2012 Human Trafficking Report: Countries D-I (3/7)


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2012 Human Trafficking Report: Countries D-I (3/7)

  1. 1. 140DENMARKtighter rules governing the responsible representatives oflabor agencies; provisions requiring labor agencies to havebankruptcy insurance to cover at a minimum three months ofwages for all workers; and prohibiting agencies from assigningthird country nationals to temporary jobs. Under the newregulations, businesses engaged in illegal employment arebarred from government procurement for three years, losetheir business license, and are barred from re-applying for alicense for three years. As a result, the number of employmentagencies with permits dropped from 1,800 to 1,250, reducingthe number of potentially predatory agencies. Some of theseregulations applied primarily to third country nationals, whilethe employment of workers from other EU member states,such as Romania and Bulgaria, were governed by existingEU regulations. As of January 2012, the government adoptedlegislation permitting corporate criminal liability, enablingthe Czech Republic to ratify the United Nations Protocol toPrevent, Suppress, and Punish Trafficking in Persons. In 2011,the Ministry of Interior conducted a study of EU nationals inthe Czech labor market to prepare further activities on labortrafficking. The Czech government enhanced its outreach topotential trafficking victims abroad. The Ministry of ForeignAffairs organized five anti-trafficking trainings for consularofficers, reaching 50 attendees. The government published aRomanian language brochure on labor trafficking to distributeat the Czech Embassy in Bucharest. The government did notprovide specific funding for any major public traffickingawareness raising campaigns this year. The governmentorganized its anti-trafficking efforts through the Ministry ofInterior and through the Inter-Ministerial Coordination Groupfor Combating Trafficking in Human Beings. The NationalRapporteur’s office at the Ministry of Interior prepared acomprehensive annual report on anti-trafficking patterns andprograms, which it released publicly. The government alsoallocated the equivalent of $189,500 for NGO-run preventionactivities. The government funded an NGO-run hotline toidentify victims of trafficking; the hotline received calls from465 separate individuals, of whom thirty were calling onbehalf of groups of potential victims ranging from threeto thirty people. The government took no formal steps toreduce demand for commercial sex acts. The governmentprovided anti-trafficking training to Czech soldiers priorto their deployment abroad on international peacekeepingmissions.DENMARK (Tier 1)Denmark is primarily a destination and transit country forwomen and children from Africa, Southeast Asia, EasternEurope, and Latin America subjected to sex trafficking. Foreignmen and women working in agriculture, domestic and cleaningservice, restaurants, hotels, and factories remain vulnerableto forced labor. Unaccompanied foreign children who arrivein the country every year are vulnerable to human trafficking.Copenhagen’s relatively small red light district representsonly a small portion of the country’s larger commercial sexindustry, which includes brothels, strip clubs, and otherunderground venues.The Government of Denmark fully complies with theminimum standards for the elimination of trafficking. Duringthe year, the government maintained its efforts to investigateand prosecute sex trafficking offenders. The government tooksome important initial steps to address ongoing, seriousconcerns expressed by the anti-trafficking community about itstreatment of trafficking victims as criminal offenders. NGOsreport that potential trafficking victims often remain in jailfor immigration violations or petty crimes if they are notidentified within the 72 hour legal limit within which policeare able to detain a person without referral to a judge. Theinherent challenges of victim identification within this shorttime frame in a detention setting have been noted by countryexperts as a significant impediment to victim identification.Furthermore, the government’s emphasis on the preparedreturn of non-EU trafficking victims to their countries of origin,combined with reliance on rarely used non-trafficking specificmechanisms to grant trafficking victims immigration reliefto stay in Denmark through the course of an investigation,arguably resulted in a disincentive for victims to participatein law enforcement investigations and prosecutions.Recommendations for Denmark: Ensure immigrationstatus concerns do not override Denmark’s obligations toprotect trafficking victims, including children; ensure allpotential trafficking victims are provided with a meaningfulreflection period, consistent with the 2005 Council of EuropeConvention on Action Against Trafficking in Human Beings,Article 13 (Council of Europe Convention), to escape theinfluence of traffickers, begin their recovery, and/or make aninformed decision about cooperating with authorities;continue to follow through on plans to change and implementguidelines for police to take potential trafficking victims toa shelter rather than jail pending their identification, in orderto build trust and increase victims’ incentives to cooperatewith law enforcement; move towards a more victim-centeredapproach by establishing trafficking-specific short-and long-term legal residency for foreign trafficking victims, includingchild victims, more in line with the European Conventionand the Council Directive 2004/81/EC on the residence permitissued to third country nationals who are victims of traffickingin human beings and who cooperate with the competentauthorities; per the government’s new National Action Plan(NAP), issue further guidelines to prosecutors to ceaseprosecution of trafficking victims for crimes they committedas a result of their trafficking; consider strengthening the roleof government social workers and NGOs in the victimcertification process for non-EU foreign victims without legalstatus in Denmark; continue to build capacity to investigateand increase detection of forced labor victims by strengtheninglinks between labor unions and police; continue to vigorouslyinvestigate and prosecute trafficking offenses and convict andsentence sex and labor trafficking offenders under thetrafficking law; ensure traffickers receive sentencescommensurate with the heinous nature of the offense; andconsider appointing a national anti-trafficking rapporteur toimprove anti-trafficking results.ProsecutionThe Government of Denmark maintained its anti-traffickinglaw enforcement efforts in 2011. Denmark prohibits both
  2. 2. DENMARK141sex and labor trafficking through Section 262(a) of itscriminal code, which prescribes punishments of up to eightyears’ imprisonment; these are sufficiently stringent andcommensurate with penalties prescribed for other seriouscrimes, such as rape. In March 2012, the government passeda law increasing the maximum penalty for trafficking to tenyears imprisonment, complying with the EU anti-traffickingdirective. The government reported investigating 14 sextrafficking cases in 2011, compared with 13 cases investigatedin 2010, and prosecuted 13 trafficking suspects during 2011,the same number prosecuted in 2010. Denmark convicted 9sex trafficking offenders in 2011, compared with 11 convictedoffenders in 2010. Penalties for these trafficking offendersranged from nine to 30 months’ imprisonment. Victim serviceNGOs reported the same trafficking offenders continue tooperate with relative impunity within the commercial sex sectorin the country. Furthermore, as noted by country experts, thegovernment’s compressed time table for victim identificationfor detained potential victims provided few opportunities fortrafficking victims to self-identify or to cooperate with lawenforcement. The government commissioned an independentstudy on forced labor in the agricultural and cleaningindustries, thought to be the most vulnerable industriesbesides prostitution. Although the resulting December 2011report concluded that these sectors showed little current threatof trafficking, some country experts questioned the validity ofthe study methodology. The government has yet to prosecuteany labor trafficking offenders in Denmark.ProtectionThe Government of Denmark took initial steps to improveits protection of trafficking victims during the reportingperiod. The government reported that it continued to useproactive victim identification techniques to locate victimsof sex trafficking. During the year, the government identifiedand certified 60 trafficking victims compared with 52 in 2010.Of the identified victims in 2011, two were children. Allvictims received comprehensive services, including medical,dental, psychological, and legal services, although the victimcertification process differed based on immigration status.EU victims were certified by government social workers andwere allowed to remain in Denmark for 3 months if they wereunemployed and indefinitely if they were employed. However,victims without legal immigration status – which generallyincluded the vast majority of non-EU victims – can typicallyonly remain in Denmark beyond the 30-100 day reflectionperiod if they opt for repatriation under the government’sprepared return program or if they apply for asylum. Non-EU victims were certified by the Danish Immigration Service,with input from front-line responders who performed initialassessments, and received 30-100 day “reflection” periodsduring which time they received a stipend. Country andregional experts note that, although all victims (both EU andnon-EU) received support and assistance during this timeand it is referred to as a reflection period, the ultimate aim isto prepare victims for their departure from Denmark in linewith the Aliens Act, rather than creating an opportunity forrecovery and decision-making about cooperation with lawenforcement, as required by the Council of Europe Convention.That convention requires that victims be accorded at least 30days or whatever time would be sufficient to recover, escape theinfluence of their traffickers and make an informed decisionabout cooperating with competent authorities. Consistentwith the Aliens Act, the NAP defines the reflection periodas an “extended time limit from departure.” Because of thegovernment of Denmark’s emphasis on victims’ return, fewvictims were allowed to remain in country long enough tobuild their trust in order to facilitate prosecution of theirtraffickers in 2011.Although Danish authorities assert identified victims areremoved from jails after they are identified, NGOs reportthat potential trafficking victims often remain in jail forimmigration violations or petty crime if they are not identifiedwithin the 72 hour legal limit within which police are able todetain a person without referral to a judge. Experts note that72 hours is an unrealistically short time frame for victimsto self-identify and disclose elements of their exploitationand noted ongoing serious concerns about non-EU potentialtrafficking victims being punished for immigration violationswhile the Danish Immigration Services reviews whetherthey are victims of trafficking in persons. Furthermore, thegovernment’s new NAP states, “if foreign victims of traffickingare only identified after they have had an encounter withthe police, e.g., in connection with police raids within thegroup of women in prostitution, the women often feel undertremendous pressure and the window of opportunity regardingidentification is very small if dealing with a foreign nationalwho is in Denmark illegally.” Although the governmentreported it issued guidelines not to prosecute victims for crimescommitted as a result of their being trafficked, there is nostatutory protection against such prosecutions under Danishlaw. The government’s new National anti-trafficking actionplan called for further guidelines for prosecutors to withdrawcharges for victims for violations committed in the course oftheir trafficking. However, NGOs continued to report caseswere driven by victims’ illegal immigration status or crimescommitted under coercion, resulting in their prosecution orimprisonment; one NGO cited a case of a trafficking victimprosecuted for forced cannabis cultivation.While the government reported offering asylum as a long-term legal alternative to the removal of trafficking victimsto countries where they face retribution or hardship, thestandard for asylum is high and the Denmark governmentgranted asylum for only two trafficking victims in 2011. Therewere no legal provisions entitling trafficking victims to applyfor or receive a residence permit. In fact, Denmark continuedto stand out as the only EU country without this specificlegal protection for trafficking victims. After the 30-100 dayreflection period, victims were repatriated as part of thegovernment’s “prepared return program” unless they applyfor asylum. The government returned 12 trafficking victimsto their countries of origin under this program in 2011; thisis an increase from two victims in 2010. The governmentacknowledged in its recent NAP that relatively few traffickingvictims accept the offer of prepared return. Local and regionalexperts continued to call into question the voluntariness ofaccepting an assisted return from Denmark. The governmentreported it encouraged victims to assist in law enforcementinvestigations. However, it did not provide further informationon the number of victims who cooperated or whether anyassisted in the prosecution of their traffickers.PreventionThe government of Denmark sustained its efforts to preventtrafficking during the reporting period. In November, thegovernment’s Center Against Human Trafficking launchedan outreach program and website aimed at reducing demandfor prostitution called, “Out with the Traffickers.” During
  3. 3. 142DJIBOUTIthe reporting period, this Center also produced a trainingfilm for health professionals and continued to run publicawareness campaigns in various media targeting potentialclients of prostitution. The government released its new anti-trafficking action plan for 2011-2014 during the reportingperiod. Although it contains general aspirations to addresssome of Denmark’s deficiencies, many NGOs question thepolitical will of the government to authentically tackle itstrafficking problem. The Ministry of Defense provided humanrights training to Danish soldiers prior to their deploymentabroad on international peacekeeping missions, whichincluded instruction on its zero-tolerance policy regardinghuman trafficking.DJIBOUTI (Tier 2 Watch List)Djibouti is a transit, source, and destination country formen, women, and children subjected to forced labor and sextrafficking. Large numbers of voluntary and undocumentedeconomic migrants from Ethiopia, Somalia, and Eritrea –including men, women, and children – pass through Djiboutien route to Yemen and other locations in the Middle East;an unknown number of these migrants are subjected toconditions of forced labor and sex trafficking upon arrivalin these destinations. Within Djibouti, this large migrantpopulation, which includes foreign street children, isvulnerable to various forms of exploitation, including humantrafficking. A small number of women and girls may fall victimto domestic servitude or forced prostitution after reachingDjibouti City, the Ethiopia-Djibouti trucking corridor, orObock – the preferred crossing point into Yemen. Djibouti’solder street children reportedly act, at times, as pimps foryounger children. A small number of girls from impoverishedDjiboutian families may be coerced into prostitution by familymembers or other individuals. Members of foreign militariesstationed in Djibouti contribute to the demand for womenand girls in prostitution, including trafficking victims. Streetchildren, including Djiboutian children, are forced by theirparents or other adult relatives to beg as an additional sourceof family income; children may also be recruited from foreigncountries for begging in Djibouti. Children are also vulnerableto forced labor as domestic servants and coerced to commitcrimes, such as theft, often by trafficking networks who forcethe children to use drugs. The Polish government identifiedone Djiboutian trafficking victim in 2011.The Government of Djibouti does not fully comply withthe minimum standards for the elimination of trafficking;however, it is making significant efforts to do so. Despite itsconviction of 20 smugglers, and provision of basic healthcareto undocumented migrants – demonstrating the government’scontinued focus on the smuggling problem that plagues thecountry and its ability to respond to transnational crime– thegovernment did not demonstrate evidence of increasing effortsto address human trafficking during the year; therefore, Djiboutiis placed on Tier 2 Watch List. Specifically, the government didnot take steps to prosecute traffickers or develop proceduresfor the identification of trafficking victims and their referralto available services. Police continued monitoring bars forchild prostitution; however, no investigations, prosecutions,or convictions of pimps or clients were reported and thereis no evidence that children in prostitution were referred tocare. The government did not improve implementation of theprotection or prevention components of its anti-trafficking law,even within the confines of its limited resources and capacity.Recommendations for Djibouti: In implementing Law 210,identifying victims, and combatting trafficking generally,ensure use of a broad definition of trafficking in persons,consistent with the 2000 UN TIP Protocol that does not relyon evidence of movement, but rather on exploitation of thevictim; continue to work with judges, prosecutors, and policeto clarify the difference between cases of human traffickingand alien smuggling; enforce the anti-trafficking statutethrough investigation and prosecution of trafficking offenders,especially those responsible for child prostitution, domesticservitude, or other forced labor offenses and provide data onconvictions and sentences of trafficking offenders; institutea module on human trafficking as a standard part of themandatory training program for new police and border guards;establish policies and procedures for government officials –including health and social welfare officers – to identifyproactively and interview potential trafficking victims andtransfer them to care; expand mechanisms for providingprotective services to victims, possibly through the forgingof partnerships with NGOs or international organizations;form partnerships with local religious leaders, encouragingthem to educate their congregations about trafficking; andlaunch a nationwide anti-trafficking awareness campaign.ProsecutionThe government made minimal efforts to enforce its lawsagainst human trafficking during the reporting period. Inthe previous reporting period the government named adeputy prosecutor as a focal point for all human traffickingprosecutions; however, the government did not prosecute orconvict any trafficking offenders in 2011. Djibouti’s Law 210,“Regarding the Fight Against Human Trafficking,” enacted inDecember 2007, prohibits both forced labor and sex trafficking.It also provides for the protection of victims regardless ofethnicity, gender, or nationality, and prescribes penalties of upto two to five years’ imprisonment, penalties are sufficientlystringent. However, these penalties are not commensuratewith those prescribed for other serious crimes, such asrape. Djiboutian authorities failed to demonstrate efforts toinvestigate or punish domestic servitude, other forced labor,or sex trafficking offenses. The government did not provideanti-trafficking training to officials during the year.ProtectionThe government demonstrated decreased efforts to protectvictims of trafficking during the reporting period and did notprovide shelter or services directly to victims of trafficking.Unlike in 2010, the government did not report the rescue ofany children from prostitution or their referral to care in 2011.With few resources itself and a small pool of underfundedNGO partners, the government had little means with whichto address the needs of trafficking victims during the year.
  4. 4. DOMINICANREPUBLIC143During 2011, IOM identified and repatriated 17 Ethiopian,Somali, and Eritrean trafficking victims in Djibouti, includingfour children and 12 adults. The Ministry of Health in Obockprovided care to African migrants, including food andemergency outpatient care for dehydration, pregnancy, orinjuries received while traveling. The Coast Guard providedwater and bread to migrants aboard smuggling vesselsintercepted at sea and referred them to hospital care if needed.Djiboutian authorities continued to lack a formal systemto proactively identify victims of trafficking among high-risk populations, such as undocumented immigrants andthose arrested for prostitution. The government regularlydeported undocumented foreigners and did not screen forindicators of human trafficking. Additionally, the governmentdetained street children, including potential trafficking victims,following sweeps to clear the streets in advance of holidays ornational events. Although victims of trafficking were permittedto file civil suits against their traffickers, there did not appearto be encouragement from the government for victims to assistin criminal investigations of their traffickers. Foreign victimsof trafficking are not offered legal alternatives to removal tocountries in which they may face hardship or retribution.PreventionThe government made modest efforts to prevent traffickingduring the year. It remains unclear whether the government’sworking group on trafficking, led by the Ministry of Justice,met during 2011 or finalized the national anti-traffickingaction plan. The government continued its partnership withIOM to inform migrants of the potential dangers of irregularmigration through billboard, radio, and television campaigns.The Ministry of Justice, in partnership with IOM, created anddistributed a French-language pamphlet to raise awarenessof trafficking in persons among the Djiboutian population.In January 2012, the Governments of Djibouti and Ethiopiasigned an “Agreement to Combat Illegal Immigration andHuman Trafficking” and a Memorandum of Understandingon labor exchange that establish legal recognition of andaccess to labor protection for undocumented Ethiopiansresiding in Djibouti. In fall 2011, the government created theDjiboutian Coast Guard, which interdicted 20 overloadedboats of Ethiopians and Somalis making the water crossingto Yemen during the year. The government did not take anyknown measures to reduce the demand for commercial sexacts or forced labor; the Ministry of Labor did not conductany child labor inspections in 2011.DOMINICAN REPUBLIC (Tier 2)The Dominican Republic is a source, transit, and destinationcountry for men, women, and children subjected to sextrafficking and forced labor. Reports indicate that Dominicanwomen and children are subjected to sex trafficking throughoutthe Dominican Republic, the Caribbean, Europe, SouthAmerica, the Middle East, and the United States. Additionally,child sex tourism is a problem, particularly in coastal resortareas of the Dominican Republic, with child sex touristsarriving year-round from the United States and Europeancountries. Dominican officials and NGOs have documentedcases of children being forced into domestic service, streetvending, begging, agricultural work, and construction.Reportedly, forced labor of adults exists in construction, somesectors of agricultural production, and service sectors. Streetchildren and the large population of undocumented or statelesspeople of Haitian descent are groups particularly vulnerable totrafficking, though authorities identified Dominican victimsin the Dominican Republic as well.The Government of the Dominican Republic does not fullycomply with the minimum standards for the elimination oftrafficking; however, it is making significant efforts to do so.During the reporting period, the government made notableprogress in identifying and assisting child trafficking victimsas well as convicting child trafficking offenders. Authoritiescontinued to face challenges in addressing official complicity,proactively identifying and protecting adult trafficking victims,coordinating the government’s anti-trafficking efforts, andaddressing the demand for human trafficking within thecountry.PRecommendations for the Dominican Republic: Vigorouslyprosecute and punish offenders involved in the trafficking ofchildren and adults, including public officials complicit inforced prostitution or forced labor; encourage the identificationand documentation of more victims by working with NGOsto establish formal procedures for officials’ identification ofadult and child trafficking victims, especially those in thelegalized sex trade, and referring them to available services;ensure adequate shelter and services are available to adultmale victims; establish formal legal alternatives to removalfor foreign victims to countries where they would faceretribution or hardship; empower an interagency task forcethat meets regularly and is made up of police, prosecutors,victim services providers, and NGOs with tools and resourcesto ensure coordination of anti-trafficking efforts, justice forperpetrators, and restorative care for victims; implement aforced labor and forced prostitution awareness campaign inSpanish and Creole that targets the demand for commercialsex acts and forced labor as well as trafficking victims.ProsecutionThe government made clear progress in prosecuting traffickingoffenders during the reporting period. Dominican Law 137-03 of 2003 prohibits all forms of human trafficking andprescribes penalties of up to 20 years’ imprisonment with fines.Such penalties are sufficiently stringent and commensuratewith those prescribed for other serious crimes, such as rape.The government reported at least 39 new human traffickinginvestigations during the reporting period, an increasefrom 35 investigations last year, and 14 new sex traffickingprosecutions and eight forced labor prosecutions, a notedimprovement from the lack of any confirmed prosecutions lastyear. The government also reported five new convictions for sextrafficking offenders, all of which involved child sex trafficking;this contrasts with no convictions reported in the precedingreporting period. Convicted offenders received sentencesranging from one to ten years’ imprisonment. One sentence– for two years’ imprisonment – was suspended, and one
  5. 5. 144ECUADORprosecution resulted in an acquittal that the government hassince appealed. Official complicity with trafficking remained aproblem, but the government did not report any prosecutions,convictions, or sentences of trafficking officials complicit inhuman trafficking during the reporting period. Despite thelack of prosecutions of government officials, the Dominicangovernment demonstrated a willingness to investigate possibletrafficking cases with potential official ties. One alleged caseof prostitution of a child involving members of the militarywas swiftly investigated, the military members were detained,and the case was referred to civilian prosecutors for action.In this particular instance, officials determined the case didnot involve child trafficking. In labor trafficking cases thatalso involved other labor violations, the prosecution of thetrafficking case reportedly was conditional on the success ofthe separate labor violation proceedings, and in cases wherethe labor proceeding was dismissed or withdrawn due to victimintimidation or bribery, the trafficking case was brought toa standstill.In February 2012, the District Attorney for Santo Domingoannounced the creation of a new dedicated unit to investigateand prosecute cases of trafficking. The government reported itspent the equivalent of over $112,000 on trafficking-specifictraining during the reporting period, including the Ministryof Foreign Affairs’ specialized training for ministry officialsand 467 members of the Tourism Police.ProtectionThe government made progress in the identification andprotection of child trafficking victims during the reportingperiod, though progress in the identification and protectionof adult victims was less apparent. During the reportingperiod, the government reportedly identified 76 adult andchild trafficking victims. It was not clear how many of thesevictims were in forced labor or sex trafficking. The DominicanRepublic’s trafficking statute mandates that trafficking victimsshall receive physical, psychological, and social assistance,as well as advice and information regarding their rightsfrom government agencies in coordination with NGOs. Thegovernment did not report the amount of funding that itspent on trafficking victim protection during the year. Thegovernment operated short-term shelter facilities for adultfemale and child trafficking victims during the reportingperiod; however, it did not offer specialized care for maletrafficking victims. The government’s child protection agencyreported assisting 60 child trafficking victims in cooperationwith NGOs during the reporting period. The government didnot, however, provide data on the number of adult traffickingvictims, if any, to whom its agencies offered assistance. Thegovernment did not develop or implement formal proceduresto guide many front-line responders, such as police, laborinspectors, and health workers, on how to proactivelyidentify trafficking victims among vulnerable groups, suchas people in the Dominican Republic’s legalized sex tradeand migrant workers, and refer them to available services.However, the Ministry of Foreign Affairs, in partnershipwith IOM, developed and disseminated a comprehensiveconsular manual on addressing human trafficking casesand assisted with the rescue and repatriation of at least sixDominican trafficking victims during the reporting period. Thegovernment did not provide formal long-term reintegrationassistance programs for repatriated Dominican traffickingvictims, or legal alternatives to foreign victims’ deportation,though the government provided limited immigration relieffor Haitian child victims of trafficking displaced as a resultof the earthquake. Although the Dominican trafficking lawprotects victims from being punished for crimes committedas a direct result of their being trafficked, there were reportsof some victims being detained and fined by law enforcement.PreventionThe government made some progress in the prevention ofhuman trafficking during the reporting period. The government,in partnership with NGOs, undertook some public awarenessefforts to clarify the difference between human traffickingand human smuggling. The Office of the First Lady launchedan anti-trafficking website to provide information on the legalframework, government institutions and NGOs addressingtrafficking, as well as a mechanism for victims to report cases.In addition, the Ministry of Foreign Affairs and Ministry ofWomen continued additional anti-trafficking campaigns. TheGeneral Migration Directorate carried out a national radiocampaign to create awareness about the exploitation of streetchildren. The Dominican government announced a plan toissue identity cards to resident and nonresident temporaryworkers, including undocumented Haitians, although theMinister of Migration noted that workers must first presentproof of citizenship in order to receive the cards. The Ministryof Foreign Affairs chaired an interagency anti-traffickingcommission. There were reports that the commission hashad limited effectiveness as a coordinating body because itlacked adequate staffing and did not hold regular meetings.The Dominican government, with assistance from a foreigngovernment, maintained a specialized police unit empoweredto vigorously investigate and prosecute child sex tourism casesin the Dominican Republic. The Office of the First Lady signeda memorandum of understanding with an NGO to educatetravel agency workers on human trafficking. The governmentdid not undertake efforts to reduce the demand for commercialsex acts or forced labor during the reporting period.ECUADOR (Tier 2 Watch List)Ecuador is a source, transit, and destination country for men,women, and children subjected to sex trafficking and forcedlabor. The majority of trafficking victims are believed to bewomen and children recruited within the country from borderand central highland areas and moved to urban centers wherethey are exploited for sex trafficking, as well as for domesticservitude, forced begging, and forced labor in mines and otherhazardous work. Indigenous Ecuadorians are vulnerable toforced labor. Some families reportedly allowed traffickerstemporarily to take their children in order to earn money eitherwithin the country and or in neighboring countries; thesechildren are forced to work as domestic servants, street vendors,and beggars. There also have been reports of Ecuadorianchildren being forced to engage in criminal activity, suchas drug trafficking and robbery, and Ecuadorian childrenhave been recruited by armed groups along the northernborder with Colombia. Ecuadorian children were identified insituations of forced labor in Brazil and Venezuela during theyear. Ecuadorian women are subjected to forced prostitutionin Colombia, Peru, and Spain. Ecuador is a destination forColombian and Peruvian women and girls exploited in sextrafficking. Colombian refugees and migrants are subjected toforced labor in palm oil plantations. There were limited reports
  6. 6. ECUADOR145of child sex tourism involving Ecuadorian citizens visitingtourist destinations, such as Tena and the Galapagos Islands.The Government of Ecuador does not fully comply withthe minimum standards for the elimination of trafficking;however, it is making significant efforts to do so. During theyear authorities increased efforts to investigate traffickingoffenses by establishing a dedicated anti-trafficking policeunit, and supplemented the number of centers providinggeneral assistance to at-risk youth, including trafficking victims.However, the government did not convict any traffickingoffenders during the year, official complicity continued tobe a significant and largely unaddressed problem, and victimservices remained minimal in many parts of the country;therefore, Ecuador is placed on Tier 2 Watch List for the secondconsecutive year.Recommendations for Ecuador: Match the increased effortto investigate and prosecute trafficking offenses with an effortto convict and punish trafficking offenders, including publicofficials complicit in trafficking crimes; develop and implementformal procedures for identifying trafficking victims amongvulnerable populations, such as those in prostitution or amongchild and migrant workers; increase funding for specializedcare services for trafficking victims, including for adults;increase anti-trafficking training for local police officers, judges,labor inspectors, immigration officials, social service workers,and other government officials; provide foreign victims withformal legal alternatives to their removal to countries wherethey may face hardship or retribution; enhance data collectionand coordination; and increase public awareness of all formsof human trafficking.ProsecutionThe government made uneven progress in its law enforcementefforts against trafficking in persons crimes last year. Ecuadorprohibits all forms of human trafficking in Article 190 of itspenal code, amended in 2005, which prescribes punishmentsof six to nine years’ imprisonment for labor trafficking offenses,and eight to 12 years’ imprisonment for sex trafficking offenses.Such penalties are sufficiently stringent and commensuratewith those prescribed for other serious crimes, such as rape.Other statutes, including those prohibiting various formsof sexual exploitation, also are used to prosecute humantrafficking crimes.In July 2011, the government established an anti-traffickingpolice unit with a staff of 14 in Quito to improve efforts toidentify and investigate trafficking cases. During the previousyear, the police unit responsible for investigating all crimesagainst children had been responsible for trafficking casesbut was unable to report how many were investigated. Theorganized crime prosecutorial unit continued to handletrafficking cases with insufficient resources to deal with alarge caseload. Data collection on trafficking crimes remaineduneven.The new police unit reported initiating 49 traffickinginvestigations between June and December 2011, with asignificant number of cases involving forced labor. Authoritiesreported that all of these investigations led to prosecutions,due to a new policy of police and prosecutors working closelyduring the investigative stage. However, the governmentdid not report any convictions for human trafficking in2011; while authorities achieved convictions under statutesprohibiting various sexual crimes, there was no disaggregateddata available to confirm whether any of these convictionswere for human trafficking crimes. In comparison, officialsreported convicting three sex trafficking offenders in 2010.Some judges demonstrated a lack of knowledge abouttrafficking: one judge dismissed a child sex trafficking casebecause prostitution is legal over the age of 18, while anotherdismissed a domestic servitude case on the grounds that theaccused were helping the victim by providing food and shelter.Other judges reduced charges of trafficking to charges ofpimping or disappearance, crimes that carry shorter sentences.Civil society organizations and some officials noted thatcorruption impeded investigation and prosecution efforts.According to NGOs, police officers were partners in brothelsthat employed women and girls with false documentation, civilregistry officials issued false identity documents to children,and police threatened Colombian women with deportation inorder to obtain sexual favors. Some corrupt officials allegedlyinformed traffickers prior to law enforcement operations.Despite these reports of trafficking-related corruption, noprosecutions or convictions of complicit officials took placelast year, although one local government official reportedlywas under investigation for trafficking offenses. The specializedpolice unit trained several thousand police officers in sevencities, and officials attended other training sessions providedby international organizations. Ecuadorian officials partneredwith Venezuelan, Brazilian, and Colombian authorities toinvestigate several international labor trafficking cases.ProtectionThe Ecuadorian government sustained limited protections forvictims of trafficking throughout the year. Authorities reportedcontinued efforts to remove children from commercial sexualexploitation but did not have systematically applied proceduresto identify adult victims among vulnerable populations, suchas women in brothels. Authorities referred victims to servicesthrough the National Institute for Children and Families,although NGOs noted that sometimes cases were not properlyreferred. There was no reliable estimate of the total numberof trafficking victims identified during the reporting period,although one NGO reported assisting more than 79 childsex trafficking victims at its shelter, and the dedicated policeunit reported rescuing 12 victims – four were victims of sextrafficking, while the rest were victims of forced labor, andseven were children.One NGO maintained a dedicated shelter capable of caringfor 25 girl sex trafficking victims at a time, and was almostalways at capacity. There were few specialized services andno specialized shelters for adult trafficking victims or forboys. Authorities reported that child victims could receivegeneral care services through a network of government-runat-risk youth protection centers that expanded from 43 to 86over the last year. However, there were no data on how manychild trafficking victims were helped at these centers, norwere all of these centers able to provide adequate services or
  7. 7. 146EGYPTprotection for trafficking victims. The government providedlimited funds to other general-purpose shelters operated bycivil society organizations. In addition to these short-termservices, the government reported providing victims withcounseling, protection, job training, and educational trainingbut did not report how many victims received these servicesduring the year.The government encouraged victims to assist with theinvestigation and prosecution of trafficking offenders, andat least one victim did so during the year. The governmentmaintained and funded a victim and witness protectionprogram, although this program had insufficient resourcesfor adult victims. Many victims chose not to participate ininvestigations due to inadequate protection or lack of faithin the justice system. Authorities did not penalize identifiedtrafficking victims for unlawful acts committed as a directresult of their being trafficked. The Ecuadorian governmentdid not provide legal alternatives to the removal of foreignvictims to countries where they faced hardship or retribution,although it often allowed identified foreign victims to remainin the country temporarily. In the past, however, there werereports that some foreign victims were not identified and weredeported instead of receiving care services. The governmentreportedly provided victim services to repatriated Ecuadoriantrafficking victims.PreventionThe Government of Ecuador maintained trafficking preventionefforts last year. The interagency anti-trafficking working groupreportedly began meeting on a biweekly basis in late 2011,and the Ministry of the Interior created an anti-traffickingsub-directorate to coordinate government anti-traffickingefforts. A draft national anti-trafficking plan, which includeda budget and sought to address challenges such as poor datacollection mechanisms and limited funding, was discarded,and officials reported using the 2006 anti-trafficking plan. TheMinistry of Tourism continued an awareness campaign aimedat preventing sexual exploitation of children in tourist areas.Local authorities worked with an international organizationand with NGOs to conduct awareness and preventionactivities in their localities. The government continued tofund a campaign to prevent seasonal begging, a practicethat sometimes involves forced child labor. Most awarenessefforts focused on child sexual exploitation or child labor.The government did not report steps to reduce demand forcommercial sex acts purchased from adults or forced laborduring the reporting period.EGYPT (Tier 2)Egypt is a source, transit, and destination country for womenand children who are subjected to conditions of forced laborand sex trafficking. Men and women from Egypt, South andSoutheast Asia, and Africa may be subjected to forced labor inEgypt. Workers in domestic service in Egypt may have beenheld in conditions of forced labor, including foreign womenfrom Indonesia, the Philippines, Sudan, Eritrea, Ethiopia,and possibly Sri Lanka; Indonesians make up the largestnumber of foreign domestic servants, including those that areheld in conditions of forced labor. Some of these conditionsinclude no time off; sexual, physical, and emotional abuse;withholding of wages and documents; and restrictions onmovement. Employers may use the domestic workers’ illegalstatus and lack of employment contracts as coercive tools.During the reporting period, there has been an increase inforeign migrants, particularly from Eritrea, Sudan, and to alesser extent Ethiopia, who are smuggled or kidnapped byorganized criminal groups and, in many cases, held captiveunder extended periods in the Sinai by Bedouin and otherEgyptian smugglers as they attempt to migrate to Israel. Anincreasing number of these migrants are reportedly forcedinto sexual servitude or forced labor during their captivity,based on documented victim testimonies; in many cases, therewere also allegations of extreme torture. As many as 2,000migrants, including men, women, and children, cross theIsraeli border from the Sinai every month; Egyptian borderpatrols commonly shoot and sometimes kill these migrants,some of whom may be trafficking victims, as they attempt tocross the Israeli border. Young and middle-aged Egyptian menfilled construction, agriculture, and low-paying service jobsin Jordan; NGO and media reports indicate some Egyptiansare forced to work in Jordan and experience the withholdingof passports, forced overtime, nonpayment of wages, andrestrictions on their movements.Some of Egypt’s estimated 200,000 to one million streetchildren – both boys and girls – are subjected to sex traffickingand forced begging. Informal criminal groups are sometimesinvolved in this exploitation. Egyptian children are recruitedfor domestic service and agricultural labor; some of thesechildren face conditions indicative of forced labor, such asrestrictions on movement, nonpayment of wages, threats, andphysical or sexual abuse. In addition, wealthy men from theGulf, including Saudi Arabia, the United Arab Emirates, andKuwait reportedly continue to travel to Egypt to purchase“temporary” or “summer marriages” with Egyptian females,including girls who are under the age of 18; these arrangementsare often facilitated by the females’ parents and marriagebrokers who profit from the transaction. Children involvedin these temporary marriages suffer both sexual servitudeand forced labor as servants to their “husbands.” Child sextourism occurs in Egypt, particularly in Cairo, Alexandria,and Luxor. Egypt is a destination country for women andgirls forced into prostitution, including refugees and migrants,from Asia and sub-Saharan Africa and to a lesser extent theMiddle East. In previous reporting periods, some evidencesuggested that Egypt is a transit country for women fromeastern European countries trafficked to Israel for commercialsexual exploitation; however, little evidence indicates thatthis is still a preferred trafficking route.The Government of Egypt does not fully comply with theminimum standards for the elimination of trafficking, butit is making significant efforts to do so. Due to prolongedpolitical unrest, the Government of Egypt was unable toprovide law enforcement and prosecution data on its efforts tocombat trafficking during the reporting period. However, Egyptoperated shelters, provided services for victims, and providedin-kind assistance to IOM to operate a shelter for victims oftrafficking in Cairo. Egypt continued to develop strategies toimplement its comprehensive action plan to address all aspectsof trafficking; the government completed a national victimreferral mechanism to facilitate victim identification andtreatment, in cooperation with IOM. However, the governmentdid not proactively identify victims of trafficking amongvulnerable groups, and the government’s capacity to do soremained limited. The government also did not report any
  8. 8. EGYPT147significant efforts to address forced child labor in domesticservitude and forced domestic labor of female migrant workers.Moreover, Egypt failed to investigate and prosecute governmentofficials who were complicit in trafficking offenses, particularlythe forced labor of domestic workers in their private residences.The government’s security forces continued a practice ofshooting foreign migrants in the Sinai, including possibletrafficking victims.PRecommendations for Egypt: Implement the 2010 anti-trafficking law and the 2008 child trafficking law by increasinginvestigations and prosecutions against all forms of trafficking,including against domestic servitude and other forms of forcedlabor, as well as forced prostitution; cease shooting foreignmigrants, including possible trafficking victims, along theSinai border, and make efforts to identify and assist victimsof trafficking among foreign migrants exploited in the Sinai;undertake greater efforts to investigate, detain, prosecute, andpunish smugglers, including in the Sinai, for trafficking victimsfrom the Horn of Africa to Israel; utilize the national victimreferral mechanism to better institute and apply formalprocedures to identify victims of trafficking among vulnerablegroups, including those arrested for prostitution, streetchildren, and undocumented migrants; ensure identifiedtrafficking victims, including those subject to forcedprostitution, are not punished for unlawful acts committedas a direct result of being trafficked; further expand the scopeof protection services and make these services available to allvictims of trafficking; encourage victims of trafficking to assistin investigations against their traffickers; assess the potentialfor forced labor and related offenses among domestic servants;improve legal protections for domestic workers; make greaterefforts to investigate and punish government officials complicitin trafficking offenses; continue to implement the nationalaction plan on human trafficking; and raise awareness on thedefinition and dangers of trafficking among the public andgovernment officials.ProsecutionThe Government of Egypt made minimal progress in itsanti-trafficking law enforcement efforts during the reportingperiod. Egypt prohibits all forms of human trafficking throughits 2010 anti-trafficking law, which prescribes penalties fromthree to 15 years’ imprisonment along with fines ranging from$8,300 to $33,300. These penalties are sufficiently stringentand commensurate with penalties prescribed for other seriousoffenses, such as rape. Amendments to the Child Law (No.126 of 2008) include provisions prohibiting the sex traffickingof children and forced labor, which prescribe sentences of atleast five years’ imprisonment, which are sufficiently stringentand commensurate with penalties prescribed for other seriouscrimes. Due to sustained political instability and unrest, anda concomitant diminishment in capacity of the country’spolicing and court functions, the government did not reportdata on its efforts to investigate, prosecute, convict, or punishtrafficking offenders using the 2010 law, nor did it provideofficial data on investigating and prosecuting “summermarriages” under the Child Law or other criminal codes. Thegovernment, however, reportedly cooperated with Indonesiaon investigations into allegations of abuse of Indonesian femaledomestic workers in Egypt. Despite this effort, internationalorganizations and source country embassies report that theGovernment of Egypt failed to investigate accusations thatmultiple government officials, including judges, Ministry ofthe Interior officials, and other high level government leaders,forcibly held Indonesian domestic workers inside their homes,and in some cases physically and sexually abused them. Atthe end of this reporting period, the women were still beingheld in conditions of forced labor without pay or access totravel documents. The government did not report any effortsto punish government officials for complicity in traffickingoffenses during the reporting period. The government providedtrafficking-related trainings, but owing to a lack of resourcesand budget constraints, relied in many cases on supportfrom international organizations and NGOs. Six-hundredgovernment officials and NGO workers participated inNational Council for Childhood and Motherhood (NCCM)-organized and IOM-funded trainings on trafficking issues.NCCM reported providing another 800 officials with in-house anti-trafficking training using its own resources. Thegovernment, in conjunction with IOM, also distributed 500copies of victim identification guidelines – with copies of therelevant laws – for investigating and prosecuting traffickingoffenses to government officials, including law enforcement,immigration, medical, and social service officials.ProtectionThe Government of Egypt made significant, yet uneven,progress in its efforts to protect victims of trafficking duringthe reporting period. The government, in partnership withinternational organizations and NGOs, provided shelter anda range of protective services to trafficking victims during thereporting period; however, most government officials failedto employ victim identification and referral procedures toproactively identify victims among vulnerable groups, thustreating many trafficking victims as criminals. A joint IOM-NCCM shelter designated for female and child traffickingvictims provided female victims of forced prostitution andforced labor with medical, psychological, legal, vocational,and repatriation assistance. The facility provided shelter for12 victims for up to three months; the shelter was usually atfull capacity, indicating a need for additional space or shelters.The Ministry of Health, with international assistance, beganoperation of a treatment center for victims of trafficking in aCairo hospital. This day facility served four or five victims a dayby the end of the reporting period; however, it is not intendedas an overnight or long-term facility. With internationalassistance, the Ministry of Social Affairs opened a new shelterin Cairo during this reporting period to assist vulnerablechildren, including trafficking victims, with walk-in services,an overnight shelter, and a juvenile detention center; it isunknown how many child trafficking victims the shelterassisted during the reporting period. However, many othergovernment facilities for street children were reportedly indisrepair, lacked funds, and were not prepared to specificallyidentify and assist trafficking victims. There were reports,however, that government officials who visited one sheltersuggested that a child trafficking victim return to her family,despite the fact that the family was involved in the trafficking.IOM and NCCM provided protection and assistance to 122victims of trafficking from January 2011 to February 2012. The
  9. 9. 148ELSALVADORmajority of these victims were Indonesian; 75 of them werevictims of forced labor, 31 were victims of sexual exploitation,two were victims of child marriage, and one was a victimof forced begging. In addition, an international NGO, inpartnership with the government, continued to run a daycenter in Cairo to care for abused street boys involved inforced begging or petty crime; the center provided counseling,medical care, and literacy and computer classes. In anotherpositive development from the previous reporting period,the government adopted a formal IOM-recommended victimreferral mechanism in February 2012, which designates NCCMas the approved entity for victim screening and identificationand case management; the referral mechanism was developedto identify victims and refer them to shelter, medical, legal,and other services.Despite the adoption of the victim referral mechanism, mostgovernment personnel did not systematically employ victimidentification and referral procedures to proactively identifyand assist trafficking victims among vulnerable groups duringthe majority of the reporting period. As a result, traffickingvictims, including many street children, women in prostitution,and some foreign migrants held in the Sinai, were often treatedas criminals rather than victims; some were prosecuted oncharges of prostitution, robbery, or immigration violations.Anecdotal reporting suggests that some trafficking victimswere deported during the reporting period. In early 2011, thegovernment’s National Center for Social and CriminologicalResearch found that 40 percent of women in jail charged withcrimes of prostitution were forced or coerced into prostitutionthrough methods of trickery, threat, or rape. In addition, lawenforcement officers may have further mistreated traffickingvictims, including minor girls, through verbal, physical, andsexual abuse. Egyptian border security personnel in theSinai continued to shoot some undocumented migrantsattempting to enter Israel, including suspected traffickingvictims, often killing them. Egyptian authorities made noattempt to identify trafficking victims among these migrantstransiting the Sinai. Some children may be sent to juveniledetention centers that are in poor condition, while others maybe subject to incarceration with adults despite the Child Law,which prohibits this practice. Some foreign trafficking victimswere not offered legal alternatives to removal to countries inwhich they faced hardship or retribution. The governmentdid not actively encourage victims to assist in investigationsagainst their traffickers. Domestic workers were not coveredby existing labor laws, making them vulnerable to abuse andforced labor.PreventionThe government made some efforts to prevent traffickingin persons during the reporting period. The governmentcontinued to implement its 2010 comprehensive nationalaction plan to combat trafficking in persons in the areas ofcooperation with international and local NGOs and developingvictim identification procedures, though political instabilityand lack of funding hindered full implementation of theplan. NCCM organized, and sometimes funded, trainingsthat addressed victim identification and victim protectionmeasures for over 1,400 government and NGO officials. Thegovernment actively cooperated with international donors ondefined benefit and education programs to prevent traffickingand forced child labor in agriculture. Unlike the previousreporting period, the government did not engage in anti-trafficking information or education campaigns. There wasno evidence that the government took measures to preventforced domestic servitude, though the government began astudy to determine the scope of forced child labor in domesticservitude. The government did not make efforts to reducethe demand for commercial sex acts or to raise awarenessof sex tourism. While there were no reports of governmentefforts to provide anti-trafficking training for its troops beforedeploying them to international peacekeeping missions, thegovernment provided training to 25 judges who will participatein peacekeeping operations with Egyptian troops.EL SALVADOR (Tier 2)El Salvador is a source, transit, and destination country forwomen, men, and children who are subjected to sex traffickingand forced labor. Women and girls, many from rural areas ofEl Salvador, are exploited in sex trafficking in urban centers.Some Salvadoran adults and children are subjected to forcedlabor in agriculture, domestic service, and forced begging.The majority of foreign victims are women and children fromneighboring countries, particularly Nicaragua, Guatemala,and Honduras, who migrate to El Salvador in response to joboffers, but are subsequently forced into prostitution, domesticservice, construction, or work in the informal sector. Gangscontinued to use children for illicit activities, in some casesusing force or coercion, and police reported that over 2,500gang members detained in 2011 were children. Salvadoranshave been subjected to sex trafficking and forced labor inGuatemala, Mexico, Belize, and the United States. Membersof organized criminal groups are reportedly involved in sometrafficking crimes in El Salvador.The Government of El Salvador does not fully comply withthe minimum standards for the elimination of trafficking;however, it is making significant efforts to do so. During thereporting period, the government increased its convictions ofsex trafficking offenders and maintained a shelter for underagevictims of sex trafficking. However, there was little informationregarding victims identified or assisted, minimal specializedservices for adult victims, and only modest interagency publicawareness efforts.Recommendations for El Salvador: Provide comprehensivevictim services and assistance for victims, particularly foradults, through increased funding for such services; strengthenefforts to investigate and prosecute trafficking offenses, andto convict and sentence trafficking offenders, includinggovernment officials complicit in trafficking offenses;proactively investigate possible cases of forced labor, includingdomestic servitude; increase training on victim identificationand assistance for local immigration, law enforcement, andjudicial officials; enhance funding and capacity for specializedpolice and prosecutorial anti-trafficking units; establish formalmechanisms for identifying victims among vulnerablepopulations; provide foreign victims with legal alternatives
  10. 10. EQUATORIALGUINEA149to their deportation; improve data collection capacity regardingvictim identification and care; and increase public awarenessof all forms of human trafficking.ProsecutionThe Government of El Salvador’s law enforcement effortsagainst human trafficking during the reporting period includedincreased convictions of traffickers; however, official complicityremained a problem. Article 367B of the Salvadoran PenalCode prohibits all forms of human trafficking and prescribespenalties of four to eight years’ imprisonment. Such penaltiesare sufficiently stringent, though not commensurate withpenalties prescribed for serious offenses such as rape, whichcarries a punishment of six to 20 years’ imprisonment. Casesinvolving children who may have been forced by gangs toengage in illicit activities were not investigated or handled aspotential trafficking cases, despite indications that force orcoercion may have been involved. The government’s dedicatedanti-trafficking police and prosecutorial units were located inthe capital, and officers highlighted the need for more effectiveinvestigative efforts at the local level. During the year, policesignificantly increased the number of “work teams” in thespecial unit for investigation of trafficking, smuggling, andcrimes against sexual liberty, from three to eight.Officials reported investigating 76 potential cases of humantrafficking in 2011. Authorities prosecuted fifteen traffickers,and obtained nine convictions for sex trafficking with imposedsentences ranging from four to nine years’ imprisonment.This is an increase compared with five prosecutions andthree convictions reported in 2010. There was no informationavailable regarding the investigation of the former head of thededicated prosecutorial anti-trafficking unit for trafficking-related complicity. NGOs reported that corruption is asignificant obstacle to trafficking convictions. In November2011, a judge dismissed charges against nine suspects in a childsex trafficking case and stated that the underage victim shouldhave been prosecuted for having false identity documents; theattorney general’s office is appealing the case. Dependence onwitness testimony in the judicial process and the absence ofwitness protection provisions left victims and their familiesvulnerable to threats. Some officials demonstrated a limitedunderstanding of human trafficking. During the reportingperiod, the government conducted investigations with othergovernments and extradited a trafficking suspect from theDominican Republic.ProtectionThe Salvadoran government maintained a shelter for underagegirls who were victims of sex trafficking in the capital, butservices for other victims remained minimal. Immigrationofficials continued efforts to identify possible traffickingvictims in border regions, notifying the police and referringvictims to care facilities; in general, however, the Salvadorangovernment did not proactively identify trafficking victimsamong vulnerable populations, such as people in prostitutionor migrant laborers. The government’s San Salvador shelteraccommodated up to 15 girls at a time and offered victimspsychological and medical care as well as education andvocational training; victims could not leave the shelterunaccompanied. During the year 22 victims received assistanceat this shelter. Most assistance and services, including shelter,were not readily accessible to adults or male children, andmany services, including vocational training, were providedby NGOs and international organizations. The governmentdid not report funding civil society organizations to providecare to trafficking victims.Authorities did not report the number of victims identified orassisted during the year, but noted that 26 victims were involvedin the 76 cases under investigation. Authorities encouragedidentified victims to assist with law enforcement efforts andprovided limited psychological and medical assistance tothose who did; 24 victims participated in investigations orprosecutions of their traffickers during the reporting period.Other victims chose not to assist law enforcement effortsdue to social stigma, fear of reprisals from their traffickers,or lack of trust in the judicial system. Identified traffickingvictims generally were not charged, jailed, or penalized forunlawful acts committed as a direct result of being trafficked.The government offered no legal alternatives to the removalof foreign victims to countries where they may face hardshipor retribution.PreventionThe Salvadoran government maintained modest preventionefforts during the reporting period. In July 2011 thegovernment replaced its anti-trafficking committee witha new anti-trafficking council. This move was intended toreflect a higher level of commitment to the issue, but the newcouncil was not noticeably active during the reporting period.The government indicated it maintained a campaign aboutchild sex tourism, but there were no details, and authoritiesdid not report identifying or investigating any cases of childsex tourism during the year. No specific government efforts toreduce demand for commercial sex acts or forced labor werereported over the last year.EQUATORIAL GUINEA (Tier 3)Equatorial Guinea is a source and destination for women andchildren subjected to forced labor and sex trafficking. Themajority of trafficking victims are believed to be exploitedin Malabo and Bata, where burgeoning construction andeconomic activity funded by oil wealth has contributed toincreases in the demand for cheap labor and commercialsex acts. Children are transported from nearby countries– primarily Nigeria, Benin, Cameroon, Togo, and Gabon –and may be forced to work as domestic servants, marketlaborers, ambulant vendors, and launderers. In some instances,distant relatives claiming to be their parents are responsiblefor subjecting these children to forced labor. Equatoguineangirls, some as young as 14 or 15, are victims of sex traffickingin Malabo and Bata, and reports indicate some parents mayencourage their daughters to engage in prostitution, especiallywith foreigners, in order to receive groceries, gifts, housing, andmoney. Women from Cameroon, Benin, and other neighboringcountries are recruited for work in Equatorial Guinea, butmay be subsequently subjected to forced labor or forcedprostitution. Some Chinese women migrate to EquatorialGuinea for work or to engage in prostitution and may be subjectto passport confiscation. In 2011, an Equatoguinean womanwas identified and rescued from forced prostitution in Spain.Sub-contractor staff in the oil services and construction sectors,including migrants from Africa, Asia, and the Americas, maybe vulnerable to forced labor, as they reportedly endure sub-
  11. 11. 150EQUATORIALGUINEAstandard working conditions and, in some instances, may besubject to passport confiscation.The Government of Equatorial Guinea does not fully complywith the minimum standards for the elimination of traffickingand is not making significant efforts to do so. Over the reportingperiod, the government neither identified a single victim ofhuman trafficking nor made any efforts to provide victimsof trafficking with protective services, despite the mandateto do so in its 2004 anti-trafficking law. If the governmenthad recognized a child victim of human trafficking it couldpossibly refer the child to a church-run orphanage and providea scholarship for the child’s care. The government routinelydeported illegal immigrants without attempting to determinewhether they were victims of trafficking or referring themto assistance services, and rarely notified embassies thattheir nationals had been detained. Prevention efforts wereextremely limited; the government did not undertake anypublic awareness campaigns and its interagency commissionon human trafficking took no action. The government’sresponse to human trafficking has been negligible, particularlygiven its substantial financial resources.Recommendations for Equatorial Guinea: Increase theuse of the 2004 anti-trafficking law to prosecute and convicttrafficking offenders and complicit officials; develop formalprocedures to identify trafficking victims among child laborers,illegal immigrants, and women and girls in prostitution;dedicate funding for the sheltering and protection of traffickingvictims and develop a formal system to refer victims to suchcare; train law enforcement officials, immigration officials,and social workers in the use of identification and referralprocedures; cease summary deportation of foreign men,women and children from Equatoguinean territory withoutfirst screening for trafficking and, if appropriate, providingthem with care and safe, voluntary repatriation; notifyembassies when their nationals have been detained; researchthe extent and nature of the problem of human traffickingwithin the country; and launch a nationwide anti-traffickingpublic awareness campaign.ProsecutionThe Government of Equatorial Guinea demonstrated minimalanti-trafficking law enforcement efforts during the reportingperiod. The 2004 Law on the Smuggling of Migrants andTrafficking in Persons prohibits all forms of traffickingand prescribes penalties of 10 to 15 years’ imprisonment,punishments which are sufficiently stringent. Despite havinga law in place and reports of child trafficking, the governmentinitiated no investigations or prosecutions of suspectedtrafficking offenses. Foreign embassies reported the resolutionoutside the justice system of potential trafficking casesinvolving their nationals; Ministry of Justice officials confirmedthat this practice inhibits their ability to prosecute offenders.The Ministry of National Security reported conducting atraining session on methods for identifying victims of humantrafficking for police officers at the airport, border patrolagents, and chiefs of inspections. This training was fundedby the Government of Equatorial Guinea.ProtectionThe Government of Equatorial Guinea failed to demonstrateeffective measures to protect trafficking victims during thereporting period. It did not identify or refer any victims toprotective services in 2011. Although the 2004 anti-traffickinglaw mandates the government’s provision of legal assistance,psychological and medical care, counseling, lodging, food,access to education, training, and employment opportunitiesto trafficking victims, the government failed to provideany of these protective services during the year. Care forpossible Equatoguinean child trafficking victims continuedto be provided by church-run orphanages with scholarshipsprovided by the Equatoguinean government; foreign childrencontinued to be deported summarily. There were no sheltersor other types of protective services in Equatorial Guineafor adult trafficking victims. Law enforcement authoritiesdid not employ procedures to identify victims of traffickingproactively and did not make efforts – in either a systematic oran ad hoc way – to refer victims to organizations that provideshort- or long-term care, although the Ministry of NationalSecurity claimed it had procedures in place to screen illegalimmigrants detained at the border to determine if they werevictims of human trafficking. The absence of a proactive victimidentification process, including procedures for screeningdeportees, impaired the government’s ability to provide careor assistance to foreign trafficking victims. The governmentcontinued to penalize victims for unlawful acts committed asa direct result of their trafficking; it detained foreign nationals,including potential trafficking victims, at police stationsfor periods of several days to several months, and seldomnotified their embassies of their detention or deportation. Theoverwhelming majority of those detained were young men,though children and women were also sometimes detained anddeported. The government did not provide foreign traffickingvictims with temporary or permanent resident status, or anyother legal alternatives to their removal to countries where theymight face retribution or hardship. Officials did not appear tofine or prosecute detainees, but sometimes confiscated theirpossessions and money.PreventionThe Government of Equatorial Guinea decreased its effortsto prevent trafficking during the reporting period. It did notlaunch any anti-trafficking informational or educationalcampaigns for the general public. The effectiveness of theInteragency Commission for Trafficking in Persons, directedby the Prime Minister’s Office and chaired by the Ministry ofJustice, remained limited, and it did not convene or produceany results during the year. The national action plan, producedfollowing passage of the 2004 law, has not been implementedand is out of date. In February 2010, the government consultedwith UNICEF and UNDP to revise this plan to include an initialstudy on the extent of child trafficking and establishmentof a pilot shelter in Malabo, but it has still not finalizedor implemented the plan. The Government of EquatorialGuinea worked with UNDP to revise and implement a newanti-trafficking plan as part of a wider human rights strategyfor 2012. During the reporting period, the government madesignificant improvements in the residency cards it issues toforeigners to include biometric and holographic security
  12. 12. ERITREA151features, which were not present in previous residency cards.In 2011, the Ministry of Labor conducted numerous workplaceinspections to verify adherence to labor laws in regard topay, benefits, and working conditions; when violations werefound, the government required some employers to correctthe problem, pay fines, or pay reparations to the employees.The Government of Equatorial Guinea did not participate inor implement any programs to address forced child labor, anddid not identify a single child labor victim despite having 100labor inspectors dedicated to documenting labor infractions.It did not undertake any discernible measures to reduce thedemand for commercial sex acts during the year.ERITREA (Tier 3)Eritrea is a source country for men, women, and childrensubjected forced labor and, to a lesser extent, sex trafficking.During the reporting period, forced labor occurred in Eritrea,particularly due to the country’s national service program.Under the Proclamation of National Service (No. 82/1995),men aged 18 to 54 and women aged 18 to 47 are required toprovide 18 months of military and non-military service inany location or capacity chosen by the government. Somenational service conscripts, however, are required to continuetheir service indefinitely, beyond the duration specified by law,with many required to serve in their positions for more than 10years under the threat of inhuman treatment, including harshworking conditions, torture, or punishment of their families.There continue to be reports that some Eritrean conscriptsare forced to build private homes for army officers, as wellas to perform agricultural labor on farms and constructionactivities for firms owned by the state, the ruling party, seniorarmy officers, and private investors, functions that fall outsidethe scope of the proclamation. During the reporting period,the Ministry of Education continued Mahtot, a nationalprogram in which schools send children to build stone terraces,maintain roads, and lay power lines. The military’s fourcommand zones reportedly use conscripted labor to undertakediversified economic activities, including trading, farming,property development, and infrastructure construction, forthe enrichment of the government, the ruling party, andhigh-ranking army officers. National service conscripts couldnot resign from their jobs or take new employment, receivedno promotions or salary increases, and could not leave thecountry because they were denied passports or exit visas. Somenational service members were assigned to return to theircivilian jobs while nominally kept in the military becausetheir skills were deemed critical to the functioning of thegovernment or the economy; these individuals continued toreceive only their national service salary and were requiredto forfeit to the government any money they earned aboveand beyond that salary.Eritrean children work in various economic sectors, includingdomestic service, street vending, small-scale manufacturing,and agriculture; child laborers frequently suffer abuse fromtheir employers and some may be subjected to forced labor.In addition, children may be exploited in Eritrea’s sex trade.Each year, tens of thousands of Eritrean workers migrate insearch of work, particularly to the Gulf States and Egypt, wheresome become victims of forced labor, primarily in domesticservitude. Smaller numbers of Eritrean women and girls aresubjected to sex trafficking inside the country and potentiallyin Gulf countries.Over the past decade, large numbers of Eritreans have fled thecountry to find work or escape indefinite conscription. Duringthe past three years, an estimated 2,000 to 3,000 Eritreanshave escaped to refugee camps in eastern Sudan each month;traffickers seek out vulnerable Eritreans in the camps, someof whom were extorted and tortured as they were transportedthrough the Sinai Peninsula. A significant number of fleeingEritreans encounter serious risks of being shot and killed byEritrean authorities, or forcibly repatriated to Eritrea, wherethey are at times tortured or killed by the Eritrean government.Adolescent children that attempt to leave Eritrea have beenforced into military service despite being younger than theminimum service age of 18. As part of the requirements tocomplete their senior year of high school, adolescent childrenare also sent to Sawa, Eritrea’s military academy, prior to theireighteenth birthday. Over the reporting period, there werenumerous reports of Eritrean nationals being brutalized bysmugglers operating in the Sinai; victims were often chainedtogether, whipped and beaten regularly, deprived of food,raped, and forced to do construction work at gunpoint atsmugglers’ personal homes. Eritrean refugees were concernedthat Eritrean and Sudanese officials colluded with smugglersto abduct Eritreans from Sudanese refugee camps, targetingthose refugees that voiced dissent against the government orwere prominent military figures.The Government of the State of Eritrea does not fully complywith the minimum standards for the elimination of traffickingand is not making significant efforts to do so. The Eritreangovernment does not operate with transparency and didnot publish data or statistics regarding any effort to combathuman trafficking; it did not respond to requests to provideinformation for this report.Recommendations for Eritrea: Pass and enforce acomprehensive anti-trafficking statute that includesprohibitions against forced labor; launch a campaign toincrease the general public’s awareness of human traffickingat the local, regional, and national levels; cease indefiniteconscription and the use of threats and physical punishmentfor non-compliance; cease sending children to Sawa, themilitary school; allow international NGOs to assist incombating trafficking in Eritrea; institute trafficking awarenesstraining for diplomats posted overseas; provide training toall levels of government, particularly law enforcement officials,on identifying and responding to trafficking crimes; and inpartnership with NGOs or religious entities, ensure theprovision of short-term protective services to child traffickingvictims.ProsecutionThe Government of the State of Eritrea made no knownprogress in prosecuting and punishing trafficking crimes overthe reporting period. Article 605 of the Eritrean TransitionalCriminal Code prohibits trafficking in women and youngpersons for sexual exploitation, which is punishable by
  13. 13. 152ESTONIAup to five years’ imprisonment, or from three to 10 years’imprisonment if aggravating circumstances are present; thesepenalties are sufficiently stringent, but not commensuratewith punishments prescribed for other serious crimes, suchas rape. Article 565 prohibits enslavement and prescribespunishment of five to 20 years’ imprisonment, penaltieswhich are sufficiently stringent. Forced labor and slavery areprohibited, except where authorized by law under Article16 of the ratified, but suspended, Eritrean Constitution.Proclamation 11/199 prohibits the recruitment of childrenyounger than 18 years of age into the armed forces. Though thepenalties are sufficiently stringent, the government has neverused these statutes to prosecute cases of human trafficking. Thegovernment did not publish information on its investigationsor prosecutions, if any, of human trafficking offenses duringthe reporting period. Eritrea similarly did not report any lawenforcement efforts against official complicity in traffickingoffenses, such as the use of forced labor to build personalhomes or for other personal gain of military officers andgovernment officials. Forced labor of conscripts within thenational service continued without any government effort toabate or eliminate this practice. The government provided noknown training to its law enforcement officials on identifyingand responding to trafficking crimes.ProtectionThe government made no discernible efforts to protect victimsof trafficking during the reporting period. The governmentdid not report identifying any trafficking victims, and it hasno known facilities dedicated to trafficking victims. During2011, the government forced the few remaining internationalNGOs to leave Eritrea. It is not known whether the governmentencouraged victims’ assistance in the investigation andprosecution of trafficking crimes. The Ministry of Labor andHuman Welfare oversees the government’s trafficking portfolio,but individual cases of transnational human trafficking arereportedly handled by the Eritrean embassy in the country ofdestination; information regarding embassy efforts to assisttrafficking victims was not provided. The government reportedno efforts to train its diplomatic officials on identifyingand responding to trafficking situations involving Eritreansoverseas.PreventionThe government made no known efforts to prevent traffickingduring the reporting period. Eritrean media, all of which isstate-owned, made neither public announcements nor mediapresentations regarding human trafficking during the reportingperiod. There were no anti-trafficking public awareness orother education campaigns. Although the government doesnot publicly acknowledge human trafficking as a problem,an office exists within the Ministry of Labor to handle laborcases, including human trafficking cases; the accomplishmentsof this office during the reporting period are unknown. Thegovernment made no known efforts to reduce the demandfor commercial sex acts. Eritrea is not a party to the 2000UN TIP Protocol.ESTONIA (Tier 2)Estonia is a source, transit, and destination country for womensubjected to forced prostitution, and for men and womensubjected to conditions of forced labor. Estonian women aresubjected to sex trafficking in Finland, the Netherlands, theUnited Kingdom, Germany, Spain, France, Cyprus, Portugal,Ireland, and Italy. Estonian women, including women withmental disabilities, were forced into prostitution in Tallinn.Estonian men were reportedly subject to labor trafficking inFinland and the United Kingdom. Young Estonian womenforced into marriage abroad after promises of employmentare also vulnerable to trafficking in persons. Men and womenfrom Estonia are subjected to conditions of forced labor inSpain, Sweden, Norway, and Finland. Men and women withRussian citizenship or stateless residents of Estonia are themost vulnerable to labor trafficking. Third-country nationalswho enter Estonia on the basis of the Schengen agreementare at risk for labor trafficking within the country. Ukrainiannationals were reportedly subjected to labor exploitationwithin Estonia within the reporting period.The Government of Estonia does not fully comply with theminimum standards for the elimination of trafficking; however,it is making significant efforts to do so. In March 2012, theGovernment of Estonia took an important step forward inits anti-trafficking efforts by enacting a law criminalizingtrafficking in persons. The government collaborated closelywith NGOs on the law, which should set the groundwork forfuture efforts to prosecute trafficking offenders and protectvictims. Prior to enacting the law, the Government of Estoniapursued very few criminal trafficking cases in comparison to thenumber of victims of trafficking identified. In 2011, Estonianauthorities failed to convict any trafficking offenders under theprevious law against enslavement (Article 133). Nevertheless,the government funded trafficking victim care through NGOs,which reported a strong and supportive relationship with theMinistry of Social Affairs. The government also funded anactive anti-trafficking hotline to educate vulnerable individualsabout trafficking and to refer them to care.Recommendations for Estonia: Implement the new anti-trafficking statute vigorously; using the new trafficking statute,increase efforts to investigate, prosecute, convict, and punishtrafficking offenders; increase efforts to investigate laborrecruiters as potential trafficking offenders; broaden theauthority of the labor inspectorate to investigate humantrafficking and energize labor inspectors to address traffickingin persons; increase government efforts to proactively identifyvictims of trafficking; strengthen anti-trafficking training toinclude adding a distinct section on human trafficking to thecurriculum of the Public Service Academy and otherprofessional development programs for law enforcementpersonnel, and encourage a diverse range of governmentofficials to engage in the trafficking victim identificationprocess; ensure that potential trafficking victims are fullyinformed of their rights upon identification, including theright to apply for a residency permit; encourage more victimsto assist in the prosecution of trafficking offenders byconsistently funding legal counsel for victims; considerincorporating NGOs into law enforcement interviews; increase
  14. 14. ETHIOPIA153victim protections during trial; increase the number ofrepatriated Estonian trafficking victims assisted; considercoordinating trafficking victim services with the Ministry ofForeign Affairs to ensure that repatriated victims are fullyaware of available victim services; fully implement thetrafficking-specific policy objectives in the Development Planfor Reducing Violence for Years 2010-2014; collect lawenforcement data and victim protection data on trafficking;and publish an annual report on trafficking.ProsecutionThe Government of Estonia improved its law enforcementefforts during the reporting period by enacting legislationthat prohibits all forms of trafficking in persons. In March2012, the Estonian parliament passed an anti-trafficking lawthat amended Article 133. The penalties trafficking offensesnow range up to 15 years’ imprisonment, penalties that aresufficiently stringent and commensurate with penaltiesprescribed for other serious crimes, such as forcible sexualassault. During the reporting period, Estonian authoritiesconducted three new investigations and prosecuted onetrafficking offender under the existing Article 133, comparedwith approximately three investigations and three prosecutionsunder this statute in 2010. The Estonian police also investigateda high profile sex trafficking case under a non-traffickingstatute in February 2012. Estonian authorities did not convictany trafficking offenders under Article 133, compared withthree convictions in 2010. Many trafficking cases wereclosed in the pre-trial investigation stage. A study on labortrafficking concluded that awareness of trafficking remainedlow among law enforcement officials. Prosecutors allegedlylacked experience trying trafficking cases and had difficultyconstructing trafficking cases because of victims’ unwillingnessto testify given uncertainties in the victim protection scheme.The government did not report conducting any specializedanti-trafficking trainings for law enforcement officials duringthe reporting period. Law enforcement officials did have accessto a government-produced trafficking victim identificationguide in Estonian and Russian. The government had nospecialized law enforcement unit for trafficking. Estonianlaw enforcement authorities collaborated on traffickinginvestigations with foreign counterparts, including authoritiesin the Netherlands, Finland, Sweden, Germany, Norway,Cyprus, and Luxembourg. The Estonian government did notreport the investigation, prosecution, or conviction of anygovernment employees complicit in trafficking during thereporting period.ProtectionThe Government of Estonia modestly improved victimprotection efforts during the reporting period, mainly byincreasing its funding of victim services. Nevertheless, victimidentification remained low. Government-funded NGOsassisted 56 victims of trafficking in 2011; 57 traffickingvictims were assisted in 2010. Of the 56 victims, 39 werewomen and 17 were men; 37 were sex trafficking victims,and 19 were labor trafficking victims. The government didnot record the number of victims it directly identified; oneNGO reported that two of the 29 trafficking victims it caredfor were referred by law enforcement during the reportingperiod. NGOs reported that the law enforcement authoritiesstruggled with victim identification and that the governmentfocused disproportionately on victim identification for sextrafficking rather than labor trafficking. According to astudy, the institutions with access to workplaces vulnerableto labor trafficking, such as the labor inspectorate, lackedthe jurisdiction and interest to investigate suspected labortrafficking offenses. In total, the government allocated theequivalent of approximately $158,000 for victim assistanceduring the reporting period, an increase from $142,630 in2010. During 2011, as in 2010, no victims participated in theprosecution of trafficking offenders. NGOs reported thatvictims of trafficking were afraid to cooperate with the policeor testify in court, in part because of fear of reprisals. Thegovernment assisted three trafficking victims repatriated toEstonia by providing them with medical aid, shelter, financialand legal assistance; an inter-governmental organizationfunded the travel costs of the victims’ repatriation. Thegovernment claimed that no identified trafficking victims werepenalized for unlawful acts committed while being trafficked.Although foreign victims are eligible to apply for temporaryresidency for the duration of criminal investigations and legalproceedings in which they participate, no victims applied forsuch residency in 2011; one NGO reported that no traffickingvictim has ever applied for a trafficking temporary residencepermit since the introduction of such permits in 2007.PreventionThe government demonstrated limited prevention activitiesduring the reporting period. The government provided an NGOwith the equivalent of $42,148 to operate an anti-traffickinghotline; the hotline received an average of 50 calls a monthfrom individuals vulnerable to trafficking. In 2011, consularofficers from the Ministry of Foreign Affairs visited Estonianschools to educate middle school students on the dangers ofhuman trafficking, reaching approximately 500 students. Thegovernment also distributed trafficking related materials at anannual tourism fair and at three job fairs intended to recruitEstonian job seekers for foreign employment. The Governmentof Estonia collaborated with other Nordic and Baltic countriesin the Council of Baltic Sea States project “DEFLECT” inaddressing labor trafficking. Nevertheless, the Government ofEstonia conducted no broad-based awareness raising campaignon trafficking during the reporting period. The Ministryof Justice led the government’s anti-trafficking workinggroup, bringing together approximately 75 representativesof various government agencies who met regularly to discussanti-trafficking policy. The working group prepares an annualreport of activity. There were no special campaigns to reducethe demand for commercial sex acts, though the topic wascovered at trainings and seminars conducted by the Ministryof Social Affairs.ETHIOPIA (Tier 2)Ethiopia is a source country for men, women, and childrenwho are subjected to forced labor and sex trafficking. Girlsfrom Ethiopia’s rural areas are exploited in domestic servitudeand, less frequently, prostitution within the country, whileboys are subjected to forced labor in traditional weaving,herding, guarding, and street vending. Brokers, tour operators,and hotel owners in the Southern Nations, Nationalities,and Peoples Region (SNNPR) facilitate child prostitution fortourists. Ethiopian girls are forced into domestic servitudeand prostitution outside of Ethiopia, primarily in Djiboutiand South Sudan – particularly in Juba, Bor, and Bentiu –while Ethiopian boys are subjected to forced labor in Djibouti