1. 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
2. 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
3. 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
4. 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.
5. 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
6. 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,
7. 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
8. 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.
9. 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
10. 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.
11. 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
12. 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
13. 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
14. 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.
15. 347347ProsecutionThe government made some progress in the area of prosecution,notably by passing comprehensive trafficking legislation. InJune 2011, the legislature passed the Trafficking in Persons Actof 2011, which prohibits both sex trafficking and forced laborand contains extensive victim protections. The Act prescribespenalties of 15 years to life imprisonment with fines. Thesepenalties are sufficiently stringent and commensurate withpenalties prescribed for other grave crimes, such as rape. Thegovernment has not yet enacted the law, however, and beforethe criminal provisions in the Act can be implemented, theAct requires the government to establish a ministerial levelnational anti-trafficking task force to coordinate governmentpolicy on human trafficking and a counter-trafficking unitwithin the Ministry of National Security to handle cases. As thenew law is not yet in force, the government’s ability to prosecutetrafficking offenders or any officials guilty of traffickingcomplicity is significantly hampered. The government reportedonly one labor trafficking investigation, no sex traffickinginvestigations, and no labor or sex trafficking prosecutionsduring the reporting period.ProtectionThe government made some progress in establishing trafficking-specific protection policies but only provided minimalassistance to trafficking victims. The government identifiedonly one labor trafficking victim and no sex trafficking victims,despite multiple brothel raids and allegations of suspectedhuman trafficking activity in Trinidad and Tobago during thereporting period. The small number of victims identified raisedserious concerns that the victim identification proceduresfor raids on suspected human trafficking were insufficient.An NGO that received government funding provided shelterand protection to the one identified trafficking victim andher dependent. The government reportedly offered suspectedhuman trafficking victims some social services directly andthrough NGOs that received government funding, but therewas no specific budget dedicated toward trafficking victimprotection. The newly passed law, which has not yet beenenacted, outlines specific services to trafficking victims andcontains extensive victim protection provisions to encouragevictims’ participation in prosecutions of trafficking offenders,including victim confidentiality provisions and victimcompensation. It also states that past sexual behavior ofvictims and consent of victims to exploitation are irrelevantto accessing benefits or pursuing the prosecution of traffickingoffenders. The Act contains explicit protection to ensure thatvictims are not punished for crimes committed as a directresult of being in a trafficking situation. The Act also providestemporary legal alternatives to deportation for foreign victims.PreventionThe government made some progress in prevention duringthe reporting period. The Ministry of National Security inpartnership with a local NGO implemented a one-weeknational human trafficking awareness program. The Ministryof National Security and partner NGOs have established aFacebook page on their joint counter trafficking initiative.Operators trained in trafficking awareness ran NGO hotlinesfor child abuse and domestic violence. The government co-funded trafficking awareness training for 50 immigrationofficers during the reporting period. While the government’sformal, ministerial level national task force was not operationalduring the reporting period, the government made progress inthe bureaucratic processes, including budgetary allocations andthe establishment of new positions, necessary for the cabinetto approve the task force and the counter trafficking unit; bothshould be operational by June 2012. The newly passed 2011 lawmandates that one of the functions of the ministerial task forceis to monitor and evaluate the government’s anti-traffickingefforts, although no such efforts were reported as of April2012. The government did not undertake measures to reducethe demand for commercial sex acts, such as an awarenesscampaign targeted at clients of the sex trade. Authorities didnot consider child sex tourism to be a problem in Trinidadand Tobago and no such cases were identified, investigated,or prosecuted during the reporting period.TUNISIA (Tier 2)Tunisia is a source, destination, and possible transit countryfor men, women, and children subjected to forced laborand sex trafficking. Some Tunisian girls are employed indomestic work in Tunis and other governorates. In northwestTunisia, a network of brokers and hiring agencies facilitateschild domestic work, but international observers note thisphenomenon has been decreasing over time. Some arereportedly held under conditions of forced labor, includingbeing given no time off, having no employment contracts,experiencing physical and sexual abuse, and being confined totheir employers’ homes. During the reporting period, politicalunrest in Tunisia and neighboring Libya triggered a wave ofillegal migration through and from Tunisia to Italy, some ofwhich was facilitated by Tunisian smuggling networks; someof these migrants may have also been trafficking victims.Moreover, migrants who fled Libya to Tunisia may have beentrafficked to Libya from third countries and continue to bevulnerable to trafficking in Tunisia, including unaccompaniedminors and child migrants identified in refugee camps alongthe Tunisia-Libya border; IOM reported young Malian girlswho were forced into prostitution in Choucha refugee campin southern Tunisia. According to international organizations,there was an increased presence of street children in Tunisiaduring this reporting period and more rural children are havingto work to support their families; some of these children maybe susceptible to involuntary exploitation. Tunisian womenare recruited for work in Lebanon’s entertainment industrythrough artiste visas and are forced into prostitution afterarrival; during the year, four Tunisian women were falselypromised jobs as secretaries in Lebanon and forced intoprostitution. Similarly, Tunisian women are found working inJordanian nightclubs, and some are forced into prostitution.The Government of Tunisia does not fully comply with theminimum standards for the elimination of trafficking; however,it is making significant efforts to do so. Since the previousregime, the interim government has shown some commitmentto address human trafficking, particularly by establishing aNational Commission to Combat Trafficking in Persons and bydrafting comprehensive counter-trafficking legislation, whichis still pending. Some victims of trafficking remain unidentifiedand unprotected, reflecting the previous government’s lack ofeffort to identify them among vulnerable groups. Despite thesepositive steps forward, the Tunisian government continues tomaintain, as it has done in previous reporting periods, thattrafficking in persons is not a widespread problem in Tunisia.Moreover, the Tunisian government views human traffickingTUNISIA
16. 348348TURKEYthrough a migration lens and does not differentiate migrantsmuggling from human trafficking.Recommendations for Tunisia: Urgently pass and enactthe draft comprehensive counter-trafficking legislation thatprohibits and adequately punishes all forms of humantrafficking concurrent with the 2000 UN TIP Protocol; withoutside assistance, urgently develop and begin implementationof formal procedures for government officials’ proactiveidentification of victims of human trafficking (distinct fromsmuggling) among vulnerable groups such as street children,undocumented migrants, girls in domestic service, and personsin prostitution; use existing criminal statutes on forced laborand forced prostitution to investigate and prosecute traffickingoffenses and convict and punish trafficking offenders;undertake a baseline assessment to better understand thescope and magnitude of the human trafficking problem;institute a formal victim identification mechanism to identifyvictims among undocumented migrants and offer them accessto protection services; and continue implementing awarenesscampaigns about trafficking in persons and anti-traffickingtrainings for all government officials.ProsecutionTunisia has not enacted its draft law specifically addressingtrafficking in persons, but Tunisia’s Penal Code prohibitssome forms of human trafficking, such as its prohibitionof capturing, detaining, or sequestering a person for forcedlabor, for which it prescribes a punishment of 10 years’imprisonment, and the prohibition of forced prostitution ofwomen and children, for which it prescribes a punishmentof five years’ imprisonment. These penalties are sufficientlystringent, though not commensurate with penalties prescribedunder Tunisian law for other serious offenses, such as rape. Inaddition to these statutes, the Penal Code prescribes one totwo years’ imprisonment for forced child begging. However,the government did not report investigations or prosecutionsof trafficking offenses, nor convictions of trafficking offenders,during this reporting period. Unlike the previous reportingperiod, government officials, including child protectionofficers from the Ministry of Women’s Affairs, military andborder police, and immigration officers, participated in fourIOM- and UNHCR-sponsored anti-trafficking trainings in mid-2011. The government, in cooperation with IOM and UNHCR,also developed written procedures to alert law enforcementofficers of indicators to identify trafficking victims.ProtectionThe Government of Tunisia made greater efforts to protectvictims of trafficking over the last year, yet the governmentcontinued to lack formal procedures to identify proactivelytrafficking victims among vulnerable groups, such asundocumented migrants and those persons detained forprostitution offenses. The government operated severalshelters for marginalized and vulnerable groups, includingunwed mothers, at-risk youth, and substance abusers amongothers, but there are no centers specifically for traffickingvictims. The Tunisian Coast Guard, with the support of Italy,conducted 281 operations in which it intercepted and detainedAfrican migrants aboard boats off Tunisia’s coast, but Tunisianauthorities made no discernible effort to identify traffickingvictims among those intercepted. The Tunisian governmentviews human trafficking through a migration lens and doesnot differentiate migrant smuggling from human trafficking.During the reporting period, the government, in conjunctionwith various international organizations, offered health,counseling and educational services and provided temporaryshelter to Libyans and third country nationals who fled Libya;however, because the government does not differentiateeconomic migrants from human trafficking victims, thegovernment did not make efforts to identify trafficking victimsamong this vulnerable group. With the help of IOM andother international partners, the Ministry of Women’s Affairsassisted two underage Malian trafficking victims at its shelterfor unaccompanied minors. The government ensured that its380 labor inspectors receive training to identify abusive childlabor and indicators of human trafficking; similarly, Ministryof Education truancy officers were instructed to identifyindicators that suggest parents are pressuring their childrento drop out of school and become domestic servants, whichcarries a high risk of forced labor. The government did not offerforeign trafficking victims legal alternatives to their removalto countries where they might face hardship or retribution.PreventionUnlike the Ben Ali regime, the current Tunisian governmentmade significant efforts to raise awareness about traffickingand train government officials during the reporting period.The Tunisian Ministries of Social Affairs, Education, andEmployment and Vocational Training initiated publicawareness campaigns in the primary school curriculumto dissuade teenagers and young adults from emigratingillegally and potentially becoming victims of trafficking.The government also supported IOM counter-traffickingawareness campaigns for refugee camp residents. Moreover,the Ministry of Employment conducted investigationsand began background checks of all recruitment agenciesoperating in Tunisia; recruitment agencies are now requiredto sign contracts with the Ministry of Employment beforethey can recruit workers to work in Gulf countries. Unlikeduring the previous reporting period, the government didnot report efforts to reduce the demand for commercial sexacts by enforcing laws against prostitution and arresting“clients” soliciting commercial sex; Ministry of the Interiorofficials continue to believe that the commercial sex trade isnot prevalent in Tunisia. In 2011, the Tunisian governmentestablished a National Commission to Combat Traffickingin Persons, composed of representatives of the Ministries ofJustice, Interior, Foreign Affairs, Social Affairs, Health, Finance,and Women’s Affairs, as well as members of civil society; thecommittee met in February 2012 to discuss adoption of theproposed anti-trafficking legislation.TURKEY (Tier 2)Turkey is a source, destination, and transit country for women,men, and children subjected to sex trafficking and forced labor.Trafficking victims found in Turkey originate from Georgia,
17. 349349Moldova, Ukraine, Uzbekistan, Turkmenistan, Azerbaijan,Russia, Indonesia, Afghanistan, Belarus, Kyrgyzstan, Romania,Armenia, Kazakhstan Morocco, Syria and Mongolia. Turkishwomen are subjected to forced prostitution within the country.According to local experts, sex trafficking victims are forcedinto prostitution in illegal brothels or are “leased” by clientsand kept in private residences or hotels. A recent report claimedthat children involved in the drug trade, prostitution, andpick pocketing in Turkey are vulnerable to exploitation bycriminal groups.The Government of Turkey does not fully comply with theminimum standards for the elimination of trafficking, but it ismaking significant efforts to do so. The government stepped upits identification of trafficking victims and increased fundingfor NGO shelters to remedy a previous funding shortfalland ensure their operation during the year. The government,however, did not secure a sustainable budget for NGOsproviding critical care and assistance. It sustained efforts toprosecute and convict trafficking offenders in 2011, thoughcourts continued to acquit a significant number of suspectedtrafficking offenders.Recommendations for Turkey: Continue to developcomprehensive anti-trafficking legislation to explicitlycriminalize forced labor and forced prostitution without theprecondition of movement, consistent with internationalstandards and establish a comprehensive victim-centeredframework for assistance, including institutionalized fundingand partnerships with NGOs; develop a mechanism to identifypotential victims of labor and sex trafficking in partnershipwith NGOs and other stakeholders, such as labor inspectors;increase incentives for victims to voluntarily cooperate in theinvestigation and prosecution of their traffickers, includingby appointing a victim witness advocate to ensure a continuumof care; allow potential victims some time to recover fromtheir trafficking experiences and to make informed decisionsbefore they are required to give official statements; establisha case-based analysis of trafficking cases to help desegregatepossible smuggling statistics from Article 80; assess why asignificant number of prosecuted trafficking cases result inacquittals; establish a victim assistance fund from fines leviedagainst convicted traffickers for this purpose; and developspecialized care for children who are subjected to trafficking,and men who are subjected to forced labor.ProsecutionThe Government of Turkey sustained its anti-trafficking lawenforcement efforts during the reporting period. Article80 of Turkey’s penal code prohibits both sex traffickingand forced labor, and prescribes penalties of eight to 12years’ imprisonment – which are sufficiently stringent andcommensurate with penalties prescribed for other seriouscrimes, such as rape. This statute, however, places emphasis onthe movement, rather than the exploitation, of victims and doesnot explicitly prohibit trafficking occurring within Turkey’sborders; this is not consistent with international standards.The government initiated a draft comprehensive traffickinglaw to remedy these deficiencies in 2011. The governmentreported that it prosecuted 409 trafficking suspects underArticle 80 during the period of January through September2011, of whom 232 were acquitted. This rate of acquittalsrepresents a significant increase compared to the previousyear when courts acquitted 150 of 430 suspects prosecuted.Because of Article 80’s emphasis on the movement of persons,the government’s prosecution data likely includes smugglingstatistics. An NGO observer noted an overall low number oftraffickers convicted and sentenced for trafficking offensescommitted in Turkey. The government reported the convictionof 16 trafficking offenders under Article 80; these offendersreceived sentences of five to eight years’ imprisonment. Courtsreportedly convicted another 16 trafficking suspects under a“mediation in prostitution” statute, Article 227, which carriesmuch lighter penalties; these 16 offenders received a range ofsentences from one month to four years’ imprisonment. Turkishlaw allows for the suspension of prison sentences of two yearsor less under certain conditions. Notably, in September 2011,the government cooperated with the Government of Armeniato successfully extradite an alleged Armenian trafficker fromTurkey. During the year, the police reported that three oftheir nine anti-trafficking operations uncovered forced laborcrimes and victims, primarily in the domestic servitude,begging, construction, and entertainment sectors. The policealso reported the arrest of a Turkish government official forhis suspected involvement in sex trafficking as a result ofthese operations. Complicity in trafficking by governmentemployees continued to be a problem; the government did nottake any additional action stemming from a 2009 prosecutioninvolving three police officers or report any follow-up toits 2008 investigation of 25 security officials for traffickingcomplicity.ProtectionThe Government of Turkey demonstrated progress inidentifying and protecting sex trafficking victims in 2011.According to the Ministry of Interior (MOI), the governmentidentified 82 trafficking victims in 2011, an increase from the58 victims it identified in 2010. Notably, local police in Antalyaincluded an NGO in victim identification interviews in 2011,which resulted in the identification of 29 trafficking victims.According to regional experts, Turkish authorities do not ensurethat NGOs are engaged early in the identification process andas a consequence officials inadvertently deported some foreigntrafficking victims. Thus the government continued to arrestand deport individuals without adequate efforts to identifytrafficking indicators among men, women, and children.Three anti-trafficking NGOs provided shelter to a totalof 39 victims, including 2 children, during the reportingperiod. The government increased funding to these sheltersin 2011 to help keep them operational during the year; localauthorities and the MFA provided a combined $105,000 tothe Istanbul shelter during the year. The MFA also providedsupplemental funding for the shelters in Ankara and Antalyain 2011, representing an improvement from the previousyear when funding shortages caused one shelter’s closure.The government continued, however, to lack a consistentfunding mechanism to ensure sustainability and supportfor NGOs providing comprehensive care in these shelters.While the government encouraged victims to participate intrafficking investigations and prosecutions, most victimsTURKEY
18. 350TURKMENISTANchose to return to their country of origin and declined toparticipate in prosecutions of traffickers. This was most oftendue to a lack of available legal aid to support victims duringcourt proceedings, victims’ perceived fear of authorities, thethreat of retribution from traffickers, and slowness of courtprocedures. IOM assisted in the return of 35 trafficking victimswho declined assistance from Turkish officials. The governmentcontinued to hold trafficking victims in immigration detentioncenters while IOM prepared their return procedures. Thegovernment offered foreign victims legal alternatives to theirremoval to countries where they would face retribution orhardship. Foreign victims may apply for humanitarian visasand remain in Turkey for up to six months with permission towork, with the option to extend for an additional six months.The government granted such a permit to one traffickingvictim in 2011.PreventionThe Turkish government demonstrated proactive steps toreform its anti-trafficking prevention efforts during the year.Its inter-agency working group on trafficking, established inAugust 2011, met regularly throughout the year to identifyareas of weakness. The government continued to provide theequivalent of $150,000 in annual funding for the operationof its national IOM-run anti-trafficking (“157”) hotline. IOMcontinued to report that the highest percentage of calls camefrom clients of women in prostitution. During the year, thegovernment distributed an identification form for police touse during anti-trafficking operations; however local expertsreported the need for enhanced training to ensure moreconsistent implementation. The Turkish government providedanti-trafficking training to its military personnel prior to theirdeployment abroad for international peacekeeping missions.The government did not demonstrate efforts to reduce thedemand for commercial sex acts or forced labor within Turkey.Prostitution by women who are Turkish citizens is legal underrestricted conditions in Turkey; the government reportedefforts to screen both brothels and women involved in streetprostitution to identify potential trafficking victims. Thegovernment did not take any discernible steps to prevent childsex tourism by Turkish nationals traveling abroad.TURKMENISTAN(Tier 2 Watch List)Turkmenistan is a source, and to a lesser extent, destination,country for men, women, and children subjected to forcedlabor and sex trafficking. Men and women from Turkmenistanare subjected to forced labor after migrating abroad in searchof employment, including in textile sweatshops, constructionsites, and in domestic servitude. Some women and girls fromTurkmenistan are subjected to sex trafficking abroad. Turkeyremains the most frequent destination for identified Turkmenvictims, followed by Russia; Turkmen victims have also beenidentified in the United Kingdom, Kazakhstan, Turkey, andCyprus. An international organization estimates that thereare between 10 and 25 trafficking victims who return toTurkmenistan each month. Trafficking occurring within thecountry is also a problem. Those who work in the constructionindustry are vulnerable to forced labor. In 2011, traffickingvictims were identified in Turkmenistan from Uzbekistan,Ukraine, and Azerbaijan.The Government of Turkmenistan does not fully comply withthe minimum standards for the elimination of trafficking;however, it is making significant efforts to do so. Despite thisprogress – including publicly acknowledging the existence ofhuman trafficking within the country, convicting traffickersfor the first time under its anti-trafficking statute, and formallyregistering an NGO-operated shelter – the government didnot demonstrate overall increasing efforts in identifying andprotecting victims and raising awareness of human traffickingover the previous year; therefore, Turkmenistan is placed onTier 2 Watch List.Recommendations for Turkmenistan: Improveimplementation of the 2007 Law on Combating Traffickingin Persons; continue to use Article 129 to investigate andprosecute suspected trafficking offenses and convict andpunish trafficking offenders; provide training for prosecutorsand other relevant government authorities on the properapplication of Article 129; develop systematic procedures toidentify victims and refer them to protection services andtrain border guards, police, and other relevant governmentofficials to use these procedures; provide financial or in-kindassistance to anti-trafficking organizations providing assistanceto victims; establish safeguards and training procedures toensure victims are not punished for unlawful acts committedas a direct result of being trafficked, such as migrationviolations and prostitution; conduct a trafficking awarenesscampaign to inform the general public about the dangers oftrafficking; develop formal relationships with civil societygroups to coordinate national anti-trafficking efforts; anddevelop a national action plan for countering trafficking inpersons.ProsecutionThe Government of Turkmenistan demonstrated lawenforcement progress during the reporting period. Thegovernment prohibits all forms of trafficking in personsthrough Article 129 of its criminal code, which was adoptedin May 2010 and went into effect in July 2010. It prescribespenalties ranging from four to 25 years’ imprisonment.These penalties are sufficiently stringent and commensuratewith those prescribed for other serious crimes, such as rape.However, this law releases the trafficking offender fromcriminal penalty if he or she voluntarily frees the victim, unlesscertain aggravating circumstances are present. The governmentdid not provide anti-trafficking law enforcement data forinclusion in this report. At the same time, other sources verifiedreports that the government convicted several traffickersin three cases under Article 129(1) – the first convictionsrecorded under Turkmenistan’s trafficking statute. In one case,the government sentenced two convicted traffickers fromthe eastern city of Mary to 13 years’ imprisonment for sextrafficking. The government also sentenced an unspecifiednumber of traffickers to nine years’ imprisonment in twoseparate cases in the city of Turkmenabat in Lebap province,also for sex trafficking. A media outlet reported that the former
19. 351director of a cotton spinning company was sentenced to threeyears’ probation and a fine under a non-trafficking statute foroffenses that included sex trafficking; numerous governmentofficials were alleged to be among the clients. These lawenforcement efforts represent an increase over those takenduring the previous reporting period. There were no reportsthat the General Prosecutor’s Office conducted trainings forlaw enforcement officials on implementing Article 129(1),as they did in the previous reporting period. Prosecutorsreportedly continued to share information about traffickingwith Turkish counterparts.ProtectionThe Government of Turkmenistan demonstrated limited effortsto protect or assist victims during the reporting period, despiteprovisions in the 2007 anti-trafficking law for establishingvictim care facilities and providing protection and assistancefor victims of trafficking. The government did not provideservices to victims of trafficking, nor did it fund internationalorganizations or NGOs to provide such services to victims.However, the State Migration Service referred some victimsto the NGO-run counter-trafficking hotline and shared somecases of potential victims returning from Turkey with an NGO.For the first time, in September 2011, the government formallyregistered an NGO-operated shelter for trafficking victims,though the shelter had operated since August 2010. In 2011,at least 50 victims were assisted by organizations that did notreceive government funding, compared with 38 victims assistedby such organizations in 2010. The government employed noformal victim identification procedures and did not providevictim identification, referral, or sensitivity training to borderguards or police. The government punished trafficking victimsfor crimes committed as a result of being trafficked; reportscontinued that the State Migration Service fined traffickingvictims upon return to Turkmenistan for visa violations.Turkmen citizens deported from other countries – potentiallyincluding trafficking victims – are reportedly blocked bythe State Migration Service from exiting Turkmenistan for aperiod of up to five years. The government made no attemptsto identify sex trafficking victims among women arrested forengaging in prostitution. There was one report of five victimsassisting in an investigation and receiving temporary policeprotection in return, although the government did not reportencouraging victims to assist in trafficking investigations orprosecutions. Anecdotal information suggested, however, thatmany victims did not turn to the authorities for assistance.PreventionThe Government of Turkmenistan demonstrated some effortsto prevent human trafficking during the reporting period. Itjointly hosted an anti-trafficking conference in September 2011with IOM and a foreign government, with participating expertsdrawn from seven countries and international organizations.State-owned television and print media provided extensivecoverage of the event. In November 2011, a governmentdelegation to the UN Committee on Economic, Social, andCultural rights publicly acknowledged for the first time theexistence of human trafficking in Turkmenistan by reportingthe occurrence of trafficking convictions. The government didnot fund or conduct any anti- trafficking awareness campaignsin 2011. The government did not provide assistance to anyanti-trafficking NGOs, in contrast to 2010 when Turkmenistanprovided in-kind assistance to two NGOs. The governmentcontinued to lack a coordinating body on human traffickingand a national anti-trafficking plan. Transparency in anti-trafficking efforts was poor, as the government did not reportpublicly on its anti-trafficking policies or activities. The statelesspopulation in Turkmenistan is vulnerable to trafficking. TheState Migration Service, jointly with UNHCR, registeredapproximately 8,000 people over the age of 18 who areconsidered at risk of statelessness and issued residency permitsto many of them. The government also granted citizenship to3,318 formerly stateless people through presidential decreesin July and October 2011.UGANDA (Tier 2)Uganda is a source and destination country for men, women,and children subjected to forced labor and sex trafficking.Ugandan children are exploited in forced labor within thecountry in agriculture, cattle herding, mining, stone quarrying,brick making, car washing, scrap metal collection, bars andrestaurants, and the domestic service sector, and are exploitedin prostitution. Ugandan children are taken to other EastAfrican countries for similar purposes, and are also forcedto engage in criminal activities. Karamojong women andchildren are particularly vulnerable to domestic servitude,commercial sexual exploitation, and forced begging due todire economic and social conditions in the Karamoja region.Children from the Democratic Republic of the Congo (DRC),Rwanda, Burundi, Kenya, Tanzania, and South Sudan aresubjected to forced agricultural labor and prostitution inUganda. Prisoners in pre-trial detention engage in forcedlabor alongside convicts; pre-trial detainees make up 56percent of Uganda’s prison population. Until August 2006, theLord’s Resistance Army (LRA) abducted children and adults innorthern Uganda to serve as soldiers, sex slaves, and porters.While there have been no LRA attacks in Uganda since 2006,Ugandan children previously abducted remain unaccountedfor, and some may remain captive with LRA elements currentlylocated in the DRC, Central African Republic, and South Sudan.During the reporting period, Ugandan trafficking victims werereported in the UK, Denmark, Iraq, South Sudan, Kenya, China,Thailand, and Malaysia. In addition, Uganda’s INTERPOLoffice reported Ugandan women trafficked to India, Egypt,Afghanistan, Indonesia, and the United Arab Emirates. Duringthe year, press reports highlighted the forced prostitution ofUgandan women in Malaysia after being recruited for workas hair dressers, nannies, and hotel staff; some of the womentransit through China and Thailand – where they may alsoencounter forced prostitution – en route to Malaysia.The Ugandan government does not fully comply with theminimum standards for the elimination of trafficking; however,it is making significant efforts to do so. The governmentidentified five trafficking cases during the year and prosecutedthree of these cases but did not convict any forced labor orsex trafficking offenders under Uganda’s 2009 Preventionof Trafficking in Persons (PTIP) Act. The government alsoestablished a counter trafficking in persons (CTIP) office– as mandated by the 2009 PTIP Act – to lead national anti-trafficking efforts and develop a national action plan. Thegovernment referred victims who came forward to the careof IOM but did not provide financial or material support forthis care. The government’s one-person External Labor Unit(ELU) continued to monitor the activities of licensed externallabor recruiting agencies, provided pre-departure seminarsUGANDA
20. 352UGANDAfor Ugandans recruited to work oversees, and conductedan official visit to Iraq to investigate trafficking allegations.However, its efforts to adequately monitor external laborrecruiting agencies were hampered by a continued lack offinancial and human resources.Recommendations for Uganda: Continue to implementcomprehensive anti-trafficking legislation and build thecapacity of the CTIP office and other governmental and non-governmental stakeholders; increase efforts to prosecute,convict, and punish trafficking offenders; institute a unifiedsystem of documenting and collecting data on humantrafficking cases for use by law enforcement, labor, and socialwelfare officials; investigate and punish labor recruiters andcriminal entities responsible for knowingly sending Ugandansinto forced labor or prostitution abroad; ensure use of adefinition of trafficking in persons consistent with the 2009PTIP Act and 2000 UN TIP Protocol when implementing theact, identifying victims, and combating trafficking generally;finalize regulations to fully implement the protection andprevention provisions of the 2009 PTIP Act; launch anationwide anti-trafficking public awareness campaign witha particular focus on forced labor; establish policies andprocedures for government officials to identify and interviewpotential trafficking victims proactively and transfer them tothe care, when appropriate, of local organizations; trainUgandan officials serving in overseas postings in victimidentification techniques; and increase the number of staffand funding dedicated to the anti-trafficking efforts withinthe ELU, the Ministry of Gender, Labor, and SocialDevelopment (MGLSD), and the Ministry of Internal Affairs(MIA).ProsecutionThe Government of Uganda maintained its anti-traffickinglaw enforcement efforts during the year, acquitting twosuspected traffickers, prosecuting two additional suspects,and initiating two additional investigations, though it didnot convict forced labor or sex trafficking offenders. The2009 PTIP Act prohibits all forms of trafficking, prescribingpunishments of 15 years to life imprisonment, penaltieswhich are sufficiently stringent and commensurate with thoseprescribed for other serious crimes, such as rape. Duringthe year, a Ugandan court acquitted two alleged traffickersbecause the alleged offenses occurred prior to ratificationof the act; the government did not retry the offenders forthe domestic servitude of a child under other relevant legalprovisions. In two of the five investigations that began duringthe reporting period, the government charged – in Augustand September 2011 – two suspects with human traffickingfor recruiting Ugandan women into forced prostitution inEast Asia. The investigation of two additional offenders alsoallegedly involved in the recruitment of women for forcedprostitution in East Asia remains pending from the previousreporting period, as does an April 2010 case involving thetrafficking of people from the Karamoja region to urbancenters in Uganda. In 2011, the Uganda Police Force (UPF)and Ugandan INTERPOL cooperated with Malaysian, Thai,Chinese, Kenyan, and Rwandan government counterparts toinvestigate alleged trafficking cases.The government prosecuted one internal domestic servitudecase during the year which resulted in an acquittal; however,it did not identify cases of children involved in other formsof forced labor or prostitution. In November 2011, the MIAtrained 598 police cadets from Uganda, South Sudan, andSomalia on identifying trafficking cases. In December 2011,the MIA also trained 22 immigration officers on victimidentification and case investigation. In March 2011, MIAand police officials conducted two sessions as part of abroader ILO training of 35 officials from the MIA, UPF, theMGLSD, and NGOs on human trafficking and the 2009 PTIPAct. The Ministry of Foreign Affairs (MFA) did not providetraining on victim identification to its consular staff. However,MIA immigration officials working in Ugandan embassiesand consulates abroad routinely receive training in victimidentification. Additionally, staff within the Uganda PrisonsService is complicit in forced labor for engaging pre-trialdetainees in hard labor alongside convicts.ProtectionThe government made efforts to protect trafficking victimsduring the year, but it failed to draft implementing regulationsor allocate funding for the implementation the 2009 anti-trafficking law’s victim protection provisions. The governmentidentified trafficking victims during the year but did notdevelop procedures for the systematic identification ofvictims among high risk groups. The Ugandan military didnot provide comprehensive data on persons rescued fromthe LRA during its operations abroad. During the year, anNGO provided services, including counseling and vocationaltraining, to 104 children removed from domestic servitudeand prostitution. The government continued to provide short-term shelter, food, and medical care at police stations, whilereferring victims on an ad hoc basis to NGOs for long-termcare and additional services. The government did not providesupport to NGOs offering longer-term care. In Kampala, localpolice routinely took street children to an under-resourcedMGLSD juvenile detention center that provided food, medicaltreatment, counseling, basic education, and family tracing.Children spent up to three months at the facility; some werereturned to their families, but many others returned to thestreets again. There were no similar government-funded oroperated facilities or services for adult trafficking victims. Thelaw permits foreign trafficking victims to remain in Ugandaduring investigation of their cases and to apply for residencyand work permits, but there were no reported cases involvingforeign victims during the year. The government encouragedtrafficking victims to testify against their exploiters; however,there was no evidence that victims did so during the year.During the year, IOM repatriated 13 Ugandan women fromMalaysia and two from China; the Ugandan governmentprovided travel documents to several of these traffickingvictims, but did not fund their travel costs or provide medicalcare, shelter, counseling, or other assistance to these or otherrepatriated trafficking victims. The Ugandan honorary consulto Malaysia played an active role in supporting and assistingin the repatriation of Ugandan trafficking victims in Malaysia.Several Ugandan members of parliament visited Malaysia inMarch 2012 on a related fact-finding mission.
21. 353PreventionThe Ugandan government made increased efforts to preventhuman trafficking during the year. In February 2012, theMinister of Internal Affairs, the lead ministry on anti-trafficking efforts, appointed a principal immigration officer tocoordinate government anti-trafficking efforts and oversee thework of its newly established anti-trafficking office – the CTIPoffice. The establishment of the office fulfills a long-delayedmandate of the 2009 PTIP Act. In March 2012, the CTIPoffice established a national 14-member task force includingrepresentatives from the CTIP office, the ImmigrationDepartment, the UPF’s child and family protection unit andspecial investigations unit, INTERPOL, the MGLSD, theMFA, the Ministry of Education, the Ministry of Justice andConstitutional Affairs, the Directorate of Public Prosecutions,the Internal Security Organization, the External SecurityOrganization, and the Karamoja affairs, disaster preparedness,and refugees offices within the prime minister’s office. Duringthe year, the CTIP office required task force members to submitreports on actions to combat trafficking by their respectiveagencies and began consultations necessary for drafting anational action plan. The government also conducted anti-trafficking educational campaigns through radio programsand community discussions during the year. Following theinterception of several buses of children in the previousreporting period and a well-documented problem of forcedbegging by Karamojong children on Kampala’s streets, in2011 the MGLSD established road blocks along the Karamoja-Kampala corridor to identify potential child victims beforethey reached Kampala.The MGLSD’s ELU continued application of its 2008 policyprohibiting labor recruitment agencies from recruitingUgandans to work as domestic servants, and monitoredtheir recruitment of guards, drivers, and manual laborersfor overseas employment. In 2011, the ELU visited Iraq toinvestigate allegations of trafficking of Uganda citizens in thesecountries and began drafting new guidelines for recruitmentagencies. The ELU – with just one staff member – providedpre-departure seminars for 400 Ugandans leaving for workabroad, supplied sample contracts to recruitment agencies,and provided phone numbers for Ugandans to call shouldthey need assistance while abroad. However, the government’soversight of overseas recruitment agencies remains inadequateand under-resourced.In March 2011, five women repatriated from Iraq in 2009 fileda lawsuit against the attorney general, the inspector generalof police (IGP), the director of public prosecution (DPP),and a labor recruitment agency alleging that the agency hadtrafficked 155 women to Iraq. The women alleged that theIGP knew the women would be exploited and failed to carryout his constitutional duty to protect them, and that the DPPsubsequently failed to prosecute the recruitment agency. Thecase remains pending, and the plaintiffs’ claim that many ofthe women sent to Iraq remain missing. In February 2011, amember of parliament filed a petition on behalf of 16 womenrepatriated from Iraq tasking parliament’s gender and socialdevelopment committee to investigate recruitment agencies;during the year, parliament took no action on this petition.The government investigated three cases of child sacrifice, twoof which remain pending. In the third case, the governmentconvicted one offender under its PTIP Act and sentenced thissuspect to seven years’ imprisonment for attempted childsacrifice. In March 2012, the government convicted a foreignnational for possession of pornography and sentenced him totwo years’ imprisonment or a fine of equivalent to $2,500. Theoffender paid the fine and was released, but was immediatelyrearrested for the alleged sexual abuse of Ugandan children.The case was pending at the end of the reporting period. Thegovernment provided anti-trafficking training to members ofthe Ugandan armed forces prior to their deployment abroadon international peacekeeping missions; an estimated 5,000troops attended such trainings in 2011. Uganda is not a partyto the 2000 UN TIP Protocol.UKRAINE (Tier 2)Ukraine is a source, transit, and increasingly a destinationcountry for men, women, and children subjected to forced laborand sex trafficking. Ukrainian trafficking victims are subjectedto trafficking in Russia, Poland, Iraq, Portugal, United ArabEmirates, the Czech Republic, Turkey, Germany, Azerbaijan,Israel, Lithuania, Lebanon, Cyprus, Greece, Italy, Macedonia,Spain, Syria, the United States, Albania, Bahrain, Bosnia &Herzegovina, China, Egypt, Hungary, India, Kazakhstan,Kosovo, Moldova, Montenegro, Serbia, Slovenia, South Africa,Syria, Turkmenistan, and the Netherlands. Within the country,Ukrainian women and minors were trafficked for sexualexploitation, men and women of all ages were trafficked forforced labor, and children from disadvantaged families wereforced to beg. Homeless children or children in orphanagescontinued to be particularly vulnerable to trafficking inUkraine. Men, women, and children from Uzbekistan,Pakistan, Cameroon, Moldova, Germany, Albania, and theCzech Republic are subjected to forced labor and sex traffickingin Ukraine. The most prevalent sectors for labor exploitationwere construction, agriculture, manufacturing, domesticwork, the lumber industry, nursing, and street begging orselling. Often, traffickers are part of small organized crimenetworks, the majority of which are led by Ukrainians withforeign partners, particularly in Germany, Russia, and Poland.The Government of Ukraine does not fully comply withthe minimum standards for the elimination of trafficking;however, it is making significant efforts to do so. Duringthe reporting period, the government passed legislation thatcould improve the delivery of services to trafficking victims,including through the development of a national victimreferral mechanism. The judicial system convicted moretrafficking offenders and sentenced the majority to time inprison. The government, through a limited pilot project, alsoincreased the number of victims identified and referred toNGOs for assistance, though it did not fund NGO-providedservices to victims, and services available for child victimsremained inadequate. The government did not take sufficientsteps to investigate, prosecute, and convict government officialscomplicit in human trafficking crimes and did not developeffective mechanisms for the proactive identification andreferral of trafficking victims to services.UKRAINE
22. 354UKRAINERecommendations for Ukraine: Vigorously investigate,prosecute, and convict government officials complicit intrafficking crimes and ensure that guilty officials receivetime in prison; continue to investigate actively and prosecutetrafficking offenses, and seek sentences for convicted traffickingoffenders that require them to serve appropriate jail time;improve collection of data to disaggregate forced labor and sextrafficking offenses; continue to monitor human traffickingtrial procedures and encourage prosecutors to give moreserious attention to human trafficking cases; implementeffectively the new national referral mechanism to ensurethe proactive identification and referral of trafficking victimsto services; widely disseminate information about the newhuman trafficking law among governmental institutions;expand services provided by the government to victims oftrafficking and provide funding for NGOs providing criticalcare to victims; consider establishing a fund derived fromassets seized from convicted traffickers for this purpose;provide specialized assistance to child trafficking victims;encourage courts to use victim-centered methods of collectingtestimony and equip them with the technology and facilitiesto do so; ensure victims of trafficking are not penalized for actscommitted as a direct result of being trafficked; further expandprevention efforts in coordination with civil society; increaseinteragency coordination to combat human trafficking; andcontinue trafficking-specific training for prosecutors andjudges.ProsecutionThe Government of Ukraine increased law enforcement effortsduring the reporting period, particularly increasing the numberof convictions of trafficking offenders. Article 149 of theCriminal Code prohibits all forms of trafficking and prescribespenalties from three to 15 years’ imprisonment, which aresufficiently stringent and commensurate with those prescribedfor other serious crimes, such as rape. The government reportedinitiating 125 investigations into trafficking offenses in 2011,down from 145 in 2010 and 160 in 2009. The governmentprosecuted 135 trafficking cases under Article 149 in 2011,compared with 111 trafficking cases prosecuted in 2010 and80 in 2009. The government reported that it convicted 158trafficking offenders in 2011, an increase from 120 in 2010and 110 in 2009. Of the 91 convicted trafficking offenders whodid not appeal courts’ decisions in 2011, 53 received sentenceswith prison terms. Sentences ranged from less than two years’to 10 years’ imprisonment. Thirty-six convicted traffickers wereplaced on probation, an increase from 33 in 2010. Additionally,appeals of 67 convicted traffickers were still pending in 2011,compared with 25 in 2010. The government did not, however,disaggregate its law enforcement data to demonstrate effortsagainst both sex and labor trafficking. Prosecutors continuedto appeal low sentences imposed on convicted traffickingoffenders, appealing 45 such sentences in 2011. In 2011, theUkrainian government cooperated on joint investigationswith at least twenty other governments and executed threeextradition requests. During the year, the responsibility forinvestigating human trafficking offenses reverted from thespecialized Department of Combating Cyber Crime andHuman Trafficking to a subordinate unit in the CriminalSearch Department, which had held this responsibility until2005. The government continued to include trafficking-specific sessions in its regular training seminars for judges.In December, the National Academy of Prosecutors conducteda seminar for law enforcement personnel on strengtheningtheir capacity to combat human trafficking.Government officials’ complicity in human traffickingoffenses continued to be a serious problem in 2011. Whilethe government provided no statistics regarding investigationson public officials, NGOs reported that official trafficking-related corruption was a problem, including complicity ofprosecutors, judges, and border guards. Local and oblast-levelcorruption interfered with the investigation and prosecutionof trafficking cases. Local experts reported one case in Volynoblast, however, in which the government is prosecuting avillage council deputy who organized a criminal ring thattrafficked 20 women to Poland. During 2011, three anti-trafficking officers who solicited bribes from women engagedin prostitution were convicted and sentenced to 3.5 years’imprisonment; their appeal was still pending at the end ofthe reporting period.ProtectionThe government did not expand its victim protection effortsduring the reporting period, though it did pass a law thatshould improve the delivery of services to victims in thefuture. In September 2011, the legislature passed the Law onCombating Trafficking in Human Beings, which assigned anti-trafficking responsibilities to various government agenciesand codified the government’s anti-trafficking protectionpolicies. Additionally, the statute requires the establishmentof a formal mechanism for referral of victims for the provisionof assistance. The new law requires front-line respondersto refer all potential trafficking victims to the Ministry forSocial Policy (MSP) for formal victim identification and stateassistance. The government continued its pilot project, inpartnership with the OSCE, to develop a referral mechanismin two oblasts; 43 victims were identified and assisted withinthe pilot project framework in 2011, an increase from 20 in2010. According to the Ministry of the Interior, the governmentidentified 294 victims, compared to 277 in 2010 and 359 in2009. In 2011, IOM, working with its local NGO partners,provided reintegration assistance to 823 Ukrainian victims,a decrease from 1,085 victims in 2010, about three quartersof whom were victims of labor trafficking. The governmentdid not provide any funding to NGOs providing assistance tovictims of trafficking, although it did provide some in-kindassistance to NGOs assisting victims and engaged in otheranti-trafficking activities, including administrative expensesand facility space. Government-supported shelters reportedproviding assistance to 15 trafficking victims in 2011. Thegovernment, however, continued to rely on internationaldonors to provide the majority of funding for victim assistance.The government continued to place child trafficking victimsin temporary shelters for homeless children that do not offerspecialized services for trafficking victims. The governmentencouraged victims to cooperate with law enforcement in theprosecution of their traffickers; 294 victims assisted in pre-trialtrafficking investigations in 2011. Meanwhile, the governmentmade modest improvements in protecting victim witnesses bymore frequently using victim-centered methods of collectingtestimony. The new human trafficking law provides foreigntrafficking victims with the opportunity to apply for a three-month temporary residence permit, which can be extendedfor participation in judicial proceedings or if the victim’ssafety would be comprised by his or her repatriation. Therewere no reports of victims being punished for unlawful actscommitted as a direct result of being trafficked; however, threevictims were detained for six months because they were notinitially recognized as trafficking victims, and another victimwas detained while awaiting deportation because there was
23. 355not yet a temporary legal status for trafficking victims. TheDepartment on Combating Organized Crime was reportedlymore active in proactively investigating human trafficking ringsand regularly monitored farms and industrial areas, thoughthose doing the investigations were not the personnel whohad previously received specialized training in conductinganti-trafficking investigations. IOM identified 23 foreignvictims of trafficking during the reporting period.PreventionThe Government of Ukraine continued its limited traffickingprevention activities during 2011. The government prepared 15anti-trafficking public service announcements for Ukrainiantelevision, published 136 articles for print and electronicmedia, and aired 19 radio reports. The government tooksome steps to regulate private companies involved in therecruitment of Ukrainians for work abroad. The governmentprovided in-kind and limited financial assistance to NGOsfor trafficking-prevention activities. Together with IOM,the government conducted five counter-trafficking trainingsessions for Ukrainian troops prior to deployment forinternational peacekeeping duties in 2011; these trainingsare mandatory for Ukrainian peacekeepers. In January 2012,the government designated the MSP as the national anti-human trafficking coordinator. At the end of the reportingperiod, the Government of Ukraine adopted the NationalPlan on Combating Human Trafficking for 2012-2015. Thegovernment did not conduct any anti-trafficking preventioncampaigns to address demand for commercial sex.UNITED ARAB EMIRATES(Tier 2)The United Arab Emirates (UAE) is a destination, and to a lesserextent transit , country for men and women, predominantlyfrom South and Southeast Asia, who are subjected to forcedlabor and forced prostitution. Migrant workers, who comprisemore than 90 percent of the UAE’s private sector workforce,are recruited from India, Pakistan, Bangladesh, Nepal, SriLanka, Indonesia, Ethiopia, Eritrea, China, Thailand, Korea,Afghanistan, Iran, and the Philippines. Women from some ofthese countries travel willingly to the UAE to work as domesticservants, secretaries, beauticians, and hotel cleaners, butsome are subjected to conditions indicative of forced labor,including unlawful withholding of passports, restrictionson movement, nonpayment of wages, threats, or physicalor sexual abuse. Restrictive sponsorship laws for foreigndomestic workers often give employers power to controldomestic workers’ movements, threaten them with abuse oflegal processes, and make them vulnerable to exploitation.Men from India, Sri Lanka, Bangladesh, Pakistan, and Nepalare drawn to the UAE for work in the construction sector;some are subjected to conditions of forced labor, includingdebt bondage as they struggle to pay off debts for recruitmentfees. In some cases, employers have declared bankruptcy andfled the country, effectively abandoning their employees inconditions vulnerable to labor exploitation. Some womenfrom Eastern Europe, Central Asia, Southeast Asia, the FarEast, East Africa, Iraq, Iran, and Morocco are subjected toforced prostitution in the UAE.The Government of the United Arab Emirates does not fullycomply with the minimum standards for the elimination oftrafficking; however, it is making significant efforts to do so.This year, the government continued to prosecute and punishsex trafficking offenders, though its efforts to combat forcedlabor were lacking. The government’s failure to address laborand other forms of trafficking continues to be a gap in theEmirates’ law enforcement efforts against trafficking. However,during the reporting period, in direct response to indicatorsof forced labor of temporary migrant workers and domesticservants, the government implemented victim identificationprocedures, drafted a law to protect domestic workers, andcontinued to aggressively enforce its Wage Protection System,which is intended to ensure the payment of wages to workers.The government continued to implement its anti-traffickingawareness campaigns and to refer identified sex traffickingvictims to protective services. In addition, the governmentinvited Dr. Joy Ezeilo, the UN Special Rapporteur on Traffickingin Persons, in April 2012 to conduct a fact-finding mission ontrafficking issues in the UAE and offer recommendations tostrengthen government efforts against trafficking. Nonetheless,labor trafficking victims remained largely unprotected and,due to the government’s lack of capacity to identify victimsof forced labor among vulnerable populations, victims maybe punished for immigration and other violations.Recommendations for the United Arab Emirates:Significantly increase efforts to investigate, prosecute, andpunish labor trafficking offenses, and convict and punishtrafficking offenders, including recruitment agents andemployers who subject workers to forced labor; enact andimplement the draft law addressing the protection of domesticworkers’ rights; institute formal procedures to identifyproactively victims of trafficking among vulnerable groupssuch as workers subjected to labor abuses, those apprehendedfor violations of immigration laws, domestic workers whohave fled their employers, and foreign females in prostitution;provide protection services to all victims of trafficking,including by extending protection to victims of forced laboron par with victims of forced prostitution; ensure traffickingvictims are not incarcerated, fined, or otherwise penalizedfor unlawful acts committed as a direct result of beingtrafficked, including victims of forced labor; enforceprohibitions on withholding of workers’ passports; extendlabor law protections to domestic workers; and reform thesponsorship system so it does not provide excessive power tosponsors or employers in granting and sustaining the legalstatus of workers.ProsecutionThe UAE government sustained its strong law enforcementefforts against sex trafficking during the reporting period, butagain failed to take any discernible measures to investigate orpunish forced labor offenses. The UAE prohibits all forms oftrafficking under its federal law Number 51 of 2006, whichprescribes penalties ranging from one year in prison to lifeimprisonment, as well as fines and deportation if the traffickeris an expatriate. These penalties are sufficiently stringentUNITEDARABEMIRATES
24. 356UNITEDARABEMIRATESand commensurate with those prescribed for other seriouscrimes, such as rape. In November 2010, the Dubai authoritiesestablished a special court to expedite human traffickingprosecutions in that Emirate. During the reporting period,the UAE government continued to combat sex trafficking,investigating 44 cases in 2011, two of which involved victimsunder the age of 18. Thirty-seven of these cases were prosecutedunder the anti-trafficking law, which is a significant decreasefrom the 58 sex trafficking cases prosecuted in 2010. Accordingto the government’s 2011-2012 annual human traffickingreport, the 37 prosecutions yielded 111 arrests and involved51 victims; 19 traffickers were convicted and punished withprison terms including life imprisonment. Despite the UAE’sprohibition of labor trafficking offenses, the government onlyreported the prosecution of one forced labor case under theanti-trafficking law. In January 2011, two women were chargedwith forced labor offenses for forcing a woman to work in amassage parlor; they were also charged with forced prostitutionof two other victims. The prosecution was still ongoing at theend of the reporting period. The government failed to reportany convictions or punishments for forced labor during thereporting period. Prohibitions against practices that greatlycontribute to forced labor, such as the widespread withholdingof workers’ passports, remained unenforced. The governmentcontinued to respond to workers’ complaints of unpaid wages,but this response was largely limited to administrative remedies,including fines or mediation to recover the wages; seldom didthe government criminally investigate or punish an employer.The government’s inter-ministerial National Committee toCombat Human Trafficking (NCCHT) and Dubai authoritiescontinued to train judicial and law enforcement officialsand staff of the government’s social services agency onhuman trafficking issues. The Ministry of Interior (MOI)also conducted 47 internal training courses for over 1,000anti-trafficking specialists in 2011, and anti-trafficking courseswere added to police academies’ curriculums. The NCCHTalso finalized a data collection methodology to establisha central database for law enforcement officers working onanti-trafficking cases. The government did not report anyinvestigations, prosecutions, or convictions for governmentcomplicity in trafficking offenses. The government reportedactively cooperating with other countries and internationalagencies on international trafficking investigations duringthe year. For example, UAE cooperated with Azerbaijaniauthorities to extradite three Azerbaijani traffickers who werelisted on an INTERPOL watch list.ProtectionThe UAE government made sustained, yet uneven, progress inprotecting victims of trafficking during the reporting period.Although it continued to provide services to victims of sextrafficking, it demonstrated no efforts to improve care forvictims of forced labor. The government continues to fundshelters for female and child victims of trafficking and abusein Abu Dhabi, Dubai, Ras al Khaimah, and Sharjah. Thesefacilities provide medical, psychological, legal, educational,and vocational assistance to victims of trafficking. While thegovernment does not provide shelter services for male victimsof trafficking, in 2011, the Ministry of Labor in Dubai providedalternative options for some laborers who were abandonedby their employers, including repatriation, filing a grievanceagainst the employer, or locating a new employer. In the firsthalf of 2011, the Dubai shelter assisted 19 victims of traffickingand the Abu Dhabi shelter assisted 29 women and childrentrafficking victims, which is a significant decrease from the49 and 71 victims the shelters assisted in 2010. The Ras AlKhaimah and Sharjah shelters assisted 15 and 14 victims,respectively, in 2011. Two victims referred to shelter servicesin 2011 were UAE nationals who were forced into prostitutionby family members. Once identified, victims reportedly werenot punished for unlawful acts committed as a direct resultof being trafficked, such as prostitution offenses. Authoritiesreport that government officials, including the police, as wellas houses of worship and community centers, refer victims toshelters. The government reportedly identified and referred32 sex trafficking victims to care facilities in the first ninemonths of 2011. The government continued to implementaggressively its anti-trafficking awareness campaigns, and theMOI implemented new victim identification procedures during2011. Police stations designated personnel and implementedstandard operating procedures to identify victims of bothsex and labor trafficking; however, some victims may haveremained unidentified due to capacity issues. As a result,some victims of sex trafficking, who the government did notidentify, may have been penalized through incarceration, fines,or deportation for unlawful acts committed as a direct resultof being trafficked. To attempt to remedy this problem, thegovernment reportedly has a referral process to improve theidentification of trafficking victims in detention or prison andrefer them to a local shelter; NGOs report the referral systemworks well in practice. Moreover, in January 2012, shelterrepresentatives reported that the MOI implemented a systemto place suspected trafficking victims in a transitional facility,instead of a detention center, until victim identification iscompleted.The government encouraged identified victims of sextrafficking to assist in the investigation and prosecution oftraffickers by providing victims with housing and sometimesemployment. Nonetheless, the UAE continues to fail torecognize forced labor victims, particularly if they are overthe age of 18 and entered the country voluntarily. While theUAE government exempts victims of trafficking from payingfines accrued for overstaying their visas, the governmentdid not offer victims of labor trafficking – likely the mostprevalent form of trafficking in the UAE – shelter, counseling,or immigration relief. Domestic workers who fled from theiremployers often accessed limited assistance at their embassies,but largely were presumed to be violators of the law by UAEauthorities. The UAE government did not actively encouragevictims of labor trafficking to participate in investigations orprosecutions, and it did not initiate proactive investigationsof forced labor offenses committed against these victims. Inaddition, although training for law enforcement officialsincluded training on victim identification, the governmentdoes not have formal procedures for proactively identifyingvictims of trafficking among high risk persons with whomthey come in contact. As a result, victims of forced labor mayhave been punished for unlawful acts committed as a directresult of being trafficked, such as immigration violations. Thegovernment did not provide long-term legal alternatives tothe removal of foreign trafficking victims to countries wherethey faced retribution or hardship.PreventionThe UAE government continued to make anti-traffickingprevention efforts a priority during the reporting period.The government and Dubai police conducted anti-trafficking information and education campaigns withinthe UAE and with source country embassies, and expanded
25. 357an advertisement campaign, which was implemented in2010 in the Abu Dhabi and Al Ain international airports, toadditional international airports throughout the country.The government also restricted the issuance of tourist visasto certain vulnerable populations that had been subject tosex trafficking. The UAE’s Cabinet of Ministers approved adraft law in January 2012 protecting the rights of domesticworkers, which awaited presidential approval and subsequentimplementation at the end of the reporting period. The NCCHTre-launched its website to raise awareness of trafficking andestablished a toll-free hotline to report labor abuses. The MOIalso conducted lectures on forced labor issues, which reachednearly 52,000 foreign workers in companies and institutionsacross the country. The government was transparent about itsanti-trafficking efforts, as it continued to publish an annualpublic report on its anti-trafficking measures. In April 2012,the government also invited the UN Special Rapporteur onTrafficking in Persons to conduct an assessment on traffickingin the UAE and provide recommendations to increasegovernment awareness and strengthen efforts to combattrafficking. Government authorities produced and translatedinto source country languages pamphlets on workers’ rightsand resources for assistance for distribution to migrant workers.In addition, the Dubai Police’s Human Trafficking CrimesControl Center reported it conducted 1,648 inspections oflabor camps in 2011 and received 668 complaints to its laborhotline; however, none of the cases received by the hotlinewere deemed labor trafficking. Additionally, the governmentsustained its Wage Protection System (WPS), an electronicsalary monitoring system intended to ensure workers receivetheir salaries. Monitored by the Ministry of Labor, the WPShas penalized over 600 employers who have failed to registertheir wage payments. Approximately 2.85 million workers and205,000 of the 250,000 registered companies have enrolledin the WPS since its launch in 2009. In 2011, the UAE alsoimplemented a system to verify contracts with some laborsource countries to protect workers from contract substitutionand other fraudulent activities. The government, however, didnot take any measures to reduce the demand for commercialsex acts in the UAE or child sex tourism by UAE nationals.UNITED KINGDOM (Tier 1)The United Kingdom (UK) is a destination country for men,women, and children primarily from Africa, Asia, and EasternEurope who are subjected to sex trafficking and forced labor,including domestic servitude. Authorities reported that victimscontinued to be forced to commit benefit fraud and other formsof coerced criminality. Unaccompanied migrant children inthe UK represent an especially vulnerable group for trafficking.Some UK children are subjected to sex trafficking within thecountry. Migrant workers in the UK are subjected to forcedlabor in agriculture, construction, food processing, domesticservice, nail salons, and food services. According to a 2011report issued by an NGO that assists migrant domestic workers,domestic workers in diplomatic households were vulnerable totrafficking and abuse, including acts of violence and coercion.However, during the reporting period, it was not clear whatactions, if any, the government took to address the treatmentof domestic workers employed by foreign diplomats postedin the UK. Children and male adults, mostly from Vietnamand China, continued to be forced and coerced to work oncannabis farms; however, according to a 2011 UK police report,the number of cases involving Vietnamese children decreasedslightly from the last reporting period, likely as a result oftougher law enforcement targeting these farms. Accordingto UK officials, Nigeria, China and Vietnam continued to bethe top three source countries for trafficking victims foundin the UK; however, authorities identified trafficking victimsfrom over 36 countries in 2011. UK men were subjected toforced labor within the UK and in other countries in Europeduring the year. During the year, Scottish police reported anincrease in unaccompanied and trafficked children arrivingfrom Afghanistan and Iraq. Experts report trafficking increasedin Northern Ireland during the reporting period; traffickingvictims are often moved by traffickers between Ireland andNorthern Ireland.The Government of the United Kingdom fully complies withthe minimum standards for the elimination of trafficking. TheGovernment of the United Kingdom continued to investigateand prosecute trafficking offenders. The transparent nature ofthe UK government and the significant level of informationavailable allowed NGOs and the government to makecomprehensive, candid assessments of the UK’s anti-traffickingefforts during the year. The majority of prosecutions andconvictions for trafficking offenders continued to take placein England; however, authorities in Scotland and NorthernIreland secured their first convictions for human traffickingin 2011. The national government continued to vigorouslyprosecute trafficking offenders, and authorities increasedimplementation of the 2009 anti-slavery law and prosecution offorced labor offenses. The UK government began implementinga new anti-trafficking strategy and continued to implementits National Referral Mechanism (NRM) to identify and refervictims for care. Anti-trafficking experts, however, continued toreport inadequate protections for child trafficking victims. Theyalso reported serious concerns that trafficking victims wereinadvertently deported, or otherwise penalized as offendersduring the year. Late in the reporting period, the governmentamended its regulations to prohibit all migrant workers in theUK from changing employers.UNITED KINGDOM TIER RANKING BY YEAR2005 2006 2007 2008 2009 2010 2011 2012Recommendations for the United Kingdom: Ensure thattrafficking victims, including children coerced into criminalactivity, are not penalized for acts committed as a result oftheir trafficking; ensure that law enforcement priorities tocombat organized crime are effectively balanced with a victim-centered response to protect trafficking victims; conduct anassessment to determine why more non-EU trafficking victimsare not officially recognized as trafficking victims despite thesignificant number of potential non-EU trafficking victimsreferred via the NRM; consider requiring incoming domesticworkers, including those employed by foreign diplomats, tobe interviewed in private to ensure they are familiar withtheir rights and protections in the UK; continue to train lawenforcement and the legal community in the UK on theslavery-based approach of the 2009 Act, which explicitlycriminalizes slavery and forced labor without the preconditionof smuggling; establish a system of guardianship for childrenwho are extremely vulnerable to trafficking; share technicalUNITEDKINGDOM
26. 358UNITEDKINGDOMexpertise and training to raise awareness and improve thelaw enforcement and victim protection response in UK overseasterritories; and appoint a rapporteur or similar mechanismin each region to make self-critical assessments and improvethe UK’s anti-trafficking results.ProsecutionThe Government of the United Kingdom continued toinvestigate and prosecute trafficking offenders; during theyear it began implementation of its slavery statute to investigateand prosecute forced labor crimes. The UK prohibits all formsof trafficking through its 2009 Coroners and Justice Act, 2003Sexual Offenses Act, and its 2004 Asylum and ImmigrationAct, which prescribe penalties of a maximum of 10, 14, and14 years’ imprisonment, respectively. The sentence for sextrafficking is commensurate with that available for otherserious crimes. The 2009 Coroners and Justice Act explicitlycriminalizes slavery without a precondition of smuggling intothe UK. Human trafficking offenses in England, Wales andNorthern Ireland are governed by the 2003 Sexual OffensesAct, the 2004 Asylum and Immigration Act and the 2009Coroners and Justice Act. The UK Home Office leads theanti-trafficking response in England and Wales, in NorthernIreland the Northern Ireland Department of Justice leads, andin Scotland trafficking issues are handled by the Scottish police.The national government increased implementation of its 2009anti-slavery law during the year, but has not yet convicted atrafficking offender using this law. According to the CrownProsecution Service, between April and December 2011, theBritish government prosecuted 87 offenses of trafficking forsexual exploitation. There were 29 offenses of labor traffickingor other forms of exploitation, prosecuted under the Asylumand Immigration Act; and 11 offenses for slavery and servitudeprosecuted under the Coroners and Justice Act. The governmentdid not provide comprehensive sentencing data for convictedtrafficking offenders in 2011; however, the governmentreported the average penalty for convicted trafficking offendersin 2011 was 27.2 months’ imprisonment, and the averagesentence for non-sex trafficking sentences was 55.2 months.Scotland’s human trafficking offenses are prosecuted under theCriminal Justice (Scotland) Act of 2003, the equivalent of theUK’s Sexual Offenses Act. The provisions of the UK’s Asylumand Immigration Act 2004 extend to Scotland, as well as theCoroners and Justice Act, the UK’s slavery amendment. Duringthe year, an official inquiry into human trafficking in Scotlandmade ten recommendations to improve Scotland’s responseto trafficking, including that a comprehensive traffickinglaw in Scotland harmonize its laws and overall strategy withthe rest of the UK. In October 2011, Scotland achieved itsfirst trafficking conviction and sentenced two sex traffickingoffenders to three years and four months, and another to 18months’ imprisonment. The offenders reportedly coerced 14women into forced prostitution through threats of violencein brothels around Scotland and Northern Ireland. Scottishauthorities reported other trafficking offenders are convictedunder other laws, but did not provide further details onthese cases. During the year, country experts noted lenientsentences for trafficking offenses in the UK, in fact, courts inEngland handed down some significant penalties for traffickingoffenders. In March 2012, a court in Birmingham sentencedtwo trafficking offenders to nine and ten and a half years’imprisonment for subjecting Romanian women to forcedprostitution. In October 2011, a British court convicted andsentenced a Bulgarian man to six years for forced prostitution.In another case in March 2012, a court in England convicteda Romanian couple of subjecting a seven-year old Romaniangirl to domestic servitude. The man was sentenced to nineand a half years in prison; the woman was sentenced to nineyears. In September 2011, British authorities arrested andcharged five suspects and initiated prosecution under Section71 of the Coroners and Justice Act, which criminalizes slavery.In addition to men from the UK, the traffickers subjected 24men from Romania, Russia, Poland, Latvia, and Lithuaniato forced labor at a Travellers’ camp in Bedfordshire. In July2011, the Crown Prosecution Service issued amended legalguidance to prosecutors instructing them not to prosecutetrafficking victims for any crimes committed as a direct resultof their trafficking. During the year, however, a court ofappeals affirmed a conviction of an alleged trafficking victimfor crimes he committed as a result of his trafficking. In thiscase, the court affirmed the conviction of a Vietnamese boyfor cannabis cultivation, despite disclosing details of coercion,including threats to his life, after he voluntarily consented tobe smuggled into the UK. Despite expert evidence presentedduring court proceedings, including the cannabis factorybeing locked from the outside, the court found his subsequentexploitation did not amount to forced labor.ProtectionThe UK government continued to implement its NRM inidentifying and referring to care a significant number oftrafficking victims in 2011; however, anti-trafficking expertscited ongoing concerns regarding implementation of thismechanism, resulting in unidentified and identified victimsbeing detained, punished, or deported. Furthermore, localexperts continued to report an inadequate level of protectionfor child trafficking victims; a number of rescued childrenplaced in the care of local authorities continued to go missing.The government reported that it proactively identified andreferred 294 potential trafficking victims from July throughSeptember 2011 through its NRM, which included a 45-dayreflection period in 2011. During the reporting period, however,local victim protection experts continued to report flaws inthe identification system in the UK. These experts reportthat their limited role in formal victim identification leadsto trafficking victims not being recognized as such and thuscriminalized or deported without access to assistance. NGOscriticized a narrow focus of the NRM on victims’ immigrationstatus, reporting that as a result, EU nationals were more likelyto receive a “positive grounds conclusion” or otherwise beofficially recognized as trafficking victims by UK authorities.According to official data, the most common countries oforigin for the 294 NRM referrals included Nigeria, Vietnam,the UK, Slovakia, China, and Uganda. As of January 2012, 40percent, or 117 of the 294 people referred to the NRM, werefound to have been trafficked. The most common countriesof origin for persons so identified were the UK, Slovakia,Romania and Lithuania. Moreover, NGOs continued to reportthat UK authorities focused on the credibility of a potentialvictim too early in the identification process, noting thatmost victims who have only recently escaped control oftheir traffickers do not always reveal the truth about theirexperiences when first questioned; this continued to resultin victims’ detention and imprisonment, including forcedrepatriations of trafficking victims, putting them at great riskof hardship or retribution upon their return. Anti-traffickingexperts continued to report that many other victims were notreferred through the NRM, as victims do not see the benefitsof referral, are afraid of retribution by their traffickers, or are
27. 359fearful of the consequences of being brought to the attentionof authorities because of their immigration status. Duringthe year, the Scottish authorities provided the equivalent of$1,182,456 to two NGOs to provide comprehensive services totrafficking victims identified in Scotland. Scottish authoritiesidentified 94 potential trafficking victims; 55 of which receiveda “positive conclusive decision.” According to the NorthernIreland Department of Justice (DOJNI), police identified 50potential trafficking victims between January and December2011. DOJNI referred victims into the asylum system andalso referred some victims to NGOs for specialized careand assistance. It provided funding to two NGOs to provideassistance to victims in 2011.According to an NGO that has assisted victims of domesticservitude in the residences of diplomats from Africa and theMiddle East, UK immigration law does not allow diplomaticdomestic workers to change their employer in the UK. During2011, NGO service providers asked the government to applythe private household domestic worker visa holder regime,which allowed change of employer, to domestic workers indiplomatic households to reduce their dependency on oneemployer and prevent domestic servitude. Instead, in April2012, the Home Office announced new rules for all migrantdomestic workers in the UK, which now denies all workersthe possibility of changing employers. Anti-trafficking expertsstrongly criticized this move.The UK government established a new model of victim careunder the anti-trafficking strategy it adopted in 2011. Itprovided approximately the equivalent of $3.14 million to acentral government contractor to coordinate provision of carefor victims in 2011, an increase in comparison to the $1.45million previously provided on an annual basis to specialistNGO care providers. Police referred trafficking victims tothe central government contractor for care in 2011. SpecialistNGO providers reported that the new general contract did notproactively identify victims, but only accepted referrals madeby police. Civil society organizations reported the supportmodel is time-bound and victims receive support for only 45days. Local experts continue to note serious concerns abouttrafficking victims being criminalized and punished for crimescommitted because of coercion. NGO and government reportspublished during the year noted that trafficked children in theprostitution sector, cannabis cultivation, or who commit pettycrimes are often subjected to criminal proceedings instead ofrecovery and care. Specifically, a 2011 ECPAT Report notedthat trafficked children who are forced to cultivate cannabisare not recognized as victims of a crime but are treated ascriminals, often prosecuted for drug or immigration offenses.The government encouraged victims to assist in traffickinginvestigations and prosecutions by offering renewable one-yearresidence permits to foreign victims who decide to cooperatewith law enforcement; it reported granting 48 traffickingvictims such permits between April 2009 and March 2011. Inthat same time period, 162 trafficking victims were grantedone-year residency permits due to personal circumstances,including humanitarian protection and discretionary leave.The UK government continued to provide foreign victimswith legal alternatives to their removal to countries wherethey face hardship or retribution through asylum procedures.PreventionIn July 2011, the UK government adopted a new governmentstrategy on trafficking. Some anti-trafficking experts in theUK criticized the strategy for its emphasis on border control.The United Kingdom Human Trafficking Center, under thedirection of the Serious Organized Crime Agency, continued toserve as a multi-agency, centralized point for the developmentof expertise among governmental, inter-governmental, andnon-governmental stakeholders involved in anti-trafficking.Official training programs included mandatory sessionson human trafficking for new police officers. In April 2011,authorities in Northern Ireland completed a three-monthBlue Blindfold campaign that targeted approximately 500,000residents to raise their awareness of trafficking. The governmentprovided anti-trafficking training to UK troops prior to theirdeployment abroad as part of international peacekeepingmissions in 2011.Overseas Territories of theUnited KingdomTurks and CaicosTurks and Caicos Islands (TCI) reportedly was a destinationcountry for sex trafficking and forced labor. The largepopulation of migrants from Haiti, the Dominican Republicand Jamaica are the most vulnerable to sex trafficking andforced labor, and the estimated 2,000 stateless children andadolescents in TCI are especially at risk, according to localexperts. Local stakeholders, including law enforcementofficials, reported specific knowledge of sex traffickingoccurring in bars and brothels during the reporting periodand noted that trafficking-related complicity by some localgovernment officials was a problem. During the previousreporting period, the TCI government initiated anti-traffickinglegislation that included measures to improve identification ofand assistance for trafficking victims. The absence of specificlegislation prohibiting trafficking as defined by the 2000 UNTIP Protocol, the absence of trafficking victim protectionprocedures and policies, and little public awareness abouthuman trafficking were obstacles to progress during thereporting period, according to local stakeholders and experts.BermudaMigrant workers are employed in Bermuda under a strict systemof government work permits obtained by employers on behalfof the foreign workers. There were some reported cases ofemployers confiscating passports and threatening complainingmigrant workers with having to repay the entire cost or thereturn portion of their airline tickets. Bermuda authoritiesand NGOs reported victims rarely lodge formal complaintsout of fear of deportation. The Bermuda Industrial Union in2009 began offering union protection to some migrant workers.There was one trafficking victim from Bermuda identified inthe United States during the reporting period.UNITED STATES OF AMERICA(Tier 1)The United States is a source, transit, and destination countryfor men, women, and children – both U.S. citizens andforeign nationals – subjected to forced labor, debt bondage,involuntary servitude, and sex trafficking. Trafficking inpersons can occur in many licit and illicit industries or markets,including in brothels, massage parlors, street prostitution,UNITEDSTATESOFAMERICA
28. 360UNITEDSTATESOFAMERICAhotel services, hospitality, agriculture, manufacturing,janitorial services, construction, health and elder care, anddomestic service, among others. Individuals who enter theUnited States without legal status have been identified astrafficking victims, as have persons identified in visa programsfor temporary workers that fill labor needs in many of theindustries described above. There have also been allegationsof visa holders employed as domestic workers being subjectedto forced labor by personnel of foreign diplomatic missionsand international organizations posted to the United States.Abuse of third-country nationals (TCNs) providing servicesfor overseas government contracts has been reported in themedia and was a focus of congressional hearings during thereporting period. During the same period, federal and statehuman trafficking data indicate more investigations andprosecutions have taken place for sex trafficking than labortrafficking; however, victim service providers reported assistingsignificantly higher numbers of foreign national victimsin cases of labor trafficking than in cases of sex trafficking.NGOs noted increasing reports of children recruited intocriminal activity, particularly at the U.S.-Mexico border, aswell as traveling sales crews and peddling rings utilizingthe forced labor of children and adults. The top countriesof origin for foreign victims in fiscal year (FY) 2011 wereMexico, Philippines, Thailand, Guatemala, Honduras, andIndia. A sex trafficking victim from the United States wasidentified in Croatia.The U.S. government fully complies with the minimumstandards for the elimination of trafficking. Federal lawenforcement prosecuted cases resulting in convictions ofsex and labor trafficking offenders; demonstrated increasedlegal sophistication in the investigation, prosecution, andconviction of traffickers; and strengthened federal coordinationefforts to improve identification of cases at the federal level.Despite decreased funding levels in FY 2011, the federalgovernment continued to provide multi-faceted support forvictim services. Greater numbers of trafficking victims andtheir immediate family members obtained immigration reliefthrough T nonimmigrant status (the T visa), which can leadto lawful permanent residence and an opportunity to applyfor citizenship after five years as a lawful permanent resident.The federal government also continued to address weaknessesin overseas procurement policies and in specific visa programsand continued its public awareness campaigns. Despite thissignificant progress, the federal government was not ableto integrate all federal data on federally-prosecuted humantrafficking cases or to disaggregate fully victim identificationdata, in part because numerous agencies, initiatives, andprograms each serve distinct roles in a multifaceted anti-trafficking effort. Further, federal and state worksite inspectorslacked sufficient resources and training to increase victimidentification appreciably, and NGOs reported that victimfunding levels were inadequate to provide comprehensive long-term victim care and key legal services. The U.S. governmentannually reports on its activities to combat human traffickingin a report compiled and published by the Department ofJustice (DOJ), which includes detailed information on fundingand recommendations for improved performance; in addition,it electronically published a list of its accomplishments incombating human trafficking, organized by agency and bystrategic objective.T T T T BRecommendations for the United States: Improve datacollection on and analysis of human trafficking cases at thefederal, state, and local levels; increase federal resourcesdedicated to investigating and prosecuting traffickingoffenders; increase outreach to and training of federal, state,and local law enforcement, including training on the provisionof Continued Presence (CP) and of law enforcementcertification for T and U visas for trafficking victims; fosterfederal partnerships with law enforcement agencies toencourage training, referral protocols, and dedicated andincentivized personnel at the state, local, tribal, and territoriallevels; strengthen implementation of and increase resourcesrelated to government-wide enforcement of the “zero tolerance”policy in federal contracts, including mandatory training forthe federal acquisition workforce and federal inspectors; fosternew partnerships with survivor groups, victim advocates, andthe private sector; institute universal training on the detectionof human trafficking for all relevant Department of Labor(DOL) investigators; increase victim identification trainingfor immigration detention and removal officers and systematizescreenings for trafficked persons in all immigration detentioncenters; increase funding for victim services, including legalservices and long-term holistic care; offer comprehensivevictim services to all identified, eligible victims, includingU.S. citizens, and provide services regardless of type ofimmigration relief sought, if any; develop consistent andstandardized procedures for consular processing of T visas(for family members) and U visas and ensure appropriatetraining for consular officers to reduce vulnerabilities in Tand U visa programs; reduce vulnerabilities in temporary visaprograms, including student visa and nonimmigrant temporaryworker visa programs; conduct annual briefings for domesticworkers of foreign diplomats to ensure that they are aware oftheir rights; increase cooperation between the private andpublic sectors to encourage business practices that rid supplychains of human trafficking; continue to increase theincorporation of anti-trafficking efforts into existinggovernment structures; expand anti-trafficking outreach,services, and training in the insular areas and tribalcommunities; and undertake efforts to provide universaltraining to federal employees about trafficking in personsand the procurement of commercial sex, the demand forwhich can contribute to the incidence of sex trafficking.ProsecutionThe U.S. government demonstrated progress in its federal anti-trafficking law enforcement efforts throughout the reportingperiod. U.S. law prohibits peonage, involuntary servitude,forced labor, and sex trafficking, as well as confiscation ordestruction of documents, such as passports, in connectionwith trafficking. The Trafficking Victims Protection Act of 2000(TVPA) and subsequent reauthorizations have refined the U.S.government’s response to trafficking. U.S. criminal law alsoprohibits conspiracy and attempts to violate these provisions,as well as obstructing enforcement of these provisions. Sex
29. 361trafficking prosecutions involving minors do not require ademonstration of the use of force, fraud, or coercion.Penalties prescribed under these statutes are sufficientlystringent and commensurate with penalties prescribed underU.S. law for other serious offenses. Penalties range fromfive to 20 years’ imprisonment for peonage, involuntaryservitude, forced labor, and domestic servitude. Penaltiesfor sex trafficking range up to life imprisonment withmandatory minimum sentences of 10 years’ imprisonmentfor sex trafficking of minors and 15 years’ imprisonment forsex trafficking by force, fraud, or coercion, or sex traffickingof minors under age 14. In January 2012, the Departmentof the Treasury issued Internal Revenue Service guidancemaking mandatory restitution payments non-taxable whenmade pursuant to the TVPA to compensate trafficking victims.By the end of the reporting period, all states but Wyominghad enacted anti-trafficking statutes. All 50 states prohibitthe prostitution of minors under state and local laws thatpredate the TVPA.Federal trafficking offenses are investigated by federal lawenforcementagenciessuchastheFederalBureauofInvestigation(FBI), U.S. Immigration and Customs Enforcement (ICE)Homeland Security Investigations (HSI), DOL’s Office ofthe Inspector General, as well as the Department of State’s(DOS) Diplomatic Security Service (DSS) Human TraffickingUnit, which was fully staffed September 2011. Traffickingoffenses were prosecuted by DOJ, which maintains 94 federalprosecution offices and two specialized units – the HumanTrafficking Prosecution Unit (HTPU) and the Child Obscenityand Exploitation Section. The HTPU was not fully staffedduring the reporting period.The federal government tracks its activities by fiscal year,which runs from October 1 through September 30. During FY2011, 40 DOJ-led task forces reported over 900 investigationsthat involved more than 1,350 suspects. ICE HSI reportedinvestigating 722 cases possibly involving human trafficking.At the end of FY 2011, the FBI had 337 pending humantrafficking investigations with suspected adult and foreignminor victims. In FY 2011, DOJ charged 42 cases involvingforced labor and sex trafficking of adults by force, fraud, orcoercion. Of these, half involved primarily sex trafficking andhalf involved primarily labor trafficking, although severalinvolved both sex and labor trafficking. Including federalcases involving sex trafficking of minors, DOJ prosecuted atotal of 125 human trafficking cases in FY 2011. A total of 118defendants were charged in FY 2011 in forced labor and adultsex trafficking cases, representing a 19 percent increase overthe number of defendants charged in such cases the previousyear and the highest number ever charged in a single year.During the same period, DOJ secured 70 convictions in forcedlabor and adult sex trafficking cases. Of these cases, 35 werepredominantly sex trafficking and 35 were predominantlylabor trafficking, although multiple cases involved both. Thecombined number of federal trafficking convictions totaled151, including cases involving forced labor, sex trafficking ofadults, and sex trafficking of minors, compared to 141 suchconvictions obtained in 2010. These numbers do not reflectDOJ prosecutions of cases involving the commercial sexualexploitation of children that were brought under statutesother than the TVPA’s sex trafficking provision. According toDOJ’s Bureau of Justice Statistics, the average prison sentenceimposed for federal trafficking crimes during FY 2011 was11.8 years, and terms imposed ranged from 10 months’ to50 years’ imprisonment. During the reporting period, federalprosecutors secured life sentences against sex traffickers inseveral cases.Notable prosecutions included those of sex and labor traffickerswho used threats of deportation, violence, and sexual abuseto compel young, undocumented Central American womenand girls into hostess jobs and forced prostitution in bars andnightclubs on Long Island, New York. Based on a bilateralprosecution brought by U.S. and Mexican authorities against atransnational sex trafficking ring, Mexican authorities securedsentences of up to 37 years’ imprisonment against threetraffickers. DOJ also secured the conviction of a sex traffickerin Dallas, Texas who targeted young, U.S. citizen singlemothers from troubled backgrounds for forced prostitution;the conviction of an MS-13 gang member who forced a 12-year-old victim into prostitution in Virginia; and the convictionof a defendant in Chicago who used beatings, threats, andsexual assault to force Eastern European victims to work inmassage parlors and prostitution.Traffickers were also prosecuted under a myriad of statelaws, but comprehensive data is not currently collected onstate prosecutions and convictions. Reports indicated at leastseveral dozen prosecutions at the state level involving forcedprostitution, including the prostitution of minors, domesticservitude, commercial sexual exploitation of youth – includinglesbian, gay, bisexual, and transgender (LGBT) youth – andexploitation of individuals with mental illness for forced labor.Although state prosecutions continued to increase, protocols,policies, and training for relevant law enforcement officialsand assigned dedicated personnel within state prosecutors’offices were slow to be put in place. Existing state traffickingin persons laws continued to be under-utilized due to resourceconstraints, inconsistent understanding of the nature of thecrime, and greater familiarity with prosecuting other relatedcrimes.During the reporting period, the FBI continued developmentof technology to incorporate human trafficking offenses in theannual statistics collected from police forces nationwide. FBIalso conducted training to ensure that such data is collectedand reported beginning in 2013.During the reporting period, DOJ, in cooperation with DHSand DOL, launched six Anti-Trafficking Coordination Teams(ACTeams) in select pilot districts around the country. TheACTeams streamline coordination among federal prosecutorsand federal agents and enhance federal interagencyinvestigations and prosecutions. DOJ also continued to fund40 anti-trafficking task forces nationwide, comprising federal,state, and local law enforcement investigators and prosecutors,labor enforcement officials, and victim service providers; by theend of FY 2011, the number of task forces had been reduced to29, as funding for several task forces expired. Six of the 40 taskforces were Enhanced Collaboration Model Task Forces, whichaim to enhance the cooperation of law enforcement agenciesand victim service organizations that have demonstrated amultidisciplinary, comprehensive approach to combatingall forms of trafficking, regardless of whether victims werecitizens or noncitizens, adults or children. DSS’s HumanTrafficking Unit participated in anti-trafficking training, taskforces, and investigations.UNITEDSTATESOFAMERICA
30. 362UNITEDSTATESOFAMERICAAvailable data from state and local law enforcement agenciesinvolved in human trafficking task forces indicate that, onthe state and local levels, sex trafficking investigations andprosecutions outnumber labor trafficking. During FY 2011,the majority of victim service providers associated with thosetask forces were funded specifically to serve foreign nationalvictims of human trafficking. According to these serviceproviders, they served more victims of labor trafficking thansex trafficking. Other programs funded the provision ofservices to U.S. citizen victims. Of these victims served withfederal funding in 2011, most were victims of sex trafficking.There was one allegation of a local law enforcement officialbeing complicit in a sex trafficking case involving minorsduring the reporting period. The suspect was charged in federalcourt with obstruction of a trafficking investigation. Theprosecution was ongoing at the close of the reporting period.The U.S. government increased its law enforcement trainingefforts during the reporting period. In FY 2011, DOJ heldthree regional training forums across the United States tobring together active DOJ task forces with investigators andvictim service providers; its funded task forces providedapproximately 570 trainings and reached more than 27,000individuals. The FBI provided comprehensive anti-traffickingtraining to more than 760 new agents and support personnel,gave specialized training for agents assigned to FBI civil rightssquads in field offices, and also trained hundreds of stateand local law enforcement officers. The DHS Federal LawEnforcement Training Center trained over 2,000 state, local,and federal officers during FY 2011 in human traffickingindicators. DHS Customs and Border Protection offered basichuman trafficking training to its law enforcement personnel.ICE HSI provided advanced training to veteran special agentsand overview training to all agents attending the ICE trainingacademy. ICE HSI also trained or provided anti-traffickingmaterials to more than 47,000 individuals. U.S. Citizenshipand Immigration Services (USCIS) conducted numerousin-person and web-based trainings and presentations onhuman trafficking and on immigration benefits for victims.The Department of Defense (DOD) also provided mandatoryonline training to all its personnel.ProtectionThe U.S. government sustained its protection measures bycontinuing efforts to increase victim identification and serviceprovision to identified victims, although state and federalfunding for victim services decreased in this reporting period.The U.S. government has formal procedures to guide officialsin victim identification and referral to service providers, fundsan NGO-operated national hotline and referral service, andfunds NGOs that provide trafficking-specific victim services.The U.S. government supported foreign national andU.S. citizen victims during trafficking investigations andprosecutions by increasing the number of victim assistancecoordinators assigned to field offices to assist victimscooperating in trafficking investigations and prosecutions.It also provided funding to victim service providers to supporteligible victims during the criminal justice process; however, insome cases, funding was reportedly insufficient to cover victimneeds during the course of the investigation and prosecution.The TVPA authorizes DHS to provide two principal types ofimmigration relief to foreign trafficking victims: 1) the lawenforcement-sponsored Continued Presence, which allowstemporary immigration relief and work authorization wherefederal law enforcement states that an individual is a victimof a severe form of trafficking and a potential witness inan investigation or prosecution; and 2) the self-petitioningT nonimmigrant status (T visa), which allows for validimmigration status for up to four years for victims who arephysically present in the United States and who complywith any reasonable law enforcement requests for assistancewith an investigation or prosecution of a human traffickingcase. There is no requirement that victims testify in court. Atrauma exception exists that permits certain victims to beeligible for the T nonimmigrant status without meeting thelaw enforcement requirement, if they are unable to cooperatedue to physical or psychological trauma. Victims under the ageof 18 are not required to assist law enforcement. Victims mayalso include certain family members in their application forT nonimmigrant status; recipients and their family membersare authorized to work and are eligible for federal publicbenefits and services. After three years, or the completion ofthe investigation or prosecution, victims in T nonimmigrantstatus are eligible to apply for permanent resident status andlater may be subsequently eligible for citizenship.Another immigration benefit available is the self-petitioningU nonimmigrant status (U visa), which allows for legalimmigration status for up to four years for victims of certaincrimes, including trafficking, who have suffered substantialphysical or mental abuse as a result of such crimes and whocooperate or are willing to cooperate with reasonable lawenforcement requests in the investigation or prosecution of thequalifying criminal activity. The petition for U nonimmigrantstatus must be filed with and approved by DHS. Victims mayalso apply for U visas on behalf of certain family members. Uvisa holders and their family members are authorized to workand after three years are then eligible to apply for permanentresident status and later may subsequently be eligible forcitizenship. The number of U nonimmigrant visas grantedwhere human trafficking is the qualifying crime is not tracked.The number of foreign national trafficking victims thatreceived immigration relief related to trafficking increased inFY 2011, but NGOs continued to express concern that numbersremained low in proportion to the number of traffickingvictims identified in the United States. In FY 2011, CP wasissued to 283 potential victim-witnesses, an increase from 186in FY 2010. T nonimmigrant status was granted to 557 victimsand 722 immediate family members of victims, representinga significant increase from 447 and 349, respectively, in theprevious period.In 2011, the United States’ Return, Reintegration, and FamilyReunification program for victims of trafficking reunited 69family members with trafficked persons in the United States.Federally-funded victim assistance included case managementand referrals, medical care, dental care, mental health treatment,sustenance and shelter, translation and interpretation services,immigration and legal assistance, referrals to employmentand training services, and transportation assistance. WhenCP is granted or a potential victim has made a bona fideapplication for T nonimmigrant status, the Department ofHealth and Human Services (HHS) can issue a certificationletter that enables a foreign national victim to receive federalpublic benefits and services to the same extent as a refugee.In FY 2011, HHS issued 463 certifications to foreign national
31. 363adults and 101 eligibility letters to foreign national children,compared to 449 for adults and 92 for children in FY 2010.During FY 2011, HHS funds supported 122 NGO serviceproviders who provided trafficking victim assistance to 366potential foreign national victims and 341 certified foreignnational victims, of which 93 received both pre- and post-certification services. This represents a 30 percent decreasecompared with the total number served in FY 2010.HHS awarded $4.7 million in FY 2011 for case managementservices for foreign national victims to three NGOs for theprovision of services through a nationwide network of NGOsub-awardees and also completed funding a five-year victimservices contract, providing approximately $1.9 million toone NGO for the provision of services through a similarnationwide network of NGO sub-awardees.Under the HHS services program, there is a maximumreimbursement amount allowed per month for each victimfor the 12 months during which a victim can be assisted, withsome exceptions allowed. NGOs reported cases in which theyreached these funding limits and were no longer able to provideservices to victims waiting for their traffickers’ cases to cometo trial, and reported having to supplement government fundswith private donations to adequately support their effortson behalf of victims. NGOs also asserted that, in a numberof cases, HHS incorrectly denied minor trafficking victimsinterim benefits. During FY 2011, HHS received 134 requestsfor assistance, of which 29 requests for interim assistance weredenied and one such denial was appealed.During FY 2011, DOJ had active grants with 42 victim serviceorganizations across the United States. Data collected from theyear July 2010 to June 2011 indicated that grantees enrolled706 victims as new clients. In 2011, DOJ again funded a grantprogram that includes a focus on adult U.S. citizen victims,including Native Americans.In FY 2011, DOJ awarded grants to 17 victim serviceorganizations totaling approximately $6.7 million. Thisincluded victim services programs within six EnhancedCollaborative Model Task Forces. DOJ provided annual fundingto victim service organizations with a demonstrated history ofproviding trauma-informed, culturally competent services tomale and female victims of sex trafficking and labor trafficking.Federal funding streams and grants for victim servicesremained inadequately structured for providing comprehensivecare options for all types of trafficking victims, resulting indisparate treatment of victims, including turning away somevictims. Some victims were assisted with funding from bothDOJ and HHS, and current data collection systems do not allowfor cross-referencing to avoid duplication. NGOs reportedthe need for increased funding for legal services and notedconcern about HHS’s policy that HHS funds may not be usedto provide legal representation for victims or potential victimsof trafficking in immigration matters. In 2012, HHS changedits policy to allow for the provision of legal representationwithin the allocated funds. Legal services may be providedusing funds for victim service provision from DOJ. NGOsnoted that overall funding amounts for legal services arelimited and not sufficient.The federal government continued to provide victim protectiontraining to federal, state, and local law enforcement as wellas to NGO service providers. HHS staff conducted trainingsfor ICE and FBI agents and various state and regional NGOson victim identification. ICE HSI held a national training onvictim assistance to over 250 victim assistance specialistsand special agents with collateral duties for victim assistancefrom offices throughout the United States and U.S. insularareas. All USCIS asylum field offices conducted training onidentifying trafficking victims in the context of affirmativeasylum adjudications, which is required for all incomingasylum officers. DHS created a cross-component working groupto ensure that age-appropriate care and services are providedto unaccompanied alien children (UACs) encountered by DHSpersonnel. ICE Enforcement and Removal Operations (ERO)developed a new risk classification assessment system to trainICE ERO officers to conduct immigration intakes and screenall immigration detainees at initial intake for a number ofvulnerabilities, including human trafficking. The Departmentof Education (ED) consolidated and augmented its existingwork around child safety to build a more comprehensiveprogram to educate school districts, including a fact sheet,web page, webinars created in collaboration with other federalagencies, conference sessions, and training.In March 2011, DOJ conducted training on human traffickingto over 30 State Farmworker Monitor Advocates (SMAs), wherethey learned how and where to refer complaints filed bymigrants and seasonal farmworkers alleging human traffickingviolations.Victim protection frameworks and principles were not codifiedin most state laws. NGOs reported that service options variedwidely from state to state and region to region and that existingservices are often disproportionately available to women andchildren survivors of sex trafficking as opposed to all victimsirrespective of gender or what type of trafficking they suffered.NGOs noted further that state social services personnel lackedtraining and that state funds for shelter and supported housingfor all victims, but especially male victims, were insufficient.Federal, state, and local law enforcement agencies face ongoingchallenges in victim identification. The federal governmentconducted numerous trainings on victim identificationfor state and local law enforcement officials. Despite theseincreased trainings, laws, and regulations, NGOs noted thatsome federal, state, and local law enforcement officials werereluctant to identify individuals as trafficking victims whenthe have participated in criminal activity, facilitated theirown smuggling, and/or were subjected to debt bondage orpeonage by a smuggler.While federal, state, and local grant programs exist forvulnerable children and at-risk youth, including thosewho are on the streets, NGOs reported that identified childtrafficking victims faced difficulties accessing needed services.In particular, NGOs stated that minor victims are oftenreferred to shelters that are not fully equipped to addressall of the complex issues of trafficked youth including thepsychological effects of human trafficking. In an effort to fillthis gap, HHS conducted some training for providers of servicesto runaway and homeless youth. However, more trafficking-specific training to youth outreach and shelter programswould enable outreach workers to better identify and assistchild trafficking victims. DOJ continued grants for servicescoordination, technical assistance, and comprehensive servicesto U.S. citizen child victims of both sex and labor trafficking.Data collected from July 2010 to June 2011 indicated that 107citizen child victims received services through this program.UNITEDSTATESOFAMERICA
32. 364UNITEDSTATESOFAMERICAUACs who come to the attention of federal authorities areplaced in the care and custody of HHS, which screens suchchildren for trafficking victimization and, where appropriate,conducts an eligibility determination. HHS screened over7,500 UACs during FY 2011, of which 42 were believed tobe trafficking victims. If any UACs are found to be victimsof trafficking, they are eligible for federally funded long-term foster care through the same program that cares forunaccompanied refugee minors in the United States.The TVPA provides that victims should not be incarcerated,fined, or otherwise penalized for unlawful acts committed asa direct result of being trafficked. NGOs reported some casesof prosecutions of trafficking victims. In 2010, the most recentyear for which data are available, 112 males and 542 femalesunder 18 years of age – some of whom were likely traffickingvictims – were reported to the FBI as having been arrested forprostitution and commercialized vice, a decrease from 167males and 624 females in 2009. Jurisdictions continued toformulate responses to help decrease arrests of child victimsand increase understanding of trafficked persons as victims. ByDecember 2011, only eight states had passed laws that preventcharging children with prostitution, although under the TVPAminors induced to perform commercial sex acts regardless offorce, fraud, or coercion are considered victims of trafficking.PreventionThe U.S. government made progress on efforts to preventtrafficking, continuing efforts aimed at ensuring thatgovernment procurement of goods and labor services is freefrom forced labor, examining visa categories for vulnerabilities,and conducting public awareness activities. The cabinet-levelPresident’s Interagency Task Force to Monitor and CombatTrafficking in Persons continued coordination of federalefforts to combat trafficking in persons, supported by theSenior Policy Operating Group.DOL carries out civil law worksite enforcement and its fieldinvestigators are often the first government authorities to detectexploitative labor practices. DOL’s Wage and Hour Division(WHD) targets industries employing vulnerable workers,such as agriculture, garment, janitorial, restaurant, and hotel/motel. WHD does not collect enforcement data on traffickingin persons specifically. While DOL investigators assist lawenforcement partners in their human trafficking investigationsand coordinate with task forces, primarily helping to calculaterestitution amounts for victims, they are not mandated toinvestigate human trafficking. Systematic trafficking-specifictraining for DOL inspectors was not implemented during thereporting period; however, some inspectors participated ininteragency training. DOL focused on implementing tools tosharpen law enforcement efforts, which may include remediesfor trafficking victims, such as issuing protocols for WHDto support certification requests for U visa applicants andhiring U visa coordinators in each region. The U.S. EqualEmployment Opportunity Commission (EEOC), whichinvestigates discrimination charges against employers, filedthree lawsuits involving human trafficking issues in FY 2011.EEOC partnered with DOJ to strengthen cooperation withlaw enforcement and develop victim identification trainingfor EEOC attorneys and investigators.The U.S. government undertook multiple efforts to reduce thedemand for commercial sex and forced labor in the reportingperiod. DHS and DOS deployed an online, interactive trainingfor the entire federal acquisitions workforce on combatinghuman trafficking, as well as on factors contributing to humantrafficking, such as the demand for commercial sex. The U.S.Agency for International Development (USAID) adopted aCounter-Trafficking in Persons Code of Conduct that prohibitsall USAID personnel, contractors, and grantees during theperiod of performance of their employment, contracts, orawards from engaging in trafficking in persons, procuringcommercial sex acts, or using forced labor. USAID beganimplementing the code in July 2011 through agency-widecounter-trafficking training. USAID launched a new Counter-Trafficking in Persons Policy in February 2012 that outlinesconcrete, measurable principles, and objectives to focusUSAID’s anti-trafficking efforts. DOD dishonorably dischargedone service member for violating DOD’s prohibition relatingto the procurement of commercial sex. DOL published anupdated list of 130 goods from 71 countries that it had reasonto believe were produced by child labor or forced labor inviolation of international standards. DOL also updated a listof products produced, mined, or manufactured with forcedor indentured child labor, which requires any contractor tothe federal government who supplies products on the list tocertify they have made a “good faith effort” to determine thatthe products supplied were not made under these conditions.DHS continued to enforce the prohibition against importingsuch products under the relevant statute, the Smoot-HawleyTariff Act of 1930, and during the reporting period ICE HSIcontinued to actively investigate alleged violations. NGOs andresearchers reported the use of forced labor (including forcedchild labor) to make products, or components of products, thatcontinue to be imported to the United States for sale. Whilemany of these products are banned from U.S. commerce, U.S.law currently allows the importation of forced labor-producedproducts, such as cocoa, that are not produced domestically insufficient quantity to meet U.S. consumer demand. Througha grant from DOS, an NGO developed a web- and mobile-based application that helps users understand how their livesintersect with modern slavery by demonstrating how consumerdemand for cheap goods can drive markets for forced laborand calls on consumers to change their purchasing habits.Allegations against federal contractors engaged in commercialsex and labor exploitation continued to surface in the mediaand became an issue of congressional interest. NGOs assertedthe presence of trafficked individuals within the workforce ofprivate contractors in countries such as Iraq and Afghanistan.In FY 2011, DHS suspended, proposed debarment of, ordebarred five companies and eight individuals for involvementwith forced labor. The inspectors general at DOS, DOD, andUSAID continued their audits of federal contracts to monitorvulnerability to human trafficking and issued public reports oftheir findings and recommendations. DOD’s Inspector Generalnoted that DOD conducted at least two investigations intoallegations of forced labor, which remained ongoing at theclose of the reporting period. USAID continued its programto track contractor compliance proactively and ensure thatall of its grants and contracts contained clauses authorizingUSAID to terminate in the event its partners or their employeesengage in trafficking or forced labor. USAID’s Inspector Generalconducts routine audits and investigations and responds toall allegations of trafficking in persons abuse related to anyUSAID programs or activities. If trafficking violations havetaken place, it will send a referral for suspension or debarmentto the Compliance Division of the Office of Acquisition andAssistance. No USAID contracts or grants, however, weresuspended or terminated during FY 2011.
33. 365In February 2010, DOL issued regulations under the H-2Aprogram to enhance protections related to nonimmigranttemporary agricultural workers and U.S. workers who performthe same jobs. DOL’s and DHS’s H-2A regulations prohibitforeign recruiters from charging nonimmigrant temporaryagricultural workers certain fees. NGOs reported that somerecruiters adjusted their practices by charging fees related toworkers obtaining their visas, levying charges under the guiseof “service fees.” DOL’s WHD issued guidance under the H-2Aprogram in May 2011 clarifying fees that may not be chargedby employers or agents, and identifying those that may becharged by independent third-party facilitators.NGOs reported that workers fear seeking assistance becauseof blacklisting and other retaliation methods used againstworkers who complain about their working conditions. DOLregulations address these issues by imposing on employersan obligation not to retaliate against employees who havegrievances. Failure to comply with this obligation can resultin removal from program participation.NGOs noted vulnerabilities in the J-1 Summer Work Travelprogram that can be indicators for human trafficking,including reports of fraudulent job offers, inappropriate jobs,job cancellations on arrival, and housing and transportationproblems. In September 2011, the ninth and final defendant ina human trafficking ring accused of trafficking women throughthe J-1 program to work in exotic dance clubs pled guilty andawaited sentencing at the close of the reporting period. Inaddition, numerous media reports highlighted vulnerabilitiesthat are common indicators of human trafficking, includingthreats, intimidating practices, and irregular pay. In response,DOS undertook a process of fundamental reform of theprogram in 2011 that limited certain jobs, increased vettingof job offers and third parties, required implementingprogram sponsors to use extra caution when placing studentsin positions at employers in business that are frequentlyassociated with trafficking in persons, and strengthenedoversight and monitoring, thereby reducing participants’vulnerability to trafficking.The U.S. government continued prevention efforts withinits A-3 and G-5 visa categories, which allow persons to enterthe United States as domestic workers employed by foreigndiplomatic or consular personnel or by foreign employees ofinternational organizations (“foreign mission personnel”).DOS continued its work to help protect these workers,including by requiring that foreign missions “pre-notify”DOS that their personnel intend to hire a domestic workerbefore such workers apply for A-3 and G-5 visas. DOS tracksworkers’ registration upon their arrival in the United Statesand requires that their salary payments be made by check ormade directly into bank accounts that are set up in their ownname; cash payments are prohibited. During the reportingperiod, there were five allegations of various forms of abuseand domestic servitude, including civil lawsuits against, andcriminal investigations of, foreign mission personnel. DOSfollowed procedures to closely review and, where appropriate,to deny pre-notification approvals for A-3 and G-5 workers offoreign mission personnel in the United States against whomserious allegations of abuse had been lodged. Under U.S. law,a foreign mission will lose the ability to sponsor additionaldomestic workers if the secretary of state determines that thereis credible evidence that a domestic worker was abused byforeign mission personnel and that the mission tolerated theabuse; no suspensions occurred within the reporting period.A-3 and G-5 visa holders who filed civil lawsuits against theirformer employers were eligible for temporary immigrationrelief and work authorization.The U.S. government continued measures to inform andeducate the public, including potential victims, about thecauses and consequences of human trafficking. DHS, incollaboration with DOS, created an online, interactive generalawareness training on human trafficking, which is availableto the public. HHS funded 11 projects to conduct outreach,public awareness, and identification efforts. HHS continued tofund an NGO to operate a national human trafficking hotlinethat received over 16,000 phone calls in FY 2011, a 43 percentincrease from the previous fiscal year. U.S. embassies andconsulates worldwide continued distribution of a “know yourrights” pamphlet and verbal briefings for approved studentor work-based visa applicants.DHS continued international and domestic awarenesscampaigns, including through multilingual television andradio announcements, billboards, newspaper advertisements,online resources, victim assistance materials, and indicatorcards for law enforcement and first responders. DOD produceda new public service announcement on combating traffickingin persons that aired on the network for the U.S. armedservices. ED raised awareness of human trafficking and thecommercial sexual exploitation of children and providedtechnical assistance to interested schools.U.S. laws provide extraterritorial jurisdiction over child sextourism offenses perpetrated overseas by U.S. citizens. DHSmade three criminal arrests resulting in five indictments andeight convictions in child sex tourism cases in FY 2011. TheDOS Bureau of Consular Affairs Passport Services took actionduring the reporting period to preclude issuance of passportsin the case of two individuals who were convicted of child sextourism crimes that subjected them to passport restriction.U.S. Insular AreasThe U.S. insular areas consist of American Samoa, theCommonwealth of the Northern Mariana Islands (CNMI),Guam, the Commonwealth of Puerto Rico, and the U.S.Virgin Islands. Federal authority over these areas resides inthe Department of the Interior (DOI). The insular areas aresource, transit, and destination locations for men, women,and children subjected to forced labor, debt bondage, and sextrafficking. While the U.S. government has compacts of freeassociation with Palau, the Federated States of Micronesia, andthe Republic of the Marshall Islands, they are independent ofthe United States and thus discussed and ranked in separatenarratives.The territory of American Samoa is believed to be a transitand destination island for human trafficking. In FY 2011,there were no new reported human trafficking cases. Thelegislature in American Samoa did not pass a bill, introducedin October 2009, which would criminalize human traffickingas a felony offense.CNMI is a source, destination, and transit island for men,women, and children subjected to forced labor and sextrafficking. During the reporting period, the U.S. Attorney’sOffice charged two men with conspiracy to commit sextrafficking, and financially benefitting from a sex traffickingventure, involving Chinese women. In CNMI, DOI’s OfficeUNITEDSTATESOFAMERICA
34. 366URUGUAYof Insular Affairs – Federal Ombudsman’s office referredmatters it considers to constitute human trafficking to federalinvestigative agencies and the U.S. Attorney’s Office. The CNMIHuman Trafficking Intervention Coalition (HTIC), along withrepresentatives from Guam, sponsored a human traffickingregional training conference focused exclusively on humantrafficking that was the first of its kind in the CNMI. Since theregional conference, the U.S. Attorney’s Office has sponsoredadditional human trafficking and immigration-related trainingto community stakeholders. The first civil rights conference,which included human trafficking training, was also held inSeptember 2011.The territory of Guam is a source and destination locationfor men, women, and children subjected to forced labor andsex trafficking. During the reporting period, there were nonew reported human trafficking cases. With local and federalpartners, the U.S. Attorney’s Office held a two-day Pacificregional conference on trafficking in persons, which was thefirst of its kind. Since then, the U.S. Attorney’s Office hassponsored additional human trafficking and immigrationrelated training to community stakeholders. The first civilrights conference, which included human rights training, wasalso held in Guam. Sentencing and forfeiture proceedings arepending for a 69-year-old Guam bar owner who was convictedin the previous reporting period for conspiracy, sex trafficking,and coercion and enticement to travel for purposes relatedto prostitution, for a scheme to force young women and oneminor girl into prostitution at his bar.The Commonwealth of Puerto Rico is a source, transit, anddestination island for men, women, and children subjectedto forced labor and sex trafficking. In Puerto Rico, womenfrom the Dominican Republic are held in forced prostitution,particularly in the sex tourism industry, and in conditionsof domestic servitude. Puerto Rican girls are subjected tocommercial sexual exploitation. NGOs continued effortsto bring the issue to the attention of the legislature, lawenforcement, service providers, and the public at large. PuertoRico has no local anti-trafficking law, although an outstandingproposal to revise the penal code to include trafficking exists.In June 2011, federal law enforcement entities conducted aweek-long training for Puerto Rican law enforcement and theircounterparts from Mexico and Central America.The U.S. Virgin Islands is a transit island for human trafficking.Traffickers use the island as a transit point for migrants fromthe Caribbean, who are then taken to the United Statesfor commercial sexual exploitation. One case of Braziliannationals attempting to use the U.S. Virgin Islands as a transitpoint for smuggling women into the United States and thenforcing them into prostitution was stopped by U.S. authoritiesin June 2011.URUGUAY (Tier 2)Uruguay is a source country for women and children subjectedto sex trafficking and forced labor. Most victims are women andgirls exploited in sex trafficking within the country, particularlyin urban and tourist areas. Lured by fraudulent employmentoffers, some Uruguayan women are forced into prostitutionin Spain and Italy. Authorities uncovered a case of Uruguayanwomen and girls subjected to forced prostitution in Argentinaafter being recruited with false promises of a modeling career.There were isolated reports of foreign girls exploited in domesticservitude, and officials and civil society organizations notedthat foreign migrant workers in agriculture and domesticservice were vulnerable to labor exploitation. Authoritiescontinued to report that some cases of human trafficking werelinked to local and international crime rings that smugglenarcotics and other contraband.The Government of Uruguay does not fully comply withthe minimum standards for the elimination of trafficking;however, it is making significant efforts to do so. Duringthe reporting period, the government increased its efforts toprovide victim services in partnership with civil society, andinitiated its first prosecution under the 2008 anti-traffickingstatute. However, law enforcement efforts remained limited,authorities lacked formal procedures for identifying traffickingvictims, and specialized services and shelter were inadequate.Anti-trafficking efforts are almost exclusively focused on sextrafficking.U U UA TI A I B ARecommendations for Uruguay: Intensify efforts toinvestigate and prosecute all forms of trafficking and convictand sentence trafficking offenders; fund specialized servicesfor trafficking victims, particularly outside the capital; increasetraining for law enforcement officials, labor inspectors,prosecutors, judges, and social workers on how to identifyand assist victims of sex and labor trafficking; increaseresources for the organized crime court in Montevideo;establish a formal mechanism to identify trafficking victimsamong vulnerable populations, including people in prostitutionand migrant workers; implement a data collection system tomaintain official statistics on trafficking cases; considerenacting an action plan or protocol to enhance interagencycoordination; incorporate measures against forced labor intoguidelines governing the employment of foreign workers inUruguay; and raise awareness of all forms of trafficking,including forced labor and domestic servitude.ProsecutionThe Government of Uruguay maintained law enforcementefforts against sex trafficking offenders during the reportingperiod. Article 78 of the immigration law, enacted in 2008,prohibits all transnational forms of trafficking, prescribingpenalties of four to 16 years’ imprisonment; these penaltiesare increased if the victim is a child or if the trafficker usesviolence, intimidation, or deceit, and are sufficiently stringentand commensurate with punishments prescribed for otherserious crimes, such as rape. For forced labor offenses occurringwithin Uruguay’s border, authorities can use Article 280 of thepenal code, which prohibits “reducing a person to slavery”, andprescribes sentences between two and six years’ imprisonment;or Article 281, which prohibits “imprisonment for the purposesof profiting from the coercive use of the victim’s services,”and prescribes sentences of six to 12 years’ imprisonment.In the past, Uruguayan courts have convicted traffickingoffenders under statutes on sexual exploitation or pimping;however, these statutes prescribe lesser sentences and some
35. 367can be commuted to community service or fines. Two judgesin the specialized court on organized crime in Montevideohave jurisdiction over trafficking cases, as well as other casesinvolving sexual exploitation and organized crime. However,this court lacked sufficient human and material resources andfaced an enormous caseload, and there was no systematic datacollection on trafficking offenses. There was no specializedlaw enforcement unit dealing with human trafficking crimes,and local police lacked adequate training on how to identifyhuman trafficking cases, raising concerns that not all caseswere properly referred to the organized crime court.Uruguayan officials investigated at least three sex traffickingcases in 2011, and authorities identified 40 cases of childrenin prostitution during the year, but it is unclear how many ofthese cases were sex trafficking. Authorities initiated at leasttwo prosecutions during the reporting period, including thefirst prosecution using the 2008 trafficking-specific statute.Authorities achieved one conviction for sexual exploitationof a minor in a case where a mother prostituted her daughter;the mother received a sentence of five years’ imprisonment.In comparison, during the previous reporting period, theGovernment of Uruguay convicted one trafficking offenderand sentenced four offenders under statutes prohibiting thesexual exploitation of children. The government updatedtraining materials for identifying and assisting traffickingvictims for members of its diplomatic service, and partneredwith international organizations to train law enforcementofficials, although it did not provide specialized training onforced labor to its labor inspectors. Authorities conducteda cooperative investigation with Argentine officials duringthe year. The government did not report the investigation,prosecution, conviction, or sentencing of any public officialsfor trafficking-related offenses.ProtectionThe Uruguayan government continued to provide limitedprotection to trafficking victims, although few specializedservices were available, and international donors providedthe bulk of funding for these services. The government didnot develop or implement formal procedures for identifyingtrafficking victims among vulnerable populations, such asadults in prostitution or undocumented migrants. Uruguayanofficials did not maintain statistics regarding the number ofvictims identified or assisted. During the reporting period,the government’s National Institute for Adolescents andthe Women’s Institute in the Social Development Ministrypartnered with an NGO to provide services to sex traffickingvictims through a pilot program funded by a foreign donor;the government reportedly designated funding to maintainthis program once its foreign funding ends in August 2012.Through this program, one NGO provided psychologicalcare and assistance to 18 adult sex trafficking victims, someof whom were deported from European countries where theywere exploited. There are no specialized shelters for traffickingvictims in the country. Uruguayan authorities referred childvictims of trafficking to government shelters for at-risk youthfor care; however, these shelters were not always prepared toprovide specialized services needed for trafficking victims.The government operated general shelters accessible to adultfemale victims of abuse, including trafficking victims, andsought to provide them with legal, medical, and psychologicalcare, although it is unclear how many adult traffickingvictims, if any, received services at these shelters. Victimcare services were uneven outside the capital, and sheltersin the capital could not accommodate the demand. An NGOassisting trafficking victims housed victims in a variety ofspaces, as there was limited availability in these shelters.Government-operated shelters did not detain adult traffickingvictims involuntarily. There were no specialized services formale trafficking victims. The government failed to budgetadequate funding to fulfill victim assistance mandates, and,as a result, many victims relied on NGO and family support.The government encouraged, but did not require, victims toassist in the investigation and prosecution of their traffickers.During the year, there were no reports of identified traffickingvictims being jailed, deported, or otherwise penalized foracts committed as a direct result of being trafficked. Beyondaccess to general asylum, the government offered no specificlegal alternatives to trafficking victims’ removal to countrieswhere they face retribution or hardship.PreventionThe Uruguayan government sustained prevention effortsduring the reporting period; most of these efforts focusedon sex trafficking. The Ministry of Social Developmentcontinued to chair an interagency committee that coordinatedgovernment anti-trafficking efforts; it met on a monthly basisin 2011. This committee focused almost exclusively on sextrafficking of adult women, and it reportedly drafted a protocolto establish an interagency framework for action. Anothercommittee on the commercial and non-commercial sexualexploitation of minors met every other week. Authoritiesforged a partnership with an NGO to train 30 journalists onhuman trafficking, and the Ministry of Tourism continuedan awareness campaign at the airport and border controlstations on commercial sexual exploitation of girls. Therewere no known efforts to address the demand for forced labor.Authorities provided anti-trafficking training to Uruguayantroops prior to their deployment on international peacekeepingmissions during the year.UZBEKISTAN (Tier 2 Watch List)Uzbekistan is a source country for men, women, and childrensubjected to forced labor and women and children subjectedto sex trafficking. Domestic labor trafficking remains prevalentduring the annual cotton harvest, when many school-agechildren as young as 10 years old, college students, and adultsare victims of government-organized forced labor. There werereports that, during the cotton harvest, working conditionsincluded long hours, insufficient food and water, exposureto harmful pesticides, verbal abuse and inadequate shelter.The use of forced mobilization of adult laborers and childlaborers (over 15 years of age) during the cotton harvest washigher than in the previous years. A UNICEF pilot projectduring the reporting period reduced forced child labor in oneregion, including by ensuring that schools were kept open.Uzbek men and women who have emigrated in search of workare forced to labor in Kazakhstan, Russia, and – to a much lesserextent – Ukraine, in domestic servitude and agriculture and inthe construction and oil industries. Women and children aresubjected to sex trafficking, often through fraudulent offers ofemployment, in the United Arab Emirates, India, Kazakhstan,Russia, Turkey, Thailand, Malaysia, Republic of Korea, Japan,China, Indonesia, and also within Uzbekistan. In 2011, smallnumbers of victims from Uzbekistan were identified in theUZBEKISTAN
36. 368UZBEKISTANUnited States, Turkmenistan, Tajikistan, Belarus, and Georgia.Tajik and Kyrgyz victims were identified in Uzbekistan in thereporting period. In 2011, shelter administrators in Uzbekistannoticed an increase in the number of victims who were targeteddue to a mental handicap or learning disability.The Government of Uzbekistan does not fully comply withthe minimum standards for the elimination of trafficking. Thegovernment has not shown evidence of increasing efforts toaddress human trafficking over the previous year; therefore,Uzbekistan is placed on Tier 2 Watch List for a fifth consecutiveyear. Uzbekistan was granted a waiver of an otherwise requireddowngrade to Tier 3 because its government has a written planthat, if implemented, would constitute making significantefforts to meet the minimum standards for the elimination oftrafficking and is devoting sufficient resources to implementthat plan.The Uzbek government continued to force children and adultsto pick cotton. As in previous years, the government seta quota for national cotton production and paid farmersartificially low prices for the cotton produced, making italmost impossible for farmers to pay wages that would attracta voluntary workforce. Provincial mayors and governors wereheld personally responsible for ensuring that the quota wasmet; they in turn passed along this pressure to local officials,who organized and forced school children, university students,faculty, and other government employees to pick cotton.The government continued to refuse to allow the ILO tomonitor the cotton harvest and denied that forced labor ofchildren or adults in the cotton sector exists in Uzbekistan. Thegovernment identified fewer sex trafficking and transnationallabor trafficking victims during the reporting period.U B ISTA TI A I B ARecommendations for Uzbekistan: Take substantive actionto end the use of forced labor during the annual cotton harvest;investigate and prosecute government officials suspected tobe complicit in trafficking, particularly those who forcedchildren and adults to pick cotton during the annual harvest,and convict and punish complicit officials; allow internationalexperts, such as the ILO, to conduct an independent assessmentof the use of forced labor during the annual cotton harvest;provide financial support and continue to provide in-kindsupport to anti-trafficking NGOs to assist and shelter victims;continue efforts to investigate and prosecute suspectedtrafficking offenses and convict and punish traffickingoffenders; and work to ensure that identified victims are notpunished for acts committed as a result of being trafficked.ProsecutionThe Government of Uzbekistan demonstrated mixed lawenforcement efforts, including efforts to combat sex andinternational labor trafficking and a lack of efforts to addressforced labor in the cotton harvest during the reportingperiod. Article 135 of the criminal code prohibits both forcedprostitution and forced labor, and prescribes penalties of threeto 12 years’ imprisonment, which are sufficiently stringentand commensurate with punishments prescribed for otherserious crimes, such as rape. Law enforcement data is opaquein Uzbekistan. In 2011, law enforcement agencies reportedconducting 951 trafficking investigations, compared with529 investigations in 2010. Authorities reported prosecuting444 trafficking cases in 2011, compared with 632 traffickingcases in 2010, and claimed convictions of 636 traffickingoffenders in 2011, compared with 736 and 1,198 offenderspurportedly convicted in 2010 and 2009, respectively. Thegovernment reported that 434 convicted trafficking offenderswere sentenced to time in prison, compared with approximately476 convicted offenders reportedly sentenced to time in prisonin 2010. In 2011, the government reported facilitating andfunding four workshops on combating sex trafficking andtransnational labor trafficking for law enforcement officials.The government reportedly shared data with several foreignlaw enforcement agencies to assist in criminal cases againstsuspected traffickers.In June 2011, the prime minister reportedly demandedan abundant cotton harvest and threatened jail time forthose local administrators who fail to produce statequotas. Authorities applied varying amounts of pressure ongovernmental institutions, schools, and businesses to organizeschoolchildren, university students, teachers, medical workers,government personnel, military personnel, and nonworkingsegments of the population to pick cotton. Local governmentofficials in regions where cotton is grown closed rural schoolsand forced children to go to the fields to pick cotton. Therewere some reports of government officials threatening studentswith retaliation if they did not work or achieve designatedquotas. Teachers were often held accountable by local officialsfor student cotton quotas; there continued to be reports thatstudents and adults who did not make their quotas weresubject to ridicule or abuse by local administrators or police.There were reports that government officials threatened towithhold social benefit payments to the elderly until theypicked cotton. The government did not report law enforcementefforts regarding official complicity of forced labor in thecotton harvest.There were reports of official complicity in other forms oftrafficking. Border guards and low-level police officers werereportedly involved in the fraudulent issuance of exit visas, andthere were allegations of individual police officers acceptingbribes from traffickers. The Office of the Prosecutor Generalreported that an officer in the city of Tashkent’s CriminalInvestigation Department received a sentence of nine yearsin prison on trafficking-related charges, and that an officialof the police department in the city of Tashkent is underinvestigation for similar charges, but did not report additionaldetails to confirm how the activities involved trafficking. Bycomparison, last year, media reports indicated that someMinistry of Labor officials were convicted for coordinatingillegal employment overseas.ProtectionThe Government of Uzbekistan demonstrated mixedefforts to identify, assist, and protect victims of trafficking– including efforts to assist victims of sex and internationallabor trafficking – though it demonstrated no efforts to assistvictims of forced labor in the cotton harvest. The governmentreported that it identified 1,635 victims through ad hocmeans in 2011 – a decrease from 2,325 and 4,660 victims
37. 369purportedly identified in 2010 and 2009, respectively. Police,consular officials, and border guards referred potential femaletrafficking victims returning from abroad to an NGO forservices. The government operates a shelter for male, female,and child trafficking victims that assisted 336 victims in 2011,compared with 225 victims assisted in 2010. Victims are notdetained in the shelter; they may freely enter and leave. Thegovernment provided shelter and office space to two NGO-run shelters, and victims were eligible for medical assistancefrom the government. The government continued to providea small amount of assistance to repatriated child victims oftrafficking. A leading NGO identified and assisted 204 victimsin 2011. NGOs report that victims who cooperate with lawenforcement receive some protection during the trial process.Some victims were penalized for acts committed as a resultof being trafficked; victims were sometimes charged withillegal border crossing when they returned to Uzbekistan fromabroad. NGOs reported that when they appealed immigrationcharges against victims, these charges were often dropped;however these charges were less likely to be dropped if thevictim refused to cooperate with a trafficking investigation.PreventionThe government continued public awareness efforts ontransnational sex and labor trafficking. Through a pilot projectwith UNICEF, one provincial leader in the Ferghana valleyissued orders that children were not to be used in the cottonharvest and that schools should remain open; UNICEF andlocal activists reported that all schools remained open inthat region during the harvest season. The government didnot respond to the international community’s calls for anindependent assessment of the use of both forced adult andforced child labor during the 2011 cotton harvest. It againpermitted UNICEF to conduct observations of forced childlabor during the harvest in every region. The Ministry of Laborrequired all regional leaders to sign an agreement stating thatthey would keep schools open and not mobilize children,but this was not enforced. There were reports that humanrights activists who independently monitored the cottonharvest were detained by government officials. State mediashowed programs on sex trafficking and transnational labortrafficking. The government continued to provide venues forNGO training programs and awareness-raising activities. Inaddition, ostensibly in an effort to combat human trafficking,the country introduced regulations that required male relativesof women aged 18 to 35 to submit a statement pledging thatthe women would not engage in illegal behavior, includingprostitution, while abroad; evidence suggests restrictionson migration have a negative effect on preventing humantrafficking. Officials in the city of Jizzakh reduced thedemand for commercial sex by arresting and prosecutingclients of prostitution. In 2011, the government began issuingbiometric passports to all its citizens, in a program scheduledfor completion in 2015.VENEZUELA (Tier 2 Watch List)Venezuela is a source, transit, and destination country for men,women, and children subjected to sex trafficking and forcedlabor. Venezuelan women and girls are found in conditionsof sex trafficking within the country, lured from poor interiorregions to urban and tourist centers, such as Caracas, Maracaibo,and Margarita Island. Victims are often recruited through falsejob offers. In June 2011, a Venezuelan official reported thattrafficking victims from Colombia, Peru, Haiti, China, andSouth Africa were exploited in Venezuela, although it wasunclear when these victims were identified. Some Venezuelanchildren are forced to work as street beggars or as domesticservants, and Ecuadorian children, often from indigenouscommunities, are subjected to forced labor, particularly inCaracas. Some Venezuelan women are transported from coastalareas by small boats to Caribbean islands, particularly Aruba,Curacao, and Trinidad and Tobago, where they are subjectedto forced prostitution. Organized crime is widely believed tobe involved in facilitating sex trafficking in Venezuela.The Government of Venezuela does not fully comply with theminimum standards for the elimination of trafficking; however,it is making significant efforts to do so. Because the assessmentof the government’s significant efforts is based largely or inpart on the government’s commitment of future actions overthe coming year, Venezuela is placed on Tier 2 Watch List.During the year, the National Assembly approved reformsthat will strengthen Venezuela’s legal framework againsttrafficking. Authorities reported convicting two traffickersand identifying and assisting 38 trafficking victims. Thegovernment also undertook public information campaignsand training of law enforcement, port and airport staff, andtourism service personnel to identify and prevent trafficking.However, prosecution and conviction efforts appeared toremain weak, and specialized victim services were lacking.The Government of Venezuela did not provide informationon its efforts to combat human trafficking for this report, andthere was limited public information regarding the natureof the trafficking problem or government efforts to fight it.U A TI A I B ARecommendations for Venezuela: Amend existingtrafficking laws to prohibit and adequately punish all formsof human trafficking; intensify efforts to investigate andprosecute cases of sex trafficking and forced labor, and convictand punish trafficking offenders; fund specialized servicesto trafficking victims, in partnership with civil societyorganizations; implement formal and proactive proceduresfor identifying trafficking victims among vulnerablepopulations, such as people in prostitution; enhanceinteragency cooperation, perhaps through forming apermanent anti-trafficking working group; provide publicly-available information regarding government efforts to combathuman trafficking; consider strengthening the governmentanti-trafficking framework through enacting a national plan;and improve data collection for trafficking crimes.ProsecutionThe Government of Venezuela maintained limited anti-traffickinglawenforcementeffortsoverthelastyear.Venezuelanlaw prohibits most forms of human trafficking through its2007 Organic Law on the Right of Women to a Violence-FreeLife. Article 56 of this law prohibits the trafficking of womenand girls for the purposes of sexual exploitation, forced labor,VENEZUELA
38. 370VIETNAMslavery, irregular adoption, or organ extraction, prescribingpunishments of 15 to 20 years’ imprisonment. Articles 46and 47 prohibit forced prostitution and sexual slavery, andprescribe penalties of 10 to 20 years’ imprisonment. Article16 of the Organic Law against Organized Crime, enacted in2005, prohibits transnational sex and labor trafficking, andprescribes penalties of 10 to 18 years’ imprisonment. Theabove penalties are sufficiently stringent, and commensuratewith those for other serious crimes, such as rape, but do notaddress the internal trafficking of men or boys. Althoughprosecutors could use Venezuela’s Child Protection Act andvarious articles of the penal code to prosecute the internaltrafficking of boys, there were no publicly available reportsof convictions for this crime during the reporting periodand many of these statutes prescribe inadequate penalties –typically a maximum of three months in jail or fines.In January 2012, the National Assembly adopted a reform of theOrganic Law against Organized Crime and Terrorist Financing.This reform does not limit the definition of human traffickingto women and girls and increases penalties against anyonewho “promotes, encourages, facilitates, or executes” humantrafficking as part of an organized crime group to 20-25 years’imprisonment or to 25-30 years in cases involving minors.A separate draft Organic Law against Trafficking in Persons,written in consultation with civil society organizations, wasre-introduced to the National Assembly during the reportingperiod, but was not passed. In addition to increasing penaltiesfor trafficking crimes and prohibiting the internal traffickingof men and boys, the draft law would establish provisions onvictim protection and interagency coordination.The government reportedly investigated and arrestedindividuals in several sex trafficking cases. In 2011, authoritiesinitiated two prosecutions for sex trafficking crimes. Duringthe reporting period, a Caracas court convicted two women ofsex trafficking crimes; they were each sentenced to five years’imprisonment, but were granted parole, conditional on courtappearance every eight days. In comparison, in 2010 therewere no publicly available reports of convictions of humantrafficking offenders. Authorities reported training thousandsof law enforcement officers and immigration officials onhow to identify and assist trafficking victims and how toinvestigate trafficking cases, sometimes collaborating withinternational organizations. There were no public allegationsthat Venezuelan government officials were complicit in humantrafficking, and the Venezuelan government did not reportany investigations, prosecutions, convictions, or sentencingof public officials.ProtectionThe government sustained limited efforts to assist traffickingvictims during the reporting period. There was no publicinformation regarding the government’s development orimplementation of formal procedures for identifying traffickingvictims among vulnerable populations and referring them tovictim services. The government did not operate shelters orprovide other services specifically for trafficking victims, butprovided limited funding to some NGOs operating shelters,and government shelters for victims of domestic violenceor at-risk youth reportedly were accessible to traffickingvictims. NGOs provided the majority of specialized services.Authorities reported assisting 38 trafficking victims in 2011,including three Ecuadorian girls who had been subjectedto forced labor. In comparison, during the previous yearthe government did not publicly report on the number ofvictims it assisted, although the media reported on a caseinvolving 11 girls exploited in sex trafficking. Government-provided psychological and medical examinations reportedlywere available to trafficking victims, but NGOs reported thatadditional victim services, such as follow-up medical aid,legal assistance with filing a complaint, job training, andreintegration assistance, remained lacking.There was no information publicly available about whether thegovernment encouraged victims to assist in the investigationand prosecution of their traffickers. Also, there were noreports of victims being jailed or penalized for unlawfulacts committed as a direct result of being trafficked. Foreignvictims who faced retribution if returned to their country oforigin could apply for refugee status; however, the governmentdid not report whether any trafficking victims applied for orreceived this status over the past year. There were no publiclyavailable reports of government assistance to repatriatedVenezuelan trafficking victims during the reporting period.PreventionThe Venezuelan government engaged in efforts to preventhuman trafficking over the year by raising public awarenessthrough anti-trafficking campaigns and by training airport andtourism service personnel in tourist destinations, includingNueva Esparta, Anzoategui, and Zulia states. Most of theseefforts focused on sex trafficking and child sex tourism. Thegovernment continued to operate a national 24-hour hotlinethrough which it received trafficking complaints; however,NGOs reported that it was of limited use. The Interior andJustice Ministry’s directorate of crime prevention is responsiblefor coordinating anti-trafficking law enforcement efforts.Officials reported on anti-trafficking efforts to the media onan ad hoc basis. There were no publicly-available reports ofnew investigations, prosecutions, or convictions for child sextourism during the year. No specific activities to reduce thedemand for commercial sex acts or forced labor were reportedduring the year.VIETNAM (Tier 2)Vietnam is a source and, to a lesser extent, a destination countryfor men, women, and children subjected to sex traffickingand conditions of forced labor. Vietnam is a source countryfor men and women who migrate abroad for work either ontheir own or through predominantly state-affiliated laborexport companies in the construction, fishing, agriculture,mining, logging, and manufacturing sectors, primarily inTaiwan, Malaysia, the Republic of Korea (South Korea), Laos,the United Arab Emirates, and Japan, as well as in China,Thailand, Cambodia, Indonesia, the United Kingdom (UK),the Czech Republic, Cyprus, Sweden, Trinidad and Tobago,Costa Rica, Russia, Libya, Saudi Arabia, Jordan, and elsewherein the Middle East and North Africa; some of these workerssubsequently face conditions of forced labor. Vietnamesewomen and children subjected to sex trafficking throughoutAsia are often misled by fraudulent labor opportunities andsold to brothels on the borders of Cambodia, China, andLaos, with some eventually sent to third countries, includingThailand and Malaysia. Some Vietnamese women are forcedinto prostitution in Thailand, Malaysia, Singapore, and inEurope.
39. 371VIETNAMVietnam’s labor export companies, most of which are affiliatedwith state-owned enterprises, as well as unlicensed middlemenbrokers, have been known to charge workers in excess ofthe fees allowed by law for the opportunity to work abroad.This forces Vietnamese workers to incur some of the highestdebts among Asian expatriate workers, making them highlyvulnerable to debt bondage and forced labor. A study onmigration trends conducted in 2010 of 1,265 Vietnamesemigrants from three northern districts who had gone abroadfor work found that nearly all faced high recruitment fees thatput them in a state of debt bondage for years; the majority ofthose that had to return to Vietnam early – after one to twoyears – were not able to earn enough to pay off those debts.Upon arrival in destination countries, some workers findthemselves compelled to work in substandard conditionsfor little or no pay despite large debts and with no credibleavenues of legal recourse. Some of Vietnam’s recruitmentcompanies reportedly did not allow workers to read theircontracts until the day before they were scheduled to departthe country, after the workers had already paid significantrecruitment fees, often incurring debt. Some workers reportedsigning contracts in languages they could not read. There alsohave been documented cases of recruitment companies beingunresponsive to workers’ requests for assistance in situationsof exploitation.Vietnamese and Chinese organized crime groups are involvedin the forced labor of Vietnamese children on cannabis farmsin the UK, where they were subject to debts of up to $32,000.Reports indicate that many of these Vietnamese victims flewwith an agent to Russia, were transported via trucks throughthe Ukraine, Poland, the Czech Republic, Germany, France,and then arrived in the UK. In 2011, a number of Vietnamesewomen were trafficked to Thailand to act as surrogate birthmothers for foreigners. There are also reports of someVietnamese men, women, and children subjected to forcedlabor within the country as well as abroad. In both sex andlabor trafficking, debt bondage, confiscation of identity andtravel documents, and threats of deportation are commonlyutilized to intimidate victims. Some Vietnamese womenmoving to China, Taiwan, Hong Kong, Macau, and increasinglyto South Korea as part of internationally brokered marriagesare subsequently subjected to conditions of forced labor(including as domestic servants), forced prostitution, or both.There are reports of trafficking of Vietnamese, particularlywomen and girls, from poor, rural provinces to urban areas,including Hanoi, Ho Chi Minh City, and newly developedurban zones, such as Binh Duong. While some individualsmigrate willingly, they may subsequently be sold into forcedlabor or commercial sexual exploitation.Vietnamese children from rural areas are subjected tocommercial sexual exploitation. Children also are subjectedto forced street hawking, forced begging, or forced labor inrestaurants in the major urban centers of Vietnam, althoughsome sources report the problem is less severe than in years past.Some Vietnamese children are victims of forced and bondedlabor in urban family-run house factories and rural privately-run gold mines. NGOs report that traffickers’ increasing useof the Internet to lure victims has led to a rising number ofmiddle-class and urban-dwelling Vietnamese to fall prey tohuman trafficking. There are reports that individuals whofailed to meet work quotas were punished through beatingsand other physical abuse. Vietnam is a destination for childsex tourism with perpetrators reportedly coming from Japan,South Korea, China, Taiwan, the UK, Australia, Europe, andthe United States, although this problem is not believed tobe widespread.The Government of Vietnam 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 issued a decree laying out responsibilities fordrafting circulars and decrees on protection, prevention andprosecution to fully implement Vietnam’s new, comprehensiveanti-trafficking law, which was adopted in March 2011 andtook effect in January 2012. During 2011, the government usedexisting laws to criminally prosecute some labor traffickingoffenses; in many cases prosecutors relied on Article 139,“Appropriating Properties Through Swindling.” Rehabilitationcenters for drug users and people in prostitution, run by theVietnamese government, continued to subject residents toforced agricultural, construction, and manufacturing labor – aform of human trafficking – despite international criticism. TheGovernment of Vietnam failed to provide adequate remedies tooverseas workers who experienced debt bondage or other formsof forced labor. During the reporting period, the governmentdrafted new victim identification procedures. In 2011, thegovernment finalized and disseminated a five year (2011-2015)national action plan on human trafficking and announced theallocation of the equivalent of $15 million to implement thisplan, which covers all forms of trafficking and coordinates thegovernment’s anti-trafficking responses through the NationalSteering Committee on Human Trafficking chaired by DeputyPrime Minister Nguyen Xuan Phuc. Although police officialsacknowledged that internal trafficking and trafficking ofmen may constitute significant segments of the country’strafficking problem, the government took no discernibleactions to increase efforts to address these particular formsof trafficking during the year.I T A TI A I B ARecommendations for Vietnam: Issue required guidanceto fully implement the new anti-trafficking law, includingthrough the application of stringent criminal penalties forall forms of trafficking; train front-line officers and judicialofficials on the provisions of the anti-trafficking law, with aspecific focus on recognizing victim exploitation as theessential element of trafficking crimes; criminally prosecutethose involved in forced labor, the recruitment of persons forthe purpose of forced labor, or fraudulent labor recruitmentand apply stringent penalties to convicted offenders;immediately cease the practice of forcing Vietnamese citizensinto commercial labor in government-run drug rehabilitationcenters; adopt policies for the proactive identification of victimsamong vulnerable groups, such as Vietnamese migrant workerswho have been subjected to forced labor and ensure that theyare provided with victim services; develop formal proceduresto this end, using internationally recognized indicators offorced labor, such as the confiscation of travel documents byemployers or labor brokers, and train relevant officials in theuse of such procedures, including internationally recognizedindicators of forced labor such as the confiscation of traveldocuments by employers or labor brokers; continue efforts
40. 372VIETNAMto protect Vietnamese workers going abroad throughmemoranda of understanding and agreements with additionaldestination countries that include measures to protectVietnamese workers; take measures to protect victims of labortrafficking to ensure that workers are not threatened orotherwise punished for protesting labor conditions or forleaving their place of employment; improve interagencycooperation on anti-trafficking efforts; in order to monitorand evaluate efforts to implement the national plan of action,improve data collection and data sharing at the national levelon trafficking prosecutions, particularly labor-relatedprosecutions; and implement and support a visible anti-trafficking awareness campaign directed at clients of the sextrade.ProsecutionThe Government of Vietnam continued its law enforcementefforts to combat trafficking. In March 2011, the NationalAssembly passed a comprehensive anti-trafficking law, whichexpands the definition of trafficking in persons to includeforms of trafficking not prohibited in the penal code underarticles 119 and 120 and includes provisions for victim careand trafficking prevention. This law went into effect in January2012, although criminal penalties for the newly enumeratedtrafficking offenses have not yet been established. In orderto hold perpetrators criminally accountable for traffickingcrimes prohibited under the anti-trafficking law, the SupremePeople’s Court must issue detailed guidance establishing thecriminal penalties for the new crimes. The law’s expansion ofthe definition of trafficking in persons was not applied duringthe reporting period despite the law’s coming into effect inJanuary 2012 because the government has yet to issue thenecessary guidance.The government reported the majority of traffickers wereprosecuted under articles 119 and 120 of the penal code, whichcan be used to prosecute some forms of trafficking, includinglabor trafficking. These articles prescribe sufficiently stringentpunishments of two to seven years’ imprisonment, which arecommensurate with penalties prescribed for other seriousoffenses, such as rape. Judicial officials have interpreted thepenal code provisions on human trafficking to apply only tocases that involve a third-party exchange of payment, and thisled to some trafficking cases being criminally prosecuted ashuman smuggling. Other cases were administratively punishedunder the country’s labor laws, which do not provide criminalpenalties for labor trafficking. These penal code provisions,unlike the new law, do not criminalize an attempt to commita trafficking offense.In September 2011, authorities rescued 23 children in bondedlabor in a small privately-owned garment workshop; becauserecruitment and exploitation of the children was performedby the same individual, authorities reported the case couldnot be prosecuted under articles 119 or 120 and instead choseto adjudicate this trafficking case as a labor violation withan administrative fine and an official warning. In December2011, the court sentenced two individuals, convicted fortransporting 33 victims to China and attempting to exploitthem, to 30 and 36 months’ probation human smuggling fora offense under the penal code. Authorities reported this casescould not be prosecuted under articles 119 and 120 becausethe traffickers had not succeeded in receiving payment for thevictims in China, thus highlighting the drawback to relianceon these penal code provisions.Vietnam’s central data collection systems remained inadequateto provide law enforcement statistics, such as traffickingprosecutions and convictions during the year segregated bytype of trafficking. The Supreme People’s Procuracy reportedthat between December 1, 2010 and November 30, 2011,authorities prosecuted 153 cases of trafficking and relatedoffenses, the same number of cases reported during theprevious year. Exact numbers of convictions were not available,but National Steering Committee 130, the government’santi-trafficking coordinating body, estimated the governmentconvicted more than 350 offenders under articles 119 and 120of the country’s penal code, compared with 274 convictions inthe previous year. The government reported convicting sevenoffenders and sentencing them to prison terms ranging fromfour to 18 years under these articles for labor trafficking duringthe year; as in the past, however, the government did notprovide details of the nature of these cases to substantiate theclaim that they constituted labor trafficking. The governmentcontinued primarily to pursue prosecutions in internationalsex trafficking cases, and overall law enforcement effortswere inadequate to address all forms of human traffickingin Vietnam.Contract disputes between Vietnamese workers and theirVietnam-based labor recruitment companies or companiesoverseas – including for fraudulent recruitment and conditionsthat are indicative of forced labor – are left largely to the laborexport recruiting company to resolve. Although workers havethe legal right to take cases to court, in practice few have theresources to do so, and there is no known record of a Vietnameselabor trafficking victim successfully achieving compensationin court; thus, in practice, workers are left without reasonablelegal recourse in such cases. The government continued towork with international organizations during the year to trainlaw enforcement officials, border guard officials, and socialworkers on trafficking.Many NGOs indicated that trafficking-related corruptioncontinued to occur at the local level, where officials at bordercrossings and checkpoints accepted bribes from traffickers,and, where at times, officials opted not to intervene on victims’behalf when family relationships existed between traffickersand victims. Since October 2010, the government reported twoconvictions of public officials for trafficking related offensesunder Article 120 of the penal code; however, due to designof the Supreme Court’s database, it could not be determinedwhether these convictions were obtained during the currentreporting year, nor were details on the convictions available.Investigation was ongoing in a case against a local official,initiated during the previous reporting period, suspected ofaccepting bribes to illegally register marriages between foreignmen and Vietnamese women, some of whom may have beentrafficking victims.Government and NGO sources report that lack of financialresources, inadequately trained personnel, cumbersomemechanisms for interagency cooperation, poorly coordinatedenforcement of existing legal instruments across the country,and the current legal structure that is ill-suited to supportingthe identification and prosecution of trafficking cases remainobstacles to greater progress in the country’s anti-traffickingefforts.
41. VIETNAM373ProtectionThe Vietnamese government made sustained efforts to protectvictims, primarily those subjected to transnational sextrafficking, but it did not make efforts to adequately identifyvictims among vulnerable populations or protect victims oflabor trafficking or internal trafficking. Victim protectionplans outlined in the anti-trafficking law have not yet beenimplemented. The government did not develop or employsystematic nationwide procedures to proactively and effectivelyidentify victims of trafficking among vulnerable populations,such as women arrested for prostitution and migrant workersreturning from abroad, and victim identification effortsremained poor across all identified migration and traffickingstreams.Credible figures for the number of trafficking victims identifiedduring the year were not available, but Vietnam’s NationalSteering Committee on Trafficking in Persons reported that 430Vietnamese trafficking victims were identified by Vietnameseauthorities, 250 victims were identified and repatriated byforeign governments or NGOs, and 120 victims self-identified.These estimated statistics include some cases in which childrenwere abducted and sold for adoption. The majority of identifiedvictims were women and children, although the border guardreported rescuing and assisting at least eight adult maletrafficking victims. An NGO reported all 27 victims it assistedin repatriating to Vietnam during the year had been exploitedin Malaysia or Thailand, but information about additionalrepatriated victims – such as countries they had been exploitedin – was unavailable; this included details for the 48 victims thegovernment reported assisting in 2011 at embassies overseas.At a minimum, Vietnamese embassies provided documentationfor the victims to be repatriated. Support for the victims wasprovided on a case-by-case basis and varied from temporaryshelter to financial and administrative support based upontheir needs. Financial assistance was provided through theFund for Assisting Overseas Vietnamese.The government continued to act as a perpetrator of forcedlabor, subjecting drug users and persons formerly inprostitution to forced labor in treatment centers. During theyear, an international NGO documented a limited numberof cases in which individuals in such shelters who failedto meet work quotas were punished through beatings andother physical abuse. The government reported stoppingthe construction of new centers, but current regulationsmandate the use of “therapeutic labor” for residents withinthese existing government-run centers. While authorities haveformal procedures for receiving victims and referring themto care, the referral system is recognized to have significantdeficiencies, failing to identify victims who do not return viaofficial border crossings and victims who do not want to beidentified by authorities due to social stigma or other reasons.The government did not provide adequate legal protectionfrom forced labor or assistance to victims in Vietnam or abroad.During the year, more than 88,000 Vietnamese workerstraveled abroad to work through official contracts, and thetotal number of Vietnamese migrant workers in 40 countriesand territories is estimated to be approximately 500,000. InNovember 2011, Vietnam signed a bilateral agreement withthe Belarusian government to facilitate the employmentof Vietnamese workers in Belarus and is reportedly in theprocess of drafting a similar agreement with Israel; it is unclearwhether agreements signed with governments of labor demandcountries had provisions to prevent human trafficking andprotect trafficking victims. Vietnam maintains labor attaches inthe nine countries receiving the largest number of Vietnamesemigrant workers; however, it does not maintain embassiesin some countries where there are reports of trafficking. Insome places where there are embassies, diplomatic personnelresponded weakly to protect migrant workers; the governmentacknowledged that its diplomats lacked sufficient training andoversight. Government regulations do not prohibit privateemployers from withholding the passports of workers indestination countries, and Vietnamese companies were knownto withhold workers’ travel documents, a known contributorto trafficking. The government did not publish data aboutindividual cases where consular or other officials identified orassisted Vietnamese workers subjected to forced labor abroad.Although workers have the right in principle to sue laborexport companies, there has been no indication of victimsreceiving legal redress in Vietnamese courts for such claims.The government’s Vietnamese Women’s Union (VWU), inpartnership with NGOs and with foreign donor funding,continued to operate three trafficking shelters in Vietnam’slargest urban areas; the shelters provided counseling andvocational training to female sex trafficking victims. The VWUand border guards also operate smaller shelters that providetemporary assistance to migrants in need at some of the mostheavily used crossing points. At times victims were housedin Ministry of Labor Invalids, and Social Affairs (MOLISA)social protection centers that provide services to a wide rangeof vulnerable groups, although officials acknowledged thatvictims were better served in trafficking-specific shelters. Inmany areas shelters are rudimentary, underfunded, and lackappropriately trained personnel. The government has allocatedthe equivalent $1,600,000 over five years for victim protectionefforts; in February 2012, it issued guidelines for the use andmanagement of these funds, but it is not known whetherany funds were distributed. In 2011, the government tookpreliminary action to implement a set of National MinimumStandards for service provision to trafficking victims. MOLISAtrained staff in 13 provinces on these standards; however,formal nationwide implementation of the guidelines remainson hold pending issuance of the relevant decrees and circularsgoverning victim protection in the anti-trafficking law. Thereare no shelters or services specifically dedicated to assistingmale victims, child victims, or victims of labor trafficking,although existing shelters reportedly provided services tosome male and child victims. NGOs report some victimsopt not to stay at a victim support facility or receive socialservices due to a fear of social stigma from identifying as atrafficking victim. Trafficking victims are eligible for a cashsubsidy of up to the equivalent of $50, paid through localauthorities; the government did not provide statistics on thenumber of victims who received this benefit, but it estimatedapproximately 60 percent of identified victims received thesubsidy. The government continued to provide contributionsof office space and personnel to international organizationsconducting anti-trafficking projects.The government reportedly encourages victims to assist inthe prosecution of their traffickers,although the Vietnamesegovernment generally does not provide police-assisted witnessprotection to victims of crime. NGOs reported that 44 victimsparticipated in criminal proceedings in 2011. Victims wereoften reluctant to participate in investigations or trials dueto social stigma, particularly as it relates to prostitution,fear of retribution in their local communities, and lack ofincentives for participation. Victims sometimes received
42. 374YEMENmodest compensation from traffickers, but no data wereavailable to determine how often this occurred. Vietnameselaw protects trafficking victims from facing criminal chargesfor actions taken as a direct consequence of being trafficked;however, inadequate efforts to identify victims amongvulnerable populations may have led to some victims beingtreated as law violators. There were no legal alternatives tothe removal of foreign victims to countries where they faceretribution or hardship.PreventionWith assistance and cooperation from internationalorganizations, NGOs, and foreign donors, the Vietnamesegovernment increased efforts to prevent trafficking in persons.In August 2011, the prime minister gave final approval toa five-year national plan of action on human traffickingpassed earlier in the year. In December 2011, the Ministry ofForeign Affairs (MFA) launched an online migration websiteproviding prospective migrants with access to informationabout the legal guidelines governing recruitment companies;however, the government did not increase efforts to enforcethese regulations, and overall efforts to regulate recruitmentcompanies and marriage brokers remained weak. MOLISAreported that in 2011, the government investigated 38 laborrecruiting companies and issued minimal fines rangingfrom the equivalent of $750 to $2,000 to 15 companies for anumber of administrative violations; some violations, such ascharging excessive recruitment fees, were indicative of humantrafficking, but no trafficking cases were identified from theseefforts and no criminal prosecutions were initiated againstlabor recruitment companies. The government organized twotraining workshops for tourism operators to raise awarenessof child sex tourism. Authorities did not report any otherefforts to reduce the demand for commercial sex or forcedlabor. Vietnam is not a party to the 2000 UN TIP Protocol.YEMEN (Tier 3)Yemen is a country of origin and, to a much lesser extent, atransit and destination country for men, women, and childrensubjected to forced labor and sex trafficking. Some Yemenichildren, mostly boys, migrate to the Yemeni cities of Adenand Sanaa, or travel across the northern border to SaudiArabia and, to a lesser extent, to Oman where they end upworking in forced labor in domestic service, small shops, oras beggars. Some of these children are forced into prostitutionby traffickers, border patrols, other security officials, and theiremployers once they arrive in Saudi Arabia. Some parents mayhave refrained from sending their children to Saudi Arabia forfear of them encountering violence in northern Yemen, whileother Yemeni children attempting to reach Saudi Arabia wereabducted by rebel groups to serve as combatants. A Saudistudy conducted in 2011 reported that most beggars in SaudiArabia are Yemenis between the ages of 16 and 25. The Yemenigovernment and international NGOs estimate that there areapproximately 1.7 million child laborers under the age of 14in Yemen, some of whom are subjected to conditions of forcedlabor. In addition, some sources report that the practice ofchattel slavery still exists in Yemen; while no official statisticsexist detailing this practice, sources report that there couldbe 300 to 500 men, women, and children sold or inheritedas slaves in Yemen, including in the Al-Zohrah district of Al-Hudaydah Governorate, west of Sanaa, and the Kuaidinahand Khairan Al-Muharraq districts of the Hajjah Governorate,north of the capital.To a lesser extent, Yemen is also a source country for girlssubjected to sex trafficking within the country and in SaudiArabia. Girls as young as 15 are exploited for commercial sexin hotels and clubs in the governorates of Sanaa, Aden, andTaiz. The majority of child sex tourists in Yemen originate fromSaudi Arabia, with a smaller number possibly coming fromother Gulf nations. Yemeni girls who marry Saudi touristsoften do not realize the temporary and exploitative nature ofthese agreements, and some are subjected to sex trafficking orabandoned on the streets of Saudi Arabia. Yemen is a transitand destination country for women and children from theHorn of Africa. UNHCR estimated that nearly 103,000 refugeesand asylum-seekers from the Horn of Africa crossed theGulf of Aden to reach Yemen during 2011, twice the numberfrom 2010. Ethiopian and Somali women and children travelvoluntarily to Yemen with the hope of working in other Gulfcountries, but some are subjected to sex trafficking or domesticservitude in Yemen. Others migrate based on fraudulent offersof employment as domestic servants in Yemen, but uponarrival are subjected to sex trafficking or forced labor. Somefemale Somali refugees are forced into prostitution in Adenand Lahj governorates, and Yemeni and Saudi gangs trafficAfrican children to Saudi Arabia. Smugglers capitalize on theinstability in the Horn of Africa to subject Africans to forcedlabor and prostitution in Yemen.Despite a 1991 law that stipulates that recruits to the armedforces must be at least 18 years of age, credible reports indicatethat children as young as 11 have been conscripted into officialgovernment armed forces – as well as into government-alliedtribal militias and militias of the Houthi rebels – since the sixthround of the intermittent war in Sa’ada from August 2009 toJanuary 2010. A local NGO estimated that children may makeup more than half of some tribes’ armed forces, both thosefighting with the government and those allied with the Houthirebels. The number of child soldiers reportedly increasedduring this reporting period as pro- and anti-governmentmilitary units recruited tribesmen directly into their ranks.The Government of Yemen does not fully comply with theminimum standards for the elimination of trafficking andis not making significant efforts to do so. Throughout 2011,Yemen faced prolonged political, economic, and securitycrises, leading to the nearly complete collapse of governmentservices. Following the signing of a Gulf Cooperation Council-sponsored political transition deal in November 2011, thecreation of a new government in December 2011, and theelection of a new president in February 2012, the governmentstill faced severe challenges through the end of the reportingperiod. Due to these prolonged crises, the Government ofYemen’s anti-trafficking efforts, including dedicating resourcesand attention to the issue, were severely curtailed during thisreporting period. The Government of Yemen was unable toprovide law enforcement data to contribute to this report, andit did not institute formal procedures to identify and protectvictims of trafficking or take steps to address trafficking forcommercial sexual exploitation.
43. ZAMBIA375TI A I B ARecommendations for Yemen: Increase law enforcementefforts against trafficking in persons, including trafficking ofwomen, men, and children for sex trafficking and forced labor;take measures to investigate and eradicate the practice ofchattel slavery in Yemen, including by enforcing the prohibitionagainst slavery, including against slave “owners”; expandvictim protection services, including rehabilitation of victimsof forced prostitution; make greater efforts to stop the forciblerecruitment of child soldiers and provide protection servicesto demobilized children; institute a formal victim identificationmechanism to identify and refer trafficking victims toprotection services; implement educational and publicawareness campaigns on trafficking to include informationon the sex trafficking of children and adults; and adopt anddedicate resources to a national plan of action to combattrafficking.ProsecutionThe Government of Yemen reported no progress in enforcinglaws against human trafficking during the reporting period.Article 248 of Yemen’s penal code prescribes up to 10 years’imprisonment for anyone who “buys, sells, or gives as apresent, or deals in human beings; and anyone who bringsinto the country or exports from it a human being with theintent of taking advantage of him.” Although this statute’sprescribed penalty is commensurate with that prescribedfor other serious crimes, such as rape, its narrow focus ontransactions and movement means that many forms of forcedlabor and forced prostitution are not criminalized. Article161 of the Child Rights Law specifically criminalizes theprostitution of children. The government did not reportofficial statistics on its efforts to investigate, prosecute, convict,or sentence trafficking offenders. The Ministry of Interioroperated women’s and children’s units during part of thereporting period that could be used to investigate traffickingoffenses; however, the unit effectively shut down in early2011. The government made no known efforts to investigateor punish the practice of chattel slavery. There was no evidenceof prosecutions or punishments of government officials forcomplicity in trafficking during the reporting period.ProtectionThe Yemeni government’s efforts to protect victims decreasedduring the reporting period. The government continues to lackformal victim identification procedures to proactively identifyand assist victims of trafficking among vulnerable groups, suchas women arrested for prostitution or individuals detained forillegal immigration. As a result, the Government of Yemen didnot ensure that victims of trafficking were not inappropriatelyincarcerated, fined, or otherwise penalized for unlawful actscommitted as a direct result of being trafficked. Although thegovernment, in partnership with UNICEF and NGOs, operatedtwo reception centers to rehabilitate child labor traffickingvictims in Sanaa and Harath, it is unknown whether thesecenters continued to operate during the political crisis orhow many children – if any – were assisted in these centersduring the reporting period. The government does not provideprotection services to adult victims of either forced prostitutionor forced labor. The government did not encourage victimsto assist in investigations or prosecutions of their traffickers.The government did not provide assistance to its nationalswho were repatriated as victims of trafficking. Although thegovernment acknowledged the use of child soldiers, it tookno measures to provide protective or rehabilitation servicesto child soldiers.PreventionThe Yemeni government made no efforts to prevent traffickingduring the reporting period. It was not clear if the government’sinterministerial anti-trafficking committee met during theyear. Although the government formulated a national actionplan on trafficking in 2008, the government made no progressimplementing the plan during the last year. Government-funded anti-trafficking public awareness and educationcampaigns halted because of the political crisis. Moreover,the government did not take any measures to reduce thedemand for commercial sex acts or address the problem ofchild sex tourism. In 2010, the Ministry of Interior’s Womenand Children Unit and the Ministry of Justice developed andimplemented a program for taxi and bus drivers to identifyand report potential trafficking victims witnessed in theirmodes of transportation; however, it is unknown if thisprogram continued throughout the entire reporting period. Thegovernment has not yet developed a universal birth registrationsystem and many children, especially in rural areas, were neverregistered or registered only after several years, deprivingthem of a key identity document and consequently increasingtheir vulnerability to trafficking. It was unknown whetherthe government enforced its 2009 decree aimed at preventingtrafficking through “temporary marriages.” The governmentmade no significant efforts to prevent the recruitment of childsoldiers, as demonstrated in the observed increase of childsoldiers in pro- and anti-government military units duringthe reporting period. The peacekeeping unit in the Yemeniarmed forces receives regular pre-deployment training onsevere forms of human trafficking. Yemen is not a party tothe 2000 UN TIP Protocol.ZAMBIA (Tier 2)Zambia is a source, transit, and destination country formen, women, and children subjected to forced labor and sextrafficking. Most trafficking occurred within the country’sborders and involved women and children from rural areasexploited in cities in domestic servitude or other types of forcedlabor in the agriculture, textile, and construction sectors, aswell as in small businesses such as bakeries; there are alsoreports of Chinese, Indian, and Lebanese nationals in forcedlabor in textile factories and bakeries. Zambian boys andgirls are recruited into prostitution by women who formerlyengaged in prostitution. Children are also brought fromvillages and made to serve as guides for groups of blind beggars.While orphans and street children are the most vulnerable,children of affluent village families are also vulnerable totrafficking, because sending children to the city for work isperceived to confer status. Zambian trafficking victims havebeen identified in South Africa, the Democratic Republic of the
44. 376ZAMBIACongo, and Namibia; Zambian boys are taken to Zimbabwefor prostitution.To a lesser extent, Zambia is a destination for migrantsfrom Malawi and Mozambique who are forced into labor orprostitution after arriving in Zambia. The transnational labortrafficking of Indians and Bangladeshis through Zambia foruse in construction continued, and was linked to criminalgroups based largely in South Africa. Congolese children andSomali nationals are also smuggled through Zambia; somemay become victims of trafficking after reaching South Africa.An increasing number of Chinese and Indian men recruitedto work in Chinese- or Indian-owned mines in Zambia’sCopperbelt Province are reportedly kept in conditions offorced labor by mining companies.The Government of Zambia does not fully comply withthe minimum standards for the elimination of trafficking;however, it is making significant efforts to do so. During theyear, the government completed upgrades to one shelter andmore than quadrupled the national anti-trafficking budgetfrom the equivalent $3 million to $13 million. It prosecutedfour suspected trafficking offenders and conducted trainingfor officials in both Zambia and neighboring countries.The government, however, did not dedicate adequate lawenforcement attention to internal trafficking, including forcedlabor in the mining sector, child prostitution, or domesticservitude. Although government-provided protection forvictims remained weak, officials identified 120 potentialtrafficking victims and provided services to 68 of them throughits continued partnerships with international organizationsand NGOs. Shelter space remained insufficient, and thegovernment held victims in jail alongside traffickers forextended periods. The government has yet to develop andimplement systematic procedures for the identification oftrafficking victims and their referral to care; in some cases,when unable to locate a trafficking offender, the governmentdeported potential victims.A BIA TI A I B ARecommendations for Zambia: Implement the 2008 anti-trafficking act by ensuring the use of a broad definition ofhuman trafficking that does not rely on evidence of movement,but rather focuses on exploitation, consistent with the 2000UN TIP Protocol; amend the trafficking law so that force, fraud,or coercion are not required for cases involving children underthe age of 18 to be considered sex trafficking crimes; staff andconvene the National Committee, as required by the 2008anti-trafficking act; investigate and prosecute internaltrafficking cases, including companies and individuals whouse forced labor in the mining sector; continue to train police,immigration officials, prosecutors, and judges on investigatingand prosecuting trafficking crimes; differentiate the processof victim identification from the prosecution of cases, delinkingthe identification and protection of trafficking victims fromthe successful prosecution of a trafficker; develop bilateralagreements for cooperation with additional governments inthe region, including the DRC and South Africa; formalizeand implement victim identification and referral procedures;screen children accused of crimes for evidence of coercion bytraffickers; continue to improve government services fortrafficking victims through the establishment of additionalshelters; increase the number of labor inspectors; institute aunified system for compiling information on human traffickingcases and trends for use by all stakeholders; and continue toconduct public awareness campaigns.ProsecutionThe Government of Zambia maintained strong anti-traffickinglaw enforcement efforts during the reporting period throughthe prosecution of four trafficking offenders and the first-everallocation of trafficking-specific funding to law enforcemententities. It did not, however, convict any traffickingoffenders. Although the Anti-Human Trafficking Act of 2008criminalizes human trafficking, it requires the use of threat,force, intimidation, or other forms of coercion for a childto be considered a sex trafficking victim. The Act prescribespenalties ranging from 20 years’ to life imprisonment,which are sufficiently stringent and commensurate withpenalties prescribed for other serious crimes, such as rape.The government increased its anti-trafficking budget fromthe equivalent of $3 million to $13 million, which includedthe first-ever allocation of trafficking-specific funding to theZambia Police Service’s Victims Support Unit (VSU). In 2011,the VSU revised its intake forms to include trafficking as areportable offense.In 2011, the government investigated several potentialtrafficking cases and prosecuted four suspected offenders;one led to an acquittal, and three prosecutions remainedongoing at the close of the reporting period. After ZambiaImmigration intercepted their illegal transport of foreignnationals in fall 2011, authorities charged two alleged offenderswith attempted trafficking; these two cases remain pendingtrial. The government failed to dedicate adequate attentionto internal trafficking cases, including child prostitution,domestic servitude, and forced labor in the mining sector.Authorities reported investigating only one case of internaltrafficking, in which they charged a suspect under the 2008anti-trafficking act with forcing a 14-year-old Zambian girl toperform domestic labor; although the suspect was releasedfrom prison, the investigation is ongoing. Although thegovernment expressed interest in addressing well-documentedproblems of forced labor in the mining sector, and the Ministerof Mines threatened to revoke the license of a Chinese-runcoal mine over poor safety standards, the government did nottake tangible steps to address specific instances of reportedforced labor in the sector.Building on a foreign donor-funded train-the-trainer program,Ministry of Home Affairs (MHA) officials led two trainingsfor 50 law enforcement officials in Northern and CopperbeltProvinces. Specific anti-trafficking training is included inall law enforcement courses at the police training academy,covering the 2008 anti-trafficking act, investigation techniques,identification of victims, and protection of victims andwitnesses. The government increased its partnerships in theregion by concluding anti-trafficking cooperation memorandaof understanding with Angola and Namibia in March 2012.In summer 2011, Zambian immigration officers traveled toMalawi to train immigration officers on human trafficking.
45. ZIMBABWE377ProtectionThe government increased its capacity to provide victimprotection during the reporting period through the completionof upgrades to one shelter. It continued, however, to rely oninternational organizations and local NGOs to provide themajority of victim care, without affording any direct financialassistance to such entities. Zambia Immigration Service andthe VSU identified a total of 70 potential victims and referred18 to IOM or a local NGO for care. The Ministry of CommunityDevelopment, Mother and Child Health (MCDMCH) referred50 children in prostitution to an NGO for care. The governmentcontinued to increase the availability of shelter options forvictims; during the reporting period, it identified four sheltersin need of repair and completed such upgrades to one shelterin Luapula Province, which will have a capacity to providecare for 40 victims.Given a continued shortage of adequate shelter, the governmentjailed trafficking victims alongside their traffickers for monthsat a time. The government provided some direct services,including medical care and counseling, to an unknownnumber of trafficking victims through both the government-run University Teaching Hospital in Lusaka and NGO-runcommunity response centers, which are staffed by VSU officials.While existing NGO shelters offered limited accommodationfor women and children, no services were available for men.Additionally, efforts to identify and refer victims remained adhoc. The MCDMCH and the MHA collaborated with the UNJoint Program on Human Trafficking on a three-day workshopin Eastern and Western Provinces in January 2012 to providetraining on local implementation of an anti-trafficking actionplan and development of an effective outreach strategy.The government offered legal alternatives to the removalof victims to countries where they may face hardship orretribution; during the reporting period, Zambian Immigrationprovided temporary residency and a travel document to oneRwandan victim of sex trafficking identified by UNHCRand assisted by IOM. The MCDMCH drew on existing socialassistance programs to repatriate at least one Zambian and oneforeign victim during the year. Without proper procedures forthe identification of victims and adequate shelter space, thegovernment arrested, jailed, and penalized victims for unlawfulacts committed as a direct result of being trafficked, includingchildren accused of crimes; for example, when authoritieswere unable to locate the trafficking offenders in traffickingcases under investigation, victims were routinely deportedwithout receiving victim services. Officials encouraged victimsto assist in the investigation and prosecution of traffickers;during the reporting period, the government provided sign-language interpretation and other assistance to three speech-and hearing-impaired Zambians to facilitate their testimonyin court.PreventionThe Zambian government maintained its efforts to preventtrafficking during the reporting period. In 2011, thegovernment continued implementation of its 2011-2012National Action Plan and drafted a 2012-2015 plan in March2012. The government’s efforts are coordinated through theNational Secretariat; the National Committee, a higher-levelpolicy-making body, remains under formation, awaiting onefinal appointment. The six members of the Secretariat metmonthly and held meetings on specific cases as necessary.The government continued strong partnerships with IOM,the ILO, and UNICEF through the UN Joint Program onHuman Trafficking, enabling targeted prevention activitiesduring the year, including the “Break the Chain of HumanTrafficking” campaign that brought trafficking awarenessto urban centers and rural areas in 2011 and early 2012. InJanuary 2011, the government passed Statutory Instrument 3establishing minimum wages and conditions of employmentfor domestic workers and granting labor inspectors access toinspect informal establishments, including private homes, todetect exploitation; there is no evidence the government beganimplementation of the instrument during the year. As part ofthe implementation of the National Action Plan, the Ministryof Information, Broadcasting, and Labor (MIBL) trained 50labor officers on the 2008 anti-trafficking act, the labor act,and the 2011-2012 national action plan and partnered withthe ILO to train an additional 154 staff during the year. InNovember 2011, the MIBL also trained recruitment agencieson trafficking; currently, the MIBL is investigating allegationsof fraudulent recruitment for employment. Nonetheless,effective action to combat labor trafficking was hamperedby an inadequate number of labor inspectors; while thegovernment claims that 81 inspectors are necessary to carryout an adequate inspection schedule across Zambia, the MIBLcurrently employs only 13. The MIBL launched 10 district-level Labor Networks in November and December 2011, andappointed a Labor Network Coordinator to oversee theseefforts; the networks, comprised of labor, immigration, police,and social welfare officers, will prevent and track cases of labortrafficking. The government did not make efforts to reduce thedemand for commercial sex acts during the reporting period.The Ministry of Home Affairs and Ministry of Defense providedanti-trafficking training to Zambian troops prior to theirdeployment abroad on international peacekeeping missions.ZIMBABWE (Tier 3)Zimbabwe is a source, transit, and destination country formen, women, and children subjected to forced labor andsex trafficking. Women and girls from Zimbabwean townsbordering South Africa and Zambia are subjected to prostitutionin brothels that cater to long-distance truck drivers. Somevictims of forced prostitution are subsequently transportedacross the border to South Africa where they suffer continuedexploitation. Zimbabwean men, women, and children aresubjected to forced labor in agriculture and domestic service inrural areas, as well as domestic servitude and sex trafficking incities and towns. Family members often recruit children andother relatives to travel from rural areas to cities, where theyare subjected to domestic servitude or other forms of forcedlabor after arrival; some children, particularly orphans, arelured with promises of education or adoption. Additionally,the practice of ngozi, or giving of a family member to anotherfamily to avenge the spirits of a murdered relative, createsa vulnerability to trafficking. The individuals given to thewronged family, often girls, are sometimes forced to labor orto marry a member of the new family. Children are forced tocarry out illegal activities, including drug smuggling. Althoughsecurity forces still control access to the diamond-producingMarange district, NGO sources indicate that forced laborabuses have ended, including previously reported allegationsof Zimbabwean security services forcing young men and boysto mine for diamonds.
46. 378ZIMBABWEZimbabwean men, women, and boys migrate illegally to SouthAfrica, where some are forced to labor for months on farms, inmines, or in construction without pay before their employersreport them to authorities for deportation; reports indicateemployers use the pretense of regularization to withholdpassports. Many Zimbabwean women and some childrenwillingly migrate to South Africa, often with the assistance oftaxi drivers who transport them to the border at Beitbridge ornearby; some of the migrants are transferred to criminal gangsthat subject them to violent attacks, rape, deception, and, insome cases, sex trafficking in Musina, Pretoria, Johannesburg,or Durban. Zimbabwean women and men are lured intoexploitative labor situations in Angola, Mozambique, the UnitedArab Emirates, Malaysia, Nigeria, and South Africa with falseoffers of employment in agriculture, construction, informationtechnology, and hospitality; some subsequently become victimsof forced labor or forced prostitution. Women and girls arealso lured to China, Egypt, the United Kingdom, and Canadaunder false pretenses, where they are subjected to prostitution.Men, women, and children from Bangladesh, Somalia, India,Pakistan, the Democratic Republic of the Congo, Malawi,Mozambique, and Zambia are trafficked through Zimbabwe enroute to South Africa. Chinese nationals reportedly are forcedto labor in restaurants and mines in Zimbabwe. Women andchildren from border communities in neighboring countriesare trafficked to Zimbabwe for forced labor, including domesticservitude, and prostitution. Also, one Chadian child in domesticservitude was identified in Zimbabwe.The Government of Zimbabwe does not fully comply withthe minimum standards for the elimination of trafficking andis not making significant efforts to do so. While high-levelofficials, including the president, showed increased interest intrafficking issues during the year, tangible efforts to combattrafficking in persons remained minimal. The government failedto finalize or submit its draft anti-trafficking legislation to thecabinet, which is the first step in introducing it for parliamentaryconsideration. As trafficking is not defined by Zimbabwean law,the government lacks a legal framework to anti-trafficking lawenforcement efforts. The government did not provide evidencethat it investigated or prosecuted trafficking offenses in 2011. Itcontinued to rely on IOM to provide law enforcement training,identify and protect victims, and lead prevention efforts.I BAB TI A I B ARecommendations for Zimbabwe: Finalize and pass draftanti-trafficking legislation in line with the 2000 UN TIPProtocol; prosecute, convict, and punish trafficking offendersunder existing legislation; formalize procedures for identifyingvictims and transferring them to the care of appropriategovernmental or non-governmental service providers;incorporate trafficking crimes into police procedures forrecording and reporting crime data; and launch a broadawareness-raising campaign on the nature of trafficking andthe availability of assistance for victims.ProsecutionThe Government of Zimbabwe undertook no discernibleanti-trafficking law enforcement efforts during the year. It didnot investigate or prosecute trafficking offenders, and neitherfinalized nor introduced a comprehensive anti-trafficking billto the Cabinet. Zimbabwean law does not prohibit all formsof trafficking in persons. The Labor Relations Amendment Actprohibits forced labor and prescribes punishments of up totwo years’ imprisonment; these penalties are not sufficientlystringent. The Criminal Law (Codification and Reform)Act also prohibits procuring a person for unlawful sexualconduct, inside or outside of Zimbabwe, but prescribes lessthan stringent penalties of up to two years imprisonment.If the victim is under 16, the sentence can be up to 10 yearsimprisonment. The Act also prohibits coercing or inducinganyone to engage in unlawful sexual conduct with anotherperson by threat or intimidation, prescribing sufficientlystringent penalties of one to five years imprisonment. Pledginga female for forced marriage or to compensate for the death ofa relative or any debt or obligation, is punishable under theAct, with penalties of up to two years imprisonment. None ofthese penalties are commensurate with penalties prescribedfor other serious crimes, such as rape. The Ministry of HomeAffairs (MHA) and Ministry of Justice failed to finalize orsubmit the draft anti-trafficking bill to the Cabinet, which isthe first step in introducing it for parliamentary consideration.The government did not investigate or prosecute forced laboror forced prostitution offenses during the reporting period.The Zimbabwe Republic Police’s (ZRP) Victim Friendly Unit(VFU) has responsibility for investigating cases involvingwomen and children, which may include trafficking victims,and the referral of victims to support services. AlthoughNGOs and IOM referred the cases of eight trafficking victimsto authorities, the VFU did not report investigating thesecases. The January 2011 appeal to the high court by a Chineseconstruction company which allegedly exploited sevenZimbabweans in forced labor in Angola was not finalizedduring the reporting period. In December 2011, IOM helda three-day anti-trafficking workshop for 10 legislatorsfrom the Portfolio Committee on defense and home affairs.Following the workshop, the legislators conducted a factfinding mission at the Beitbridge and Plumtree border posts.The government did not provide funding or in-kind supportfor anti-trafficking trainings held by international donors anddid not make efforts to independently train its staff. IOM andthe MHA began drafting a memorandum of understandingto establish cooperation on training and capacity building ona variety of issues, including trafficking. Overall corruptionin law enforcement and the judiciary remained serious andunaddressed problems. Victims refused to report or pursuecases of trafficking because they fear that their traffickerscould bribe police or judges. There was anecdotal evidence oflimited government involvement in or tolerance of traffickingon a local level and at border crossing points. There were noreports of trafficking offenses committed by Zimbabweanpeacekeepers deployed abroad.ProtectionThe Zimbabwean government made negligible efforts toprotect trafficking victims during the year, continuing torely on NGOs and IOM to identify victims and provide care.During the reporting period, IOM and NGOs identified andassisted at least eight trafficking victims, providing them
47. SPECIALCASE379with safe shelter, psycho-social support, family tracing, andreunification. Despite the existence of a government processfor referring trafficking victims, the Zimbabwean police anddepartment of social services again failed to refer any victimsto IOM or NGOs for care in 2011. Government-run sheltersand programs were in place to assist and provide counselingand long-term shelter to vulnerable and orphaned children,including trafficking victims; it is not known whether theyprovided any services to trafficking victims during the year. Atits centers at Beitbridge and Plumtree border crossings, trainedDepartment of Social Welfare staff worked closely with IOMand NGOs to ensure the protection of vulnerable children. Thedepartment of immigration continued to require all deporteesfrom South Africa and Botswana to attend an IOM briefing onsafe migration, which includes a discussion of trafficking. Withthe exception of deportees from South Africa and Botswana,the government’s law enforcement, immigration, and socialservices authorities did not have formal procedures withwhich to proactively identify victims of trafficking amongvulnerable populations, such as women in prostitution andirregular migrants. The lack of systematic victim identificationprocedures impaired the government’s ability to ensure thattrafficking victims were not inappropriately incarcerated orotherwise penalized for unlawful acts committed as a directresult of being trafficked. For example, the Department ofImmigration reported the arrest and deportation of 100Nigerian and Chinese nationals, some of whom may havebeen trafficking victims. However, in 2011, the departmentof immigration offered temporary residency to one victimand assisted in their repatriation during the year.PreventionThe government demonstrated minimal efforts to preventtrafficking during the reporting period. The inter-ministerialtask force on trafficking, made up of senior governmentofficials, did not meet during the reporting period, did notexecute any anti-trafficking programming, and continuedto lack a national plan of action. The government did notlaunch any anti-trafficking awareness campaigns during thereporting period. The government did not provide informationon any efforts it may have made to ensure that its militarypersonnel deployed abroad on international peacekeepingmissions did not facilitate or engage in human trafficking.The government did not make efforts to reduce the demandfor commercial sex acts. In his September 2011 speech at theopening of Parliament, President Mugabe emphasized theneed for Parliament to become a party to and domesticate the2000 UN TIP Protocol. The cabinet sent a motion to accedeto the protocol to Parliament in December 2011, where it wasreviewed and later returned to the MHA for revision; however,the cabinet has not submitted a revised motion to Parliament.SOMALIA (Special Case)Somalia remains a Special Case for a tenth consecutive yeardue to the lack of a viable central government. Control of itsgeographic area is divided among the self-declared independentRepublic of Somaliland and the semi-autonomous region ofPuntland, with the remainder of the country nominallyunder the control of the Transitional Federal Government(TFG). Somalia currently lacks a national governing structurethat could assume responsibility for addressing the country’shuman trafficking problem. During the reporting period,fighting continued between TFG troops, allied militias, andAfrican Union forces against anti-TFG forces and the terroristgroup al-Shabaab. The TFG remained preoccupied with thetask of securing government representatives and installationsfrom attacks by such elements and completing key tasksrequired for a transition to a representative government bythe August 20, 2012 deadline. The government was, therefore,not able to address human trafficking in any organizedmanner. In addition, the TFG currently lacks the necessarymeans to identify, investigate, and address systemic issues inSomalia, including those related to forced labor and forcedprostitution. Its capacity to address human trafficking willnot significantly increase without tangible progress in re-establishing governance and stability in Somalia.Scope and Magnitude: Information regarding traffickingin Somalia remains extremely difficult to obtain or verify;however, the Somali territory is believed to be a source andtransit country for men, women, and children subjected toforced labor and sex trafficking. As in previous years, traffickingvictims were primarily trafficked within the country fromSomalia’s south and central regions to the Puntland andSomaliland regions in the north. Somali women and girlsmay be subjected to sex trafficking in Garowe, Las Anod (Soolregion), and pirate towns such as Eyl and Harardheere. Girlsare reportedly taken from coastal regions, particularly Bossaso,Puntland and placed in pirates’ homes to be exploited indomestic and sexual servitude. Trafficking offenders reportedlyused drugs to render victims unconscious during transport.In Somali society, certain groups are traditionally viewedas inferior and are marginalized, hence Somali Bantus andMidgaan are sometimes kept in servitude by more powerfulSomali clan members as domestic workers, farm laborers,and herders. Due to an inability to provide care for all familymembers, some Somalis willingly surrender custody of theirchildren to people with whom they share family relations andclan linkages; some of these children may become victims offorced labor or sex trafficking. While most child laborers workwithin their households or family businesses, some childrenmay be forced into labor in agriculture, herding livestock, orin the construction industry.Human smuggling is widespread in Somalia, and evidencesuggests that smugglers use the same networks and methods asthose used by trafficking offenders. Men, women, and childrenin internally displaced persons (IDP) camps or congregatedalong coastal areas hoping to be smuggled to nearby Africancountries, Europe, or the Middle East remained particularlyvulnerable to trafficking. There were reports of traffickingoffenders preying on young women and children, mostly IDPsfrom south and central Somalia, at marketplaces and in thestreets, falsely promising them lucrative jobs outside Somalia.Dubious employment agencies facilitate human trafficking,targeting individuals desiring to migrate to the Gulf states foremployment. Somali women are smuggled, sometimes viaDjibouti, to destinations in the Middle East, including Yemenand Syria, as well as to Sudan, Kenya, and South Africa wherethey are subjected to conditions of domestic servitude andforced prostitution. Somali men are subjected to conditionsof forced labor as herdsmen and menial workers in the Gulfstates. Somali children are reportedly smuggled to SaudiArabia through Yemen and then placed into forced begging.Members of the Somali diaspora use fake offers of marriageto lure unsuspecting victims, many of whom are relatives,to Europe or the United States, where they are forced intoprostitution and domestic servitude. Ethiopian women are
48. 380SPECIALCASEsmuggled through Somalia to Yemen and onward to otherdestinations in the Middle East where they are subsequentlyforced into domestic servitude and prostitution.According to the UN, the recruitment and use of children inSomalia’s armed conflict has been increasing over the pastyears, particularly among al-Shabaab, which is estimated tohave abducted as many as 2,000 children for military trainingin 2010 alone (the last year in which reporting is available).UN sources documented 46 incidents of unlawful recruitmentand use of child soldiers by the TFG and its allied militia inJuly and August 2011, and observers recorded that the numberof children wearing TFG uniforms in Mogadishu increasedduring the reporting period; this is believed to be due largelyto a lack of systematic and stringent age screening procedures.During the reporting period, the TFG publicly reiterated itspolicy of not recruiting children into the Somali NationalSecurity Forces. New recruits for TFG forces were screenedfor child soldiers (including a medical screening) beforeinclusion in Uganda-based training programs. Children wereincluded in Somalia’s numerous clan and other militias and,without established birth registration systems, it remaineddifficult to determine the exact age of persons conscriptedinto armed groups.During the reporting period, the terrorist group al-Shabaab usedsystematic force and deception to target vulnerable children,sometimes as young as eight years old, for membership intheir militias. Al-Shabaab reportedly increased recruitment atKoranic and general schools and other educational facilitiesand threatened to punish teachers and parents who refusedto send their children to the training camps. Al-Shabaabcontinued to use children for direct participation in hostilitiesand other support functions in southern and central Somalia,including for planting roadside bombs and other explosivedevices, carrying out assassinations, portering, domesticservitude, and serving as human shields during incursions.The UN reported al-Shabaab’s recruitment of over 180 boysand girls in Lower Juba in May and June 2011 and another168 boys in July and August. Al-Shabaab also continued toforcibly recruit young girls who were then “married” to itsmilitia leaders and used for sexual servitude, logistical support,and intelligence gathering.Government Efforts: The respective authorities operating inSomalia’s three regions made few concrete efforts to addresshuman trafficking during the reporting period; anti-traffickingefforts were weak on all fronts – prosecution, protection, andprevention – in all regions of Somalia. There is a severe lackof capacity in every part of the country to adequately addressthe problem. Understanding of human trafficking and howto identify and address it remained low among governmentofficials and the general population. None of the three regionshave laws that specifically prohibit human trafficking, althoughthe pre-1991 penal code outlawed forced and compulsory labor,and local laws prohibited forced labor, involuntary servitude,and slavery in Somaliland. In December 2010, the PuntlandParliament enacted provisions under Islamic law prohibitingthe death of smuggled or trafficked persons and prescribingpunishments of between one and five years’ imprisonment.In April 2012, Puntland courts sentenced a Somali man to 12years’ imprisonment for attempting to traffic nine childrenbetween the ages of seven and 14 from southern Somalia toYemen, via Puntland, for forced labor. The court transferredcustody of the children to a local UNICEF-funded NGO untiltheir parents could be identified. In 2012, Puntland’s anti-trafficking unit intercepted five children in Galkacyo whothey identified as potential trafficking victims. There were noknown investigations or prosecutions of suspected traffickingcrimes in Somaliland or TFG-controlled areas during thereporting period. No governments provided protective servicesto victims of trafficking, although IOM and local organizationsprovided rented houses and reintegration services to rescuedtrafficking victims in Puntland and Somaliland. These facilitieswere dedicated to trafficking victims and accessible to maleand female Somali and foreign victims. These organizationsalso placed child victims with families for care. During thereporting period, IOM and its local partners provided medicaland psychological assistance, food, clothes, vocational training,and seed money for establishing small businesses to 27 victimsof trafficking – five in Puntland and 22 in Somaliland. IOMreported that clan elders referred a total of 68 suspectedtrafficking victims in Somaliland and Puntland to its attention,including five in Puntland, 62 in Somaliland, and one in Kenya.Neither the governments of Puntland, TFG, nor Somalilandprovided financial or in-kind assistance to these organizations.During the reporting period, Somaliland immigration officials,the Crime Investigation Department within the police, andsocial services providers began using an IOM-developedscreening checklist to refer potential trafficking cases to IOM.Officials from Puntland and Somaliland governments alsoformalized a referral process to guide officials in transferringtrafficking victims detained, arrested, or placed in protectivecustody to NGOs that provided care. In July 2011, TFG forcesarrested and jailed three boys (12, 13, and 14 years of age) forassociation with military activities. Despite requests made bylocal elders, the TFG refused to release the boys.No governments made known efforts to prevent traffickingin persons, neither conducting anti-trafficking informationor education campaigns nor making any discernible efforts toreduce the demand for commercial sex acts. IOM facilitatedthe formation of Counter Trafficking Task Forces (CTTF) inboth Puntland and Somaliland, which were comprised ofrepresentatives from several ministries. It also provided twomonths of training for the task force members to develop actionplans to combat trafficking; however, due to a lack of projectfunding and ministry turn-over in both governments, theaction plans were not completed during the reporting period.In November 2011, the TFG entered into negotiations tofinalize a UN-sponsored action plan to address the recruitmentand use of child soldiers. In December, the TFG’s Chief ofStaff of the National Security Force appointed two childprotection points of contact. The TFG agreed to allow third-party monitoring of its training facilities located in Uganda.Somalia is not a party to the 2000 UN TIP Protocol.