2012 Human Trafficking Report: Countries D-I (3/7)Document Transcript
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.Recommendations 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
DENMARK141sex and labor trafficking through Section 262(a) of itscriminal code, which prescribes punishments of up to eightyears’ imprisonment; these are sufficiently stringent andcommensurate with penalties prescribed for other seriouscrimes, such as rape. In March 2012, the government passeda law increasing the maximum penalty for trafficking to tenyears imprisonment, complying with the EU anti-traffickingdirective. The government reported investigating 14 sextrafficking cases in 2011, compared with 13 cases investigatedin 2010, and prosecuted 13 trafficking suspects during 2011,the same number prosecuted in 2010. Denmark convicted 9sex trafficking offenders in 2011, compared with 11 convictedoffenders in 2010. Penalties for these trafficking offendersranged from nine to 30 months’ imprisonment. Victim serviceNGOs reported the same trafficking offenders continue tooperate with relative impunity within the commercial sex sectorin the country. Furthermore, as noted by country experts, thegovernment’s compressed time table for victim identificationfor detained potential victims provided few opportunities fortrafficking victims to self-identify or to cooperate with lawenforcement. The government commissioned an independentstudy on forced labor in the agricultural and cleaningindustries, thought to be the most vulnerable industriesbesides prostitution. Although the resulting December 2011report concluded that these sectors showed little current threatof trafficking, some country experts questioned the validity ofthe study methodology. The government has yet to prosecuteany labor trafficking offenders in Denmark.ProtectionThe Government of Denmark took initial steps to improveits protection of trafficking victims during the reportingperiod. The government reported that it continued to useproactive victim identification techniques to locate victimsof sex trafficking. During the year, the government identifiedand certified 60 trafficking victims compared with 52 in 2010.Of the identified victims in 2011, two were children. Allvictims received comprehensive services, including medical,dental, psychological, and legal services, although the victimcertification process differed based on immigration status.EU victims were certified by government social workers andwere allowed to remain in Denmark for 3 months if they wereunemployed and indefinitely if they were employed. However,victims without legal immigration status – which generallyincluded the vast majority of non-EU victims – can typicallyonly remain in Denmark beyond the 30-100 day reflectionperiod if they opt for repatriation under the government’sprepared return program or if they apply for asylum. Non-EU victims were certified by the Danish Immigration Service,with input from front-line responders who performed initialassessments, and received 30-100 day “reflection” periodsduring which time they received a stipend. Country andregional experts note that, although all victims (both EU andnon-EU) received support and assistance during this timeand it is referred to as a reflection period, the ultimate aim isto prepare victims for their departure from Denmark in linewith the Aliens Act, rather than creating an opportunity forrecovery and decision-making about cooperation with lawenforcement, as required by the Council of Europe Convention.That convention requires that victims be accorded at least 30days or whatever time would be sufficient to recover, escape theinfluence of their traffickers and make an informed decisionabout cooperating with competent authorities. Consistentwith the Aliens Act, the NAP defines the reflection periodas an “extended time limit from departure.” Because of thegovernment of Denmark’s emphasis on victims’ return, fewvictims were allowed to remain in country long enough tobuild their trust in order to facilitate prosecution of theirtraffickers in 2011.Although Danish authorities assert identified victims areremoved from jails after they are identified, NGOs reportthat potential trafficking victims often remain in jail forimmigration violations or petty crime if they are not identifiedwithin the 72 hour legal limit within which police are able todetain a person without referral to a judge. Experts note that72 hours is an unrealistically short time frame for victimsto self-identify and disclose elements of their exploitationand noted ongoing serious concerns about non-EU potentialtrafficking victims being punished for immigration violationswhile the Danish Immigration Services reviews whetherthey are victims of trafficking in persons. Furthermore, thegovernment’s new NAP states, “if foreign victims of traffickingare only identified after they have had an encounter withthe police, e.g., in connection with police raids within thegroup of women in prostitution, the women often feel undertremendous pressure and the window of opportunity regardingidentification is very small if dealing with a foreign nationalwho is in Denmark illegally.” Although the governmentreported it issued guidelines not to prosecute victims for crimescommitted as a result of their being trafficked, there is nostatutory protection against such prosecutions under Danishlaw. The government’s new National anti-trafficking actionplan called for further guidelines for prosecutors to withdrawcharges for victims for violations committed in the course oftheir trafficking. However, NGOs continued to report caseswere driven by victims’ illegal immigration status or crimescommitted under coercion, resulting in their prosecution orimprisonment; one NGO cited a case of a trafficking victimprosecuted for forced cannabis cultivation.While the government reported offering asylum as a long-term legal alternative to the removal of trafficking victimsto countries where they face retribution or hardship, thestandard for asylum is high and the Denmark governmentgranted asylum for only two trafficking victims in 2011. Therewere no legal provisions entitling trafficking victims to applyfor or receive a residence permit. In fact, Denmark continuedto stand out as the only EU country without this specificlegal protection for trafficking victims. After the 30-100 dayreflection period, victims were repatriated as part of thegovernment’s “prepared return program” unless they applyfor asylum. The government returned 12 trafficking victimsto their countries of origin under this program in 2011; thisis an increase from two victims in 2010. The governmentacknowledged in its recent NAP that relatively few traffickingvictims accept the offer of prepared return. Local and regionalexperts continued to call into question the voluntariness ofaccepting an assisted return from Denmark. The governmentreported it encouraged victims to assist in law enforcementinvestigations. However, it did not provide further informationon the number of victims who cooperated or whether anyassisted in the prosecution of their traffickers.PreventionThe government of Denmark sustained its efforts to preventtrafficking during the reporting period. In November, thegovernment’s Center Against Human Trafficking launchedan outreach program and website aimed at reducing demandfor prostitution called, “Out with the Traffickers.” During
142DJIBOUTIthe reporting period, this Center also produced a trainingfilm for health professionals and continued to run publicawareness campaigns in various media targeting potentialclients of prostitution. The government released its new anti-trafficking action plan for 2011-2014 during the reportingperiod. Although it contains general aspirations to addresssome of Denmark’s deficiencies, many NGOs question thepolitical will of the government to authentically tackle itstrafficking problem. The Ministry of Defense provided humanrights training to Danish soldiers prior to their deploymentabroad on international peacekeeping missions, whichincluded instruction on its zero-tolerance policy regardinghuman trafficking.DJIBOUTI (Tier 2 Watch List)Djibouti is a transit, source, and destination country formen, women, and children subjected to forced labor and sextrafficking. Large numbers of voluntary and undocumentedeconomic migrants from Ethiopia, Somalia, and Eritrea –including men, women, and children – pass through Djiboutien route to Yemen and other locations in the Middle East;an unknown number of these migrants are subjected toconditions of forced labor and sex trafficking upon arrivalin these destinations. Within Djibouti, this large migrantpopulation, which includes foreign street children, isvulnerable to various forms of exploitation, including humantrafficking. A small number of women and girls may fall victimto domestic servitude or forced prostitution after reachingDjibouti City, the Ethiopia-Djibouti trucking corridor, orObock – the preferred crossing point into Yemen. Djibouti’solder street children reportedly act, at times, as pimps foryounger children. A small number of girls from impoverishedDjiboutian families may be coerced into prostitution by familymembers or other individuals. Members of foreign militariesstationed in Djibouti contribute to the demand for womenand girls in prostitution, including trafficking victims. Streetchildren, including Djiboutian children, are forced by theirparents or other adult relatives to beg as an additional sourceof family income; children may also be recruited from foreigncountries for begging in Djibouti. Children are also vulnerableto forced labor as domestic servants and coerced to commitcrimes, such as theft, often by trafficking networks who forcethe children to use drugs. The Polish government identifiedone Djiboutian trafficking victim in 2011.The Government of Djibouti does not fully comply withthe minimum standards for the elimination of trafficking;however, it is making significant efforts to do so. Despite itsconviction of 20 smugglers, and provision of basic healthcareto undocumented migrants – demonstrating the government’scontinued focus on the smuggling problem that plagues thecountry and its ability to respond to transnational crime– thegovernment did not demonstrate evidence of increasing effortsto address human trafficking during the year; therefore, Djiboutiis placed on Tier 2 Watch List. Specifically, the government didnot take steps to prosecute traffickers or develop proceduresfor the identification of trafficking victims and their referralto available services. Police continued monitoring bars forchild prostitution; however, no investigations, prosecutions,or convictions of pimps or clients were reported and thereis no evidence that children in prostitution were referred tocare. The government did not improve implementation of theprotection or prevention components of its anti-trafficking law,even within the confines of its limited resources and capacity.Recommendations for Djibouti: In implementing Law 210,identifying victims, and combatting trafficking generally,ensure use of a broad definition of trafficking in persons,consistent with the 2000 UN TIP Protocol that does not relyon evidence of movement, but rather on exploitation of thevictim; continue to work with judges, prosecutors, and policeto clarify the difference between cases of human traffickingand alien smuggling; enforce the anti-trafficking statutethrough investigation and prosecution of trafficking offenders,especially those responsible for child prostitution, domesticservitude, or other forced labor offenses and provide data onconvictions and sentences of trafficking offenders; institutea module on human trafficking as a standard part of themandatory training program for new police and border guards;establish policies and procedures for government officials –including health and social welfare officers – to identifyproactively and interview potential trafficking victims andtransfer them to care; expand mechanisms for providingprotective services to victims, possibly through the forgingof partnerships with NGOs or international organizations;form partnerships with local religious leaders, encouragingthem to educate their congregations about trafficking; andlaunch a nationwide anti-trafficking awareness campaign.ProsecutionThe government made minimal efforts to enforce its lawsagainst human trafficking during the reporting period. Inthe previous reporting period the government named adeputy prosecutor as a focal point for all human traffickingprosecutions; however, the government did not prosecute orconvict any trafficking offenders in 2011. Djibouti’s Law 210,“Regarding the Fight Against Human Trafficking,” enacted inDecember 2007, prohibits both forced labor and sex trafficking.It also provides for the protection of victims regardless ofethnicity, gender, or nationality, and prescribes penalties of upto two to five years’ imprisonment, penalties are sufficientlystringent. However, these penalties are not commensuratewith those prescribed for other serious crimes, such asrape. Djiboutian authorities failed to demonstrate efforts toinvestigate or punish domestic servitude, other forced labor,or sex trafficking offenses. The government did not provideanti-trafficking training to officials during the year.ProtectionThe government demonstrated decreased efforts to protectvictims of trafficking during the reporting period and did notprovide shelter or services directly to victims of trafficking.Unlike in 2010, the government did not report the rescue ofany children from prostitution or their referral to care in 2011.With few resources itself and a small pool of underfundedNGO partners, the government had little means with whichto address the needs of trafficking victims during the year.
DOMINICANREPUBLIC143During 2011, IOM identified and repatriated 17 Ethiopian,Somali, and Eritrean trafficking victims in Djibouti, includingfour children and 12 adults. The Ministry of Health in Obockprovided care to African migrants, including food andemergency outpatient care for dehydration, pregnancy, orinjuries received while traveling. The Coast Guard providedwater and bread to migrants aboard smuggling vesselsintercepted at sea and referred them to hospital care if needed.Djiboutian authorities continued to lack a formal systemto proactively identify victims of trafficking among high-risk populations, such as undocumented immigrants andthose arrested for prostitution. The government regularlydeported undocumented foreigners and did not screen forindicators of human trafficking. Additionally, the governmentdetained street children, including potential trafficking victims,following sweeps to clear the streets in advance of holidays ornational events. Although victims of trafficking were permittedto file civil suits against their traffickers, there did not appearto be encouragement from the government for victims to assistin criminal investigations of their traffickers. Foreign victimsof trafficking are not offered legal alternatives to removal tocountries in which they may face hardship or retribution.PreventionThe government made modest efforts to prevent traffickingduring the year. It remains unclear whether the government’sworking group on trafficking, led by the Ministry of Justice,met during 2011 or finalized the national anti-traffickingaction plan. The government continued its partnership withIOM to inform migrants of the potential dangers of irregularmigration through billboard, radio, and television campaigns.The Ministry of Justice, in partnership with IOM, created anddistributed a French-language pamphlet to raise awarenessof trafficking in persons among the Djiboutian population.In January 2012, the Governments of Djibouti and Ethiopiasigned an “Agreement to Combat Illegal Immigration andHuman Trafficking” and a Memorandum of Understandingon labor exchange that establish legal recognition of andaccess to labor protection for undocumented Ethiopiansresiding in Djibouti. In fall 2011, the government created theDjiboutian Coast Guard, which interdicted 20 overloadedboats of Ethiopians and Somalis making the water crossingto Yemen during the year. The government did not take anyknown measures to reduce the demand for commercial sexacts or forced labor; the Ministry of Labor did not conductany child labor inspections in 2011.DOMINICAN REPUBLIC (Tier 2)The Dominican Republic is a source, transit, and destinationcountry for men, women, and children subjected to sextrafficking and forced labor. Reports indicate that Dominicanwomen and children are subjected to sex trafficking throughoutthe Dominican Republic, the Caribbean, Europe, SouthAmerica, the Middle East, and the United States. Additionally,child sex tourism is a problem, particularly in coastal resortareas of the Dominican Republic, with child sex touristsarriving year-round from the United States and Europeancountries. Dominican officials and NGOs have documentedcases of children being forced into domestic service, streetvending, begging, agricultural work, and construction.Reportedly, forced labor of adults exists in construction, somesectors of agricultural production, and service sectors. Streetchildren and the large population of undocumented or statelesspeople of Haitian descent are groups particularly vulnerable totrafficking, though authorities identified Dominican victimsin the Dominican Republic as well.The Government of the Dominican Republic does not fullycomply with the minimum standards for the elimination oftrafficking; however, it is making significant efforts to do so.During the reporting period, the government made notableprogress in identifying and assisting child trafficking victimsas well as convicting child trafficking offenders. Authoritiescontinued to face challenges in addressing official complicity,proactively identifying and protecting adult trafficking victims,coordinating the government’s anti-trafficking efforts, andaddressing the demand for human trafficking within thecountry.PRecommendations for the Dominican Republic: Vigorouslyprosecute and punish offenders involved in the trafficking ofchildren and adults, including public officials complicit inforced prostitution or forced labor; encourage the identificationand documentation of more victims by working with NGOsto establish formal procedures for officials’ identification ofadult and child trafficking victims, especially those in thelegalized sex trade, and referring them to available services;ensure adequate shelter and services are available to adultmale victims; establish formal legal alternatives to removalfor foreign victims to countries where they would faceretribution or hardship; empower an interagency task forcethat meets regularly and is made up of police, prosecutors,victim services providers, and NGOs with tools and resourcesto ensure coordination of anti-trafficking efforts, justice forperpetrators, and restorative care for victims; implement aforced labor and forced prostitution awareness campaign inSpanish and Creole that targets the demand for commercialsex acts and forced labor as well as trafficking victims.ProsecutionThe government made clear progress in prosecuting traffickingoffenders during the reporting period. Dominican Law 137-03 of 2003 prohibits all forms of human trafficking andprescribes penalties of up to 20 years’ imprisonment with fines.Such penalties are sufficiently stringent and commensuratewith those prescribed for other serious crimes, such as rape.The government reported at least 39 new human traffickinginvestigations during the reporting period, an increasefrom 35 investigations last year, and 14 new sex traffickingprosecutions and eight forced labor prosecutions, a notedimprovement from the lack of any confirmed prosecutions lastyear. The government also reported five new convictions for sextrafficking offenders, all of which involved child sex trafficking;this contrasts with no convictions reported in the precedingreporting period. Convicted offenders received sentencesranging from one to ten years’ imprisonment. One sentence– for two years’ imprisonment – was suspended, and one
144ECUADORprosecution resulted in an acquittal that the government hassince appealed. Official complicity with trafficking remained aproblem, but the government did not report any prosecutions,convictions, or sentences of trafficking officials complicit inhuman trafficking during the reporting period. Despite thelack of prosecutions of government officials, the Dominicangovernment demonstrated a willingness to investigate possibletrafficking cases with potential official ties. One alleged caseof prostitution of a child involving members of the militarywas swiftly investigated, the military members were detained,and the case was referred to civilian prosecutors for action.In this particular instance, officials determined the case didnot involve child trafficking. In labor trafficking cases thatalso involved other labor violations, the prosecution of thetrafficking case reportedly was conditional on the success ofthe separate labor violation proceedings, and in cases wherethe labor proceeding was dismissed or withdrawn due to victimintimidation or bribery, the trafficking case was brought toa standstill.In February 2012, the District Attorney for Santo Domingoannounced the creation of a new dedicated unit to investigateand prosecute cases of trafficking. The government reported itspent the equivalent of over $112,000 on trafficking-specifictraining during the reporting period, including the Ministryof Foreign Affairs’ specialized training for ministry officialsand 467 members of the Tourism Police.ProtectionThe government made progress in the identification andprotection of child trafficking victims during the reportingperiod, though progress in the identification and protectionof adult victims was less apparent. During the reportingperiod, the government reportedly identified 76 adult andchild trafficking victims. It was not clear how many of thesevictims were in forced labor or sex trafficking. The DominicanRepublic’s trafficking statute mandates that trafficking victimsshall receive physical, psychological, and social assistance,as well as advice and information regarding their rightsfrom government agencies in coordination with NGOs. Thegovernment did not report the amount of funding that itspent on trafficking victim protection during the year. Thegovernment operated short-term shelter facilities for adultfemale and child trafficking victims during the reportingperiod; however, it did not offer specialized care for maletrafficking victims. The government’s child protection agencyreported assisting 60 child trafficking victims in cooperationwith NGOs during the reporting period. The government didnot, however, provide data on the number of adult traffickingvictims, if any, to whom its agencies offered assistance. Thegovernment did not develop or implement formal proceduresto guide many front-line responders, such as police, laborinspectors, and health workers, on how to proactivelyidentify trafficking victims among vulnerable groups, suchas people in the Dominican Republic’s legalized sex tradeand migrant workers, and refer them to available services.However, the Ministry of Foreign Affairs, in partnershipwith IOM, developed and disseminated a comprehensiveconsular manual on addressing human trafficking casesand assisted with the rescue and repatriation of at least sixDominican trafficking victims during the reporting period. Thegovernment did not provide formal long-term reintegrationassistance programs for repatriated Dominican traffickingvictims, or legal alternatives to foreign victims’ deportation,though the government provided limited immigration relieffor Haitian child victims of trafficking displaced as a resultof the earthquake. Although the Dominican trafficking lawprotects victims from being punished for crimes committedas a direct result of their being trafficked, there were reportsof some victims being detained and fined by law enforcement.PreventionThe government made some progress in the prevention ofhuman trafficking during the reporting period. The government,in partnership with NGOs, undertook some public awarenessefforts to clarify the difference between human traffickingand human smuggling. The Office of the First Lady launchedan anti-trafficking website to provide information on the legalframework, government institutions and NGOs addressingtrafficking, as well as a mechanism for victims to report cases.In addition, the Ministry of Foreign Affairs and Ministry ofWomen continued additional anti-trafficking campaigns. TheGeneral Migration Directorate carried out a national radiocampaign to create awareness about the exploitation of streetchildren. The Dominican government announced a plan toissue identity cards to resident and nonresident temporaryworkers, including undocumented Haitians, although theMinister of Migration noted that workers must first presentproof of citizenship in order to receive the cards. The Ministryof Foreign Affairs chaired an interagency anti-traffickingcommission. There were reports that the commission hashad limited effectiveness as a coordinating body because itlacked adequate staffing and did not hold regular meetings.The Dominican government, with assistance from a foreigngovernment, maintained a specialized police unit empoweredto vigorously investigate and prosecute child sex tourism casesin the Dominican Republic. The Office of the First Lady signeda memorandum of understanding with an NGO to educatetravel agency workers on human trafficking. The governmentdid not undertake efforts to reduce the demand for commercialsex acts or forced labor during the reporting period.ECUADOR (Tier 2 Watch List)Ecuador is a source, transit, and destination country for men,women, and children subjected to sex trafficking and forcedlabor. The majority of trafficking victims are believed to bewomen and children recruited within the country from borderand central highland areas and moved to urban centers wherethey are exploited for sex trafficking, as well as for domesticservitude, forced begging, and forced labor in mines and otherhazardous work. Indigenous Ecuadorians are vulnerable toforced labor. Some families reportedly allowed traffickerstemporarily to take their children in order to earn money eitherwithin the country and or in neighboring countries; thesechildren are forced to work as domestic servants, street vendors,and beggars. There also have been reports of Ecuadorianchildren being forced to engage in criminal activity, suchas drug trafficking and robbery, and Ecuadorian childrenhave been recruited by armed groups along the northernborder with Colombia. Ecuadorian children were identified insituations of forced labor in Brazil and Venezuela during theyear. Ecuadorian women are subjected to forced prostitutionin Colombia, Peru, and Spain. Ecuador is a destination forColombian and Peruvian women and girls exploited in sextrafficking. Colombian refugees and migrants are subjected toforced labor in palm oil plantations. There were limited reports
ECUADOR145of child sex tourism involving Ecuadorian citizens visitingtourist destinations, such as Tena and the Galapagos Islands.The Government of Ecuador does not fully comply withthe minimum standards for the elimination of trafficking;however, it is making significant efforts to do so. During theyear authorities increased efforts to investigate traffickingoffenses by establishing a dedicated anti-trafficking policeunit, and supplemented the number of centers providinggeneral assistance to at-risk youth, including trafficking victims.However, the government did not convict any traffickingoffenders during the year, official complicity continued tobe a significant and largely unaddressed problem, and victimservices remained minimal in many parts of the country;therefore, Ecuador is placed on Tier 2 Watch List for the secondconsecutive year.Recommendations for Ecuador: Match the increased effortto investigate and prosecute trafficking offenses with an effortto convict and punish trafficking offenders, including publicofficials complicit in trafficking crimes; develop and implementformal procedures for identifying trafficking victims amongvulnerable populations, such as those in prostitution or amongchild and migrant workers; increase funding for specializedcare services for trafficking victims, including for adults;increase anti-trafficking training for local police officers, judges,labor inspectors, immigration officials, social service workers,and other government officials; provide foreign victims withformal legal alternatives to their removal to countries wherethey may face hardship or retribution; enhance data collectionand coordination; and increase public awareness of all formsof human trafficking.ProsecutionThe government made uneven progress in its law enforcementefforts against trafficking in persons crimes last year. Ecuadorprohibits all forms of human trafficking in Article 190 of itspenal code, amended in 2005, which prescribes punishmentsof six to nine years’ imprisonment for labor trafficking offenses,and eight to 12 years’ imprisonment for sex trafficking offenses.Such penalties are sufficiently stringent and commensuratewith those prescribed for other serious crimes, such as rape.Other statutes, including those prohibiting various formsof sexual exploitation, also are used to prosecute humantrafficking crimes.In July 2011, the government established an anti-traffickingpolice unit with a staff of 14 in Quito to improve efforts toidentify and investigate trafficking cases. During the previousyear, the police unit responsible for investigating all crimesagainst children had been responsible for trafficking casesbut was unable to report how many were investigated. Theorganized crime prosecutorial unit continued to handletrafficking cases with insufficient resources to deal with alarge caseload. Data collection on trafficking crimes remaineduneven.The new police unit reported initiating 49 traffickinginvestigations between June and December 2011, with asignificant number of cases involving forced labor. Authoritiesreported that all of these investigations led to prosecutions,due to a new policy of police and prosecutors working closelyduring the investigative stage. However, the governmentdid not report any convictions for human trafficking in2011; while authorities achieved convictions under statutesprohibiting various sexual crimes, there was no disaggregateddata available to confirm whether any of these convictionswere for human trafficking crimes. In comparison, officialsreported convicting three sex trafficking offenders in 2010.Some judges demonstrated a lack of knowledge abouttrafficking: one judge dismissed a child sex trafficking casebecause prostitution is legal over the age of 18, while anotherdismissed a domestic servitude case on the grounds that theaccused were helping the victim by providing food and shelter.Other judges reduced charges of trafficking to charges ofpimping or disappearance, crimes that carry shorter sentences.Civil society organizations and some officials noted thatcorruption impeded investigation and prosecution efforts.According to NGOs, police officers were partners in brothelsthat employed women and girls with false documentation, civilregistry officials issued false identity documents to children,and police threatened Colombian women with deportation inorder to obtain sexual favors. Some corrupt officials allegedlyinformed traffickers prior to law enforcement operations.Despite these reports of trafficking-related corruption, noprosecutions or convictions of complicit officials took placelast year, although one local government official reportedlywas under investigation for trafficking offenses. The specializedpolice unit trained several thousand police officers in sevencities, and officials attended other training sessions providedby international organizations. Ecuadorian officials partneredwith Venezuelan, Brazilian, and Colombian authorities toinvestigate several international labor trafficking cases.ProtectionThe Ecuadorian government sustained limited protections forvictims of trafficking throughout the year. Authorities reportedcontinued efforts to remove children from commercial sexualexploitation but did not have systematically applied proceduresto identify adult victims among vulnerable populations, suchas women in brothels. Authorities referred victims to servicesthrough the National Institute for Children and Families,although NGOs noted that sometimes cases were not properlyreferred. There was no reliable estimate of the total numberof trafficking victims identified during the reporting period,although one NGO reported assisting more than 79 childsex trafficking victims at its shelter, and the dedicated policeunit reported rescuing 12 victims – four were victims of sextrafficking, while the rest were victims of forced labor, andseven were children.One NGO maintained a dedicated shelter capable of caringfor 25 girl sex trafficking victims at a time, and was almostalways at capacity. There were few specialized services andno specialized shelters for adult trafficking victims or forboys. Authorities reported that child victims could receivegeneral care services through a network of government-runat-risk youth protection centers that expanded from 43 to 86over the last year. However, there were no data on how manychild trafficking victims were helped at these centers, norwere all of these centers able to provide adequate services or
146EGYPTprotection for trafficking victims. The government providedlimited funds to other general-purpose shelters operated bycivil society organizations. In addition to these short-termservices, the government reported providing victims withcounseling, protection, job training, and educational trainingbut did not report how many victims received these servicesduring the year.The government encouraged victims to assist with theinvestigation and prosecution of trafficking offenders, andat least one victim did so during the year. The governmentmaintained and funded a victim and witness protectionprogram, although this program had insufficient resourcesfor adult victims. Many victims chose not to participate ininvestigations due to inadequate protection or lack of faithin the justice system. Authorities did not penalize identifiedtrafficking victims for unlawful acts committed as a directresult of their being trafficked. The Ecuadorian governmentdid not provide legal alternatives to the removal of foreignvictims to countries where they faced hardship or retribution,although it often allowed identified foreign victims to remainin the country temporarily. In the past, however, there werereports that some foreign victims were not identified and weredeported instead of receiving care services. The governmentreportedly provided victim services to repatriated Ecuadoriantrafficking victims.PreventionThe Government of Ecuador maintained trafficking preventionefforts last year. The interagency anti-trafficking working groupreportedly began meeting on a biweekly basis in late 2011,and the Ministry of the Interior created an anti-traffickingsub-directorate to coordinate government anti-traffickingefforts. A draft national anti-trafficking plan, which includeda budget and sought to address challenges such as poor datacollection mechanisms and limited funding, was discarded,and officials reported using the 2006 anti-trafficking plan. TheMinistry of Tourism continued an awareness campaign aimedat preventing sexual exploitation of children in tourist areas.Local authorities worked with an international organizationand with NGOs to conduct awareness and preventionactivities in their localities. The government continued tofund a campaign to prevent seasonal begging, a practicethat sometimes involves forced child labor. Most awarenessefforts focused on child sexual exploitation or child labor.The government did not report steps to reduce demand forcommercial sex acts purchased from adults or forced laborduring the reporting period.EGYPT (Tier 2)Egypt is a source, transit, and destination country for womenand children who are subjected to conditions of forced laborand sex trafficking. Men and women from Egypt, South andSoutheast Asia, and Africa may be subjected to forced labor inEgypt. Workers in domestic service in Egypt may have beenheld in conditions of forced labor, including foreign womenfrom Indonesia, the Philippines, Sudan, Eritrea, Ethiopia,and possibly Sri Lanka; Indonesians make up the largestnumber of foreign domestic servants, including those that areheld in conditions of forced labor. Some of these conditionsinclude no time off; sexual, physical, and emotional abuse;withholding of wages and documents; and restrictions onmovement. Employers may use the domestic workers’ illegalstatus and lack of employment contracts as coercive tools.During the reporting period, there has been an increase inforeign migrants, particularly from Eritrea, Sudan, and to alesser extent Ethiopia, who are smuggled or kidnapped byorganized criminal groups and, in many cases, held captiveunder extended periods in the Sinai by Bedouin and otherEgyptian smugglers as they attempt to migrate to Israel. Anincreasing number of these migrants are reportedly forcedinto sexual servitude or forced labor during their captivity,based on documented victim testimonies; in many cases, therewere also allegations of extreme torture. As many as 2,000migrants, including men, women, and children, cross theIsraeli border from the Sinai every month; Egyptian borderpatrols commonly shoot and sometimes kill these migrants,some of whom may be trafficking victims, as they attempt tocross the Israeli border. Young and middle-aged Egyptian menfilled construction, agriculture, and low-paying service jobsin Jordan; NGO and media reports indicate some Egyptiansare forced to work in Jordan and experience the withholdingof passports, forced overtime, nonpayment of wages, andrestrictions on their movements.Some of Egypt’s estimated 200,000 to one million streetchildren – both boys and girls – are subjected to sex traffickingand forced begging. Informal criminal groups are sometimesinvolved in this exploitation. Egyptian children are recruitedfor domestic service and agricultural labor; some of thesechildren face conditions indicative of forced labor, such asrestrictions on movement, nonpayment of wages, threats, andphysical or sexual abuse. In addition, wealthy men from theGulf, including Saudi Arabia, the United Arab Emirates, andKuwait reportedly continue to travel to Egypt to purchase“temporary” or “summer marriages” with Egyptian females,including girls who are under the age of 18; these arrangementsare often facilitated by the females’ parents and marriagebrokers who profit from the transaction. Children involvedin these temporary marriages suffer both sexual servitudeand forced labor as servants to their “husbands.” Child sextourism occurs in Egypt, particularly in Cairo, Alexandria,and Luxor. Egypt is a destination country for women andgirls forced into prostitution, including refugees and migrants,from Asia and sub-Saharan Africa and to a lesser extent theMiddle East. In previous reporting periods, some evidencesuggested that Egypt is a transit country for women fromeastern European countries trafficked to Israel for commercialsexual exploitation; however, little evidence indicates thatthis is still a preferred trafficking route.The Government of Egypt does not fully comply with theminimum standards for the elimination of trafficking, butit is making significant efforts to do so. Due to prolongedpolitical unrest, the Government of Egypt was unable toprovide law enforcement and prosecution data on its efforts tocombat trafficking during the reporting period. However, Egyptoperated shelters, provided services for victims, and providedin-kind assistance to IOM to operate a shelter for victims oftrafficking in Cairo. Egypt continued to develop strategies toimplement its comprehensive action plan to address all aspectsof trafficking; the government completed a national victimreferral mechanism to facilitate victim identification andtreatment, in cooperation with IOM. However, the governmentdid not proactively identify victims of trafficking amongvulnerable groups, and the government’s capacity to do soremained limited. The government also did not report any
EGYPT147significant efforts to address forced child labor in domesticservitude and forced domestic labor of female migrant workers.Moreover, Egypt failed to investigate and prosecute governmentofficials who were complicit in trafficking offenses, particularlythe forced labor of domestic workers in their private residences.The government’s security forces continued a practice ofshooting foreign migrants in the Sinai, including possibletrafficking victims.PRecommendations for Egypt: Implement the 2010 anti-trafficking law and the 2008 child trafficking law by increasinginvestigations and prosecutions against all forms of trafficking,including against domestic servitude and other forms of forcedlabor, as well as forced prostitution; cease shooting foreignmigrants, including possible trafficking victims, along theSinai border, and make efforts to identify and assist victimsof trafficking among foreign migrants exploited in the Sinai;undertake greater efforts to investigate, detain, prosecute, andpunish smugglers, including in the Sinai, for trafficking victimsfrom the Horn of Africa to Israel; utilize the national victimreferral mechanism to better institute and apply formalprocedures to identify victims of trafficking among vulnerablegroups, including those arrested for prostitution, streetchildren, and undocumented migrants; ensure identifiedtrafficking victims, including those subject to forcedprostitution, are not punished for unlawful acts committedas a direct result of being trafficked; further expand the scopeof protection services and make these services available to allvictims of trafficking; encourage victims of trafficking to assistin investigations against their traffickers; assess the potentialfor forced labor and related offenses among domestic servants;improve legal protections for domestic workers; make greaterefforts to investigate and punish government officials complicitin trafficking offenses; continue to implement the nationalaction plan on human trafficking; and raise awareness on thedefinition and dangers of trafficking among the public andgovernment officials.ProsecutionThe Government of Egypt made minimal progress in itsanti-trafficking law enforcement efforts during the reportingperiod. Egypt prohibits all forms of human trafficking throughits 2010 anti-trafficking law, which prescribes penalties fromthree to 15 years’ imprisonment along with fines ranging from$8,300 to $33,300. These penalties are sufficiently stringentand commensurate with penalties prescribed for other seriousoffenses, such as rape. Amendments to the Child Law (No.126 of 2008) include provisions prohibiting the sex traffickingof children and forced labor, which prescribe sentences of atleast five years’ imprisonment, which are sufficiently stringentand commensurate with penalties prescribed for other seriouscrimes. Due to sustained political instability and unrest, anda concomitant diminishment in capacity of the country’spolicing and court functions, the government did not reportdata on its efforts to investigate, prosecute, convict, or punishtrafficking offenders using the 2010 law, nor did it provideofficial data on investigating and prosecuting “summermarriages” under the Child Law or other criminal codes. Thegovernment, however, reportedly cooperated with Indonesiaon investigations into allegations of abuse of Indonesian femaledomestic workers in Egypt. Despite this effort, internationalorganizations and source country embassies report that theGovernment of Egypt failed to investigate accusations thatmultiple government officials, including judges, Ministry ofthe Interior officials, and other high level government leaders,forcibly held Indonesian domestic workers inside their homes,and in some cases physically and sexually abused them. Atthe end of this reporting period, the women were still beingheld in conditions of forced labor without pay or access totravel documents. The government did not report any effortsto punish government officials for complicity in traffickingoffenses during the reporting period. The government providedtrafficking-related trainings, but owing to a lack of resourcesand budget constraints, relied in many cases on supportfrom international organizations and NGOs. Six-hundredgovernment officials and NGO workers participated inNational Council for Childhood and Motherhood (NCCM)-organized and IOM-funded trainings on trafficking issues.NCCM reported providing another 800 officials with in-house anti-trafficking training using its own resources. Thegovernment, in conjunction with IOM, also distributed 500copies of victim identification guidelines – with copies of therelevant laws – for investigating and prosecuting traffickingoffenses to government officials, including law enforcement,immigration, medical, and social service officials.ProtectionThe Government of Egypt made significant, yet uneven,progress in its efforts to protect victims of trafficking duringthe reporting period. The government, in partnership withinternational organizations and NGOs, provided shelter anda range of protective services to trafficking victims during thereporting period; however, most government officials failedto employ victim identification and referral procedures toproactively identify victims among vulnerable groups, thustreating many trafficking victims as criminals. A joint IOM-NCCM shelter designated for female and child traffickingvictims provided female victims of forced prostitution andforced labor with medical, psychological, legal, vocational,and repatriation assistance. The facility provided shelter for12 victims for up to three months; the shelter was usually atfull capacity, indicating a need for additional space or shelters.The Ministry of Health, with international assistance, beganoperation of a treatment center for victims of trafficking in aCairo hospital. This day facility served four or five victims a dayby the end of the reporting period; however, it is not intendedas an overnight or long-term facility. With internationalassistance, the Ministry of Social Affairs opened a new shelterin Cairo during this reporting period to assist vulnerablechildren, including trafficking victims, with walk-in services,an overnight shelter, and a juvenile detention center; it isunknown how many child trafficking victims the shelterassisted during the reporting period. However, many othergovernment facilities for street children were reportedly indisrepair, lacked funds, and were not prepared to specificallyidentify and assist trafficking victims. There were reports,however, that government officials who visited one sheltersuggested that a child trafficking victim return to her family,despite the fact that the family was involved in the trafficking.IOM and NCCM provided protection and assistance to 122victims of trafficking from January 2011 to February 2012. The
148ELSALVADORmajority of these victims were Indonesian; 75 of them werevictims of forced labor, 31 were victims of sexual exploitation,two were victims of child marriage, and one was a victimof forced begging. In addition, an international NGO, inpartnership with the government, continued to run a daycenter in Cairo to care for abused street boys involved inforced begging or petty crime; the center provided counseling,medical care, and literacy and computer classes. In anotherpositive development from the previous reporting period,the government adopted a formal IOM-recommended victimreferral mechanism in February 2012, which designates NCCMas the approved entity for victim screening and identificationand case management; the referral mechanism was developedto identify victims and refer them to shelter, medical, legal,and other services.Despite the adoption of the victim referral mechanism, mostgovernment personnel did not systematically employ victimidentification and referral procedures to proactively identifyand assist trafficking victims among vulnerable groups duringthe majority of the reporting period. As a result, traffickingvictims, including many street children, women in prostitution,and some foreign migrants held in the Sinai, were often treatedas criminals rather than victims; some were prosecuted oncharges of prostitution, robbery, or immigration violations.Anecdotal reporting suggests that some trafficking victimswere deported during the reporting period. In early 2011, thegovernment’s National Center for Social and CriminologicalResearch found that 40 percent of women in jail charged withcrimes of prostitution were forced or coerced into prostitutionthrough methods of trickery, threat, or rape. In addition, lawenforcement officers may have further mistreated traffickingvictims, including minor girls, through verbal, physical, andsexual abuse. Egyptian border security personnel in theSinai continued to shoot some undocumented migrantsattempting to enter Israel, including suspected traffickingvictims, often killing them. Egyptian authorities made noattempt to identify trafficking victims among these migrantstransiting the Sinai. Some children may be sent to juveniledetention centers that are in poor condition, while others maybe subject to incarceration with adults despite the Child Law,which prohibits this practice. Some foreign trafficking victimswere not offered legal alternatives to removal to countries inwhich they faced hardship or retribution. The governmentdid not actively encourage victims to assist in investigationsagainst their traffickers. Domestic workers were not coveredby existing labor laws, making them vulnerable to abuse andforced labor.PreventionThe government made some efforts to prevent traffickingin persons during the reporting period. The governmentcontinued to implement its 2010 comprehensive nationalaction plan to combat trafficking in persons in the areas ofcooperation with international and local NGOs and developingvictim identification procedures, though political instabilityand lack of funding hindered full implementation of theplan. NCCM organized, and sometimes funded, trainingsthat addressed victim identification and victim protectionmeasures for over 1,400 government and NGO officials. Thegovernment actively cooperated with international donors ondefined benefit and education programs to prevent traffickingand forced child labor in agriculture. Unlike the previousreporting period, the government did not engage in anti-trafficking information or education campaigns. There wasno evidence that the government took measures to preventforced domestic servitude, though the government began astudy to determine the scope of forced child labor in domesticservitude. The government did not make efforts to reducethe demand for commercial sex acts or to raise awarenessof sex tourism. While there were no reports of governmentefforts to provide anti-trafficking training for its troops beforedeploying them to international peacekeeping missions, thegovernment provided training to 25 judges who will participatein peacekeeping operations with Egyptian troops.EL SALVADOR (Tier 2)El Salvador is a source, transit, and destination country forwomen, men, and children who are subjected to sex traffickingand forced labor. Women and girls, many from rural areas ofEl Salvador, are exploited in sex trafficking in urban centers.Some Salvadoran adults and children are subjected to forcedlabor in agriculture, domestic service, and forced begging.The majority of foreign victims are women and children fromneighboring countries, particularly Nicaragua, Guatemala,and Honduras, who migrate to El Salvador in response to joboffers, but are subsequently forced into prostitution, domesticservice, construction, or work in the informal sector. Gangscontinued to use children for illicit activities, in some casesusing force or coercion, and police reported that over 2,500gang members detained in 2011 were children. Salvadoranshave been subjected to sex trafficking and forced labor inGuatemala, Mexico, Belize, and the United States. Membersof organized criminal groups are reportedly involved in sometrafficking crimes in El Salvador.The Government of El Salvador 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 increased its convictions ofsex trafficking offenders and maintained a shelter for underagevictims of sex trafficking. However, there was little informationregarding victims identified or assisted, minimal specializedservices for adult victims, and only modest interagency publicawareness efforts.Recommendations for El Salvador: Provide comprehensivevictim services and assistance for victims, particularly foradults, through increased funding for such services; strengthenefforts to investigate and prosecute trafficking offenses, andto convict and sentence trafficking offenders, includinggovernment officials complicit in trafficking offenses;proactively investigate possible cases of forced labor, includingdomestic servitude; increase training on victim identificationand assistance for local immigration, law enforcement, andjudicial officials; enhance funding and capacity for specializedpolice and prosecutorial anti-trafficking units; establish formalmechanisms for identifying victims among vulnerablepopulations; provide foreign victims with legal alternatives
EQUATORIALGUINEA149to their deportation; improve data collection capacity regardingvictim identification and care; and increase public awarenessof all forms of human trafficking.ProsecutionThe Government of El Salvador’s law enforcement effortsagainst human trafficking during the reporting period includedincreased convictions of traffickers; however, official complicityremained a problem. Article 367B of the Salvadoran PenalCode prohibits all forms of human trafficking and prescribespenalties of four to eight years’ imprisonment. Such penaltiesare sufficiently stringent, though not commensurate withpenalties prescribed for serious offenses such as rape, whichcarries a punishment of six to 20 years’ imprisonment. Casesinvolving children who may have been forced by gangs toengage in illicit activities were not investigated or handled aspotential trafficking cases, despite indications that force orcoercion may have been involved. The government’s dedicatedanti-trafficking police and prosecutorial units were located inthe capital, and officers highlighted the need for more effectiveinvestigative efforts at the local level. During the year, policesignificantly increased the number of “work teams” in thespecial unit for investigation of trafficking, smuggling, andcrimes against sexual liberty, from three to eight.Officials reported investigating 76 potential cases of humantrafficking in 2011. Authorities prosecuted fifteen traffickers,and obtained nine convictions for sex trafficking with imposedsentences ranging from four to nine years’ imprisonment.This is an increase compared with five prosecutions andthree convictions reported in 2010. There was no informationavailable regarding the investigation of the former head of thededicated prosecutorial anti-trafficking unit for trafficking-related complicity. NGOs reported that corruption is asignificant obstacle to trafficking convictions. In November2011, a judge dismissed charges against nine suspects in a childsex trafficking case and stated that the underage victim shouldhave been prosecuted for having false identity documents; theattorney general’s office is appealing the case. Dependence onwitness testimony in the judicial process and the absence ofwitness protection provisions left victims and their familiesvulnerable to threats. Some officials demonstrated a limitedunderstanding of human trafficking. During the reportingperiod, the government conducted investigations with othergovernments and extradited a trafficking suspect from theDominican Republic.ProtectionThe Salvadoran government maintained a shelter for underagegirls who were victims of sex trafficking in the capital, butservices for other victims remained minimal. Immigrationofficials continued efforts to identify possible traffickingvictims in border regions, notifying the police and referringvictims to care facilities; in general, however, the Salvadorangovernment did not proactively identify trafficking victimsamong vulnerable populations, such as people in prostitutionor migrant laborers. The government’s San Salvador shelteraccommodated up to 15 girls at a time and offered victimspsychological and medical care as well as education andvocational training; victims could not leave the shelterunaccompanied. During the year 22 victims received assistanceat this shelter. Most assistance and services, including shelter,were not readily accessible to adults or male children, andmany services, including vocational training, were providedby NGOs and international organizations. The governmentdid not report funding civil society organizations to providecare to trafficking victims.Authorities did not report the number of victims identified orassisted during the year, but noted that 26 victims were involvedin the 76 cases under investigation. Authorities encouragedidentified victims to assist with law enforcement efforts andprovided limited psychological and medical assistance tothose who did; 24 victims participated in investigations orprosecutions of their traffickers during the reporting period.Other victims chose not to assist law enforcement effortsdue to social stigma, fear of reprisals from their traffickers,or lack of trust in the judicial system. Identified traffickingvictims generally were not charged, jailed, or penalized forunlawful acts committed as a direct result of being trafficked.The government offered no legal alternatives to the removalof foreign victims to countries where they may face hardshipor retribution.PreventionThe Salvadoran government maintained modest preventionefforts during the reporting period. In July 2011 thegovernment replaced its anti-trafficking committee witha new anti-trafficking council. This move was intended toreflect a higher level of commitment to the issue, but the newcouncil was not noticeably active during the reporting period.The government indicated it maintained a campaign aboutchild sex tourism, but there were no details, and authoritiesdid not report identifying or investigating any cases of childsex tourism during the year. No specific government efforts toreduce demand for commercial sex acts or forced labor werereported over the last year.EQUATORIAL GUINEA (Tier 3)Equatorial Guinea is a source and destination for women andchildren subjected to forced labor and sex trafficking. Themajority of trafficking victims are believed to be exploitedin Malabo and Bata, where burgeoning construction andeconomic activity funded by oil wealth has contributed toincreases in the demand for cheap labor and commercialsex acts. Children are transported from nearby countries– primarily Nigeria, Benin, Cameroon, Togo, and Gabon –and may be forced to work as domestic servants, marketlaborers, ambulant vendors, and launderers. In some instances,distant relatives claiming to be their parents are responsiblefor subjecting these children to forced labor. Equatoguineangirls, some as young as 14 or 15, are victims of sex traffickingin Malabo and Bata, and reports indicate some parents mayencourage their daughters to engage in prostitution, especiallywith foreigners, in order to receive groceries, gifts, housing, andmoney. Women from Cameroon, Benin, and other neighboringcountries are recruited for work in Equatorial Guinea, butmay be subsequently subjected to forced labor or forcedprostitution. Some Chinese women migrate to EquatorialGuinea for work or to engage in prostitution and may be subjectto passport confiscation. In 2011, an Equatoguinean womanwas identified and rescued from forced prostitution in Spain.Sub-contractor staff in the oil services and construction sectors,including migrants from Africa, Asia, and the Americas, maybe vulnerable to forced labor, as they reportedly endure sub-
150EQUATORIALGUINEAstandard working conditions and, in some instances, may besubject to passport confiscation.The Government of Equatorial Guinea does not fully complywith the minimum standards for the elimination of traffickingand is not making significant efforts to do so. Over the reportingperiod, the government neither identified a single victim ofhuman trafficking nor made any efforts to provide victimsof trafficking with protective services, despite the mandateto do so in its 2004 anti-trafficking law. If the governmenthad recognized a child victim of human trafficking it couldpossibly refer the child to a church-run orphanage and providea scholarship for the child’s care. The government routinelydeported illegal immigrants without attempting to determinewhether they were victims of trafficking or referring themto assistance services, and rarely notified embassies thattheir nationals had been detained. Prevention efforts wereextremely limited; the government did not undertake anypublic awareness campaigns and its interagency commissionon human trafficking took no action. The government’sresponse to human trafficking has been negligible, particularlygiven its substantial financial resources.Recommendations for Equatorial Guinea: Increase theuse of the 2004 anti-trafficking law to prosecute and convicttrafficking offenders and complicit officials; develop formalprocedures to identify trafficking victims among child laborers,illegal immigrants, and women and girls in prostitution;dedicate funding for the sheltering and protection of traffickingvictims and develop a formal system to refer victims to suchcare; train law enforcement officials, immigration officials,and social workers in the use of identification and referralprocedures; cease summary deportation of foreign men,women and children from Equatoguinean territory withoutfirst screening for trafficking and, if appropriate, providingthem with care and safe, voluntary repatriation; notifyembassies when their nationals have been detained; researchthe extent and nature of the problem of human traffickingwithin the country; and launch a nationwide anti-traffickingpublic awareness campaign.ProsecutionThe Government of Equatorial Guinea demonstrated minimalanti-trafficking law enforcement efforts during the reportingperiod. The 2004 Law on the Smuggling of Migrants andTrafficking in Persons prohibits all forms of traffickingand prescribes penalties of 10 to 15 years’ imprisonment,punishments which are sufficiently stringent. Despite havinga law in place and reports of child trafficking, the governmentinitiated no investigations or prosecutions of suspectedtrafficking offenses. Foreign embassies reported the resolutionoutside the justice system of potential trafficking casesinvolving their nationals; Ministry of Justice officials confirmedthat this practice inhibits their ability to prosecute offenders.The Ministry of National Security reported conducting atraining session on methods for identifying victims of humantrafficking for police officers at the airport, border patrolagents, and chiefs of inspections. This training was fundedby the Government of Equatorial Guinea.ProtectionThe Government of Equatorial Guinea failed to demonstrateeffective measures to protect trafficking victims during thereporting period. It did not identify or refer any victims toprotective services in 2011. Although the 2004 anti-traffickinglaw mandates the government’s provision of legal assistance,psychological and medical care, counseling, lodging, food,access to education, training, and employment opportunitiesto trafficking victims, the government failed to provideany of these protective services during the year. Care forpossible Equatoguinean child trafficking victims continuedto be provided by church-run orphanages with scholarshipsprovided by the Equatoguinean government; foreign childrencontinued to be deported summarily. There were no sheltersor other types of protective services in Equatorial Guineafor adult trafficking victims. Law enforcement authoritiesdid not employ procedures to identify victims of traffickingproactively and did not make efforts – in either a systematic oran ad hoc way – to refer victims to organizations that provideshort- or long-term care, although the Ministry of NationalSecurity claimed it had procedures in place to screen illegalimmigrants detained at the border to determine if they werevictims of human trafficking. The absence of a proactive victimidentification process, including procedures for screeningdeportees, impaired the government’s ability to provide careor assistance to foreign trafficking victims. The governmentcontinued to penalize victims for unlawful acts committed asa direct result of their trafficking; it detained foreign nationals,including potential trafficking victims, at police stationsfor periods of several days to several months, and seldomnotified their embassies of their detention or deportation. Theoverwhelming majority of those detained were young men,though children and women were also sometimes detained anddeported. The government did not provide foreign traffickingvictims with temporary or permanent resident status, or anyother legal alternatives to their removal to countries where theymight face retribution or hardship. Officials did not appear tofine or prosecute detainees, but sometimes confiscated theirpossessions and money.PreventionThe Government of Equatorial Guinea decreased its effortsto prevent trafficking during the reporting period. It did notlaunch any anti-trafficking informational or educationalcampaigns for the general public. The effectiveness of theInteragency Commission for Trafficking in Persons, directedby the Prime Minister’s Office and chaired by the Ministry ofJustice, remained limited, and it did not convene or produceany results during the year. The national action plan, producedfollowing passage of the 2004 law, has not been implementedand is out of date. In February 2010, the government consultedwith UNICEF and UNDP to revise this plan to include an initialstudy on the extent of child trafficking and establishmentof a pilot shelter in Malabo, but it has still not finalizedor implemented the plan. The Government of EquatorialGuinea worked with UNDP to revise and implement a newanti-trafficking plan as part of a wider human rights strategyfor 2012. During the reporting period, the government madesignificant improvements in the residency cards it issues toforeigners to include biometric and holographic security
ERITREA151features, which were not present in previous residency cards.In 2011, the Ministry of Labor conducted numerous workplaceinspections to verify adherence to labor laws in regard topay, benefits, and working conditions; when violations werefound, the government required some employers to correctthe problem, pay fines, or pay reparations to the employees.The Government of Equatorial Guinea did not participate inor implement any programs to address forced child labor, anddid not identify a single child labor victim despite having 100labor inspectors dedicated to documenting labor infractions.It did not undertake any discernible measures to reduce thedemand for commercial sex acts during the year.ERITREA (Tier 3)Eritrea is a source country for men, women, and childrensubjected forced labor and, to a lesser extent, sex trafficking.During the reporting period, forced labor occurred in Eritrea,particularly due to the country’s national service program.Under the Proclamation of National Service (No. 82/1995),men aged 18 to 54 and women aged 18 to 47 are required toprovide 18 months of military and non-military service inany location or capacity chosen by the government. Somenational service conscripts, however, are required to continuetheir service indefinitely, beyond the duration specified by law,with many required to serve in their positions for more than 10years under the threat of inhuman treatment, including harshworking conditions, torture, or punishment of their families.There continue to be reports that some Eritrean conscriptsare forced to build private homes for army officers, as wellas to perform agricultural labor on farms and constructionactivities for firms owned by the state, the ruling party, seniorarmy officers, and private investors, functions that fall outsidethe scope of the proclamation. During the reporting period,the Ministry of Education continued Mahtot, a nationalprogram in which schools send children to build stone terraces,maintain roads, and lay power lines. The military’s fourcommand zones reportedly use conscripted labor to undertakediversified economic activities, including trading, farming,property development, and infrastructure construction, forthe enrichment of the government, the ruling party, andhigh-ranking army officers. National service conscripts couldnot resign from their jobs or take new employment, receivedno promotions or salary increases, and could not leave thecountry because they were denied passports or exit visas. Somenational service members were assigned to return to theircivilian jobs while nominally kept in the military becausetheir skills were deemed critical to the functioning of thegovernment or the economy; these individuals continued toreceive only their national service salary and were requiredto forfeit to the government any money they earned aboveand beyond that salary.Eritrean children work in various economic sectors, includingdomestic service, street vending, small-scale manufacturing,and agriculture; child laborers frequently suffer abuse fromtheir employers and some may be subjected to forced labor.In addition, children may be exploited in Eritrea’s sex trade.Each year, tens of thousands of Eritrean workers migrate insearch of work, particularly to the Gulf States and Egypt, wheresome become victims of forced labor, primarily in domesticservitude. Smaller numbers of Eritrean women and girls aresubjected to sex trafficking inside the country and potentiallyin Gulf countries.Over the past decade, large numbers of Eritreans have fled thecountry to find work or escape indefinite conscription. Duringthe past three years, an estimated 2,000 to 3,000 Eritreanshave escaped to refugee camps in eastern Sudan each month;traffickers seek out vulnerable Eritreans in the camps, someof whom were extorted and tortured as they were transportedthrough the Sinai Peninsula. A significant number of fleeingEritreans encounter serious risks of being shot and killed byEritrean authorities, or forcibly repatriated to Eritrea, wherethey are at times tortured or killed by the Eritrean government.Adolescent children that attempt to leave Eritrea have beenforced into military service despite being younger than theminimum service age of 18. As part of the requirements tocomplete their senior year of high school, adolescent childrenare also sent to Sawa, Eritrea’s military academy, prior to theireighteenth birthday. Over the reporting period, there werenumerous reports of Eritrean nationals being brutalized bysmugglers operating in the Sinai; victims were often chainedtogether, whipped and beaten regularly, deprived of food,raped, and forced to do construction work at gunpoint atsmugglers’ personal homes. Eritrean refugees were concernedthat Eritrean and Sudanese officials colluded with smugglersto abduct Eritreans from Sudanese refugee camps, targetingthose refugees that voiced dissent against the government orwere prominent military figures.The Government of the State of Eritrea does not fully complywith the minimum standards for the elimination of traffickingand is not making significant efforts to do so. The Eritreangovernment does not operate with transparency and didnot publish data or statistics regarding any effort to combathuman trafficking; it did not respond to requests to provideinformation for this report.Recommendations for Eritrea: Pass and enforce acomprehensive anti-trafficking statute that includesprohibitions against forced labor; launch a campaign toincrease the general public’s awareness of human traffickingat the local, regional, and national levels; cease indefiniteconscription and the use of threats and physical punishmentfor non-compliance; cease sending children to Sawa, themilitary school; allow international NGOs to assist incombating trafficking in Eritrea; institute trafficking awarenesstraining for diplomats posted overseas; provide training toall levels of government, particularly law enforcement officials,on identifying and responding to trafficking crimes; and inpartnership with NGOs or religious entities, ensure theprovision of short-term protective services to child traffickingvictims.ProsecutionThe Government of the State of Eritrea made no knownprogress in prosecuting and punishing trafficking crimes overthe reporting period. Article 605 of the Eritrean TransitionalCriminal Code prohibits trafficking in women and youngpersons for sexual exploitation, which is punishable by
152ESTONIAup to five years’ imprisonment, or from three to 10 years’imprisonment if aggravating circumstances are present; thesepenalties are sufficiently stringent, but not commensuratewith punishments prescribed for other serious crimes, suchas rape. Article 565 prohibits enslavement and prescribespunishment of five to 20 years’ imprisonment, penaltieswhich are sufficiently stringent. Forced labor and slavery areprohibited, except where authorized by law under Article16 of the ratified, but suspended, Eritrean Constitution.Proclamation 11/199 prohibits the recruitment of childrenyounger than 18 years of age into the armed forces. Though thepenalties are sufficiently stringent, the government has neverused these statutes to prosecute cases of human trafficking. Thegovernment did not publish information on its investigationsor prosecutions, if any, of human trafficking offenses duringthe reporting period. Eritrea similarly did not report any lawenforcement efforts against official complicity in traffickingoffenses, such as the use of forced labor to build personalhomes or for other personal gain of military officers andgovernment officials. Forced labor of conscripts within thenational service continued without any government effort toabate or eliminate this practice. The government provided noknown training to its law enforcement officials on identifyingand responding to trafficking crimes.ProtectionThe government made no discernible efforts to protect victimsof trafficking during the reporting period. The governmentdid not report identifying any trafficking victims, and it hasno known facilities dedicated to trafficking victims. During2011, the government forced the few remaining internationalNGOs to leave Eritrea. It is not known whether the governmentencouraged victims’ assistance in the investigation andprosecution of trafficking crimes. The Ministry of Labor andHuman Welfare oversees the government’s trafficking portfolio,but individual cases of transnational human trafficking arereportedly handled by the Eritrean embassy in the country ofdestination; information regarding embassy efforts to assisttrafficking victims was not provided. The government reportedno efforts to train its diplomatic officials on identifyingand responding to trafficking situations involving Eritreansoverseas.PreventionThe government made no known efforts to prevent traffickingduring the reporting period. Eritrean media, all of which isstate-owned, made neither public announcements nor mediapresentations regarding human trafficking during the reportingperiod. There were no anti-trafficking public awareness orother education campaigns. Although the government doesnot publicly acknowledge human trafficking as a problem,an office exists within the Ministry of Labor to handle laborcases, including human trafficking cases; the accomplishmentsof this office during the reporting period are unknown. Thegovernment made no known efforts to reduce the demandfor commercial sex acts. Eritrea is not a party to the 2000UN TIP Protocol.ESTONIA (Tier 2)Estonia is a source, transit, and destination country for womensubjected to forced prostitution, and for men and womensubjected to conditions of forced labor. Estonian women aresubjected to sex trafficking in Finland, the Netherlands, theUnited Kingdom, Germany, Spain, France, Cyprus, Portugal,Ireland, and Italy. Estonian women, including women withmental disabilities, were forced into prostitution in Tallinn.Estonian men were reportedly subject to labor trafficking inFinland and the United Kingdom. Young Estonian womenforced into marriage abroad after promises of employmentare also vulnerable to trafficking in persons. Men and womenfrom Estonia are subjected to conditions of forced labor inSpain, Sweden, Norway, and Finland. Men and women withRussian citizenship or stateless residents of Estonia are themost vulnerable to labor trafficking. Third-country nationalswho enter Estonia on the basis of the Schengen agreementare at risk for labor trafficking within the country. Ukrainiannationals were reportedly subjected to labor exploitationwithin Estonia within the reporting period.The Government of Estonia does not fully comply with theminimum standards for the elimination of trafficking; however,it is making significant efforts to do so. In March 2012, theGovernment of Estonia took an important step forward inits anti-trafficking efforts by enacting a law criminalizingtrafficking in persons. The government collaborated closelywith NGOs on the law, which should set the groundwork forfuture efforts to prosecute trafficking offenders and protectvictims. Prior to enacting the law, the Government of Estoniapursued very few criminal trafficking cases in comparison to thenumber of victims of trafficking identified. In 2011, Estonianauthorities failed to convict any trafficking offenders under theprevious law against enslavement (Article 133). Nevertheless,the government funded trafficking victim care through NGOs,which reported a strong and supportive relationship with theMinistry of Social Affairs. The government also funded anactive anti-trafficking hotline to educate vulnerable individualsabout trafficking and to refer them to care.Recommendations for Estonia: Implement the new anti-trafficking statute vigorously; using the new trafficking statute,increase efforts to investigate, prosecute, convict, and punishtrafficking offenders; increase efforts to investigate laborrecruiters as potential trafficking offenders; broaden theauthority of the labor inspectorate to investigate humantrafficking and energize labor inspectors to address traffickingin persons; increase government efforts to proactively identifyvictims of trafficking; strengthen anti-trafficking training toinclude adding a distinct section on human trafficking to thecurriculum of the Public Service Academy and otherprofessional development programs for law enforcementpersonnel, and encourage a diverse range of governmentofficials to engage in the trafficking victim identificationprocess; ensure that potential trafficking victims are fullyinformed of their rights upon identification, including theright to apply for a residency permit; encourage more victimsto assist in the prosecution of trafficking offenders byconsistently funding legal counsel for victims; considerincorporating NGOs into law enforcement interviews; increase
ETHIOPIA153victim protections during trial; increase the number ofrepatriated Estonian trafficking victims assisted; considercoordinating trafficking victim services with the Ministry ofForeign Affairs to ensure that repatriated victims are fullyaware of available victim services; fully implement thetrafficking-specific policy objectives in the Development Planfor Reducing Violence for Years 2010-2014; collect lawenforcement data and victim protection data on trafficking;and publish an annual report on trafficking.ProsecutionThe Government of Estonia improved its law enforcementefforts during the reporting period by enacting legislationthat prohibits all forms of trafficking in persons. In March2012, the Estonian parliament passed an anti-trafficking lawthat amended Article 133. The penalties trafficking offensesnow range up to 15 years’ imprisonment, penalties that aresufficiently stringent and commensurate with penaltiesprescribed for other serious crimes, such as forcible sexualassault. During the reporting period, Estonian authoritiesconducted three new investigations and prosecuted onetrafficking offender under the existing Article 133, comparedwith approximately three investigations and three prosecutionsunder this statute in 2010. The Estonian police also investigateda high profile sex trafficking case under a non-traffickingstatute in February 2012. Estonian authorities did not convictany trafficking offenders under Article 133, compared withthree convictions in 2010. Many trafficking cases wereclosed in the pre-trial investigation stage. A study on labortrafficking concluded that awareness of trafficking remainedlow among law enforcement officials. Prosecutors allegedlylacked experience trying trafficking cases and had difficultyconstructing trafficking cases because of victims’ unwillingnessto testify given uncertainties in the victim protection scheme.The government did not report conducting any specializedanti-trafficking trainings for law enforcement officials duringthe reporting period. Law enforcement officials did have accessto a government-produced trafficking victim identificationguide in Estonian and Russian. The government had nospecialized law enforcement unit for trafficking. Estonianlaw enforcement authorities collaborated on traffickinginvestigations with foreign counterparts, including authoritiesin the Netherlands, Finland, Sweden, Germany, Norway,Cyprus, and Luxembourg. The Estonian government did notreport the investigation, prosecution, or conviction of anygovernment employees complicit in trafficking during thereporting period.ProtectionThe Government of Estonia modestly improved victimprotection efforts during the reporting period, mainly byincreasing its funding of victim services. Nevertheless, victimidentification remained low. Government-funded NGOsassisted 56 victims of trafficking in 2011; 57 traffickingvictims were assisted in 2010. Of the 56 victims, 39 werewomen and 17 were men; 37 were sex trafficking victims,and 19 were labor trafficking victims. The government didnot record the number of victims it directly identified; oneNGO reported that two of the 29 trafficking victims it caredfor were referred by law enforcement during the reportingperiod. NGOs reported that the law enforcement authoritiesstruggled with victim identification and that the governmentfocused disproportionately on victim identification for sextrafficking rather than labor trafficking. According to astudy, the institutions with access to workplaces vulnerableto labor trafficking, such as the labor inspectorate, lackedthe jurisdiction and interest to investigate suspected labortrafficking offenses. In total, the government allocated theequivalent of approximately $158,000 for victim assistanceduring the reporting period, an increase from $142,630 in2010. During 2011, as in 2010, no victims participated in theprosecution of trafficking offenders. NGOs reported thatvictims of trafficking were afraid to cooperate with the policeor testify in court, in part because of fear of reprisals. Thegovernment assisted three trafficking victims repatriated toEstonia by providing them with medical aid, shelter, financialand legal assistance; an inter-governmental organizationfunded the travel costs of the victims’ repatriation. Thegovernment claimed that no identified trafficking victims werepenalized for unlawful acts committed while being trafficked.Although foreign victims are eligible to apply for temporaryresidency for the duration of criminal investigations and legalproceedings in which they participate, no victims applied forsuch residency in 2011; one NGO reported that no traffickingvictim has ever applied for a trafficking temporary residencepermit since the introduction of such permits in 2007.PreventionThe government demonstrated limited prevention activitiesduring the reporting period. The government provided an NGOwith the equivalent of $42,148 to operate an anti-traffickinghotline; the hotline received an average of 50 calls a monthfrom individuals vulnerable to trafficking. In 2011, consularofficers from the Ministry of Foreign Affairs visited Estonianschools to educate middle school students on the dangers ofhuman trafficking, reaching approximately 500 students. Thegovernment also distributed trafficking related materials at anannual tourism fair and at three job fairs intended to recruitEstonian job seekers for foreign employment. The Governmentof Estonia collaborated with other Nordic and Baltic countriesin the Council of Baltic Sea States project “DEFLECT” inaddressing labor trafficking. Nevertheless, the Government ofEstonia conducted no broad-based awareness raising campaignon trafficking during the reporting period. The Ministryof Justice led the government’s anti-trafficking workinggroup, bringing together approximately 75 representativesof various government agencies who met regularly to discussanti-trafficking policy. The working group prepares an annualreport of activity. There were no special campaigns to reducethe demand for commercial sex acts, though the topic wascovered at trainings and seminars conducted by the Ministryof Social Affairs.ETHIOPIA (Tier 2)Ethiopia is a source country for men, women, and childrenwho are subjected to forced labor and sex trafficking. Girlsfrom Ethiopia’s rural areas are exploited in domestic servitudeand, less frequently, prostitution within the country, whileboys are subjected to forced labor in traditional weaving,herding, guarding, and street vending. Brokers, tour operators,and hotel owners in the Southern Nations, Nationalities,and Peoples Region (SNNPR) facilitate child prostitution fortourists. Ethiopian girls are forced into domestic servitudeand prostitution outside of Ethiopia, primarily in Djiboutiand South Sudan – particularly in Juba, Bor, and Bentiu –while Ethiopian boys are subjected to forced labor in Djibouti
154ETHIOPIAas shop assistants, errand boys, domestic workers, thieves,and street beggars. Young women, most with only primaryeducation, are subjected to domestic servitude throughoutthe Middle East, as well as in Sudan and South Sudan, andmany transit through Djibouti, Egypt, Somalia, Sudan, orYemen as they emigrate seeking work. Some women becomestranded and exploited in these transit countries, unable toreach their intended destinations. Many Ethiopian womenworking in domestic service in the Middle East face severeabuses, including physical and sexual assault, denial of salary,sleep deprivation, withholding of passports, confinement,and murder. Many are also driven to despair and experiencepsychological problems, with some committing suicide.Although the Ministry of Labor and Social Affairs (MOLSA)reported a fourfold increase – from 20,000 to 80,000 – inapplications to work overseas in 2011, it estimated that thisrepresents only 30 to 40 percent of Ethiopians migratingto the Middle East; 60 to 70 percent of labor migration isfacilitated by illegal brokers, increasing migrants’ vulnerabilityto forced labor. Ethiopian women are also exploited in thesex trade after migrating for labor purposes – particularly inbrothels, mining camps, and near oil fields in Sudan and SouthSudan – or after fleeing abusive employers in the Middle East.Low-skilled Ethiopian men migrate to Saudi Arabia, the GulfStates, and other African nations, where some are subjectedto forced labor. In 2011, Ethiopian victims of sex and labortrafficking were also identified in the United States, the UnitedKingdom, and Ecuador.The Government of Ethiopia does not fully comply with theminimum standards for the elimination of trafficking; however,it is making significant efforts to do so. Although the FederalHigh Court convicted an increased number of transnationallabor traffickers, the government’s continued failure toinvestigate and prosecute internal labor or sex traffickingcrimes, to compile data on such efforts from local jurisdictions,and to utilize the criminal code’s trafficking-specific provisionsremained a concern. The government’s provision of assistanceto trafficking victims remained stymied by its reticence topartner with NGO service providers actively and consistently.The limited and inconsistent assistance provided to traffickingvictims by Ethiopian diplomatic missions in the Middle Eastwas inadequate compared to the scale of the problem; theparliament did not allocate funds for the establishment oflabor attaché positions in these missions.PRecommendations for Ethiopia: Strengthen criminal codepenalties for sex trafficking, and amend Criminal Code Articles597 and 635 to include a clear definition of human traffickingand explicit coverage for male victims and to enhance penaltiesto make them commensurate with other serious crimes;continue to improve the investigative capacity of police andenhance judicial understanding of trafficking throughout thecountry to allow for more prosecutions of internal childtrafficking offenses; increase the use of Articles 596, 597, and635 to prosecute cases of labor and sex trafficking; appropriatefunding for the deployment of labor attachés to overseasdiplomatic missions; institute regular trafficking awarenesstraining for diplomats posted overseas, as well as labor officialswho validate employment contracts, regulate employmentagencies, or provide pre-departure training to migrant workers;engage Middle Eastern governments on improving protectionsfor Ethiopian workers; partner with local NGOs to increasethe level of services available to trafficking victims returningfrom overseas, including by allocating funding to enable thecontinuous operation of either a government or NGO-runshelter; improve the productivity of the National Anti-Trafficking Task Force; and launch a campaign to increaseawareness of internal trafficking at the local and regionallevels.ProsecutionAlthough the government convicted and punished an increasednumber of transnational trafficking offenders during thereporting period, it failed to utilize the trafficking-specificarticles of its criminal code to deal with these crimes anddid not provide information on its efforts to address internaltrafficking cases. Regional law enforcement entities throughoutthe country continued to exhibit an inability to distinguishhuman trafficking properly from human smuggling crimes andlacked capacity to properly investigate and document cases, aswell as to collect and organize relevant data. Ethiopia’s criminalcode criminalizes sex trafficking in Article 635 (Traffickingin Women and Minors) and prescribes punishments notexceeding five years’ imprisonment, penalties which aresufficiently stringent, though not commensurate with penaltiesprescribed for other serious crimes, such as rape. Article636, which outlines aggravating factors, prescribes penaltiesof three to 10 years’ imprisonment if the victim is a minoror the offender uses force, fraud, or coercion. Articles 596(Enslavement) and 597 (Trafficking in Women and Children)outlaw slavery and labor trafficking and prescribe punishmentsof five to 20 years’ rigorous imprisonment, penalties whichare sufficiently stringent. Articles 597 and 635, however,lack a clear definition of human trafficking and have rarelybeen used to prosecute trafficking offenses; instead, Articles598 (Unlawful Sending of Ethiopians to Work Abroad) and571 (Endangering the Life of Another) are regularly usedto prosecute cases of transnational labor trafficking. Thesestatutes prescribe penalties of five to 20 years’ and threemonths’ to three years’ imprisonment, respectively. Thecontinued lack of a legal definition of human traffickingimpeded the Ethiopian Federal Police (EFP) and Ministry ofJustice’s (MOJ) ability to investigate and prosecute traffickingcases effectively. Despite recent improvements in overall lawenforcement capacity, Ethiopian police remained unable torespond adequately to the high rate of incidence of humantrafficking in the country.The EFP continued to make progress in investigatingtransnational labor trafficking cases, as well as cooperatingwith the Federal Prosecutor’s Office to bring an increasednumber of cases to trial and conclusion. The EFP’s HumanTrafficking and Narcotics Section, located within the OrganizedCrime Investigation Unit, investigated 136 suspected cases oftransnational labor trafficking during the reporting period; atyear’s end, 13 cases remained under investigation, 38 had beeninitiated as prosecutions in the court (compared to 33 in 2010),and eight were dropped due to lack of evidence. The FederalHigh Court’s 11th Criminal Bench secured 77 convictions(compared to 71 in 2010) under Articles 598 and 571 andordered punishments ranging from one year’s to 12 years’
ETHIOPIA155imprisonment, with no suspended sentences. In contrast to theprevious reporting period, the government did not prosecuteany sex trafficking offenses last year. Local law enforcementbodies, including regional governments, had responsibilityfor investigating and prosecuting internal trafficking casesand there was minimal liaison between federal and locallaw enforcement entities on data collection and informationsharing. Regional police in the SNNPR arrested six suspectedtrafficking offenders in the vicinity of Arba Minch in 2011and local judicial officials prosecuted and convicted all sixunder the criminal law, imposing sentences of one year’simprisonment for each trafficker. The government did notprovide any trafficking-specific training to its law enforcementofficials in 2011. The government did not report taking lawenforcement action against any public officials complicit inhuman trafficking.ProtectionThe government provided limited assistance to traffickingvictims during the reporting period, continuing to relyon the services of international organizations and NGOsalmost exclusively. The January 2009 Charities and SocietiesProclamation prohibits charities, societies, and associationsthat receive more than 10 percent of their funding fromforeign sources from engaging in activities that promote,among other things, human rights, the rights of childrenand persons with disabilities, and justice. These restrictionscontinued to have a negative impact on the ability of someNGOs to adequately provide a full range of protective servicesduring the reporting period, including assistance to victimsin filing cases against their traffickers with appropriateauthorities. As a result of the proclamation, the joint police-NGO identification and referral units ceased operation in allAddis Ababa police stations in 2010. In contrast to what waspreviously a systematic identification and referral process,police and district officials in the capital region referred anunknown number of child trafficking victims to NGO sheltersand government orphanages in an ad hoc fashion during 2011.Local police and officials in the regional administrationscontinued to identify trafficked children and assist in thereturn of these victims to their home areas. For example, policeand civil society organizations in Arba Minch and GamoGofa jointly rescued and reunited 345 trafficked childrenwith their families. Healthcare and other social services aregenerally provided to victims of trafficking by government-operated hospitals in the same manner as they are providedto other victims of abuse. The government’s over-reliance onNGOs to provide direct assistance to most trafficking victimsresulted in unpredictable availability of adequate care in thecountry. Many of these facilities lacked sustainability as theydepended on project-based funding for continued operation.While police strongly encouraged victims’ participation ininvestigations and prosecutions and victims testified duringsome court proceedings, resource constraints prevented lawenforcement authorities from covering travel costs or providingother material resources to enable such testimony in themajority of cases. There were no reports of trafficking victimsbeing detained, jailed, or prosecuted in 2011.Limited consular services provided to Ethiopian workersabroad continued to be a weakness in government efforts.The Ethiopian consulate in Beirut reportedly providedassistance with mediation between domestic workers andtheir employers, issuance of new travel documents, visitationof workers held in a detention center, law enforcement andimmigration proceedings, and referrals to NGOs in Lebanon.It also continued operation of a small safe house that providedshelter to trafficked women in 2011, but did not make availableinformation regarding the shelter’s capacity or services. InMarch 2012, Ethiopia’s consulate in Beirut filed a lawsuitagainst a Lebanese employment agent accused of beating anEthiopian domestic worker in front of the consulate. Specificinformation regarding the victim services provided by theEthiopian missions in Kuwait, Saudi Arabia, and Yemen wasnot made available. The Ministry of Foreign Affairs (MFA)reported that 6,500 stranded or detained Ethiopian migrantsreturned from abroad in 2011, but did not maintain records asto how many were victimized by trafficking or directly assistedby its overseas missions. Although the Employment ExchangeServices Proclamation No. 632/2009, which governs the workof approximately 200 licensed labor recruitment agencies,requires licensed employment agencies to place funds inescrow to provide assistance in the event a worker’s contractis broken, the MFA has never used these deposits to pay forvictims’ transportation back to Ethiopia. Furthermore, whilethe proclamation mandates the establishment of labor attachépositions in diplomatic missions abroad, the parliament didnot appropriate funds for MOLSA to establish these positions.During 2011, airport authorities and immigration officials atBole International Airport in Addis Ababa routinely referredfemale victims returning from the Middle East to a local NGOconsortium that provided shelter and services for traffickingvictims, though such referrals were made only at the behestof self-identified victims of trafficking and not always in atimely fashion.In 2011, Ethiopia granted asylum to more than 10,000 Eritreanrefugees, including an increasing number of unaccompaniedchildren, who allegedly fled Eritrea to escape situations of forcedlabor associated with the implementation of the country’snational service program or were deported from Egypt afterbeing brutalized by smugglers in the Sinai, including underconditions of forced construction or domestic labor.PreventionThe government sustained its efforts to prevent humantrafficking during the reporting period. Working-level officialsfrom federal ministries and agencies met weekly as part of anewly formed Technical Working Group on Trafficking, whichidentified patterns and tactics of traffickers and selected sourceregions for targeted public awareness campaigns. The Inter-Ministerial Task Force on Trafficking, which in previous yearsfailed to meet or produce tangible results, built on momentumcreated by the technical working group and convened its firstmeeting in January 2012 to review MOLSA-drafted bylawsintended to guide its work; the bylaws await approval by theprime minister. Its draft national anti-trafficking action plan,however, remained pending with the Council of Ministers fora second year. In June 2011, MOLSA, with other stakeholders,organized an event at Chencha Woreda (Gamo Gofa Zone) – amajor source area for child trafficking – to campaign againstchild trafficking and identify and assist potentially traffickedchildren at bus stations during times of peak labor migrationto the capital. During the year, a six-woreda (district) steeringcommittee in SNNPR partnered with the Bureau of Educationand the regional school system to raise awareness of humantrafficking among school students and provide protectiveservices. Every kebele (local administration) in these six woredas,as well as the woredas themselves, have local anti-traffickingbylaws, which were stringently enforced, with fines collected
156FIJIfrom parents caught sending their children away to work andthe funds collected through these fines used to support socialservices for children in the kebeles. During the year, the SNNPRgovernment provided free radio time to a local NGO to airanti-trafficking outreach programming. The SNNPR Tourismand Culture Bureau did not take action to implement orenforce its 2009 tourism code of conduct that bans facilitatingor participating in sex tourism by tour operators or tourists.The country’s primary school textbooks included instructionon prevention of child labor and trafficking.Due to the systemic abuses of its nationals in the Middle East,the government continued to bar employment agencies fromsending Ethiopian domestic workers to any Middle Easterncountry except Kuwait, the United Arab Emirates, or SaudiArabia. During the reporting period, however, it showed onlynascent signs of engaging destination country governmentsin an effort to improve protections for Ethiopian workers. InDecember 2011, the government attempted to negotiate abilateral labor agreement with the Government of Saudi Arabiathat reportedly included provisions to prevent forced labor.In 2011, MOLSA reviewed and approved 80,000 contracts foroverseas employment, predominantly of domestic workers,a fourfold increase from 2010. It provided a day-long pre-departure orientation session to all workers migrating throughthis process, which consisted of modules on understandingemployment contracts, Middle Eastern culture, health, andfinancial management. As a result of joint EFP-MOLSAinvestigations to enforce Proclamation No. 632/2009, thegovernment revoked three private employment agencies’licenses and suspended the operations of four agencies.MOLSA’s inspection unit – comprised of 130 inspectors –lacked sufficient capacity or resources to enforce labor laws andstandards routinely, particularly in rural areas; it removed nochildren from harmful labor situations in 2011. The nationalgovernment provided official support, including money andstaffing, for some NGO efforts to uproot child labor. One localNGO reported receiving a limited amount of material andlogistical support from the Addis Ababa municipal governmentin 2011, including police protection during unannouncedvisits to homes where they had reason to believe childrenwere subjected to domestic servitude. A second local NGOspearheaded efforts – in partnership with child protectionofficers, labor inspectors, police, and local community leaders– to identify and reintegrate child laborers in Addis Ababaand Adama into schools. Ethiopia is not a party to the 2000UN TIP Protocol.FIJI (Tier 2)Fiji is a source country for children subjected to internal sextrafficking and forced labor, and a destination country forforeign men and women subjected to forced labor and forcedprostitution. Fiji’s role as a regional transportation hub makesit a potential transit area for human trafficking. Victims inFiji are allegedly exploited in illegal brothels, local hotels,private homes, and other rural and urban locations. Victimsprimarily are recruited in their home countries or deceptivelyrecruited while visiting Fiji. Family members, other Fijiancitizens, foreign tourists, and sailors on foreign fishing vesselshave been alleged to participate in the prostitution of Fijianchildren. Fiji’s liberal visa requirements allow many foreignnationals to travel to Fiji without first acquiring a valid visa.Some Fijian children are at risk of human trafficking if theirfamilies follow a traditional practice of sending them to livewith relatives or families in larger cities or close proximity toschools. These children may be subjected to domestic servitudeor may be coerced to engage in sexual activity in exchangefor food, clothing, shelter, or school fees.The Government of Fiji does not fully comply with theminimum standards for the elimination of trafficking; however,it is making significant efforts to do so. Over the past year, theFijian government demonstrated greater efforts to acknowledgepublicly and address human trafficking, particularlythrough increased law enforcement trainings, governmentalinvolvement in public awareness campaigns, and expandedvictim protection services. Despite its limited resources, theFijian government provided a range of victim protectionservices throughout the reporting period. Nevertheless, thegovernment made insufficient progress in combating theserious problem of sex trafficking, including of children,within the country. Authorities did not widely implementformal procedures to proactively identify victims of traffickingamong vulnerable populations during the year.Recommendations for Fiji: Continue efforts to identify,prosecute, convict, and sentence trafficking offenders underthe provisions of the Crimes Decree; increase anti-traffickingcooperation between the Department of Immigration, thepolice Human Trafficking Unit, the police TransnationalCrimes Unit, and other relevant government bodies; institutemore trainings for law enforcement and immigration officerson victim identification and protection; continue efforts tofinalize the database on child labor statistics and increaseefforts to identify, protect, and assist child trafficking victims;develop and strengthen formal procedures to proactivelyidentify victims of trafficking, especially among vulnerablegroups, such as migrant workers, those allegedly involved inprostitution, and children exploited by local citizens; enhanceefforts to provide access to legal, medical, and psychologicalassistance to victims of trafficking; make efforts to allowidentified trafficking victims to work and earn income whileassisting with investigations; develop a specialized care unitfor identified victims of trafficking; and disseminate moreanti-trafficking awareness campaigns directed at clients ofchild prostitution, commercial sex, and sex tourism.ProsecutionThe Government of Fiji increased its anti-trafficking lawenforcement efforts during the reporting period. Thegovernment’s 2009 Crimes Decree includes comprehensiveanti-trafficking provisions for both domestic and internationalcases. The prescribed penalties of up to 25 years’ imprisonment,and possible fines of up to $400,000, are sufficiently stringentand commensurate with penalties prescribed for other seriouscrimes, such as rape. In July 2010, the government establisheda dedicated anti-trafficking police unit, which it staffed duringthe reporting period with four permanent detectives dedicated
FINLAND157exclusively to human trafficking. The unit works closely withthe Department of Immigration, which heads the government’sinteragency task force on human trafficking, and the policeTransnational Crime Unit. As a result, the governmentinvestigated 11 cases, of which two were prosecuted duringthe current reporting period – a significant increase from thelack of any cases prosecuted during the previous year. Duringthe current reporting year, the government funded the PoliceHuman Trafficking Unit’s training workshops to train thepolice personnel at many police stations on how to detectand investigate human trafficking related cases. The Fijiangovernment did not report any investigations, prosecutions,convictions, or sentences of public officials or of peacekeeperscomplicit in human trafficking.ProtectionThe Government of Fiji made modest efforts to identifyand protect trafficking victims during the reporting period.Victim identification efforts were sustained, as four adultforeign national victims of forced labor and debt bondagewere identified, in addition to one minor domestic victimof sexual exploitation. During the current reporting period,the government provided four Chinese victims with care andcoordination in their repatriation. Authorities also providedone underage victim with medical and psychological care,accommodation, and security. The government continuesto rely on NGOs and international organizations to supplylong-term care facilities and specialized services for traffickingvictims. The Fijian government did not penalize traffickingvictims for unlawful acts they may have committed whilebeing trafficked. Nevertheless, the government did not offerany trafficking victim long-term shelter or rehabilitation,permanent residency status, or proactively pursue financialrestitution for victims before criminal trials were completed.The government has a policy of not punishing traffickingvictims detained by police, but rather referring them to theanti-trafficking unit for assistance; however, there was nofirm evidence of this policy’s wide implementation. Whileauthorities sustained efforts to identify and prosecutetrafficking cases, victim screening and identification effortswere minimal. During the year, the Immigration Departmentand the Police Human Trafficking Unit developed guidelinesfor identifying potential trafficking victims, and standardoperating procedures related to victim identification wereput in place with immigration agents at borders. Budgetaryallotments were not specifically allocated for trafficking-related cases. The government did not develop or utilize formalprocedures to proactively identify victims of trafficking amongvulnerable populations with which they come in contact,such as women and girls in prostitution, illegal brothels inoperation, and child labor situations.PreventionFijian authorities increased efforts to raise public awarenessabout human trafficking. The government worked with themedia to provide press releases on its anti-trafficking efforts,and the Police Human Trafficking Unit’s two public awarenesscampaigns reached approximately 1,500 people. In addition,the police conducted outreach on trafficking issues at the PoliceAwareness Centre during the annual Hibiscus Festival, throughwhich approximately 20,000 Fijians were reached during thisannual celebration in Suva. The government also sustaineda partnership with an NGO to raise awareness, througha poster campaign, at police stations, airports, and otherlocations. However, the government did not make efforts toreduce specifically the demand for commercial sex. The Fijiangovernment provided anti-trafficking training as a componentof human rights training to military personnel prior to theirdeployment abroad on international peacekeeping missions.Fiji is not a party to the 2000 UN TIP Protocol.FINLAND (Tier 1)Finland is a source, transit, destination, and limited sourcecountry for women and girls subjected to sex trafficking,and for men and women subjected to conditions of forcedlabor. Female sex trafficking victims originate in Russia,Estonia, Latvia, Lithuania, Bulgaria, the Caucasus, and Asia,and the Caribbean. Sex trafficking victims were sometimesforced into prostitution through debt, threats of violence, orvoodoo. Forced labor victims come from a variety of countriesincluding India, China, Thailand, Pakistan, Bangladesh, Latvia,Lithuania, and Estonia, and are exploited in the constructionindustry, restaurants, agriculture, in berry picking fields, andas cleaners and domestic servants. There were reports thatmigrants who have voluntarily traveled to Finland are coercedto work long hours for minimal wages through threats ofviolence, deportation, and other means of control; some areforced to sleep at work sites and to surrender their passports.Finnish authorities believed there are likely small numbers oftrafficked workers in most major Finnish cities. Recruitmentagencies allegedly are involved in labor trafficking cases,extracting high fees from migrant laborers. Some Finnishteenagers reportedly are exploited in prostitution.The Government of Finland fully complies with the minimumstandards for the elimination of trafficking. Concerted effortsby law enforcement officials led to a near doubling of thenumber of trafficking investigations under the traffickingstatute in 2011. Offenders convicted under the traffickingstatute received serious sentences, up to twelve years in prison.The Finnish anti-trafficking national rapporteur continuedexemplary self-critical reporting on trafficking in Finland.Although Finnish legislation allowed the granting of residencepermits to trafficking victims, in practice these permits wererarely given. The government also cared for trafficking victimsin mixed-use shelters, which put trafficking victims at risk ofbeing re-victimized.Recommendations for Finland: Continue making greateruse of the trafficking statute to investigate and prosecute cases;continue training for investigators, prosecutors, and judgeson human trafficking and the rights of trafficking victims;examine why so few residence permits have been granted totrafficking victims; encourage victims to participate in thecriminal process by consistently offering victims the benefitsof the reflection period and employing victim-witness safetyprocedures in all trafficking prosecutions; ensure that victimsof trafficking are offered appropriate housing and specialized
158FINLANDcare, taking into consideration the risks of secondary traumainherent in mixed-use shelter; consider establishment of aspecialized anti-trafficking police or prosecutorial unit;encourage officials to proactively identify potential sex andlabor trafficking victims and refer them to services to whichthey are entitled under Finnish law; examine the vulnerabilitiesposed by residence permits that are valid only for one employer;investigate labor recruitment agencies for involvement inhuman trafficking; and explore increased cooperation betweendifferent labor entities, including labor inspectors, the police,the tax authorities, and the safety and health administrations,to prevent and identify labor trafficking.ProsecutionThe Government of Finland significantly improved its anti-trafficking law enforcement activities over the previous year,nearly doubling its investigations under the trafficking statuteand awarding serious sentences. Law 1889-39 of the Finnishpenal code prohibits all forms of trafficking and prescribes upto 10 years’ imprisonment for convicted offenders, penaltiessufficiently stringent and commensurate with penaltiesprescribed for other serious crimes, such as rape. Other non-trafficking criminal statutes which prescribe lower penalties,such as pandering, continued to be used frequently to prosecutesex trafficking offenders. In 2011, the Government of Finlandreported initiating 21 trafficking investigations under thetrafficking statute, including seven sex trafficking investigationsand 14 labor trafficking investigations. This was a significantincrease from 2010, when the government investigated 11trafficking investigations under the trafficking statute. Thepolice reported that the increase in investigations derivedfrom an improvement in anti-trafficking law enforcementefforts rather than an increase in crime. The governmentalso claimed that it investigated several trafficking offensesunder non-trafficking statutes such as pandering and usury.The government prosecuted at least seven alleged traffickingoffenders under a variety of statutes. In 2011, Finish courtsconvicted two trafficking offenders under the trafficking statute,and sentenced one of them to two and half years’ and the otherto twelve and a half years’ imprisonment; the governmentconvicted no offenders under the trafficking statute in 2010.In trafficking cases charged under an aggravated panderingstatute, courts sentenced convicted offenders to sentencesranging from a suspended one year in jail to three years’ andfive months’ imprisonment. In 2010, sentences averaged threeyears in prison. Police and investigators often investigatedpotential sex trafficking cases as pandering offenders becausepandering was easier to prove and because of possible biasagainst women in prostitution. In cases not investigatedand prosecuted as trafficking cases, victims did not have thesame rights and benefits during investigations. The Finishnational rapporteur concluded that trafficking victims inlabor cases were more readily identified as trafficking victimsthan were sex trafficking victims. The Finnish governmentprovided several anti-trafficking trainings for police, borderguards and prosecutions to enhance victim identification andprosecutions. Law enforcement authorities collaborated withother governments on trafficking investigations. The Finnishgovernment did not report the investigation, prosecution,or conviction of any government employees complicit intrafficking in persons.ProtectionThe government sustained its protection efforts in 2011,although there were continuing reports that problems withvictim identification resulted in victims being deported.The government fully funded victim protection efforts fortrafficking victims, whether Finnish or foreign. The governmentprovided both direct care and funding for appropriate third-party care for trafficking victims through two asylum receptioncenters that offer shelter, psychological assistance, medicalcare, and other services to identified victims of trafficking.The staff of these reception centers was also empowered toidentify and authorize care for trafficking victims, even whenlaw enforcement authorities did not identify a person as atrafficking victim. However, both international organizationsand the Finnish national rapporteur claimed that the mixedpopulation and lack of specialized care in reception centersposed risks for the re-victimization of some trafficking victims,particularly victims of sex trafficking. In 2011, the governmentasylum reception centers reported that they spent $1,535,738on the care of trafficking victims and for the operating expenses.Officials identified 41 victims during the reporting period, incontrast to 52 victims identified in 2010. In total, 68 potentialtrafficking victims asked for assistance in 2011.Finnish police and border guards employed writtentrafficking identification guidelines developed by theFinnish Immigration Service. These guidelines included avictim-centered protocol for law enforcement interviews.Nevertheless, government reports concluded that officialsmore readily identified asylum seekers as victims of traffickingthan other potential trafficking victims, but that identifyingtrafficking victims has not taken root in the work of manyauthorities. The government encouraged victims to assist inthe investigation and prosecution of trafficking offenders.During the reporting period, approximately ten victimsparticipated in the prosecutions of offenders, with somecourt cases including multiple victims. Finnish law allowedidentified trafficking victims a six-month reflection period,during which they could receive immediate care and assistancewhile considering whether to assist law enforcement. Therapporteur indicated, however, that the reflection period wasnot provided consistently. This year no victims received it. Thegovernment offered an extended residence permit for victimsof trafficking wishing to stay longer than six months, and twotrafficking victims received such extended permits during thereporting period. In practice, Finland’s immigration service hasonly issued residence permits to the victims after the traffickingoffenders have been convicted. Victims of trafficking who arewaiting for their residence permit were unable to work legallyand may have been vulnerable to trafficking. Although thegovernment made efforts to ensure that identified victimswere not penalized for unlawful acts committed as a directresult of being trafficked, the rapporteur reported that somepotential trafficking victims were deported without attemptsmade to identify possible trafficking indicators.PreventionThe government improved its anti-trafficking preventionactivities in 2011, particularly through the continued strongreporting and awareness raising activities undertaken bythe rapporteur. The government organized many of itsanti-trafficking activities through its interagency NationalSteering Group. The national anti-trafficking rapporteur,an independent entity within the government, continued
FRANCE159her analysis of the government’s anti-trafficking efforts andadvocated for specific changes through its public report;her office encouraged self-critical policy examination andpositive momentum in the government’s anti-traffickingpolicy. The Government of Finland does not have a nationalcoordinator; in this absence, the national rapporteur performsmany of the coordinator functions. The rapporteur’s officealso arranged a week-long anti-trafficking awareness raisingcampaign in October, including street signs at bus stops,radio, and newspaper articles. To prevent child sex tourismby Finnish citizens traveling abroad, the government alsodistributed brochures at a travel show to thousands of potentialtravelers, highlighting the harm child sex tourism causes tochildren. The government continued to provide assistance toother governments for counter-trafficking programs and to aregional expert group on trafficking. The Finnish governmentcollaborated with Finnair to train the airline’s ground staffto identify trafficking in persons. The Finnish governmentprovided anti-trafficking training to Finnish forces priorto their deployment abroad on international peacekeepingmissions.FRANCE (Tier 1)France is a destination and transit country for men, women,and children from Eastern Europe, West Africa, and Asia, aswell as the Caribbean and Brazil, subjected to sex traffickingand forced labor. France is also a limited source countryfor French citizens subjected to forced labor and forcedprostitution. Sex trafficking networks controlled by Bulgarians,Romanians, Nigerians, and French citizens force womeninto prostitution through debt bondage, physical force, andpsychological coercion, including the invocation of voodoo.Women and children, many from Africa, South Asia, or Brazil,continued to be subjected to forced domestic service. Many ofthese cases were reportedly inter-familial, in which familiesexploited family members brought from Africa to work in theirhouseholds in France; other cases involved a small numberof diplomats. Victims in domestic servitude are often falselypromised education; when they arrive in France, they arerequired to surrender their passports and live in isolation inthe family’s household. The Government of France estimatesthat the majority of the 20,000 people in France’s commercialsex trade, about 75 percent of whom are foreigners, are likelyforced into prostitution. There are also reports that a significantnumber of children, primarily from Romania, West Africa,and North Africa, are victims of sex trafficking in France.The economic crisis in neighboring countries has led to anincrease in the number of child victims of trafficking. Thegovernment observed an increase in the number of criminalnetworks exercising violence against people in prostitution,including Chinese victims. Roma and other unaccompaniedminors in France continued to be vulnerable to forced beggingand forced theft. Some French citizens were documented tohave participated in sex tourism in foreign countries. Womenand children from Brazil and Guyana were subjected to forcedlabor and sex trafficking in the French overseas territory ofFrench Guiana.The Government of France fully complies with the minimumstandards for the elimination of trafficking. The government’snumber of criminal cases classified as trafficking rather thanas pimping, however, remained far below the estimatedoccurrence of trafficking in France. A report to parliamentconcluded that the charging of trafficking cases as pimpingimpaired international collaboration on criminal cases.Furthermore, victim protection efforts were limited by thesystem for granting residence permits to trafficking victims.According to experts, France did not administer its residencypermit system for trafficking victims in a victim-centeredmanner, instead putting the needs of criminal investigationsbefore the exigencies of victim care. Nevertheless, the Frenchgovernment funds a range of victim services through dedicatedanti-trafficking NGOs. Law enforcement authorities alsocontinued to increase the number of offenders convicted underthe trafficking statute. The government enhanced transparencythrough a broad congressional inquiry and reporting effortaimed at improving conditions for sex trafficking victims andindividuals in prostitution.Recommendations for France: Increase implementation ofFrance’s anti-trafficking statute, as directed in the Ministry ofJustice Circular of November 1, 2009; increase anti-traffickingtraining for prosecutors and judges, ensuring that emphasisis placed on increasing the use of the trafficking statute; ensurethe safety and confidentiality of trafficking victims duringthe course of investigations and trials; improve protectionsfor all unaccompanied minors in France who are potentiallyvictims of trafficking; improve implementation of proactiveidentification procedures and referral for potential traffickingvictims, including through offering more training to officialswho work in asylum; offer residency permits to all identifiedvictims; consider eliminating, reducing, or allowing waiversfor victims’ residency permit fees to encourage more victimsto apply; soften the requirement that victims of traffickingparticipate in the prosecution of trafficking offenders in orderto receive long-term benefits; ensure that victims are thoroughlyexplained their rights, including the right to a residence permitand the prosecutor’s discretion to give a residence permit inthe absence of a conviction, at the outset of any contact withthe victim; enhance collection and compilation of lawenforcement and victim assistance data, including a breakdownof types of involuntary servitude and prosecutions for forcedlabor; continue to establish a more victim-centered approachto trafficking in France, including measures to ensure victimswho denounce their traffickers are provided with adequatesafety and support; establish an independent nationalrapporteur to ensure consistent self-evaluation on anti-trafficking activities; explore methods to improve traffickingvictims’ access to restitution through the Crime VictimsCompensation Program; and report on assistance providedto identified victims of trafficking in mainland France and inFrench Guinea.ProsecutionThe Government of France made modest anti-trafficking lawenforcement efforts during the reporting period; the majorityof trafficking offenses were still charged under non-traffickingstatutes. France prohibits all forms of trafficking in personsthrough Article 225-4 of its penal code, which prescribes
160FRANCEstatutory maximum penalties of between seven years’ andlife imprisonment for trafficking offenses. These prescribedpenalties are sufficiently stringent and commensurate withthose prescribed for other serious offenses, such as rape. Thegovernment continued to implement the policy specified ina Ministry of Justice circular, urging prosecutors to chargecases under the trafficking statute more frequently, evenwhen those cases are also charged as pimping, exploitationof begging, or under labor statutes. Nevertheless, a reportbefore parliament concluded that the trafficking statuteremained under-utilized in trafficking cases. The governmenthad difficulty collecting and reporting current data on itsanti-trafficking law enforcement efforts. In 2011, Frenchlaw enforcement authorities placed 40 individuals underformal investigation for human trafficking and opened 10new trafficking cases under Article 225-4. In 2010, the mostrecent year for which comprehensive data was available, Frenchauthorities convicted approximately 19 offenders under Article225-4-2, an aggravated trafficking section, compared withconvictions in three cases in 2009. The government alsoconvicted 42 offenders for the prostitution of children in 2010,compared with 17 convictions for the prostitution of childrenin 2009. In addition, in 2010, the government convicted 24individuals for the exploitation of begging, including at leasttwo offenders for forcing individuals into begging throughviolence or constraint. Some trafficking cases may be reflectedin the 508 convictions under the aggravated anti-pimpingstatute; approximately 15 percent of the original arrests in thosecases were for trafficking-specific offenses. In 2010, traffickingoffenders were sentenced to up to 30 years’ imprisonment,though some offenders were sentenced to terms of two yearsimprisonment with serious fines. Some severe traffickingoffenders continued to receive very serious sentences; in2011, two trafficking offenders charged under non-traffickingstatutes were sentenced to terms of thirty years’ imprisonment,the highest sentence available under French law. Expertsobserved that trafficking prosecutions were difficult whencertain parts of the trafficking offense, such as recruitment,took place outside of the country, thus requiring internationalcollaboration. The parliamentary report concluded that judgeswere reserving the use of the trafficking statute for cases inwhich the offense was especially serious, but cautioned thatboth victim protection and international cooperation wasbetter in cases charged under the trafficking statute becauseforeign governments responded to requests for informationmore readily in trafficking cases, instead of pimping cases. TheCentral Office for Combating Human Trafficking served asthe specialist and coordinating unit of the police, providingguidance to anti-trafficking prosecutions throughout thecountry. The Ministry of Justice trained prosecutors andmagistrates on France’s anti-trafficking laws. The Frenchgovernment trained police and distributed pocket-sized cardsto border police and NGOs on how to identify traffickingvictims. NGOs objected that authorities did not always grantprotection to trafficking victims’ families during the courseof trial; as a consequence, some trafficking victims’ familieshave been vulnerable to retaliation by traffickers. French lawenforcement authorities collaborated with several governments,including authorities in Romania, Ukraine, Bulgaria, Nigeria,and Brazil, to investigate human trafficking cases. This year,the government investigated high profile sex trafficking casesinvolving trafficking networks from Eastern Europe, Brazil,and Nigeria. The government did not report the investigation,prosecution, conviction, or sentencing of any public officialfor complicity in trafficking in persons.ProtectionThe government sustained its victim protection efforts duringthe reporting period, although the residency permit system didnot, in practice, offer protection to the majority of traffickingvictims. The Government of France managed its anti-traffickingprotection program, named Ac-Sé, for adult trafficking victimsthrough a network of 49 NGO shelters funded, in part, bythe central government and the City of Paris. Ac-Sé assistsvulnerable adult victims of sex or labor trafficking; the programassisted over 60 victims of trafficking in 2011, providingshelter, legal, medical, and psychological services. Victims werealso given access to French language classes and could havequalified for subsidized housing and job training programs. In2010, Ac-Sé assisted approximately 50 victims. These victimsreceive the equivalent of approximately $450 as an initialstipend from the government, and approximately $150 permonth subsequently. NGOs objected that the financial stipendwas insufficient to permit victims to rehabilitate successfully.Victims had to wait an average of 40 days for access to a shelter.Other NGOs, partially funded by the central or municipalgovernments, operated shelters and emergency apartments togive care to other trafficking victims. While French authoritiesdid not report overall funding allocations to NGOs for victimsof trafficking, the central government, municipal governments,and the City of Paris provided at least the equivalent of threemillion dollars to NGOs for victim assistance in 2011.The government reported that police identified 654 traffickingvictims in 2011; French authorities identified 688 traffickingvictims in 2010. The government did not report the numberof victims it referred to care. Ac-Sé had guidelines for victimidentification. Nevertheless, reports concluded that somefirst responders, including those interacting with asylumapplicants, needed a stronger and more proactive response tovictim identification. The report observed that some traffickingvictims attempted to claim asylum with stories devised bytraffickers.Victims of trafficking were eligible for six months’ or oneyear’s temporary residency permits, provided they file aformal complaint against their exploiters and made effortsto reintegrate into French society. Victims of trafficking maywork or leave the country during trial proceedings. Thesepermits were available during the duration of the criminalprocess and automatically become permanent upon anoffender’s conviction. In cases in which offenders were notconvicted, local prefects had the discretion to grant permanentresidency cards to victims. Nevertheless, victims are oftennot informed that prosecutors have this discretion untilthey are deported. A government-funded report concludedthat these residency permits were insufficient for grantingall trafficking victims effective access to justice, particularlywhen the case was not formally classified under the traffickingstatute. The French government did not report the numberof trafficking-specific residency permits granted, but a reportto parliament concluded that very few trafficking victimsbenefitted from the residency permits and that these permitswere not always available to victims when the traffickingoffenders had already been identified. The Ministry of Justicereports that it is focusing on improving the consistent andeffective application of the temporary residency regulationsthroughout France. A limited number of trafficking victimsalso received permanent residency in cases of grave threatthrough the National Asylum Court. Trafficking victimswere eligible to receive restitution through the Crime Victims
GABON161Compensation Program; only two victims of trafficking havereceived compensation through the program since its inception.There were no reports that identified trafficking victims werepenalized for crimes committed as a direct result of theirbeing trafficked.PreventionThe government sustained its prevention efforts during thereporting period. The City of Paris, the Interior Ministry,the Justice Ministry, and NGOs launched a working groupin February 2012 to address sex trafficking, focusing onimproving victim housing and reintegration. The Frenchgovernment supported anti-trafficking projects in manycountries, including through direct funding of victim carethrough French embassies. The government, through theFrench International Technical Police Cooperation Service andFrench embassies, also funded training for foreign governmentson trafficking victim identification and prosecution. TheFrench government works closely with source countries onpreventing trafficking. In January 2012, France and Bulgariabegan a joint project to prevent trafficking in persons. TheFrench government funded programs through airlines andtourism operators describing the penalties for sex tourism. TheFrench government took criminal action against some Frenchcitizens who had engaged in sex tourism abroad. In July 2011,a Paris magistrate investigated a 65-year-old French citizen forsexual abuse of minors in the Philippines. France requestedthe extradition of a French citizen, accused of engaging in sextourism abroad, who had been convicted of similar crimesin France. All tourism students in France were obligated totake course work on preventing sex tourism. The Frenchgovernment cooperated with other EU countries to identifycommon trafficking victim identification guidelines. In 2011,the French government focused on addressing the demandfor commercial sex. In April 2011, parliament released anextensive report on prostitution in France, as part of an effortto examine how best to shape policy on prostitution, includingaddressing demand. Nevertheless, the French governmentdid not take any broad based public awareness campaignson human trafficking. The French government provided anti-trafficking training to all peacekeeping troops prior to theirdeployment abroad on international peacekeeping missions.GABON (Tier 2)Gabon is primarily a destination and transit country forchildren and women from Benin, Nigeria, Togo, Mali, Guinea,and other West African countries who are subjected to forcedlabor and sex trafficking. Some victims transit Gabon en routeto Equatorial Guinea. The majority of victims are boys forcedto work as street hawkers or mechanics. Girls are subjected todomestic servitude and forced labor in markets or roadsiderestaurants. Traffickers appear to operate in loose, ethnic-basedcrime networks. Most child traffickers are women, who serveas intermediaries in the victims’ countries of origin. In somecases, child victims report that their families turned themover to intermediaries promising employment opportunitiesin Gabon. There is evidence that some traffickers have movedtheir operations to Lambarene to avoid detection in Libreville.Reports indicate the involvement of Nigerian syndicates inbringing trafficking victims to Gabon. West African womenare forced into domestic service or prostitution in Gabon.The Government of Gabon does not fully comply with theminimum standards for the elimination of trafficking; however,it is making significant efforts to do so. The governmentmaintained strong prosecution efforts during the year throughthe initiation of prosecutions of eight alleged traffickingoffenders – several of whom remain in prison awaiting trial– and presidential approval of a Ministry of Justice requestto hold and fund a special session of the High Court toprosecute pending trafficking cases. The government madestrong efforts to protect victims during the year, working withseveral governments in the region to repatriate 10 foreignvictims of trafficking, following their stay in shelters operatedby the government or in government-supported NGO shelters.The Inter-Ministerial Committee (IMC) actively and effectivelyoversaw the efforts of vigilance committees – present in sevenprovincial capitals – that coordinated between departmentson victim care and case follow-up. It also finalized the 2012National Action Plan. Nonetheless, the government failed toconvict any trafficking offenders in 2011.Recommendations for Gabon: Increase efforts to prosecute,convict, and punish trafficking offenders by convening theHigh Court; draft and enact provisions prohibiting thetrafficking of adults; continue to strengthen cooperationbetween police, immigration, and gendarmerie to addresstrafficking cases jointly; and develop a system to tracktrafficking cases and provide relevant law enforcement andvictim protection statistics.ProsecutionThe Government of Gabon maintained strong law enforcementefforts during the reporting period. Existing laws do notprohibit all forms of human trafficking, including bondedlabor. Law 09/04, “Concerning the Prevention and the FightAgainst the Trafficking of Children in the Gabonese Republic,”enacted in September 2004, prohibits child trafficking for bothlabor and sexual exploitation and prescribes penalties of fiveto 15 years’ imprisonment, along with fines the equivalent of$20,000 to $40,000; these penalties are sufficiently stringentand commensurate with penalties prescribed for other seriouscrimes, such as rape. Penal code Article 261 prohibits theprocuring of a child for the purpose of prostitution andprescribes a sufficiently stringent penalty of two to five years’imprisonment. Law 21/63-94 prohibits forced prostitution ofadults and prescribes sufficiently stringent penalties of two to10 years’ imprisonment, which are commensurate with thoseprescribed for other serious crimes, such as rape. Penal codeArticle 48 prohibits the use of children in illegal activities,prescribing penalties of five to 10 years’ imprisonment. Title 1,Article 4 of the Gabonese labor code (Law 3/94) criminalizesall forms of forced labor, prescribing penalties of one to sixmonths’ imprisonment, which are not sufficiently stringent.During the year, the government revised Law 3/94 to listspecifically both acceptable and prohibited forms of work forthose younger than 16 years of age. The government made
162THEGAMBIAminimal efforts to harmonize its legislation with the 2000UN TIP Protocol, to which it acceded in 2010.The High Court is required to hear trafficking cases sincethey are a crime equivalent to murder; however, the HighCourt is backlogged with cases filed from as early as 2001 and,due to funding issues, does not routinely meet, presenting asignificant obstacle to prosecutions of trafficking crimes. InMay 2011, the President approved a request, submitted by theMinistry of Justice, to hold and fund a special session of theHigh Court to hear pending trafficking cases; however, nospecial session was held during the year.Despite the arrest of over 76 suspected trafficking offendersbetween 2003 and 2011– including eight during the reportingperiod – there have been no convictions under the 2004child trafficking act. The prosecution of 38 alleged traffickingoffenders under Law 09/04 – as a result of the government’sDecember 2010 “Operation Bana,” in cooperation withINTERPOL – remained pending with all offenders in pre-trial detention. The Gabonese government continued workwith UNICEF, INTERPOL, and West African governments toverify documents and the identities of trafficking victims andsuspected offenders in the “Operation Bana” cases, involvingthe rescue of 20 child labor trafficking victims and the arrestof their 38 suspected traffickers in the previous reportingperiod. Following the establishment of a vigilance committeein Mouila (Ngounie Province), authorities arrested and chargedseveral suspected traffickers; tips received in several caseswere a direct result of awareness campaigns. Police chargeda Malian man with child trafficking, committing a sex crimeagainst a minor, and falsification of a passport for the forcedmarriage of a 13-year-old Malian girl who came to Gabonfor domestic work but instead was forced to marry him andprevented from leaving his home. Authorities also chargedthe imam who presided over the marriage ceremony and theintermediary who met the child at the airport upon arrivalwith child trafficking, committing a sex crime against a minor,and document fraud; the two offenders remain in jail awaitingtrial, while the imam was released on bail. In another forcedmarriage case in February 2011, a Malian man was chargedwith trafficking for forcing his 14-year-old wife to work in anail salon and enter prostitution; the suspect was releasedon bail, pending trial. In January 2012, authorities in Mouilacharged a Beninese woman with use of false documents andmistreatment of minors for the forced labor of six children; inthis case, authorities also charged the former assistant mayorof Mouila with falsifying birth certificates. The governmentpartnered with UNICEF to provide training to 36 police officers,45 social workers, and nine labor inspectors on anti-traffickinglaw enforcement and protection mechanisms in Gabon.ProtectionThe Government of Gabon sustained strong efforts to ensurethat victims of trafficking received access to necessaryprotective services during the reporting period. It provided theequivalent of approximately $270,000 to support four centersoffering shelter, medical care, education, and psychosocialservices to orphans and vulnerable children, including childtrafficking victims, in Libreville and Port Gentil. One centeris completely government-funded, while the other three arefinanced partly by the government through financial and in-kind donations, as well as the provision of service support,including social workers. Government officials identified ninevictims during the year; a total of 10 victims received care atthese government-funded shelters. The government couldshelter trafficked adults in government- and NGO-run transitcenters, though it did not identify any adult victims duringthe reporting period. Working with officials in the countriesof origin, the government coordinated the repatriation of onemale and nine female child trafficking victims; one victim,rescued in December 2010 in “Operation Bana,” remainedin a government-supported NGO shelter for seven monthsbefore repatriation. The Ministry of Labor contracted a localNGO to accompany and assist victims during repatriation. Ifvictim repatriation was not an option, the Ministry of SocialAffairs would provide a victim with immigration relief andresettle them in Gabon; no victims availed themselves of thislegal alternative when offered during the reporting period.Government personnel employed procedures to identifyvictims of trafficking among vulnerable groups, such as migrantchildren, and systematically referred them to government orNGO shelters. In 2011, the IMC trained social workers on theNational Procedural Manual for Assisting Trafficking Victims,which outlines standard procedures for the identificationand removal of children in trafficking situations, as wellas their subsequent care and repatriation. Security forcesroutinely took testimony at the time of arrest of the traffickingoffender or recovery of the victim and prosecutors, withsocial workers present, had access to the children at sheltersfor follow-up interviews. The government routinely soughtcosts of repatriation for the victim from the offender andsource country governments but absorbed the costs whenthese avenues of assistance were unavailable; in June 2011, aprosecutor in Port Gentil secured payment from two allegedtrafficking offenders for tickets to repatriate a victim to Benin.PreventionThe Gabonese government maintained strong efforts to preventhuman trafficking over the last year. Created by Law 09/04 andunder the leadership of the Minister of Labor, the IMC remainedactively engaged and served as an effective coordinatingbody for the government’s anti-trafficking efforts during theyear. In December 2011, the IMC, vigilance committees, andNGOs met to report their activities in 2011 and finalize the2012 National Action Plan. Vigilance committees in sevenregional capitals – including those in Mouila and Tchibangalaunched during the reporting period – brought together localgovernment, law enforcement, and civil society actors to raiseawareness, facilitate reporting of trafficking cases, and refervictims to care; the IMC provided anti-trafficking trainingfor these two new committees. The government continuedits “Be Vigilant” billboard campaign to target those whomight exploit trafficking victims, as well as its “door-to-door”public awareness campaigns in Libreville, in cooperation withUNICEF. During “Operation Bana” authorities discoveredthat traffickers used fraudulent documents to alter the agesof children; as a result, in September 2011, the Ministry ofHealth initiated a census to determine the number of childrenliving in Gabon without legal birth certificates.THE GAMBIA (Tier 2 Watch List)The Gambia is a source, transit, and destination countryfor women and children subjected to forced labor and sextrafficking. Within The Gambia, women and girls and, to alesser extent, boys are subjected to sex trafficking and domestic
THEGAMBIA163servitude. Women, girls, and boys from West African countries− mainly Senegal, Sierra Leone, Liberia, Ghana, Nigeria, Guinea,Guinea-Bissau, and Benin – are recruited for commercialsexual exploitation in The Gambia, in particular to meetthe demands of European tourists seeking sex with children.Observers believe organized networks use travel agenciesto promote child sex tourism. Many Gambian boys attendKoranic schools led by marabouts (religious teachers). Corruptor unscrupulous marabouts sometimes force such boys intostreet vending.Gambian trafficking victims have been identified inneighboring West African countries, as well as in the UnitedKingdom.The Government of The Gambia 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 increasingefforts to address human trafficking over the previous year;therefore, The Gambia is placed on Tier 2 Watch List for asecond consecutive year. Although the government establisheda national agency against trafficking in persons and convictedone trafficker, the sentence of a modest administrative finedid not adequately convey the serious nature of the crime. Thegovernment claimed to monitor boys in street vending andunaccompanied girls in resorts known to be destinations ofsex tourists, but it did not identify any as victims of traffickingduring the reporting period.Recommendations for The Gambia: Increase efforts toinvestigate and prosecute trafficking offenses and ensureadequate sentencing for convicted trafficking offenders; trainlaw enforcement personnel to identify trafficking victimsproactively among vulnerable populations, such as boys instreet vending, unattended children in tourist resorts knownto be sex tourism destinations, and women in prostitution,and refer them to protective services; begin to take measuresto decrease the demand for commercial sex acts, specificallythose committed by sex tourists; engage with anti-traffickingcounterparts in the region to enable the safe repatriation ofvictims to and from The Gambia; and increase efforts to raisepublic awareness about the dangers of trafficking.ProsecutionThe Government of The Gambia sustained modest anti-trafficking law enforcement efforts during the reporting period.Its 2007 Trafficking in Persons Act prohibits all forms oftrafficking, and an October 2010 amendment increased theprescribed penalties to 50 years’ to life imprisonment for allforms of trafficking. These penalties are sufficiently stringentand commensurate with those prescribed for other seriouscrimes, such as rape. The Gambia’s 2005 Children’s Act alsoprohibits child trafficking – though it does not include forcedlabor in its definition of trafficking – prescribing a penalty oflife imprisonment. The 2003 Tourism Offenses Act explicitlyprohibits child sex trafficking, prescribing a penalty of 10years’ imprisonment.The government investigated one case of suspected sextrafficking during the year. A Nigerian trafficker was arrestedand prosecuted on charges of trafficking two Nigerian womento The Gambia for forced prostitution; he was convictedin September 2011 and was fined only the equivalent of$333 before being deported to Nigeria. Despite reports ofthe convicted trafficker having three accomplices in Nigeria,the government neither engaged the appropriate Nigeriananti-trafficking authorities for assistance in the case noreven informed the Nigerian government of the offenders’deportation to Nigeria. The March 2011 case against a marabouttransporting boys to Senegal for forced begging was droppedwhen the marabout promised to stop the practice of sendinghis students to beg in Senegal. No law enforcement officialswere investigated, prosecuted, or convicted for involvementin human trafficking, and the government did not take anyaction to investigate NGO-reported allegations that an officialat The Gambian Embassy in Mauritania allegedly was complicitin a case of cross-border child trafficking between Mauritaniaand Sierra Leone.ProtectionThe Gambian government undertook inadequate efforts toprotect trafficking victims during the year, as it identified noGambian trafficking victims and only two foreign victims ofsex trafficking. Although it claimed to monitor the activities ofboys in Koranic schools, it did not rescue or provide services toany victims of forced street vending or begging. The Ministryof Social Welfare operated a 24-hour multi-purpose hotlineand allocated the equivalent of $11,500 toward running ashelter and drop-in center, although the government didnot report the number of trafficking victims it may havecared for in these shelters. The Department of Social Welfarecontinued to maintain an electronic child protection database,which includes information on trafficking cases, although nocases were identified in 2011. The Trafficking in Persons Actallows foreign victims to obtain temporary residence visasfor the duration of legal proceedings, though the governmentoffers no other legal alternatives to the removal of foreigntrafficking victims to countries where they may face retributionor hardship. The government did not provide the Nigerianvictims in the aforementioned case with shelter supportduring their stay in The Gambia. Instead authorities deportedthem to Nigeria after they provided testimony. There were noreports of victims being penalized for unlawful acts committedas a result of being trafficked; however, the lack of a formalidentification system likely resulted in some victims remainingunidentified in the law enforcement system.PreventionThe government made limited efforts to prevent traffickingduring the year. In October 2011, The Gambian tourism boardofficially launched its training manual on addressing child sextourism. The government also organized a one-day orientationthat addressed curbing commercial sex, particularly childsex tourism, for 50 members of the tourism security unit inpreparation for the start of the tourism high season. Authoritiesreport removing unattended children from resort areas, inaccordance with a policy to combat child sex tourism, butthis effort did not lead to the referral of any child traffickingvictims to protective services or the apprehension of any
164GEORGIAsuspected traffickers. In December 2011, the Ministry ofJustice launched the National Agency Against Trafficking inPersons with four staff members and a budget the equivalentof $8,474. The agency began work to develop a traffickingdatabase that will eventually collect trafficking informationfrom all government agencies. It was unclear whether thegovernment provided anti-trafficking training to Gambiantroops before their deployment abroad on internationalpeacekeeping missions.GEORGIA (Tier 1)Georgia is a source, transit, and destination country for womenand girls subjected to sex trafficking and men and womensubjected to conditions of forced labor. Women and girls fromGeorgia are subjected to sex trafficking within the country andalso in Turkey and the United Arab Emirates. In recent years,Georgian women and girls have also been subjected to sextrafficking in Egypt and elsewhere. Women from Uzbekistanand possibly other countries are found in forced prostitutionin the commercial sex industry in Georgia. Country expertsreport that foreign women in prostitution in saunas, stripclubs, hotels, and escort services are vulnerable to forcedprostitution. Men and women are subjected to conditionsof forced labor within Georgia, and Georgians are subjectedto forced labor in Russia, Turkey, and elsewhere. In recentyears, there have been cases of foreign nationals exploited inagriculture, construction, and domestic service within Georgia.In years past, Turkish men have been subjected to forced laborin the occupied territory of Abkhazia, which remains outsidethe central government’s control. NGOs that work with streetchildren from Georgia, Armenia, and Russia, as well as withRoma children, report that some children are exploited intobegging or theft by third parties, including their parents, aform of trafficking. Although children are not commonly foundworking in agriculture in Georgia, except on family-ownedfarms, a labor trafficking expert in the country indicated thatchildren working in agriculture and in the informal urbaneconomy are highly vulnerable to forced labor.The Government of Georgia fully complies with the minimumstandards for the elimination of trafficking. During thereporting period, the government increased the number oftrafficking cases investigated and the percentage of prosecutionsthat resulted in convictions of trafficking offenders. Thegovernment also significantly increased funding for anti-trafficking training and prevention activities, including in thebudgets of its shelters for victims. The government significantlyincreased the number of Georgian officials provided trainingon victim identification. During the year, however, localexperts expressed serious concerns about the government’sview of its trafficking problem and its lack of effective effortsin the first half of the reporting period to proactively identifyvictims of this serious crime.Recommendation for Georgia: Employ more effectivemethods to detect and identify potential trafficking victims,especially those experiencing non-physical forms of coercion,the more common manifestation of trafficking in the country;ensure that NGOs continue to be funded and remain activepartners in providing victim services and reintegration;ensure NGOs are provided with funding to assist potentialtrafficking victims before they receive official victim statusand become eligible for state assistance; continue to expandformal partnerships with NGOs to help develop the trust ofpotential victims and achieve a more multi-disciplinary victim-centered approach to anti-trafficking efforts; systematicallycheck for indicators among deported and returning Georgiansat border points and involve NGOs in this process; considerappointing a victim-witness advocate or specialized NGO tohelp ensure the rights of victims are respected during legalproceedings and to ensure their participation is voluntary;given the absence of labor inspectors in Georgia, ensureproactive outreach to workers, including both documentedand undocumented foreign migrants, who are vulnerable totrafficking; ensure that children who are subjected to forcedbegging and vulnerable to commercial sexual exploitationare not inadvertently criminalized or punished for crimescommitted as a direct result of their being trafficked; increaseefforts to investigate, prosecute, and convict labor and sextrafficking offenders; ensure children in prostitution areproperly identified as trafficking victims; continue awarenesscampaigns for government officials and the general publicabout trafficking and its links to prostitution as well as forcedlabor; and continue the government’s active informationcampaigns targeted at vulnerable groups.ProsecutionThe Government of Georgia demonstrated improvements in itsanti-trafficking law enforcement efforts during the reportingperiod. Georgia prohibits all forms of trafficking in personsthrough Article 143 of its criminal code, which prescribespenalties ranging from seven to 20 years’ imprisonment. Thesepenalties are sufficiently stringent and are commensuratewith those prescribed for other serious crimes, such as rape.In 2011, the government initiated 16 trafficking investigationsinvolving 18 individuals, compared with 11 investigations of18 individuals in 2010. Authorities prosecuted and convictedfive sex trafficking offenders in 2011, including one in absentia,an increase from one offender convicted in 2010. Sentencesranged from six to 19 years’ imprisonment; one offenderwho received a 15.5 year prison sentence was convicted andsentenced within two months of his arrest. The governmentreported it recently reviewed certain criminal cases involvingthe use of fraudulent passports, illegal border crossings, andthe bribery of border and customs officials for elementsof possible official complicity in human trafficking. Thegovernment reported it found no indicia of complicity inthese cases. The government did not report any prosecutions,convictions, or sentences of government officials complicitin trafficking crimes in 2011.Country experts reported that a lack of labor inspectors andweaknesses in the government’s labor code contributed toworkers’ vulnerability to abuse and forced labor. In September2011, Georgian trade unionists reported indicators suggestingconditions of trafficking, including employers not returningpassports to workers who complained about mistreatment,among 100 Indian nationals working at a steel plant in Kutaisi.In response to these allegations, the government opened a
GEORGIA165lengthy investigation into the case, interviewing over 200persons, including Indian and Georgian workers at the plant,and inspecting salary records and living conditions. Thegovernment determined that none of the Indian workerswere trafficking victims, all were free to travel inside Georgiaand back to India without restriction, and all were paid thefull amounts promised in their contracts. The governmentcontinued its institutionalized training for law enforcementand provided additional specialized training for prosecutors,judges, immigration officials, border police, and other front-line responders during the year, increasing the number ofofficials trained by 23 percent over the preceding year.In addition to basic in-service anti-trafficking training forpolice and prosecutors, the Georgian government providedat least 40 specialized training sessions on the law, interviewand investigative techniques, identification of victims, andworking with victim services, often in collaboration withNGOs and international organizations.ProtectionThe Government of Georgia maintained protections foridentified trafficking victims in 2011. Government efforts toidentify victims during the first half of the reporting periodwere not effective. According to government data, no victimswere identified during the first half of 2011. Further, nopotential victims were referred to the government’s PermanentGroup, an alternative mechanism for identification, betweenDecember 2010 and September 2011. Most victims wereidentified by government authorities late in the reportingperiod, with a total of 18 victims identified. This compareswith 19 victims identified in 2010 and 48 victims identifiedin 2009. During the first half of the year, local experts notedconcerns that lack of attention to identification was animpediment to achieving further needed improvements.Specifically, country experts reported concerns with the lowlevel of victim identification and overall lack of success inlocating trafficking victims, including children in exploitativesituations on the street, children in the sex trade, foreignwomen in the commercial sex sector, and Georgian and foreignworkers in vulnerable labor sectors. Authorities identified twoUzbek victims of forced prostitution in February 2012; onesuch victim declined the government’s offer of residency and,at the victim’s request, was repatriated by IOM.Although one expert reported that government officials’understanding of the nature of trafficking is increasing, someNGOs, trade unions, and other regional experts – includinga labor trafficking expert – reported little awareness amongGeorgian authorities about forced labor. During the reportingperiod, half of all identified victims took the initiative to reportthemselves to authorities or to seek assistance themselves, andthe other half were identified by Georgian authorities as theresult of investigations. According to some country experts,border officials do not systematically look for traffickingvictims; few returning trafficking victims are detected at theborder. A significant number of Georgian trafficking victims,however, were identified in Turkey during the reporting period.During the year, the government increased funding for state-provided victim services by nearly 50 percent, including byallocating the equivalent of $302,000 to two government-run shelters for trafficking victims, an increase from the$127,000 allotted in the previous year. Two other shelters arerun by NGOs; these are used infrequently, largely as a short-term, interim solution when a victim cannot immediatelybe housed in a state-run shelter. The government prefers toprovide rehabilitation services and shelter directly to victims,although in cases where the government is unable to providerehabilitation services, it will reimburse an NGO providingsuch services. During the reporting period, the governmentreimbursed NGOs an amount equivalent to approximately$1,700 for rehabilitation services provided to victims.According to a government official, victims were required tohave a chaperone – for their own protection – when leavingthe shelters during the investigation and prosecution of theircases. The government’s state shelters provided medical aid,psychological counseling, and legal assistance to 20 victims oftrafficking in 2011, compared with nine in 2010. Six traffickingvictims received financial assistance from the governmentin 2011, consisting of a one-time payment in an amountequivalent to $650. The government reported it providedforeign victims with legal alternatives to their removal tocountries where they would face hardship or retribution;foreign victims were eligible for temporary residence permits,although no foreign victims requested a residence permit in2011. The government reported that victims were encouragedto assist law enforcement with trafficking investigations andprosecutions; all 18 victims identified by the governmentassisted law enforcement during the reporting period. Therewere no reports that victims were penalized for unlawfulacts committed as a direct result of being trafficked; however,NGOs reported that children occasionally were arrested forbegging and coerced into criminality, as opposed to beingidentified and assisted as trafficking victims.PreventionThe Government of Georgia improved its anti-traffickingprevention activities in 2011 and significantly increasedcooperation with NGOs to conduct prevention campaigns. Thegovernment enacted legislation in December 2011 authorizingthe executive branch for the first time to make grants to NGOs.Pursuant to this legislation, the government provided smallgrants to two NGOs in early 2012 to work on projects relatedto public awareness of trafficking and information pertainingto victim identification. It also entered into memoranda ofunderstanding with leading NGOs to expand and coordinatecooperation in addressing trafficking.During the year the government conducted multipleinformation campaigns utilizing a broad array of media,including public service announcements, seminars, andtelevision broadcasts throughout the country. The CivilRegistry Agency continued its practice of distributing anti-trafficking related pamphlets when it issued new passports tocitizens. The government also conducted numerous outreachevents including some focused on specific segments of thepopulation, such as university and high schools students,internally displaced persons, and ethnic minorities livingin the regions. Events included numerous panel discussions,a film screening, a peer education campaign, and an essaycontest. The government distributed 10,000 donor-fundedtrafficking indicator cards to front-line responders, includinglaw enforcement and border officials. In coordination withNGOs, the government posted anti-trafficking posters on cross-border buses and distributed multilingual leaflets to cross-border truck drivers and others. In November 2011, authoritiescreated a high-level, interagency steering committee to overseethe implementation of an EU-funded project to address streetchildren. In March 2011, the government approved its new anti-
166GERMANYtrafficking National Action Plan for 2011-2012, produced withextensive collaboration with the NGO community. Duringthe reporting period, the government did not initiate anycampaigns to reduce demand for commercial sex acts.GERMANY (Tier 1)Germany is a source, transit, and destination country forwomen, children, and men subjected to sex trafficking andforced labor. Approximately 85 percent of identified victims ofsex trafficking originated in Europe, including 20 percent fromwithin Germany, 20 percent from Romania, and 19 percentfrom Bulgaria. Non-European victims originated in Nigeria,other parts of Africa, Asia, and the Western Hemisphere. Themajority of sex trafficking victims have been exploited inbars, brothels, and apartments – approximately 36 percent ofidentified sex trafficking victims reported that they had agreedinitially to engage in prostitution. Young German women weresometimes coerced into sex trafficking by purported boyfriendsin “loverboy” schemes. Nigerian victims of trafficking are oftencoerced into prostitution through voodoo rituals. Victims offorced labor have been identified in hotels, domestic service,construction sites, meat processing plants, and restaurants.Members of ethnic minorities, such as Roma, as well asforeign unaccompanied minors who arrived in Germany, wereparticularly vulnerable to human trafficking. Individuals withdisabilities, including those hard of hearing, were vulnerable toforced labor. NGOs reported an increase of domestic workerscomplaining of abuse in diplomatic households. Variousgovernments reported German citizen participation in sextourism.The Government of Germany fully complies with the minimumstandards for the elimination of trafficking. The Germangovernment increased its identification of labor traffickingvictims by approximately 75 percent, though the number ofsex trafficking victims it identified decreased. The governmentlengthened the reflection period granted to suspected victimsand provided opportunities for certain victims of exploitationto remain in the country during civil claims against theiremployers. The government proactively identified a highproportion of trafficking victims. Nevertheless, a Germangovernment study showed that labor trafficking identificationlagged behind sex trafficking victim identification. Sentencingconvicted trafficking offenders to terms of imprisonmentremained a significant deficiency in the German government’santi-trafficking efforts. Available statistics continued to indicatethe majority of convicted labor and sex trafficking offenderswere not required to serve time in prison, placing victims atpotential risk when convicted offenders were free after trial.Recommendations for Germany: Explore ways to increasethe number of convicted trafficking offenders who receivesentences commensurate with the gravity of the crimecommitted; vigorously investigate, prosecute, and convictlabor trafficking offenders; consider expanding residencepermit eligibility for trafficking victims that are not relianton the victim’s willingness to testify at trial; establish anindependent national anti-trafficking rapporteur to producecritical assessments on the Government of Germany’s anti-trafficking efforts; ensure forced labor and child victims’ accessto appropriate assistance and protection; ensure that labortrafficking victims are fully informed of their rights;standardize victim assistance measures and government-civilsociety cooperation across the 16 federal states; encouragevictims to take advantage of financial restitution proceduresavailable to them in court; ensure that labor trafficking isfully integrated into Cooperation Agreements at the statelevel; strengthen awareness campaigns targeting beneficiariesof forced labor and clients of the sex trade, particularly in themost frequented red light districts; consider creating amechanism to coordinate German efforts to address forcedlabor; and ensure that conviction data reported include allconvictions for trafficking in persons.ProsecutionThe Government of Germany sustained its overall anti-trafficking law enforcement efforts during the reporting period.It significantly improved its investigations of labor traffickingcases, though its investigation of sex trafficking cases decreased.German courts continued to grant suspended sentences toconvicted offenders. In 2010, the German authorities reportedthat the overwhelming majority of convicted labor and sextrafficking offenders were given suspended sentences. Thispractice derived from a provision in the criminal code allowingthe suspension of assigned prison terms lower than two years,particularly for first-time offenders. Furthermore, when anaccompanying criminal charge, such as one for organizedcrime, resulted in a higher sentence than that produced bythe trafficking charge, the German authorities did not recorda conviction as a trafficking conviction. Nevertheless, thereported statistics reveal that convicted traffickers frequentlyavoided imprisonment, creating potential safety problems forvictims of trafficking and a weakened deterrence of traffickingoffenses.Germany prohibits all forms of trafficking; sex traffickingis criminalized under Section 232 of the penal code, andforced labor is criminalized under Section 233. Punishmentsprescribed in these statutes range from six months’ to 10years’ imprisonment, and are sufficiently stringent andcommensurate with penalties prescribed for other seriouscrimes, such as forcible sexual assault. In 2010, the last year forwhich statistics were available, the German state and federalauthorities completed 470 sex trafficking investigations, a12 percent decrease from 534 investigations completed in2009. The government investigated 24 labor trafficking casesin 2010, a significant increase from 10 cases in 2009. TheGerman authorities prosecuted 172 alleged offenders forsex trafficking offenses in 2010, compared with 189 in 2009.Of those alleged offenders, 115 were convicted, a decreasefrom 2009, when 135 offenders were convicted. Germancourts continued to suspend sentences in the majority ofcases recorded as trafficking; of the 115 offenders convicted,only 23 (20 percent) were actually imprisoned. These 23offenders received sentences between two and 10 years inprison. The German authorities prosecuted 17 alleged labortrafficking offenders, of whom 13 were convicted, thoughnone received time in prison. This was an increase from the15 labor trafficking offenders prosecuted in 2009. German
GERMANY167officials reported that securing victim testimony remaineda challenge for prosecutions. According to NGOs and someofficials, poor or withdrawn victim testimony impaired trialsand may have contributed to the high rate of suspendedsentences by resulting in lower initial sentences. Police andprosecutors noted that many trafficking investigations are ledby officers with trafficking expertise, whereas many of theprosecutors on trafficking cases are organized crime specialistswho have less specialized experience in human traffickingprosecutions. Some NGOs observed that some judges wereinsensitive to trafficking victims.In May, the Federal Criminal Police collaborated with policefrom 120 stations of 13 to 16 federal states and EUROPOL toraid 1,000 prostitution venues across Germany in an effortto identify trafficking victims from West Africa. The FederalCriminal Police collaborated with several governments,including Romania, Switzerland, Bulgaria, Poland, andNigeria to investigate trafficking cases. The German FederalCriminal Police organized several specialized seminars toeducate investigating officers and prosecutors on traffickingtopics, focusing, for example, on specific countries of originand intercultural competence. The German government didnot prosecute, convict, or sentence any officials complicit intrafficking in persons this year.ProtectionThe German government sustained its victim protectionefforts during the reporting period, offering and grantingtemporary residency to trafficking victims, but identifyingfewer trafficking victims. The federal family ministry funded anumbrella organization representing 39 NGOs and counselingcenters that provided or facilitated shelter, medical andpsychological care, legal assistance, vocational support, andother services largely for adult female victims. These NGOsprovided services in all German states. State governmentsprovided significant supplemental funding for the support oftrafficking victims, including shelter and counseling.The German Federal Criminal Police developed new internaltools to improve labor victim identification, including a pocket-sized card containing indicators to guide identification and, incooperation with the Federal Labor Ministry, other agenciesand NGOs, a brochure on identifying labor trafficking victimsto help identify potential victims. According to the 2010Federal Criminal Police report, in 57 percent of all cases, thefirst contact between police and victims resulted from policemeasures. Authorities registered 610 victims of sex traffickingin 2010, a decrease from 710 sex trafficking victims in 2009.Of these 610 victims, 35 percent were cared for by counselingcenters. The German authorities reported identifying 41 labortrafficking victims, a 78 percent increase from the previousyear. The majority of these victims were males exploited in therestaurant sector. In 2011, the German government extendedthe term of the reflection period for trafficking victims fromone month to three months. Trafficking victims who agreedto testify against defendants at trial were entitled to remain inGermany for the duration of the trial with residence permits onhumanitarian grounds. Some victims of trafficking who facedpersonal injury or threats to life or freedom in their countriesof origin were granted long-term residence permits during thereporting period. German law permits prosecutors to declineto prosecute victims of trafficking who have committed minorcrimes. NGOs reported that, although prosecutors in practiceexercise this discretion, victims may have been penalized ordeported on occasion before their legal status as victims oftrafficking had been clarified.German authorities encouraged trafficking victims toparticipate in investigations and prosecutions of traffickingoffenders. One NGO stated that approximately 70 percentof the trafficking victims it counseled were willing to testifyin court. This year, the German government amended theResidence Act to extend the right to remain in Germanyto certain victims of exploitation if the victims faced anexceptional hardship were they to make claims for outstandingwages from abroad. Trafficking victims were permitted to workduring the course of trial. Although compensation procedureshave rarely been used in practice, an independent institute,funded in part by the German government and foundations,conducted a project to help trafficking victims claim theirfinancial rights, focusing on educating trafficking victimsand government institutions and assisting victims with theirclaims. Trafficking victims have 11 legal actions pending incivil and labor courts supported by the institute’s project.PreventionThe German government sustained efforts to prevent humantrafficking throughout the year. The government sustainedfunding for NGOs that produced public awareness campaignsin Germany and abroad through websites, postcards, telephonehotlines, pamphlets, and speaking engagements. The umbrellaorganization of government-funded trafficking NGOsproduced a study about the sex trafficking of German citizens.In 2011, the German federal government launched an actionplan for the protection of children and teenagers from sexualviolence and exploitation. One of the pillars of the action planfocused on trafficking in children for the purpose of sexualexploitation. The German government continued to monitorits anti-trafficking activities through interagency mechanisms.The Federal-State Interagency Working Group on Traffickingin Women, led by the Family Ministry, reviewed counter-trafficking issues, disseminated best practices, and providedinput to new laws and directives. The German Federal CriminalPolice published an annual report on trafficking in personsin Germany, describing law enforcement efforts, victims,and trends. Several German states also have anti-traffickingworking groups to facilitate collaboration between governmentagencies and NGOs.The German Institute for Human Rights, in cooperationwith a Berlin-based NGO, supported an Indonesian domesticworker’s claims against her employer, a Saudi Arabian diplomat.Applying the extraterritorial jurisdiction of German lawprohibiting the sexual abuse of children, German authoritiesin December 2011 charged a 51-year-old German citizenwith nine counts of sexually abusing children in Thailand.The government also collaborated with law enforcementofficials in Southeast Asia to investigate German sex tourists.NGOs reported that the majority of German sex tourists areprosecuted in destination countries. The government did nottake specific measures to reduce the demand for commercialsex acts or focus public awareness on potential clients in someof Germany’s best known red light districts. The Germangovernment trained military personnel to recognize andprevent trafficking in persons prior to their deployment abroadon international peacekeeping missions.
168GHANAGHANA (Tier 2)Ghana is a country of origin, transit, and destination formen, women, and children subjected to forced labor and sextrafficking. The trafficking of Ghanaian citizens, particularlychildren, within the country is more prevalent than thetransnational trafficking of foreign migrants. Ghanaian boysand girls are subjected to conditions of forced labor within thecountry in fishing, domestic service, street hawking, begging,portering, artisanal gold mining, and agriculture. Ghanaiangirls, and to a lesser extent boys, are subjected to prostitutionwithin Ghana. Child prostitution, and possibly child sextourism, are prevalent in the Volta region and are growingin the oil-producing Western regions. Ghanaian womenand children are recruited and transported to Nigeria, Coted’Ivoire, Burkina Faso, The Gambia, South Africa, Israel, Syria,Lebanon, Russia, France, the United Kingdom, Germany, andthe United States for forced labor and sex trafficking. Womenand girls, voluntarily migrating from China, Nigeria, Coted’Ivoire, Burkina Faso, and Benin are subjected to commercialsexual exploitation after arriving in Ghana. Citizens fromother West African countries are subjected to forced labor inGhana in agriculture or domestic service.The Government of Ghana does not fully comply with theminimum standards for the elimination of trafficking; however,it is making significant efforts to do so. The police’s Anti-Human Trafficking Unit (AHTU) received reports of 117suspected trafficking cases and initiated 91 investigationsacross Ghana’s 10 regions. Of those 91 investigations,prosecutions were initiated in 16 cases, 29 trafficking offenderswere convicted, including three foreign trafficking offenderswho were deported. The AHTU identified 409 traffickingvictims during the reporting period and the Department ofSocial Welfare continued its support of a shelter for traffickingvictims. The government engaged in anti-trafficking awarenessraising activities across the country and drafted a new nationalaction plan on combating trafficking. Despite conducting alarge number of investigations and identifying several hundredvictims, the AHTU remains under-staffed and under-funded.AHTU officials are the only government officials able toprosecute trafficking cases, and their limited resources impairthe government’s ability to adequately address the numberof cases brought before it each year.Recommendations for Ghana: Increase efforts to investigate,prosecute, and convict trafficking offenders, ensuring theAHTU has the necessary resources to achieve appropriateconvictions; train law enforcement personnel to identifyproactively trafficking victims among vulnerable populations– such as females in prostitution and children working inagriculture – or from emergency calls made to the GhanaPolice Service (GPS), and refer them to protective services;increase government funding for protective services to victimsand make information about funding allocations availableto the public; improve data collection and reporting on victimsidentified and assisted, and harmonize law enforcement dataacross the three entities – the Economic and Organized CrimeOffice (EOCO), the AHTU, and the Ghana ImmigrationService (GIS) – responsible for investigating trafficking cases;implement the National Plan of Action against Trafficking,including a clear division of responsibilities and allocationof resources between the EOCO, GIS, GPS, and the AHTU;and accede to the 2000 UN TIP Protocol.ProsecutionThe Government of Ghana demonstrated progress in itsanti-trafficking law enforcement efforts during the reportingperiod. The AHTU, the GIS, and the EOCO identified 91suspected trafficking cases during the last year. The AHTUsecured the conviction of 29 traffickers – an increase from fourconvictions obtained during the previous reporting period.Ghana’s 2005 Human Trafficking Act – amended in 2009 toalign the definition of trafficking with the 2000 UN Traffickingin Persons Protocol – prohibits all forms of trafficking andprescribes penalties of five to 20 years’ imprisonment for alltrafficking crimes. These penalties are sufficiently stringentand commensurate with penalties prescribed for other seriouscrimes, such as rape.In May 2011, 232 Ghanaian law enforcement officials workedwith agents from INTERPOL to carry out a three-part operationagainst child trafficking. Despite reports of some 125 brothelsoperating in Accra, INTERPOL and Ghanaian law enforcementraided only five. During these raids, authorities removed 55women and 65 underage female victims, although traffickerswere not apprehended. During a second operation in May2011 officials arrested 30 suspected traffickers in Lake Voltafisheries, leading to the prosecution and conviction of 28 ofthese trafficking offenders under a child exploitation law; eachconvicted trafficker received a 16-month prison sentence. Inthe third action, also in May 2011, law enforcement officersremoved three children – one from Ghana and two fromBurkina Faso – from a cocoa plantation in Tarkwa and arresteda Burkinabe man for alleged child trafficking; his case remainspending before the court. In January 2012, a court convictedand sentenced a Ghanaian woman to five years in prison fortrafficking 11 Ghanaian girls to Nigeria for forced labor andprostitution. In August 2011, the AHTU opened its ninthregional Anti-Human Trafficking Unit in the town of Koforiduafor the Eastern Region; however, these units remain under-funded and under-trained. EOCO conducted two trainingcourses for its anti-human trafficking unit and membersfrom the GPS participated in an international workshop onhuman trafficking. An international workshop on humantrafficking, led by a local NGO, trained nearly 50 policeofficers from the AHTU. The GIS, with assistance from UNICEFand IOM, conducted several training courses on traffickingfor immigration officers throughout the country, includingtraining 20 GIS staff in data collection, as well as verificationand management skills for trafficked and migrant people. Inaddition, the training also covered personal identificationregistration systems and in-depth passport verification and wasintended to increase GIS abilities to verify travel documentsand detect fraud, especially in cases of suspected humantrafficking. Observers note that despite law enforcement’sawareness of growing numbers of child trafficking victims inregions such as the Volta, they often do not take initiative toaddress a situation unless prodded by an NGO. The governmentdid not report any investigation, prosecution, or punishment
GREECE169of government employees complicit in trafficking-relatedcriminal activities during the reporting period.ProtectionThe government made limited efforts to protect traffickingvictims during the year. The AHTU reported identifying409 trafficking victims and referred an unknown number ofthese victims on an ad hoc basis to government and NGO-run facilities offering protective care. The government didnot employ formal procedures to identify victims amongvulnerable groups, such as women in prostitution or childrenat work sites. The GPS maintained a 24-hour hotline forreporting crime, including trafficking; it is not known ifthe hotline received any trafficking-related calls during thereporting period. Immigration officials questioned largegroups of travelers suspected to include trafficking victims,and identified 15 victims during the year. Law enforcementbudgets did not include provisions for victim support and, asa result, law enforcement officials often used personal fundsto assist victims. Through a shelter operated in partnershipwith the Ghanaian government, IOM reported assisting 20Ghanaian child labor victims during the reporting period.In Accra, the Department of Social Welfare maintained amultipurpose shelter for abused children, which also caredfor an unknown number of trafficked children duringthe report period. If reintegration with family membersis not possible, children may be placed in foster familieswith approval from the courts; it is unknown whether thisoccurred in 2011. The Department of Social Welfare paid forall medical costs associated with caring for victims, whileIOM and UNICEF sponsored psychiatric rehabilitation andcare. The government encouraged victims to assist in theinvestigation and prosecution of trafficking offenders, andprovided them with protective escorts and legal counselduring trial proceedings. The government continued to offerforeign trafficking victims temporary residency during theinvestigation and prosecution of their cases and, with theinterior minister’s approval, permanent residency if deemedto be in the victim’s best interest; no victims were grantedtemporary or permanent residency during the year. Therewere no reports that trafficking victims were penalized forunlawful acts committed as a direct result of being trafficked.PreventionDuring the year, the government sustained its efforts to preventtrafficking. With support from an international organization,the AHTU conducted educational outreach campaigns inthe Volta region; it also joined with the Ministry of Womenand Children’s Affairs and local NGOs to implement anawareness campaign that reached 500 community membersin the Kraboa-Coaltar district in the Eastern Region to warnof the dangers of trafficking. The Ministry of Women andChildren’s Affairs worked with the police and IOM to airanti-trafficking radio programs in the Upper East, Eastern,and Greater Accra regions. The government also aired humantrafficking documentary programs on television. The HumanTrafficking Management Board – the inter-sectoral boardchaired by the Minister for Women and Children’s Affairsand comprised of government agencies and NGOs – metquarterly and drafted a new national action plan against allforms of trafficking in persons, as the 2006 plan remainedunimplemented. Although the government took no discerniblemeasures to decrease the demand for forced labor, it launcheda child labor monitoring system in March 2012 to monitorchildren in the Volta Region as a means of preventing themfrom being engaged in the worst forms of child labor, includingtrafficking. The government did not provide anti-traffickingtraining to Ghanaian troops prior to their deployment abroadon peacekeeping missions, though such training was providedto Ghanaian troops by foreign donors. Ghana is not a partyto the 2000 UN TIP Protocol.GREECE (Tier 2)Greece is a transit and destination country for women andchildren subjected to sex trafficking and for men, women,and children in forced labor. Female sex trafficking victimsoriginate in Eastern Europe – Albania, Belarus, Bulgaria,Latvia, Lithuania, Moldova, Russia, Romania, and Ukraine –the Balkans, and increasingly from Asia and Africa, includingMaghreb countries. Labor trafficking victims are primarily menand children from Afghanistan, Albania, Bangladesh, India,Moldova, Pakistan, and Romania who reportedly have beenforced to work primarily in the agriculture or constructionsectors, with some in domestic servitude. One Greek NGOreported that teenage males, typically unaccompanied childrenfrom Afghanistan, Pakistan, Somalia, and other countriesin sub-Saharan Africa, are forced into prostitution in Greece.Victims of trafficking from Italy, Malta, and other EU countriestransited through Greece. Greek NGOs and police report thattraffickers used deception to enter into romantic relationshipswith young female victims from poorer areas in countries suchas Albania or Romania with the goal of forcing the victim intoprostitution in Greece. The police reported that the majorityof trafficking gangs in Greece were small, cell-based criminalorganizations often linked to bars, clubs, and hotels, usingrestaurants, nightclubs, small businesses, and yacht rentalcompanies as money-laundering fronts. Greek police estimatedthat there had been likely hundreds of forced labor victimsin Greece over the past few years. Police report an increasein “family-based” trafficking, in which Romanian parentsbring their own children into Greece and force them to work.NGOs reported children, mainly Roma from Albania, Bulgaria,and Romania, were forced to sell small items, beg, or steal.Adolescents from Afghanistan, Pakistan, and Bangladeshsmuggled into Greece were sometimes forced to repay theirdebt to smugglers by trafficking drugs. Some trafficking victimsin Greece had been re-trafficked to Greece multiple times.The Government of Greece does not fully comply with theminimum standards for the elimination of trafficking; however,it is making significant efforts to do so. The governmentidentified a greater number of trafficking victims duringthe reporting period, compared to the previous year. Fewtrafficking victims were certified for victim assistance, despitea progressive statutory scheme. The government investigatedmany trafficking cases and imposed serious prison sentences forsome of the 19 trafficking offenders convicted in Greece duringthe reporting period. Unresolved cases of complicity remaineda challenge. Despite allegations of low-level police involvementin trafficking, the government did not report convictingany government employees for trafficking complicity. As aconsequence of Greece’s serious economic crisis, governmentfunding for anti-trafficking NGOs ceased entirely; services wereinconsistent and some smaller trafficking shelters struggledto remain open. However, the Ministry of Health’s NationalCenter for Social Solidarity (EKKA) operated non-trafficking-specific shelters for 80 persons (including minors) and in
170GREECEcooperation with NGOs had access to another 120 beds.The judiciary continued to suffer from structural and legalinefficiencies that resulted in low conviction rates, althoughthere was some progress on faster resolution of trafficking cases.Even with dwindling government resources dedicated to NGOs,the government and NGOs created multiple partnerships thisyear, cooperating and sharing resources to address trafficking,including trafficking awareness training for students.Recommendations for Greece: Ensure victims of traffickinghave an opportunity to be certified under the governmentprogram and are offered assistance and deportation reliefavailable under Greek law, including in cases in which acriminal case is not brought; take measures to improve successrates and resolve trafficking prosecutions more quickly, suchas increased specialization of prosecutors and judges;vigorously prosecute traffickers with a view to increasingconvictions, including against officials complicit in trafficking;collect and provide data on length of sentences for traffickingconvictions; encourage victims to participate in investigationsand prosecutions by incorporating incentives, such asrestitution or other benefits, into criminal proceedings andby providing enhanced protection for victims who testify;encourage sustainable funding for anti-trafficking NGOs;ensure access to specialized assistance for male victims;strengthen the central authority to coordinate and monitoranti-trafficking efforts, giving it a mandate of accountabilitywithin the inter-ministerial process; enhance public awarenesscampaigns targeted toward a Greek audience, includingpotential clients of the sex trade.ProsecutionGovernment law enforcement efforts against trafficking duringthe reporting period were mixed, with continuing stronginvestigations against trafficking but low conviction rates.Greek Law 3064/2002 and Presidential Decree 233/2003prohibit trafficking for both sexual and labor exploitation andprescribe punishments of up to 10 years’ imprisonment andfines the equivalent of $14,000 to $70,000. These penalties aresufficiently stringent and commensurate with those prescribedfor other serious crimes, such as rape. The Hellenic Police’sAnti-Trafficking Unit, whose head now also leads the OrganizedCrime Unit, focused on dismantling organized traffickingrings such as various Bulgarian, Romanian, Greek, and otherrings, in cooperation with law enforcement authorities fromthose countries. The police conducted 41 human traffickinginvestigations in 2011, a decrease from 62 investigations in2010. Six of the investigations concerned forced labor or forcedbegging, down from 15 labor trafficking investigations in2010. In 2011, Greek authorities prosecuted 220 suspectedoffenders, in contrast to the prosecution of 246 suspectedtrafficking offenders in 2010. Greek authorities reported19 new convictions of trafficking offenders in 2011, and sixacquittals, compared with 28 new convictions and 14 acquittalsin 2010. The Ministry of Justice did not report any suspendedsentences in 2011. Sentences for convicted trafficking offendersranged from one to 18 years’ imprisonment. In many cases, thetrafficking offenders were also required to pay large penalties,up to the equivalent of $140,000. While the government didnot report whether cases investigated or prosecuted were sexor labor trafficking cases, the Greek police were known tohave investigated a few labor trafficking cases, including casesinvolving forced begging and forced labor in strawberry fields.There were reports that many judges and attorneys continued tolack a basic understanding of human trafficking and displayeda lack of sensitivity toward victims; nevertheless, NGOsreported some progress in prosecutors’ sensitivity towardtrafficking. In some of the successful trafficking prosecutions,NGOs played a key role in victim support, including legal andpsychological assistance and payment of court fees.The Hellenic Police incorporated anti-trafficking training inall its police academies. The Anti-Trafficking Unit ensuredcontinuous training for police officers on duty and also providedtraining to first responders on trafficking, including all 160first responders in the Attica region. The Greek governmentenhanced partnerships with NGOs to improve identification atthe border. The Greek anti-trafficking unit targeted organizedcrime groups, such as a Bulgarian trafficking ring that usedforce and threats to force children and people with mental andother disabilities to beg in Greece. In 2011, the Greek Anti-Trafficking Police reported cooperating with Italy, Romania,Russia, Albania, and Bulgaria on trafficking cases.There were allegations that local police and vice squadofficers took bribes from trafficking offenders. Althoughthe government reported it discharged and investigatedcorrupt officers in general, the government did not report theinvestigation, prosecution, conviction, or sentencing of anygovernment employees for trafficking-related crimes. Oldertrafficking-related corruption cases remained pending, withno accountability reported.ProtectionThe government’s efforts to protect victims of traffickingdiminished during the reporting period. Funding for NGOsceased as the result of the economic crisis, so some smallertrafficking shelters struggled to remain operational, and fewervictims were certified for care. However, more victims wereidentified over the year. The government has strong legislativeprovisions to protect trafficking victims, including three tofive month reflection periods and provisions for legal aid.NGOs reported that the reflection period was rarely offeredand that victims were sometimes asked to make a decisionregarding participation in prosecution immediately wheninterviewed, even in cases in which the victim still fearedthe trafficking offenders. NGOs also reported that legal aidprovisions are rarely implemented in practice. The Ministry ofInterior reported that it granted legal residency permits to 62trafficking victims – nine new permits and 53 renewals; thisis down from 87 residency permits in 2010 – 21 new permitsand 66 renewals. The police explained that the number ofresidency permits decreased because the majority of victimswere EU citizens originating in Romania or Bulgaria and thushad the right to residency without a permit.In 2011, in the wake of newly announced austerity measures,the Ministry of Foreign Affairs ceased funding to NGOs forassistance of trafficking victims even while they continuedsupport and assistance by establishing valuable partnershipswith NGOs. As a result, NGOs reported uneven provision
GUATEMALA171of victim support services, including shelter and legal aid.While the government-run and non-government fundedNGO shelters continued to provide care to victims, somesmaller domestic NGOs struggled because of lack of privatesupport and unreliable government funding. Nevertheless, theGovernment of Greece operated various mixed-use sheltersto accommodate trafficking victims (including children) andvictims of domestic abuse in Athens, and helped victims oftrafficking find safe shelter in all areas of the country. Thegovernment did not detain victims of trafficking in theseshelters; they could leave unchaperoned and at-will. The Greekgovernment did not have special shelters available for adultmale victims of trafficking; adult male victims were generallyrepatriated. In 2011, the Greek government officially identified97 victims of sex and labor trafficking, in contrast to 92 victimsof trafficking identified in 2010. Some NGOs and the policereported that victim identification procedures improved duringthe last year among front-line Border Police, Coast Guard, andvice squad officers. Of the total number of victims, 70 werereferred to care facilities for assistance. Out of the 97 victimsidentified, approximately nine received official certificationas victims, a condition precedent for government-providedcare. NGOs reported that it was difficult for victims to receivecertification, particularly in cases in which victims chose notto participate in police investigations. Victims could obtainrestitution only if they filed civil suits against traffickingoffenders. However, obtaining compensation for victims oftrafficking was difficult in practice, given the high cost of filingcivil lawsuits and the inefficiency of the administrative courtsystem. NGOs reported that, even though victim identificationimproved over the long term, it continued to be a weaknessfor the government. The government worked on increasinginternational partnerships and allocated the equivalent of$28,000 to an international project aimed to develop commonguidelines on trafficking victim identification, collaboratingwith the governments of France, Bulgaria, the Netherlands,Romania, and Spain.PreventionThe Government of Greece improved its prevention activitiesduring the reporting period. The General Secretariat for GenderEquality of the Ministry of Interior launched a new anti-trafficking public awareness campaign targeting both victimsand clients, broadcasting anti-trafficking messages throughmajor national TV and radio channels. In collaboration withUNHCR and the Ministry for Citizen Protection, the GeneralSecretariat for Gender Equality issued a booklet in Greekand in English with guidelines for first-contact personnel forthe protection upon their entrance to Greece of women andgirls at risk of trafficking. The Parliament established an anti-trafficking parliamentary committee in January 2012. Thegovernment had a national action plan to address trafficking inpersons, which it developed in coordination with NGOs. Thegovernment also passed a new law, providing that migrantsto Greece must be interviewed and informed of their rightson arrival; if this law is applied, it should give traffickingvictims an opportunity to be identified. The governmentcollaborated with IOM, NGOs, foreign governments, andother partners on multiple anti-trafficking conferences in2011, including on promoting a victim-centered approach totrafficking in persons, training of prosecutors and judges, anda trilateral border anti-trafficking conference in collaborationwith Bulgaria and Turkey. During the reporting period, theNational Coordination Mechanism headed by the Ministry ofForeign Affairs had the authority only to coordinate activities,but did not have a mandate of accountability. A state-operatedgender hotline was available to receive anti-trafficking calls; in2011, it received one call regarding trafficking in persons. TheGreek government collaborated with IOM and other entitiesto support several anti-trafficking awareness raising eventsduring the reporting period, including a film screening for500 judges and prosecutors, a theater presentation, and highschool outreach. The government did not undertake specificprojects to reduce the demand for commercial sex acts duringthe reporting period. The Greek government trained militarypersonnel on trafficking in persons prior to their deploymentabroad on international peacekeeping missions.GUATEMALA (Tier 2)Guatemala is a source, transit, and destination country formen, women, and children subjected to sex trafficking andforced labor. Guatemalan women and children are exploitedin sex trafficking within the country, as well as in Mexico andthe United States. Guatemalan men, women, and childrenare subjected to forced labor within the country, often inagriculture or domestic service. Guatemalan men, women, andchildren also are found in conditions of forced labor in Mexicoand the United States in agriculture, the garment industry, andin domestic service. During the year, 19 Guatemalan womenand one man were subjected to domestic servitude in Jordanand Israel. Indigenous Guatemalans are particularly vulnerableto forced labor. In the border area with Mexico, Guatemalanchildren are exploited for forced begging and vending onstreets, and forced labor in the majority of municipal dumpsthroughout the country. Women and children from othercountries in the region, including El Salvador, Honduras,Colombia, and Nicaragua, are exploited in sex trafficking inGuatemala. Child sex tourism is prevalent in certain touristareas such as Antigua, Puerto Barrios, Rio Dulce, around LakeAtitlan, and in Tecun Uman on the Mexican border. Child sextourists predominately come from Canada, Germany, Spain,and the United States. According to NGOs and governmentofficials, organized crime networks continue to be involved insome cases of human trafficking, and gangs recruit childrento commit illicit acts, sometimes using force or coercion.The Government of Guatemala does not fully comply withthe minimum standards for the elimination of trafficking;however, it is making significant efforts to do so. Duringthe reporting period, Guatemalan authorities maintainedanti-trafficking progress, particularly through continued lawenforcement efforts and the sustained funding of a dedicatedshelter for adult trafficking victims. The government alsolaunched a program to provide specialized services to victimsof trafficking and sexual violence. Investigative units, however,remained under-funded, many judges and law enforcementofficials were poorly informed about human trafficking, andofficial complicity continued to impede anti-trafficking efforts.
172GUATEMALARecommendations for Guatemala: Vigorously implementthe anti-trafficking law and statutes prohibiting child sextourism; continue efforts to investigate and prosecutetrafficking offenses, especially suspected cases of forced laborand domestic servitude, and convict and punish traffickingoffenders; proactively investigate and prosecute public officialscomplicit in trafficking; improve victim referral mechanismsto ensure that all victims, including victims of forced laborand domestic servitude, are referred to appropriate services,including shelters; enhance the availability of specializedvictims services throughout the country, including throughpartnerships with civil society; continue to conduct trainingfor judges, police, immigration officers, and other governmentofficials on how to identify and assist victims; and increasefunding for anti-trafficking efforts, particularly for thecountry’s dedicated prosecutorial and police units.ProsecutionThegovernmentmaintaineditsanti-traffickinglawenforcementefforts during the year. Article 202 of the Guatemalan penalcode prohibits the transport, transfer, retention, harboring, orreception of persons for the purposes of exploitation, includingforced prostitution, sexual exploitation, forced labor or services,begging, slavery, illegal adoptions, or forced marriage, inaddition to other prohibited purposes. Penalties prescribedunder Article 202 are from eight to 18 years’ imprisonment.Such penalties are sufficiently stringent and commensuratewith penalties prescribed for other serious crimes, such asrape. Anti-trafficking police and prosecutors suffered from alack of funding, human resources, and training, and NGOsreported that most cases were reactive responses to NGOcomplaints, as opposed to proactive investigations. Thededicated anti-trafficking police unit within the nationalcivil police department for the investigation of sexual crimes,trafficking in persons, and disappeared children had onlyfour trafficking investigators to cover the entire country. Thegovernment also maintained a small prosecutorial unit toinvestigate and prosecute human trafficking cases; this unithad only five prosecutors and 10 assistant prosecutors and hadinsufficient funding and staff. Much of this unit’s work focusedon crimes such as illegal adoptions and child kidnapping anddisappearance, which do not fall within the 2000 UN TIPProtocol; therefore, officials could not indicate how many ofthe 107 criminal proceedings initiated during the year werefor forced labor or sex trafficking.During the reporting period, authorities convicted five sextrafficking offenders using the anti-trafficking law; sentencesranged from eight to 16 years’ imprisonment, plus fines theequivalent of between $39,000 and $52,000. In comparison,during the previous year, the Guatemalan government reported10 convictions for human trafficking offenses, two using theanti-trafficking law and others using different statutes, withsentences ranging from three to five years’ imprisonment.Some judges reportedly dismissed trafficking cases or acquittedtrafficking offenders due to a lack of understanding of thecrime, and NGOs noted that some officials do not understandthat forced labor is a crime. Credible reports from internationalorganizations, NGOs, and several government officialscontinued to indicate that corrupt public officials impededanti-trafficking law enforcement efforts and facilitatedtrafficking activity by accepting or extorting bribes, falsifyingidentity documents, leaking information about impendingpolice raids to suspected traffickers, and ignoring traffickingactivity in commercial sex sites. The government did notreport investigating, prosecuting, convicting, or punishingany officials complicit in human trafficking. Guatemalanauthorities held numerous anti-trafficking workshops andconferences aimed at educating and building capacity amongjudges, police, prosecutors, immigration officers, and othergovernment officials; most trainings were conducted inpartnership with civil society and with funds from foreigngovernments or international organizations. Authorities wereattempting to coordinate with Jordanian officials on a jointinvestigation at the end of the reporting period.ProtectionAlthough the government largely relied on NGOs andinternational organizations to provide the bulk of victimservices, it maintained a specialized trafficking shelter foradult victims and, during the year, launched a program toprovide services to victims of trafficking and sexual violence.While the government reported employing standard operatingprocedures on how to assist sex trafficking victims, it doesnot employ procedures for identifying forced labor victimsamong vulnerable populations, and labor inspectors did nothave sufficient training or resources to identify victims. MostNGOs remain critical of the government’s ability to identifyand refer trafficking victims effectively. While authoritiesreported identifying hundreds of victims, it was unclearhow many of these victims were children involved in illegaladoption and how many were counted multiple times byseparate government entities. The Ministry of Foreign Affairsfacilitated the repatriation of 50 trafficking victims returning toGuatemala from abroad, as well as the voluntary repatriationof five Colombians from Guatemala. During the year, 10victims stayed in the government-operated shelter, whichhad a capacity to care for 20 victims. Child victims couldbe referred to three NGO-operated shelters dedicated to girltrafficking victims, or could be referred to a governmentorphanage where they could receive specialized care. Theabsence of an effective referral mechanism appeared to impedethe government’s ability to provide victims, particularly adults,with care services. With international organization funding,authorities launched a program to provide client services tovictims of trafficking and sexual abuse, although they didnot report how many trafficking victims received servicesthrough this program during the year. NGOs did not receivegovernment funding to provide services to trafficking victims.Although Guatemalan authorities encouraged victims to assistwith the investigation and prosecution of their traffickers,most victims did not file complaints due to fear of violenceor reprisals, lack of faith in the judicial system, and thelimitations of the government’s witness protection program.Guatemalan law allowed for victim testimony via video. WhileGuatemalan law established that convicted traffickers shouldprovide restitution to victims, there were no reports that thisoccurred during the reporting period. The government didnot detain, fine, or otherwise penalize identified victims forunlawful acts committed as a direct result of being trafficked.Guatemalan authorities reported that all identified foreigntrafficking victims were sent directly from the immigrationdetention center to the government-run shelter for adultvictims. However, victims may not have had their victim statusrecognized by Guatemalan authorities before being deportedas undocumented migrants. Guatemalan law provides legalalternatives to removal of foreign victims who may facehardship or retribution upon repatriation. The authorities
GUINEA173offered these alternatives to foreign trafficking victims butreported that no victims had accepted.PreventionThe Government of Guatemala maintained prevention efforts.The Secretariat Against Sexual Violence, Exploitation andTrafficking in Persons (SVET) was responsible for coordinatinggovernment efforts, as was the interagency anti-traffickingcommission, which met six times during the year. Some officialsand NGOs indicated that SVET was a weak coordinatingbody. Authorities continued public awareness campaigns,including distributing information pamphlets through itsconsulates abroad. Officials reported re-launching a traffickinghotline in January 2012. The independent human rightsombudsman published a report on the trafficking situationin Guatemala. Despite continued reports of child sex tourism,which is prohibited by Article 195 of the penal code, therewere no reported prosecutions or convictions of child sextourists. Authorities provided training on human traffickingto Guatemalan troops prior to their deployment abroad oninternational peacekeeping missions.GUINEA (Tier 2)Guinea is a source, transit, and, to a lesser extent, a destinationcountry for men, women, and children subjected to forcedlabor and sex trafficking. The majority of Guinea’s traffickingvictims are children, and incidents of trafficking are moreprevalent among Guinean citizens than foreign migrantsresiding in Guinea. Girls are often subjected to domesticservitude and commercial sexual exploitation, while boysare forced to beg on the streets, to work as street vendors orshoe shiners, or to labor in gold and diamond mines. SomeGuinean women and men are subjected to forced labor inagriculture. Smaller numbers of girls from Mali, Sierra Leone,Nigeria, Ghana, Liberia, Senegal, Burkina Faso, and Guinea-Bissau migrate to Guinea, where they are subjected to domesticservitude and likely also to commercial sexual exploitation.Children are sent to the coastal region of Boke for forced laboron farms and to Senegal for education in Koranic schools,some of which exploit students through forced begging. SomeGuinean boys and girls are subjected to forced labor in goldmining in Senegal, Mali, and possibly other West Africancountries. Guinean women and girls are subjected to domesticservitude and forced and child prostitution in Nigeria, Coted’Ivoire, Benin, Senegal, Greece, and Spain. Reports indicatethat Chinese and Vietnamese women are subjected to forcedprostitution in Guinea and that some Guinean woman whomigrate to the Middle East and Europe are subjected to forcedprostitution and domestic servitude.The Government of Guinea does not fully comply with theminimum standards for the elimination of trafficking; however,it is making significant efforts to do so. Since Guinea’s firstdemocratic election in December 2010, the government hasexperienced limited funding, endemic corruption, and austeritymeasures. Due to funding difficulties, the country’s criminalcourts, which handle major crimes such as human trafficking,have not convened since 2009. However, the Government ofGuinea did achieve a trafficking conviction in 2011 undercharges of child abduction, which was prosecuted in a lowercourt. The government also investigated a significant numberof trafficking cases in 2011, compared to no investigations inthe previous reporting period, and identified an increasednumber of child trafficking victims. The government struggled,however, to provide adequate protection to trafficking victims,and its overall prevention efforts remained weak.Recommendations for Guinea: Increase efforts to investigateand prosecute trafficking offenses, and convict and punishtrafficking offenders; work towards gaining capacity for thecriminal courts to convene; educate prosecutors on trafficking-related statutes that can be pursued through the lower courtsuntil the criminal courts convene; train law enforcementofficials and magistrates on anti-trafficking statues in thechild code and the existing penal code; finalize and adoptthe implementing text for the child code; increase prescribedpenalties for the sex trafficking of adults; provide specializedtraining to border officials to recognize trafficking victimsand to refer them to protective services; investigate allegationsof corruption among border officials; implement the 2012-2013 national action plan; develop stronger partnerships withNGOs and international organizations, where possible, tocare for victims and develop systemic referral practices forvictim care; enhance partnership and information-sharingmechanisms among government agencies involved incombating trafficking; and increase efforts to raise publicawareness about trafficking.ProsecutionThe Government of Guinea demonstrated notable progress inits anti-trafficking law enforcement efforts over the past year. Itsignificantly increased its investigations of suspected traffickingcrimes during the reporting period; however, only 13 of 59cases were submitted to the courts for prosecution. Guineanlaw does not prohibit all forms of trafficking, including forcedprostitution of adults and debt bondage. Article 337 of the 1998penal code prohibits individuals from entering into agreementsthat deprive third parties of their liberty, prescribing penaltiesof five to 10 years’ imprisonment and confiscation of anyproceeds from the crime. Articles 385-396 of the 2009 ChildCode prohibit all forms of child trafficking and prescribepenalties of five to 10 years’ imprisonment and the confiscationof any proceeds from the crime. These penalties are sufficientlystringent and commensurate with penalties prescribed forother serious crimes, such as rape. The government initiated59 new trafficking investigations, submitted 13 cases to thecourts, and successfully convicted one trafficking offenderduring the reporting period: a significant increase comparedto no anti-trafficking law enforcement activity in 2010. Twelvecases remain pending at the close of the reporting period. Thenon-functioning of the criminal courts during the reportingperiod greatly inhibited the government’s efforts to securetrafficking convictions. In June 2011, the court of appeal ofKankan confirmed a decision by the justice of the peace ofMacenta convicting a trafficking offender under Article 340(child abduction) of the penal code for kidnapping a six-year-old girl with intent to transport her to Mali. The traffickingoffender was sentenced to one year’s imprisonment and forced
174GUINEA-BISSAUto pay a fine equivalent to $70 along with court fees. Theprosecutor chose to pursue child abduction charges, as theseoffenses would not require a hearing before the criminalcourt. In September 2010, the government imprisoned aKoranic teacher for nearly burning alive a four-year-old childfor eating, without permission, the peanuts he was forced togrow for the teacher. His prosecution was delayed pending adetermination of the child’s medical condition. The Ministryof Security’s Office for the Protection of Gender, Childhoodand Morals employed approximately 56 police investigatorsthroughout the country to investigate allegations of humantrafficking and child labor; the number of trafficking casesthis unit investigated during the reporting period is unknown.The government did not provide any specialized training toits officials on the recognition, investigation, and prosecutionof human trafficking. Border guards allegedly were involvedin trafficking-related corruption, although the governmenttook no known action to address these allegations.ProtectionThe government’s protection of trafficking victims remainedlimited and difficult to assess during the reporting period.Government funding for all social programming wasconstrained by austerity measures taken to avoid fiscalinsolvency. The government reported that the Ministry ofSocial Affairs, in collaboration with local citizens, rescued 30children in 2011 – an increase from 2010 – but did not specifythe nature of the crimes committed against the children. Thegovernment reported its security forces either delivered thesechildren to local NGOs or returned them to their homes. Thegovernment did not provide trafficking victims with directaccess to legal, medical, or psychological services, and didnot provide direct or in-kind support to foreign or domesticNGOs that assisted victims; it did, however, refer on an adhoc basis an unknown number of child victims to NGOsthat provided such services. The government reported that itoperated rudimentary, multipurpose care stations at militarybases for child victims prior to their being referred to NGOs,but the services such stations provided were unclear. NGOsreported that local ad hoc systems of police referral of victimsto NGOs functioned well in certain areas of the country,and an unknown number of potential victims to NGOs andinternational organizations were referred for assistance. TheMinistry of Social Affairs’ section for at-risk children providedassistance to a few hundred children, a small number ofwhom may have been trafficking victims; however, it didnot indicate the type of assistance provided. Although it islegally available, the government did not provide temporaryor permanent residence status to victims from countrieswhere they would face retribution or hardship; it is unclearif any of the 30 identified victims were offered or requestedsuch immigration relief. The child code contains provisionsallowing NGOs to bring cases to court on behalf of victims,and the government reported that a victim could file a civilsuit against a trafficking offender provided the victim isolder than 12 years of age; however, this did not happenduring the reporting period. There was no evidence that thegovernment encouraged trafficking victims to participate inthe investigation or prosecution of their traffickers duringthe year. It is not known whether any trafficking victims wereprosecuted for violations of other laws.PreventionThe Government of Guinea did not conduct any traffickingprevention campaigns during the reporting period, althoughthe Ministry of Social Affairs updated the National Action Planto Combat Trafficking in Persons to cover through 2013. TheNational Committee to Fight against Trafficking in Persons(CNLTP) met sporadically throughout 2011. Despite theinvolvement of numerous government ministries in combatingtrafficking, the ability to share information among agenciesremains limited, and NGO observers stated that the CNLTPis chronically understaffed, poorly trained, and underpaid.Despite having a widespread problem with child labor inGuinea, the government did not implement any socialprograms to prevent children from entering exploitative worksituations, and according to NGOs, labor inspectors lackedthe capacity to adequately conduct child labor investigations.The government did not take steps to reduce the demand forcommercial sex acts.GUINEA-BISSAU(Tier 2 Watch List)Guinea-Bissau is a country of origin and destination forchildren subjected to forced labor and sex trafficking. Thescope of the problem of trafficking in adult women or men forforced labor or forced prostitution is unknown. Unscrupulousmarabouts (religious teachers), or their intermediaries, recruitboys under the pretense of offering them a Koranic education,but subsequently transport them to Senegal or, to a lesserextent, Mali or Guinea, where they are forced to beg for money.Young boys are increasingly sent to cities within Guinea-Bissau for the same purpose. Men from the regions of Bafataand Gabu – often former students of the marabouts, known astalibes – who are generally well-known within the communitiesin which they operate are the principal trafficking offenders.NGOs observed an alarming increase in overall traffickingduring the past year. Boys reportedly were transported tosouthern Senegal for forced manual and agricultural labor,girls were forced into domestic service in Bissau, the capital,and both boys and girls were forced to work as street vendorsin Bissau-Guinean and Senegalese cities. Bissau-Guinean girlsare subjected to domestic servitude in Guinea and Senegal,while a smaller number are subjected to child prostitution thesame countries, including for exploitation by internationalsex tourists.The Government of Guinea-Bissau does not fully comply withthe minimum standards for the elimination of trafficking;however, it is making significant efforts to do so. Thegovernment acknowledged that human trafficking is a problemin the country and enacted a comprehensive anti-traffickinglaw in June 2011, followed by a national plan of action forimplementing the law. It also facilitated the repatriation of120 trafficking victims from Senegal and provided a smallamount of funding to NGO shelters that provided victim care.It did not, however, pursue criminal action against traffickingoffenders during the year. Anti-trafficking awareness effortsapplied the misleading phrase “children in movement” inplace of “trafficking” in an attempt to avoid backlash fromreligious communities. Police claimed to monitor the activitiesof known trafficking perpetrators, but failed to initiate lawenforcement actions against them.
GUYANA175Recommendations for Guinea-Bissau: Focusing first onPirada and Sao Domingos, transit towns on the border withSenegal, train law enforcement officials and magistrates touse the new anti-trafficking law to investigate and prosecutetrafficking offenses; ensure that efforts to hold parentscriminally liable for sending their children with abusivemarabouts are accompanied by efforts to prosecute and convictthe unscrupulous marabouts who use talibes for forced begging;ensure that budget allocations are designated to keep prisonsfully operational with furnishings and security staff to ensurethat trafficking offenders serve prison sentences; undertakeincreased efforts to coordinate with NGOs to provide servicesto trafficking victims; increase partnership and coordinationbetween the National Institute of Women and Children(INMC) and local NGOs to advance anti-trafficking efforts;and in collaboration with NGOs, implement a public awarenesscampaign warning families about the dangers of trafficking.ProsecutionAlthough the Government of Guinea-Bissau enactedcomprehensive anti-trafficking legislation during the reportingperiod, it did not prosecute or punish any trafficking offenders.In June 2011, the Parliament passed Public Law 12/2011,which is Guinea-Bissau’s first comprehensive law againsthuman trafficking. The law prescribes penalties of three to15 years’ imprisonment and the confiscation of any proceedsfrom the crime. The 2009 Child Code prohibits all forms ofchild trafficking and prescribes penalties of three to 10 years’imprisonment and the confiscation of any proceeds from thecrime. The penalties prescribed by these statutes are sufficientlystringent and commensurate with penalties prescribed forother serious crimes, such as rape. However, neither theselaws nor other existing laws were used to prosecute traffickingcases during the reporting period.An unknown number of suspected traffickers were arrestedand possibly detained, but the government reported noinvestigations or prosecutions of trafficking offenses.During the reporting period, border police detained andquestioned five marabouts on suspicion of child trafficking,although they were eventually released and no charges werefiled against them. Observers noted that most parents oftrafficked children remained unwilling to press charges againstsuspected traffickers. Guinea-Bissau’s judicial system lackssufficient human and physical capital to function properlyand corruption remained pervasive. In contrast to previousyears, however, some prisons were staffed and functioning.The government did not provide any specialized trainingto law enforcement officials on investigating or prosecutingtrafficking crimes. During the reporting period, members of anItalian police force provided on-site training to border guards inPirada, a major trafficking route. There were no investigationsinto official government complicity, but observers believepolice and border guards accepted bribes to release traffickingoffenders from detention centers, and politicians intervenedto facilitate the release of influential religious leaders accusedof trafficking to garner political support.ProtectionThe Government of Guinea-Bissau demonstrated overallinadequate efforts to identify and protect victims during theyear, though it provided modest financial assistance to NGO-run shelters that cared for trafficking victims. NGOs reportedthat the government did not make systematic efforts to identifyvictims proactively and refer them to NGOs and internationalorganizations. Although the INMC routinely called NGOs toalert them to the arrival of repatriated trafficking victims, thegovernment offered no additional assistance. During the lastyear, the central government contributed the equivalent of$16,000 to an NGO that operated two multi-purpose shelters,and two local governments paid the salaries of security guardsfor two care facilities for previously-exploited talibes in theirjurisdictions. The Bissau-Guinean Embassy in Dakar organizedand funded the repatriation of 120 Bissau-Guinean victimsidentified in Senegal. There are reports that some childrenwho were able to escape their traffickers walked back toGuinea-Bissau from Senegal on their own; the governmentdid not provide these children with services upon their return,and there were reports that many of them ended up livingon the street. Child victims were not encouraged to assistin the investigation and prosecution of trafficking offenses;the government reported encouraging adult family membersand neighbors to participate in legal proceedings against thesuspected traffickers of their children, although none occurred.There is no evidence that the government detained, fined, orjailed trafficking victims for unlawful acts committed as aresult of being trafficked.PreventionThe government undertook minimal anti-traffickingprevention efforts during the reporting period. An inter-ministerial steering committee, chaired by INMC, met onceduring the reporting period and adopted a national actionplan for 2011-2013, which is primarily aimed at providingguidance for implementing the new anti-trafficking law.This plan also obligates the government to contribute toanti-trafficking efforts from its general funds each year.NGOs expressed concern over the lack of transparency andpartnership between the INMC and the NGO community.The government participated in NGO-led anti-traffickingawareness campaigns in the form of local workshops, radioand television announcements, informational flyers, anddoor-to-door campaigns. International donors provided thefunding for these outreach events. The government took nodiscernible measures to reduce the demand for commercialsex acts or forced labor during the year.GUYANA (Tier 2)Guyana is a source and destination country for men, women,and children subjected to sex trafficking and forced labor.Guyanese nationals have been subjected to human traffickingin other countries in the Caribbean region. Cases of humantrafficking reported in the media generally involved womenand girls in forced prostitution. Country experts expressedconcern that exploitative child labor practices occur withinthe mining industry, agriculture, and forestry sector. The
176GUYANAlimited government control of Guyana’s vast interior regions,combined with profits from gold mining and the prostitutionthat accompanies the industry provide conditions conducivefor trafficking. People in domestic service in Guyana arevulnerable to human trafficking, and instances of the commonGuyanese practice of poor, rural families sending children tolive with higher-income family members or acquaintances inmore populated areas creates conditions conducive to domesticservitude. Guyanese from rural, economically depressed areasare particularly vulnerable to trafficking in mining areas andurban centers. There is additional concern that young Brazilianwomen in prostitution are vulnerable to trafficking as well.The Government of Guyana does not fully comply with theminimum standards for the elimination of trafficking; however,it is making significant efforts to do so. The governmentdemonstrated increased efforts to identify and assist traffickingvictims. There were no prosecutions of trafficking offendersand there was no reported progress on prosecutions initiatedin previous reporting periods, highlighting serious concernsabout a lack of accountability for trafficking offenders inGuyana. The absence of formal standard operating proceduresto guide officials in victim identification and protection,disincentives for reporting and working on trafficking cases,as well as lack of action to address perceived official complicity,were also obstacles to progress.Recommendations for Guyana: Boost efforts to holdtrafficking offenders accountable by vigorously andappropriately investigating and prosecuting forced prostitutionand forced labor, including police, customs, and immigrationofficers complicit in trafficking; in partnership with NGOs,develop standard operating procedures to guide and encouragefront line officials, including police, health, immigration,labor, mining, and forestry personnel in the identificationand protection of forced labor and forced prostitution, ensuringthat victims are not punished for crimes committed as a resultof being in a trafficking situation; foster a climate of opendialogue on trafficking and encouraging people to comeforward to authorities on potential cases; and considerdeveloping a working level task force to complement the policylevel task force that would be able to coordinate the day-to-day efforts of law enforcement, NGOs, prosecutors, as wellas labor, health, mining, and forestry officials to addressobstacles, plan strategy, and work together on specific cases.ProsecutionThe government made no discernible progress in holdinghuman trafficking offenders in Guyana accountable duringthe reporting period. The Combating Trafficking of PersonsAct of 2005 prohibits all forms of trafficking and prescribessufficiently stringent penalties, ranging from three years’ tolife imprisonment. The penalties are commensurate withpenalties prescribed for other serious crimes, such as rape. Thegovernment reported 13 trafficking reports during the yearbut reported initiating only two new trafficking investigations.Authorities reported no new prosecutions or convictions. Oftwo sex trafficking prosecutions initiated in previous years,one remained pending, and one was dismissed.There were many challenges to achieving successfulprosecutions in Guyana. In almost all cases, the governmenttreated trafficking as a summary offense in the lower courts,where cases are often dismissed, indicating a lack of severityassigned to the crime of trafficking. Guyana’s legal systemsuffered from a severe case backlog in all areas that limits theefficiency and effectiveness of the system; repeated delays innearly all criminal prosecutions increased the likelihood thatvictims would become discouraged and cease cooperation aswitnesses in trafficking prosecutions. Perceived corruption andlow public confidence in the Guyana Police Force also wereproblems. The government’s public insistence that humantrafficking in not a significant problem in the country createda potential disincentive for police and court officials to addresstrafficking cases. There was evidence that people could bepenalized for reporting suspected human trafficking crimesto the police. The press reported that police arrested a motherimmediately after she reported concern that her daughter wasin forced prostitution.ProtectionThe government made efforts to protect victims of traffickingduring the reporting period. Specifically, in a positive step,the government was able to document that it identifiedand assisted an increased number of sex trafficking victimsduring the reporting period. Officials reported identifying13 sex trafficking victims and assisting six of these duringthe reporting period, compared with three sex traffickingvictims identified and assisted during the previous reportingperiod. For another year, the government did not identify anyvictims of forced labor, raising concerns that the governmentdid not employ systematic procedures to guide front-lineresponders, such as police, mining officials, forestry officials,labor inspectors, and health officials, in identifying victimsof human trafficking. Trafficking victims in Guyana faceddisincentives to seek help from authorities due to fear ofretribution from trafficking offenders and fear of arrest.The government estimated that it spent the equivalent ofapproximately $7,500 toward trafficking victim assistanceduring the reporting period. The government had an unsignedmemorandum of understanding with a domestic violenceNGO in Georgetown to provide shelter and other assistance;the NGO assisted the six sex trafficking victims referred toit by authorities during the reporting period. There were noshelter facilities in other areas of the country. In accordancewith Guyana’s anti-trafficking law, there are legal alternativesto the removal of foreign victims to their home countrieswhere they may face hardship or retribution. Highlighting theneed for standard operating procedures to guide authorities inthe identification and handling of potential trafficking cases,there was evidence that some potential trafficking victimswere penalized for crimes committed as a result of beingin a trafficking situation. Following anti-trafficking raids ofbrothels in 2011, some foreign women in prostitution werejailed and deported immediately for immigration violations,without the involvement of an NGO or concerted efforts toidentify possible trafficking victims. Local observers havenoted that other potential child victims may have been sentto the juvenile detention center.
HAITI177PreventionThe government made limited progress in preventing humantrafficking during the reporting period. The governmentcontinued to focus its public comments on the scope ofGuyana’s trafficking problem, maintaining that it is limited,rather than fostering an open dialogue to build publicawareness of the potential for trafficking and how to identify,report, and prevent cases. Minimizing the existence of humantrafficking hindered the progress of trafficking awarenesscampaigns, which were largely donor driven and funded. AnNGO that received government funding operated a hotlinethat had operators trained to assist trafficking victims. Thegovernment has not updated its national action plan to combattrafficking in persons since 2005. The Ministry of HomeAffairs was the lead agency for combating human trafficking,with the minister of Home Affairs serving as chair of thegovernment’s national task force for combating trafficking inpersons. The Ministry of Labor, Human Services, and SocialSecurity was the lead agency for victim related issues andchild labor. Officials did not report any measures to reducethe demand for commercial sex acts during the reportingperiod. There were no reports that Guyana was a significantsex tourism destination.HAITI (Tier 2 Watch List)Haiti is a source, transit, and destination country for men,women, and children subjected to forced labor and sextrafficking. Many of Haiti’s trafficking cases are the estimated150,000-500,000 restaveks – the term for children in forceddomestic service. The majority of children that become restaveksdo so when recruiters arrange for them to live with families inother cities and towns in the hope of going to school. Restaveksare treated differently from other non-biological childrenliving in households; in addition to involuntary servitude,these children are particularly vulnerable to beatings, sexualassaults, and other abuses by family members in the homesin which they are residing. Dismissed and runaway children,many of whom were former restaveks, as well as many restaveksdisplaced by the 2010 earthquake, make up a significantproportion of the large population of street children whoend up forced into prostitution, begging, or street crime byviolent criminal gangs in Haiti. There were some incidents offoreigners procuring child commercial sex acts, including atleast two incidents of sexual exploitation and abuse reportedby the UN Stabilization Mission in Haiti (MINUSTAH). Therehave been documented cases of Dominican women in forcedprostitution in Haiti.NGOs monitoring the Haitian-Dominican border reportedthat children frequently cross the border illegally, often inthe company of an adult who is paid to pretend to be thechild’s parent or guardian until they get to the other side.Some of these children are reunited with parents workingin the Dominican Republic, but others are believed to beforced into organized begging rings or in domestic servitude.Authorities have also reported regularly seeing trucks full ofchildren heading for the border, as well as “mobile brothel”trucks containing people in prostitution, driving from townto town and across the Haitian-Dominican Republic border.Haitian men, women, and children also are subjected toforced labor and sex trafficking in the Dominican Republic,other Caribbean countries, the United States, and SouthAmerica. The groups most at risk to trafficking were those fromthe lowest income backgrounds, especially undocumentedHaitians. One Haitian government report estimated that thebirths of more than 10 percent of Haitians were not registered.The Government of Haiti does not fully comply with theminimum 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, Haiti is placed on Tier2 Watch List. The absence of strong legislation criminalizingall forms of human trafficking and related policies or lawson victim protection severely limited the government’s abilityto prosecute trafficking offenders and protect victims. Stillrecovering from the 2010 earthquake, coordination of anti-trafficking activities remained a challenge and support forvictims was almost exclusively donor funded because of thelack of capacity in existing and weak government institutions.However, government officials worked with NGOs to rescuechild trafficking victims.Recommendations for Haiti: Enact legislation prohibitingsex trafficking and all forms of forced labor, including domesticservitude, with penalties that are proportionate to otherserious crimes such as rape; investigate, prosecute and convicttrafficking offenders, including persons abusing restaveks orprostituting children under 18, using available legalinstruments; adopt laws or policies to guarantee victims arenot punished for crimes committed as a direct result of beingtrafficked; in partnership with NGOs, adopt and employformal procedures to guide officials in proactive victimidentification and referral of child and adult victims toappropriate shelters and services; raise awareness throughhigh-level public statements to inform the public about thecauses and consequences of forced labor and forced prostitution;and establish an inter-ministerial task force to plan andcoordinate the government’s anti-trafficking efforts.ProsecutionThe government did not make discernible progress inprosecuting traffickers during the reporting period becauseHaiti does not have a law or laws specifically prohibitingtrafficking in persons. Draft human trafficking legislationremained pending in Parliament during the reporting period.There were some laws that could potentially be used toprosecute some trafficking offenses, such as the Act on theProhibition and Elimination of All Forms of Abuse, Violence,Ill-treatment or Inhumane Treatment against Children of2003, but the government did not report any prosecutionsor convictions of any trafficking offenders in Haiti underthis law or under any other statutes during the reportingperiod. The Brigade for the Protection of Minors (BPM), thegovernment agency responsible for investigating crimes againstchildren, reported initiating 42 cases of child trafficking,resulting in 25 arrests during the reporting period. During
178HONDURASthe reporting period, the Haitian government attempted toextradite to the Dominican Republic a person charged withtrafficking; however, because no extradition agreement existsbetween the two countries and there was no clear law againsttrafficking in Haiti, authorities released the individual aftera two-week detention period without charge. The absence oflegislation also contributed to confusion among elementsof the Haitian government and some of its internationaldonors regarding the crimes of human smuggling, humantrafficking, and illegal adoption. In addition to the absence oftrafficking legislation, other impediments included widespreadcorruption; the lack of quick responses to cases with traffickingindicators; the slow pace of the judicial branch to resolvecriminal cases; scant funding for government agencies; andlow government capacity in general. Specialized training forofficials on assisting trafficking victims and investigatinghuman trafficking was limited during the reporting period,but officials participated in training that addressed traffickingsponsored by international organizations, NGOs, and foreigndonors, including one training bringing together Dominicanand Haitian officials.ProtectionThe government made limited progress in the protectionof trafficking victims during the reporting period. Thegovernment did not track data regarding trafficking victimidentification and lacked formal victim identification andassistance procedures and resources. NGOs working withthe government were able to identify over 1,000 traffickingvictims during the reporting period. The government did notprovide direct or specialized services to trafficking victims;however, the government referred suspected cases to donor-funded NGOs which provided shelter, food, medical, andpsychosocial support. NGOs reported that they had goodworking relationships with individual government officials,and the leadership of BPM and the government’s socialwelfare ministry (IBESR) expressed commitment to helpingchild trafficking victims during the reporting period. Dueto budgetary limitations, one senior official used personalfunds to provide food for child trafficking victims. One NGOreported that the government assisted it in the safe repatriationof 20 child trafficking victims to their biological families orlegal guardians during the reporting period. The governmentdid not have formal trafficking victim protection policies toencourage victims to assist in the investigation and prosecutionof trafficking offenders. Moreover, the government did notprovide immigration relief for foreign victims of humantrafficking facing retribution in the countries to which theywould be deported or legal protections to ensure victims werenot punished for crimes committed as a direct result of beingin a human trafficking situation.PreventionEfforts to prevent new incidents of human trafficking in Haitiwere largely driven by international organizations and NGOs.There were no reports of government funded anti-traffickinginformation campaigns conducted or hotlines establishedduring the reporting period. The government did not havea national plan of action to address trafficking in persons ina strategic way; officials expressed the desire to put togethersuch a plan. No single agency or official had the lead in anti-trafficking efforts, and there was no inter-ministerial groupto coordinate the government’s response to forced labor andsex trafficking. In an action that helped to prevent abuse ofchildren and child trafficking, the newly installed head ofIBESR closed several unregulated children care centers. Therewere no known measures by the government taken during thereporting period to reduce the demand for commercial sex acts.HONDURAS (Tier 2)Honduras is principally a source and transit country for men,women, and children subjected to sex trafficking and forcedlabor. Honduran victims are often recruited from rural areaswith false offers of employment and later subjected to sextrafficking in urban and tourist centers, such as Tegucigalpa,San Pedro Sula, and the Bay Islands. Honduran women andchildren are exploited in sex trafficking in Guatemala, ElSalvador, Mexico, Belize, and the United States. To a lesserextent, women and girls from neighboring countries areexploited in sex trafficking in Honduras. There have also beenreports of rural families leasing out their children, who arethen exploited in forced labor, including forced begging andcommercial sexual exploitation in urban areas. NGOs reportincidents of forced labor in Honduras in agriculture anddomestic service. Honduran men, women, and children arealso subjected to forced labor in other countries, particularlyin Guatemala, Mexico, and the United States; some of thesemigrants are exploited en route to or within the United States.Over the last year, officials, NGOs, and the media reportedthat an increase in cases in which young males in urban areaswere coerced and threatened by gang members to transportdrugs. In addition to anecdotal reports of incidents in theBay Islands, Honduran authorities have identified child sextourists in La Ceiba, San Pedro Sula, and Siguatepeque.The Government of Honduras does not fully comply with theminimum standards for the elimination of trafficking; however,it is making significant efforts to do so. These efforts includedsustained, modest law enforcement efforts against child sextraffickers and the drafting and the passage of a comprehensiveanti-trafficking law. However, government funding for victimservices remained inadequate, efforts against forced labor wereweak and impeded by the lack of criminal penalties duringthe year, and authorities did not employ proactive methodsto identify trafficking victims among vulnerable populations.Recommendations for Honduras: Vigorously implementthe new comprehensive anti-trafficking law; increase effortsto investigate and prosecute all trafficking offenses, includingforced labor crimes and forced prostitution of adult victims,and increase the number of trafficking offenders convicted andsentenced; ensure that specialized services and shelter areavailable to trafficking victims through dedicated funding,either to government entities or civil society organizations;increase resources and staff for the dedicated police andprosecutorial units; develop and implement formal proceduresfor identifying victims among vulnerable populations andreferring them to service providers; continue to increase training
HONDURAS179on victim identification and assistance for immigration andlaw enforcement officers, labor inspectors, prosecutors, judges,and social workers; improve data collection on law enforcementand victim protection efforts; enhance government planningand coordination mechanisms, perhaps through passing anational plan; and continue to raise awareness about all formsof human trafficking.ProsecutionThe Government of Honduras demonstrated uneven anti-trafficking law enforcement efforts over the last year. Whileit maintained efforts to investigate and punish sex traffickingcrimes involving children and passed comprehensive anti-trafficking legislation prohibiting forced labor, its efforts toinvestigate cases of sex trafficking of adults or forced laborremained weak. In April 2012, Congress passed a comprehensiveanti-trafficking law that prohibits all forms of trafficking, as wellas establishes more robust victim protections and interagencycooperation. The law also prohibits illegal adoption, a crimethat is distinct from human trafficking, per the 2000 UNTIP Protocol. The law prescribes penalties ranging from 10to 22.5 years’ imprisonment, which are sufficiently stringentpunishments and commensurate with those prescribed forother serious crimes, such as rape. Prior to this, Hondurasprohibited forced prostitution through aggravated circumstancesin Article 149 of its penal code, which prescribes penaltiesranging from 12 to 19.5 years’ imprisonment. It did not, however,specifically prohibit forced labor. The government maintaineda law enforcement unit dedicated to investigating humantrafficking and human smuggling crimes; this unit consistedof 10 investigative officers, all based in the capital. The Officeof the Special Prosecutor for Children handles all traffickingcases, including those involving adults. This unit’s effectivenesswas hampered, however, by limited staff and funding; therewere only two prosecutors, four analysts, and two investigatorsresponsible for investigating trafficking crimes, as well as allcrimes against children.There were 48 new investigations and 162 pending investigationsinto human trafficking complaints during the reportingperiod. Authorities reported prosecuting and convicting sixsex trafficking offenders in 2011, although it was unclear whatstatutes these cases were prosecuted under, or if they were allhuman trafficking convictions. Convicted offenders receivedsentences ranging from three to 19 years’ imprisonment, plusfines. In comparison, authorities reported prosecuting 26trafficking cases and obtained three convictions during theprevious year. The lack of specific prohibitions against forcedlabor remained a significant impediment in law enforcementefforts. The government did not report any investigations,prosecutions, convictions, or sentences of public officials forcomplicity in human trafficking. NGOs and internationalorganizations continued to deliver most of the anti-traffickingtraining available to government officials; immigration officialsreceived information on how to identify trafficking victims,municipal employees were trained on how to receive andrefer trafficking complaints, and cadets at the national policeacademy received training on how to identify and respond totrafficking cases.ProtectionThe Honduran government provided minimal services totrafficking victims during the year, although it continued torefer victims to NGOs for care. Honduran authorities continuedto lack systematic procedures to identify trafficking victimsamong vulnerable populations, such as people in prostitution.A network of NGOs reported identifying over 90 victims duringthe reporting period, whereas authorities identified only 16victims through law enforcement efforts. The governmentdid not fund dedicated shelters or services for traffickingvictims. Honduran officials generally referred traffickingvictims to NGO facilities on an ad hoc basis; these facilitiesdid not receive funding from the government. Although thegovernment continued to offer child victims limited medicaland psychological assistance at three government shelters forat-risk children, officials did not record the number of childtrafficking victims who received services at these facilities.NGOs have provided services to adult victims of trafficking inHonduras, including repatriated Honduran victims, althoughgovernment funding for adult victim services was practicallynonexistent. The only government-provided shelter accessible toadult male victims was the migrant detention center, which wasnot appropriate for victims of trafficking. Government-fundedvictim services were largely limited to the delivery of basicmedical, psychological, and dentistry services to some victimsat government health facilities; these services are available toall Honduran citizens.Victims were encouraged to assist in the investigation andprosecution of trafficking offenders, and an unknown numberdid so during the reporting period. Some trafficking victimsdeclined to cooperate, however, due to distrust in the judicialsystem, particularly its ability to ensure their personal safety.There were no reports of identified victims being penalized forunlawful acts committed as a result of their being trafficked.The government did not report systematically offering foreignvictims legal alternatives to their removal to countries wherethey may face hardship or retribution, although victims couldbe granted temporary residency as refugees or migrant workers.However, authorities reported that no foreign victims appliedfor this status during the year.PreventionThe government maintained limited efforts to prevent humantrafficking during the reporting period through partnershipswith civil society organizations. The Inter-InstitutionalCommission on the Commercial Sexual Exploitation andTrafficking of Children, which is composed of governmentagencies, NGOs, and international organizations, served asthe interagency coordinating body, and met 17 times in 2011.The commission drafted and presented the comprehensiveanti-trafficking bill to the Honduran Congress during the year.The government maintained a national hotline for traffickingvictims to obtain information and assistance; the hotline wasadministered by the anti-trafficking police unit. The governmentreported no investigations, prosecutions, or convictions of childsex tourists during the year. The government did not reportefforts to reduce the demand for forced labor or commercialsex acts.
180HONGKONGHONG KONG (Tier 2)The Hong Kong Special Administrative Region (HKSAR) ofthe People’s Republic of China is a source, destination, andtransit territory for men, women, and teenage girls fromHong Kong, mainland China, the Philippines, Indonesia,Thailand, Vietnam, Nepal, Cambodia, and elsewhere inSoutheast Asia, subjected to sex trafficking and forced labor.Some migrants are lured to Hong Kong by criminal syndicatesor acquaintances with promises of financial rewards and aredeceived about the nature of prospective work. Upon arrival inHong Kong, these migrants are forced into prostitution to repaymoney owed for their passage to Hong Kong. According to anNGO and press reports, some victims of sex trafficking havebeen psychologically coerced into prostitution by traffickingoffenders who threaten to reveal photos or recordings of thevictims’ sexual encounters. Some foreign domestic workersin the territory, particularly those from Indonesia and thePhilippines, face notable indebtedness assumed in theirhome countries as part of the terms of job placement, whichhave the potential to lead to situations of debt bondage.Foreign domestic workers from the Philippines and Indonesiaare generally charged the equivalent of $1,950 and $2,725,respectively, by recruiters in their home countries. These debtsmay comprise more than 80 percent of workers’ salaries for thefirst seven to eight months of employment. During that period,some workers may be unwilling to report abusive employersfor fear of losing their jobs. Several of Hong Kong’s domesticworker employment agencies have charged fees in excess ofHong Kong law and illegally withheld passports, employmentcontracts, and bank debit cards of domestic workers untiltheir debt has been paid – factors that could facilitate labortrafficking in the territory.The HKSAR Government does not fully comply with theminimum standards for the elimination of trafficking; however,it is making significant efforts to do so. The government madeno discernible progress over previous years in law enforcementefforts against sex trafficking or forced labor; it secured sixsex trafficking convictions and no forced labor convictions.The government identified 12 trafficking victims duringthe reporting period, and while it trained law enforcementon investigating trafficking, the continued lack of a single,comprehensive law to prohibit all forms of trafficking andprotect victims impeded results.HONG KONG TIER RANKING BY YEAR2005 2006 2007 2008 2009 2010 2011 2012Recommendations for Hong Kong: Enact a stringent,comprehensive anti-trafficking law that prohibits all formsof trafficking and defines terms according to establishedinternational standards as set forth in the 2000 UN TIPProtocol; ensure adequate procedures are in place to guideofficials in proactively identifying forced labor and sextrafficking victims among vulnerable populations and referringthem to available services; grant victims permission to workand study while participating in trafficking investigations andprosecutions; develop a national action plan to commitresources and develop a clear, overarching strategy to combattrafficking; convene regular meetings of the Security Bureauand other agencies comprising the anti-trafficking workinggroup to more proactively develop efforts to combat trafficking;continue to publicize the availability of these protective serviceresources among vulnerable populations, such as foreigndomestic workers; and educate law enforcement, judges,authority officials, and the public on trafficking definitionsin line with established international standards.ProsecutionThe Hong Kong government made no discernible progressin their anti-trafficking law enforcement efforts during thereporting period. The Hong Kong government continuedoutdated interpretation of trafficking as a phenomenon ofmovement for prostitution and the lack of a specific criminalprohibition on forced labor hindered anti-trafficking lawenforcement efforts. Inconsistent with the 2000 UN TIPProtocol’s definition of human trafficking, Section 129of the Crimes Ordinance, which prohibits “trafficking inpersons to or from Hong Kong,” requires an element oftransnationality in the offense and focuses on movement ofpersons into or out of Hong Kong for prostitution regardless ofwhether force, fraud, or coercion has been used. Section 129’sprescribed penalty of 10 years’ imprisonment is sufficientlystringent and commensurate with penalties prescribed forother serious crimes, such as rape. Other sections of HongKong’s Immigration Ordinance, Crimes Ordinance, andEmployment Ordinance, however, were used to prosecutetrafficking offenses during the reporting period. During theyear, The Hong Kong government reported the conviction ofsix offenders under Crimes Ordinance Section 130 – whichprohibits forced prostitution but no convictions of forced labor.The government did not report any investigations, arrests,prosecutions, or convictions of government officials complicitin trafficking offenses. While the government providedtraining to 300 police officers during the reporting periodon conducting anti-trafficking investigations, such trainingwas limited by Hong Kong’s outdated anti-trafficking laws.ProtectionThe Hong Kong government continued its efforts to protecttrafficking victims during the reporting period by identifying 12sex trafficking victims. The Hong Kong government continuedits outreach within the foreign domestic worker communityto identify victims of forced labor or sexual abuse, but thegovernment did not identify any victims of forced labor duringthe reporting period. A local NGO and consulate identifiedone victim of forced labor who remained jailed at the end ofthe reporting period for immigration and labor violations. Lawenforcement and social services officials reportedly followedsystematic procedures in identifying the full range of potentialtrafficking victims, particularly among high-risk populationssuch as foreigners arrested for prostitution or immigrationviolations, although the low number of trafficking victimsidentified by the government and the imprisonment of a forcedlabor victim raised concerns about the effectiveness of theseprocedures. The government subsidized six NGO-run sheltersand three government-owned and operated shelters thatserve victims of abuse, violence, exploitation, and trafficking.These shelters provided temporary free accommodations,counseling, and access to public hospital services to the 12identified victims during the reporting period. Services wereavailable for local and foreign men and women, as well as
HUNGARY181children. The government claimed that it encouraged victimsto participate in the investigation and prosecution process;however, the government did not permit victims to work whileremaining in Hong Kong to participate in trials, and HongKong does not specifically allow for permanent residencystatus for cases in which repatriation may constitute a risk ofhardship or retribution. While victims have the ability to filecivil charges for compensation against their traffickers, therewere no such cases in which this occurred.PreventionHong Kong continued efforts to prevent trafficking in personsduring the reporting period. In February 2011, a Hong Kongimmigration officer participated in the Indonesian consulate’smonthly orientation program for new foreign domestic workersand educated the workers on their rights under Hong Kong law.The Labor Department organized a number of seminars forforeign domestic worker employment agencies on regulationsthose agencies must follow, including penalties for withholdingtravel documents and underpaying wages. The Hong Konggovernment continued to disburse anti-trafficking pamphletsin six different languages aimed at educating the publicon trafficking issues. The Labor Department also widelydistributed information packets for foreign domestic workers ineight different languages discussing ways to prevent and reporthuman trafficking. The government continued to providenew foreign domestic workers arriving at the airport withinformation on preventing trafficking, which was availablein multiple languages. The Security Bureau coordinated HongKong’s anti-trafficking efforts through leadership of a workinggroup that involved several other agencies; the working groupmet one time during the reporting period. The Hong Konggovernment reported no efforts to prevent or combat child sextourism. Hong Kong is not a party to the 2000 UN TIP Protocol.HUNGARY (Tier 2)Hungary is a source, transit, and destination country forwomen and girls subjected to sex trafficking and a sourcecountry for men and women subjected to forced labor. Womenfrom Hungary are forced into prostitution in the Netherlands,Switzerland, the United Kingdom (UK), Denmark, Germany,Austria, Italy, Norway, Spain, Ireland, Belgium, Greece, andthe United States. Women from eastern Hungary are subjectedto forced prostitution in Budapest and in areas of Hungaryalong the Austrian border. Roma women and girls who growup in Hungarian orphanages are highly vulnerable to sextrafficking within the country. Men and women from Hungaryare subjected to conditions of forced labor in the UK, Spain,Canada, and the United States, as well as within Hungary.During the last year, government officials reported an increasein forced labor cases. Women from Slovakia, Romania, Moldova,Poland, Ukraine, and China are transported through Hungaryto the Netherlands, the UK, Denmark, Germany, Austria, Italy,Switzerland, France, and the United Arab Emirates wherethey are subsequently subjected to forced prostitution; someof these victims may be exploited in Hungary before theyreach their final destination country. Romanian women andchildren are subjected to sex trafficking in Hungary. Men fromWestern Europe travel to Budapest for the purpose of adultsex tourism, which may sometimes involve the exploitation oftrafficking victims. Roma are disproportionately representedamong trafficking victims in Hungary.The Government of Hungary does not fully comply withthe minimum standards for the elimination of trafficking;however, it is making significant efforts to do so. In 2011, thegovernment increased its anti-trafficking investigations andcourts strengthened penalties for some convicted traffickingoffenders. Furthermore, the government remedied a previousshortcoming by providing year-round funding to an NGOassisting trafficking victims. During the year, however, theparliamentary commissioner for civil rights reported thatHungarian police treated children found in prostitutionas offenders, reflecting a serious misunderstanding of theinternationally recognized definition of child sex trafficking.Furthermore, the overall conviction rate for traffickingoffenders continued to decline and the government providedlimited assistance to victims. Finally, the government didnot vigorously investigate or prosecute trafficking-relatedcomplicity, which hampered its ability to investigate traffickingand identify victims.HUNGARY TIER RANKING BY YEAR2005 2006 2007 2008 2009 2010 2011 2012Recommendations for Hungary: Develop, implement, andsupport victim assistance programs for all trafficking victimsin Hungary and increase incentives for victims to voluntarilycooperate with law enforcement; increase efforts to prosecutetrafficking offenses and convict and punish traffickingoffenders while ensuring the human rights of victims; designatespecific national-level funding for trafficking victim assistance;improve anti-trafficking training for local police to ensurechildren in prostitution are not treated as offenders andpunished for unlawful acts committed as a direct result ofbeing trafficked; amend the criminal code to ensure necessarycompliance with international standards – including throughrevising Paragraph 175/b which requires proof that a victimis bought or sold – with a view toward increasing investigationsand prosecutions of trafficking; institutionalize partnershipswith NGOs, including those representing Roma, on victimidentification and assistance in order to achieve a more victim-centered approach to addressing trafficking in Hungary; andconsider establishing specialized prosecutors and judges tolitigate trafficking cases.ProsecutionThe Hungarian government demonstrated some improvementsin its law enforcement efforts by increasing its investigationsof trafficking cases in 2011. Hungary prohibits all forms oftrafficking through Paragraph 175/b of its criminal code.Prescribed penalties range from one to 20 years’ imprisonment,which are sufficiently stringent and commensurate with thoseprescribed for other serious crimes, such as rape. Hungarianofficials and outside experts continued to cite the narrowscope of Hungary’s trafficking laws and a precedent set bythe Hungarian Supreme Court – specifically that a victim ofhuman trafficking must have either been bought or sold byanother person, or that direct or recently committed violenceas opposed to the use of psychological coercion or abuseof a position of vulnerability had been used as a form ofcoercion – for creating overly strict evidentiary requirements
182ICELANDfor prosecutors to prove the crime of human trafficking.Because of these legal hurdles, prosecutors continued to useother statutes to prosecute trafficking offenders, which carrylighter sentences that the trafficking statute. Police increasedthe number of investigations of trafficking cases in 2011,initiating 18 new trafficking investigations, including twoforced labor investigations. This is an improvement fromeight investigations initiated in 2010. Courts prosecuted andconvicted eight sex trafficking offenders in 2011, a decline from12 convicted trafficking offenders in 2010 and a sustaineddecline from 23 convicted offenders in 2009. As opposedto the previous year, the courts did not convict any labortrafficking offenders in 2011. Sentences for the eight convictedoffenders ranged from a one-year suspended sentence tonine years’ imprisonment. There continued to be a lack ofspecialized judges and prosecutors for trafficking cases, andfew county police officers were trained in combating trafficking.The government did not provide data on any investigationsor prosecutions of trafficking-related complicity. However,a 2011 report based on interviews with survivors of sextrafficking contained reports of police discouraging victimswho sought help from pursuing criminal cases. Further, thereport contained strong indications of trafficking-relatedcomplicity, including reports of officers physically abusing andhumiliating trafficking victims and not taking action whenvictims disclosed the names of their pimps. Country expertsreported that police often failed to investigate trafficking casesthat involved Roma victims.ProtectionThe Hungarian government demonstrated some progress in itsprotection of trafficking victims in 2011. During the reportingperiod, the government reported identifying 34 victims inHungary; the Hungarian Consular Services identified 90additional Hungarian victims abroad. The government didnot offer evidence that it provided reintegration assistanceupon these victims’ return to Hungary; according to countryexperts, there were no government social services available forrepatriated victims. One NGO reported that the governmentonly formally recognized trafficking victims if they agreed totestify in court and that NGOs must finance any care providedto victims during the 30-day reflection period during whichvictims may decide whether to participate in legal actionsagainst their traffickers. While the government providedan amount equivalent to $27,000 for the operation of anNGO shelter for victims of trafficking – which providedassistance to 24 Hungarian victims in 2011 – it failed to renewits contract with this NGO once the year ended. AnotherNGO provided separate assistance to 15 victims and IOMassisted in the repatriation of 20 Hungarian victims exploitedabroad. Moreover, the government’s Victim Support Serviceassisted 14 victims from the UK, Switzerland, the Netherlands,and Germany, who had been exploited within Hungary. Anombudsman report issued in December 2011 exposed adeep misunderstanding among Hungarian authorities ofchild trafficking issues and highlighted the problem of policetreating children in prostitution as perpetrators, as opposedto victims of trafficking. One NGO reported that more than100 Hungarian children were charged with solicitation forprostitution over an eight-month period in 2011. Furthermore,the same NGO reported that at least 16 potential traffickingvictims, including 11 Romanians, were charged and prosecutedfor begging offenses.The government did not provide adequate incentives forvictims to participate in the investigation and prosecutionof their traffickers in 2011. The government offered foreignvictims a 30-day reflection period to decide whether to assistlaw enforcement; however, no foreign victims applied for orreceived this temporary immigration relief in 2011. NGOscontinue to report that a 30-day reflection period is insufficienttime for victims to work through the trauma and decidewhether to testify against their exploiters. Foreign victimsmay apply for a six-month temporary residency permit if theychoose to cooperate with law enforcement. Country expertsnoted concerns in 2011 that victims who chose not to assistlaw enforcement were forced to testify; other victims continuedbe charged for violating prostitution, labor, or migration laws.PreventionTheGovernmentofHungarydemonstratedsomeimprovementsin its efforts to prevent human trafficking. In December 2011,the national coordinator chaired an NGO roundtable toimprove the work of the National Coordination Mechanism.In May 2011, the Office of the Prosecutor General fundedand organized anti-trafficking training for county prosecutoroffices. The government did not demonstrate transparency andaccountability in its anti-trafficking efforts by systematicallymonitoring or assessing these efforts during the reportingperiod. However, in November 2011, it launched a new websitelisting information on its anti-trafficking efforts, indicators oftrafficking, and checklists for Hungarians planning on workingabroad. The government did not undertake specific measuresto reduce the demand for commercial sex acts during thereporting period. The government provided anti-traffickingtraining to Hungarian crisis management troops prior to theirdeployment abroad on international peacekeeping missions.ICELAND (Tier 1)Iceland is a destination and transit country for womensubjected to forced prostitution. Some reports maintain Icelandalso may be a destination country for men and women who aresubjected to conditions of forced labor in the restaurant andconstruction industries. Female victims of human traffickingin Iceland come from Eastern Europe, Russia, Africa, andBrazil. These victims may stay for several months before beingtrafficked onward, while others may spend only a few daysin Reykjavik before moved abroad. Authorities suspect theinvolvement of organized crime in trafficking.The Government of Iceland fully complies with the minimumstandards for the elimination of trafficking. The Icelandicgovernment increased the maximum criminal penalty forhuman trafficking offenses from eight years of imprisonmentto 12 years, a penalty that obliges Icelandic police to holdhuman trafficking suspects in pre-trial detention without bail.The government provided funding for a new shelter to aid thelong-term reintegration of trafficking victims that openedin September 2011. During the year, victim identificationbecame a core part of the curriculum at the national policecollege, and NGOs reported victims were more knowledgeableabout available services due to the Icelandic police followingformal guidelines for victim identification created in 2010.Nevertheless, the number of victims identified dropped thisyear and no cases were prosecuted. The Government of Iceland
ICELAND183continued to develop a public awareness campaign, which ithad not yet launched at the time of this report.Recommendations for Iceland: Vigorously investigate,prosecute, and convict trafficking offenders; continue toformalize victim identification and care procedures for allcare providers; expand training on proactive identificationand referral of victims to prosecutors, labor inspectors, andhealth officials; conduct an awareness and preventioncampaign focused on both sex and labor trafficking and thedemand for both forms of trafficking; provide specializedtraining to the national emergency hotline operators onresponding to trafficking calls; and consider establishing ahotline for reporting suspected instances of human trafficking.ProsecutionThe Government of Iceland strengthened its legal frameworkon human trafficking during the reporting period, though itdid not initiate any prosecutions or convict any traffickingoffenders. Iceland prohibits both sex and labor traffickingunder Article 227a of its criminal code. In June 2011, theIcelandic parliament passed legislation that raised themaximum penalty for human trafficking, prescribed byArticle 227a, from eight years of imprisonment to 12 years,which is sufficiently stringent and commensurate withpenalties prescribed for other serious crimes such as rape.The stricter penalty enables police and prosecutors to holdhuman trafficking suspects during pre-trial detention, whichgovernment officials had noted prior to the new legislationas an obstacle in criminal trafficking investigations. Policeconducted two trafficking investigations during the reportingperiod, the same number of investigations initiated in theprevious year. However, one of the investigations did notproduce evidence sufficient for prosecution; the other wasongoing at the time of this report. Icelandic authorities didnot initiate any other trafficking prosecutions during thereporting period, nor did they achieve any convictions. Lastyear, they similarly did not initiate any prosecutions norconvict any trafficking offenders. The Government of Iceland’sSpecialist and Coordination Team for Human Traffickingcoordinated law enforcement efforts as well as other inter-governmental anti-trafficking projects. Due to governmentbudgetary constraints in the wake of the country’s economiccrisis, resources for overall law enforcement shrank, whichincluded a reduction in the total number of police officers.Several reports from NGOs suggested that the police could bemore vigorous in initiating human trafficking investigations.The government did not report the investigation, prosecution,conviction, or sentencing of any government official allegedlycomplicit in trafficking. Icelandic authorities continued tohold classes for students at the national police college onrecognizing victims; investigating human trafficking issueswill become a core part of the curriculum at the college in 2012.The police have also received “passenger analysis” trainingthat they employ at the airports to assist in identification ofpotential trafficking victims. Additionally, the governmenthas sent senior Keflavik International Airport officials andborder police to anti-trafficking courses abroad, for exampleat the European Police Academy, as well as to conferenceson human trafficking sponsored by OSCE and the NordicCouncil of Ministers.ProtectionThe Icelandic government sustained robust efforts to protecttrafficking victims, yet victim identification efforts showedneed for improvement. The government granted the equivalentof $79,100 to an NGO that opened a long-term shelter inSeptember 2011 for women who were victims of traffickingor who have been in prostitution and are making an effortto transition to a different life. The shelter has a capacityfor housing four to six women. The government allocatedthe equivalent of an additional $345,000 to a domesticviolence shelter that was available to house trafficking victims.Victims of trafficking were permitted to leave the sheltersunchaperoned and at will. The government did not offer maletrafficking victims specialized services, though they had accessto general social services. In cases involving unaccompaniedchildren, municipal and state child protection services areresponsible for assistance. The government offered free healthcare and legal aid to all trafficking victims, though it is notknown how many victims accepted this assistance duringthe year. Trafficking victims regularly used psychologicalservices offered through a government-supported NGO. TheGovernment of Iceland offered both short- and long-termresidency permits for victims of trafficking: a six-monthreflection period to foreigners if there was suspicion that theywere victims of trafficking and a second one-year renewablepermit for victims who cooperated with law enforcement orwho found themselves in compelling circumstances, suchas facing retribution or hardship in their home countries.During the reporting period, the government did not grantany new permits to victims, although it extended a temporaryresidence permit for one victim. Victims can obtain a workpermit to seek legal employment while in temporary residencystatus. During the previous reporting period, the NationalPolice Commissioner published formal rules of procedurefor identifying, contacting, and caring for suspected victimsof trafficking. The Government of Iceland identified threetrafficking victims during the reporting period, compared tosix victims in the previous year and three victims two yearsago. The government provided direct assistance to two victimsduring the reporting period and a third victim refused an offerof government assistance. NGOs reported identifying threeto four additional victims of trafficking. The governmentreported that no trafficking victims were detained, fined, orjailed for unlawful acts committed as a result of their beingtrafficked. The government encouraged victims to participatein the investigation of trafficking.PreventionThe Icelandic government made some progress in its effortsto prevent human trafficking during the reporting period.Although there were no specific anti-trafficking awarenesscampaigns in Iceland during the year, the governmentcontinued to develop a comprehensive campaign to launchlater in 2012. In public appearances by senior officials, thegovernment continued to recognize that trafficking remaineda problem in the country. The government coordinated itsanti-trafficking activities through its anti-trafficking team,and reported its progress to complete all steps of its 2009-
184INDIA2012 National Action Plan by year’s end. The governmentcontinued to provide funds for field projects via OSCE, which,in this reporting period, contributed to a special course onhuman trafficking at Moscow State University, provided anti-trafficking financial assistance to the Government of Belarusfor a project administered by the Icelandic Red Cross, andhelped fund the Council of the Baltic Sea States’ Task Forceon Trafficking in Human Beings. The Government of Icelandcontinued to take steps to reduce the demand for commercialsex acts by convicting one client of prostitution during thereporting period.INDIA (Tier 2)India is a source, destination, and transit country formen, women, and children subjected to forced labor andsex trafficking. The forced labor of millions of its citizensconstitutes India’s largest trafficking problem; men, women,and children in debt bondage are forced to work in industriessuch as brick kilns, rice mills, agriculture, and embroideryfactories. A common characteristic of bonded labor is the use ofphysical and sexual violence as coercive tools. Ninety percentof trafficking in India is internal, and those from India’s mostdisadvantaged social strata, including the lowest castes, aremost vulnerable. Children are also subjected to forced laboras factory workers, domestic servants, beggars, agriculturalworkers, and to a lesser extent, in some areas of rural UttarPradesh as carpet weavers. There were new reports about thecontinued forced labor of children in hybrid cottonseed plotsin Gujarat, and reports that forced labor may be present inthe Sumangali scheme in Tamil Nadu, in which employerspay young women a lump sum to be used for a dowry atthe end of a three-year term. An increasing number of jobplacement agencies lure adults and children for forced laboror sex trafficking under false promises of employment. Indianboys from Bihar were increasingly subjected to forced laborin embroidery factories in Nepal.Women and girls are trafficked within the country for thepurposes of forced prostitution. Religious pilgrimage centersand cities popular for tourism continue to be vulnerableto child sex tourism. Women and girls from Nepal andBangladesh, and an increasing number of females fromUzbekistan, Ukraine, and Russia, are also subjected to sextrafficking in India. There were increasing reports of femalesfrom northeastern states and Odisha subjected to servilemarriages in states with low female-to-male child sex ratios,including Haryana and Punjab, and also reports of girlssubjected to transactional sexual exploitation in the MiddleEast under the guise of temporary marriages. Maoist armedgroups known as the Naxalites forcibly recruited children intotheir ranks. Establishments of sex trafficking are moving frommore traditional locations – such as brothels – to locationsthat are harder to find, and are also shifting from urban areasto rural areas, where there is less detection.Some Indians who migrate willingly every year for work asdomestic servants and low-skilled laborers find themselvesin forced labor in the Middle East and, to a lesser extent,Southeast Asia, the United States, Europe, Southern Africa,the Caribbean, and other countries. In some cases, suchworkers are lured from their communities through fraudulentrecruitment, leading them directly to situations of forced labor,including debt bondage; in other cases, high debts incurred topay recruitment fees leave them vulnerable to labor trafficking.Nationals from Bangladesh and Nepal are trafficked throughIndia for forced labor and commercial sexual exploitation inthe Middle East.In March 2012, a U.S. court entered a default judgment of$1.5 million in favor of an Indian domestic worker who sueda former Indian consular officer who had employed her whileassigned to duty in the United States; no appeal was filed. Thedomestic worker accused the Indian diplomat of forcing herto work without adequate compensation for three years andsubjecting her to physical and mental abuse.The Government of India does not fully comply with theminimum standards for the elimination of trafficking; however,it is making significant efforts to do so. The Ministry of HomeAffairs (MHA) continued to establish Anti-Human TraffickingUnits (AHTUs), which were responsible for combining lawenforcement and rehabilitation efforts. The Central Bureauof Investigation launched an anti-trafficking unit in thereporting period and gave investigation authority undertrafficking-related laws to all its police officers. Challengesremain regarding overall law enforcement efforts againstbonded labor and the alleged complicity of public officialsin human trafficking.Recommendations for India: Develop a comprehensiveanti-trafficking law or amend anti-trafficking legislation tobe in line with the 2000 UN TIP Protocol, with adequatepenalties prescribed by the UN Transnational OrganizedCrime Convention; increase prosecutions and convictions onall forms of trafficking, including bonded labor; prosecuteofficials allegedly complicit in trafficking, and convict andpunish officials complicit in trafficking; encourage states toestablish special anti-trafficking courts; improve distributionof state and central government rehabilitation funds to victimsunder the Bonded Labor (System) Abolition Act (BLSA);improve protections for trafficking victims who testify againsttheir traffickers; encourage AHTUs to address both sex andlabor trafficking of adults and children; encourage state anddistrict governments to file bonded labor cases underappropriate criminal statutes; improve central and stategovernment implementation of protection programs andcompensation schemes to ensure that certified traffickingvictims receive benefits; and increase the quantity and breadthof public awareness and related programs on bonded labor.ProsecutionThe government continued to make progress in its lawenforcement efforts to combat human trafficking in 2011, butconcerns remain over the uneven enforcement of traffickinglaws and alleged official complicity. India prohibits most formsof forced labor through the Indian Penal Code (IPC), the BLSA,the Child Labor (Prohibition and Regulation) Act, and theJuvenile Justice Act. These laws were unevenly enforced, andtheir prescribed penalties are not sufficiently stringent. India
INDIA185prohibits most forms of sex trafficking. Prescribed penalties forsex trafficking under the Immoral Traffic Prevention Act (ITPA)and the IPC, ranging from three years’ to life imprisonment,are sufficiently stringent and commensurate with thoseprescribed for other serious crimes, such as rape. The ITPAalso criminalizes other offenses, including prostitution, andhas some sections that are sometimes used to criminalize sextrafficking victims.The government did not report comprehensive lawenforcement data, and the challenges of gathering accurate,comprehensive, and timely data make it difficult to assesslaw enforcement efforts. However, the Ministry of HomeAffairs established scorecards for its AHTUs in June 2011 toimprove the availability of real-time data. A variety of sourcesnoted that there were many investigations, including inter-state investigations. In Mumbai, in 2011, there were 242 sextrafficking cases prosecuted in the special ITPA court; 125sex trafficking offenders were convicted with sentences of upto three years’ imprisonment. Two NGOs reported that sixtrafficking offenders were convicted for forced and bondedlabor. Four offenders were sentenced to one year in prison –these sentences are being appealed – and two offenders werecharged with fines. Most government prosecutions weresupported in partnership with NGOs. A senior governmentofficial noted that while trafficking rescues and registrationof cases have increased, convictions remain low. However,conviction rates were low across the penal system. SomeNGOs continued to criticize the categorization of traffickingcrimes as bailable offenses, which in some cases resulted inthe accused absconding after receiving bail. Enforcement oftrafficking laws, particularly labor trafficking laws such asthe BLSA, remained a challenge.NGOs continued to report that official complicity intrafficking remained a problem. Corrupt law enforcementofficers reportedly continued to facilitate the movementof sex trafficking victims, protect suspected traffickers andbrothel keepers from enforcement of the law, and receivebribes from sex trafficking establishments and sexual servicesfrom victims. Some police allegedly continued to tip-off sexand labor traffickers to impede rescue efforts. Some ownersof brothels, rice mills, brick kilns, and stone quarries arereportedly politically connected. The Indian governmentreported no prosecutions or convictions of governmentofficials for trafficking-related offenses during the reportingperiod; NGOs said this was due to a lack of sufficient evidence.In September 2011, the police arrested a member of the bordersecurity force for trafficking. He was released on bail as ofDecember 2011, but there is no further information on thatcase. There was no information on the status of an arrest ofa former member of parliament or an investigation on anIndian Administrative Services officer – as noted in the 2011TIP Report – for his involvement in human trafficking.The Central Bureau of Investigation established a dedicatedfederal anti-trafficking unit in January 2012 whose policeofficers have nationwide investigative authority. Thegovernment continued to implement its three-year nationwideanti-trafficking effort by disbursing funds to state governmentsto establish at least 107 new Anti-Human Trafficking Unitsin police departments during the reporting period, for a totalof at least 194 AHTUs. Some NGOs believed that some unitswere more focused on sex trafficking than labor trafficking,including bonded labor. Some units appeared to focus onchild trafficking rather than on the trafficking of both childrenand adults. Some units continued to be understaffed, whichhampered efforts. The government funded more than 500police officers to participate in a six-month anti-traffickingcourse at the Indira Gandhi National Open University. Thegovernment reported that it covered transportation andlodging expenses for over 5,000 government officials whoparticipated in NGO-organized anti-trafficking trainings.ProtectionIndia made efforts to protect and assist trafficked victims. TheMHA, through a 2009 directive, advised state governmentofficials to use standard operating procedures developed inpartnership with UNODC to proactively identify traffickingvictims and refer them to protection services; however,the implementation of these procedures is unknown. Thegovernment continued to fund over 100 NGO-run hotlinesthat help assist vulnerable people, including trafficking victims.The Ministry of Labor and Employment reported 865 bondedlaborers rescued and the equivalent of almost $170,000distributed in government-mandated rehabilitation fundsin 2010-11, the latest data available. This represents a smallfraction of the millions of Indian citizens subject to bondedlabor. There were some NGO reports of delays in obtainingrelease certificates, and distribution of rehabilitation fundswas uneven across states. There were numerous reports thatsex trafficking victims were rescued, most often in partnershipbetween police and NGOs. There were increased reports ofinter-state coordination among the AHTUs resulting in rescues.In one case, the Manipur, Rajasthan, and Kerala AHTUscollaborated in the rescue of 33 trafficked children.The Ministry of Women and Child Development (MWCD)allocated the equivalent of $118 million for 2011-12 to fund153 projects in 17 states under the Ujjawala program – whichseeks to protect and rehabilitate female sex trafficking victims– and 58 new Swadhar projects – which help female victimsof violence, including sex trafficking. Some NGOs have citeddifficulty in receiving timely disbursements of nationalgovernment funding of their shelters under these programs.India does not provide care for adult male trafficking victims.Conditions of government shelter homes under the MWCDvaried from state to state. NGOs reported that a number ofshelters were overcrowded and unhygienic, offered poor food,and provided limited, if any, services. There were some NGOreports that some shelters did not permit victims to leavethe shelter purportedly for security reasons; this violatesinternational principles on the protection of victims. In somecases, traffickers continued to re-traffic victims by approachingshelter managers and pretending to be family members toget the victims released to them, although this practice isdeclining. Some Indian diplomatic missions in the MiddleEast provided services, including temporary shelters, medicalcare, legal assistance, and 24-hour hotlines, to Indian migrantlaborers, some of whom were victims of trafficking.There were some reports of trafficking victims being penalizedfor acts committed as a result of being trafficked. Section 8 ofthe ITPA (solicitation) and Section 294 of the IPC (obscenityin public places) continued to be used to criminalize sextrafficking victims. Reports indicated that some victims arepunished for being undocumented migrants or for documentfraud. Foreign trafficking victims were not offered specialimmigration benefits such as temporary or permanentresidency status, although some NGOs reported that foreignvictims had the same access to care as domestic victims. Foreign
186INDONESIAvictims are not offered legal alternatives to their removal tocountries where they may face hardship or retribution. In mostcases, NGOs assisted rescued victims in providing evidenceto prosecute suspected traffickers. Many victims declined totestify against their traffickers due to the fear of retributionby traffickers, who were sometimes acquaintances. SomeNGOs continued to report the government was increasinglysensitized against not treating victims as perpetrators, and lawenforcement activities against victims decreased. There weresome reports of police treating victims as perpetrators, notusing victim-centric policies, and not improving victim-witnesssecurity, which hindered victim testimony and prosecutions.PreventionThe Government of India continued to make progress inits efforts to prevent human trafficking. The MHA’s Anti-Trafficking Nodal Cell continued bimonthly inter-ministerialmeetings on trafficking, which also included participation ofanti-trafficking officers from state governments. The Ministryof Home Affairs raised public awareness on traffickingthough radio talk shows and press conferences; the Ministryof Overseas Indian Affairs continued to work with stategovernments to conduct safe emigration awareness campaigns;and the Bureau of Police Research and Development organizeda workshop on the linkages between missing children andhuman trafficking and encouraged all police officers to trackcases of missing persons.The Ministry of Labor and Employment continued itspreventative convergence-based project against bonded labor inTamil Nadu, Andhra Pradesh, and Odisha, but not in Haryana.The government reduced the demand for commercial sex actsin the reporting period by convicting clients of prostitution.The government continued its multi-year project to issueunique identification numbers to citizens; more than 100million identify cards were issued in the reporting period.Training for Indian soldiers and police officers deployed inpeacekeeping missions reportedly included awareness abouttrafficking.INDONESIA (Tier 2)Indonesia is a major source country and, to a much lesserextent, a destination and transit country for women, children,and men who are subjected to sex trafficking and forced labor.Each of Indonesia’s 33 provinces is a source and destinationof trafficking, with the most significant source areas beingthe provinces of West Java, Central Java, East Java, West NusaTenggara, and Banten. A significant number of Indonesianmigrant workers face conditions of forced labor and debtbondage in more developed Asian countries and the MiddleEast, particularly Saudi Arabia, Malaysia, Singapore, Taiwan,and Hong Kong. The government reports that there are 4.3million documented Indonesian migrants working outsidethe country and estimates another 1.7 million undocumentedworkers, including an estimated 2.6 million workers inMalaysia and 1.8 million in the Middle East. During 2011,Saudi Arabia was the leading destination for newly departingmigrant workers registered with the Indonesian government,followed closely by Malaysia. An estimated 69 percent of alloverseas Indonesian workers are female. The Indonesiangovernment estimates that two percent of Indonesian workersabroad who are properly documented become victims oftrafficking. The actual number of Indonesian traffickingvictims is significantly higher, particularly among the morethan one million undocumented workers abroad. During2011, Indonesian trafficking victims were reported in all ofthe Gulf countries, Malaysia, Taiwan, Chile, New Zealand,the Philippines, Egypt, and the United States, among others.In assessing 2011 data, IOM reported a new trend of women,including some children, trafficked for commercial sexualexploitation at mining operations in Maluku, Papua, andJambi provinces. There were reports of an increasing numberof children exploited in prostitution in Batam district of theRiau Islands province and children from North Sulawaesiprovince being exploited in prostitution in West Papuaprovince. Contacts in several large cities reported a new trendof university and high school students selling underage friends,male and female, for sex. Some women from Uzbekistan andColombia are subjected to forced prostitution in Indonesia.Government and non-governmental sources reported anincreasing number of undocumented workers travellingabroad. As the government expands its use of biometric traveldocuments, false documents are becoming more difficultand expensive to obtain. As a result, more undocumentedworkers are traveling by sea, primarily from Batam and theRiau Islands and by land from Kalimantan, to Malaysia wherethey remain or transit to a third country. Undocumentedworkers are at a significantly higher risk of becoming traffickingvictims than documented workers. A labor trafficking trendthat gained international attention during the year was theforced labor of Indonesian men aboard Korean-flagged fishingboats operating in New Zealand waters as well as the forcedlabor of Burmese and Cambodian fishermen who escape Thaifishing boats while in Indonesian waters. According to pressand NGO reports, over 1,000 such undocumented Burmesefishermen are stranded on the remote Indonesian island ofTual. According to IOM, labor recruiters are responsible formore than 50 percent of the Indonesian female workers whoexperience trafficking conditions in destination countries.Some recruiters work independently, while others work forIndonesia-based international labor recruitment companiescalled PJTKIs. Some PJTKIs operate similarly to traffickingrings, leading both male and female workers into debtbondage and other trafficking situations. Traffickers regularlyoperate with impunity and escape punishment because ofendemic corruption among law enforcement officials and thegovernment’s lack of commitment to upholding the rule of law.Trafficking victims often accumulate debts with labor recruitersthat make victims vulnerable to debt bondage. Licensedand unlicensed companies used debt bondage, withholdingof documents, and threats of violence to keep Indonesianmigrants in situations of forced labor.Indonesian women migrate to Malaysia, Taiwan, and the MiddleEast and are subsequently subjected to forced prostitution;they are also subjected to forced prostitution and forced laborin Indonesia. Children are trafficked internally and abroadprimarily for domestic servitude, forced prostitution, and workin cottage industries. Many of these trafficked girls work 14to 16 hours a day at very low wages, often under perpetualdebt due to pay advances given to their families by Indonesianbrokers. Debt bondage is particularly pronounced among sextrafficking victims, with an initial debt the equivalent of some$600 to $1,200 imposed on victims; given an accumulation ofadditional fees and debts, women and girls are often unable toescape this indebted servitude, even after years in prostitution.
INDONESIA187An estimated 60 percent of children under five years of agedo not have official birth certificates, putting them at higherrisk for trafficking. Traffickers employ a variety of meansto attract and control victims, including promises of well-paying jobs, debt bondage, community and family pressures,threats of violence, rape, false marriages, and confiscation ofpassports. Country experts reported a trend of recruitmentof Indonesian migrant workers in Malaysia for Umrah, areligious pilgrimage to Mecca continued during the year; oncein the Saudi Kingdom, Indonesian migrants are trafficked toother points in the Middle East. Some Indonesian childrenare recruited into sex trafficking through Internet socialnetworking media. More than 25 sex trafficking victims fromUzbekistan were identified in 2010. Six sex trafficking victimsfrom Colombia were identified in 2011.Internal trafficking is also a significant problem in Indonesia,with women and girls exploited in domestic servitude,commercial sexual exploitation, and in forced labor in ruralagriculture, mining, and fishing. Many victims were recruitedoriginally with offers of jobs in restaurants, factories, or asdomestic workers before they were coerced into prostitution.Child sex tourism is prevalent in the Riau Islands borderingSingapore and is reported to occur in Bali and in otherlocations around Indonesia.The Government of Indonesia 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 undertook new efforts to improve protections forIndonesian migrants, particularly through the National Agencyfor the Placement and Protection of Indonesian OverseasWorkers (BNP2TKI). The government did not make progressin curbing the trafficking complicity of Indonesian securitypersonnel and senior officials and increasing the effectivenessof law enforcement and judicial officials in upholding thecountry’s anti-trafficking laws, as would be indicated by anincrease in the number of prosecutions and convictions oftraffickers. A decentralized government structure presentedconsiderable challenges to coordinating nationwide anti-trafficking programs and policies; nonetheless, the governmentundertook no visible efforts to improve the centralizedcollection of data on prosecutions and victim protectiondata from local governments.Recommendations for Indonesia: Improve the collection,analysis, and public reporting of comprehensive data on legalproceedings against traffickers taken under the 2007 law;undertake greater efforts to criminally prosecute and punishlabor recruitment agencies and corporations involved intrafficking; increase efforts to prosecute and convict publicofficials who are involved in trafficking; undertake efforts toprosecute and punish those who obtain commercial sexualservices from children; create a national protocol that clarifiesroles and responsibilities for prosecuting trafficking caseswhen the crime occurs outside a trafficking victim’s provinceof residence, particularly with regard to responsibilities forfunding the involvement of victims as witnesses in proceedings;increase government funding to support trafficking victims’participation in legal proceedings; increase efforts to combattrafficking through awareness campaigns targeted at the publicand law enforcement personnel at all levels of governmentin primary trafficking source regions; and consider amendingthe 2004 Overseas Labor Placement and Protection Law inorder to provide effective protections to Indonesian migrantsrecruited for work abroad, particularly female domesticworkers, as a means of preventing potential trafficking ofthese migrants.ProsecutionThe Indonesian government sustained anti-trafficking lawenforcement efforts during the reporting period, although aninability to collect and report on national anti-trafficking lawenforcement efforts gives the appearance that the numbersof trafficking offenders prosecuted and convicted declinedfor a second consecutive year. Through a comprehensiveanti-trafficking law passed in 2007 and implemented in2009, Indonesia prohibits all forms of trafficking in persons,prescribing penalties of three to 15 years’ imprisonment.These penalties are sufficiently stringent and commensuratewith those prescribed for other serious crimes, such asrape. While Indonesian National Police (INP) investigatorsused the 2007 law to prepare cases for prosecution, someprosecutors and judges still use other, more familiar lawsto prosecute traffickers. Police and other law enforcementofficials complained about the difficulty of coordinatingamong police, prosecutors, witnesses, and courts to obtainsuccessful convictions.The government does not aggregate nationwide records oftrafficking prosecutions. Statistics on human traffickingprosecutions and convictions remain available exclusivelyat the district and province levels. Only the police aggregatenationwide data on human trafficking investigations;during 2011, the INP reported initiating 133 new traffickinginvestigations involving 179 suspected trafficking offenders.The INP also reported the referral to local prosecutors of 50cases, of which 41 were accepted for prosecution. Based onincomplete reports during the year from four of Indonesia’s 33provinces – East, Central, West Java, and North Sulawesi – 16trafficking offenders were convicted by province- and district-level courts. This compares with incomplete reporting on theconvictions of 25 trafficking offenders in 2010. The nationalAttorney General’s Task Force on Transnational Crime reportedan additional prosecution of eight trafficking offenders in 2011,but no convictions. The Indonesian government cooperatedwith New Zealand authorities to investigate allegations,published in the international media, of Indonesian fishermenwho were recruited by licensed PJTKIs for work on Koreanfishing vessels operating in New Zealand waters, and subjectedto forced labor, including debt bondage, aboard the boats.Indonesian authorities, however, have not initiated criminalinvestigations or prosecutions of the recruiters cited in theallegations.Endemic corruption among members of Indonesian securityforces and government officials remained an impediment toincreased effectiveness in anti-trafficking law enforcementefforts, according to NGOs and government officials.Corruption sustained trafficking at a number of levels: in theissuance of false documents for future victims; through laxborder controls where trafficking would otherwise be detected;
188INDONESIAthrough the tolerance and profiting from illegal commercialsex sites; and through the compromise of law enforcementinvestigations and judicial processes.ProtectionThe Indonesian government continued its provision andcoordination of modest and uneven efforts to protect victimsof trafficking during the year. The government’s Centers forIntegrated Service for the Empowerment of Women andChildren provided shelters and trauma clinics to traffickingvictims through 172 centers at the provincial and districtlevel. The government provides limited funding to otherorganizations for the provision of services to trafficking victims,but since 2005 is increasingly channeling support throughthe Centers for Integrated Service. The Centers for IntegratedService also receive private funding. The National Policeoperated 306 Women and Child Service Units in police stationsaround the country, which provided emergency protectionand medical services to victims of violence, also accessibleto victims of trafficking. The government continued to relysignificantly on international organizations and NGOs for theprovision of services to victims, particularly for repatriatedIndonesian victims of trafficking abroad, although it increasedthe role of its Centers for Integrated Service during 2011, adding51 centers for a total of 172 throughout Indonesia. Althoughthe government did not collect or report comprehensive dataon victims identified throughout the country, the Ministryof Women’s Empowerment reported 358 victims in 2011,including 111 women and no children; most of these victims(53 percent) were from West Java. IOM reported assisting 227victims in 2001, including 120 Indonesians, 65 Cambodianmen who escaped forced labor aboard Thai fishing boats, 36Burmese men who escaped the same forced labor conditions,and six Colombian women who had been subjected to forcedprostitution in Jakarta.The central government largely funds provincial governmentsthrough block grants, and provinces have significant discretionon the use of these funds, including decisions on trafficking-related programs. As a result, provincial governments’ fundingof victim protection services varies greatly. In West Java, theCouncil on Women’s Empowerment and Family Planningreported that in 2011 the provincial government doubled itsbudget for assistance to trafficking victims to the equivalent of$1,111 per victim. The West Java Center for Integrated Servicefor the Empowerment of Women and Children, which receivesmost of its funding from the provincial government, reportedthat in 2011 its budget for assistance to trafficking victimsincreased from the equivalent of $833,000 to $2.2 million. InRiau Islands province, the Child Welfare Commission reporteda 50 percent increase in its budget for victim protection servicesin 2011. Some provinces have not established anti-traffickingtask forces and provide only minimal funding for the protectionof trafficking victims. The Riau Islands provincial-level INPreported having no budget for the protection of traffickingvictims or for the investigation of trafficking allegations. TheINP, Attorney General’s Office, Ministry of Law and HumanRights, Department of Immigration, the Witness ProtectionProgram, the National Commission on Women, and a numberof NGOs actively cooperated in an IOM-led task force to revisethe 2007 edition of “Guidelines for Law Enforcement and theProtection of Victims of Trafficking in Handling Traffickingin Persons Cases.” The final draft is completed and awaitsfunding for publishing.PreventionThe Indonesian government made progress in preventinghuman trafficking during the reporting period, particularlythrough improved, centralized oversight of labor migrantsand the licensed recruiting agencies sending them abroad.Most other prevention work was conducted at the district andprovince levels; 21 provincial and 73 district or municipalanti-trafficking task forces continued to coordinate localanti-trafficking efforts with a wide variety in levels of funding,staffing, and energy. While the West Java provincial task forceincludes 66 government and civil society representativesthat meets regularly and funds over the equivalent of $2.2in victim protection activities, the task force in Riau Islandsprovince – a major transit area for trafficking victims fromthroughout the country – did not meet during the year. TheCoordinating Minister for Social Welfare nominally chairedthe government’s anti-trafficking taskforce, and the Ministryof Women’s Empowerment and Child Protection (MWECP)provided active direction. The national taskforce met inSeptember 2011 with 21 ministries, departments, and agenciesrepresented; the national anti-trafficking taskforce does nothave a budget and is funded by the participating ministries anddepartments. Anti-trafficking in persons campaigns continuedduring the reporting period and were maintained by MWECP,the Ministry of Manpower, the Ministry of Education, the INP,numerous Centers for Integrated Service for the Empowermentof Women and Children throughout the country, and NGOsin cooperation with local governments. The campaigns weredelivered via conferences, radio, newspapers, billboards,pamphlets, school programs, and neighborhood meetings.The government strengthened the ability of BNP2TKI tomonitor outbound Indonesian workers and protect themfrom fraudulent recruitment and human trafficking. Usinga new database and national worker’s identify card system,the BNP2TKI registered and gave biometric identity cards to581,081 workers who left for work abroad in 2011. Throughits centralized database, it was able to improve verificationof intending workers’ eligibility and the bona fides of PJTKIs,while reducing the opportunities for corruption at the locallevel. BNP2TKI did not report the recruiters it referred to theMinistry of Manpower and Transmigration for trafficking.The Ministry, however, reported revoking the licenses of 28firms in 2011.During the year, the MWECP issued Ministerial Decree No.9/2011 on Early Warning TIP Indicators as a guide to itsbranch offices and NGOs who provide support to traffickingvictims. The Ministry issued Ministerial Decree No. 7/2011on the Policy to Increase Family Resilience of Children inNeed of Special Protection. The decree is an effort to identifythe problem of vulnerable children, including traffickedchildren, as a national priority, and lead an interagency effortto address the problem by strengthening vulnerable families.Also in February 2012, MWECP cooperated with IOM toproduce a manual on “Recovery, Return and Reintegration”training for trafficking victim care providers. The Ministryalso published a training manual titled “Training Guide:Witness Assistants And/Or Victims of Trafficking” and in2011 conducted training on facilitating victims of traffickingas criminal witnesses to 87 anti-trafficking front-line workersfrom government agencies, non-governmental organizations,and individuals who are interested in providing assistance towitnesses and victims of trafficking from East Nusa Tenggara,Bali, and Riau Islands. In early 2012, IOM conducted training
IRAN189for 205 participants from West Java, West Kalimantan, andYogyakarta. The ministry published a program called “earlywarning system,” targeting communities in five provinces: EastJava, North Sumatra, West Nusa Tenggara, East Nusa Tenggara,and North Sulawesi with populations vulnerable to traffickingcrimes. These communities also had locally based and directedawareness programs. The MWECP created a telephone andpostal hotline for reporting suspected trafficking cases; therewere 250 reported complaints filed in 2011. In June 2011,BNP2TKI also implemented a national trafficking in personshotline that was advertised widely to workers going overseasand their families. The data is reported directly to the presidentmonthly, while BNP2TKI works with embassies to follow upon cases of suspected trafficking abroad.The government continued partnerships with NGOs andinternational organizations to increase public awareness oftrafficking. The International Catholic Migration Commission(ICMC) organized a cross-border exchange meeting inSeptember 2011 at the Indonesia-Malaysia border crossingat Nunukan, East Kalimantan. Eighty-eight representativesfrom local Indonesian and Malaysian governments, lawenforcement agencies, NGOs, and the Indonesian Consulatein Tawau, Malaysia, shared expertise and experiences witha focus on increasing arrests, prosecutions and convictionsof trafficking offenders. In December 2011, the Indonesiangovernment concluded two years of negotiations withMalaysia on revising a 2006 memorandum of understanding(MOU) on The Recruitment and Placement of IndonesianDomestic Workers. The revisions, agreed by both governments,establish a joint task force “to provide appropriate solutions onmatters concerning Indonesian domestic workers” and givesIndonesian workers the right to retain possession of theirpassports while working in Malaysia. To improve coordinationof anti-trafficking programs, a number of provinces signedinter-provincial MOUs in 2011 that included guidelines forcooperating in the provision of care to trafficking victims whoare located outside of their home provinces. West Java signedfour MOUs with the provinces of Riau Islands, Bangka, WestKalimantan, and East Kalimantan. Riau Islands signed sixMOUs with the provinces of West Java, Jakarta, Central Java,West Kalimantan, East Kalimantan, and Lampung. NorthSumatra signed an MOU with Central Java.There were reports of individuals from Australia, Canada,China, France, Germany, Italy, Japan, Korea, Malaysia,Singapore, Taiwan, the Middle East, the Netherlands, theUnited Kingdom, and the United States coming to Indonesiaas child sex tourists. One UK citizen was arrested in thedistrict of Batam, Riau Islands province, in November 2011for sexually exploiting children and is in jail awaiting trial.There were no reports of Indonesian peacekeeping troopsengaging in trafficking-related offenses. The governmentprovided Indonesian military personnel with anti-traffickingtraining prior to their deployment abroad on internationalpeacekeeping missions. The government did not report effortsto reduce the demand for forced labor or the demand forcommercial sex acts during the year.IRAN (Tier 3)Iran is a source, transit, and destination country for men,women, and children subjected to sex trafficking and forcedlabor. Iranian and Afghan boys and girls residing in Iran areforced into prostitution within the country. Iranian women,boys, and girls, are subjected to sex trafficking in Iran, as wellas in Pakistan, the Persian Gulf, and Europe. Azerbaijaniwomen and children are also subjected to sex trafficking in Iran.Afghan migrants and refugees are subjected to forced labor inIran. Men and women from Pakistan, Bangladesh, and Iraqmigrate voluntarily to Iran, or through Iran, to other Gulfstates, particularly the UAE, and Europe, seeking employment.Some are subsequently subjected to conditions of forced labor,including debt bondage, through the use of such practices asrestriction of movement, nonpayment of wages, and physicalor sexual abuse. NGO reports indicate criminal organizations,sometimes politically connected, play a significant role inhuman trafficking to and from Iran, particularly across theborders with Afghanistan and Pakistan in connection with thesmuggling of migrants, drugs, and arms. Unconfirmed reportsindicate that religious leaders and immigration officials areinvolved in human trafficking.The Government of Iran does not comply with the minimumstandards for the elimination of trafficking, and is not makingsignificant efforts to do so. The government did not shareinformation on its anti-trafficking efforts with the internationalcommunity during the reporting period; this impedes thecollection of information on the country’s human traffickingproblem and the government’s efforts to curb it. Publiclyavailable information from NGOs, the press, internationalorganizations, and other governments nonetheless indicatethat the Iranian government is not taking sufficient steps toaddress its extensive trafficking challenges. For these reasons,Iran is placed on Tier 3 for a seventh consecutive year.Recommendations for Iran: Significantly increase effortsto investigate trafficking offenses and prosecute and punishtrafficking offenders, including officials who are complicit intrafficking; institute victim identification procedures toproactively identify victims of trafficking, particularly amongvulnerable populations such as persons in prostitution,children in begging rings, and undocumented migrants; offerprotection services to victims of trafficking, including shelterand medical, psychological, and legal assistance; cease thepunishment of victims of trafficking for unlawful actscommitted as a result of being trafficked; and increasetransparency in government anti-trafficking policies andactivities through public reporting.ProsecutionThe Government of Iran made no discernible law enforcementefforts against human trafficking during the reporting period.A 2004 law prohibits trafficking in persons by means of threator use of force, coercion, abuse of power or of a position ofvulnerability of the victim for purposes of prostitution, removalof organs, slavery, or forced marriage. The prescribed penaltyunder this law reportedly is up to 10 years’ imprisonment,which is sufficiently stringent, but not commensurate with
190IRAQpenalties prescribed under Iranian law for other serious crimes,such as rape. The Constitution and Labor Code both prohibitforced labor and debt bondage; the prescribed penalty of a fineand up to one year’s imprisonment is not sufficient to deterthese serious crimes. In addition, the Labor Code does notapply to work in households. NGO sources report that theselaws remain unenforced due to a lack of political will andwidespread corruption. There were no reports of investigationsor prosecutions of trafficking cases or convictions of traffickingoffenders. It was extremely difficult for women in forcedprostitution to obtain justice; first, because Iranian courtsaccord legal testimony by women only half the weight accordedto testimony by men, and second, because women who arevictims of sexual abuse are liable to be prosecuted for adultery,which is defined as sexual relations outside of marriage andis punishable by death. There were no reports of governmentofficials being investigated or punished for complicity intrafficking offenses during the reporting period.ProtectionThe Government of Iran made no discernible efforts to protectvictims of trafficking during the reporting period. There isno evidence that the government has a process to identifytrafficking victims among vulnerable populations found in thecountry. Iran has deported large numbers of undocumentedAfghans without attempting to identify trafficking victimsamong them. The government also has reportedly punishedvictims of sex trafficking for unlawful acts committed as adirect result of being trafficked, for example, adultery andprostitution. There were no reports that the governmentreferred trafficking victims to protective services. Some welfareorganizations unrelated to the government may help Iraniantrafficking victims. The Iranian government did not provideforeign victims of trafficking with a legal alternative to removalto countries in which they may face hardship or retribution.PreventionThere were no reports of efforts by the Government of Iranto prevent trafficking during the past year, such as campaignsto raise public awareness of trafficking, to reduce demand forcommercial sex acts, or to reduce demand for child sex tourismby Iranians traveling abroad. A news report indicated that inFebruary 2012, President Mahmoud Ahmadinejad attended atwo-day trilateral summit with the presidents of Afghanistanand Pakistan in Islamabad; one of the summit’s agendaitems was transnational organized crime, including humantrafficking. There was no improvement in the transparency ofthe government’s reporting on its own anti-trafficking policiesor activities and no apparent efforts to forge partnerships withinternational organizations or NGOs in addressing humantrafficking problems. According to UNHCR, in June 2011, theIranian government began re-registering Afghan refugees – agroup vulnerable to trafficking – extending the validity oftheir registration card to one year. Iran is not a party to the2000 UN TIP Protocol.IRAQ (Tier 2 Watch List)Iraq is a source and destination country for men, women, andchildren subjected to sex trafficking and forced labor. Iraqiwomen and girls are subjected to conditions of traffickingwithin the country and in Syria, Lebanon, Jordan, Kuwait,the United Arab Emirates, Turkey, Iran, Yemen, and SaudiArabia for forced prostitution and sexual exploitation withinhouseholds. Anecdotal reporting suggests that trafficking inforced prostitution and bonded labor are increasing in Iraq,partially owing to pervasive corruption and an overall increasein criminal activity.Women are lured into forced prostitution through falsepromises of work. An international organization reports anincrease in forced prostitution in the city of Tikrit; womenbetween the ages of 15 to 22 years from Baghdad, Kirkuk,and Syria are sold to traffickers in Tikrit for the equivalentof $1,000-5,000 and then replaced or sold again every twoor three months. Women are also subjected to involuntaryservitude through forced marriages, often as payment of a debt,and women who flee such marriages are often vulnerable tofurther forced labor or sexual servitude. One NGO reports thatrecruiters rape women and girls on film and blackmail theminto prostitution or recruit them in prisons by posting bail andthen forcing them into prostitution via debt bondage. Somewomen and children are pressured into prostitution by familymembers to escape desperate economic circumstances, to paydebts, or to resolve disputes between families. NGOs reportthat these women are often prostituted in private residences,brothels, restaurants, and places of entertainment. Somewomen and girls are trafficked within Iraq for the purpose ofsexual exploitation through the use of temporary marriages(muta’a), by which the family of the girl receives money inthe form of a dowry in exchange for permission to marrythe girl for a limited period of time. Some Iraqi parents havereportedly collaborated with traffickers to leave children atthe Iraqi side of the border with Syria with the expectationthat traffickers will arrange forged documents for them toenter Syria and find employment in a nightclub. An Iraqiofficial revealed networks of women have been involved inthe trafficking and sale of male and female children for thepurposes of sexual exploitation.The large population of internally displaced persons andrefugees moving within Iraq and across its borders areparticularly at risk of being trafficked. Women from Iran,China, and the Philippines reportedly may be trafficked to orthrough Iraq for commercial sexual exploitation. Some Iraqirefugees in Syria reportedly have contracted their daughtersto work as maids in Syrian households, where they mayhave been subsequently raped, forced into prostitution, orsubjected to forced labor. In other instances, Iraqi refugees’children remained in Syria while their parents left the countryin search of improved economic circumstances, leaving thechildren vulnerable to trafficking. Iraqi women deported fromSyria on prostitution charges are vulnerable to re-traffickingby criminal gangs operating along the border. After politicalunrest escalated in Syria, Iraqi refugees remaining in Syriareported they were unable to find work in the informal sector,coerced into taking part in anti-government protests, andharassed by Syrian authorities, all of which increased thisvulnerable population’s susceptibility to trafficking.Iraq is also a destination for men and women who migratefrom Bangladesh, India, Indonesia, Nepal, the Philippines,Sri Lanka, Thailand, Pakistan, Georgia, Jordan, and Ugandaand are subsequently subjected to involuntary servitude asconstruction workers, security guards, cleaners, handymen,and domestic workers. Such men and women may faceconfiscation of passports and official documents, nonpaymentof wages, long working hours, threats of deportation, and
IRAQ191physical and sexual abuse as a means to keep them in asituation of forced labor. Some of these foreign migrantswere recruited for work in other countries such as Jordan orthe Gulf States, but were forced, coerced, or deceived intotraveling to Iraq, where their passports were confiscated andtheir wages withheld, ostensibly to repay labor brokers forthe costs of recruitment, transport, food, and lodging. Otherforeign migrants were aware they were destined for Iraq, butonce in the country, found the terms of employment werenot what they expected or the jobs they were promised didnot exist, and they faced coercion and serious harm, financialor otherwise, if they attempted to leave. The Governmentsof Nepal and the Philippines continue to ban their citizensfrom migrating to Iraq for work. In addition, some Iraqi boysfrom poor families are reportedly subjected to forced streetbegging and other non-consensual labor exploitation andcommercial sexual exploitation. Some women from Ethiopia,Indonesia, Nepal, and the Philippines who migrated to theIraqi Kurdistan Region experienced conditions of domesticservitude after being recruited with offers of jobs differentthan they received.The Government of Iraq 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, Iraq is placed on Tier 2 Watch List for a fourthconsecutive year. Iraq was granted a waiver from an otherwiserequired downgrade to Tier 3 because its government has awritten plan that, if implemented, would constitute makingsignificant efforts to meet the minimum standards for theelimination of trafficking and is devoting sufficient resourcesto implement that plan. The Iraqi Parliament passed acomprehensive anti-trafficking law on April 30, 2012; thislaw prescribes punishments for both sex trafficking andlabor trafficking. The Iraqi government reported negligibleefforts to prosecute or punish traffickers under existing laws.The government demonstrated some efforts to identify andassist victims of forced labor, yet the government continuedto punish victims of forced prostitution, while providing nosystematic protection services to victims of trafficking.Recommendations for Iraq: Implement legislation thatprohibits all forms of trafficking; continue to use existingIraqi criminal statutes – including those prohibiting kidnappingand detention by force or deception – to investigate andprosecute human trafficking offenses and convict traffickingoffenders; institute a procedure to proactively identify victims,such as by comprehensively training police and immigrationofficials who may come into contact with trafficking victims;cease punishing identified victims of trafficking for crimescommitted as a direct result of being trafficked, includingforced prostitution; provide protection services to victims andproactively refer victims to available non-governmentalprotection services; under the new trafficking law, de-criminalize NGO shelters that provide assistance to victimsof sex trafficking; encourage victims’ assistance in prosecutingoffenders; provide assistance to Iraqi victims of traffickingidentified abroad; offer legal alternatives to removal to foreignvictims of trafficking; take steps to end the practice of forcedmarriages that entrap girls in sexual and domestic servitude;regulate recruitment practices of foreign labor brokers toprevent practices facilitating forced labor; and undertake apublic awareness campaign to raise awareness of sex traffickingand forced labor.ProsecutionThe government demonstrated modest law enforcementefforts against trafficking in persons during the reportingperiod, as the Iraqi Parliament adopted a comprehensiveanti-trafficking law on April 30, 2012. During the reportingperiod, the Iraqi government had several existing provisionsin its penal code through which it could prosecute, convict,and punish trafficking offenses, including those prohibitingthe unlawful seizure, kidnapping, and detention of a personby force or deception with penalties of up to seven years’imprisonment and up to 15 years’ imprisonment if the victimis a child and force is used. The penalty for sexual assault orforced prostitution of a child is up to 10 years’ imprisonment,which is sufficiently stringent to deter this activity, though notcommensurate with the penalties prescribed for rape, whichis up to 15 years’ imprisonment. Iraq’s anti-trafficking lawprescribes some punishments for both sex trafficking andlabor trafficking that are sufficiently stringent. The governmentdoes not collect statistics on prosecutions, convictions, orsentences of trafficking offenders.The government did not make demonstrable efforts toinvestigate or punish official complicity in trafficking offenses.The Government of Iraq has no mechanisms to collect dataon the enforcement of anti-trafficking law offenses. Thegovernment did, however, open a criminal investigationregarding the case of 22 male Ukrainian and Bulgarianvictims of forced labor in the construction sector whoseemployer abandoned them in Baghdad’s international zone;the case was filed in criminal court in March 2012. While thegovernment did not fund anti-trafficking training, the Ministryof Labor and Social Affairs (MOLSA) provided facilities forsome anti-trafficking awareness and victim identificationtrainings that were funded by an international organizationand a foreign government; participants in multiple trainingsthroughout the year included officials from the Ministry ofInterior and MOLSA, judges, prosecutors, and law enforcementpersonnel. Additionally, more than 100 Iraqi police cadetsand commissioned officers received anti-trafficking awarenessand victim identification training courses from a foreigngovernment from July 2011 through February 2012.ProtectionThe Iraqi government demonstrated minimal efforts to protectvictims of trafficking during the reporting period. Governmentauthorities did not develop or employ systematic proceduresto identify proactively victims of trafficking among vulnerablegroups, such as women arrested for prostitution or foreignworkers, and did not recognize that women in prostitutioncould be victims of sex trafficking. The government similarlydid not provide standard operating procedures to guide lawenforcement officials in identification of trafficking victims.As a result, some victims of trafficking were incarcerated, fined,or otherwise penalized for unlawful acts committed as a directresult of being trafficked, such as engaging in prostitution.
192IRELANDVictims of forced labor reportedly were not detained, fined,or jailed for immigration violations, but they were generallynot provided protection services by the government, includingmedical services.The government demonstrated some willingness to assistvictims of forced labor during the reporting period. In July2011, the government reportedly paid 10 Sri Lankan victimsof forced labor the equivalent of $3,000 each in compensation.In October 2011, the Ministry of Foreign Affairs worked incollaboration with an international organization to providecompensation the equivalent of $2,000 and exit documentationto each of the aforementioned 22 male Ukrainian andBulgarian victims of forced labor in the construction sectorwhose employer abandoned them in Baghdad’s internationalzone. After the victims were repatriated, the governmentworked with Ukrainian authorities to collect the victims’statements to pursue a criminal investigation. The workers’Iraqi attorney filed a criminal complaint under Labor Law 111,Article 456, prior to passage of the anti-trafficking law. Thevictims were also allowed to pursue a civil court claim againstthe employer for the equivalent of $300,000 in back wages.These cases were pending at the end of the reporting period.Some Iraqi police centers have specialists to assist womenand children who are victims of trafficking and abuse, yetthe number of victims assisted and the type of assistanceprovided was unclear. The government neither providedprotection services to victims of trafficking nor fundedor provided in-kind assistance to NGOs providing victimprotection services; likewise, the government did not have abudget designated for victim protection or assistance duringthe reporting period. All available care was administeredby NGOs, which operated victim-care facilities and sheltersaccessible to victims of trafficking. The government continuedto criminalize NGO-run shelters that provided protectiveservices to sex trafficking victims; therefore, these shelterscontinue to be vulnerable to prosecution and unprotectedfrom threats of violence by extremist groups. There wereno signs that the government developed or implementedprocedures by which government officials systematicallyreferred identified victims to organizations providing legal,medical, or psychological services; the government did notcollect official statistics on the number of trafficking victimsin Iraq or those that received assistance. Upon release fromprison, female victims of forced prostitution had difficultyfinding assistance, especially in cases where the victim’sfamily had sold her into prostitution, thereby increasingher chances of being re-trafficked. Some child traffickingvictims were placed in protective facilities, orphanages, andfoster care, while others were placed in juvenile detentioncenters. The government did not encourage victims to assist ininvestigations or prosecutions or provide them legal assistanceor legal alternatives to removal to countries in which theymay face hardship or retribution.PreventionThe Government of Iraq made some efforts to preventtrafficking in persons. The government, in coordination withan international organization, formed and co-chaired theRule of Law International Policy Committee Working Groupon Trafficking in Persons in February 2011, which met eighttimes in 2011 to discuss developments in the draft law, lobbyfor its passage, and raise awareness of human trafficking andthe draft law among relevant ministry employees. MOLSAreportedly began to regulate labor recruitment practicesduring the reporting period, though it was unclear if thegovernment penalized or closed recruitment agencies involvedin fraudulent recruitment practices. Some government officialscontinued to deny the existence of human trafficking or did notbelieve trafficking was a significant issue in Iraq. For example,on various occasions during the year, Ministry of Interiorofficials denied that women incarcerated for prostitution couldalso be trafficking victims. The government did not conductany public awareness or education campaigns to educatemigrant workers, labor brokers, and employers of workers’rights against forced labor. There were no reported efforts toreduce the demand for commercial sex acts.IRELAND (Tier 1)Ireland is a destination, source, and transit country for women,men, and children subjected to sex trafficking and forced labor.Sex trafficking victims originate in Eastern Europe, Africancountries including Nigeria, South America, and Asia. Adultlabor trafficking victims are reportedly from South America,Eastern Europe, Asia, and Africa. Forced labor victims arefound in domestic service and restaurant work. According tolocal reporting, within the last several years some victims havebeen subjected to domestic servitude by foreign diplomats onassignment in Ireland. According to NGO experts, children aresubjected to prostitution in various cities in Ireland, includingKilkenny, Cork, and Dublin.The Government of Ireland fully complies with the minimumstandards for the elimination of trafficking. The governmenttook important steps to investigate and prevent domesticservitude among employees of diplomats posted in Ireland.During the year, the government prosecuted and convicted asex trafficker for the prostitution of a minor. The government,however, has yet to fully prosecute and convict any traffickingoffenders, as defined by international standards using thecountry’s 2008 anti-trafficking law. The government developedvictim-centered care plans for many trafficking victims,provided holistic care through the provision of temporaryresidency permits and associated services, and continued toprovide funding to NGOs that provided specialized assistanceto trafficking victims. All identified victims received servicesregardless of immigration status. However, the majority oftrafficking victims from non-EU countries received servicesand pursued refugee status through Ireland’s asylum process,which NGOs criticize as resulting in inadequate care andinsufficient protection of victims’ rights, in comparison tothe provisions specific to trafficking victims.Recommendations for Ireland: Vigorously implementIreland’s 2008 anti-trafficking law to ensure labor and sextrafficking offenders are held accountable; consider draftingan amendment to explicitly criminalize forced labor andother forms of compelled service with a view toward increasing
IRELAND193efforts to implement the 2008 anti-trafficking law; exploreand enhance NGOs’ roles in the victim identification process;ensure proactive screening for trafficking during asylum intakeinterviews; ensure all potential trafficking victims, regardlessof immigration status, are afforded an official recovery andreflection period to make an informed decision about whetherto assist law enforcement; ensure asylum-seeking traffickingvictims who are cooperating with law enforcement haveaccurate information on the support they may qualify forunder Ireland’s explicit provisions for trafficking victims, andensure they are aware this is an option they can pursue; expandlegal aid beyond representation during trials for victimsassisting law enforcement; continue educating potential clientsof prostitution about the linkage between prostitution andtrafficking; and consider establishing a national anti-traffickingrapporteur or similar entity to encourage more self-criticalassessments to improve law enforcement and victim protection.ProsecutionThe Government of Ireland sustained its efforts to investigateand prosecute trafficking offenders in 2011. The governmentprohibits all forms of trafficking through its 2008 CriminalLaw (Human Trafficking) Act; however, to date no traffickingoffenders have been successfully convicted under this law.Penalties prescribed range from no imprisonment to lifeimprisonment, a range that is sufficiently stringent andcommensurate with punishments prescribed for other seriousoffenses, such as rape. During the year, NGOs advocated forthe offenses of forced labor and servitude to be clarified andfor the law to explicitly provide that such offenses need notinclude movement in order to constitute trafficking offenses.The government investigated 53 new trafficking cases in 2011,including 12 labor trafficking cases, compared with 75 casesinvestigated in 2010, and it prosecuted nine suspected sex, andno labor, trafficking offences. The government continued itsinvestigation of an officer for trafficking-related complicityinitiated in November 2010. According to an NGO review ofthe National Action Plan in June 2011, the low number ofprosecutions for trafficking contributes to an underestimationof the severity of the trafficking problem in the country.Although the government reported four trafficking convictionsin 2011, only one conviction involved a human traffickingoffense consistent with international standards. In thetrafficking case, a Nigerian woman who subjected a 16-year-old girl to exploitation in prostitution received a sentence offour years’ imprisonment, with two of the years suspended. Theother cases reported by the government involved sexual assaultwithout commercial exploitation, organized prostitution ofadults without force, fraud, or coercion, or solicitation ofpornographic images of children without a commercial sex act.The Government of Ireland continued to provide specialized,ongoing anti-trafficking training for law enforcement officersand other front-line responders.ProtectionDuring the reporting period, the Irish government maintainedits protection efforts for trafficking victims and administeredvictim-centered care plans to many trafficking victims. Thegovernment provided a total amount equivalent to $412,000to NGOs providing specialized services for victims of sex andlabor trafficking and referred victims to these NGOs. Victimswho were not nationals of EU countries received care and socialservices as directed by special provisions called administrativeimmigration arrangements for victims of human trafficking.Trafficking victims in the asylum process receive servicesas directed by the asylum provisions. A 2011 NGO papercriticized the system of care available to asylum seekingtrafficking victims and called for the abolition of the practiceof housing nationals of non-EU countries in mixed genderasylum centers, citing the risk of exacerbating trafficking-related trauma; this paper also noted long-term residence inaslyum hostels hinders victims’ recovery and compoundsmental health issues. While other benefits, such as medicalcare, education, and vocational training apply to all victims,anti-trafficking NGOs in Ireland reported critical distinctionsbased on a victim’s nationality made by government serviceproviders and influencing the overall quality of support offeredto a victim, specifically immigration benefits, availability oflong-term housing, and the right to work.The Irish government identified 57 potential victims in 2011,a decrease from 78 victims identified in 2010. The governmentreported the use of systematic procedures to guide officials inthe identification and referral of victims, though NGOs assessedthat better institutional cooperation among key stakeholdersis needed in order to identify victims and ensure they benefitfrom assistance programs. During the year, police referred29 potential trafficking victims, six of whom were identifiedas victims of labor trafficking, to government social workerswho prepared victim-centered care plans for their assistance.Under the administrative immigration arrangements forvictims of human trafficking, the government provided oneforeign victim with a 60-day reflection period – time to receiveimmediate care and assistance while considering whether ornot to assist law enforcement. The government reported atleast 25 suspected trafficking victims cooperated with lawenforcement in the investigation and prosecution of theirtraffickers in 2011. While victim cooperation is generallyviewed as positive for anti-trafficking efforts, local expertsnoted concerns about the potentially negative impact onasylum-seeking trafficking victims’ ongoing cooperation inlengthy cases without formal recognition or identificationby authorities that they are ‘suspected’ victims, as well aspotential threats from traffickers.Victims from non-EU countries were eligible to remain inIreland for up to three years under Ireland’s temporary residencypermit. The government granted one victim a temporaryresidency permit in 2011, compared with five temporarypermits issued in 2010, and it renewed 18 temporary residencypermits for trafficking victims. Other victims were either in theasylum process or did not require residency permits becausethey were from Ireland or other EU countries. The governmentreported that no identified trafficking victims were subjected todeportation from Ireland and there were no cases of traffickingvictims being criminalized for unlawful acts committed asa direct result of their being trafficked. Despite this, NGOscontinued to voice concerns that unidentified victims mayhave been inadvertently deported or punished for crimescommitted while under coercive control of their traffickers.PreventionThe government sustained its anti-trafficking preventionefforts. It re-launched a regional Blue Blindfold campaignin Ireland aimed at targeting potential victims and reducingthe demand for sex trafficking. The Irish Justice Department’santi-trafficking unit continued to coordinate the country’s
194ISRAELefforts; a high-level inter-departmental group also functionedas a coordinating mechanism. The government did notreport on any prevention measures targeted at reducing thevulnerability of unaccompanied foreign minors to trafficking.The Department of Defense provided ongoing anti-traffickingtraining for all Irish troops prior to their deployment abroadas part of international peacekeeping missions.ISRAEL (Tier 1)Israel is a destination country for men and women subjectedto forced labor and sex trafficking. Low-skilled workers fromThailand, China, Nepal, the Philippines, India, Sri Lanka,and, to a lesser extent, Romania, migrate voluntarily andlegally to Israel for temporary contract labor in construction,agriculture, and caregiving industries. Some subsequently faceconditions of forced labor, including through such practicesas the unlawful withholding of passports, restrictions onmovement, inability to change or otherwise choose one’semployer, nonpayment of wages, threats, sexual assault, andphysical intimidation. Many labor recruitment agencies insource countries or brokers in Israel require workers to payexorbitant recruitment fees to secure jobs in Israel – rangingfrom the equivalent of $4,000 to $20,000 – a practice thatcontributes to forced labor once migrants are working in Israel.Based on many documented victim testimonies, an increasingnumber of migrants and asylum seekers – primarily fromEritrea, Sudan, and to a lesser extent Ethiopia – arriving inIsrael are reportedly held for ransom and forced into sexualservitude or labor during their captivity in the Egypt’s Sinai.The Israeli government improved its system of identifying andproviding medical care for these victims, who are traffickedand abused before they arrive in Israel. Some isolated casesof women from the former Soviet Union, China, and SouthAmerica are subjected to forced prostitution in Israel, althoughthe number of women affected continues to decline since thepassage and implementation of Israel’s 2006 anti-traffickinglaw. Some NGOs report that Israeli women and girls aresubjected to sex trafficking in Israel, but police have foundno evidence indicating such internal trafficking.The Government of Israel fully complies with the minimumstandards for the elimination of trafficking. The Israeligovernment sustained strong law enforcement actions againstsex trafficking and strong overall prevention efforts duringthe year. Efforts to address labor violations of foreign workersthat could lead to trafficking vulnerability continued to lag,though the government convicted two individuals for labortrafficking during the reporting period. The governmentcontinued to fund and refer victims to two NGO-run sheltersfor trafficking victims. The government failed to protect somevulnerable populations, including some exploited foreignworkers, foreign migrants, and asylum seekers arriving fromEgypt who were forced into sexual servitude or forced laborduring their captivity in the Sinai.Recommendations for Israel: Increase the number of laborinspectors and translators in the agriculture, construction,and homecare sectors, ensuring that they are adequatelytrained in identifying trafficking cases; increase enforcementof foreign worker labor rights; evaluate employers andrecruitment agencies for histories or indicators of abusivepractices before referring migrant workers to them for newemployment; continue to strengthen victim identification ofmigrants and asylum seekers arriving from the Sinai, continueto accord those trafficking victims protections and medicaltreatment, and ensure trafficking victims are not penalizedfor unlawful acts committed as a direct result of beingtrafficked, such as immigration violations; adequately trainregional district police units in victim identification andenforcement of labor and sex trafficking laws; and increaseinvestigations of forced prostitution of Israeli nationals.ProsecutionThe Government of Israel sustained its strong law enforcementefforts against sex trafficking during the reporting period;it also made marked progress against labor trafficking. Thegovernment prohibits all forms of human trafficking throughits Anti-Trafficking Law of 2006, which prescribes penaltiesof up to 16 years’ imprisonment for trafficking of an adult,up to 20 years’ imprisonment for the trafficking of a child,up to 16 years’ imprisonment for slavery, and up to sevenyears’ imprisonment for forced labor. These penalties aresufficiently stringent and commensurate with those prescribedfor other serious crimes, such as rape. During the reportingperiod, the government conducted 18 investigations of sextrafficking and two investigations of forced labor underIsrael’s trafficking statute. Israeli courts convicted 15 sextrafficking offenders, some of whom were charged under thetrafficking statute but convicted under related statutes dueto limitations of available evidence in trafficking cases, andwere given sentences ranging from eight months to five years’imprisonment. In a precedential case in February 2012, thegovernment convicted two individuals for forced labor of aFilipina domestic worker under the trafficking statute. Whilethere was no evidence of physical violence inflicted upon thevictim, the court recognized this case as an offense of “holdinga person under conditions of slavery” and withholding of apassport; the sentence was pending at the end of the reportingperiod and the victim had been referred to a trafficking shelter.In a separate case, the government also convicted one allegedlabor trafficker under a non-trafficking statute, and sentencedhim to eight years’ imprisonment. At the end of the reportingperiod, the prosecution of 10 sex trafficking offenders andtwo labor trafficking cases remained pending. At the end ofthe reporting period, prosecution had not yet begun of anemployer who has been under investigation since May 2010for forcing a caregiver from Moldova to have sex with theemployer’s disabled son over a sustained period of time.
ISRAEL195As in the previous reporting period, police did not uncovercases in which Israeli women were forced into prostitution, yet alocal NGO observed that the majority of women in prostitutionare Israeli citizens, and some are restricted from leaving thebrothels where they work. NGOs continued to report that themajority of alleged labor trafficking complaints were made byNGOs, and that the government failed to provide sufficientfunding and staffing for police enforcement, particularly in thefield. The SAAR unit – which was established in 2009 as thecentral anti-trafficking police unit – was decentralized in July2011, and regional districts became responsible for handlingtrafficking investigations, overseen by an Israel National Policeheadquarters component. A smaller coordination unit waspreserved from the previous SAAR unit, which traditionallyoperated as an economic crimes unit. NGOs claimed thedecentralization would hurt the police’s ability to managecomplex field investigations, gather intelligence, and buildevidence for successful prosecutions, but the Israeli HighCourt found no evidence of a decrease in the government’sability to fight trafficking. Furthermore, the governmentasserted that the decentralization was designed to improveenforcement and coordination at local levels and that therewas no reduction in resources allocated for anti-traffickingefforts. Law enforcement entities continued to rely largelyon information from NGOs to investigate most instancesof alleged labor trafficking. For example, an Israeli NGOidentified several hundred victims of serious labor rightsabuses in the agricultural sector in 2011, which prompted aninvestigation that identified no victims of trafficking. Throughthe National Anti-Trafficking Unit, the government continuedto provide numerous anti-trafficking trainings, workshops,and seminars for law enforcement officers, judicial officials,labor inspectors, officials from various government ministries,social workers, and NGOs.ProtectionThe Government of Israel continued to improve its strongprotection of trafficking victims over the reporting period,although it lacked effective procedures to identify and protectsome trafficking victims among vulnerable populations,including migrant workers and other migrants who enteredfrom the Sinai. As a result, some unidentified victims mayhave been penalized for unlawful acts, such as immigrationviolations, committed as part of being trafficked. Israeli lawenforcement authorities employed systematic proceduresfor identifying foreign sex trafficking victims among high-risk persons with whom they came in contact. The policeestablished a new pilot program coordinated with an NGOto help identify sex trafficking victims during police raids ofbrothels. During the reporting period, police did not identifyany children or Israeli women forced into prostitution, thoughpress reports cited the existence of underage prostitution in TelAviv. An NGO noted that some victims who were trafficked inthe Sinai and later entered Israel remained in Saharonim prisonfor several weeks, but were then transferred to traffickingshelters. Additionally, the Ministry of Industry, Trade andLabor lacked Thai translators during inspections in theagriculture sector, thus inspectors were unable to communicatewith and receive complaints from the predominantly Thaimigrant workers in the sector. The government providedvictim identification training and workshops to judges, socialworkers, law enforcement and prison officials, labor inspectors,and NGOs which resulted in marked improvement in theidentification of trafficking victims.The government continued to fund its 35-bed Maagan shelterfor foreign female trafficking victims and the 35-bed Atlasshelter for foreign male trafficking victims, both of which wereopen and allowed shelter residents to freely leave. NGOs andinternational organizations praised the efforts of these sheltersbut also claimed that they were insufficient to treat the scale oftrafficking victims who were not officially identified in Israel,particularly among migrants and asylum seekers arriving fromthe Sinai. The government opened new apartments as neededto handle additional identified victims. Law enforcement andjudicial officials referred 16 women to the Maagan shelterand 10 men to the Atlas shelter in 2011; while the number ofwomen referred to the shelter was similar with the previousyear, referrals of men dropped significantly compared to2010. In 2011, the shelters housed 26 trafficked women, 13men, and six children. No child victims of trafficking werereferred to the shelter this year, but the children of some adulttrafficking victims were housed in the shelter with their parent.The shelter staff maintained contact with trafficking victimsafter they had left the shelter to assist victims with long-termreintegration into Israeli society and to ensure future workconditions were not exploitative. The government continued tofund and supervise the shelters and legal and medical services,allocating the equivalent of approximately $811,000 in 2011to fund the NGO-operated Atlas and Maagan facilities. Theseshelters offered job training, psychosocial support, medicaltreatment, language training, and other services. The LegalAid Branch of the Ministry of Justice continued to provide freelegal aid to victims and included a special representative withexpertise in handling human trafficking cases. In 2011, theBranch granted legal aid to 54 possible victims of trafficking,including victims of sex trafficking and forced labor, as well asthose who entered from the Sinai and allegedly experiencedconditions of forced labor and sex trafficking in Egypt. Thegovernment encouraged victims to assist in the investigationand prosecution of trafficking but did not require it. Duringthe year, the government issued or extended several temporaryB1 visas to trafficking victims that allowed victims to worklegally and without restriction; these were not contingent ontheir participation in investigations or prosecutions. SomeNGOs complained that identified victims of trafficking whosuffered abuses in Egypt were not accorded B1 visas in Israel,but were instead issued standard deferred deportation ordersthat served as de facto work permits.The Israeli government continued to grapple with the influxof foreign migrants and asylum seekers arriving from theSinai, primarily from Eritrea, Sudan, and to a lesser extentEthiopia, many of whom were victims of torture prior totheir entry into Israel, and some of whom were identified asvictims of trafficking. NGOs noted the government’s improvedprocedures in Israeli prisons to identify trafficking victimsamong this large group of migrants and referral of victims toservice providers. The government continued to improve itssystem of identifying victims and providing medical treatment,even to those victims who were abused and trafficked prior toarriving in Israel. Judges identified, released from detention,and referred to shelter services 30 possible trafficking victimswho had entered Israel from the Sinai. Police, who can officiallyidentify trafficking victims and refer them to the shelters, onlyauthorized the referral of 15 of these victims to the shelters,based on detailed assessments. Police recognized the other15 as torture victims, not as trafficking victims; therefore,they were not authorized access to the trafficking shelters.The government indicated it did not have the capacity toprovide assistance to the large numbers of trafficking victims
196ITALYamong the migrants arriving from Egypt. In March 2011, thegovernment reported that it ceased the practice of “hot returns”of migrants and asylum seekers back to Egypt, citing the lackof effective coordination by Egyptian authorities receiving themigrants. NGOs filed two complaints to the State Attorney’soffice in August 2011 regarding prior incidents of hot returns,but there were no reported cases of new hot returns since July2011. According to international organizations and NGOs,immigration officials pressured some migrants who mayhave been trafficking victims with disputed nationalities notto claim citizenship of Sudan or Eritrea, because nationalsof those countries have received temporary protective statusfrom deportation. As a result, these possible trafficking victimswere not offered protection, which includes shelter and B1visas. The Ministry of Interior (MOI) deported some asylumseekers who arrived from the Sinai and were determined tobe Ethiopian without determining if they were victims oftrafficking. Moreover, judges referred at least two of thesemigrants to police as trafficking victims, yet police did notvalidate the initial assessment, and the MOI deported thevictims.PreventionThe Israeli government made sustained progress in preventinghuman trafficking over the reporting period. In December2011, the government held its fourth annual ceremony topresent awards to individuals or organizations that madea significant contribution against human trafficking. TheKnesset Subcommittee on Trafficking in Women held frequentmeetings during the reporting period that were open to thepublic and covered by the media. As a continuation of thegovernment’s efforts from the previous reporting period,the country’s national coordinator for human traffickingpublished an annual summary of the Israeli government’santi-trafficking efforts. The government conducted 20investigations of recruitment agencies, of which 12 cases werereferred for prosecution. NGOs continued to raise concernsover amendments to the Law of Entry, which passed in theKnesset in May 2011 and might further bind foreign workersto particular sectors, employers, and geographic regions. Theseamendments specifically affect work permits issued to migrantworkers in the caregiving sector in Israel. The governmentcontinued to distribute a labor rights brochure to foreignworkers arriving at Ben Gurion Airport. Under the November2010 amendment to the Foreign Workers Law, labor inspectorsentered and inspected private residences in which migrantworkers were employed. In efforts to reduce the demandfor commercial sex acts, in February 2012, a governmentcommittee endorsed a bill prohibiting the procurement ofprostitution that was pending in the Knesset at the end of thereporting period. The government also opened 293 cases ofmanaging a property for the purpose of engaging persons inprostitution and eight cases of advertisement of prostitutionservices.ITALY (Tier 1)Italy is a destination and transit country for women, children,and men subjected to sex trafficking and forced labor. Victimsoriginate from Romania, Nigeria, Morocco, Albania, Moldova,Russia, Ukraine, Bulgaria, China, Belarus, Brazil, Peru,Colombia, Kazakhstan, Kyrgyzstan, Pakistan, Bangladesh,and Ecuador. Children, mostly from Romania and Nigeria,continued to be subjected to sex trafficking and forced begging;some children were also subjected to forced criminality. Mostmale child victims of sex trafficking were Roma, but somewere Moroccans and Romanians. A significant number of mencontinued to be subjected to forced labor and debt bondage,mostly in the agricultural sector in southern Italy and theconstruction and service sectors in the north. Recruiters ormiddlemen are often used as enforcers for overseeing thework on farms in the south; they are sometimes foreignersreportedly linked to organized crime elements in southernItaly. Immigrant laborers working in domestic service, hotels,and restaurants were also particularly vulnerable to forcedlabor. Forced labor victims originate in Poland, Moldova,Romania, Pakistan, Albania, Morocco, Bangladesh, Egypt,India, China, Senegal, Ghana, and Cote d’Ivoire.The Government of Italy fully complies with the minimumstandards for the elimination of trafficking. The governmentgenerally continued to implement a flexible, victim-centeredapproach to victim identification and provided comprehensiveprotection and assistance to a significant number of traffickingvictims in 2011. It continued vigorously to prosecute andconvict trafficking offenders using its trafficking law. NGOsremain concerned, however, that the government’s focus onthe expedited return of illegal migrants – such as its effortsin 2009 to interdict African migrants on the high seas anddeliver them to Libya, and to deport foreign women foundin street prostitution without screening them for traffickingindicators – may have resulted in trafficking victims notbeing identified by authorities, and their being treated as lawviolators and thus penalized for unlawful acts committed asa direct result of being trafficked.Recommendations for Italy: Collect and disseminatecomprehensive law enforcement data disaggregating forcedlabor from forced prostitution convictions; increase systematicefforts to proactively identify victims of trafficking; ensurespecialized outreach and identification efforts extend to allvulnerable groups and potential trafficking victims, especiallyforeign migrants without status; standardize identificationand referral procedures for trafficking victims on the nationallevel to ensure victims are not inadvertently deported orotherwise punished for crimes committed as a direct resultof being trafficked; implement proactive anti-traffickingprevention programs targeted at vulnerable groups, traffickedvictims, and the larger public; establish an autonomous,national rapporteur to enhance anti-trafficking efforts andshare Italy’s best practices on victim protection with othercountries.ProsecutionThe Government of Italy continued to vigorously investigate,prosecute, and convict trafficking offenders during thereporting period. Italy prohibits all forms of trafficking inpersons through its 2003 Measures Against Trafficking inPersons Law, which prescribes penalties of eight to 20 years’
JAMAICA197imprisonment. These penalties are sufficiently stringent andcommensurate with penalties prescribed for other seriousoffenses, such as rape. In 2010, the government reportedinvestigating 2,333 suspected trafficking offenders, comparedwith investigating 2,521 suspects in 2009. Italian prosecutorsbrought to trial 621 trafficking offenders, and trial courtsconvicted 174 trafficking offenders under Italy’s 2003trafficking law in 2010, compared to 166 convictions in 2009.The average sentence imposed on offenders convicted underthe country’s trafficking law was 6.5 years in prison. Traffickingoffenders convicted for exploitation of underage prostitutionand slavery laws were given sentences averaging 3.5 and 1.5years, respectively. The government did not disaggregate itsdata to demonstrate convictions of forced labor offenders.The government continued to investigate acts of trafficking-related complicity involving officials, including the April 2011arrest of two Palermo police officers for extorting womenin prostitution; the government indicted one of the twopolicemen on January 18, 2012, and the other entered a guiltyplea on January 25, 2012. The government did not report anyfurther information regarding a May 2010 case involving thearrest of two police officers suspected of trafficking-relatedcomplicity in a nightclub in Pisa and a December 2009 case inwhich authorities charged two prison guards with exploitationof women in prostitution. In April 2011, a trial began for formerPrime Minister Berlusconi for the alleged commercial sexualexploitation of a Moroccan minor. During the reporting period,the government continued to conduct specialized training onvictim identification and investigation of trafficking for lawenforcement agencies.ProtectionThe Italian government continued its strong efforts to identifyand protect victims of trafficking by promoting a flexible,victim-centered approach to identifying potential traffickingvictims. Although Italy does not have a formal reflection periodduring which trafficking victims can recuperate and decidewhether to assist law enforcement, authorities informallygrant this to victims and do not limit it to a finite number ofdays. NGOs praised the good results of this approach whencombined with comprehensive assistance. The governmentreported it identified and referred for care 724 new traffickingvictims in 2011, and it continued to provide comprehensiveassistance to 836 victims referred in previous years. Thegovernment reported 23 percent of all victims assisted in2011 were men, and 6.5 percent were children. Article 13 ofthe Law 228/2003 provides victims with three to six months’assistance while Article 18 of Law 286/1998 guarantees victimsshelter benefits for another 12 months and reintegrationassistance. Application of this article is renewable if the victimfinds employment or has enrolled in a training programand is sheltered in special facilities. Foreign child victims oftrafficking received an automatic residence permit until theyreached age 18. Government funding for victim assistance,primarily through the funding of NGOs by national, regionaland local authorities, was the equivalent of approximately$13 million in 2011.Victims are not required to cooperate with police in order toreceive a residence permit. The government reported it issued1,078 temporary residence visas in 2011; although this numberlikely includes victims of other forms of exploitation. Further,it reported it issued 608 renewals of residency permits in 2011.The top three countries of origin of assisted victims wereNigeria, Romania, and Morocco. The government reported that68 percent of assisted victims cooperated with police in theinvestigation of their exploiters. While there are arrangementsat the local level to help guide officials in identifying andreferring trafficking victims, the government has yet to adoptformal procedures on the national level for all front-lineresponders in Italy. NGOs reported the quality of the referralprocess for victims varied from region to region.During the reporting period, the government continuedto implement anti-immigration security laws and policiesresulting in fines for illegal migrants and their expeditedexpulsion from Italy. Italian authorities did not screen thesemigrants to identify trafficking victims. In February 2012,the European Court of Human Rights ruled that the Italiangovernment’s “push-back” policy, in effect for several monthsin 2009, of intercepting migrants on the high seas and sendingthem to detention camps in Libya violated the migrants’right to seek asylum and placed them at risk of hardship orretribution in Libya or in their country of origin.PreventionThe Government of Italy sustained its anti-traffickingprevention efforts in 2011. The Ministry for Equal Opportunity,through a committee that included independent expertsand NGOs, completed Italy’s first national action plan ontrafficking and submitted the draft plan to Parliament inJanuary 2012. According to country experts, the Eurozone crisisresulted in increased unemployment among foreign workersin Italy, thus increasing their vulnerability to exploitation. OnAugust 13, 2011 the government issued a decree to criminalizeand increase penalties for labor brokers who exploit vulnerableworkers. The law provides sentences of five to eight years andfines; sentences are increased to 10-24 years for child victimsor if victims are exposed to health hazards. The governmentdemonstrated some transparency in its anti-trafficking effortsby maintaining a monitoring system on the regional andnational level in conjunction with anti-trafficking NGOs in2011, but it did not monitor or report publicly on its variousmeasures to address the problem.The Ministry of Tourism implemented a program from 2010to 2011 to reduce child sex tourism by issuing certificatesof responsible tourism to travel agencies and tour operatorsfor their outreach to potential clients and implemented acountry-wide media campaign to promote awareness amongpotential clients of child sex tourism. The Italian armedforces regularly continued to organize training to preventthe trafficking or sexual exploitation of women and childrenby Italian troops who are deployed abroad on internationalpeacekeeping missions.JAMAICA (Tier 2 Watch List)Jamaica is a source, transit, and destination country for adultsand children subjected to sex trafficking and forced labor.The exploitation of local children in the sex trade, a form ofsex trafficking, remains a problem. The media has reportedthat pimps are luring Jamaican children under age 18 intoprostitution, especially in urban areas in Jamaica. NGOsand the government remain alarmed at the high numberof missing children and are concerned that some of thesechildren are falling prey to sex trafficking. Sex trafficking ofchildren and adults likely occurs on the street, in night clubs,bars, and private homes. In addition, massage parlors in