333further endangering trafficking victims and other vulnerablepopulations that remained in the country.Recommendations 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
334TAIWANunder exploitative conditions. Some employers of the estimated200,000 foreign domestic workers and home caregivers forbidtheir employees from leaving their residences, except on daysoff, making them extremely vulnerable to labor trafficking andother abuses and unable to seek help. Some women and girlsfrom China and Southeast Asian countries are lured to Taiwanthrough fraudulent marriages and deceptive employmentoffers for purposes of sex trafficking and forced labor. Migrantworkers are reportedly charged up to the equivalent of $7,700in recruitment fees, typically in their home countries, resultingin substantial debts that may be used by brokers or employersas tools of coercion to obtain or maintain a migrant’s labor.Labor brokers often assist employers in forcibly deporting“problematic” employees, thus allowing the broker to fillthe empty quota with new foreign workers who must paybrokerage fees, which may be used to maintain them in asituation of forced labor. Brokers used threats, confinement,and the confiscation of travel documents as a means to controlworkers. Some women from Taiwan are recruited throughclassified ads for employment in Japan, Australia, the UK,and the United States; after their arrival in these countries,they are forced into prostitution. Taiwan is a transit territoryfor Chinese citizens who enter the United States illegally andmay become victims of debt bondage and forced prostitutionin the United States. Taiwan authorities fully comply withthe minimum standards for the elimination of trafficking.During the reporting period, Taiwan authorities continuedto prosecute and punish trafficking offenses, includingboth forced labor and forced prostitution. In addition, theauthorities continued improving victim protection efforts,trained law enforcement and other government officials, andraised public awareness on trafficking offenses.Recommendations for Taiwan: Sustain and improve effortsto investigate, prosecute, and convict trafficking offendersusing the anti-trafficking law enacted in June 2009; ensurethat convicted trafficking offenders receive sufficientlystringent sentences; adopt, implement, and socialize changesto the new, inclusive labor law; continue to train lawenforcement personnel, officials in the Council of LaborAffairs (CLA), labor inspectors, prosecutors, and judges onvictim identification measures and the anti-trafficking law;continue to raise awareness among victims of the option toassist in prosecutions and ensure that they understand theimplications of their participation; continue funding foreignlanguage translators for shelters and hotline staff; make greaterefforts to investigate and prosecute child sex tourism offensescommitted by Taiwan nationals; and continue efforts toincrease public awareness about all forms of trafficking.ProsecutionTaiwan authorities sustained significant progress in theiranti-trafficking law enforcement measures during thereporting period. Taiwan’s Human Trafficking Preventionand Control Act (HTPCA) of 2009, combined with portionsof the criminal code, prohibits both forced prostitution andforced labor, and prescribes penalties of up to seven years’imprisonment; these penalties are sufficiently stringent andcommensurate with those prescribed for other serious crimes,such as rape. The Labor Standards Law, which also prohibitsforced labor, does not apply to workers employed as privatenursing caregivers and domestic workers – which includean unknown number of Taiwan nationals and the nearly200,000 foreign nationals – comprising approximately halfof Taiwan’s migrant workforce. During the reporting period,however, the authorities drafted new legislation that wouldextend legal protections to all categories of workers, includingdomestic workers and caregivers. In 2011, Taiwan authoritiesconvicted 113 people for sex trafficking and 51 people forforced labor under the HTPCA, an increase from 44 sextrafficking convictions and 43 labor trafficking convictionsachieved under the HTPCA in 2010. Sentences imposed ontrafficking offenders are generally sufficiently stringent. InNovember 2011, the former director of the Taipei Economicand Cultural Office in Kansas City, Missouri pled guiltyto labor fraud in the United States for subjecting her twodomestic workers to conditions of forced labor, includingwithholding their passports and paying inadequate wages. Shespent approximately four months in jail in the United Statesbefore being deported to Taiwan in February 2012, where shewas impeached by Taiwan authorities in April 2012; however,a final decision regarding her punishment was pending at theclose of the reporting period. She has not yet been sentencedas the investigation against her in Taiwan remained ongoing asof April 2012. With that exception, Taiwan authorities did notreport any other investigations, prosecutions, convictions, orsentences of officials of the Taiwan authorities for complicityin trafficking offenses during the reporting period.ProtectionDuring the reporting period, authorities continued to makesignificant efforts to protect victims of trafficking. Taiwanauthorities identified and assisted 319 trafficking victims in2011, including 56 victims of sex trafficking and 263 victimsof labor trafficking. In 2010, Taiwan authorities identified andassisted 324 trafficking victims, which included 45 victims ofsex trafficking and 279 victims of labor trafficking. Authoritiescontinued employing systematic procedures to proactivelyidentify and assist victims of trafficking. The authoritiesdistributed reference indicators with specific questions anda standardized evaluation form to law enforcement officialsfor use in interviewing potential victims of trafficking. Theauthorities maintained four shelters dedicated to victims oftrafficking in Taiwan under the administration of variousgovernment agencies, some of which were run by NGOswith government funds. These shelters provided victimsof trafficking – both men and women – with medical andpsychological services, legal counseling, vocational training,small stipends, and repatriation assistance. Taiwan authoritiesalso reported providing social workers and interpreters toaccompany victims during court proceedings. Government andNGO legal counselors assisted foreign victims of trafficking infiling 229 civil cases for compensation during the reportingperiod. Taiwan authorities encouraged victims to participate ininvestigations against their traffickers by offering residency andtemporary work permits; in 2011, authorities issued 175 newwork permits and renewed existing work permits for victimsof trafficking. Foreign trafficking victims facing retributionor hardship if they were returned to their country of originwere entitled to permanent residency in Taiwan, though todate Taiwan authorities have not granted such residency to
335any foreign victims. During the reporting period, Taiwaninstituted communication processes between the judiciaryand protective services to expedite trafficking cases that aretaking longer than three months in the court system so thatvictims need not stay in Taiwan for an extended period oftime to participate in prosecutions against their traffickers.While the HTPCA states that human trafficking victims canreceive immunity for crimes committed as a result of beingtrafficked, NGO sources stated that there were instances whentrafficking victims were detained or fined in 2011.PreventionTaiwan authorities made progress in their efforts to preventtrafficking in persons during the reporting period. The NationalImmigration Agency (NIA) distributed anti-trafficking postersand pocket cards, the latter of which featured information inseven different languages. The CLA continued to operate 25foreign worker service stations and international airport servicecounters around Taiwan to assist migrant workers and educatethem about their rights. Authorities continued to distributehandbooks detailing relevant laws and regulations pertainingto foreign workers to more than 210,000 employers and airedtelevision commercials highlighting the rights of migrantworkers. In October 2011, the NIA held an internationaltrafficking seminar, attended by 18 foreign governmentofficials and 31 foreign representatives in Taiwan that focusedon best practices in combating trafficking and featured speakersfrom other governments. Taiwan authorities continued tofund advertisements and public service announcementsraising general awareness of human trafficking. Throughoutthe year, the Trafficking in Persons Interagency Task Force, amulti-agency initiative that researches human trafficking inTaiwan, published reports on the protection of foreign domesticworkers and the prevention of child sex tourism. While Taiwanhas a law with extraterritorial application criminalizing thesexual exploitation of children by Taiwan passport holderstraveling abroad, authorities have not prosecuted any Taiwanresident for child sex tourism offenses committed abroad since2006. Authorities did not take steps to reduce the demandfor commercial sex acts within Taiwan; however, they didwidely broadcast a television commercial aimed at increasingawareness on reducing participation in child sex tourism.TAJIKISTAN (Tier 2)Tajikistan is a source country for women and children subjectedto sex trafficking and for men, women, and children subjectedto forced labor. Women from Tajikistan are subjected toforced prostitution in the United Arab Emirates and Russia,and to a lesser extent, in Saudi Arabia, Kazakhstan, andwithin Tajikistan. These women often transit throughRussia and Kyrgyzstan en route to their destination country.Increasingly, Tajik women and girls are forced into prostitutionin Afghanistan, sometimes through forced marriages to Afghanmen. IOM estimates that a significant percentage of Tajikistan’sapproximately one million voluntary labor migrants becomevictims of forced labor. Men from Tajikistan are subjected toforced labor in agriculture and construction in Russia and, to alesser extent, in Kazakhstan and Afghanistan. In the reportingperiod, one Tajik victim was identified in Uzbekistan andanother in the United States. There are reports of Tajik childrensubjected to sex trafficking and forced labor, including forcedbegging, within Tajikistan and in Afghanistan. NGOs thatmonitored the 2011 cotton harvest reported that the overalluse of forced labor was reduced compared to previous years.There were isolated reports, however, that some Tajik childrenand possibly some adults were exploited in agriculture – mainlyduring the annual cotton harvest. Traffickers have increasinglyattempted to evade detection and prosecution in Tajikistanby basing their operations in other countries.The Government of Tajikistan does not fully comply with theminimum standards for the elimination of trafficking; however,it is making significant efforts to do so. The governmentcontinued to make progress in reducing the use of forcedlabor in the annual cotton harvest, and convicted moretraffickers under its trafficking statute than the year before.The government did not, however, fund or operate shelters fortrafficking victims, and identification of victims in Tajikistanand in foreign countries by Tajik embassies was lacking.Recommendations for Tajikistan: Continue to enforce theprohibition against forced labor of children and adults in theannual cotton harvest by inspecting cotton fields during theharvest, in collaboration with local government officials andcivil society organizations; continue to advertise Tajik lawsagainst forced labor, and target this message to teachers andparents; vigorously investigate and prosecute suspectedtrafficking offenses, especially those involving forced labor,and convict and punish trafficking offenders; impose stricter,appropriate penalties on local officials who force individualsto participate in the cotton harvest; amend the existing counter-trafficking law to improve victim protection measures; developa formal victim identification and referral mechanism;strengthen the capacity and awareness of Tajik embassies andconsulates to proactively identify victims and refer them toprotective services, including via repatriation; ensure that sextrafficking victims are not penalized for prostitution offenses;continue to build partnerships with foreign counterparts inorder to conduct joint law enforcement investigations andrepatriate Tajik victims from abroad; provide victimidentification and victim sensitivity training to border guardand law enforcement authorities; provide financial or increasedin-kind assistance to existing protection services for traffickingvictims, including shelters; and work to guarantee the safetyof witnesses and victims during the investigation andprosecution of trafficking cases.ProsecutionThe Government of Tajikistan increased anti- traffickinglaw enforcement efforts during the reporting period. Article130.1 of the criminal code prohibits both forced sexualexploitation and forced labor, and prescribes penalties of fiveto 15 years’ imprisonment, which are sufficiently stringentand commensurate with other serious crimes, such as rape.The government reported six convictions of traffickers underArticle 130.1 in 2011, compared with two convictions underthe same law in 2010. Two traffickers received sentences of 8.5years’ imprisonment, two received eight-year sentences, andTAJIKSTAN
336TANZANIAthe remaining two have yet to be sentenced. The governmentmay have investigated and prosecuted trafficking crimesunder other articles in the criminal code but did not provideinformation on such cases. The Government of Tajikistancooperated with Russian and Moldovan law enforcementto investigate a suspected trafficking crime in one case andrepatriate a Tajik victim in another case. In partnership withinternational organizations, it continued to conduct a 26-hour anti-trafficking course as part of the Ministry of InteriorAcademy’s training curriculum for police officials. In 2011, 216police academy students completed the training.In 2011, the government certified NGO representatives tomonitor the cotton harvest for a second year in a row. Itappointed a Ministry of Labor official to accompany IOMrepresentatives during the fall cotton harvest to meet localofficials in cotton-growing districts to reinforce the prohibitionon forced child labor. The government promptly investigatedisolated cases of school administrators forcing children intolabor when presented with complaints. While there wereno criminal convictions, authorities reprimanded or finedlocal officials. In 2011, a border guard took a bribe from atrafficker in an airport, where the trafficker was accompanyinga potential victim of trafficking to Dubai. The border guard wasgiven an administrative penalty, but not a criminal sentence.ProtectionThe government continued limited efforts to identify and assisttrafficking victims during the reporting period. The governmentdoes not have a systematic procedure for identifying andreferring victims for assistance. The government has not yetformalized victim referral procedures through a workinggroup established in 2010. Because Tajik law enforcementofficials do not differentiate between women in prostitutionand sex trafficking victims and did not attempt to identifytrafficking victims among women found in prostitution, sextrafficking victims were likely penalized for prostitution crimes.During the reporting period, the government identified andreferred six victims to IOM in 2011, compared with 32 victimsidentified and eight victims referred in 2010. NGOs and IOMprovided protective services to a total of 85 trafficking victimsin 2011 – including 57 men who were labor trafficking victims– compared with 104 victims in 2010. Although the nationalgovernment did not provide financial assistance to any NGOsor other organizations that afforded specialized assistanceto trafficking victims in 2011, the Khujand city governmentcontinued to provide in-kind assistance – including food,clothing, and reintegration assistance – to a shelter, and thenational government continued to provide free utilities fortwo adjacent shelters in Dushanbe. Victims in the shelterswere not detained involuntarily. There was no informationwhether the government encouraged victims to participatein trafficking investigations and prosecutions.PreventionTajikistan continued efforts to raise awareness of traffickingduring the reporting period. The Inter-Ministerial Commissionto Combat Trafficking in Persons (IMCCTP) againdisseminated a directive to local officials for the effectiveimplementation of laws prohibiting the use of forced childlabor. The IMCCTP continued its quarterly anti-traffickingdialogue meetings attended by representatives of governmentministries, international organizations, and local NGOs,and expanded its membership to include representativesfrom three more government agencies. Local governmentscontinued to provide meeting space, transportation, andlocal publicity for awareness-raising events conducted byNGOs and international organizations. With internationalorganizations and a foreign government, the governmentco-funded a nationwide 15-day anti-trafficking event in May2011 that included trafficking awareness events for hundreds ofschool children. The government has an action plan to combathuman trafficking for 2011-2013. Efforts by the governmentto reduce the demand for commercial sex acts – seen throughthe prosecution of clients of prostitution – were mitigatedby the governments’ punishment of women in prostitutionwithout ensuring that they were not victims of trafficking. Thegovernment continued to issue birth certificates routinely toTajik citizens in 2011, but many citizens in rural areas did notrequest or know how to obtain those documents.TANZANIA (Tier 2)Tanzania is a source, transit, and destination country formen, women, and children subjected to forced labor and sextrafficking. The incidence of internal trafficking is higher thanthat of transnational trafficking, and is usually facilitated byfamily members’, friends’, or intermediaries’ offers of assistancewith education or finding lucrative employment in urbanareas. The exploitation of young girls in domestic servitudecontinues to be Tanzania’s largest human trafficking problem.Cases of child trafficking for commercial sexual exploitationare increasing along the Kenya-Tanzania border. Boys aresubjected to forced labor, primarily on farms, but also inmines, in the informal sector, and possibly on small fishingboats. Smaller numbers of Tanzanian children and adultsare trafficked – often by other Tanzanians – into conditionsof domestic servitude and sex trafficking in other countries,including South Africa, Oman, the UAE, Saudi Arabia, theUnited Kingdom, the United States, and France. Traffickingvictims – typically children from Burundi and Kenya, aswell as adults from Bangladesh, Nepal, Yemen, and India– are forced to work in Tanzania’s agricultural, mining, anddomestic service sectors; some are also forced into prostitution.Citizens of neighboring countries may voluntarily migratethrough Tanzania before being forced into domestic serviceand prostitution in South Africa, Europe, and the Middle East.The Government of Tanzania does not fully comply withthe minimum standards for the elimination of trafficking;however, it is making significant efforts to do so. Reversingseveral years of virtual inaction and a demonstrated laxnessin implementing existing victim protection and preventionprovisions of its anti-trafficking law, the government launchedboth an anti-trafficking committee and anti-traffickingsecretariat to coordinate its national activities in late 2011.Within three months, the committee enacted a detailednational action plan to guide its anti-trafficking interventionsover the next three years. It also initiated prosecutions of fourcases involving five suspects under its anti-trafficking act andreferred an increased number of victims for protective servicesin partnership with NGOs. Despite these significant efforts,the judicial system continued to lack understanding of whatconstitutes human trafficking, no trafficking offenders wereconvicted, and most government officials remained unfamiliarwith the 2008 Anti-Trafficking in Persons Act’s provisions ortheir responsibilities thereunder, perhaps due to the lack ofcounter-trafficking budget allocations.
337Recommendations for Tanzania: Enforce the 2008 Anti-Trafficking in Persons Act by prosecuting and punishingtrafficking offenders; implement the act’s victim protectionand prevention provisions; establish policies and proceduresfor government officials to identify and interview potentialtrafficking victims proactively – including adult victims – andtransfer them, as appropriate, to local organizations providingcare; begin compiling trafficking-specific law enforcementand victim protection data at the national level; providetraining to judges, prosecutors, and police to clarify thedifference between human trafficking and alien smuggling;provide additional training to law enforcement authoritieson the detection and methods of investigating humantrafficking crimes; and institute standard operating proceduresfor trafficking victim identification and victim care provisionfor labor officials and diplomatic personnel at Tanzanianmissions overseas.ProsecutionThe Tanzanian government made modest anti-traffickinglaw enforcement efforts during the reporting period. The2008 Anti-Trafficking in Persons Act outlaws all forms oftrafficking and prescribes punishments of one to 10 years’imprisonment, which are sufficiently stringent, but notcommensurate with those prescribed for other serious crimes,such as rape. Authorities investigated six cases under the2008 act. As of March 2012, one case had been closed, oneremained under investigation, and four involving five suspectswere under prosecution. The courts achieved no convictionsin 2011, compared to its unprecedented three convictions in2010. In August 2011, the government began prosecuting aTanzanian man and woman (a school teacher) apprehendedwhile allegedly subjecting two 16-year-old girls to forced laboras barmaids in Mozambique. The suspected male traffickerdisappeared after being released on bail, while the femalesuspect remains in pretrial detention. In January 2012, policearrested a Nepali man for allegedly subjecting three Nepalimen to forced labor in Tanzania and a Bangladeshi man forsubjecting eight Bangladeshi men in Tanzania to forced labor;both suspects remain in detention awaiting trial. Despite theseefforts, most police and immigration officials continued tofail to distinguish human trafficking from smuggling. Thetwo-person police trafficking desk, established to work withcounterparts in other law enforcement agencies to respondto trafficking crimes, received two complaints of traffickingduring the reporting period. The government made no progressin compiling trafficking-specific law enforcement and victimprotection data at the national level, instead relying uponIOM for data compilation related to victims. Newly-hiredlaw enforcement and immigration officials received anti-trafficking training.ProtectionAlthough the Tanzanian government’s efforts to protect victimsof trafficking remained modest during the reporting periodand suffered from a lack of resources, officials identified andreferred an increased number of victims to NGO serviceproviders. Key victim protection provisions of the 2008anti-trafficking act, such as the establishment of a fund tosupport trafficking victims, have yet to be implemented. Thegovernment continued to rely on NGOs to provide care forvictims and NGO-run facilities were limited to urban areas.Government officials occasionally provided food, counseling,and medical supplies – which NGOs estimated to be valuedat $50,000 – as well as assistance with family reunificationto victims being sheltered at NGO-operated facilities. Thegovernment lacked systematic victim referral procedures;however, NGOs noted an increased responsiveness by the policewhen reporting a suspected trafficking case. Tanzanian policereferred 22 trafficking victims to NGOs for protective servicesin an ad hoc fashion, an increase of 16 over the previous year.Social welfare or community development officers referred 12victims in 2011 in comparison to zero victims referred in 2010.IOM provided services to 47 Tanzanian trafficking victims, 40of whom were younger than 18. Trafficking victims identifiedduring official investigations were reunited with their familiesand some received counseling from the Department of SocialWelfare’s social workers. The government operated a 24-hourcrime hotline, staffed by police officers, which was availablefor citizens to report suspected trafficking cases; however, thehotline received no trafficking tips in 2011. The lack of nationalprocedures for victim identification, as well as the lack of ashelter for male adult victims, resulted in the 11 Nepali andBangladeshi trafficking victims identified during the reportingperiod being held in prison for a month until the police anti-trafficking desk arranged for their return home. In December2011, the Tanzanian embassy in Nairobi arranged for therepatriation of a female trafficking victim identified by IOM inKenya. Other Tanzanian diplomatic missions, however, failedto expeditiously process travel documents and, reportedly,verbally mistreated Tanzanian trafficking victims seekingassistance. The government encouraged victims to participatein the investigation and prosecution of their traffickers; duringthe reporting period three victims agreed to testify in thecases against their alleged traffickers. The Anti-Trafficking inPersons Act provides foreign victims legal alternatives to theirremoval to countries where their safety or the safety of theirfamilies may be endangered; however, no victims requestedthis immigration relief during the reporting period.PreventionThe government made increased efforts to prevent humantrafficking during the year. After three years of inaction, inDecember 2011, the Ministry of Foreign Affairs formallyestablished an anti-trafficking committee (ATC) and anti-trafficking secretariat (ATS), whose existence and functioningis mandated by the anti-trafficking act. Shortly after theirformation, the government continued its renewed commitmentto anti-trafficking efforts by drafting a national action planto combat trafficking covering 2011 to 2014, which wasratified by the government in March 2012. Throughout theyear, Department of Social Welfare personnel conductedtelevision and radio interviews that included points abouttrafficking. The mainland Ministry of Labor’s child labor unit,which received only the equivalent of $29,000 from the 2011national budget – a $3,000 reduction from 2010 – could notTANZANIA
338THAILANDprovide data on the number of child labor complaints madeor the number of exploited child laborers identified andwithdrawn by its labor officers. Inspectors continued to facemyriad challenges, including chronic understaffing and lackof transportation to inspection sites. During the year, theZanzibar Ministry of Labor, in cooperation with local NGOs,withdrew 1,209 children from exploitative labor in the fishing,seaweed farming, and quarrying industries on the islands andworked with their families to ensure their return to school. Thegovernment did not make any efforts to reduce the demandfor forced labor or commercial sex acts during the reportingperiod. All Tanzanian soldiers completed a module on humanrights and anti-trafficking interventions as part of their basiccurriculum. The government provided additional trainingon human trafficking to Tanzanian troops prior to theirdeployment abroad on international peacekeeping missions.THAILAND (Tier 2 Watch List)Thailand is a source, destination, and transit country formen, women, and children subjected to forced labor andsex trafficking. Victims from neighboring countries, aswell as from China, Vietnam, Russia, Uzbekistan, and Fiji,migrate willingly to Thailand for various reasons includingto flee conditions of poverty; individuals from Burma, whomake up the bulk of migrants in Thailand, seek economicopportunity. The majority of the trafficking victims identifiedwithin Thailand are migrants from Thailand’s neighboringcountries who are forced, coerced, or defrauded into labor orcommercial sexual exploitation or children placed in the sextrade; conservative estimates have this population numberingin the tens of thousands of victims. A significant portionof labor trafficking victims within Thailand are exploitedin commercial fishing, fishing-related industries, low-endgarment production, factories, and domestic work, and someare forced to beg on the streets.Research made available in 2010 indicated that 23 percent of allCambodians deported by Thai authorities at the Poipet borderwere trafficking victims. A study done by the UN Inter-AgencyProject on Human Trafficking (UNIAP)) found that Thaiauthorities deport over 23,000 Cambodian trafficking victimsper year. Similarly, Lao authorities have reported that groupsof 50 to 100 Lao trafficking victims were among the thousandsof Lao nationals deported by Thai authorities. An assessmentof the cumulative risk of labor trafficking among Burmesemigrant workers in the seafood industry in Samut Sakhon,found that 57 percent of these workers experience conditions offorced labor. A report released by an international organizationin May 2011 noted prevalent forced labor conditions, includingdebt bondage, among Cambodian and Burmese individualsrecruited – some forcefully or through fraud – for work inthe Thai fishing industry. According to the report, Burmese,Cambodian, and Thai men were trafficked onto Thai fishingboats that traveled throughout Southeast Asia and beyond,these men remained at sea for up to several years, were notpaid, were forced to work 18 to 20 hours per day for seven daysa week, and were threatened and physically beaten. Similarly,an earlier UN survey found that 29 of 49 (58 percent) surveyedmigrant fishermen trafficked aboard Thai fishing boats hadreported witnessing a fellow fishermen killed by boat captainsin instances when they were too weak or sick to work. Asfishing is an unregulated industry region-wide, fishermentypically did not have written employment contracts withtheir employer. Men from Thailand, Burma, and Cambodiawere forced to labor on fishing boats in Thai and internationalwaters and were rescued from countries including Malaysia,Indonesia, Vietnam, and Timor-Leste. Observers noted thattraffickers (including labor brokers) who bring foreign victimsinto Thailand generally work as individuals or in unorganizedgroups, while those who enslave Thai victims abroad tend tobe more organized. Labor brokers, largely unregulated, serveas an intermediary between job-seekers and employers; somefacilitate or engage in human trafficking. Informed observersreported that these brokers are of both Thai and foreign originand work in networks, collaborating with employers and, attimes, with law enforcement officials.Foreign migrants, ethnic minorities, and stateless personsin Thailand are the greatest risk of being trafficked, andthey experience withholding of travel documents, migrantregistration cards, and work permits by employers.Undocumented migrants remain particularly vulnerableto trafficking, due to their economic status, education level,language barriers, and lack of knowledge of Thai law. Thesevulnerabilities were exacerbated during the year, whencatastrophic flooding displaced at least 200,000 migrantworkers. Among those seeking to return to their home countriesfor safety, unregistered migrants, and those whose documentshad been confiscated by their employers, reportedly facedextortion by law enforcement officials and brokers to facilitatetheir return. Migrants for whom these fees were prohibitivelyhigh were forced to remain in Thailand in insecure situationsmaking them highly vulnerable to trafficking, and those whoreturned faced a cycle of which increased their vulnerabilityto debt bondage and other exploitation.Lack of documentation continues to expose migrants topotential exploitation; in the northern areas of Thailand, lackof citizenship makes highland women and girls particularlyvulnerable to being trafficked. Some children from neighboringcountries are forced by their parents or brokers to sell flowers,beg, or work in domestic service in urban areas. NGOs reportedan increase in the number of children in commercial sexualexploitation, with false identification, in karaoke or massageparlors. During the year, Vietnamese women were confinedand forced to act as surrogate mothers after being recruitedfor work in Bangkok. The majority of Thai victims identifiedduring the year were found in sex trafficking; sex trafficking ofboth Thai and migrant children remains a significant concern.Thai victims are recruited for employment opportunitiesabroad, and deceived into incurring large debts on brokerand recruitment fees, sometimes using family-owned landas collateral, making them vulnerable to exploitation at theirdestination. Most Thai victims identified abroad during theyear were sex trafficking victims; victims were assisted by Thaiembassies in Bahrain, Japan, Macau, Russia, South Africa, theMaldives, Oman, and Indonesia. Thai nationals are also knownto be subjected to forced labor or sex trafficking in Australia,Canada, China, Germany, Israel, Kuwait, Libya, Malaysia,Qatar, Saudi Arabia, Singapore, the Republic of Korea, SriLanka, Taiwan, Timor-Leste, the United Arab Emirates (UAE),the United Kingdom (UK), the United States, Vietnam, andYemen. Some Thai men who migrate for low-skilled contractwork and agricultural labor are subjected to conditions offorced labor and debt bondage. Sex trafficking generallyinvolves victims who are women and girls. Sex tourismcontinues to be a problem in Thailand, and this demandlikely fuels trafficking for commercial sexual exploitation.Thailand is a transit country for victims from North Korea,
339China, Vietnam, Pakistan, and Burma destined for thirdcountries such as Malaysia, Indonesia, Singapore, Russia, theRepublic of Korea, the United States, and countries in WesternEurope. There were reports that separatist groups recruitedteenaged children to carry out attacks.The Government of Thailand 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, Thailand is placed on Tier 2 Watch List for a thirdconsecutive year. Thailand 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. The government continuedimplementation of its human trafficking law and conductedawareness-raising activities on human trafficking. During theyear, the government implemented regulations allowing foreignvictims to live and work temporarily within Thailand, formallygranting this right to 30 victims. The number of prosecutionsand convictions pursued for sex and labor trafficking wasdisproportionately small compared to the significant scope andmagnitude of trafficking in Thailand. Effective anti-traffickinglaw enforcement efforts were hindered by authorities’ failureto identify and adequately protect victims, and the country’smigrant labor policies continued to create vulnerabilities totrafficking and disincentives to victims to communicate withauthorities, particularly if the workers are undocumented.Direct involvement in and facilitation of human traffickingby law enforcement officials reportedly remained a significantproblem in Thailand; authorities reported investigating threecases of complicity among local law enforcement officials,but there were no prosecutions or convictions of complicitofficials during the year. The Thai government invited the UNSpecial Rapporteur on trafficking in persons to visit in August2011. In a press statement following her visit, the UN SpecialRapporteur on trafficking in persons noted, among othershortcomings, weak enforcement of the country’s legal anti-trafficking framework, inadequate efforts to address traffickingof men, endemic corruption among law enforcement officials,and a systemic failure to properly identify victims and protecttheir rights and safety. The Thai government agreed to fundand open five national verification centers for Burmese migrantworkers inside Thailand – to be staffed by Burmese Ministry ofLabor employees – and these centers opened in late April 2012.Recommendations for Thailand: Enhance ongoing effortsto identify victims of trafficking among vulnerable populations,in particular undocumented migrants and deportees;significantly increase efforts to train front-line officials oninternationally recognized indicators of forced labor such asthe confiscation of travel documents or imposition ofsignificant debts by employers or labor brokers; recognizingthe systematic disincentives which make victims hesitant tocommunicate with authorities, develop and implement victimidentification procedures that prioritize the rights and safetyof potential victims and empower law enforcement officialsto carry out this mandate; increase efforts to investigate,prosecute, and convict sex and labor trafficking offenders;consider establishing a dedicated court division to expeditethe prosecution of trafficking cases; facilitate greaterinformation exchange between various law enforcement andinspection agencies and establish a clear mandate betweenthe Royal Thai Police and the Department of SpecialInvestigations (DSI); increase efforts – particularly throughDSI – to investigate, prosecute, and convict officials engagedin trafficking-related corruption; ensure that offenders offraudulent labor recruitment and of forced labor receivestringent criminal penalties; improve labor inspectionstandards and procedures to better detect workplace violations,including instances of trafficking; continue and increaseefforts to allow all adult trafficking victims to travel, work,and reside outside shelters; provide legal alternatives to theremoval of foreign trafficking victims to countries in whichthey would face retribution or hardship; make greater effortsto educate migrant workers on their rights, their employers’obligations to them, legal recourse available to victims oftrafficking, and how to seek remedies against traffickers;improve efforts to regulate fees and brokers associated withthe process to legalize migrant workers in order to reduce thevulnerability of migrants to human trafficking; increase anti-trafficking awareness efforts directed at employers and clientsof the sex trade; make efforts to decrease the demand forexploitive labor; and ratify the 2000 UN TIP Protocol.ProsecutionThe Thai government continued some anti-trafficking lawenforcement efforts during the reporting period. Thailand’s2008 anti-trafficking law criminally prohibits all forms oftrafficking and prescribes penalties ranging from four to 10years’ imprisonment – penalties that are sufficiently stringentand commensurate with penalties prescribed for other seriousoffenses, such as rape. The Royal Thai Police reported initiatinginvestigations in 83 trafficking-related cases – 67 for sextrafficking and 16 for forced labor – during 2011, involving155 suspected offenders and representing an increase from70 such investigations in 2010. These investigations led to theprosecution of 67 trafficking-related cases; this compares to79 prosecutions in 2010. The majority of suspected offendersinvestigated were Thai nationals. The government reportedobtaining 12 trafficking-related convictions in 2011; twoconvictions were for confirmed sex trafficking cases andthe government did not provide sufficient information todetermine whether the other 10 were trafficking cases. Thisis a decrease from the previous year’s 18 convictions. Thegovernment often chose to facilitate an informal disputeresolution rather than to pursue criminal prosecution ofemployers in cases of the labor exploitation of migrants.DSI, which is under the Ministry of Justice, and has limitedjurisdiction for investigating trafficking cases, initiatedfive investigations during the year; four of these cases weretransferred to the police and one investigation remainedpending with DSI at the end of the year. In implementing aJanuary 2011 cabinet resolution to expand its anti-traffickingunit, DSI increased its staff from 12 to 25 officers. The outcomeof this expansion is unclear, however, as DSI did not reporta significant increase in trafficking investigations and a draftamendment of the DSI law – which would expand its mandateto allow for investigating trafficking cases without transfer tothe police – was not passed during the year. Police and DSITHAILAND
340THAILANDofficials reportedly began discussions about how they wouldshare jurisdiction over trafficking cases if the amendment ispassed.Throughout the year, the government provided anti-traffickingtraining to approximately 1,850 public health officers, socialworkers, police, and immigration officials, yet awareness ofthe 2008 anti-trafficking legislation remained low and manylaw enforcement officers continued to prosecute traffickingcases under other legal statutes. Some sex trafficking cases mayhave been prosecuted under the Prevention and Suppressionof Prostitution Act; during 2011, 34 individuals, some ofwhom may have been sex traffickers, were convicted underSection 9 of this Act, which prohibits forced prostitution andrelated offenses.The government did not significantly increase efforts toinvestigate alleged human trafficking on Thai fishing boats,reporting three such investigations in 2011 compared withtwo in 2010. One case was identified by the ImmigrationBureau during the course of a raid and two were brought toits attention through victim complaints. Three calls to aninternational organization’s hotline regarding suspectedcases of trafficking on fishing vessels did not result in anyinvestigations or prosecutions. Victim identification trainingfor front-line officers was inadequate, and inspection effortsfailed to successfully identify cases, despite the knownprevalence of forced labor in the fishing industry. Thegovernment reported the Royal Thai Marine Police conductedpre-departure inspections of some fishing vessels during theyear but did not detect any suspected cases of forced laborin 2011. Furthermore, despite conducting more than 1,000inspections and searches of fishing boats beyond coastalwaters and intercepting thousands of undocumented migrantworkers – a population likely to contain trafficking victims –the Royal Thai Navy did not identify any suspected traffickingcases. In April 2012, a number of demonstrations eruptedamong Cambodian and Burmese migrant workers at foodprocessing and other factories in Kachanaburi, Songhkla, andelsewhere in the country, amidst allegations that these workerswere being subjected to passport confiscation, withholdingof salary payments, and unsafe living conditions, and threatsof deportation. The government reported conducting apolice investigation, but these efforts have not yet led to anyprosecutions or convictions.The justice system remained slow in its handling of criminalcases, including trafficking cases. Additionally, frequentpersonnel changes and a reduction in the number of policeofficers hampered the government’s ability to make progresson anti-trafficking law enforcement efforts. Some suspectedoffenders fled the country or intimidated victims after judgesdecided to grant bail, further contributing to the government’salready low conviction rates. In July 2011, the Court of Appealsupheld the 2009 conviction of two offenders found guiltyof trafficking 73 victims in a shrimp peeling factory. Bothoffenders remained free on bail at the close of the reportingperiod, pending consideration of their case by the SupremeCourt.Thai law enforcement authorities continued to cooperatewith counterparts from around the world, and quarterly casemanagement meetings with officials from Burma, Cambodia,and Laos reportedly helped to accelerate cases and resulted inthe arrest of five suspected traffickers by Burmese authorities.The government extradited one suspected sex trafficker to faceprosecution in the UK during the year.Corruption remained widespread among Thai law enforcementpersonnel, creating an enabling environment for humantrafficking to prosper. Allegations of trafficking-relatedcorruption persisted during the year, including in cases of sextrafficking and forced labor of migrants. There were crediblereports that officials protected brothels, other commercial sexvenues, and seafood and sweatshop facilities from raids andinspections, and that some officials engaged in commercialsex acts with child trafficking victims. In addition to well-known corruption of local-level police officers, there were alsoprotective relationships between central-level specialist policeofficers and the trafficking hot-spot regions to which they wereassigned. There was no information indicating tolerance fortrafficking at an institutional level. In 2011, DSI initiated threeinvestigations of local law enforcement officials for takingbribes to protect brothels that harbored child sex traffickingvictims; no disciplinary action was taken against any officialsduring the year, however, and these investigations remainongoing. The government did not respond to reports thatThai officials were involved in the trafficking of Burmese men,women, and children deported to the hands of the DemocraticKaren Buddhist Army (DKBA). Authorities also have notresponded to reports that Thai police officers and immigrationofficials extort money or sex from Burmese citizens detainedin Thailand for immigration violations, and sell Burmesemigrants unable to pay labor brokers and sex traffickers.Reports during the year indicated that immigration officialsfailed to implement a policy announced by the Ministry ofLabor that it would not deport flood-affected migrant workersoutside their permit zone; for example many migrant workers,without registration papers allowing them to travel outside ofpermitted areas where they work, were detained and arrestedby authorities.ProtectionThe Thai government demonstrated limited efforts to identifyand protect foreign and Thai victims of trafficking duringthe year. The Ministry of Social Development and HumanSecurity (MSDHS) reported that 392 foreign victims wereclassified as trafficking victims in Thailand and receivedassistance at government shelters during the year, a figurecomparable to the 381 foreign victims assisted in 2010. Morethan half of the victims assisted were from Laos, and morethan one-third were from Burma. The Royal Thai Police andDSI identified 279 victims during the year and referred 213foreign victims to shelters; 66 Thai victims were returned totheir homes, and some received services from NGOs. TheImmigration Bureau identified seven Cambodian victimsof forced labor during a raid of a fishing boat; it reportedknowledge of five additional Burmese victims, of traffickingon fishing vessels, who submitted complaints to authorities.The Marine Police Division reported rescuing two victims fromthe fishing industry in Chumporn Province during the year.In 2011, the Thai Ministry of Foreign Affairs reported thatassistance including repatriation was provided by embassiesabroad, to 46 Thai nationals considered potential victims inBahrain, Japan, Macau, Russia, South Africa, the Maldives,Oman, and Indonesia. The majority of these victims, bothmale and female, had been subjected to sex trafficking, whilesome were subjected to forced labor on fishing boats. In 2011,the government allocated the equivalent of $1.9 million toMSDHS to provide protective services to trafficking victims.
341The equivalent of an additional $2.2 million was dedicatedto an anti-trafficking fund; the majority of funds distributedfrom the fund during the year, the equivalent of approximately$626,750, was used to finance anti-trafficking activities ofgovernment agencies and civil society organizations, whilethe sum equivalent to $16,400 was distributed to 103 victims.The government reports the use of systematic proceduresto screen for victims among vulnerable populations, suchas undocumented migrants in detention; however, seriousdeficiencies in the government’s victim identification effortsled to some trafficking victims being unidentified during theyear. The Thai government deports hundreds of thousandsof undocumented migrants each year; in 2011, it identifiedonly 56 victims from within this population. Many victims,particularly irregular migrants who feared legal consequencesfrom authorities, were hesitant to identify themselves asvictims, and front-line officials were not adequately trainedto identify such individuals as victims.In 2011, MSDHS trained nearly 2,000 public officials on theprovision of the anti-trafficking legislation and certified themas “competent officials” in this regard. Local law enforcementofficials lacked awareness of the essential elements of humantrafficking, and regularly misidentified victims with whomthey came in contact. In December 2011, authorities raided ashrimp factory in southern Thailand and rescued four Burmeselabor trafficking victims after receiving a tip from an NGO.Although authorities identified the four individuals as beingsubjected to debt bondage – a form of human trafficking – thegovernment failed to certify them as trafficking victims, andrefer them to protective services. Instead the victims wereheld in detention and subsequently deported, illustratingauthorities’ insufficient understanding of the elements ofhuman trafficking. Some undocumented migrants wereprecluded from being identified as a trafficking victim basedon their immigration status. Some law enforcement officersoften believed physical detention or confinement was theessential element to confirm trafficking, and failed to recognizeexploitive debt or manipulation of irregular migrants’ fearof deportation as non-physical forms of coercion in humantrafficking. In July 2011, authorities rescued six children whohad been coerced and drugged into begging on the streetsat night; some were allegedly sexually assaulted. While thegovernment identified one child as a trafficking victim andone child as a victim of sexual assault and referred them toprotective services, it determined the others were not victimsbecause they were related to the traffickers; subsequently twochildren were referred to protective care. Only law enforcementofficials are able to make a final determination to certify anindividual as a trafficking victim, and during the year therewere reports that social workers or representatives of civilsociety sometimes disagreed with law enforcement officers’decisions.The Thai government continued to refer victims to one ofnine regional shelters run by MSDHS, where they reportedlyreceived counseling, limited legal assistance, and medicalcare; although the shelters did not always have the humanresource capacity to provide adequate assistance. Foreign adultvictims of trafficking identified by authorities were requiredto stay in government shelters and typically could not opt toreside outside of a shelter or leave the premises unattendedbefore Thai authorities were prepared to repatriate them. Twogovernment shelters for trafficking victims were forced toclose for nearly two months during the flooding; displacedvictims were transferred to other MSDHS facilities. In 2011,the Ministries of Labor and Interior issued regulations to allowsome foreign victims the right to seek employment whileawaiting conclusion of legal processes; the government hassince granted this right to approximately 30 victims of labortrafficking. The government did not report standard eligibilitycriteria for victims to receive this benefit, but reported it willbe considered on a case-by-case basis for labor traffickingvictims; those chosen will be eligible for a six-month workpermit and visa, renewable for the duration of their courtcases. Extending this benefit to more victims would providean incentive for victims to remain in Thailand for the durationof their legal proceedings. Government officials did not havespecialized service provision for child sex trafficking victims,and the forced repatriation of those unwilling to testify againsttheir traffickers resulted in many of them being re-trafficked.There were reports during the year of foreign trafficking victimswho fled shelters, likely due to slow legal and repatriationprocesses, the inability to earn income during trial proceedings,language barriers, and distrust of government officials. Therewere reported instances in which victims opted not to seekdesignation as trafficking victims due to systemic disincentives,such as long stays in shelters during lengthy repatriation andcourt processes; many of these victims were returned to theircountry of origin. In at least one case during the year, thegovernment allowed child victims to reside in an NGO-runshelter which it determined could more adequately addresstheir needs. NGOs reported that some victims were trainedby labor brokers on how to lie to government officials toprevent being identified as victims or escape from shelters.There were reports that quarterly case management meetingswith Burma and Laos accelerated the nationality verificationand repatriation process between the countries during theyear. Some Uzbek victims were removed from a governmentshelter and transferred to Uzbekistan’s embassy in Thailandafter an altercation arose with other victims.Thai law protects victims from being prosecuted for actscommitted as a result of being trafficked, and observers believeidentified victims’ rights were generally respected. However,the Thai government’s victim identification procedures areflawed, and authorities’ aggressive efforts to arrest and deportimmigration violators led to some victims being punished. Thegovernment generally encouraged victims to participate in theinvestigation and prosecution of trafficking cases, althoughsome victims opted not to do so for the same reasons many fledshelters or sought to avoid designation as trafficking victims.During the year, authorities, through the threat of civil suits,authorities negotiated compensation for 40 child and adultlabor trafficking victims, in a total sum of approximately theequivalent of $11,000. High legal costs, language, bureaucratic,and immigration barriers, fear of retribution by traffickers,distrust of Thai officials, slow legal processes, and the financialneeds of victims effectively prevented most victims fromparticipating in the Thai legal process. The lack of regulationof the fishing industry and labor law coverage for fishermenon small vessels in Thailand under the Labor Protection Actof 1998 makes this population particularly vulnerable toexploitation; the cabinet approved amendments to expandprotections in this law to all boats with one or more workerson board, but the amendment did not take effect duringthe reporting year. A 2005 cabinet resolution establishedthat foreign trafficking victims in Thailand who are statelessresidents can be given residency status on a case-by-case basis;the Thai government, however, has yet to report grantingresidency status to a foreign trafficking victim.THAILAND
342342TIMOR-LESTEPreventionThe Thai government made some efforts to prevent humantrafficking, including through collaboration with internationalorganizations and NGOs, but it did not demonstrate sufficientefforts to decrease the demand for forced and exploitive labor.While some activities aimed to raise public awareness oftrafficking within Thai society as a whole, others attemptedto raise awareness among targeted high-risk industries. Thegovernment estimated that throughout 2011, it reached morethan 7,500 people nationwide. The anti-trafficking in Personscommittee and its coordinating and monitoring body continuedto meet regularly through the year, but met on fewer occasionsin 2011 than in previous years due to political transition anddevastating floods. In January 2012, the Thai governmentpublished a report – which had been delayed from 2010 – onits own anti-trafficking efforts, and in March 2012, it adopteda two-year national action plan to guide its future efforts. Thegovernment reported taking steps to issue new regulationsfor protection to workers in the fishing industry – who arehighly vulnerable to trafficking – and a list of hazardousoccupations for children, although neither was finalized orenacted during the year. The government distributed 150,000leaflets in the common languages of migrant workers fromneighboring countries to educate workers on their rights andtheir employers’ obligations to them. During 2011, 851,830migrants were registered and received permits to work inThailand under the government’s Nationality Verificationand Granting an Amnesty to Remain in the Kingdom ofThailand to Alien Workers Program, which allowed workers toreceive formal work visas from the Thai government and theclaims of greater rights inside Thailand. Observers remainedconcerned that the process to legalize migrant workers with itsassociated fees, as well as costs imposed by poorly regulatedand unlicensed labor brokers, increased the vulnerability ofmigrant workers to trafficking and debt bondage. In somecases, workers reportedly incurred debts imposed by laborbrokers and amounting to as much as the equivalent of $700for the required processing of their registration. During theyear, the government provided trainings to 49 translatorsand developed a list of trained translators to facilitate thegovernment’s response to foreign language queries repostedto the hotline that receives calls regarding trafficking cases;however, the government’s decentralized call system made itdifficult to ensure that localities systematically and adequatelyresponded to calls that were diverted to them – particularlycalls that came from non-Thai callers.During the year, the government revoked the licenses of twolabor recruitment companies, out of nine which had beensuspended during the previous year, and initiated investigationsinto 321 cases of alleged violations of the Labor EmploymentAct; at least two of these cases involved allegations of forcedlabor, resulting in two employers sentenced by the labor courtto pay the equivalent of $3,000 in fines, and one offendersentenced to 11 months in prison, although this term wassuspended for two years. The Department of Employment,through random airport screenings, reported identifying 481individuals as traveling under false pretenses and preventedthem from leaving the country during the year, but it did notmake efforts to identify potential trafficking victims or referany suspected trafficking cases to law enforcement agencies.The government conducted awareness-raising campaignstargeting tourists’ demand for child sex tourism and extraditedone alleged pedophile to the United States for prosecution,but it did not make any other discernible efforts to reduce thedemand for commercial sexual acts or forced labor. Inadequatevictim identification procedures may have resulted in somevictims being treated as law violators following police raidsof brothels. The government did not provide Thai troopsanti-trafficking training prior to their deployment abroad oninternational peacekeeping missions. Thailand is not a partyto the 2000 UN TIP Protocol.TIMOR-LESTE (Tier 2)Timor-Leste is a destination country for women and girlsfrom Indonesia, China, and the Philippines subjected to sextrafficking and men and boys from Burma, Cambodia, andThailand subjected to forced labor. In previous years, menand boys from Burma, Cambodia and Thailand were forcedto labor on foreign fishing boats operating in Timorese waterswhere they face conditions of confinement, no medical care,and poor food; some escaped their exploiters and swam ashoreto seek refuge in Timor-Leste. The placement of children inbonded domestic and agricultural labor by family membersin order to pay off family debts was also a problem. Timor-Leste may also be a source of women or girls sent to Singaporeand elsewhere in Southeast Asia for domestic servitude. Somemigrant women recruited for work in Dili report being lockedup upon arrival, and forced by brothel “bosses” and clientsto use drugs or alcohol while providing sexual services. Somewomen kept in brothels were allowed to leave the brothelonly if they paid the equivalent of $20 an hour. Traffickersregularly retained the passports of victims, and reportedlyrotated sex trafficking victims in and out of the country everyfew months. Traffickers used debt bondage through repaymentof fees and loans acquired during recruitment or transportto Timorese waters to achieve consent of some of the menlaboring on fishing vessels. Traffickers subjected victims tothreats, beatings, chronic sleep deprivation, insufficient foodor fresh water, and total restrictions on freedom of movement;victims on fishing vessels rarely or never went ashore duringtheir time on board. Transnational traffickers may be membersof Indonesian or Chinese organized crime syndicates, and thetrafficking offenders who exploited male victims on fishingboats were reportedly Thai nationals.The Government of Timor-Leste 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 obtained three successful trafficking convictions– the first in the country’s history – and imposed adequateprison sentences on the convicted offenders. The government’svictim protection efforts, however, were inadequate, andit failed to protect 18 of the 19 victims in this case, whosewhereabouts are unknown. The government took tentativesteps to increase victim protection by providing funding to anNGO shelter, but subsequently withdrew this funding. Despiteincreased maritime patrols and continued brothel raids, thegovernment identified only one trafficking victim during theyear, raising concerns that some victims were not identifiedand instead were treated as law violators and deported ratherthan referred to protective services. The government did notinvestigate reports of trafficking-related complicity, such aslower-level police and immigration officials accepting bribesfrom traffickers.
343343Recommendations for Timor-Leste: Enact comprehensiveanti-trafficking legislation that includes strong victimprotections; continue efforts to investigate, prosecute, convict,and punish trafficking offenders; train judicial officials oninvestigation and prosecution methods, including how tointegrate procedures for proper victim care throughout theduration of court proceedings; make efforts to investigate andprosecute officials complicit in human trafficking; implementprocedures to proactively identify victims of trafficking amongvulnerable populations, such as individuals in prostitutionand workers on fishing vessels; develop and formally establishpolicies which clarify perceived inconsistencies in the country’scode of criminal procedure, thereby granting police theunambiguous authority to initiate investigations of crimesproactively; increase training for front-line law enforcementofficers in the vulnerable persons unit on proper victimidentification procedures and referral mechanisms, includingrecognition of trafficking victims who may possess their traveldocuments or may have entered the country legally; increasethe quality and types of assistance provided to traffickingvictims; and develop and conduct anti-trafficking informationand education campaigns.ProsecutionThe Government of Timor-Leste increased law enforcementefforts to combat trafficking during the reporting period,including by obtaining its first trafficking conviction. Inearly 2012, anti-trafficking legislation drafted in a previousyear was submitted to the Council of Ministers for review,where it remained at the close of the reporting period. Timor-Leste’s revised penal code prohibits and punishes the crimeof trafficking through articles 163, 164, and 165; articles162 and 166 prohibit slavery and the sale of persons. Thearticles prescribe sufficiently stringent penalties rangingfrom eight to 20 years’ imprisonment; prescribed penaltiesfor sex trafficking or the trafficking of a person youngerthan 17 range from 12 to 25 years’ imprisonment and arecommensurate with those prescribed for other serious crimes,such as rape. The government reported investigating twotrafficking cases during the year. It initiated prosecutionsin one case from a previous year, in which three Chinesenationals were accused of forcing 19 Chinese victims intoprostitution or labor related to running a brothel. In December2011, the government convicted the three traffickers, andsentenced them to prison terms ranging from 13 and 13.5years. These were the first trafficking convictions obtainedin Timor-Leste. The convictions are currently being appealed,and the government has possession of the convicted offenders’passports to prevent them from leaving the country. The secondinvestigation, involving a Timorese girl in domestic servitude,remained ongoing at the close of the reporting period. Noinformation was available on the status of one case pendingat the close of the previous year, or nine cases pending from2010. The government did not train law enforcement officersor other government officials on investigating and prosecutingtrafficking cases. The government did not report any efforts toinvestigate suspected trafficking complicity of public officials,despite reports that immigration officials accepted bribes toallow undocumented Chinese trafficking victims into thecountry, and that some police officers in Dili accepted bribesto allow brothels – where potential trafficking victims maybe identified – to continue operating. International and localNGOs alleged that some lower-level members of the policefrequent these establishments.ProtectionThe government demonstrated weak efforts to protecttrafficking victims; it identified and provided services toonly one victim during the year, and it may have restrictedthe mobility of 18 victims – identified during the previousyear – by withholding their passports as evidence in a criminalinvestigation against their traffickers. Police identified oneTimorese girl in domestic servitude but no other victims duringthe year. Immigration police referred one suspected victim, aBurmese male, to an international organization which assessedthat he was not a victim of trafficking. Police in the vulnerablepersons unit followed a standard operating procedure torefer identified victims to the Ministry of Social Solidarity;the one victim identified was so referred, and the ministrysubsequently referred her to a shelter operated by an NGO.The government maintained a protocol of referring foreignvictims to an international organization for care, though nosuch victims were identified during the year. The governmentdid not operate any dedicated shelters for trafficking victimsor provide victims with any protective services, though it didrefer one Timorese victim to an NGO to receive care. Victims ofdomestic servitude may be eligible for some protective servicescodified in the Law on Domestic Violence. During the year,the Ministry of Social Solidarity provided the equivalent of$10,000 to partially fund a local NGO shelter for traffickingvictims, but it subsequently discontinued this support, citinglack of use by victims, and the shelter closed due to lackof funds in December 2011. One shelter operated by anNGO was available to assist with victims’ basic needs and toprovide medical, psychological, and educational services. Thegovernment could not provide information on the whereaboutsof 18 Chinese victims identified during the previous year whosecase was concluded in December 2011; neither local NGOs norinternational organizations had received these victims. Judicialofficials may have held the victims’ passports as evidence forthe duration of the case, effectively restricting their abilityto leave the country. It is unknown whether the passports,reportedly seized, were returned after the conclusion of thecase, although the judge ordered officials to do so. Problemswith victim identification continued, likely resulting in somevictims remaining unidentified, despite coming into contactwith authorities, and some being treated as law violatorsand deported for immigration offences. Authorities relied onthe possession of passports as the determining indicator inidentifying trafficking cases; potential victims who did notself-identify and who possessed their documents were notscreened for other forms of coercion or referred to NGOs orinternational organizations for assistance. Police interpretedan article in the country’s code of criminal procedure as onlygranting investigative authority to public prosecutors; this ledto a policy, in practice, of only investigating cases in whichthe victim self-identifies as such. Police conducted raids onbrothels and detained and deported Indonesian and Chinesewomen found in prostitution for immigration violations,without making adequate attempts to identify traffickingTIMOR-LESTE
344344TOGOvictims among them. The government provides a temporarylegal alternative to the removal of victims to countries wherethey may face retribution or hardship, allowing them to stayin Timor-Leste for two years. The government did not providetemporary or extended work visas to trafficking victims duringthis reporting period.PreventionThe Government of Timor-Leste made limited efforts toprevent trafficking during the reporting period. It increasedpatrols of its territorial waters to combat criminality, includingforced labor on fishing vessels, though these efforts did notresult in the identification of any trafficking cases duringthe year. The president continued to speak publicly aboutthe need to increase efforts to combat human trafficking,and government officials participated in foreign donor-funded radio and television campaigns about traffickingon government-sponsored stations. The government’s inter-ministerial trafficking working group met twice in 2011 tofinalize a national plan of action, drafted during the previousyear, and to review draft anti-trafficking legislation; however,the council’s passage of the decree law necessary to enactthe plan of action is on hold until parliament approves thelegislation. In November 2011, parliament approved a anincrease equivalent to $67,000 in the Ministry of ForeignAffairs’ budget in order to fund an international anti-traffickingconference in Dili in 2012. Observers report that police raidson brothels in Dili over the last three years have led to adecreased demand for commercial sex acts; however, due to alack of proactive victim identification procedures, these effortsmay have caused some victims to be treated as law violators.TOGO (Tier 2)Togo is a source and transit country for men, women, andchildren subjected to forced labor and sex trafficking. Themajority of Togolese victims are exploited within the country;forced child labor occurs in the agricultural sector – particularlyon coffee, cocoa, and cotton farms – as well as in stone and sandquarries. Children from rural areas are brought to the capital,Lome, and forced to work as domestic servants, roadsidevendors, and porters, or are exploited in prostitution. Nearthe Togo-Burkina Faso border, Togolese boys are forced intobegging by corrupt marabouts (religious instructors). Togolesegirls and, to a lesser extent, boys are transported to Benin,Gabon, Nigeria, Ghana, Cote d’Ivoire, and the DemocraticRepublic of the Congo and subsequently forced to work inagriculture. Children from Benin and Ghana are recruitedand transported to Togo for forced labor. Traffickers exploitTogolese men for forced labor in Nigerian agriculture andTogolese women as domestic servants. Some reports indicateTogolese women are fraudulently recruited for employmentin Saudi Arabia, the United States, and Europe, where theyare subsequently subjected to domestic servitude or forcedprostitution.The Government of Togo does not fully comply with theminimum standards for the elimination of trafficking; however,it is making significant efforts to do so. The governmentconvicted nine trafficking offenders during the year andidentified 281 potential child trafficking victims. However, itneither made progress in enacting draft legislation to prohibitthe trafficking of adults nor made efforts to accurately trackprosecution and protection data and disseminate it amonggovernment ministries.Recommendations for Togo: Increase efforts to prosecuteand punish trafficking offenders, including using existingstatutes to prosecute trafficking crimes committed againstadults; complete and enact the draft law prohibiting the forcedlabor and forced prostitution of adults; develop a formalsystem to identify trafficking victims proactively and trainlaw enforcement, immigration, and social welfare officials toidentify such victims, especially among vulnerable populations;develop a system within the Ministry of Social Affairs (MSA)to track the number of victims referred to NGOs or returnedto their families; develop a system among law enforcementand judicial officials to track suspected human traffickingcases and prosecution data; ensure sufficient funds areallocated to operate the Tokoin and Oasis centers; and increaseefforts to raise public awareness about the dangers of humantrafficking.ProsecutionThe Government of Togo sustained modest anti-traffickinglaw enforcement efforts during the year. Togolese law doesnot prohibit all forms of trafficking, such as the sex traffickingof adults, and laws against forced labor are inadequate withregard to definitions and prescribed penalties. The 2007 childcode prohibits all forms of child trafficking and prescribespenalties of two to five years’ imprisonment. These penaltiesare sufficiently stringent, but not commensurate with thoseprescribed for other serious crimes, such as rape. The 2005Law Related to Child Smuggling prescribes prison sentencesof three months to 10 years for abducting, transporting, orreceiving children for the purposes of exploitation. Article4 of the 2006 labor code prohibits forced and compulsorylabor, but its prescribed penalties of three to six months’imprisonment are not sufficiently stringent, and its definitionof forced or compulsory labor includes broad exceptions.During the year, the government did not take action to enactits draft law prohibiting the trafficking of adults, which hasremained pending since 2009.The government arrested 23 suspected traffickers in 2011.By the end of the reporting period, the government hadprosecuted and convicted nine trafficking offenders, anincrease of four over the previous year. Ten suspects still awaittrial. Sentences for the convicted offenders ranged from sixmonths’ to two years’ imprisonment. The government couldnot provide information on the status of nine traffickingprosecutions from 2010. In June 2011 and February 2012,the MSA provided training on the child code to hundreds oflawyers, paralegals, magistrates, police, and notaries in Karaand Lome and included information on how to differentiatetrafficking crimes from other forms of child exploitation.There were no allegations of government officials’ complicityin trafficking cases during the reporting period; however,allegations of complicity from the previous reporting period
345345remained uninvestigated. Inadequate funding, inefficiency,corruption, and impunity in the judicial sector continue tohinder trafficking prosecutions and convictions.ProtectionDuring the past year, the government sustained its efforts toprovide modest protection to child victims, but showed nodiscernible efforts to protect adult victims. The governmentdid not put in place measures to identify trafficking victimsamong individuals in prostitution; however, it continuedefforts to identify child victims of forced labor throughincreased education among immigration and law enforcementofficials in border areas. The Committee for the Receptionand Social Reinsertion of Trafficked Children (CNARSEVT),Togo’s national anti-trafficking committee comprised ofgovernment and NGO representatives, identified 56 victimsof child trafficking. In addition, throughout the reportingperiod the government intercepted and rescued 225 traffickedchildren being moved to sites where they faced exploitation,such as on farms as laborers and in homes as domestic servants.The governments of Nigeria, Benin, and Gabon repatriated 53Togolese child victims into the care of CNARSEVT, which inturn provided them with temporary shelter until they could bereunited with their families or placed into an apprenticeshipprogram. In Lome, MSA social workers continued to runa toll-free helpline, Allo 10-11, which received 106 childtrafficking calls during the year. Through increased trainingand awareness-raising among law enforcement officials, thepolice and CNARSEVT developed an ad hoc referral systemfor responding to hotline tips, as well as for transferringrescued trafficking victims to an appropriate shelter. TheMSA continued to oversee the Tokoin community center – atemporary multi-purpose shelter for child victims – and inJanuary 2011 assumed direct management of a second multi-purpose shelter, the Oasis center, which was previously runby a local NGO. The government did not report the numberof trafficking victims these shelters cared for during thereporting period. In early 2011, CNARSEVT initiated a pilotapprenticeship project training 24 female trafficking victimson sewing skills. The government did not offer temporaryor permanent residency status to foreign victims who facedhardship or retribution in their native country. Although therewere no reports of victims being penalized for unlawful actscommitted as a direct result of being trafficked, the lack of aformal identification system may mean some victims remainunidentified in the law enforcement system.PreventionThe government increased its efforts to prevent traffickingduring the year. CNARSEVT received a budget allocationequivalent to $101,000 for the year, which it used to fundadministrative costs and victim protection efforts. In 2011,the governments of Togo and Gabon met to commencenegotiations on a bilateral anti-trafficking agreement that willoutline procedures for the extradition of suspected traffickersand the repatriation of victims. Although cooperation alreadyexists on a working level between the two governments, theofficial agreement awaits finalization. Throughout the yearand in collaboration with the MSA, the director of CNARSEVTmet with village and regional committees, border guards andinspectors across the country to raise trafficking awareness. InJune 2011, CNARSEVT and the MSA hosted a child labor andtrafficking seminar for Lome businessmen, lawyers, and police.During the reporting period, the government increased thenumber of labor inspectors – whose responsibilities includeidentifying trafficking victims – from 62 to 74, but this didnot result in the identification of any suspected traffickers ortrafficking victims. The government did not take discerniblemeasures to decrease the demand for commercial sex acts.The government provided anti-trafficking training to Togolesetroops prior to their deployment abroad on internationalpeacekeeping missions.TONGA (Tier 2)Tonga is a destination country for women subjected to sextrafficking and is, to a lesser extent, a source country forwomen and children subjected to domestic sex traffickingand domestic and international forced labor. East Asianwomen, especially women from China, are prostituted inillegal clandestine establishments operating with legitimatefront businesses; some East Asian women are recruited fromtheir home countries for legitimate work in Tonga, payinglarge sums of money in recruitment fees, and upon arrival areforced into prostitution. Some children are subject to forcedlabor and sexual exploitation in private residences.The Government of Tonga 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 acknowledged human trafficking as an issueof concern and in conjunction with the U.S. government,organized a training program on combating trafficking inpersons. Nevertheless, the government did not develop orconduct anti-trafficking education campaigns.Recommendations for Tonga: Publicly recognize, investigate,prosecute, and punish incidences of child sex trafficking;enact a law or establish a policy that provides for explicitprotections for victims of trafficking, such as restitution,benefits, and immigration relief; criminalize the confiscationof travel documents as a means of obtaining or maintainingsomeone in compelled service; increase training for officialson human trafficking and how to identify and assist traffickingvictims; continue efforts to investigate, prosecute, and punishtrafficking offenders; work with NGOs or internationalorganizations to provide legal assistance to victims oftrafficking and greater victim protection resources; adoptproactive procedures to identify victims of trafficking amongvulnerable groups; develop and conduct anti-traffickinginformation and education campaigns; create an interagencyprocess to address anti-human trafficking efforts; develop anational action plan for countering trafficking in persons;and accede to the 2000 UN TIP Protocol.ProsecutionThe Government of Tonga, despite limited resources, mademodest progress in its law enforcement efforts to addressTONGO
346346TRINIDADANDTOBAGOhuman trafficking. Tonga prohibits all forms of humantrafficking through its Revised Transnational Crimes Act of2007, which defines human trafficking as including forcedlabor and forced prostitution. This law prescribes up to 25years’ imprisonment for these offenses, which is sufficientlystringent and commensurate with penalties for other seriouscrimes, such as rape. In April 2011, the government, for thefirst time, sentenced a trafficking offender to prison. Followingher prosecution and conviction during the previous reportingperiod for the forced prostitution of two Chinese nationalsinto prostitution, the trafficker was sentenced to 10 yearsin prison. In September of 2011, the government co-hosted,with the U.S. government, a one-day seminar focused onidentification of human trafficking offenses and protectionof victims; the training was held in Nuku’alofa, Tonga for 39individuals, including public prosecutors; police; officials fromimmigration, customs, the National Reserve Bank, the Ministryof Foreign Affairs; and local NGOs. Corruption is a knownproblem in Tonga. However, the government did not reportany allegations, investigations, prosecutions, convictions, orpunishments of officials for complicity in human traffickingthrough corrupt practices during the reporting period.ProtectionThe Government of Tonga made modest progress in identifyingtrafficking victims or ensuring their access to protective servicesduring the year. The government did not develop or employsystematic procedures for the identification of traffickingvictims among at-risk groups such as undocumented migrantsor women in prostitution, and no victims were identifiedduring the reporting period. It did not offer care services topotential victims of trafficking, though it continued to refergeneral victims of crime to NGO providers of victim services.The government provided a total equivalent to $37,000 infunding from its national budget to two local NGOs duringthe reporting period for operations related to assisting womenand children victims of crime.Under the government’s Immigration Act, the PrincipalImmigration Officer holds broad discretionary authority ingranting human trafficking victims permits to stay in thecountry for any length of time the officer deems it necessaryfor the protection of victims. The two victims from Tonga’sfirst human trafficking case currently remain in the countryon temporary permits and are being assisted by the police intheir applications for longer term permits to stay in Tonga.Additionally, human trafficking victims can be granted asylumin Tonga if they fear retribution or hardship in their country oforigin, though no human trafficking victim has ever requestedasylum.PreventionThe government of Tonga made limited efforts to preventhuman trafficking during the reporting period. In September,the government trained 39 government officials to identifytrafficking victims. The government also provided immigrationofficials with cards listing trafficking in persons indicatorsto help identify proactively victims of human traffickingtraveling in and out of the country. The government did nottake action to reduce the demand for commercial sex acts orforced labor during the reporting period. Tonga is not a partyto the 2000 UN TIP Protocol.TRINIDAD AND TOBAGO(Tier 2)Trinidad and Tobago is a destination, source, and transitcountry for adults and children subjected to sex traffickingand adults subjected to forced labor. Women and girls fromSouth America and the Dominican Republic are subjected tosex trafficking in Trinbagonian brothels and clubs. A high riskgroup for sex trafficking and forced criminal activity withinTrinidad and Tobago are Trinbagonian homeless childrenor children from difficult family circumstances. Economicmigrants from the Caribbean region and from Asia, includingIndia and China, may be vulnerable to forced labor. Somecompanies operating in Trinidad and Tobago reportedly holdthe passports of foreign employees, a common indicator ofhuman trafficking, until departure. There also have beeninstances of migrants in forced domestic service. A smallnumber of trafficking victims from Trinidad and Tobagohave in the past been identified in the United Kingdom andthe United States. As a hub for regional travel, Trinidad andTobago also is a potential transit point for trafficking victimstraveling to Caribbean and South American destinations.The Government of Trinidad and Tobago does not fullycomply with the minimum standards for the eliminationof trafficking; however, it is making significant efforts to doso. The government passed comprehensive anti-traffickinglegislation in 2011 that prohibits all forms of trafficking andprovides explicit and extensive victim protections, althoughthe law had not been enacted by the end of the reportingperiod, and for another year, the government did not prosecuteany trafficking offenders. The government identified fewvictims of trafficking, raising concerns that its proceduresfor the proactive identification of trafficking victims amongvulnerable groups, such as foreign women in prostitution,migrant workers, and homeless children, was insufficient.Recommendations for Trinidad and Tobago: Enact andfully implement the 2011 Trafficking in Persons Act tovigorously investigate and prosecute trafficking offenses, andconvict and sentence trafficking offenders, including anyofficials who may be complicit in human trafficking; consultwith IOM on strengthening the standard operating proceduresfor proactively identifying and assisting victims of trafficking;use the Trafficking in Persons Act to assist more forced laborand sex trafficking victims; ensure that suspected victims aretaken to a safe location while conducting traffickinginvestigations, as victims of human trafficking often feelthreatened and are reluctant to identify themselves as victimsduring a raid; and implement a national public awarenesscampaign in multiple languages that addresses all forms oftrafficking, including the prostitution of Trinbagonian childrenand forced labor as well as the demand for commercial sexand forced labor.