QATAR (Tier 3)
Qatar is a destination for men and women trafficked for the purposes of involuntary servitude and, to a lesser extent, commercial sexual exploitation. Men and women from India, Pakistan, Bangladesh, Nepal, the Philippines, Indonesia, Vietnam, Sri Lanka, Ethiopia, Sudan, Thailand, Egypt, Syria, Jordan, and People's Republic of China (P.R.C.) travel to Qatar as laborers and domestic servants, but some subsequently face conditions of involuntary servitude. The most common forced labor offense is forcing workers to accept worse contract terms than those under which they were recruited. Other forced labor conditions in Qatar include instances of: bonded labor; job switching; visa swapping; visa selling; withholding of pay; charging for benefits for which the employer is responsible; restrictions on freedom of movement, including the confiscation of passports and travel documents and the withholding of exit permits; arbitrary detention; threats of legal action and deportation; false charges; and physical, mental, and sexual abuse. Workers are generally forced to accept worse contract terms than those under which they were recruited, and often suffer miserable working and living conditions. Nepalese men are reportedly recruited for work in Qatar as domestic servants, but are then coerced or forced into labor in Saudi Arabia as farm workers. Qatar is also a destination for women from P.R.C., Indonesia, the Philippines, Morocco, Sri Lanka, Lebanon, India, Africa, and Eastern Europe trafficked for the purpose of commercial sexual exploitation, but it is unknown how many are trafficked.
The Government of Qatar does not fully comply with the minimum standards for the elimination of trafficking and is not making significant efforts to do so. Qatar continues to detain and deport victims rather than providing them with protection. The government also failed to meaningfully increase prosecutions for trafficking. Workers who complained about working conditions or non-payment of wages were sometimes penalized and prosecuted under false charges in retaliation. Qatar should develop a credible law enforcement effort against trafficking, and should take steps to ensure that victims are not punished for acts related to being trafficked.
Prosecution
The Government of Qatar made insufficient progress in prosecuting trafficking offenses during the reporting period. Qatar does not prohibit all acts of trafficking, but it criminalizes slavery, forced labor, and forced prostitution under sections 321, 322, and 297 of its Criminal Law, respectively. At the same time, provisions of the Sponsorship Law condone forced labor activities and slave-like conditions. The government banned the use of child camel jockeys in 2005. Qatar provided evidence of only two convictions in a trafficking case involving a domestic servant this year, despite reports that this practice is common; those convicted received five-year prison sentences. The government did not initiate prosecutions for any other trafficking crimes nor were any other persons convicted of trafficking offenses. A government committee trained police, prosecutors, judges, and legal educators on current anti-trafficking laws. Qatar should significantly improve its law enforcement response to trafficking crimes by increasing criminal prosecutions of trafficking offenses.
Protection
The Government of Qatar failed to adequately protect victims of trafficking during the reporting period. It does not systematically attempt to identify trafficking victims among vulnerable people, such as foreign workers awaiting deportation and women arrested for prostitution, and as a result, victims are often punished and deported without being offered protection. The Government of Qatar also commonly fines and detains trafficking victims for unlawful acts committed as a direct result of being trafficked, such as immigration violations and running away from their sponsors, without determining the underlying causes. Some victims remain in the deportation centers for years pending resolution of their cases, permission from their sponsors to leave the country, or in retaliation for seeking to recover unpaid wages or requesting a new sponsor. The government removed restrictions on victims' access to the government shelter and widely publicized the existence of the shelter and hotlines. In only a small percentage of cases, however, did the government encourage victims to assist in trafficking investigations or offer victims alternatives to deportation to countries in which they may face retribution. The shelter accommodated only 20 trafficking-related victims this year.
Prevention
Qatar's efforts to prevent trafficking in some areas improved over the reporting period. A committee conducted visits to camel racing tracks to ensure compliance with the government's ban on the use of child camel jockeys. Qatar also held a workshop for 42 recruitment agencies to raise awareness of trafficking. The National Office for Combating Trafficking in Persons led a government training seminar on legal, social and security dimensions of trafficking for police officers, Internal Security service officers, and others. Anti-trafficking training has been incorporated into the basic training curriculum for police officers. A media campaign highlighted sponsors' responsibilities, and resources available to victims. Qatar has not ratified the 2000 UN TIP Protocol.
ROMANIA (Tier 2)
Romania is a source and transit country for men and women from Moldova, Ukraine, and Russia trafficked to Italy, Spain, Germany, Switzerland, the Czech Republic, Cyprus, Greece, and Austria for the purposes of forced labor and commercial sexual exploitation. Romanian children are trafficked within the country for sexual exploitation and forced begging. Roma women and girls are highly vulnerable to trafficking.
The Government of Romania does not fully comply with the minimum standards for the elimination of trafficking; however, it is making significant efforts to do so. In November 2006, the government implemented a new trafficking-specific victim-witness coordination program and assisted 26 victims of trafficking. The government improved cooperation with anti-trafficking NGOs and allocated $250,000 in 2006 to NGOs for use in anti-trafficking efforts in 2007. In December 2006, the government launched a national database to assist victim identification and referral efforts. In the coming year, Romania should increase efforts to develop a national victim referral system and standards, and to train police to ensure that victims are identified and not inappropriately fined or otherwise penalized. The government should conduct a demand-reduction public awareness campaign, targeting clients of the sex trade.
Prosecution
Romania continued its law enforcement efforts during the reporting period. Romania prohibits trafficking for the purposes of both sexual and labor exploitation through Law no. 678/2001, which prescribes penalties of 3 to 13 years' imprisonment. These penalties are sufficiently stringent and commensurate with penalties prescribed for other grave crimes, such as rape. In 2006, police conducted 61 investigations, down from 231 in 2005. During the reporting period, 780 persons were prosecuted, resulting in the conviction of 187 traffickers, down from 235 convictions in 2005. Romania demonstrated improved progress in the sentencing of traffickers during the reporting period. In 2006, 164 convicted traffickers served time in prison ranging from 6 months to 15 years, while 23 traffickers served no time in prison. This is a significant improvement from 2005 when more than 40 percent of convicted traffickers served no prison time.
Protection
Romania continued its efforts to improve victim protection. The government established 15 regional victim assistance centers in 2006, which identified 79 victims from September through December 2006; these centers are responsible for implementing the victim-witness coordination project and for identifying and referring victims to NGOs and government shelters. Although the government operated at least nine trafficking shelters at the state level, the quality and consistency varied from region to region; some shelters were temporarily closed during the reporting period due to a lack of funding and maintenance. The government identified a total of 2,285 victims throughout the year; 476 victims received assistance from either government agencies or NGOs, a significant increase from 175 victims assisted in 2005. According to law, NGOs that provide services to trafficking victims have government funding priority. Although some law enforcement agencies have victim identification procedures, there are no national victim identification or referral procedures to systematically transfer victims to NGOs or state-run shelters. Some law enforcement officers may refer victims based on personal relationships with local NGOs. In practice, victims were frequently not identified by authorities when detained for unlawful acts they committed as part of their being trafficked; they were penalized for these acts as a result. Victims were encouraged to assist in trafficking investigations, although a lack of faith in law enforcement and fear of retribution from traffickers sometimes limited victim cooperation. In 2006, the government made victim testimony easier by changing the law to permit trafficking victims to use video testimony.
Prevention
The Government of Romania demonstrated increased efforts to prevent human trafficking during the reporting period. The government funded several NGOs to produce anti-trafficking campaigns at both national and local levels. From July through December 2006, the government conducted a labor migration campaign that warned of the dangers of trafficking. The government also conducted a campaign targeting the Roma, a highly vulnerable population to trafficking; the government translated the campaign materials into Romany. The government worked with an NGO to promote trafficking awareness leading up to and during the World Cup Soccer Championship in Germany in June 2006.
RUSSIA (Tier 2 Watch List)
Russia is a source, transit, and destination country for men, women, and children trafficked for various purposes. Russia is a source country for men and women trafficked to Germany, Turkey, Portugal, the People's Republic of China, Japan, and South Korea for purposes of sexual exploitation and forced labor, including agricultural and maritime work. Russian women continue to be trafficked to Western Europe, the United States, Canada, Vietnam, Thailand, Australia, New Zealand, and the Middle East for sexual exploitation. Moscow and St. Petersburg are destination centers for children trafficked internally within Russia and from Ukraine and Moldova for purposes of sexual exploitation and forced begging. Child sex tourism in Western Russia remains a problem. Moscow continues to be a significant destination for men and women trafficked within Russia and from Kyrgyzstan, Tajikistan, Uzbekistan, Ukraine, Moldova, and Belarus for purposes of sexual exploitation and forced labor, including work in the construction industry. Moscow is also a transit point for women trafficked from Uzbekistan and Armenia to the United Arab Emirates for purposes of sexual exploitation.
The Government of Russia does not fully comply with the minimum standards for the elimination of trafficking; however, it is making significant efforts to do so. Russia is placed on Tier 2 Watch List for a fourth consecutive year for its continued failure to show evidence of increasing its overall efforts to combat trafficking, particularly in providing trafficking victims with protection. Specific trafficking victim assistance legislation, pending before the Duma, was neither passed nor enacted in 2006. Russia continued modest progress in its law enforcement efforts, particularly in its trafficking investigation efforts. In early 2007, the Ministry of Interior created the federal-level Counter Human Trafficking Unit to further strengthen anti-trafficking law enforcement coordination. In July 2006, the Duma passed asset forfeiture legislation that permits prosecutors to seek the forfeiture of the assets of convicted persons, including traffickers. In January, the Public Chamber of the national government provided grants to three anti-trafficking NGOs. Two local governments signed agreements with NGOs that establish a mechanism for victim referral. Although these are positive developments, Russia has yet to provide comprehensive human trafficking victim protections, covering the entire process from victim identification through reintegration and support. Overall, victim protection and assistance remains the weakest component of Russia's anti-trafficking efforts.
The national government should do more to develop a comprehensive national strategy that acknowledges the gravity of the problem and should allocate adequate resources to address remaining deficiencies in victim assistance and protection. The national government should establish a national action plan which designates ministerial responsibilities, designate specific funding from the national budget to carry out designated responsibilities, establish an official coordinating body with the authority to implement a national strategy, and evaluate ministerial efforts to combat trafficking. Special emphasis should be placed on improving national efforts to coordinate and enact victim assistance, protection, and rehabilitation. Russia should create a central repository for conviction and sentencing data for trafficking cases.
Prosecution
The Government of Russia demonstrated mixed progress in its law enforcement efforts over the last year. Article 127 of the criminal code prohibits both trafficking for commercial sexual exploitation and forced labor. Other criminal statutes may be used to prosecute and convict traffickers. Article 127 provides punishments of up to five years' imprisonment for trafficking crimes; aggravating circumstances may extend penalties up to 10 years' imprisonment. These penalties are sufficiently stringent and are commensurate with punishments for other grave crimes, such as rape. In 2006, police conducted 125 trafficking investigations; 106 of these investigations were sexual exploitation cases and 19 were forced labor cases. This total is a significant increase from 80 investigations in 2005. It is difficult to ascertain the exact number of prosecutions and convictions in 2006 because the Government of Russia does not collect and maintain such statistics. Authorities conducted at least 26 prosecutions during the reporting period, compared to 53 prosecutions in 2005. At least 13 traffickers were convicted in 2006, compared to nine in 2005. At least 14 traffickers received prison sentences (some traffickers sentenced in 2006 were convicted during the previous reporting period and are reflected in the conviction statistics reported for 2005). Russia participated with other governments in several international investigations, resulting in the prosecution and conviction of traffickers both in Russia and abroad. Trafficking-related corruption remained a problem; however, Russia demonstrated its growing commitment to address this corruption by investigating and prosecuting a number of government officials involved in trafficking.
The unlawful forced labor of young conscripts within Russia's military remained a serious problem; at least 27 military officials, including army generals, were investigated or prosecuted for unlawful labor exploitation of soldiers under their command. One officer was convicted and sentenced to five years in prison for forcing his soldiers to work for a third-party businessman. The Russian military is reported to be investigating claims that male army conscripts were forced into prostitution in St. Petersburg.
Protection
Russia demonstrated limited progress in its efforts to protect and assist victims. The federal government, through the Public Chamber, provided grants to three anti-trafficking NGOs in early 2007, including a grant of approximately $17,000 to one NGO that provides rehabilitation assistance to victims. Russia's Foreign Ministry reported assisting the return to Russia of some victims of trafficking from other countries. Although some local governments provided in-kind and financial support to some anti-trafficking NGOs, it appears the majority of aid to NGOs providing victim assistance was provided by international donors. Russia relies on regional and municipal-run domestic violence and homeless shelters as well as crisis centers and anti-trafficking NGOs to provide trafficking victims with shelter, and legal, medical, and psychological assistance. In the absence of available shelters some trafficking victims did not receive assistance. The comprehensive anti-trafficking legislation, in development since 2003, would strengthen assistance to trafficking victims, better define the rights of trafficking victims, create a centralized authority to coordinate national anti-trafficking efforts, and allocate specified funding for anti-trafficking programs.
Police in various communities have increasingly encouraged victims to participate in trafficking investigations and prosecutions, partially attributed to specialized anti-trafficking training for police and prosecutors. The government permits victims to reside in Russia pending the investigation and prosecution of their trafficker.
Prevention
Russia demonstrated progress in public awareness and prevention efforts during the reporting period. In January 2007, Russia enacted a new migration law that simplified the registration process for migrant workers in Russia and requires workers to register directly with the state; the previous law required employers to confiscate passports and other travel documents in order to register workers with the state, thereby making migrant workers more vulnerable to trafficking. In August, the Primorskiy Kray government sponsored a journalism competition, awarding a cash prize for the best new article on trafficking. Primorskiy Kray authorities also paid for the production of posters warning of the dangers of human trafficking and printed 30,000 pamphlets providing advice and information for Russians choosing to work abroad; these pamphlets were handed out at employment agencies and at ports-of-entry.
RWANDA (Tier 2)
Rwanda is a source country for children trafficked within the country for the purposes of domestic servitude and commercial sexual exploitation. Small numbers of impoverished Rwandan girls, typically heads of households between the ages of 14 and 18, engage in prostitution as a means of survival; some are exploited by loosely organized networks of older girls and women. In 2006 and early 2007, troops loyal to a renegade Congolese general reportedly recruited an unknown number of children for forced labor and soldiering from refugee camps in Rwanda.
The Government of Rwanda does not fully comply with the minimum standards for the elimination of trafficking; however, it is making significant efforts to do so. Bureaucratic inefficiencies and severe resource constraints contributed to the government's lack of comprehensive data on victims and law enforcement action. To enhance its anti-trafficking efforts, the government should consider enacting and enforcing its draft anti-trafficking law, as well as taking additional steps to remove children from prostitution and domestic servitude and to provide for their care.
Prosecution
The government's anti-trafficking law enforcement efforts were modest during the reporting period. Rwandan law does not prohibit all forms of trafficking in persons, though existing statutes prohibit slavery, kidnapping, forced prostitution, and child prostitution, under which traffickers could be prosecuted. In March 2007, a draft law on suppressing, prosecuting, and punishing trafficking in persons was introduced in the Parliament's Chamber of Deputies. The status of a draft law intended to protect street children by criminalizing the actions of hotels and cinema halls that provide venues for child prostitution is unknown. The government did not investigate or prosecute any trafficking cases during the year. Police did, however, take measures to curb prostitution by detaining women and children in prostitution, issuing orders to contain them at home, and placing them on probation to monitor closely their activities. At numerous security checkpoints throughout the country, the National Police inspected vehicles' cargo and documentation, questioning men traveling with children but without an adult female. Trained police officers investigated suspected irregularities, including any possible indications of trafficking; such inspections yielded no reported cases of trafficking.
Protection
With the exception of its care for former child combatants, limited information is available on the government's efforts to provide protective services to trafficking victims. The Rwandan Demobilization and Reintegration Commission (RDRC) continued to broadcast a weekly radio program in both Rwanda and eastern Democratic Republic of the Congo (D.R.C.), reiterating the government's policy of accepting all returnees who disarm and renounce violence, and granting immunity from prosecution for war crimes to anyone who was under 14 years of age during the 1994 genocide. As a result, some Rwandan child combatants voluntarily fled the Democratic Forces for the Liberation of Rwanda, an armed rebel group operating in eastern D.R.C. and returned to Rwanda. The RDRC continued operation of a center for child ex-combatants, which provided three months of care and education to returning children; 42 children arrived at the center during the reporting period. The RDRC worked with local authorities and an NGO to locate the children's families, and social workers sensitized the families before their child's return; in 2006, 32 children were reunited with their families.
The Ministry of Education operated "catch-up" education centers that provided education for over 900 children who had missed all or part of their primary education due to working. The government did not encourage victims of trafficking to participate in investigations and prosecutions of trafficking, nor did it ensure that child victims of commercial sexual exploitation were not penalized for unlawful acts committed as a direct result of their being trafficked.
Prevention
While the national government's efforts to prevent children from being trafficked were modest in 2006, sector governments implemented localized programs to prevent women and children from being exploited in prostitution. For example, officials from Kanombe Sector, located near Kigali's airport, reached out to those in commercial sexual exploitation by establishing and operating information centers, initiating income generation programs, and helping them to form small community organizations that can interact with the sector government; other sectors are attempting similar approaches. The Ministry of Labor, with input from UNICEF and the Ministries of Gender and Education, drafted a National Plan of Action on Child Labor in 2005 that is still awaiting approval by the Cabinet; the plan identifies children in prostitution and child domestic workers as two forms of child labor to be addressed. The National Unity and Reconciliation Commission began conducting a survey on the impact of genocide on gender-based violence, including prostitution. In partnership with UNICEF, the Ministry of Gender and Family Support - the government's agency for assisting children in distress - launched a radio-based public information campaign on caring for vulnerable children.
SAUDI ARABIA (Tier 3)
Saudi Arabia is a destination country for men and women trafficked for the purposes of involuntary servitude and, to a lesser extent, commercial sexual exploitation. Men and women from Bangladesh, India, Sri Lanka, Nepal, Pakistan, the Philippines, Indonesia, Vietnam, Kenya, and Ethiopia voluntarily travel to Saudi Arabia as domestic servants or other low-skilled laborers, but subsequently face conditions of involuntary servitude, including withholding of passports and other restrictions on movement, non-payment of wages, threats, and physical or sexual abuse. Women from Yemen, Morocco, Pakistan, Nigeria, Ethiopia, and Tajikistan were also trafficked into Saudi Arabia for commercial sexual exploitation; others were reportedly kidnapped and forced into prostitution after running away from abusive employers. In addition, Saudi Arabia is a destination country for Nigerian, Yemeni, Pakistani, Afghan, Chadian, and Sudanese children trafficked for involuntary servitude as forced beggars and as street vendors.
The Government of Saudi Arabia does not fully comply with the minimum standards for the elimination of trafficking and is not making significant efforts to do so. Saudi Arabia is placed on Tier 3 for a third consecutive year. The government failed to enact a comprehensive criminal anti-trafficking law, and, despite evidence of widespread trafficking abuses, did not significantly increase the number of prosecutions of these crimes committed against foreign domestic workers. The government similarly did not take law enforcement action against trafficking for commercial sexual exploitation in Saudi Arabia, or take any steps to provide victims of sex trafficking with protection. Saudi Arabia also continues to lack a victim identification procedure to identify and refer victims to protective services.
Saudi Arabia should enact a comprehensive anti-trafficking law that criminalizes all forms of trafficking in persons and assigns penalties that are sufficiently stringent to deter the crime and adequately reflect the heinous nature of the crime. The government should also significantly increase criminal prosecutions of abusive employers, enforce existing criminal laws that punish employers who abuse foreign workers, and impose appropriate sentences for such crimes. In addition, the government should take steps to ensure that trafficking victims are not detained or punished, and should institute a formal victim identification mechanism to distinguish trafficking victims from among the thousands of workers it deports each year for immigration violations and other crimes. Saudi Arabia should similarly extend protection to victims of sex trafficking, and ensure that their traffickers are criminally prosecuted.
Prosecution
Saudi Arabia demonstrated insufficient efforts to punish trafficking crimes over the last year. The government does not prohibit all forms of trafficking in persons, but penalizes forced labor through Articles 229-242 of its Labor Law. Penalties for forced labor, however, are limited to fines or bans on future hiring, and as such, are not sufficiently stringent to deter the crime. Saudi Arabia does not have a law specifically prohibiting trafficking for commercial sexual exploitation. This year, the government reported no criminal investigations, prosecutions, convictions or sentences for trafficking offenses, despite reports of widespread abuse of foreign workers and anecdotal evidence of trafficking for commercial sexual exploitation. Saudi law states that employers may not retain the passports of their employees, but the government does not actively enforce this law. Source country embassies also report that the government does not seriously enforce fines or bans on hiring workers imposed upon abusive employers or recruitment agencies. Furthermore, police are often criticized for being unresponsive to requests for help from foreign workers. In December, the Government of Saudi Arabia funded an assessment by anti-trafficking experts for forthcoming law enforcement training session in the Kingdom. The government should take significant steps to criminally punish trafficking for involuntary servitude and commercial sexual exploitation. In particular, the government should ensure that traffickers receive adequate prison sentences for serious abuses rather than administrative penalties such as fines, bans on future recruitment, or orders to pay back-wages.
Protection
Saudi Arabia did not take adequate measures to protect victims of trafficking over the last year. However, the government does provide trafficking victims with shelter, access to legal, medical, and psychological services, and temporary residency, in some cases. Although the government operates three shelters for abused domestic workers and trafficked children, some victims report being further mistreated in these "remand homes." For instance, in November 2006, 25 Nepalese victims who ran away from their employers claiming physical and sexual abuse were confined to a room, given insufficient food and medical treatment, and were not allowed to contact their families. Some victims also claim difficulty receiving consular access, accessing national and international NGO assistance, or receiving legal or social counseling in their own language.
In addition, Saudi Arabia does not systematically attempt to identify trafficking victims among vulnerable people, such as foreign women detained for running away from their employers or women arrested for prostitution; as a result, victims of trafficking are often punished and deported without being offered protection. Saudi Arabia offers some victims limited legal alternatives to removal to countries in which they may face hardship or retribution. Additionally, the process for victims to make complaints is difficult for many poorly educated and vulnerable workers to use. Saudi officials also do not encourage victims to assist in investigations against their traffickers; often, victims are persuaded by the police to take monetary compensation in lieu of filing criminal charges against their employer, even in cases of extreme abuse. In some cases, victims are reportedly returned to their employers by police officers after making a complaint.
Saudi Arabia continued to work with UNICEF and the Government of Yemen to repatriate Yemeni children trafficked into the Kingdom. Once found, the child victim is brought to a shelter, given counseling and medical care, and repatriated. The government reports that it contributed funding to shelters in Yemen for children trafficked to Saudi Arabia for forced begging. Though the government does not provide medical assistance to victims detained in deportation centers, foreign workers are allowed access to public hospitals.
The Government of Saudi Arabia should institute a formal victim identification mechanism to identify and refer victims to protection services. The government should also ensure that victims are not mistreated in government shelters, and are not punished for unlawful acts committed as a direct result of being trafficked, such as absconding from their sponsors or prostitution. Furthermore, the government should provide protection services to victims of sex trafficking.
Prevention
This year, Saudi Arabia made minimal efforts to prevent trafficking in persons. Though the government published brochures explaining workers' rights and available resources, neither the Saudi government nor source-country embassies distributed these efficiently to incoming workers. The government provides trafficking awareness and technical training for officials with trafficking prevention responsibilities. Saudi Arabia took steps to prevent trafficking by imposing fines and blacklisting some agents found to be misusing visas for the Hajj and Umrah to traffic women and children into the country. Saudi Arabia has not ratified the 2000 UN TIP Protocol.
SENEGAL (Tier 2)
Senegal is a source, transit, and destination country for children and women trafficked for the purposes of forced labor and commercial sexual exploitation. Trafficking within the country is more prevalent than trans-border trafficking. Boys who are students (talibe) at Koranic schools are trafficked within the country for forced begging by their religious teachers (marabouts), and women and girls are trafficked for domestic servitude. Girls, and possibly adult women, are also trafficked internally for sexual exploitation. Transnationally, boys are trafficked to Senegal from The Gambia, Mali, Guinea-Bissau, and Guinea for forced begging by religious teachers. Senegalese women and girls are trafficked to neighboring countries, the Middle East, and Europe for domestic servitude and possibly for sexual exploitation. Reports over the last year of large numbers of Senegalese and neighboring country nationals being transported from Senegal to Spain appear to be cases of smuggling and illegal migration rather than trafficking.
The Government of Senegal does not fully comply with the minimum standards for the elimination of trafficking; however, it is making significant efforts to do so, despite limited resources. The Senegalese government made modest progress in its anti-trafficking law enforcement efforts over the past year. To improve its response to trafficking, Senegal should: increase efforts to apply its 2005 law against trafficking; activate its special commissariat against sex tourism to rescue victims; arrest sex tourists; strengthen overall protection efforts, ensuring, in particular, that victims are not incarcerated; and increase awareness-raising initiatives.
Prosecution
The Government of Senegal continued to make progress in its anti-trafficking law enforcement efforts during the last year. Senegal prohibits all forms of trafficking through its 2005 Law to Combat Trafficking in Persons and Related Practices and to Protect Victims. The prescribed penalty of 5 to 10 years' imprisonment for all forms of trafficking is sufficiently stringent and commensurate with penalties prescribed for rape. During the reporting period two religious teachers were convicted under the anti-trafficking law for trafficking children. The sentence of two years' imprisonment imposed on each convicted trafficker, however, was insufficient. Police arrested a Nigerian trafficker in December 2006 and an Ivorian trafficker in January 2007, both of whom are detained awaiting trial. The government continued to work with Guinean authorities to prosecute two Senegalese child traffickers arrested in Guinea in early 2006. During the last year, Senegalese officials worked with Spanish authorities to break up two trafficking rings, one of which was transporting Cape Verdeans through Senegal and The Gambia to Spain. Although at least four sex tourists were prosecuted for pedophilia during the year, the special commissariat set up by the Interior Ministry in 2005 to fight sex tourism has taken no definitive actions.
Protection
The Senegalese government demonstrated sustained efforts to provide care for trafficking victims during the year. The government's Ginddi Center for at-risk-children, including trafficking victims, received 373 children during the year, but failed to provide specific data on the number of trafficking victims aided. The Center's child protection hotline received 21,533 calls during the year, and the government provided training to Center personnel to help them address the needs of trafficking victims and street children. In October 2006, a Presidential Council on Street Children recommended the creation of a partnership between the government, NGOs, religious leaders, and donors to provide care for street children, many of whom may be escaped trafficking victims or vulnerable to being trafficked. The government does not encourage all victims to assist in trafficking investigations or prosecutions, though officials encourage boys trafficked by religious teachers to help identify and prosecute their teachers. The government does not provide trafficking-specific legal alternatives to the removal of victims to countries where they face hardship or retribution. Victims may file refugee asylum claims for temporary or permanent residency. Although the anti-trafficking law prohibits victims from being penalized for acts related to being trafficked, child victims of trafficking are arrested and prosecuted.
Prevention
The Government of Senegal made modest efforts to raise awareness about trafficking during the reporting period. The President and the World Bank co-hosted a Presidential Council on street children in October 2006, with the President proposing that every Senegalese family take responsibility for one street child. The President and the Minister of Family also discussed trafficking with religious officials. In December 2006, the Family Ministry organized donor-funded workshops and roundtables in Mbour, Kolda, and Fatick to raise awareness among government officials and the general population about the dangers of child labor.
SERBIA (Tier 2)
Serbia is a source, transit, and destination country for women and girls trafficked transnationally and internally for the purpose of commercial sexual exploitation. Foreign victims originated primarily from Macedonia, Ukraine, Moldova, Bosnia and Herzegovina, Bulgaria, and Albania and some transited Serbia en route to Western Europe. Internal sex trafficking of Serbian women and girls increased over the past year with traffickers increasingly utilizing Internet chat rooms and SMS (short messaging service) to recruit young people. In some cases children were trafficked into forced labor or forced street begging.
The Government of Serbia does not fully comply with the minimum standards for the elimination of trafficking; however, it is making significant efforts to do so. The government passed a comprehensive national strategy, augmented prevention efforts, and continued training efforts at the national and local levels. The government should aggressively prosecute cases and ensure that traffickers receive jail sentences consistent with the heinous nature of the offense.
Prosecution
The Government of Serbia demonstrated continued efforts to actively investigate trafficking cases in the last year, though punishment for trafficking crimes remained weak. The criminal code for Serbia, which went into effect in January 2006, criminally prohibits sex and labor trafficking in article 388. Penalties for commercial sexual exploitation are commensurate with those for rape. The law prescribes penalties for trafficking that are sufficiently stringent; however, traffickers may receive imposed sentences that are light or suspended. Even after the Supreme Court confirms a verdict, inefficient administrative procedures cause delay, and it is not uncommon for convicted traffickers to remain free and able to continue trafficking for years. Of the three high-profile prosecutions from previous years, one trafficker originally sentenced in March 2004 still has not begun serving his sentence. In 2006, the government filed 37 criminal cases against 84 people for trafficking in persons, up from 34 individuals indicted last year. Eleven people were convicted for trafficking in persons; sentences ranged from three to eight years' imprisonment. The organized crime police force includes a full-time trafficking unit and the border police force has a full-time office to combat trafficking and smuggling. There were no reports of trafficking-related corruption; however, authorities did not respond to requests for information on alleged local police complicity in previous years in a prostitution ring in Novi Pazar.
Protection
The government demonstrated increased efforts to provide protection to victims and improved coordination with NGOs and international organizations over the past year. The government encouraged victims to assist in the prosecution of traffickers. Serbia allows victims to file civil suits against traffickers for compensation. Victims pursuing criminal or civil suits are entitled to temporary residence permits and may obtain employment or leave the country pending trial proceedings; however there are no other legal alternatives to removal to countries where they face hardship or retribution. Victims are not detained, jailed, prosecuted, or deported for violations of other laws. However, in one case in 2006, law enforcement returned a child victim to the family that originally trafficked her to a pedophile. The government relied on NGOs to provide services to victims of trafficking, including counseling, legal assistance, and reintegration programs. In 2006, 33 trafficking victims were accommodated in the two shelters, 16 victims received assistance in transition housing, and reintegration services were provided to 44 women.
Prevention
The Government of Serbia demonstrated increased public awareness and prevention activities in 2006. The government aired four anti-trafficking public service announcements on national television throughout the soccer championship finals last year. The government earmarked approximately $100,000 for a 13-episode television series entitled "Modern Slavery," devoted to generating awareness on trafficking. The government's anti-trafficking team, under the leadership of the National Coordinator promoted interagency collaborations with four working groups.
KOSOVO
Kosovo, while technically a part of Serbia, continued to be administered under the authority of the United Nations Interim Administrative Mission in Kosovo (UNMIK), in accordance with UN Security Council Resolution 1244 (1999). Since June 1999, UNMIK has provided transitional administration for Kosovo, and retains ultimate authority over anti-trafficking roles such as police and justice, but is slowly transferring capacity to local institutions. UNMIK is aware of the trafficking problem in Kosovo and continued to conduct anti-trafficking efforts with the OSCE, the Provisional Institutions of Self-Government (PISG), and local and international NGOs. Responsibility for social support to victims of trafficking is shared by UNMIK, PISG, and international organizations.
Kosovo is a source, transit, and destination location for women and children trafficked transnationally and internally for the purpose of commercial sexual exploitation. Foreign victims originated primarily from Moldova, Romania, Ukraine, Bulgaria, Albania, Russia, Montenegro, Slovakia, and Nigeria. Some victims transit Kosovo en route to Macedonia, Italy, and Albania. There was a significant increase in the number of Kosovars trafficked internally over the past year, and victims also came from other areas of Serbia. Traffickers shifted the commercial sex trade into private homes and escort services to avoid detection, a result of UNMIK's Trafficking in Human Beings Unit (THBS), and Kosovo Police increased checks on bars and restaurants.
Prosecution
In 2006 the PISG took on greater responsibility for anti-trafficking, with the police anti-trafficking unit transitioning from UNMIK Civilian Police to the Kosovo Police Service (KPS). Kosovo criminally prohibits sex and labor trafficking in the Provisional Criminal Code of Kosovo, which came into effect in 2004. Penalties for commercial sexual exploitation are commensurate with those for rape. The law prescribes penalties sufficiently stringent; however, traffickers may receive imposed sentences that are light. The KPS reported that 99 anti-trafficking operations were undertaken in 2006, 24 of which were undercover operations. The KPS arrested 28 people on trafficking charges, a slight decrease from 33 arrested last year, and identified 50 victims. Since the KPS gained full competency for counter-trafficking activities from UNMIK Police, the number of bar inspections increased dramatically and there was an increase in the number of bars closed. Over the past year, the KPS closed 14 premises suspected of being used to exploit victims of trafficking. The judiciary worked on 42 trafficking cases, 27 of which were resolved from previous years. During 2006, 14 cases were completed, resulting in 18 convictions. Fifteen convicts received prison terms ranging from four months to nine years and three convicts received suspended sentences. Although there were reports of official involvement in trafficking, there were no reported prosecutions or convictions of public officials complicit in trafficking.
Protection
There continues to be close cooperation on assisting victims of trafficking among PISG officials, NGOs, and international organizations in Kosovo. UNMIK regulations protect victims from being charged with prostitution or illegal activities committed as a result of being trafficked, although IOM reported that some victims were jailed or deported depending on which part of the penal code was used. Kosovo encourages victims to testify in trafficking investigations, but does not pressure them. Victims may file civil suits or seek legal action against their traffickers. Victims of trafficking do have a legal alternative to removal to countries where they face hardship or retribution through provision of refugee status and approval of residency permits, if appropriate. Victim advocates assist all trafficking victims with legal advice and support. All victims are provided shelter and access to legal, medical and psychological services. The PISG provides 24-hour protection to victims and allows anonymous testimony in cases where the victim's safety is at risk. In 2006, the Victims' Advocacy and Assistance Unit moved from the UNMIK Department of Justice to the new Ministry of Justice. The Ministry of Justice's Victims' Advocacy assisted 35 victims of trafficking in 2006 and IOM assisted 538 trafficking victims, of whom 51% were Moldovans. Funding for shelters remained inadequate. The Ministry of Labor and Social Welfare provided some funding for a shelter for internal trafficking victims. The largest shelter for foreign trafficking victims received no government funding and relied on foreign donors; it closed due to insufficient funds.
Prevention
Most anti-trafficking campaigns are run by international organizations and NGOs with the PISG's support. IOM and the Ministry of Justice sponsor anti-trafficking hotlines. The Ministry of Education, Science and Technology circulated informational brochures in primary and secondary schools and introduced counter-trafficking information in school curricula. Kosovo named a national anti-trafficking coordinator and adopted a Kosovo Action Plan.
SIERRA LEONE (Tier 2)
Sierra Leone is a source and transit country, and may be a destination country, for children and women trafficked for the purposes of forced labor and commercial sexual exploitation. Within the country, women and children are trafficked from rural provinces to towns and mining areas for domestic servitude, sexual exploitation as well as forced labor in diamond mines, petty trading, petty crime and begging. Women and children may also be trafficked for forced labor in agriculture and the fishing industry. Transnationally, Sierra Leonean women and children are trafficked to other West African countries, notably Guinea, Cote d'Ivoire, Liberia, Nigeria, Guinea-Bissau, and The Gambia, for the same purposes listed above and to North Africa, the Middle East, and Western Europe for domestic servitude and sexual exploitation. Women and children may also be trafficked from Liberia and Guinea for forced labor in mines and sexual exploitation.
The Government of Sierra Leone does not fully comply with the minimum standards for the elimination of trafficking; however, it is making significant efforts to do so, despite limited resources. To strengthen its response to trafficking, Sierra Leone should: continue to increase law enforcement efforts against traffickers; improve its data collection on the number of traffickers and victims identified; train government officials about trafficking, including officials at Sierra Leonean embassies and consulates in destination countries; and implement its 2007 national action plan to combat trafficking.
Prosecution
The Government of Sierra Leone demonstrated increased law enforcement efforts over the reporting period. Sierra Leone prohibits all forms of trafficking through its 2005 Anti-Trafficking in Persons Act, which prescribes a maximum punishment of 10 years' imprisonment. This punishment is sufficiently stringent and commensurate with penalties for rape. Between January 2006 and February 2007, the government reported 12 trafficking investigations and seven prosecutions. During the reporting period, Sierra Leone convicted its first trafficker under its 2005 law, imposing penalty of five years' imprisonment. The government has provided venues for NGO-sponsored law enforcement training on the 2005 law against trafficking. However, there is limited coordination between police and ministries responsible for combating trafficking. In 2006, the Sierra Leone Police Family Support Unit (FSU), which is responsible for combating trafficking, added fields for all forms of trafficking to its crime database, although data collected to date are not uniformly reliable.
Protection
The Government of Sierra Leone took limited steps to protect victims over the past year. Although the government does not operate shelters for trafficking victims, police identified and referred an unknown number of victims to the Ministry of Social Welfare (MOSW) for further referral to NGOs for care. The MOSW, in coordination with NGOs, has conducted training for social workers to provide trafficking victim assistance in FSU offices nationwide. The government has collaborated with UNICEF and NGOs to create a protection network for street children, many of whom are vulnerable to being trafficked or may be escaped trafficking victims. Sierra Leone does not train employees in its embassies and consulates in destination countries to provide care to victims or establish relationships with anti-trafficking NGOs in those countries. The government does not encourage victims, many of whom are children, to participate in trafficking investigations or prosecutions, focusing instead on returning child victims to home communities. The government does not provide legal alternatives to the removal of foreign victims to countries where they face hardship or retribution, although all trafficking victims rescued to date have been Sierra Leonean nationals. The government does not penalize victims for crimes committed as a direct result of being trafficked.
Prevention
The Government of Sierra Leone made increased efforts to prevent trafficking. Chaired by the Ministry of Justice and the MOSW, the National Anti-Trafficking Task Force, established in 2004, met regularly during the year. In November 2006, this body completed a one-year 2007 National Action Plan to Combat Trafficking, which was formally approved by the Inter-Ministerial Committee to Combat Trafficking. This plan mandates the creation of a government-financed anti-trafficking secretariat. In September 2006, the government contributed personnel, a venue and utilities for the launch of the project "Raising Awareness of Trafficking in Persons to Reduce its Prevalence." Sierra Leone has not ratified the 2000 UN TIP Protocol.
SINGAPORE (Tier 2)
Singapore is a destination country for women and girls trafficked for the purpose of commercial sexual exploitation. A small number of foreign domestic workers in Singapore face seriously abusive labor conditions that amount to involuntary servitude. Some women from Thailand, the Philippines, the People's Republic of China (P.R.C.), and Indonesia who travel to Singapore voluntarily for prostitution or other work are deceived or coerced into sexual servitude. Some Singaporean men travel to countries in the region for child sex tourism.
The Government of Singapore does not fully comply with the minimum standards for the elimination of trafficking; however, it is making significant efforts to do so. Singapore demonstrated a clear commitment to combating trafficking, particularly in the area of law enforcement and in instituting new measures to address abuses of foreign domestic workers. With the exceptions noted below, its laws address all forms of trafficking. The Parliament should approve proposed amendments to the Penal Code that would criminalize prostitution involving a minor under the age of 18, extend extra-territorial jurisdiction over Singaporean citizens and permanent residents who purchase or solicit sexual services from minors overseas, and make organizing or promoting child sex tours a criminal offense.
Prosecution
The Government of Singapore continued its law enforcement efforts to combat trafficking in persons in 2006. Singapore does not have a specific anti-trafficking law, but its Penal Code criminalizes most forms of trafficking. The government does not criminalize the use of 16- and 17-year-old children in prostitution, but the proposed Penal Code amendments will eliminate this statutory gap. Labor trafficking is prohibited through multiple sections of the Penal Code, the Employment Agency Rules, and the Employment of Foreign Workers Act. Penalties prescribed for sex trafficking, including imprisonment, fines, and caning, are sufficiently stringent, though less than the statutory maximum for rape. In the first nine months of 2006, 23 employers were prosecuted and convicted for abusing their foreign domestic workers. In one case, an employer was sentenced to nine months in jail for scalding her maid and hitting her with a clothes hanger. In February 2007, an employer was sentenced to 21 months' imprisonment for physically abusing her domestic servant. The Ministry of Manpower (MOM) investigates complaints by foreign workers about pay or working conditions, and first attempts to resolve problems through mediation and then enforcement action. In August 2006, a father and son were fined SGD 20,000 each after they pled guilty to failing to pay the salaries of workers at their now bankrupt construction firm. The government maintains effective border and immigration controls and there is no evidence that government officials are complicit in trafficking.
Protection
The Singaporean government demonstrated modest efforts to provide assistance and protection to trafficking victims. The Ministry of Community Development, Youth, and Sports (MCYS) funded the provision of shelter at local NGO facilities, and provided counseling, health care, physical security, and skills development programs for abused foreign domestic workers and victims of sexual exploitation. The government encourages victims of trafficking to participate in the investigation of traffickers, and provides foreign victims of serious crimes with temporary immigration status that allows them to stay until the need for testimony is over. Singapore does not otherwise provide a legal alternative to removal for victims who may face hardship or retribution in source countries. Victims are generally not jailed or prosecuted. The MOM has granted some victims of trafficking the right to seek employment and work permits. Singaporean authorities refer victims of trafficking to shelters run by NGOs or foreign embassies. The MCYS in 2006 encouraged one organization to submit a proposal to establish a shelter and agreed that the government would provide the facility. The MOM runs a hotline for domestic workers.
Prevention
The Singaporean government increased efforts to raise awareness among foreign workers and employers in 2006. The MOM continued and expanded its information campaign that targets foreign workers, including domestics, to inform them of their rights and the resources available to them. The MOM prints information on employees' rights and police hotline numbers for domestic workers on prepaid phone cards and in October 2006 started a newsletter that is mailed directly to foreign domestic workers that includes information on rights and responsibilities. The MOM also distributes an information booklet to employers of foreign domestic workers that explains their rights and criminal penalties that may be and have been applied against employers who abuse their domestic servants. In November 2006, MOM launched a program of randomly interviewing foreign domestic workers working in Singapore for the first time. The interviews enable MOM to determine how well they have adjusted to their working conditions and to reinforce workers' knowledge of their rights, responsibilities, and work place safety. Singapore has not ratified the 2000 UN TIP Protocol.
SLOVAK REPUBLIC (Tier 2)
The Slovak Republic is a source country for women and girls trafficked to Germany, Austria, the Czech Republic, and Slovenia for the purpose of commercial sexual exploitation. It is also a transit country for women from Moldova, Ukraine, Bulgaria, the Balkans, the Baltics, and People's Republic of China trafficked to the Czech Republic, Germany, Switzerland, France, Italy, Austria, the Netherlands, the United Kingdom, Spain, Croatia, and Slovenia for sexual exploitation. Roma women and girls within Slovakia continue to be highly vulnerable to trafficking.
The Government of the Slovak Republic does not fully comply with the minimum standards for the elimination of trafficking; however, it is making significant efforts to do so. Although some efforts to implement Slovakia's National Action Plan were stalled in 2006 with the temporary vacancy and reorganization of the National Anti-Trafficking Coordinator's position, Slovakia demonstrated important progress. In December 2006, the Slovak parliament passed a law allowing for a renewable 40-day stay for foreign victims. The government also signed cooperation agreements with three NGOs for a one-year pilot project to identify and provide shelter to victims. The government should ensure that police, customs officials, prosecutors, and social workers at refugee camps and asylum centers receive trafficking-specific training. The government should also collaborate with NGOs in identifying victims among persons in police detention centers and immigration facilities.
Prosecution
The Government of the Slovak Republic demonstrated progress in its law enforcement efforts during the reporting period. The Slovak Republic prohibits all forms of trafficking through Sections 179-181 of its criminal code, which prescribes penalties ranging from four to 25 years' imprisonment. These penalties are sufficiently stringent and are commensurate with those prescribed for other grave crimes, such as rape. Police conducted 20 trafficking investigations in 2006. The government prosecuted 32 trafficking cases, compared to 30 cases in 2005. Convictions were obtained against 18 traffickers in 2006, a significant increase from four convictions in 2005. Most convicted traffickers were given sentences ranging from three to five years' imprisonment. However, two traffickers received suspended sentences and one trafficker was sentenced to 18 months' imprisonment. There were no reported cases of government officials involved in trafficking. During the reporting period, police worked with NGOs to receive training on victim identification and assistance.
Protection
The government demonstrated modest progress in its victim protection efforts during the reporting period. The government provided money to several NGOs for victim services and it assisted NGOs and IOM to locate temporary shelter and provide health services for approximately 10 victims it identified. Approximately 50 additional victims were assisted by NGOs and IOM. Police provided information to potential victims about NGO-provided services and the police anti-trafficking unit implemented procedures to identify and refer victims to protection services. However, some authorities lack the training to identify victims and expect victims to identify themselves. Victims are encouraged to participate in investigations and prosecutions. There were reports that unidentified victims were penalized or deported; NGOs were rarely given access to identify potential victims among detained women held in police or immigration detention centers.
Prevention
The Slovak Republic continued efforts to prevent trafficking during the reporting period. IOM provided sensitivity training for police officers. The Border and Alien Police monitored the border for evidence of trafficking. The government tripled the shelter capacity for unaccompanied minors who enter Slovakia illegally; such measures may help to prevent these vulnerable minors from being targeted by traffickers. The government continued to operate a phone line and website where inquirers can verify the legitimacy of Slovak employment recruiting agencies.
SLOVENIA (Tier 1)
Slovenia is primarily a transit and, to a lesser extent, a source and destination country for men and women from Ukraine, Slovakia, Romania, Moldova, Bulgaria, Colombia, the Dominican Republic, Turkey, Albania, and Montenegro trafficked for purpose of commercial sexual exploitation. Girls were trafficked to Slovenia from Bosnia and Herzegovina and Serbia for the purpose of sexual exploitation.
The Government of Slovenia fully complies with the minimum standards for the elimination of trafficking. The government demonstrated a significant increase in law enforcement and victim assistance efforts during the reporting period. Slovenia successfully prosecuted, convicted, and sentenced traffickers for the first time since 2002. Slovenia also provided more than $50,000 in funding for victim assistance and took steps to guarantee consistent funding for designated NGO-run trafficking shelters. The government should continue to vigorously investigate, prosecute, convict, and sentence traffickers; take steps to ensure prosecutors and judges receive trafficking awareness training; ensure that a majority of convicted traffickers serve some time in prison; and consider conducting a domestic demand reduction campaign for commercial sex acts.
Prosecution
The government significantly increased its law enforcement efforts in 2006. The government prohibits all forms of trafficking in persons through Article 387(a) of its criminal code, which prescribes penalties ranging from six months to ten years' imprisonment. These penalties are sufficiently stringent and commensurate with those prescribed for other grave crimes. Authorities conducted three investigations in 2006, compared to seven in 2005. Authorities conducted six prosecutions in 2006, up from two in 2005. Seven traffickers were convicted in 2006. Four were given sentences ranging from 18 months to five years' imprisonment and three served no time in prison. More than 800 police officers received training from a government-funded anti-trafficking NGO in 2006. Slovenia actively worked and shared data with other governments on trafficking investigations through EUROPOL and Interpol.
Protection
The Government of Slovenia increased its victim assistance and protection efforts during the reporting period. The government provided adequate funding for several anti-trafficking NGOs to provide shelter and rehabilitation programs for victims. In 2006, these NGOs assisted 43 victims or potential victims. The government continued to implement its formalized victim referral mechanism in cooperation with NGOs, referring 21 victims to NGOs in 2006. After identification, victims were granted a 90-day reflection period. Victims were encouraged to participate in trafficking investigations and prosecutions; victims who participate are eligible to stay in Slovenia for the duration of the trial. Victims were not punished for unlawful acts committed as a direct result of being trafficked.
Prevention
The Government of Slovenia continued its prevention efforts during the reporting period. It funded an NGO to provide trafficking awareness classes for students in elementary and secondary schools, reaching 545 students and parents in 2006. Slovenia continued to monitor its borders for evidence of trafficking. The government's inter-departmental working group published and disseminated a report detailing the government's anti-trafficking efforts. Slovenian troops assigned to peacekeeping missions in Kosovo continued to receive trafficking awareness training.
SOUTH AFRICA (Tier 2 Watch List)
South Africa is a source, transit, and destination country for trafficked men, women, and children. South African girls are trafficked internally for the purposes of commercial sexual exploitation and domestic servitude. Women and girls from other African countries are trafficked to South Africa and, occasionally, onward to Europe for sexual exploitation. Thai, Chinese, and Eastern European women are trafficked to South Africa for debt-bonded commercial sexual exploitation. Mozambican and Malawian boys and young men are trafficked to South Africa for agricultural labor. Small numbers of Swazi girls are trafficked to South Africa's Mpumalanga Province for domestic servitude. Organized criminal groups and local gangs facilitate trafficking into and within South Africa, particularly for the purpose of commercial sexual exploitation.
The Government of South Africa does not fully comply with the minimum standards for the elimination of trafficking; however, it is making significant efforts to do so. South Africa is placed on Tier 2 Watch List for a third consecutive year for its failure to show increasing efforts to address trafficking over the last year. The government did not provide comprehensive data on trafficking crimes investigated or prosecuted or on resulting convictions or sentences during the year. To enhance its ability to combat trafficking, the government should fully implement the provisions of the Children's Bill against child trafficking and raise awareness among all levels of relevant government officials as to their responsibilities under these provisions; develop national procedures for victim protection, including the screening of undocumented immigrants for signs of victimization before deportation; and ensure that the Human Trafficking Inter-Sectoral Task Team is granted the proper authority to carry out fully its coordination role. The government should also regularly compile national statistics on the number of trafficking cases prosecuted and victims assisted, as it does for other crimes.
Prosecution
The government's anti-trafficking law enforcement efforts were increasingly visible during the year. South Africa does not have laws that prohibit trafficking in persons, though a variety of other criminal statutes are currently used to prosecute trafficking crimes. The lack of specific anti-trafficking statutes and explicit penalties for trafficking crimes continued to hamper South African law enforcement efforts, as many working level police, labor, and social welfare officials possessed little understanding of the crime or did not view it as part of their responsibilities. However, relevant bills continued to progress through the legislative process during the reporting period. In June 2006, President Mbeki signed the Children's Act, which specifically criminalizes child trafficking; this law cannot be enforced until the Department of Social Development releases the necessary implementing regulations. To raise awareness and elicit further feedback on its draft comprehensive anti-trafficking bill, the South African Law Reform Commission conducted six well-attended public workshops throughout the country for investigators, prosecutors, and civic organizations. In November 2006, the Sexual Offenses Bill, which prohibits the trafficking of women for sexual exploitation, was debated and released from parliamentary committee to the National Assembly for consideration. In August 2006, the National Prosecuting Authority (NPA) sponsored a two-day seminar on prosecuting human trafficking cases in the South African context for provincial prosecutors, as well as chief prosecutors from other African countries. Based on an agreement produced by the seminar, the government formed a Rapid Response Team to identify priority cases for prosecution, though no priority cases have yet been identified.
A number of significant trafficking cases were investigated and prosecuted during the year. A woman convicted in early 2006 of forcing young girls into prostitution was sentenced in June to five years in prison. A prosecution is underway against the head of a large criminal organization alleged to have recruited women and girls under the guise of employment and subsequently forced them into prostitution using threats, physical violence, and forced drug usage. In December, members of the South African Police Service's (SAPS) Organized Crime Unit raided and successfully withdrew 26 Thai women in prostitution from a Durban night club and arrested their three suspected traffickers. Four women agreed to assist with the prosecution of the club's owners and were placed in witness protection. The remaining women repeatedly denied being trafficked; their prosecution on prostitution and illegal immigration charges is underway, after which they face deportation. At the request of an airport immigration officer, police arrested two Congolese men after a 12-year old girl was unable to explain why she was traveling with them. The case of a South African man who promised a Swazi woman a job in his clothing shop but instead allegedly used her as a sex slave was thrown out of court for lack of evidence. In February 2007, police arrested and charged two men with statutory rape for allegedly running brothels in Soweto and luring at least 10 girls as young as 10 years of age into prostitution.
Thirty-one members of the SAPS Organized Crime Unit in Gauteng Province received IOM training on the role of organized criminal groups in the trafficking of women and children. Some local law enforcement officials are believed to be connected with organized criminal elements that engage in human trafficking as a side business. Investigation into at least one suspected case proved difficult during the year as witnesses refused to reveal the names of corrupt officials.
Protection
Government protection for trafficking victims during the reporting period remained inadequate and no department dedicated financial or staff resources specifically for trafficking victims. While the government operated facilities that provide an array of social services to its citizens, including 10 "Thuthuzela" reception centers that offer medical and psychological care to victims of sexual violence, it remains unclear whether trafficking victims utilized any of these services in 2006. However, police referred an unknown number of trafficking victims to local NGO-run shelters during the reporting period; the government provided financing to some of these facilities to assist in the care of victims. Police requested IOM's participation in joint interviews of suspected foreign victims and referred a number of victims to the organization for short-term care and repatriation. The government actively encouraged victims' assistance in the investigation and prosecution of their traffickers; at least six trafficking victims were placed in South Africa's witness protection program during the year to enable their involvement. In December, however, photographs of four Thai women in witness protection appeared in a Durban newspaper, increasing threats against their lives and families in Thailand. One group of suspected foreign victims was detained in a jail cell with their alleged traffickers, seriously compromising their ability to assist in a prosecution. There are no legal alternatives to the removal of foreign trafficking victims to countries where they face hardship or retribution. While local law enforcement's ability to question migrants improved, the lack of national coordination and procedures for victim protection continued to lead to deportation of most foreign victims before they were able to give evidence in court. In addition, immigration officials did not attempt to identify trafficking victims among undocumented foreigners, notably Mozambicans, before deporting them.
Prevention
While awareness of human trafficking has increased substantially within the country over the past year, government efforts in promoting awareness were minimal. The Sexual Offenses and Community Affairs Unit within the NPA remained responsible for coordination of the Human Trafficking Inter-Sectoral Task Team. This team's ability to function remained hampered by the lack of a specific mandate from the Department of Justice and poor coordination with other departments; it produced no substantial efforts during the year. Also due to the lack of a mandate, the preliminary National Plan of Action adopted in March 2006 was not implemented. In August, the Women's Parliament conducted a two-day meeting focusing on human trafficking.
SPAIN (Tier 1)
Spain is a transit and destination country for men, women, and children trafficked for the purposes of commercial sexual exploitation and forced labor. While most victims are women between the ages of 18 and 24 trafficked for sexual exploitation, females as young as 16 are also trafficked to Spain for the same purpose and men are trafficked for forced labor, usually in agriculture. Primary source countries for victims trafficked to Spain are Romania, Russia, Brazil, Colombia and Nigeria, though victims are trafficked from other areas of Latin America and Eastern Europe as well as from Sierra Leone. In smaller numbers, Chinese women are trafficked to Spain for sexual exploitation and Chinese men for labor exploitation.
The Government of Spain fully complies with the minimum standards for the elimination of trafficking. Spain aggressively investigated, arrested, and prosecuted trafficking crimes, closely monitoring these efforts through effective crime data collection. Spain's anti-trafficking legislation includes victim protection mechanisms, which are implemented largely through government cooperation with NGOs. To strengthen its response to trafficking, Spain should finalize its national action plan to combat trafficking and continue and expand its demand reduction efforts.
Prosecution
The Government of Spain demonstrated strong efforts to combat trafficking through law enforcement in the last year. Spain prohibits all forms of trafficking in persons though Article 318 of its Criminal and Penal Code, which was passed in 1995 and amended in 2003 to increase the sentence for sex trafficking to 5 to 15 years' imprisonment and the penalty for labor trafficking to 4 to 12 years in prison, both sufficiently stringent penalties. The penalty prescribed for sex trafficking is commensurate with the nation's 15-year maximum sentence for rape. In December 2006, the Council of Ministers approved increasing sentences for trafficking by two to six years in prison if the perpetrator belongs to a criminal organization. During the reporting period, Spanish police dismantled 177 sex trafficking networks and 63 labor trafficking rings. Police arrested 862 individuals for sex trafficking and 177 for labor trafficking. In 2006, police launched 272 investigations, prosecuted 113 trafficking cases and convicted 178 traffickers with an average prison sentence of 5.1 years. Approximately 75 percent of these sentences were greater than four years.
Protection
The government sustained impressive efforts to provide care for trafficking victims during the year. Spanish police continued to refer rescued victims to NGOs providing temporary shelter and rehabilitation services. In 2006, Spain increased funding by approximately five percent to anti-trafficking NGOs providing care to victims, providing one NGO with 177,432 euros. Victims receive medical assistance, including emergency care, through the national health care system. The police identified 1,832 sex trafficking victims and 456 labor trafficking victims in 2006. The government encourages victims to assist in trafficking investigations and prosecutions by providing work and residence permits to victims choosing to assist, giving them the option of either permanent residence status or funding to return to their own countries after the prosecution. Victims are not inappropriately incarcerated, fined or penalized for unlawful acts committed as a direct result of being trafficked.
Prevention
Spain sustained strong efforts to raise awareness about trafficking. During the reporting period, Spain's inter-agency trafficking working group began drafting a National Integral Plan Against Trafficking in Persons expected to be finalized in 2007. A Congressional report on prostitution released in February 2007 called for strengthening the fight against sex trafficking networks and increasing assistance to victims, and will be included in the finalized plan. The Madrid city government focused efforts in the past year to reduce demand for prostitution - and by extension, trafficking - by targeting potential male clients with posters reading "Because you pay, prostitution exists."
SRI LANKA (Tier 2 Watch List)
Sri Lanka is a source and destination country for men and women trafficked for the purposes of commercial sexual exploitation and involuntary servitude. Sri Lankan men and women migrate legally to the Middle East, Singapore, Hong Kong, Malaysia, and South Korea to work as construction workers, domestic servants, or garment factory workers. However, some have found themselves in situations of involuntary servitude when faced with restrictions on movement, threats, physical or sexual abuse, and debt bondage that is, in some instances, facilitated by large pre-departure fees imposed by recruitment agents. In one instance, Sri Lankan men were trafficked into involuntary servitude in Iraq. Children are trafficked internally for commercial sexual exploitation, as well as for forced labor. The U.S. government-designated Foreign Terrorist Organization, Liberation Tigers of Tamil Eelam (LTTE), recruited child soldiers in areas outside of the Sri Lankan government's control. The December 20, 2006 Report of the Secretary-General on Children and Armed Conflict in Sri Lanka to the United Nations Security Council noted allegations that government security forces were complicit in letting a paramilitary organization recruit child soldiers. Reports also indicate that women from Thailand, the People's Republic of China, and Russia and other countries of the Newly Independent States are trafficked into Sri Lanka for commercial sexual exploitation.
The Government of Sri Lanka does not fully comply with the minimum standards for the elimination of trafficking; however, it is making significant efforts to do so. Sri Lanka is placed on Tier 2 Watch List for its failure to provide evidence of increasing efforts to address trafficking over the previous year, especially in its efforts to punish trafficking for involuntary servitude. Though the government began prosecuting two suspects under its April 2006 anti-trafficking statute, it did not convict anyone for trafficking crimes. Moreover, Sri Lanka did not demonstrate adequate efforts to monitor and take law enforcement action against labor recruiters believed to use deception to entice workers into involuntary servitude. Sri Lanka should significantly improve its record of prosecutions and convictions of sex and labor trafficking crimes, and should institute a formal procedure to identify victims of trafficking among vulnerable groups, such as women arrested for prostitution, to ensure that they are not punished.
Prosecution
Sri Lanka made minimal progress on its law enforcement efforts this reporting period. The Sri Lankan government prohibits all forms of trafficking through an April 2006 amendment to its penal code. The government reported initiating two prosecutions under its anti-trafficking law for trafficking for forced prostitution. The government, however, did not undertake any investigations or prosecutions of labor recruiters using deceptive practices to facilitate the trafficking of Sri Lankans into commercial sexual exploitation and involuntary servitude abroad. The government did not undertake investigations of immigration officers who may have been complicit in trafficking. There were no public officials arrested for facilitating trafficking, nor were there substantiated reports that any officials were involved trafficking. Sri Lanka should take steps to increase law enforcement efforts to punish trafficking offenses under the new law, including adequately investigating and criminally prosecuting labor recruitment agents who facilitate the trafficking of men and women abroad.
Protection
The Sri Lankan government's efforts to provide protection for trafficking victims improved slightly. While the government relies primarily on NGOs to provide victim protection services, it actively refers victims to these organizations. The police also encourage victims to assist in investigations against their traffickers, and allow foreign victims to obtain employment pending their testimony. For Sri Lankan victims trafficked overseas, the government provides funding to operate shelters in diplomatic missions. For Sri Lankan female victims of trafficking who return to Sri Lanka, only minimal aid is offered in terms of shelter, counseling, and medical care. Sri Lanka does not have a formal procedure to identify victims of trafficking from among vulnerable groups such as women arrested for prostitution; as a result, some victims of sex trafficking may have been jailed or fined for prostitution. The government should take steps to ensure that victims are not punished for acts committed as a direct result of being trafficked, and should improve services offered to repatriated Sri Lankan trafficking victims.
Prevention
Sri Lanka markedly improved its trafficking prevention efforts. The Tourist Board partnered with UNICEF to launch a National Action Plan Project to eradicate child sex tourism. The government broadcast the "zero tolerance" for child sex tourism policy through TV and radio ads, billboards, banners, car stickers, flyers, and in-flight magazines. Sri Lanka has not ratified the 2000 UN TIP Protocol.
SUDAN (Tier 3)
Sudan is a source country for men, women, and children trafficked internally for the purposes of forced labor and sexual exploitation. Sudan is also a transit and destination country for Ethiopian, and possibly Filipina, women trafficked for domestic servitude. Sudanese women and girls are trafficked internally for domestic servitude. The terrorist rebel organization, Lord's Resistance Army (LRA), continues to harbor small numbers of Sudanese and Ugandan children in the southern part of the country for use as cooks, porters, and combatants; some of these children are also trafficked across borders into Uganda or the Democratic Republic of the Congo. Sudanese children are unlawfully conscripted, at times through abduction, and utilized by armed rebel groups - including SLA, Janjaweed militia, the camel police, and Chadian opposition forces - in Sudan's ongoing conflict in Darfur; the Sudanese Armed Forces and associated militias also continue to unlawfully conscript and exploit young children in this region. Militia groups in Darfur, some of which are linked to the government, abduct women for short periods of forced labor and to perpetrate sexual violence. Forcible recruitment of adults and particularly children by virtually all armed groups involved in Sudan's concluded north-south civil war was commonplace; thousands of children still associated with these forces await demobilization and reintegration into their communities of origin. There were confirmed reports of unlawful child recruitment by the SPLA, the Sudanese Armed Forces, and the White Army between May and July 2006 in the states of Khartoum, Jonglei, and Bahr al-Ghazal; some of these children were used in armed conflict.
In addition to the exploitation of children by armed groups during the two decades-long north-south civil war, thousands of Dinka women and children were abducted and subsequently enslaved by members of the Missiriya and Rezeigat tribes during this time. An unknown number of children from the Nuba tribe were similarly abducted and enslaved. A portion of those who were abducted and enslaved remained with their abductors in South Darfur and West Kordofan and experienced varying types of treatment; others were sold or given to third parties, including in other regions of the country; and some ultimately escaped from their captors. While there have been no known new abductions of Dinka by members of Baggara tribes in the last two years, inter-tribal abductions, as are historically common among East African tribes, continue in southern Sudan and warrant further investigation.
The Government of National Unity (GNU) does not fully comply with the minimum standards for the elimination of trafficking and is not making significant efforts to do so. Combating trafficking in persons through prevention efforts, victim assistance, and law enforcement measures was not a priority for the government in 2006. To improve its anti-trafficking efforts, the government should take steps to provide protective services to all types of trafficking victims found within the country; demobilize all child soldiers from its ranks, as well as those of aligned militias; and make a much stronger effort, through a comprehensive policy approach that involves all vested parties, to identify, retrieve, and reintegrate abductees.
Prosecution
The government's anti-trafficking law enforcement efforts were negligible; it did not investigate or prosecute any suspected trafficking cases during the reporting period. Sudan is a large country with porous borders and destitute hinterlands; the national government has little ability to establish authority or a law enforcement presence in many regions. Sudan's criminal code does not prohibit all forms of trafficking in persons, though its Articles 162 through 164 criminalize abduction, luring, and forced labor. The Interim National Constitution prohibits slavery and forced labor. No trafficker has ever been prosecuted under these articles. In 2006, the Government of Southern Sudan (GoSS) debated a comprehensive Children's Act that prohibits the sale or exchange of children, as well as the recruitment of child soldiers under the age of 18. Also in 2006, the National Assembly passed the Child Protection Act, which prohibits the recruitment or enlistment of soldiers under the age of 18; the act awaits approval by the Council of Ministers.
Protection
The government's efforts to protect victims of trafficking were minimal and focused only on the demobilization of child soldiers, excluding all other categories of trafficking victims. It also failed to address funding and capacity gaps in its own entities involved in combating trafficking. Over the past year, the GNU decreased its cooperation with humanitarian workers in the Darfur region on a broad spectrum of issues, including human trafficking. The Committee for the Eradication of Abduction of Women and Children (CEAWC), established in 1999 to facilitate the safe return of abducted women and children to their families, was not operational during the reporting period. Its most recent retrieval and transport missions took place in January-February 2006; since that time, neither the GNU nor the GoSS provided CEAWC with the necessary funding for the transport and reunification of previously identified abductees with their families. As a result, thousands of people continue to remain in prolonged situations of forced labor and sexual exploitation.
In May 2006, the GNU formally endorsed the interim national disarmament, demobilization and reintegration (DDR) program, nearly six months after the GoSS endorsed it. However, neither entity has passed required legislation formally establishing the National DDR Commission, or its Northern and Southern components - the Northern Sudan DDR Commission (NSDDRC), and the Southern Sudan DDR Commission (SSDDRC), respectively. The National DDR Commission met in December for the first time in 10 months. The Commissioner-General of the NSDDRC was formally appointed in December 2006; the commission posted representatives to all northern states soon after. According to the National Commission on Child Welfare, the NSDDRC demobilized 18 children serving in Northern Sudan, including Darfur, in 2006; this has yet to be confirmed by outside sources. In May, the President of Southern Sudan appointed the leadership of the SSDDRC; its membership, however, has not been constituted and it has not met. Because of delays in staff recruitment, there is no state-level representation. The SSDDRC, with the coordination of and assistance from UNICEF, demobilized 250 child soldiers, including girls, from the SPLA camp in Khorfulus in April; 211 child soldiers were demobilized in Julud in June, as well as some 242 child soldiers in Tonj in July. The SSDDRC continued to register child soldiers throughout the year and, at times, coordinated with the NSDDRC to trace and reunify them with their families.
Prevention
The government made no efforts to prevent future incidences of trafficking during the reporting period. Sudan has not ratified the 2000 UN TIP Protocol.
SURINAME (Tier 2)
Suriname is principally a transit and destination country for women and children trafficked transnationally for the purpose of commercial sexual exploitation; it is also a source country for underage Surinamese girls, and increasingly boys, trafficked internally for sexual exploitation. Foreign girls and women are trafficked from Brazil, the Dominican Republic, Guyana, and Colombia to Suriname for commercial sexual exploitation; some transit Suriname en route to Europe. Chinese nationals transiting Suriname risk debt bondage to migrant smugglers; men are exploited in forced labor and women in commercial sexual exploitation. Haitians migrating illegally through Suriname are also vulnerable to forced labor exploitation in the country.
The Government of Suriname does not fully comply with the minimum standards for the elimination of trafficking; however, it is making significant efforts to do so. The government investigated and prosecuted some suspected traffickers, and worked on improving victim assistance. The government should intensify its efforts to identify, convict, and punish traffickers, including any public officials connected to such activity. It also should consider legislative revisions to better protect foreign trafficking victims, and provide greater victim services.
Prosecution
The Surinamese government demonstrated solid anti-trafficking law enforcement efforts over the last year. The Parliament of Suriname amended the country's Criminal Code in April 2006 to prohibit all forms of human trafficking, prescribing punishment of up to 20 years in prison. These punishments are sufficiently stringent and commensurate with those prescribed for other grave crimes. An interagency trafficking-in-persons working group leads government efforts to investigate and prosecute traffickers. The government convicted two brothel owners of trafficking women for commercial sexual exploitation, sentencing one to six months and another to 18 months in prison. Police arrested another individual for trafficking for commercial sexual exploitation; his trial is underway. An anti-trafficking police unit randomly checked brothels for mistreatment, and to ensure that women in these establishments were not subjected to conditions of involuntary servitude. The country also initiated discussions with governments in neighboring Guyana, French Guyana, and Brazil on modalities for repatriating trafficking victims. There were reports that Surinamese immigration and customs officials facilitated some trafficking into the country; authorities indicate that they are investigating these allegations.
Protection
The government sustained modest but inadequate efforts to protect victims of trafficking. Due to a lack of resources, the government works closely with civil society to shelter and assist victims. Surinamese authorities encourage victims to assist in the investigation and prosecution of their traffickers. There were some reports of foreign victims being detained or deported by Surinamese authorities for immigration violations. Suriname does not provide legal alternatives to the removal of foreign victims to countries where they face hardship or retribution. However, the government's trafficking-in-persons working group is drafting legislation to provide trafficking victims with temporary residency status. It is also working with civil society on solutions for providing better victim assistance.
Prevention
High-level officials continued to condemn and draw attention to the problem of human trafficking in Suriname during the reporting period. The government's trafficking-in-persons working group initiated press events and education campaigns throughout 2006. Anti-trafficking posters and brochures were distributed. In early 2007, the working group launched a new awareness-raising campaign, and hosted informational meetings in the nation's border area with Guyana, where many victims are trafficked into the country. Suriname has not ratified the 2000 UN TIP Protocol.
SWEDEN (Tier 1)
Sweden is a destination and transit country for women from Nigeria, Estonia, Russia, Poland, Romania, Hungary, Serbia, Montenegro, Macedonia, Venezuela, and Thailand trafficked to Sweden or through Sweden to Norway, Denmark, Germany, Spain, and the United Kingdom for the purpose of commercial sexual exploitation. Sweden is a transit country for children trafficked from China to countries in Western Europe. In 2006, police noted a new trend of children from Romania and Poland trafficked to Sweden for purposes of forced begging and petty theft.
The Government of Sweden fully complies with the minimum standards for the elimination of trafficking in persons. The government continued to fund both awareness and victim assistance programs in source countries, spending approximately $2 million in 2006 in southeastern Europe. The government should continue its strong funding of law enforcement activities. Sweden should consider more training for judges and prosecutors on the application of the Anti-Trafficking Law to ensure a greater number of traffickers continue to be brought to justice.
Prosecution
Sweden demonstrated continued progress in its law enforcement efforts over the last year. Sweden's 2002 anti-trafficking law prohibits trafficking for both sexual exploitation and forced labor, although prosecutors continue to rely on a prostitution procurement law to prosecute and convict a number of sex traffickers. Sweden's anti-trafficking law provides penalties of two to 10 years' imprisonment, which are commensurate with penalties for other grave crimes, such as rape. In 2006, police conducted 28 trafficking investigations, a decrease from 44 in 2005. Authorities prosecuted and convicted 21 traffickers using the anti-trafficking law and procurement statute, up from 15 prosecutions and convictions in 2005. All 21 traffickers were sentenced to time in prison, with no suspended sentences. Sentences imposed on traffickers ranged from 10 months to 5 years' imprisonment. In 2006, the government conducted its first-ever trafficking in persons training for judges.
Protection
Sweden maintained its commitment to provide adequate victim assistance both domestically and in source countries during the reporting period. The government provides funding to NGOs in Sweden and abroad to provide support for victims. The Swedish International Development Agency (SIDA) funded the building of shelters and funded police trainings in Ukraine and Turkey. Sweden encourages victims to participate in trafficking investigations and prosecutions; victims who cooperate in criminal trafficking investigations may obtain residency permits that provide victims access to health care and social services. Victims who decline to participate in investigations are subject to deportation. Police report that use of these residency permits has slowed deportations, eased the plight of some victims, and aided investigations. In 2006, one victim - a Russian - was granted permanent residency as a result of her status as a victim of trafficking.
Prevention
The Government of Sweden continued to demonstrate strong trafficking prevention efforts. In 2006, the government partially funded an MTV awareness campaign in the Balkans focused on child trafficking and changing the attitudes of clients of the sex trade. SIDA funded awareness raising projects in the former Yugoslavia, Romania, Albania, and Bulgaria. The government also funded an awareness project in the northern territories of Sweden, Finland, Norway, and Russia focused on demand reduction for commercial sexual exploitation. Sweden adequately monitored immigration patterns for evidence of trafficking. The government publishes an annual report each spring, providing trafficking statistics and an assessment of government efforts to combat trafficking.
SWITZERLAND (Tier 1)
Switzerland is a destination and, to a lesser extent a transit country for women trafficked from Ukraine, Romania, Hungary, Poland, Bulgaria, the Czech Republic, Slovakia, Moldova, Brazil, the Dominican Republic, Thailand, Cambodia, Nigeria, and Cameroon for the purpose of commercial sexual exploitation. Limited cases of trafficking for the purposes of domestic servitude and labor exploitation were also reported.
The Government of Switzerland fully complies with the minimum standards for the elimination of trafficking. In January 2007, the Swiss government amended its penal code to provide for extraterritorial jurisdiction to prosecute traffickers; Swiss authorities are now able to prosecute any Swiss citizen, or foreign national present in Switzerland, for trafficking offenses committed abroad, regardless of whether trafficking is a crime in that country. The government continued to work well with NGOs and provided adequate funding for victim assistance and public awareness campaigns, both domestically and in source countries. The government should increase the number of convicted traffickers who serve time in prison.
Prosecution
The Government of Switzerland continued to make progress in its law enforcement efforts during the reporting period. Switzerland prohibits both trafficking for sexual exploitation and trafficking for labor exploitation under the new Article 182 of the Swiss penal code. Penalties prescribed range up to 20 years' imprisonment and are sufficiently stringent and commensurate with penalties prescribed for other grave crimes, such as rape. During the reporting period, authorities conducted 39 investigations, up from 30 in 2005. At least 20 suspected traffickers were prosecuted, up from 16 in 2005. Convictions were obtained against 20 traffickers, compared to 22 convictions obtained in 2005. The majority of the convicted traffickers served no time in prison. Of the 20 traffickers convicted in 2006, only seven served time in prison, with sentences ranging from two to six years. The remaining 13 traffickers received suspended sentences and served no time in prison. This is compared to 2005, when 6 of 22 convicted traffickers served between 5 and 16 months in prison, while 16 traffickers served no time in prison. Swiss authorities cooperated with other governments in the investigation and prosecution of numerous trafficking cases.
Protection
The government continued to improve its victim protection efforts during the reporting period. In 2006, cantonal immigration authorities offered 39 trafficking victims 30-day stays of deportation, up from 30 victims in 2005. The government continued to encourage victims to participate in trafficking investigations and prosecutions. Three victims were offered short-term residency permits to stay in Switzerland for the duration of the legal proceedings against their traffickers, down from 18 in 2005. Three victims were granted long-term residency permits on the grounds of personal hardship, down from eight in 2005. The government provided funding to NGOs for trafficking assistance services and shelter; local victim assistance centers counseled 126 victims during the reporting period, up from 84 the previous year. In 2006, three cantons signed written agreements with NGOs that formalized victim referral processes. Federal authorities successfully raised awareness among cantonal immigration authorities in order to reduce the possibility of trafficking victim deportations. NGOs report that regulations staying deportations and improved coordination with law enforcement officials have led to a considerable increase in the number of victims participating in trafficking investigations and prosecutions. The government ensured that victims were not penalized for unlawful acts committed as a direct result of their being trafficked.
Prevention
Switzerland continued its prevention efforts during the reporting period. The government again provided more than $1 million for victim assistance and trafficking prevention programs in multiple source countries, including Moldova, Montenegro, Russia, Lebanon, and Iran. The government provided approximately $225,000 to support a trafficking hotline in Russia. In January 2007, the government appropriated funding for the launch of trafficking awareness prevention campaigns in preparation for the 2008 European Soccer Cup.
SYRIA (Tier 3)
Syria is a destination country for women from South and Southeast Asia and Africa trafficked for the purpose of domestic servitude, and from Eastern Europe and Iraq for the purpose of commercial sexual exploitation. Women from Indonesia, Sri Lanka, the Philippines, Ethiopia, and Sierra Leone are recruited for work in Syria as domestic servants, but some face conditions of involuntary servitude, including long hours, non-payment of wages, withholding of passports and other restrictions on movement, and physical or sexual abuse. Similarly, Russian, Ukrainian and Belarusian women recruited for work in Syria as cabaret dancers are not permitted to leave their work premises without permission, and they have their passports withheld - indicators of involuntary servitude; some of these women may also be forced into prostitution. Women and children in the Iraqi refugee community in Syria are reportedly forced into commercial sexual exploitation. One anecdotal report suggested that Syria may also be a transit country for Iraqi women and girls trafficked to Kuwait, the U.A.E., and Lebanon for forced prostitution.
The Government of Syria does not fully comply with the minimum standards for the elimination of trafficking, and is not making significant efforts to do so.
Although the government began drafting a comprehensive anti-trafficking law, Syria reported no law enforcement efforts to punish trafficking offenses this year. In addition, the government did not offer protection services to victims of trafficking, and may have arrested, prosecuted, or deported some victims for prostitution or immigration violations. Syria should prosecute and punish more traffickers; improve protection for victims by providing shelter, medical, and psychological services; and cease the detention and deportation of victims.
Prosecution
Syria made negligible progress in punishing trafficking crimes this year. Syria does not specifically prohibit any form of trafficking in persons, but can use statutes against kidnapping and sexual assault to prosecute some trafficking cases. In November, the government issued Decree 81 that regulates recruitment agencies bringing domestic workers into the country. Though this decree sets guidelines for conditions of domestic workers and requires agencies to have a license to operate, penalties for violation, including imprisonment for an unspecified length of time or fines of only $2 or both, are not sufficiently stringent to deter the offense of forced labor. Furthermore, Syria did not report any investigations, arrests, prosecutions, or convictions of trafficking offenses this year. There was an anecdotal report that the government uncovered one case of corruption within the Ministry of Interior's Immigration Department and that this resulted in the firing of some high-level immigration officials. If true, it is not known whether this led to prosecutions for complicity in trafficking crimes. The government should follow through on steps to enact a comprehensive anti-trafficking law that criminalizes all forms of trafficking, and assigns penalties both sufficiently stringent to deter the offense and reflective of the heinous nature of the crime.
Protection
During the year, the Syrian government made no progress in protecting trafficking victims. Syria failed to provide protection services such as shelter, medical or psychological assistance for victims, or financially or materially support organizations that do. The government continues to lack a formal victim identification procedure to identify potential trafficking victims among vulnerable populations, such as illegal migrants or women arrested for prostitution. As a result, victims may be arrested, prosecuted, or deported for unlawful acts committed as a result of being trafficked. Child victims of commercial sexual exploitation are housed in juvenile detention facilities. Syria does not actively encourage victims to assist in investigations against their traffickers, and does not provide victims with legal alternatives to removal to countries in which they may face hardship or retribution.
Prevention
Syria took minimal steps in preventing trafficking over the year. Syria's counter-trafficking committee met at least twice this year to draft a comprehensive anti-trafficking law. Nonetheless, the government did not draft a national action plan to combat trafficking in persons or conduct any public awareness campaigns to educate employers and workers on the rights of domestic workers. Syria has not ratified the 2000 UN TIP Protocol.
TAIWAN (Tier 2)
Taiwan is primarily a destination for men, women, and children trafficked for the purposes of forced labor and sexual exploitation. Women and girls from the People's Republic of China (P.R.C.) and Southeast Asian countries are trafficked to Taiwan through the use of fraudulent marriages, deceptive employment offers, and illegal smuggling for commercial sexual exploitation and forced labor. A significant share of male and female foreign workers-primarily from Vietnam, Thailand, and the Philippines-are recruited legally for low-skilled jobs in Taiwan's construction, fishing and manufacturing industries, or as domestic servants, and are subjected to forced labor or involuntary servitude by labor agencies or employers upon arrival in Taiwan. Many of these contract migrant workers come from poor rural areas and are forced to pay up to $14,000 to recruitment agencies or brokers for a job in Taiwan, resulting in substantial debt that labor agencies or employers use as a tool for involuntary servitude.
The process for recruitment and placement of the 340,000 foreign workers in Taiwan-half of whom are domestic servants or nurses working in private residences and not protected by Taiwan's labor law-lacks regulation and oversight, and may therefore lead to situations of involuntary servitude. Traffickers continue to use the recruitment of foreign brides by legal international marriage brokers as a means to traffic Southeast Asian women to Taiwan for sexual exploitation or forced labor, despite efforts by Taiwan authorities to curb this channel of trafficking.
Taiwan authorities do not fully comply with the minimum standards for the elimination of trafficking; however, they are making significant efforts to do so. While the island's trafficking problems remain daunting, Taiwan authorities over the last year showed clear progress in addressing trafficking for both sexual and labor exploitation. Taiwan formed its first national plan of action that covers all forms of trafficking and constituted an inter-ministerial committee to implement the plan in coordination with NGOs. After a March 2007 operation that rescued 35 Indonesian women who were trafficked to Taiwan through fraudulently brokered marriages, authorities began referring these and other victims to NGOs for appropriate care.
Nevertheless, much more remains to be done to bring Taiwan into compliance with the minimum standards. Taiwan authorities need to demonstrate greater political will in tackling the trafficking in persons problem on the island. Victims of trafficking should be granted formal protection, including access to justice in order to obtain compensation from their traffickers or exploitative employers and the right to work while awaiting court cases. The Council on Labor Affairs (CLA) should stop addressing acts of involuntary servitude with administrative penalties; instead these serious crimes should be referred to the appropriate law enforcement authorities for criminal investigation and, if warranted, prosecution. Taiwan authorities should do more to eliminate the ability of labor brokers and employers to deport workers involuntarily.
Prosecution
The Taiwan authorities made clear efforts to improve anti-trafficking law enforcement efforts over the reporting period. Taiwan does not prohibit all forms of trafficking in persons, though it has a number of laws that criminalize some forms of trafficking, including laws against slavery-Section 296 and 296-1 of its criminal code-and exploiting children in prostitution, some provisions of which prescribe punishments of up to seven years' imprisonment, which are sufficiently stringent. However, Taiwan does not criminalize trafficking for labor exploitation or debt bondage, and the anti-slavery statute does not appear to cover recruitment or the use of coercion or fraud in exploiting a victim. A comprehensive law covering all forms of trafficking is strongly advisable. Draft amendments to Taiwan's immigration law that would provide formal protection and status to trafficking victims continued to be discussed in the Legislative Yuan but were not passed.
In 2006, it was evident that the Taiwan authorities increased efforts to prosecute, convict and punish traffickers. However, the nature of the Taiwan criminal justice system makes the collection of data on final convictions and sentencing extremely difficult. Throughout the reporting period, Taiwan police and immigration officials conducted anti-trafficking operations, disrupting at least four trafficking rings-one of them involving trafficking for forced labor-and rescuing at least 40 victims of sex or labor trafficking. The Ministry of Justice and the police conducted several training events on trafficking in persons throughout the year.
Protection
Taiwan authorities made modest progress in protecting victims of trafficking, though overall protections remained inadequate. The government's provision of assistance to victims of trafficking, such as shelter, legal aid, psycho-social counseling, and medical care remained uneven, without a well-articulated or coordinated program of victim care. While formal procedures for the proactive identification of trafficking victims were developed by the police and immigration services in 2006, these have not yet been fully implemented. Victims continue to be misidentified as migrants out of immigration status or violators of Taiwan's prostitution laws and consequently punished for unlawful acts committed as a direct result of their being trafficked. Authorities continued to place victims of trafficking in detention facilities alongside accused criminals, though in April 2007, authorities of the newly formed National Immigration Agency took the unprecedented step of referring a group of Indonesian and Thai trafficking victims to an NGO shelter while police and immigration authorities investigated the trafficking crimes committed against them. Victims of trafficking from mainland China continued to be detained in the Ilan "P.R.C. citizen-only" detention center. Taiwan authorities showed progress, however, in encouraging more foreign victims to participate in the investigation and prosecution of traffickers, though the authorities could not offer legal alternatives to the removal of victims to countries in which they may face hardship or retribution. Some victims are granted temporary residency during a criminal investigation or first stage of a trial, but these are not offered uniformly and longer-term residency is not offered. Some labor brokers reportedly continued to forcibly deport foreign workers who sought to complain about abuses.
During 2006, 4,447 foreign workers sought refuge in the 13 NGO shelters subsidized by the Taiwan government-a significant number of these workers probably had experienced conditions of involuntary servitude. The CLA often attempts to respond to foreign workers who complain of exploitative work conditions or coerced labor by sitting them down with their labor broker or employer and negotiating a compromise instead of referring these cases to the police for criminal investigation. Workers who flee their employer for whatever reason, including physical abuse or forced labor conditions, run the risk of being identified as "runaways" who can be punished and deported under Taiwan's immigration law; however, for those recognized as workers with valid labor disputes, the CLA in January 2007 extended by one month the period in which they can remain in Taiwan to seek resolution of these disputes. Taiwan has no law to protect foreign workers from being forcibly repatriated.
Prevention
Taiwan authorities greatly advanced efforts to prevent trafficking during the reporting period. In November 2006, the Ministry of Interior produced a national plan of action of trafficking in persons that covers all forms of trafficking. The action plan created a permanent Executive Yuan anti-trafficking committee consisting of representatives from 14 ministries and agencies and a number of local NGOs. The authorities also took steps to prevent the trafficking of foreign women through brokered international marriages by restricting eligibility and enhancing interview requirements for foreign brides and their Taiwan spouses; as a result, the number of spousal visas issued to brides in Vietnam-the leading source of foreign brides in Taiwan-dropped for a second straight year to 3,864 down from 7,062 in 2005 and 11,953 in 2004. In 2006, Taiwan authorities also banned the registration of new marriage brokering companies and announced that existing companies would be subjected to closer scrutiny.
TAJIKISTAN (Tier 2)
Tajikistan is a source country for women trafficked to the United Arab Emirates, Turkey, Saudi Arabia, Kuwait, and Iran for the purpose of commercial sexual exploitation; men are trafficked to Russia for labor exploitation, primarily in the construction and agricultural industries. Tajik victims are often trafficked through Kyrgyzstan before reaching their final destination.