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 You are in: Under Secretary for Democracy and Global Affairs > Office to Monitor and Combat Trafficking in Persons > Releases > Trafficking in Persons Report > 2005 Report 
Trafficking in Persons Report   -Report Home Page
Released by the Office to Monitor and Combat Trafficking in Persons
June 3, 2005

V. Country Narratives -- Countries H through P

HAITI (TIER 2 – WATCH LIST)

Haiti is a source, transit, and destination country for men, women, and children trafficked for the purposes of sexual exploitation and forced labor. The majority of trafficking in Haiti involves the internal movement of children for forced domestic labor, referred to as "restaveks." The "restavek" tradition is widespread in Haiti, and fraught with abuse. It involves situations in which poor mothers give custody of their children to more affluent families, in the hope that they will receive an education and economic opportunities. However, the reality is more often a situation of severe mistreatment, abuse, and long hours of uncompensated hard labor. The Government of Haiti estimates there are 90,000-120,000 children in coercive labor conditions as restaveks, but UNICEF estimates the number is much higher — between 250,000 and 300,000. There is also significant cross-border trafficking between Haiti and the Dominican Republic. Notably, women and girls are trafficked into Haiti for prostitution; Haitians are trafficked to the Dominican Republic for forced labor. Observers estimate 2,500-3,000 Haitian children are trafficked annually into the Dominican Republic. On a smaller scale, Haiti is also a source and transit country for illegal migration, much of it bound for the U.S. and Canada, and some of these illegal migrants may be forced into labor to repay smuggling debts.

The Interim Government of Haiti does not fully comply with the minimum standards for the elimination of trafficking; however, it is making significant efforts to do so. Haiti is placed on Tier 2 Watch List for its failure to show evidence of increasing efforts to combat trafficking in persons over the past year. Since the political crisis in Haiti, the interim government has attempted to address trafficking in the country. However, there is much more that needs to be done and the new government (elections will be held this year) should be committed to addressing these issues, including the large-scale exploitation of restavek children. In the short-term, the interim government should explore ways to enact comprehensive legislative reforms to protect children in the country from trafficking and other abuses, seek out opportunities to cooperate with the Government of the Dominican Republic on cross-border trafficking, and find ways to direct resources to the Brigade for the Protection of Minors (BPM) and the Social Welfare Ministry (IBESR) so they may rescue and protect victims.

Prosecution

The political crisis in Haiti left the country without a truly functioning judicial system, and efforts to prosecute and convict traffickers remained weak during the reporting period. Nonetheless, the Ministry of Justice sent an advisory to judges and prosecutors reminding them of their obligations to enforce existing laws governing minors. Additionally, the BPM has made efforts to investigate trafficking-related matters, but investigations have not resulted in prosecutions or convictions. Legislative reforms and passage of the anti-trafficking law will increase the government’s ability to arrest and convict traffickers, but law enforcement efforts will likely remain hampered by a lack of resources, personnel, and equipment. Haiti lacks the capacity to sufficiently monitor its borders and official corruption is endemic and continues to impede anti-trafficking efforts.

Protection

The Government of Haiti did not have the resources to adequately protect victims during the last year, and it struggled to protect Haitians who are dropped off at the Haitian border by Dominican officials. IBESR is able to provide some limited care to victims, and it did manage to reopen one shelter in Carrefour during the reporting period. Most other assistance is provided by NGOs and international organizations.

Prevention

The government lacked the resources and capacity to carry out prevention campaigns. However, the Interim President of Haiti, Boniface Alexandre, has publicly denounced the restavek practice and called on the interim government to do more. The interim government designated the Ministry of Social Affairs and Labor to coordinate anti-trafficking efforts and there was an increase in the budget in 2005 for trafficking and others matters related to the protection of children. In general, prevention campaigns are carried out by NGOs and international organizations.

HONDURAS (TIER 2)

Honduras is a source and transit country for women and children trafficked for the purpose of sexual exploitation. Many victims are Honduran children trafficked from rural areas to urban and tourist centers such as San Pedro Sula, the North Caribbean coast, and the Bay Islands. NGOs and observers estimate that large numbers of minors are being commercially exploited in Honduras and in many other countries throughout the region. Observers have documented more than 1,000 minors (mostly Hondurans) that were victims of trafficking for the purpose of commercial sexual exploitation in 2003. Honduran women and children are trafficked to the United States, Canada, Guatemala, and most other countries in Central America. Foreign victims trafficked into Honduras for commercial sexual exploitation come from Mexico, Guatemala, Belize, and El Salvador. Honduras is also a transit country for illegal migration originating outside the region, including China, and there are unconfirmed reports that some are forced into debt bondage to pay off their smuggling fees.

The Government of Honduras does not fully comply with the minimum standards for the elimination of trafficking; however, it is making significant efforts to do so. The government undertook more serious and sustained efforts to prosecute traffickers and rescue minors from commercial exploitation over the last year. Draft amendments to the criminal code that would increase penalties for convicted traffickers are currently pending in the Honduran Congress. Honduras needs to work more vigorously to prevent Honduran women and girls, many of whom are trafficking victims, from ending up in brothels abroad, including working with the Governments of Mexico, Guatemala, and Belize.

Prosecution

Honduras continued to lack an anti-trafficking law enforcement strategy and a comprehensive anti-trafficking law during the reporting period, though this did not keep authorities from conducting some raids of establishments where traffickers are known to operate. Honduran courts handed down several trafficking-related convictions over the last year. Additionally, the government reported several trafficking-related arrests and also the closure of seven establishments where trafficking was taking place. However, more serious and sustained efforts need to be made to arrest traffickers who operate underage brothels with impunity. Additionally, the Government of Honduras should take more extensive steps to interview and assist adult and foreign victims so they may work with law enforcement officials to prosecute traffickers.

Protection

The Honduran Government continued to lack a plan to assist trafficking victims, although it referred victims of trafficking to NGOs that offer support services for victims. Additionally, the government has assisted in the repatriation of Honduran victims from Mexico and the United States. Honduran officials have participated in some trafficking-related training to help them better identify victims and prosecute trafficking cases. However, government policy generally remains ad hoc. Greater resources should be directed to shelter and victim services in the country. More efforts should also be made to aid foreign trafficking victims who are currently subject to summary deportation without assistance.

Prevention

Honduras continued to lack a comprehensive prevention plan during the reporting period. Additionally, a working group of government agencies, international organizations, and NGOs developed a national plan against the commercial sexual exploitation of children and women, and also drafted legislation to strengthen the law against such crime, which is awaiting review by the Supreme Court of Honduras. The government hosted two seminars on the prevention of the commercial exploitation of minors in August 2004 and has plans to hold additional seminars. Honduras needs to increase its border monitoring efforts to interdict traffickers and rescue their victims. Honduras also needs to increase its efforts to prevent women and children from going abroad into situations where they may be trafficked for the purpose of sexual exploitation.

HONG KONG (TIER 1)

Hong Kong is a transit and destination territory for men and women trafficked for the purposes of sexual exploitation and forced labor. Hong Kong is primarily a transit point for illegal migrants, some of whom are subjected to conditions of debt bondage, sexual exploitation, and/or forced labor upon arrival in the destination country. To a lesser extent, Hong Kong is a destination for women from the People’s Republic of China (P.R.C.) and Southeast Asia trafficked for prostitution.

The Government of Hong Kong complies fully with the minimum standards for the elimination of trafficking. The government continued to implement strong anti-trafficking measures. Through heightened awareness and improved documentation, Hong Kong authorities have improved their ability to identify possible trafficking victims among the large numbers of illegal immigrants. The government maintains effective border and immigration controls, carries out information campaigns to increase awareness of possible trafficking activities, has comprehensive criminal ordinances designed to punish traffickers, and provides access to protective services for trafficking victims.

Prosecution

Hong Kong has no specific anti-trafficking law, but a range of criminal ordinances are used to prosecute traffickers. Hong Kong authorities reported three trafficking-related cases in 2004, resulting in one conviction. The government has devoted greater resources to monitoring potential trafficking and is taking steps to improve its data-collection capabilities. The government has started to maintain case documentation on the number of illegal migrants who may be trafficking victims. In particular, the Hong Kong Security Bureau has instructed field offices to identify and carefully document cases in which trafficking is suspected. Law enforcement officers are deployed to monitor borders, airports, flights, and shipping.

Protection

Hong Kong provides a range of services to trafficking victims through the Social Welfare Department and local NGOs. Regardless of legal status or offenses charged, victims have access to temporary lodging in women’s refugee centers, basic necessities, legal and medical services, and a victim support center. Trafficking victims who testify against their traffickers are granted immunity and are repatriated without being charged with an offense. Hong Kong provides foreign domestic workers with access to support services in labor suits. Law enforcement officers and social workers are provided training in the handling of witnesses and victims.

Prevention

Hong Kong continued its robust prevention programs during the reporting period. The government carried out information campaigns to increase awareness of possible trafficking activities. The government also distributed multi-lingual pamphlets to inform foreign domestic workers of their rights and provided a hotline for foreign domestic workers to call for information about available services and assistance. Authorities regularly shared information on local trafficking and smuggling patterns with the P.R.C. and foreign law enforcement entities.

HUNGARY (TIER 2)

Hungary is a transit, source, and destination country, primarily for women and girls trafficked from Russia, Romania, Ukraine, Moldova, Bulgaria, and the Balkans to Europe and North America for the purpose of sexual exploitation. Hungarian victims trafficked to New Zealand and Canada reportedly increased in 2004. Traffickers often target adult female orphans recently released from State institutions, rural young women, and, to a lesser extent, ethnic Roma women. Internal trafficking occurs from areas of high unemployment in eastern Hungary to western Hungary. According to NGOs and media, Hungary may have thousands of women coerced by traffickers into sexual exploitation as a part of a large illegal commercial sex industry.

The Government of Hungary does not fully comply with the minimum standards for the elimination of trafficking; however, it is making significant efforts to do so. The Hungarian Government continued to improve its anti-trafficking policies and law enforcement in 2004, establishing an effective inter-ministerial, anti-trafficking working group as well as an International Trafficking Unit under the National Police. In early 2005, Hungary opened a shelter for trafficking victims. However, the government provided few funds for victim protection and trafficking prevention campaigns, and authorities continued to detain, jail, or deport trafficking victims who were often prosecuted as prostitutes.

Prosecution

The government showed progress in its law enforcement efforts during the reporting period. Trafficking is criminalized in Hungary with sufficiently severe penalties. In 2004, Hungarian courts initiated 21 trafficking prosecutions and convicted 38 traffickers pursuant to prosecutions initiated in previous years. The government did not report on sentences imposed in 2004. Hungarian law enforcement specialists developed specialized training for police on trafficking investigations and victims’ needs. In 2004, authorities identified and arrested a Hungarian police officer involved in an international trafficking ring. The Hungarian International Trafficking Unit, established in July 2004, assisted several international trafficking investigations with law enforcement agencies from Denmark, Italy, Sweden, Norway, Germany, and Austria. Hungarian authorities arrested and extradited four Romanian nationals involved in trafficking in 2004.

Protection

The Government of Hungary did not provide adequate resources to assist trafficking victims over the last year; however, in early 2005, it donated the use of a facility to establish a trafficking shelter and prostitute rehabilitation center. Police have already referred three potential victims to the shelter. Victims who cooperate with police and prosecutors are entitled to assistance such as temporary residency status and shelter, although in 2004 the government did not track how many trafficking victims received this status. Hungarian authorities frequently continued to detain, jail, or deport trafficking victims in 2004; victims were often prosecuted as prostitutes. The Victim Protection Office of the Ministry of Interior, which had 51 offices throughout Hungary to assist victims of crimes, assisted 18 trafficking victims during the last two years with limited financial support and one or two days of housing. In February 2005, the Ministry of Interior organized a seminar on crime victim protection for government officials; the seminar covered protection for trafficking victims. Hungarian consular officials continued to receive training on how to identify and assist trafficking victims.

Prevention

In 2004, the government established an anti-trafficking working group. Its work raised the level of trafficking awareness throughout the government and improved coordination of Hungary’s anti-trafficking efforts. While the government conducted no independent anti-trafficking information campaigns, it continued to sponsor trafficking awareness programs for secondary school students. Universities offered anti-trafficking programs; in 2004, these programs reached approximately 200 students studying teaching and social work. At the Hungarian Ministry of Interior’s Crime Prevention Academy, the government trained officials from trafficking source countries in counter-trafficking techniques.

INDIA (TIER 2 – WATCH LIST)

India is a source, transit, and destination country for women, men, and children trafficked for the purposes of sexual and labor exploitation. Indian men and women are trafficked into situations of involuntary servitude in countries in the Middle East and children may be forced to work as beggars or camel jockeys. Bangladeshi women and children are trafficked to India or trafficked through India en route to Pakistan and the Middle East for purposes of sexual exploitation, domestic servitude, and forced labor. Nepalese women and girls are trafficked to India for sexual exploitation, domestic servitude, and forced labor. India is also a growing destination for sex tourists from Europe, the United States, and other Western countries. Internal trafficking of women, men, and children for the purposes of sexual exploitation, domestic servitude, bonded labor, and indentured servitude is widespread. Numerous studies show that the vast majority of females in the Indian commercial sex industry are currently victims of sexual servitude or were originally trafficked into the sex trade. India is also home to millions of victims of forced or bonded labor.

The Government of India does not fully comply with the minimum standards for the elimination of trafficking; however, it is making significant efforts to do so. The quality and magnitude of the government’s anti-trafficking response, particularly in the law enforcement area, are seriously insufficient relative to India’s huge trafficking in persons problem. Some important improvements were observed in the efforts of the new government that came into power in June 2004. The Congress-led government has made efforts to consolidate and coordinate central government anti-trafficking efforts through the empowerment of the Secretary for Women and Child Development, who serves as the government’s "nodal officer" for anti-trafficking programs and policies. Modest but uneven improvements in anti-trafficking law enforcement efforts were seen in some localities, most notably the cities of Mumbai and Chennai and the states of Maharashtra and Tamil Nadu. The use of fast-track courts was the key to greater prosecutions and convictions in Tamil Nadu while sustaining a high number of trafficking convictions in New Delhi. The March 2005 order by the Home Minister of Maharashtra state to close down "dance bars" — many of which served as prostitution and trafficking outlets — may check a new trend of traffickers favoring this more sophisticated and concealed format for selling victims trafficked for the purpose of sexual exploitation over more blatant brothel-based trafficking.

India is placed on Tier 2 Watch List for a second consecutive year for its inability to show evidence of increased efforts to address trafficking in persons, particularly its lack of progress in forming a national law enforcement response to inter-state and transnational trafficking crimes. The government also lacked a meaningful response to the significant problem of trafficking-related complicity of law enforcement officials. The central government needs to designate and empower a national law enforcement entity to carry out investigations and law enforcement operations against trafficking crimes with nation-wide jurisdiction. This major deficiency was highlighted by state-level law enforcement officials who, at a 2004 conference, pointed to the difficulty in investigating trafficking crimes across state lines and coordinating with other states’ police forces in accounting for the low level of trafficking-related prosecutions and convictions in India.

Prosecution

Overall, Indian anti-trafficking law enforcement efforts remained weak, though notable progress was seen in particular localities. Comprehensive statistics on trafficking-related investigations, prosecutions, convictions, and sentences were not available, though statistics obtained from several key cities and states showed 195 prosecutions and 82 convictions obtained for offenses related to trafficking for sexual exploitation in 2004. An estimated 2,058 prosecutions and 1,051 convictions for child labor offenses were obtained in 2004 throughout India.

India has adequate laws to address trafficking for sexual exploitation of adults and children. The Immoral Trafficking Prevention Act (ITPA) criminalizes the offenses of selling, procuring, and exploiting any person for commercial sex as well as profiting from prostitution. However, Section 8 of the ITPA also criminalizes the act of solicitation for prostitution, which has been used in the past to arrest and punish women and girls who are victims of trafficking. The Inter-Ministerial Committee on Trafficking in Persons has drafted revisions to the ITPA, in consultation with civil society groups, and has submitted these revisions to Parliament for consideration. The revisions would eliminate Section 8, thereby affording victims of trafficking greater protections.

The Juvenile Justice Act of 1986, amended in 2001, provides modest criminal penalties for sexual offenses committed against minors, including the prostitution of children, but provides strong protections for child victims of trafficking through the oversight of Child Welfare Committees in each state and mandatory care provided in state-approved protection homes.

Indian laws against trafficking for labor purposes, however, are inadequate as they do not offer sufficient criminal penalties for those who are responsible for forced or bonded labor, child labor, and domestic servitude. The Child Labor Act of 1986 has adequate provisions for the freeing and rehabilitation of children found in forced labor conditions, but carries provisions for criminal sentences of a maximum of only three years. Moreover, the enforcement mechanism for this Act appears insufficient – giving the mandate to local Magistrates who are overburdened and ill-trained to carry out the law’s requirements. Similarly, the Abolition of Bonded Labor Act of 1976 provides adequate protections for victims of bonded labor but carries only a maximum sentence of three years’ imprisonment. Few prison sentences have been handed down under this Act. Moreover, the enforcement of this Act is left in the hands of local magistrates who are over-worked and ill-trained to enforce the Act fully and who are charged with the competing mandate of collecting state taxes from the businesses that employ bonded laborers.

Endemic corruption among law enforcement officials impedes Indian efforts to effectively combat trafficking in persons crimes. Many low-level border guards accept bribes or turn a blind eye to cross-border trafficking. Some police officers have been implicated in tipping off brothels to impending raids and profiting from the proceeds of brothels that enslave trafficking victims. As noted, efforts to curb this trafficking-related corruption have been minimal, usually amounting to officers’ transfers or, at best, forced retirement. During the reporting period only two cases of ongoing prosecutions of law enforcement officers for complicity in trafficking were noted. There are also, however, committed police in Chennai, Mumbai, and New Delhi who have worked actively with NGOs to target traffickers and to safeguard victims after their rescue.

In 2004, courts in Mumbai prosecuted 53 persons for trafficking-related offenses, handing down 11 convictions. While this is an increase over 2003, the level of prosecution remains inadequate relative to Mumbai’s role as the largest center for sex trafficking in India. Mumbai lacks special "fast-track" courts for trafficking crimes; consequently, trafficking prosecutions can take as long as eight years, often resulting in acquittals due to lost evidence and unavailable witnesses.

Protection

The central government continues to show inadequate and uneven efforts to protect victims of trafficking, challenged by the decentralized nature of Indian Government social support programs and limited resources. The Department of Women and Child Development (DWCD) – the central government’s nodal anti-trafficking office – improved coordination of support services delivery through greater coordination with states’ departments of women and child development and civil society organizations. Government-run shelters in some localities, like Mumbai, improved significantly over the last year. Other areas lack government-provided shelters dedicated for trafficking victims. During the reporting period, efforts by state governments to develop formal referral systems — through which police regularly refer victims of trafficking to qualified NGO service providers — improved in some areas, but remained woefully inadequate in other localities. In New Delhi, an innovative program was launched, requiring police to provide trafficking victims with counseling from a qualified NGO within 24 hours. This assured level of protection has led to greater victim cooperation with police in investigating and prosecuting traffickers.

In Mumbai, the state-run "Deonar" home for underage trafficking victims has improved its collaboration with U.S. Government-funded NGOs and, as a result, improved the level of care provided to victims it shelters. Police in Mumbai have adopted policies that show greater care for trafficking victims; the police commissioner has instructed police not to arrest women involved in prostitution for solicitation under India’s anti-trafficking and anti-prostitution law — a punishment that often re-victimized trafficking victims in the past.

Prevention

In 2004, the new central government made significant progress in improving a coordinated approach to preventing trafficking in persons. A newly installed Secretary for Women and Child Development was designated the nodal officer to coordinate and oversee all anti-trafficking programs and policies. Since her appointment in mid-2004, the Secretary has reinvigorated the National Central Advisory Committee on Trafficking Persons, including civil society organizations and state-level agencies in frank and productive consultations. Under the Secretary’s leadership, the Committee has introduced much-needed revisions to the ITPA and has begun drafting changes to the 1998 national plan of action on trafficking. Through the Committee, the government coordinated more closely with NGOs, on which it relies for the bulk of anti-trafficking prevention activity in India. The Secretary and her staff have traveled widely, training hundreds of state and police officials in over 20 training sessions.

In late 2004, India’s National Human Rights Commission released a lengthy two-year assessment of the trafficking situation in India, including recommended actions for the government to take in preventing future trafficking. The Human Rights Commission also undertook a study of the sex tourism phenomenon in Goa, a popular international tourist destination. The National Commission for Women joined with the Maharashtra State Commission for Women in holding a workshop on sex tourism in that state.

INDONESIA (TIER 2)

Indonesia is a source and transit country for men, women, and children trafficked internationally for the purposes of sexual exploitation and forced labor, while the country also faces a significant internal trafficking problem. Indonesian victims are trafficked to Malaysia, Saudi Arabia, Kuwait, United Arab Emirates, Hong Kong, Taiwan, Japan, South Korea, Singapore, and Australia. To a much lesser extent, Indonesia is a destination for women from the People’s Republic of China (P.R.C.), Thailand, Taiwan, Uzbekistan, the Netherlands, Poland, Russia, Venezuela, Spain, and Ukraine who are trafficked for sexual exploitation. Within Indonesia, there is extensive internal trafficking primarily from rural to urban areas for commercial sexual exploitation and for other forced labor such as involuntary domestic servitude.

The Government of Indonesia does not fully comply with the minimum standards for the elimination of trafficking; however, it is making significant efforts to do so. In 2004, the Indonesian Government showed clear progress in applying greater law enforcement efforts to fighting trafficking and assisting Indonesian victims abroad, including migrant workers who had been trafficked. The government significantly increased its convictions of traffickers and adopted standard operating procedures for the protection of victims. In some Indonesian provinces, local governments drafted and enacted new laws and budgeted resources for anti-trafficking programs. Following the tsunami that devastated Aceh province, the Indonesian Government rapidly responded with appropriate measures to reduce the potential for trafficking of children from the region. While local governments gave greater priority to trafficking, translating national commitment to local action remained a problem. The Indonesian Government can take significant action by passing a strong and comprehensive anti-trafficking law; addressing internal trafficking; recognizing and taking steps to eliminate debt bondage for migrant workers; and arresting and prosecuting officials involved in trafficking.

Prosecution

The Indonesian Government increased its law enforcement efforts against trafficking during the reporting period. Indonesia does not have a comprehensive anti-trafficking law, but a draft bill is currently pending before Parliament. Although Indonesian law criminalizes trafficking, it lacks a comprehensive definition of the crime. In 2004, the government reported 141 trafficking-related investigations, 51 prosecutions, and 45 convictions. The number of convictions reflected an 80 percent increase over the previous year’s performance. Although law enforcement efforts increased, convictions for trafficking-related offenses often carried light sentences, with an average sentence of just over three years’ imprisonment. The Indonesian Government cooperated with the Malaysian Government in arresting and prosecuting a major network that trafficked Indonesians into Malaysia for commercial sexual exploitation. Corruption and a weak judiciary remain serious impediments to the effective prosecution of traffickers. The government has recognized that action must be taken against officials involved in trafficking, but has provided little information concerning actions it has taken against corrupt officials who may be complicit in trafficking.

Protection

In 2004, the Indonesian Government improved its efforts to provide protection to trafficking victims despite limited resources. National and local victim assistance efforts increased, but remained small in comparison to the scope of the problem. Assistance for internal trafficking victims was minimal. The Indonesian Government continued to operate shelters for Indonesian victims of involuntary servitude and commercial sexual exploitation at its embassies and consulates in Singapore, Malaysia, Saudi Arabia, and Kuwait. The government also operates crisis centers inside the country and cooperates with domestic NGOs and civil society organizations that provide services for victims. The Indonesian Government continued to provide training to officials and law enforcement officers in the handling of witnesses and victims. The Women’s Ministry also finalized standard operating procedures used to assist trafficking victims in 2004. Although Indonesia’s national action plan calls for proper treatment of trafficking victims, implementation varies widely at the local level.

Prevention

The Indonesian Government made commendable efforts to promote public awareness of trafficking in 2004. The government increasingly used its National Anti-Trafficking Ambassador, a well-known television personality, to raise awareness of trafficking and of the need for more anti-trafficking efforts. Although the government has a limited ability to fund prevention programs, it welcomed international assistance and continued to work with NGOs on anti-trafficking and education initiatives. Most education campaigns focused on warning potential victims about trafficking. Some public education material in the campaign to stop child sex tourism in Batam and Bali contained messages for potential clients of prostitutes. Government-sponsored public awareness campaigns often featured senior officials and included television, radio, and print media.

IRAN (TIER 2)

Iran is a source, transit, and destination country for women and girls trafficked for the purposes of sexual and labor exploitation. Women and girls are trafficked to Pakistan, Turkey, and Europe for sexual exploitation. Boys from Bangladesh, Pakistan, and Afghanistan are trafficked through Iran to Gulf states, where they are ultimately forced to work as camel jockeys, beggars, or laborers. Afghan women and girls are trafficked to Iran for sexual exploitation, and for sexual and labor exploitation in the context of forced marriage. Internal trafficking of women and girls for sexual exploitation and children for forced labor also takes place. The internal trafficking of women and children is fueled by an increasing number of vulnerable groups, such as runaway women, street children, and drug addicts.

The U.S. Department of State’s lack of access to Iran prohibits the collection of full and accurate data on the country’s trafficking problem and its government’s anti-trafficking efforts.

As best as can be determined from the limited information available, the Government of Iran does not fully comply with the minimum standards for the elimination of trafficking; however, it is making significant efforts to do so. In 2004, Iran conducted a study on trafficking of women from border provinces to the Persian Gulf, passed a law against human trafficking, and signed separate Memoranda of Understanding (MOU) with Afghanistan, Turkey, IOM, and ILO. The government should develop and implement a comprehensive anti-trafficking national plan of action and appoint a national coordinator to oversee its overall anti-trafficking efforts. Iran should also take steps to enhance protection measures for trafficking victims, including ensuring that those who are punished for trafficking are not victims.

Prosecution

Iran made progress in its prosecution efforts during the reporting period. It passed a law against human trafficking. This new law, in conjunction with the prohibition against the trafficking of children, is expected to enhance Iran’s overall abilities to combat most forms of human trafficking. In addition, Iran arrested and convicted a woman and her accomplice husband for trafficking young girls and women to work in a brothel in the northern city of Qazvin. It also arrested and convicted 20 members of a human trafficking ring in the city of Bileh Savar. The Iranian Border Force (IBF) arrested over 253 Pakistanis smuggled into Iran, some of them likely trafficking victims. This action showed a lack of adequate screening of illegal immigrants to identify trafficking victims.

Protection

Iran’s protection measures for trafficking victims are weak. It is unclear whether the government distinguishes trafficking victims to provide them protection. The State Welfare Organization for Social Affairs reportedly assists victims and those at risk of trafficking through mobile and fixed social emergency centers. These centers provide counseling, legal services, and health care. The State Welfare Organization also manages temporary shelters for "troubled women" and facilities for young runaway girls. These facilities are available to trafficking victims as well.

Prevention

During the reporting period, Iran increased its anti-trafficking prevention efforts. It improved its monitoring of the border with Afghanistan and Pakistan and held a conference on human trafficking. Iran also signed separate MOUs with IOM and ILO to enhance the capacity of its institutions and, among other things, to combat trafficking. Furthermore, Iran is reportedly planning to launch, in collaboration with IOM, public awareness campaigns against the trafficking of women and girls. The State Welfare Organization allocates modest funds to support 41 countrywide centers for street children that deliver care to thousands of children at risk for exploitation.

ISRAEL (TIER 2)

Israel is a destination country for women trafficked for the purpose of sexual exploitation and men and women trafficked for the purpose of labor exploitation. Women from European and former Soviet countries are trafficked to Israel, often through Egypt, and sold to brothel operators, after which they are forced to work off debts through involuntary sexual servitude. Most trafficking victims for sexual exploitation originate from Uzbekistan, Moldova, Russia, Kazakhstan, and Ukraine — with Uzbekistan increasingly becoming the principal source country. In a new trend, traffickers in Ukraine reportedly have begun exploiting an Israeli law that allows all Jews to immigrate to Israel by providing victims with false Jewish identity documents. Most victims of trafficking for the purpose of labor exploitation come from China. Foreign workers from Romania, the Philippines, Thailand, Turkey, Jordan, and former Soviet countries also come to Israel. No reliable evidence exists to indicate how many workers are trafficked. Some trafficked foreign workers suffer from non-payment of wages, threat, coercion, physical and sexual abuse, debt bondage, and restrictions on freedom of movement, including the withholding of their passports.

The Government of Israel does not fully comply with the minimum standards for the elimination of trafficking; however, it is making significant efforts to do so. Trafficked workers are often categorized as illegal foreigners, unless — in rare cases — they seek legal action against their traffickers. Israel still lacks a national task force and an official coordinator for the government’s anti-trafficking efforts, as the government failed to fund such a position. A de-facto coordinator has continued to work on trafficking in persons by coordinating information and anti-trafficking initiatives between various government agencies and NGOs. The government lacks a law against trafficking for the purpose of labor exploitation, although such a law was drafted in 2003 and awaits approval. The government has not established either a procedure for the systematic identification and referral of trafficking victims to places where they can seek care, or a coordinated and transparent system for the humane repatriation of victims. In 2004, Israel changed the Parliamentary Inquiry Committee on Trafficking in Persons into a Permanent Committee on Trafficking in Persons. This Committee drafted laws to enable closure of brothels, provide national health insurance to trafficking victims, grant witness protection for non-Israeli citizens and residents, and postpone the deportation of trafficking victims.

Prosecution

Israel showed improvement in its law enforcement response to trafficking during the reporting period. In 2004, the government investigated 602 cases relating to trafficking for sexual exploitation, an increase from the 460 investigations it conducted in 2003; arrested 103 suspects; and handed down 28 convictions, as compared to 13 convictions in 2003. In its response to labor trafficking, the government prosecuted at least two employers for offenses such as withholding of passports and forgery. Israel has no laws against labor trafficking, but can and does use other laws in its criminal code to prosecute labor traffickers for related offenses. The Knesset is considering an anti-labor trafficking law. In 2004, courts rendered on average stiffer penalties against traffickers, but the judicial process is overburdened with cases, and delays are common. Israel charged a former labor inspector with accepting a bribe, among other charges. The government also indicted a police officer who solicited sexual favors from a trafficking victim and threatened her with arrest and deportation. It also investigated another officer who allegedly extorted payment from a trafficking victim. Reports also indicate that two police officers were criminally charged following complaints against them by foreign workers. Israeli police expanded their anti-trafficking collaborative efforts with the Governments of Ukraine, Bulgaria, and Russia. In addition, the police conducted an unprecedented joint anti-trafficking operation with the Government of Belarus. These efforts resulted in the arrest and indictment in Russia of a trafficking ringleader and his collaborators. An Israeli request for extradition of those indicted is still pending in the Russian Supreme Court. The government should investigate allegations that some manpower agencies facilitate trafficking into Israel.

Protection

Israel’s efforts to care for victims of trafficking remained inadequate during the last year, particularly concerning victims of trafficking for the purpose of labor exploitation. In 2004, Israel expanded the capacity of its only shelter to 50 beds; the shelter assisted 108 trafficking victims of sexual exploitation. With some exceptions, only trafficking victims for sexual exploitation who agree to testify against their traffickers are accorded protection in the shelter. Such victims are now granted visa extensions; work permits; and legal, medical, and psychological services during their stay in Israel. Most trafficking victims in prostitution who are arrested are subsequently deported, as the police do not use a systematic screening procedure to differentiate trafficking victims from violators of immigration laws. In 2004, Israel detained 904 foreign women on charges of engaging in prostitution and deported 796 of them. Those who are victims of trafficking for the purpose of labor exploitation do not receive the same level of protection as do victims of trafficking for sexual exploitation. Most labor trafficking victims who are detained are deported as illegal foreign workers.

The Ramon Unit of the Border Police in 2004 interdicted and rescued 43 women who were attempting to cross the border from Egypt, 36 of whom were being trafficked into Israel for sexual exploitation. Israel also waived court fees for civil suits filed by trafficking victims, published brochures on the rights of foreign workers in English and Hebrew, issued a revised version of a brochure on detainee’s rights in 14 languages, conducted two trafficking-related workshops for inspectors, and negotiated with IOM to monitor the employment of foreign workers in Israel. Given the large number of trafficking victims for commercial sexual exploitation, Israel needs to greatly expand the capacity of its only shelter. It also needs to accord to labor trafficking victims protection services similar to those accorded to victims of trafficking for the purpose of sexual exploitation.

Prevention

The Israeli Government undertook new steps in the area of prevention. The government provided three training sessions for a total of 90 police officers on how to recognize, investigate, and prepare trafficking cases for prosecution. It also conducted anti-trafficking information campaigns in source countries of victims trafficked for the purpose of sexual exploitation by distributing brochures in Russia, Ukraine, Belarus, Kazakhstan, Uzbekistan, and Moldova. In a marked improvement of its efforts to deter and prevent trafficking for labor exploitation, the Israeli Government appointed an attorney to investigate labor law infractions, hired an ombudsman for foreign workers rights, and raised the fines for collecting illegal recruitment fees.

ITALY (TIER 1)

Italy is a destination and a transit country for women and children trafficked for the purposes of sexual and labor exploitation. Estimates provided by PARSEC a social research institute in Italy indicated 2,000 to 3,000 new trafficking victims in 2004. Victims originated largely from Nigeria, Romania, Moldova, Ukraine, and Albania. Other areas of origin included Russia, Bulgaria, Africa, China, and South America. Although children were primarily trafficked for the purpose of sexual exploitation, there have been reports in the past of children trafficked for sweatshop labor in Italy’s Chinese immigrant community.

The Government of Italy fully complies with the minimum standards for the elimination of trafficking. Although the government did not provide full data on investigations, prosecutions, convictions and sentences, the Secretary of State has determined that it has made a good faith effort to do so. In 2004, the government led Europe in the number of trafficking victims protected through special visas and state assistance programs; many of the victims helped were successfully integrated into Italian society. The government’s significant role in prevention is commendable; however, it should implement focused demand reduction campaigns to more effectively tackle the demand for trafficking victims within Italy. The government should be more vigilant in screening illegal migrants to determine whether or not they are trafficking victims. The government must provide comprehensive, national level enforcement statistics to demonstrate appreciable progress.

Prosecution

The government failed to provide updated, centralized law enforcement statistics for 2004; thus, whether or not there was improvement in its anti-trafficking efforts is unknown. Available statistics from 2003 show 328 arrests, an increase from 209 in 2002. Between 2002 and 2003, the government reported 41 lower court convictions. In 2004, Italian authorities successfully cooperated with law enforcement counterparts in Brazil and Cambodia to shut down child sex tourism involving Italian citizens. There continued to be some isolated reports of local and border officials accepting bribes and facilitating trafficking; however the government took measures to mitigate this by rotating officers off patrols for controlling prostitution.

Protection

In 2004, the Italian Government continued and expanded its strong efforts to provide comprehensive protection and reintegration aid to trafficking victims. The Ministry of Equal Opportunity spent over four million Euros on 69 projects to assist 8,600 women victims in 2004, an increase from the 6,086 assisted in 2003. Under Article 18 of Italy’s anti-trafficking law, 1,940 victims, including 118 minors, entered social protection programs in 2004, a nine percent increase from 2003. NGOs, with government funding, provided literacy courses for 440 victims and vocational training for 431; they helped 389 victims find temporary employment and another 944 find permanent jobs. IOM and others considered the government’s Article 18 to be a model for other EU countries. The government continued to implement tough immigration laws in response to a significant influx of illegal immigrants. As a result, there were continued reports of authorities inadvertently deporting potential victims before they could be adequately screened and identified as having been trafficked. In 2004, the government funded voluntary repatriation and six month reintegration assistance for 66 victims.

Prevention

In 2004, the government funded a number of public awareness initiatives that included brochures, posters, bumper stickers, and popular media ads. One television ad highlighted demand by targeting domestic customers in order to emphasize the link between trafficking and prostitution. Italian authorities successfully conducted joint border patrols and training with Slovenia and Albania, reportedly decreasing trafficking flows across the Adriatic Sea. Italy continued to provide bilateral and multilateral assistance for programs in source countries; in 2004, the government funded outreach campaigns in Bosnia and Herzegovina, Bulgaria, Croatia, and Hungary.

JAMAICA (TIER 3)

Jamaica is a source country for children trafficked internally for the purpose of sexual exploitation. A 2001 ILO report cited that more than 100 minors, both boys and girls, are involved in Jamaica’s sex trade. Precise numbers of trafficking victims are difficult to establish due to the underground and under-acknowledged nature of trafficking in the country. Victims often travel from rural areas to urban and tourist centers where they are trafficked into prostitution sometimes with the encouragement or complicity of their families. Jamaica is a transit country for illegal migrants moving to the U.S. and Canada; some may be trafficking victims. Jamaicans are also trafficked into forced labor in the United States.

The Government of Jamaica does not fully comply with the minimum standards for the elimination of trafficking and is not making significant efforts to do so. Jamaican officials failed to undertake any significant efforts to arrest and prosecute traffickers who target children. The government in March 2004 passed the Child Care and Protection Act and has conducted an associated nationwide campaign related to some aspects of the law. However, some of the Act’s provisions have not yet been implemented. Additionally, there was no discernable action taken against traffickers who sexually exploit children. Jamaica needs to increase its efforts to create mechanisms to report crimes, ensure the safety of victims, and effectively prosecute and convict traffickers. Additionally, actions should be taken against corrupt officials who are facilitating the unauthorized international movement of persons.

Prosecution

Jamaica’s law enforcement efforts during the reporting period were weak and did not target traffickers. The government’s law enforcement strategy against child sex trafficking was based upon the 2004 Child Care and Protection Act, which does not address the problem in sufficient depth. There have been no substantial law enforcement steps taken to identify and investigate trafficking cases under the Act, although the Act has been invoked numerous times to prosecute and convict cases of child abuse and other violations of children’s rights. However, there were no reported trafficking-specific investigations, arrests, prosecutions, or convictions over the past year. There has been some limited training for police on the rights of the child as provided for under the Child Care and Protection Act and the IOM provided anti-trafficking training to Jamaican officials. The government also worked with the IOM to enhance its ability to detect transnational trafficking and implemented an island-wide passenger entry and exit system.

Protection

The government’s efforts to protect victims of trafficking during the last year remained ad hoc, and there is no formal policy for protecting child trafficking victims. Social services provide care to the needy and vulnerable, including children removed from trafficking situations. The government’s Child Development Agency, which oversees facilities for at-risk children, and the Bureau of Women’s Affairs each maintain a network of shelters that may be used for trafficking victims. The government also helps to negotiate funding for NGOs that support children who are vulnerable to trafficking. The new Child Care Protection Act has a mechanism for the reporting of abuses against children; however, this Children’s Registry has not yet been implemented. Efforts should be increased to ensure that the legislation is used forcefully to protect children who are being sexually exploited in the country.

Prevention

The Child Development Agency, created in 2004 as an executive agency, and the Bureau of Women’s Affairs are actively involved to promote the rights of women and children in the country, though neither has specific anti-trafficking prevention programs. In general, government officials recognize that children in poverty are vulnerable to trafficking and have expressed a commitment to do more, but government commitment is hampered by resource constraints and a lack of political will. A campaign was carried out to inform the public on the new Child Care and Protection Act, which included provisions to protect trafficking victims and prosecute offenders.

JAPAN (TIER 2)

Japan is a destination country for a large number of Asian, Latin American, and Eastern European women and children who are trafficked for the purpose of sexual exploitation. There have also been cases of Asian and Latin American men trafficked to Japan for criminal, labor and/or commercial sexual purposes. Japanese organized crime groups (yakuza) that operate internationally are involved in trafficking.

The Government of Japan does not fully comply with the minimum standards for the elimination of trafficking; however, it is making significant efforts to do so. The government has made an impressive start in providing assistance to trafficking victims, including implementation of a national action plan with modest, additional resources for government-run shelters and private shelters. The government made substantial efforts to improve the legal framework by drafting penal code revisions which specifically criminalize trafficking and increase penalties for trafficking-related offenses. During the reporting period, the government undertook major reforms to significantly tighten the issuance of entertainer visas to women from the Philippines, a process used by traffickers to enslave thousands of Philippine women in Japan each year. Japan continued to provide support for international anti-trafficking programs and conferences. The foundations that the Government of Japan has laid in the past few months offer promises of results that would place Japan in a leadership role in fighting trafficking.

Prosecution

Japan increased its law enforcement efforts against trafficking during the reporting period. The government uses the penal code and a variety of labor, immigration, and child welfare/protection statutes to prosecute trafficking-related offenses. While Japan’s current laws provide for up to ten-year prison terms and steep fines, actual penalties thus far have been much less severe. The government has drafted revisions to the penal code that specifically criminalize trafficking and increase penalties for trafficking-related offenses. Japan’s National Police Agency (NPA) reported 58 arrests and 48 prosecutions in 2004, reflecting a significant increase over the previous year’s performance. The NPA improved its handling of trafficking cases and provided guidelines on victim identification and treatment to local police forces. The NPA also took concrete steps to increase cooperation with foreign law enforcement agencies on trafficking cases.

Protection

In 2004, the government improved its efforts to protect victims of trafficking. Twenty-two trafficking victims were provided government protection from January through October 2004, a dramatic increase over the previous year. The government implemented a national action plan that provides additional resources for victim protection in government-run shelters and private shelters. Trafficking victims are no longer treated as criminals, and a short grace period allows the government time to develop its cases against traffickers. Japanese authorities referred trafficking victims to government-run prefectural domestic violence shelters and NGO facilities. While the government’s prefectural shelters are now open to foreign trafficking victims, few victims use the shelters for fear that they would be sent to an immigration detention center and then deported. The prefectural governments of Tokyo and Kanagawa continued to provide modest funding to NGOs operating shelters for trafficking victims in those prefectures.

Prevention

The government continued its efforts to raise public awareness of violence against women and trafficking. The NPA produced a training video on trafficking and distributed it to all police offices to improve their awareness of trafficking. The government also took major steps to significantly tighten the issuance of entertainer visas to women from the Philippines, a major source of trafficking victims. The government continued to provide support for international anti-trafficking programs to alleviate poverty, raise awareness of the dangers of trafficking, and promote alternative economic opportunities for women. The government, however, has yet to make a significant effort to lessen the domestic demand for trafficking victims.

KAZAKHSTAN (TIER 2)

Kazakhstan is a source, transit, and destination country for people trafficked for the purposes of sexual exploitation and forced labor. Kazakhstani men, women, and children are trafficked to the United Arab Emirates (U.A.E.), Turkey, Israel, South Korea, Greece, Cyprus, Russia, Syria, and Western Europe. Persons from other countries in Central Asia, particularly Uzbekistan, are trafficked through or to Kazakhstan primarily for forced labor in construction and agriculture. Internal trafficking occurs from rural to urban areas for the purposes of both sexual and labor exploitation. Small trafficking rings, employment and travel agencies, and marriage brokers are often involved in trafficking individuals out of Kazakhstan.

The Government of Kazakhstan does not fully comply with the minimum standards for the elimination of trafficking; however, it is making significant efforts to do so. Kazakhstan’s interagency National Working Group on Trafficking in Persons met regularly and made progress in implementing the National Action Plan adopted in February 2004. The government incorporated anti-trafficking curricula at high schools and universities, and local governments and NGOs throughout Kazakhstan concluded formal agreements of cooperation. The government should adopt amendments it has drafted to strengthen its anti-trafficking legislation, support legislative and prosecutorial initiatives to increase convictions and penalties, and considerably increase funds for trafficking victim assistance and prevention programs.

Prosecution

The Government of Kazakhstan increased its convictions of traffickers during the reporting period, although prosecution numbers remain low relative to the size of the problem. The Kazakhstani Criminal Code covers trafficking for the purposes of sexual or other exploitation both internally and abroad. The government has drafted a set of amendments to strengthen anti-trafficking legislation by more clearly defining trafficking, increasing penalties, and improving protection of victims. Law enforcement conducted 27 trafficking-related investigations during the last year. The courts prosecuted 14 cases and convicted 12 traffickers. However, only five of these traffickers are currently serving prison time; the rest received suspended sentences. Among other training events, the Ministry of Internal Affairs held a conference on trafficking in December 2004 for law enforcement from all parts of the country. In 2004, Kazakhstan cooperated on trafficking investigations with Uzbekistan, Russia, and the U.A.E. Evidence exists of some government officials’ complicity in trafficking. During the reporting period, the government investigated two higher-level officials suspected of aiding trafficking rings.

Protection

Kazakhstan increased its efforts to protect trafficking victims in 2004; however, protection and assistance to victims remained inadequate mainly due to lack of government resources. The government grants temporary residency to identified trafficking victims to ensure safe repatriation or participation in criminal proceeding against their traffickers, though this residency is not specifically guaranteed by law. Local law enforcement officials have a mechanism to refer victims to crisis centers and shelters based on formal agreements with NGOs. The government provided a small amount of funding to the Union of Crisis Centers in 2004, whose member NGOs run nationwide trafficking hotlines and shelters to assist all types of victims, including trafficking victims. In the city of Ust-Kamenogorsk, the local government provided room, board, and protection for trafficking victims, in conjunction with a local NGO. Shelters reported effective coordination with local law enforcement to increase patrols and respond quickly to calls. The Ministry of Foreign Affairs assisted in the repatriation of 36 Kazakhstani citizens from abroad, up from 24 in 2003.

Prevention

Public information about trafficking and education campaigns sponsored by the government has led to greater awareness of the risks of traveling abroad for employment. The government incorporated an anti-trafficking component into curricula at high schools, vocational schools, and universities, and required private and state television and radio stations to broadcast anti-trafficking public service announcements. The government covered the costs of disseminating information packets to media outlets with information on assistance hotlines and government efforts to combat trafficking. Law enforcement agencies continued to undertake unannounced inspections and investigations of travel and employment agencies. Kazakhstan’s National Action Plan is publicly available and lays out a multi-year strategy to combat trafficking.

KENYA (TIER 2)

Kenya is a source, transit, and destination country for men, women, and children trafficked for the purposes of forced labor and sexual exploitation. Kenyan children are internally trafficked for forced domestic servitude, street vending, agricultural labor, and sexual exploitation. Children are also trafficked to Kenya’s coastal area, where they are sexually exploited in a nascent coastal sex tourism industry catering to foreigners. Kenyan women are trafficked to the Middle East, other African nations, and Western Europe for forced domestic labor and sexual exploitation. Burundian and Rwandan children are trafficked to Kenya for sexual exploitation and unpaid domestic labor. Asian nationals, mainly Chinese women, are reportedly trafficked through Nairobi to Europe. Southeast Asian nationals are coerced into accepting circumstances of bonded and unpaid labor in Kenya’s construction and garment industries.

The Government of Kenya does not fully comply with the minimum standards for the elimination of trafficking; however, it is making significant efforts to do so. To advance its anti-trafficking efforts, the government should prosecute suspected traffickers and increase protective services for children found in situations of prostitution.

Prosecution

The government noticeably expanded its anti-trafficking law enforcement efforts over the reporting period. The constitution prohibits slavery and the penal code outlaws forced detention of women for prostitution, abduction, and labor as well as sexual exploitation of children. Investigations into over 20 cases of trafficking are ongoing, including one involving suspected trafficking of Kenyan children to Tanzania. In mid-2004, the Kenyan Police Service (KPS) launched a ten-person Human Trafficking Unit (HTU) to undertake investigations. The HTU began investigating an alleged child trafficking ring operating between Kenya and the U.K., and it sent investigators to the U.K. to interview suspects. In May 2004, the Department of Immigration detained, interrogated, and deported a South Korean national on the basis of enhanced border controls adopted in part to combat human trafficking. The HTU conducted surveys of individuals and establishments suspected of involvement in trafficking, including brothels, massage parlors, and foreign employment agencies. The government sent seven officials to a regional training session on human trafficking and held a one-day workshop on trafficking surveillance at the borders.

Protection

The government’s assistance to trafficking victims increased during the reporting period. In 2004, the government implemented a registration program requiring owners of tourist guesthouses to identify and account for all workers. Subsequent investigations resulted in the closure of eight guesthouses and assistance to seven foreign children. A local NGO, with some assistance from the government, repatriated ten Kenyan trafficking victims from Germany. The Ministry of Labor’s office in Saudi Arabia continued to pursue cases of Kenyan nationals exploited by their employers. With significant NGO assistance, Kenyan diplomats also sought to assist a Kenyan trafficking victim in Bahrain. The government provided street children involved in commercial sexual exploitation with shelter and medical care. Additionally, under an ILO program to prevent worst forms of child labor, the government continued implementing reforms in this sector, including the rescue of at-risk children from the streets and subsequent provision of vocational and educational training.

Prevention

During the year, the government initiated broad measures focused on the prevention of trafficking. The KPS, in conjunction with the Ministry of Information, conducted background and on-the-record interviews with Kenyan daily newspapers to increase awareness of regional human trafficking trends and seek public assistance with ongoing investigations. The government widely distributed a human trafficking brochure that increased awareness of the issue among ministry officials. A Ministry of Tourism official presented a report on the sexual exploitation of children in the tourism industry and officials met with coastal tourism boards in order to explore the implementation of a future code of conduct guarding against sex tourism. The Ministry of Labor continued its inspection of employment agencies that facilitate overseas employment for Kenyans and provided mandatory pre-departure counseling to citizens departing for work abroad. Government officials spoke on human trafficking at civil society-hosted seminars. In December 2004, the government held its first inter-ministerial meeting on trafficking in persons.

REPUBLIC OF KOREA (TIER 1)

South Korea is a source, transit, and destination country for women who are trafficked for the purpose of sexual exploitation. Women from Russia, the People’s Republic of China (P.R.C.), the Philippines, Thailand, and other Southeast Asian countries are trafficked for commercial sexual exploitation to South Korea. Korean women are trafficked to Japan and to the United States, sometimes via Canada, for exploitation in prostitution. In recent years, the Government of the Republic of Korea has taken significant steps to address the problem, including through tightening of enforcement and an ambitious legislative campaign aimed at curbing trafficking and exploitation of women.

The Government of the Republic of Korea fully complies with minimum standards for the elimination of trafficking, and has recently taken measures to demonstrate its commitment to resolving the problem. The government has shown a steady commitment to support victims, prosecute traffickers, and strengthen national laws. In 2004, the South Korean Government showed leadership by passing and implementing sweeping anti-trafficking and anti-prostitution laws, which provided stiff sanctions for trafficking and prostitution and established an infrastructure of social, legal, and medical support for victims. The government has also coordinated closely with United States Forces Korea (USFK) in developing and implementing policy that addresses the problem of sexual exploitation of women in the Republic of Korea in areas surrounding USFK bases. Due to their leadership in tackling demand, the government recognizes that it must also make efforts to provide more education and vocational training for thousands of women who have been trafficked for commercial sexual exploitation.

Prosecution

The Government of the Republic of Korea (R.O.K.) made greater efforts to prosecute trafficking-related cases over the last year. R.O.K. authorities used several statutes including the Criminal Code, the Law on Juvenile Protection, and the Act on Additional Punishment for Specific Crimes to prosecute traffickers. During the reporting period, the Ministry of Justice conducted 536 trafficking-related investigations, resulting in 71 prosecutions and 144 people currently serving sentences. The government implemented a new anti-trafficking law, the Act on the Punishment of Intermediating in the Sex Trade and Associated Acts, which provided for punishment of trafficking for commercial sexual exploitation and authorized the seizure of assets acquired through trafficking. The new law punishes those who use threats, violence, or debt bondage to force people into prostitution and declares that victims’ debts to their employers are invalid. Punishments under the new law include up to ten years’ imprisonment and fines of up to $86,000. In 2004, the Korean military and the Korean National Police Agency (KNPA) continued their cooperation with the USFK in identifying brothels suspected of exploiting trafficking victims and barring U.S. soldiers access to them.

Protection

During the reporting period, South Korea continued to provide strong protective measures for trafficking victims. The government demonstrated the political will to combat trafficking and applied more resources to protect trafficking victims. The 2004 Act on the Prevention of the Sex Trade and Protection of its Victims authorized the establishment of assistance facilities and counseling centers to help victims reintegrate into society. Over the past two years, the South Korean Government has established 38 shelters for Korean victims of trafficking and two shelters for foreign victims. During 2004, a total of 505 women were sheltered in these facilities, which provide psychological counseling, board and lodging, vocational training, and legal aid. The government also provided significant funding for NGOs providing assistance to trafficking victims. In 2004, the Ministry of Gender Equality (MOGE) provided $4.67 million to these NGOs. For foreign trafficking victims, the Ministry of Justice granted G-1 visas or suspensions of departure, which prevented victims from being deported from South Korea and encouraged them to cooperate with efforts to prosecute their traffickers. The government also took measures to protect trafficking victims who cooperated in prosecutions by prohibiting the disclosure of the victim’s identity and allowing a closed-door hearing.

Prevention

The R.O.K. continued to expand its prevention efforts in 2004. The MOGE and the KNPA carried out regular briefings, policy seminars, and media interviews on trafficking. The MOGE worked with NGOs on a public education campaign to raise awareness among victims of their rights under the new anti-traf-ficking and anti-prostitution laws and established a hotline for trafficking victims that included English, Russian, and Chinese interpretation services. The KNPA distributed educational materials to foreign women working in entertainment venues informing them of their rights and how to report any abuses.

KUWAIT (TIER 3)

Kuwait is a destination country for men, women, and children trafficked primarily from Bangladesh, India, Indonesia, Pakistan, the Philippines, and Sri Lanka for the purpose of labor exploitation. Some foreign women who migrate legally to Kuwait as domestic workers are subsequently abused by their employers or coerced into situations of debt bondage or involuntary servitude. Some domestic workers are trafficked within the country for sexual and labor exploitation. Some underage boys from South Asia, the Sudan, Yemen, and Eritrea are trafficked from neighboring Gulf States to work as camel jockeys. Victims suffer debt bondage, involuntary sexual servitude, coerced labor, verbal and physical abuse, and the withholding of their passports or other required travel documents.

The Government of Kuwait does not comply with the minimum standards for the elimination of trafficking and is not making significant efforts to do so. Over the last year, the government failed to take significant steps to address trafficking, particularly efforts to prosecute trafficking crimes and protect victims. It did, however, in 2004 establish a law banning the employment of children as camel jockeys, and welcomed opportunities to cooperate with the U.S. on anti-trafficking activities. The Government of Kuwait issued public declarations against trafficking, but there is no evidence of judicial action against traffickers, despite ongoing reporting of physical and sexual abuse of domestic workers, physical abuse of laborers, and physical abuse and exploitation of trafficked child camel jockeys. Kuwait should take immediate and significant steps to stop these abuses by investigating, arresting, and prosecuting those that are criminally implicated. The government should take immediate and verifiable actions to rescue, repatriate, and reintegrate children trafficked as camel jockeys. Camel racing is not a major sport in Kuwait; therefore, the number of camel jockeys in the country is not large. Kuwait should also take steps to protect the rights of its huge domestic workforce by extending them protection under Kuwait’s labor laws or through other appropriate mechanisms. Additionally, the government needs to develop and implement tools such as an anti-trafficking national plan of action, comprehensive anti-trafficking legislation, and prevention and protection measures that include broad anti-trafficking public campaigns.

Prosecution

During the reporting period, Kuwait took limited actions to investigate and prosecute traffickers. Kuwait does not have a law specifically prohibiting trafficking in persons; however, it has used existing statutes to prosecute some trafficking and related crimes. Penalties range from three to ten years imprisonment for kidnapping or inducing prostitution to capital punishment for rape. In 2004, the Ministry of Social Affairs and Labor, referred more than 2,000 labor disputes — 20 percent of the total complaints received — to the Prosecutor General for review, but the final disposition of these cases is unknown. Despite a law banning the employment and exploitation of foreign children as camel jockeys, the practice unofficially continues and there is no evidence of prosecution of these offenses. In 2004, Kuwait enacted statutes that require tracking payment of wages by employers. It also prohibited the practice of deducting three month's salary from newly arrived employees to cover recruitment expenses. However, the governmental body charged with enforcing this provision is not adequately staffed.

Protection

Kuwait made minimal efforts to protect trafficking victims over the last year. Domestic workers are not covered by Kuwait’s Labor Law and, as a result, lack adequate legal protections. The government continues to detain, jail, and deport trafficking victims caught violating other laws material to their trafficking (e.g. violating immigration laws). The police continued returning some victims to their abusive employers. Occasionally, the government provided limited financial aid to victims, including airfare or chartering aircraft for repatriation, but it did not provide shelter or temporary residence permits to allow victims to pursue criminal or civil complaints against abusive employers. There is no evidence that during the reporting period the government rescued and repatriated any child camel jockey trafficking victim.

Prevention

In 2004, Kuwait initiated efforts to prevent trafficking. In March 2004, the Government of Kuwait established an inter-ministerial taskforce to address problems related to expatriate manpower agencies and domestic laborers. The Ministry of Interior oversees the Immigration Intelligence Department and the Domestic Labor Administration, which license, monitor and inspect recruitment agencies that bring in foreign workers. The Kuwait Union of Domestic Labor Offices (KUDLO), an association of labor recruitment agencies, worked with the government to ensure the passage of statutes designed to prevent exploitation of incoming domestic workers. Additionally, in an effort to minimize labor disputes, the Union produced and distributed brochures highlighting the rights and obligations of domestic workers and employers, provided basic training and orientation to prospective employees in household work, and facilitated change of employers for some domestic workers.

KYRGYZ REPUBLIC (TIER 2)

The Kyrgyz Republic is a source and transit country and, to a lesser degree, a destination country for persons trafficked for the purpose of labor exploitation – to Kazakhstan and Uzbekistan for agricultural labor; to Russia for labor in agriculture, industry, commerce, and construction; and to China for bonded labor. Kyrgyz women and girls are trafficked for the purpose of sexual exploitation to the United Arab Emirates (U.A.E.), China, South Korea, Turkey, Greece, Cyprus, Thailand, and Syria. Researchers in 2004 concluded that 80 percent of Kyrgyz women trafficked abroad for sexual exploitation ended up in the U.A.E. Smaller numbers of trafficking victims transited the Kyrgyz Republic from Uzbekistan and South Asia to Russia, Turkey, and Europe. In 2004, the Kyrgyz Republic was a destination country for Uzbek women trafficked for sexual exploitation. Internal trafficking occurred from poor, rural areas to larger cities. An estimated 295,000 Kyrgyz migrant laborers work illegally in Russia, making them vulnerable to being trafficked.

The Government of the Kyrgyz Republic does not fully comply with the minimum standards for the elimination of trafficking; however, it is making significant efforts to do so. The government adopted a new comprehensive anti-trafficking law in January 2005 and focused its prevention efforts on protecting migrant laborers abroad. While the government’s victim protection efforts remained lacking, it donated space for a trafficking shelter. The government should amend the Kyrgyz Criminal Code to bring its new anti-trafficking law into force and update its 2002 to 2005 Action Plan to Combat Trafficking in Persons.

Prosecution

The Kyrgyz Government improved its law enforcement efforts with the May 2004 creation of a dedicated anti-trafficking enforcement unit, formed from a unit previously established in June 2003. Authorities produced 31 indictments and 17 convictions for trafficking-related offenses, including recruitment for sexual or labor exploitation and marriage to underage persons. Three of these convictions fell under the Kyrgyz Republic’s 2003 amended criminal code criminalizing trafficking in persons; information on sentences in these cases was not available at the time of this report. The Kyrgyz anti-trafficking law prohibits all types of trafficking with sufficiently severe penalties. Over the last year, authorities shut down seven recruitment agencies and investigated eight more for illegally recruiting people to work abroad. Allegations continued of corruption and perceived tolerance of trafficking by some low-level officials, though the government reported no officials prosecuted for complicity in trafficking crimes. Kyrgyz law enforcement officials established contacts in 2004 with counterparts in South Korea and the U.A.E., and pursued joint trafficking investigations with Azerbaijan and Ukraine.

Protection

The Kyrgyz Government’s efforts to assist and protect trafficking victims remained inadequate during the reporting period, though NGOs reported an increase in victim referrals by law enforcement officials. In October 2004, the government donated space for a trafficking shelter in Bishkek. In January 2005, the parliament adopted a new comprehensive anti-trafficking law giving immunity from prosecution to trafficking victims who cooperate with investigators. However, this provision and other new legal guarantees for victims require corresponding changes to the criminal code, which are pending in parliament, before they can take effect. Existing legislation provides for witness protection, but the government did not often use these measures due to resource constraints. During the reporting period, Kyrgyz diplomatic missions abroad assisted in the return of 71 Kyrgyz trafficking victims – 67 from the U.A.E. and four from Turkey.

Prevention

In August 2004, the government joined IOM and an NGO to distribute anti-trafficking information to labor migrants. During the reporting period, the government opened new consulates in Russia and China to better protect Kyrgyz citizens’ rights in each country. Kyrgyz officials met regularly with Kazakh local authorities and monitored Kyrgyz labor migrants’ working and living conditions in Kazakhstan. The number of Kyrgyz citizens trafficked to Russia, Kazakhstan, and South Korea continued to decrease during the reporting period because of bilateral labor migration agreements signed with those countries in 2003 and 2004. The National Council to Combat Trafficking met regularly, and in April 2004 the government provided office space for and started paying the salaries of the Council’s two-staff-member Secretariat.

LAOS (TIER 2)

Laos is a source and, to a lesser extent, transit, and destination country for men and women trafficked for the purposes of forced labor and sexual exploitation. Many Lao victims are economic migrants who become victims of involuntary servitude or commercial sexual exploitation in Thailand. A small number of victims from the People’s Republic of China (P.R.C.) and Vietnam are trafficked to Laos to work as street vendors and for sexual exploitation in prostitution.

The Government of Laos does not fully comply with the minimum standards for the elimination of trafficking; however, it is making significant efforts to do so. The Lao Government has recognized that trafficking is a problem, and has strongly supported NGO and international organization efforts to assist victims and promote awareness of trafficking. In September 2004, the government passed a Law on Women that covers trafficking in persons. The new law criminalizes trafficking; provides for the protection of victims, both internally and through international cooperation; and prohibits the punishing of trafficking victims upon their return to Laos. Until the new law is implemented effectively at the local level, however, the government should establish an official mechanism to identify trafficking victims among returnees to the country and take necessary measures to ensure that they are not subjected to fines or other punishment by local authorities.

Prosecution

The Government of Laos reportedly increased its prosecution efforts during the reporting period. Lao law enforcement is decentralized, and the central government does not keep data on efforts of local officials to prosecute traffickers. However, the anti-trafficking office, operated jointly by the Ministry of Labor and Social Welfare (MLSW) and the Ministry of Public Security reported five convictions for trafficking-related crimes in 2004. The new Law on Women stipulates specific penalties for trafficking, including the death penalty for the most egregious forms of trafficking, and those that lead to the loss of life or permanent disability. It also contains provisions defining trafficking and recognizing and guaranteeing the rights of trafficking victims. Overall, judicial and law enforcement institutions are extremely weak. Corruption is widespread; some local government officials reportedly profited from trafficking, though there were no reported prosecutions of officials for complicity in trafficking. The Lao Government does not effectively control its long and porous borders.

Protection

While the Lao Government provided minimal assistance to victims, it continued to refer victims to NGOs and international organizations that run protection programs for victims of trafficking. The government continued to expand its engagement with NGOs and requested their assistance in providing vocational training and establishing another shelter for returnees. While the Lao Government recognized the status of trafficking victims and made efforts to educate provincial and district-level officials on the need to protect them, it made minimal efforts to distinguish trafficking victims from returning migrants who had left the country illegally.

Prevention

The government, in cooperation with NGOs, continued to raise awareness in the media of the dangers of trafficking. The MLSW, with NGO funding, has sponsored media messages on the dangers of trafficking and conducted data collection and public education campaigns. In conjunction with UNESCO, the MLSW conducted a radio project designed to raise awareness of trafficking and HIV/AIDS among ethnic minorities. The Ministry of Education also integrated some anti-trafficking information into school curricula.

LATVIA (TIER 2)

Latvia is a source and transit country for primarily women and minors trafficked to Germany, Spain, the United Kingdom, Italy, Cyprus, Switzerland, and the Nordic countries for the purpose of sexual exploitation. Victims are also trafficked internally, from rural areas to urban centers, for the purpose of sexual exploitation.

The Government of Latvia does not fully comply with the minimum standards for the elimination of trafficking; however, it is making significant efforts to do so. The government appears politically committed to its March 2004 National Action Plan to Combat Trafficking in Persons, but is struggling to adequately fund and implement it. While the Latvian Government significantly enlarged its anti-trafficking police squad, its victim support services remained lacking and the Latvian court system imposed weak sentences on traffickers.

Prosecution

Latvia specifically criminalizes trafficking in persons for sexual and non-sexual exploitation purposes. In December 2004, Latvia amended its criminal law to cover internal trafficking as well as trafficking across international borders. Although Latvian legislation allows for sufficiently severe penalties under the section of the law against trafficking in persons, the courts in all cases in 2004 only applied those sections of the law that criminalize pimping and alien smuggling for sexual exploitation. While the law was amended in 2004 to provide greater penalties for alien smuggling for sexual exploitation, making it a felony, penalties under this section remain significantly less than those under the trafficking statute. The number of trafficking-related investigations increased, from 12 in 2003 up to 30 in 2004 (with four of those cases initiated under the trafficking section of the criminal law), but Latvian court delays made for fewer convictions in 2004. Of the 21 trafficking-related convictions, down from 40 in 2003, only one trafficker was sentenced to two years’ imprisonment, while the rest received conditional sentences. In nine of those cases, the courts confiscated traffickers’ property. The staff of the anti-trafficking police squad was increased in 2004 from eight full-time officers to 13. In 2004, the Latvian anti-trafficking unit continued close cooperation with German, Danish, Estonian, and Finnish law enforcement agencies. Latvia has established an anti-corruption bureau and continues to fight official corruption.

Protection

Latvia’s efforts to assist and protect trafficking victims remained deficient. The government continued to provide no direct funding for foreign or domestic NGOs for services to victims. Some local municipalities provide ad hoc funds to victim assistance projects. The Riga city municipality granted limited funding to the Skalbes Crisis Center and to the Dardedze Center for abused children, NGOs that identified and assisted trafficking victims in 2004. Trafficking victims continue to be housed in a facility shared by a small number of asylum seekers, although the two groups are separated from one another within the facility. Law enforcement officials do not criminally punish victims, but rather refer them to NGOs for assistance. The process for applying for witness protection is complicated, perhaps explaining police reports that no trafficking victims requested protection in 2004. Latvian embassies abroad identified and assisted three victims during the reporting period, and helped repatriate the remains of two probable Latvian trafficking victims. In 2004, the Ministry of Education trained municipal social workers on trafficking issues, the Ministry of Foreign Affairs in April sponsored an annual training for consular officers on trafficking-related issues, and the state police organized three training sessions in all regions of Latvia on how to identify and develop trafficking cases.

Prevention

The Government of Latvia does not conduct independent anti-trafficking campaigns, but supports the efforts of NGOs. The Ministries of Education and Welfare continued to use the Swedish anti-trafficking film, "Lilya 4-Ever," to raise awareness among students through videos and associated materials in secondary schools. Also, the Ministry of Education, in cooperation with a local NGO, has developed a guide on crime prevention, including trafficking in persons, for distribution in high schools. The Ministry of Interior leads an inter-ministerial working group that meets on a regular basis to implement Latvia’s National Anti-Trafficking Action Plan adopted in March 2004. The Ministry of Interior in early 2005 released Latvia’s first annual trafficking in persons report, which noted significant progress in modifying Latvian legislation to conform to international standards and problems with adequately funding the government’s anti-trafficking efforts.

LEBANON (TIER 2)

Lebanon is a destination country for African and Asian women trafficked into involuntary servitude as domestic servants. Many of these women are contracted as household workers; some Eastern European women are contracted as dancers in adult clubs. All of these are required by law to have bona fide work contracts and sponsors. Individuals from these groups become victims of trafficking when their rights under the contracts are denied or violated or when they find themselves victims of abuse. Some of the abuses that these workers might experience are late or nonpayment of wages, physical and sexual abuse, lack of freedom of movement, and confiscation of their passports. Workers who run away from an abusive work environment automatically become illegal and subject to detention and deportation, because their visa is valid only as long as they are working for their sponsors. When the sponsor is the abuser and the victim has nowhere to go, the latter often ends up in a government detention facility.

The Government of Lebanon does not fully comply with the minimum standards for the elimination of trafficking; however, it is making significant efforts to do so. During 2004, Lebanon signed a Memorandum of Understanding (MOU) with two international NGOs to operate a safe house for migrant workers who are victims of abuse — including involuntary servitude — and began referring trafficking victims to the safe house. It granted IOM permission to open an office in early 2005, and it allows government-salaried social workers to accompany victims during interviews by immigration authorities. Lebanon also granted out-of-visa-status workers who were victims of abuse permission to stay up to two months to assist in the investigation of their cases and the prosecution of their abusers and implemented screening and referral procedures for trafficking cases. Lebanon needs to develop and implement a national plan of action against trafficking, appoint a national coordinator to oversee its anti-trafficking activities, prosecute and punish abusive employers using existing criminal statutes, and cease detaining and penalizing trafficking victims for running away from conditions of involuntary servitude.

Prosecution

During the reporting period, the Government of Lebanon took minimal steps to prosecute trafficking and related cases. Lebanon does not have specific legislation criminalizing trafficking, though it has other laws that can be used effectively to address trafficking crimes. The Ministry of Justice and the Office of the State Prosecutor lag behind in acknowledging and actively combating trafficking. In December 2004, the Surete Generale granted amnesty and waived penalties for up to 1,700 South Asians who did not hold valid visas, thereby facilitating their return home. The Ministry of Labor closed 11 employment agencies for fraudulent practices or mistreatment of workers and took administrative actions against another 18. In addition, it adjudicated 35 contract disputes, 23 in favor of the workers. However, there is evidence that a far greater number of cases go unresolved, and workers are sometimes repatriated without receiving outstanding wages. Similarly, the government has not investigated reports of suspicious deaths of Philippine and Ethiopian domestic workers. The government has not prosecuted or punished any abusive employers, despite evidence of physical and sexual abuse of domestic workers. Lebanon should revamp its prosecution efforts to more effectively combat trafficking.

Protection

The Government of Lebanon markedly improved its efforts to protect victims of trafficking over the reporting period. As noted above, it signed a Memorandum of Understanding with international NGOs "CARITAS" and "International Catholic Migration Commission" for the opening of a safe house for trafficking victims. The government also began allowing government-salaried social workers to assist foreign workers during interrogations by immigration officials, and it granted source country embassies improved access to victim detention facilities. In 2004, the government repatriated 147 foreign workers in cooperation with NGOs and source countries.

Prevention

In 2004, the Government of Lebanon notably increased its anti-trafficking prevention activities. It produced and distributed booklets and brochures spelling out regulations governing migrant workers, including descriptions of their rights and responsibilities; produced and distributed pamphlets on trafficking to inform victims about various sources of assistance; and markedly improved its cooperation with NGOs and source country embassies in protection and repatriation efforts. Source country representatives, NGOs, academics, and volunteers formed a working group to work with the government to standardize employment contracts and to provide an arrival seminar and a pre-departure debriefing to migrant workers.

LIBYA (TIER 2)

Libya is a transit and destination country for men, women, and children trafficked for the purposes of sexual and labor exploitation from Africa and Asia. Traffickers often falsely promise victims jobs in Libya to earn the $800 to $1,000 needed to pay for their onward journey to Europe. Once in Libya, some may be forced to work as prostitutes, laborers, and beggars to pay their trafficking "debt." There are an estimated 1.5 million illegal immigrants in Libya, some of whom are believed to be trafficking victims.

The Government of Libya does not fully comply with the minimum standards for the elimination of trafficking; however, it is making significant efforts to do so. The government recently acknowledged that it faces a trafficking problem, which it has taken initial steps to combat. In a speech to the nation on March 2, 2005, Libyan leader Mu’ammar Qadhafi warned that Libya is threatened by international challenges that include "trafficking in humans – particularly women and children."

Libya needs to build on this initiative and develop appropriate policy to more effectively tackle the trafficking problem. This effort should include the appointment of a national anti-trafficking coordinator and the drafting and implementation of a comprehensive anti-trafficking law that punishes traffickers, provides for the protection of victims, and facilitates prevention programs.

Prosecution

During the reporting period, the government did not provide precise data on its anti-trafficking law enforcement efforts and little evidence exists that Libya has undertaken any efforts to prosecute traffickers. African, Libyan, and European smugglers reportedly operate much like an organized crime syndicate, using deception to entice would-be victims. The government should improve its efforts to monitor and devise strategies to dismantle these rings and use existing criminal legislation to prosecute these criminals.

Protection

The government’s efforts to protect victims remain inadequate. It should put in place a procedure to identify trafficking victims among the estimated 1.5 million illegal immigrants in the country and provide them with appropriate protection measures, including shelter, medical and psychological services, and repatriation and reintegration assistance.

Prevention

Libya’s efforts to prevent trafficking improved over the last year. Until 2004, the Libyan Government denied the problem and did very little to prevent it. Now, however, the government has started engaging other countries, particularly in Europe, to combat human trafficking. Libya needs to replicate these efforts by cooperating with source countries, particularly in the African continent. In June 2004, the Libyan Government organized a regional conference where affected countries discussed, among other concerns, trafficking issues. In October, it invited the IOM to discuss migration issues.

LITHUANIA (TIER 1)

Lithuania is a source, transit, and destination country for women and children primarily trafficked to large cities in Europe for the purpose of sexual exploitation. Victims are trafficked to and through Lithuania from countries such as Ukraine, Russia (Kaliningrad), and Belarus. Traffickers continued to target Lithuanian boarding schools, which also serve as orphanages, to recruit victims.

The Government of Lithuania fully complies with the minimum standards for the elimination of trafficking. During the reporting period, the government increased trafficking-related convictions, augmented funds for anti-trafficking programs, and assisted more victims. Still, overall trafficking convictions and sentences remained low, and some NGOs called for greater government funding of victim protection programs. To further strengthen anti-trafficking efforts, the government should consider establishing a specialized anti-trafficking law enforcement unit, formalize screening and referral mechanisms, and increase sensitivity training for police. The Lithuanian Government should consider expanding its prevention program to include domestic demand-reduction programs.

Prosecution

In 2004, the Government of Lithuania in 2004 opened 22 new investigations, involving 25 traffickers, up from 15 investigations in 2003. During that period, the courts prosecuted 16 trafficking cases and convicted 14 individuals with sentences ranging from fines to three years’ imprisonment. Lithuania’s Criminal Code penalized trafficking with prison sentences of up to ten years in cases of trafficking in children. In March 2005, a Vilnius court finalized the extradition of a Costa Rican wanted by Costa Rican authorities for trafficking children in that country. In 2004, Lithuanian law enforcement officials participated in trafficking-related training in Norway, Belarus, the Netherlands, Ukraine, and Sweden. Lithuania’s law enforcement training center provided four hours of anti-trafficking training biannually to all new officers. While there was no official evidence of government involvement in or tolerance of trafficking in persons, some individual police officers may condone it. Lithuanian law enforcement officials continued to cooperate with other governments on trafficking investigations and participated in 23 joint trafficking investigations in 2004.

Protection

The Lithuanian Government provided grants to 13 of the approximately 20 NGOs that offer trafficking victims assistance or temporary shelter — up from 11 in 2003. Experts estimated over 300 trafficking victims received support in 2004. No formal screening and referral procedures existed, but police cooperation with assistance providers was adequate. The police signed an agreement of cooperation in December 2004 with one NGO that provided shelter and social assistance to 17 trafficking victims. The government provided 30 trafficking victims with counseling and occupational training under its rehabilitation and orientation program established in July 2003. In 2004, trafficking victims and witnesses composed 13 to 14 percent of all protected people in the police department’s protection program. Police did not charge trafficking victims as criminal violators in 2004, and the government submitted to the parliament in February 2005 new draft legislation to guarantee formal protections for victims. The government continued to provide guidance to its overseas posts on the handling of trafficking cases; the Lithuanian Ministry of Foreign Affairs assisted in the repatriation of 42 trafficking victims during the reporting period, up from 20 in 2003.

Prevention

The government and local NGOs organized a series of educational events for more than 200 boarding school students who are particularly at risk for trafficking. An NGO that received approximately half of its annual budget from government funding distributed over 82,000 anti-trafficking brochures and posters throughout Lithuania, and implemented over ten trafficking prevention programs in 2004. Schools continued to use the anti-trafficking curricula on a voluntary basis. Lithuania’s first National Strategy to combat trafficking ended in 2004; an interagency group drafted a National Strategy for 2005 to 2008 that is expected to receive official approval in spring 2005.

LUXEMBOURG (TIER 1)

Luxembourg is primarily a country of destination for women trafficked from Eastern Europe for the purpose of sexual exploitation.

The Government of Luxembourg fully complies with the minimum standards for the elimination of trafficking. Luxembourg appears for the first time in this Report due to newly available information that indicates a significant trafficking problem in the country. The Government of Luxembourg acted assertively to prosecute trafficking in 2004. The government should develop a formalized screening mechanism and expand law enforcement training to increase victim identification.

Prosecution

The Government of Luxembourg demonstrated adequate and proactive anti-trafficking enforcement in 2004. In April, two women reported they were forced or coerced into prostitution while under legal "artiste" visas. The government reacted swiftly by arresting five suspects, including two cabaret owners. At the end of the reporting period, the government was actively prosecuting these cases. Commendably, upon the request of Luxembourg’s Commissioner for Human Rights, the government ended the artiste visa program one month after the arrests. Additionally, the police reported in May 2004 that two cabarets had been shut down. By the end of the reporting period, the government had closed down a total of five cabarets. Since that time, nine other cabarets have closed. The Government of Luxembourg prohibits trafficking in persons. According to the penal code, trafficking for sexual exploitation carries penalties of from six months to three years and monetary fines. If there are aggravating circumstances, prison sentences can range from one to ten years. There was no evidence of trafficking-related corruption among Luxembourg public officials.

Protection

Because the trafficking problem is new to Luxembourg, the government did not have a formal screening or referral process in place for victims of trafficking who came forward during the reporting period. In the case of the artiste visa victims, however, the Ministry for Equal Opportunity provided funding for their housing and coordinated with the police to ensure their protection. Subsequent arrangements were made to place them in a witness protection program. Notably, since the incident, the Luxembourg vice squad was granted a substantial budget to care for trafficking victims, should the need arise.

Prevention

In 2004, the government closely monitored and took active preventative measures to decrease trafficking and the opportunities for exploitation. As a result of the government’s termination of the artiste visa program, approximately 500 to 700 women were required to return to their home countries in an effort to prevent their exploitation. In December 2004, the Minister of Foreign Affairs refused to issue new visas in response to recruitment agencies’ attempts to replace the discontinued artiste visas, which had been used in the two trafficking cases being prosecuted by the government. In 2004, the Ministry of Family, Social Solidarity and Youth sponsored a campaign against sex tourism in cooperation with ECPAT-Luxembourg. Plans were underway to launch a demand-oriented anti-trafficking campaign next year.

MACEDONIA (TIER 2)

Macedonia is a country of transit and, to a lesser extent, destination for women and children trafficked for the purpose of sexual exploitation from the former Soviet Union and Eastern and Southeastern Europe. A number of victims trans