HONDURAS (Tier 2 Watch List)
Honduras is a source and transit country for women and children trafficked for the purpose of commercial 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. Child sex tourism is growing in the country. Honduran women and children also are trafficked to Guatemala, Mexico, and the United States. Most foreign victims trafficked into Honduras for commercial sexual exploitation come from neighboring countries; some victims are economic migrants en route to the United States who are victimized by traffickers.
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. Honduras is placed on Tier 2 Watch List for its failure to show evidence of increasing efforts to combat human trafficking, particularly in terms of providing increased assistance to victims. In addition, the absolute number of trafficking victims in the country is very significant. According to the government and NGOs, an estimated 10,000 victims have been trafficked in Honduras, mostly internally. Many victims are children subject to commercial sexual exploitation. Tourism in the country also is likely to grow, with an increased number of cruise ships arriving at the country's Bay Islands; reliable sources project a concomitant growth in the local sex trade, particularly child sex tourism. In light of this situation, and because Honduras' new anti-trafficking law is not yet fully enforced, the country's lack of a stronger law enforcement response to trafficking crimes is of concern. In the coming year, the government should intensify efforts to initiate prosecutions under its new anti-trafficking law to achieve more convictions and increased sentences against suspected traffickers. It should also make greater efforts to increase shelter and victim services.
Prosecution
The Honduran government sustained efforts to investigate human trafficking during the reporting year. Honduras prohibits trafficking for the purpose of commercial sexual exploitation through Article 149 of its penal code and a separate anti-trafficking statute enacted in February 2006, but does not prohibit all forms of trafficking for the purpose of labor exploitation. Honduras' anti-trafficking statutes prescribe penalties of up to 13 years' imprisonment, punishments that are commensurate with those for rape and other serious crimes and are sufficiently stringent. However, the government has not prosecuted any cases under its new anti-trafficking law to date. Last year, the government initiated 24 trafficking-related investigations and 17 prosecutions under old statutes, obtaining eight convictions; this compares with 37 investigations, 17 prosecutions, and 10 convictions in 2005. Of the eight traffickers convicted in 2006, four were sentenced to prison terms, which range from more than 7 to 27 years' imprisonment. The government conducted 27 anti-trafficking training sessions for its civilian police force last year. The government should take steps to prevent accused offenders from fleeing the country while awaiting trial. Under current law, defendants over age 60 are subject to house arrest while awaiting trial; many of these accused offenders, including American citizens, flee or bribe their way out of the country and avoid prosecution. The government also must strengthen efforts to root out any official complicity with human trafficking, which has been reported among lower-level immigration officials and in other sectors.
Protection
The Honduran government made limited progress in its efforts to assist trafficking victims during the reporting year. It operated no shelters, but referred trafficking victims to NGOs for services. Honduran consular officials in neighboring countries are trained to identify trafficking victims, and assisted Honduran victims by referring them to NGOs for assistance and coordinating their repatriation. Honduran authorities encourage victims to assist in the investigation and prosecution of their traffickers. Victims' rights are generally respected, and there were no reports of victims being penalized for crimes committed as a result of being trafficked. Honduras does not provide legal alternatives to the removal of foreign victims to countries where they may face hardship or retribution.
Prevention
The government made modest progress in prevention activities during the period. The police conducted 10 anti-trafficking training sessions that reached thousands of Hondurans in 2006. The government relied on NGOs and international organizations for the bulk of its awareness-raising campaigns. Honduras has not ratified the 2000 UN TIP Protocol.
HONG KONG (Tier 1)
The Hong Kong Special Administrative Region (HKSAR) of the People's Republic of China is a transit and destination territory for men and women trafficked for the purposes of commercial sexual exploitation and forced labor. Hong Kong is primarily a transit point for illegal migrants, some of whom are subject to conditions of debt bondage, sexual exploitation, and forced labor. To a lesser extent, Hong Kong is a destination for women from the Chinese mainland, Philippines, Indonesia, and Colombia who travel to Hong Kong voluntarily for prostitution or jobs in restaurants or hotels but are deceived or coerced into sexual servitude. Some of the foreign women involved in Hong Kong's commercial sex trade are believed to be trafficking victims. Estimates of international trafficking victims are modest; there have been many reports of debt bondage and confiscation of documents among women in prostitution - consistent with international definitions of trafficking. A small minority of women from the Philippines and Indonesia who go to Hong Kong to work as domestic servants are subjected to exploitation and conditions of involuntary servitude.
The Government of Hong Kong fully complies with the minimum standards for the elimination of trafficking. The government continued to implement strong anti-trafficking measures including training law enforcement officials, collecting information on suspected cases of trafficking, and conducting undercover operations in establishments with suspected trafficking victims. The government should consider closer collaboration with source countries of women trafficked for prostitution as well as conducting a public awareness campaign aimed at customers.
Prosecution
The Hong Kong government demonstrated continued law enforcement efforts to combat trafficking in 2006. Hong Kong prohibits all forms of trafficking. Sex trafficking is criminalized through the Immigration Ordinance, the Crimes Ordinance, and the Stowaways Ordinance of 1997. Labor trafficking is criminalized through the Employment Ordinance. Penalties for commercial sexual exploitation are commensurate with those for rape, and penalties for all forms of trafficking are sufficiently stringent. There were no prosecutions of trafficking offenses during the reporting period. Ten suspected traffickers were arrested in three different trafficking cases over the last year. Of those involving women forced into prostitution, one individual was formally charged under the Crimes Ordinance specifically for trafficking women to Hong Kong, five were charged with related offenses, and the rest were released as the criminal cases against the traffickers collapsed following the victims' repatriation. During the year, authorities identified an 11-year-old mainland girl who had been sold by her parents to a Hong Kong employer as an unpaid domestic servant. The girl was sent back to her parents, under monitoring of an international agency, and the employer was prosecuted. There was only one report of Filipinos being lured to transit the HKSAR for jobs on the mainland, only to find that recruiters were unable to find jobs for the majority of them. The Labor and Immigration departments were called on to investigate this report. There have been several cases of domestic workers successfully bringing charges against employers for maltreatment, including physical and sexual abuse that resulted in the employer receiving prison sentences. There is no evidence of law enforcement officials' complicity in trafficking in Hong Kong.
Protection
The Government of Hong Kong demonstrated continued efforts to provide protection and assistance to victims of trafficking. Given the low number of documented trafficking victims, Hong Kong's authorities generally refer them to existing social service programs at three government subsidized NGO shelters and one shelter run by the Social Welfare Department. The government encourages victims to assist in the investigation of traffickers and to provide evidence; however many victims were reluctant to do so. Child victims may provide evidence through live television link in court under provision of the Criminal Procedure Ordinance. The Hong Kong government provides legal alternatives to the removal of victims to countries where they may face hardship or retribution. Victims may also initiate civil proceedings for damages or compensation arising from injuries sustained as a result of being trafficked. Hong Kong does not penalize victims for unlawful acts committed as a direct result of their being trafficked. In past cases, women who agreed to act as a witness for the prosecution were as a rule granted immunity and allowed to return to their home country without being charged for any crimes committed as a result of being trafficked. The Hong Kong police have special units to provide for the protection of victims and witnesses of all crimes, including trafficking.
Prevention
Hong Kong increased efforts to raise awareness in 2006. The government launched a publicity campaign to alert visitors to Hong Kong about the dangers of human trafficking through the web pages of the Security Bureau, law enforcement agencies, the Social Welfare Department and Labor Department. To prevent trafficking among foreign workers, particularly domestics, the Labor Department published "guidebooks" in several languages that explain workers' rights, the role of employment agencies, and services provided by the government. These guidebooks are handed out when workers apply for identity documents and are distributed at the airport, district offices, consulates, offices of labor and migrant groups, post offices, and banks. In March 2007, the Social Welfare Department established a 24-hour crisis hotline that improves coordination among various government departments to deal with reports of sexual violence. In December 2006, the Hong Kong authorities participated in the Asian Organized Crime (AOC) Expert Group Meeting, organized by Interpol, which addressed the issue of trafficking from Southeast Asian countries to Western Europe.
HUNGARY (Tier 1)
Hungary is primarily a transit, and to a lesser extent a source and destination country for women from Slovakia, Romania, Ukraine, Moldova, Poland, the Balkans, and China trafficked for the purpose of commercial sexual exploitation to Austria, Slovenia, Germany, Spain, the Netherlands, Italy, France, and the United States. Hungarian women are trafficked primarily to Western and Northern Europe and to North America.
The Government of Hungary fully complies with the minimum standards for the elimination of trafficking. Hungary demonstrated a sustained commitment to fighting trafficking; it significantly improved its victim assistance and protection efforts. Police improved efforts to identify and care for victims. In July 2006, the Hungarian Border Guard was granted the authority to investigate trafficking cases; seven new trafficking investigations were launched as a result. Although the government did not establish a national action plan nor create a central office to coordinate anti-trafficking efforts, it did draft a national anti-trafficking strategy and is expected to present it to Parliament in 2007. The government should continue to provide training for police, prosecutors, and judicial officers and take steps to ensure more convicted traffickers serve time in prison. Police should continue to utilize established victim identification and referral procedures. The government should work to establish a systematic method to document victims. Hungary should consider measures to reduce the domestic demand for commercial sex acts.
Prosecution
The Hungarian government sustained strong law enforcement efforts over the year. Hungary prohibits all forms of trafficking through Paragraph 175/b of its criminal code, though prosecutors rely on trafficking-related statutes to prosecute most trafficking cases. Penalties prescribed under 175/b range from one to 15 years' imprisonment, which are sufficiently stringent and commensurate with those prescribed for other grave crimes. During the reporting period, police and border guards conducted a total of 22 trafficking investigations, down from 28 investigations in 2005. Authorities prosecuted 23 traffickers in 2006, compared with 27 in 2005. Convictions were obtained against 21 traffickers in 2006; conviction data was unavailable for 2005. Only nine convicted traffickers served sentences ranging from one to five years, while the remaining 12 served no time in prison; this is an inadequate deterrent to trafficking.
Protection
Hungary demonstrated improved victim assistance efforts during the reporting period. Authorities continued to implement the government's victim referral process, established in 2005; 23 victims were referred for assistance, compared with 12 in 2005. The government allocated more than $50,000 to NGOs for victim protection during the year. Police received sensitivity training throughout the year and in January 2006, the Hungarian National Police issued a directive to all precincts providing guidance on the identification and treatment of victims and potential victims to police officers at all levels; several NGOs reported a noticeable improvement in the police's treatment and referral of victims as a result. Historically, poor victim treatment or failure to identify potential victims of trafficking has been an issue among street and low-level police. Victims are not penalized for acts committed as a direct result of being trafficked. There were no reported cases of abuse of trafficking victims by authorities. Although authorities encouraged victims to assist in trafficking investigations and prosecutions, few victims choose to participate due to lack of information provided to victims, language barriers, and fear of retribution by traffickers. Victims are granted a reflection period and subsequently can apply for a six-month temporary residency permit if they choose to cooperate with law enforcement.
Prevention
The government implemented trafficking prevention efforts throughout the year in partnerships with NGOs and IOM. It continued to fund trafficking awareness programs for police, border guards, prosecutors, consular officers, and judicial officials. The government provided partial funding for anti-trafficking education programs in 100 schools, reaching more than 8,000 students.
INDIA (Tier 2 Watch List)
India is a source, destination, and transit country for men, women, and children trafficked for the purposes of forced labor and commercial sexual exploitation. India's trafficking in persons problem is estimated to be in the millions. The Ministry of Home Affairs (MHA) estimates that 90 percent of India's sex trafficking is internal. Women and girls are trafficked internally for the purposes of commercial sexual exploitation and forced marriage. Children are subject to involuntary servitude as factory workers, domestic servants, beggars, and agriculture workers. Men, women, and children are held in debt bondage and face involuntary servitude working in brick kilns, rice mills, agriculture, and embroidery factories. India is also a destination for women and girls from Nepal and Bangladesh trafficked for the purpose of commercial sexual exploitation. Bangladeshi women reportedly are trafficked through India for sexual exploitation in Pakistan. Although Indians migrate willingly to the Gulf for work as domestic servants and low-skilled laborers, some later find themselves in situations of involuntary servitude, including extended working hours, non-payment of wages, restrictions on movement by withholding of passports or confinement to the workplace, and physical or sexual abuse. Bangladeshi and Nepali men and women are trafficked through India for involuntary servitude in the Middle East.
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. India is placed on Tier 2 Watch List for a fourth consecutive year for its failure to show increasing efforts to tackle India's large and multidimensional problem. India's anti-trafficking laws, policies, and programs focused largely on trafficking for sexual exploitation and the Indian government did not recognize the country's huge population of bonded laborers, which NGOs estimate to range from 20 million to 65 million laborers, as a significant problem. Overall, the lack of any significant federal government action to address bonded labor, the reported complicity of law enforcement officials in trafficking and related criminal activity, and the critical need for an effective national-level law enforcement authority impede India's ability to effectively combat its trafficking in persons problem.
In September 2006, the central government responded to the need for a central anti-trafficking law enforcement effort by establishing a two-person federal "nodal cell," responsible for collecting and analyzing data of state-level law enforcement efforts, identifying problem areas and analyzing the circumstances creating these areas, monitoring action taken by state governments, and organizing meetings with state-level "nodal" anti-trafficking police officers. However, this nodal cell does not have the authority to investigate and initiate prosecutions of trafficking crimes across the country, as recommended by India's Human Rights Commission and Indian NGOs.
This year, three state governments established, with substantial U.S. Government and UNODC assistance, the first state-level anti-trafficking police units in the country, which has led to an increase in rescues of sex trafficking victims and arrests of traffickers. The central government passed a law in October 2006 banning the employment of children in domestic work and the hospitality industry. In a July 2006 decision, the Supreme Court ruled that the Maharashtra government could proceed with its plan to seal brothels under the Immoral Trafficking Prevention Act (ITPA).
Despite India's huge bonded labor problem, there were no substantial efforts this year to investigate, prosecute, or convict those who exploit bonded labor. Nor did the Indian government take significant measures to prosecute or punish government officials involved in trafficking-related corruption, though it arrested three government officers complicit in trafficking. The government should increase prosecutions and punishments for trafficking offenses, including bonded labor, forced child labor, deceptive recruitment of Indians trafficked abroad, and sex trafficking.
Prosecution
Efforts throughout India to investigate and punish trafficking crimes during the past year were uneven and largely inadequate. The government reported only 27 convictions for trafficking offenses throughout the entire country for 2006. While the government took measures to increase law enforcement against sex trafficking and forced child labor, efforts to combat bonded labor and trafficking-related corruption remained inadequate. The government prohibits some forms of trafficking for commercial sexual exploitation through the ITPA. Prescribed penalties under the ITPA - ranging from seven years' to life imprisonment - are sufficiently stringent and commensurate with those for other grave crimes. A parliamentary committee has completed its review of amendments to the ITPA that afford greater protections to sex trafficking victims and provide stricter penalties for their traffickers and for clients of prostitution. While the Indian government has not yet passed and enacted these amendments which were drafted in 2004, some jurisdictions reportedly have stopped using the ITPA to arrest women in prostitution. India also prohibits bonded and forced labor through the Bonded Labor Abolition Act, the Child Labor Act, and the Juvenile Justice Act. These laws are ineffectually enforced and their prescribed penalties - a maximum of three years' in prison - do not meet international standards.
This year, the government did not make significant progress in investigating, prosecuting, convicting, and sentencing those exploiting bonded labor. Despite the millions of bonded laborers in India, the government reported arresting only three offenders and confirmed rescuing only 26 adult victims this year. India similarly did not report any criminal investigations or prosecutions of labor recruiters using deceptive practices and debt bondage to compel Indians into involuntary servitude abroad; the unchecked behavior of these recruiters contributes to the forced labor of some Indians working abroad.
Efforts to combat forced child labor remained uneven throughout the country, varying greatly from state to state. In October 2006, the government enacted a ban on the employment of children in domestic work or in the hospitality industry, with penalties ranging from three months' to two years' imprisonment and fines - penalties that are not sufficiently stringent. As of December 2006, state governments had identified 1,672 violations of this ban, based on the 23,166 inspections they had conducted. However, the government has not yet reported criminal prosecutions or convictions produced from these administrative measures. The Ministry of Labour and Employment (MOLE) began public campaigns to raise awareness and prevent child labor, and conducted videoconferences with states to coordinate efforts. Some state and local governments also rescued children from forced labor situations. For example, in New Delhi, police rescued 234 children from embroidery factories and rice mills, although they did not report making any arrests. India did not provide any evidence of convictions for forced child labor, in spite of the hundreds of thousands of children between the ages of 5 and 14 that have been removed from workplaces.
The government conducted at least 43 rescue operations that released 275 victims of commercial sex trafficking from their exploiters; however, these operations were not accompanied with vigorous prosecution of traffickers. The Government of India provided significant in-kind contributions to a two-year U.S. government-funded UNODC project in Maharashtra, Goa, West Bengal, and Andhra Pradesh states, focused on raising the awareness of police and prosecutors on the problem of trafficking, and building the capacity of these police and prosecutors to investigate and prosecute persons involved with trafficking. In contrast to previous years, the government did not arrest potential trafficking victims on solicitation charges during these raids. During the reporting period, India arrested 685 suspected sex traffickers, but there were no reported prosecutions or convictions. The government succeeded in convicting only 27 traffickers across the major trafficking hubs of Andhra Pradesh, New Delhi, Maharashtra, and Tamil Nadu.
According to a study produced by the National Human Rights Commission a majority of traffickers surveyed claimed to rely on corrupt police officers for the protection of their trafficking activities. These officers reportedly continued to facilitate the movement of sex trafficking victims, protect brothels that exploit victims, and protect traffickers and brothel keepers from arrest or other threats of enforcement. In Jammu and Kashmir, authorities charged a deputy inspector-general of the Border Security Force, a former advocate general, a deputy superintendent of police, and two former state ministers with trafficking. In January, an official with the Central Bureau of Investigation was also arrested for complicity in trafficking. While those arrested were awaiting trial, there were no reported prosecutions or convictions of public officials for complicity in trafficking during the reporting period.
Due to the intra-state nature of most of India's sex trafficking, the uneven response from state-level governments, and the lack of effective coordination among state police authorities, India should strongly consider expanding the central MHA office to coordinate law enforcement efforts to investigate and arrest traffickers who cross state and national lines. India should also significantly increase prosecutions of those arrested for trafficking, including employers who exploit forced labor, deceptive labor recruiters, and sex traffickers; and impose strict sentences on those convicted. Similarly, the government should significantly increase its efforts to investigate, prosecute, convict, and sentence public officials who participate in or facilitate severe forms of trafficking in persons.
Protection
India's efforts to protect victims of trafficking remained uneven and, in many cases, inadequate. Victims of bonded labor are entitled to 10,000 rupees ($225) from the central government for rehabilitation, but this program is unevenly executed across the country because state governments are responsible for implementing the program. The government does not proactively identify and rescue bonded laborers, so few victims receive this assistance. Though children trafficked for forced labor may be housed in government shelters and are entitled to 20,000 rupees ($450), the quality of many of these homes remains poor and the disbursement of rehabilitation funds is sporadic. Some states provide services to victims of bonded labor, but NGOs provide the majority of protection services to these victims. The central government reported no protection services offered to Indian victims trafficked abroad for involuntary servitude or commercial sexual exploitation, and it does not provide funding to repatriate these victims. The Government of Kerala, however, appointed nodal officers to coordinate with Indian embassies in destination countries to assist victims from Kerala state. Foreign victims are not offered legal alternatives to their removal to countries in which they may face hardship or retribution. Many victims decline to testify against their traffickers due to the length of proceedings and fear of retribution by traffickers without adequate witness protection from the government.
The Government of India relied heavily on NGOs to assist sex trafficking victims, though it offered funding to these NGOs to build shelters under its Swadhar Scheme. In April 2007, however, India's parliament released a report concluding that the Ministry of Women and Child Development had failed to adequately implement the Swadhar program and another program specifically focused on services for trafficking victims across the country. Government shelters are found in all major cites, but the quality of care they offer varies widely. In Maharashtra, state authorities converted one government shelter into a home exclusively for minor victims of sex trafficking this year, and issued a policy permitting trafficking victims to access any of the 600 government homes throughout the state. The Governments of West Bengal, Tamil Nadu, and Andhra Pradesh also operate similar homes. Though states have made some improvements to their shelter care, victims sheltered in these facilities still do not receive comprehensive protection services, such as psychological assistance from trained counselors, and many victims are not assisted with long term alternatives to remaining in the shelter. The Government of Andhra Pradesh - the state with the largest number of trafficking victims in the country - now provides 10,000 rupees to sex trafficking victims.
The government should improve its protection efforts by enhancing the quality of rehabilitation services available in government run shelters, increasing protection services for bonded labor victims, and encouraging victims to assist in investigations of their traffickers. India should similarly improve its repatriation procedures to ensure that victims are not re-trafficked or further victimized. To protect Indian nationals trafficked abroad, the government should consider training overseas diplomatic officials in identifying and assisting trafficking victims caught in involuntary servitude, and should extend rehabilitation services to these victims upon their return.
Prevention
India's efforts to prevent trafficking in persons were limited this year. To address the issue of bride trafficking, the government instituted public awareness programs to educate parents on the laws against sex-selective abortions and infanticide, and the negative effect that gender imbalance is causing in parts of India. While the Ministry of Overseas Indian Affairs instituted a system requiring women under the age of 35 going to the Gulf as domestic workers to obtain authorization to leave India, the government failed to provide those traveling overseas with information on common trafficking perils or resources for assistance in destination countries.
The central government did not effectively guard its long, porous borders with Bangladesh and Nepal through which trafficking victims easily enter the country. India also did not take adequate measures to prevent internal trafficking for sexual exploitation or involuntary servitude despite the prevalence of such trafficking to major cities, and increasingly in smaller cities and suburbs. The lack of effective coordination between source and destination states contributed to this problem, underscoring the necessity for a centralized law enforcement authority with intrastate jurisdiction.
INDONESIA (Tier 2)
Indonesia is a source, transit, and destination country for women, children, and men trafficked for the purposes of sexual exploitation and forced labor.
The number of women trafficked to Japan under the guise of "cultural performers" decreased over the past year. Women from West Kalimantan who migrate to Taiwan and Hong Kong as contract brides are often forced into prostitution or debt bondage. A significant number of Indonesian women who go overseas each year to work as domestic servants are subjected to exploitation and conditions of involuntary servitude in Malaysia, Singapore, Saudi Arabia, Japan, Syria, Kuwait, Taiwan, and Hong Kong.
Some of Indonesia's licensed and unlicensed migrant labor recruiting agencies operated in ways similar to trafficking rings, leading both male and female workers into debt bondage and abusive labor situations. Internal sex and labor trafficking is rampant throughout Indonesia from rural to urban areas. The Riau Islands continued as transit and destination points for Indonesian women and girls trafficked for sexual exploitation.
Young women and girls are trafficked from the Riau Islands to Malaysia and Singapore by pimps for short trips. Malaysians and Singaporeans constitute the largest number of sex tourists, and the Riau Islands and surrounding areas operate a "prostitution economy." An alarming number of Indonesians trafficked to Malaysia and Saudi Arabia are subjected to severe physical and sexual abuse. Trafficking of "brides" to Taiwan for sexual exploitation persists. Women from the People's Republic of China, Thailand, Hong Kong, Uzbekistan, the Netherlands, Poland, Venezuela, Spain, and Ukraine are trafficked to Indonesia for sexual exploitation, although the numbers are small compared with the number of Indonesians trafficked for this purpose.
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 April 2007, Indonesia's president signed into law a comprehensive anti-trafficking bill that provides law enforcement authorities the power to investigate all forms of trafficking. The anti-trafficking law provides a powerful tool in efforts to prosecute and convict traffickers and have them face stiff prison sentences and fines. Success will depend on the political will of senior law enforcement officials to use the law and on the quick drafting of the law's implementing regulations. The new law incorporates all major elements suggested by civil society and the international community, including definitions of debt bondage, labor exploitation, sexual exploitation, and transnational and internal trafficking.
Despite the recent passage of this comprehensive anti-trafficking law, the extent of Indonesia's non-compliance with the minimum standards for the elimination of trafficking remains considerable. It has the region's largest trafficking problem, with hundreds of thousands of trafficking victims, and it has a huge and largely unchecked problem of trafficking-related complicity by public officials. Law enforcement efforts improved over the last year, but remain insufficient, and there has been scant political will shown to provide greater protection to migrant workers at risk of trafficking.
A memorandum of understanding with Malaysia signed in May 2006 ceded basic worker rights to employers making it easier for Indonesians to be trapped in slave-like conditions. The agreement allows Malaysian employers to hold workers' passports, restrict their freedom to return home, deduct up to 50 percent of their negotiated monthly wages to repay loans, and provide no time off. While the Ministry of Manpower conducted crackdowns on illegal activities of migrant manpower agencies, there was no official recognition that Indonesia's migrant worker system lacks measures to protect workers from exploitation or debt bondage. The government should make greater efforts to prosecute and convict public officials who profit from or are involved in trafficking. It is essential that the government implement a migrant manpower recruitment and placement system that incorporates measures to protect workers, rather than benefiting exploitative manpower agencies and employers. The government should also greatly increase its budget for the prevention of trafficking as well as the repatriation, treatment and rehabilitation of victims, relying less on international donors.
Prosecution
The Indonesian government demonstrated improved efforts to combat trafficking in persons in 2006, although the lack of a comprehensive law stymied the effectiveness of these efforts. With the passage and enactment in April 2007 of a comprehensive anti-trafficking law, Indonesia now prohibits all forms of trafficking in persons; the law prescribes penalties of 3 to 15 years' imprisonment. These penalties are sufficiently stringent and commensurate with those for other grave crimes. The new anti-trafficking law contains provisions for the prosecution of corporate entities which could be applied to job placement agencies involved in trafficking. Another provision specifically criminalizes trafficking by government officials. The new law will also facilitate anti-trafficking data collection, a chronic problem in Indonesia.
Law enforcement against traffickers increased in 2006 over 2005, with arrests up 29 percent, from 110 to 142; prosecutions up 87 percent, from 30 to 56; and convictions up 112 percent, from 17 to 36. The average sentence in these cases was 54 months. The longest trafficking sentence in 2006 was 15 years, imposed pursuant to the Child Protection Act. The number of women's police desks helping victims increased to 280 in 2006, while national trafficking police investigators nearly doubled to 20, still an inadequate number given the huge size of Indonesia's trafficking problem. Prosecutors with the Transnational Crime Center, which was established in July 2006 to handle high-priority cases of trafficking and terrorism, prosecuted 10 trafficking cases in its first six months of operation. A number of provincial and local laws were also passed to protect women and children against trafficking.
Indonesia posted police liaison officers in Indonesian embassies in Saudi Arabia, Malaysia, Australia, and Thailand to aid in trafficking investigations. Complicity in trafficking of individual security force members and corrupt officials involved in prostitution and sex trafficking remained unchecked. Individual members of the security forces were complicit in trafficking, providing protection to brothels and prostitution fronts or by receiving bribes. The former Indonesian Consul General in Penang, Malaysia, was sentenced to 20 months' imprisonment and fined 100 million rupiah for collecting illegal charges from Indonesian laborers in Malaysia. A former Consul General in Johor Bahru, Malaysia, was arrested for inflating fees for services and abusing authority.
Protection
The Indonesian government increased efforts, at the national and local levels, to protect victims of trafficking in Indonesia and abroad; however, available victim services are overwhelmed by the large number of trafficking victims. The government's policy is to encourage victim participation in investigations against traffickers and not to detain or imprison trafficking victims; however, local government and police practices varied. In some cases police officers treated victims as criminals, subjected them to detention, and demanded bribes from them. Authorities continued to round up and deport a small number of foreign women and girls in prostitution without attempting to identify trafficking victims among them. The government operates four medical centers that treat trafficking victims. The Foreign Ministry operated shelters for trafficking victims and migrant workers at its embassies and consulates in Malaysia, Saudi Arabia, Kuwait, and Singapore. The Indonesian Embassy in Kuala Lumpur, Malaysia, established a medical clinic in its shelter. The National Agency for the Placement and Protection of Overseas Workers, which began operating in March 2007, is responsible for providing legal protection for Indonesian migrant workers. Headed by a former labor leader, the agency showed promise in its first month by partnering with a local NGO to monitor treatment of migrant workers at Jakarta's international airport. Regulation and monitoring of the hundreds of migrant labor recruiting agencies has been inadequate, with many of these recruiting agencies defrauding and confining workers prior to their departure abroad. A new witness protection law enacted in August 2006 should give prosecutors more leeway in obtaining testimony against traffickers while protecting victims through the use of videotaped testimony. The government began funding the psychological rehabilitation of trafficking victims, a third or more of the cost of medical treatment, and health services in Malaysia. Manpower and national police took initial steps to cooperate in providing protection of trafficked migrant workers by signing a memorandum of understanding which provides for joint enforcement at all transit airports and ports. The government provided an anti-trafficking budget for the first time in 2007, allocating $4.8 million.
Prevention
The Indonesian government continued efforts to promote awareness and prevent trafficking in persons in 2006. The government collaborated with numerous NGO and international organization efforts to raise awareness and prevent trafficking in persons. The Women's Ministry conducted awareness-raising efforts in 16 provinces and sponsored a televised public service announcement on private national television stations. Many local task force partnerships of government and civil society organizations contributed greatly to anti-trafficking efforts at the grass-roots level. Limited public education material aimed at stopping child sex tourism was distributed in Bali and Batam. Indonesia has not ratified the 2000 UN TIP Protocol.
IRAN (Tier 3)
Iran is a source, transit, and destination country for women trafficked for the purposes of commercial sexual exploitation and involuntary servitude.
Iranian women are trafficked internally for the purpose of forced prostitution and forced marriages to settle debts. Children are trafficked internally and from Afghanistan for the purpose of forced marriages, commercial sexual exploitation, and involuntary servitude as beggars or laborers. According to non-governmental sources, Iranian women and girls are also trafficked to Pakistan, Turkey, Qatar, Kuwait, the United Arab Emirates, France, Germany, and the United Kingdom for commercial sexual exploitation. Media sources reported that 54 Iranian females between the ages of 16 and 25 are sold into commercial sexual exploitation in Pakistan every day.
The Government of Iran does not fully comply with the minimum standards for the elimination of trafficking and is not making significant efforts to do so. Credible reports indicate that Iranian authorities commonly punish victims of trafficking with beatings, imprisonment, and execution. Lack of access to Iran by U.S. government officials prohibits the collection of full data on the country's human trafficking problem and the government's efforts to curb it. Nonetheless, sources report that the Iranian government fails to meet the minimum standards for protection of victims of trafficking by prosecuting and, in some cases, executing victims for morality-based offenses as a direct result of being trafficked. The government should take steps to prevent the punishment of trafficking victims, and should articulate a plan of action to punish traffickers and prevent trafficking in persons.
Prosecution
Iran did not make significant progress in prosecuting and punishing trafficking crimes over the reporting period. The government prohibits all forms of trafficking in persons through its 2004 Law on Combating Human Trafficking. Penalties assigned under this law are generally severe, often involving death sentences for convicted traffickers. During the reporting period, however, the government did not report any prosecutions or convictions for trafficking crimes. Iran similarly did not provide any evidence of law enforcement efforts taken against government officials believed to facilitate trafficking. The government should take steps to significantly increase investigations and prosecutions of trafficking crimes, and to achieve convictions and meaningful sentences in the trafficking prosecutions it initiates.
Protection
The Government of Iran did not improve its protection of trafficking victims this year. The government reportedly punishes victims for unlawful acts committed as a direct result of being trafficked; for instance, victims reportedly are arrested and punished for violations of morality standards such as adultery, defined as sexual relations outside of marriage. Although it is unclear how many victims are subjected to punishment for acts committed as a result of their trafficking experience, there were reports that child victims of sex trafficking have been executed for their purported crime of prostitution or adultery. Moreover, the government does not offer trafficking victims legal alternatives to removal to countries in which they may face hardship or retribution. Similarly, the government does not encourage victims to assist law enforcement authorities in investigations and prosecutions of trafficking cases. The government runs 28 "health houses" set up by the state-operated Welfare Association to provide assistance to unmarried girls who have run away from their homes and who are at risk of being trafficked. However, girls reportedly are abused in these shelters, even by shelter staff and other government officials. The Government of Iran should take immediate and significant steps to prevent the punishment of trafficking victims and should improve the protection services available to victims.
Prevention
During the year, Iran did not report any advances in its trafficking prevention measures. Iran should improve its efforts to prevent trafficking in persons by significantly improving border security with Pakistan and other neighboring countries to which Iranian women and children are trafficked. Authorities should also improve efforts to monitor travel of Iranian women and girls to Middle Eastern countries where they are commonly trafficked for commercial sexual exploitation. Finally, the government should institute a public awareness campaign to warn women and children of the dangers of trafficking. Iran has not ratified the 2000 UN TIP Protocol.
ISRAEL (Tier 2)
Israel is a destination country for low-skilled workers from People's Republic of China (P.R.C.), Romania, Jordan, Turkey, Thailand, the Philippines, Nepal, Sri Lanka, and India who migrate voluntarily for contract labor in the construction, agriculture, and health care industries. Some are subsequently subjected to conditions of involuntary servitude, such as withholding of passports and other restrictions on movement, threats, and physical intimidation. According to the Government of Israel, women working in the health care field are particularly vulnerable to trafficking for involuntary servitude. Many labor recruitment agencies in source countries and in Israel require workers to pay up-front fees ranging from $1,000 to $10,000 - a practice that may contribute to debt bondage and makes these workers highly vulnerable to forced labor once in Israel. Israel is also a destination country for women trafficked from Eastern Europe - primarily Ukraine, Moldova, Uzbekistan, Belarus and Russia - for the purpose of commercial sexual exploitation.
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. This year, the government passed crucial amendments to its anti-trafficking law that comprehensively prohibit all forms of trafficking in persons, including involuntary servitude and slavery. In addition, the government extended legal assistance to victims of trafficking for involuntary servitude, and passed a national action plan to combat trafficking for forced labor. Nevertheless, the government still does not provide forced labor victims with adequate protection services, such as shelter, medical, and psychological aid. Israel has not yet reported any criminal prosecutions under its new law for labor trafficking crimes. The government continued, however, to address the issue of trafficking for commercial sexual exploitation by investigating and prosecuting traffickers, and providing victims with shelter and protective services.
Prosecution
The Government of Israel moderately improved its anti-trafficking law enforcement efforts over the reporting period. Israel prohibits all forms of trafficking in persons through its Anti-Trafficking Law that came into force on October 29, 2006. Prescribed penalties under this law range from 16 to 20 years' imprisonment, which are sufficiently stringent to deter and commensurate with those for other grave crimes. During the reporting period, the government conducted 352 criminal investigations of trafficking for commercial sexual exploitation, filed 34 cases in court, and convicted 13 individuals; an additional 43 sex trafficking prosecutions are currently pending. Penalties imposed, some of which resulted from negotiated plea arrangements, ranged from 6 months' to 13 years' imprisonment. In March 2007, the government filed charges against a police officer suspected of complicity in trafficking for commercial sexual exploitation. In addition, Israel cooperated with Ukrainian, Belarusian, Moldovan, and Czech law enforcement authorities to extradite traffickers and break up organized sex trafficking rings.
Prior to passing the new anti-trafficking law criminalizing labor forms of trafficking, the Government of Israel continued to use existing statutes to combat trafficking for involuntary servitude. During the reporting period, the Crime Unit of the Immigration Administration opened 708 criminal cases for fraud and deceit of foreign workers, 77 cases of withholding the passports of foreign workers, and five cases of labor exploitation. Of these, the government filed charges in 10 cases for withholding passports and 43 cases involving fraud by manpower agencies and private recruiters against foreign workers. It is unclear, however, how many of these cases specifically involved trafficking in persons for the purpose of involuntary servitude. The government reported no convictions for involuntary servitude this year, nor did it provide evidence of conducting criminal investigations of manpower agencies for illegally charging recruitment fees, a factor that may contribute to a situation of debt bondage for many foreign workers.
In cooperation with local NGOs, Israel provided anti-trafficking training to judges; government employees who potentially encounter trafficking victims, such as passport control officers and employees in the visa department; and government officials in relevant ministries. The government also specifically trained legal aid officers and other government officials on provisions in the new anti-trafficking law pertaining to trafficking for involuntary servitude.
Protection
Although the Government of Israel made some improvements in its protection of sex trafficking victims over the reporting period, protection of victims of involuntary servitude remained relatively weak. Victims of commercial sexual exploitation are not punished for unlawful acts committed as a result of being trafficked. The Ministry of Social Affairs and local NGOs jointly operate a shelter for victims of sex trafficking. During the reporting period, police, immigration authorities, and NGOs referred 46 victims to the shelter. Victims in this shelter receive medical treatment, psychiatric and social services, stipends, and temporary residency and work permits. Although the government encourages victims of sex trafficking to assist in investigations and prosecutions of traffickers, it now also allows victims to remain in the shelter even if they are not willing or able to testify. Victims are permitted to apply for a one-year extension to their temporary residency permits on humanitarian grounds.
Victims of trafficking for involuntary servitude, however, remain largely unprotected. The government does not offer shelter, medical, or psychological services to these victims, but does assist them in obtaining new employment. Migrant workers who file criminal complaints are not arrested, but they are also not encouraged to assist in investigations against their traffickers. This year, the government's anti-trafficking national coordinator prepared a tool kit for law enforcement authorities to assist them in identifying victims of involuntary servitude. Israel's new anti-trafficking law mandates legal aid for all victims of trafficking to file civil suits against their traffickers; for victims of involuntary servitude, a pilot project will be in place until September 2008. The law also includes broad forfeiture provisions that permit the government to seize traffickers' assets for use in rehabilitation of victims and compensation.
Prevention
The Israeli government sustained its modest efforts to prevent trafficking in persons over the reporting period. The government published brochures informing incoming foreign workers of their rights. These brochures were printed in the workers' native language and outlined their rights and resources for assistance. Israel also continued to monitor its southern border with Egypt for signs of trafficking; reporting period, the Ramon Border Unit prevented the trafficking of 15 women for commercial sexual exploitation through proactive screening of incoming illegal migrants. Israel has not ratified the 2000 UN TIP Protocol.
ITALY (Tier 1)
Italy is a transit and destination country for women, children and men trafficked for the purposes of commercial sexual exploitation and forced labor. Most victims are women and children from Nigeria, Romania, Moldova, Albania, and Ukraine though in smaller numbers there are also victims from Russia, Bulgaria, Latin America, North and East Africa, the Middle East, and China. Children constitute 7 to 10 percent of victims. There has been an increase in Romanian minors trafficked to Italy for sexual exploitation, an unintended consequence of a EU-mandated closure of Romanian orphanages. The number of Roma children trafficked for forced begging has also risen. Men from Poland and the P.R.C. are trafficked to Italy for forced labor, mostly in the agricultural sector.
The Government of Italy fully complies with the minimum standards for the elimination of trafficking. Italy has taken aggressive steps to enforce its anti-trafficking laws and to provide protection to victims. To further strengthen further its response to trafficking, Italy should take steps to ensure that Article 18 benefits are administered equally to labor trafficking victims, ensure that victims are not penalized for crimes committed as a result of being trafficked, and launch demand reduction campaigns.
Prosecution
The Government of Italy demonstrated sustained, strong law enforcement efforts to combat trafficking throughout the reporting period. Italy prohibits all forms of trafficking in persons through its 2003 Measures Against Trafficking in Persons law. The prescribed penalty of 8 to 20 years' imprisonment for all forms of trafficking is sufficiently stringent and commensurate with the nation's maximum 12-year prison sentence for forcible sexual assault. In 2006, the government raised the legal minimum age for engaging in prostitution from 15 to 18 years old. In an effort to highlight its concern about forced labor, in November 2006 the government proposed legislation to introduce new penalties for job recruiters who exploit workers. Between October 2006 and January 2007, the government conducted a large-scale anti-trafficking crackdown, "Operation Spartacus," which yielded the arrests of 784 suspected traffickers and led to the opening of investigations of 1,311 persons which are still ongoing. Trafficking investigations in 2005 - the last year for which complete data was available - increased to 2,045 from 1,861 in 2004. One hundred-two trafficking cases were prosecuted in 2005 resulting in the conviction of 125 traffickers and the acquittal of 48 defendants.
Protection
The Italian government sustained strong efforts to protect trafficking victims during reporting period. The government spent 4.3 million euros ($5.82 million) on victim assistance in 2006, financing 77 NGO projects to provide legal services, health care, and counseling to 7,300 women trafficking victims. In 2006, government-funded NGOs also provided literacy courses for 340 victims, vocational training for 430 victims, and employment assistance to 1189 victims. The government funded the repatriation and reintegration of 69 foreign victims and issued temporary residence visas to 927 victims in 2006. Article 18 of the anti-trafficking law allows authorities to grant residence permits and provide protection and job training services to victims of all forms of trafficking, including victims of forced labor, but benefits to date have primarily been given to sex trafficking victims. In 2007, the government extended Article 18 benefits to victims from EU countries. The government encourages victims to assist in trafficking investigations or prosecutions by offering temporary residency permits, though a victim need not assist law enforcement efforts in order to receive a temporary residency permit. In addition, a victim who is a material witness in a court case against a former employer may obtain other employment. Despite the government's efforts to identify all victims of trafficking, some, such as Nigerian women in commercial sexual exploitation, are still deported. The government is investigating allegations by an independent commission that its victim identification measures for immigrants arriving in boats from North Africa are not fully effective. Victims who file complaints against traffickers usually do not face prosecution.
Prevention
The Government of Italy demonstrated strong efforts to educate the Italian public about trafficking during the reporting period. NGOs continued to raise awareness using government-funded materials, including brochures, posters, and TV and radio ads about trafficking. The Minister for Equal Opportunities began implementing a new system at national and regional levels to track national anti-trafficking efforts.
JAMAICA (Tier 2)
Jamaica is principally a source country for women and children trafficked within the country for the purposes of commercial sexual exploitation and forced labor. The majority of victims are Jamaican women and girls, and increasingly boys, who are trafficked from rural to urban and tourist areas for sexual exploitation. Some children are subjected to conditions of forced labor as domestic servants.
The Government of Jamaica does not fully comply with the minimum standards for the elimination of trafficking; however, it is making significant efforts to do so. During the reporting period, the government enacted comprehensive anti-trafficking legislation and intensified law enforcement and prevention efforts. In the coming year, the government should increase efforts to identify and investigate acts of human trafficking, convict and punish traffickers for their crimes, and improve services for trafficking victims.
Prosecution
The Government of Jamaica increased its law enforcement efforts against human trafficking during the reporting period. In February, the government passed and enacted the Trafficking in Persons Act of 2007, comprehensive legislation that prohibits all forms of trafficking in persons and related offenses such as withholding a victim's passport or receiving financial benefits from trafficking crimes. The new law became effective on March 1, 2007, and prescribes penalties of up to 10 years' imprisonment, which are sufficiently stringent and commensurate with punishments prescribed for other grave crimes. During the reporting period, the government initiated six trafficking prosecutions under older laws; these prosecutions are ongoing. Police also conducted high-profile raids on hotels and 37 suspected sites of sex trafficking; nine trafficking victims were found.
In November 2006, the government launched a comprehensive study of human trafficking, focusing on vulnerable persons and communities, to gain a better understanding of the problem and to set up a system for collection of trafficking data. The government conducted widespread anti-trafficking training of police, prosecutors, and immigration and consular officials during the reporting period. A police Airport Interdiction Task Force, created through a memorandum of understanding between Jamaica and the United States, actively investigates cases of drug trafficking and human trafficking at ports of entry. No reports of public officials' complicity in human trafficking were received in 2006.
Protection
The government's efforts to protect trafficking victims remained limited during the reporting period. Child trafficking victims are referred to government-run shelters, but there are no shelters serving adults. Nonetheless, the government provides medical, psychological, and legal services for all trafficking victims and occasionally places adult victims in hotels or other temporary facilities. Pursuant to the Trafficking in Persons Act of 2007, Jamaican authorities encourage victims to assist in the investigation and prosecution of their traffickers. Victims are not penalized for immigration violations or other unlawful acts committed as a direct result of being trafficked. Jamaica provides temporary residency for foreign trafficking victims and other legal alternatives to deportation or removal.
Prevention
The government stepped up prevention efforts during the reporting period. High-level government officials condemned human trafficking in public statements. In preparation for the Cricket World Cup, the government requested anti-trafficking training and materials from IOM, and pledged to erect anti-trafficking billboards at all ports of entry. Posters advertise 24-hour hotlines to report suspected human trafficking cases. The government also partnered with Air Jamaica to include anti-trafficking information on all flights. The government sponsored two anti-trafficking education events that reached nearly 800 people, and the Bureau of Women's Affairs conducted 21 anti-trafficking workshops for approximately 2,100 people.
JAPAN (Tier 2)
Japan is primarily a destination, and to a lesser extent a transit country for men, women, and children trafficked for the purpose of commercial sexual exploitation. The majority of identified trafficking victims are foreign women who migrate to Japan seeking work, but who are deceived or coerced into debt bondage or sexual servitude. Some migrant workers are reportedly subjected to conditions of forced labor through a "foreign trainee" program. Women and children are trafficked to Japan for commercial sexual exploitation from the People's Republic of China, South Korea, Southeast Asia, Eastern Europe, Russia, and, to a lesser extent, Latin America. Internal trafficking of Japanese minor girls and women for sexual exploitation is also a problem. Over the past year, exploiters of women in Japan's booming sex trade appear to have modified their methods of controlling victims to limit their opportunity to escape or seek help. Many female victims will not step forward to seek help for fear of reprisals by their traffickers, who are usually members or associates of Japanese organized crime syndicates (the Yakuza). Japanese men are involved in child sex tourism in Southeast Asia.
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. Japan showed modest progress in advancing anti-trafficking reforms over the past year. The Japanese government continued implementing reforms initiated in 2005 through its national plan of action and its inter-ministerial committee on trafficking in persons, though progress appeared to slow during the reporting period.
While prosecutions and convictions under Japan's 2005 trafficking in persons statute increased significantly this year, fewer victims of trafficking were identified and assisted by Japanese authorities. The 58 victims found by the government in 2006 were less than half the number identified in 2005. NGOs and researchers agreed that the number of actual victims probably greatly exceeded government statistics. Some observers attribute this drop in part to a move of more exploitative sex businesses underground. The government should direct a more proactive law enforcement campaign to investigate suspected sites of commercial sexual exploitation in order to identify and assist a far greater number of trafficking victims and sustain progress in punishing trafficking offenders. The government should make greater efforts to investigate the possible forced labor conditions of workers in the "foreign trainee" program, the domestic sexual exploitation of Japanese women and children, and the use of fraudulent marriage as a mechanism for human trafficking. The government should also cooperate more closely with specialized NGO shelters to provide counseling services to victims of trafficking, and focus additional resources on preventing child sex tourism by male Japanese travelers.
Prosecution
The Government of Japan's efforts to punish acts of trafficking increased over the last year. Japan's 2005 amendment to its criminal code and a variety of other criminal code articles and laws, including the Labor Standards Law, the Prostitution Prevention Law, the Child Welfare Law, and the Law for Punishing Acts Related to Child Prostitution and Child Pornography criminalize trafficking and a wide range of related activities. However, it is unclear if the existing legal framework is sufficiently comprehensive to criminalize all severe forms of trafficking in persons. The 2005 criminal code amendment prescribes penalties of up to seven years' imprisonment, which is sufficiently stringent. Application of these statutes, however, has been hindered by the difficulty of establishing the level of documentary evidence required for proving a trafficking crime. In 2006, 78 trafficking suspects were arrested; 17 cases prosecuted; and 15 trafficking offenders convicted under the 2005 statute. This is a significant increase from the few prosecutions and one conviction obtained in 2005. Of the 15 convictions in 2006, 12 offenders received prison sentences ranging from one to seven years; three offenders received suspended sentences. Two prosecutions were initiated for labor trafficking in 2006 and are ongoing. The government should take more initiative in investigating businesses suspected of human trafficking and in building cases against traffickers. The government should also revise the child pornography law to criminalize the access, purchase, and possession of child pornography. The fact that it is legal to purchase and possess child pornography in Japan contributes to the global demand for these images, which often depict the brutal sexual abuse of children.
Protection
In spite of increased government efforts, the effectiveness of victim protection declined during the reporting period. Law enforcement authorities only identified 58 victims in 2006, down from 117 identified in 2005. This small number is significantly disproportionate to the suspected magnitude of Japan's trafficking problem, which is estimated to greatly exceed government statistics. This may be due, in part, to traffickers moving their activities underground, but NGOs working with trafficking victims claim that the government is not proactive in searching for victims among vulnerable populations such as foreign women in the sex trade.
Victims in Japan are provided temporary residency and encouraged to assist in the investigation and prosecution of traffickers but are not offered longer-term legal alternatives to their removal to countries where they may face hardship or retribution. The Japanese government funded the IOM-assisted repatriations of 50 victims last year. The government relied on domestic violence shelters - Women's Consultative Centers - in each of Japan's 47 prefectures to provide shelter for identified victims; the government referred few victims to dedicated trafficking shelters run by NGOs - a change since 2005, when many victims were referred to these NGO facilities. The Women's Consultative Centers have been criticized as inadequate for the care of foreign trafficking victims, offering in-house counseling only in the Japanese language and offering no special services to address the unique trauma of trafficking and the cultures of the victims. Some victims were not appropriately identified by Japanese authorities and, as a consequence, were treated as violators of Japanese immigration or prostitution statutes and penalized instead of being protected as victims of human trafficking.
Prevention
The Japanese government increased its efforts to prevent trafficking in persons, both at home and in source countries, over the reporting period. The government's inter-ministerial committee oversaw the expanded dissemination of 500,000 copies of a brochure that provides victims and potential victims with information on seeking help from the government or NGOs in the languages of all the nationalities of identified victims. Tightened visa restrictions significantly reduced the number of identified victims who enter Japan with "entertainment" visas, from 68 in 2005, to 18 in 2006. The government also expanded a public awareness campaign started in 2005 aimed at the demand for commercial sexual exploitation; 25,000 posters highlighting the link between prostitution and sex trafficking were circulated nationwide. The government donated $200,000 to UNICEF for a child trafficking prevention campaign in Central Asia, as well as $2 million to an ILO project for anti-trafficking efforts in Thailand and the Philippines. Because Japan's Diet has not ratified the umbrella UN Transnational Organized Crime Convention, Japan has not officially ratified the 2000 UN TIP Protocol.
JORDAN (Tier 2)
Jordan is a destination and transit country for women and men from South and Southeast Asia trafficked for the purpose of labor exploitation. Women from Bangladesh, Sri Lanka, Indonesia, and the Philippines migrate willingly to work as domestic servants, but some are subjected to conditions of involuntary servitude, including withholding of passports and other restrictions on movement, extended working hours, non-payment of wages, threats, and physical or sexual abuse. In addition, Chinese, Indian, Sri Lankan, and Bangladeshi men and women face conditions of involuntary servitude in factories in Jordan's Qualified Industrial Zones (QIZs); these workers encounter similar conditions of forced labor, including withholding of passports, non-payment of wages, extended working hours, lack of access to food, water, and medical care, and physical or sexual abuse. Jordan may serve as a transit country for South and Southeast Asian men deceptively recruited with fraudulent job offers in Jordan but instead trafficked to work involuntarily in Iraq.
The Government of Jordan does not fully comply with the minimum standards for the elimination of trafficking; however, it is making significant efforts to do so. Though the government made noticeable efforts under its labor laws to investigate trafficking offenses, Jordan failed to criminally punish recruitment agents or factory managers who induced workers into involuntary servitude. In May, the Ministry of Labor established a Directorate for Foreign Domestic Workers, and in November, the Ministry of Foreign Affairs appointed an anti-trafficking in persons coordinator in the Human Rights Directorate. The government should continue to enforce existing laws that address trafficking-related offenses. The government should ensure that victims are adequately protected and not deported, detained or otherwise punished as a result of being trafficked or having reported a crime committed against them.
Prosecution
During the reporting period, Jordan took insufficient steps to criminally punish trafficking offenses. Jordan does not specifically prohibit all forms of trafficking in persons, but the government prohibits slavery through its Anti-Slavery Law of 1929. Prescribed penalties of up to three years' imprisonment under this statute, however, are not sufficiently stringent or adequately reflective of the heinous nature of the crime. The government can use statutes against kidnapping, assault, and rape to prosecute abuses committed against foreign workers. The penalties that perpetrators are subject to under all the laws can be sufficiently deterrent if properly enforced.
This past year, the government reported receiving 40 complaints filed by foreign domestic workers for physical or sexual abuse by their employers, but of these cases, only two employers were convicted; the sentences imposed were only two to three months' imprisonment. Seven employers were found innocent, one case was dropped, and another 24 cases are still pending in courts. Despite well-documented evidence of serious cases of forced labor or involuntary servitude in the QIZs, the government responded primarily administrative penalties; labor inspectors cited 1,113 violations, issued 338 warnings, and closed eight factories permanently. Only three factory managers were criminally prosecuted for abusing workers, and none were adequately punished. Twenty police officers were trained this year in anti-trafficking techniques. Jordan should significantly increase criminal prosecutions for trafficking offenses.
Protection
Jordan made modest efforts to protect trafficking victims this year. The government neither encourages victims to assist in investigations against their traffickers nor provides them with legal alternatives to removal to countries in which they may face hardship or retribution. Foreign domestic workers who run away from their employers are sometimes falsely charged by their employers. In addition, victims of sexual assault, including foreign domestic workers, may be put into "protective custody" that often amounts to detention. Jordan does not operate a shelter for trafficking victims. In the QIZs, the government moved 3,000 workers who were identified as trafficking victims into better working conditions; nonetheless, none of these victims were provided with medical or psychological assistance.
Prevention
Jordan made notable progress in preventing trafficking in persons this year. The Ministry of Labor, in collaboration with UNIFEM and the Adaleh Center for Human Rights, launched a media campaign to increase awareness of trafficking of foreign domestic workers. In addition, Jordan and UNIFEM established standardized contracts for domestic workers that delineate their rights and which are enforceable in Jordan. The Ministry of Labor also distributes UNIFEM-produced literature on the rights of foreign domestic workers in its offices and requires recruitment agencies to provide these booklets to workers in their own language upon their arrival. The government did not pursue similar measures for workers in the QIZ factories, but the Ministry of Labor commissioned an independent third party audit team to assess the situation in the factories so that it could respond appropriately. Jordan has not ratified the 2000 UN TIP Protocol.
KAZAKHSTAN (Tier 2 Watch List)
Kazakhstan is a source, transit, and destination country for men and women from Uzbekistan, Kyrgyzstan, Tajikistan, and Ukraine trafficked to Russia and the U.A.E. for purposes of forced labor and commercial sexual exploitation. Kazakhstani men and women are trafficked internally and to the U.A.E., Turkey, Israel, Greece, Russia, and Germany for purposes of sexual exploitation and forced labor.
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 is placed on Tier 2 Watch List because it failed to provide evidence of increasing efforts to combat trafficking from the previous year, specifically efforts to convict and sentence traffickers to time in prison and efforts to provide adequate victim assistance and protection. Kazakhstan convicted only one trafficker in 2006, a significant decrease from 13 convictions in 2005. Legislative amendments enacted in March 2006 were expected to improve the government's ability to convict traffickers and increase the amount of resources devoted to victim protection. Despite implementation of the Law on Social Assistance, passed in April 2005, which provided a mechanism to allow the government to provide grants to NGOs, government funding for anti-trafficking NGOs remained nominal. Government resources devoted to victim protection remain insufficient. The government should: improve efforts to investigate, prosecute, convict, and sentence government officials complicit in trafficking; increase the number of trafficking convictions and ensure convicted traffickers serve some time in prison; continue to provide labor trafficking and victim identification training to law enforcement officers; ensure trafficking victims are not punished; and provide some financial assistance for trafficking shelters.
Prosecution
Kazakhstan prohibits trafficking in persons for both labor and sexual exploitation through Articles 128 and 133 of its penal code, which prescribes penalties of up to 15 years' imprisonment, and which are sufficiently stringent and commensurate with those prescribed for other grave crimes. Police conducted 13 trafficking investigations in 2006, down from 29 in 2005. In 2006, authorities initiated seven trafficking prosecutions, up from five cases prosecuted in 2005. A conviction was obtained against only one trafficker in 2006, compared with 13 convictions obtained in 2005. Sentencing data was unavailable for 2006. The Ministry of Internal Affairs conducted 80 training events for police officers, primarily through the Anti-Trafficking Training Center, and for prosecutors and judges on techniques for detecting, investigating, prosecuting, and adjudicating trafficking cases. Kazakhstan conducted several joint trafficking investigations with various governments. There was evidence of complicity in trafficking by individual border guards, migration police, prosecutors, and police. The government should increase efforts to investigate and prosecute the officials suspected of complicity. The government investigated 32 police officers for issuing fraudulent documents in 2006; it did not make the results of these investigations public. No officials were prosecuted, convicted, or sentenced to time in prison for trafficking complicity in 2006.
Protection
Government efforts to assist and protect victims improved over the reporting period, however, additional resources should be devoted to assisting trafficking victims. The comprehensive anti-trafficking law passed in March 2006 provides identified victims with temporary residency and relief from deportation. The law also ensures that victims are not penalized for unlawful acts committed as a direct result of being trafficked. Some unidentified victims were detained in jail and prevented from leaving the country for periods ranging from a few days to several months while their claims were examined. Some unidentified victims may have been fined or deported. The government permitted identified victims to remain in Kazakhstan for the duration of the criminal investigation. Many victims refuse to testify for fear of retribution. Kazakhstan has not devoted sufficient resources to effectively provide protection to identified trafficking victims. Local law enforcement has a mechanism to refer victims to crisis centers and NGOs for assistance and shelter. Upon return to the country, border police referred and repatriated Kazakhstani victims to NGOs. In 2006, the government provided financial assistance to victims trafficked abroad. Some local governments provided some in-kind assistance to NGO trafficking shelters.
Prevention
The government conducted active public awareness efforts. In 2006, more than 1,900 articles on trafficking were published in state-run national and regional newspapers and 800 segments were broadcast on radio and television. Surveys show significant public awareness of the dangers of trafficking. Law enforcement officials met with community groups to discuss trafficking. Law enforcement regularly inspected labor recruitment and tourism agencies to verify their legitimacy. Kazakhstan has not ratified the 2000 UN TIP Protocol.
KENYA (Tier 2 Watch List)
Kenya is a source, transit, and destination country for men, women, and children trafficked for the purposes of forced labor and commercial sexual exploitation. Kenyan children are trafficked within the country for domestic servitude, street vending, agricultural labor, and commercial sexual exploitation, including involvement in the coastal sex tourism industry. Kenyan men, women, and girls are trafficked to the Middle East, other African nations, Europe, and North America for domestic servitude, enslavement in massage parlors and brothels, and forced manual labor. Foreign employment agencies facilitate and profit from the trafficking of Kenyan nationals to Middle Eastern nations, notably Saudi Arabia, the U.A.E., and Lebanon, as well as Germany. Chinese, Indian, and Pakistani women reportedly transit Nairobi en route to exploitation in Europe's commercial sex trade. Brothels and massage parlors in Nairobi employ foreign women, some of whom are likely trafficked.
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. Kenya is placed on Tier 2 Watch List for a second consecutive year due to the lack of evidence of increasing efforts to combat severe forms of trafficking over the last year. The government should sensitize law enforcement officials throughout the country to trafficking crimes, and it should push for greater investigations and prosecutions of traffickers. It should also pass and implement comprehensive anti-trafficking legislation; institute trafficking awareness training for diplomats posted overseas; and continue its positive and expanding efforts to address child sex tourism on the coast.
Prosecution
The government failed to punish acts of trafficking during the reporting period, but showed increased law enforcement activity in the beginning of 2007. Kenya does not prohibit all forms of trafficking, though it criminalizes the trafficking of children and adults for sexual exploitation through its Sexual Offenses Act, enacted in July 2006. This law prescribes penalties that are sufficiently stringent and commensurate with those for rape. However, Kenya lacks laws against labor trafficking. The Attorney General's Office is reviewing a draft comprehensive anti-trafficking bill. The Kenya Police Service's Human Trafficking Unit conducted no investigations into trafficking cases during the reporting period. There were no trafficking prosecutions or convictions reported over the last year. A newly created community policing and child protection police unit, however, in February 2007 obtained indictments - its first indictments - of two men for allegedly trafficking two Ethiopian minors to Kenya for domestic servitude. Corruption among law enforcement authorities and other public officials hampered efforts to bring traffickers to justice. In August 2006, two police officers in Trans-Nzoia were suspended from duty for complicity in trafficking, but were reinstated without further disciplinary action. In June 2006, the Tourism Minister led police and other officials on a raid of a resort hotel suspected of hosting children in prostitution; two young girls were removed from the premises. Police reportedly also investigated trafficking cases in the coastal and Rift Valley regions, but further information on resulting arrests or prosecutions was not provided.
Protection
While the government did not provide trafficking victims shelter or access to medical or social services, it did improve its assistance to children facing labor exploitation. Victims are encouraged to assist with investigations and prosecutions, but are usually deported before the investigation concludes due to budget constraints, insufficient capacity, and the absence of legal statutes under which to prosecute traffickers. Police also treat some sexually exploited children as criminals rather than victims. In 2006, City Council social services departments in Nairobi, Mombasa, and Kisumu established shelters to rehabilitate street children vulnerable to forced labor and sexual abuse; shelter staff need training in recognizing and documenting trafficking cases. In 2006, 5,026 children were removed from labor and 4,178 at-risk children were kept in school through the involvement of labor inspectors, police, and district child labor committees in two programs to combat the worst forms of child labor conducted by international partners; some of these children were victims of trafficking. During the reporting period, the Kenyan embassy in Riyadh turned away and failed to properly assist Kenyan domestic servants who reported cases of mistreatment; the government, however, did assist with the repatriation of these women.
Prevention
The Ministry of Home Affairs and UNICEF conducted joint research on child sex tourism and commercial sexual exploitation of children on the coast that underpinned a Kenyan government report in December 2006. In response to the study's findings, steps to address human trafficking were incorporated into the Ministry's annual work plan. In early December, government ministries formed a National Trafficking Task Force to draft a National Plan of Action. The Tourism Ministry in early 2006 began requiring owners of private villas in tourist beach areas to register their properties as hotels and submit to inspections; by August, 1,200 villas were registered. Officials from the Ministries of Home Affairs, Tourism, and Labor participated in 20 trainings for hotels that are already signatories to the code. The Ministry of Labor reviewed the contracts of approximately 600 Kenyans traveling to work abroad and provided workers' rights counseling to those appearing for approval in person. As a result of the increased training opportunities, the Kenyan media, especially the government-owned Kenya Broadcasting Corporation, noticeably improved the quantity and quality of coverage of human trafficking cases.
REPUBLIC OF KOREA (Tier 1)
The Republic of Korea (R.O.K.) is primarily a source country for the trafficking of women and girls internally and to the United States (often through Canada and Mexico), Japan, Hong Kong, Guam, Australia, New Zealand, Canada, and Western Europe for the purpose of commercial sexual exploitation. Women from Russia, Uzbekistan, Kazakhstan, the People's Republic of China (P.R.C.), the Philippines, Thailand, and other Southeast Asian countries are trafficked for sexual exploitation to South Korea. A growing number of these foreign victims were trafficked to the R.O.K. for sexual or labor exploitation through brokered international marriages to South Korean men. South Korean men are a significant source of demand for child sex tourism in Southeast Asia and the Pacific Islands.
The Government of the Republic of Korea fully complies with the minimum standards for the elimination of trafficking. Over the last year, the government continued vigorous law enforcement efforts against sex trafficking and commercial sexual exploitation, and expanded protections offered to victims of sex trafficking. The government demonstrated appreciation for the perceived increase in transnational sex trafficking of South Korean women to the United States by increasing cooperative efforts with U.S. law enforcement investigators. These advances, however, were not adequately matched by an awareness of potential labor trafficking among South Korea's large foreign labor force. The South Korean government should take steps to ensure that the new Employment Placement System of labor recruitment offers greater protections to foreign workers by investigating and prosecuting cases of forced labor among migrant workers.
Prosecution
The R.O.K. government sustained progress in its anti-trafficking law enforcement efforts over the reporting period. The R.O.K. prohibits trafficking for the purpose of commercial sexual exploitation through its 2004 "Act on the Punishment of Intermediating in the Sex Trade and Associated Acts," which prescribes penalties of up to 10 years' imprisonment - penalties that are sufficiently stringent and commensurate with those prescribed for rape. Trafficking for forced labor is criminalized under the Labor Standards Act, which prescribes penalties of up to five years' imprisonment. In 2006, R.O.K. authorities conducted 190 trafficking investigations and prosecuted 36 cases. Convictions were obtained against 25 trafficking offenders, of whom 21 received prison sentences (although 10 of these were suspended). Prison sentences imposed on 11 traffickers ranged from 15 months to 6 years. In response to reports of increased sex trafficking of South Korean women to the United States, the South Korean police sent a delegation to the United States to improve joint cooperation in investigating the organized crime groups behind this trans-Pacific trafficking.
Protection
The Government of the Republic of Korea further strengthened its efforts to protect victims of trafficking over the last year. It spent $19 million in support of an expanded protection network of 47 shelters - including 16 shelters for teenage victims and 3 shelters for foreign victims - 5 long-term group homes, and 27 counseling center programs, providing a wide range of services to South Korean and foreign victims of sex trafficking. Most of the shelters are run by NGOs that the government funds fully or in part. The government's Ministry of Gender Equality and Family (MOGEF) continued running a 24-hour hotline for South Korean and foreign victims of trafficking that referred victims to government or NGO-run shelters and counseling centers. The government encourages sex trafficking victims to assist in the investigation and prosecution of traffickers, and provides legal alternatives to the removal of foreign victims to countries where they may face hardship or retribution; this is done primarily through the Ministry of Justice's issuance of G-1 visas or an order of suspension of the victim's departure. The R.O.K. government does not penalize victims for unlawful acts committed as a direct result of their being trafficked. Recognizing the potential for increased trafficking through brokered international marriages, MOGEF in April 2006 released a comprehensive plan to address the needs of foreign brides in the R.O.K. that included recommendations for better regulating marriage brokers.
Although the Ministry of Labor increased its number of inspections of labor conditions at work sites by 18 percent (to 17,700), there were no reported prosecutions or convictions of labor trafficking offenders. Some employers were noted continuing to withhold the passports of foreign workers, a factor that may contribute to forced labor. In February 2007, the government completed a two-year phase-in period of the Employment Placement System (EPS), which is now in full effect. The EPS is a system of recruiting foreign workers through government-to-government channels that eliminates the role of private labor agencies and recruiters, many of which had been found to employ highly exploitative practices - including practices that facilitated debt bondage and forced labor. By March 2007, the R.O.K. government had signed 10 Memoranda of Understanding (MOUs) with governments of labor source countries that contained provisions guaranteeing basic rights of workers. Complementing the EPS, the Ministry of Labor in December 2006 opened a second Migrant Workers Center to support the needs of foreign contract laborers in the R.O.K. The full effect of the nascent EPS has not yet been assessed.
Prevention
The R.O.K. government sustained strong anti-trafficking prevention efforts through awareness raising campaigns. The Ministry of Justice expanded a "John's School" created to educate male "clients" of prostitution. In 2006, 11,000 male first-time offenders, who were arrested by R.O.K. police, participated in the program, which included testimony from trafficking victims. The MOGEF conducted four anti-trafficking seminars with NGOs to improve awareness, and it carried out a public awareness campaign against prostitution, placing 6,380 posters in public places of major cities. An inter-agency task force, with 14 ministries participating, met twice during the year to improve the government's coordination of anti-trafficking efforts.
Child Sex Tourism
NGOs cite a growing concern over R.O.K. men traveling to the P.R.C., the Philippines, Cambodia, Thailand, and elsewhere in Southeast Asia to engage in sex with children. Although the R.O.K. has a law with extraterritorial application that allows the prosecution of R.O.K. citizens who sexually exploit children while traveling abroad, there were no prosecutions under this statute during the reporting period. The Republic of Korea has not ratified the 2000 UN TIP Protocol.
KUWAIT (Tier 3)
Kuwait is a destination country for men and women who migrate willingly from Bangladesh, India, Pakistan, Sri Lanka, Nepal, Indonesia, and the Philippines to work, some of whom are subjected to conditions of involuntary servitude by employers in Kuwait. Victims suffer conditions including physical and sexual abuse, non-payment of wages, threats, confinement to the home, and withholding of passports to restrict their freedom of movement. In addition, some female domestic workers are forced into prostitution after running away from abusive employers or after being deceived with promises of jobs in different sectors. Kuwait reportedly is also a transit country for South and East Asian workers recruited by Kuwaiti labor recruitment agencies for low-skilled work in Iraq; some of these workers are deceived as to the true location and nature of this work, while others willingly transit to Iraq through Kuwait, but subsequently endure conditions of involuntary servitude in Iraq. Although children were previously trafficked from South Asia and East Africa as child camel jockeys, no indications of this trafficking appeared this year.
The Government of Kuwait does not fully comply with the minimum standards for the elimination of trafficking and is not making significant efforts to do so. The Kuwaiti government created a public awareness program to prevent trafficking of domestic workers for involuntary servitude and instituted a standardized contract detailing workers' rights. Nonetheless, Kuwait showed insufficient efforts to criminally prosecute and adequately punish abusive employers and those who traffic women for commercial sexual exploitation. The government has promised for several years to pass a new labor law that would strengthen criminal penalties for the exploitation of foreign workers, but there was no tangible progress on this legislation this year. In addition, the government failed for a third year in a row to live up to promises to provide a shelter or adequate protection services to victims of involuntary domestic servitude and other forms of trafficking. Kuwait should enact a comprehensive anti-trafficking law that criminalizes all forms of trafficking in persons, assigning penalties that will be stringent enough to act as a deterrent and to reflect the heinous nature of the crime. The government should also institute formal victim identification procedures to ensure that victims of trafficking are not punished, but rather are referred to protection services. Kuwait should intensify its efforts to raise public awareness of trafficking, and should improve enforcement of the terms of the standardized contract for foreign domestic workers.
Prosecution
The Government of Kuwait demonstrated minimal progress in punishing trafficking offenses during the reporting period. Kuwait does not prohibit all forms of trafficking in persons, though it prohibits transnational slavery through Article 185 of its criminal code, an offense punishable by five years' imprisonment and a fine. Article 201 of Kuwait's criminal code prohibits forced prostitution: penalties include imprisonment of up to five years or a fine for the forced prostitution of adults, and imprisonment of up to seven years and a fine for the forced prostitution of minors. The government does not keep statistics on trafficking in persons crimes. It confirmed initiating two prosecutions for the murder and extreme abuse of domestic workers. In addition, Kuwait reported imposing five jail sentences and 15 fines for illegal trading in residence permits, as well as 12 criminal fines for recruiting workers and then not providing them with work, both of which contribute to the vulnerability of foreign workers to trafficking. These measures, however, were insufficient in the light of credible reports from multiple sources of widespread exploitation of foreign domestic workers in Kuwait. In most cases, Kuwaiti law enforcement efforts focused on administrative measures such as shutting down companies in violation of labor laws or issuing orders to return withheld passports or to pay back-wages owed rather than criminal punishments of abusive employers.
The government also did not provide sufficient evidence of prosecuting and adequately punishing trafficking for commercial sexual exploitation despite numerous raids of brothels reported by the government. In addition, unscrupulous Kuwaiti labor agencies continued to recruit South and East Asian laborers, reportedly using deceptive and fraudulent offers and coercive techniques, to meet demand in Iraq for cheap third-country national labor. The government did not report any efforts to regulate this lucrative trade of workers through Kuwait. Kuwait should increase criminal investigations, prosecutions, and prison sentences for trafficking for domestic servitude and commercial sexual exploitation, and for deceptive recruiting practices that facilitate labor trafficking.
Protection
During the year, Kuwaiti efforts to improve its protection of victims of trafficking had little effect. The government lacks formal procedures for the systematic identification and protection of trafficking victims among vulnerable populations, such as foreign workers arrested without proper identity documents and women arrested for prostitution. As such, victims of trafficking are sometimes detained, prosecuted, or deported for acts committed as a result of being trafficked, such as running away from their sponsors in violation of immigration laws and prostitution. Trafficking victims who are deported are not offered legal alternatives to their removal to countries in which they may face retribution. Kuwait also continues to lack protective services for trafficking victims, including a shelter offering medical and psychological care. Furthermore, the government does not fund any NGOs providing these services to victims. The police do not encourage victims to assist in investigations of their traffickers; there are cases where police either do not take the complaints of potential victims seriously or treat them as criminals for leaving their sponsors. The government should open a shelter available to all trafficking victims, including victims of involuntary domestic servitude and forced prostitution. The government should institute a formal victim identification mechanism to systematically identify and refer victims to protection services. Kuwait should refrain from deporting victims, particularly before they are given the opportunity to file criminal charges against their traffickers and assist in investigations.
Prevention
Kuwait made modest progress in preventing trafficking in persons this year. In October, the government implemented a standardized contract for domestic workers outlining their rights, including work hours, wages, and their right to retain their passports. Kuwait says that foreign workers will not be issued a visa to enter Kuwait for domestic work until the Kuwaiti embassy in their country validates this standardized contract. Some Kuwaiti embassies have implemented this new policy effectively and some have not been able to do so. It remains unclear, however, how the terms of the contract will be enforced once workers are in Kuwait. The Ministry of Awqaf and Islamic Affairs launched a public awareness campaign to inform workers, sponsors, and recruitment agencies of their respective rights and obligations.
KYRGYZ REPUBLIC (Tier 2)
The Kyrgyz Republic is a source, transit, and destination country for men and women from Uzbekistan, Tajikistan, Turkmenistan, South Asian countries, and from within the Kyrgyz Republic, trafficked for the purposes of forced labor and commercial sexual exploitation. Men and women are trafficked to Kazakhstan for forced labor in the agricultural sector and as domestic servants, to Russia for forced work in construction, and to the People's Republic of China (P.R.C.) for bonded labor. Kyrgyz and foreign women are trafficked to the United Arab Emirates, P.R.C., Kazakhstan, South Korea, Turkey, Greece, Cyprus, Thailand, Germany, and Syria for sexual exploitation.
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. Concerns remained that corruption among law enforcement and judicial bodies protected traffickers from punishment. In September 2006, the president signed a witness protection law that is expected to increase victims' incentives to testify against their traffickers. The government should increase the amount of trafficking sensitivity training provided to police, prosecutors, and judges; improve methods for consulates and domestic law enforcement centers to verify citizenship of Kyrgyz nationals to ensure the fast repatriation of Kyrgyz victims trafficked abroad; and increase cooperation with key destination countries in order to provide adequate treatment of identified Kyrgyz victims. The government should also make efforts to improve its statistics and data collection system.
Prosecution
The Kyrgyz government demonstrated limited law enforcement efforts during the reporting period. A 2005 law on Prevention and Combating Trafficking in Persons criminalizes both sexual exploitation and forced labor; prescribed penalties range from three to 20 years' imprisonment, which are sufficiently stringent and commensurate with prescribed penalties for other grave crimes, such as rape. In 2006, the government conducted 39 investigations, up from 24 in 2005. The government provided no data on trafficking prosecutions and convictions or the sentences given to convicted traffickers in 2006.
Protection
The government again demonstrated limited progress in its victim assistance efforts during the reporting period. The government continued to provide space for three shelters run by anti-trafficking NGOs, although it provided no direct funding for services and medical assistance. Law enforcement continued to increase victim referrals to IOM and NGOs in 2006. While Kyrgyz consulates assisted 56 Kyrgyz victims trafficked abroad with identification and travel documents, limited resources and infrastructure often unnecessarily prolonged the repatriation process. Victims are encouraged to participate in trafficking investigations and prosecutions. The government amended its law in 2006 to ensure that victims who cooperate with law enforcement are not penalized. Law enforcement officials in several regions of the country received NGO training on the proper treatment of victims.
Prevention
Kyrgyzstan demonstrated limited progress in its trafficking prevention efforts. In April 2006, the government provided space in a government buildings for seven regional offices of the "189" hotline, an information source for Kyrgyz citizens to determine the legitimacy of job offers from abroad. State-controlled television and print media showcased trafficking issues throughout the reporting period. The government displayed NGO-produced posters in public spaces, including local bus and transportation centers.
LAOS (Tier 2)
Laos is primarily a source country for men, women, and children trafficked for the purposes of forced labor and commercial sexual exploitation. Some Lao migrate to neighboring countries in search of better economic opportunities but are subjected to conditions of forced or bonded labor or forced prostitution after arrival in these countries. Some of these trafficking victims are deceived by recruiters or employers about the terms and conditions of their employment in the destination country. Lao women and children become victims of trafficking in Thailand, in domestic servitude, forced labor in factories, and for commercial sexual exploitation, while men more often fall victim to forced labor in factories or in the fishing industry. There is some internal sex trafficking in Laos, primarily of women and girls from rural areas to large cities or border areas. To a lesser extent, Laos is a destination country for women trafficked from Vietnam and the People's Republic of China, for sexual exploitation. Laos serves as a transit country in a small number of cases with Chinese and Burmese women and girls transiting Laos to Thailand.
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 Government of Laos is placed on Tier 2 because of its improved efforts over the past year and its greater transparency in regard to its anti-trafficking law enforcement efforts. The government expanded training for law enforcement and immigration authorities as well as public awareness on trafficking and the 2004 Law on Women. Laos increased its efforts to arrest and prosecute traffickers and cooperated on joint law enforcement activities with some neighboring countries. The government should pass and enact comprehensive anti-trafficking legislation, eliminate the practice of fining returning trafficking victims, increase efforts to combat internal trafficking, and make greater efforts to prosecute and convict public officials who profit from or are involved in trafficking.
Prosecution
The Lao government demonstrated progress in its anti-trafficking law enforcement efforts and willingness to collaborate with other countries as well as NGOs and international organizations. Laos prohibits most forms of trafficking for sexual and labor exploitation through the 2004 Law on Women and other provisions of its criminal code, as well as the new Law on the Protection of Children that was passed in December 2006. Penalties for trafficking are sufficiently stringent, and those prescribed for commercial sexual exploitation are commensurate with those for rape. In 2006, the government reported 27 trafficking investigations that resulted in the arrests of 15 suspected traffickers, 12 of whom were prosecuted. The remaining three suspects were not prosecuted, but were "re-educated" and released. Among the 12 prosecutions, three traffickers were convicted and sentenced to an average of six years' imprisonment, five remain incarcerated pending court action, and four are in pretrial detention pending the results of investigations. Two convictions involved investigative cooperation between Lao and Thai police. The government was not as active in investigating some internal trafficking cases. There are reports that some local government and law enforcement officials profit from trafficking, but there were no reported investigations or prosecutions of officials for complicity in trafficking.
Protection
The Lao government demonstrated progress in improving protection for victims of trafficking during the year. The government does not actively seek the participation of victims in investigations and prosecutions of traffickers. Some returnees from Thailand, including trafficking victims, have in the past been incarcerated after returning to Laos and held for periods ranging from days to weeks in immigration detention facilities, although there is no evidence of this practice occurring during the reporting period. Some returnees have been subjected to re-education to warn them of the dangers of traveling to Thailand. The Ministry of Labor and Social Welfare (MLSW) maintains a small transit center and assisted 259 returning victims of trafficking in 2006 and 15 in the first months of 2007. The government collaborates with IOM on return and reintegration efforts and to protect and counsel victims processed through the transit center. The Lao government signed an MOU with IOM in February 2007 that will allow IOM to open an office in Laos to more closely monitor return and reintegration activities. The Lao Women's Union runs a shelter providing legal, medical, and counseling assistance; it assisted 17 victims during the year. Victims of trafficking returning to Laos may still be subject to fines or reeducation in Laos pending the complete dissemination and enforcement of the Law on Women, although there is evidence that this practice has diminished. In 2006, the government passed the Law on the Protection of Children, which includes an anti-trafficking component that should fill gaps within the legal structure.
Prevention
The Lao government increased efforts to prevent trafficking in persons through the use of print, radio, and television media. The Lao Women's Union made significant efforts to disseminate the 2004 Law on Women and provided training to officials in several provinces. The MLSW, with funding from an NGO and UNICEF, produced a drama program on trafficking in the Lao, Hmong, and Khmu languages and also set up billboards near border checkpoints and larger cities. The Lao Women's Union organized meetings and training sessions to disseminate the Law on Women and raise awareness among officials and the public regarding the dangers of human trafficking and the need to combat trafficking activities. The most significant government prevention effort was the development of a draft National Plan of Action to Combat Human Trafficking in late 2006.
LATVIA (Tier 2)
Latvia is a source and, to a lesser extent, a transit country for women trafficked for the purpose of commercial sexual exploitation to Spain, the United Kingdom, Germany, Denmark, Switzerland, Portugal, Cyprus, and Norway. Latvian women and teenage girls are trafficked internally for the purpose of commercial sexual exploitation. Men and women from Latvia are trafficked to Ireland and the United Kingdom for the purpose of forced labor.
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. In 2006, the government implemented the Social Services and Social Assistance Law that requires the state to provide social and rehabilitation services to registered trafficking victims. During the reporting period, the government expanded the authority of an organization to identify and certify trafficking victims for government funded assistance. Nevertheless, the government should do more to proactively identify and assist those victims trafficked abroad by allocating at least nominal funding for repatriation. Authorities should make greater efforts to ensure that the majority of convicted traffickers serve some time in prison.
Prosecution
Section 154 of Latvia's criminal code prohibits trafficking for both sexual exploitation and forced labor. Penalties prescribed for trafficking range from 3 to 15 years' imprisonment and are sufficiently stringent and commensurate with penalties for other grave crimes, such as rape. Latvia also uses non-trafficking specific laws to prosecute traffickers. In 2006, police conducted 22 investigations, compared to 24 in 2005. In 2006, 36 traffickers were prosecuted and convicted under another statute of the criminal code. Of the 36 convicted traffickers, prison sentences were imposed on only 10, with sentences ranging from 1 to 10 years' imprisonment. The remaining 26 convicted traffickers were given fines or placed on probation, punishments that are inadequate.
Protection
The government made modest efforts to improve its victim assistance and protection. Latvian Embassies in the United Kingdom and Spain identified and assisted three victims in 2006. At least 20 victims were identified in Latvia during the reporting period. All 20 received NGO- or IOM-provided assistance, and the six victims who cooperated with law enforcement qualified for government funded rehabilitation services. Although the government allocated $37,000 for victim assistance in 2006, it spent only $10,000 because it assisted only the six victims who cooperated with law enforcement. In early 2007, service providers were permitted for the first time to certify victims as eligible for government assistance; previously, only law enforcement officials were authorized to identify victims. In 2006, the government funded victim assistance and sensitivity training for 1,200 rehabilitation providers and social workers. The government encouraged victims to participate in law enforcement investigations; foreign victims may apply for temporary work and residency permits if they remain in Latvia to testify against their traffickers. In 2006, one trafficking victim was assisted by Latvia's witness protection program. The government did not penalize victims for unlawful acts committed as a direct result of their being trafficked.
Prevention
The Welfare Ministry provided anti-trafficking awareness training for 1,200 social workers in 2006. Local police were also very active in prevention; during the reporting period, police inspectors visited 94 percent of Latvia's schools and spoke with students on the dangers of trafficking. The government did not fund a nation-wide awareness campaign during the reporting period.
LEBANON (Tier 2)
Lebanon is a destination country for the trafficking of Asians and Africans for the purpose of domestic servitude and for Eastern European and Syrian women trafficked for the purpose of commercial sexual exploitation. Lebanese children are trafficked within the country for the purpose of commercial sexual exploitation and forced labor. Women from Sri Lanka, the Philippines and Ethiopia migrate to Lebanon legally, but often find themselves subjected to conditions of involuntary servitude as domestic servants. Many suffer physical and sexual abuse, non-payment of wages, threats, and withholding of passports. Eastern European and Syrian women come to Lebanon on "artiste" visas, but some become victims of forced prostitution.
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. In January 2006, the government established an inter-ministerial committee to address the rights of migrant workers. Nonetheless, Lebanon continues to lack a comprehensive anti-trafficking law, and its record of criminal prosecutions of abusive employers and sex traffickers remained inadequate.
Prosecution
Lebanon did not significantly improve its record of trafficking prosecutions over the last year. Lebanon does not prohibit all forms of trafficking in persons, though it criminalizes trafficking for the purpose of commercial sexual exploitation through Articles 523, 526, and 527 of its Penal Code. Lebanese law does not, however, prohibit trafficking for the purpose of labor exploitation. The penalties for sex trafficking are not commensurate with thos
