Trafficking in Persons Report -Report Home Page Released by the Office to Monitor and Combat Trafficking in Persons June 4, 2008
Country Narratives -- Countries S through Z
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. Despite strict labor laws and entry visa requirements, men and women from Bangladesh, India, Sri Lanka, Nepal, Pakistan, the Philippines, Indonesia, Vietnam, Kenya, Nigeria, and Ethiopia voluntarily travel to Saudi Arabia as domestic servants or other low-skilled laborers, but subsequently face conditions of involuntary servitude, including restrictions on movement, withholding of passports, threats, physical or sexual abuse, and non-payment of wages. Women from Yemen, Morocco, Pakistan, Nigeria, Ethiopia, Tajikistan, and Thailand 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 street vendors. Some Saudi nationals travel to destinations including Morocco, Egypt, Afghanistan, Pakistan, India, and Bangladesh to engage in commercial sexual exploitation.
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. The government continues to lack adequate anti-trafficking laws, and, despite evidence of widespread trafficking abuses, did not report any criminal prosecutions, convictions, or prison sentences for trafficking 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. The Saudi government also made no discernable effort to employ procedures to identify and refer victims to protective services.
Recommendations for Saudi Arabia: Enact a comprehensive anti-trafficking law that criminalizes all forms of trafficking in persons and assigns criminal penalties that are sufficiently stringent to deter the crime and adequately reflect the heinous nature of the crime; significantly increase criminal prosecutions and punishments of abusive employers and those culpable of trafficking for commercial sexual exploitation; ensure that trafficking victims are not detained or punished for acts committed as a result of being trafficked; institute a formal victim identification mechanism to distinguish trafficking victims among the thousands of workers it deports each year for immigration violations and other crimes; and extend protection to victims of sex trafficking, as well as ensure that their traffickers are criminally prosecuted.
Prosecution
Saudi Arabia did not demonstrate efforts to criminally punish trafficking crimes over the reporting period. The government does not prohibit all forms of trafficking in persons, but penalizes forced labor through Articles 229-242 of its Labor Law. Penalties prescribed under these forced labor statutes, however, are limited to fines or bans on future hiring, and are not sufficiently stringent. These laws also do not apply to domestic servants, the primary victims of forced labor in Saudi Arabia. Saudi Arabia does not have a law specifically prohibiting trafficking for commercial sexual exploitation. There have been some cases of assault against foreign workers resulting in physical injuries or death, reports of widespread worker abuse, and anecdotal evidence of trafficking for commercial sexual exploitation. The Saudi government, however, reported no criminal investigations, prosecutions, convictions, or sentences for trafficking offenses. The government does not enforce fines or bans on hiring workers imposed upon abusive employers or recruitment agencies, and police are criticized for being unresponsive to requests for help from foreign workers.
Protection
Saudi Arabia took inadequate measures to protect victims of trafficking and sometimes punished victims. The government claims it makes available to trafficking victims services including shelter, legal aid, and medical and psychological care. However, many victims are not always provided such assistance; they must seek shelter at their embassies, negotiate settlements with their employers, and independently obtain funds to return home. 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 or automatically deported without being offered protection. Women arrested for prostitution are not interviewed for evidence of trafficking and may be subjected to stringent corporal punishment for adultery under Saudi law. Although Saudi Arabia offers temporary relief from deportation to some victims who identify themselves to authorities, those who have run away from their employers, overstayed their visas, or otherwise violated the legal terms of their visas may be jailed or detained. Saudi officials do not encourage victims to assist in investigations against their traffickers, and often discourage this by persuading victims to take monetary compensation in lieu of filing criminal charges against their employer. Of particular concern are reports that, in some cases, victims are returned to their employers by police officers after making a trafficking complaint. Legal recourse is available to victims in theory, but the lack of translation assistance and lengthy and costly delays often discourage victims. The government does not offer legal alternatives to the removal of foreign trafficking victims to countries where they may face hardship or retribution.
Prevention
Saudi Arabia made minimal efforts to prevent trafficking in persons. The government provides trafficking awareness and technical training for officials with trafficking prevention responsibilities. In November 2007, media sources reported that Saudi Arabia signed agreements to offer financial assistance to Yemen —a key source country for child beggars—to establish educational, technical, vocational, health, and infrastructure projects to prevent child trafficking. The government, however, did not dtake any reported measures during the reporting period to reduce the demand for commercial sex acts. Similarly, Saudi Arabia failed to undertake any public awareness campaigns targeting citizens traveling to known child sex tourism destinations abroad.
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 and the majority of victims are children. Within Senegal, religious teachers traffic boys, called talibe, by promising to educate them, but subjecting them instead to forced begging and physical abuse. A 2007 study done by UNICEF, the ILO, and the World Bank found that 6,480 talibe were forced to beg in Dakar alone. Women and girls are trafficked for domestic servitude and sexual exploitation, including for sex tourism, within Senegal. 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. Women and girls from other West African countries, particularly Liberia, Ghana, Sierra Leone, and Nigeria may be trafficked to Senegal for sexual exploitation, including for sex tourism.
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. Senegal maintained a steady commitment to rescuing and caring for victims, though law enforcement efforts remained modest.
Recommendations for Senegal: Increase efforts to prosecute and convict traffickers; activate the Ministry of Interior’s Special Commissariat Against Sex Tourism and the Tourism Ministry’s sex tourism police unit to arrest sex tourists and rescue their victims; and increase efforts to raise awareness about trafficking.
Prosecution
The Government of Senegal demonstrated modest law enforcement efforts to combat trafficking 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 law’s prescribed penalties of five to 10 years’ imprisonment for all forms of trafficking are sufficiently stringent and commensurate with penalties prescribed for rape. In December 2007, nine individuals, two of whom were truck drivers from Guinea-Bissau and one of whom was Senegalese, were arrested at the southern border for attempting to traffic 34 boys. The suspects are in jail awaiting trial. In 2007, a religious leader was prosecuted and sentenced to four years’ imprisonment for beating a talibe to death. The Ministry of Tourism activated a police unit to combat sex tourism in Dakar, though a similar unit established in Mbour is not yet operational. During the year, the Ministry of the Interior activated the Special Commissariat Against Sex Tourism—which it had established in 2005—in Dakar and Mbour. The Ministry of the Interior, through its Bureau of Investigations, works closely with Interpol to monitor immigration and emigration patterns for evidence of trafficking. Senegalese police continued to work closely with Bissau-Guinean authorities to repatriate children trafficked for forced begging back to Guinea-Bissau.
Protection
The Government of Senegal demonstrated solid efforts to protect trafficking victims over the last year. Senegal continued to operate the Ginndi Center, its shelter for destitute children, including trafficking victims. In its record keeping, the Center does not specifically track the number of trafficking victims it receives. However, the Family Ministry, which funds and operates the Center with help from international donors, has recently begun using an NGO-funded computerized database to track trafficking victims. Last year, the center received 917 destitute children, including trafficking victims. With international organization assistance, all of these children were reunited with their families in Senegal, Guinea-Bissau, Mali, and The Gambia. The government provided 77 of these children with vocational training and 329 with medical care. The government also continued to operate its free child protection hotline out of the Ginndi Center. The hotline received 66,823 calls last year. The government also sometimes refers victims to NGOs for care on an ad hoc basis. The government encourages victims to assist in trafficking investigations or prosecutions by permitting closed-door victim testimonies during trafficking prosecutions and by interviewing victims to gather evidence to prosecute traffickers. The government provides legal alternatives to the removal of foreign victims to countries where they may face hardship or retribution. Trafficking victims have the option of remaining temporarily or permanently in Senegal under the status of resident or refugee. Victims are not inappropriately incarcerated or fined for unlawful acts as a direct result of being trafficked.
Prevention
The Government of Senegal made minimal efforts to raise awareness about trafficking during the reporting period. As part of its program against the worst forms of child labor, the Family Ministry conducted donor-funded workshops and roundtables in Mbour, Dakar, and other areas of the country to raise awareness about forced child begging, child domestic servitude, and prostitution of children. A magistrate at the High Commissary of Human Rights, the government’s focal point agency to combat trafficking, holds monthly meetings with representatives from the Ministries of Justice, Tourism, Interior, Women, and Education to better disseminate and enforce the law prohibiting trafficking. The government took measures to reduce demand for commercial sex acts in Senegal by activating a tourism police unit and a special police commissariat to combat child sex tourism. The government did not take measures to ensure that its nationals who are deployed abroad as part of peacekeeping missions do not engage in or facilitate trafficking. The Family Ministry is working with a foreign donor to develop a new national action plan against trafficking.
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 are trafficked to Serbia from Macedonia, Ukraine, Moldova, Bosnia and Herzegovina, Bulgaria, Romania, Croatia, Albania, and the People’s Republic of China. Serbia continued to serve as a transit country for victims trafficked from Bosnia, Croatia, and Slovenia and destined for Italy and other countries in Western Europe. Internal sex trafficking of Serbian women and girls continued to increase, comprising more than three-fourths of trafficking cases in 2007. Some children continued to be trafficked into forced labor or forced street begging. According to NGOs and law enforcement, efforts to shut down known brothels continued to prompt traffickers to better conceal victims of trafficking.
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 increased national funding for combating trafficking in persons, actively investigated trafficking, prosecuted high-level cases, and took a step in addressing trafficking-related corruption by investigating and charging a state prosecutor for complicity. During the reporting period, the government improved its capacity to assist trafficking victims via the establishment of 11 new municipal teams made up of government officials and NGO representatives. An inefficient judicial system resulted in trials that lasted months or years, and convicted traffickers continued to delay serving their sentences, sometimes by several years, by filing multiple appeals. This sometimes resulted in convicted traffickers remaining free and possibly continuing to exploit victims. Sentences continued to be light in many cases, and did not serve to deter trafficking in Serbia. Although the government expanded its training program to educate law enforcement how to identify victims, concerns remained about victims sometimes not correctly identified and punished as a result of being trafficked.
Recommendations for Serbia: Pass implementing legislation as part of the national judicial reform plan, which will streamline the judicial process and ensure convicted traffickers serve their sentences soon after sentencing; continue to address trafficking- related corruption by vigorously prosecuting and punishing officials who facilitate trafficking; amend the penal code to raise minimum penalties for trafficking; provide evidence of vigorous prosecution, conviction, and sentencing of traffickers via comprehensive law enforcement data; implement measures in the National Strategy to Combat Trafficking in Persons, such as the protocol for victim identification and referral; include NGOs in the initial identification phase for potential victims; develop programs to assist the increasingly growing problem of children who are victims of trafficking; and improve prevention efforts, including efforts to reduce demand for commercial sex.
Prosecution
The Government of Serbia continued its efforts to actively investigate trafficking cases, though its court often imposed insufficient sentences on convicted trafficking offenders. The criminal code for Serbia criminally prohibits sex and labor trafficking in article 388 and prescribes penalties that are sufficiently stringent and commensurate with those prescribed for other grave offenses, such as rape. In 2007, the government investigated and charged 62 persons with trafficking. The government reported at least 23 trafficking convictions during the reporting period. In December 2007, in a high-profile case in Novi Sad, the judge sentenced 11 defendants, including one police officer, to a total of 42 years’ imprisonment, and the defendants are reportedly serving their sentences. In another high profile case, the government investigated and indicted seven traffickers, including the Deputy Public Prosecutor, in Novi Pazar in December 2007. The prosecutor sexually exploited some of the victims and was aware of trafficking abuses they had suffered, including the death of one victim. In 2007, the government investigated a police officer for his role in facilitating the trafficking of a forced labor victim. This trial is scheduled to begin in May 2008. In March 2007, a Belgrade court convicted 12 suspects to a total of 42 years’ imprisonment for trafficking Chinese nationals through Serbia. Most convicted traffickers in Serbia continue to be freed pending appeal and there was at least one case of a convicted trafficker who remained free and continued his trafficking activities. Due to vacancies in the office of the National Coordinator, the government did not provide comprehensive law enforcement data on trafficking prosecutions, convictions, and sentences.
Protection
The government continued to cooperate with NGOs on victim assistance, but did not provide any funding for NGOs providing victims of trafficking with services such as counseling, legal assistance, and reintegration programs. The Agency for the Coordination of Protection of Victims of Trafficking reported the identification of 60 victims in 2007, including 26 minors; 48 of the 60 were Serbian victims. The government encouraged victims to assist in the investigation and prosecution of traffickers, according to NGOs in Serbia; 90 percent of victims reportedly participated in the investigation of their traffickers. However, many victims refuse to testify in court, out of fear of reprisals by their traffickers. The government used its 2006 Witness Protection Law to protect only one trafficking victim during the year. According to NGOs, trafficking victims were often directly or indirectly forced to testify against traffickers and some courts continue to demonstrate insensitivity to trafficking victims by scheduling victims and their accused traffickers to appear in court together, despite victims’ objections. Serbian law allows victims to file civil suits against traffickers for compensation, but as of March 2008 no trafficking victim had been awarded compensation. Victims pursuing criminal or civil suits are entitled to temporary residence permits and may obtain employment or leave the country pending trial proceedings. The government awarded temporary residence status to a total of six victims in 2007. Identified victims are not detained, jailed, prosecuted, or otherwise penalized for unlawful acts committed as a direct result of their being trafficked. However, one NGO reported that authorities failed to identify some trafficking victims in 2007, resulting in their arrest, detainment, and subsequent deportation. To address this issue, the government expanded its training program for law enforcement. In 2007, thirty-seven trafficking victims were accommodated in two NGO shelters, 21 in a short-term shelter and 16 in transition housing (including two babies). Reintegration services were provided to 47 women and four men (including 22 children). During the reporting period, 11 new municipalities established social assistance teams composed of social workers, police, and NGO staff to provide assistance to potential victims of family violence and trafficking.
Prevention
The Government of Serbia demonstrated mixed efforts in its prevention activities in 2007. The government has yet to begin implementation of its December 2006 National Strategy to Combat Trafficking in Persons. Furthermore, the government’s anti-trafficking team charged with leading Serbia’s anti-trafficking efforts met only once during the year. However, the government increased its educational prevention programs during the year, and in 2007, launched a fund-raising drive for the Agency for Coordination. It also sponsored a month of anti-trafficking programs on national television during October 2007. Although the government finalized scripts for a project to which it earmarked $100,000 for a 13-episode television series entitled “Modern Slavery,” NGOs expressed concerns about the series being completed. The government did not conduct any awareness campaigns aimed to reduce demand for commercial sex acts.
SIERRA LEONE (Tier 2)
Sierra Leone 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 transnational trafficking and the majority of victims are children. Within the country, women and children are trafficked from rural provinces to towns and mining areas for domestic servitude, sexual exploitation, and forced labor in diamond mines, petty trading, petty crime, and for forced 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. Sierra Leone is a destination country for children trafficked from Nigeria and possibly from Liberia and Guinea for forced begging, forced labor in mines and as porters, and for sexual exploitation. There have also been cases of children trafficked from refugee communities in Sierra Leone. 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. The government reported that it prosecuted five traffickers, but was unable to provide data on trafficking convictions. While Sierra Leone reported that it referred victims to an international organization’s shelter, the number of victims referred was low.
Recommendations for Sierra Leone: Strengthen efforts to prosecute and convict trafficking offenders; educate law enforcement officials on the distinction between trafficking and smuggling; allocate increased funding to transporting victims from the interior to Freetown for care; increase the number of government victim referrals to IOM; and develop procedures for identifying trafficking victims among females in prostitution.
Prosecution
The Government of Sierra Leone made modest law enforcement efforts to combat trafficking in the last year. Sierra Leone prohibits all forms of trafficking through its 2005 Anti-Trafficking in Persons Act, which prescribes a maximum penalty of 10 years’ imprisonment. This penalty is sufficiently stringent, but not commensurate with penalties for rape, which carry a maximum sentence of life imprisonment. Between January and December 2007, the government reported that it conducted 14 trafficking investigations. Five of these cases are being prosecuted—as compared with seven cases prosecuted in 2006. Although an international NGO reported that Sierra Leone convicted three traffickers, the government was unable to corroborate this information. In January 2008, the Sierra Leonean Embassy in Conakry received from the Guinean government four Sierra Leonean women whom Guinean authorities suspected of trafficking children to Sierra Leone, and transported them back to Sierra Leone. Rather than prosecuting them, the government and IOM determined that they were actually trafficking victims and returned them to their communities.
Protection
The Sierra Leonean government demonstrated limited efforts to protect trafficking victims during the last year. The government does not operate its own shelter, but refers victims to the nation’s only trafficking victim shelter, which is located in Freetown and operated by IOM. The Family Support Units (FSU) of the Sierra Leone Police (SLP) turned over intercepted trafficking victims to the Ministry of Social Welfare (MOSW), which then referred the victims to IOM for assistance. Some victims outside Freetown were not referred for care, however, due to lack of transport to the capital or the difficulty of travel during the rainy season. The government reported that it referred 14 trafficking victims to IOM for assistance in the 2007 calendar year. In January 2007, the Sierra Leonean Embassy in Conakry received from the Guinean government and protected 10 suspected child trafficking victims and returned them to Sierra Leone. The MOSW and IOM determined that the children were in fact not trafficking victims, but were related to the aforementioned four Sierra Leonean women whom Guinean authorities had suspected were trafficking these children into Sierra Leone. The children were reunited with their parents under the supervision of the MOSW. In March 2008, the government donated shelter space to IOM in order to replace the facility IOM currently rents. Although the government permits victims to participate in investigations and prosecutions, cases take so long to go to court that many victims are no longer available at the time of trial. As a result, some cases are dropped, since many cannot be successfully tried without a victim witness. The government does not actively encourage victims to participate in investigations and prosecutions. Sierra Leone does not provide legal alternatives to the removal of foreign victims to countries where they face hardship or retribution. There were no known cases during the year of trafficking victims inappropriately incarcerated or fined for unlawful acts as a direct result of being trafficked. However, authorities’ conflation of trafficking and smuggling has probably led to some trafficking victims being penalized as illegal immigrants. Also, NGOs report that police raid brothels and arrest females in prostitution without following procedures to identify trafficking victims among them.
Prevention
The Government of Sierra Leone made inadequate efforts to raise awareness about trafficking during the reporting period. The government failed to conduct trafficking information or education campaigns. While the National Anti-Trafficking Task Force, which is composed of government officials, NGOs, and international organizations, met monthly for half the year, meetings were less frequent in the year’s second half and government authorities from some key ministries rarely attended. While the 2005 anti-trafficking law mandates the creation of a Trafficking Secretariat to coordinate national anti-trafficking activities, it has yet to be established. Sierra Leone does not monitor immigration and emigration patters for trafficking activity. Border officials continue to lack a full understanding of the distinction between smuggling and trafficking. The government took some measures to reduce demand for commercial sex acts by raiding brothels, but did not follow procedures to identify trafficking victims among females in prostitution. 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 labor and commercial sexual exploitation. Some women from India, Thailand, the Philippines, and the People’s Republic of China who travel to Singapore voluntarily for prostitution or work are subsequently deceived or coerced into sexual servitude. A significant number of foreign domestic workers in Singapore faces the unlawful confiscation of their travel documents, restrictions on their movement, confinement, and/or physical or sexual abuse. 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. In February, 2008 the government enacted amendments to the Penal Code that criminalize prostitution involving a minor under the age of 18, thereby ensuring that Singaporean law criminalizes all severe forms of trafficking in persons. The police adopted new training programs and procedures to familiarize officers with the new Penal Code offenses and to provide them with the skills to identify potential trafficking victims. Notably, the recent Penal Code amendments also extend extra-territorial jurisdiction over Singaporean citizens and permanent residents who sexually exploit children in other countries, and make organizing or promoting child sex tourism a criminal offense. At the same time, however, the government did not prosecute or convict any trafficking offenders during the reporting period, and did not take adequate measures to protect victims of trafficking, particularly foreign domestic workers subjected to forced labor conditions.
Recommendations for Singapore: Vigorously investigate and prosecute both labor and sex trafficking cases, and ensure that trafficking offenders are convicted and receive appropriate criminal punishments ; increase efforts to proactively identify victims of trafficking among vulnerable groups such as foreign women and children arrested for prostitution; institute procedures to ensure that victims are not arrested, incarcerated or otherwise punished for acts committed as a direct result of being trafficked; and conduct public awareness campaigns to inform citizens and residents of the amendments to the Penal Code and penalties for involvement in trafficking for sexual exploitation or labor.
Prosecution
The Government of Singapore demonstrated some law enforcement efforts to combat trafficking in persons during the reporting year. Singapore expanded its anti-trafficking legal framework with the February 1, 2008 entry into force of the Penal Code (Amendment) Act of 2007 to criminalize all forms of trafficking, including the commercial sexual exploitation of sixteen- and seventeen-year-olds. 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, as are penalties prescribed for labor trafficking. The Ministry of Home Affairs (MHA) received and investigated 28 reports of human trafficking during the reporting period; one case remains under investigation, while the others were closed due to lack of substantiating evidence. There were no reported criminal prosecutions or convictions for labor or sex trafficking offenses during the reporting period. In 2007 the authorities arrested 130 pimps and “vice abettors” (e.g., brothel operators). Fifteen pimps and thirty vice abettors were prosecuted; however, it is unclear how many, if any, of these cases involved trafficking. There were no reports of government officials’ complicity in trafficking crimes during the reporting period.
Protection
The government did not show appreciable progress in protecting trafficking victims, particularly foreign domestic workers subjected to forced labor conditions, over the reporting period. The government does not operate victim shelters, but instead referred potential victims of trafficking to NGO shelters or foreign embassies over the reporting period. In 2007, one NGO reported offering protection to over 900 foreign workers who ran away from their employers in Singapore after complaining of abusive conditions; the NGO estimates that as many as 70 percent of such workers has cited conditions that may potentially meet the definition of trafficking in persons. The Philippines Embassy separately reported receiving complaints from as many as 212 of its nationals that raise concerns about trafficking; however, only three of its nationals elected to file criminal complaints with Singaporean authorities. Law enforcement efforts aimed at curbing prostitution likely resulted in victims of sex trafficking being penalized for acts committed as a direct result of being trafficked. In 2007, the police arrested 5,402 foreign women for prostitution, who were generally incarcerated then deported. The number of trafficking victims among this group is unknown; however, government measures to proactively identify potential trafficking victims among this vulnerable population, if any, appear to have been limited during the majority of the reporting period. At least 60 of those reportedly arrested and deported without being formally identified and provided with appropriate protective services were minors. The government encourages identified victims to assist in the investigation and prosecution of trafficking offenders, and makes available to all foreign victims of crime temporary immigration relief that allows them to reside in Singapore pending conclusion of their criminal case. Singapore does not otherwise provide trafficking victims with a legal alternative to removal to countries where they may face hardship or retribution.
Prevention
The Singaporean government demonstrated some increased efforts to prevent trafficking in persons during the year. The Government expanded its information campaign that aims to raise awareness among foreign workers of their rights and resources available, in an effort to prevent incidents of trafficking. It prints information on employees’ rights and police hotline numbers for domestics on prepaid phone cards. The Ministry of Manpower (MOM) has a bi-annual newsletter, published in multiple languages, that it mails directly to all 170,000 foreign domestic workers. All foreign domestic workers working in Singapore for the first time attend a compulsory course on domestic safety and their employment rights and responsibilities. The government undertook some administrative actions for violations of labor laws potentially related to trafficking, including employer fines and license suspensions for several employment agencies. In August 2007 one employer was sentenced to one year in jail for physically abusing her maid. The government did not undertake specific measures to reduce demand for commercial sex acts involving adults in the legalized commercial sex industry in Singapore. As noted above, however, the government took measures to curb participation by its nationals and others in child sex tourism by establishing extra-territorial jurisdiction over Singaporean citizens and permanent residents who sexually exploit children in other countries, and criminalizing organization or promotion of child sex tourism activities. Singapore has not ratified the 2000 UN TIP Protocol.
SLOVAK REPUBLIC (Tier 2)
The Slovak Republic is a source, transit, and limited destination country for women and girls from Moldova, Ukraine, Bulgaria, the Balkans, the Baltics, and China trafficked to Germany, Austria, the Czech Republic, Switzerland, Sweden, Italy, Austria, the Netherlands, Spain, Croatia, and Slovenia for the purpose of commercial sexual exploitation. Men from Vietnam were trafficked to Slovakia for the purpose of forced labor. Roma women and girls from Slovakia are trafficked internally for sexual exploitation.
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. The government allocated $91,000 for anti-trafficking efforts in 2007, an increase from $60,000 in 2006. In February 2008, police began investigating the country’s first identified labor trafficking case involving eight Vietnamese nationals forced to work in a cigarette factory in Bratislava. The government also made efforts to improve victim identification and assistance referral. However, the number of victims assisted by government- funded programs decreased in 2007.
Recommendations for the Slovak Republic: Increase the number of victims assisted by government- funded NGO programs; continue to improve communication between government ministries responsible for anti-trafficking initiatives; increase collaboration with NGOs by soliciting their advice and expertise on anti-trafficking projects and future efforts; provide additional trafficking-specific training for border police, customs officials, and social workers at refugee camps and asylum centers to increase the number of victims identified and referred for assistance by government officials; continue collaboration with NGOs in identifying victims among persons in police detention centers and immigration facilities; and increase domestic public awareness and trafficking prevention efforts.
Prosecution
The Government of the Slovak Republic demonstrated adequate 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 under the criminal code 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 14 trafficking investigations in 2007, including one labor trafficking investigation, compared to 20 investigations in 2006. The government prosecuted 16 defendants in four cases, compared to 32 trafficking cases in 2006. Seven trafficking offenders were convicted during the reporting period, down from 18 convicted in 2006. Most convicted traffickers were given sentences of up to two years’ imprisonment; one trafficker was sentenced to seven months’ imprisonment. There were no official cases of high-level government officials involved in trafficking during the reporting period. The government extradited one person to Austria to face trafficking charges during the reporting period.
Protection
The government demonstrated modest efforts to assist and protect victims in 2007. The Ministry of the Interior funded a new NGO program which provided shelter and assistance to four victims. In 2006, government funding to NGOs aided 10 victims; an additional 43 victims were assisted by nongovernmental-funded programs. The Ministry of Interior published a training manual and provided victim identification, referral, and sensitivity training for 490 police officers. Police identified and referred 15 victims to NGOs for assistance during the reporting period. Victims are encouraged to participate in investigations and prosecutions; foreign victims who cooperate with law enforcement are permitted to remain in Slovakia and work for the duration of the investigation or trial.
Prevention
Slovakia demonstrated limited efforts to prevent trafficking during the reporting period. The Border and Alien Police monitored the border for evidence of trafficking. The government continued to operate a 38-bed shelter for unaccompanied minors who enter the country illegally, thus helping to prevent the trafficking of this vulnerable population. In 2007, the government allocated $22,000 to develop and implement future awareness campaigns to reduce the demand for commercial sex acts. The Ministry of Education approved the use of NGO-produced anti-trafficking materials in schools in 2007, and the Ministry of Labor and Social Affairs cooperated with NGOs in a series of training and trafficking awareness activities aimed at vulnerable population groups, including Roma populations. During the reporting period, the government published a brochure educating its nationals traveling to other EU countries for employment opportunities about the dangers of trafficking. Slovakia did not provide trafficking awareness training for deployed peacekeeping officials during the reporting period.
SLOVENIA (Tier 1)
Slovenia is a transit, destination, and to a lesser extent a source country for men, women, and children trafficked from Ukraine, Slovakia, Romania, Moldova, Bulgaria, Colombia, the Dominican Republic, Turkey, Albania, and Montenegro for the purposes of commercial sexual exploitation and forced labor, including in the construction industry. In 2007, disabled men from Slovakia were trafficked to Slovenia for the purpose of forced begging. Slovenian women are trafficked within the country or to countries in Western Europe for commercial sexual exploitation.
The Government of Slovenia fully complies with the minimum standards for the elimination of trafficking. The government sustained its strong law enforcement efforts and generous victim assistance funding during the reporting period. In 2007, Slovenia increased funding for victim assistance from $85,000 to $105,000. The government also increased and diversified its public awareness efforts.
Recommendations for Slovenia: Continue vigorous investigations and prosecutions of trafficking offenses; provide trafficking awareness training for judges; continue to ensure that a majority of convicted traffickers serve some time in prison; increase the number of victims referred for assistance; and conduct a domestic demand reduction campaign for commercial sex acts.
Prosecution
The government demonstrated adequate law enforcement efforts in 2007. 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 10 years’ imprisonment. These penalties are sufficiently stringent and commensurate with those prescribed for other grave crimes, such as rape. Authorities conducted six trafficking investigations in 2007, up from three in 2006. Courts prosecuted three cases and convicted five traffickers in 2007, down from six cases prosecuted and seven traffickers convicted in 2006. Four traffickers were given sentences ranging from 15 to 57 months’ imprisonment and one convicted trafficker served no time in prison. The Slovenian Police Directorate provided eight training sessions for 165 police officers during the reporting period.
Protection
The Government of Slovenia provided quality victim assistance and protection during the reporting period, although the number of victims assisted and referred by government officials declined in 2007. The government provided $105,000 to two NGOs to provide both short-term and extended victim assistance including shelter, rehabilitative counseling, medical assistance, vocational training, and legal assistance. In 2007, these NGOs assisted 26 victims or potential victims compared to 43 victims assisted in 2006. The government continued to implement its formalized victim identification and referral mechanism during the reporting period; however, during the year, police referred only four victims to NGOs for assistance, down from 21 victims referred in 2006. After identification, victims were granted a 90-day reflection period, and were encouraged to participate in trafficking investigations and prosecutions; foreign victims who assist law enforcement are eligible to stay in Slovenia for the duration of the trial. Eight victims assisted law enforcement officials with trafficking investigations and prosecutions in 2007. Victims were not punished for unlawful acts committed as a direct result of being trafficked.
Prevention
The government increased its prevention efforts during the reporting period. Slovenia continued to fund an NGO to provide trafficking awareness classes for students in elementary and secondary schools, reaching 400 students, parents, and teachers nationwide in 2007. With government funding, one NGO conducted a radio campaign simulating a trafficking victim’s call to the NGO’s hotline to encourage victims to seek assistance. In September 2007, the Ministry of Education introduced the theme of human trafficking into the standard Slovenian primary school curriculum. Slovenia continued to monitor its borders for evidence of trafficking. The government continued to provide Slovenian troops assigned to peacekeeping missions in Kosovo and Afghanistan with trafficking awareness training. The government has not taken any measures to reduce the demand for commercial sex acts.
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 within their country for the purposes of commercial sexual exploitation and domestic servitude, while boys are trafficked internally for use in street vending, food service, and agriculture. Anecdotal evidence suggests that South African children are forced to provide unpaid labor for landowners in return for their family occupying land or accommodation, or maintaining labor tenancy rights. Child sex tourism is prevalent in a number of South Africa’s cities. South African women are trafficked transnationally to Ireland, the Middle East, and the United States for domestic servitude. Women and girls from other African countries are trafficked to South Africa for commercial sexual exploitation, domestic servitude, and other jobs in the service sector; occasionally, these women are trafficked onward to Europe for sexual exploitation. Thai, Chinese, and Eastern European women are trafficked to South Africa for debt-bonded commercial sexual exploitation. Young men and boys from Mozambique, Zimbabwe, and Malawi are trafficked to South Africa for farm work, often laboring for months in South Africa without pay before “employers” have them arrested and deported as illegal immigrants. Organized criminal groups—including Nigerian, Chinese, and Eastern European syndicates— 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 fourth consecutive year for its failure to show increasing efforts to address trafficking over the last year. The government provided inadequate data on trafficking crimes investigated or prosecuted or on resulting convictions or sentences. In addition, it did not provide information on its efforts to protect victims of trafficking and continued to deport and/or prosecute suspected foreign victims without providing appropriate protective services.
Recommendations for South Africa: Fully implement the trafficking provisions of the Sexual Offenses and Children’s Acts and raise awareness among all levels of relevant government officials as to their responsibilities under these provisions; develop and employ national procedures for victim protection, including the identification of trafficking victims among undocumented immigrants; and regularly compile national statistics on the number of trafficking cases prosecuted and victims assisted, as is done for other crimes.
Prosecution
The South African government did not provide information on anti-trafficking investigations that resulted in the punishment of any traffickers in 2007. For the majority of the reporting period, South Africa did not have laws that specifically prohibited trafficking in persons, though a variety of other criminal statutes, such as the Prevention of Organized Crime Act, were used to prosecute trafficking crimes. Law enforcement authorities could also use existing laws prohibiting involuntary servitude, child labor, and forced labor to prosecute labor trafficking cases, but do not appear to have done so. The lack of specific anti-trafficking statutes and explicit penalties for trafficking crimes continued to hamper South African law enforcement efforts in 2007, 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, in December 2007, several sections of the Sexual Offenses Amendment Act came into force, including Chapter 7 Part 6 which contains broad provisions against sex trafficking, but makes no provision for victim protection. Implementing regulations for the Children’s Act of 2005 remained unfinished, preventing use of the law’s provisions on child trafficking. The comment period on a draft comprehensive human trafficking bill closed in June 2007 and the South African Law Reform Commission (SALRC) staff finalized the text to be recommended to the Department of Justice in early 2008. Although the government initiated a number of significant investigations during the reporting period, it made little progress in prosecuting or convicting suspected traffickers. In November 2007, new racketeering charges were filed against the suspected trafficker in a December 2006 sex trafficking case involving Thai women. Four cooperating Thai witnesses remain in protective custody and are expected to testify when the case comes to trial in May 2008. In July 2007, ten Thai women were arrested, along with their two Indian and Thai traffickers, at a brothel in Durban. Three women agreed to testify for the state and remain under government protection; seven women and their alleged traffickers await prosecution. After receiving a tip from Zimbabwean police in June 2007, the South African Police Service (SAPS) arrested a South African man for allegedly trafficking a Zimbabwean woman to South Africa with promises of a job. While he was initially taken into custody under charges of violating migration laws and the Sexual Offenses Act, the status of this case is unknown. Because some parents had given consent for the initial travel, the Cape Town magistrate’s court dismissed, in December 2007, charges against a man accused of trafficking boys to the city for street vending and detaining them against their will without pay. In March 2008, the SAPS arrested 27 prostituted Chinese women, as well as the seven men accused of transporting them to South Africa and selling them into the sex trade; a police spokesman indicated that the women entered the country illegally and would be deported. The status of the Department of Labor’s investigations, if any, into cases involving child labor trafficking is unknown; also unknown are any prosecutions of child labor trafficking. In early 2007, Labor Department officials conducted a week of surprise visits to homes employing adult domestic workers to inspect working conditions; the results of these inspections are unknown. The government did not provide information on the status of pending cases reported in 2006. The South African Police Service has a Human Trafficking Desk within its Organized Crime Unit; the government did not provide information related to actions or investigations taken by the Desk during the reporting period. The government did not document or track anti-trafficking law enforcement efforts or provide specialized anti-trafficking training to law enforcement, prosecutorial, or judicial personnel. During 2007, there was little cross-border cooperation on human trafficking between the government and its neighbors. Some local law enforcement officials are believed to be connected with organized criminal elements that engage in human trafficking.
Protection
Government protection for trafficking victims during the reporting period remained inadequate, and formal protocols to identify and care for trafficking victims were lacking. Police referred an unknown number of internal child trafficking victims to local NGO-run shelters during the reporting period. As part of its ongoing program to assist organizations that shelter vulnerable populations, the government granted funding to some facilities that provided housing for trafficking victims, though not in a consistent or timely fashion. In 2007, the Department of Home Affairs referred one foreign child victim of trafficking to IOM for assistance. The Department of Social Development (DSD) provided the victim with shelter accommodation, schooling, and basic needs. However, DSD did not refer any children to IOM for assistance during the reporting period. It is unknown whether law enforcement or social service officials referred foreign victims directly to other organizations in 2007. Organizations working to help trafficked children continued to lament South Africa’s shortage of social workers, a situation resulting in inadequate case monitoring and follow-up, and failure in some cases to accompany children to court. The government actively encouraged victims’ assistance in the investigation and prosecution of their traffickers; South Africa’s witness protection program safeguarded at least seven Thai trafficking victims during the year to enable their involvement. The government provided these witnesses shelter and modest food stipends. Despite this positive development, the government continued to arrest and, at times, prosecute suspected trafficking victims for unlawful acts committed as a direct result of their being trafficked, as noted in the aforementioned case of the 27 Chinese women. In addition, extensive delays in scheduling court appearances have resulted in some alleged victims choosing not to testify during the trial of their traffickers. However, the new Sexual Offenses Act states that sex trafficking victims are not liable to stand trial for any criminal offense, including any migration-related offense, which was committed as a direct result of being trafficked. No similar provision exists for victims of labor trafficking. The lack of national coordination and procedures for victim protection continued to lead to deportation of most foreign victims before they were provided protective services or were able to give evidence in court. Immigration officials did not attempt to identify trafficking victims among the thousands of undocumented foreigners they detained—notably Zimbabweans and Mozambicans—before deporting them.
Prevention
The government demonstrated minimal progress in combating human trafficking through prevention efforts. It conducted no anti-trafficking information or education campaigns during the reporting period. The Sexual Offenses and Community Affairs Unit of the National Prosecuting Authority (NPA/SOCA) serves as the de facto lead of the government’s anti-trafficking effort and chairs the Trafficking in Persons Inter-sectoral Task Team made up of government departments, IOM, UNODC, and a local NGO. The Task Team produced no significant outcomes in 2007. In January 2008, NPA/SOCA established an internal Human Trafficking Unit comprised of a national trafficking coordinator and a program manager. This Unit is tasked with reviving the Intersectoral Task Team and undertaking data gathering and public awareness raising activities, as outlined in the government’s 2006 anti-trafficking plan of action. NPA/SOCA launched a website in December 2007 outlining its proposed strategy for responding to human trafficking. The website also provides the public with information on the nature of human trafficking and instructions for reporting a case or obtaining victim assistance. The government made no progress in investigating the cross-border trafficking of Mozambican, Malawian, and Zimbabwean children for agricultural labor. In January 2008, however, the government signed a Memorandum of Understanding with the Zimbabwean government to conduct a joint project to regularize the status of illegal Zimbabwean migrant farm workers in South Africa’s Limpopo Province and ensure them proper employment conditions. The government did not undertake efforts to reduce domestic demand for commercial sex acts or to combat child sex tourism during the reporting period. All South African troops destined for peacekeeping missions abroad are provided training on sexual exploitation issues prior to their deployment.
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, although victims are also trafficked from other areas of Latin America, Eastern Europe, and Africa. In smaller numbers, Chinese victims are trafficked to Spain primarily for labor exploitation.
The Government of Spain fully complies with the minimum standards for the elimination of trafficking. Spain undertook sustained measures to assist trafficking victims, prosecute traffickers, provide anti-trafficking law enforcement statistics, prevent trafficking, and reduce the demand for commercial sex.
Recommendations for Spain: Establish a formal referral mechanism and procedures for victim identification; implement a national action plan to combat trafficking; expand commercial sex and child sex tourism demand reduction campaigns; and continue to seek active participation from NGOs on anti-trafficking efforts, including policy initiatives.
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. The prescribed penalties for sex trafficking is five to 15 years’ imprisonment, and the penalty for labor trafficking is four to 12 years in prison. These are sufficiently stringent, and the penalties prescribed for sex trafficking are commensurate with the prescribed penalties for rape. The government implemented new legislation in 2007 that increased prescribed penalties for trafficking by two to six years in prison if the offender is found to be part of a criminal organization, and passed additional legislation in 2007 that allows Spanish courts to prosecute cases of trafficking that have occurred outside Spain’s borders. During the reporting period, police arrested 530 individuals for sex trafficking and 161 for labor trafficking. Government officials prosecuted 102 trafficking cases, convicted 142 trafficking offenders, and imposed an average prison sentence of 4.6 years on those convicted. Over 67 percent of these sentences were greater than four years, and approximately 25 percent of the convictions resulted in a fine and/ or suspended sentence. Spain announced in early 2008 that it would allot $8.6 million to fund an anti-trafficking cooperation agreement with several Central American countries.
Protection
The government sustained impressive efforts to provide care for trafficking victims during the reporting period. In 2007, Spain increased funding to anti-trafficking NGOs providing care to victims. Spain does not have a formal mechanism for referring victims to service providers; however, Spanish police continued informally to refer rescued victims to NGOs providing temporary shelter and rehabilitation services. Victims receive medical assistance, including emergency care, through the national health care system. The police identified 1,035 sex trafficking victims and 445 labor trafficking victims in 2007. The government encourages foreign 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. There is no indication that victims are inappropriately incarcerated, fined, or penalized for unlawful acts committed as a direct result of being trafficked. Spain does not employ formal procedures for identifying victims among vulnerable groups, such as women in prostitution.
Prevention
Spain sustained efforts to raise awareness about trafficking over the past year. The Spanish government instituted a toll-free hotline that offers trafficking victims and potential victims information. Regional offices of the national police conduct quarterly reviews to set goals for combating trafficking and to assess progress. Spain has not yet, however, enacted its National Integral Plan Against Trafficking in Persons which was expected to be finalized in 2007. The plan includes a government pledge of almost $45 million per year and the dedication of over 200 new police and civil guards to its enforcement. Local governments continued demand-reduction campaigns. The city of Madrid targeted potential sex solicitors with the slogan, “Do not contribute to the perpetuation of 21st Century Slavery.” Spanish military troops deploying abroad as international peacekeepers received anti-trafficking training through participation in multilateral training efforts. Under the motto “There Are No Excuses,” the Spanish government warned travelers against child sex tourism. In January 2008, the Ministries of Labor and Social Affairs and Foreign Affairs teamed up with Save the Children to host an international conference on child trafficking, which addressed child sex tourism.
SRI LANKA (Tier 2 Watch List)
Sri Lanka is a source and destination country for men and women trafficked for the purposes of involuntary servitude and commercial sexual exploitation. Sri Lankan men and women migrate willingly to Kuwait, Jordan, Saudi Arabia, Qatar, Lebanon, the United Arab Emirates, Singapore, Hong Kong, Malaysia, and South Korea to work as construction workers, domestic servants, or garment factory workers. However, some find themselves in situations of involuntary servitude when faced with restrictions on movement, withholding of passports, threats, physical or sexual abuse, and debt bondage that is, in some instances, facilitated by large pre-departure fees imposed by recruitment agents. Children are trafficked internally for commercial sexual exploitation and, less frequently, for forced labor. The designated Foreign Terrorist Organization Liberation Tigers of Tamil Eelam (LTTE) continued to recruit, sometimes forcibly, children for use as soldiers in areas outside of the Sri Lankan government’s control. Government security forces may also be complicit in letting a pro-government paramilitary organization recruit, sometimes forcibly, child soldiers. Reports also indicate that a small number of women from Thailand, China, Russia, and other countries of the Newly Independent States are trafficked into Sri Lanka for commercial sexual exploitation. In November 2007, over 100 Sri Lankan peacekeeping soldiers were repatriated based on accusations that they engaged in sexual misconduct, some cases involving minors, in Haiti.
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 failing to provide evidence of increasing efforts to combat severe forms of trafficking in persons over the previous year, particularly in the area of law enforcement. The government failed to arrest, prosecute, or convict any person for trafficking offenses and continued to punish some victims of trafficking for crimes committed as a result of being trafficked. At the same time, Sri Lanka protected some victims of trafficking, including Sri Lankan nationals trafficked abroad. The government appointed a focal point on trafficking in persons in July, who convenes a monthly anti-trafficking working group to develop and coordinate anti-trafficking policy.
Recommendations for Sri Lanka: Significantly improve record of prosecutions, convictions, and sentences; institute a formal procedure to identify victims of trafficking among vulnerable groups, such as women arrested for prostitution; ensure that victims of trafficking are not arrested, punished or automatically deported for acts committed as a result of being trafficked; and further train law enforcement officers on victim identification and protection.
Prosecution
Sri Lanka made little 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. Trafficking offenses are punishable by up to 20 years’ imprisonment; these penalties are commensurate with those assigned for other grave crimes. While the government took administrative action against 350 labor recruiters engaging in fraudulent recruitment practices, it did not criminally prosecute, convict, or sentence recruiters for practices that amounted to trafficking. The government initiated one investigation of a recruitment agent involved in a case where three females were to be trafficked to Saudi Arabia as domestic servants. Sri Lanka similarly failed to report any prosecutions or convictions for trafficking for commercial sexual exploitation, including trafficking of children. Sri Lanka, in cooperation with the UN, launched an investigation into allegations of the complicity in sexual misconduct of Sri Lankan peacekeepers in Haiti, including sexual exploitation of minors. The government investigated 47 cases of child abduction for forced labor as child soldiers, resulting in 37 being returned home. No arrests, prosecutions, or convictions were made in relation to these cases, however. There were no public officials arrested for facilitating trafficking, nor were there substantiated reports that any officials were involved in trafficking.
Protection
The Sri Lankan government’s efforts to provide protection for trafficking victims improved nominally, but remained limited. The government did not provide foreign trafficking victims with legal alternatives to their removal to countries where they would suffer retribution or hardship. Sri Lanka also failed to ensure that victims of trafficking were not punished for acts committed as a result of being trafficked. Of particular concern are ongoing reports that women arrested on suspicion of being trafficked into Sri Lanka for the purpose of sexual exploitation were asked to pay fines in exchange for release from prison and were usually deported thereafter. Law enforcement officers continue to lack a formal system to identify potential victims of trafficking. The government does not provide specialized training for victim identification, though law enforcement officers participated in NGO-provided training. For Sri Lankan victims, the government relies primarily on NGOs to provide victim protection services due to resource constraints. Police encourage these victims to assist in investigations against their traffickers, but do not undertake any specific measures to ensure victim or witness safety. For Sri Lankan victims trafficked overseas, the government operates shelters in diplomatic missions, offers repatriation assistance, and provides compensation to some who have registered with the government before leaving. In early 2008, the government paid for the repatriation of over 200 Sri Lankan domestic workers from safe houses in the Middle East. For repatriated Sri Lankan victims, however, there is little government effort to investigate the crimes committed against them. Limited aid is offered in terms of shelter, counseling, and medical care upon return. The government opened two temporary shelters for women who are victims of violence, and these were made available to trafficking victims. The government established an inter-ministerial committee to address the issue of child soldiers. Sri Lanka provides two rehabilitation centers specifically for children conscripted as soldiers; since their establishment in 2005, the rehabilitation centers have assisted 52 children.
Prevention
Sri Lanka made modest efforts to prevent trafficking in persons during the reporting period. In August 2007, the Bureau of Foreign Employment (BFE) began requiring that all overseas employment contracts be signed in the presence a BFE official to ensure that migrant workers understand the contracts’ terms. The government conducted 26 awareness campaigns on child sexual exploitation among teachers, students, hotel staff, taxi and rikshaw drivers, and others employed in the tourism industry. In February 2008, the government established a hotline for complaints about child labor, sexual exploitation, and other abuses. 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 women trafficked abroad for domestic servitude. Sudanese women and girls are trafficked within the country, as well as possibly to Middle Eastern countries such as Qatar, for domestic servitude. In 2007, Greek law enforcement authorities identified a female sex trafficking victim from Sudan. 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. In March 2007, six Sudanese girls were abducted by the LRA near Maridi, Western Equatoria. Sudanese children are unlawfully conscripted, at times through abduction, and utilized by armed rebel groups—including all SLA factions, the Popular Defense Forces, Janjaweed militia, and Chadian opposition forces—in Sudan’s ongoing conflict in Darfur; the Sudanese Armed Forces and associated militias also continue to exploit young children in this region. There were confirmed reports of unlawful child recruitment in mid-2007 by the JEM/Peace Wing among communities of internally displaced persons in Dereig, South Darfur. 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. 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 few years, inter-tribal abductions continue in southern Sudan, especially in Jonglei and Eastern Equatoria states.
The Government of National Unity of Sudan does not fully comply with the minimum standards for the elimination of trafficking and is not making significant efforts to do so. While the government did take limited steps to demobilize child soldiers, combating human trafficking through law enforcement or prevention measures was not a priority for the government in 2007.
Recommendations for Sudan: Demobilize all remaining child soldiers from the ranks of the armed forces, as well as those of aligned militias; take steps to identify and provide protective services to all types of trafficking victims found within the country; and make a much stronger effort, through a comprehensive policy approach that involves all vested parties, to identify, retrieve, and reintegrate abductees who still remain in situations of enslavement.
Prosecution
The government’s anti-trafficking law enforcement efforts were negligible during the reporting period; it did not investigate or prosecute any suspected trafficking cases. 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, 163, and 164, criminalize abduction, luring, and forced labor, respectively. The Interim National Constitution prohibits slavery and forced labor. No trafficker has ever been prosecuted under these articles. In 2007, the Council of Ministers approved the Child Protection Act, which prohibits the recruitment or enlistment of soldiers under the age of 18; the act must be approved by the parliament before it can be implemented. The draft Sudan Armed Forces Act, which was expected to be debated in the National Assembly in October 2006, was returned to the Council of Ministers for review. The bill prescribes criminal penalties for persons who recruit children under 18 years of age, as well as for a range of human rights violations, including abduction and enslavement. In June 2007, Southern Sudan’s Child Protection Act of 2006, which prohibits the recruitment of children, passed its first reading in the Southern Sudan Assembly and is now in its second reading. The government does not document or track anti-trafficking law enforcement efforts; nor does it provide specialized anti-trafficking training to law enforcement, prosecutorial, and judicial personnel.
Protection
Sudan’s Government of National Unity (GNU) made only minimal efforts to protect victims of trafficking and focused primarily on the demobilization of child soldiers during the last year. The government continued to have funding and capacity gaps in its own entities involved in combating trafficking, and the GNU continued to demonstrate extremely low levels of cooperation with humanitarian workers in the Darfur region on a broad spectrum of issues, including human trafficking. In 2006, the GNU and the Government of Southern Sudan (GoSS) passed legislation formally establishing the National Disarmament, Demobilization, and Reintegration (DDR) Commission, and its Northern and Southern components—the Northern Sudan DDR Commission (NSDDRC), and the Southern Sudan DDR Commission (SSDDRC), respectively. During the period, disarmament, demobilization, and reintegration commissions were established in the northern cities of Nyala, Geneina, and El Fasher, and provided with staff. However, while the training of staff in child protection and the demobilization and reintegration of children began, the work of these commissions cannot commence in the absence of a clear agreement between the GNU and armed groups as to how to proceed. In 2007, the NSDDRC demobilized 283 children serving with the Sudan People’s Liberation Army (SPLA) in South Kordofan. The NSDDRC also facilitated cross-border return to Bentiu of child soldiers demobilized from the SPLA. The staff of the SSDDRC grew to 225 people in 2007 and representatives were posted to all southern states. In contrast to the previous reporting period, SSDDRC staff received salaries and training on child protection, demobilization, reintegration, and family tracing. The SSDDRC, with the coordination of and assistance from UNICEF, demobilized approximately 1,000 child soldiers, including girls, between 2006 and 2007, with 1,500 remaining, including 227 at an SPLA camp in Southern Blue Nile. The SSDDRC continued to register child soldiers throughout the year and coordinated with the NSDDRC to trace and reunify them with their families. 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 majority of the reporting period. Before March 2008, 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. However, in early March 2008, the GoSS provided CEAWC with $1 million to resume its program; soon after, CEAWC negotiated the release of 95 individuals in the Nyala region and 71 individuals in the Ed Daein region of South Darfur from their abductors, and transported them to transit centers. However, the return process was fraught with serious protection concerns. Reports indicate that CEAWC’s community workers regularly denied social workers from the State Ministries of Social Welfare access to those arriving at the transit centers, and prevented UN staff from interviewing new arrivals, visiting the transit centers, and viewing convoy departure manifests. CEAWC arranged convoys to transport released abductees to the south, but failed to provide access to sufficient food and water. In addition, CEAWC made no preparation to provide for the basic needs or shelter of the former abductees after their arrival in southern Sudan; lacks a mechanism to conduct family tracing or reintegrate abductees into their former communities; and does not follow up with the abductees after their return to assess their well being or the success of their integration. In April 2007, the Governments of Sudan and the United Arab Emirates (U.A.E.) signed a Memorandum of Understanding to establish claims facilities to compensate Sudanese children who worked as camel jockeys in the U.A.E. for their injuries. In June 2007, three child camel jockeys were repatriated from the U.A.E and received by their extended families. In January 2007, the Khartoum State Police established a child and family protection unit with the support of UNICEF. The unit, which offers various services such as legal aid and psychosocial support, assisted more than 400 child victims of abuse and sexual violence and could potentially provide these services to trafficking victims. Similar units are slated to open in Western Darfur, Ghedaref, and Kassala States.
Prevention
The government made limited efforts to prevent future incidences of trafficking during the reporting period. The National Council on Child Welfare collaborated with UNICEF to launch a comprehensive child protection awareness campaign in North Kordofan as part of the celebration of the June 2007 Day of the African Child. Aiming to create a greater community response to grave child rights violations, the campaign was also launched in Darfur, Eastern Sudan, Khartoum, and the three areas, and consists of messages on a number of child protection issues, including unlawful child recruitment and sexual and gender-based violence. Sudan has not ratified the 2000 UN TIP Protocol.
SURINAME (Tier 2)
Suriname is principally a destination and transit country for men, women, and children trafficked transnationally for the purposes of commercial sexual exploitation and forced labor. It is also a source country for underage Surinamese girls, and increasingly boys, trafficked internally for sexual exploitation. Some of these children are trafficked into the sex trade surrounding gold mining camps in the country’s interior. Foreign girls and women from Guyana, Brazil, the Dominican Republic, and Colombia are trafficked into Suriname for commercial sexual exploitation; some transit Suriname en route to Europe. Chinese men are subjected to possible debt bondage in Suriname, and are subject to forced labor in supermarkets and the construction sector. Chinese women reportedly are exploited sexually in massage parlors and brothels. Haitian migrants, typically en route to French Guiana, sometimes are forced to work in Surinamese agriculture.
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 sustained a moderate level of law enforcement action against trafficking crimes, and modestly improved victim assistance and prevention efforts. However, official complicity with suspected trafficking activity is an area for concern.
Recommendations for Suriname: Intensify efforts to identify, prosecute, and adequately punish trafficking offenders; commence criminal prosecutions of corrupt public officials who may facilitate trafficking activity; investigate reports of forced labor; dedicate more resources for victim assistance; and amend anti-trafficking laws to better protect foreign trafficking victims.
Prosecution
The Surinamese government sustained moderate anti-trafficking law enforcement efforts over the last year. Suriname prohibits all forms of human trafficking through its criminal code, prescribing punishment from five to 20 years’ imprisonment. These punishments are sufficiently stringent and commensurate with those prescribed for other grave crimes, such as rape. An interagency anti-trafficking in persons working group leads government efforts to investigate and prosecute traffickers. During the reporting period, the government convicted a defendant charged with trafficking Brazilian women into prostitution, and sentenced him to 2.5 years in prison. A trial against four brothel owners charged with trafficking women from the Dominican Republic for sexual exploitation continued. In February 2008, police arrested two brothel owners for trafficking Brazilian women into the country; these cases are pending. An anti-trafficking police unit randomly checked brothels for children as well as adults in forced or coerced conditions. Police cooperated with authorities in Guyana and the Dominican Republic on transnational trafficking cases, and sought improved cooperation with Colombia, the Netherlands Antilles, and French Guiana. There were reports that some Surinamese immigration and customs officials facilitated trafficking into the country by accepting bribes. No prosecutions of such trafficking complicity have been initiated, although investigations of these allegations continue.
Protection
The government made modest improvements to protect victims of trafficking during the year. Police and prosecutors relied chiefly on civil society partners, particularly a recently established NGO, the Trafficking-in-Persons Foundation, to shelter and assist victims. The government assisted these NGOs with finding safe houses to shelter victims, and worked closely with consular representatives from other countries on repatriation efforts. The government also extended services provided to domestic violence victims to trafficking victims, and widely distributed among key personnel an operations manual on how to identify and treat trafficking victims. Surinamese authorities encourage victims to assist in the investigation and prosecution of their traffickers. There were reports that some foreign victims were incarcerated and deported for immigration violations. Suriname does not provide legal alternatives to the removal of foreign victims to countries where they face hardship or retribution. The government’s anti-trafficking in persons working group is finalizing draft legislation to provide trafficking victims with temporary residency status. Suriname continued discussions with governments in neighboring Guyana, French Guiana, and Brazil on modalities for repatriating trafficking victims.
Prevention
The government improved prevention efforts during the reporting period. Senior officials continued to condemn and draw public attention to the problem of human trafficking in Suriname. The government’s anti-trafficking in persons working group worked with IOM to implement awareness-raising campaigns across the country, reaching approximately 40,000 people. Outreach activities also were directed to the nation’s border area with Guyana, where many trafficking victims enter the country. Military police, who man ports of entry in this area, were trained on identifying potential trafficking victims. The anti-trafficking in persons working group also issued widespread media warnings about potential trafficking activity after suspicious advertisements were placed in local newspapers recruiting young people to work abroad. However, no discernable government campaigns to reduce demand for commercial sex acts took place during the reporting period. Suriname has not ratified the 2000 UN TIP Protocol.
SWEDEN (Tier 1)
Sweden is a destination, and, to a lesser extent, a transit country for women and children trafficked from Estonia, Russia, Poland, Albania, Slovakia, Nigeria, Hungary, Serbia, Montenegro, Macedonia, Venezuela, and Thailand for the purpose of commercial sexual exploitation. Some of these women and children are trafficked on to Norway, Denmark, Germany, and the United Kingdom. In 2007, police noted an increase in women and children under the age of 15 trafficked from Romania and Bulgaria for the purposes of forced begging and petty theft. Authorities also observed a renewed influx of unaccompanied Chinese children, 23 of whom disappeared from Swedish asylum centers in June 2007; authorities believe these children were eventually trafficked to the United Kingdom for forced labor. Boys and young men from the United Kingdom were trafficked to Sweden for the purpose of forced labor; these victims were forced to work on construction sites, lay asphalt, do yard work, and perform other odd jobs.
The Government of Sweden fully complies with the minimum standards for the elimination of trafficking. Beginning in July 2007, all foreign victims of trafficking were granted temporary residence permits for a minimum 30-day reflection period to consider whether to cooperate with law enforcement. In December 2007, the government adopted a national action plan on child sexual exploitation, improved awareness on trafficking issues, and increased internal and international cooperation to combat child sex tourism. The government continued to fund both awareness and victim assistance programs in trafficking source countries.
Recommendations for Sweden: Develop action plans in larger cities to encourage greater victim participation in investigations and prosecutions; consider clarifying the 2002 anti-trafficking law to increase the number of successful prosecutions; continue training for judges on the application of the anti-trafficking law to ensure more convicted traffickers are prescribed sentences that are commensurate with available trafficking penalties; strongly increase efforts to address labor trafficking; and continue efforts to better identify, address, and prevent child trafficking to Sweden.
Prosecution
Over the last year, the Government of Sweden sustained strong law enforcement efforts to fight sex trafficking, but made limited efforts to address labor trafficking. Sweden’s 2002 anti-trafficking law prohibits trafficking for both sexual exploitation and forced labor, which prescribes penalties of two to 10 years’ imprisonment, which are commensurate with penalties prescribed for other grave crimes. Prosecutors continued, however, to rely on a prostitution procurement law with weaker penalties to prosecute and convict a number of sex traffickers. In 2007, police conducted 15 trafficking investigations, a decrease from 28 investigations in 2006. Authorities prosecuted and convicted two sex traffickers using the anti-trafficking law and 11 using the procurement statute, down from 21 prosecutions and convictions in 2006. One trafficker was sentenced to up to eight years’ imprisonment, one trafficker was sentenced to 14 months’ imprisonment, and 11 traffickers were sentenced to up to two years’ imprisonment; no trafficking sentences were suspended. Authorities reported 34 cases of labor trafficking in 2007, though the government failed to prosecute or convict any labor traffickers. Authorities did work with British and Irish counterparts, however, on several labor trafficking investigations over the reporting period.
Protection
Sweden continued to provide adequate victim assistance both domestically and in source countries during the reporting period. The government continued to fund NGOs in Sweden and abroad to provide victim rehabilitation, health care, vocational training, and legal assistance. Swedish authorities encourage victims to participate in trafficking investigations and prosecutions; identified foreign victims are granted a minimum 30-day temporary residency permit that provides victims with access to health care and social services. Over the reporting period, 11 female victims stayed in state-funded shelters and 10 received temporary residency permits. Victims who decline to participate in investigations are subject to deportation. The Swedish government does not offer legal alternatives to the removal of foreign victims to countries where they face hardship or retribution. In 2007, authorities deported one victim to Nigeria. There are no government programs for assistance to repatriated victims; however, some state-funded NGOs have programs to ensure victims from specific source countries are provided with safe repatriation. The government ensures that victims are not penalized for unlawful acts committed as a result of their being trafficked.
Prevention
The Government of Sweden continued its trafficking prevention efforts. In 2007, the Swedish International Development Agency (SIDA) continued funding awareness-building projects in the former Yugoslavia, Romania, Albania, and Bulgaria. SIDA also contributed $42,000 to a UNODC project based in Brazil to counter trafficking and migrant smuggling. The Ministry of Foreign Affairs eliminated the position of Swedish Ambassador for International Cooperation against Trafficking in Human Beings. Sweden adequately monitored immigration patterns for evidence of trafficking and continued its annual report, assessing trafficking trends and government efforts. In March 2007, the Swedish National Defense Ministry adopted new regulations, organized an education campaign, and distributed anti-trafficking awareness material to Swedish troops being deployed as international peacekeepers.
SWITZERLAND (Tier 1)
Switzerland is primarily a destination and, to a lesser extent, a transit country for women trafficked from Hungary, Poland, Bulgaria, Slovakia, the Czech Republic, Slovenia, Ukraine, Moldova, Brazil, the Dominican Republic, Thailand, Cambodia, Nigeria, and Cameroon for the purpose of commercial sexual exploitation. Swiss authorities noted an increase in the number of women trafficked from Eastern Europe, specifically Romania, for sexual exploitation. Limited cases of trafficking for the purpose of domestic servitude and labor exploitation also were reported.
The Government of Switzerland fully complies with the minimum standards for the elimination of trafficking. In January 2008, a new Swiss federal law entered into force granting trafficking victims a stay of deportation proceedings and strengthening the legal status of trafficking victims and witnesses. The Swiss Police Academy also held two anti-trafficking training classes for police officers from around the country. The government provided $1.4 million to international organizations and NGOs to provide victim assistance and conduct awareness efforts in source countries.
Recommendations forSwitzerland: Increase the number of convicted traffickers serving time in prison; continue to provide training for Border Guard officials to improve identification of potential victims; continue to improve the collection of trafficking law enforcement data; and sustain efforts after the 2008 European Soccer Cup to reduce the domestic demand for commercial sex acts.
Prosecution
The Government of Switzerland demonstrated anti-trafficking 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, which prescribes penalties of up to 20 years’ imprisonment and are commensurate with penalties prescribed for other grave crimes, such as rape. During the reporting period, authorities conducted at least 28 investigations, down from 39 in 2006. Authorities reported preliminary data of at least nine prosecutions in 2007, compared to 20 prosecutions reported in 2006. Courts reported convicting nine traffickers in 2007, compared to 20 reported convictions in 2006. Of those reported convicted, one trafficker was sentenced to 10 months’ imprisonment and one trafficker was sentenced to 2.5 years’ imprisonment; the remaining seven traffickers received suspended sentences or a fine and served no time in prison. In comparison, six of 20 trafficking offenders convicted in 2006 were reportedly given imposed sentences of between two to four years’ imprisonment while 13 traffickers reportedly served no time in prison. During the reporting period, the Swiss Federal Office of Police reorganized and hired new staff to increase efforts to fight trafficking in persons.
Protection
The government continued to improve its victim protection efforts during the reporting period. In January 2008, a new Swiss federal law entered into force, formalizing a 30-day reflection period for victims of trafficking and authorizing the Swiss federal government to assist victims logistically and financially with repatriation to their countries of origin. In 2007, cantonal immigration authorities offered 33 trafficking victims 30-day reflection periods, compared to 39 victims in 2006. Six victims were offered short-term residency permits to stay in Switzerland for the duration of the legal proceedings against their traffickers, compared to three in 2006. Four victims were granted long-term residency permits on the grounds of personal hardship, compared to three in 2006. The Swiss government continued funding for NGOs to provide victim assistance services and shelter for victims. In 2006, the most recent year for which information was available, 80 victims received government-funded assistance compared to 126 victims reported from the previous year. In 2006, at least 65 victims assisted law enforcement by testifying against their traffickers. Ten out of 26 cantons have a formal procedure for victim identification and referral. Victims were not penalized for unlawful acts committed as a result of their being trafficked.
Prevention
Switzerland continued its prevention efforts in 2007. The government again funded NGOs to carry out prevention campaigns in various countries including Cambodia, Mongolia, Burma, Moldova, Russia, and Lebanon. The Government of Switzerland provided anti-trafficking training to its troops being deployed abroad as international peacekeepers and maintained its zero-tolerance policy regarding any acts of sexual exploitation committed by these military personnel. Although the Swiss Border Guard monitored migration patterns for evidence of trafficking, authorities reported difficulty with identifying potential victims at border check-points. The government partially funded an NGO-run public awareness campaign targeting male clients of commercial sex leading up to the European Soccer Cup in Summer 2008. During the reporting period, one Swiss national was charged with traveling to Madagascar for the purpose of child sex tourism. In another case, Swiss authorities assisted Cambodian officials with the investigation of a Swiss national who was later convicted of child sexual exploitation in Cambodia and sentenced to 11 years’ imprisonment.
SYRIA (Tier 3)
Syria is a destination and transit country for women and children trafficked for commercial sexual exploitation and forced labor. A significant number of women and children in the large and expanding Iraqi refugee community in Syria are reportedly forced into commercial sexual exploitation by Iraqi gangs or, in some cases, their families. Similarly, women from Somalia and Eastern Europe are trafficked into commercial sexual exploitation. 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. Anecdotal evidence suggests that Syria may be a destination for sex tourism from other countries in the region. In addition, 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, restrictions on movement, threats, and physical or sexual abuse. Syria may also be a transit point for Iraqi women and girls trafficked to Kuwait, the United Arab Emirates (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. Syria again failed to report any law enforcement efforts to punish trafficking offenses over the last 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.
Recommendations for Syria: Significantly increase law enforcement against trafficking offenders by prosecuting and punishing them with prison sentences; improve protection for victims by providing shelter, medical, and psychological services or institute a formal referral system to ensure that victims receive such care from NGOs; provide funding or in-kind assistance to NGOs offering protection services to victims of trafficking; and institute and apply a formal procedure to identify trafficking victims among individuals arrested for consensual prostitution or illegal immigration. It is particularly important that the government cease housing minor victims of commercial sexual exploitation in detention centers.
Prosecution
The Government of Syria made no discernible efforts to criminally punish trafficking crimes during the reporting period. Syria does not specifically prohibit any form of trafficking in persons, but its government could use statutes against kidnapping, pimping, and sexual assault to prosecute some trafficking cases. In addition, Article 3 of Law 10 of 1961 prohibits prostituting a minor less than 16 years old, with a prescribed penalty of one to seven years’ imprisonment. This penalty is sufficiently stringent and commensurate with the penalty for other grave crimes, such as rape. Decree 81 sets guidelines for conditions of domestic workers; prescribed penalties for violation are imprisonment for an unspecified length of time or fines of only $2,which are not sufficiently stringent to deter the offense of forced labor. During this reporting period, Syria did not report any investigations, arrests, prosecutions, convictions, or punishments of trafficking offenses. In addition, despite reports that many police officials take bribes to ignore prostitution, the government reported no law enforcement efforts to combat government complicity in trafficking.
Protection
During the year, the Syrian government made limited progress in protecting trafficking victims. The government does not have a shelter to protect victims of trafficking, but in December, the Ministry of Social Affairs and Labor approved the opening of an IOM-operated shelter. The government also approved the creation of a formal system for police, immigration officers, judges, and other government officials to refer victims of trafficking to the planned IOM shelter; to date, no one has been referred by the government to an existing shelter run by international NGO Caritas. The government continues to lack formal victim identification procedures to identify potential trafficking victims among vulnerable populations, such as illegal migrants or women arrested for prostitution. As a result, victims of trafficking were arrested and charged with prostitution or violating immigration laws. Anecdotal reports also suggest that some foreign women in prison on prostitution charges have been beaten by prison officials. Another source reported that Syrian authorities will often release incarcerated Iraqi women and minors in prostitution to their traffickers. Child victims of commercial sexual exploitation are housed in juvenile detention facilities, rather than referred to protective services offered by NGOs. Syria does not actively encourage victims to assist in investigations or prosecutions of their traffickers and does not provide foreign victims with legal alternatives to their removal to countries in which they may face hardship or retribution. The government does not fund anti-trafficking training for law enforcement officers, but officials from the Ministry of Interior received training organized and funded by IOM on victim sensitivity.
Prevention
Syria took minimal steps to prevent trafficking over the year. In January 2008, the Ministry of Interior co-sponsored with IOM a three-day conference designed to raise awareness among parliamentarians and journalists on trafficking. In addition, Syria did not conduct any public awareness campaigns to educate employers and workers on the rights of domestic workers. Syria also did not take any measures to reduce the demand for commercial sex acts. Similarly, the government did not undertake any public awareness campaigns targeting citizens traveling to known child sex tourism destinations abroad. 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. It is also a source of women trafficked to Japan, Australia, the United Kingdom, and the United States. Women and girls from the People’s Republic of China (P.R.C.) and Southeast Asian countries are trafficked to Taiwan through fraudulent marriages, deceptive employment offers, and illegal smuggling for sexual exploitation and forced labor. Many trafficking victims are workers from rural areas of Vietnam, Thailand, Indonesia, and the Philippines, employed through recruitment agencies and brokers to perform low skilled work in Taiwan’s construction, fishing, and manufacturing industries, or to work as domestic servants. Such workers are often charged high job placement and service fees, up to $14,000, resulting in substantial debt that labor brokers or employers use as a tool for involuntary servitude. Many foreign workers remain vulnerable to trafficking because legal protections, oversight by authorities and enforcement efforts are inadequate. Taiwan authorities reported that traffickers continued to use fraudulent marriages to facilitate labor and sex trafficking, despite increased efforts by the authorities to prevent this practice. Some women who are smuggled onto Taiwan to seek illegal work were sometimes sold in auctions to sex traffickers, and subsequently forced to work in the commercial sex industry. NGOs reported a sharp increase during the reporting period in the number of boys rescued from prostitution, mainly discovered during police investigations of online social networking sites suspected of being front operations for prostitution rings.
Taiwan authorities do not fully comply with the minimum standards for the elimination of trafficking; however, they are making significant efforts to do so. Taiwan authorities made clear progress during the rating period by improving efforts to investigate and prosecute trafficking cases, approving amendments to Taiwan’s Immigration Act that will significantly enhance legal protections for trafficking victims, and approving a budget plan of $12.6 million for victim protection measures.
Recommendations for Taiwan: Pass and implement a comprehensive anti-trafficking law prohibiting and punishing all severe forms of trafficking; extend full Labor Standards Law protections to all categories of foreign workers, including domestic helpers and nursing caregivers; fully implement the immigration law amendment to extend its protections to trafficking victims; ensure that law enforcement personnel, prosecutors, and judges consistently follow formal trafficking victim identification procedures to prevent the prosecution of trafficking victims; establish procedures for referring victims to shelters; improve incentives for victims to assist in the prosecution of traffickers; increase police efforts to investigate trafficking crimes and to identify trafficking victims; launch a campaign to discourage child sex tourism, both domestically and abroad, by people from Taiwan; and improve cooperation with labor source-country governments.
Prosecution
The authorities on Taiwan made significant efforts in investigating and prosecuting trafficking crimes over the last year, particularly involving labor exploitation. Taiwan does not have a comprehensive anti-trafficking law, but a number of its laws collectively criminalize most forms of trafficking. Section 296 and 296-1 of Taiwan’s criminal code prohibit slavery and the use of coercion or deception to exploit a victim, but existing legal definitions and proof burdens hamper prosecutors’ ability to obtain convictions in cases involving fraudulent recruitment, coercion, or deception. One convicted under Section 296 or 296-1 can face up to seven years in prison. The Labor Standards Law, which prohibits forced labor under Articles 5 and 75, ensures overtime rates, and sets limits on the work-day and work-week. However, this law does not apply to the 160,000 foreign workers employed as private nursing caregivers or domestic helpers on Taiwan, who are especially vulnerable to labor exploitation. Typical punishments imposed on offenders convicted of forced labor under the Labor Standards Law are fines or imprisonment of less than one year—punishments that are not sufficient. All employers of foreign laborers are covered by the Employment Service Act, which punishes labor trafficking offenses with fines, jail time, or both. The Ministry of Justice took commendable steps during the reporting period to standardize data on trafficking to obtain more precise statistics on sex and labor trafficking cases. The Ministry of Interior reports that authorities commenced prosecutions against 423 individuals for suspected trafficking in 2007, most of which were sex trafficking cases. Also in 2007, 74 individuals were convicted, including 16 for sexual exploitation of a minor, 53 individuals for sexual exploitation, and five for labor exploitation. However, most individuals convicted of sexual and labor exploitation of adults received a sentence of less than one year. During the reporting period, there were confirmed incidents of several local authorities accepting bribes and sexual services in return for ignoring illegal sex and labor trafficking activities. Of the nine local authorities charged with aiding or abetting trafficking activities in 2007, one was sentenced to 12 years in prison and the remaining eight cases are still pending. The Taiwan Criminal Investigation Bureau continued to assist U.S. law enforcement authorities in investigations of Taiwan-based smuggling networks involved in trafficking women to the United States.
Protection
Protection efforts by Taiwan authorities have improved modestly, but remained inadequate during the reporting period. The vast majority of trafficking victims in Taiwan continue to be undetected by law enforcement authorities. Although Taiwan has formal victim identification procedures and has provided training on these procedures, immigration officers, police, prosecutors, and other law enforcement personnel do not consistently follow the procedures. It is widely reported that authorities, particularly at the local level, fail to identify the vast majority of trafficking victims, classifying them instead as illegal immigrants or “runaway” foreign workers in illegal labor status. As a result, many trafficking victims are detained, prosecuted, fined, or jailed, and ultimately deported. The majority of victims are treated simply as illegal immigrants or illegal laborers, and housed in formal, long-term detention facilities, which are sometimes plagued by overcrowding and poor sanitation. While incarcerated, most detainees have no access to psychological or legal counseling, and only limited access to medical services. Only a small percentage of trafficking victims are properly identified and removed from detention facilities. Some trafficking victims who were formally identified as such were inappropriately incarcerated solely for unlawful acts that were a direct result of being trafficked. During the reporting period, some identified victims, the majority of whom were held in detention facilities, were prosecuted for immigration, labor, and criminal law violations. In most cases, only those victims who cooperated with prosecutors in cases where charges were actually filed against the trafficker or other defendants were excused from punishment. The treatment afforded to victims varies considerably from place to place. The Council for Labor Affairs (CLA) provides subsidies to 11 NGO-operated shelters for trafficking victims. Most of those sheltered in these facilities were referred by churches, NGOs, or other informal channels. In July 2007, the Executive Yuan approved the “Human Trafficking Implementation Plan,” setting aside $12.6 million for construction and improvement of shelter facilities, education, and training for authorities. During the reporting period, the National Immigration Agency solicited bids to operate a shelter for trafficking victims, but when no NGOs bid for the funds, which they deemed insufficient, the Legislative Yuan (LY) cut the funding allocation from the 2008 budget. Although the LY amended Taiwan’s immigration law to provide additional protections to trafficking victims in 2007, these amendments have not yet gone into effect.
Prevention
The Taiwan authorities report that their efforts to combat trafficking abroad are hampered by a lack of formal diplomatic relations with source-country governments and an inability to join relevant international organizations. Domestically, the Taiwan authorities used broadcast and print media to sensitize the public to the plight of trafficked women forced to work in Taiwan’s commercial sex industry. The authorities also continued an outreach program to enhance foreign workers’ understanding of their rights and the resources available to them, which included the distribution of multilingual emergency contact cards, announcements in foreign-language publications, and radio and television advertisements. The CLA spent $2.1 million in 2007 on 24 Foreign Labor Consultant Service Centers, which provide counseling, legal aid, and labor dispute resolution services to foreign workers. As part of an ongoing campaign to combat child sex trafficking, authorities on Taiwan displayed public service announcements at 680 cinemas nationwide and broadcast announcements on television and on online chat rooms frequented by Taiwan’s youth. Taiwan continues to operate an island-wide toll-free hotline for foreign spouses and foreign workers seeking assistance. Taiwan has an extraterritorial law criminalizing the sexual exploitation of children by Taiwan residents traveling abroad; however, it did not take other steps during the reporting year to reduce demand for child sex tourism.
TAJIKISTAN (Tier 2 Watch List)
Tajikistan is a source country for women trafficked through Kyrgyzstan and Russia to the United Arab Emirates (U.A.E.), Turkey, and Russia for the purpose of commercial sexual exploitation. Women are also reportedly trafficked to Pakistan for the purposes of sexual exploitation and forced labor. Men are trafficked to Russia and Kazakhstan for the purpose of forced labor, primarily in the construction and agricultural industries. Boys and girls are trafficked internally for various purposes, including forced labor and forced begging.
The Government of Tajikistan does not fully comply with the minimum standards for the elimination of trafficking; however, it is making significant efforts to do so. Tajikistan is placed on Tier 2 Watch List for its failure to provide evidence over the previous year of increasing efforts to combat human trafficking, especially efforts to investigate, prosecute, convict, and sentence traffickers. Despite endemic government corruption and evidence of individual low- and mid-level officials’ complicity in trafficking, the government did not punish any public officials for trafficking complicity during the reporting period. Lack of capacity and poor coordination between government institutions remained key obstacles to effective anti-trafficking efforts; corruption remained a contributing factor. Tajikistan made only some efforts to raise awareness about the dangers of trafficking among its estimated one million citizens who find permanent or seasonal work abroad, primarily in Russia and Kazakhstan. The government approved changes to its law defining trafficking. The government continued to improve cooperation with IOM and NGOs.
Recommendations for Tajikistan: Vigorously investigate and prosecute both sex and labor trafficking offenses, and convict and sentence to time in prison trafficking offenders; make efforts to improve trafficking data collection and analysis; investigate, prosecute, and convict government officials who participate in or facilitate trafficking in persons and ensure that they serve some time in prison; improve technical capacity to increase the use of trafficking-spe |