U.S. Department of State, Victims of Trafficking and Violence Protection Act of 2000: Trafficking in Persons Report (2001).



    

I. Introduction

A Growing Phenomenon

Trafficking in persons is a fundamental and crucially important challenge in the areas of human rights and law enforcement. Based on reliable estimates, as the Congress has noted, at least 700,000 persons, especially women and children, are trafficked each year across international borders. Some observers estimate that the number may be significantly higher. Victims are forced to toil in sweatshops, construction sites, brothels, and fields. Deprived of the enjoyment of their human rights, many victims are subjected to threats against their person and family, violence, horrific living conditions, and dangerous workplaces. Some victims have answered advertisements believing that they will have a good job awaiting them in a new country. Others have been sold into this modern-day form of slavery by a relative, acquaintance, or family friend. Trafficking occurs across borders and within countries. It is found in both developed and developing nations, in countries where the government abuses human rights, and in countries where the government's human rights record is generally excellent.

Root causes of trafficking include greed, moral turpitude, economics, political instability and transition, and social factors. Many traffickers are involved in other transnational crimes. Criminal groups choose to traffic in human beings as well because it is high-profit and often up to now low risk, because unlike other "commodities" people can be used repeatedly, and because trafficking does not require a large capital investment. They have little respect for the rights or dignity of their victims.

Many trafficking victims fall prey to this practice because they seek a better life or enhanced economic opportunities. They are, therefore, vulnerable to false promises of good jobs and higher wages. Political instability, militarism, civil unrest, internal armed conflict, and natural disasters may result in an increase in trafficking. The destabilization and displacement of populations increase their vulnerability to exploitation and abuse through trafficking and forced labor. War and civil strife may lead to massive displacements of populations, leaving orphans and street children extremely vulnerable to trafficking.

In some countries, social or cultural practices contribute to trafficking--for example, the devaluation of women and girls in society, and the practice of entrusting poor children to more affluent friends or relatives. Some parents sell their children, not just for the money, but in the hopes that the children will be escaping a poverty situation, and move to a place where there will be a better life and more opportunities. The fear of HIV/AIDS also influences traffickers, as children become more attractive to them and to their customers due to the belief that the children are free from the disease.

The Offense and its Victims

It is within this context of growing international concern and action to combat trafficking of persons that Congress passed the Victims of Trafficking and Violence Protection Act of 2000 (the "Act"), P.L. 106-386. The Act requires that by June 1 the Secretary of State submit a report to Congress with respect to the status of severe forms of trafficking in persons. The Act defines "severe forms of trafficking in persons" as

(a) sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or (b) the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.

For the purpose of this report, the term "trafficking" refers to actions that fall within this definition.

As an underground criminal activity, the scope of trafficking is difficult to measure accurately. In some countries, particularly transit countries, it is difficult to distinguish between alien smuggling and trafficking. The mere facilitation of illegal entry into a country is not considered trafficking, unless it meets the Act’s definition, for example because it involves force, fraud, or coercion. Further difficulty in measuring the scope of the problem arises from the fact that many victims come from countries in which the authorities are a source of fear rather than of assistance, and victims are often reluctant to seek help once they fall into the hands of traffickers. In some countries, the victims themselves are prosecuted and jailed for violating immigration or other laws. Moreover, traffickers may threaten victims or their families.

The problem of trafficking in persons is not new--it is in many ways a modern-day form of slavery, which has persisted into the twenty-first century. Yet it is only in the past several years that the contemporary manifestation of this problem has captured international governmental attention, and that governments have begun to address it systematically. It is telling that even some countries that are pro-active and meet the Act’s minimum standards for addressing trafficking still have a significant trafficking problem--a reminder that the world has a long way to go to stop this horrific practice. Governments need strong individual and collective action to combat this phenomenon and to bring those responsible to justice. The immensity of the problem simply overwhelms the capabilities of some countries, and, without collective action by other origin, transit and destination countries, the best intentions of a country may not suffice to meet the minimum standards.

U.S. Commitment

The U.S. is principally a transit and destination country for trafficking in persons. It is estimated that 45,000 to 50,000 people, primarily women and children, are trafficked to the U.S. annually. The U.S. Government is strongly committed to combating trafficking in persons at home and abroad. The Act enhances pre-existing criminal penalties, affords new protections to trafficking victims, and makes available certain benefits and services to victims of severe forms of trafficking; establishes a Cabinet-level federal interagency task force to investigate and prosecute trafficking, and establishes a federal pilot program to provide services to trafficking victims. The U.S. government recognizes the need to sustain and further enhance our efforts in order to achieve the goals and objectives of the Act.

The U.S. Department of State began monitoring trafficking in persons in 1994, when the issue began to be covered in the Department’s Annual Country Reports on Human Rights Practices. Originally, coverage focused on trafficking of women and girls for sexual purposes. Our understanding of the problem has broadened over the years, and U.S. embassies worldwide now routinely monitor and report on cases of trafficking in men, women, and children for forced labor in agriculture, domestic service, construction work, and sweatshops, as well as trafficking for commercial sexual exploitation.

The U.S. has initiated many international anti-trafficking and development programs to assist countries combat this ever-growing phenomenon. These initiatives demonstrate the United States’ commitment to preventing persons from becoming victims of trafficking; protecting the victims of trafficking; and, prosecuting traffickers. Our development programs include disseminating information on the dangers of trafficking, strengthening the capacity of women’s and anti-trafficking organizations to protect those groups from abuse and violence, and outreach and economic opportunity programs for those most at risk of being trafficked. The U.S. has assisted countries to enact anti-trafficking legislation, and train law enforcement, prosecutors and judicial officers.

The Report

In preparing this report, the Department of State in Washington asked for information from our embassies and consulates around the world. Worldwide 186 U.S. embassies and consulates in consultation with host governments devoted substantial time and attention compiling and reporting information about the extent of trafficking in their host countries and efforts undertaken by host governments' to address the problem. The embassy reports reflect discussions with host governments, local non-governmental organizations ("NGOs"), immigration officials, police, journalists, and victims, in addition to reviews of government, press, and NGO reports. The State Department's Bureau for International Narcotics and Law Enforcement Affairs; the Bureau of Democracy, Human Rights, and Labor; the regional bureaus; and the Office of the Legal Adviser, with assistance from the intelligence community, reviewed reporting from U.S. embassies and consulates overseas. The Department also reviewed information from other sources including, but not limited to, UNICEF, UNHCR, the International Organization for Migration, Human Rights Watch, Amnesty International, the Protection Project, and media reports. Other U.S. Government agencies have also provided further information on trafficking for this report. The report covers events through April 15, 2001.

Methodology

Department of State officials developed a rigorous methodology to compile the three lists of countries in this report. First, based upon information from all of the sources described above, reviewers from the bureaus listed above determined whether each country merited inclusion on any of the report’s three lists. For each country, this determination depended upon whether or not it is "a country of origin, transit, or destination for a significant number of victims" of trafficking. In order to support a finding that a country has a "significant number" of trafficked victims, the Department required credible reporting that provided numbers of victims. Based on the information available this year, only numbers in the hundreds or higher were considered significant.

Many countries do not appear in this report. For some such countries around the world in which evidence exists to indicate that trafficking occurs, the evidence does not indicate a significant number of victims. Additionally, while U.S. embassies and consulates and the Department have made every effort to obtain as much information as possible, including when some officials of a country may be complicit, the crime of trafficking in persons is often under-reported and obscured from official view. Finally some countries may not be included because of a paucity of available information, which may be the case for various reasons.

It is our hope that this report will focus new attention on this problem everywhere so countries around the world develop mechanisms to detect and stop trafficking efforts. The Department and our embassies around the world will continue to monitor trafficking and host governments’ efforts to combat it in all countries including those not in this report, and will continue to seek new channels of information. Accordingly, such countries may appear in future annual reports, and countries now appearing may be dropped from the report.

As a second step, countries that have a "significant number" of victims were then placed into one of the report’s three tiers based upon these countries’ governments’ efforts to combat trafficking. In accordance with the Act, countries whose governments fully comply with the Act’s minimum standards for the elimination of trafficking were placed in tier 1. Countries whose governments do not fully comply with those standards were then placed in tier 2 if they are making "significant efforts to bring themselves into compliance" with the standards, or in tier 3 if they are not. Each tier encompasses a wide range of countries.

Minimum Standards

The Act defines "minimum standards for the elimination of trafficking" as follows:

  1. The government should prohibit trafficking and punish acts of trafficking.
  2. The government should prescribe punishment commensurate with that for grave crimes, such as forcible sexual assault, for the knowing commission of trafficking in some of its most reprehensible forms (trafficking for sexual purposes, trafficking involving rape or kidnapping, or trafficking that causes a death).
  3. For knowing commission of any act of trafficking, the government should prescribe punishment that is sufficiently stringent to deter, and that adequately reflects the offense’s heinous nature.
  4. The government should make serious and sustained efforts to eliminate trafficking.

The Act also sets out seven criteria that "should be considered" as indicia of the fourth point above, "serious and sustained efforts to eliminate trafficking:"

  1. Whether the government vigorously investigates and prosecutes acts of trafficking within its territory.
  2. Whether the government protects victims of trafficking, encourages victims’ assistance in investigation and prosecution, provides victims with legal alternatives to their removal to countries where they would face retribution or hardship, and ensures that victims are not inappropriately penalized solely for unlawful acts as a direct result of being trafficked.
  3. Whether the government has adopted measures, such as public education, to prevent trafficking.
  4. Whether the government cooperates with other governments in investigating and prosecuting trafficking.
  5. Whether the government extradites persons charged with trafficking as it does with other serious crimes.
  6. Whether the government monitors immigration and emigration patterns for evidence of trafficking, and whether law enforcement agencies respond appropriately.
  7. Whether the government vigorously investigates and prosecutes public officials who participate in trafficking, and takes all appropriate measures against such officials who condone trafficking.

The Act also states three factors that the Department is to consider in determining whether a country is making significant efforts to bring itself into compliance with these minimum standards. These considerations are: 1) the extent of trafficking in the country; 2) the extent of governmental noncompliance with the minimum standards, particularly the extent to which government officials have been complicit in trafficking; and 3) what measures are reasonable to bring the government into compliance with the minimum standards in light of the government’s resources and capabilities.

Tiers

Countries1 are included in the report because they have a significant number of victims. Countries were placed in tier 1 because they fully comply with the law's minimum standards. Such countries criminalize and have successfully prosecuted trafficking, and have provided a wide range of protective services to victims. In addition, their governments sponsor or coordinate prevention campaigns aimed at stemming the flow of trafficking. Some of these governments face resource constraints and other obstacles to combating trafficking, but are working to stop this practice to the best of their ability.

The Act states that those countries should be placed in tier 2 that do not yet fully comply with the Act’s minimum standards but are making significant efforts to bring themselves into compliance with those standards. Some are strong in the prosecution of traffickers, but provide little or no assistance to victims. Others work to assist victims and punish traffickers, but have not yet taken any significant steps to prevent trafficking. Some governments are only beginning to address trafficking, but nonetheless have already taken significant steps.

According to the Act, countries in tier 3 do not fully comply with the minimum standards and are not making significant efforts to bring themselves into compliance. Some of these countries refuse to acknowledge the trafficking problem within their territory. On a more positive note, several other countries in this category are beginning to take concrete steps to combat trafficking. While these steps do not yet reach the level of significant under the statute, many of these countries are on the right path to placement on tier 2.

A problem was posed by several countries in which rebel groups engage in trafficking within territory that they control, for example, forcing children to become soldiers or laborers, or to provide sexual services to rebels. In these cases, the trafficking problem may be entirely beyond the government’s control, and the government may be unable to take many steps, along the lines of the Act’s "minimum standards," to combat that problem. In such cases, this report categorizes countries primarily based on what steps, if any, governments have taken to assist these victims. In several cases, while a government indirectly combats traffickers through armed struggle with rebel groups, it is at the same time providing direct services and assistance to victims.

According to the Act, beginning with the 2003 report, countries on the Tier 3 list will be subject to certain sanctions, principally termination of non-humanitarian, non-trade-related assistance. Such countries would also face U.S. opposition to assistance (except for humanitarian, trade-related, and certain development-related assistance) from international financial institutions, specifically the International Monetary Fund and multilateral development banks such as the World Bank. Certain of the sanctions may be waived under certain circumstances, including upon a national interest determination by the President.

Steps Toward Solutions

Trafficking is a problem that has reached staggering dimensions around the globe. Solving this problem and bringing relief to its many victims are possible only through cooperative efforts. This cooperation must occur bilaterally and multilaterally among various governments, but also between governments and non-governmental organizations. It must involve governmental coordination on national counter-trafficking strategies as well as coordination at a local level for example, between local police and NGOs that provide services to victims. Destination countries must work with transit and source countries to stem the flow of trafficking; and source countries must work not only to prevent trafficking, but also to help with the reintegration of trafficked victims back into their home society.

The UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, which supplements the UN Convention against Transnational Organized Crime adopted by the UN General Assembly in November 2000, is an important new tool to facilitate international cooperation. Governments that sign and ratify this protocol make a commitment to criminalize trafficking and to protect its many victims. The United States and 80 other countries signed the Protocol in December 2000.

Two other international instruments that address sale and trafficking in children have also recently been adopted – International Labor Organization (ILO) Convention 182 concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour (which the United States ratified in December 1999), and the Protocol to the Convention on the Rights of the Child on Sale of Children, Child Prostitution and Child Pornography (which the United States signed in July 2000).

Conclusion

This report clearly demonstrates that most governments are in fact taking steps to curb this horrific practice, and to help the hundreds of thousands of men, women, and children who are its victims. We must continue to develop our prevention, protection, and prosecution programs and policies to ensure that this modern-day form of slavery does not continue long into the twenty-first century. In listing countries in this initial Report it is not our intention to criticize or penalize countries’ efforts to combat this scourge. Rather we hope that by highlighting the problem, the need for domestic recognition and action, and the high degree of international attention being given to developing new mechanisms for cooperation, so that reports in the near future will demonstrate improvements in efforts to combat trafficking in persons.

_________________

1Under section 4(b) of the Taiwan Relations Act, "[w]henever the laws of the United States refer or relate to foreign countries, nations, states, governments, or similar entities, such terms shall include and such laws shall apply with respect to Taiwan."

 


  


    

II. Trafficking in Persons List

Tier 1

Austria
Belgium
Canada
Colombia
Germany
Hong Kong
Italy
Netherlands, The
Spain
Switzerland
Taiwan
United Kingdom

Tier 2

Angola
Bangladesh
Benin
Brazil
Bulgaria
Burkina Faso
Cambodia
Cameroon
China
Costa Rica
Cote d'Ivoire
Czech Republic
Dominican Republic
El Salvador
Ethiopia
France
Georgia
Ghana
Guatemala
Haiti
Honduras
Hungary
India
Japan
Kyrgyzstan
Laos
Lithuania
Macedonia
Mali
Mexico
Moldova
Morocco
Nepal
Nigeria
Philippines
Poland
Sierra Leone
Singapore
Slovenia
South Africa
Sri Lanka
Sweden
Thailand
Togo
Uganda
Ukraine
Vietnam

Tier 3

Albania
Bahrain
Belarus
Bosnia-Herzegovina
Burma
Democratic Republic of Congo
Gabon
Greece
Indonesia
Israel
Kazakhstan
Lebanon
Malaysia
Pakistan
Qatar
Romania
Russia
Saudi Arabia
South Korea
Sudan
Turkey
United Arab Emirates
Federal Republic of Yugoslavia


  

 


    
III. Country Narratives - Tier 1

Austria (Tier 1)

Austria is a destination and transit country for women trafficked primarily for the purpose of sexual exploitation from Bulgaria, Romania, Ukraine, the Czech Republic, Slovakia, Hungary, and the Balkans, into Austria and other western European countries. Women also are trafficked from Asia and Latin American for domestic labor.

The Government of Austria meets the minimum standards in combating trafficking in persons. A trafficking law provides for penalties commensurate with those for rape. However, NGO's have called for an expansion of the legal definition of trafficking to include exploitation for domestic labor and coerced marriages. In 1999 over half of the 49 trafficking complaints filed under the law against trafficking for prostitution resulted in convictions. The Ministry of Interior estimates that most traffickers are prosecuted under criminal law provisions on alien smuggling. In 1999 there were 2,949 cases filed under the Aliens Act and 374 convictions. The Government provides temporary residence to victims of trafficking who are prepared to testify or intending to raise civil law claims. The Government funds research on the problem of trafficking as well as NGO prevention efforts, including anti-trafficking brochures and law enforcement workshops. The Government also provides funding for intervention centers that provide emergency housing and psychological, legal, and health-related assistance to victims. During its EU Presidency in 1999, the Government co-hosted a conference about trafficking for over 21 countries. The Government is also active with UN and OSCE international efforts against trafficking.

Belgium (Tier 1)

Belgium is a transit and destination country for trafficked persons primarily from sub-Saharan Africa (especially Nigeria), Central and Eastern Europe (especially Albania), and Asia (especially China). Victims are primarily young women trafficked for purposes of prostitution or, in the case of victims from China, young men destined for manual labor in restaurants and sweatshops.

The Government of Belgium meets the minimum standards for combating trafficking in persons. A 1995 law specifically prohibits trafficking in persons. The penalty for trafficking is commensurate with those for rape or sexual assault. The Government actively investigates and prosecutes cases of trafficking. From January 1, 1998, through August 31, 1999, the authorities issued arrest warrants for 429 persons. In the same period, verdicts were rendered in 142 cases, 104 of which resulted in convictions. Sentences averaged from 2 to 6 years' imprisonment and fines were between $2,200 and $22,700. Victims of trafficking are given temporary residence for 45 days to decide whether to testify in court against the perpetrators. During this time they are allowed access to a range of services and shelter provided by three NGO’s with Government support. The Government assists victims in returning to their country of origin if they decide not to testify in court. Victims who agree to testify receive a temporary work authorization and continued assistance from the designated NGO’s. Victims who cooperate with the investigation are usually granted permanent residence in Belgium upon completion of the trial. The Government works closely with and provides funding to NGO’s and international organizations for anti-trafficking activities.

Canada (Tier 1)

Canada is a primarily a transit and destination country for trafficking in persons, primarily from East Asia (especially China and Korea), Eastern Europe, Russia, and Honduras. There are also isolated cases of Canadian minors trafficked by pimps to the United States for the purpose of sexual exploitation. Victims of trafficking who come to Canada are young women trafficked for purposes of prostitution or persons destined for manual labor in restaurants, sweatshops, and agricultural work.

The Government of Canada meets the minimum standards in combating trafficking in persons. The law does not specifically prohibit trafficking, but the Government actively investigates and prosecutes trafficking cases using sections of the criminal code and immigration law. In Toronto alone, officials conducted over 700 arrests for trafficking-related crimes in 2000. The penalties used for trafficking are commensurate with those for rape or sexual assault, although aggravated sexual assault carries a maximum sentence of life imprisonment. An interdepartmental working group on trafficking in women coordinates national efforts. Victims may apply for permanent residence under the "Humanitarian and Compassionate" provisions of the Immigration Act. The Government provides funding for victim assistance programs in Canada and supports prevention efforts in source countries through NGO’s in Canada. Victims may be deported if they have committed a crime. Canada does not have standardized protection provisions for foreign minors.

Colombia (Tier 1)

Colombia is a source country for trafficked persons, especially women and children, to Asia (Japan, Singapore, and Hong Kong), Western Europe (the Netherlands and Spain), and the United States. Most victims are young women trafficked for purposes of sexual exploitation.

The Government of Colombia meets the minimum standards to combat trafficking in persons despite resource constraints and an inefficient judicial system. A new anti-trafficking law is scheduled to go into effect in July 2001. The new penalty for trafficking is commensurate with the penalty for rape or sexual assault. The Government actively investigates and prosecutes cases of trafficking. Between 1998 and 2000, a special sex crimes unit within the Prosecutor General’s office investigated 99 cases of trafficking which resulted in at least 13 convictions using existing statutes. The National Police rescued 115 victims in Colombia and abroad from 1999 to 2000. Government officials with NGO representatives arrange to meet returning victims at the airport. Victims do have access to generally limited government social services. The Government has also instructed its consulates in foreign countries to provide legal and social assistance to victims of trafficking and has contracted 46 legal advisors and 16 social workers to help Colombian victims abroad. The Government participates in anti-trafficking prevention efforts, and works closely with other governments, international organizations, and NGO’s.

Germany (Tier 1)

Germany is primarily a transit and destination country for women and girls trafficked from Ukraine, Poland, Russia, and other states of the former Soviet Union and Central Europe for purposes of sexual exploitation. Victims often are trafficked through Germany to other EU countries.

The Government meets the minimum standards to combat trafficking in persons. The law specifically prohibits trafficking in persons, and the penalty for trafficking is commensurate with those for rape or sexual assault. The Government actively investigates and prosecutes cases of trafficking. According to the Federal Office for Criminal Investigation, 257 cases of trafficking were investigated at federal and state levels in 1999. Of those, 176 cases were prosecuted, which resulted in 133 convictions. The federal government provides specialized training to police on trafficking. The Federal Ministry for Family, Seniors, Women, and Youth (Family Ministry) heads the Interagency Working Group on Trafficking in Women. The Family Ministry also provides support to the Coordination Network’s (abbreviated KOK in German) work with victims’ assistance. KOK is an umbrella organization of 30 NGO's working on trafficking. Victims of trafficking are granted a 4-week grace period during which they are allowed access to services and shelter. Officials are required to notify a cooperating NGO and secure the services of a counselor for the victim. A victim can be deported after 4 weeks if the victim is not willing or able to testify against the perpetrator. In this case, the victim is deported with the help of a cooperating NGO in the country of origin. The Government, through its embassies, disseminates information brochures about German residency and work permit requirements, women’s crisis centers, health care, and the threat of trafficking. Additionally, the federal government sponsors conferences and networking meetings for institutions aiding victims of trafficking.

Hong Kong (Tier 1)

Hong Kong is primarily a transit location for the trafficking of persons, although the full extent of trafficking is not clear. About 50 million travelers go to or through Hong Kong annually. Authorities make several thousand arrests annually for immigration violations by persons transiting or present in Hong Kong. About three-fourths are from elsewhere in China; most of the remainder are from the Philippines and South Asia. Some foreign domestic workers, particularly from Indonesia, have been recruited abroad and brought to Hong Kong only to be placed in coercive working and living conditions. There have also been reports that some women from Vietnam have been brought to Hong Kong as "mail-order brides," who, once in Hong Kong, are vulnerable to exploitation. The authorities are aware of both these problems and have taken steps to remedy them.

Hong Kong meets the minimum standards and is making significant efforts to combat trafficking. Hong Kong has had a long history of stringent anticorruption rule of law tradition and practices. The Government's efforts to combat trafficking are part of broader efforts to combat alien smuggling. Government authorities regularly monitor illegal migration and human smuggling through Hong Kong's air and seaports and coordinate with the People's Republic of China and foreign governments. Immigration, customs, and police departments are well trained and equipped to detect and investigate trafficking-related criminal activities. The Customs Department deploys over 1,500 officers at the airport, boundary control points, container terminals, and Hong Kong waters to combat human smuggling. The police force continuously patrols land and sea boundaries to ensure border integrity and aggressively investigates triad involvement in organized migrant smuggling. Although Hong Kong does not have a specific anti-trafficking law, the Government prosecutes violators under various laws prohibiting trafficking-related activities. The Government prints and distributes widely pamphlets in numerous languages explaining the rights of and services available to foreign domestic workers. Trafficking victims usually are deported, rather than formally charged. However, legal aid is available to those who choose to pursue legal proceedings against an employer and immunity from prosecution is often made available to those who assist in investigation and prosecution of traffickers. The Government does not provide funding to foreign or domestic NGO's for services to victims.

Italy (Tier 1)

Italy is a destination country and, to a lesser extent, a transit route for trafficked women from Albania, Eastern Europe, the New Independent States, China, Nigeria, and South America.

The Government of Italy meets the minimum standards for combating trafficking in persons. There is no specific law that prohibits trafficking; however, law enforcement authorities use penal codes that prohibit exploitation of prostitution (with a penalty of up to 6 years and significant fines), slavery, and assisting the entry of an illegal alien. The Government prosecuted 500 persons in 1998-99 for crimes connected with trafficking and convicted more than 100 defendants; many cases were continuing at the time of this report. The Government provides specialized training to sensitize police to trafficking and distinguish between trafficking and smuggling. The Government has sponsored NGO anti-trafficking campaigns such as hotlines, posters, and television advertisements. The Government works closely with NGO’s and sponsors anti-trafficking training in the source countries of Albania and Nigeria. The Government Inter-Ministerial Committee on Trafficking has coordinated conferences sponsored by the Ministries of Interior and Justice to combat trafficking. In February 2000, the Department of Equal Opportunity announced funding for 49 national projects designed to assist victims. The Government provides temporary residence to victims, has safe houses and shelters, and sponsors mobile units to provide medical and psychological services to victims. The Government also cooperates in international efforts against trafficking.

The Netherlands (Tier 1)

The Netherlands is a destination and transit country for trafficked women and girls from around the world, including Nigeria, Thailand, China, South America, and countries of Central Europe; victims are trafficked primarily for sexual exploitation purposes. According to the Dutch Foundation Against Trafficking in Women, there are between 2,000 and 3,000 trafficked women in the Netherlands.

The Government meets the minimum standards to combat trafficking in persons. The law prohibits trafficking in persons for sexual exploitation purposes. The penalty for trafficking is approximately commensurate with penalties for rape or sexual assault; however, additional penalties under other laws can be applied in addition to the trafficking penalty. The Government actively investigates and prosecutes cases of trafficking. For example, from 1997 through the first half of 2000, there were 418 cases reported to the office of the prosecutor. Of these, 253 cases were tried in court, resulting in 216 convictions. No information on actual sentencing was available at the time of this report. Victims of trafficking have a 3-month period to consider pressing charges against the perpetrator(s), during which time the victim may receive services, shelter, and social security benefits. If a victim decides not to press charges, the victim is repatriated, and the reason for expulsion does not appear on the victim’s identity papers. A victim may be eligible for permanent residency on humanitarian grounds in situations of extreme distress. The Government works closely with and provides anti-trafficking funding to domestic and international NGO’s.

Spain (Tier 1)

Spain is a destination and transit country for trafficked women. Trafficking is almost exclusively for the purpose of sexual exploitation, although there is also trafficking for forced labor in agriculture and sweatshops. Trafficking victims come from the Western Hemisphere (including Colombia, the Dominican Republic, and Brazil), Sub-Saharan Africa (Nigeria, Guinea, and Sierra Leone), northern Africa and Eastern Europe.

The Government of Spain meets the minimum standards. Immigration law specifically prohibits the act of trafficking, and the penalty is commensurate with the penalty for rape or sexual assault. The Government actively investigates and prosecutes cases of trafficking. For example, in 2000 police arrested over a thousand individuals involved in some aspect of trafficking in persons or migrant smuggling. Although statistics on convictions for trafficking are unavailable, the authorities prosecuted 119 persons for the crime of "illegal trafficking in persons," 577 persons for "illegal trafficking in workers," and 312 persons for forcing women (Spanish or foreign) into prostitution. The Government supports anti-trafficking public information campaigns within the country, and provides development assistance to source countries, primarily in Latin America. Undocumented persons, including trafficked persons, are eligible to receive temporary residence if they agree to testify against the perpetrators. At the conclusion of legal proceedings, these witnesses may remain in Spain or return to their country of origin. Undocumented persons may receive medical assistance in emergency situations. Undocumented persons may be detained for up to 40 days during deportation hearings, and are entitled to free legal assistance. The Government works with and provides funding to NGO’s assisting trafficked victims.

Switzerland (Tier 1)

Switzerland is primarily a destination country for trafficked women, and is also a transit country. The number of women trafficked into Switzerland is increasing. Most of the women trafficked for purposes of sexual exploitation originate from former Eastern bloc and Soviet countries, including the Balkan countries, Hungary, Russia, Ukraine, Latvia, Lithuania, and Estonia. A decreasing number of women are from Thailand, the Dominican Republic, Brazil, and Colombia, and some African countries such as Cameroon.

The Government of Switzerland meets the minimum standards and is taking significant additional steps at the federal level to combat trafficking. The law criminalizes trafficking in persons for purposes of sexual exploitation. The penalties for trafficking are commensurate with those for rape and sexual assault. The Government actively investigates and prosecutes cases of trafficking. Approximate statistics available at the time of this report indicate that from 1998-2000, the authorities investigated an average of 30 cases per year under the law prohibiting human trade, with an average of four convictions each year. In addition, the approximately 70 cases investigated annually under "encouragement to prostitution," with 29 convictions in 1998 (the latest period for which information was available) probably include traffickers. Since 1905, Switzerland has had a government office designated to combat trafficking of girls for the purpose of commercial sexual exploitation, which has evolved to include all forms of trafficking. Since 1993, the law on aid to victims has offered aid to crime victims through counseling and protection, and has safeguarded victims' rights in criminal prosecutions with special rules for trial procedures and for compensation and redress. While cantonal police authorities often rapidly deport women charged with illegal prostitution, federal police are encouraging them to delay deportation to allow for counseling of trafficking victims and to increase the likelihood that victims may testify against traffickers. The Federal Police Office regularly exchanges information with NGO’s on networks, transit routes, and other trafficking trends. Federal and regional governments provide NGO’s with funding for services to victims. The Government has pilot programs at embassies in source countries, such as Thailand, to educate visa applicants about trafficking risks. In response to a March 2000 parliamentary motion, the Federal Council (Cabinet) appointed an interagency working group to assess anti-trafficking and victim protection measures.

Taiwan (Tier 1)

Taiwan is a destination point for internationally trafficked persons.  Some young women from Southeast Asia, primarily China and Thailand, are trafficked for the purpose of sexual exploitation.  Many enter Taiwan by gaining entry permits through sham marriages.  A small number of fugitive girls are trafficked internally for sexual exploitation.  Thai, Filipino, and Indonesian men sometimes face coercive employment situations created through the repayment of excessive broker fees from employment agencies.

The Taiwan authorities meet the minimum standards for combating trafficking. A number of laws incorporate anti-prostitution and some anti-trafficking elements; however, the legislature has not passed laws specific to trafficking. Authorities reportedly prosecuted two trafficking cases during 2000. Foreign victims of trafficking who have violated Taiwan's immigration laws are repatriated as quickly as possible.  Authorities provide funding to NGO's working with prostitutes and government social welfare agencies assist foreign workers who encounter abusive employment conditions.  If a child prostitute is involved, the police contact a social worker to assist the victim.  Police are trained in handling trafficking, prostitution, and cases of domestic violence.  Because Taiwan does not have diplomatic relations with most countries, formal cooperation on trafficking cases is not possible. Taiwan is ineligible for membership in the United Nations, and therefore cannot become a party to UN conventions, although the authorities make every effort to abide by the principles of the major UN anti-trafficking conventions, some of which have been incorporated in domestic laws and regulations.

United Kingdom (Tier 1)

The United Kingdom (UK) is a destination country for trafficked men, women, and girls. A Government-sponsored report estimates that up to 1,500 women and girls are trafficked into the UK annually for purposes of sexual exploitation from Eastern Europe and the Balkans, South America, Nigeria, Thailand, and Vietnam. Although there are no reliable data as to the numbers of victims, men, women, and children from the Indian sub-continent, Sri Lanka, Turkey, the former Yugoslavia, Romania, China, Congo, Angola, Colombia, and Ecuador also are trafficked to the UK; labor exploitation occurs primarily in agriculture, sweatshops, and industry.

The Government meets the minimum standards to combat trafficking in persons. The law does not specifically criminalize the act of trafficking; however, there is a range of other relevant laws that are used to prosecute perpetrators. The Government actively investigates and prosecutes cases of trafficking. For example, according to a 2000 Government-sponsored report, of eight trafficking cases involving sexual exploitation prosecuted in 1998, seven resulted in convictions and one case still was pending at the time of the report's release. Police and prosecutors can arrange for temporary residence status for victims, as well as legal, medical and psychological services. Victims are not treated as criminals nor are they detained, jailed, or deported. The Government funds foreign and domestic NGO’s working on anti-trafficking issues, and has supported domestic efforts to establish NGO’s addressing assistance to victims. The Government supports prevention programs especially through its missions overseas. For example, it distributes anti-trafficking literature and videos in the Balkans and other source countries. There is no formal interagency mechanism; however, the relevant agencies do coordinate their anti-trafficking efforts.


  

 

 


    
IV. Country Narratives - Tier 2

Angola (Tier 2)

Angola is a country of origin for trafficked persons. The National Union for the Total Independence of Angola (UNITA) rebel forces are alleged to abduct children, who are used for forced labor and in military service, and women, who are used for forced labor, including as sex slaves.

The Government of Angola does not yet fully meet the minimum standards; however, the Government is making significant efforts to combat trafficking despite limited resources and a continued military campaign against insurgents. The on-going civil war, which has displaced nearly a quarter of the population, has left the Government unable to exercise complete control over a large portion of the country, and government efforts to combat trafficking focus on aid and assistance to victims. The Ministry of Social Reinsertion (MINARS) works with UNICEF and NGO's to provide treatment and housing for freed children. For example, in March 2000, MINARS worked with several NGO's and UNICEF to trace and reunite 42 separated children with their families. The Government established a program for resettlement and reintegration of rebels who put down their arms. A military liaison in each province/military district is responsible for coordinating with NGO's, including groups that assist refugees and trafficking victims. The 1991 Constitution prohibits human bondage; however, no legislation exists to enforce this prohibition. There is neither a senior official nor intra-governmental mechanism to coordinate anti-trafficking measures, and the Government has not conducted a prevention campaign.

Bangladesh (Tier 2)

Bangladesh is a country of origin for internationally trafficked persons, primarily women and children. Several thousand women and girls are trafficked annually from Bangladesh for the purpose of sexual exploitation, primarily to India, Pakistan, and the Middle East. Boys also are trafficked to the Middle East, where they are engaged as camel jockeys.

The Government of Bangladesh does not yet fully meet the minimum standards; however, the Government is making significant efforts to combat trafficking despite severe resource constraints and corruption. The Government has recognized that trafficking in persons is a national problem, has enacted anti-trafficking legislation, and has endeavored to arrest and prosecute traffickers. The law prohibits trafficking, and penalties for trafficking are commensurate with those for rape. Arrests are publicized in the press, and there were three convictions of traffickers in 2000. There is no evidence of government complicity with traffickers, but rampant corruption among police, border, and immigration officials severely undermines law enforcement efforts. The Government is working to address police corruption and abuses by offering human rights training to senior officers, particularly to the chiefs of the various police training centers. This training includes the issue of trafficking in persons. The treatment of victims is generally humane; trafficked persons are not detained, jailed, deported, or prosecuted for violations of immigration or prostitution laws. However, in an effort to combat trafficking, in 1998 the Government placed restrictions on Bangladeshi women traveling abroad to work as domestic servants for non-Bangladeshi employers. Bangladeshi women are permitted to travel abroad for other types of employment, or to work as domestic servants for Bangladeshi expatriates. Active local NGO's, largely funded by foreign donors, combat trafficking through awareness campaigns and provide shelters for some victims. The Government is cooperative with and supportive of the efforts of NGO's and civil society organizations, but resource constraints, lack of interagency coordination, backlogged courts, corruption, and poor training pose obstacles to effective efforts to protect victims and prosecute traffickers.

Benin (Tier 2)

Benin is a source, transit, and destination for trafficked persons, primarily children. Trafficking also occurs within Benin. Beninese children are trafficked to Ghana, Nigeria, and Gabon for indentured or domestic servitude, farm labor, and prostitution. Children from Niger, Togo, and Burkina Faso have been trafficked to Benin for indentured or domestic servitude. Internal trafficking of children within Benin takes place in connection with the forced servitude practice called "vidomegon," whereby poor, often rural, families place a child, primarily a daughter, in the home of a more wealthy family to avoid the burden the child represents to the parental family. The children work, but the arrangement is voluntary between the two families.

The Government of Benin does not yet fully meet the minimum standards; however, the Government is making significant efforts to combat trafficking. The Government is severely limited by a lack of resources but does recognize that trafficking is a problem. There is no law specifically prohibiting trafficking; however, the Government can prosecute traffickers under other statutes. To prevent trafficking, the Government is working with international organizations to increase literacy rates, diversify the economy, and improve health care. In July 2000, the Government created interministerial bodies under the direction of the Ministry of Justice to coordinate governmental efforts to protect the rights of children. The Government is participating in a two-part ILO trafficking project with eight other countries (Burkina Faso, Cameroon, Cote D'Ivoire, Ghana, Nigeria, Senegal, and Togo). Benin also has bilateral agreements with Togo, Gabon, and Nigeria, which focus on border control and repatriation of trafficking victims. Despite bilateral agreements, porous borders and widespread poverty in the rural areas, from which Beninese child trafficking victims originate, hamper enforcement efforts.

Brazil (Tier 2)

Brazil is a source country for victims of both domestic and international trafficking. The majority of Brazilian trafficking victims are women and girls who are trafficked for the purpose of sexual exploitation to Europe, Japan, Israel, and the United States. Young men are most often trafficked domestically in the agricultural labor market; however, they also have been trafficked as athletes to Europe. These men are then subjected to humiliating conditions or coerced into other areas of exploitation such as prostitution. Occasionally women are employed as domestic servants in conditions amounting to involuntary servitude. Trafficking for labor purposes of rural Brazilians and, in some cases, immigrant laborers, also occurs in urban areas of Brazil.

The Government of Brazil does not yet fully meet the minimum standards; however, it is making significant efforts to combat trafficking despite resource constraints and a lack of coordination between the federal and state levels. On the local level, corruption has in some cases hampered enforcement efforts. The Criminal Code prohibits some, but not all, severe forms of trafficking in persons. The penalties for trafficking are roughly commensurate with the penalty for rape or sexual assault. The Government actively investigates and prosecutes cases of trafficking. Between 1996 and 2000, courts convicted 94 individuals or groups of trafficking. As of early 2001, approximately 85 trafficking cases were under investigation. While victims of trafficking are not treated as criminals, access to shelter and to legal, medical and psychological services may as a practical matter be very limited due to a lack of government resources. The Government supports various programs to combat trafficking, including public information campaigns and an inter-ministerial campaign against the sexual exploitation of minors, and it works closely with a number of NGO’s on issues of trafficking and forced labor. In November 2000, Brazil hosted the first international conference of the United Nations Office for Drug Control and Crime Prevention on trafficking in human beings.

Bulgaria (Tier 2)

Bulgaria is a source and transit country for trafficking. Women from Romania, Moldova, Russia, Ukraine, Armenia, Azerbaijan, and Georgia are trafficked for sexual exploitation to Macedonia, Greece, Turkey, Kosovo, Bosnia, Italy, Poland, and Western Europe.

The Government of Bulgaria does not yet fully meet the minimum standards; however, the Government is making significant efforts to combat trafficking despite a lack of resources and low-level corruption. The Government does not have specific trafficking laws but can use other provisions to prosecute trafficking. Penalties are commensurate with those for rape. The Government does investigate trafficking, encourages victims to testify, and has two police units dedicated to the problem. Statistics on prosecutions are unavailable, but it appears that few, if any, traffickers have been prosecuted yet. No government programs exist for prevention or protection of victims; however, the Government provides in-kind assistance to NGO’s, and refers victims to NGO's for repatriation. NGO's have noted that Bulgaria’s Embassy in the major trafficking destination of Warsaw assists trafficking victims and collaborates closely with NGO's on the issue. The Government cooperates with other governments to combat trafficking through bilateral agreements and information sharing.

Burkina Faso (Tier 2)

Burkina Faso is a source, transit, and destination country for internationally trafficked persons, including children. Burkina Faso is an occasional source country for women who travel to Europe to work as domestics, but, upon their arrival, are exploited sexually. Burkina Faso is a transit country for trafficked children, notably from Mali. Children in transit from Mali are often destined for Cote D'Ivoire. Trafficked Malian children are also destined for Burkina Faso. Destinations for trafficked Burkinabe children include Cote D'Ivoire, Ghana, and Nigeria. In 1999 there were reports of trafficked Burkinabe children destined for Germany.

The Government of Burkina Faso does not yet fully meet the minimum standards; however, the Government is making significant efforts to combat trafficking despite severe resource constraints. There is no law that specifically criminalizes the act of trafficking, but a range of other relevant laws may be used to prosecute traffickers. The Constitution specifically prohibits slavery, inhumane treatment, torture, and mistreatment of children and adults. The Penal Code prohibits kidnapping, violence, and mistreatment of children. The Government prosecutes rape, kidnapping, and pandering cases, and the penalties are generally commensurate with those for rape. The Government has established two centers to help with the social reintegration of at-risk children. The Ministry of Social Affairs has on occasion provided short-term assistance to repatriated minors. In addition, the Government works with local and international NGO’s. The Government, in cooperation with the ILO, formulated a National Action Plan Against Child Labor that incorporates efforts to sensitize the population to the problem of child labor, including trafficking.

 

Cambodia (Tier 2)

Cambodia is a source, destination, and transit country for trafficked persons. Trafficking is both domestic and international. Cambodian men, women, and children are trafficked internationally, principally to Thailand for the purpose of sexual exploitation and for various forms of bonded labor, including street begging. Cambodia is a destination country for young women and girls from Vietnam, who are trafficked for purposes of sexual exploitation. Internally, children and adults from the poorer rural areas of Cambodia are trafficked to Phnom Penh and other commercial areas for sexual exploitation and forced labor.

The Royal Cambodian Government (RCG) does not yet fully meet the minimum standards; however, the Government is making significant efforts to combat trafficking, despite limited resources. It acknowledges the seriousness of the trafficking problem and has passed a trafficking in persons statute, which has a penalty stiffer than those for rape and sexual assault. However, implementing legislation has not been passed, and lack of prosecutorial resources prevents enforcement. Severe resource limitations hamper all aspects of civil governance. The Government has developed a 5-year plan to stop child sexual exploitation through information campaigns and law enforcement, and the Prime Minister’s office also is engaged in the issue. The Government is working with NGO’s and donor countries to carry out elements of this plan. With NGO funding, some centers help returning and freed victims with reintegration. However, civil society groups, NGO’s, international organizations, and donor countries find that all efforts to combat trafficking are seriously undermined by a combination of weak institutions and pervasive corruption. The Government cooperates with the governments of Thailand, the United States, and Australia on trafficking cases.

Cameroon (Tier 2)

Cameroon is a source, transit, and destination country for internationally trafficked persons; trafficking also occurs within Cameroon. Children are trafficked from and through Cameroon to other West African countries for indentured or domestic servitude, farm labor, and sexual exploitation. Women are principally trafficked from Cameroon to Europe for sexual exploitation.

The Government of Cameroon does not yet fully meet the minimum standards; however, the Government is making significant efforts to combat trafficking despite severe resource constraints. The Penal Code prohibits trafficking in persons and slavery; however, enforcement is constrained by the Government’s limited resources. The penalties exceed those for forced sexual assault. The Government is participating in a two-part ILO trafficking project with eight other countries (Benin, Burkina Faso, Cote D'Ivoire, Ghana, Mali, Nigeria, Senegal, and Togo). The Government established an interagency committee to combat trafficking and has developed a program to find and return trafficked children. The Ministry of Social Affairs is able to provide rehabilitative assistance to some child victims of trafficking and forced labor, but the facilities are overcrowded and poorly financed. The Government does not have resources to fund NGO's and relies on foreign assistance. The Government works with local and international NGO's that provide temporary shelter and assistance to victims of trafficking.

People's Republic of China (Tier 2)

The People's Republic of China (PRC, China) is both a source and destination country for trafficking in persons. Most trafficking is internal. The vast majority of internal trafficking is for the purpose of providing lower-middle income farmers with brides or sons, but a minority of cases involve trafficking of women into forced prostitution in urban areas, and there are some reports suggesting that some victims, especially children, are sold into coerced labor. Internationally, Chinese citizens are trafficked to Malaysia, Burma, Japan, North America, Australia, the Philippines, and Taiwan for sexual exploitation and indentured servitude in sweatshops and restaurants. China is a destination country for trafficked persons from Burma, North Korea, Vietnam, Laos, and Russia, who are subject to sexual exploitation as prostitutes or in arranged marriages.

The Government does not yet fully meet the minimum standards; however, it is making significant efforts to combat trafficking, and has undertaken extensive anti-trafficking efforts. The law prohibits trafficking in women. Sentences for trafficking three or more persons are as severe as those for rape. The Government has signed some international protocols related to trafficking but has not yet implemented them. Officials have investigated and prosecuted many acts of severe forms of trafficking in persons taking place wholly or partly in the country. Many domestic victims of severe forms of trafficking in persons are given assistance and returned to their homes. The central Government has provided funds to provincial and local police to house victims and return them to their homes. Government-funded women's federation offices have provided counseling on legal rights for some victims, including the options for legal action against the traffickers. There have been unconfirmed reports of complicity by some local officials in trafficking and there also have been credible reports of involvement by some local officials in the related problems of alien smuggling and prostitution; the Government strongly condemned and severely punished such behavior. The Government has conducted public education campaigns against trafficking as a preventive measure. Government authorities have engaged in cooperative activities with foreign governments in combating trafficking in persons and the related problem of alien smuggling, particularly with bordering countries.

Costa Rica (Tier 2)

Costa Rica is a transit and destination country for trafficked persons. The country serves as a transit point for trafficked persons from Asia to the United States. There also have been reports of girls from the Philippines being trafficked to the country for the purpose of sexual exploitation. Isolated cases of trafficking have involved persons from Africa, Bolivia, China, Colombia, Cuba, the Dominican Republic, and the Middle East.

The Government of Costa Rica does not yet fully meet the minimum standards; however, the Government is making significant efforts to combat trafficking despite resource constraints. The criminal code prohibits trafficking in women and minors for the purpose of prostitution, but it does not address all severe forms of trafficking. There is a government Inter-Ministerial Group on Trafficking to address the problem in the country. Each participating ministry has reportedly incorporated preventative trafficking measures into their ministerial agendas. The Government supports prevention programs to combat sexual exploitation of minors and trafficking. There are limited formal mechanisms specifically designed to aid trafficked victims; however, the Government does offer indirect assistance to child victims of trafficking. Victims are not granted temporary or permanent residence status, and often are deported immediately to their country of origin.

 

Cote D'Ivoire (Tier 2)

Cote D'Ivoire is a source and destination for internationally trafficked persons, and trafficking also occurs within the country. Ivoirian women and children are trafficked to African, European, and Middle Eastern countries. Children are trafficked to Cote D'Ivoire from Mali, Burkina Faso, Guinea, Ghana, Benin, and Togo for indentured or domestic servitude, farm labor, and sexual exploitation. Women principally are trafficked from Nigeria, Ghana, Liberia, and Asian countries to Cote D'Ivoire.

The Government of Cote D'Ivoire does not yet fully comply with the minimum standards; however, the Government is making significant efforts to combat trafficking in persons. The Government is severely limited by a lack of resources in addressing its trafficking problem, including the monitoring of its borders. There is no law specifically prohibiting trafficking in persons; however, the Government can prosecute traffickers under both the Penal Code and Labor Code. Since 1999 the Government has prosecuted at least 22 traffickers and has repatriated approximately 3,000 foreign trafficked children. Victims are not detained, jailed, or deported; foreign embassies are responsible for repatriating them. The Government cooperates with neighboring countries, international organizations, and NGO's to combat trafficking. The Government is also participating in a two-part ILO trafficking project with eight other countries (Benin, Burkina Faso, Cameroon, Cote D'Ivoire, Ghana, Mali, Nigeria, Senegal, and Togo). In January 2001, the Government completed and validated the National Emergency Action Plan for the Fight Against Cross-Border Trafficking in Children for January-June 2001.

Czech Republic (Tier 2)

The Czech Republic is a source, transit, and destination country for trafficked persons. Czech citizens, primarily women and children, are trafficked within the country and to Western Europe for the purpose of sexual exploitation. Women from Moldova, Romania, Bulgaria, Ukraine, and the Balkan countries are trafficked to or through the Czech Republic for the purpose of sexual exploitation.

The Government of the Czech Republic does not yet fully meet the minimum standards; however, the Government is making significant efforts to combat trafficking despite resource constraints. According to unconfirmed NGO reports, local border officials are sometimes complicit in trafficking. The Criminal Code prohibits trafficking in women and children for the purpose of sexual exploitation. There also are other relevant statutes that can be used to prosecute traffickers. The penalties for trafficking are roughly commensurate with those for rape or sexual assault. The Government investigates and prosecutes cases of trafficking in persons, although the conviction rates are low. For example, in 1999 a total of 66 persons were charged with trafficking in women for sexual exploitation purposes. Of those, 27 persons were tried, and 8 were sentenced to 1 to 5 years in prison. The Government cosponsored a national media and educational campaign in 2000 in order to warn women of the dangers of trafficking, and created a program to be used in schools. The Government does not provide direct assistance to victims, but does refer them to NGO's that provide assistance. Some of these NGO's receive government funding. Foreign victims are treated as illegal immigrants and either are detained or asked to leave the country within 30 days; however, foreign victims may be offered temporary residence if they agree to testify against a trafficker. Czech citizens who are trafficked to other countries often cannot receive government assistance upon their return because their identity documents have been stolen or taken by traffickers.

Dominican Republic (Tier 2)

The Dominican Republic is primarily a source country for trafficked women and, less frequently, for minor girls. According to the Center for Integral Orientation and Investigation (COIN), an NGO, women typically between the ages of 18 and 25, and girls as young as age 15, are trafficked for purposes of sexual exploitation and domestic servitude to Europe (Italy, Holland, Switzerland, Germany, Greece, and Belgium), the Lesser Antilles (Curacao, Saint Martin, Aruba, and Antigua), and, in some cases, to Argentina and Israel.

The Government of the Dominican Republic does not yet fully meet the minimum standards; however, the Government is making significant efforts to combat trafficking on several fronts. The Criminal Code prohibits trafficking in persons for the purpose of prostitution, but it does not include other severe forms of trafficking. There is also a migrant smuggling law that can be used to prosecute traffickers. The penalties for trafficking in persons are not commensurate with those penalties for rape, sexual assault, or severe forms of domestic violence. The Government has successfully prosecuted several individuals engaged in trafficking in persons, and sentenced them to prison terms from 3 to 5 years. The Government takes action against government officials who facilitate trafficking. For example, from January to August 2000, the authorities dismissed 42 immigration employees for connections with groups that smuggle or traffic persons. The Government is attempting, through a new social plan, to alleviate some of the extreme poverty that drives Dominican women to migrate in search of employment. There are no governmental services for victims nor does the Government fund local NGO’s providing services to victims.

El Salvador (Tier 2)

El Salvador is a source and transit country for trafficking in persons, primarily women and girls, who are trafficked to Guatemala and other Central American countries. Trafficking also occurs within the country. The majority of trafficked victims transiting El Salvador are from Nicaragua, Honduras, and South America.

The Government of El Salvador does not yet fully meet the minimum standards; however, the Government is making significant efforts despite resource constraints. The Criminal Code specifically prohibits trafficking in persons. The penalty for trafficking is comparable to the penalties for rape and forcible sexual assault. The Government has not prosecuted cases against traffickers, in part because the law is new, and also due to a lack of resources. However, the Government has created special units to investigate and prosecute cases of violence against women and children, including trafficking. The Government deports non-Salvadoran victims of trafficking; however, victims can obtain temporary residency or refugee status if they are likely to face political persecution in the country of origin. Victims of trafficking are not treated as criminals. The Government does not provide assistance to its repatriated citizens who are victims of trafficking, nor does it support the NGO’s that assist them. The Government maintains a good working relationship with NGO’s.

Ethiopia (Tier 2)

Ethiopia is a country of origin for internationally trafficked women. Ethiopian women voluntarily travel to Middle Eastern countries, primarily Lebanon, Saudi Arabia, Bahrain, and the United Arab Emirates, to work as domestics; some of these women subsequently report abuse that could be categorized as trafficking. There is also evidence of trafficking in persons within Ethiopia. The abduction of women and girls as a form of marriage is practiced in certain regions.

The Government of Ethiopia does not yet fully meet the minimum standards; however, the Government is making significant efforts to combat trafficking despite severe resource constraints. The Penal Code has sections that criminalize trafficking, enslavement, and abusing the human rights and integrity of an Ethiopian sent abroad. The penalties for trafficking are roughly commensurate with those for rape or sexual assault. The Government does not have the resources to actively investigate and prosecute traffickers and there have been no reported prosecutions of traffickers. The Federal Police’s Women’s Affairs Bureau in collaboration with the media created a continuous public awareness program on the dangers of migrating to Middle Eastern countries. In March 2000, the Ministry of Foreign Affairs opened a consulate in Beirut to assist women in abusive employment situations. The Government is unable to provide direct assistance to victims, and there is only one Ethiopian NGO that could provide such assistance.

 

France (Tier 2)

France is a destination and transit country for trafficked victims, primarily women from Africa, South America, Eastern and Southern Europe, and the New Independent States. In general, victims are trafficked into sexual exploitation or domestic slavery.

The Government does not yet fully meet the minimum standards; however, the Government is making significant efforts to combat the problem. There is no specific law against trafficking, but a range of other laws is used to prosecute traffickers. The Government actively investigates and prosecutes traffickers. The courts have convicted several people of enslaving their domestic servants. One case resulted in a year’s imprisonment, a fine of approximately $5,000, and payment of damages to victim of approximately $30,000. The Central Office for the Repression of Trafficking in Humans, created in 1958, centralizes information and coordinates operations to combat trafficking. The Government has no articulated protection programs in place for trafficking victims. Those victims located or arrested by the authorities normally are processed as illegal immigrants and may be detained or jailed. Trafficking victims may be granted temporary residency while they apply for asylum. Victims are encouraged to file legal action against traffickers. The Government works closely with other countries and NGO’s to combat trafficking. The Government supports anti-trafficking prevention programs, as part of the European Union, including information and media campaigns, seminars, and a trafficking project in West Africa.

Georgia (Tier 2)

Georgia is a source and a transit country for trafficking in both men and women. Georgians are mostly trafficked to Turkey, Greece, Israel, and Western Europe for work in bars, domestic service, and prostitution. Russian and Ukrainian women are trafficked through Georgia to Turkey.

The Government of Georgia does not meet the minimum standards; however, it is taking steps to combat trafficking in persons. Georgia is limited by a lack of resources and its inability to control borders and separatist regimes. Georgia has no specific anti-trafficking law, but it does have laws prohibiting slavery, forced labor, illegal detention, kidnapping, rape, sexual coercion, and fraud, with penalties ranging from 3 to 20 years. Prosecutors have used the fraud statutes in several trafficking cases. The Government is imposing new regulations on travel agencies to strengthen the legal rights of clients. Severe budget constraints prevent the Government from funding prevention and repatriation programs. Georgia cooperates with other governments on trafficking cases through exchanges of intelligence and other information.

Ghana (Tier 2)

Ghana is a source, transit, and destination country for internationally trafficked persons, primarily children. Trafficking of children for labor and sexual exploitation also occurs within Ghana. The practice of "Trokosi" is a localized form of slavery or ritual servitude in which girls are forced into slavery for local fetish shrines in repayment for offenses committed by members of the girls’ families. Young women are trafficked to Europe and the Middle East for sexual exploitation. Children are trafficked to and from Cote D'Ivoire, Togo, and Nigeria for indentured or domestic servitude, farm labor and prostitution. Children trafficked from Burkina Faso transit Ghana on the way to Cote D'Ivoire.

The Government of Ghana does not yet fully meet the minimum standards; however, the Government is making significant efforts to combat trafficking despite resource constraints. There is no law specifically prohibiting trafficking in persons; however, the Government can prosecute traffickers under laws against slavery, prostitution, and underage labor. The Government does not actively investigate or prosecute traffickers and has difficulties adequately monitoring its borders. Trokosi is illegal in Ghana, but no actions have been undertaken to eliminate Trokosi shrines or prosecute either the fetish priests or parents who have given away their daughters. The Government supports programs to prevent trafficking, including poverty alleviation and access to education. The Government is participating in a two-part ILO trafficking project with eight other countries (Benin, Burkina Faso, Cameroon, Cote D'Ivoire, Mali, Nigeria, Senegal, and Togo). The Government works to repatriate trafficked children and reunite them with their parents. Assistance to victims is provided by NGO's.

Guatemala (Tier 2)

Guatemala is a source and transit country for international trafficking of persons. In a few instances, it is also a destination country. Trafficked persons come mainly from other Central American countries and Ecuador. Victims trafficked to Guatemala are usually young women or children who are brought in for sexual exploitation. Those trafficked from Guatemala for sexual exploitation are usually minors, both boys and girls, from poor families.

The Government of Guatemala does not yet fully meet the minimum standards; however, the Government is making significant efforts to combat trafficking despite resource constraints and endemic corruption. The law specifically prohibits trafficking and smuggling of persons. The Government investigates trafficking cases; however, there have been no prosecutions of trafficking cases as victims often fail to press charges due to a cumbersome judicial system. The penalty for trafficking is not commensurate with the penalty for rape, and prison sentences for traffickers are commutable. The Government does not assist or protect victims of trafficking, although victims are not treated as criminals. The Government has conducted anti-trafficking and anti-smuggling public awareness campaigns, and it provides limited funding to NGO’s dedicated to preventing trafficking.

Haiti (Tier 2)

Trafficking of children occurs primarily within Haiti's borders for purposes of prostitution or labor. The practice of parents sending their children, mainly girls, whom they feel they cannot take care of to work as domestic servants in exchange for that child’s room and board has existed in Haiti for centuries. These children are called "restaveks" (derived from the French words ‘rester avec’ meaning ‘to stay with’). While many restaveks are well taken care of and receive adequate care including an education, a significant number are subjected to violence, threats and other forms of physical and mental abuse. Some of the former restaveks end up as prostitutes because they lack the resources to return to their families or other opportunities when their services are no longer needed as restaveks. To a lesser extent, Haiti is a country of origin for trafficked men and women to the United States, Europe (mainly France), Canada, and the Dominican Republic.

The Government of Haiti does not yet fully meet the minimum standards; however, the Government has acknowledged its internal trafficking problem and is making significant efforts to address it despite severe resource constraints. There is no evidence that the authorities are complicit in trafficking. There is no law specifically prohibiting trafficking in persons, and the Government does not adequately enforce existing labor laws regarding child labor. However, the Government devotes its entire social welfare budget to combat the trafficking of restavek children. For example, the Government ran a media campaign to prevent the mistreatment of children and maintained a hotline for victims. This effort resulted in the removal of 760 restaveks from abusive households. Government officials then placed rescued victims in shelters and in the care of NGO’s. The International Labor Organization, at the Government’s request, is developing a framework for addressing the gap between practice, national legislation, and international standards with regard to combating child domestic labor.

 

Honduras (Tier 2)

Honduras is primarily a source country for trafficked children to neighboring countries. According to the NGO Covenant House Honduran children, especially young girls, are trafficked by criminal groups to other Central American countries for purposes of sexual exploitation. Honduran boys reportedly are being trafficked to Canada for the purpose of drug trafficking. There are reports that trafficking in children also occurs within the country's borders.

The Government of Honduras does not yet fully meet the minimum standards; however, the Government has made significant efforts to combat trafficking. The Criminal Code specifically prohibits trafficking in persons. The penalties for trafficking are generally comparable with the penalties for rape or forcible sexual assault. Corruption, lack of resources, and weak police and judicial institutions undermine effective law enforcement. Although traffickers have been arrested, the Government has not prosecuted any cases. The Government has not developed public information or prevention campaigns. There are no special services for victims of trafficking; however, the Government does assist repatriated Honduran nationals for a period of up to 6 months with job placement assistance, temporary shelter, and basic subsistence. In March 2000, the Government inaugurated two centers for citizens deported from other countries who are relocating to Honduras. In 2000 the Government cooperated with Mexican officials to repatriate approximately 400 Honduran girls trafficked to Mexico for purposes of sexual exploitation.

Hungary (Tier 2)

Hungary is primarily a transit, but also a source and destination country for trafficked persons. Women and children are trafficked for sexual exploitation mostly from Romania, Ukraine, Moldova, Poland, the Federal Republic of Yugoslavia, and China to and through Hungary to Austria, Germany, Spain, the Netherlands, Italy, France, and the U.S. Men trafficked for forced labor through Hungary to the EU and the U.S. come from Iraq, Pakistan, Bangladesh, and Afghanistan. Trafficking victims from Hungary are typically women from the eastern part of the country where unemployment is high.

The Government of Hungary does not yet fully meet the minimum standards; however, the Government is making significant efforts to combat trafficking despite a lack of resources and endemic, low-level corruption. A trafficking law provides for penalties commensurate with those for rape. There were 13 ongoing trials at the time of this report. The Government has identified trafficking fronts, including modeling, employment, and entertainment agencies, many of which use the same mobile phone numbers and addresses, indicating probable organized crime involvement. Strict data protection legislation, a response to excesses of the old communist regime, prohibits joint investigations by organizations with police powers, so there is no central or coordinated authority on trafficking issues. Under the Organized Crime Task Force, the police are investigating trafficking cases involving organized crime, and the Government is cooperating bilaterally with the U.S. in the law enforcement arena. In theory, assistance with temporary residency status, short-term relief from deportation, and shelter assistance are available to trafficking victims who cooperate with police and prosecutors; however, there are no documented cases in which such assistance was provided. Police and immigration officials allegedly often treat trafficking victims as criminals or refuse to accept reports of kidnapping against young women. The Government is consulting with NGO's to provide anti-trafficking sensitivity training to police. Consular officials are not empowered to provide any legal or financial assistance to Hungarian citizens who are trafficked abroad.

India (Tier 2)

India is a source, transit, and destination country for trafficked persons. Internal trafficking of Indian women and children is widespread. India is a destination country for Nepali and Bangladeshi women and girls for forced labor and prostitution. To a lesser extent, India is a country of origin for women and children trafficked to other countries in Asia, the Middle East, and the West. India serves as a transit point for Bangladeshi girls and women trafficked for sexual exploitation in Pakistan and boys trafficked to the Gulf States to work as camel jockeys. The trafficking of children to India for prostitution from Nepal and Bangladesh is widespread; many are children under 18 years of age.

The Government of India does not yet fully meet the minimum standards; however, the Government is making significant efforts to combat trafficking in persons. The central Government recognizes the trafficking problem, but is severely underfunded and typically unable to implement plans and initiatives with which it agrees. The Immoral Traffic (Prevention) Act (ITPA) prohibits trafficking in human beings (including children), encompasses sexual exploitation for commercial purposes of members of both sexes, and provides enhanced penalties for offences involving minors. While there is federal anti-trafficking legislation, almost all cases are tried at the state level, which is outside the jurisdiction of federal laws. The Government is amending the ITPA to increase penalties for traffickers, assist victims and is seeking legislation conferring on the central Government the primary role in efforts to prosecute trafficking. Backlogged courts and local corruption render most prosecutorial efforts ineffective. There has been limited progress toward training, sensitizing and gaining the cooperation of Indian State police. Many victims are arrested and abused by local police. Cooperation with neighboring countries (specifically Bangladesh and Nepal) in fighting trafficking has recently begun, but the Government has not yet prosecuted cross-border trafficking cases. In July 2000, the Government provided assistance to investigators from the United States who were seeking evidence to use to prosecute a trafficker. The NGO community has taken the lead on prevention, protection and prosecution programs and works well with some entities in the central Government; however, NGO's have a mixed record in securing the cooperation of state police and local government. The Government manages approximately 80 protective homes for victims of trafficking, some of which NGO's have criticized as severely lacking in victim assistance. Calcutta-based anti-trafficking NGO's have joined efforts with state agencies to protect and care for victims of trafficking by improving the quality and security at the main remand home for women and by providing counselors.

Japan (Tier 2)

Japan is a destination country for women, primarily from Thailand, the Philippines, and the New Independent States, who are trafficked for purposes of sexual exploitation. There is evidence that trafficking takes place within Japan to the extent that some of these women are recruited and then subsequently forced, through the sale of their "contracts," to work for other employers in Japan. Japan is also a destination point for illegal immigration from China facilitated by Chinese and Japanese organized crime groups who hold illegal immigrants in debt bondage. Japan is also a major alien smuggling transit point for many travelers who are being trafficked from south and east Asia.

The Government of Japan does not yet fully meet the minimum standards; however, the Government is making significant efforts to combat trafficking.  There are no specific laws that prohibit trafficking in persons; however, in 1999 the Diet enacted two new pieces of legislation which target persons who produce child pornography and those who hold individuals in debt bondage. Traffickers also can be prosecuted for violations of employment laws and Penal Code offenses such as abduction and kidnapping. According to the Ministry of Foreign Affairs, law enforcement agencies have increased operations within Japan to expose broker organizations and establishments in the country that employ trafficking victims. However, there are allegations that some law enforcement units have been reluctant to investigate reports of trafficking and that the Government has not been aggressive in arresting and prosecuting suspected traffickers. Except for the Tokyo metropolitan government, which funds one Tokyo-based NGO assisting victims of trafficking, there is no government support for NGO’s working with trafficked persons in Japan. Victims are often treated as criminals (prostitutes or illegal aliens) by the legal system because the Government does not consider people who willingly enter for illegal work to be trafficking victims. There is no formal "task force," or interagency working group, to coordinate anti-trafficking efforts among various ministries. However, in practice the Government focuses its prevention efforts in Asian source countries by funding public information campaigns targeted at potential victims and providing equipment and training to police and customs officials in those countries. The Government works cooperatively with other countries, but the immigration service has been slow to respond to illicit activities associated with transit passengers at Japan’s international airports.

Kyrgyzstan (Tier 2)

Kyrgyzstan is a country of origin and transit for trafficking in persons. Kyrgyz men, women, and children are trafficked to Russia, Turkey, Germany, and the United Arab Emirates, mostly for prostitution. Men are also trafficked to Kazakhstan for forced labor.

The Government of Kyrgyzstan does not meet the minimum standards and is limited by lack of resources and low-level corruption. The Government developed a 13-step plan to combat trafficking in response to the IOM 2000 trafficking report and is beginning to implement the plan. Kyrgyzstan does not have specific trafficking laws, but prosecutors can use laws against kidnapping, exploitation, rape, and deprivation of freedom. In 1999, 18 people were convicted of trafficking and sentenced to five years imprisonment, and 4 people were sentenced to under two years imprisonment in 2000. Prosecution of 3 of 11 law enforcement officers accused of preparing fraudulent documentation for trafficked women is underway. The Government reports firing several officials involved in trafficking. Kyrgyzstan’s stay-in-school program, which assists low-income children, serves as a prevention measure, and the State Agency for Migration is urging Kyrgyz laborers to obtain signed contracts. The Government provides no assistance to victims, but it cooperates with NGO's that are assisting victims and supports research on migration. Many victims reportedly are forced to pay bribes to law enforcement officials to avoid being prosecuted themselves, usually for traveling with false documents. High-level government officials are participating in IOM-sponsored anti-trafficking roundtables that include tourist agencies, and Kyrgystan has signed the Trafficking in Persons Protocol.

 

Laos (Tier 2)

Laos is a source country for trafficking in persons, primarily young women, although some young men also are victims. Nearly all are trafficked to Thailand, although a small number of persons are trafficked to China. An estimated 20,000 Lao enter Thailand annually, willingly crossing the border seeking employment based on deceptive claims of recruiters, but many are held in indentured and coercive work situations, primarily for sexual exploitation or in sweat shops, once they arrive.

The Government of Laos does not yet fully meet the minimum standards; however, the Government has taken some steps to stop trafficking despite significant resource constraints. The Government devotes resources to protection of children and has established a team in the Ministry of Labor and Social Welfare to attempt to prevent trafficking. There is no law that specifically prohibits trafficking although there are laws against procuring, kidnapping, and slavery. Enforcement as with most laws in Laos is uneven due to poor training. At times repatriated trafficked victims are given re-education in their localities when they return; however, at other times, the government prosecutes them for illegal departures.

Lithuania (Tier 2)

Lithuania is a source, transit, and destination country for trafficking in persons, primarily women who are trafficked for purposes of sexual exploitation. Lithuanian women are trafficked to Western Europe (including Germany, the Netherlands, Denmark, France, and Austria) and the Middle East (including Israel and the United Arab Emirates). Trafficking also occurs within Lithuania.

The Government of Lithuania does not yet fully meet the minimum standards; however, the Government is making significant efforts to address the problem despite resource constraints and reports of corruption among customs and border guards. The Criminal Code specifically prohibits trafficking in persons. The penalty for trafficking is commensurate with the penalties for rape or sexual assault. The Government investigates cases of trafficking; however, there have not yet been any prosecutions. The Government provides limited funding for trafficking prevention and victim’s rehabilitation programs; however, some NGO’s report that government cooperation is marginal, and the NGO’s receive little assistance from local welfare services to assist trafficked victims. Trafficked victims do have access to free medical care. There is no established practice of providing temporary residence for trafficked victims, although it occasionally is granted. Government agencies encourage victims to seek legal action against the traffickers. Government officials respect the rights of trafficked victims.

Macedonia (Tier 2)

Macedonia is a transit and destination country for trafficking. Most victims are women who are trafficked for sexual exploitation from Ukraine, Moldova, Romania, and Bulgaria. Victims transit Macedonia to Italy, Albania, and Kosovo.

The Government of Macedonia does not yet fully meet the minimum standards; however, the Government has taken significant steps to combat trafficking despite scarce resources and low-level corruption. The law does not specifically prohibit trafficking; however, traffickers can be tried under laws prohibiting slavery, kidnapping, illegal entry, and alien smuggling. The Government investigates and prosecutes trafficking, and courts have convicted at least three traffickers. A recently opened government shelter offers limited medical and psychological assistance to victims. Previously officials had typically treated all victims as criminals, but attitudes are changing due to sensitivity training. Rather than deporting victims, officials now send them to the shelter and to International Organization of Migration for repatriation assistance.

Mali (Tier 2)

Mali is a source and destination country for trafficked persons, primarily children. Children from Mali are trafficked to Cote D'Ivoire to work on cotton and cocoa plantations or for domestic servitude. Women from Nigeria are trafficked to Mali for sexual exploitation.

The Government of Mali does not yet fully meet the minimum standards; however, the Government is making significant efforts to combat trafficking despite a severe lack of resources. Laws prohibit the contractual use of persons without their consent. The Government has not prosecuted any cases against traffickers, but there have been prosecutions of traffickers of Malian children in Cote D'Ivoire. In 2000 the Government formulated a comprehensive action plan to combat the trafficking of children through prevention, protection, and prosecution programs; however, due to limited resources, the Government has been unable to implement the plan. The Government signed an accord in 2000 with the Government of Cote D'Ivoire to cooperate against trafficking in children. The Government is participating in a two-part ILO anti-trafficking project with eight other countries (Benin, Burkina Faso, Cameroon, Cote D'Ivoire, Nigeria, Senegal, and Togo). Victims of trafficking are not detained, jailed, or prosecuted for other crimes. The Government relies on the donor community to fund assistance programs, such as repatriation centers.

Mexico (Tier 2)

Mexico is a source country for trafficked persons to the United States, Canada, and Japan, and a transit country for persons from various countries, especially Central America and China. There are an increasing number of persons from Brazil and Eastern Europe transiting through Mexico, some of whom are trafficked Salvadorans and Guatemalans, especially children, are trafficked into Mexico for prostitution, particularly on the southern border. Internal trafficking is also a problem.

The Government of Mexico does not yet fully meet the minimum standards; however, the Government is making significant efforts to combat trafficking despite resource constraints and corruption, especially at the lower levels of government. There are no specific laws that prohibit the trafficking of persons, but there are other relevant laws that may be used to prosecute traffickers. The Government devotes law enforcement and social development resources to prevent illegal transit of persons for any purpose. The Government actively investigates and prosecutes cases of trafficking and smuggling. At the time of this report there were no statistics available on conviction and sentencing rates of traffickers. The Government is implementing anti-corruption measures as part of its larger effort to restructure Mexico’s law enforcement institutions. The Government supports general prevention campaigns for children and women, and administers assistance programs for children repatriated to Mexico. The legal framework exists to protect victims of trafficking, and provide social services to these victims. However, in practice persons illegally in Mexico usually are deported.

Moldova (Tier 2)

Moldova is both a source and a transit country for women and girls trafficked primarily to Turkey, Italy, Greece, and the Balkan region.

The Government of Moldova does not meet the minimum standards and is limited by a lack of resources, low-level border guard corruption, and inadequate legislation; however, it is taking significant steps to combat trafficking in persons. Moldova established an anti-trafficking section within the Ministry of Internal Affairs in 2000. The Government aired a documentary about trafficking in women in 1999, and Moldova has a working group on trafficking to coordinate anti-trafficking activities, which submits quarterly reports on the Government’s activities to combat trafficking. Moldovan law does not prohibit trafficking. An amendment to Moldova’s Criminal Code, still in draft form, addresses the crime. In 2000, Moldovan law enforcement investigated 12 cases that dealt with trafficking persons abroad under the law against pimping. Most of those found guilty received probation, one received a fine of $4,500, and one was placed under parental supervision. To date, no traffickers have been sentenced to jail, although there are cases in the courts. Moldova has cooperated with Belarus, Ukraine, and Russia in investigating trafficking cases. No government-operated or government-funded programs exist to assist victims.

Morocco (Tier 2)

Morocco is a source and transit country for trafficked persons. Moroccan women are trafficked abroad to the Middle East and Europe under the guise of legitimate job offers and then sexually exploited. There is also internal trafficking of women a