2012 Human Trafficking Report: Country Profiles N-S (5/7)Document Transcript
NAMIBIA259for identifying potential victims of trafficking and referringthem to organizations providing protective services. TheInterior Ministry’s Women and Children’s Victim AssistanceUnit continued to operate facilities in over 200 police stationsthroughout the country that provided temporary shelterfor an unknown number of trafficking victims and referredvictims to NGOs offering services. In 2011, the Institute forJudicial Support, a government body that provides legaladvice to the impoverished, began to offer legal assistance toabused women and children, including an unknown numberof trafficking victims. The government offered very limitedreintegration assistance to repatriated trafficking victims. Thegovernment encouraged victims to assist in the investigationand prosecution of trafficking offenders. The government didnot provide temporary residency status or legal alternativesto the removal of foreign victims to countries where theymight face hardship or retribution and it continued to deportforeign trafficking victims without screening them for possiblevictimization. Although NGO contacts reported no instancesof trafficking victims having been detained, fined, or jailed forunlawful acts committed as a result of having been trafficked,the lack of formal identification procedures impaired thegovernment’s ability to ensure that no trafficking victimsreceived such penalties.PreventionThe Government of Mozambique demonstrated decreasedtrafficking prevention efforts during the reporting periodand lacks a single national body to coordinate anti-traffickingefforts across ministries. A national action plan to combathuman trafficking exists as a subsection of the government’scurrent five-year anti-crime plan, and the MOJ began draftingan independent plan specific to trafficking. The Ministry ofLabor employed labor inspectors, but they were too few innumber, lacked resources such as transportation, and hadgenerally not received adequate training regarding humantrafficking. Consequently, the government did not adequatelymonitor for child trafficking and labor violations, especiallyon farms in rural areas, and judges frequently dismissedcases because inspectors did not properly prepare evidence.The number of public awareness campaigns decreased fromthe previous year, when the government was more active indistributing information on human trafficking to students,outgoing travelers, community leaders, and businesses. Thegovernment did not make an effort to reduce the demandfor commercial sex acts during the year. In July and August2011, the Caucus of Women Parliamentarians led delegationsof public officials and civil society leaders to the cities ofQuelimane and Nampula to conduct two days of trainingfor local officials and to raise awareness among the publicof the legal remedies provided by anti-trafficking, spousalprotection, and family laws.NAMIBIA (Tier 2 Watch List)Namibia is a country of origin, transit, and destination forwomen, children, and possibly men subjected to forced laborand sex trafficking. Victims lured by promises of legitimatework for adequate wages may instead be forced to work longhours and carry out hazardous tasks in urban centers and oncommercial farms. Traffickers in Namibia exploit Namibianchildren, as well as children from Angola, Zambia, andZimbabwe, through forced labor in agriculture, cattle herding,fishing, and domestic service as well as in prostitution. Touristsfrom southern Africa and Europe are among the clienteleof children in prostitution in Namibia. Children are forcedto care for the children of farm or factory workers and arealso coerced to engage in criminal activity, including drugsmuggling and robberies. Some adults subject the childrenof their distant relatives to sex trafficking or forced labor.Among Namibia’s ethnic groups, San girls are particularlyvulnerable to be trafficked for prostitution and forced laboron farms or in domestic service. Allegations arose during theyear regarding the labor conditions at Chinese companies’construction sites in Namibia, including long hours and lowwages for both Chinese and Namibian staff.The Government of Namibia does not fully comply withthe minimum standards for the elimination of trafficking;however, it is making significant efforts to do so. Despitethese efforts, including its continued investigation of ninesuspected traffickers and the initiation of one potentialtrafficking investigation in 2011, the government did notdemonstrate evidence of overall increasing efforts to addresshuman trafficking over the previous year; therefore, Namibia isplaced on Tier 2 Watch List. The government failed to prosecuteor convict trafficking offenders during the year and has notyet prosecuted or convicted a trafficking offender under any ofits laws. During the year, the cabinet approved the Child Careand Protection Bill, which now awaits parliamentary debateand passage. The government also completed its renovation ofthree additional shelters for victims of gender-based violence,including trafficking. Although the government continuedpublic awareness campaigns, it took no action to prosecutesex trafficking offenders and protect such victims.Recommendations for Namibia: Greatly increase effortsto investigate and prosecute trafficking offenses and convictand punish trafficking offenders under existing legislation,including the Prevention of Organized Crime Act (POCA);train law enforcement officials on the anti-traffickingprovisions of the POCA and other relevant legislation; establisha formal process for the identification of victims and theirsubsequent referral to care among law enforcement,immigration, labor, and social welfare officials; continue todedicate adequate time and resources to complete ongoingshelter and safe house renovations; strengthen coordinationof anti-trafficking efforts across the government; conductnational anti-trafficking public awareness campaigns; andcollect data and maintain databases on trafficking cases.ProsecutionThe Government of Namibia made modest anti-trafficking lawenforcement efforts during the year, as it failed to prosecuteor convict trafficking offenders. In May 2009, the governmentenacted the POCA of 2004, which explicitly criminalizes allforms of trafficking. Under the POCA, persons who participatein trafficking offenses or aid and abet trafficking offenders maybe imprisoned for up to 50 years and fined up to the equivalent
260NEPALof $133,000, penalties which are sufficiently stringent andcommensurate with punishments prescribed for other seriouscrimes, such as rape. The government, however, has yet toprosecute or convict a trafficking offender under the POCAor other relevant laws. In August 2011, the government, inpartnership with UNODC, held an inter-ministerial workshopto plan its development of comprehensive anti-traffickinglegislation that would include specific provisions relating totrafficking crimes committed against children and adults;however, the Ministry of Justice did not begin to draft thislegislation during the year. The pending Child Care andProtection Bill, drafted in 2009 – which includes a provisionagainst child trafficking – was approved by the cabinet inMarch 2012 and referred to parliament for debate and passage.The government continued to make efforts to address labortrafficking, especially forced child labor. In August andSeptember 2011, the Ministry of Labor and Social Welfare(MLSW), in collaboration with the Police, the Ministry ofGender Equality and Child Welfare (MGECW), and theNamibian Central Intelligence Agency investigated a potentiallabor trafficking case involving numerous youth and children;although the prosecutor general recommended a criminalcomplaint be filed as a violation of forced labor provisions ofthe 2007 Labor Act, no alleged offenders have been arrested.In the previous reporting period, the MLSW followed-upon 111 cases of child labor discovered in 2009, leading theNamibian Police Force’s Woman and Child Protection Unit(WACPU) to open criminal investigations in nine cases whereemployers failed to obey compliance orders received in 2009.In 2011, WACPU reported its continued investigation of thesecases, which were then forwarded for prosecution; althoughprosecutors reported withdrawing the cases due to a lackof evidence, other officials noted that prosecutors did notknow how to use existing laws to prosecute these cases andneed training on addressing human trafficking. Despite theacknowledged need for training of police and prosecutorson trafficking and relevant existing laws, and while officialsparticipated in trainings sponsored by UNICEF or foreigngovernments, the government did not provide such training toits staff or support NGOs that did so during the year; humantrafficking is not covered as part of any institutionalized basictrainings. However, during the year, in partnership withUNICEF and NGOs, the government began development ofa new police curriculum on gender-based violence, includingtrafficking. Despite its attention to forced labor cases, thegovernment continued to take no action to prosecute sextrafficking in Namibia during the year.ProtectionOverall, the Namibian government did not demonstrateincreasing efforts to protect trafficking victims. Althoughthe government discovered children in one suspected labortrafficking ring, it identified fewer victims than in previousyears. Despite the existence of government-operated sheltersand services for victims of crime, the government did notreport their use by trafficking victims in 2011. The governmentcontinued to lack systematic procedures for its officials to use inproactively identifying trafficking victims and referring themto care. Police previously had been trained to contact WACPUif they discover a woman or child victim, and WACPU policeare subsequently responsible for referring victims – on an adhoc basis, as is done for victims of all crimes – to temporaryshelter and medical assistance provided by NGOs or otherentities. The MGECW provided social workers to assist policein counseling victims of violent crimes, including humantrafficking; however, officials noted that social workers andother first responders remain unaware of trafficking indicators.The government continued its renovation of buildings to beused for long-term accommodation for women and childvictims of gender-based violence and human trafficking; twofacilities continued operation, while three were renovatedduring the reporting period. The government continued itsoperation of three ”one-stop” facilities for providing care forvictims of gender-based violence, including trafficking, inWindhoek, Oshakati, and Rundu, which offered overnightaccommodation, medical examinations, and space for socialworkers to provide counseling and psychosocial support.There are no such facilities for the care of men who arevictims of trafficking. The government may grant temporaryor permanent residency to foreign victims on a case by casebasis; however, with the quick enforcement of immigration lawforeign trafficking victims – including children – were mostlikely deported for immigration violations before identificationas trafficking victims.PreventionThe Namibian government continued its efforts to preventhuman trafficking during the reporting period. Under theleadership of the MGECW, the inter-ministerial committee,which coordinated government activities on gender-basedviolence and trafficking, began drafting the 2012-2016national action plan, which awaits finalization. Nonetheless,coordination and communication across government entitieson anti-trafficking efforts are not yet effective enough tofacilitate understanding of and progress on trafficking issues.The government continued its “Zero Tolerance Against Gender-Based Violence and Trafficking in Persons” media campaignincluding TV and radio broadcasts on human trafficking. Inaddition, the police and MGECW partnered with several NGOson an anti-trafficking and prostitution demand reductioncampaign. With donor funding, the MGECW launched anawareness campaign on gender-based violence and trafficking,including TV and radio spots and placement of billboards.Unlike in 2010, the MLSW did not make efforts to raiseawareness of child labor issues, including child trafficking.NEPAL (Tier 2)Nepal is mainly a source country for men, women, and childrenwho are subjected to forced labor and sex trafficking. Nepalimen are subjected to forced labor, most often in the MiddleEast and, to a lesser extent, within the country. Nepali womenand girls are subjected to sex trafficking in Nepal, India, andthe Middle East, and also are subjected to forced labor in Nepaland India as domestic servants, beggars, factory workers, mineworkers, and in the adult entertainment industry. They aresubjected to sex trafficking and forced labor in other Asiandestinations, including Malaysia, Hong Kong, and SouthKorea. The Chinese district of Khasa on the border withNepal is an emerging sex trafficking destination for Nepaliwomen and girls. Nepali boys also are exploited in domesticservitude and – in addition to some Indian boys – subjectedto forced labor in Nepal, especially in brick kilns and theembroidered textiles industry. An NGO noted that forced laborof Nepali children in Nepali and Indian circuses has declineddramatically due in large part to the rescues spearheaded bythat organization. Bonded labor exists in agriculture, brick
NEPAL261kilns, and the stone-breaking industry, often based on caste.Traffickers generally target uneducated people, especiallyfrom socially marginalized and traditionally excluded groups.Many Nepali migrants seek work in domestic service,construction, or other low-skilled sectors in Gulf countries,Malaysia, Israel, South Korea, and Lebanon with the helpof Nepal-based labor brokers and manpower agencies. Theymigrate willingly but some subsequently face conditionsindicative of forced labor, such as withholding of passports,restrictions on movement, nonpayment of wages, threats,deprivation of food and sleep, and physical or sexual abuse.Many are deceived about their destination country, theterms of their contract, or are subjected to debt bondage,which can in some cases be facilitated by fraud and highrecruitment fees charged by unscrupulous agents. A recentAmnesty International study found that migrant workers whoreported experiencing problems during their migration paidan average of up to the equivalent of approximately $1,400in fees to recruitment agents before their departure, almostthree times the average annual income for Nepalese, andthe equivalent of 10 to 12 months worth of average wages inthe Gulf labor markets. However, some Nepalese have paidas much as up to the equivalent of $12,000 to recruitmentagencies. Many workers migrate via India; this is illegal underthe 2007 Foreign Employment Act that requires all workersto leave for overseas work via the Kathmandu airport. Manymigrants leave by land to avoid legal migration registrationrequirements and to avoid paying bribes that some officialsrequire at the airport to secure migration documents. A recentInternational Trade Union Confederation report noted thatmany employment agencies force migrant workers to travelvia India in order to avoid insurance coverage or a properdocumentation system and to avoid obligations to payworkers their entitlements. Unregistered migrants – thosewho travel via India or independent recruiting agents – aremore vulnerable to forced labor. Bangladeshis transit Nepalfor employment in the Gulf and are at risk of being trafficked.The Government of Nepal does not fully comply with theminimum standards for the elimination of trafficking; however,it is making significant efforts to do so. The governmentdeveloped two policy initiatives providing minimum standardsfor trafficking victim care and standard operating proceduresfor shelter homes, endorsed a national plan of action on humantrafficking, and increased prosecutions. Problems remained,however. Anti-trafficking structures were ineffective, andtrafficked Nepali migrant workers did not receive sufficientsupport from the government. Anti-trafficking laws were notwell implemented, and some funds allocated for protection inprevious years remain unspent. Victim identification effortswere weak, with child sex trafficking victims sometimes beingreturned to their abusers in the wake of raids. Incidents oftrafficking-related complicity by government officials persistedand were unaddressed through law enforcement means.Recommendations for Nepal: Increase law enforcementefforts against all forms of trafficking and against governmentofficials who are found to be complicit in trafficking; showevidence of efforts to investigate, prosecute, and punishoffenses of labor trafficking involving Nepalese migrantsexploited abroad; show evidence of prosecuting and punishingNepalese labor recruiters for charging excessive recruitmentfees or engaging in fraudulent recruitment; institute a formalprocedure to identify victims of trafficking and refer themto protection services; ensure that trafficking victims are notpunished for involvement in prostitution or forgery of officialdocuments; raise awareness among government officials andthe public of the existence of forced prostitution of Nepaliwomen and girls in Nepal; publicize the lift of the ban onwomen working as domestic workers in the Gulf; work withIndian officials to establish a procedure to repatriate Nepalivictims of trafficking in India; decentralize the system to filecomplaints under the Foreign Employment Promotion Boardas a means to facilitate victims’ access to legal remedy; developa comprehensive witness protective mechanism; providecitizenship documents to returnee female victims of traffickingand their children; and ratify the 2000 UN TIP Protocol.ProsecutionThe Government of Nepal maintained law enforcementefforts during the reporting period. Nepal prohibits most –but not all – forms of trafficking in persons, including theselling of human beings and forced prostitution, through itsHuman Trafficking and Transportation Control Act (2007)and Regulation (2008) (HTTCA). The HTTCA also prohibitsother offenses that do not constitute human trafficking, such aspeople smuggling and purchasing commercial sex. Prescribedpenalties range from 10 to 20 years’ imprisonment, which aresufficiently stringent and commensurate with those prescribedfor other serious crimes, such as rape. The Bonded Labor(Prohibition) Act (2002) prohibits bonded labor but has nopenalties. According to the Office of Attorney General, 229offenders were convicted in 157 district court cases triedunder the HTTCA, compared with 174 offenders convictedin the previous fiscal year in 119 cases. It is not known howmany of these convictions were for human trafficking sincethe same law also prohibits other crimes. In addition, labortrafficking cases may be prosecuted as foreign employmentviolations, resulting in smaller penalties than if tried under theHTTCA. The National Judicial Academy, with foreign funding,managed and conducted a three-day training-of-trainersprogram in September for 20 government officials. Manygovernment officials do not prosecute under the traffickinglaw due to lack of awareness about the law and challenges inevidence collection. Some NGOs report that law enforcementauthorities do not consider domestic forced prostitution ofadults to be a trafficking issue.The incidence of trafficking-related complicity by governmentofficials remained a problem. Observers report that traffickersuse ties to politicians, business persons, state officials, police,customs officials, and border police to facilitate trafficking,including the paying of bribes for protection and favors.Some Nepali officials work with traffickers in providing falseinformation in genuine Nepali passports, or in providingfraudulent documents. Politically connected perpetratorsoften enjoyed impunity from prosecution and punishment.There were no investigations, prosecutions, or convictions ofgovernment officials for complicity in trafficking during thereporting period.P
262NETHERLANDSProtectionThe Government of Nepal made limited efforts to protectvictims of trafficking in the reporting period, but preparedand approved two policy documents to help facilitate victimprotection. The Government of Nepal does not have a formalsystem of proactively identifying victims of trafficking amonghigh-risk persons with whom they come in contact and, asa result, some victims were penalized for acts committedas a result of being trafficked. Victim identification did nottake place in brothel raids. As a result, some child victimswere arrested and then bailed out by their traffickers; thisbail further indebted the girls to their exploiters. Some sextrafficking victims were jailed.Interviewees in a December 2011 Amnesty International studyof 149 returned or prospective migrant workers highlightedthe lack of support Nepali migrant workers received from theDepartment of Foreign Employment, the Foreign EmploymentPromotion Board, and Nepali diplomatic missions indestination countries, when migrant workers sought redressfor abuses – including fraudulently advertised employmentterms – committed by Nepali labor recruiters. The governmentcontinued to run emergency shelters in Saudi Arabia, Qatar,Kuwait, and the United Arab Emirates. The Ministry of Labor’sCommittee to Hear the Issue of Undocumented Workersestablished a up to the equivalent of a $125,000 fund toassist exploited undocumented workers, which could includetrafficking victims. While the Foreign Employment PromotionBoard collected fees from departing registered migrant workersfor a welfare fund, most of the funds remain unused, as manymigrants are unaware of their entitlement to these benefits.The Ministry of Women, Children, and Social Welfare(MWCSW), in consultation with NGOs, prepared and approvedtwo policy initiatives: the National Minimum Standards forVictim Care and the Standard Operating Procedures for shelterhomes. The MWCSW reported it continued to partially fundeight NGO-run shelter homes for female victims of trafficking,domestic violence, and sexual assault. The MWCSW alsoreported it continued to fund emergency shelters across thecountry for victims of trafficking and other forms of abuse,run by local women’s cooperatives. The government reportedthat it assisted 438 females in government-funded shelters inthe 2010-2011 fiscal year, although there was no informationwhether these females were trafficking victims or victims ofother forms of abuse. Most of the funds the government hasallocated for protection efforts have remained unspent, andin practice many trafficking victims did not receive legallymandated compensation. The government did not have anofficial process to refer victims to shelters. All facilities thatassist trafficking victims were run by NGOs and most provideda range of services, including legal aid, medical services,psychosocial counseling, and economic rehabilitation. Someof these shelters limited victims’ freedom of movement andcontrolled their access to money. There were insufficientfacilities to meet the needs of all survivors and there were noprotective services for males. Limited protections for victimsnegatively affected law enforcement efforts. The governmentdid not routinely encourage trafficking victims to participatein investigations against their traffickers, but anecdotal reportsnoted that individual police officers increasingly encouragedvictims’ participation.PreventionThe Government of Nepal increased its efforts to preventhuman trafficking during the reporting period. In August 2011,the National Committee for Controlling Human Traffickingestablished a secretariat and the government appointed acoordinator under the oversight of a joint secretary. TheSecretariat organized the government’s participation in thefifth annual national anti-trafficking day. NGOs state that themajority of the District Committees for Controlling HumanTrafficking do not function well or are not active. The lackof political stability and resources has hampered translatingcommitments into actions. The prime minister visited aleading anti-trafficking NGO in October 2011. The governmentendorsed the National Plan of Action on Trafficking in Personsin March 2012.Chapter 9 of the 2007 Foreign Employment Act (FEA)criminalizes the acts of an agency or individual sendingworkers abroad through fraudulent recruitment promisesor without the proper documentation, prescribing penaltiesof three to seven years’ imprisonment for those convicted.Fraudulent recruitment puts workers at significant risk oftrafficking. The Foreign Employment Tribunal – which hearscases based on the FEA – is based in Kathmandu withoutbranch offices. This limits the ability of victims outside ofthe capital to file cases. The government reported data onprosecutions and convictions under the FEA, but given capacityconstraints was unable to provide the number of prosecutionsand convictions under the fraudulent recruitment section ofChapter 9 of the Act. During the year, the Foreign EmploymentPromotion Board continued to conduct safe migration radioprograms throughout the country, and increased the reachof its programs to all 75 districts, compared to 50 districtsthe previous year. The government worked with UNICEF andUNHCR to increase birth registrations. In order to reducethe demand for commercial sex acts, the government raidedestablishments suspected of child sex tourism and arrestedclients; however, with poor identification procedures, somesex trafficking victims also were arrested. All Nepali militarytroops and police assigned to international peacekeepingforces were provided pre-deployment anti-trafficking trainingfunded by a foreign government. Nepal is not a party to the2000 UN TIP Protocol.NETHERLANDS (Tier 1)The Netherlands is a source, destination, and transit countryfor men, women, and children subjected to trafficking inpersons, specifically forced prostitution and forced labor. TheNetherlands, Nigeria, Hungary, Bulgaria, Poland, Guinea,Romania, and China are the top eight countries of origin foridentified victims of mostly forced prostitution, accordingto the government, although victims from Macedonia andUganda also were found. Men and boys are subjected to forcedprostitution and various forms of forced labor, including inagriculture, horticulture, catering, food processing, cleaning,and illegal narcotics trafficking. Male victims were primarilyfrom Poland, Hungary, Nigeria, Angola, Sierra Leone, andGuinea in 2011 but also were seen from Ghana, China,Romania, Portugal, Suriname, and the Netherlands. There aresome reports that foreign diplomats posted in the Netherlandssubject their staff to domestic servitude. Groups vulnerable totrafficking include unaccompanied children seeking asylum,women with dependent residence status obtained through
NETHERLANDS263fraudulent or forced marriages, women recruited in Africa,and East Asian women working in massage parlors. Criminalnetworks often are involved in forced prostitution and forcedlabor involving foreigners, while those involved in forcedprostitution of Dutch residents may work independently andexploit one to two victims at a time. In 2011, the governmentreported an increased number of underage Dutch residentsas victims, who are increasingly controlled through force andviolence and recruited over the Internet.The Government of the Netherlands fully complies withthe minimum standards for the elimination of trafficking.The government continued to employ a multi-disciplinaryapproach to its anti-trafficking efforts, which resulted in thedetection of more trafficking victims, increased investigationof forced labor, and an overall increase in the convictionof trafficking offenders. It continued to pursue pragmaticapproaches to improve victim care and increase victimincentives to cooperate with law enforcement. Sentences forconvicted traffickers, however, remained consistently lowduring the year.Recommendations for the Netherlands: Ensure convictedtrafficking offenders receive sentences commensurate withthe seriousness of the crime; continue to develop pragmaticapproaches to victim outreach within illegal and legal laborsectors, including potential victims inadvertently held indetention centers; ensure sufficient shelter capacity for thedelivery of comprehensive and specialized services fortrafficking victims; continue to employ innovative methodsto uncover and prosecute forced labor; continue to offer anti-trafficking training to improve identification of victims andprosecution of traffickers in Bonaire, St. Eustatius, and Sabaislands; expand the government’s international leadershiprole to share best practices with other countries, in particularits practices on victim identification and assistance, protectionof unaccompanied foreign minors, and its pragmatic, self-critical approach to improving anti-trafficking results.ProsecutionThe Dutch government continued to develop and pursueinnovative and effective approaches to addressing humantrafficking through law enforcement means. The Netherlandsprohibits all forms of trafficking through criminal code Article273, which prescribes maximum sentences ranging from eightto 18 years’ imprisonment. These penalties are sufficientlystringent and commensurate with those prescribed for otherserious crimes, such as rape. In 2010, the last year for whichfinal trafficking statistics were available, the governmentprosecuted 135 suspected trafficking offenders, convicting 107.This is a significant increase from the 69 offenders convictedin 2009. The average sentence for convicted traffickingoffenders was approximately 21 months, the same averagefor sentences imposed in 2009 and 2008. In accordancewith the law, convicted offenders generally serve only two-thirds of their sentences, suggesting that many convictedtrafficking offenders likely serve little more than a year injail. Local police complain that low sentences for traffickerscontinued to result in the reappearance of the same offendersand thus the continued exploitation of trafficking victimswithin the regulated commercial sex sector. In February 2012,the government submitted a draft amendment to Parliamentto amend the trafficking law to increase the maximum prisonsentence from eight to 12 years’ imprisonment for a singletrafficking offense.The government continued to increase its prosecution forforced labor in 2011; the National Prosecutor’s office reportedit registered 24 labor exploitation investigations in 2011,compared to 11 in 2010. Furthermore, it reported there were10 labor trafficking cases since 2010, and the governmentobtained convictions for 12 persons. In April 2011, police,public prosecutors, and the local government launched a majoroperation to investigate human trafficking in The Hague’sred-light district. The operation resulted in the identificationof 54 potential trafficking victims and five ongoing criminalinvestigations. In December, police launched an investigationof suspected forced labor along the country’s highwaysinvolving Bulgarian toilet cleaners. In October, police andthe labor inspectorate began a joint large-scale investigationinto allegations of forced labor involving Philippine seamenworking in the country’s inland shipping sector. In October, acourt imposed a prison sentence of 2.5 years on an asparagusfarmer for subjecting Polish, Romanian, and Portugueseworkers to conditions of forced labor.One local official noted judges consistently hand down moresevere penalties for rape than for sex trafficking. There wereno reported official cases of trafficking-related complicity in2011; however, Amsterdam police believe that police assignedto anti-prostitution law enforcement efforts carry inherenttemptations for corruption. The force therefore requires anti-trafficking officers in Amsterdam to pass three examinationsin a specialized, 256-hour training course focused on workingwith trafficking victims and policing of the sex industry.Potential officers also must sign a code of conduct before theyare eligible to work in this sensitive sector.ProtectionThe Netherlands made appreciable progress in its efforts toproactively identify and assist trafficking victims. In 2011,Comensha, the government-funded national victim registrationcenter and assistance coordinator, registered 1,222 potentialtrafficking victims, an increase from 993 victims registeredin 2010 and a consistent increase from previous years. Themajority of these 1,222 victims were identified by the police.The government continued to operate an extensive networkof facilities providing a full range of trafficking-specializedservices for children, women, and men; the governmentprovided victims with legal, financial, and psychologicalassistance, shelter, medical care, social security benefits, andeducation financing. Victims in government shelters werenot detained involuntarily. Comensha reported a shortage ofaccommodation for trafficking victims requiring shelter in2011. Dutch authorities provided temporary residence permitsto allow foreign trafficking victims to stay in the Netherlandsduring a three-month reflection period, during which victimsreceived immediate care and services while they consideredwhether to assist law enforcement. The government providedpermanent residence status to some victims. In 2011, thegovernment granted 347 temporary residency permits to
264NETHERLANDStrafficking victims, approximately the same number it grantedin 2010; 280 permits were granted in 2009.During the year, the government increased its focus onhorticultural and agricultural sectors in the country,resulting in an increase in men identified in forced laborsectors. Authorities identified 226 males, compared to 113the previous year. Since January 2008, the government hasprovided unaccompanied children who are seeking asylumwith intensive counseling in secure shelters that protect themfrom traffickers; the government extended this pilot until theend of 2014. The government encouraged victims to assist inthe investigation and prosecution of traffickers although itlacked figures on the percentage of trafficking victims thatfiled charges against their traffickers during 2011. The NationalProsecutor’s Office reported that most victims did not file acomplaint, fearing retaliation by traffickers or deportationby officials.During the reporting period, the government continued tohouse trafficking victims in three specialized shelters basedon the success of an initial pilot project to determine whetherthe practice increases victim cooperation; according to thegovernment, 72 of the 112 victims participating in the projectfiled charges against their traffickers. The government alsodecided to extend a pilot project in which male traffickingvictims are offered shelter until the end of 2012. There wereno reports that any victims were punished for unlawful actscommitted as a direct result of being trafficked. However, oneNGO expressed concern that some unidentified traffickingvictims may be mistakenly detained by law enforcementwho may have missed signs of trafficking. To facilitate safeand voluntary repatriation, the Ministry of Foreign Affairshas developed a system to evaluate victims’ safety in fivecountries of return.PreventionThe government continued to pursue innovative approachesto prevent trafficking and address demand for commercialsex acts and forced labor during the reporting period. In 2011,the Foreign Ministry began informing foreign diplomats’domestic staff members, without their employers present,how to report cases of abuse. The government-funded victimprotection agency launched a social media campaign to raisepublic awareness about other forms of trafficking outsideof the sex industry. Furthermore, in August 2011, nationalpolice conducted an Internet chat session to inform youngadults about the practice of local pimps seducing youngwomen and then coercing them into sex trafficking andforced prostitution in the Netherlands. The human traffickingtask force presented its 2011-2014 action plan in July 2011;one activity includes a field study analysis of seven humantrafficking cases involving forced labor and sex traffickingidentified as sources of best practices in criminal investigations.The Task Force also published a separate 2011-2014 NationalAction Plan to address trafficking that occurs within thecountry involving locally-resident pimps and Dutch girls inDecember 2011.The government continued to demonstrate strong anti-trafficking leadership by transparently reporting andpublishing self-critical, public reports on its anti-traffickingefforts. According to a survey published by police forces in May2011, only nine out of 25 regional police forces complied withstrict internal guidelines on combating human trafficking. Thegovernment-funded, autonomous Office of the Dutch NationalRapporteur on Trafficking monitored the government’santi-trafficking efforts and, in January 2012, published aninventory of human trafficking cases prosecuted between2006 and 2010. In 2011, the Social Affairs Ministry continuedits awareness campaign informing citizens and certain targetgroups, including trade unions and work councils, aboutthe existence of labor exploitation in the Netherlands. Themilitary provided training on the prevention of traffickingand additional training on recognizing trafficking victims fortroops being deployed abroad on missions as internationalpeacekeepers.Bonaire, St. Eustatius and SabaOn October 10, 2010, the Kingdom of the Netherlandsobtained a new constitutional structure under which the“Netherlands Antilles” ceased to exist as an entity within theKingdom. As of that date, Bonaire, St. Eustatius and Saba (theBES islands) became part of the Netherlands. On September27, 2010, the government adjusted the Criminal Code of theBES islands to reflect the new structure. The criminal codecontains a prohibition of trafficking in persons, both forsexual and labor exploitation (Art 286f). The governmentreported this article is similar to the human trafficking articlein the country’s criminal code, although prescribed penaltiesare lower, ranging from six years for the lowest-level singleoffense, to 15 years in the case of a trafficking victim’s death.The BES islands are a transit and destination area for womenand children who are subjected to trafficking in persons,specifically forced prostitution, and for men and womenin conditions of forced labor. The women in prostitution inboth the BES islands’ regulated and illegal commercial sexsectors are highly vulnerable to human trafficking, as areunaccompanied children on the islands. Local authoritiesbelieve that men and women also have been subjected toinvoluntary domestic servitude and other forms of forced laborin the agricultural and construction sectors. Some migrantsin restaurants and local businesses may be vulnerable todebt bondage.In June 2011, the Netherlands, also representing BES, signeda new memorandum of understanding (MOU) with Aruba,Curacao and St. Maarten to increase cooperation on anti-trafficking to improve victim identification and prosecutionof traffickers on the islands. Part of the MOU includesestablishment of a “twinning” system for officials fromthe four countries of the Kingdom and the BES to provideeach other with technical support toward developing anti-trafficking investigations and prosecutions, as well as shelterand information campaigns. In January 2012, anti-traffickingexperts from the Netherlands delivered a two-day anti-trafficking training in the BES islands involving 40 officialsfrom 10 organizations. Although formal interagency anti-trafficking working groups operated in Bonaire, Saba, andSt. Eustatius, neither local authorities nor the Government ofthe Netherlands reported the identification of any potentialtrafficking victims. Moreover, no trafficking prosecutions orconvictions were initiated on these islands during the reportingperiod. The central government continued to provide in-kindsupport for human trafficking hotlines in St. Maarten andBonaire, but there were no awareness campaigns specificallytargeting potential clients of the sex trade in the BES islandsin an effort to reduce demand for commercial sex acts.
NEWZEALAND265NEW ZEALAND (Tier 1)New Zealand is a source country for underage girls subjectedto internal sex trafficking and a destination country for foreignmen and women subjected to forced labor. Foreign men,largely from Indonesia, Cambodia, Vietnam, and Thailand, aresubjected to conditions of forced labor, including debt bondage,aboard foreign-flagged fishing vessels in New Zealand waters.Alleged conditions experienced by workers on these boats –most of which are Republic of Korea (South Korea)-flagged– include confiscation of passports, imposition of significantdebts, physical violence, mental abuse, and excessive hoursof work. Prior press reports and the UN Inter-Agency Projecton Human Trafficking have indicated that fishermen fromVietnam and elsewhere in Southeast Asia are also allegedlyvictims of forced labor on fishing vessels in New Zealandwaters. Foreign women, including some from China andSoutheast Asia, may be recruited from their home countries bylabor agents for the purpose of prostitution and may be at riskof coercive practices. A small number of girls and boys, oftenof Maori or Pacific Islander descent, are trafficked domesticallyto engage in street prostitution while some are victims of gang-controlled trafficking rings. Some Asian and Pacific Islanderindividuals migrate voluntarily to New Zealand to work inthe agricultural sector and are subsequently forced to work inconditions different from what was stipulated in their contracts.Some foreign workers report being charged excessive – andescalating – recruitment fees, experiencing unjustified salarydeductions and restrictions on their movement, having theirpassports confiscated and contracts altered, or being subjectedto a change in working conditions without their permission– all indicators of human trafficking.The Government of New Zealand fully complies with theminimum standards for the elimination of trafficking. Duringthe reporting period, the government initiated research toinvestigate the extent of human trafficking in the fishingsector and in the legalized sex trade; however, it made noconvictions or prosecutions under the country’s traffickinglegislation. Additionally, the government is undertaking alegal review of national anti-trafficking legislation to ensureits compliance with international norms. While a traffickinginvestigation continued at the end of the reporting period,and potential victims were identified and provided withsome services, the government did not formally identify anypersons as trafficking victims during the year.E E E B ERecommendations for New Zealand: Draft and enactlegislation that will expand New Zealand’s current anti-trafficking legal framework to prohibit and adequately punishall forms of human trafficking; update the 2009 national planof Action to reflect the current trafficking in persons situationin the country; make greater efforts to assess the full extentof sex and labor trafficking occurring in New Zealand;significantly increase efforts to investigate and prosecute bothsex and labor trafficking offenders; investigate and prosecuteemployment recruiting agencies or employers who subjectforeign workers to debt bondage or involuntary servitude;continue and increase efforts to proactively screen vulnerablepopulations, including women in prostitution, foreign workers,and illegal migrants, in order to identify and assist traffickingvictims; increase efforts to identify and assist child sextrafficking victims; continue to make proactive efforts toidentify victims of labor trafficking, particularly amongpopulations of vulnerable foreign laborers; and implementan ongoing anti-trafficking awareness campaign directed atclients of both the legal and illegal sex trades.ProsecutionThe Government of New Zealand made efforts to investigatesuspected trafficking offenses but failed to convict and punishany trafficking offenders during the reporting period. NewZealand does not have a comprehensive anti-traffickinglaw. Although the government maintains that its traffickinglaws comply under the 2000 UN TIP Protocol, it announcedduring the year that it would undertake a review of its lawsto ensure that they are in fact consistent with internationalanti-trafficking norms and the 2000 UN TIP Protocol. CurrentNew Zealand statutes which explicitly define human traffickingprovide a narrow definition of trafficking as a transnationaloffense, while other provisions, specifically those found in theCrimes Act of 1961, address some forms of forced labor anddomestic trafficking offenses. It appears that New Zealand lawdoes not criminalize all forms of forced labor. First, althoughslavery is prohibited, its definition only covers situations of debtbondage and serfdom; thus, this prohibition does not coverforced labor obtained by means other than debt, law, custom,or agreement that prohibits a person from leaving employment.Because the prohibition of trafficking is limited to transnationalactions such as the abduction, use of force or threat, or force,coercion, or deception to arrange entry into New Zealand – anddoes not include reference to exploitation, there appears tobe no legal prohibition on the domestic recruitment, transfer,or transportation of adults for the purpose of exploitation.Furthermore, there do not appear to be additional prohibitionscovering types of forced labor, such as that which is coercedby overt force or compelled by other means, which do not fitinto the laws’ narrow definition of slavery. The Dealing inSlaves statute and the Prostitution Reform Act criminalizesex trafficking. These statutes prohibit inducing or compellinga person to provide commercial sexual services and, withregard to children, provide a broader prohibition to includefacilitating, assigning, causing, or encouraging a child toprovide commercial sexual services. While statutory penaltiesfor these crimes are generally commensurate with thoseprescribed for other serious crimes, such as rape, the maximumpenalty of seven years’ imprisonment prescribed for the sextrafficking of children is not commensurate with penaltiesimposed for rape or with the maximum penalty of 14 years’imprisonment prescribed for inducing or compelling thecommercial sexual services of an adult. Previous researchindicates that children have been prostituted, includingby gangs, and the government acknowledges the risk ofexploitation of some children. However, there were no suchvictims identified or cases reported during the year.The Crimes Act of 1961 and the Wages Protection Act of 1983prohibit fraudulent employment and recruiting practices,though the government has never prosecuted suspectedtrafficking offenders under these laws, which prescribesufficiently stringent penalties of up to 20 years’ imprisonment
266NEWZEALANDand a fine in an amount equivalent to $250,000. Thesepenalties are commensurate with those prescribed for otherserious crimes, such as rape. The Immigration Act prohibitsretention or control of a person’s passport or any other travelor identity document, though there were no prosecutions forpassport confiscation during the year. During the reportingperiod, the government initiated six criminal investigationsconcerning forced labor on South Korean-flagged fishing vesselsoperating in New Zealand waters and under charter by NewZealand registered companies; these investigations remainedongoing at the close of the reporting period. Reports regardingforced labor on the South Korean-flagged fishing vesselsrevealed several abuses, including mental and physical abuse,sexual harassment, and withholding of payment or alteredcompensation. Although the government has charged the sixSouth Korean-flagged fishing vessels for environment – relatedoffenses, including the dumping of fish to evade quotas, it hasyet to charge them with alleged forced labor of crew members.ProtectionThe government demonstrated efforts to protect humantrafficking victims during the reporting period. The country’slaws require that victims of crime, including human trafficking,receive access to and information about services includingmedical care, legal aid, and psycho-social counseling; thegovernment offers these services to individuals on a case-by-case basis. Also on a case-by-case basis, the New Zealandpolice, provide amenities, such as food and shelter, to meetthe immediate needs of victims of crime and refer them toNGOs or other service providers.Over 120 possible victims of forced labor aboard foreignchartered vessels in the commercial fishing industry wereidentified by NGOs and the government during the reportingperiod. The majority of these individuals, all men, claimedsevere underpayment of wages, and some also allegedexperiencing additional abuse. These conditions aboard thevessels led to several crews leaving their ships en masse duringthe reporting period. Thirty-two Indonesian fishermen wereprovided immediate welfare, including short-term shelter andfood during the initial phase of one subsequent investigation.Additionally, immigration officials granted six crew memberstemporary visas, with work rights, to remain in the countryto represent the crews’ interests in the recovery of wages, toprovide testimony regarding fish dumping in contraventionof environmental regulations, and to assist in the ongoinginvestigation of human trafficking aboard the vessels. Theremaining members of this crew returned to Indonesia.Members of other crews have been repatriated.New Zealand’s laws authorize temporary residency to victimsof trafficking for up to 12 months and makes them eligible for avariety of government-provided or government-funded services.During the reporting period, a citizen of New Zealand wasrepatriated from the Philippines after being subjected to humantrafficking. Upon her return to New Zealand, she receivedappropriate trafficking victim support services, includingmedical and counseling services.PreventionThe Government of New Zealand continued to make effortsto prevent trafficking during the reporting year. The Ministryof Social Development continued to distribute brochures ontrafficking indicators in six languages to regional departments,which distributed them to community groups, as well asthose in the sex trade and the horticulture and viticultureindustries. At the Auckland, Wellington, and Christchurchinternational airports, the Department of Labor displayedposters warning people of trafficking vulnerabilities andproviding websites where migrant workers can seek additionalhelp. In the months preceding the Rugby World Cup, hostedby New Zealand in September and October 2011, ImmigrationNew Zealand worked with law enforcement agencies inpotential source countries, such as Australia, South Africa,Hong Kong, and Singapore to develop a strategy to preventtransnational trafficking, including through the relocation oflaw enforcement staff and other resources.During the reporting period, Immigration New Zealandstarted a nationwide operation increasing the monitoringof brothels to ensure compliance with applicable laws andto identify victims of human trafficking, including forcedlabor or debt bondage. The Department of Labor establisheda working group to examine issues that affect vulnerablemigrant workers, specifically those on dairy farms, and thegovernment funded a study based in Auckland on migrantwomen in the legal sex trade to explore conditions that maylead to their exploitation and coercion.In response to a series of academic, NGO, and press reportson the significant prevalence of forced labor aboard SouthKorean-flagged fishing vessels operating in New Zealandwaters, the Government of New Zealand commissioned aministerial inquiry in September 2011 to examine the extent ofallegations of trafficking and mistreatment of crews, complaintsof underpayment, questions about vessel safety standards, andreported breaches of fisheries and environmental regulations.The ministerial inquiry released its final report in March 2012,outlining 15 recommendations, of which six were immediatelyaccepted by the government; other recommendations, somerequiring legislative changes, are said to be long-term andremain under consideration. Perhaps the most significantrecommendations are those that call on the government toamend the Fisheries Act of 1996 to restrict foreign charteredvessels operating within New Zealand’s exclusive economiczone to those under direct charter agreements, and to requireall crews on these vessels to be covered under New Zealandemployment contracts guaranteeing adequate wages andworking conditions.The government’s inter-agency working group on trafficking,led by the Department of Labor, met twice during the reportingperiod. The government did not take significant steps toreduce the overall demand for commercial sex acts in thedecriminalized commercial sex industry. During the reportingperiod, the Department of Labor developed an online trainingmodule on trafficking in persons to make compulsory for allnew staff. The government trained customs, immigration, labor,and police officers on identifying victims of trafficking andon victim interview techniques. Front-line customs officersreceived training aimed at raising their awareness of traffickingindicators and were provided templates of possible questionsto ask if they encounter suspected victims of human trafficking.No women in prostitution were identified as trafficking victimsby compliance inspectors during their interviews of womenin brothels. In November 2011, a man was found guilty forfacilitating child sex tourism to Thailand through a website. Hewas the first person in New Zealand to be charged with suchan offense, and in February 2012 he was sentenced to threeyears’ imprisonment. The government provided anti-trafficking
NICARAGUA267training to military personnel prior to their deployment abroadon international peacekeeping missions.NICARAGUA (Tier 1)Nicaragua is principally a source and transit country formen, women, and children subjected to sex trafficking andforced labor. Nicaraguan women and children are subjectedto sex trafficking within the country as well as in neighboringcountries, most often in other Central American states, Mexico,and the United States. Trafficking victims are recruited inrural areas for work in urban centers, particularly Managua,Granada, and San Juan del Sur, and subsequently coercedinto prostitution. Nicaraguan girls are reportedly subjectedto sex trafficking along the country’s Atlantic Coast. To alesser extent, adults and children are subjected to conditionsof forced labor in agriculture and domestic servitude withinthe country and in Costa Rica, Panama, and other countriesin the region. During the year, authorities reported a potentialforced labor case involving 18 Nicaraguan men who werefalsely recruited for work in Guatemala and were insteadtaken to Mexico to be trained in criminal activity by a drugtrafficking organization; 10 of the men escaped and returnedhome. Nicaragua is a destination country for a limited numberof women and children from neighboring countries exploitedin sex trafficking. Managua, Granada, Esteli, and San Juandel Sur are destinations for foreign child sex tourists from theUnited States, Canada, and Western Europe.The Government of Nicaragua fully complies with the minimumstandards for the elimination of trafficking in persons. Thegovernment significantly improved its anti-trafficking lawenforcement efforts during the reporting period, specificallythrough an increased number of investigations, prosecutions,and convictions of traffickers. During the year, authoritiesopened a shelter for human trafficking victims, despite limitedresources; however, victim services remained uneven across thecountry. The government maintained anti-trafficking preventionefforts in partnership with civil society organizations.E B ERecommendations for Nicaragua: Continue to investigateand prosecute all forms of human trafficking, and convictand punish trafficking offenders; institute clear, formal, andproactive procedures for identifying trafficking victims amongvulnerable populations; ensure that victims identified withinthe country and repatriated Nicaraguan victims are referredto appropriate services; provide adequate funding forspecialized services for trafficking victims, including the newshelter, as well as for specialized anti-trafficking police units;develop a unified system for tracking trafficking lawenforcement data and statistics; partner with civil societyorganizations to ensure that victims receive long-term careand reintegration services; provide foreign victims with legalalternatives to deportation; increase training and resourcesfor government officials in order to identify and provideservices to victims of sex trafficking and forced labor; instituteefforts to reduce the demand for commercial sexual exploitationof children; continue to strengthen mechanisms at the locallevel to raise awareness and to identify and respond totrafficking cases; and continue to raise awareness of all formsof human trafficking through increased public awarenessefforts and campaigns.ProsecutionThe Government of Nicaragua sustained progress in itslaw enforcement efforts against human trafficking duringthe reporting period. Nicaragua criminalizes all forms ofhuman trafficking through Article 182 of its penal code, whichprohibits trafficking in persons for the purposes of slavery,sexual exploitation, and adoption, prescribing penaltiesof seven to 12 years’ imprisonment. In January 2012, thisarticle was amended, increasing penalties to 10 to 14 years’imprisonment and broadening the scope of offenses that can beprosecuted as human trafficking; these reforms will come intoeffect in May 2012. A separate statute, Article 315, prohibitsthe submission, maintenance, or forced recruitment of anotherperson into slavery, forced labor, servitude, or participationin an armed conflict; this offense carries penalties of five toeight years’ imprisonment. These prescribed punishmentsare sufficiently stringent and commensurate with penaltiesprescribed for other serious crimes, such as rape. Authoritiesmaintained anti-trafficking units in the capital, established inlate 2010, within the intelligence and judicial police forces, aswell as within the Women’s Police Commission, with a totalof 14 officers in these central offices. Additionally, a policeofficer was designated as an anti-trafficking point personin each of the country’s 16 departments and each of thecapital’s 10 districts; these officers received anti-traffickingtraining and were appointed to work with the specializedunits in investigating cases. although authorities held quarterlyworking meetings to develop and track case data, a lack ofcentralized data often resulted in conflicting data on lawenforcement efforts.During the reporting period, police investigated 26 potentialtrafficking cases, including two labor trafficking cases, andjudicial authorities initiated 21 prosecutions, compared with19 investigations and five prosecutions initiated during theprevious reporting period. All accused trafficking offendersapprehended during the year were reported to be in preventivedetention. The government convicted nine trafficking offendersduring the reporting period, and sentenced them to seven to12 years’ imprisonment; in comparison, during the previousreporting period, authorities reported five convictions.Nicaraguan authorities collaborated with the governmentsof neighboring countries to investigate jointly traffickingcases and repatriate returning trafficking victims from abroad.In partnership with civil society organizations, authoritiesprovided specialized training on trafficking investigativetechniques to over 1,500 law enforcement officers, and theNicaraguan foreign ministry trained its consular officials inseveral countries on how to identify trafficking victims. Therewere no reported investigations, prosecutions, or convictionsfor official complicity during the year.ProtectionThe Government of Nicaragua significantly increasedefforts to protect trafficking victims during the last year byopening a dedicated shelter in the capital and identifying
268NIGERa greater number of victims, although specialized servicesremained uneven across the country. There were no formalprocedures for identifying trafficking victims among high-risk populations, such as adults and children in prostitution.Police reported identifying 85 potential trafficking victimsin 2011, a significant increase from 18 victims identifiedin 2010. It is unclear, however, how many of these victimsreceived specialized services, though 16 were assisted atthe new government-run shelter opened in Managua in2011, which cost up to the equivalent of $100,000. Duringthe reporting period, 16 adult women received services atthe shelter, which is managed by the women’s police anti-trafficking unit with a staff of five officers. Authorities werestill in the process of developing protocols to govern the useof the shelter, which is designed to provide temporary lodging.The regional departments most affected by human traffickinglacked adequate services. However, NGOs operated shelters forat-risk children and female adult victims of domestic abuse inRio San Juan, Esteli, Rivas, and Managua, and the governmentoperated one short-term shelter for children who are victimsof domestic or sexual abuse in Managua. It was unclear howmany trafficking victims were assisted at these shelters duringthe reporting period, though one NGO reported assisting 15child trafficking victims, 10 of whom were referred by thegovernment. While the government did not provide fundingto these NGOs, officials referred victims to them for assistance.Victims received limited medical and psychological assistancefrom the government, as well as education when appropriate,though longer-term care was minimal. Services and shelterfor male victims remained limited.The government encouraged victims to participate in traffickinginvestigations and prosecutions, though some were reluctantto do so due to social stigma and fear of retribution fromtraffickers. During the year a record 44 victims testified inthe prosecution of their traffickers. There were no reports ofvictims being penalized for unlawful acts committed as a directresult of being trafficked. Although there is no trafficking-specific legal alternative to the removal of foreign victims tocountries where they may face hardship or retribution, victimsoften were allowed to remain in the country temporarily.PreventionThe Nicaraguan government maintained efforts to preventtrafficking during the last year, mostly in partnership withcivil society organizations and with foreign governmentfunding. The government-run anti-trafficking coalition,which is composed of government and civil society actors,was responsible for coordinating anti-trafficking efforts andimplementing its strategic plan, and met every two months.The coalition continued to organize regional working groupsto address trafficking at the local level in the country’s 15departments and two autonomous regions, and trained over500 members of these groups. The regional groups variedin effectiveness, with some still in the developmental stage.Different government entities coordinated with the coalitionon awareness efforts and reported reaching over 22,000Nicaraguans with messages on general women’s issues andhuman trafficking. There were no reported investigations ofchild sex tourism during the reporting period. The governmentreported no initiatives to reduce demand for commercialsexual acts or for forced labor.NIGER (Tier 2 Watch List)Niger is a source, transit, and destination country for children,women, and men subjected to forced labor and sex trafficking.Caste-based slavery practices continue primarily in thenorthern part of the country. Nigerien boys are subjected toforced begging or forced labor within the country, as well as inMali and Nigeria, by corrupt marabouts (religious instructors);these individuals, or other loosely-organized clandestinenetworks, may also place Nigerien girls into domestic servitudeor the sex trade. Nigerien children are subjected to forcedlabor in gold mines, agriculture, and stone quarries withinthe country. Girls are subjected to prostitution along theborder with Nigeria, particularly along the main highwaybetween the towns of Birni N’Konni and Zinder. Nigeriengirls reportedly enter into “marriages” with citizens of Nigeriaand foreign nationals living in Saudi Arabia and the UnitedArab Emirates, after which they are forced into domesticservitude upon arrival in these countries. In the Tahoua regionof Niger, girls born into slavery are forced to marry men whobuy them as “fifth wives” and subsequently subject them toforced labor and sexual servitude; their children are born intoslave castes. Traditional chiefs play a primary role in this formof exploitation, either through enslaving children in theirown families or arranging “marriages” for other powerfulindividuals. A small number of girls in forced marriages maybe prostituted by their “husbands,” and a larger number areexploited in the sex trade after fleeing their nominal marriages.Nigerien women and children are recruited from Niger andtransported to Nigeria, North Africa, the Middle East, andEurope where they are subsequently subjected to domesticservitude and sex trafficking. There were unconfirmed reportsduring the year that Chinese workers were forced to labor at apetroleum refinery in Niger. Niger is a transit country for men,women, and children from Benin, Burkina Faso, Cameroon,Gabon, Ghana, Mali, Nigeria, and Togo migrating en route toAlgeria, Libya, and Western Europe; some may be subjected toforced labor in Niger as domestic servants, mechanics, welders,laborers in mines and on farms, or in bars and restaurants.The Government of Niger does not fully comply with theminimum standards for the elimination of trafficking. Thegovernment has not shown evidence of increasing efforts toaddress human trafficking compared to the previous year;therefore, Niger is placed on Tier 2 Watch List for a thirdconsecutive year. Niger 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 that plan. During the year, the government took some stepsto finalize a national legal framework to combat traffickingand the president spoke publicly about the government’scommitment to pursue vigorous law enforcement actionagainst slavery, child prostitution, exploitive child begging,and other forms of human trafficking. It was notable that thispublic proclamation explicitly referenced particular forms oftrafficking and included a vow to apply severe penalties totraffickers, as senior Nigerien officials had previously exhibitedan unwillingness to acknowledge the persistence of traditionalslavery, and government efforts to apply criminal penaltiesto those who exploit others for compelled service have beenvirtually nonexistent.
NIGER269E E B ERecommendations for Niger: Issue policy guidance torelevant agencies for full implementation of the anti-traffickinglaw; continue to respond to legal complaints filed by NGOswhile increasing efforts to initiate investigations and punishtrafficking offenders, particularly those guilty of slaveryoffenses, using the anti-trafficking law; hand down adequatesentences for individuals convicted of committing traffickingcrimes, and enforce court judgments; train law enforcementand judicial officials throughout the country on the provisionsof the anti-trafficking law and ensure the text of the law iswidely distributed; in coordination with NGOs andinternational organizations, train law enforcement officialsto identify trafficking victims proactively among vulnerablepopulations, such as women in prostitution, girls born intoslave castes, and children at worksites; develop systematicprocedures to refer identified victims to protective servicesand support NGO partners in providing victim care; increaseefforts to rescue victims of traditional slavery practices; initiatelaw enforcement investigations into suspected cases of localofficials colluding with traffickers or accepting bribes toobstruct criminal investigations of trafficking crimes,particularly traditional slavery; include civil societyrepresentatives in anti-trafficking policy discussions and ensurethey are given a platform to provide meaningful input topolicymaking decisions; allocate funding for the operation ofthe National Commission for the Coordination of the Fightagainst Trafficking in Persons and the National Agency for theFight against Trafficking in Persons; and implement an initiativeto raise public awareness about the new anti-trafficking law,specifically targeting vulnerable populations, and encouragevictims to exercise their rights under the law.ProsecutionThe Government of Niger demonstrated weak efforts toinvestigate and prosecute trafficking cases during the year,failing to implement its anti-trafficking law, Order No. 2010-86 on Combating Trafficking in Persons. This law prohibitsall forms of trafficking, including slavery and practices similarto slavery, and prescribes a punishment of five to 10 years’imprisonment for committing trafficking crimes againstadults. These prescribed penalties are sufficiently stringent,but not commensurate with penalties prescribed for otherserious crimes, such as rape. The law prescribes an increasedpenalty of 10 to 30 years’ imprisonment when the victimis a child. The law defines slavery and practices similar toslavery and specifically prohibits exploitative begging. Duringthe year, the law remained nonoperational, as it lacked thenecessary guidance for its implementation. In March 2012, thegovernment established, via decree, two coordinating bodiescharged with developing Niger’s anti-trafficking policies andguidance for implementing its laws, the first step towardmaking the anti-trafficking law operational. Other statutesprohibit some forms of trafficking, but were not used toprosecute cases during the reporting period. The country’spre-existing penal code prohibits slavery, procurement of achild for prostitution, and the encouragement of or profitingfrom child begging in articles 270 (as amended in 2003),292-293, and 181, respectively, and its labor code outlawsforced and compulsory labor in Article 4. The penal code’sprescribed penalty of 10 to 30 years’ imprisonment for slaveryoffenses is sufficiently stringent. The penalties prescribed inthe labor code for forced labor – fines ranging from up to theequivalent of $48 to $598 and from six days’ to one month’simprisonment – are not sufficiently stringent.During the reporting period, the government investigated twosuspected trafficking cases, but did not prosecute or convictany offenders, representing a decline in its efforts from theprevious year. It continued to fail to identify cases and initiateinvestigations independently, and only took law enforcementaction in a small number of instances after cases were broughtto its attention by local NGOs. Structural barriers impededvictims’ access to justice, as they were often uninformedabout their legal rights and lacked the necessary capacitiesand resources to seek punitive action against their exploiters.In December 2011, police arrested five marabouts suspectedof forcing children to beg, but released all suspects after twodays in police custody. In the same month, the governmentreported arresting two additional suspected child traffickerswho remained in pre-trial detention at the close of the reportingperiod; it did not provide details about the nature of the case.There were no reported developments in a 2010 case in whicha man was accused of re-enslaving two former slaves, andinformation was not available on a slavery case pending since2006, suggesting it is no longer pending. An NGO in Tahouareported a small number of slavery prosecutions that have beenongoing for years remained pending, but no alleged traffickershave been detained. In one infamous case during the year, thegovernment failed to initiate an investigation or prosecutionagainst a marabout in Agadez who was known to be forcing 350children to beg on the streets; some children remained in thecustody of the suspected trafficker at the end of the reportingperiod. The government did not provide specialized training tolaw enforcement officers on the identification and investigationof trafficking cases, but foreign donors provided some trainingto officials. In September 2011, Nigerien officials met withcounterparts in northern Nigeria to discuss cross-bordertrafficking, but this meeting did not yield discernible progresstoward a bilateral MOU between the two governments. Therewere reports that local officials chose not to pursue slavery casesbrought to their attention due to social or political connectionsof the alleged traffickers. There is no evidence of public officials’complicity in trafficking, though civil society representativesargued that judicial failure to focus adequately on slaverycases brought to their attention amounted to tacit complicity.No government officials were investigated, prosecuted, orconvicted for involvement in trafficking or trafficking-relatedcriminal activities during the reporting period.ProtectionThe government undertook few efforts to protect traffickingvictims during the year, and it relied almost exclusively onNGOs and international organizations to identify victimsand provide them with services. Authorities did not developor employ proactive measures to identify trafficking victimsamong vulnerable populations, such as women and girls borninto traditional slave castes or children at worksites. Moreover,there were no formal procedures to guide officials in referringidentified victims to protective services; police often did notknow where to refer victims for care. The government provided
270NIGERIAmedical assistance and temporary shelter in social servicefacilities to a small number of child victims and referredothers on an ad hoc basis to local NGOs for care, but it didnot provide services to adult victims or victims of hereditaryservitude. The majority of victims were identified and caredfor by NGOs without government involvement, and NGOcapacity was inadequate. Victims were often forced to returnto their villages after a few months if NGO resources ran out,and some children spent the night in police stations whenshelter space was not available. The government and NGOsidentified 490 victims during the year, 315 of whom wereremoved from situations of exploitation and some of whomreceived protective services and temporary shelter. In June2011, local government officials worked with a local NGO andan international organization to rescue 175 children who hadbeen subjected to forced begging by a marabout in Agadez; thechildren were returned to their families, but did not receiveadditional services. Due to a lack of funding, an additional 175victims were not rescued during this operation and remainedin the custody of the marabout. Recent reports indicate that, as aresult of NGO awareness campaigns, additional children wereremoved from forced begging by their parents and relativesand returned to their villages, and only a small number ofchildren remain at the marabout’s school.The government did not assist any foreign victims withrepatriation to their home country during the year, and anNGO reported some repatriations were on hold due to a lackof funds or of government cooperation or both. The regionalgovernment of Agadez continued to operate a committeecomprised of police and local officials to assist in returningNigerien migrants deported from North Africa to their countriesor communities of origin, though it did not make effortsto identify trafficking victims among this population. Thegovernment reported that adult victims would be encouragedto assist in the investigation and prosecution of traffickingcases, though none were identified during the year. Therewere no reports that identified victims were detained, fined, orjailed for unlawful acts committed as a direct result of beingtrafficked; however, the government did not make adequateefforts to identify trafficking victims, which may have led tosome victims being treated as law violators. Front-line officialsdid not receive training to identify victims and refer them toprotective services, and border guards often denied entry tosuspected traffickers and victims, rather than attempting torescue victims and place them in protective care.PreventionThe Government of Niger made some efforts to preventhuman trafficking during the year. The president spokepublicly about his administration’s commitment to combatinghuman trafficking, including domestic slavery, and seniorgovernment officials provided remarks at anti-traffickingtraining sessions funded by international donors. In Mayand September 2011, the National Statistics Institute releasedstudies on forced labor it produced in partnership with aninternational organization. There was no coordinating bodyfor the government’s anti-trafficking efforts during the year;the multi-stakeholder National Commission against ForcedLabor and Discrimination discontinued its work due to a lackof funding. The National Commission for the Coordinationof the Fight against Trafficking in Persons and the NationalAgency for the Fight against Trafficking in Persons, required bythe 2010 law to develop and implement Niger’s anti-traffickingpolicies, came into existence via an implementing decree inMarch 2012. The government did not, however, appoint staffor distribute funding necessary to make these bodies fullyoperational. During the year, the government drafted a five-year action plan to combat trafficking. It took no discerniblemeasures to address the demand for forced labor or commercialsex acts. Bylaws governing Niger’s armed forces require troopsto receive anti-trafficking training prior to their deploymentabroad on international peacekeeping missions, though thereis no evidence the government implemented this training.NIGERIA (Tier 2)Nigeria is a source, transit, and destination country for womenand children subjected to forced labor and sex trafficking.Trafficked Nigerians are recruited from rural, and to a lesserextent urban, areas within the country: women and girls fordomestic servitude and sex trafficking, and boys for forced laborin street vending, domestic service, mining, stone quarries,agriculture, and begging. Nigerian women and children aretaken from Nigeria to other West and Central African countries,as well as South Africa, where they are exploited for the samepurposes. Children from West African countries, primarilyBenin, Ghana, and Togo, are forced to work in Nigeria, andmany are subjected to hazardous labor in Nigeria’s granitemines. Nigerian women and girls, primarily from Benin Cityin Edo State, are subjected to forced prostitution in Italy, whileNigerian women and girls from other states are subjectedto forced prostitution in Spain, Scotland, the Netherlands,Germany, Turkey, Belgium, Denmark, Finland, France, Sweden,Switzerland, Norway, Ireland, Slovakia, the Czech Republic,Greece, and Russia. Nigerian women and children are recruitedand transported to destinations in North Africa, the MiddleEast, and Central Asia, where they are held captive in the sextrade or in forced labor. Nigerian women are trafficked toMalaysia where they are forced into prostitution and to workas drug mules for their traffickers. Nigerian traffickers relyon threats of voodoo curses to control Nigerian victims andforce them into situations of prostitution or labor. Nigeriangangs traffic large numbers of Nigerian women into forcedprostitution in the Czech Republic and Italy, and EUROPOLhas identified Nigerian organized crime as one of the largestlaw enforcement challenges to European governments.The Government of Nigeria does not fully comply with theminimum standards for the elimination of trafficking, butis making significant effort to do so. During the reportingperiod, the government did not demonstrate sufficient progressin its anti-trafficking law enforcement efforts. Roughly athird of convicted traffickers received fines in lieu of prisontime, and despite identifying 386 labor trafficking victimsthe government prosecuted only two forced labor cases. TheNational Agency for the Prohibition of Traffic in Persons andOther Related Matters (NAPTIP), established by the 2003Anti-Trafficking in Persons Law to coordinate and facilitatethe government’s anti-trafficking agenda, did not increaseits funding for protective services and its victim sheltersoffered limited reintegration services and were not always well-maintained. Despite documentation of a staggering numberof Nigerians trafficking victims identified in countries aroundthe world, the government inconsistently employed measuresto provide services to repatriated victims. However, NAPTIPdid execute its first joint law enforcement exercise with theGovernment of Mali which led to the arrest of traffickingperpetrators and to the rescue of Nigerian trafficking victims.
NIGERIA271E E B ERecommendations for Nigeria: Ensure that the activities ofNAPTIP are funded sufficiently, particularly for prosecutingtrafficking offenders and providing adequate care for victims;increase investigations and prosecutions of labor traffickingoffenses, and convictions and punishments of labor traffickingoffenses; vigorously pursue trafficking investigations,prosecutions, and convictions and impose adequate sentenceson convicted trafficking offenders, including imprisonmentwhenever appropriate; train police and immigration officialsto identify trafficking victims among vulnerable populations,such as women in prostitution and young females travelingwith non-family members; provide mandatory training to allNAPTIP shelter counselors, specifically addressing key traumaissues unique to trafficking victims; increase the provision ofeducational and vocational training services to victims at allgovernment shelters; develop a formal system to track thenumber of victims repatriated from abroad, and uponrepatriation ensure they are aware of available protectiveservices; ensure NAPTIP productively interacts with and receivessupport from other government agencies that come in contactwith trafficking issues; and take proactive measures to investigateand prosecute government officials suspected of trafficking-related corruption and complicity in trafficking offenses.ProsecutionThe Government of Nigeria did not demonstrate adequateprogress in its anti-trafficking law enforcement efforts duringthe year. After a severe reduction in prosecutions in 2010, thepercentage of investigations of suspected trafficking offenses thatresulted in court proceedings increased slightly in 2011; howeverthe number of cases prosecuted remained low compared tothe large numbers of trafficking investigations. Furthermore,sentencing of offenders was inadequate and, despite largenumbers of identified forced labor victims, the governmentcontinued to neglect the prosecution of labor traffickingcrimes. The 2003 Trafficking in Persons Law Enforcement andAdministration Act, amended in 2005 to increase penalties fortrafficking offenders, prohibits all forms of human trafficking.The law prescribed penalties of five years’ imprisonment ora fine not to exceed the equivalent of $645 or both for labortrafficking offenses; these are sufficiently stringent, but the lawallows convicted offenders to pay a fine in lieu of prison timefor labor trafficking or attempted trafficking offenses, whichis a penalty that is not proportionate to the crime committed.The law prescribes penalties of 10 to 15 years’ imprisonment forsex trafficking offenses and a fine of the equivalent of $1,250,or both. For sentences that include only a fine, penalties arenot sufficiently stringent.NAPTIP initiated 279 new investigations during the reportingperiod, prosecuted 15 trafficking cases, and convicted 23traffickers. Despite identifying almost 400 forced labor victims,NAPTIP only prosecuted two forced labor cases, in comparisonwith 13 forced prostitution cases. All cases were tried underarticles within the 2003 Trafficking in Persons Law Enforcementand Administration Act. Sentences ranged from six months’ to14 years’ imprisonment and fines ranged from the equivalent of$63 to $316 – below the maximum fines to the equivalent of$645 to $1,250. Of the 23 offenders convicted, eight receiveda jail sentence with the option of a fine in lieu of time served,13 offenders received jail time with no option of a fine, andtwo received both jail time and a fine. NAPTIP officials heldworkshops with federal and state judges to educate themon the trafficking in person’s law, the particular challengesfaced in prosecuting this crime, and on the need to applystricter penalties in trafficking cases. NAPTIP proposed draftlegislation to the national assembly that would eliminate theoption of handing down only a fine in trafficking convictions.The national assembly has yet to pass these amendmentsinto law and judges continued to use fines in lieu of prisonsentences. At the conclusion of the reporting period, 118trafficking cases remained pending. NAPTIP’s funding levelshave remained static for the past few years and the limitednumber of prosecutions indicates the Government of Nigerianeeds to prioritize increased funding to the agency.Although NAPTIP demonstrated an ability to obtainconvictions from the prosecutions it initiated, a small numberof investigations conducted during the year resulted inprosecutions, suggesting a need to enhance the investigationand prosecution skills of relevant officials. NAPTIP fundedthe training of 90 senior NAPTIP officials at the NigerianDefense Intelligence School in Karu in March and July 2011,where they received training in basic security and intelligenceskills necessary for any law enforcement officer. Throughoutthe reporting period, the government reported collaboratingwith law enforcement agencies in Germany, the UnitedKingdom, Greece, Sweden, France, Slovakia, Belgium, TheNetherlands, and Italy on trafficking investigations involvingNigerian nationals. In some cases this cooperation led to thesuccessful prosecution of a suspect in the host country; however,specific details on these cases was unavailable. The governmentdid not initiate any investigations, pursue prosecutions, orobtain convictions of government officials for involvementin trafficking-related corruption during the reporting period,although such corruption was known to have occurred.ProtectionThe Government of Nigeria made limited efforts to protecttrafficking victims during the year, despite the government’sconsiderable resources. NAPTIP maintained a database oftrafficking victims identified by the government and NGOs andreported a total of 949 victims identified within the countryin 2011, including 386 victims of forced labor, 563 victimsof sex trafficking, and 467 children. The government paid amonthly stipend of the equivalent of $2,500 to a local NGO andprovided in-kind donations and services to NGOs and otherorganizations that afforded protective services to traffickingvictims. It reported spending about one fifth of its operationalbudget, or the equivalent of $671,000, on victim protectionduring 2011. NAPTIP continued to operate eight shelters withthe total capacity for 210 victims at a time; this constitutes a50 percent decrease in capacity from 2010. NAPTIP claimedthis reduction was intended to provide more comfortableaccommodations for victims. Given NAPTIP’s ongoing reporteddifficulty in adequately staffing and caring for victims in shelters,this reduction of beds is worrisome, especially because thenumber of identified Nigerian trafficking victims continues toincrease. During the reporting period, NAPTIP completed the
272NORWAYrelocation of its primary and largest shelter to a higher-capacityfacility devoted solely to trafficking victims.In November 2011, senior NAPTIP officials conducted a jointraid with Malian officials in order to rescue previously identifiedNigerian sex trafficking victims in Bamako-based brothels.While screening mechanisms in Bamako remained limited,upon arrival in Nigeria victims were referred to local NAPTIPshelters for care; most victims chose to return to their homesafter a brief stay in shelters. Within Nigeria, government officialscontinued to lack systematic procedures for identifying victimsamong vulnerable populations, such as women in prostitution.Authorities outside of NAPTIP – such as police and immigrationofficers assigned to other units – were not well-trained to identifyvictims. In one particular case, and for unknown reasons,Nigerian officials did not assist prosecutors, representing aNigerian victim in a foreign country, in locating a Nigeriantrafficker who was in Nigeria during the case proceedings.Nigerian diplomats in a neighboring West African countryreferred most of the Nigerian trafficking victims identifiedin that country to local NGOs rather than arranging for theirrepatriation to NAPTIP shelters in Nigeria. Despite the growingnumber of Nigerian trafficking victims identified abroad, thegovernment has yet to implement formal procedures for therepatriation and reintegration of Nigerian victims.Victims in NAPTIP’s shelters were offered counseling, legalservices, and basic medical treatment, and victims who requiredspecialized care received treatment from hospitals and clinicsthrough existing agreements with these institutions. Someshelter staff, however, lacked previous training or professionalexperience in treating the trauma of trafficking victims, andthe government did not provide such specialized trainingto staff members during the reporting period. Victims wereallowed to stay in NAPTIP shelters for up to six weeks – alimit which was extended by up to four additional weeks inextenuating circumstances – during which time they receivedinformal education or vocational training; after this time,those who needed long-term care were referred to a networkof NGOs that could provide additional services, though fewlong-term options were available for adult victims. Victimswere not allowed to leave the shelters without a chaperone, apractice that is known to risk re-traumatization of traffickingvictims. Government officials adhered to the explicit provisionof the 2003 Trafficking in Persons Law Enforcement andAdministration Act, which ensures that trafficking victimsare not penalized for unlawful acts committed as a result ofbeing trafficked. Officials encouraged victims to assist in theinvestigation and prosecution of trafficking cases, and NAPTIPreported that 29 victims served as witnesses or gave evidenceduring trial in 2011. All victims were eligible to receive fundsfrom the victims’ trust fund, which was financed primarilythrough confiscated assets of convicted traffickers. Duringthe reporting period the equivalent of $21,500 was disbursedto 45 victims, although not necessarily in equal amounts andfor purposes ranging from medical costs to school tuition. Thegovernment provided a limited legal alternative to the removalof foreign victims to countries where they face hardship orretribution; short term residency that could not be extended.PreventionThe Government of Nigeria sustained modest efforts to preventhuman trafficking through campaigns to raise awareness andeducate the public about the dangers of trafficking. NAPTIP’sPublic Enlightenment Unit continued to conduct nationaland local programming through radio and print media in allregions of the country to raise awareness about trafficking,including warning about the use of fraudulent recruitment forjobs abroad. The objective of these and several related programswas to sensitize vulnerable people, sharpen public awareness oftrends and tricks traffickers used to lure victims, warn parents,and encourage community members to participate in efforts toprevent trafficking. In December 2011, NAPTIP and the Dutchnational police agency signed a memorandum of understandingto use a “train-the-trainers” format to build the capacity ofNAPTIP in combating trafficking. The government took nodiscernible steps to decrease the demand for forced labor and, infact, cut its labor inspection force from 500 to 50. Additionally,labor inspectors at headquarters lacked any vehicles with whichto monitor field conditions. In efforts to reduce participation inchild sex tourism, the government arrested Nigerian nationalsfor child sex tourism in the Philippines during the reportingperiod. The government, with foreign donor support, providedanti-trafficking training to Nigerian troops prior to theirdeployment abroad on international peacekeeping missions.NORWAY (Tier 1)Norway is a destination and, to a lesser extent, a transitand source country for women and girls subjected to sextrafficking and for men and women subjected to forced laborin the domestic service and construction sectors. Childrenare subjected to forced begging and forced criminal activity,such as shoplifting and drug sales. Most trafficking victimsidentified in Norway originate in Nigeria, while others camefrom Eastern Europe (Lithuania, Romania, Hungary, andBulgaria), Africa (Algeria, Ghana, Eritrea, Cameroon, Kenya,Somalia, and the Democratic Republic of Congo), Brazil, China,and the Philippines. These victims usually travel to Norway onSchengen visas issued by other European countries, and transitseveral countries, such as Italy, Spain, and Morocco. Africantrafficking offenders often coerce victims into prostitutionthrough threats to family at home and threats of voodoo.Traffickers from Eastern Europe are typically members of smallfamily mafias; offenders seduce young women in their homecountries and convince them to come to Norway, where theyare forced into prostitution. Men from the United Kingdomhave been forced to work in construction in Norway. Someforeign au pairs, including those from the Philippines, werevictims of trafficking in Norway.The Government of Norway fully complies with the minimumstandards for the elimination of trafficking. The Norwegiangovernment has adopted a victim-centered approach to victimprotection, offering generous and diverse victim servicesthrough specialized NGOs and local governments. Norwegianlaw obligates municipalities to offer trafficking victims shelter,regardless of residence status and the victim’s willingness totestify in court. The government successfully concluded labortrafficking prosecutions involving atypical trafficking scenarios.Nevertheless, services to and identification of male victims oftrafficking remain less developed than those for women. NGOsreport that referrals to care by the police reduced this year.
NORWAY273E B ERecommendations for Norway: Continue efforts tovigorously prosecute and convict both sex and labor traffickingoffenders, and analyze why some criminal investigations intosuspected human trafficking offenses are dropped ordowngraded to pimping; investigate why few labor traffickinginvestigations result in prosecutions; consider options for theprovision of longer-term victim assistance in non-emergencyshelters; ensure that male and child trafficking victims alsoreceive adequate protection and that all governmental anti-trafficking efforts are structured to address male as well asfemale victims of trafficking; determine why police referralsto NGOs dropped this year; offer assistance to traffickingvictims who experience difficulties obtaining permanentresidence permits due to identity papers; ensure that front-lineresponders understand and offer a “reflection period” toidentified victims, during which victims can receive servicesand recover from their trauma; and fund a national anti-trafficking awareness campaign.ProsecutionThe Norwegian government sustained its law enforcementefforts during the reporting period. Norway prohibits allforms of trafficking in persons through Criminal CodeSection 224, which prescribes a maximum penalty of 10years’ imprisonment – a penalty sufficiently stringent andcommensurate with punishments prescribed for otherserious offenses, such as rape. The Coordination Unit forVictims of Trafficking – the police unit specializing in humantrafficking offenses – was made permanent in 2011. Majorcities, including Oslo and Bergen, also had specialized policeofficers trained to investigate trafficking offenses. Norwegianauthorities initiated 32 sex trafficking investigations and 12labor trafficking investigations in 2011, compared with 26 sextrafficking and 11 labor trafficking investigations initiatedin 2010. The government prosecuted a total of at least sevenalleged trafficking offenders – six for sex trafficking and onefor labor trafficking – under Section 224, compared with 11sex trafficking offenders and no labor trafficking offenders in2010. At least seven trafficking offenders were convicted in 2011,compared with eight offenders convicted in 2010. In 2011, allof the convicted trafficking offenders received jail sentences.The highest sentences awarded were 4.5 years in prison, ina case in which two Lithuanian children had been forced toshoplift. In 2010, the highest sentence imposed was ten years’imprisonment for a sex trafficking offense involving children.NGOs report that the duration of a criminal trafficking trialfrom initial review to conviction is approximately three years.Norwegian law enforcement investigated a few high profilelabor trafficking cases during the reporting period, includingthe alleged forced labor of hospital workers from the Philippinesand the alleged forced labor of British men in constructionin Norway. The police coordination unit completed a studyduring the reporting period surveying possible victims offorced labor to update labor identification criteria. Norwegianauthorities collaborated with several European governmentsto investigate trafficking cases, including Estonia and Finland.The Norwegian government did not report the investigation,prosecution, or conviction of any government employees forcomplicity in trafficking in persons.ProtectionThe Government of Norway sustained strong victim protectionefforts during the reporting period. The Norwegian governmentprovided protection to trafficking victims through government-funded NGOs, church associations, and municipalities. TheseNGOs offered both foreign and domestic victims a generousrange of assistance, including shelter, legal aid, stipends forfood, psychological care, medical assistance, fitness facilities,and Norwegian language classes. An NGO specializing incaring for trafficking victims who have received a reflectionperiod offered vocational programs, education, and sponsoredinternships for victims who had completed a reflectionperiod. Although some of the specialized NGOs primarilyoffered services to women, a few programs opened newfacilities, including apartments, for men. By law, Norwegianmunicipalities were obligated to offer trafficking victimsshelter, regardless of their immigration status. One of themain government-funded institutions for trafficking victimcare received 128 contacts from trafficking victims in 2011,in contrast to 131 contacts in 2010. Nineteen of these initialcontacts were men. Of these 128 initial contacts, 44 traffickingvictims ultimately were housed by the victim care institution,including one man. The primary government-funded projectreceived the equivalent of approximately $420,000 in fundingfor trafficking victim care; this sum does not include the costsfor majority of the aid given to victims by municipalities,including free medical care, nor the financial allocationsto other trafficking NGO projects. NGOs report that sometrafficking victims reside in shelters for long periods of time;22 victims lived more than a year in trafficking shelters. In2011, the Norwegian government reported providing servicesfor 272 trafficking victims, including 223 women and 51men, compared with 319 trafficking victims in 2010. NGOsobserved that there was a need for more longer-term shelteroptions for the rehabilitation of trafficking victims no longerin trauma situations.The government empowered and trained a diverse set of actorsto proactively identify and refer victims of trafficking, includingmunicipal authorities, police, international organizations, andNGOs. In 2011, however, NGOs reported that the number ofpersons in prostitution or sex trafficking victims referred by thepolice for care dropped dramatically. Although the majorityof trafficking victims identified by the government were sextrafficking victims, the government and NGOs suspectedthat labor trafficking victims were more likely to escape theirdetection and identification as trafficking victims.Victims were permitted to stay in Norway without conditionsduring a six-month reflection period, a time for them to receiveimmediate care and assistance while they consider whether toassist law enforcement with the prosecution of their case. Undernew regulations adopted in 2010, the Norwegian governmentalso offered a permanent residency permit for victims facingretribution or hardship in their countries of origin, on thecondition that they give statements to the police outsideof court. Any victim of trafficking, regardless of potentialretribution or hardship at home, who made a formal complaintto the police, could remain in Norway for the duration of trial;
274OMANvictims who testified in court were entitled to permanentresidency. NGOs reported some difficulties in obtainingpermanent residency for Nigerian trafficking victims who hadtestified in court, due to Norwegian government skepticismabout the validity of the Nigerian identity documents. At leasteight trafficking victims supported by the government-fundedNGO testified in three separate trafficking trials in 2011. Only17 out of the 44 victims cared for by the government-fundedNGO project chose to report their situations to the police.According to the NGO, some of the victims chose to use thesix-month reflection period, some feared reprisals of traffickersduring trial, and others were advised by their attorneys notto report their trafficking case, either because of absence ofinformation or because the victim was struggling with mentalillness. NGOs did not report the detention or punishment ofany identified trafficking victims.PreventionThe Norwegian government sustained its trafficking preventionefforts during the reporting period. It framed many of its anti-trafficking prevention efforts in terms of preventing traffickingfrom the source countries. The Norwegian governmentcontinued to be a leading international anti-trafficking donor,significantly supporting victim care throughout the world,including in Nigeria, Kenya, Malawi, and Mozambique. Thegovernment allocated to the equivalent of approximately$9 million to foreign anti-trafficking assistance. Norwaynamed human trafficking as its priority during its 2010-2011chairmanship of the Council of Baltic Sea States, leading othercountries in high-level policy discussions on coordinatedtrafficking responses. The Norwegian government funded ananti-trafficking hotline that offered information to potentialtrafficking victims, government officials, and other NGOs.The government undertook steps to address the demand forcommercial sex acts, including through investigating 211cases involving the purchase of sexual services of an adult.Norwegian law enforcement authorities collaborated withUnited States and Italian investigators on potential child sextourism cases in Europe. The Norwegian national criminalinvestigation service mapped the situation of Norwegiannationals travelling to child sex tourism destinations. Thegovernment did not, however, fund any broad-based nationaltrafficking awareness campaigns targeting labor or sextrafficking. The head of the Norwegian National AdvisoryGroup Against Organized, Illegal, Unreported and UnregulatedFishing took efforts to raise awareness about potential forforced labor on fishing vessels. The national coordinatorenhanced transparency by publishing statistical reports on thegovernment’s anti-trafficking efforts. The government providedanti-trafficking training to Norwegian troops prior to theirdeployment abroad on international peacekeeping missions.OMAN (Tier 2)Oman is a destination and transit country for men andwomen, primarily from India, Pakistan, Bangladesh, SriLanka, the Philippines, and Indonesia, who are subjected toconditions indicative of forced labor and, to a lesser extent,forced prostitution. Most migrants travel willingly and legallyto Oman with the expectation of employment in domesticservice or as low-skilled workers in the country’s construction,agriculture, or service sectors. Some subsequently faceconditions indicative of forced labor, such as the withholdingof passports and other restrictions on movement, nonpaymentof wages, long working hours without food or rest, threats,and physical or sexual abuse. Government sources note thatrunaway domestic workers are also susceptible to coercion intoforced prostitution. Unscrupulous labor recruitment agenciesand their sub-agents in migrants’ original communitiesin South Asia, as well as labor brokers in the United ArabEmirates (UAE), Oman, and Iran, may deceive workers intoaccepting work that constitutes forced labor. Many of theseagencies provide false contracts for employment either withfictitious employers or fictitious wages and charge workershigh recruitment fees (often in an amount exceeding theequivalent of $1,000) at usurious rates of interest, leavingworkers vulnerable to trafficking. Oman is also a destinationand transit country for women from China, India, Morocco,Eastern Europe, and parts of South Asia who may be forcedinto commercial sexual exploitation, generally by nationalsof their own countries. The majority of women identifiedas sex trafficking victims are from countries in East Africa,namely Ethiopia, Somalia, Kenya, Uganda, and Burundi.Male Pakistani laborers and others from India, Bangladesh,Sri Lanka, and East Asia transit Oman en route to the UAE;some of these migrant workers are exploited in situations offorced labor upon reaching their destination.The Government of Oman does not fully comply with theminimum standards for the elimination of trafficking; however,it is making significant efforts to do so. The governmentcontinued to prosecute suspected sex trafficking offenders andsentence convicted sex traffickers to imprisonment; however,it failed to ensure that some trafficking victims were notpunished for prostitution they that may have engaged in at theoutset of their victimization by sex traffickers. The governmentfailed to report any criminal prosecutions or punishment oflabor trafficking offenders. The government continued to referand assist victims of trafficking to a government-run shelter fortrafficking victims. Nonetheless, Omani authorities continuedto lack formal procedures to proactively identify traffickingvictims among those detained for immigration violations. Asa result, the government may not have adequately identifiedvictims of forced labor or punished their traffickers. Thegovernment continued to provide anti-trafficking trainingto its law enforcement.E B ERecommendations for Oman: Continue to investigate andprosecute trafficking offenses and sentence convictedtraffickers to imprisonment; make greater efforts to investigateand prosecute forced labor offenses, including thoseperpetrated by recruitment agents and employers; ensure thatvictims of trafficking are not punished for acts committed asa direct result of being trafficked; institute formal proceduresfor identifying trafficking victims among all vulnerablepopulations, such as illegal immigrants; refer all suspectedvictims of trafficking, including victims of both forced laborand forced prostitution, to a shelter, regardless of whetherthere is a corresponding prosecution of an alleged offender;as a measure to prevent labor trafficking, enact and enforce
PAKISTAN275penalties for employers who withhold their employees’passports; increase and enforce legal protections for domesticworkers, including coverage under the labor laws of Oman;continue training government officials in all relevantdepartments to recognize and respond appropriately to humantrafficking crimes; and increase public awareness campaignsor other prevention programs to reduce the demand for forcedlabor and commercial sex acts.ProsecutionThe Government of Oman sustained modest anti-traffickinglaw enforcement efforts during the reporting period.Through its Royal Decree No. 126/2008, also known as theLaw Combating Human Trafficking, issued in 2008, theOmani government prohibits all forms of trafficking andprescribes punishments of three to 15 years’ imprisonment,in addition to financial penalties, for trafficking crimes. Thesepunishments are sufficiently stringent and commensuratewith penalties prescribed for other serious crimes, such asrape. A legally-enforceable government circular prohibitsemployers from withholding migrant workers’ passports, apractice known to contribute to forced labor. Although thecircular does not specify penalties for noncompliance, courtsfrequently enforced this prohibition by requiring employers toreturn passports to their employees; the government did notreport the number of such cases during the reporting period.Withholding of employees’ passports remains widespreadamong employers in Oman, including government officials.The government failed to report on investigations andprosecutions of trafficking offenses in this reporting periodthat did not lead to convictions or acquittals. During thereporting period, the Government of Oman prosecuted andconvicted twelve individuals for sex trafficking offenses, anincrease over the number of convictions for sex traffickingreported last year. Each offender received a sentence of three tothree-and-a-half years’ imprisonment and a fine in an amountequivalent to $13,000. Another individual was convicted offailing to report a crime of trafficking in persons and sentencedto three months in prison and a fine in an amount equivalentto $50. Despite these convictions, the victims in these casesreceived six-month prison sentences for prostitution andwere then deported. The government did not report anyprosecutions or convictions of labor trafficking offenders.All Royal Oman Police officers receive training as cadets onhuman rights issues, including how to recognize traffickingin persons.ProtectionThe government’s efforts to identify and protect victims oftrafficking remained weak. The Royal Oman Police continuedto operate and fund a permanent shelter, which openedin January 2011, that can accommodate up to 50 men,women, and children who are victims of forced labor or sextrafficking. Victims in this shelter may not leave the premisesunchaperoned, but they can readily access shelter employees toaccompany them offsite. The shelter remains underutilized dueto strict government entry requirements; most victims are caredfor by shelters run by the embassies of their home countries.The Public Prosecution only refers trafficking victims tothe government shelter if it determines the case against thealleged offender(s) will go to trial; it remains unclear wherethe victims are housed prior to this decision. During thereporting period, the Public Prosecution – the only entitywho can refer victims to the shelter – referred 14 identifiedvictims of sex trafficking to the government care facility forassistance, a decrease from the 24 victims the governmentreferred to its shelter last year. There were no reports of childvictims or victims of labor trafficking referred to the shelterduring this reporting period. The government continued to lackformal procedures to proactively identify victims of traffickingamong all vulnerable groups, including migrants detainedfor immigration violations and women in prostitution. Dueto a lack of comprehensive victim identification procedures,the Government of Oman failed to ensure that migrantworkers subjected to forced labor or sex trafficking were notinappropriately incarcerated, fined, or otherwise penalized forunlawful acts committed as a direct result of being trafficked.Government authorities report that victims can be identifiedthrough the government’s 24-hour hotline, during the courseof prosecution by trained prosecutors and police, or throughrandom labor inspections of workplaces; however, governmentauthorities have never reported the identification of a labortrafficking victim. The government encouraged suspectedtrafficking victims to assist in trafficking investigations andprosecutions, but it did not provide them with a standardlegal alternative to removal to countries in which they mayface retribution or hardship. Some victims, however, werepermitted to stay in Oman on a case-by-case basis. Victimswere not permitted to work while awaiting court proceedings.PreventionThe government sustained modest efforts to prevent humantrafficking during the reporting period. It continued todistribute brochures in numerous languages, highlightingthe rights and services to which workers are legally entitled,to source country embassies and to new migrant laborersupon arrival in the country at airports, recruitment agencies,and in their places of work. In a move to prevent forced labor,the government amended provisions in the Omani labor lawin October 2011 by issuing Royal Decree 113/2011, whichrequires employers to pay all wages by electronic deposit tothe employee’s local bank account; fines are prescribed forviolations of this law, though the government did not reportconducting investigations or imposing fines under this lawduring the reporting period. The government continuedto operate an anti-trafficking hotline, but the governmentdid not report how many calls the hotline received duringthe reporting period. The government also requires that allemployers post labor law regulations in the languages of theirworkers in prominent locations at worksites. In addition, thegovernment continued its public awareness campaign, whichincluded the placement of at least one article or editorial aboutthe labor law and trafficking issues in the press each month.There were no reported efforts by the government to reducethe demand for commercial sex acts in Oman.PAKISTAN (Tier 2)Pakistan is a source, transit, and destination country formen, women, and children subjected to forced labor andsex trafficking. NGOs, international organizations, and themedia describe an increase in trafficking during the pastyear, due to flooding and the country’s deteriorating securitysituation. The country’s largest human trafficking problemis bonded labor, in which traffickers or recruiters exploitan initial debt assumed by a worker as part of the terms ofemployment. Bonded labor is concentrated in the Sindh and
276PAKISTANPunjab provinces in agriculture and brick-making, and to alesser extent in the mining, carpet-making, glass bangle, andfishing industries. Bonded labor also exists in the fisheries,mining, and agricultural sectors of Balochistan and KhyberPakhtunkhwa provinces. Estimates of bonded labor victims,including men, women, and children, vary widely. The AsianDevelopment Bank estimates that 1.8 million people – onepercent of Pakistan’s population – are bonded laborers, thoughmany NGOs place the estimate much higher. In extremescenarios, such as when bonded laborers attempt to seek legalredress, landowners have kidnapped them and their familymembers, holding laborers and their families in private jails.Boys and girls are also bought, sold, rented, or kidnapped towork in organized forced begging rings, domestic servitude,and prostitution. NGOs report increased public visibility andawareness of the issue of violence in child domestic servitude,including sexual abuse, torture, and death. Illegal labor agentscharge high fees to parents with false promises of decent workfor their children, who are later exploited and subjected toforced labor in domestic servitude, unskilled labor, smallshops, and other sectors. Children and adults with disabilitiesare forced to beg in Iran. Girls and women are also sold intoforced marriages; in some cases their new “husbands” movethem across Pakistan’s land borders and force them intoprostitution in Iran or Afghanistan. Non-state militant groupskidnap children or coerce parents with fraudulent promisesor threats into giving away children as young as nine to spy,fight, or die as suicide bombers in Pakistan and Afghanistan.The militants often sexually and physically abuse the childrenand use psychological coercion to convince the children thatthe acts the children commit are justified.Many Pakistani women and men migrate voluntarily to theGulf states, Iran, Turkey, South Africa, Uganda, Greece, andother European countries for low-skilled employment suchas domestic work, driving, or construction work; once abroad,some become victims of labor trafficking. False job offers andhigh recruitment fees charged by illegal labor agents or sub-agents of licensed Pakistani overseas employment promotersincrease Pakistani laborers’ vulnerabilities and some laborersabroad find themselves in involuntary servitude or debtbondage. Employers abroad use practices including restrictionson movement, nonpayment of wages, threats, and physical orsexual abuse. Moreover, traffickers use violence, psychologicalcoercion, and isolation, often seizing travel and identificationdocuments as a means to coerce Pakistani women and girlsinto prostitution. There are reports of child sex traffickingbetween Iran and Pakistan. Pakistan is a destination formen, women, and children from Afghanistan, Iran, and, toa lesser extent, Bangladesh, who are subjected to forced laborand prostitution. Religious minorities, often in the lowestsocio-economic stratum, and Afghan refugees are particularlyvulnerable to human trafficking.The Government of Pakistan does not fully comply withthe minimum standards for the elimination of humantrafficking; however, it is making significant efforts to do sodespite the severe floods the country experienced in 2010 and2011. The government incorporated information about thedifferences between trafficking and smuggling in its routineanti-trafficking training, but did not criminally convict anybonded labor offenders or officials who facilitated traffickingin persons. The lack of adequate governmental protection fortrafficking victims continued.P S E B ERecommendations for Pakistan: Significantly increase lawenforcement activities, including imposing adequate criminalpunishments for labor and sex traffickers; vigorously investigateand prosecute government officials suspected of beingcomplicit in trafficking and convict public officials at all levelswho participate in or facilitate human trafficking; develop acomprehensive criminal anti-trafficking law; pass or strengthenanti-trafficking laws and develop anti-trafficking action plansat the provincial level; consider establishing a federal-levelagency with a mandate to combat internal trafficking to workin coordination with the Federal Investigation Agency (FIA);continue to raise awareness and increase enforcement of theprovisions of the Bonded Labor System (Abolition) Act amonglaw enforcement officers; continue to sensitize governmentofficials to the differences between human trafficking andsmuggling; improve methods for identifying victims oftrafficking; strengthen provincial labor departments’ capacityto combat human trafficking, including bonded labor, throughtraining and awareness-raising and by adopting provincial-level anti-trafficking action plans; undertake local-languageawareness campaigns on human trafficking, targeted to parentswho sell their children; and improve efforts to collect, analyze,and accurately report counter-trafficking data.ProsecutionThe Government of Pakistan made limited progress inresponding to human trafficking offenses through lawenforcement means over the last year. Due to severe floodsin 2010 and 2011, government officials focused their attentionprimarily on disaster relief and recovery; as a result, thegovernment’s ability to prosecute trafficking crimes andprovide data continued to be hampered. Several sections inthe Pakistan Penal Code criminalize some forms of humantrafficking, such as slavery, selling a child for prostitution,and unlawful compulsory labor, prescribing punishmentsfor these offenses that range from fines to life imprisonment.The Bonded Labor System (Abolition) Act (BLSA) prohibitsbonded labor, with prescribed penalties ranging from two tofive years’ imprisonment, a fine, or both. Pakistani officialshave yet to secure a conviction under this law. Under thedevolution process that started in 2010, federal laws apply toprovinces until corresponding provincial laws are enacted. ThePunjab provincial government enacted the Punjab BondedLabor System (Abolition) (Amendment) Act in February2012, but did not make any substantive improvement to thefederal-level BLSA. Pakistan prohibits transnational traffickingin persons, as well as some non-trafficking offenses – suchas people smuggling and fraudulent adoption – through thePrevention and Control of Human Trafficking Ordinance,2002 (PACHTO), which prescribes penalties of seven to 14years’ imprisonment. In 2011, the government passed the Anti-Women Practices Act, which, among other things, prohibitsforced marriages in which women are used to settle debts.Offenders face sentences of between three and seven years’imprisonment.
PALAU277Prescribed penalties for the penal code and PACHTO offensesare sufficiently stringent and commensurate with those forother serious crimes, such as rape. The government did notreport any trafficking convictions under the penal code. Thegovernment prosecuted at least 55 traffickers in 2011 comparedwith at least 68 traffickers in 2010 under the penal code:one for sex trafficking and 19 for labor trafficking, and 35that were undifferentiated between sex and labor trafficking.Government officials sometimes conflated human smugglingand human trafficking, and the FIA’s anti-trafficking units dealtwith undocumented migration and smuggling, in addition tohuman trafficking. During 2011, the government reported thatit convicted trafficking offenders under PACHTO. However,since PACHTO also prohibits non-trafficking offenses, andsince some government officials conflate trafficking andsmuggling, the actual number of convicted traffickingoffenders is unknown. A regional anti-bonded labor unit inMirpurkhas, Sindh, established in 2010, continued to operate,but did not result in prosecutions or convictions for bondedlabor offenses.Government employee’ complicity in human traffickingremained a significant problem. Some feudal landlords areaffiliated with political parties or are officials themselves anduse their social, economic, and political influence to protecttheir involvement in bonded labor; a recent ILO report assertedthat those who use bonded labor have been able to do sowith impunity. Additionally, media and NGOs reported thatsome police received bribes from brothel owners, landowners,and factory owners who subjected Pakistanis to forced laboror forced prostitution, to ignore these human traffickingactivities. There were media and NGO reports that some low-level officials in the FIA anti-trafficking unit, including police,did not register trafficking cases in exchange for bribes or outof concern for their personal safety. The government did notreport prosecutions or convictions for officials complicit inhuman trafficking. The FIA continued to train officials ontransnational trafficking issues at the FIA academy. In thesetrainings, the FIA incorporated teachings of the differencesbetween smuggling and trafficking.ProtectionThe Government of Pakistan made little progress in theprotection of victims of human trafficking during the reportingperiod. Pakistani authorities continued to lack adequateprocedures and resources for proactively identifying victims oftrafficking among vulnerable persons with whom they come incontact, especially child laborers, women in prostitution, andagricultural and brick kiln workers. However, the FIA identifiedand referred some transnational victims to protective services.There were no credible data on the number of victims identifiedby the government. NGOs reported that trafficking victimswere sometimes detained, fined, or jailed as a result of crimescommitted in the course of their trafficking. Some victimswere also detained in jails due to a shortage of appropriateshelters. Various government-run shelters are available tofemale trafficking victims, but there is no information as tohow many such trafficking victims were assisted in sheltersin 2011; furthermore, there were reports of abuse and lackof freedom of movement in the shelters. In partnership withNGOs, the government continued to provide some servicesto rehabilitate child laborers, some of whom may be victimsof forced labor. The FIA reported that in partnership withNGOs, it provided some medical support, transportation,shelter, and limited legal services to victims of trafficking.There was no information as to how many trafficking victimsreceived this support.The government did not provide information on whether itmade progress in implementing its 2001 National Plan ofAction for Abolition of Bonded Labour and Rehabilitation ofFreed Bonded Labourers. Under the government’s devolutionprocess, which started in 2010, all civil labor issues became thesole responsibility of the provinces, necessitating provincial-level action plans against bonded labor. There was noinformation on whether the Sindh provincial governmentcontinued to implement its project providing protection forfreed bonded laborers, as noted in the 2011 TIP Report. Therewas no information on whether the government encouragedvictims of trafficking to participate in investigations againsttheir traffickers. The government did not report providingforeign victims with legal alternatives to their removal tocountries where they may face hardship or retribution.PreventionThe Pakistani government made limited progress in its effortsto prevent human trafficking. FIA officials participated inNGO-supported anti-trafficking public awareness campaigns,and distributed NGO-published awareness materials. FIAofficials also gave speeches at universities and did radioand television interviews. Many of the district vigilancecommittees to curb bonded labor, mandated by law, are eitherinactive or ineffectual. As a measure to establish the identityof local populations, the National Database and RegistrationAuthority continued to register women in rural areas andinternally-displaced people. In 2011, various governmentalacademies reportedly provided training for all Pakistani UNPeacekeeping Mission forces, including in combating humantrafficking, prior to their deployment abroad for internationalpeacekeeping missions. The government took measures toreduce the demand for commercial sex acts by prosecutingsome clients of prostitution. Pakistan is not a party to the2000 UN TIP Protocol.PALAU (Tier 2)Palau is a destination country for women subjected to sextrafficking and for women and men subjected to forcedlabor. Some men and women reportedly are recruited forlegitimate work from their home countries through fraudulentrepresentation of contracts and conditions of employment.Excessive hours without pay, threats of physical or financialharm, confiscation of travel documents, and the withholdingof salary payments are used as tools of coercion to obtain andmaintain their compelled service. Palau’s foreign population,including workers and dependents, is estimated at 6,000– nearly one-third of the county’s population of 20,000 –with the majority hailing from the Philippines, China, andBangladesh. Some men and women from the Philippines,China, and Bangladesh pay thousands of dollars in recruitmentfees and willingly migrate to Palau for jobs in domestic service,agriculture, restaurants, or construction, although upon arrivalare forced to work in conditions substantially different thanwhat was presented in contracts or recruitment offers. Womenfrom China and the Philippines migrate to Palau expectingto work as waitresses or clerks, but subsequently are forcedinto prostitution in karaoke bars and massage parlors. Recentreports indicate that some Indonesian men who voluntarily
278PANAMAmigrate to Palau for work on fishing boats face fraudulentrecruitment, altered working conditions, and the withholdingof salaries. Noncitizens are officially excluded from theminimum wage law, and regulations make it extremelydifficult for foreign workers to change employers once theyarrive in Palau, consequently increasing their vulnerabilityto involuntary servitude and debt bondage.The Government of Palau 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 investigated several cases of forced labor andassisted victims in obtaining new employment and housing.However, it failed to provide any training for law enforcementofficials on how to recognize, investigate, and prosecuteinstances of trafficking.P E B ERecommendations for Palau: Continue efforts to proactivelyinvestigate, prosecute, and punish trafficking offenders;continue publicly to highlight the issue and to recognize andcondemn incidences of trafficking; increase resources devotedto address anti-trafficking efforts; prohibit the confiscationof identity documents of foreign workers; develop a nationalplan of action to combat human trafficking; continue to makevigorous efforts to combat corruption by officials involved inregulating the immigration and employment of foreignworkers; monitor employment agents recruiting foreign menand women for work in Palau for compliance with existinglabor laws to prevent their facilitation of trafficking; establishformal procedures for front-line officers to identify and refertrafficking victims to protective services; continue to developand implement anti-trafficking information and educationcampaigns; and accede to the 2000 UN TIP Protocol.ProsecutionThe Government of Palau demonstrated increased lawenforcement efforts to address human trafficking duringthe year. Palau’s Anti-Smuggling and Trafficking Act of 2005prohibits all forms of trafficking in persons and prescribessufficiently stringent penalties for these offenses, ranging from10 to 50 years’ imprisonment and fines of up to $500,000; theseare commensurate with penalties prescribed for other seriouscrimes, such as rape. The government reported investigatingfour suspected trafficking cases, one of which remains ongoingand involves the forced labor of a Filipina domestic worker.Two other investigations were completed and determinednot to be human trafficking. Investigation of the fourth casewas not completed because the victims – three Indonesianfishermen subjected to exploitation on a fishing boat – returnedto Indonesia before they could be further interviewed.The government did not train law enforcement officers toproactively identify and assist victims or to identify victimsamong vulnerable populations, such as foreign workers orforeign women in prostitution. During the reporting period,the former director of the Bureau of Immigration was chargedwith participating in a scheme to assist irregular migrants inavoiding standard immigration procedures, but the case wasdropped due to insufficient evidence. The former chief of theDivision of Labor, also charged in the scheme, was convictedand sentenced in July 2011 for violation of the code of ethics;he was placed under probation and ordered to pay a $2,500fine while his three-year sentence was suspended.ProtectionThe Government of Palau made modest efforts to identifyand protect victims of trafficking during the reporting period.With the help of the Department of Labor, victims in ongoingtrafficking investigations – specifically the three Indonesianfishermen involved in one of the four reported investigationsof suspected human trafficking – obtained new employment.The government sustained partnerships with local churchesto offer shelter, food, and housing to potential traffickingvictims; however, no victims were assisted through thesepartnerships during the year. While the government did nothave a policy of identifying and referring trafficking victimsto legal services, the Attorney General’s Office has increasedits efforts to encourage victims’ participation in investigationsand prosecutions by holding counseling sessions to addressvictims’ trauma and reduce their possible fear of reprisalsfrom traffickers.PreventionThe Government of Palau sustained its efforts to preventhuman trafficking during the reporting period. In January2012, the government held an interagency meeting, titled“Universal Periodic Review – Human Rights,” which focusedon the government’s efforts to address human trafficking,including heightening public awareness and undertakinginvestigations. During the reporting period, the governmentappointed an ombudsman dedicated to labor issues andtrafficking in persons. It also forged an effective relationshipwith the Philippines embassy in which the embassy identifiedemployers involved in labor abuses and tracked egregious or“repeat” offenders who had used illegal recruiters, repeatedlyengaged in some form of labor or contract abuse, or refusedto make an appropriate settlement. The Philippines Embassyregularly and formally notified the Palau government bydiplomatic note when it added an employer to the blacklist. Atleast 11 Palauan citizens are currently blacklisted, including aserving senator and an owner of one of Palau’s two newspapers.In addition, administrative as well as legal action is takenagainst employers suspected of labor abuses, includingsanctions by the Bureau of Labor and Human Resourcesagainst the recruitment of new workers. A draft bill to prohibitrestrictions on the movement of foreign workers was submittedto Palau’s Congress for approval. The government did notprovide any training for law enforcement officials on how torecognize, investigate, and prosecute instances of trafficking.The government made no discernible effort to address thedemand for commercial sex acts or the demand for forcedlabor during the reporting period. Palau is not a party to the2000 UN TIP Protocol.PANAMA (Tier 2)Panama is a source, transit, and destination country for men,women, and children subjected to sex trafficking and forced
PANAMA279labor. Although Panamanian women and girls reportedlyhave been subjected to sex trafficking in other countries in theWestern Hemisphere, most Panamanian trafficking victimsare exploited within the country. Most foreign traffickingvictims found in Panama are adult women from Colombiaand, to a lesser extent, from neighboring Central Americancountries and the Dominican Republic. Some victims migratevoluntarily to Panama to work, but are subsequently exploitedin sex trafficking through the entertainment industry or indomestic servitude. During the year, authorities identifiedseveral East European women working in nightclubs aspotential sex trafficking victims. NGOs report that somePanamanian children, mostly young girls, are subjected todomestic servitude. Some Chinese men and women havebeen smuggled into the country to work in grocery stores andlaundries, apparently in situations of debt bondage.The Government of Panama does not fully comply with theminimum standards for the elimination of trafficking; however,it is making significant efforts to do so. During the year,authorities passed comprehensive anti-trafficking legislation,increased the number of sex trafficking investigations, andidentified a significant number of potential trafficking victims.However, the government provided no funding for specializedvictim services, did not report how many victims were assisted,and, for a second consecutive year, convicted no traffickingoffenders.P E B ERecommendations for Panama: Increase funding forspecialized victim services, particularly for adult victims,possibly through funding a dedicated shelter; intensify lawenforcement efforts to investigate and prosecute both laborand sex trafficking crimes and convict and sentence traffickingoffenders, including complicit officials; strengthen government-provided training for police officers, immigration officials,social workers, and other government officials in anti-trafficking laws and victim identification and care; developformal guidelines for identifying trafficking victims amongvulnerable populations, particularly women in prostitutionand migrant workers, in order to standardize victimidentification efforts; increase funding and training on howto investigate trafficking cases for anti-trafficking police andprosecutors; and strengthen interagency coordinationmechanisms.ProsecutionThe Government of Panama increased investigations oftrafficking crimes and strengthened its legal frameworkduring the reporting period, although it achieved notrafficking convictions during the year. In January 2012,authorities enacted a law prohibiting all forms of trafficking,with prescribed sentences ranging from six to 30 years’imprisonment, depending on the nature of the offense. Thesepunishments are sufficiently stringent and commensuratewith those prescribed for other serious crimes, such as rape.The new law also prohibits moving people for the purposesof prostitution and illegal adoption, offenses that are notconsidered trafficking under the 2000 UN TIP Protocol.Previously, Panamanian law had not criminalized forced labor.During the reporting period, authorities investigated ninesex-trafficking cases and initiated the prosecution of fouraccused trafficking offenders. However, authorities reportedthat no trafficking offenders were convicted during the year.During the previous reporting period, authorities initiatedfive prosecutions, but convicted no traffickers. Authoritiesmaintained a small law enforcement unit to investigatesex trafficking and related offenses, but the unit remainedunderstaffed. The organized crime prosecutorial unitcontinued to be responsible for trafficking cases and increasedits staff from two to 12 prosecutors. The lack of systematicdata collection for trafficking crimes remained an impediment.Authorities continued to prosecute six former immigrationofficials for their roles in a possible trafficking case. In addition,officials opened investigations against two senior immigrationofficials for complicity in trafficking-related offenses, butcharges were subsequently dropped. In 2011, the governmenttrained 80 government tourist officials on how to identifytrafficking victims. Other Panamanian officials participatedin training on how to investigate trafficking cases providedby international organizations and foreign governments incollaboration with Panamanian authorities.ProtectionDespite increased victim identification and the efforts ofindividual Panamanian officials to assist some victims duringthe year, specialized services for trafficking victims remainedvirtually nonexistent in the country. Authorities did not employformal procedures for identifying trafficking victims amongvulnerable populations, such as detained undocumentedmigrants and people in prostitution. However, authoritiesinvestigating drug crimes collaborated with organized crimeprosecutors when conducting raids on commercial sex sites inorder to assist identification of trafficking victims. Officialsreported identifying 80 potential trafficking victims, butdid not report how many of these victims received services.While authorities reported referring some victims to NGOsand other institutions providing care services, it is unclearif they did so in a systematic fashion. Specialized servicesfor trafficking victims remained inadequate, and authoritiesdid not report funding NGOs to provide services or shelter.NGO and government shelters for child victims of abuse andviolence could provide services to child trafficking victims,although there were no reports that they did so in practice in2011. In the absence of shelters for adults, authorities notedthat they could house adult victims in hotels on an ad hoc basis,although they did not report doing so in practice during theyear, and some victims identified by authorities had to payfor their own lodging after being rescued.Officials reported that victims identified by law enforcementofficials received a psychological evaluation as well as medical,psychological, and legal services, although these services werenot continuous. There were no long-term services availableto trafficking victims. Panamanian authorities encouragedvictims to assist with the investigation and prosecution oftrafficking offenders, although officials reported difficultiesin obtaining victim participation in investigations and didnot report how many victims they assisted during the year.The new anti-trafficking law provided legal alternatives to theremoval of foreign victims of trafficking to countries where
280they might face hardship or retribution. However, authoritiesdid not provide information on the number of victims, if any,who received such immigration relief during the reportingperiod. Law enforcement officials facilitated the voluntaryrepatriation of some foreign victims, paying out of their ownpocket for travel expenses in at least one case. Traffickingvictims were not penalized for unlawful acts committed asa direct result of being trafficked. Due to the lack of victimidentification guidelines, not all foreign victims may havebeen identified before their deportation.PreventionDuring the reporting period, the Government of Panama, inpartnership with an international organization, maintainedefforts to prevent human trafficking through a campaign toraise awareness about the commercial sexual exploitationof children. The new law established an anti-traffickingcommittee, which met twice during the reporting period andbegan drafting a national anti-trafficking action plan. Child sextourism is prohibited by law, and authorities partnered withan NGO and the tourism sector to raise awareness about thisproblem. However, there were no investigations, prosecutions,or convictions of child sex tourists reported during the year.The government did not undertake any other efforts to reducethe demand for commercial sex acts or initiatives to reducethe demand for forced labor.PAPUA NEW GUINEA (Tier 3)Papua New Guinea is a source, destination, and transit countryfor men, women, and children subjected to sex traffickingand forced labor. Women and children are subjected to sextrafficking and domestic servitude and men are forced to laborin logging and mining camps. Children, especially younggirls from tribal areas, are most vulnerable to commercialsexual exploitation; they are also subjected to forced laborby members of their immediate family or tribe. Familiestraditionally sell girls into forced marriages to settle debts,leaving them vulnerable to forced domestic service, andtribal leaders trade the exploitative labor and service of girlsand women for guns and political advantage. Young girlssold into marriage are often forced into domestic service forthe husband’s extended family. In more urban areas, somechildren from poorer families are prostituted by their parentsor sold to brothels. Migrant women and teenage girls fromMalaysia, Thailand, China, and the Philippines are subjectedto sex trafficking, and men from China are transported to thecountry for forced labor.Asian crime rings, foreign logging companies, and foreignbusinesspeople arrange for some women to voluntarily enterPapua New Guinea with fraudulently issued tourist or businessvisas. Subsequent to their arrival, many of the women areturned over to traffickers who transport them to logging andmining camps, fisheries, and entertainment sites to exploitthem in forced prostitution and domestic servitude. Foreignand local men are exploited for labor at commercial minesand logging camps, where some receive almost no pay and arecompelled to continue working for the company indefinitelythrough debt bondage schemes. Employers exacerbate workers’indebtedness by paying substandard wages and chargingartificially inflated prices at a the company’s store. In suchcircumstances, an employee’s only option becomes to buy foodand other necessities on credit. Filipino men, brought into thecountry without proper documentation, may be exploited inthe fishing industry. Government officials facilitate traffickingby accepting bribes to allow illegal migrants to enter thecountry or to ignore victims forced into prostitution or labor,by receiving female trafficking victims in return for politicalfavors, and by providing female victims in return for votes.The Government of Papua New Guinea does not fully complywith the minimum standards for the elimination of traffickingand is not making significant efforts to do so. Despite overalllow awareness of trafficking among many government officials,the government acknowledged that human trafficking wasa problem in the country and expressed its commitment toincreasing law enforcement’s capacity to address it. It didnot, however, enact legislation to criminalize all forms oftrafficking, investigate or prosecute suspected traffickingoffenders under existing laws, or identify or assist anytrafficking victims during the year.P P E E E B ERecommendations for Papua New Guinea: Enact legislationprohibiting and punishing all forms of trafficking; investigate,prosecute, and punish trafficking offenders, including officialswho facilitate or directly benefit from trafficking; developand institute a formal procedure to identify victims oftrafficking among vulnerable groups, such as individuals inprostitution and foreign women arriving for work in PapuaNew Guinea; train law enforcement officers to proactivelyidentify victims and refer them to protective services; ensurethat victims of trafficking are not arrested, deported, orotherwise punished for acts committed as a direct result ofbeing trafficked; work with NGOs and internationalorganizations to increase protective services to victims oftrafficking; increase collaboration with civil society, religious,and tribal leaders to raise awareness of and reduce demandfor forced labor and commercial sex acts; and accede to the2000 UN TIP Protocol.ProsecutionThe Government of Papua New Guinea did not demonstratesignificant progress in its anti-trafficking law enforcementefforts during the year. Authorities did not report investigating,arresting, or prosecuting any trafficking offenders. Papua NewGuinea’s laws do not prohibit all forms of trafficking. In October2011, tentative action was taken on draft anti-traffickinglegislation that has been with the Department of Justice andAttorney General (DJAG) for a number of years. The legislation,which would amend the country’s criminal code to include aprovision prohibiting human trafficking, was endorsed by theNational Executive Council and subsequently forwarded tothe Office of the First Legislative Counsel for final approval.The office issued a certificate of compliance, but the certifiedbill must be resubmitted to the National Executive Councilbefore submission to parliament, and this did not occur duringthe reporting period. Papua New Guinea’s existing criminalcode contains provisions prohibiting some forms of humanPAPUANEWGUINEA
281trafficking, such as the trafficking of children for commercialsexual exploitation and slavery and the forced labor andslavery of adults. Its legal definition of forced labor, however,may exclude victims who initially agreed to a particularjob, but were subsequently held through coercion. Penaltiesprescribed for the crime of child trafficking are up to lifeimprisonment and are sufficiently stringent and commensuratewith penalties prescribed for other serious crimes, such asrape. The criminal code prescribes various penalties underdifferent definitions of forced prostitution of women. Theseoffenses, including holding a woman in a brothel against herwill, prescribe insufficiently stringent penalties of low finesor sentences of up to two years’ imprisonment. Prescribedpenalties of up to seven years’ imprisonment for perpetratorswho use fraud, violence, threats, abuse of authority, or drugsto procure a person for purpose of forced prostitution aresufficiently stringent. However, there is no indication thatany of these statutes have been used to prosecute traffickingcases. Trafficking-related crimes in rural areas were referredto village courts, which administered customary law, ratherthan to criminal courts, and adjudicated cases resulted inrestitution paid by the trafficking offender to the victimrather than criminal penalties assigned to the offender. Somevictims of internal trafficking (or their parents) who receivedcustomary compensation payments from the offender werereluctant to notify police or bring additional criminal chargesagainst traffickers.Eight foreign individuals implicated in the production ofchild pornography, who may have also committed traffickingcrimes, were placed in detention for immigration violationsand an additional suspect was deported. The governmenttook no action to criminally prosecute the alleged offendersor to protect suspected victims. The government did nottrain any police officers or front-line officials on traffickingduring the year. During the year, the government cooperatedwith an international organization in the planning andimplementation of anti-trafficking training provided to lawenforcement officers and community members with thefunding support of foreign donors. Wealthy businesspeople,politicians, and police officials who benefitted financiallyfrom the operation of commercial sex establishments werenot prosecuted. Law enforcement agencies were underfunded,and most government offices remained weak as the result ofcorruption, cronyism, a lack of accountability, and a promotionsystem based on patronage. The government did not investigateor prosecute any government officials for complicity intrafficking-related crimes during the year, including a seniorpolice officer implicated in the child pornography case.ProtectionThe Government of Papua New Guinea did not make anyefforts to identify or assist victims of trafficking during thereporting period. The government did not proactively identifytrafficking victims among vulnerable populations, nor didit refer victims to NGO service providers. It did not operateany victim care facilities for trafficking victims. Shelters runby NGOs may be available to trafficking victims, but noneof these organizations reported identifying or assisting anyvictims of trafficking during the year. The government did notprovide funding to any international organizations or NGOsto assist trafficking victims. Due to poor victim identificationby authorities, potential victims who came to the attentionof police may have been punished for crimes committed as adirect result of being trafficked. This was especially true forvictims of sex trafficking, who may have been prosecutedfor violation of the country’s prostitution laws. While lawsare in place to protect sex trafficking victims from beingpenalized for unlawful acts they might have committed asa direct consequence of their being trafficked, there are nosuch provisions for victims of forced labor. Fifty Filipino men,brought illegally to Papua New Guinea as fisherman for alocal government company, are currently stranded, facingarrest if they attempt to leave the country without properdocumentation. No efforts have been made to determinewhether these men were trafficking victims. The governmentdid not offer legal alternatives to the removal of foreign victimsof trafficking to countries where they may face hardship orretribution.PreventionDuring the past year, the Government of Papua New Guineainitiated modest efforts to prevent human trafficking. Thegovernment did not conduct any public awareness campaignson the dangers of human trafficking. From February throughMay 2011, the DJAG, in partnership with an internationalorganization and with funding from a foreign donor, conductedresearch on human trafficking in four provinces. This researchis expected to yield a report on the occurrence and nature ofhuman trafficking and human smuggling in the country, withrecommendations for future government actions to addressthese problems. The national human trafficking committee,chaired by the DJAG and including members from othergovernment agencies as well as international organizationsand NGOs, held only two of its four regularly-scheduledmeetings during the reporting period. The committee didnot report taking any additional actions during the year andattendance at its meetings remained poor. The governmenttook no discernible actions to decrease the demand for forcedlabor or commercial sex acts, and it did not provide anti-trafficking training to Papua New Guinean troops prior to theirdeployment abroad on international peacekeeping missions.Papua New Guinea is not a party to the 2000 UN TIP Protocol.PARAGUAY (Tier 2)Paraguay is a source country for women and childrensubjected to sex trafficking and for men, women, and childrensubjected to forced labor. To a more limited extent, Paraguayis a destination and transit country for men and womensubjected to forced labor and forced prostitution. Paraguayantrafficking victims are found in Argentina, Chile, Bolivia, andSpain. During the year, a significant number of Paraguayansex trafficking victims were identified in Argentina, while agroup of 57 Paraguayans were exploited in forced labor in avineyard in Chile. Officials identified new destinations forParaguayan victims of sex trafficking, including South Korea,Japan, Mexico, and the United States. Authorities reporteda pattern of Paraguayan women smuggling drugs throughNorth Africa who are subsequently sent to Europe, reportedlyto be exploited in forced prostitution. An NGO reportedthat transgender Paraguayan teenagers were exploited in sextrafficking in Italy, as well as within the country. Domesticservitude and sex trafficking of women and girls within thecountry remain a serious problem, with many victims recruitedfrom rural areas, in particular for the department of Caazapa,and exploited in urban centers such as Asuncion, Ciudad delEste, and Encarnacion. Indigenous persons are particularlyPARAGUAY
282at risk of being subjected to forced labor and sex trafficking.Street children remained vulnerable to human trafficking.The Government of Paraguay does not fully comply with theminimum standards for the elimination of trafficking; however,it is making significant efforts to do so. The governmentincreased law enforcement efforts through record convictionnumbers and maintained provision of victim services forsex trafficking victims during the year. However, the legalframework failed to adequately prohibit internal cases of forcedlabor or sex trafficking; specialized victim services remainedlimited outside of the capital; and authorities lacked a formalsystem to proactively identify trafficking victims.P E B ERecommendations for Paraguay: Address deficiencies inanti-trafficking laws to prohibit forced labor and sex traffickingoccurring within the country’s borders; ensure access tocomprehensive services and shelter for victims of sex andlabor trafficking alike through increased funding for victimservices; intensify efforts to investigate and prosecutetrafficking offenses, including forced labor crimes and crimesinvolving official complicity, as well as efforts to convict andpunish trafficking offenders; consider increasing resourcesfor dedicated police and prosecutorial units; increase trainingfor government officials, including law enforcement officials,judges, and social workers on how to identify and respond totrafficking cases; consider strengthening interagency effortsthrough passing a national plan; and strengthen efforts toraise public awareness about all forms of human trafficking,including internal trafficking.ProsecutionThe Paraguayan government’s anti-trafficking law enforcementincreased during the past year, as authorities convicted asignificant number of traffickers. Paraguay’s penal code doesnot sufficiently prohibit all forms of trafficking in persons.Articles 129(b) and (c) of the penal code, which came into forcein July 2009, prohibit transnational sex and labor traffickingthat involve the use of force, threats, deception, or trickery,prescribing penalties up to 12 years’ imprisonment. All ofthese prescribed penalties are sufficiently stringent andcommensurate with penalties prescribed for other seriouscrimes, such as rape. Although Paraguayan law does notspecifically prohibit internal trafficking, prosecutors coulddraw on exploitation of prostitution, kidnapping, andservitude statutes, as well as other penal code provisions, toprosecute internal trafficking offenses. A draft comprehensivetrafficking law was introduced to congress during the year.The police maintained anti-trafficking units in Asuncion,Puerto Elisa, Colonel Oviedo, Encarnacion, and Ciudad delEste. The dedicated anti-trafficking unit in the attorney general’soffice had a total of two prosecutors and 10 assistants, and thisunit worked across the country to investigate and prosecutehuman trafficking cases. Some civil society and governmentactors noted that the units had limited human and materialresources, and awareness of internal trafficking crimes wasweak among many officials. In 2011, Paraguayan prosecutorsreported investigating at least 146 possible trafficking cases,compared with 107 possible cases opened in 2010; mostcases involved sex trafficking. Authorities initiated 30 newprosecutions and achieved nine convictions of traffickingoffenders; six cases involved transnational sex trafficking andone involved transnational forced labor, while prosecutorsused other statues to convict two traffickers for internalsex trafficking. Sentences ranged from two to four years’imprisonment, and all convicted traffickers reportedly wereserving jail sentences. This is a significant increase comparedwith the previous reporting period, when officials reported noconvictions for trafficking crimes. Some government officials,including police, border guards, judges, and public registryemployees, reportedly facilitated trafficking crimes, includingby protecting brothels where minors were prostituted. Onecase against a police officer for involvement in sex traffickingremained pending. Paraguayan officials continued to cooperatewith Argentine and Chilean counterparts on traffickinginvestigations.ProtectionThe Government of Paraguay maintained efforts to protectfemale victims of sex trafficking during the reporting period,but victim assistance remained uneven outside of the capital.Authorities did not employ formal procedures for proactivelyidentifying trafficking victims among vulnerable populationssuch as those in prostitution, domestic workers, or streetchildren. Officials referred identified victims to services onan ad hoc basis. During the reporting period, prosecutorsidentified 145 trafficking victims, including 88 sex traffickingvictims who were referred to care facilities. The coordinatorof the anti-trafficking roundtable reported that 192 victimswere identified during the year, while the Directorate ofExpatriates reported assisting 314 victims abroad. The differingfigures reflect the difficulties in collecting comprehensive andaccurate victim data.The government’s Women’s Secretariat (SMRP) ran one shelterin Asuncion for female trafficking victims; the shelter didnot detain adult victims involuntarily, and during the yearit assisted 38 victims. SMRP also continued to fund otherassistance programs, including three drop-in centers for femalevictims of violence or trafficking. Most victim services, however,were funded at least in part by international donors andwere provided by NGOs. During the year the governmentopened and staffed a second shelter dedicated for femaletrafficking victims in Ciudad del Este; however, it shut downafter three months when a private donor supporting the shelterceased paying rent. Twenty-five girls housed at the shelterwere returned to their families, some of whom were complicitin their exploitation. A report published during the yearhighlighted the lack of specialized services, including shelters,available for child sex trafficking victims. The Paraguayangovernment did not offer shelter facilities for male victims.Paraguayan authorities encouraged victims to participate inthe investigation and prosecution of their traffickers, andsome victims filed complaints to open investigations. Victimsgenerally avoided the court system, however, due to socialstigma, fear of retaliation, and the lengthy judicial process.Identified victims generally were not jailed, deported, orotherwise penalized for acts committed as a direct result ofbeing trafficked. The Government of Paraguay could offerPARAGUAY
283temporary or permanent residency status for foreign traffickingvictims through its liberal immigration system, but did notreport doing so in the past year.PreventionThe Paraguayan government maintained prevention activitiesduring the reporting period. Government agencies, civil societyorganizations, and foreign diplomatic missions participatedin a government-run anti-trafficking roundtable, which metseveral times during the year, and whose four sub-committeeseach met 10 times during the year. The roundtable drafted anational anti-trafficking plan, which awaited the president’ssignature. No new awareness campaigns were initiated duringthe year, although the government continued to distribute“know your rights” pamphlets to educate Paraguayansseeking work abroad. The government reported no effortsto reduce demand for commercial sex acts or forced labor.Some government agencies issued public reports of theiranti-trafficking efforts. Paraguay was not a known destinationfor child sex tourists,although foreign citizens from Braziland Argentina are reported to engage in commercial sexualexploitation of children in the tri-border area. The governmentprovided human rights training, which included a humantrafficking component, to Paraguayan troops prior to theirdeployment abroad on international peacekeeping missions.PERU (Tier 2)Peru is a source, transit, and destination country for men,women, and children subjected to forced labor and sextrafficking. Peruvians are exploited in forced labor withinthe country, mainly in mining, logging, agriculture, brickmaking, and domestic service. Peruvian women and girls,and to a lesser extent boys, are recruited and coerced intoprostitution in Peru’s urban areas and mining centers, oftenthrough false employment offers or promises of education.The Madre de Dios province, as well as the cities of Cuzcoand Lima, were identified as some of the main destinationsfor sex trafficking victims. Indigenous persons are particularlyvulnerable to debt bondage. Forced child labor remains aproblem, particularly in informal gold mines, among beggingrings in urban areas, in domestic service, and in cocaineproduction and transportation. There are continued reportsthat the terrorist group Sendero Luminoso, or Shining Path,recruited children to serve as combatants and in the illicitnarcotics trade. To a lesser extent, Peruvian women are foundin forced prostitution in Ecuador and Argentina, and menand women are found in forced labor in Argentina, Chile,Ecuador, Brazil, and the United States, among other countries.Peru also is a destination country for some foreign femaletrafficking victims, particularly from Ecuador, and someBolivian nationals in conditions of forced labor. Child sextourism is present in areas such as Cuzco, Lima, and thePeruvian Amazon.The Government of Peru does not fully comply with theminimum standards for the elimination of trafficking; however,it is making significant efforts to do so. The government againfailed to make sufficient efforts to address the high incidence offorced labor in the country and, given the magnitude of Peru’strafficking problem and the high number of cases identified,convictions and sentences remained low. Governmentfunding for specialized victim services remained inadequate,particularly in light of the significant number of victims, andlaw enforcement officials repeatedly conflated sex traffickingand prostitution. The government also failed to take actionagainst government employees facilitating human trafficking.However, authorities maintained law enforcement effortsagainst sex trafficking offenders, achieved the country’s firstforced labor conviction, and enacted a national plan againsttrafficking that had been pending since 2006.PE E B ERecommendations for Peru: Significantly increase effortsto investigate and prosecute trafficking offenses, and convictand punish trafficking offenders, especially for forced laborcrimes; fund dedicated shelters and specialized services forall victims of trafficking, including adults, or fund NGOs withcapacity to provide these services; initiate proactiveinvestigations of forced labor crimes through enhancedpartnerships between law enforcement officials, labor officials,and civil society organizations; create and implement formalvictim identification and referral mechanisms; ensure thatlaw enforcement officials conduct intelligence-based raidsand employ effective victim screening during operations; offerenhanced anti-trafficking training for local prosecutors, judges,labor inspectors, social workers, and law enforcementpersonnel; hold corrupt officials who may facilitate traffickingactivity accountable through criminal investigations andprosecutions; increase funding for resources and training forspecialized anti-trafficking police and prosecutorial units;dedicate funding to implementation of the new national plan;improve data collection for trafficking crimes; and continueto strengthen local government efforts to combat traffickingand to raise public awareness on all forms of human trafficking.ProsecutionThe Government of Peru demonstrated mixed anti-traffickinglaw enforcement efforts over the last year. It continued tocombat forced prostitution through law enforcement measures,though it again demonstrated weak efforts to investigate andprosecute forced labor offenses. Law 28950 of 2007 prohibitsall forms of trafficking in persons, as well as people smuggling,prescribing penalties of eight to 25 years’ imprisonment.These penalties are sufficiently stringent and commensuratewith those prescribed for other serious crimes, such as rape.However, NGOs continued to report that some law enforcementinvestigators, prosecutors, and judges often opt to classifyhuman trafficking cases as less serious criminal offensesand prescribe lower penalties. In 2011, police registered 199potential trafficking cases; these cases involved sex trafficking,labor trafficking, and forced begging, and several cases wereregistered as both sex and labor trafficking. During 2011,prosecutors initiated prosecutions in 84 trafficking casesand secured four sex trafficking convictions and one forcedlabor conviction. In 2010, the government reported achieving12 trafficking convictions, when in fact it achieved only six,highlighting the need for better data collection. Reportedsentences for the five convicted offenders in 2011 rangedfrom four to eight years’ imprisonment, in addition to fines;PERU
284PHILIPPINESthe labor trafficking offender received a suspended sentence,while one sex trafficking offender was convicted in absentia.There continued to be very few prosecutions and convictionsreported for forced labor offenses.The government’s dedicated anti-trafficking police divisionconsisted of 50 officers and was based in the capital, with asmaller unit in Iquitos. The division’s effectiveness, particularlyoutside the capital, was hampered by limited resources.Police maintained uneven use of an electronic case trackingsystem for human trafficking investigation; this system didnot track prosecutions and convictions, was not utilized byofficers in all parts of the country, and temporarily ceasedfunctioning for two months due to lack of funding for Internetconnection. Furthermore, an NGO noted that some policeofficers erroneously entered prostitution cases as humantrafficking cases in the system, reflecting a wider pattern of lawenforcement officials conflating prostitution and sex trafficking.Corruption among low-level officials facilitated traffickingin certain instances, and individual police officers toleratedthe operation of unlicensed brothels and commercial sexualexploitation of children. The government did not report anyinvestigations, prosecutions, or convictions of governmentemployees complicit in human trafficking. In partnershipwith civil society organizations and often with internationalorganization and foreign government funding, the governmentprovided training on human trafficking to police officers,prosecutors, diplomats, and other officials.ProtectionThe Peruvian government provided minimal assistance totrafficking victims last year. Authorities did not develop oremploy systematic procedures for identifying traffickingvictims among vulnerable populations, such as peoplein prostitution or child laborers, and a prominent NGOquestioned law enforcement’s ability to distinguish betweenpeople in prostitution and sex trafficking victims. Laborinspections focused on the formal sector, and inspectors hadnot received training on forced labor. Law enforcement officialsreported identifying 870 potential trafficking victims in 2011,including 700 adults and 170 children, a significant increasefrom the 191 identified in 2010. It appears, however, thatthese numbers included a significant number of adult womenin prostitution who were not trafficking victims. In previousyears, the majority of victims identified were children. Thegovernment had no formal process for referring traffickingvictims to services. Authorities reported referring female childvictims of sex trafficking to the network of 38 government-run children’s homes for at-risk youth, including two sheltersfor teenage girl victims of sexual exploitation that were notspecialized for trafficking victims. Adult female victims couldreceive services through the government’s network of over140 emergency centers, though these centers do not offershelter services and none are specifically equipped or staffedto care for trafficking victims. The Peruvian national policemaintained preventive centers for vulnerable minors wheresome child victims of trafficking were temporarily housed. Insome cases, however, if other shelters are full, victims havebeen known to stay for months. NGOs and internationalorganizations provided most services to victims withoutgovernment funding, and services remained unavailable inmany parts of the country, particularly for adults or forcedlabor victims.Victim participation in the investigation or prosecution oftraffickers remained limited, and Peruvian officials citedlack of funding for victim protection programs as one of thekey challenges. Peruvian prosecutors reported providing 170victims with legal, social, or psychological services, and anNGO study published during the year found that victimsreceived inadequate protection and assistance during thelegal process, noting that the identities of adult victims weremade public in all cases analyzed. The government did not,however, penalize victims for unlawful acts committed as adirect result of being trafficked. Foreign trafficking victimswere eligible for temporary and permanent residency statusunder Peruvian refugee law, though there were no reportsof victims requesting or receiving this status during the year.PreventionThe Government of Peru maintained anti-trafficking preventionefforts during the year. In October 2011, authorities enactedthe national plan to combat trafficking. Government entitieswere directed to designate funds from their own budgets toimplement the plan: while the Ministry of Interior reporteddedicating funding for the operation of the interagencycommittee, most ministries did not have trafficking-designatedfunding to fulfill their responsibilities. The government’sinteragency committee, which also included civil societyactors, continued to meet to coordinate anti-trafficking effortsand published an extensive annual report on governmentefforts over the past year. Although they conducted few publicawareness efforts, authorities continued to partner with civilsociety organizations in awareness campaigns and events.The government continued to advertise its anti-traffickinghotline, which received 36 reports of trafficking in 2011;however, some NGOs noted that the hotline was of limiteduse, as it does not accept calls from cellular phones. Severalregional governments maintained anti-trafficking workinggroups or worked on regional anti-trafficking plans during theyear. Some areas of the country are known child sex tourismdestinations, and Peruvian laws prohibit this crime. Duringthe reporting period, Peruvian authorities trained touristservice providers on this issue, but reported no investigations,prosecutions, or convictions of child sex tourists in 2011. Thegovernment provided Peruvian peacekeepers with humanrights training, including human trafficking awareness, priorto their deployment abroad on international peacekeepingmissions. No efforts to reduce demand for commercial sexacts or forced labor were reported.PHILIPPINES (Tier 2)The Philippines is a source country and, to a much lesser extent,a destination and transit country for men, women, and childrensubjected to sex trafficking and forced labor. A significantnumber of Filipino men and women who migrate abroad forwork are subsequently subjected to conditions of involuntaryservitude worldwide. Men, women, and children are subjectedto conditions of forced labor in factories, at construction sites,on fishing vessels, on agricultural plantations, and as domesticworkers in Asia and increasingly throughout the Middle East.A significant number of Filipino women working in domesticservice in foreign countries also face rape, physical violence,and sexual abuse. Skilled Filipino migrant workers, such asengineers and nurses, are also subjected to conditions of forcedlabor abroad. Women were subjected to sex trafficking in
PHILIPPINES285countries such as Malaysia, Singapore, Hong Kong, Republicof Korea, and Japan and in various Middle Eastern countries.For example, from January to March 2012, the governmentrepatriated 514 Filipina domestic workers from Syria; over 90percent were identified as trafficking victims who had sufferedphysical, psychological, and verbal abuse from employersin Syria.Trafficking of men, women, and children within the countryalso remains a significant problem in the Philippines. Peopleare trafficked from rural areas to urban centers includingManila, Cebu, the city of Angeles, and increasingly citiesin Mindanao, as well as within other urban areas. Men aresubjected to forced labor and debt bondage in the agriculture,fishing, and maritime industries. Women and children weretrafficked within the country for forced labor as domesticworkers and small-scale factory workers, for forced begging,and for exploitation in the commercial sex industry. Hundredsof victims are subjected to forced prostitution each day inwell-known and highly visible business establishments thatcater to both domestic and foreign demand for commercialsex acts. Filipino migrant workers, both domestically andabroad, who became trafficking victims were often subject toviolence, threats, inhumane living conditions, nonpaymentof salaries, and withholding of travel and identity documents.Traffickers, in partnership with organized crime syndicatesand corrupt law enforcement officers, regularly recruit familyand friends from villages and urban neighborhoods, oftenmasquerading as representatives of government-registeredemployment agencies. Fraudulent recruitment practices andthe institutionalized practice of paying recruitment fees oftenleave workers vulnerable to forced labor, debt bondage, andcommercial sexual exploitation. Reports that illicit recruitersincreased their use of student, intern, and exchange programvisas to circumvent the Philippines government and receivingcountries’ regulatory frameworks for foreign workers are notuncommon. Recruiters adopted new methods in attempts toavoid government-run victim detection units at airports andseaports. Traffickers utilized budget airlines, inter-island ferriesand barges, buses, and even chartered flights to transport theirvictims domestically and internationally.Child sex tourism remained a serious problem in thePhilippines, with sex tourists coming from Northeast Asia,Australia, New Zealand, Europe, and North America to engagein the commercial sexual exploitation of children. Increasingly,Filipino children are coerced to perform sex acts for Internetbroadcast to paying foreign viewers.Children in conflict-afflicted areas faced increased vulnerabilityto trafficking. One NGO estimated that over 900,000 Filipinos,most of whom are based in Mindanao, lack identity documents;the lack of birth registrations or other official documentationis widely recognized as contributing to this population’svulnerability to trafficking. The Moro Islamic LiberationFront, a separatist group, and the New People’s Army wereidentified by the United Nations as among the world’spersistent perpetrators of violations against children in armedconflict, including forcing children into service. During theyear, the UN reported on the Abu Sayyaf Group’s continuedtargeting of children for conscription as both combatantsand noncombatants.The Government of the Philippines does not fully comply withthe minimum standards for the elimination of trafficking;however, it is making significant efforts to do so. Thegovernment significantly increased funding of the Inter-AgencyCouncil Against Trafficking (IACAT) from the equivalent ofapproximately $230,000 in 2010 to the equivalent of $1.5million in 2011. The government continued to prosecuteand convict trafficking offenders and implemented a newprogram to protect and rehabilitate victims. Additionally,authorities continued to make efforts to address trafficking-related corruption, filing criminal cases against 18 officialsduring the year. The government made notable effortsto prevent trafficking, including through training publicofficials, strengthening and expanding structures to screenfor trafficking indicators before Filipino migrant workers’departure overseas, and negotiating bilateral agreementsto protect its workers employed in foreign countries. Thegovernment did not, however, make progress on efforts tocriminally prosecute labor recruitment companies involved inthe trafficking of migrant workers abroad, and overall victimidentification and protection efforts remained inadequate.Rampant corruption at all levels continues to enable traffickersand undermines efforts to combat trafficking.P PP ES E B ERecommendations for the Philippines: Sustain theintensified effort to investigate, prosecute, and convict anincreased number of both labor and sex trafficking offendersin the trafficking of Filipinos within the country and abroad;increase funding for anti-trafficking programs within IACATmember agencies; address the significant backlog of traffickingcases by developing mechanisms to track and monitor thestatus of cases filed with the Department of Justice (DOJ) andthose under trial in the courts; conduct immediate and rigorousinvestigations of complaints of trafficking complicity bygovernment officials and ensure accountability for leadersthat fail to address trafficking-related corruption within theirareas of jurisdiction; strengthen anti-trafficking training forpolice recruits, front-line officers, and police investigators;improve collaboration between victim service organizationsand law enforcement authorities with regard to law enforcementoperations; make efforts to expand the use of victim processingcenters to additional localities to improve identification ofadult victims and allow for victims to be processed and assistedin a safe environment after a rescue operation; increase victimshelter resources and expand the government shelter systemto assist a greater number of trafficking victims, includingmale victims of both sex and labor trafficking; increase fundingfor the DOJ’s program for the protection of witnesses andentry of trafficking victims into the program; increase effortsto identify trafficking victims in destination countries and topursue criminal investigation and prosecution of theirtraffickers; and develop and implement programs aimed atreducing the demand for commercial sex acts.ProsecutionThe government continued to prosecute and convict sex andlabor trafficking offenders at a rate similar to the previousyear. The Philippines criminally prohibits both sex and labor
286PHILIPPINEStrafficking through its 2003 Anti-Trafficking in Persons Act,which prescribes penalties that are sufficiently stringent andcommensurate with those prescribed for other serious crimes,such as rape. During the reporting period, the governmentconvicted 29 trafficking offenders, compared with 28 traffickersconvicted during the previous year. Two of the 29 traffickerswere convicted of labor trafficking. Sentences for the convictedoffenders ranged from one year to life imprisonment, withthe majority of offenders sentenced to life imprisonment.The government reported that it concurrently pursued civilcases on behalf of victims, unless the victims opted to pursuesuch a case independently. Nevertheless, hundreds of victimscontinue to be trafficked each day in well-known, highlyvisible establishments, many of which have never been thetarget of anti-trafficking law enforcement action. Five of the29 convictions were the results of cases filed and prosecutedby an NGO on behalf of victims, as the Philippines justicesystem allows private attorneys to prosecute cases under thedirection and control of public prosecutors.Although the DOJ continued to encourage courts’ expeditedprocessing of trafficking cases, inefficiencies in the judicialsystem continue to pose serious challenges to the successfulprosecution of some trafficking cases. Philippine courtshave over 680 pending or ongoing trafficking cases andan additional 129 cases remained pending at the DOJ. In2011, the DOJ increased its number of designated traffickingprosecutors from 36 to 58 individuals in various national,regional, and airport task forces to work on anti-traffickingcases. In this task force model, prosecutors are assigned toassist law enforcement in building cases against suspectedtrafficking offenders, a notable difference from the normalpractice in which prosecutors wait until an investigation iscomplete to review a case.The government increased its efforts to provide anti-traffickingtraining to law enforcement officials: IACAT conducted 81training sessions for 3,000 government and NGO stakeholders,police trained 2,105 officers, including nearly half of theofficers working on women and children’s desks, and NGOsand foreign donors provided additional training to lawenforcement officers. Nevertheless, NGOs continue to reporta lack of understanding of trafficking and the country’s anti-trafficking legal framework among many judges, prosecutors,social service workers, and law enforcement officials – asignificant impediment to successful prosecutions. Prosecutorscontinue to have difficulty distinguishing labor traffickingcrimes from labor contract violations, which may be onereason more criminal forced labor cases are not filed.Law enforcement officials’ complicity in human traffickingremains a pervasive problem in the Philippines, and corruptionat all levels of government enables traffickers to prosper.Officials in government units and agencies assigned to enforcelaws against human trafficking reportedly permitted traffickingoffenders to conduct illegal activities, allowed traffickers toescape during raids, extorted bribes, and accepted paymentsor sexual services from establishments known for traffickingwomen and children. Allegations continued that police officersat times conducted indiscriminate or fake raids on commercialsex establishments to extort bribes from managers, clients, andwomen in the sex industry, sometimes threatening womenwith imprisonment for solicitation.During the last year, the government continued to take somesteps to identify and prosecute officials complicit in traffickingand it dismissed officials who may have facilitated traffickingfor administrative violations, but no public officials wereconvicted for trafficking or trafficking-related corruptionduring the reporting period. The DOJ filed criminal casesagainst 18 officials for trafficking-related offenses, but noneof the cases had been concluded as of the end of the reportingperiod. While the government began a partnership in 2009with three NGOs to jointly prosecute corrupt officials, andseveral investigations have resulted in this partnership, nocriminal cases have been filed under this program. Casesagainst six officials accused of trafficking-related corruptionwere dismissed during the year.ProtectionThe government increased its efforts to protect traffickingvictims during the year. In 2011, the government allocatedthe equivalent of approximately $577,000 to the Departmentof Social Welfare and Development (DSWD) to fund theRecovery and Reintegration Program for Trafficked Persons,which it began implementing in June 2011. Over 1,000victims received skills training, shelter, and legal assistanceunder this program, and almost half of those receivedfinancial assistance to seek employment or start their ownbusinesses. The DSWD continued to operate 42 temporaryshelters for victims of all types of abuse, and some victimscontinued to receive support through its residential andcommunity-based services. The government referred victimsto both government and private short- and long-term carefacilities and provided a small amount of funding to NGOsto provide victim care, although the government did notprovide reliable statistics for the total number of victimsidentified and assisted during the year. Government sheltersdid not detain victims against their will, although victimswho chose to reside in shelters were not permitted to leavethe premises unattended. Identification of adult traffickingvictims remained inadequate, which left victims vulnerableto being charged, fined, and imprisoned for vagrancy. Threechildren reportedly were detained by the government’s armedforces for alleged association with armed groups. No foreigntrafficking victims were identified during the year. IACAToperated an anti-trafficking hotline; during the year, the linereceived 68 trafficking-related calls leading to the identificationof 17 trafficking cases. The government encouraged victims toassist in the investigation and prosecution of their traffickers,but the government’s serious lack of victim and witnessprotection, exacerbated by a lengthy trial process and fear ofretaliation by traffickers, caused many victims to decline orwithdraw cooperation. The DOJ’s witness protection programassisted 18 victims, including nine children, during the year.However, this program lacked funding, and inadequate witnessprotection and shelter remained a significant deficiency in thegovernment’s response to victims’ need for protection andassistance. The DSWD conducted training for 552 governmentand non-governmental social workers on recovery andreintegration of victims, and IACAT, with support from aninternational organization, trained 3,000 police officers ontrafficking victim identification. Most local social welfareofficers, however, remain inadequately trained on how toproperly assist rescued trafficking victims, particularly childrenand victims of labor trafficking.In 2011, the government significantly increased itsbudget allocation to the Assistance-to-Nationals program,administered by the Department of Foreign Affairs (DFA), tothe equivalent of $9.86 million to assist Filipinos in situations
POLAND287of distress overseas, including trafficking. The DSWD and theDFA coordinated with NGOs in other countries to providetemporary shelter, counseling, and medical assistance to1,469 victims of trafficking and illegal recruitment abroad,largely in Malaysia, Lebanon, the United States, and Palau.From January to March 2012, the government repatriated andprovided shelter to 514 trafficking victims evacuated from Syria.The government continued to operate multi-agency Filipinoworkers resource centers overseas to assist Filipino migrantworkers in 21 countries with 20,000 or more Filipino workers.PreventionThe government demonstrated increased efforts to preventhuman trafficking during the reporting period. Seniorgovernment officials regularly spoke publicly about theimportance of combating human trafficking, and the IACATdeveloped and disseminated a three-hour television show ontrafficking awareness.The Philippine Overseas Employment Agency (POEA)conducted 1,539 pre-deployment orientation seminars and583 pre-employment seminars for over 100,000 prospectiveand outbound Filipino overseas workers. The POEA andthe Department of Labor and Employment (DOLE) alsoconducted seminars on recruitment and trafficking in thecountry, attended by local prosecutors, law enforcementpersonnel, local government units, NGOs, recruitmentagencies, and community members. The POEA distributednearly 100,000 pieces of printed material about trafficking andillegal recruitment and the community education programsof the Commission on Filipinos Overseas (CFO) reached over50,000 people. In 2011, POEA opened a community centerto offer legal assistance to trafficking victims in partnershipwith civil society representatives and a labor assistance centerto verify overseas workers’ documents before departure; thelatter identified 101 suspected victims and prevented themfrom departing for situations of suspected exploitation.In 2011, the government significantly increased the IACATSecretariat’s full-time staff from eight to 37; it also employed115 part-time staff members. In December 2011, thegovernment launched its National Strategic Plan of Actionagainst Trafficking in Persons 2011 – 2016. The governmentcontinued to operate its Overseas Passenger Assistance Center(OPAC) to screen passengers for signs of trafficking; in August2011, it opened a second OPAC in a region in which theseaports are known to be a departure point for many traffickingvictims. CFO assisted 40 adults working overseas in labor andemployment cases during the year, five of whom were identifiedas trafficking victims and referred to the DFA. CFO conductedanti-trafficking training sessions for 201 government, NGO,and community stakeholders.In October 2011, the government implemented a provision inits amended law on migrant workers and overseas Filipinos,banning deployment of Filipinos to 41 countries deemed tolack adequate legal protections for workers. The followingmonth, however, this list was recalled for further review. Atthe close of the reporting year, the deployment ban remainedsuspended pending the issuance of a new POEA resolution.During the year, the government signed a new MOU withJordan on the employment of Filipino domestic workers, andit reported ongoing negotiations for similar agreements withother noncompliant countries.In January 2012, the Bureau of Immigration beganimplementing the “New Guidelines on Departure Formalitiesfor International Bound Passengers in all Airports andSeaports” to screen for potential possible trafficking victims.This intensified effort to detect potential trafficking victimsand “off-load” them for interviews – in essence blocking theirtravel from the Philippines – raised concerns that Filipinos’right to travel out of the country might be unduly restricted.The guidelines were enacted to systematize the process andensure consistent norms were applied. From January – March2012, 66 potential victims were identified through this process.In 2011, the government canceled licenses of 153 recruitmentcompanies for violations of overseas employment laws,closed two unlicensed staffing agencies, and convicted fiveindividuals for illegal recruitment. As a result of 22 DOLE-led rescue operations, 125 children were rescued from thesex trade and six businesses accused of sex trafficking werepermanently closed. Despite significant local demand in thecountry’s thriving commercial sex industry, the government’sefforts to reduce the demand for commercial sex acts in thePhilippines were limited, as were the government’s efforts toaddress the demand for forced labor. Although the governmentacknowledges the problem of child sex tourism, it did notprosecute or convict any foreign pedophiles, instead deportingsuspects without pursuing criminal charges. The governmentprovided training, including a module on human trafficking,to Philippine troops prior to their deployment abroad oninternational peacekeeping missions.POLAND (Tier 1)Poland is a source, transit, and destination country for menand women subjected to conditions of forced labor and forwomen and children subjected to sex trafficking. Men andwomen from Poland are subjected to conditions of forced laborin the United Kingdom, Belgium, Scandinavian countries,and the Netherlands. Women and children from Poland aresubjected to sex trafficking within their country and alsoin Germany, Austria, the Netherlands, Italy, and Finland.Women and children from Ukraine, Bulgaria, Belarus, andRomania are trafficked for commercial sexual exploitationin Poland. In a more recently identified trend, women fromAfrica, including Djibouti, Democratic Republic of the Congo,and Cameroon, are subjected to forced prostitution in Poland.Roma persons are recruited from Romania for forced beggingin Poland. Poles are brought to the United Kingdom by anorganized crime group and subsequently coerced to commitcrimes, such as benefits fraud. There have been cases of Polishmen and women being fraudulently recruited to work or getmarried abroad and then forced or induced to traffic drugsby crime groups.The Government of Poland fully complies with the minimumstandards for the elimination of trafficking. The governmentsustained its funding of victim protection mechanisms inall areas of the country and it identified significantly morevictims compared to the previous year, though it continued toface challenges in identifying victims of labor trafficking. Thegovernment increased efforts to ensure that foreign victimswere repatriated in a safe and responsible way, and it developedplans to offer monetary assistance to certain foreign victims.In one case, the government continued to prosecute identified
288POLANDvictims of trafficking. A significant portion of convictedtrafficking offenders were not sentenced to time in prison..P E B ERecommendations for Poland: Fully implement thestandard operating procedures for victim identification andadapt the referral mechanism to better identify victims oflabor trafficking; ensure that all first-responders, includingpolice, labor inspectors, and border guards, receive adequatetraining to identify and refer potential victims to care inaccordance with standard operating procedures; ensure thatborder guards have a clear mandate to investigate potentialtrafficking cases; ensure that identified victims of traffickingare not penalized for acts committed as a direct result of beingtrafficked; take steps to ensure that the government’s reflectionperiod is offered to all victims, and that victims are notdeported for initially refusing to be interviewed; take stepsto ensure that a majority of trafficking offenders serve timein prison; continue to increase the shelter system’s capacityto assist victims, including men and children; continuetrafficking training for both prosecutors and judges; conductadditional awareness campaigns to reduce the demand forcommercial sex acts; and incorporate the victim compensationprocess into criminal proceedings.ProsecutionThe Government of Poland improved its anti-trafficking lawenforcement efforts in 2011. Poland defines and prohibits allforms of trafficking in persons through several articles of itscriminal code, amended in 2010, including articles 115.22,115.23, 189a, 203, and 204.3. Prescribed punishments underthese statutes range from one to 15 years’ imprisonment;these sentences are sufficiently stringent and commensuratewith those prescribed for other serious crimes, such as rape.In January 2011, the government transferred the CentralAnti-Trafficking Unit of the Polish National Police to theCentral Bureau of Investigation to facilitate coordinationand supervision of trafficking cases in all 17 regional policeanti-trafficking units. Although the prosecutor’s office did nothave a specialized anti-trafficking unit, an anti-traffickingconsultant was assigned to advise prosecutors responsiblefor trafficking cases.In 2011, Polish police conducted 37 new investigationsinvolving 471 total human trafficking offenses, in contrast to48 investigations involving 95 total offenses in 2010. Accordingto data reported by the government, it prosecuted 17 suspectedtrafficking offenders and convicted 28 trafficking offenders,which compares to 77 prosecutions and 28 convictions underthe former trafficking law in 2010. In collecting data, onlysentences issued after appeals are considered final. In 2010, themost recent year for which post-appeal sentences were available,the government convicted 60 trafficking offenders whoreceived sentences ranging from two months’ to five to eightyears’ imprisonment. As in 2009, roughly half of convictedoffenders received suspended sentences and about one in fiveconvicted offenders received sentences of at least two years.During 2011, the government did not report the investigation,prosecution, conviction, or sentencing of any public officialscomplicit in human trafficking. Polish authorities collaboratedon human trafficking investigations with foreign counterparts,including those of Germany and the United Kingdom. Thegovernment opened an investigation of the alleged forced laborof two South Asian women working as domestic servants inthe house of a diplomat from a Middle Eastern country, butthe case was dropped due to a lack of evidence.During the year, the government provided anti-traffickinginvestigative and prosecutorial training to judges, laborinspectors, border guards, and police. For example, theNational School for Judges and Prosecutors organized a seriesof training sessions in multiple cities on legal and criminalaspects of human trafficking for 550 judges and prosecutors.The government continued administering a four-level trainingprogram on human trafficking for border guard officers; in2011, approximately one-third of the 15,000 officers took thebasic-level three-hour training. The national police continuedimplementation of an extensive 40-hour specialist training onhuman trafficking by organizing three editions of the trainingin police academies around the country; between 2009 and2011, a total of 229 federal, provincial, and municipal policeofficers attended the training. In August and November, theNational Labor Inspectorate conducted training for 83 laborinspectors, which focused on trafficking in persons.ProtectionThe Government of Poland increased its anti-traffickingvictim protection efforts in 2011, identifying significantlymore victims. The police identified 304 victims of traffickingthrough investigations in 2011, a significant increase fromthe 85 victims identified in 2010. According to the nationalpolice Central Anti-Trafficking Unit, police officers andborder guards were well trained in identifying potential sextrafficking victims, though they appeared to lack expertisein identifying forced labor victims. Additionally, the borderguard forces’ primary tasks, as defined in the law, did notinclude investigating human trafficking; therefore, borderguards could only investigate human trafficking cases thatinvolve other offenses, such as immigration violations orpossession of false documents. Labor inspectors had theauthority to verify the legality of foreign worker employmentand to refer suspected trafficking cases to law enforcement forinvestigation. While there were no new reports of traffickingvictims inappropriately detained or charged by authoritiesin 2011, the OSCE reported that a Polish court refused torecognize three Azerbaijani workers initially identified in2010 as trafficking victims and prosecuted them as membersof an organized crime group, despite evidence that the victims’salaries were withheld and their families were threatened.In 2011, the government sustained previous funding forvictim assistance, allocating the equivalent of approximately$250,000 for victim assistance. The government continued tofund the NGO-run National Intervention-Consultation Centerfor Victims of Trafficking to provide assistance to foreign andPolish victims of trafficking. The center provided assistanceto 133 victims in 2011, down from 253 in 2010. The centerhosted an anti-trafficking hotline, provided victims withcomprehensive assistance resources, and offered a shelter foradult female trafficking victims. Government-funded NGOsprovided medical and psychological care, legal assistance,protective services, food, clothing, and crisis intervention.The government designated and partially funded 19 other
PORTUGAL289crisis centers with capacity for 123 persons across the countryas shelters for trafficking victims. There were no sheltersdesignated specifically for male trafficking victims, althoughthe government housed male victims of trafficking togetherwith females in crisis centers, with supervision from anti-trafficking NGOs. Adult victims of trafficking were allowed toleave the shelters unchaperoned and at will. The Ministry ofLabor and Social Policy organized and funded four trainingsessions for a total of 116 social workers on the traffickingsituation in Poland, the anti-trafficking legal framework,models of assistance, and identification of victims. The nationalpolice and the border guard developed an updated version ofthe referral standard operating procedures that includes anidentification tool for all types of trafficking, with particularemphasis on forced labor, which will be adopted once therevised law on foreigners is passed.Foreign victims of trafficking, whether third country nationalsor EU citizens, were entitled to receive the same socialwelfare benefits provided to Polish citizens, including crisisintervention assistance, shelter, food, clothing, and a livingallowance. Under the Law on Aliens, the government offeredforeign victims a three-month reflection period during whichforeign victims can stay legally in Poland to deliberate whetherto cooperate with the criminal process. In 2011, two foreigntrafficking victims accepted the reflection period, up fromnone in 2010, yet both decided not to testify; internationalorganizations raised concerns that foreign victims whodeclined to participate in law enforcement investigationswere not classified as trafficking victims or offered thereflection period and attendant services. In October 2011,the government signed an agreement with IOM to ensure thatassistance is provided to foreign trafficking victims which isnot dependent on cooperation with law enforcement. Theagreement also provides for a risk-assessment for each victimto confirm that the person will be safe upon return to thehome country. The government’s witness protection programprovided victims with shelter, food, clothing, transportation,and medical and psychological care; in 2011, the governmentenrolled 25 victims in the program, 20 of whom cooperatedwith law enforcement, compared to 34 victims in 2010, allof whom cooperated with law enforcement. The governmentencouraged victims to participate in criminal proceedings,including through the use of videoconference technology tosecure testimony from victims no longer in Poland. Victimsmay file civil suits against traffickers; however, the UNSpecial Rapporteur expressed concern that prosecutors do notadequately incorporate compensation or restitution optionsinto criminal proceedings.PreventionThe government sustained its strong anti-trafficking preventionefforts during the reporting period. The Ministry of Interiorpursued partnerships with NGOs to educate schoolchildren ontrafficking, providing leaflets and workshops for 493 teachersfrom five regions to discuss human trafficking with theirstudents. The Ministry of Labor and Social Policy providedguidance to potential Polish emigrants on the dangers ofhuman trafficking through a guidebook that was distributedthrough job centers and the Internet. The government alsoestablished a hotline and equipped operators with a handbook.The Ministry of Labor continued to operate a website with achat room where experts answered questions and gave adviceon how to determine the legitimacy of job offers. Experts alsoadvised prospective job seekers on available legal assistancein the case of labor exploitation or breach of contract. Borderguard officers continued to distribute leaflets in English,Russian, Bulgarian, Vietnamese, and Romanian to informpotential victims of trafficking about how to find assistancein Poland. The government organized its anti-traffickingactivities through its inter-ministerial anti-trafficking team,which in June 2011 approved the fifth National Action Plan forCombating and Preventing Human Trafficking for 2011-2012.While the government did not have an independent nationalrapporteur on trafficking, the Ministry of the Interior willpublish a comprehensive governmental report on traffickingthat will cover the years 2009-2011 in 2012, and according tothe new national action plan will publish a report annuallythereafter. In September, the Szczecin provincial policehosted a training workshop for police officers from Poland,Belarus, and Ukraine to improve cooperation between thethree countries in combating human trafficking and bettertreatment of victims. In November, the Ministry of the Interiorhosted an international seminar for EU member states, EUneighbor countries, international organizations, and NGOs onbest practices in combating and preventing human trafficking.The government did not conduct a specific campaign to reducethe demand for commercial sex acts targeted at potential clientsof prostitution, nor did it organize any programs to reduceany participation of Polish nationals in child sex tourism.PORTUGAL (Tier 2)Portugal is a destination, transit, and source country for women,men, and children subjected to sex trafficking and forced labor.Trafficking victims found in Portugal originate in Brazil,Eastern Europe, and Africa. According to the government, anincreasing number of underage Portuguese girls are subjectedto forced prostitution within the country. Men from EasternEuropean countries and Brazil are subjected to forced labor inagriculture, construction, hotels, and restaurants. Portuguesemen and women are subjected to forced labor or forcedprostitution after migrating to other destinations in Europe.Children from Eastern Europe, including Roma, are subjectedto forced begging, sometimes by their families. Over half ofthe trafficking victims certified by the government in 2011were male.The Government of Portugal 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 took important steps to improve its capacityto proactively identify trafficking victims and conductedmultiple anti-trafficking awareness programs. However it didnot provide evidence that the majority of convicted traffickingoffenders received prison sentences or were held accountableduring the reporting period. In 2010, the government reportedat least three convictions under its anti-trafficking law forthe trafficking offense of pimping children. Preliminaryreports indicate that the government achieved at least sevenconvictions for sex trafficking. The government includes dataon non-coercive activities in statistics on its anti-traffickingprosecution efforts. As a result, the number of convictionsreported by the government significantly outnumbers thenumber of identified victims, making law enforcement datacollection efforts difficult to assess. Relative to other countriesin the region, the Portuguese government reported a lownumber of certified trafficking victims.
290PORTUGALP E B ERecommendations for Portugal: Improve the integrity oflaw enforcement data to reflect clearly those offenses thatconstitute human trafficking as defined by the 2000 UN TIPProtocol; provide data that proves Portugal vigorouslyprosecutes and convicts trafficking offenders, sentencing themto punishment that reflects the gravity of their crimes; considerthe use of a case-based approach to document forcedprostitution and forced labor cases and other trafficking-specific law enforcement efforts; consider raising the mandatoryminimum sentence under Article 160 to ensure that convictedtraffickers are held accountable and do not receive suspendedsentences; continue to improve outreach to locate morepotential trafficking victims in Portugal and explore moreholistic, victim-centered methods of identification; developspecialized assistance and shelter for trafficked children andmen; expand shelter capacity to provide comprehensiveassistance to victims throughout Portugal; involve NGOs inefforts to stabilize potential victims in a post-raid environmentand ensure trafficking victims are referred for care andassistance that allows them sufficient time to recover fromtheir trafficking experiences; ensure adequate funding forNGOs providing critical assistance to victims; and undertakea comprehensive national awareness program to educategovernment officials, front-line responders, and the publicabout all forms of trafficking in Portugal.ProsecutionBecause the law defines “trafficking in persons” in an overly-broad fashion to include lesser crimes and the courts suspendsentences of five years or less, it is difficult to assess the extent towhich the Government of Portugal prosecuted, convicted, andsentenced trafficking offenders during the reporting period.Portugal prohibits both forced labor and forced prostitutionthrough Article 160 of its penal code, which prescribespenalties of three to 12 years’ imprisonment – penaltiessufficiently stringent and commensurate with those for otherserious crimes, such as rape. However, Article 160 includesan overly broad definition of trafficking that encompassesexploitative, non-coerced activity, resulting in governmenttrafficking data that likely includes charges under pimping andpandering statutes as well as low-level labor violations. In 2010,the most recent year for which compiled data was available,the government reportedly initiated 28 new investigationsand prosecuted 138 new cases under Article 160 which mayhave included human trafficking. The government reportedthat 97 of these cases resulted in convictions, but could onlyconfirm that three of these were human trafficking cases underthe “pimping children” provision (of Article 160) and thatall three convictions resulted in a prison sentence. Althoughthe government did not provide specific sentencing data forthese convictions, under Portugal’s penal code, courts arenot allowed to impose physical incarceration as punishmentwhen a sentence involves less than five years’ imprisonment.Accordingly, the three persons convicted of pimping childrenlikely were sentenced to more than five years’ imprisonment.Reports indicate that the government may have also convictedat least seven sex trafficking offenders, but this could notbe confirmed. By comparison, in 2009, the Portuguesegovernment reported that it prosecuted 179 defendants whohad been indicated under Article 160 and confirmed thateight of those 179 suspects were convicted of crimes thatinvolved coerced prostitution of adults and sex trafficking ofchildren, seven of whom were sentenced to an average of 12years’ imprisonment.Because of the paucity of data provided for the reportingperiod, it is presumed that the government did not vigorouslyprosecute, convict, or sentence trafficking-specific offendersduring the year. The government advised that the closed natureof the judicial system and strict privacy laws made it difficultto provide accurate and reliable statistics about governmentefforts to prosecute crimes that explicitly involve coercedprostitution and forced labor.Pursuant to a memorandum of understanding signed inJanuary 2012 between the government’s Observatory onTrafficking in Human Beings (OSTH) and Portugal’s justicesector, the OSTH is attempting to improve the quality of thedata it receives on traffickers arrested by law enforcementofficials and to better monitor the progress of accusedtraffickers through the criminal justice system.The government reported it continued its investigation of12 suspected traffickers stemming from the February 2011Operation Roadblock, through which 30 sex traffickingvictims were discovered. Because of the closed nature of itsjudicial system, the government could not confirm whetherthe 12 suspects were undergoing prosecution. Consistentwith Portuguese legal practice, the government did notprovide evidence that it had provided the victims in the casewith care in conjunction with the government’s continuinginvestigation. During the reporting year, the parliamentpassed a law criminalizing the use of the labor of traffickingand smuggling victims. The new law makes it easier toprosecute employers who cooperate with labor traffickersand provides criminal penalties of up to 10 years in prisonfor such offenses. During the reporting period, Portugalestablished additional specialized training programs toimprove law enforcement efforts in the field of anti-trafficking.For example, in October 2011, during the European Day againstTrafficking in Human Beings, government officials, includingthe secretary of state for parliamentary affairs and equality,held a special anti-trafficking training event in the city ofCoimbra. The government also convened an anti-traffickingcolloquium for law enforcement agencies responsible for anti-trafficking efforts. The government reported that there were noprosecutions or convictions of officials for trafficking-relatedcomplicity in 2011.ProtectionThe Government of Portugal took some steps to improve itscapacity to identify trafficking victims during the reportingperiod. In July 2011, the government began disseminating a“trafficking indicator card” to assist law enforcement officialsin detecting trafficking victims. The government reportedthat it continued to employ standardized procedures foridentifying trafficking victims. It certified 23 official traffickingvictims in 2011 out of 71 potential victims flagged by itsdatabase, compared to 22 officially certified victims out of86 potential victims in 2010, an increase of one. However,
QATAR291half of these victims were identified through referrals fromSpanish counterparts rather than by Portuguese authorities.Under the government’s identification system, law enforcementagencies and NGOs are required to submit form reports ofsuspected victims to a central government observatory; thisform is then reviewed by the judicial police or the nationalcoordinator to verify a victim’s status. The government doesnot officially finalize victim status. A victim’s status maychange if, during the course of an investigation, it is establishedthat the status was determined incorrectly. In an effort to betransparent, the government adjusted the number of certifiedvictims in 2010 from 21 to 16, but did not specify the reasonsfor the reduction. Nevertheless, the government offered allpotential and identified victims assistance early in the process,regardless of an ultimate determination of certification of thevictim’s status.The government continued to subsidize an NGO shelter andprovided the equivalent of $136,560 towards the operationof the shelter. Authorities referred four victims to the shelterfor care in 2011, the same number they referred in 2010. Thegovernment did not provide information on the level ofassistance provided to the other nineteen certified victims in2011 or the other 48 potential trafficking victims identified bythe government’s database. A total of 11 trafficking victimsstayed at the shelter during the reporting period. Victimswere permitted to leave the shelter after undergoing a securityassessment by shelter staff. Local experts noted that theshelter was the only designated shelter for trafficking victims.The government did not provide evidence that it providedany financial assistance to other NGOs assisting victims inPortugal or information on whether other NGOs assistedany trafficking victims in 2011. The government reportedlyencouraged victims to participate in the investigation andprosecution of trafficking offenders, but did not provide furtherdetails on the extent of their cooperation. The governmentreported that all identified victims are permitted a 30- to60-day reflection period to decide whether they wished toparticipate in a criminal investigation. The governmentprovided foreign victims of trafficking with short-term legalalternatives to their removal from the country. Victims whocooperate with law enforcement authorities are eligible for aone-year residency permit, which can be renewed. Traffickingvictims can be eligible to obtain permanent residency inPortugal under Article 109 of Immigration Law No. 23 of July 4,2007 and Decree-Law 368 of November 5, 2007. The number ofresidence permits granted by the government declined in 2011;three such permits were granted to trafficking victims in 2011,compared to 10 permits in 2010. The government reported thatpolice made proactive efforts to identify sex trafficking victimswithin the legal prostitution sector. However, it is not knownwhat happened to those victims who were not so identified.PreventionThe Government of Portugal made appreciable efforts toimprove its prevention of trafficking during the year. Itproduced and sponsored public service announcements raisingawareness about human trafficking on a major televisionnetwork. The government also provided pamphlets andposters about human trafficking to its embassies around theworld. Portugal’s Commission for Citizenship and GenderEquality was charged with coordinating the government’santi-trafficking efforts. During the reporting period, the OSTHlaunched a Facebook page to promote public awareness ofhuman trafficking and sponsored an exhibition on humantrafficking that is currently making its way through majorPortuguese municipalities in conjunction with conferencesaimed at the local population and students. Portugal has anaction plan to combat trafficking that is valid through 2013.During the reporting period, the government maintaineda website about its anti-trafficking efforts. The governmentproduced a monitoring report of its anti-trafficking efforts inSeptember. The government’s existing hotline for immigrantsis not specifically designed for trafficking victims. Localexperts believed the cost of using the hotline and variousnumbers associated with it contributed to lack of use bypotential trafficking victims. The government did not reportany efforts to reduce the demand for commercial sex acts. Thegovernment did not report any efforts to reduce participationin international child sex tourism by Portuguese nationals.During the reporting year, the minister of interior announceda proposal to develop a pilot project to establish a systemfor tracking trafficking cases in the European Union incooperation with other EU countries. The government providedanti-trafficking awareness training to troops before theirdeployment abroad on international peacekeeping missions.Portugal continued its bilateral cooperation with Brazilby developing an anti-trafficking campaign for potentialtrafficking victims in Brazil. The government continued totake a leading role in assisting other Lusophone countries,including Cape Verde, Sao Tome and Principe, Guinea-Bissau,and Brazil, in implementing the UN-promoted anti-traffickingcampaign “You’re not for sale.”QATAR (Tier 2)Qatar is a destination country for men and women subjectedto forced labor and, to a lesser extent, forced prostitution. Menand women from Nepal, India, Pakistan, Bangladesh, thePhilippines, Indonesia, Vietnam, Sri Lanka, Ethiopia, Sudan,Thailand, Egypt, Syria, Jordan, and China voluntarily migrateto Qatar as low-skilled laborers and domestic servants, butsome subsequently face conditions of involuntary servitude.These conditions include threats of serious physical or financialharm; withholding of pay; charging workers for benefits forwhich the employer is responsible; restrictions on freedomof movement, including the confiscation of passports, traveldocuments, and the withholding of exit permits; arbitrarydetention; threats of legal action and deportation; threats offiling false charges against the worker; and physical, mental,and sexual abuse. In some cases, arriving migrant workershave found that the terms of employment in Qatar aredifferent from those they agreed to in their home countries;businesses and individuals in Qatar reportedly promisedmigrants employment opportunities that never materialized.Many migrant workers arriving for work in Qatar have paidexorbitant fees to recruiters in their home countries – a practicethat makes workers highly vulnerable to forced labor once inQatar. In limited cases, Qatar is also a destination for womenwho migrate for legitimate purposes and subsequently becomeinvolved in prostitution, but the extent to which these womenare subjected to forced prostitution is unknown. Some ofthese victims may be runaway domestic workers who havefallen prey to forced prostitution by individuals who exploittheir illegal status.The Government of Qatar does not fully comply with theminimum standards for the elimination of trafficking, butis making significant efforts to do so. The government
292QATARdemonstrated evidence of increasing efforts to addresshuman trafficking over the year, particularly through thepassage of an anti-trafficking law that prohibits all formsof trafficking and prescribes sufficiently stringent penalties,as well as improved identification of trafficking victims.Furthermore, in late 2010, the Qatari government launchedits “National Plan for Combating Human Trafficking for2010-2015,” which the government continues to implementwith a budgetary commitment the equivalent to $6,487,195in 2011. The Qatari government also improved its protectionmeasures to proactively identify victims of trafficking throughimplementation of a national referral mechanism. Nonetheless,the government has yet to demonstrate increased action toinvestigate, prosecute, and punish trafficking offenders forforced labor and forced prostitution.E B ERecommendations for Qatar: Implement the new anti-trafficking legislation by increasing efforts to investigate,prosecute, convict, and punish trafficking offenses under thelaw; collect, disaggregate, analyze, and disseminate counter-trafficking law enforcement data; institute and consistentlyapply formal procedures to identify victims of traffickingamong vulnerable groups, such as those arrested forimmigration violations or prostitution; enforce the sponsorshiplaw’s criminalization of passport-withholding and mandateemployees receive residence cards within one week as a meansof preventing trafficking abuses; abolish or significantly amendprovisions of Qatar’s sponsorship law to prevent the forcedlabor of migrant workers or implement other provisions thatmake up for the law’s shortcomings; and continueimplementation of the “National Plan for Combating HumanTrafficking for 2010-2015.”ProsecutionThe Government of Qatar made significant efforts to combatits human trafficking problem over the year. In October 2011,the government approved a comprehensive anti-traffickinglaw, Law No. 15, which prohibits all forms of trafficking andprescribes penalties of no more than seven years’ imprisonmentand up to the equivalent of $82,000 in fines, with prescribedpenalties of no more than 15 years’ imprisonment underaggravating circumstances. These penalties are sufficientlystringent and commensurate with other serious crimes, suchas kidnapping. Despite the passage of the new anti-traffickinglaw in 2011 and existing laws that could be used to punishtrafficking offenders, the government did not report anyclear efforts to investigate, prosecute, or punish traffickingoffenses during the reporting period. Qatar also prohibitsemployers’ withholding of workers’ passports under the 2009Sponsorship Law, though the law was not rigorously enforcedduring the reporting period. According to Qatar University’sSocial and Economic Survey Research Institute, a June 2011study found that 91 percent of expatriate workers surrenderedtheir passports to employers. During the reporting period, theQatar Foundation to Combat Human Trafficking (QFCHT)– Qatar’s national coordinating body for anti-traffickingactivities – along with the Ministries of Interior and Justice,conducted a variety of anti-trafficking trainings targetinglaw enforcement personnel. The government did not reportany investigations, prosecutions, convictions, or sentences ofgovernment personnel for complicity in trafficking offenses.ProtectionThe Qatari government made progress in protecting victims oftrafficking during the reporting period. Government personnelintroduced systematic procedures to proactively identifyvictims of trafficking among vulnerable populations, such asforeign workers. The government acknowledged the existenceof a labor trafficking problem in the country, yet some officialsdo not equate involuntary labor exploitation with humantrafficking. Under provisions of Qatar’s sponsorship law,sponsors have the unilateral power to cancel workers’ residencypermits, deny workers’ ability to change employers, report aworker as a runaway to police authorities, and deny workerspermission to leave the country. As a result, sponsors mayrestrict workers’ movements and workers may be afraid toreport abuses or claim their rights, which contribute to theirforced labor situation. In addition, domestic servants areparticularly vulnerable to trafficking since they are isolatedinside homes and are not covered under the provisions ofthe labor law. Victims of trafficking were often punishedfor unlawful acts they committed as a direct result of beingtrafficked; specifically, Qatari authorities regularly arrested,detained, and deported potential trafficking victims forimmigration violations and running away from their employersor sponsors, though Ministry of Interior officials interviewedall those sent to the deportation center and are required todetermine whether the workers were victims of traffickingand offer them protection. Victims occasionally languished indetention centers for up to six months when their employersfailed to return their passports, failed to purchase them aplane ticket to their country of origin, or filed false chargesof theft against them; the costs of legal representation underthese circumstances are borne by the worker, but are oftenwaived due to inability to pay.During the reporting period, the QFCHT, in coordinationwith the Ministry of Public Health, conducted a workshopfor medical staff and social workers on identifying humantrafficking victims among the patients they serve. The QFCHTalso distributed a manual to law enforcement, immigrationauthorities, and social service providers on how to proactivelyidentify victims of trafficking. Additionally, in 2011, thegovernment established a national victim referral system tocoordinate victim identification and referral efforts betweengovernment authorities and non-government organizations;however, it is unclear how effective this newly-establishedsystem was at the end of the reporting period. The government’strafficking shelter, operated by the QFCHT, reported assisting451 migrant workers and 33 victims of trafficking in 2011;government officials, including police, public prosecutors,and other government ministry officials, referred 51 of thesecases to the QFCHT. Unlike previous years, trafficking victimswere able to access the shelter even if their employers hadfiled charges against them. Victims have the right to leave theshelter without supervision. While migrant workers identifiedas trafficking victims could receive legal assistance fromshelter authorities, some employers and sponsors threatenedvictims in an attempt to keep them from seeking legal redress.The 500,000 foreign workers in domestic service in Qatarremained unprotected by Qatari labor law, and therefore faced
ROMANIA293difficulties seeking legal redress for abuses through civil courtaction. Civil suits could only be filed for a sponsor’s failure tomeet his/her financial obligations to the domestic worker; inpractice, civil suits were rare, but have increased in number.The Qatari government sometimes offered temporary relieffrom deportation to enable identified victims to testify aswitnesses against their employers, though it did not offer mostforeign trafficking victims legal alternatives to their removalto countries where they may face retribution or hardship.PreventionQatar made limited progress in preventing trafficking in personsduring the reporting period. The government did not reformQatar’s migrant worker sponsorship law, which contributesto conditions of forced labor in the country by allowingsponsors to restrict workers’ movements. The governmentreported that it routinely inspected and monitored recruitmentcompanies and actively sought to punish companies that werefound making fraudulent offers or imposing exorbitant feesin selling visas. In October 2011, the government reportedconvicting and fining a sponsor the equivalent of $220,000on multiple counts of visa-selling, which is prohibited underQatari immigration law with punishment up to three years’imprisonment or fines equivalent to $13,736 per violation.The government did not, however, systematically investigatecompanies to prevent passport withholding, exacerbatingmigrants’ vulnerability to trafficking; employers often madetheir employees sign waivers allowing them to hold passports.Although the sponsorship law requires an employer to secure aresidence card for laborers within seven days, reports indicatedthat this sometimes does not happen; this restricts migrantworkers’ mobility and impedes their ability to access healthcare or lodge complaints at the labor department. In an effortto reduce the demand for commercial sex acts and preventchild sex tourism of Qataris traveling abroad, the governmentpublicly called for adherence with Islamic principles in aneffort to reduce the demand for commercial sex acts.ROMANIA (Tier 2)Romania is a source, transit, and destination country for men,women, and children subjected to forced labor and women andchildren subjected to sex trafficking. Romanians represent asignificant source of trafficking victims in Europe. Romanianmen, women, and children are subjected to forced labor inagriculture, domestic service, hotels, and manufacturing,as well as forced begging and theft in European countries,including Spain, Italy, the Czech Republic, Denmark, Greece,Germany, Cyprus, France, Norway, Lithuania, the UnitedKingdom, Poland, Slovenia, Switzerland, and Austria. Men,women, and children from Romania are victims of forcedprostitution in European countries, including Germany, France,Cyprus, Spain, Hungary, Malta, Switzerland, Sweden, Greece,Finland, and Belgium. Children likely represent at least one-third of Romanian trafficking victims. Traffickers recruiting andexploiting Romanian citizens were overwhelmingly Romanianthemselves, typically seeking victims from the same ethnicgroup or within their own families. Frequently, traffickersfirst exploited victims within Romania before transportingthem abroad for forced prostitution or labor. The Romaniangovernment reported increasing sophistication amongstRomanian criminal groups, including the transportation ofvictims to different countries in Europe in order to test lawenforcement weaknesses in each. Romania is a destinationcountry for a small number of foreign trafficking victims,including sex trafficking victims from Moldova and labortrafficking victims from Bangladesh and Serbia. Romanian girlsand boys, particularly those whose parents work abroad, arevulnerable to sex trafficking throughout Romania. Romanianchildren without proper identification documents are especiallyvulnerable to trafficking.The Government of Romania does not fully comply with theminimum standards for the elimination of trafficking; however,it is making significant efforts to do so. The governmentmade strong prosecution efforts during the reporting period:the number of anti-trafficking prosecutions pursued wasamongst the highest in Europe, and built on partnerships withgovernments in destination countries to increase accountabilityfor trafficking offenders. The government also conductedcreative anti-trafficking prevention efforts to sensitize thepopulation to trafficking in persons. Nevertheless, servicesavailable to trafficking victims were very weak. For a thirdconsecutive year, the government provided no funding to anti-trafficking NGOs, imperiling civil society victim protection.The care offered by the government was often minimal, failingto provide specialized attention to meet victims’ needs andreduce their chances of re-victimization. NGOs objected thatgovernment-run shelters were overly restrictive on autonomy.The poor state of victim care in Romania put the vulnerablepopulation at high risk for re-trafficking.E B ERecommendations for Romania: Restore governmentfunding for trafficking victim assistance programs, includinggrants for NGOs providing service to victims; improve thequality of victim services, ensuring that psychological care,rehabilitation, and other victim assistance provides substantivecare; construct a trafficking specific shelter for repatriatedvictims in Bucharest; remove non-security related restrictionson victims’ movement while housed in government-fundedshelters; encourage male trafficking victims to use assistanceto prevent further exploitation; adopt stronger measures forthe long-term rehabilitation of child victims who are vulnerableto re-trafficking; ensure that reintegration and rehabilitationof child victims addresses any parental involvement in theoriginal trafficking of the child; improve the reporting of dataon trafficking crimes prosecuted under Law No. 678/2001 andother relevant laws by disaggregating sex and labor traffickingoffenses; explore ways to improve asset confiscation and victimcompensation; vigorously investigate and prosecute acts oftrafficking-related complicity allegedly committed bygovernment officials, and punish officials convicted of suchcrimes with prison sentences; consider specialized trainingfor labor inspectors in identifying trafficking cases; demonstrateefforts to investigate and punish acts of labor trafficking andefforts to assist victims of labor trafficking; ensure protectionof trafficking victims during trial by making sustainable plansand funding for victims’ appearances in pretrial hearings andtravel to trial; reduce delays in trials; improve efforts to identifypotential victims among vulnerable populations, such as
294ROMANIAundocumented migrants, foreign workers, Roma, and childreninvolved in begging or prostitution; consider offering foreigntrafficking victims the right to work during the duration oftheir temporary residence permits; and continue to providevictim sensitivity training for judges.ProsecutionThe Romanian government improved its law enforcementefforts during the reporting period, conducting a high numberof prosecutions and establishing close working relationshipswith law enforcement authorities in destination countries.Romania prohibits all forms of trafficking in persons throughLaw No. 678/2001, which prescribes penalties of three to 15years’ imprisonment. These penalties are sufficiently stringentand commensurate with penalties prescribed for other seriouscrimes such as rape. In 2011, Romanian authorities investigated897 human trafficking cases, in contrast to 717 cases investigatedin 2010. The government prosecuted 480 and convicted 276trafficking offenders in 2011, compared with 407 offendersprosecuted and 203 convicted in 2010. The government lacksstatistics distinguishing sex from labor trafficking, thoughit indicated that at least 77 of the investigations involvedforced child labor and 396 cases involved sex trafficking. Thegovernment reported that approximately two thirds of convictedtrafficking offenders – 192 out of 276 – were sentenced to timein prison, receiving terms ranging between one and 15 years.Romanian law enforcement authorities included specializedanti-trafficking investigators and prosecutors in the organizedcrime section. NGOs praised these specialist agencies forsensitive treatment of trafficking victims. The governmentgave specialized training to investigators in anti-trafficking lawenforcement techniques and proper treatment of traffickingvictims. During the year, Romanian officials pursued jointtrafficking investigations in partnership with counterpartsin many European countries, including Belgium, France,and Germany. Romanian authorities reported a particularlyclose working relationship with prosecution counterparts inBelgium. The rate of prosecutions and convictions of traffickingoffenses was very high for a European source country;Romanian law enforcement officials successfully collaboratedwith governments in destination countries to ensure thatoffenders from entire criminal networks were prosecuted. Thegovernment reported investigating two government employeesfor potential human trafficking crimes, but did not otherwisereport prosecuting, convicting, or sentencing governmentemployees for trafficking-related complicity.ProtectionThe Government of Romania demonstrated weak efforts toprotect and assist victims of trafficking during the reportingperiod. For a third consecutive year, the government failed toprovide funding to NGOs providing victim protection services.The continued lack of funding has led several trafficking-specialized NGOs to shut down and cease providing servicesto victims. Although some services are available throughthe government, this trend has threatened a real loss of anti-trafficking expertise and quality victim care in Romania.Several trafficking shelters closed; other NGOs had to severelyrestrict their provision of services to victims. Nevertheless,the government’s victim identification rate remained high.The government reported the identification of 1,043 victimsin 2011, compared with 1,154 victims identified in 2010. Ofthose identified, 417 were referred to public institutions forvictim assistance; in 2010, 451 victims of trafficking receivedgovernment-funded services. One hundred and twenty-threetrafficking victims received government-funded shelter in 2011,of which 36 were housed in trafficking-specific shelters and87 were housed in shelters for domestic violence or homelessshelters. NGOs reported that government shelters restrictedtrafficking victims’ autonomy and freedom of movement. Thegovernment did not provide access to trafficking shelters foradult male victims of trafficking, though nine men were housedin non-trafficking shelters. Other trafficking victims receivedmedical help, financial assistance, vocational assistance, orpsychological help. NGOs questioned the quality of theseservices; at times, psychological assistance consisted of asingle visit to a counselor, rather than meaningful care.Similarly, rehabilitation of child victims highly vulnerableto re-trafficking sometimes consisted of only one or two visitsby social workers. The government continued to operate itsnational identification and referral mechanism, which providedformal procedures for referrals between law enforcement andother institutions. Labor inspectors were reportedly not welltrained to identify trafficking victims.Romanian trafficking victims participated in criminalprosecutions at a high rate; in 2011, 882 victims participatedas an injured party in a trial, while 123 victims testified. Whilethe law provides for witness protection during a trial, NGOsnoted that pretrial witness protection was sometimes ineffective,as victims were required to travel to the courthouse unescorted.NGOs did not report the punishment of any trafficking victimsfor unlawful acts compelled as a result of their traffickingexperiences. Foreign victims were permitted a 90-day reflectionperiod to remain in the country. One victim applied for and wasgranted a reflection period and a temporary residence permitto remain in the country until completion of law enforcementinvestigations and prosecutions. Third-country national victimsof trafficking granted residence permits are not permitted towork in Romania during the time of their residence permit.PreventionThe Government of Romania continued to improve its anti-trafficking prevention efforts during the reporting period,employing creative methods to ensure anti-trafficking messagesreached vulnerable populations. The government coordinatedits anti-trafficking efforts through a section of the Ministryof Interior; its activities included overseeing preventionand protection efforts and publishing a quarterly report onRomania’s anti-trafficking efforts. The Romanian government’santi-trafficking reporting was of high quality and contributedto an environment of transparency in anti-trafficking efforts.The government conducted four national campaigns andtwenty-five local or regional campaigns encouraging bothpotential trafficking victims and the general public todiscuss trafficking in persons. These campaigns included apartnership with a music band integrating anti-traffickingmessages into concerts reaching a total of more than 1,000spectators, television broadcasts, and messages displayedin public transportation. These campaigns were designedto address the specific form of exploitation most commonin the targeted area and were implemented in coordinationbetween many different governmental entities and NGOs.The government also conducted anti-trafficking outreach tosecondary schools and universities. The Romanian governmentstrengthened its partnerships with other EU member states toaddress trafficking in persons, including establishing a bilateralworking group with Switzerland on trafficking in persons.The government did not report specific efforts to reduce the
RUSSIA295demand for commercial sex acts. The government did notreport specific efforts to address child sex tourism, althoughsome prevention campaigns did address child sex trafficking.RUSSIA (Tier 2 Watch List)Russia is a source, transit, and destination country for men,women, and children who are subjected to forced labor and sextrafficking. The Migration Research Center estimates that onemillion people in Russia are exposed to “exploitative” laborconditions that are characteristic of trafficking cases, such aswithholding of documents, nonpayment for services, physicalabuse, or extremely poor living conditions. People from Russiaand many other countries, including Commonwealth ofIndependent States (CIS) and Asian countries, are subjectedto conditions of forced labor in Russia. There were new forcedlabor allegations involving Vietnamese citizens as perpetratorsand victims in Russia. Instances of labor trafficking have beenreported in the construction, manufacturing, agriculture,repair shop, and domestic services industries. In the past, therehave been reports that forced begging also occurs in Russia.While the major construction sites associated with the APECSummit and Sochi Olympics were closed to public access andthe evidence is only anecdotal, reports indicate generallyharsh conditions and signs of forced labor, such as allegationsof withholding of travel documents and non-payment ofwages. North Korean citizens imported under government-to-government arrangements with the Government of NorthKorea for work in the logging industry in Russia’s Far Eastreportedly are subjected to conditions of forced labor. Therewere also reports of Russian citizens facing conditions offorced labor abroad.Reports of Russian women and children subjected to sextrafficking in Russia and abroad continued in 2011. Russiancitizens were reported to be victims of sex trafficking in manycountries, including those in Northeast Asia, Europe, CentralAsia, and the Middle East. There were also reports of citizensfrom European and African countries in forced prostitutionin Russia. According to Russian officials, child sex tourismwas a problem in Russia. There have been reports that childsex tourism among Russians abroad exists.The Government of Russia does not fully comply with theminimum standards for the elimination of trafficking. Thegovernment has not shown evidence of increasing effortsto address human trafficking compared to the previousyears; therefore, Russia is placed on Tier 2 Watch List for aninth consecutive year. Russia was granted a waiver from anotherwise required downgrade to Tier 3 because its governmenthas a written plan that, if implemented, would constitutemaking significant efforts to meet the minimum standardsfor the elimination of trafficking and is devoting sufficientresources to implement that plan.Victim protections in Russia during the reporting yearremained very weak. In addition, the government againmade no discernible efforts to fund a national awarenesscampaign. In recognition of these shortcomings, however, inDecember 2010, President Medvedev signed the CIS Programto Combat Human Trafficking for 2011-2013, which outlinescommitments to form a national anti-trafficking structureand fund NGOs to provide victim protections. The Ministryof Health and Social Development formed an interagencycoordinating committee in December 2010 to addresshuman trafficking, and included anti-trafficking NGOs inthe committee and its working groups. When implemented,these efforts have the potential to achieve significant progressin combating human trafficking.SS E B ERecommendations for Russia: Develop formal, nationalprocedures to guide law enforcement and other governmentofficials, including labor inspectors and health officials, inidentification of trafficking victims and referral of victims toservice providers; allocate funding to state bodies and anti-trafficking NGOs to provide specialized trafficking victimassistance and rehabilitative care; increase efforts to identifyand assist both sex and labor trafficking victims; implementa formal policy to ensure identified victims of trafficking arenot punished or detained in deportation centers for actscommitted as a direct result of being trafficked; ensure thatvictims have access to legal alternatives to deportation tocountries in which they face hardship or retribution; increasethe number of investigations, prosecutions, and convictionsfor trafficking offenses and investigate and criminally punishgovernment officials complicit in trafficking; create a centralrepository for investigation, prosecution, conviction, andsentencing data for trafficking cases; increase efforts to raisepublic awareness of both sex and labor trafficking; and takesteps to investigate allegations and prevent the use of forcedlabor in construction projects, including those associatedwith the 2014 Winter Olympics in Sochi, as well as NorthKorean-operated labor camps.ProsecutionThe Government of the Russian Federation demonstrated lawenforcement efforts during the reporting period. Article 127of the Russian criminal code prohibits both sex traffickingand forced labor. Other criminal statutes were also used toprosecute trafficking offenders, such as articles 240 and 241for involvement in or organizing prostitution. Article 127prescribes punishments of up to five years’ imprisonmentfor trafficking crimes. These penalties are commensuratewith punishments prescribed for other serious crimes, suchas rape. The Ministry of Internal Affairs (MVD) reported 46sex trafficking investigations and at least 17 sex traffickingprosecutions in the first 10 months of 2011. According to mediareports, there were at least two labor trafficking prosecutionsin 2011. According to the Judicial Department of the RussianSupreme Court, in 2011, a total of 32 people were convictedof “trade in people” under Article 127.1 (the article typicallyused for sex trafficking crimes), and 11 were convicted of “useof slave labor” under Article 127.2. These data compare with118 total human trafficking investigations, 62 prosecutions,and 42 convictions for human trafficking in 2010. Officialsindicated that the 2009 closure of an IOM trafficking shelterin Moscow and a massive re-organization of the MVD haveadversely affected authorities’ ability to conduct traffickinginvestigations. Russian authorities emphasize that they oftencharge sex trafficking cases under Article 241 (organizationof prostitution) as the elements of that crime are often easier
296RWANDAto prove, although there is no public information on howmany such cases involved forced as opposed to voluntaryprostitution. There were media reports indicating that policein Primorskiy Kray and Khaborovskiy Kray conducted raidson labor trafficking establishments in early 2012. During thereporting period, sentences given by Russian courts to 19 ofthe convicted sex trafficking offenders ranged from four to 19years’ imprisonment. Details concerning the sentences of the11 individuals convicted of use of slave labor were not madepublic. At least three labor trafficking cases remained pendingcompletion of investigation or trial. These data are comparedwith 42 trafficking offenders convicted in 2010. Sentencesin 2010 for the reported trafficking convictions ranged fromseveral months to 12 years’ imprisonment.The government did not report specific progress on any ofthe alleged cases of official complicity in human traffickingfrom the 2008, 2009, 2010, and 2011 TIP Reports. Duringthe reporting period, however, authorities convicted a localpolice chief of sex trafficking and handed down a suspendedsentence of four years. Airport police in Vladivostok reportedlydetained a police officer on suspicion of complicity in asex trafficking situation in March 2012. The North Koreangovernment continued to export workers for bilateral contractswith Russia and other foreign governments. Despite mediaallegations of slave-like conditions in North Korean-operatedtimber camps in Russia, the Russian government has notreported any investigations into this situation.The Ministry of Internal Affairs, the lead law enforcementagency in the majority of trafficking cases, conducted regulartraining during the reporting period designed to guide officersin handling trafficking cases. According to the government,the General Procuracy, the Russian Academy for Justice, theRussian Academy of Advocacy, the MVD, and the FederalSecurity Service provided periodic training as well.ProtectionThe Russian government demonstrated minimal progressin efforts to protect and assist trafficking victims during thereporting period. The government did not develop or employa formal system to guide officials in proactive identification oftrafficking victims or referral of victims to available services,and there continued to be no available official statistics onthe number of trafficking victims identified or assisted bythe government or NGOs. The government did not reportpublicly any funding or programs for specific assistanceto trafficking victims, and the government did not verifyhow many trafficking victims benefitted from funding orprograms intended for other, general purposes, such as witnessprotection, child protection, or government crisis centers,which were unlikely to accept victims who were not registeredin the district in which the center is located. Services for victimsoutside of their region of registration or residence area wouldnormally be limited to emergency care in hospitals. A smalltrafficking shelter in the City of Khabarovsk closed during2011 for lack of funding. A trafficking shelter in Vladivostokthat received some local government funding helped onevictim during the reporting period.The government reported that it encouraged victims toparticipate in anti-trafficking investigations by offeringtrafficking victims that cooperate with officials witnessprotection provisions on a case-by-case basis. There were noformal legal alternatives to deportation for foreign victims.Russia did not demonstrate a systematic approach to ensure thattrafficking victims were not punished for crimes committedas a direct result of their trafficking experience. Accordingto authorities, most foreign victims were neither deportednor supported as witnesses in a prosecution; they were oftenreleased to make their own way home or to stay in Russia tolook for work.PreventionRussia’s national government demonstrated very limitedefforts to prevent trafficking over the reporting period. So far,there have been no nationwide campaigns to raise awarenessof human trafficking in Russia or efforts to develop publicawareness of possible forced labor in advance of the 2014Winter Olympics in Sochi. Several high-level officials spokeout against human trafficking during the reporting period,including then prime minister now President Putin, who calledfor toughening penalties against those “who organize flows ofillegal immigrants, hire people without work permits and usethem as slaves.” The national human rights ombudsman, aswell as the Minister of Health, also spoke out strongly againsthuman trafficking during the reporting period.The government did not have a body to monitor its anti-trafficking activities and make periodic assessments measuringits performance. The government did not take specific steps toreduce the demand for commercial sex acts, nor did it report anyspecific measures to ensure that its military personnel, whendeployed abroad as part of a peacekeeping or other similarmission, did not engage in or facilitate human trafficking.Russia issued arrest warrants and requested extradition toRussia of a Russian citizen convicted of sexually abusingmany young girls in Cambodia.RWANDA (Tier 2)Rwanda is a source and, to a lesser extent, transit anddestination country for women and children subjected toforced labor and sex trafficking. Rwandan girls and, to a lesserextent, boys are exploited in domestic servitude within thecountry; some of these children experience nonpayment ofwages or physical or sexual abuse within their employer’shousehold. Older females offer vulnerable younger girls roomand board, eventually pushing them into prostitution to pay fortheir keep. In limited cases, trafficking is facilitated by womenwho supply other women or girls to clients or by loosely-organized prostitution networks, some operating in secondaryschools and universities. Brothel owners reportedly supply girlsin prostitution to clients staying at hotels. Children in Rwanda-based refugee camps are victims of trafficking to Uganda andKenya at the hands of other refugees. Rwandan women andchildren also are recruited and transported to Kenya, Uganda,Democratic Republic of the Congo (DRC), Tanzania, Burundi,Zambia, South Africa, Europe, China, and the United States,where they are subjected to forced agricultural and industriallabor, domestic servitude, and prostitution. Small numbers ofwomen and children from neighboring countries and Somaliaare victimized in prostitution and forced labor after beinglured to Rwanda. A limited number of foreign nationals aremoved through Rwanda to be exploited in third countries.The Government of Rwanda does not fully comply with theminimum standards for the elimination of trafficking; however,it is making significant efforts to do so. During the reporting
RWANDA297period, the government referred sex trafficking victims toprotective services, continued its provision of short-term careand rehabilitative services to child ex-combatants, trainedmore police officers as gender-based violence specialists, andcreated a special court to hear cases involving internationalcrimes, including human trafficking. Rwanda remains theonly African country in which the government is undertakingvirtually all activities related to the demobilization andreintegration of former child soldiers, some of whom aretrafficking victims. The government prosecuted at least twotrafficking offenders under its child kidnapping law, but failedto convict any trafficking offenders. The police continued tohold some trafficking victims in detention without connectionto a charge. While the government continued to make women’sand children’s rights a high priority, it did not provide theresources to adequately investigate suspected labor violations.E B ERecommendations for Rwanda: Enact draft legislation thatwould create an easily understandable legal regime with cleardefinitions of human trafficking and enforce it once it becomeslaw; enforce the anti-trafficking provisions in the 2009 laborlaw through increased investigations and prosecutions oftrafficking offenders; increase the number of labor inspectorsand resources available to them; utilize judicial policespecifically trained on gender-based violence to supplementthe national police’s anti-trafficking unit and government’slabor inspectors; establish a system to assist foreign traffickingvictims with relief from deportation; ensure central governmentfunds sent to districts for labor inspection programs areallocated to such programs; and build capacity to screen fortrafficking victims at child transit centers through increasedcollaboration between the police and the Ministry of Genderand Family Promotion or NGOs.ProsecutionThe government demonstrated some improvements in itsanti-trafficking law enforcement efforts during the reportingperiod, as it prosecuted trafficking offenders and trainedadditional police officers in trafficking-related topics. It failed,however, to convict any traffickers. Article 28 of the Law onPrevention and Punishment of Gender-Based Violence (LawNo. 59/2008) outlaws, but does not define, sex traffickingand prescribes sufficiently stringent punishments of 15 to20 years’ imprisonment, penalties that are commensuratewith those prescribed for other serious offenses, such as rape.Article 8 of the Law Regulating Labor in Rwanda (13/2009)prohibits forced labor and Article 167 prescribes sufficientlystringent punishments of three to five years’ imprisonment;Article 72 prohibits subjecting children to slavery, childtrafficking, debt bondage, forced labor, armed conflict, andchild prostitution and Article 168 prescribes punishment ofsix months to 20 years’ imprisonment for these offenses. InMay 2010, the government completed the draft revisions tothe penal code that contain articles defining and prohibitingall forms of human trafficking, which will address the police’sand prosecutors’ common complaint regarding the currentdifficultly in prosecuting and punishing someone suspectedof trafficking offenses under the current legal code; the entiredraft code remained under consideration at the end of thereporting period. In February 2012, the government created aspecial court for international crimes, which will hear humantrafficking cases after the government approves the revisedpenal code. The special court will allow foreign judges to ruleon proceedings, thereby encouraging other governments toextradite suspects to Rwanda by giving them equity in the case.The Rwandan National Police (RNP) registered seven casesof human trafficking in 2011, though it did not provideinformation on the outcome of these cases. The RNP’s four-person anti-trafficking unit assisted in the investigationsof these cases. The National Public Prosecution Authority(NPPA) maintained two specially-designated prosecutors tocoordinate all cases related to human trafficking. It investigatedone case of slavery and 16 cases of child kidnapping in 2011;among those, 10 child kidnapping cases were pending beforethe courts at the end of 2011, with seven cases remainingunder investigation. The NPPA reported that at least twoof the kidnapping cases were child trafficking. In January2012, several Congolese refugee children from the Nyabihekerefugee camp in Gatsibo District alleged that another refugeelured them to Uganda through enticements of jobs, only tobe exploited in brothels; however, the government did notprosecute the case and Rwandan authorities reportedly didnot sufficiently investigate these allegations. Neither theNPPA nor the RNP provided information regarding casespending at the close of the previous reporting period. Laborinspectors issued warnings and levied fines against thoseillegally employing children, but the government reported onlyone investigation of slavery and did not report investigatingor prosecuting any additional cases of forced labor duringthe year. Each of Rwanda’s 75 police stations maintained agender desk staffed by at least one judicial police officer. Inlate 2011, the RNP began training 150 new judicial policeofficers as gender-based violence (GBV) specialists, whichwill triple the number of anti-GBV officers who specialize infighting the worst forms of child labor, as well as identifyingand assisting victims of trafficking. An average of six judicialpolice officers specializing in serious crimes serve in each ofRwanda’s police stations, and all such officers had undergonetraining on identifying and assisting victims of traffickingand investigating and prosecuting human trafficking cases.ProtectionThe government continued to offer an unparalleled level ofcare for former child combatants, but it provided inconsistentprotective services to victims of sex or labor trafficking. TheRwandan Demobilization and Reintegration Commission(RDRC) – with funding from the World Bank, UNICEF, and theGovernments of Germany, Japan, the Netherlands, and Sweden– continued operation of a center for child ex-combatants inMuhazi, which provided three months of care, includingpsycho-social counseling, to children returned from the DRCby the United Nations Organization Stabilization Missionin the Democratic Republic of the Congo (MONUSCO). Thecenter provided services to 52 children in 2011, an increasefrom 47 in 2010. The RDRC worked with local authoritiesand an NGO to locate the children’s families, and socialworkers sensitized families to their acceptance of the child’sreturn. By the end of 2011, RDRC staff had reunited 21children with relatives, with 28 still residing at the center as ofOctober 2011. In 2011, the government provided an unknown
298ST.LUCIAamount of funding to support eight private or NGO-run childrehabilitation centers that afforded over 200 street children– some of whom were trafficking victims – with shelter, basicneeds, and rehabilitative services.During the year, police identified and referred an unknownnumber of sex and labor trafficking victims to the Isange Center,a one-stop holistic facility within the Kaciryu police hospitalin Kigali that provided medical exams, counseling, short-termshelter, and police, medical, and legal assistance to victims ofgender-based violence, including child domestic workers andchildren in prostitution. In a notable improvement over theprevious year, social workers received all individuals arriving atthe center and followed a set of questions to identify potentialcases of trafficking. The social workers’ initial determinationsguided the treatment provided by the holistic center. Duringthe reporting period, the RNP began outfitting its three otherpolice hospitals with similar centers. Judicial police officersencouraged victims to participate in the investigation andprosecution of trafficking crimes and interviewed victims atthe Isange Center, or elsewhere if they were not referred tothe center; these initial statements could stand as testimonyif victims did not wish to appear in court. The standardizedchecklist used by police when working with victims requiredsecuring medical, social, and counseling services; the presenceof a victim’s advocate during investigations; and referrals ofvictims to NGOs, religious entities, or community groups forfurther assistance. The police headquarters in Kigali continuedoperating a hotline for reporting GBV crimes and receivedseveral calls reporting cases of human trafficking in 2011.The government operated three transit centers for screeningand referring street children, some of whom were victims ofdomestic servitude or prostitution, to longer-term care facilities.The Ministry of Gender and Family Promotion screened someof the children and young adults detained in these centers andconsistently followed standard procedures for referring victimsto rehabilitation centers, child care institutions, or otherfacilities, such as the Iwawa Rehabilitation and VocationalDevelopment Center, or for returning them to their families.The RNP, however, often discharged young people fromthe transit centers or transported them to remote districtswith instructions not to return to Kigali, without screeningfor vulnerability to trafficking. The police also held somechild victims of trafficking in detention at the transit centers,sometimes for weeks or months without being charged with acrime or interviewed in conjunction with an investigation. Dueto inadequate screening, victims of trafficking could face timein prison or the Nyagatare Rehabilitation Center for unlawfulacts committed as a result of being trafficked, although no caseswere reported in 2011. The RNP distributed IOM handbookson identifying and assisting victims of trafficking to judicialpolice officers, community police committees, and others,but procedures varied for proactive identification of victimsof trafficking among high-risk groups, including womenin prostitution. Beyond providing a stay of one month, thegovernment did not provide foreign trafficking victims withlegal alternatives to their removal to a country where theymay face hardship or retribution.PreventionThe government maintained its anti-trafficking preventionefforts during the reporting period, but there continues to bea lack of understanding among the government and Rwandansociety of the full scope of the country’s human traffickingproblem. Rwandan authorities have long recognized theproblem of cross-border human trafficking, and in 2011 thegovernment acknowledged for the first time the problemof internal sex trafficking and forced labor, specifically thewidespread trafficking and abuse of child domestic servants.The Ministry of Public Service and Labor (MIFOTRA) raisedpublic awareness of the worst forms of child labor throughradio shows, television announcements, and skits. Policeand immigration officials maintained strict border controlmeasures as part of a strategy to prevent transnational childtrafficking, although the government declined to providestatistics of how many children it prevented from leavingthe country under suspicious circumstances. During thereporting period, local observers reported a decrease in theuse of child labor in agriculture, resulting from vigorous policeenforcement of a recent law mandating children attend 12 yearsof basic education. MIFOTRA’s labor inspectors held monthlysensitization activities and quarterly trainings for employersand local authorities on child labor regulations. However,these 30 district labor inspectors were not numerous enoughto fulfill their monitoring mandate, and the government didnot provide them with adequate resources, including transport,to identify and prevent the use of exploitative child laboreffectively. MIFOTRA continued to train all labor inspectorstwice per year on how to identify and handle cases of childlabor, including trafficking in persons. MIFOTRA made cashtransfers to each district for the purpose of funding laborinspectors and combating child labor, but according to the ILOand other observers, district officials routinely reprogrammedthose funds for other priorities. Every new immigration officialreceived training on passenger profiling, document verification,and other regulations, including the identification of victimsof trafficking. The government introduced new border controlprocedure manuals for the airports and land borders, as well asspecific written instructions guiding border officers in effectiveborder control, such as identifying all forms of cross-bordercrimes, to include human trafficking. The government trainedRwandan troops on gender sensitivity and sexual exploitationprior to their deployment to UN peacekeeping missions abroad.ST. LUCIA (Tier 2)St. Lucia is a destination country for persons subjected to forcedprostitution and forced labor. Legal and illegal immigrantsfrom Haiti, Jamaica, the Dominican Republic, Guyana, andSouth Asia reportedly are the groups most vulnerable to humantrafficking. Sex trafficking victims are likely found amongforeign women in prostitution. According to the police andNGOs, the most likely traffickers in the country are pimps,strip club operators, and brothel owners; in the past, therewere allegations that some underground strip clubs were frontsfor prostitution and reportedly were owned or protected bycomplicit former police officers. There are indications thatchildren are coerced to engage in commercial sex in St. Lucia.The Government of St. Lucia 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 did not make progress inprosecuting trafficking offenders, although it helped rescueat least one apparent forced labor victim during the reportingperiod. While many officials expressed strong political will toaddress human trafficking, government employees’ traffickingcomplicity also remained a problem.
ST.VINCENTANDTHEGRENADINES299S . E B ERecommendations for St. Lucia: Provide adequate fundingfor and standard operating procedures to implement the newCounter-Trafficking Act 2010, ensuring that both local andinternational trafficking victims are protected; vigorouslyprosecute, convict, and punish perpetrators of forced laborand sex trafficking, including officials complicit in humantrafficking; continue identifying and assisting victims of forcedlabor and forced prostitution; work with IOM to provide saferepatriation procedures for foreign victims who would liketo return home; and continue with plans to establish an inter-ministerial task force and empower law enforcement andvictim protection officials to participate.ProsecutionThe Government of St. Lucia did not make progress inaddressing human trafficking through law enforcement meansduring the reporting period. The government prohibits allforms of trafficking through the Counter-Trafficking Act 2010,which prescribes punishment of five to 10 years’ imprisonmentwith fines. These penalties are sufficiently stringent and arecommensurate with other serious crimes, such as rape. Thegovernment did not report any investigations, prosecutions,convictions, or sentences of trafficking offenders or publicofficials complicit in human trafficking under this new law orother statutes in 2011, nor in 2010. Authorities acknowledgedthat the complicity of some law enforcement officials was aproblem. The government did not offer formal training forpolice, immigration authorities, health workers, or childprotection officials in identifying human trafficking. Therewere no standard operating procedures in place to guide lawenforcement authorities in how to handle trafficking cases.ProtectionThe government made modest efforts to protect victims ofhuman trafficking during the reporting period, despite resourceand capacity restraints. The government funded an NGO thatrescued and provided assistance to at least one foreign adultvictim of forced labor during the reporting period, and theNGO worked with the diplomatic mission of the victim’shome country to repatriate her. However, the government didnot have formal procedures to guide law enforcement, health,and other officials in how to identify trafficking victims andrefer them to available protection and assistance services.The government also ran a system of informal shelters wherevictims, including male children, could find shelter from theirexploiters. A government-funded NGO ran a day-use shelterfor girls, although there was no 24-hour residential sheltercurrently in the country for girls. Magistrates were forced tochoose between prison or a mental institution in which toplace girls needing protection. The government encouragedvictims to participate in the prosecution of trafficking offendersthrough strong victim protection provisions in the Counter-Trafficking Act 2010. The act has explicit provisions to protectforeign victims from deportation and from prosecution forcrimes committed as a direct result of being in a traffickingsituation.PreventionThe government made some efforts to prevent humantrafficking during the reporting period. While there wasno national campaign to raise awareness about forced laborand forced prostitution, officials distributed IOM humantrafficking awareness brochures at anti-violence outreachactivities. Through a television appearance, the minister ofNational Security expressed political will to address traffickingand announced intentions to set up an inter-ministerial taskforce. The government’s director of Gender Affairs raisedawareness of human trafficking through radio and visitsto schools and public health facilities during the reportingperiod. The government did not have a campaign to reducethe demand for commercial sex acts. The government hasnot identified a problem with child sex tourism in St. Luciaor involving its nationals. St. Lucia is not a party to the 2000UN TIP Protocol.ST. VINCENT AND THEGRENADINES (Tier 2)St. Vincent and the Grenadines is a source, transit, anddestination country for some men, women, and childrensubjected to forced labor and sex trafficking. According to NGOsand officials, discussing human trafficking matters openly isa social taboo in the country. Nevertheless, a consensus hasdeveloped between government officials and NGOs that apopulation of persons at high risk of trafficking exists, notablymen, women, and children working in agriculture, includingmarijuana fields, and in prostitution. In the past, Vincentianofficials have raised concerns regarding foreign women inprostitution transiting through the country without possessionof their passports.The Government of St. Vincent and the Grenadines does notfully comply with the minimum standards for the eliminationof trafficking; however, it is making significant efforts to doso. The government made substantial progress during thereporting period by enacting legislation that prohibits all formsof trafficking and provides strong victim protection measures.In addition, the government established a ministerial-levelanti-trafficking task force and created an anti-trafficking policeunit. This positive momentum and new structures shouldallow the government to make continued progress and identifyand assist potential victims of trafficking in the coming year.S . E E E ES E B ERecommendations for St. Vincent and the Grenadines:Investigate and prosecute possible offenses of sex or labortrafficking; implement formal screening policies to guideofficials in how to identify and assist suspected victims offorced prostitution and forced labor; identify and assist
300SAUDIARABIAsuspected trafficking victims and refer them to appropriateservices; enact a policy to ensure that trafficking victims arenot punished for crimes committed as a direct result of beingin a forced labor or forced prostitution situation; and educatethe public about forced prostitution and forced labor byconducting a high-profile public awareness campaign.ProsecutionThe Government of St. Vincent and the Grenadines madeprogress in its anti-trafficking law enforcement efforts overthe last year. In September 2011, the House of Assemblyunanimously passed the Prevention of Trafficking in PersonsBill of 2011, which prohibits forced prostitution and forcedlabor, including bonded labor, and prescribes punishmentsof up to 20 years’ imprisonment with fines. These penaltiesare sufficiently stringent and commensurate with otherserious crimes, such as rape. The law includes strong victimprotection measures, provisions for victim restitution, andstates that consent or past sexual behavior is irrelevant. Thegovernment, however, reported no forced labor or forcedprostitution investigations, prosecutions, or convictions duringthe reporting period. In an effort to strengthen its capabilitiesto address human trafficking, the government in early 2012established a special unit within the Royal St. Vincent andthe Grenadines Police Force to focus specifically on humantrafficking, sexual offences, and domestic violence. There wereno reports of trafficking-related official complicity during thereporting period. The government provided in-kind assistanceto trafficking-specific IOM-led training for officials from thepolice force, the Immigration Department, the Social WelfareDepartment, the Ministry of Foreign Affairs, the Director ofPublic Prosecution’s Office, the Port Authority, the AttorneyGeneral’s chambers, and local NGOs.ProtectionThe Vincentian government made progress in establishingvictim protection policies. The government did not have formalprocedures in place to guide authorities in how to identifypossible victims of human trafficking, and the governmentdid not proactively identify any suspected victims of humantrafficking during the reporting period. The Ministry ofNational Mobilization and Social Development developedguidelines during the reporting period on the referral ofvictims to appropriate shelter. The government did notfund any trafficking-specific assistance programs, but thegovernment provided some funding and building space to localNGOs whose shelter, counseling, and other services for crimevictims would also be available to trafficking victims. Therewere no reports of trafficking victims assisting law enforcement,but under its new anti-trafficking law, the government offeredincentives to encourage their assistance in the investigationand prosecution of human trafficking offenders. Prior to theenactment of the September 2011 law, the government didnot offer legal alternatives to the removal of foreign victimsto countries where they would face hardship or retribution,though the new law now provides for such immigrationrelief. The government did not have a formal policy in placeto protect victims from punishment for crimes committed asa direct result of being in a trafficking situation. There wereno reports that victims were inappropriately punished duringthe reporting period.PreventionThe government made some efforts to prevent traffickingin St. Vincent and the Grenadines during the last year. Thegovernment continued to implement its national action planto combat human trafficking. The government did not conductanti-trafficking information or education campaigns during thereporting period; however, some officials raised awareness ofhuman trafficking through public speaking engagements. Ina positive development, one senator raised awareness that thenew law could be used to protect local children from personspushing them into prostitution or transactional sex. Thegovernment has not identified a problem with child sex tourists.The government reported no efforts to reduce the demand forcommercial sex acts. St. Vincent and the Grenadines is not aparty to the 2000 UN TIP Protocol.SAUDI ARABIA (Tier 3)Saudi Arabia is a destination country for men and womensubjected to forced labor and to a lesser extent, forcedprostitution. Men and women from Bangladesh, India, SriLanka, Nepal, Pakistan, the Philippines, Indonesia, Sudan,Ethiopia, Kenya, and many other countries voluntarily travelto Saudi Arabia as domestic servants or other low-skilledlaborers, but some subsequently face conditions indicativeof involuntary servitude, including nonpayment of wages,long working hours without rest, deprivation of food, threats,physical or sexual abuse, and restrictions on movement such asthe withholding of passports or confinement to the workplace.Although many migrant workers sign contracts delineatingtheir rights, some report work conditions that are substantiallydifferent from those described in the contract. Other migrantworkers never see a contract at all, leaving them especiallyvulnerable to forced labor, including debt bondage. Dueto Saudi Arabia’s requirement that foreign workers receivepermission from their employer to get an “exit visa” beforethey are able to leave the country, migrant workers reportthat they are forced to work for months or years beyond theircontract term because their employer will not grant them anexit permit.Women, primarily from Asian and African countries, arebelieved to be forced into prostitution in Saudi Arabia. Somefemale domestic workers are reportedly kidnapped and forcedinto prostitution after running away from abusive employers.Yemeni, Nigerian, Pakistani, Afghan, Chadian, and Sudanesechildren are subjected to forced labor as beggars and streetvendors in Saudi Arabia, facilitated by criminal gangs. ASaudi study conducted in 2011 reported that most beggarsin Saudi Arabia are Yemenis between the ages of 16 and25. Some Saudi nationals travel to destinations includingMorocco, Egypt, Yemen, Afghanistan, Pakistan, India, andBangladesh to solicit prostitution. Some Saudi men usedlegally contracted “temporary marriages” in countries such asEgypt, India, Mauritania, Yemen, and Indonesia as a meansby which to sexually exploit young girls and women overseas.The Government of Saudi Arabia does not fully comply withthe minimum standards for the elimination of trafficking andis not making significant efforts to do so. The governmentcontinued, in a limited fashion, to prosecute and convicttrafficking offenders under the 2009 anti-trafficking law. Thegovernment made modest efforts to improve its responseto the vast human trafficking problem in Saudi Arabia by
SAUDIARABIA301training government officials on victim identification andprevention, and worked to improve victim protection services.However, the government’s policy of allowing Saudi citizensand residents to sponsor migrant workers and restrict theirfreedoms, including exit from the country, continued topreclude significant progress in dealing with human trafficking.The Saudi government did not reform its migrant laborersponsorship system, though it discussed possible alternativesduring the year that would provide protections for foreignworkers and increase government oversight. Domestic workers– the population most vulnerable to forced labor – remainedexcluded from general labor law protections, and employerscontinued to regularly withhold workers’ passports as a meansof keeping them in forced labor, despite this practice beingprohibited by a 2000 Council of Ministers’ decision.S B E B ERecommendations for Saudi Arabia: Reform thesponsorship system and enforce existing laws to discourageemployers from withholding workers’ passports and restrictingworkers’ movements, including arbitrarily denying permissionfor exit visas, as a means of preventing trafficking abuses;significantly increase efforts to prosecute, punish, andstringently sentence traffickers, including abusive employersand those culpable of trafficking for commercial sexualexploitation, under the 2009 anti-trafficking law; institute aformal victim identification mechanism to distinguishtrafficking victims among the thousands of workers deportedeach year for immigration violations and other crimes; ensurethat victims of trafficking are not punished for acts committedas a direct result of being trafficked, such as running awayfrom abusive employers; ensure trafficking victims are ableto pursue criminal cases against their employers in practice;continue to improve victim protection at government-runshelters by transforming them into open shelters where victimsare not locked in; ensure that all victims of trafficking canseek assistance; enforce labor laws and expand full laborprotections to domestic workers; and continue and expandjudicial training and public awareness campaigns onrecognizing cases of human trafficking.ProsecutionThe Government of Saudi Arabia made limited lawenforcement efforts against human trafficking during thereporting period. The 2009 “Suppression of the Traffickingin Persons Act,” promulgated by Royal Decree numberM/40, defines and prohibits all forms of human trafficking,prescribing punishments of up to 15 years and fines of up tothe equivalent of $266,667 for violations. Penalties may beincreased under certain circumstances, including traffickingcommitted by an organized criminal group or committedagainst a woman, child, or person with special needs. Thesepenalties are sufficiently stringent and commensurate withpenalties prescribed for other serious crimes. Since the lawincludes some concepts unrelated to human trafficking, thegovernment must disaggregate law enforcement activity underthis law to indicate which prosecutions and convictions arefor trafficking. Although the 2009 anti-trafficking law doesnot address withholding passports and exit visas as a meansof obtaining or maintaining a person’s forced labor or service,Council of Ministers Decision 166 of 2000 prohibits thepractice of withholding workers’ passports as a separate, lesseroffense. The Council of Ministers’ statement accompanyingthe 2009 anti-trafficking law secures the right of victims toremain in Saudi Arabia during the investigation and courtproceedings, incentivizing their assistance in prosecutions.The government reported that it prosecuted 11 cases ofhuman trafficking, though the government did not report thedetails of these cases, and it is unclear if these cases occurredduring the reporting period. During the reporting period,the government achieved only one conviction under its anti-trafficking law; details of that case were not provided. Therewere no prosecutions or convictions of cases involving forcedbegging. The government did not report efforts to enforce theCouncil of Ministers’ decision prohibiting the confiscationof foreign workers’ passports; this practice continued to bewidespread. During this reporting period, the governmentreported efforts to track and collect data on trafficking-relatedinvestigations, arrests, prosecutions, and convictions, yet thegovernment failed to provide comprehensive law enforcementdata. The government also did not report any investigations,arrests, prosecutions, or sentences of government officials fortrafficking-related complicity. However, according to mediaand NGO sources abroad during the reporting period, anIndonesian domestic worker alleged that a Saudi diplomatworking in Germany – her employer – had subjected her toforced labor and abuse. The victim alleged that she worked18-hour days with no holidays, never received wages forher work, did not have access to her passport, and wasphysically and mentally abused. During the reporting period,the government’s inter-ministerial permanent committeeto combat trafficking provided training sessions for lawenforcement and judicial personnel and completed three“train-the-trainer” courses for investigators and police officerson trafficking indicators.ProtectionSaudi Arabia made limited, although inconsistent, progress inprotecting victims, but its overall efforts remained inadequateduring the reporting period. The government’s annual budgetfor calendar year 2012 includes the equivalent of $1 millionfor the permanent committee to combat trafficking; however,procedures were not fully implemented to systematicallyidentify victims of trafficking among vulnerable populations,and government officials still lack the necessary training onprevention, identification, and prosecution of trafficking cases.As a result, many victims of trafficking are likely punished foracts committed as a result of being trafficked. Under Saudilaw, foreign workers may be detained or deported for runningaway from their employers. Council of Ministers Decision 244authorizes the permanent committee to combat traffickingto exempt trafficking victims from these punishments, yetvictims are often detained or deported without being identified.Women arrested for prostitution offenses face prosecution and,if convicted, imprisonment or corporal punishment, even ifthey are victims of trafficking; there are no legal protectionsor policy guidelines that shield victims from prosecution.Moreover, at least 25 Indonesian domestic workers remainedin judicial proceedings and could be sentenced to death. Someworkers have already been sentenced to death and awaitexecution for various crimes, including those committed
302SENEGALagainst their Saudi employers after some of the accused werereportedly subjected to conditions of forced labor.The 2009 anti-trafficking law affords victims an explanationof their legal rights in a language they understand, physicaland psychological care, shelter, security, and the ability tostay in Saudi Arabia to testify in court proceedings. The Saudimedia reported that foreign workers successfully sought helpfrom government authorities after their sponsors failed to paytheir wages or prohibited them from leaving the country. Inone such case, a Saudi sponsor paid an Indonesian domesticworker the equivalent of $15,200 in back wages after Riyadhpolice intervened. In another case, the Hail provincialgovernor assisted an Indian shepherd to recover more thanthe equivalent of $22,500 in unpaid wages from his Saudisponsor and facilitated the foreign worker’s repatriation toIndia. Despite these positive steps, during the reporting period,many victims still sought refuge at their embassies, andsource countries reported handling thousands of complaintsof unpaid wages, physical or sexual abuse, or poor workingconditions each year. No shelter or services are available tovictims of sex trafficking or male victims of trafficking. Thegovernment operated a center for female runaway domesticworkers in Riyadh, some of whom were likely subjected tophysical or sexual abuse by their employers. The Ministryof Social Affairs Anti-Begging Department also operatedshelters for child beggars in various cities in the country. Inprevious years, victims of physical and psychological abuseat these centers reported that they were unlikely to receiveassistance, and some reported long waiting periods beforethe conclusion of their cases. Women were not free to leaveand experienced restrictions on communication with familyor consular contacts. In smaller cities in Saudi Arabia withpoor access to the government shelter, victims of traffickingwere kept in jails until their cases were resolved; however,during this reporting period, some trafficking victims insmaller cities were reportedly transported to shelters in largercities. During the reporting period, the government reportedproviding services and assistance to 1,000 Southeast Asianworkers who had been held in conditions of forced labor,including receiving no wages for work and inadequate housingwithout food. The permanent committee facilitated some ofthese workers’ requests for repatriation and provided shelterfor those who chose to stay until the dispute was resolved inhopes that their full salaries would be paid.Victims who have run away from their employers, overstayedtheir visas, or otherwise violated the legal terms of their visaswere frequently jailed without being identified as victims.Some Saudi employers prevented foreign workers from leavingthe country by refusing to permit them to receive exit visas,which resulted in workers working beyond their contract termsagainst their will, languishing in detention centers indefinitely,or paying money to their employers or immigration officialsto let them leave. In previous reporting periods, some policeofficers assisted victims by referring them to governmentshelters. Other police officials, however, returned foreignworkers to their employers, pressured them to drop cases, orpersuaded victims to take monetary compensation in lieuof filing criminal charges against their employers. Someemployers file false counter-claims against foreign workers fortheft, witchcraft, and adultery in retaliation for workers’ claimsof abuse; as a result, in many cases, the workers rather than theemployers were punished, which discouraged workers fromreporting abuse. Few migrants successfully pursued criminalcases against abusive employers due to lengthy delays in theimmigration and justice system.PreventionThe government made some progress in preventing humantrafficking during the reporting period, but systemicproblems resulting from the sponsorship system regulationsremained largely unaddressed. However, the governmentdiscussed possible alternatives to the sponsorship systemthat would provide protections for foreign workers andincrease government oversight. In July 2011, the governmentissued regulations mandating the formation of new “unifiedrecruitment companies” which provide that only specifiedcompanies will be able to have visas issued for new expatriateworkers and that the companies will be held responsible forthe well-being of laborers, including domestic workers forwhom they obtain visas, and incur penalties and restrictionson importing labor if workers are abused. At least two unifiedrecruitment companies have been fully licensed and another13 have been granted preliminary licenses. The Ministry ofLabor plans for at least two companies to operate in eachof the country’s 13 provinces. The companies must beginoperations within the next year or risk losing their licenses.These regulations do not prescribe criminal penalties for abuseof foreign workers and do not provide increased protections forforeign trafficking victims. The government also failed in theregulations to address the widespread practice of employerswithholding workers’ passports and residency permits and theuse of exit permits to control workers’ movements. Domesticworkers remain excluded from general labor law protections.To increase workers’ awareness of their rights, the Ministryof Labor continued to produce a guidebook distributed toall migrant workers entering the country in Arabic, English,and some source country languages; these guidebooks alsocontain a telephone number for workers to report abuse.Additionally, Saudi police maintained a 24-hour emergencyanti-trafficking hotline with operators who speak Arabic andEnglish. The government reportedly broadcast 250 programsand public service announcements on human traffickingissues, including treatment of foreign workers, on televisionand radio during the reporting period. The government tookactions to reduce the demand for prostitution, as Sharia lawprohibitions against prostitution are strictly enforced in SaudiArabia. The Saudi government did not report efforts to reducethe demand for child sex tourism by Saudi nationals abroad.SENEGAL (Tier 2 Watch List)Senegal is a source, transit, and destination country forchildren and women who are subjected to forced labor, forcedbegging, and sex trafficking. NGOs estimate that more than50,000 children, most of whom are talibes – students attendingdaaras (Koranic schools) run by teachers known as marabouts– are forced to beg and that in Dakar alone there are 8,000talibes begging in the streets. Senegalese boys and girls arealso subjected to domestic servitude, forced labor in goldmines, and exploitation in the sex trade. Trafficking withinthe country is more prevalent than transnational trafficking,although boys from The Gambia, Mali, Guinea-Bissau, andGuinea have been identified in forced begging and forcedlabor in artisanal gold mines in Senegal. Senegalese womenand girls are transported to neighboring countries, Europe,
SENEGAL303and the Middle East for domestic servitude. NGO observersbelieve most women and girls exploited in prostitution,however, remain in Senegal. Women and girls from otherWest African countries, particularly Liberia, Ghana, Guinea,Guinea-Bissau, Sierra Leone, and Nigeria, may be subjectedto domestic servitude and commercial sexual exploitation inSenegal, including for sex tourism.The Government of Senegal does not fully comply withthe minimum standards for the elimination of trafficking;however, it is making significant efforts to do so. Despite thesemodest efforts, the government did not demonstrate evidenceof overall increasing efforts to address human trafficking,particularly to prosecute and punish trafficking offenders andprotect trafficking victims. Therefore, Senegal is placed on Tier2 Watch List. During the reporting period, the governmentmade some efforts to expand its capacity to combat trafficking,including training 96 judges and law enforcement officials ontreatment and processing of child trafficking victims withinthe Senegalese system. The government also continued tofund the Ginndi Center, which provides child abuse victimswith shelter, food, education, and medical and psychologicalcare. The government did not compile data on the numberof trafficking cases investigated and prosecuted, and it didnot appear that the government prosecuted or convicted anytrafficking cases during the reporting period. Furthermore,the government did not formally identify a single traffickingvictim in 2011, although a government-funded shelter assisted,as during the previous reporting period, child traffickingvictims. The apparent lack of prosecutions and convictions oftrafficking offenders and identification of trafficking victimsstands in contrast to the previous reporting period, duringwhich the government prosecuted 10 cases of trafficking,secured nine convictions, and identified as many as 795victims. During the reporting period, however, the governmenttook initial steps to track its identification of and assistanceto trafficking victims through the development of a database.In 2010, local observers believed the government was makingpositive strides in combating trafficking, given the convictionof nine marabouts for forcing children to beg. However,following these convictions, Koranic teacher associationslobbied the government to cease prosecuting marabouts, andthe government succumbed to political pressure. In 2011,the former president publicly denounced the prosecution ofmarabouts in Cabinet meetings. Over the reporting period, theprevalence of human trafficking in Senegal rapidly increased.According to several organizations, the number of childrenbegging in the streets of Dakar is higher than at any otherpoint in Senegal’s history. Women were increasingly identifiedin forced prostitution in the southeast gold mining regionof Kedougou, but police did not investigate any such cases.SE E E B ERecommendations for Senegal: Prosecute, convict, andpunish trafficking offenders for subjecting victims toinvoluntary servitude; train police and magistrates to recognizeindicators of trafficking and investigate trafficking crimesunder the country’s anti-trafficking law; begin proactive victimidentification programs, including screening vulnerablepopulations, such as women in prostitution and childrenbegging in the streets; expand government-funded sheltersor partner with international organizations to establish widersheltering options for trafficking victims; appoint an agencyto lead the government’s anti-trafficking efforts and clarifythe specific roles of the Ministry of Family and the Ministryof Justice in those efforts; develop appropriate referral pathwaysfor victim care; expand labor investigations in the informalsector of the economy; and allocate funding to the NationalTask Force for the implementation of the National Action Planto Combat Trafficking.ProsecutionThe Government of Senegal’s anti-trafficking law enforcementefforts worsened during the reporting period. Senegal’s 2005Law to Combat Trafficking in Persons and Related Practicesand to Protect Victims prohibits all forms of trafficking andprescribes penalties of five to 10 years’ imprisonment forviolations, which are sufficiently stringent and commensuratewith those prescribed for other serious crimes, such asrape. In 2011, the government charged three defendantsfor trafficking in conjunction with charges for other crimes.However, the charges were eventually dropped at trial. Thesenumbers constitute a substantial decline from the previousreporting period, during which the government secured 10prosecutions and nine convictions in 2010. The governmentdoes not maintain or publish statistics relating to humantrafficking investigations. During the reporting period,there were no prosecutions based solely on the 2005 anti-trafficking law. Instead, when the law is enforced, it is alwaysin conjunction with other charges, such as child abuse. Manylaw enforcement and judicial personnel remained unaware ofthe anti-trafficking law’s existence and may have used otherstatutes to investigate and prosecute trafficking cases. Thislack of awareness continued to hinder efforts to collect dataon human trafficking prosecutions.During the reporting period, police in Kaolack reportedlyarrested two Koranic teachers for allegedly brutally beatingstudents who they had forced to beg for money in the street.While local observers had hoped prosecutors would bringtrafficking and labor law charges against the teachers, courtofficials charged the teachers with child abuse and did not viewthe case as involving child trafficking or treat the children astrafficking victims. The Office for the Protection of the Rightsof Children in the Ministry of Family conducted training for96 judges and law enforcement officials on the treatment andprocessing of child trafficking victims within the Senegalesesystem. There were no investigations of government officials’involvement in human trafficking, but corruption is knownto be pervasive throughout the government, notably in lawenforcement.ProtectionThe Government of Senegal made minimal efforts to identifytrafficking victims and provide them with protective servicesduring the last year. While the government identified 596trafficking victims in the previous reporting year, it did notformally identify any victims over the last year. Referral tovictim care services was undocumented. The governmentdid not provide protective services to victims except at oneshelter for child victims, the Ginndi Center. The governmentappropriated the equivalent of approximately $150,000 to the
304SERBIAcenter to provide child victims of abuse with shelter, food,education, medical and psychological care, family mediationand reconciliation services, and vocational training. Duringthe year, the Ginndi Center’s child protection hotline received6,231 calls concerning children in distress or requestinginformation; an unknown but reportedly significant numberof these calls concerned cases of human trafficking. When theGinndi Center does return children to their families, 40 percentare subsequently found begging on the streets. The governmentdid not report repatriating any Senegalese nationals who hadbeen victims of trafficking in other countries, nor did it providetemporary or permanent residency status to foreign victimsof human trafficking. The government did not encouragevictims to participate in the investigation or prosecution oftheir traffickers.PreventionThe Government of Senegal made limited efforts to preventhuman trafficking during the reporting period. The NationalTask Force for the Struggle against Trafficking/MistreatmentEspecially of Women and Children was inactive and, despitebeing created to implement the 2008 National Action Planon Trafficking, took no action to implement the plan in2011. Recognizing the high demand for religious educationamong Senegalese parents and the potential this creates forexploitation of talibes by abusive marabouts, the Ministries ofFamily and Education worked jointly to open 20 modern daarasin which children receive both standard, formal education andKoranic education. These daaras are free from forced begging.The Ministry of Family ran an educational campaign, TheProject for the Struggle against Trafficking, and conductedpresentations and disseminated literature educating religiousleaders that Islam does not sanction forced begging. Thegovernment did not launch educational campaigns on anyother type of human trafficking. The government did not takesteps to reduce the demand for commercial sex acts or forcedlabor in Senegal. It did not provide specific anti-traffickingtraining to Senegalese troops before their deployment abroadon international peacekeeping missions, although troops didreceive training in general human rights, gender violence, andinternational rule of law.SERBIA (Tier 2)Serbia is a source, transit, and destination country for men,women, and children subjected to sex trafficking and forcedlabor, including domestic servitude. Serbian women and girlsare subjected to sex trafficking, and Serbian men and boysare vulnerable to forced labor within the country. Serbiancitizens are subjected to forced labor in other countries, andforeign victims are subjected to sex trafficking and forcedlabor in Serbia. Foreign victims of trafficking found in Serbiaoriginate primarily from other countries in Europe. Duringthe past year, foreign trafficking victims in Serbia originatedfrom Montenegro, Bosnia, Ukraine, Moldova, Albania, Turkey,Slovenia, Russia, and Austria. Children throughout thecountry, including ethnic Roma, continue to be exploited inthe commercial sex trade, subjected to involuntary servitudewhile in forced marriage, or forced to engage in street begging.Country experts reported an increased detection of labortrafficking victims in the country in 2011.The Government of Serbia does not fully comply with theminimum standards for the elimination of trafficking; however,it is making significant efforts to do so. The Serbian governmentvigorously prosecuted traffickers, increased its conviction ratefor trafficking offenders, and carried out innovative anti-trafficking prevention activities in 2011. Furthermore, it tookcritical steps to transform and institutionalize its responseto victim protection in 2011 by continuing its integration ofvictim protection for all trafficking victims, including malesand children, into the existing nationwide social protectionsystem. In late 2011, the government provided a new buildingand secured state financing to establish a stand-alone nationalagency charged with the immediate care of foreign anddomestic trafficking victims. NGOs continued to rely mostlyon foreign donors to provide psychosocial and reintegrationassistance to trafficking victims during the year. Notably,the Serbian government identified a significant number oftrafficking victims relative to the rest of Balkan region in2011 and improved its detection of forced labor. However, thegovernment must continue to strive for more effective andsystematic identification efforts to detect trafficking victims.Social workers, a key group of front-line responders, needfurther training in order to develop the capacity to identifyand provide specialized psychosocial care to victims.SE B E B ERecommendations for Serbia: Ensure that NGOs with ahistory of providing victim care in Serbia are included andintegrated in the system of direct victim care, in order toensure effective care and reintegration assistance; continueto take steps to ensure that social workers and other front-lineresponders are integrated into victim identification effortsand ensure that potential trafficking victims, including victimsof forced labor, are proactively identified throughout Serbia;ensure availability of specialized accommodations for victims;implement pending legal reforms to ensure victims receiveinstitutionalized support during judicial proceedings and sextrafficking victims are not prosecuted for prostitution offenses;take steps to ensure trafficking victims are not jailed orpunished for crimes committed as a direct result of theirtrafficking; vigorously prosecute, convict, and punish sex andlabor trafficking offenders including any officials complicitin trafficking; ensure sustained state budget funding forcomprehensive assistance, including appropriate support forNGOs providing longer-term care and rehabilitation assistanceto victims; take steps to establish formal partnerships betweenthe government’s central victim protection agency, NGOs,other social welfare centers, and front-line responders tocontinually improve outreach and victim care; encourageadoption at the local level of the interagency task force model,where appropriate, to establish a multi-disciplinary approachto handling trafficking cases; and consider the establishmentof a full-time position for a national anti-trafficking coordinator.ProsecutionThe Government of Serbia sustained vigorous anti-traffickinglaw enforcement efforts in 2011. The criminal code for Serbia
SEYCHELLES305prohibits both sex trafficking and non-sexual exploitationthrough Article 388; however, this criminal code doesnot specifically distinguish between commercial sexualexploitation and forced labor. Penalties prescribed underArticle 388 range from three to 15 years’ imprisonment; thesepenalties are sufficiently stringent and commensurate withthose prescribed for other serious offenses, such as rape. Article390 of the criminal code prescribes penalties for “slavery ora relationship similar to slavery” with penalties of one to10 years’ imprisonment. In 2011, the government reportedprosecuting 36 criminal cases (27 for sex trafficking andnine for labor trafficking) involving 68 suspected traffickingoffenders in 2011, compared with its prosecution of 47 criminalcases involving 99 suspected trafficking offenders in 2010.Courts convicted 47 trafficking offenders in 2011, convicting42 under Article 388 and five under Article 390; this is anincrease from a total of 36 trafficking offenders convicted in2010. The government reported that sentences for convictedtrafficking offenders in 2011 ranged from six months to tenyears’ imprisonment. According to Serbian law, those sentencedto less than five years’ imprisonment could be released fromdetention during their appeals of convictions. Overall, only15 out of 47 convicted traffickers were serving jail time in2011. The Ministry of Justice adopted a protocol on treatmentof victims in March 2012 to improve and institutionalizethe government’s treatment of victims and witnesses duringjudicial proceedings. Some local government officials haveinitiated an interagency “task force” approach to encouragea coordinated, victim-centered approach to addressingtrafficking cases. There were no reports of any allegationsagainst, or investigations, prosecutions, or convictions ofany officials complicit in trafficking during the reportingperiod. The government’s refusal to cooperate directly withthe Governement of the Republic of Kosovo continued tohamper Serbia’s efforts to investigate and prosecute sometransnational trafficking.ProtectionThe Government of Serbia took innovative steps toinstitutionalize protection and assistance to trafficking victimsduring the reporting period. NGOs continued to providespecialized and rehabilitative services to victims, but receivedonly limited funding from the government to provide thiscritical assistance to victims in 2011. The government agency forvictim protection in Belgrade identified 88 trafficking victimsin 2011; this compares to 89 victims identified in 2010. Theagency referred 39 victims who requested assistance to NGOassistance providers while government authorities providedother services to victims. NGOs provided comprehensivepsychosocial services and reintegration assistance to traffickingvictims during the year; these NGOs continued to rely mostlyon foreign donors to provide this critical care. In 2011 thegovernment worked towards establishing a more systematic,comprehensive response to victim protection; in November2011, the government provided a facility for its new victimprotection agency and urgent care center by innovativelyusing permanently seized criminal assets to acquire thebuilding. The government relied on international donors tohelp finance the center’s first year of operations. During thereporting period, the agency received the equivalent of $46,811from the City of Belgrade government for victim protectionservices. In March 2012, the Government of Serbia providedfunding in the amount equivalent to $54,651 to the agency,which was mandated to grant formal victim status and provideprotection to victims. In practice, specific support continued tobe provided by NGOs. The agency remained understaffed in2011 during the transition period as the government continuedto implement its social welfare legislation. Country expertsreport that the government has yet to establish the capacityto provide specialized psychosocial care required by victimsof trafficking, especially children.The government drafted a protocol on treatment of victimsin June 2011, and formally adopted it in March 2012 afteran extended consultation period, in an effort to improveand institutionalize the government’s treatment of victimsand witnesses during judicial proceedings. Country experts,however, noted concern that some judges demonstrated alack of understanding of trafficking and reported victims’secondary victimization during court proceedings. Accordingto an NGO that monitored trials, victims may still be subjectedto intimidation from their traffickers in court. Although thecourts may employ victim-sensitive approaches by allowingvideo testimony or prepared statements, these protectionmeasures were rarely used in practice. NGOs continued toreport that authorities failed to recognize some victims oftrafficking, occasionally resulting in victims being detained,jailed, otherwise penalized, or even prosecuted for unlawfulacts committed as a direct result of their being trafficked. A2011 report on labor trafficking, based on cases in previousyears, found some labor trafficking victims were jailed basedon their illegal residence in Serbia.PreventionThe government significantly improved its traffickingprevention efforts during the reporting period. As a centralpart of Serbia’s 2011 national awareness-raising campaignentitled “Better Prevent than Cure,” the government co-financed and widely disseminated “Sestre” (Sisters), an awardwinning film on trafficking, to target potential youth victimsthroughout Serbia and the region. During Serbia’s annualanti-trafficking month in October 2011, numerous officialstook part in public events and radio and TV shows to raiseawareness about human trafficking. The Ministry of Interiorofficial charged with coordinating Serbia’s anti-traffickingefforts continued to maintain an anti-trafficking websiteand social media site, and publicized Serbia’s anti-traffickinghotline; however, this national coordinator was not fundedas a full-time position. The Ministry of Interior also devotedits October 2011 bulletin to activities of police, and regionaland NGO counterparts, in anti-trafficking prevention. Thegovernment coordinated with international stakeholders todevelop a new anti-trafficking strategy and action plan, butdid not issue a new national anti-trafficking action plan afterthe expiration of its current plan in 2011. The government didnot report any efforts to reduce the demand for commercialsex acts. The government has not identified a problem withchild sex tourism.SEYCHELLES (Tier 2 Watch List)Seychelles is a source and destination country for Seychelloischildren and foreign women subjected to sex trafficking.Seychellois girls and, to a lesser extent, boys are induced intoprostitution – particularly on the main island of Mahe – bypeers, family members, and pimps for exploitation in nightclubs,bars, guest houses, hotels, brothels, private homes, and onthe street. Young drug addicts are also vulnerable to being
306SEYCHELLESforced into prostitution. Foreign tourists, sailors, and migrantworkers (particularly those in the fishing and constructionsectors) contribute to the demand for commercial sex acts inSeychelles. In July 2011, Hungarian authorities apprehendedthree suspected traffickers who allegedly procured women forprostitution in Middle Eastern countries and Seychelles. OneSeychellois trafficking victim was identified in the UnitedKingdom in early 2011. Foreign migrant workers – mainlyemployed in the construction and commercial fishing sectors– comprise 24 percent of Seychelles’s formal sector labor force.Some Indian migrant workers reportedly have experienced poorconditions, including underpayment of wages and substandardhousing. The demand for services provided by foreign domesticworkers and in-home caregivers – including Filipinas, Malagasy,Indians, and Kenyans – reportedly is increasing in Seychelles;39 such workers migrated to Seychelles in 2010.The Government of Seychelles does not fully comply with theminimum standards for the elimination of trafficking; however,it is making significant efforts to do so. The government madeinitial efforts to take law enforcement action against traffickingoffenders and continued a program to raise awareness of thedangers of prostitution among the youth population. Despitethese efforts, it prosecuted and convicted children exploitedin brothel-based prostitution rather than identifying themas trafficking victims and did not remove them from thepremises upon which they had been exploited. It made noefforts to rectify contradictions in its existing laws relatingto the sex trafficking crimes of child prostitution and forcedprostitution of adults. As a result, Seychelles is placed onTier 2 Watch List. In late 2011, the government entered intodiscussion with UNODC regarding the creation of a nationalanti-trafficking policy and comprehensive legislation, which,if enacted, would greatly enhance its ability to combat humantrafficking.SE E ES E B ERecommendations for Seychelles: Expand ongoing effortsto educate government officials and the general public aboutthe nature of human trafficking; more frequently utilizeexisting legislation to investigate and prosecute traffickingoffenses, and convict and punish trafficking offenders; draftcomprehensive anti-trafficking legislation that clearly definestrafficking offenses and prescribes sufficiently stringentpunishments; increase prescribed penalties for forced laboroffenses in Section 251 of the Penal Code Act; amend thePenal Code to harmonize the duplicative and contradictorysections addressing sexual offenses crimes – particularly thoserelated to the exploitation of children in prostitution – toensure the prohibition of and sufficiently stringent punishmentfor the prostitution of all persons under 18 years of age andthe forced prostitution of adults; employ the existing districttask force structure to increase the identification and referralof victims to protective services, particularly to safe shelterand counseling; formalize the role of the newly formed anti-trafficking committee to facilitate communication andcoordination among the relevant ministries, law enforcemententities, working groups, and NGOs; institute a standardizedcontract governing the employment of domestic workerswithin private homes; and launch a campaign to educateforeign tourists and migrants entering the country about theillegality of purchasing sexual services in Seychelles and thepunishment available under local laws.ProsecutionThe government made limited efforts to address traffickingcrimes through law enforcement action during the reportingperiod. While the government demonstrated progress byachieving convictions of three sex trafficking offenders in 2011,it also criminally prosecuted and convicted two children inthe same case rather than identifying and treating them assex trafficking victims. Seychelles law does not specificallyprohibit human trafficking, although existing penal and laborcode statutes prohibit slavery, forced labor, pimping, andbrothel keeping, under which traffickers could be prosecuted.Section 251 of the Penal Code Act prohibits and prescribesa punishment of three years’ imprisonment for forced labor,penalties which are not sufficiently stringent. Section 249 of thepenal code outlaws slavery and prescribes sufficiently stringentpenalties of 10 years’ imprisonment. Sections 155, 156, and138 of the penal code outlaw brothel-keeping, pimping, andprocuring women or girls to engage in prostitution withinSeychelles or abroad, prescribing punishments of three years’,five years’, and two years’ imprisonment, respectively. Noneof these penalties are commensurate with those prescribedfor other serious crimes, such as rape. Enforcement of lawsrelating to the prostitution of children is hampered by unclearand conflicting statutes that fail to define clearly the ages ofconsent and legal majority, creating confusion between thetraditionally understood age of consent of age 15 and thelegal age of majority of age 18.Police, social welfare, and labor officials did not initiate anyinvestigations of suspected cases of child prostitution, forcedprostitution of adults, or forced labor during the reportingperiod, and indicated that they had not received any suchcomplaints, although one NGO said that it had reportedsuspected incidences of child prostitution to the police duringthe year. In 2011, the court prosecuted a case involving fiveindividuals accused of operating a brothel in Bel Air; all fivedefendants, including three adults and two girls who wereages 16 and 17 at the time of arrest, pled guilty in March 2012and were awaiting sentencing at the close of the reportingperiod. The government does not use provisions contained inthe penal code or the Employment Act of 1990 to criminallypunish violations of workers’ rights, but disputes arisingfrom allegations of such violations are reportedly settledthrough mediation at the Employment Tribunal withoutformal prosecution; information regarding cases handledby this tribunal was not available. The government did notprovide law enforcement training for its officials in how torecognize, investigate, or prosecute instances of trafficking.It did not report taking law enforcement action against anypublic officials complicit in human trafficking, but there wereno reported cases of such complicity during the year.ProtectionThe government made limited efforts to identify traffickingvictims or provide them with protective services during theyear. The government neither identified nor provided protectiveservices to the two aforementioned child sex traffickingvictims, but instead prosecuted them for crimes committed
SIERRALEONE307as a result of being trafficked; the victims continued to residein the brothel at the close of the reporting period due to lackof shelter facilities and the refusal of their families to receivethem back. The Department of Social Development’s (DSD) 25district task forces on social ills – comprised of social workers,police, community nurses, youth workers, school counselors,NGOs, religious organizations, and other civil society groups– are charged with responding to specific situations of concernin each locality; while some of these task forces reportedlyidentified cases of children in prostitution during the reportingperiod, the DSD did not provide information regarding thenumbers of sex trafficking victims identified or the protectiveservices, if any, afforded to such children. Social workersand police are not believed to have conducted home visits orprovided counseling to the families of children in prostitution.In 2011, the government provided an unknown amount offunding to NGOs that afforded limited services to a smallnumber of victims of child prostitution. Seychelles doesnot have a formal referral process to systematically transfertrafficking victims to service providers for care. NGOs reportedthat police detained prostituted children in cells overnightwithout providing social or medical services, but typicallyreleased them the following morning without charge.PreventionAwareness of human trafficking remained low within thecountry, but rose in 2011 as a result of the government’snascent public awareness raising efforts. In November 2011, thegovernment established a national anti-trafficking committeecomprised of representatives from the police, Ministry ofSocial Development, the Attorney General’s Office, Ministry ofForeign Affairs, and the Ministry for Home Affairs’ ImmigrationDivision to serve as a coordinating body for collaboration andcommunication on trafficking matters. In December 2011,representatives of six government ministries participated in atwo-day UNODC-led workshop on incorporating the 2000 UNTIP Protocol into national legislation and developing a nationalpolicy framework on human trafficking; the governmenthas yet to finalize the recommendations resulting from thisworkshop. The government made some efforts to continueimplementation of its “Plan of Action to Tackle Social Ills(2009 – 2010),” which aims to address the country’s drug andsex trades and, according to the DSD, remains binding thoughtechnically expired. For example, in July 2011, the governmentand a foreign embassy co-hosted an awareness raising eventon the exploitation of children in prostitution attended by120 government officials, representing nearly 1.5 percentof Seychelles’s civil service. In the same month, the policeconducted a one-day workshop for 15 teenagers from variouseducational institutions to raise awareness of the dangers ofprostitution and drug use. During the reporting period, theDSD also conducted three public talks for 114 high schooland Polytechnic students identified by school counselors asyouth at high risk for exploitation, which addressed, in part,the dangers of engaging in prostitution. The EmploymentDepartment of the Ministry of Education, Employment,and Human Resources attested to the contracts of foreignworkers migrating to Seychelles and the Immigration Divisionapproved applications for work permits. These entities jointlymaintained an automated system to monitor the immigrationand employment status of migrants working within the country.The activities of the Committee for Employment of Non-Seychellois, which guided the government’s policies on therecruitment of foreign workers to meet the local demand forlabor, were suspended in November 2011 pending a reviewof the government’s labor migration policies. The Ministryof Employment’s Expatriate Employment Section maintaineddata on migrant workers and visited workplaces together withthe Labour Monitoring and Compliance Section; these entitieshave never identified a case of forced labor. The Ministry ofEducation, Employment and Human Resources reportedlyintervenes when workers complain about their employmentconditions to ensure that workers’ rights are respected. Insome cases, governmental authorities had no option but tocommunicate with workers through interpreters providedby the employers; recognizing this situation as problematicin gaining workers’ trust, the government instituted a newrequirement in 2011 that any foreign workers migrating toSeychelles be able to speak English. The government took nolaw enforcement action against foreign nationals suspectedof purchasing sexual services in Seychelles.SIERRA LEONE(Tier 2 Watch List)Sierra Leone is a source, transit, and destination country formen, women, and children subjected to forced labor and sextrafficking. Victims originate largely from rural provinceswithin the country, and are recruited to urban and miningcenters for the purposes of exploitation in prostitution,domestic servitude, and forced service or labor in artisanaldiamond and granite mining, petty trading, portering, rock-breaking, street crime, and begging. Trafficking victimsmay also be found in the fishing and agriculture sectorsor are subjected to sex trafficking or forced labor throughcustomary practices such as forced and arranged marriages.Sierra Leoneans voluntarily migrate to other West Africancountries, including Mauritania and Guinea, as well as to theMiddle East and Europe, where they are subsequently subjectedto forced labor and forced prostitution. Sierra Leone may alsobe a destination country for children trafficked from Nigeria,and possibly from The Gambia, Cote d’Ivoire, and Guinea, forforced begging, forced labor, and exploitation in prostitution.The Government of Sierra Leone 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 progress in addressinghuman trafficking over the previous year; therefore; SierraLeone is placed on Tier 2 Watch List. Awareness of existinganti-trafficking laws remained weak, courts convicted notrafficking offenders, and fewer suspects were charged withtrafficking crimes compared with the previous year. While thegovernment acknowledged that trafficking is a problem in thecountry, it did not make efforts to identify trafficking victims,to allocate adequate financial or human resources to provideprotective services to victims, or to educate the populationabout the dangers of trafficking. The national trafficking inpersons task force re-submitted a budget request in late 2011,but as with past years, the funding had not been approvedby the end of the reporting period.
308SINGAPORES E E E E B ERecommendations for Sierra Leone: Increase penaltiesprescribed under law for sex trafficking offenses; increaseefforts to prosecute, convict, and punish trafficking offendersusing the 2005 Anti-Trafficking in Persons Act; finalize thedraft national action plan; in collaboration with civil societyorganizations, train police and prosecutors to identify,investigate, and prosecute trafficking cases; ensure that draftanti-trafficking legislation provides a clear definition oftrafficking and does not conflate it with the separate crime ofmigrant smuggling, and enact such legislation; include fundingfor anti-trafficking activities in the national budget and beginallocating funds accordingly through the appropriategovernment structures, such as the national trafficking inpersons task force; train law enforcement officers and socialworkers to identify trafficking victims proactively amongvulnerable populations, such as women in prostitution,unaccompanied minors, or undocumented migrants, andprovide them with protective services; increase partnershipwith NGOs and support their efforts either financially orthrough in-kind donations; improve efforts to collect data onanti-trafficking law enforcement efforts and victim assistance;in collaboration with civil society organizations, increaseefforts to raise public awareness about the dangers oftrafficking; and ratify the 2000 UN TIP Protocol.ProsecutionThe Government of Sierra Leone’s anti-trafficking lawenforcement efforts decreased in 2011. The Anti-Traffickingin Persons Act of 2005 prohibits all forms of human traffickingand prescribes a maximum penalty of 10 years’ imprisonmentor a fine of the equivalent of approximately $4,650 for both sexand labor trafficking offenses. These penalties are sufficientlystringent, but not commensurate with penalties for otherserious crimes, such as rape. During the reporting period,prosecutions were initiated against four alleged traffickingoffenders and none were convicted, compared with 18suspected trafficking offenders prosecuted and six convictedduring the previous reporting period. The cases that wereprosecuted involved: the attempted sale of a 65-year-oldmale; the attempted sale of a 16-year-old girl; the commercialsexual exploitation of a 10-year-old girl and a 13-year-oldgirl. In addition, in January 2012, the court remanded asuspected trafficker for attempting to traffic a young man.The draft anti-trafficking legislation submitted to the cabinetfor review in November 2010 has not yet been passed by thelegislature or enacted into law. Members of the task forcereported the bill would establish a national anti-traffickingagency and guarantee government funding for its activities,increase prescribed penalties for trafficking offenses, andrequire the provision of protective services for victims. Thegovernment did not provide information about the statusof 17 investigations pending at the close of the previousreporting period. The government did not provide specializedtraining to its officials on investigating or prosecuting humantrafficking offenses; however, the Sierra Leone police continuedto use manuals produced by an NGO to train new recruits toidentify trafficking victims. The government did not report anyinvestigations or prosecutions of public officials complicit inhuman trafficking; however, the Sierra Leonean Ambassadorto Belgium is currently under investigation by the Belgianpolice for allegedly trafficking three Sierra Leonean citizensto Belgium for domestic servitude.ProtectionDuring the year, the Sierra Leonean government demonstratedlimited efforts to protect child trafficking victims, the mostsignificant population of trafficking victims in the country. In2011, the government identified four foreign trafficking victims– from Nigeria, Liberia, Cote d’Ivoire, and The Gambia – butfailed to identify any Sierra Leonean victims. Despite growingconcern over the number of street children who remainvulnerable to trafficking, the Governement of Sierra Leone didnot undertake proactive measures to identify victims amongthis or other vulnerable populations. The government relied onNGOs and international organizations to identify and provideservices for trafficking victims; NGOs identified 91 victimsin 2011. Identified victims were referred to the national taskforce and local NGOs on the task force referred an unknownnumber of child victims to NGO-run orphanages, reformatoryschools, or schools for street children, as no dedicated facilityfor trafficking victims existed. Victims were not encouragedto participate in the investigation of cases, and police citedvictims’ failure to appear in court as a common reason for thedismissal of cases. There were no reports that victims weredetained, fined, or jailed for unlawful acts committed as adirect result of being trafficked; however, the governmentdid not make adequate efforts to identify trafficking victims,which may have led to some victims being treated as offenders.PreventionThe government displayed limited progress in preventingtrafficking during the reporting period. The inter-ministerialnational trafficking in persons task force, comprisedof representatives from government ministries, NGOs,international organizations, and diplomatic missions, metbi-monthly during the year and completed drafting an updatednational action plan for 2011-2013. The government tookno discernible efforts to reduce the demand for commercialsex acts or forced labor. The government did not provideSierra Leonean troops anti-trafficking training prior to theirdeployment abroad on international peacekeeping missions,though such training was provided by a foreign donor. SierraLeone is not a party to the 2000 UN TIP Protocol.SINGAPORE (Tier 2)Singapore is a destination country for men, women, and girlsfrom China, India, the Philippines, Indonesia, Sri Lanka,Bangladesh, Thailand, Vietnam, and elsewhere in SoutheastAsia, subjected to sex trafficking and forced labor. Some womenare recruited through offers of legitimate employment anddeceived about the nature or conditions of the prospectivework. Others enter Singapore with the intention of engagingin prostitution but upon arrival are subjected to forcedprostitution under the threat of serious harm, includingfinancial harm. Child sex trafficking occurred in Singapore.During the reporting period, one such case received substantial
SINGAPORE309media attention; military officers and government officialsallegedly were among the dozens of “clients” involved.There are over 1.1 million foreign workers in Singapore,comprising more than one-third of Singapore’s total laborforce. The majority of these are unskilled and semi-skilledworkers employed in construction, domestic service, andthe hospitality and service industries. Many foreign workersin Singapore assume debts to recruitment agencies in bothSingapore and their home countries associated with theiremployment, making the workers vulnerable to forced labor.Foreign workers also reported confiscation of their passports,restrictions on their movements, illegal withholding of theirpay, threats of forced repatriation without pay, or physicalor sexual abuse – all indicators of potential trafficking. Menare subjected to forced labor on long-haul fishing boats thatdock in Southeast Asian ports, including Singapore. Workersreported severe abuse by fishing boat captains, the inabilityto disembark from their vessels, the inability to terminatetheir contracts, and the nonpayment of wages.Some employers in Singapore rely on repatriation companiesto seize, confine, and escort – including through the use ofassaults, threats, and coercion – foreign workers to the airportto prevent them from complaining of abuses to authorities. A2010 report produced by NGOs found that, on average, Indian,Bangladeshi, and Chinese migrant workers in Singapore,paid fees to employment agencies that constitute at least10 months of their potential earnings; such debt makesmigrants vulnerable to forced labor, including debt bondage.The government amended the Employment Agencies Act tolimit agency fees in Singapore to one month of wages peryear of contract. Exorbitant fees are sometimes the resultof multiple layers of sub-contracting to smaller agenciesand individual recruiters in source countries, commissionspaid to Singaporean agencies, and sometimes, kickbacks toSingaporean employers. To hide illegal fees, some agenciesand employers mask them as payments from the worker forpersonal loans or as other payments, making it difficult forworkers to understand how their wages were calculated andleaving them vulnerable to debt bondage. Foreign workers havecredible fears of losing their work visas and being deported,since employers have the ability to repatriate workers atanytime during their contracts. Additionally, low-skilledworkers are prohibited or severely restricted from seekingalternative employment, on transferring employers andSingaporean employers can submit complaints about workerbehavior to have future employment bans placed on them.The Government of Singapore does not fully comply withthe minimum standards for the elimination of trafficking;however, it is making significant efforts to do so. In February2012, the Singapore Interagency Task Force released for publiccomment its National Plan of Action, which was crafted afteran extensive consultative process with local NGOs involved inanti-trafficking issues and the protection of migrant workersand an open comment period seeking broader input fromforeign governments and other international stakeholders. Thegovernment strengthened its anti-trafficking prevention andpublic awareness efforts among foreign workers and fishermen.During the year, the government continued to prosecuteand convict sex trafficking offenders, but it failed to imposeadequate penalties; convicted offenders received punishmentsof fines or up to nine months’ imprisonment. The governmentdeveloped and implemented guidelines for identifying labortrafficking cases, and identified 124 alleged victims of forcedlabor during the year, although the government did not reportproviding all these victims with services. These investigativeefforts did not result in any prosecutions or convictionsof labor trafficking offenders during the reporting period.Singaporean men reportedly have been a source of demandfor child sex tourism in Southeast Asia.S P E E B ERecommendations for Singapore: Make effective use ofthe new national plan of action, particularly by strengtheninginvestigations, prosecutions, and sentencing of both sex andlabor trafficking offenders, identifying possible traffickingvictims among migrant laborers and persons in prostitution,and dedicating exclusive resources to addressing the country’shuman trafficking problem through greater assistance totrafficking victims; draft and enact legislative revisions tobring Singapore’s legal code into tighter conformity withinternational anti-trafficking standards; prosecute employersand employment agencies who unlawfully confiscate workers’passports as a means of holding them in a state of involuntaryservitude, or who use other means to extract forced labor;increase efforts to investigate and prosecute repatriationcompanies that forcefully and illegally restrain and repatriatemigrant workers who would otherwise complain about forcedlabor conditions; make greater efforts to support victimsassisting in the investigation process in obtaining employment;extend the government’s legal aid scheme to cover foreigntrafficking victims to ensure that all employees have equalaccess to judicial redress; continue public awareness campaignsto inform citizens and residents of the penalties for involvementin trafficking for sexual exploitation or forced labor; andconsider acceding to the 2000 UN TIP Protocol.ProsecutionThe Government of Singapore demonstrated limited lawenforcement efforts to combat trafficking in persons during theyear. Singaporean law criminalizes some forms of traffickingthrough its Penal Code and Women’s Charter. Singaporeanlaw does not prohibit the forced prostitution of men, althoughthere is no evidence of this occurring in Singapore. Article140 of the Women’s Charter does not prohibit non-physicalforms of coercion, such as debt bondage or threat of abuse ofthe legal process, and Article 141 only prohibits the movementof women and girls for trafficking, and does not define theterm “trafficking.” Penalties prescribed for sex traffickingoffenses in the Women’s Charter include a maximum offive years’ imprisonment, which is sufficiently stringent, butnot commensurate with other serious crimes, such as rape.During the year, the government reported convicting foursex trafficking offenders, compared with six such convictionsduring the previous year, but it did not prosecute or convictany labor trafficking offenders. The government did notdemonstrate increased efforts to apply stringent penaltiesto convicted offenders; traffickers were given low penaltiesranging from fines to nine months’ imprisonment. Anadditional three cases confirmed to constitute sex traffickingwere identified but not prosecuted, and 18 cases remained
310SINGAPOREpending at the close of the year. Singaporean authoritiesexhibited greater efforts to proactively identify sex traffickingcases during the year; the government reported identifying 54percent of suspected sex trafficking and related cases duringvice operations during the year.While the Ministry of Manpower (MOM) maintainedresponsibility for investigating all labor abuses, the police wereresponsible for investigating any criminal offenses under thePenal Code’s forced labor statute. In August 2011, the Attorney-General’s Chambers (AGC) developed a special unit with 15prosecutors to coordinate the investigation and prosecutionof vice-related cases, including trafficking. A foreign embassy,concerned about the treatment of its nationals on fishingvessels that dock in Singapore, continued its engagement onbehalf of the fisherman with the government of Singapore. Inits National Self-assessment Report on Trafficking in Persons2011, the Singapore Inter-Agency Taskforce stated its positionon jurisdictional issues as follows: Singapore does not havejurisdiction over foreign fishermen working in off-shore waterson non-Singapore flags. The government did not report anyprosecutions or convictions of suspected human traffickingon fishing vessels during the year.Some Singaporean employment agencies reportedly adviseemployers to confiscate the passports of their foreign employees– a practice that is well-documented in facilitating forcedlabor. Although the MOM conducted proactive operationsto inspect repatriation companies and employment agencies–and identified passport withholding, an indicator of humantrafficking in at least 20 of these cases – it did not refer anyleads to the police for investigation or prosecution of possibletrafficking.While the Employment Agencies Act prohibited Singaporeanemployment agencies from charging job seekers more than onemonth’s salary per year, for a maximum of two years, manyagencies continued to charge migrant workers thousands ofdollars in recruitment fees, making them vulnerable to forcedlabor. The government continued to facilitate anti-traffickingtraining opportunities for its police force, prosecutors, andother government officials. Although officials continued toface challenges in identifying labor trafficking cases and didnot identify any confirmed labor trafficking cases in 2011,the MOM and the government’s anti-trafficking task forcedeveloped and institutionalized a set of labor traffickingindicators based on international standards. During theyear, the government began implementing a series of newstandard operating procedures (SOPs) for the identificationand prosecution of trafficking cases; officials from the MOM,AGC, and the police were trained to identify labor traffickingcases using a newly developed indicator card and discussionof labor trafficking scenarios.ProtectionThe government demonstrated progress in identifying andprotecting trafficking victims during the year. The governmentreported that it provided funding to 24 “children’s homes”and dormitories that could be used to house child traffickingvictims and four shelters serving adults; however, it did notoperate any trafficking-specific shelters. The governmentreported allocating the equivalent of $1.6 million to shelterand social services for crime victims during the year but didnot dedicate exclusive resources to protecting traffickingvictims. The government reported 182 victims – 58 for sextrafficking and 124 for forced labor – identified duringtrafficking-related law enforcement actions. The governmentreported providing assistance to 29 sex trafficking victimsand 68 labor trafficking victims; those whose cases did notresult in a prosecution were repatriated within two to fourweeks. One NGO reported identifying approximately 25 sextrafficking victims and 21 victims of forced labor, and oneforeign embassy reported assisting 27 women forced intoprostitution and 16 men exploited in the fishing industry.The government reported identifying six Singaporeanvictims during the year. Authorities introduced new toolsfor identifying victims of forced labor including an indicatorcard and a document outlining labor trafficking scenarios.The resulting unprecedented identification of 124 suspectedlabor trafficking victims was notable. Authorities continued toutilize sex trafficking indicator cards to identify victims duringvice operations. According to NGOs and foreign embassies,inadequate victim identification resulted in the possibilitythat trafficking victims were among the approximately 5,200individuals arrested for prostitution violations during theyear. Such individuals may have been subjected to penaltiesfor immigration violations and/or for soliciting.Domestic workers in Singapore, the vast majority of whom areforeigners, are excluded from the Employment Act, includingprotections such as mandatory rest days, limits on hoursof work, and other rights. The lack of a mandatory day offprovided under Singaporean law to domestic workers continuedto restrict their opportunities to seek help when faced withabuses, including forced labor conditions. In February 2012,the government took steps to address this when it announcedplans to require employers to grant domestic workers a weeklyrest day; this policy is slated to come into effect in January 2013.The government did not provide incentives such as legal aidfor the pursuit of civil suits, for foreign victims to participatevoluntarily in investigations, and prosecutions of traffickingoffenses. Victims were not permitted to leave Singapore beforethe start of court proceedings, and lengthy investigations andprosecutions – often six to 12 months – posed a disincentiveto victims to participate. The government reported that somevictims received Special Passes, which allowed them to staylegally in Singapore for a temporary period. The MOM reportedthat 34 suspected labor trafficking victims who assisted thegovernment as prosecution witnesses received authorization towork temporarily in Singapore. There are reports that victimsof trafficking often do not wish to file official complaints toSingaporean authorities. When cases were being investigatedor prosecuted, the government generally held the victims’passports and declined their requests for repatriationbecause they were considered material witnesses. Foreignworkers, including fishermen, face significant difficultieswhen attempting to seek redress for their problems, such asunpaid wages and wage deductions, which contribute to theirvulnerability to trafficking. The MOM provides case workersto assist some foreign workers who encounter problems inthese areas.PreventionThe government increased its efforts to prevent traffickingin persons during the year. In March 2012, the Inter-AgencyTask Force on Human Trafficking launched the country’s firstNational Plan of Action to coordinate the government’s anti-trafficking activities. The plan, which sets forth goals in theareas of prosecution, protection, prevention and partnership,was the result of consultations with civil society organizations,
SLOVAKREPUBLIC311foreign governments, and the public. Also in March 2012,the government published its first annual self-assessment,documenting its efforts to combat trafficking during theyear, and including recommendations for future actions. Thegovernment increased efforts to educate the public throughtelevision and print media campaigns about the dangers oftrafficking. The government installed posters in a fishing portproviding information for exploited workers to contact thegovernment for assistance. During the year, the task forceproduced a newsletter and brochure for work permit holders,which provides a checklist for workers about situations inwhich they should approach the MOM for assistance. Duringthe year, the MOM conducted inspections of four repatriationcompanies and responded to 36 complaints of foreign workerswho allegedly had their passports confiscated by employersor labor brokers; 20 employment agencies confirmed to bewithholding passports – an indicator of human trafficking– were issued warnings and received demerit points, but thecases were not referred to police for criminal investigation.Police and MOM inspectors reported receiving 446 cases oflabor violations that could have contributed to labor trafficking,although the government could not substantiate any labortrafficking cases in 2011. Authorities continued compulsorycourses on employment rights and responsibilities for allincoming foreign domestic workers and their employers,and during the year the government instituted pre-departurebriefings for 829 workers in three labor-source countries.The government provided foreign workers with writtenmaterials explaining their rights in their native languagesand providing contact information for reporting complaints tolabor authorities, and warned employers that it is an offense toconfiscate any of these materials. In 2011, the MOM conducted3,015 labor inspections to observe working conditions incommercial worksites, but it is not known whether suchinspections led to the identification of any suspected traffickingvictims. The government identified 1,355 employment agenciesassessed to be “dubious,” and prevented 1,180 workers fromentering the country to work under potentially false pretenses,but it is not know what, if any, actions the government tookto sanction these operations. The government reportedissuing educational posters to repatriation companies toeducate foreign workers on their rights. The governmentreported investigating 67 trafficking-related labor cases and13 prostitution cases, classified as “substantiated cases withsome trafficking in persons elements;” the majority of the laborcases were dismissed with a stern warning, a compounded fine,or no action. Two individuals in these cases were convictedof trafficking-related labor violations and were sentencedto probation or received warnings, and 12 cases remainunder investigation. The government did not make effortsto reduce the demand for commercial sex acts in Singapore’scommercial sex industry. Although Singaporean law providesfor extraterritorial jurisdiction over Singaporean citizens andpermanent residents who sexually exploit children in othercountries, the government has never investigated, prosecuted,or convicted a national or permanent resident for child sextourism. There were no reports of Singaporeans engaging inchild sex tourism during 2011. Singapore is not party to the2000 UN TIP Protocol.SLOVAK REPUBLIC (Tier 1)The Slovak Republic (or Slovakia) is a source, transit, anddestination country for men, women, and children subjectedto sex trafficking and forced labor. Slovak men and women aresubjected to forced labor in the agriculture and constructionin Western Europe, primarily the United Kingdom. Slovakchildren are subjected to forced criminal behavior in theUnited Kingdom. Slovak women are subjected to sex traffickingin the Netherlands, Slovenia, Denmark, Germany, and otherareas of Europe. Ukrainian and Romanian men and womenare allegedly forced to work in the Slovak Republic. Victims arereportedly transported through the Slovak Republic from theformer Soviet Union and forced into prostitution within thecountry and throughout Europe. Roma children, women, andmen are subjected to forced begging in Switzerland and othercountries in Western Europe. Roma from socially segregatedrural settlements were disproportionately vulnerable to humantrafficking, as they were underemployed, undereducated andlack of access to quality education due in part from segregationspecialized schools, and subjected to discrimination by lawenforcement personnel. Traffickers, particularly prominentindividuals in Roma communities, found victims throughfamily and village networks, preying on individuals withlarge debts owed to usurers or individuals with disabilities.The Government of the Slovak Republic fully complies withthe minimum standards for the elimination of trafficking.Improvements, however, are needed. The governmentcollaborated closely with NGOs to offer comprehensivecare to trafficking victims through the National Program toCombat Trafficking in Persons. The government successfullyconvicted a former mayor who had been complicit in thesex trafficking of Slovak women, sentencing the mayor tofour-and-a-half years’ imprisonment. The government alsolaunched a successful campaign to raise awareness of labortrafficking. Nevertheless, government efforts to make victimidentification by police more proactive remained weak. Despiteindications of labor trafficking in Slovakia, police again failedto identify any foreign victims in the country. Sentencing fortrafficking offenders decreased; of nine convicted offenders,only three received non-suspended prison sentences. Finally,the government does not have any legal provisions that wouldallow authorities not to prosecute trafficking victims forcrimes they committed as a result of their trafficking. NGOsdid not report any cases of trafficking victims having beenprosecuted for such crimes.S EP B E B ERecommendations for the Slovak Republic: Greatlyincrease efforts to identify trafficking victims proactively;increase efforts to identify trafficking victims in Romacommunities, including through greater outreach by lawenforcement personnel; identify children under age 18 whoare engaged in prostitution as trafficking victims; increaseproactive victim identification at labor sites, includingagriculture and construction; improve the functioning of theExpert Group by ensuring that government agencies areaccountable for their roles in fulfilling the government’s anti-trafficking plan; strengthen procedures for identification,referral, and care of child trafficking victims; adopt legalprovisions that would permit authorities not to prosecute
312SLOVAKREPUBLICtrafficking victims for offenses compelled as a result of theirtrafficking; provide socially inclusive social work support tohighly vulnerable communities to reduce the incidence oftrafficking; continue training and capacity building forinvestigators, prosecutors, and judges, to ensure that traffickingcrimes are vigorously investigated and prosecuted andoffenders are convicted and punished with time in prison;ensure that all judicial trainings and law enforcement trainingprograms address labor trafficking; adopt procedures to permitauthorities to prosecute trafficking in cases where the victimhas not filed a complaint or withdraws a complaint; ensurethe provision of adequate specialized shelter for male victimsof trafficking; and conduct a demand-reduction awarenesscampaign to educate Slovaks and persons visiting the countryabout the potential links between prostitution, exploitation,and trafficking.ProsecutionThe Government of Slovakia displayed mixed efforts toinvestigate and prosecute human trafficking offenses duringthe reporting period. Nevertheless, sentences imposed onconvicted trafficking offenders weakened during the year.The Slovak Republic prohibits all forms of trafficking throughSections 179, 180, and 181 of its criminal code, which prescribepenalties of between four years’ and life imprisonment forviolations. These penalties are sufficiently stringent andare commensurate with those prescribed for other seriouscrimes, such as rape. In 2010, Slovak officials investigatedapproximately 19 cases of trafficking in persons, includingat least one labor trafficking case. In 2010, Slovak authoritiesinvestigated approximately 15 cases of trafficking in persons.The high-profile case cited in the 2011 TIP Report involvingapproximately 340 forced laborers from Ukraine and Romaniaremained pending, and the four alleged traffickers involvedin the case were held in prison awaiting prosecution. Slovakauthorities initiated the prosecution of one trafficking offender,in contrast to five trafficking offenders prosecuted in 2010.Nine trafficking offenders were convicted in 2011, an increasefrom six trafficking offenders in 2010. Nevertheless, shortsentences given to convicted offenders remained a weaknessof the Slovak courts; only three out of the nine offendersconvicted in 2011 received prison sentences that were notsuspended. The longest such sentence was four-and-a-halfyears’ imprisonment, which was imposed on a mayor forcomplicity in the sex trafficking of two Slovak females. Oneoffender was sentenced to one year in jail, and one offender wassentenced to one year and 10 months in prison. The remainingsix offenders received suspended sentences. In 2010, threeout of the six trafficking offenders were sentenced to time injail. Police statistics reveal that the procurement of childrenwas not always charged as a trafficking offense. Nevertheless,Slovak police collaborated with law enforcement officials in theUnited Kingdom to investigate a labor trafficking case in whichSlovak individuals from socially disadvantaged communitieswere promised well-paid work cleaning vegetables, but insteadwere delivered to employers who paid them poorly for 16-hour workdays under duress. The Slovak police operationtargeting the labor recruiters in the case reportedly involvedapproximately 100 officers.Slovak law enforcement agencies have assigned authorityfor combating trafficking to the Division on Trafficking inHuman Beings of the Office for Combating Organized Crime.The specialist division had 17 trained staff members. Thegovernment trained border officials on human trafficking,although a report by the Council of Europe’s Group of Expertson Action against Trafficking in Human Beings (GRETA)concluded that the border guards did not subsequently takeproactive measures to identify victims. The Slovak JudicialAcademy continued to incorporate trafficking in persons inits curriculum of basic prosecutorial and judicial trainingprograms. The government reported that it regularly providedtraining to police officers, social workers, and labor inspectors.ProtectionThe Slovak government displayed mixed protection effortsduring the reporting period. While it sustained closepartnerships with NGOs to care for trafficking victims,proactive victim identification in Slovakia remained weak.Government care for trafficking victims was organized throughthe National Program of Support and Protection of Victimsin Trafficking in Human Beings. The program employed arelatively low evidentiary threshold for recognizing personsas trafficking victims. Any governmental agency or nonprofitorganization was empowered to identify trafficking victims.The program offered victims emergency care for up to 90 days,financial stipends, psychological assistance, health care, andinterpretation. Although Slovak authorities in departmentsspecializing in the care of children underwent training inthe identification of child victims of trafficking, there wereno special procedures for the referral of child traffickingvictims for care. The GRETA report concluded that the careof unaccompanied minors in Slovakia needed improvement.Unaccompanied minors went missing from a children’sfacility, and there were suspicions that traffickers may havebeen involved. Nonprofit organizations, funded through theMinistry of Interior, offered specialized shelter and care fortrafficking victims. The government funded assistance for31 victims of trafficking in 2011 and for 29 victims in 2010.Seventeen of the victims assisted in 2011 were women, 13 weremen, and one was a child. The victims were approximatelyevenly divided between sex and labor trafficking. In 2011, theSlovak government allocated the equivalent of approximately$220,500 to NGOs for anti-trafficking activities, a decreasefrom the equivalent of $298,000 in 2010. Only the equivalentof $120,000 of the allocated funds had been disbursed by theend of the year. Three NGOs provided specialized shelter fortrafficking victims, who were allowed to leave the sheltersunchaperoned and at will. The shelters were designed for thecare of women. NGOs in practice found shelter and care formale trafficking victims.Slovak law enforcement authorities have made weak efforts toproactively identify trafficking victims in the country. Policehave not proactively identified any foreign victims of trafficking,despite indications of forced labor and sex trafficking in thecountry. Although the government encouraged victims toparticipate in trafficking investigations, NGOs reported thatvictims risked secondary victimization during the investigativeprocess, when victims were interviewed multiple times. NGOsalso reported that the National Referral Mechanism neededto be further formalized, although repatriated victims inpractice were referred to care. The government offers foreignvictims, upon their identification, renewable 90-day legalstatus in Slovakia to receive assistance and shelter and toconsider whether to assist law enforcement.The national coordinator has authority to recommendpermanent residence to victims of trafficking who would facehardship or retribution if returned to their country of origin.
SLOVENIA313However, no such residence permits have been issued. Therewere no reports that the government penalized victims forunlawful acts committed as a direct result of being traffickedduring the year, although the law allows the prosecution oftrafficking victims.PreventionThe government sustained its activities to prevent trafficking,target labor trafficking, and continue outreach to Romacommunities vulnerable to trafficking in persons. Thegovernment continued to fund an anti-trafficking hotlineoperated by IOM. In Fall 2011, the Ministry of Interiorcollaborated with IOM to conduct an awareness campaigntargeting forced labor, including television advertisements,flyers, and special reports. The hotline received a substantialincrease in calls following the advertisement campaign. Thegovernment continued to operate an information center ontrafficking in persons in Eastern Slovakia, which conductedoutreach to vulnerable Roma communities on trafficking inpersons. Despite the center’s partial mandate to coordinate thecollection of data, the GRETA observed that the government’sdata collection efforts remained disorganized, with multipleinstitutions gathering information separately. The governmentcoordinated its anti-trafficking activities through its ExpertGroup for the Area of the Fight against Trafficking in HumanBeings, a multidisciplinary entity involving officials fromvarious ministries, local governments, and NGOs. NGOsobserved that there was little accountability for the agenciescharged with fulfilling the National Program to CombatTrafficking in Persons. The government did not conduct anyactivities to reduce the demand for commercial sex during theyear. The government provided Slovak military personnel withbasic trafficking awareness training prior to their deploymentabroad on international peacekeeping missions.SLOVENIA (Tier 1)Slovenia is a transit and destination country and, to a lesserextent, a source country for women and children subjectedto forced labor and sex trafficking. Women and children aresubjected to sex trafficking and men, women, and childrento forced labor in Slovenia. Victims of labor exploitationin Slovenia come from Ukraine, Romania, Serbia, andBosnia and Herzegovina. Sometimes these persons migratethrough Slovenia to Italy, Austria, and Germany, where theyare subsequently subjected to forced labor. Women andchildren from Slovenia, as well as Moldova, Serbia, Croatia,Ukraine, Romania, Slovakia, the Czech Republic, and theDominican Republic, are subjected to forced prostitutionin the country and also transit through Slovenia to WesternEurope (mainly Italy and Germany), where they face the sameform of exploitation.The Government of Slovenia fully complies with theminimum standards for combating trafficking in persons.The government increased funding for victim protection andidentified significantly more victims during the year. It alsodemonstrated strong prevention efforts, developing a biannualNational Action Plan, implementing a multimedia awarenesscampaign, and conducting training programs on victimidentification for social workers and school employees. Thegovernment prosecuted more suspected trafficking offendersunder its comprehensive human trafficking law than in theprevious year. However, it reported convictions only underits forced prostitution law, as judges frequently reclassifiedtrafficking cases.S E E B ERecommendations for Slovenia: Vigorously investigate andprosecute trafficking offenses and convict and punishtrafficking offenders under the trafficking in persons law,including complicit public officials and those involved inforced labor; bolster training for investigators, prosecutors,and judges in applying the Law on Trafficking in HumanBeings; increase efforts to identify victims of both sex andlabor trafficking; increase the number of victims referred toNGOs for assistance; ensure that proper and safe facilitiesexist to assist child victims of trafficking; continue preventionoutreach to vulnerable populations, such as Roma children;and continue efforts to raise awareness of forced labor andforced prostitution among the general public.ProsecutionThe Government of Slovenia demonstrated mixed anti-trafficking law enforcement efforts in 2011. Slovenia prohibitsall forms of trafficking in persons through Article 113 of itscriminal code, which prescribes penalties ranging from oneto 15 years’ imprisonment for violations. These penaltiesare sufficiently stringent and commensurate with thoseprescribed for other serious crimes, such as rape. Continuinga downward trend, the government conducted four traffickinginvestigations in 2011, a decline from 12 investigations in2010 and 28 investigations in 2009. Authorities prosecuted16 suspected trafficking offenders but did not convict anytrafficking offenders under Article 113 in 2011, comparedwith 12 prosecutions and eight convictions in 2010 and fourprosecutions and two convictions in 2009. The governmentapplied Article 175, which prohibits participation inexploitation through prostitution, to convict six offenderswho were initially prosecuted under Article 113. There weresome reports that judges were not sufficiently aware of thecomplexity of the crime of trafficking and often reclassifiedhuman trafficking cases as exploitation through prostitution.The Ministry of Interior’s Interdepartmental Working Groupconducted a variety of anti-trafficking training programs,including training for police officers on labor exploitationand for prosecutors and judges on prosecuting trafficking inpersons. The government focused several training programson the early detection of trafficking victims for key actorsin Slovenia, including consular and asylum officials, borderguards, and labor inspectors. During the reporting period,the government convicted a policeman charged in 2010 withproviding information to a trafficking offender in furtheranceof a trafficking offense; he received a suspended jail sentence.There were no other investigations against public officials inthe reporting period.
314SOLOMONISLANDSProtectionThe Government of Slovenia sustained its efforts to protectvictims of trafficking in 2011, although there were reportsthat care and housing for child victims of trafficking wereinadequate. The government funded comprehensive victimprotection provided by two NGOs, including health care,psychological care, accommodation, and physical security.Assistance was available to both male and female victims oftrafficking and foreign and domestic victims. Following athree-month reflection period, foreign victims of traffickingwere allowed to receive victim protection if they participated incriminal proceedings. Local experts noted that foreign victimswho chose not to participate in criminal proceedings had noaccess to health care beyond basic emergency treatment. In2011, the government allocated the equivalent of approximately$138,000 for victim protection, an increase from $120,000in 2010. The government identified 20 victims of traffickingin 2011, in contrast to 10 victims identified in 2010 and 23victims identified in 2009. One of the 20 identified victimswas a victim of labor trafficking. NGOs reported assisting18 victims of trafficking, including one minor. Altogether,the government assisted eight victims in 2011, comparedto 12 victims in both 2010 and 2009; six of these victimsreceived emergency accommodation, one was placed in asafe house, and one continued living in a safe house from2010 due to her cooperation with law enforcement. Victimshoused in government-funded shelters were permitted toleave unchaperoned and at will. Although the governmentreported that child victims of trafficking were generally caredfor in emergency centers, there were reports that facilities forhousing and assistance were inadequate and presented risksthat the minors would be re-trafficked. Police officers wererequired to employ a referral procedure – reflecting a previousagreement between police and the Ministry of the Interior – torefer identified trafficking victims to one of the two NGOsreceiving government funds to provide services. Accordingto an NGO, however, in practice police often failed to refervictims to their services or notify them of potential victims.There were no identified victims punished for unlawful actscommitted as a direct result of being trafficked.PreventionThe government sustained strong efforts to prevent humantrafficking during the reporting period. The governmentcoordinated its anti-trafficking efforts through the Ministry ofInterior’s Interdepartmental Working Group against Trafficking(IDWG), which brought together representatives of the relevantministries, the National Assembly, the state prosecutor, andNGOs to develop national policy. The working group met sixtimes during the year and developed a national action planfor 2012-2013, to be released during the first half of 2012. Theplan will identify key problem areas, assign responsibility toactors, allocate appropriate funding, and establish deadlinesfor completion of tasks. The government encouragedregional efforts to combat trafficking in persons through itsannual regional ministerial conference on law enforcementcooperation. Similar to past years, the IDWG continued itsanti-trafficking outreach campaign using television, radio,Internet, and in-person outreach programs to target potentialtrafficking victims, particularly young women and men. TheIDWG also conducted several training programs on identifyinghuman trafficking victims in vulnerable populations forkey actors, including social workers, teachers, and publicschool counselors. There were anecdotal reports, however,that Roma children were vulnerable to trafficking by familymembers and that government outreach efforts to this groupwere inadequate. The government did not take significantmeasures during the reporting period to reduce the demandfor commercial sex acts.SOLOMON ISLANDS (Tier 2)The Solomon Islands is a source and destination countryfor local and Southeast Asian men and women subjectedto forced labor and forced prostitution. Local children,many under the age of 15, are subjected to sex trafficking,particularly near foreign logging camps and on foreignand local commercial fishing vessels, but also at hotels andentertainment establishments. Some girls are hired underthe guise of domestic labor in logging and fishing areas, butsubsequently coerced into prostitution. Local boys and girlsare put up for “informal adoption” by their family membersin order to pay off debts, and some are subsequently subjectedto sexual servitude and forced labor as domestic servants.Other local children are procured for prostitution in exchangefor money or fish. Local girls as young as 12 years old aresold by their parents for marriage to foreigners working forlogging and mining companies; some of these girls are laterforced into domestic servitude in the husband’s home country.Women from China, Indonesia, Malaysia, and the Philippinesare recruited from their home countries for legitimate work,paying large sums of money in recruitment fees, and uponarrival are forced into prostitution. Traffickers are knownto gain access to their victims through taxi drivers, localcontacts and pimps. Men from Indonesia and Malaysia arerecruited to work in the Solomon Islands’ logging and miningindustries, and may be subsequently subjected to forced laborin industrial camps. The Solomon Islands is a destinationcountry for child sex tourism.The Government of the Solomon Islands does not fullycomply with the minimum standards for the elimination oftrafficking; however, it is making significant efforts to do so.The government improved its anti-trafficking efforts duringthe reporting period, primarily through its enactment ofcomprehensive anti-trafficking legislation; however; it failedto prosecute and punish trafficking offenders.S S S E B ERecommendations for the Solomon Islands: Publiclyrecognize and condemn incidences of trafficking; make greaterefforts to investigate, prosecute, and punish traffickingoffenders, such as suspected offenders of child prostitutionoccurring in or near logging camps; investigate the forcedprostitution of foreign women and prosecute their traffickersand clients; work with NGOs or international organizationsto ensure that identified victims of trafficking are providedaccess to services and protection; adopt proactive proceduresto identify victims of trafficking among vulnerable groups,such as foreign workers in the fishing industry and women
SOUTHAFRICA315and children in prostitution; institute a visible campaign toraise public awareness of human trafficking in the country;develop a national action plan for countering trafficking inpersons; and accede to the 2000 UN TIP Protocol.ProsecutionThe government enacted anti-trafficking legislation thatincreased its capacity to conduct law enforcement efforts. InMarch 2012, parliament passed Immigration Bill 2011, whichprohibits and punishes all forms of trafficking in persons. Thebill proscribes a penalty of imprisonment not exceeding fiveyears or a fine of 45,000 “penalty points” – the equivalent of$6,660 – or both for the trafficking of adults, and a penaltyof imprisonment not exceeding 10 years or a fine of 90,000penalty points, – the equivalent of $13,320 – or both forthe trafficking of children. These penalties are sufficientlystringent and commensurate with other serious crimes, suchas rape. Also contained in the bill is a provision that prohibitsand punishes the withholding travel or identity documentsfor the purpose of facilitating human trafficking; the penaltyis imprisonment not exceeding 2 years or 20,000 penaltypoints – the equivalent of $2,960 – or both. The bill providesimmunity from prosecution for trafficking victims for suchcrimes as illegal entry into the country, illegal residence orprocurement, or possession of a false identification document.During the reporting period, Customs and Immigration (CLAG)arrested and a court initiated prosecution of a naturalizedSolomon Islands citizen and a non-citizen for forcing anunknown number of women or girls into prostitution. Thetwo were charged with the offenses of living on the earningsof prostitution, aiding prostitution, and receiving moneyderived from prostitution; their prosecutions remain ongoing.The government provided no training to law enforcementand court personnel on identifying trafficking victims andprosecuting trafficking offenders.ProtectionThe Government of the Solomon Islands made modest efforts toprotect victims of trafficking during the year. Law enforcementand social services personnel continued to lack systematicprocedures to proactively identify victims of trafficking amonghigh-risk persons with whom they come in contact and donot have a formal referral system to services organizationsfor human trafficking victims. The government continuedto rely largely on civil society or religious organizations toprovide limited services to victims of crime, including victimsof human trafficking. The Family Support Center, operatedby the government and funded by an NGO, is reportedlyavailable to provide consultations to victims of gender-basedviolence and government-identified trafficking victims, butit has never assisted a trafficking victim. There are no legal,medical, or psychological services available to traffickingvictims in the Solomon Islands. The government did not makeefforts to identify or reach out to international organizationsor community groups to provide assistance to victims oftrafficking. The CLAG advises that in the ongoing prosecutioninvolving an unknown number of foreign women or girlsbrought to the Solomon Islands and subjected to forcedprostitution, it has granted temporary residency permits –valid for three months – to allow the victims to assist thepolice investigation. The government reports the availabilityof civil remedies for victims of trafficking, though no victim ofhuman trafficking has ever made use of civil causes of actions.PreventionThe government made few discernible efforts to preventtrafficking, including through public awareness campaigns.The Royal Solomon Islands Police Force modestly increasedpublic awareness through a tour of Makira, Ysabel and WesternProvinces, focusing the public awareness campaign on childsexual exploitation; the patrols targeted logging camps. InAugust 2011, the American Bar Association’s Rule of LawInitiative held an anti-human trafficking workshop wherethe government of Solomon Islands provided office space,administrative support and the use of government paidpersonnel. As part of the Bali Process on People Smuggling,Trafficking in Persons and Related Transnational Crimeworkshop, the CLAG presented an overview of its anti-humantrafficking efforts in Kuala Lumpur, Malaysia. The governmenttook no action to reduce the demand for commercial sex actsduring the reporting period. The Solomon Islands is not aparty to the 2000 UN TIP Protocol.SOUTH AFRICA (Tier 2)South Africa is a source, transit, and destination country formen, women, and children subjected to forced labor and sextrafficking. Children are trafficked mainly within the country,from poor rural areas to urban centers, such as Johannesburg,Cape Town, Durban, and Bloemfontein. Girls are subjectedto sex trafficking and domestic servitude; boys are forcedto work in street vending, food service, begging, criminalactivities, and agriculture. The tradition of ukuthwala, theforced marriage of girls as young as 12 to adult men, is stillpracticed in some remote villages in Eastern and Western Capeprovinces, leaving these girls vulnerable to forced labor andprostitution. Nigerian syndicates dominate the commercialsex trade within the country, though local criminal ringsand street gangs organize child prostitution in a number ofSouth Africa’s cities. To a lesser extent, syndicates recruit andtransport South African women to Europe and the MiddleEast, where they are forced into prostitution or domesticservice. Traffickers control victims through intimidation andthreats, use of force, withholding of passports, debt bondage,and forced use of drugs and alcohol. In 2011, South Africantrafficking victims were discovered in Bangladesh and Turkey.Women and girls from Thailand, Cambodia, the DemocraticRepublic of the Congo, India, Russia, Ukraine, Bulgaria, China,Taiwan, Mozambique, Swaziland, and Zimbabwe are recruitedfor legitimate work in South Africa, but are then subjected toprostitution, domestic servitude, and forced labor in the servicesector or are taken onward to Europe for forced prostitution.Chinese and Taiwanese men are forced to work in mobilesweatshop factories in Chinese urban enclaves in South Africa.Young men and boys from Lesotho, Mozambique, Malawi, andZimbabwe voluntarily migrate to South Africa for farm work,sometimes laboring for months in South Africa with littleor no pay and in conditions of involuntary servitude beforeunscrupulous employers have them arrested and deported asillegal immigrants. Taxi drivers or thugs at the border transportZimbabwean migrants, including children, into South Africaand may subject them to sex or labor trafficking upon arrival.The Government of South Africa does not fully comply with theminimum standards for the elimination of trafficking; however,it is making significant efforts to do so. Efforts to address themyriad forms of human trafficking in South Africa remain
316SOUTHAFRICAconstrained by systemic challenges, including: laws that donot conform with the 2000 UN TIP Protocol; inadequateresources dedicated to fighting human trafficking; and lowawareness of the full breadth of the trafficking problems,particularly with regards to forced labor. Nonetheless, thegovernment demonstrated increased efforts to address humantrafficking through the conviction of two offenders – sentencedto significantly longer prison terms than in previous years,including life imprisonment – and the provision of trafficking-specific victim services to 59 victims. The Department ofSocial Development (DSD) evaluated and accredited 13private, multi-purpose shelters to provide care specificallyfor trafficking victims, including a nine-week rehabilitationprogram. The Parliamentary Portfolio Committee on Justiceand Constitutional Development continued revision of andstakeholder consultation on the draft comprehensive anti-trafficking bill, and several departments began to draft requiredimplementing regulations. These steps notwithstanding, thedraft anti-trafficking bill – first drafted in 2003 – remainedin parliament for a fourth year. Although the governmentbegan prosecution of at least five offenders and continuedseveral prosecutions from the previous reporting period, lawenforcement efforts remained focused on sex trafficking, withlittle attention to forced labor. Task teams and rapid responseteams in some provinces not only increased coordination inthe investigation of trafficking cases and effective gatheringof evidence and testimony, but further enabled victims’ rapidaccess to care through strengthened partnership with NGOs.Despite the government’s considerable financial resources, anti-trafficking law enforcement personnel and protective servicesproviders in much of the country lacked adequate fundsand coordination mechanisms to respond to the traffickingchallenges effectively. The absence of formal proceduresfor screening and identifying trafficking victims amongstvulnerable groups, including illegal migrants and women inprostitution, remained a significant gap.S E B ERecommendations for South Africa: Enact and beginimplementing the draft anti-trafficking bill; continue toincrease awareness among all levels of government officialsas to their responsibilities under the anti-trafficking provisionsof the Sexual Offenses and Children’s Amendment acts;allocate far greater financial resources to anti-traffickingprograms and personnel; criminally prosecute employerswho utilize forced labor, and ensure that labor traffickingvictims are not charged with immigration violations byscreening all deportees for victimization; ensure officialsadequately screen for victims amongst other vulnerable groups,including women in prostitution; replicate the coordinatedanti-trafficking law enforcement and victim referralmechanisms of Kwa-Zulu Natal and Western Cape in allprovinces; ensure translators are available to assist victims inobtaining care, cooperating with law enforcement, andtestifying in court; investigate and prosecute officials suspectedto be complicit in trafficking; and institute formal proceduresto compile national statistics on trafficking cases prosecutedand victims assisted, as is done for other crimes.ProsecutionThe Government of South Africa maintained strong lawenforcement efforts to combat trafficking during the year.South Africa’s laws do not prohibit all forms of trafficking.The Sexual Offenses Act (SOA) prohibits sex trafficking ofchildren and adults and the Basic Conditions of Labor Act of1997 prohibits forced labor. The SOA prescribes punishmentsof up to 20 years’ imprisonment for sex trafficking offenses,penalties which are sufficiently stringent and commensuratewith penalties prescribed for other serious offenses, such asrape. Penalties of up to three years’ imprisonment for forcedlabor in the 1997 labor act are not sufficiently stringent.Effective in 2011, the Children’s Amendment Act prescribespenalties of five years’ to life imprisonment or fines for theuse, procurement, or offer of a child for slavery, commercialsexual exploitation, or to commit crimes. The Prevention ofOrganized Crime Act of 1998 was often used in combinationwith the SOA to add additional charges – including moneylaundering, racketeering, and criminal gang activity – andstiffer penalties against offenders. Comprehensive anti-trafficking legislation, drafting of which began in 2003,remains pending in parliament for a fourth consecutive year.In 2011, the government continued its readiness survey todetermine the current capacity of various departments toimplement the pending legislation. In November 2011, theDepartment of Justice and Constitutional Development(DOJCD) drafted a revised version of the bill, which wassent to the justice portfolio committee later that month.In August 2011, the DOJCD began to draft implementingregulations for the bill to ensure it is quickly brought intoeffect following passage.The government convicted two sex trafficking offendersand began five prosecutions, in contrast to 2010 when itinitiated 22 prosecutions and convicted nine offenders. InJuly 2011, the Pretoria regional court sentenced a convictedtrafficker, discovered in February 2008 to have trafficked threeMozambican girls into commercial sex, to life imprisonment– the most severe penalty ever applied in a trafficking case inSouth Africa. In February 2012, Mitchell’s Plain magistratescourt sentenced a Cape Town man to 23 years’ imprisonment– 15 years on the human trafficking charge – for the sextrafficking of a Swazi woman after fraudulently offering hera job. Furthermore, the government began the prosecutionof five suspected traffickers and apprehended an additionalfive suspected traffickers, including two allegedly complicitpolice officers and two suspected labor trafficking offenders.A number of cases, however, remain pending from previousreporting periods and prosecution efforts continued to focuslargely on sex trafficking cases, with little attention to labortrafficking from the Department of Labor (DOL), the NPA,the South African Police Service (SAPS), and the Departmentof Home Affairs (DHA). One labor trafficking case remainspending prosecution from the previous reporting period.In February 2012, the Durban task team conducted a successfulraid on a brothel, facilitating the rescue of 16 females –including eight children, some as young as 13 – and arrestingand charging four offenders with sex trafficking and drug andprostitution offenses. Prosecutors dropped the charges againstone suspect, while the other three alleged offenders remainin custody awaiting a bail hearing. In October 2011, Western
SOUTHSUDAN317Cape police arrested two police officers and one additionalsuspect in Nelspoort for the alleged sex trafficking of SouthAfrican girls between the ages of 12 and 15. The Cape Townvice squad, under the jurisdiction of provincial authorities,arrested eight suspected trafficking offenders in four cases,including the only new labor trafficking case identified bySouth African authorities during the year.The NPA’s Sexual Offenses and Community Affairs Unit(SOCA) continued to lead anti-trafficking efforts through itssix provincial task teams, which enabled police, prosecutors,and NGO staff to work together to investigate potentialcases, resulting in an increased number of arrests duringthe year, but not an increase in prosecutions. Between Apriland December 2011, the NPA trained 116 prosecutors on theuse of existing legislation to prosecute trafficking cases. InDecember 2011, the DHA provided training on traffickingand the identification of victims to 350 officers from theSouth African National Defense Forces, who assumed therole of immigration management at all South African airports.Foreign embassies in South Africa reported that when theyreported cases of abuse of their nationals to law enforcement,both police and prosecution authorities responding seriouslyby vigorously investigating the allegations, though this variedby province.Although DOL staff participated in provincial and nationaltask teams, the department neither recognized nor madeproactive efforts to address labor trafficking within the country.Suspected instances of labor trafficking involving foreignershave been deemed episodes of “localized migrant abuse.”Additionally, the DOL has never identified a case of forcedchild labor; rather, it failed to identify potential traffickingvictims among child laborers and generally classified suchcases as involving “children in need.” Labor inspectors are notadequately trained to identify cases of trafficking, includingthose involving children.ProtectionThe South African government increased its efforts to ensurethat trafficking victims had access to protective services duringthe reporting period though – despite its considerable resources– it did not provide these services directly or increase fundingfor the private organizations that do so. DSD accredited 13multi-purpose shelters in 2011 to host trafficking victimsand trained their staffs to assist trafficking victims; theseshelters provided services to 59 trafficking victims referredby DSD – the only body authorized by judicial authorities torefer crime victims to private shelters – during the reportingperiod. DSD identified 22 additional shelters that couldpotentially care for trafficking victims and began theirassessment for accreditation. It also began provision of anine-week rehabilitation program – developed in the previousreporting period – to address the psycho-social well-beingof trafficking victims in the care of these shelters. However,there are no shelters available for the care of men. In 2011,the city of Cape Town supported the establishment of threeNGO-run safe houses for trafficking victims; two of thesealready open provide short-term emergency care, while victimsawait transfer to DSD-accredited shelters. During the year,DSD developed an intake booklet to be used in the trainingof 13,000 employees at shelters, hospitals, and social servicefacilities. In 2011, the Western Cape task team established arapid response team comprised of government agencies andNGOs – modeled after the one in Kwa-Zulu Natal – to quicklycoordinate protective services, including shelter, for victims.DSD began drafting implementing regulations for the socialservices portions of the anti-trafficking bill.The government did not develop formal procedures forthe identification of trafficking victims and their referralto appropriate care; however, provincial task teams andrapid response teams – including representatives from lawenforcement, DSD, and NGOs – enabled quick access tocare in some provinces. Although the SOA stipulates that sextrafficking victims not be charged with crimes committedas a direct result of being trafficked, some victims were stillarrested and jailed, as the screening of women in prostitutionwas at times done too hastily to accurately assess traffickingvictimization. Additionally, NGOs reported that the police’slongstanding focus on deportation of undocumented migrantscaused them to overlook potential foreign trafficking victims.Officials encouraged victims to participate in the investigationand prosecution of trafficking offenders and provided long-term care to foreign victims who did so. However, the lawdid not provide all trafficking victims with legal alternativesto deportation to countries where they may face hardship orretribution. Thus, during the year, prosecutors experienceddifficulty in pursuing cases, as victims often chose to returnhome or at times, DHA deported victims – often withoutnotifying prosecutors – before they had been interviewedthoroughly or were able to participate in the prosecution oftheir traffickers. During the reporting period, the governmentprovided witness protection to an unknown number oftrafficking victims. The Department of International Relationsand Cooperation assisted in the repatriation of a group ofpotential South African trafficking victims from Turkey.PreventionThe government continued efforts to prevent humantrafficking, but national awareness campaigns were smallerthan in previous years. The NPA continued to chair thenational Trafficking in Persons Inter-Sectoral Task Team (ISTT),which met quarterly. The government jointly sponsored,with a foreign donor, the sixth annual human traffickingawareness week in October 2011, which raised awareness ontrafficking and appropriate responses to it; these activities werecoordinated by the DHA at the ports of entry. The nationalaction plan to combat trafficking in persons developed in aprevious reporting period was not implemented or released.The Cape Town metro vice squad partnered with local andnational printed media to raise public awareness through theplacement of articles on human trafficking. The government,through the South African National Defense Forces’ PeaceMission Training Centre, provided anti-trafficking trainingto South African troops prior to their deployment abroad oninternational peacekeeping missions. The government didnot undertake efforts to reduce the demand for forced laboror commercial sex acts during the reporting period.SOUTH SUDAN(Tier 2 Watch List)South Sudan is a source and destination country for men,women, and children who are subjected to forced labor andsex trafficking. South Sudanese women and girls, particularlythose from rural areas or those who are internally displaced,are vulnerable to forced labor as domestic servants in homes
318in Yei and Juba, and possibly throughout the country; mostare believed to be working without contracts or government-enforced labor protections. Some of these women and girlsare sexually abused by male occupants of the household orforced to engage in commercial sex acts. South Sudanese girls,some as young as 10 years old, engage in prostitution withinthe country – including in restaurants, hotels, and brothels– at times with the assistance of third parties, including lawenforcement officials; the majority of victims are exploitedin urban centers such as Juba, Torit, and Wau. Juba hasreportedly seen a significant rise in child prostitution inrecent years, as well as in numbers of street children and childlaborers – two groups which are highly vulnerable to laborand sexual exploitation. Children working in construction,market vending, shoe shining, rock breaking, brick making,delivery cart pulling, and begging may be victims of forcedlabor. South Sudan is a destination country for Ugandan,Kenyan, Ethiopian, and Congolese women and girls subjectedto sex trafficking. Many migrate willingly, with the promiseof legitimate work, and are subsequently forced or coercedinto the sex trade. Some girls in prostitution, particularly inJuba, may be controlled by a third party. Ugandan childrenmay be subjected to domestic servitude and forced labor inconstruction in South Sudan.Thousands of Dinka women and children, and a lesser numberof children from the Nuba ethnic group, were abducted andsubsequently enslaved by members of the Missiriya andRizeigat ethnic groups during the concluded North-South civilwar. Some of those enslaved remain in Sudan with their captors.While there have been no known new abductions of Dinkaby members of Baggara ethnic groups in a number of years,inter-ethnic abductions continue between some communitiesin South Sudan, especially in Jonglei and Eastern Equatoriastates. Hundreds of women and children were abducted in2011 during cattle raids and conflicts between rival ethnicgroups, as well as during conflicts between the government’sarmy – the Sudan People’s Liberation Army (SPLA) – andarmed groups. Some abductees were subsequently subjectedto conditions of domestic servitude, forced animal herding,or commercial sexual exploitation.Forcible recruitment of adults and particularly children byvirtually all armed groups, including government forcesinvolved in Sudan’s concluded North-South civil war, waspreviously commonplace. Since seceding from Sudan andbecoming an independent country in July 2011, South Sudancommitted to releasing all children from its military’s ranksand signed a new action plan with the UN in March 2012.During the year, UN personnel continued to observe childrenwearing SPLA uniforms, carrying weapons, and serving atSPLA checkpoints or as bodyguards for senior commanders.In 2011, the South Sudan Police Service (SSPS) forciblyrecruited adults and children in Unity State; some of theseindividuals, including children, were later transferred tothe SPLA. Armed militia groups recruited children, at timesthrough force, throughout the year. The Sudanese People’sLiberation Movement – North, a group that was formerlyaligned with the SPLA and that reportedly still receives supportfrom the SPLA/Sudan People’s Liberation Movement (SPLM),forcibly recruited and reportedly used child soldiers in Sudanin fighting against the Sudan Armed Forces and aligned militias.Boys and girls were identified in the ranks of rebel groups,including those allied to Peter Gadet and the late GatlaukGai in Unity and Western Bahr el Ghazal states and DavidYau Yau in Jonglei State; during the reporting period, some ofthese militias were integrated into the government’s armedforces. The Lord’s Resistance Army (LRA) continued to abductSouth Sudanese children and harbor enslaved South Sudanese,Sudanese, Congolese, Central African, and Ugandan childrenin Western Equatoria and Western Bahr el-Ghazal states foruse as cooks, porters, concubines, and combatants; some ofthese children are also taken back and forth across bordersinto Central African Republic or the Democratic Republicof the Congo. The UN reported that the LRA abducted 49individuals during 25 attacks in South Sudan in 2011.The Government of South Sudan does not fully comply with theminimum standards for the elimination of trafficking; however,it is making significant efforts to do so. The governmentcontinued to take some steps to eliminate the use of childsoldiers in its armed forces, including through the signing of anew joint action plan with the UN. Despite these efforts, it didnot demonstrate evidence of increasing efforts to address otherforms of trafficking; therefore South Sudan is placed on Tier2 Watch List. Public officials’ awareness of human traffickingremained extremely low and the government lacked sufficienthuman and physical capital to adequately enforce its laws.During the year, the government indiscriminately arrestedindividuals in prostitution, including child sex traffickingvictims, and sentenced them to prison.S S E B ERecommendations for South Sudan: Launch a publicawareness campaign to educate government officials and thegeneral public on the nature and dangers of human trafficking;enact the draft labor act to ensure adequate prohibitions offorced labor; develop formal procedures for law enforcementofficials to identify trafficking victims among vulnerablegroups and refer them for assistance; ensure trafficking victimsare not prosecuted for crimes committed as a direct result ofbeing trafficked; increase efforts to investigate suspectedhuman trafficking cases, prosecute trafficking offenses, andconvict and punish trafficking offenders; allow unimpededaccess to military barracks for monitoring missions to identifyand remove any child soldiers; demobilize all remaining childsoldiers from the ranks of governmental armed forces, as wellas those of aligned militias, and provide them reintegrationservices; and train law enforcement and judicial officials torecognize trafficking victims among vulnerable groups,particularly individuals in prostitution, and refer them toNGOs to receive care.ProsecutionThe Government of South Sudan made no significant lawenforcement efforts to combat trafficking during the reportingperiod. Its law enforcement presence in some regions of thecountry remained limited; some courts did not operate, andthose that functioned often lacked the human and physicalresources to investigate and prosecute criminals, includingtraffickers. South Sudanese law does not prohibit all forms oftrafficking. South Sudan’s Penal Code Act of 2008 prohibitsand prescribes punishments of up to seven years’ imprisonmentSOUTHSUDAN
319for abduction (Article 278) or transfer of control over a person(Article 279) for the purpose of unlawful compulsory labor;the prescribed punishment of up to two years’ imprisonmentfor compulsory labor without aggravating circumstances isnot sufficiently stringent. Article 276 criminalizes buying orselling a minor for the purpose of prostitution and prescribesa punishment of up to 14 years’ imprisonment – a penaltythat is sufficiently stringent and commensurate with thoseprescribed for other serious crimes, such as rape. Punishmentsprescribed in Article 254 for procuring a child (up to 10 years’imprisonment) or an adult (up to two years’ imprisonment)for the purposes of prostitution are not commensurate withthose for rape. Article 258 prescribes punishments of up to10 years’ imprisonment for parents or guardians who causeor allow their child to be involved in the sex trade. SouthSudan’s Child Act of 2008 prohibits the recruitment anduse of children for military or paramilitary activities, andprescribes punishments of up to 10 years’ imprisonmentfor such crimes. The Government of South Sudan did notinvestigate or prosecute any trafficking offenses using these orother articles during the reporting period. The omnibus laboract, which was drafted by the Ministry of Labor in 2009 andwould provide further protections against forced and childlabor, was not passed during the most recent legislative session.The government continued to fail to hold members of itssecurity forces accountable for the recruitment and use ofchildren, and this pervasive impunity thwarted progresstoward ending the use of child soldiers in the SPLA and SPSS. InNovember 2011, the government and the UN held a workshopto develop a new joint action plan on the elimination ofchild soldiers in the SPLA. During the workshop, plans weredeveloped to create mechanisms for information sharing,collaboration, and training between SPLA judge advocategeneral officers and civilian judges on child protection issues.The final action plan signed by the SPLA and the UN in March2012, includes these items, as well as provisions for criminalaccountability for military officers who recruit and use childsoldiers. The government did not provide specialized anti-trafficking training to law enforcement officers or judicialofficials during the year, though an international donorprovided such training to 24 immigration officials in January2012.ProtectionThe Government of South Sudan made negligible effortsto protect trafficking victims during the reporting periodand, at times, its law enforcement efforts were harmful tovictims. The government did not take steps to proactivelyidentify victims of sex or labor trafficking among vulnerablepopulations. It neither provided services to victims noremployed a process to transfer them to organizations toreceive care. It did not encourage victims’ assistance in theinvestigation and prosecution of trafficking crimes or providelegal alternatives to the removal of foreign victims to countrieswhere they would face hardship or retribution. Governmentofficials’ failure to recognize cases of human trafficking ledto victims being punished as law violators. In January 2012,the government arrested nine girls younger than 18 in the sextrade – all trafficking victims – and convicted them on chargesof prostitution. The victims, sentenced to imprisonmentranging from terms of six months to two years, are currently inprison. During the year, police routinely arrested individualsin prostitution, without making efforts to determine whetherthey were trafficking victims. In 2011, two children weredetained in military barracks in Unity State on charges ofbeing associated with an armed rebel group without anyinquiry into whether their association was coerced.The SPLA continued to operate its child protection unit (CPU)in Juba to oversee implementation of its November 2009one-year action plan to end its use of child soldiers, and tomonitor compliance with child protection standards at majorSPLA bases and removal of children from SPLA payrolls. Itoperated additional CPUs in Wau, Malakal, Renk, Mapel,Wunyiik, Duar, Panpandiar, and Mongiri. In collaborationwith an international organization, the SPLA trained morethan 1,000 officials on issues related to the protection ofchildren associated with armed forces. During the reportingyear, the head of the SPLA CPU made a request to the chief ofgeneral staff to issue orders to SPLA division commanders torelease all children from their ranks and grant unfettered accessto UN staff to inspect military enclaves; however, these orderswere not issued during the reporting period. The governmentmade efforts to remove children from militia groups beforeintegrating them into the SPLA. In February 2012, the SPLAreleased 53 children from the armed group led by MajorGeneral Hassan Deng, following his acceptance of amnestyand reintegration into the SPLA.PreventionThe government made limited efforts during the reportingperiod aimed at the prevention of trafficking. It did not conductany comprehensive anti-trafficking information or educationcampaigns, though a senior-ranking military official spokeon two radio broadcasts to warn families against sendingtheir children to military camps for any reason. Traffickingawareness remained low among all government officialsand members of the public. It is unknown what efforts, ifany, authorities in South Sudan took during the reportingperiod to address the labor exploitation of South Sudanesenationals working abroad or foreign nationals within SouthSudan. Throughout the majority of the year, the governmentcontinued to implement its 2009 joint action plan with theUN on eliminating the use of child soldiers, which had beenextended into 2011. Senior government and military officialsgenerally did not acknowledge recruitment of children by itssecurity forces, but they publicly recognized that many armedmilitia groups, which continue to integrate into the SPLAthrough amnesty programs, use children. In March 2012, thegovernment signed a new UN-SPLA action plan to release allchildren in the SPLA and to identify and release all childrenassociated with armed militias prior to integrating them intothe government’s armed forces. Since independence in July2011, the government took steps to establish the identity oflocal populations by issuing national identification cards andnational certificates. The government made no discernibleefforts to reduce the demand for forced labor or commercial sexacts. South Sudan is not a party to the 2000 UN TIP Protocol.SPAIN (Tier 1)Spain is a destination and transit country for men, women,and children subjected to forced labor and sex trafficking.Victims originate from Eastern Europe, Latin America, EastAsia, and sub-Saharan Africa. Men and women reportedlyare subjected to forced labor in domestic service, and theagriculture, construction, and tourism sectors. According toSPAIN
320SPAINthe Spanish government and NGOs, Spanish nationals are alsovulnerable to trafficking. According to anti-trafficking experts,Barcelona and Spain’s other big cities increasingly serve asbases of operations for Chinese sex trafficking networksand Nigerian and Albanian trafficking groups. According tomedia reports and government officials, approximately 90percent of those engaged in prostitution in Spain are victimsof forced prostitution controlled by organized crime networks.Unaccompanied foreign children in Spain continue to bevulnerable to sex trafficking and forced begging. According toa study on labor exploitation and slave labor released duringthe year, undocumented foreign migrants working in Spain’sagricultural and cleaning sectors and as domestic workers,are subjected to severe forms of exploitation. According tothis research, many of these workers in Spain’s black marketare mistreated, have never received payment, or are paid byemployers who threaten them with deportation to ensurecompliance.The Government of Spain fully complies with the minimumstandards for the elimination of trafficking. During theyear, the government addressed a long-standing deficiencyby implementing a protocol on victim identification andreferral. It also imposed the highest sentence to date in Spainfor a convicted sex trafficker. The government continued toconduct anti-trafficking raids and operations against traffickingnetworks operating throughout the country. However, thegovernment has yet to match these law enforcement actionswith holistic care and protection for the victims of humanrights abuses perpetrated by these offenders. Many traffickingvictims continue to be referred for basic health care, ratherthan to NGOs with the capacity to provide comprehensive,victim-centered care. Trafficking victims continued to beinterviewed immediately after raids and are often expected toself-identify; authorities sometimes inadvertently imprison ordeport trafficked individuals who do not identify themselvesas victims immediately upon rescue. Further, the governmentfailed to investigate vigorously or prosecute forced labor in thecountry or develop specialized services for trafficked childrenand victims of forced labor.SPAIN TIER RANKING BY YEAR2005 2006 2007 2008 2009 2010 2011 2012Recommendations for Spain: Provide comprehensive dataon trafficking specific prosecutions and convictions; enhanceanti-trafficking training for police to increase understandingof the complexities involved in victim identification; takesteps to establish a multi-disciplinary approach to victimidentification by enlisting the help of other actors to helpstabilize victims in a post-immigration raid environment;consolidate statutory anti-trafficking tools into a comprehensive,victim-centered anti-trafficking law to ensure a more rights-based approach to trafficking in Spain; develop proactiveidentification procedures for authorities to detect potentialtrafficking victims in immigration detention centers; enlistNGOs to help build trust with trafficking victims; lower thestandard for granting victims a reflection period and basethat determination on the recognition that victims often donot divulge their experience of exploitation immediately afterrescue; ensure anti-trafficking law enforcement actions includeappropriate victim protections; de-link a victim’s eligibilityfor a one-year residency permit from the outcome of traffickingprosecutions; improve outreach to locate more child traffickingvictims and victims of forced labor and ensure all potentialtrafficking victims, including children and men, are providedwith access to specialized anti-trafficking services; andvigorously prosecute and punish all government officialscomplicit in trafficking offenses.ProsecutionThe Government of Spain demonstrated notable progressin its anti-trafficking law enforcement efforts in 2011. Spainprohibits some forms of human trafficking through Article177 of its criminal code, which prescribes penalties from fiveto 10 years’ imprisonment; these penalties are sufficientlystringent, and the penalties prescribed for sex trafficking arecommensurate with the prescribed penalties for other seriouscrimes, such as rape. Spain prohibits sexual exploitationthrough Article 318 and labor exploitation though Articles 313of its criminal code, and the Organic Law 11/2003. Accordingto preliminary information provided by Spain’s special anti-trafficking prosecutor, the government initiated prosecutionin 45 sex trafficking cases under Article 318 in 2011 Thegovernment reported its prosecution of five forced beggingcases under Article 177. On February 14, 2012, a court inMadrid handed down the highest penalty to date for sextrafficking in Spain, sentencing a Romanian trafficker tothirty years’ imprisonment. The trafficker had used debtbondage, threats, intimidation and violence to subject theadult victims to forced prostitution and subjected one childvictim to a forced abortion. While the government did notprovide comprehensive conviction and sentencing information,it provided individual case data to demonstrate it vigorouslyprosecuted and convicted trafficking offenders in 2011.During the reporting period, the government convicted atleast 23 sex trafficking offenders, sentencing them to oneto 30 years imprisonment. During the year, the governmentprosecuted a major complicity case involving six membersof the national police, three lawyers, a public servant inBarcelona city hall, and brothel owners for collusion andforced prostitution that took place from 2002 until 2008.In another case, the government reported investigating atleast 60 suspects, including 20 high-level senior officials oflocal and national police units as well as the former DeputyGovernment Representative in Lugo for their complicity inhuman trafficking that took place between 2000 and 2009.ProtectionThe Spanish government demonstrated some tangible progressin protecting trafficking victims during the last year; it increasedimplementation of Article 59, which established a reflectionperiod for suspected trafficking victims and created a legalmechanism for victims to obtain residency and work permits.In October 2011, the government formally adopted a protocolon victim identification to guide implementation of Article59. NGOs report that this increased the number of referralsof potential trafficking victims by police. Anti-traffickingexperts in the country nevertheless continued to note seriousconcerns about the government’s efforts and ability to identifytrafficking victims effectively. The government continuedto refer many trafficking victims to the government’s non-specialized services for basic medical care rather than to NGOsproviding specialized, victim-centered care. The government
321reported it identified 234 sex trafficking victims in 2011.Regional and national level authorities reported providingfunding to NGOs for victim assistance in 2011. Reports indicateNGOs provided assistance to at least 208 newly identifiedvictims during the year, 79 of whom were direct referrals fromSpanish law enforcement personnel. The government alsoreported it provided a reflection period to 98 victims of sextrafficking, compared to 46 victims given this protection in2010. Authorities granted 58 short-term residency permits tovictims who were cooperating with law enforcement personnelin 2011, an increase from 37 permits issued the previous year.Longer-term (one-year, renewable to two years) residencypermits were offered to victims who agreed to testify in courtagainst trafficking offenders. NGOs reported cases of victimswho, despite assisting authorities with evidence and courttestimony, were not provided long-term residency permits.An NGO reported trafficking victims continue to be subject topenal action, detained, or deported; the government releasedsome victims from jail and granted them the 30-day reflectionperiod only after intense advocacy and pressure from NGOs.The regional anti-trafficking unit in Catalonia conducted atleast three major anti-trafficking operations against Nigerianand Chinese trafficking networks during the year. In oneof the operations, local authorities raided 33 apartmentsand other establishments operating as brothels, arresting41 people and assisting 32 Chinese victims, plus five minorsex trafficking victims identified. Although the governmentinitiated prosecution in trafficking cases involving 149 victimsin 2011, only 24 of these victims opted to receive protectionsprovided under Spanish law; this gap suggests inadequateimplementation of Article 59. The government continued toprovide funding and cooperate with NGOs in the provisionof specialized anti-trafficking training for law enforcementofficers who investigate trafficking.PreventionThe national government, along with regional and localauthorities, continued to implement multiple preventioncampaigns to raise awareness and decrease demand forprostitution in Spain in 2011. The Ministry of Health, SocialServices, and Equality continued to sponsor an exhibitcalled, “Slaves of the 21st Century” portraying the causesand consequences of trafficking. The national governmentcontinued to implement its National Action Plan AgainstSexual Exploitation. A draft action plan on forced labor,initiated over two years ago, has been included in theimplementation protocol of the National Action Plan. Duringthe year, the Attorney General’s office published a report onthe government’s anti-trafficking law enforcement efforts.According to the Spanish military, Spanish troops receivedtrafficking awareness training prior to their deploymentabroad for international peacekeeping missions.SRI LANKA (Tier 2)Sri Lanka is primarily a source and, to a much lesser extent, adestination country for men, women, and children subjectedto forced labor and sex trafficking. Sri Lankan men, women,and some children (16 to 17-year olds) migrate consensually toSaudi Arabia, Kuwait, Qatar, the United Arab Emirates, Jordan,Bahrain, Lebanon, Iraq, Afghanistan, Malaysia, and Singaporeto work as construction workers, domestic servants, or garmentfactory workers. Some of these workers, however, subsequentlyface conditions of forced labor including restrictions onmovement, withholding of passports, threats, physical orsexual abuse, and threats of detention and deportation forimmigration violations. Before their departure, many malemigrant workers go into debt to pay high recruitment feesimposed by unscrupulous licensed labor recruitment agenciesand their unlicensed sub-agents. These agencies and agents alsocommit recruitment fraud by engaging in contract switching:defined as the promising of one type of job and conditions butthen changing the job, employer, conditions, or salary afterarrival. Women migrating abroad for work generally are notrequired to pay recruitment fees in advance, although manyreport paying off such fees through salary deductions. SomeSri Lankan women are promised jobs or began jobs as domesticworkers, mainly in Singapore or Jordan, but were forced intoprostitution. A small number of Sri Lankan women are forcedinto prostitution in the Maldives. Internally-displaced persons,war widows, and unregistered female migrants remainedparticularly vulnerable to human trafficking. In 2011, SriLankan victims were identified in Egypt, Poland, and theUnited States. Within the country, women and children aresubjected to sex trafficking in brothels. Boys are more likelythan girls to be forced into prostitution in coastal areas fordomestic child sex tourism.In addition, there are reports of children being subjected tobonded labor and forced labor in dry-zone farming areas onplantations, and in the fireworks and fish-drying industries.Some child domestic workers in Colombo, generally fromthe Tamil tea-estate sector of the country, are subjected tophysical, sexual, and mental abuse, nonpayment of wages,and restrictions of their movement. A small number of womenfrom Thailand, China, and countries in South Asia, Europe,and the former Soviet Union may be subjected to forcedprostitution in Sri Lanka.The Government of Sri Lanka does not fully comply withthe minimum standards for the elimination of trafficking;however, it is making significant efforts to do so. During theyear, the government did not convict any trafficking offenders.Serious problems remain, particularly in protecting victims oftrafficking in Sri Lanka and abroad, and not addressing officialcomplicity in human trafficking. However, the governmenttook strong preventative efforts, including the convictionsof two labor recruitment agents who committed fraudulentrecruitment offenses, and enhanced inter-ministerialcoordination through monthly meetings.SRI LANKA TIER RANKING BY YEAR2005 2006 2007 2008 2009 2010 2011 2012Recommendations for Sri Lanka: Improve efforts toinvestigate and prosecute suspected trafficking offenses, andconvict and punish trafficking offenders, particularly thoseresponsible for recruiting victims with fraudulent offers ofemployment and excessive commission fees for the purposeof subjecting them to forced labor; develop and implementformal victim referral procedures; ensure that victims oftrafficking found within Sri Lanka are not detained orSRILANKA
322SRILANKAotherwise penalized for unlawful acts committed as a directresult of their being trafficked, such as visa violations orprostitution; train local law enforcement on victimidentification, investigation of cases, and assembling strongcases; facilitate the speedy repatriation of foreign traffickingvictims by providing airfare and not obligating them to remainin the country if they choose to initiate law enforcementproceedings; provide witness protection and incentives forvictims to cooperate with law enforcement to enableprosecutions; improve services for shelters, legal aid, counseling,and trained staff at embassies in destination countries; promotesafe tourism campaigns to ensure that child sex tourism doesnot increase with expected rapid growth of tourism; promotesafe and legal migration rather than discouraging migrationor imposing age restrictions on migrants; and improveregulation and monitoring of recruitment agencies and village-level brokers.ProsecutionThe Sri Lankan government’s law enforcement responseto human trafficking offenses was minimal during thereporting period. Sri Lanka prohibits all forms of traffickingthrough an April 2006 amendment to its penal code, whichprescribes punishments of up to 20 years’ imprisonment.These penalties are sufficiently stringent and commensuratewith those prescribed for other serious offenses, such asrape. The National Child Protection Authority and CriminalInvestigation Department (CID) investigated 44 reportedcases of trafficking in 2011, and referred nine of these cases tothe Attorney General’s office for advice. During the year, theCID also jointly investigated a potential sex trafficking casewith police in Singapore. There was no information on howmany suspected trafficking offenders were prosecuted in thereporting period. The government did not convict any humantrafficking offenders in the reporting period, in contrast tothree traffickers convicted in the previous reporting period.Government employees’ complicity in trafficking remained aproblem. There were allegations that police and other officialsaccepted bribes to permit brothels to operate; some of thebrothels exploited trafficking victims. Many recruitmentagencies were run by politicians or were politically connected.Some sub-agents cooperated with Sri Lankan officials toprocure forged or modified documents, or real documentswith false data, to facilitate travel abroad. There were noreported law enforcement actions taken against officialscomplicit in human trafficking. The government undertooklaw enforcement training. For instance, in August 2011, theMinistry of Justice and the Judges’ Training Institute trained80 judges, in collaboration with the ILO, on issues such asthe application of international standards within domestictrafficking legislation, and the trauma for trafficking victimsduring the judicial process. In December 2011, the Sri LankaBureau of Foreign Employment (SLBFE) organized a workshopfor 80 district-level government officials on identifying victimsand sending case information to relevant law enforcementdepartments.ProtectionThe government made limited progress in protecting victimsof trafficking during the year. Government personnel didnot develop or employ systematic procedures for proactivelyidentifying trafficking victims or referring them to carefacilities. The SLBFE continued to operate, through Sri Lankanembassies in some destination countries, short-term shelters, aswell as an overnight shelter in Sri Lanka’s international airportfor returning female migrant workers who encountered abuseabroad. These facilities were funded by fees the SLBFE collectedfrom registered migrant workers prior to their departure. Therewere complaints that the shelters were grossly overcrowdedwith unhygienic conditions, and that at least one did notpermit the residents to leave the premises. There have beensome reports of abuse by Sri Lankan embassy officials inshelters abroad, and one official in a Sri Lankan embassyreportedly condoned passport withholding – a sign of humantrafficking – by employees in that country. Child traffickingvictims received shelter, schooling, and medical, legal, andpsychological services from the Department of Probationand Child Care Services.The government has not yet established a trafficking shelterwith IOM, as noted in the 2011 TIP Report. The governmentdid not encourage victims to assist in the investigation andprosecution of trafficking cases; instead, they sometimes forcedvictims to remain in the country (without the permission toseek employment) and testify if they chose to file charges.The government penalized some adult victims of traffickingthrough detention for unlawful acts committed as a directresult of being trafficked. Most commonly, these acts wereviolations of their visa status or prostitution. All detaineeswho were awaiting deportation for visa violations, includingtrafficking victims, remained in detention facilities until theyraised enough money to pay for their plane ticket home, whichin some cases has taken years.PreventionThe Sri Lankan government made progress in its efforts toprevent trafficking during the last year. The government’sinter-ministerial anti-trafficking task force met monthly,improving communication between ministries, andinvited ten civil society organizations to one meeting inOctober 2011. In January 2012, the Colombo High Courtsentenced two recruitment agents for offenses that includedfraudulent recruitment. The agents were sentenced to twoyears’ imprisonment and a fine, paid to the mother of themigrant workers who filed the complaint. The SLBFE continuedto require migrant domestic workers with no experienceworking in the Middle East to complete a 12-day pre-departuretraining course, funded by fees the SLBFE collected from thedeparting migrant workers. It is not known how many migrantworkers completed this course in the reporting period. Inmeasures that could prevent transnational labor traffickingof Sri Lankans, the SLBFE reported that it filed 276 chargesagainst recruitment agencies in 2011 for charging illegalfees in recruitment, conducted 73 raids against employmentagents (in comparison to 84 in 2010), and fined recruitmentagencies found to be guilty of fraudulent practices over theequivalent of $25,000 (in comparison to $40,000 in 2010). Thegovernment worked on several awareness-raising initiativeswith the ILO. In one initiative, the government, in partnershipwith the ILO, developed a handbook for migrants boundfor Saudi Arabia and Kuwait, including information on therelevant labor laws, descriptions of forced labor and trafficking,and contact information. The SLBFE printed and distributed40,000 copies of the handbook to all registered migrantworkers heading to those two countries. The Governmentof Sri Lanka, working with the UNDP,continued to providepersonnel time to conduct mobile documentation clinics forconflict-affected people. The Government of Sri Lanka did not
323report any efforts to reduce the demand for commercial sex actsduring the reporting period. The Ministry of Defense providedanti-trafficking training to all Sri Lankan peacekeepers priorto their deployments abroad for international peacekeepingmissions. Sri Lanka is not a party to the 2000 UN TIP Protocol.SUDAN (Tier 3)Sudan is a source, transit, and destination country for men,women, and children subjected to forced labor and sextrafficking. Internal trafficking occurs in Sudanese territoryboth within and outside of the government’s control. Sudanesewomen and girls, particularly those from rural areas or who areinternally displaced, are vulnerable to forced labor as domesticworkers in homes throughout the country; most are believedto be working without contracts or government-enforced laborprotections. Some of these women and girls are subsequentlysexually abused by male occupants of the household or forcedto engage in commercial sex acts. Sudanese girls engage inprostitution within the country – including in restaurantsand brothels – at times with the assistance of third parties.Khartoum, Nyala, and Port Sudan have reportedly seen a risein child prostitution in recent years, as well as in numbersof street children and child laborers – two groups which arehighly vulnerable to labor and sexual exploitation. There arereports of organized child street begging in Khartoum andother large cities.Sudanese women and girls are subjected to domestic servitudein Middle Eastern countries – such as Bahrain, Egypt, SaudiArabia, and Qatar – and to sex trafficking in Europeancountries. Some Sudanese men who voluntarily migrateto the Middle East as low-skilled laborers face conditionsindicative of forced labor. Sudanese children in Saudi Arabiaare used by criminal gangs for forced begging and streetvending. Sudanese and Eritrean nationals in Israel reportedbeing brutalized by smugglers from the Rashaida tribe in theSinai, including being chained together, whipped and beaten,deprived of food, raped, and forced to do domestic or manuallabor at smugglers’ homes; some of these individuals were notmigrants, but were abducted from Khartoum, Sudan-basedrefugee camps, or border crossings.Sudan is a transit and destination country for Ethiopian andEritrean women, including illegal immigrants and refugees,subjected to domestic servitude in Sudan and Middle Easterncountries. Filipino migrant domestic workers and caregiversare also victimized by forced labor in Khartoum. Foreigndomestic workers recruited by Khartoum-based employmentagencies are reportedly exposed to exploitative practices,such as retention of salaries and physical abuse. In largecities, undocumented migrants and refugees often facediscriminatory working conditions and endure exploitationbecause they feared approaching police or being deported.Ethiopian, Eritrean, Somali, and possibly Thai women aresubjected to forced prostitution in Sudan. Agents recruityoung women from Ethiopia’s Oromia region with promisesof high-paying employment as domestic workers, only to forcethem into prostitution in brothels in Khartoum.Thousands of Dinka women and children, and a fewernumber of children from the Nuba tribe, were abductedand subsequently enslaved by members of the Missiriya andRizeigat tribes during the North-South civil war that spannedfrom 1983 until 2005. Some of those enslaved remain withtheir captors.During the reporting period, Sudanese children in Darfur wereforcibly conscripted, at times through abduction, and used byarmed groups, such as the Sudan Liberation Army (SLA)/MinniMinawi, SLA/Abdul Wahid, Liberation and Justice Movement(LJM), Justice and Equality Movement (JEM), and government-supported Janjaweed militia. Government security forces alsoused child soldiers; children were verified as being associatedwith the government-aligned Popular Defense Forces (PDFs)during the year in both Darfur and the “Two Areas” (SouthKordofan and Blue Nile). The SAF also reportedly armed,trained, and used two tribes (Falata and Hawsa), includingchildren, as militia in Tadamon locality against the SudanesePeople’s Liberation Movement – North (SPLM-N). The SPLM-Nforcibly recruited and used child soldiers in South Kordofanand Blue Nile states. There were also reports that elementsin Sudan tied to anti-South Sudanese militias – such as theSouth Sudanese Defense Forces (SSDF) and the rebel groupsof the late Lieutenant General George Athor, the late ColonelGatluak Gai, and Captian Johnson Olonyi – kidnapped andforcibly recruited ethnic Southerners, including children, tofight in the “Three Areas” (including Abyei) on the side of theGovernment of Sudan or with the SSDF rebels.The Government of Sudan does not fully comply withthe minimum standards for the elimination of traffickingand is not making significant efforts to do so. While thegovernment took some initial steps during the reportingperiod to acknowledge the existence of trafficking, draftanti-trafficking legislation, prosecute suspected traffickers,demobilize and reintegrate child soldiers, and waive overstayfines for foreign domestic workers, its efforts to combat humantrafficking through law enforcement, protection, or preventionmeasures were undertaken in an ad hoc fashion, rather thanas the result of strategic planning. The government convictedthree traffickers, but did not officially identify traffickingvictims or make public data regarding its efforts to combathuman trafficking. Its proxy militias reportedly unlawfullyrecruited and used child soldiers during the reporting period,and it did not take action to conclude a proposed action planwith the UN to address the problem.SUDAN TIER RANKING BY YEAR2005 2006 2007 2008 2009 2010 2011 2012Recommendations for Sudan: Enact a comprehensive legalregime to define and address human trafficking crimes andharmonize various existing legal statutes; increase efforts toinvestigate suspected human trafficking cases, increaseprosecution of trafficking offenses, and convict and punishtrafficking offenders; launch a public awareness campaign toeducate government officials and the general public on thenature and dangers of human trafficking; institute regulartraining for Sudanese diplomats posted overseas, as well asofficials who validate migrant workers’ employment contractsor regulate employment agencies, to enable proactiveidentification and provision of services to trafficked migrantworkers; establish an official process for law enforcementSUDAN
324SUDANofficials to identify trafficking victims among vulnerablegroups and refer them for assistance; allow unimpeded accessto military barracks for monitoring missions to identify andremove any child soldiers; demobilize all remaining childsoldiers from the ranks of aligned militias; amend the Lawof 1955 Regarding Domestic Servants to provide additionalrights and protections for domestic workers, such as mandatorywritten employment contracts and a limit on the number ofhours worked each day; develop, publicize, and enforce aclear, easily-navigable process for employers to officiallyregister their domestic workers and employment contracts,as required by the Law of 1955 Regarding Domestic Servants,as well as regularize illegally-present foreign domestic workers;take steps to identify and provide protective services to alltypes of trafficking victims found within the country,particularly those exploited in domestic servitude orcommercial sexual exploitation; and make a much strongereffort through a comprehensive policy approach that involvesall vested parties to identify, retrieve, and reintegrate abducteeswho remain in situations of enslavement.ProsecutionThe government’s anti-trafficking law enforcement effortsnominally increased during the reporting period. Although itbegan the process of enacting legislation prohibiting humantrafficking and initiated law enforcement action againstseveral suspected trafficking offenders, it also arrestedpotential human trafficking victims as they protested allegedinfringements of their labor rights. The government neitherdocumented its anti-trafficking law enforcement effortsnor provided specialized anti-trafficking training to police,military, prosecutorial, or judicial personnel. The Criminal Actof 1991 does not prohibit all forms of trafficking in persons,though Articles 156 and 163 prohibit inducing or abductingsomeone to engage in prostitution (seduction) and forcedlabor, respectively. Prescribed penalties of up to five years’imprisonment for seduction are sufficiently stringent, butnot commensurate with those prescribed for other seriouscrimes, such as rape. Article 156 prescribes penalties of upto seven years’ imprisonment for aggravated seduction of achild. Prescribed penalties for forced labor of up to one year’simprisonment or a fine are not sufficiently stringent. Notrafficker has ever been prosecuted under these articles, andit was unclear whether the National Security and IntelligenceService or police forces from the Ministry of Interior – theentities responsible for investigating cases of human trafficking– did so during the reporting period. The Child Act of 2008,enacted in January 2010, prohibits but does not prescribepunishments for forced child labor, child prostitution, sextrafficking, and the recruitment of children under the ageof 18 into armed forces or groups. It includes provisions forthe rehabilitation and reintegration of children victimizedby such crimes, though no government entity has yet beenassigned responsibility for implementing these provisions.Some states, such as Southern Kordofan, subsequently enactedtheir own child acts based on the national law. The SudanArmed Forces Act of 2007 prohibits members of the armedforces from recruiting children younger than 18, enslavingcivilians, or coercing civilians into prostitution; the actprescribes penalties of up to five years’ imprisonment for childrecruitment and up to 10 years’ imprisonment for enslavementor forced prostitution. The government has never used thisstatute to prosecute any person in its armed forces. The Lawof 1955 Regarding Domestic Servants outlines a process foremploying and registering domestic workers, and provideslimited labor rights and protections for such workers. Localobservers, however, indicated that attempting to officiallyregister domestic workers, as required by the law, entaileda long and complicated process fraught with bureaucraticimpediments, including high fees and officials’ expectationof receiving bribes. As a result, it appears that few, if any,employers register their domestic workers and the law is notenforced.The Secretariat for Sudanese Working Abroad reported drafting,in conjunction with the Ministry of Justice, a comprehensiveanti-trafficking law during the year. In 2011, the Sudan PoliceForce (SPF) established a directorate of trafficking in personsto respond to trafficking crimes, but it has not yet becomeoperational. The SPF also appointed a dedicated districtattorney to the prosecution of crimes involving womenand children. In August 2011, a Khartoum court convictedand sentenced two people to 10 years’ imprisonment underArticle 45 (child trafficking) of the Child Act and Article 85(kidnapping) of the Criminal Act for abducting and selling achild for the equivalent of $5,500; the buyer received a five-year sentence. In January 2012, Sudanese intelligence officialsarrested and charged 10 suspected traffickers – one Eritreannational and nine Sudanese, including a member of theSudanese Armed Forces – in Kassala State; the accused awaitedtrial in the Kassala court at the close of the reporting period.ProtectionThe government demonstrated modest efforts to protectvictims of trafficking during the past year by waiving theoverstay fine of some migrant domestic workers, facilitatingand financing the return of thousands of stranded Sudanesemigrant workers from Libya, and demobilizing 438 childsoldiers, an increase over the previous reporting period. It didnot, however, officially identify any victims of trafficking ormaintain records regarding its efforts to provide protectiveservices to such individuals. Sudan has few victim carefacilities accessible to trafficking victims. The Ministry ofWelfare and Social Insurance is responsible for providing legalprotection, housing, shelter, and medical and psychosocialsupport to women and children vulnerable to commercialsexual exploitation and other forms of trafficking withinSudan; it provided limited medical and psychosocial careto an unknown number of potential trafficking victims inseveral states in 2011. Police child and family protectionunits, which existed in only six states at the close of theprevious reporting period, were established in all 17 statesin 2011 and were staffed by social workers who offered legalaid and psychosocial support to victims of abuse and sexualviolence; the capacity of these units and amount of servicesthey provided varied from state to state. Police referred streetchildren in abusive situations to orphanages on a case by casebasis and remanded individuals who may have been traffickedto the care of community leaders. UNICEF reported, forexample, that the enactment of the Child Act in 2010 spurredKhartoum’s judiciary to seek alternate methods in 2011 indealing with children trafficked to Sudan from Ethiopia andEritrea, such as reintegrating them through local communityleaders rather than deporting them to their countries oforigin. In January 2012, police in Kassala State referred 27potential victims of trafficking to a guesthouse operatedby the commissioner of refugees, where basic medical carewas provided. Although 24 victims were transferred to arefugee camp for processing as asylum seekers, police detained
325three victims at the guesthouse for use as witnesses in theprosecution of their alleged traffickers.The SPAF’s child protection unit is charged with monitoringchild soldiering and conducting training about the lawsprotecting children. The unit does not have any enforcementmechanisms and refused requests to meet or provideinformation on its efforts for inclusion in this report; it isunknown whether it demobilized children from associatedmilitias during the year. In contrast, in April 2011, theSudan Disarmament, Demobilization, and ReintegrationCommission (SDDRC), with assistance from internationalpartners, demobilized 190 child soldiers from the SPLA in aceremony in Karmuk locality, South Kordofan State; thoughthe children were reintegrated, the SDDRC and UNICEFlost contact with them after fighting broke out in the state.In September, the SDDRC, in collaboration with the WestDarfur DDR Commission, the African Union – United NationsMission in Darfur (UNAMID), UNICEF, the Ministry ofSocial Affairs, and a local NGO, commenced the registrationand release of children associated with JEM/Peace Wing,SLA/Mustapha Terab, and the LRM in El Geneina, Masteri,Beida, Krenek, and Silea. The exercise included communityorientations, registration (socio‐economic profiling and aneligibility check), medical screening, and an HIV/AIDS briefing.It concluded with a caseload of 294 children, 164 of whomwere demobilized and reintegrated. The SDDRC, with thesupport of UNICEF and UNAMID, established a committeefor child reintegration within its child protection workinggroup to coordinate the reintegration of children into theircommunities and prevent re-recruitment. In July 2011, thecommittee – which also included the population council, thestate council for child welfare, and NGOs – began oversightof six-month technical skills development course in carpentryand welding in South Darfur for 18 boys released from SLA/Peace Wing. The SDDRC and its partners also demobilizedand reintegrated 84 children in North Darfur during year.The Ministry of Labor’s Secretariat of Sudanese WorkingAbroad, the body responsible for collecting fees and taxesfrom migrant workers before their departure and protectingtheir rights and interests while abroad, reportedly has ananti-trafficking section to repatriate abused workers fromthe Middle East; the government failed to facilitate meetingswith this body for the purpose of providing information onits anti-trafficking efforts during the reporting period. Theimmigration authority, however, waived the overstay finesfor 48 Filipina domestic workers, allowing them to returnto the Philippines. It is unknown what efforts, if any, theMinistry of Foreign Affairs or any of Sudan’s diplomaticmissions made during the reporting period to directly addressthe significant problem of labor exploitation of Sudanesenationals working abroad. In early 2011, however, a jointgovernmental mechanism – comprised of the ministries ofForeign Affairs and Interior and the Secretariat of SudaneseWorking Abroad – began meeting to address the needs ofthousands of Sudanese migrant workers stranded in Libya asthe result of civil conflict. In April 2011, the secretary generalof the Secretariat for Sudanese Working Abroad visited theShosha camp on the border between Tunisia and Libya to assessthe wellbeing of Sudanese migrant workers who had fled theinstability. By May 2011, the government spent the equivalentof $11.77 million to evacuate at least 45,000 Sudanese migrantworkers, some of whom may have been trafficking victims,to Khartoum; it is unclear to what extent the workers werescreened for trafficking victimization.The government did not employ a system for proactivelyidentifying trafficking victims among vulnerable populationsor a referral process to transfer victims to organizationsproviding care. It did not encourage victims’ assistance inthe investigation and prosecution of trafficking crimes orprovide legal alternatives to the removal of foreign victimsto countries where they would face hardship or retribution.No reliable data exists regarding the detention or punishmentof trafficking victims for unlawful acts committed as a resultof being trafficked. In August 2011, Sudanese police arrestedapproximately 40 Indian migrant workers as they protestedin front of a power plant in Kosti demanding payment oftheir salaries; beyond the nonpayment of wages, the workersalso alleged being forced to work after the expiry of theirvisas and to live in substandard conditions. Although theworkers were released, paid their overdue wages, and returnedto India shortly thereafter, it is unclear to what extent thegovernment addressed the allegations of labor exploitation.The government made no efforts in 2011 to assist victims ofabduction and enslavement that occurred during the 1983-2005 civil war or facilitate their safe return to their families.PreventionThe government made limited efforts during the reportingperiod to prevent trafficking, and certain entities for the firsttime acknowledged the existence of trafficking in Sudan.In January 2012, the justice and legislation committee ofthe Sudanese Parliament publicly discussed with the pressthe existence of human trafficking in Sudan. In February2012, the director general for passports and immigration ofthe Ministry of Interior, also while speaking with the press,acknowledged the existence of human trafficking, especiallyin Khartoum. The government, however, did not conduct anyformal anti-trafficking education campaigns. In June 2011, theSDDRC and UNICEF conducted a sensitization workshop onchildren’s rights and the prevention of recruitment and use ofchildren for 66 leaders and members of three armed groupsin West Darfur who had provided new lists of children to bereleased and registered; verification of these lists was ongoingat the close of the reporting period. The Ministry of Defense,however, did not approve the joint action plan with the UNto end the recruitment and use of child soldiers, including inproxy groups, that was drafted in 2010. The government didnot take any known measures during the reporting period toreduce the demand for forced labor or commercial sex acts.Sudan is not a party to the 2000 UN TIP Protocol.SURINAME (Tier 2 Watch List)Suriname is a destination, source, and transit country for women,men, and children who are subjected to sex trafficking and forcedlabor. Women and girls from Suriname, Guyana, Brazil, andthe Dominican Republic are subjected to sex trafficking in thecountry, many of them lured with false promises of employment.In past years, Asian men, particularly from China, have arrivedin Suriname in search of employment but subsequently havebeen subjected to forced labor, including in the service sectorand construction. Although media reports indicate that debtbondage and sex trafficking occur within the Chinese migrantcommunity, no victims from this community were identifiedduring the year. NGOs and government sources suggest thatsome women and girls could be exploited in sex traffickingin Suriname’s interior around mining camps, although theSURINAME
326SWAZILANDremote and illegal nature of these camps makes the scope ofthe problem unknown, and there is little government presencein these areas. Children working in informal urban sectors andgold mines were also vulnerable to forced labor.The Government of Suriname 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 last year. Therefore,Suriname is placed on Tier 2 Watch List. Although authoritiesidentified and assisted two trafficking victims, the governmentdid not prosecute or convict any trafficking offenders duringthe year, did not offer legal alternatives to deportation toforeign victims, and conducted few trainings or awareness-raising efforts.SURINAME TIER RANKING BY YEAR2005 2006 2007 2008 2009 2010 2011 2012Recommendations for Suriname: Vigorously investigateand prosecute trafficking cases and convict traffickingoffenders; ensure that a victim’s initial refusal to testify againsta trafficker does not prevent authorities from pursuing aprosecution; establish provisions for legal alternatives tovictims’ removal to countries where they would face retributionor hardship; provide training to law enforcement, immigration,labor, and judicial officials and social workers regarding theidentification of trafficking cases and the treatment of victims;ensure that victims receive specialized services throughpartnering with and funding NGOs that provide these services;consider implementing a national anti-trafficking plan; andcontinue to raise awareness about all forms of trafficking.ProsecutionThe Government of Suriname made limited law enforcementefforts against trafficking offenders over the last year. Surinameprohibits all forms of human trafficking through a 2006amendment to its criminal code, which prescribes sufficientlystringent penalties of five to 20 years’ imprisonment – penaltiesthat are commensurate with those prescribed for other seriouscrimes, such as rape. The police continued to operate a four-person specialized anti-trafficking unit that investigatedcases and conducted administrative checks of nightclubsin the capital where prostitution occurred; no victims wereidentified during these inspections during the year. Authoritiesinvestigated two cases of sex trafficking in 2011, compared tothree cases of sex trafficking and one case of labor traffickingin 2010. No new prosecutions were initiated during theyear, and the authorities convicted no traffickers during thereporting period. In comparison, authorities prosecuted andconvicted two sex trafficking offenders during the previousyear. Prosecutions are almost exclusively dependent on thevictim’s willingness to testify. Authorities had insufficientresources to conduct investigations in the country’s interior.While there were no reported government efforts to provideanti-trafficking training to officials, officials participatedin several workshops funded by a foreign government. Thegovernment reported no data on public officials investigated,prosecuted, convicted, or sentenced for trafficking-relatedcomplicity, although in past years some NGOs have voicedconcern regarding police complicity and stopped workingwith police on potential trafficking cases.ProtectionThe Government of Suriname provided limited protectionsto trafficking victims, working with NGOs to provide victimswith access to basic services. Authorities did not employ formalprocedures to proactively identify trafficking victims amongvulnerable populations, such as women in prostitution ormigrant workers. Although the government did not have aformalized process to refer trafficking victims to NGOs thatprovide services, authorities reported doing so on an ad hocbasis. The government worked with two NGOs, one of whichoffers shelter, to fund basic services to the two child victimsof sex trafficking, one from Guyana and one from Suriname,identified by authorities during the reporting period. Someofficials noted that there were insufficient resources to payfor victim care. NGOs working with people in prostitutiondid not actively seek to identify additional victims during theyear, in part out of wariness of working with authorities onthis issue. The government maintained a shelter for victimsof domestic violence that could house trafficking victims,although the government did not report that any victimsreceived care at this shelter during the reporting period. Thegovernment reported encouraging victims to assist with theprosecution of trafficking offenders; however, there is nomechanism in place to provide deportation relief to foreignvictims of trafficking.PreventionThe Government of Suriname maintained limited traffickingprevention efforts during the reporting period. Thegovernment’s inter-agency anti-trafficking working group,which met on a monthly basis, continued to coordinate thegovernment’s anti-trafficking efforts. The anti-trafficking planfor 2011, drafted by the working group in 2010, remainedunapproved during the reporting period. Despite publicitycampaigns during the year, the anti-trafficking hotlineadministered by the police reportedly received no phone calls.There were no reported measures against child sex tourismduring the year. The government made no discernible effortsto reduce the demand for commercial sex or forced labor.SWAZILAND (Tier 2)Swaziland is a source, destination, and transit country forwomen and children who are subjected to sex trafficking,domestic servitude, and forced labor in agriculture. Swazigirls, particularly orphans, are subjected to sex traffickingand domestic servitude in the cities of Mbabane and Manzini,as well as in South Africa and Mozambique. Reports suggestlabor brokers, the majority of whom recruit Swazi nationalsfor work in South African mines, fraudulently recruit workersand charge excessive fees – means often used to facilitatetrafficking crimes. Swazi chiefs may coerce children andadults – through threats and intimidation – to work for theking. Swazi boys are forced to labor in commercial agricultureand market vending within the country. Some Swazi womenare forced into prostitution in South Africa and Mozambiqueafter voluntarily migrating in search of work. Traffickers
327reportedly force Mozambican women into prostitution inSwaziland, or transit Swaziland with their victims en routeto South Africa. Mozambican boys migrate to Swaziland forwork washing cars, herding livestock, and portering; someof these boys subsequently become victims of forced labor.Indian nationals transit Swaziland en route to South Africa,where they may subsequently be subjected to forced labor.The Government of Swaziland does not fully comply with theminimum standards for the elimination of trafficking; however,it is making significant efforts to do so. During the last year,the government investigated several suspected traffickingcases. However, in attempting to resolve one case involvingsix individuals identified as trafficking victims by authorities,the government closed the investigation and convicted anddeported the victims on immigration violations. The resolutionof this case prompts grave concerns, revealing that Swaziauthorities are without the capacity to adequately investigatetrafficking cases and appropriately protect victims. Althoughthe anti-trafficking task force and its secretariat continued tocoordinate interagency efforts, prevention efforts dominatedtheir work and lack of funds hindered their efforts to protectvictims. This lack of resources and capacity and increasingresource constraints hindered progress on all fronts.SWAZILAND TIER RANKING BY YEAR2005 2006 2007 2008 2009 2010 2011 2012Recommendations for Swaziland: Complete the reviewand drafting of amendments to the 2010 anti-trafficking actto allow for permanent residency of foreign trafficking victims;complete and disseminate implementing regulations to fullyimplement the 2010 anti-trafficking act’s victim protectionand prevention provisions; differentiate the process of victimidentification from the prosecution of offenders, as victimidentification should not be tied to the successful prosecutionof a trafficker; investigate and prosecute trafficking offenses,including internal trafficking cases, and convict and punishtrafficking offenders; begin regulating labor brokers andinvestigate allegations of fraudulent recruitment; train officialson the 2010 anti-trafficking act and case investigationtechniques; develop and implement formal procedures toidentify trafficking victims proactively and train officials onsuch procedures; continue partnering with non-governmental,international, and religious organizations to provide servicesto victims; develop a formal system to refer victims to suchcare; institute a unified system for collecting trafficking casedata for use by all stakeholders; and continue to conduct anti-trafficking awareness campaigns.ProsecutionThe Government of Swaziland’s anti-trafficking lawenforcement efforts decreased during the reporting period.The government did not convict any trafficking offenders. Thegovernment investigated several trafficking cases; however, itwas unable to provide detailed information on all but oneof these cases. The People Trafficking and People Smuggling(Prohibition) Act, 2009, which became effective in March 2010,prescribes penalties of up to 20 years’ imprisonment, plus a fineto compensate the victim for losses, under section 12 for thetrafficking of adults and up to 25 years’ imprisonment undersection 13 for the trafficking of children; these penalties aresufficiently stringent and commensurate with those prescribedfor other serious crimes, such as rape. The government hasyet to draft or enact the necessary implementing regulationsfor the law or to successfully convict a trafficking offenderunder the 2010 anti-trafficking act.In May 2011, the government charged a civil servant withrape of a prostituted child, as well as a suspected femaletrafficker who procured the 13-year-old victim for the civilservant; charges were dropped in this case due to insufficientevidence. In July 2011, the Royal Swaziland Police stopped aminibus transporting eight Indians en route from Mozambiqueto South Africa, including six male passengers, one femalepassenger, and one driver. Police released the driver on accountof his proper immigration documentation and took the sevenpassengers into police custody, notifying the secretariat thatthey were potential trafficking victims. Authorities believedthat six of the passengers were to be subjected to forcedlabor in South Africa, while the seventh was believed to besmuggled. Unable to locate the suspected trafficker, Swaziofficials concluded it was too difficult and costly to investigatethe case under the anti-trafficking law and, instead, prosecutedand convicted all seven Indian nationals with immigrationviolations, sentencing them to 20 days’ imprisonment orpayment equivalent to approximately $27 before deportingthem to India. After this case revealed inconsistencies betweenthe anti-trafficking act and the Immigration Act of 1992, thegovernment initiated a process to harmonize these laws. Inlate 2011, in partnership with UNODC, the secretariat heldtwo workshops to identify all laws in conflict with the 2010anti-trafficking act; by February 2012, stakeholders drafteda number of recommended amendments, which were sent tothe attorney general. During the reporting period, the RoyalSwaziland Police Service cooperated with South African andU.S. counterparts in the investigation of trafficking cases. Thegovernment did not provide anti-trafficking training to itsofficials during the year.ProtectionThe government demonstrated minimal capacity to protecttrafficking victims during the reporting period. The secretariatlacked sufficient funds to shelter and feed the seven Indiannationals – six of whom authorities identified as traffickingvictims – during the investigation of their case; through theassistance of local NGOs and with members of the secretariatcontributing from their personal finances, the secretariatwas ultimately able to house, feed, clothe, and providecounseling and medical care to all seven for several weeks.Before being placed in the protective custody of the secretariat,the six identified trafficking victims had been kept in policedetention for one to two days and were ultimately chargedwith immigration violations and deported. The governmentassisted NGOs by providing professional services, includinghealth care and counseling, at the government’s expense.The government continued to lack systematic proceduresfor the proactive identification of trafficking victims andtheir referral to shelters. Some cases of trafficking were notadequately investigated, leading to victims being chargedwith immigration violations and placed in detention facilities.The government did not offer foreign victims alternatives totheir removal to countries where they may face retributionor hardship.SWAZILAND
328SWEDENPreventionThe government maintained its modest efforts to preventtrafficking during the reporting period. The Task Force for thePrevention of People Trafficking and People Smuggling andits secretariat, which coordinates the work of the task force,held regular meetings and encouraged information sharing.In May 2011, in partnership with UNODC, the task force helda stakeholder workshop, producing a framework document,which will guide the drafting of the national strategic plan in2012. The secretariat conducted public awareness activities atthe Swaziland international trade fair in Manzini in August2011, targeting traditional leaders, students, young women,and parents with information on preventing child traffickingand how to report suspected cases. The task force, secretariat,police, and immigration officials made presentations at threeNGO-funded workshops on the role of government authoritiesin anti-trafficking efforts, reaching over 350 people. The anti-trafficking hotline – funded and managed by the government– continued to receive tips on potential cases; the governmentwas unable to provide statistics on the number of trafficking-related tips received during the year. The Ministry of Laborconducted more than 1,800 labor inspections in 2011, noneof which were focused on child labor or revealed child laborviolations. The government has not identified or prosecutedlabor brokers, who were alleged to fraudulently recruitworkers and charge excessive fees; all labor brokers remainedunregulated. Although the government attempted to reducedemand for commercial sex acts by arresting clients of childrenin prostitution, it did not report the current status of thesecases. Swaziland is not a party to the 2000 UN TIP Protocol.SWEDEN (Tier 1)Sweden is a destination, source, and, to a lesser extent, atransit country for women and children subjected to sextrafficking and a destination country for men, women,and children subjected to forced labor. Women, men, andchildren are subjected to forced labor and forced criminalbehavior, including begging and stealing. Swedish policehave estimated that 400 to 600 persons are subjected tohuman trafficking in Sweden annually. Although in previousyears forced prostitution has been the dominant type oftrafficking in Sweden, in 2011 the number of reported labortrafficking victims was larger than the number of reported sextrafficking victims. Foreign victims of sex trafficking originatefrom Central and Eastern Europe (Romania, Russia, Bulgaria,Hungary, the Czech Republic, the Slovak Republic, Albania,Estonia, Lithuania, and Armenia), Africa (Nigeria, Tanzania,Kenya, Ghana, Uganda, Sierra Leone, Gambia, Kenya), and Asia(Thailand, China, Uzbekistan, Kazakhstan, and Mongolia).Swedish girls were also vulnerable to sex trafficking withinthe country, which mostly occurs in apartments, houses, andhotels. Other sex trafficking victims are exploited in massageparlors. Both victims and perpetrators of forced begging andstealing originate primarily in Romania, Belarus, and Bulgaria.Other labor trafficking victims have originated in Thailand,Bangladesh, Vietnam, Latvia, and Estonia. The proportion ofEU citizens who are labor trafficking victims has increasedfollowing the Swedish government’s reduction of work permitsissued to non-EU citizens and a subsequent rise in the numberof migrants from other EU states working in Sweden. Labortrafficking occurs in the domestic service and hospitalitysectors, as well as in seasonal labor, when workers travel toSweden to pick berries or perform construction or gardeningwork. Approximately one-third of identified victims werechildren. Authorities report that organized crime groupsare increasingly involved in leading trafficking schemes inSweden. Mentally or physically disabled men, women, andchildren, members of minority groups, and the indigent wereparticularly vulnerable to trafficking. The approximately 2,657unaccompanied foreign children who arrived in Sweden in2011, primarily from Afghanistan, were also vulnerable tohuman trafficking; some have gone missing since their arrivalin Sweden. Child sex tourism offenses committed by Swedishnationals traveling abroad remain a problem.The Government of Sweden fully complies with the minimumstandards for the elimination of trafficking. Although thegovernment’s anti-trafficking program was still formallylimited by the scope of the Action Plan against Prostitutionand Human Trafficking for Sexual Purposes, the Governmentof Sweden identified a greater number of labor traffickingvictims by voluntarily addressing labor trafficking outsideof the mandate of the action plan. The Swedish governmentemployed creative methods to encourage all relevant actorsin the government to address trafficking in persons, involvingnon-traditional actors, such as the tax authorities to investigatetrafficking crimes. New regulations established to preventforced labor in berry picking yielded some results. Nevertheless,Swedish courts repeatedly rejected trafficking cases under aninterpretation of Swedish trafficking laws that requires proofof intent to subject the victim to servitude at the outset of thecriminal scheme.S E E E B ERecommendations for Sweden: Vigorously prosecute,convict, and punish labor and sex trafficking offenders usingSweden’s anti-trafficking statute; ensure that traffickingoffenders receive sentences commensurate with the gravityof this serious crime; continue training judges, particularlyappellate judges, on the application of the anti-traffickinglaw; ensure that migrant and seasonal laborers receiveeducation about their rights in Sweden; ensure that traffickingvictims are offered a reflection period in accordance withSwedish law; continue efforts to identify and providetrafficking-specific assistance to child trafficking victims inSweden, including Swedish victims of trafficking; considerproactive measures to prevent unaccompanied foreign minorsfrom being subjected to sex trafficking and forced labor;formalize victim identification mechanisms; ensure that labortrafficking is explicitly included in the mandate of the NationalCoordinator and any national action plan; ensure that victimsof labor trafficking are provided with full information abouttheir rights and that they are empowered to testify againsttheir exploiters; provide longer term residency options forvictims who may face retribution or hardship in their countryof origin; ensure that municipal authorities, charged withimplementing trafficking victim protection, are educated onanti-trafficking norms; consider a national anti-traffickingawareness campaign to address forced labor in addition toforced prostitution; continue to provide human trafficking
329awareness training to all Swedish peacekeepers; vigorouslyprosecute Swedish child sex tourism offenders; continueregular, self-critical assessments of Sweden’s anti-traffickingefforts.ProsecutionThe Government of Sweden improved its anti-trafficking lawenforcement efforts during the reporting period, increasing sextrafficking investigations and expanding efforts to investigatelabor trafficking. Sweden’s 2002 anti-trafficking law prohibitstrafficking for both sexual exploitation and forced labor andprescribes penalties of two to 10 years’ imprisonment. Thesepenalties are sufficiently stringent and commensurate withthose prescribed for other serious crimes, such as rape. In2011, Swedish law enforcement investigated 35 sex traffickingcases, in contrast to 32 sex trafficking investigations in 2010.Law enforcement investigated 62 cases of labor traffickingand of forced begging or criminal behavior, an increasefrom 52 cases in 2010. Thirty percent of all trafficking casesinvolved the exploitation of children. Prosecutors initiatedprosecutions of 43 suspected trafficking offenders underSweden’s trafficking statute and related laws, in contrast to37 prosecutions initiated in 2010. The courts dismissed eightcases, down from 10 dismissals in 2010. The authoritiesconvicted the remaining 27 offenders, delivering sentencesup to four and 2 half years in prison. In 2010, the courts alsoconvicted 27 offenders, with sentences of up to six yearsin prison. Many of these cases were reversed on appeal, orsentences were reduced. In 2010, the government revised itsanti-trafficking law to clarify that evidence of a victim’s initialconsent does not override evidence of subsequent coercionin the context of trafficking prosecutions. Implementationof this amendment has been inconsistent. Prosecutors reportthat it can be difficult to obtain convictions in otherwisestrong trafficking cases when there is insufficient proof ofintent to force the victim into servitude at the outset of thecase. Instead, they sometimes manage to obtain convictionson parallel charges, such as assault or fraud. For example, ina high profile case involving the alleged labor trafficking of amentally disabled Bulgarian man, the defendants had forcedthe victim to return to a labor camp by tying a rope aroundhis neck and forcing him to run behind their car. Despitethese facts, the court acquitted the defendants of traffickingcharges. Both the government and NGOs opined that judicialunderstanding of trafficking is often low. In 2011, the policeand prosecution service convened a series of working meetingsto increase effectiveness of trafficking investigations. At themeetings, the group disseminated trafficking indicator cards.The Swedish police, border officials, immigration authorities,and tax authorities all received specialized trafficking training.The tax authority has been an active partner in anti-traffickinginvestigations. Fifteen thousand individuals have receivedanti-trafficking training under the auspices of Sweden’s anti-trafficking plan since 2008. Sweden collaborated with foreigngovernments, including the United Kingdom, Estonia, andFinland to investigate trafficking. The government did notreport the investigation, prosecution, or conviction of anygovernment officials complicit in trafficking.ProtectionThe government improved its protection efforts during thereporting period, identifying more trafficking victims. Thegovernment identified approximately 141 victims of traffickingduring the reporting period, an increase from 84 victimsidentified in the previous reporting period. Approximately66 victims were sex trafficking victims; 75 were victims offorced labor. The government funded the provision of victimservices through municipal authorities, regional operativeteams, and NGOs to provide female and male victimswith shelter, psychological care, rehabilitation, health care,vocational training, and legal assistance. NGOs reported thatmunicipal authorities had an uneven understanding of victimprotection protocols, but that the authorities worked well withthe Stockholm County Administration victim coordinatorto ensure appropriate care. During the year, the governmentprovided temporary residence permits to trafficking victimswho cooperate in the criminal investigation of traffickingoffenders; there were no reports of immigration relief givento victims who chose not to cooperate. The prosecutor alsohad the discretion to file for permanent residency after theconclusion of the criminal case. Furthermore, a provision ofAliens Act allowed a number of trafficking victims to applyfor and receive permanent residency as a person in need ofprotection. The Swedish government issued 39 temporaryresidence permits this year to trafficking victims who assistedin the criminal investigation of the trafficking cases; it issued40 residence permits in 2010. Victims also had the right to areflection period of at least thirty days in which they coulddecide whether to participate in the criminal process. Policeand NGOs both have noted that victims were rarely informedof their right to a reflection period. The reflection period wasinvoked in a few cases; two victims of trafficking declinedto participate in the criminal proceedings at the conclusionof the reflection period. NGOs observed that the thirty-dayperiod was too short. In at least one case, the prosecutorsucceeded in obtaining a permanent residency permit in a casein which there was no conviction. The government offeredincentives to trafficking victims to participate in prosecutions.It appointed legal counsel to victims of trafficking during thecourse of criminal proceedings and, although there was noformal victim restitution program, the government’s CrimeVictim Compensation and Support Authority sometimesawarded compensation to trafficking victims. There were noreports that the government penalized identified victims forunlawful acts committed as a direct result of being trafficked.PreventionThe Swedish government improved its prevention effortsduring the reporting period, appointing an anti-traffickingambassador, continuing to strengthen efforts to preventlabor trafficking, and engaging in international outreach toprevent trafficking in persons. The Swedish government’s anti-trafficking program was still formally guided and funded byan extension of its 2008-2010 Action Plan against Prostitutionand Human Trafficking for Sexual Purposes. Under this plan,the Government of Sweden designated the Stockholm CountyAdministration as the coordinating body of the government’santi-trafficking activities. Recognizing that forced labor hasexpanded in the country, Swedish authorities have voluntarilyacted, in the absence of a formal mandate, to combat thisadditional form of trafficking in persons. Nevertheless, thegovernment recognized that the lack of a formal mandate toaddress labor trafficking sometimes hindered its efforts toaddress the crime. The Swedish police National Rapporteurenhanced transparency by publishing reports describingtrafficking in the country. The government convened anInteragency Working Group to ensure communication ontrafficking issues across agencies. The Swedish Migration Boardimposed stricter regulations and better background checksSWEDEN
330SWITZERLANDon companies applying for foreign work permits, leading to areduction in the exploitation of non-EU citizens in traditionallyexploitative sectors. The Government of Sweden providedextensive foreign assistance to support anti-trafficking effortsabroad through its embassies and through foreign funding.Swedish authorities gave bilateral training to a variety offoreign government delegations on anti-trafficking.The Government of Sweden continued to fund study visitson anti-trafficking activities to representatives of otherEuropean countries. The government continued to conductrobust activities to reduce the demand for commercial sex,including by establishing a social services group that addressesindividuals arrested for purchasing commercial sex underthe 1998 Act Prohibiting the Purchase of Sexual Services;some regions of the country have seen double the numberof commercial sex purchasers voluntarily turn to the socialservices group for help. Sweden’s law prohibiting child sexualoffenses has extraterritorial effect, allowing the prosecutionof suspected child sex tourists for offenses committed abroad.Swedish police identified 50 Swedish citizens suspected tobe involved in child sex tourism. The National CriminalPolice staffed a unit focused on combating child sex tourismwith two intelligence officers and two full-time investigators,who assisted foreign and Swedish authorities with criminalcases of child sex tourism. In December 2011, a Swedishcourt convicted a 45-year-old Swedish citizen for sexuallyabusing four children in the Philippines in 2010, sentencing theoffender to five years in prison. The government provided anti-trafficking training to Swedish troops prior to their deploymentabroad on international peacekeeping missions.SWITZERLAND (Tier 2)Switzerland is primarily a destination and, to a lesser extent,a transit country for women and children subjected to sextrafficking and children forced into begging and theft. Sextrafficking victims originate primarily from Central andEastern Europe (Hungary, Romania, Bulgaria and Ukraine),though victims also come from Latin America (Brazil andthe Dominican Republic), Asia (Thailand), and Africa(Nigeria, Guinea, and Cameroon). During the last year, Swissgovernment officials and NGOs reported an increase in thenumber of women in prostitution and children forced intobegging and shoplifting from other parts of Europe, especiallyHungary, Romania, and Bulgaria, many of whom were ethnicRoma. The majority of identified victims in sex traffickingwere women between the ages of 17 and 25, although somevictims were as young as 14-years-old. Most victims reporteda significant history of exposure to violence and exploitationprior to their arrival in Switzerland. While the majority oftrafficking victims were found in urban areas, police andNGOs have encountered victims in bars in rural areas inrecent years. Swiss police encountered an increasing numberof sex trafficking victims forced into prostitution in privateapartments. There reportedly was forced labor in the domesticservice sector, particularly in foreign diplomatic householdsin Geneva, and increasingly in agriculture, construction,hotels, and restaurants. Federal police assessed that the totalnumber of potential trafficking victims residing in Switzerlandwas between 2,000 and 3,000. Most of the victims whowere trafficked to Switzerland were recruited through familymembers or friends.The Government of Switzerland does not fully comply with theminimum standards for the elimination of trafficking; however,it is making significant efforts to do so. The Swiss governmenttook strong and diverse efforts to prevent trafficking duringthe reporting period, including funding a campaign againstchild sex tourism, conducting a study on child begging, andforming bilateral working groups on trafficking with keysource countries. Nevertheless, many Swiss cantons identifiedfew children in begging as trafficking victims. Swiss efforts toprotect trafficking victims improved with the introduction ofmeasures to better protect witnesses; these measures were taken,in part, to lay the groundwork for Switzerland to ratify theCouncil of Europe Convention on Action against Traffickingin Human Beings. Switzerland also took critical federal-levelactions to enable the legislature eventually to pass a lawprohibiting prostitution of all persons under 18. Nevertheless,until the third-party harboring, transport, or recruitmentof a teenager in prostitution is illegal, Switzerland does notprohibit all forms of trafficking. In addition, improvements areneeded in accountability for convicted traffickers; suspendedsentences continue to be the norm.S E E B ERecommendations for Switzerland: Ensure the prohibitionof the prostitution of all persons under 18-years-old nationwide;explore ways to increase the number of convicted traffickerswho receive sentences commensurate with the gravity of thisserious crime; increase the number of convicted traffickersserving time in prison; provide adequate funding for traffickingvictim service providers and ensure there are trafficking-specific services for children and male victims; drawing fromrecommendations in the Union of Swiss Cities and City ofBern report on begging, strengthen trafficking victim servicesto children in begging in all cantons; identify more childrenin begging as trafficking victims; conduct a nationwideawareness campaign that addresses labor and sex traffickingand targets potential victims, the general public, as well aspotential clients of the sex trade and consumers of productsmade and services provided through forced labor.ProsecutionThe Government of Switzerland continued to improve itsanti-trafficking law enforcement efforts this reporting period,largely by moving forward toward the prohibition of childprostitution. Switzerland prohibits trafficking for most formsof sexual and labor exploitation through articles 182 and 195of the Swiss penal code, which prescribe penalties of up to20 years’ imprisonment; these penalties are commensuratewith penalties prescribed for other serious crimes, such asrape. Swiss law does not, however, expressly prohibit theprostitution of children aged 16 and 17 under all circumstancesthroughout the country, leaving these children vulnerableto sex trafficking when a third party profits from a child inprostitution. In December 2011, the Federal Council approvedan amendment to the Swiss penal code that would prohibitthe prostitution of children aged 16 and 17, including thetransportation or harboring of children in prostitution. This
331modification of the penal code is ongoing and is expectedto be completed by late 2012 or early 2013. In the reportingperiod, several cantons also prohibited child prostitution.The Swiss government continued to operate specialized anti-trafficking law enforcement units at the federal level. TheCoordination Unit against the Trafficking of Persons andSmuggling of Migrants (KSMM) is the specialized unit ofthe federal office of police tasked with anti-trafficking policy,information exchange, cooperation, and training; it is notdirectly involved in criminal proceedings or investigations.Swiss authorities conducted 233 investigations into humantrafficking and forced prostitution in 2011, in contrast to 159investigations in 2010. At least 11 of those cases involvedlabor trafficking. During 2011, the government prosecutedapproximately 50 suspected offenders for sex and labortrafficking offenses, and 69 for forced prostitution, comparedto 62 prosecutions for sex and labor trafficking and 99 forforced prostitution in 2010. Swiss authorities convicted 14 sextrafficking offenders in 2011, compared with the 31 offendersconvicted in 2009. Swiss courts continued to award suspendedsentences to many convicted trafficking offenders; althoughsome offenders received up to 4.5 years’ imprisonment, at leastthree other convicted offenders received suspended sentences.On April 1, the KSMM and the Swiss police institute held anadvanced course for police and security forces on combatinghuman trafficking. On October 27, the KSMM collaboratedwith a cantonal entity to organize an interdisciplinaryseminar for judicial authorities in the French-speaking partof Switzerland. In June, Swiss authorities incorporated manyof the principles of an anti-trafficking guide produced bythe Organization for Security and Cooperation in Europe(OSCE) into Swiss anti-trafficking training manuals. Theguide included instruction on how to identify potential andpresumed trafficking victims. During the reporting period,Swiss authorities cooperated with several countries and withEuropol to investigate trafficking crimes. The governmentdid not report the investigation, prosecution, conviction,or sentencing of any public officials for human traffickingcomplicity.The Swiss federal government improved efforts to bringforeign diplomats who had committed domestic servitudein Switzerland to accountability. In September 2011, thefederal court of the Canton of Geneva ruled that the consulgeneral of Saudi Arabia resident in Geneva had violated therights of two Indonesian domestic workers the consul generalhad employed for domestic work and childcare in 2005 and2006. The consul general had forced the two women to work14-hour days, paying them as little as $300 per month. Thecourt ordered the Saudi diplomat and the government ofthe Kingdom of Saudi Arabia to reimburse the two domesticworkers for unpaid wages totaling $82,000.ProtectionThe Government of Switzerland improved its victim protectionefforts during the reporting period, significantly enhancingprotections for victims who chose to be witnesses in courtproceedings. Under the Swiss Victims Assistance Law, alltrafficking victims were entitled to shelter, free medical aid,living stipends, and psychological, social, and legal assistancefrom government-funded victim assistance centers. Althoughsome facilities specialized in assistance to trafficking victims,most were shelters for victims of domestic violence. Traffickingvictims were allowed to leave the shelters at will and withoutchaperones. In 2011, the leading anti-trafficking NGO offeredspecialized shelter in apartments exclusively for femaletrafficking victims. Availability of services to men was oftenlimited in rural areas, but in urban areas, there were assistancecenters with more specialized expertise available for traffickedmen and boys. Male victims were occasionally accommodatedat hotels or NGO-run shelters. The Swiss government alsoprovided financial support to NGOs active in supportingtrafficking victims.Several of Switzerland’s cantons have formal procedures forthe identification of victims and their referral to protectiveservices. Swiss government authorities referred approximately53 percent of the trafficking victims to NGO assistance centers.Cantonal assistance centers identified at least 61 victimsin 2011, compared with 90 victims in 2010. The country’sprincipal anti-trafficking NGO received approximately half ofits operational funding from the government. The lead NGOreported assisting 164 trafficking victims, 61 of whom werenewly identified victims, compared with 179 sex traffickingvictims and seven labor trafficking victims in 2010. Over 80percent of these victims were sex trafficking victims. Federaland cantonal authorities compensated NGOs on a per capitabasis for services provided to trafficking victims. Althoughthe majority of victims served were women, one major anti-trafficking NGO offered assistance to a male sex traffickingvictim.The government encouraged victims of trafficking to participatein prosecutions; at least 100 victims of trafficking cooperatedin the investigation or prosecution of trafficking offenders in2011. The government implemented new witness protectionmeasures for high-risk trials, including trafficking trials; thenew measures provide the opportunity to obscure traffickingvictims’ physical appearances and relocate witnesses. TheSwiss Federal Council also allocated over $2 million forwitness protection facilities in 2012. Cantonal immigrationoffices granted 30-day stays of deportation to more than 19trafficking victims in 2011 and issued 66 short-term residencypermits to victims for the duration of legal proceedings againsttheir traffickers, compared with 34 stays of deportation and51 short-term residency permits in 2010. The governmentalso granted thirteen trafficking victims long-term residencypermits on personal hardship grounds, an increase from 10victims in 2010. Although there were no reports of victimsbeing penalized for unlawful acts committed as a direct resultof being trafficked, some victims not identified may havebeen treated as immigration violators. Swiss law enforcementtook efforts to ensure that children in begging were treatedas trafficking victims rather than criminals by making astrong policy statement on the proper treatment of childrenin forced begging.PreventionThe government significantly improved its traffickingprevention activities during the reporting period, adoptingnew regulations on the working conditions for domesticstaff in diplomatic households and entering into bilateralanti-trafficking partnerships with governments of keysource countries. The Swiss Federal council adopted thePrivate Household Employees Ordinance, which providednew guidelines for the working conditions for domestic staffemployed by members of the diplomatic and internationalorganization communities. The Swiss government strengthenedSWITZERLAND
332SYRIArelationships with source countries to address trafficking inpersons, including establishing a bilateral working groupwith Romania on trafficking in persons. During the pasttwo years, Switzerland has allocated the equivalent of $1.5million to support the code of conduct for the tourismindustry aimed at reducing child sex tourism. In May andNovember 2011, Swiss authorities also conducted workshopson combating child sex tourism. Nevertheless, the Swiss didnot prosecute any child sex tourism cases in 2011. The Swissgovernment gave significant funds to anti-trafficking programsinternationally, including in Africa, Nepal, and Sri Lanka.In order to raise public awareness, the Swiss governmentco-funded the production of a movie about trafficking inSwitzerland. The police coordinating unit collaborated withthe union of Swiss cities and the Bern police to conduct a studyand report on organized child begging, which concluded thatchildren begging and stealing should be considered victimsof trafficking rather than criminals and afforded protection.The government provided specific anti-trafficking training forall Swiss military personnel prior to their deployment abroadon international peacekeeping missions.SYRIA (Tier 3)Since March 2011, the Syrian government has deployedits security forces to violently repress anti-governmentdemonstrators; at the end of this reporting period, an estimated9,000 people have died since the protests began. Due to theincreasing lack of security and continued inaccessibility ofmany parts of the country, it is not possible to conduct athorough analysis of the impact of the ongoing conflict on thescope and magnitude of Syria’s human trafficking situation.Reports indicate that an unknown number of traffickingvictims have fled the country as a result of widespread violencethat has plagued many cities, including the capital Damascus,as well as a devastated economy; however, according tointernational organizations, some trafficking victims remaintrapped in Syria.Prior to the political uprising and violent unrest, Syria wasprincipally a destination country for women and childrensubjected to forced labor or sex trafficking. Thousands ofwomen – the majority from Indonesia, the Philippines, Somalia,and Ethiopia – were recruited by employment agencies to workin Syria as domestic servants, but were subsequently subjectedto conditions of forced labor by their employers. Some of thesewomen were confined to the private residences in which theyworked, and contrary to Syrian law, most had their passportsconfiscated by their employer or the labor recruitment agency.Contracts signed in the worker’s country of origin were oftenchanged upon arrival in Syria, contributing to the worker’svulnerability to forced labor. At the end of the reportingperiod, media reports suggested that undocumented Filipinadomestic workers continue to be sent to Syria after transitingDubai; these workers continue to be particularly susceptibleto conditions of forced labor. The Government of Ethiopia’sban on its citizens accepting employment in Syria did notstop the flow of workers into the country. Some Iraqi refugeesreportedly contract their daughters to work as maids in Syrianhouseholds, where they may be raped, forced into prostitution,or subjected to forced labor. At the end of the reporting period,the UN reported uncorroborated allegations that the Syrianopposition was using Syrian children as soldiers.Traffickers prey on Syria’s large Iraqi refugee population, withsome Iraqi women and girls exploited by their families or bycriminal gangs; victims were sent to work in nightclubs, placedinto temporary “marriages” to men for the sole purpose ofprostitution, or sold to pimps who rent them out for longerperiods of time. Some Iraqi parents reportedly abandonedtheir daughters at the Iraqi side of the border with Syriawith the expectation that traffickers would provide forgeddocuments for them to enter Syria and work in a nightclub.In other instances, refugees’ children remained in Syria whiletheir parents left the country in search of improved economiccircumstances, leaving the children vulnerable to trafficking.Iraqi women deported from Syria on prostitution charges arevulnerable to being trafficked or re-trafficked by criminal gangsoperating along the border. After political unrest escalated, theIraqi refugees that remained in Syria reported being unable tofind work in the informal sector, coerced into taking part inanti-government protests, and harassed by Syrian authorities,all of which increase this vulnerable population’s susceptibilityto trafficking.Syria has been a transit country for Iraqi women and girls,as well as Southeast Asians and East Africans who have beensubjected to conditions of forced prostitution in Europe, SaudiArabia, Kuwait, United Arab Emirates, and Lebanon. Priorto recent unrest, women from Eastern Europe – particularlyUkraine – Somalia, and Morocco were recruited legally ascabaret dancers in Syria; some “entertainers” were subsequentlyforced into prostitution after their employers confiscated theirpassports and confined them to their hotels.Anecdotal evidence suggests that some economically desperateSyrian children are subjected to conditions of forced laborwithin the country, particularly by organized street beggingrings. Some Syrian women in Lebanon may be forced toengage in street prostitution and small numbers of Syriangirls are reportedly brought to Lebanon for the purpose ofprostitution, including through the guise of early marriage.Small numbers of Syrian adults are reportedly subjectedto forced labor as low-skilled workers in Qatar and Kuwait.Syrians, as well as foreign migrant workers in Syria, that fledthe country during the widespread violence may be furthervulnerable to conditions of forced labor or forced prostitutionin countries to which they have fled.The Government of Syria does not fully comply with theminimum standards for the elimination of trafficking and isnot making significant efforts to do so. On June 1, 2011, theSyrian government issued an executive order requiring theimplementation of Decree No. 3, which prohibits humantrafficking. In conjunction with IOM, it also initiated ashort-term public awareness campaign and distributed ananti-trafficking memorandum to all police units. Despitethese efforts, the government did not demonstrate evidenceof increasing efforts to investigate and punish traffickingoffenses, provide protective services to victims, widely informthe public about human trafficking, or provide much neededanti-trafficking training to law enforcement and socialwelfare officials; it was unclear whether the anti-traffickingdirectorate was fully operational during this reporting period.The government also did not respond to requests to provideinformation on its anti-trafficking efforts for inclusionin this report. Furthermore, as civil unrest and violenceintensified, the government allocated the majority of its timeand resources towards violently suppressing popular protest,
333further endangering trafficking victims and other vulnerablepopulations that remained in the country.S E B ERecommendations for Syria: Implement the comprehensiveanti-trafficking law through increased investigations andprosecutions of trafficking offenders; provide training onhuman trafficking to police, immigration officials, labor, andsocial welfare officials, including those assigned to the anti-trafficking directorate; ensure that the anti-traffickingdirectorate is fully operational, continue to assign a significantnumber of female police officers to the directorate, and providespecific training on how to receive cases and interview potentialtrafficking victims with appropriate sensitivity; launch anationwide anti-trafficking public awareness campaign,particularly highlighting the appropriate treatment of domesticworkers under Syrian law; establish policies and proceduresfor law enforcement officials to proactively identify andinterview potential trafficking victims, and transfer them tothe care of relevant organizations; and designate an officialcoordinating body or mechanism to facilitate anti-traffickingcommunication and coordination among the relevant ministries,law enforcement entities, international organizations, andNGOs.ProsecutionThe government made limited progress in addressing humantrafficking through law enforcement measures during thereporting period. Inadequate law enforcement trainingremained a significant impediment to identifying andprosecuting trafficking crimes in Syria. Moreover, the significantunrest during the reporting period substantially hinderedany anti-trafficking law enforcement efforts. In June 2011,the Syrian government issued an executive order outliningthe implementation of its comprehensive anti-trafficking law,Decree No. 3, which provides a legal foundation for prosecutingtrafficking offenses and protecting victims, but does not providea clear definition of human trafficking. This law prescribesa minimum punishment of seven years’ imprisonment, apenalty that is sufficiently stringent though not commensuratewith those prescribed for other serious crimes, such as rape.Some activities continued as part of the Ministry of Interior’s200-person specialized anti-trafficking directorate, which wastasked in 2010 with investigating cases, raising public awareness,cooperating with foreign entities, training law enforcement,and tracking and annually reporting on the government’santi-trafficking efforts. While this anti-trafficking directoratecarried out some of these tasks and reportedly hired somefemale officers during the reporting period, the directoratedid not have a coordination role and it is unknown whetherit was fully operational in 2011. Moreover, the directorateprovided no information on its investigations or prosecutionsof suspected trafficking offenses. In June 2011, the Ministry ofthe Interior issued a memorandum that was disseminated toall police stations, which mandated the referral of potentialcases to the government’s anti-trafficking directorate. In theprevious reporting period, there were reports of collusionbetween low-level police officers and traffickers, particularlyregarding the trafficking of women in prostitution; during thelast year, there was no evidence that the government addressedcomplicity through investigations.ProtectionThe government made no discernible efforts to identify andprotect victims of trafficking during the reporting period. Bythe end of the reporting period, IOM had identified at least95 Filipina domestic workers believed to be trafficking victimstrapped in Hama and Homs, cities experiencing extremeviolence at the hands of the government. While the Philippineembassy attempted to negotiate with the employers of thedomestic workers for their release, there were no reports thatthe Government of Syria assisted the embassy in these effortsto identify and protect the workers, including possible victimsof domestic servitude. In contrast with the previous reportingperiod, the government did not refer any trafficking victims toNGO-operated shelters. The government also failed to instituteany systematic procedures for the identification, interview, andreferral of trafficking victims. As a result, victims of traffickingmay have been arrested and charged with prostitution orviolating immigration laws before being deported or punished.The government neither encouraged victims to assist ininvestigations or prosecutions of their traffickers nor providedforeign victims with legal alternatives to their removal tocountries in which they may face hardship or retribution.PreventionDuring the past year, the government made minimal efforts toprevent trafficking or to substantially raise awareness amongthe general public or government officials. In collaborationwith IOM, the government launched a one-week mediacampaign in mid-2011 that included posters, radio spots, andtelevision public service announcements on trafficking issues;however, most of the population continues to have little orno awareness of human trafficking, and the issue remained ataboo topic. In mid-2011, the anti-trafficking unit establishedand operated a hotline for reporting suspected cases of humantrafficking and attempted to circulate it through brochures andposters throughout major cities. The government provided noinformation on the number of calls the hotline received orinvestigations that may have resulted from hotline assistance.The status of the government’s national plan of action againsttrafficking, which was drafted in early 2010, is unknown. Thegovernment did not make efforts to reduce the demand forcommercial sex acts. Syria is not a party to the 2000 UN TIPProtocol.TAIWAN (Tier 1)Taiwan is a destination, and to a much lesser extent, source andtransit territory for men, women, and children subjected to sextrafficking and forced labor. Most trafficking victims in Taiwanare migrant workers from Vietnam, Thailand, Indonesia,mainland China, Cambodia, the Philippines, Bangladesh, andIndia, employed through recruitment agencies and brokersto perform low-skilled work in Taiwan’s manufacturing andfishing industries, and as home caregivers and domesticworkers. Many of these workers fall victim to labor traffickingby unscrupulous brokers and employers, who force workersto perform work outside the scope of their contract and oftenTAIWAN