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04 June 2008
Introduction to State Department’s Trafficking in Persons Report
Raises global awareness, efforts to counter human trafficking
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U.S. Department of State
Washington, D.C.
June 4, 2008
[The full report is available in PDF format at http://www.state.gov.]
INTRODUCTION
The 2008 Trafficking in Persons (TIP) Report
Purpose
The Department of State is required by law to submit a Report each year to the U.S. Congress on foreign governments’ efforts to eliminate severe forms of trafficking in persons. This Report is the eighth annual TIP Report. It is intended to raise global awareness, to highlight efforts of the international community, and to encourage foreign governments to take effective actions to counter all forms of trafficking in persons.
The U.S. law that guides anti-human trafficking efforts, the Trafficking Victims Protection Act of 2000, as amended (TVPA), states that the purpose of combating human trafficking is to punish traffickers, to protect victims, and to prevent trafficking from occurring. Freeing those trapped in slave-like conditions is the ultimate goal of this Report – and of the U.S. Government’s antihuman trafficking policy.
Human trafficking is a multi-dimensional threat. It deprives people of their human rights and freedoms, it increases global health risks, and it fuels the growth of organized crime.
Human trafficking has a devastating impact on individual victims, who often suffer physical and emotional abuse, rape, threats against self and family, and even death. But the impact of human trafficking goes beyond individual victims; it undermines the health, safety, and security of all nations it touches.
There is an ever-growing community of nations making significant efforts to eliminate this atrocious crime. A country that fails to make significant efforts to bring itself into compliance with the minimum standards for the elimination of trafficking in persons, as outlined in the TVPA, receives a “Tier 3” assessment in this Report. Such an assessment could trigger the withholding by the United States of nonhumanitarian, non-trade-related foreign assistance. In assessing foreign governments’ efforts, the TIP Report highlights the “three P’s” – prosecution, protection, and prevention. But a victim-centered approach to trafficking requires us also to address the “three R’s” – rescue, rehabilitation, and reintegration – and to encourage learning and sharing of best practices in these areas. We must go beyond an initial rescue of victims and restore to them dignity and the hope of productive lives.
Human Trafficking Defined
The TVPA defines “severe forms of trafficking” as:
a. sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such an act has not attained 18 years of age; or
b. the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.
A victim need not be physically transported from one location to another in order for the crime to fall within these definitions.
The Scope and Nature of Modern-Day Slavery
The common denominator of trafficking scenarios is the use of force, fraud, or coercion to exploit a person for profit. A victim can be subjected to labor exploitation, sexual exploitation, or both. Labor exploitation includes traditional chattel slavery, forced labor, and debt bondage. Sexual exploitation typically includes abuse within the commercial sex industry. In other cases, victims are exploited in private homes by individuals who often demand sex as well as work. The use of force or coercion can be direct and violent or psychological.
A wide range of estimates exists on the scope and magnitude of modern-day slavery. The International Labor Organization (ILO) – the United Nations agency charged with addressing labor standards, employment, and social protection issues – estimates that there are 12.3 million people in forced labor, bonded labor, forced child labor, and sexual servitude at any given time; other estimates range from 4 million to 27 million.
Annually, according to U.S. Government-sponsored research completed in 2006, approximately 800,000 people are trafficked across national borders, which does not include millions trafficked within their own countries. Approximately 80 percent of transnational victims are women and girls and up to 50 percent are minors. The majority of transnational victims are females trafficked into commercial sexual exploitation. These numbers do not include millions of female and male victims around the world who are trafficked within their own national borders – the majority for forced or bonded labor.
Human traffickers prey on the vulnerable. Their targets are often children and young women, and their ploys are creative and ruthless, designed to trick, coerce, and win the confidence of potential victims. Very often these ruses involve promises of a better life through employment, educational opportunities, or marriage.
The nationalities of trafficked people are as diverse as the world’s cultures. Some leave developing countries, seeking to improve their lives through low-skilled jobs in more prosperous countries. Others fall victim to forced or bonded labor in their own countries. Women, eager for a better future, are susceptible to promises of jobs abroad as babysitters, housekeepers, waitresses, or models – jobs that traffickers turn into the nightmare of forced prostitution without exit. Some families give children to adults, often relatives, who promise education and opportunity – but sell the children into exploitative situations for money. But poverty alone does not explain this tragedy, which is driven by fraudulent recruiters, employers, and corrupt officials who seek to reap unlawful profits from others’ desperation.
Focus of the 2008 TIP Report
The TIP Report is the most comprehensive worldwide report on the efforts of governments to combat severe forms of trafficking in persons. This Report covers the period of April 2007 through March 2008. It includes those countries that have been determined to be countries of origin, transit, or destination for a significant number of victims of severe forms of trafficking. The 2008 TIP Report represents an updated, global look at the nature and scope of modern-day slavery and the broad range of actions being taken by governments around the world to confront and eliminate it.
Because trafficking likely extends to every country in the world, the omission of a country from the Report may only indicate a lack of adequate information. The country narratives describe the scope and nature of the trafficking problem, the reasons for including the country, and the government’s efforts to combat trafficking. Each narrative also contains an assessment of the government’s compliance with the minimum standards for the elimination of trafficking as laid out in the TVPA, and includes suggestions for additional actions to combat trafficking on the part of a country’s government. The remainder of the country narrative describes each government’s efforts to enforce laws against trafficking, protect victims, and prevent trafficking. Each narrative explains the basis for rating a country as Tier 1, Tier 2, Tier 2 Watch List, or Tier 3. All rankings are accompanied by an explanation, but in particular, if a country has been placed on Tier 2 Watch List, the narrative will contain a statement of explanation, using the special criteria found in the TVPA.
The TVPA lists three factors to be considered in determining whether a country should be in Tier 2 (or Tier 2 Watch List) or in Tier 3: (1) The extent to which the country is a country of origin, transit, or destination for severe forms of trafficking; (2) The extent to which the government of the country does not comply with the TVPA’s minimum standards including, in particular, the extent of the government’s trafficking-related corruption; and (3) The resources and capabilities of the government to address and eliminate severe forms of trafficking in persons.
Some countries have held conferences and established task forces or national action plans to create goals for anti-trafficking efforts. While such activities are useful and can help to catalyze concrete law enforcement, protection, and prevention activities in the future, these conferences, plans, and task forces alone are not weighed heavily in assessing country efforts. Rather, the Report focuses on concrete actions governments have taken to fight trafficking, especially prosecutions, convictions, and prison sentences for traffickers, victim protection measures, and prevention efforts. The Report does not give great weight to laws in draft form or laws that have not yet been enacted. Finally, the Report does not focus on government efforts that contribute indirectly to reducing trafficking, such as education programs, support for economic development, or programs aimed at enhancing gender equality, although these are worthwhile endeavors.
Methodology
The Department of State prepared this Report using information from U.S. embassies, foreign government officials, nongovernmental organizations (NGOs) and international organizations, published reports, research trips to every region, and information submitted to tipreport@state.gov. This email address was established for NGOs and individuals to share information on government progress in addressing trafficking. U.S. diplomatic posts reported on the trafficking situation and governmental action based on thorough research, including meetings with a wide variety of government officials, local and international NGO representatives, officials of international organizations, journalists, academics, and survivors. To compile this year’s Report, the Department took a fresh look at information sources on every country to make its assessments. Assessing each government’s anti-trafficking efforts involves a two-step process:
Step One: Finding Significant Numbers of Victims
First, the Department determines whether a country is “a country of origin, transit, or destination for a significant number of victims of severe forms of trafficking,” generally on the order of 100 or more victims, the same threshold applied in previous reports. Some countries, for which such information was not available, are not given tier ratings, but are included in the Special Case section because they exhibited indications of trafficking.
Step Two: Tier Placement
The Department places each country included on the 2008 TIP Report into one of the three lists, described here as tiers, mandated by the TVPA. This placement is based more on the extent of government action to combat trafficking, rather than the size of the problem, important though that is. The Department first evaluates whether the government fully complies with the TVPA’s minimum standards for the elimination of trafficking (detailed on p. 284). Governments that fully comply are placed in Tier 1. For other governments, the Department considers whether they are making significant efforts to bring themselves into compliance. Governments that are making significant efforts to meet the minimum standards are placed in Tier 2. Governments that do not fully comply with the minimum standards and are not making significant efforts to do so are placed in Tier 3. Finally, the Special Watch List criteria are considered and, when applicable, Tier 2 countries are placed on the Tier 2 Watch List.
The Special Watch List – Tier 2 Watch List
The TVPA created a “Special Watch List” of countries on the TIP Report that should receive special scrutiny. The list is composed of: 1) Countries listed as Tier 1 in the current Report that were listed as Tier 2 in the 2007 Report; 2) Countries listed as Tier 2 in the current Report that were listed as Tier 3 in the 2007 Report; and, 3) Countries listed as Tier 2 in the current Report, where:
a) The absolute number of victims of severe forms of trafficking is very significant or is significantly increasing;
b) There is a failure to provide evidence of increasing efforts to combat severe forms of trafficking in persons from the previous year, including increased investigations, prosecutions, and convictions of trafficking crimes, increased assistance to victims, and decreasing evidence of complicity in severe forms of trafficking by government officials; or
c) The determination that a country is making significant efforts to bring itself into compliance with the minimum standards was based on commitments by the country to take additional future steps over the next year.
This third category (including a, b, and c) has been termed by the Department of State “Tier 2 Watch List.” There were 32 countries placed on Tier 2 Watch List in the June 2007 Report. Along with two countries that were reassessed as Tier 2 Watch List countries in October 2007, and seven countries that met the first two categories above (moving up a tier from the 2007 to the 2008 TIP Report), these 41 countries were included in an “Interim Assessment” released by the Department of State on February 28, 2008.
Of the 34 countries on Tier 2 Watch List at the time of the Interim Assessment, 11 moved up to Tier 2 on this Report, while four fell to Tier 3 and 19 remain on Tier 2 Watch List. Countries placed on the Special Watch List in this Report will be reexamined in an interim assessment to be submitted to the U.S. Congress by February 1, 2009.
Potential Penalties for Tier 3 Countries
Governments of countries in Tier 3 may be subject to certain sanctions. The U.S. Government may withhold non-humanitarian, non-trade-related foreign assistance. Countries that receive no such assistance would be subject to withholding of funding for participation by officials and employees of such governments in educational and cultural exchange programs. Consistent with the TVPA, governments subject to sanctions would also face U.S. opposition to assistance (except for humanitarian, trade-related, and certain development-related assistance) from international financial institutions such as the International Monetary Fund and the World Bank. Sanctions, if imposed, will take effect October 1, 2008.
All or part of the TVPA’s sanctions can be waived upon a determination by the President that the provision of such assistance to the government would promote the purposes of the statute or is otherwise in the national interest of the United States. The TVPA also provides that sanctions can be waived if necessary to avoid significant adverse effects on vulnerable populations, including women and children. Sanctions would not apply if the President finds that, after this Report is issued but before sanctions determinations are made, a government has come into compliance with the minimum standards or is making significant efforts to bring itself into compliance.
Regardless of tier placement, every country can do more, including the United States. No country placement is permanent. All countries must maintain and increase efforts to combat trafficking.
How the Report Is Used
This Report is a diplomatic tool for the U.S. Government to use as an instrument for continued dialogue and encouragement and as a guide to help focus resources on prosecution, protection, and prevention programs and policies. Specific recommendations highlighted in the narrative of each ranked country are provided to facilitate future progress. The State Department will continue to engage governments about the content of the Report in order to strengthen cooperative efforts to eradicate trafficking. In the coming year, and particularly in the months before a determination is made regarding sanctions for Tier 3 countries, the Department will use the information gathered here to more effectively target assistance programs and to work with countries that need help in combating trafficking. The Department hopes the Report will be a catalyst for government and non-government efforts to combat trafficking in persons around the world.
Forced Labor and Sexual Servitude: the Varying Forms of Human Trafficking
The hidden nature of trafficking in persons prevents a precise count of the number of victims around the world, but available research indicates that, when trafficking within a country’s borders is included in the count, more people fall victim to labor forms of trafficking than sex trafficking. Although labor trafficking and sex trafficking are usually analyzed as separate trafficking in persons issues, victims of both forms of trafficking often share a common denominator: their trafficking ordeal started with a migration in search of economic alternatives.
The theme of migration is often heard in reporting on trafficking in persons and indeed the movement of victims is a common trait in many trafficking crimes. Yet servitude can also occur without the movement of a person. In analyzing trafficking in persons issues and designing effective responses, the focus should be on the exploitation and control of a person through force, fraud, or coercion – not on the movement of that person.
Neither the international definition of trafficking in persons, as defined in the 2000 UN Protocol to Prevent, Suppress, and Punish Trafficking in Persons, Especially Women and Children, nor the U.S. definition of severe forms of trafficking in persons, as defined in federal law, requires the movement of the victim. Movement is not necessary, as any person who is recruited, harbored, provided, or obtained through force, fraud, or coercion for the purpose of subjecting that person to involuntary servitude, forced labor, or commercial sex qualifies as a trafficking victim.
Major Forms of Trafficking in Persons
Forced Labor
Most instances of forced labor occur as unscrupulous employers take advantage of gaps in law enforcement to exploit vulnerable workers. These workers are made more vulnerable to forced labor practices because of unemployment, poverty, crime, discrimination, corruption, political conflict, and cultural acceptance of the practice. Immigrants are particularly vulnerable, but individuals are also forced into labor in their own countries. Female victims of forced or bonded labor, especially women and girls in domestic servitude, are often sexually exploited as well.
Forced labor is a form of human trafficking that can be harder to identify and estimate than sex trafficking. It may not involve the same criminal networks profiting from transnational sex trafficking, but may instead involve individuals who subject anywhere from one to hundreds of workers to involuntary servitude, perhaps through forced or coerced household work or work at a factory.
Bonded Labor
One form of force or coercion is the use of a bond, or debt, to keep a person under subjugation. This is referred to in law and policy as “bonded labor” or “debt bondage.” It is criminalized under U.S. law and included as a form of exploitation related to trafficking in the UN TIP Protocol. Many workers around the world fall victim to debt bondage when traffickers or recruiters unlawfully exploit an initial debt the worker assumed as part of the terms of employment, or when workers inherit debt in more traditional systems of bonded labor. Traditional bonded labor in South Asia enslaves huge numbers of people from generation to generation.
Debt Bondage and Involuntary Servitude Among Migrant Laborers
The vulnerability of migrant laborers to trafficking schemes is especially disturbing because this population is so sizeable in some regions. Three potential contributors can be discerned: 1) Abuse of contracts; 2) Inadequate local laws governing the recruitment and employment of migrant laborers; and 3) The intentional imposition of exploitative and often illegal costs and debts on these laborers in the source country or state, often with the complicity and/or support of labor agencies and employers in the destination country or state.
Some abuses of contracts and hazardous conditions of employment do not in themselves constitute involuntary servitude, though use or threat of physical force or restraint to compel a worker to enter into or continue labor or service may convert a situation into one of forced labor. Costs imposed on laborers for the “privilege” of working abroad can place laborers in a situation highly vulnerable to debt bondage. However, these costs alone do not constitute debt bondage or involuntary servitude. When combined with exploitation by unscrupulous labor agents or employers in the destination country, these costs or debts, when excessive, can become a form of debt bondage.
Involuntary Domestic Servitude
Domestic workers may be trapped in servitude through the use of force or coercion, such as physical (including sexual) or emotional abuse. Children are particularly vulnerable. Domestic servitude is particularly difficult to detect because it occurs in private homes, which are often unregulated by public authorities. For example, there is great demand in some wealthier countries of Asia and the Middle East for domestic servants who sometimes fall victim to conditions of involuntary servitude.
Forced Child Labor
Most international organizations and national laws recognize that children may legally engage in light work. In contrast, the worst forms of child labor are being targeted for eradication by nations across the globe. The sale and trafficking of children and their entrapment in bonded and forced labor are clearly among the worst forms of child labor. Any child who is subject to involuntary servitude, debt bondage, peonage, or slavery through the use of force, fraud, or coercion is a victim of trafficking in persons regardless of the location of that exploitation.
Child Soldiers
Child soldiering is a unique and severe manifestation of trafficking in persons that involves the unlawful recruitment of children through force, fraud, or coercion to be exploited for their labor or to be abused as sex slaves in conflict areas. Such unlawful practices may be perpetrated by government forces, paramilitary organizations, or rebel groups. UNICEF estimates that more than 300,000 children under 18 are currently being exploited in more than 30 armed conflicts worldwide. While the majority of child soldiers are between the ages of 15 and 18, some are as young as 7 or 8 years of age.
Many children are abducted to be used as combatants. Others are made unlawfully to serve as porters, cooks, guards, servants, messengers, or spies. Many young girls are forced to marry or have sex with male combatants and are at high risk of unwanted pregnancies. Male and female child soldiers are often sexually abused and are at high risk of contracting sexually transmitted diseases.
Some children have been forced to commit atrocities against their families and communities. Child soldiers are often killed or wounded, with survivors often suffering multiple traumas and psychological scarring. Their personal development is often irreparably damaged. Returning child soldiers are often rejected by their home communities.
Child soldiers are a global phenomenon. The problem is most critical in Africa and Asia, but armed groups in the Americas and the Middle East also unlawfully use children in conflict areas. All nations must work together with international organizations and NGOs to take urgent action to disarm, demobilize, and reintegrate child soldiers.
Sex Trafficking and Prostitution
Sex trafficking comprises a significant portion of overall trafficking and the majority of transnational modern-day slavery. Sex trafficking would not exist without the demand for commercial sex flourishing around the world. The U.S. Government adopted a strong position against prostitution in a December 2002 policy decision, which notes that prostitution is inherently harmful and dehumanizing, and fuels trafficking in persons. Turning people into dehumanized commodities creates an enabling environment for human trafficking.
The United States Government opposes prostitution and any related activities, including pimping, pandering, or maintaining brothels as contributing to the phenomenon of trafficking in persons, and maintains that these activities should not be regulated as a legitimate form of work for any human being. Those who patronize the commercial sex industry form a demand which traffickers seek to satisfy.
Children Exploited for Commercial Sex
Each year, more than two million children are exploited in the global commercial sex trade. Many of these children are trapped in prostitution. The commercial sexual exploitation of children is trafficking, regardless of circumstances. International covenants and protocols obligate criminalization of the commercial sexual exploitation of children. The use of children in the commercial sex trade is prohibited under both U.S. law and the U.N. TIP Protocol. There can be no exceptions, no cultural or socio-economic rationalizations that prevent the rescue of children from sexual servitude. Terms such as “child sex worker” are unacceptable because they falsely sanitize the brutality of this exploitation.
Child Sex Tourism
Child sex tourism (CST) involves people who travel from their own country – often a country where child sexual exploitation is illegal or culturally abhorrent – to another country where they engage in commercial sex acts with children. CST is a shameful assault on the dignity of children and a form of violent child abuse. The commercial sexual exploitation of children has devastating consequences for minors, which may include long-lasting physical and psychological trauma, disease (including HIV/AIDS), drug addiction, unwanted pregnancy, malnutrition, social ostracism, and possibly death.
Tourists engaging in CST often travel to developing countries looking for anonymity and the availability of children in prostitution. The crime is typically fueled by weak law enforcement, corruption, the Internet, ease of travel, and poverty. Sex offenders come from all socio-economic backgrounds and may in some cases hold positions of trust. Cases of child sex tourism involving U.S. citizens have included a pediatrician, a retired Army sergeant, a dentist, and a university professor. Child pornography is frequently involved in these cases, and drugs may also be used to solicit or control the minors.
Punishing Trafficking Offenders Adequately
Much of the analysis of foreign governments’ anti-trafficking efforts contained in this Report focuses on the issues of punishing trafficking offenders and protecting victims of trafficking. The following offers a look at how this analysis is conducted, based on the standards provided in the TVPA.
The minimum standards found in the Trafficking Victims Protection Act call on foreign governments to prohibit all forms of trafficking, prescribe penalties for those acts that are sufficiently stringent to deter the crime and that adequately reflect the heinous nature of the crime, and vigorously punish offenders convicted of these crimes.
Legally Prescribed Penalties: In assessing foreign governments’ anti-trafficking efforts in the TIP Report, the Department of State holds that, consistent with the 2000 U.N. Convention Against Transnational Organized Crime (which is supplemented by the U.N. TIP Protocol), criminal penalties to meet this standard should include a maximum of at least four years’ deprivation of liberty, or a more severe penalty.
Imposed Penalties: The Department of State holds that imposed sentences should involve significant jail time, with a majority of cases resulting in sentences on the order of one year of imprisonment or more, but taking into account the severity of an individual’s involvement in trafficking, imposed sentences for other grave crimes, and the judiciary’s right to hand down punishments consistent with that country’s laws. Convictions obtained under other criminal laws and statutes can be counted as anti-trafficking if the government verifies that the offenses involve human trafficking.
Protecting Victims Adequately
The TVPA minimum standards’ criterion on victim protection reads:
“Whether the government of the country protects victims of severe forms of trafficking in persons and encourages their assistance in the investigation and prosecution of such trafficking, including provisions for legal alternatives to their removal to countries in which they would face retribution or hardship, and ensures that victims are not inappropriately incarcerated, fined, or otherwise penalized solely for unlawful acts as a direct result of being trafficked.”
In every country narrative of the TIP Report, these three numbered elements are specifically addressed. In addition, the Department of State has decided to implement this criterion with the following guidelines:
In evaluating whether a country fully complies with this minimum standard for victim protection, the State Department considers the following to be critical factors:
1) Proactive identification: Victims should not be expected to identify themselves. They typically are afraid of coming forward and being considered criminals, irregular migrants, or disposable people by authorities. Formal screening procedures should go beyond checking a person’s papers. Some form of systematic procedure should be in place to guide law enforcement and other governmental or government-supported front-line responders in the process of victim identification.
2) Shelter and temporary care: A government should ensure that victims receive access to primary health care, counseling, and shelter that allows them to recount their trafficking experience to trained social counselors and law enforcement at a pace with minimal pressure. Shelter and assistance can be provided in cooperation with NGOs. Part of the host government’s responsibility includes funding for, and referral to, NGOs providing services. To the best extent possible, trafficking victims should not be held in immigration detention centers, or other detention.
The Department of State also gives positive consideration to two additional victim protection factors:
A. Victim/witness protection, rights and confidentiality: Governments should ensure that victims are provided with legal and other assistance and that, consistent with its domestic law, proceedings are not prejudicial to victims’ rights, dignity, or psychological well-being. Confidentiality and privacy should be respected and protected to the extent possible under domestic law. Victims should be provided with information in a language they understand.
B. Repatriation: Source and destination countries share responsibility in ensuring the safe, humane and, to the extent possible, voluntary repatriation/ reintegration of victims. At a minimum, destination countries should contact a competent governmental body, NGO or international organization in the relevant source country to ensure that trafficked persons who return to their country of origin are provided with assistance and support necessary to their wellbeing. Trafficking victims should not be subjected to deportations or forced returns without safeguards or other measures to reduce the risk of hardship, retribution, or re-trafficking.
Prevention: Spotlight on Addressing Demand
Human trafficking is a dehumanizing crime which turns people into mere commodities. On the supply side, criminal networks, corruption, lack of education, and misinformation about employment opportunities and the degrading nature of work promised, together with poverty, make people vulnerable to the lures of trafficking – this is true of both sex trafficking and slave labor. Significant efforts are being made to address these factors that “push” victims into being trafficked, but they alone are not the cause. Increasingly, the movement to end human trafficking is focusing on the voracious demand which fuels this dark trade in human beings.
Demand for forced labor is created by unscrupulous employers who seek to increase profits at the expense of vulnerable workers through the unlawful use of force, fraud, or coercion. One key to addressing such demand for forced labor is raising awareness about the existence of forced labor in the production of goods. Many consumers and businesses would be troubled to know that their purchases – including clothes, jewelry, and even food – are produced by individuals, including children, subjected to slave-like conditions. Yet, in the global marketplace for goods, ensuring that complex supply chains are untainted by forced labor is a challenge for both businesses and consumers. Denying forced labor-made products access to foreign markets will ultimately reduce the incentive to exploit slave labor and encourage ethical business behavior. Increased information on export products and production chains – drawn from a variety of sources, including other governments – makes such efforts more effective. Any successful effort to combat sex trafficking must confront not only the supply of trafficked humans, but also the demand for commercial sex and labor trafficking which perpetuates it. U.S policy draws a direct connection between prostitution and human trafficking. As noted in a December 2002 policy decision, the U.S. Government opposes prostitution and any related activities as contributing to the phenomenon of human trafficking.
In 2005, the U.N. Commission on the Status of Women adopted the U.S. resolution Eliminating Demand for Trafficked Women and Girls for All Forms of Exploitation. This was the first U.N. resolution to focus on the demand side of human trafficking – the goal being to protect women and girls by drying up the “market” for trafficking victims, including by recognizing a link to commercial sexual exploitation.
Importance of Research
Indisputably, as a new field of inquiry and activism, anti-trafficking efforts will benefit from dedicated research, especially operational research designed to inform programming.
An important example of the value of research, funded by the Office to Monitor and Combat Trafficking in Persons, is a groundbreaking study by Dr. Jay Silverman on sex trafficking and HIV within South Asia published in the Journal of the American Medical Association last summer. It has been estimated that half of all female sex trafficking victims in South Asia are under age eighteen at the time of exploitation. Yet, research on HIV and sexually-transmitted infections has rarely sought to identify adult or child trafficking victims. Dr. Silverman and his team partnered with major NGOs across India, Nepal and Bangladesh involved in rescue and care of sex trafficking victims to examine the phenomena of sex trafficking, HIV prevalence, and trafficking-related risk factors.
Among Nepalese women and girls who were repatriated victims of sex trafficking, the Silverman study found that 38 percent were HIV positive. The majority were trafficked prior to age 18. One in seven was trafficked before age 15, and among these very young girls, over 60 percent were infected with HIV. Why? Very young girls were more frequently trafficked to multiple brothels and for longer periods of time.
Silverman concludes that the girls at greatest risk for being infected with HIV (and for transmitting HIV) are the least likely to be reached by traditional HIV prevention models. He proposes collaboration among HIV prevention and human trafficking experts to develop efforts that simultaneously reduce HIV risk and identify and assist trafficking victims – a policy prescription supported by the U.S. government’s interagency working group, the Senior Policy Operating Group.
The State Department is also currently underwriting research on male victims of human trafficking, focusing on sector-specific studies that will help guide future program funding decisions. Links to anti-trafficking research supported by the U.S. government can be found at the web site: http://www.state.gov/g/tip/.
Democracy and Human Trafficking
As already noted, our assessment of a country’s performance is based strictly on the trafficking specific criteria stipulated by the TVPA. Nevertheless, our broad study of the phenomenon of trafficking corroborates that healthy, vital democratic pluralism is the single most prevalent feature of states conducting effective antitrafficking efforts. A vibrant democracy is the best guarantor of human dignity and respect for the human rights and fundamental freedoms of all persons, including women, children, prostituted people, and foreign migrants, who are among the vulnerable populations susceptible to trafficking.
The Tiers
TIER 1
Countries whose governments fully comply with the Trafficking Victims Protection Act’s (TVPA) minimum standards
TIER 2
Countries whose governments do not fully comply with the TVPA’s minimum standards, but are making significant efforts to bring themselves into compliance with those standards
TIER 2 WATCH LIST
Countries whose governments do not fully comply with the TVPA’s minimum standards, but are making significant efforts to bring themselves into compliance with those standards AND:
a) The absolute number of victims of severe forms of trafficking is very significant or is significantly increasing; or
b) There is a failure to provide evidence of increasing efforts to combat severe forms of trafficking in persons from the previous year; or
c) The determination that a country is making significant efforts to bring themselves into compliance with minimum standards was based on commitments by the country to take additional future steps over the next year
TIER 3
Countries whose governments do not fully comply with the minimum standards and are not making significant efforts to do so.
In many countries, the disempowerment of such groups permits trafficking to flourish, because victims are reluctant to step forward to seek protection and redress under the law.
A key indicator of a vibrant democracy is the existence of an independent judiciary and the rule of law. In the context of trafficking, these are reflected in a government’s ability to hold traffickers to fullest account, notably in the form of sentencing reflecting the severity of the crimes they have committed.
The absence of corruption – or at least effective government responses to corruption when it does occur – is one element of the rule of law and critical to the fight against trafficking. Too often, victims seeking protection under the law from police, judges and immigration officials, find that those who should be their advocates are in fact furthering their degradation.
A strong and independent civil society, including cooperation between governments and NGOs, is yet another element of a healthy democracy, and a vital tool to effectively combat human trafficking. NGOs have played particularly important roles in many countries in the area of victim identification and support. By contrast, in other countries, government ambivalence or even hostility to NGOs and other civil society actors has at times hindered victim identification efforts, thereby limiting the ability of the government to effectively combat human trafficking. In light of the magnitude and global reach of this problem, collaboration between governments and NGOs is of critical importance to efforts to eradicate modern-day slavery.
While democracy does not guarantee the absence of slavery, and some struggling democracies and even autocratic regimes have effectively fought trafficking, autocracy and weak or ‘emerging’ democracies are less equipped to tackle this horrific human rights challenge. Respecting the human rights, fundamental freedoms, and dignity in full of women, people in prostitution, and migrants, holding traffickers fully to account, and expunging corruption as the catalyst of human trafficking, are matters of governing justly. In particular, an independent judiciary, the rule of law, and a dynamic civil society are the markings of governments that are governing justly, and are central to the success of modern day abolition efforts.
GLOBAL LAW ENFORCEMENT DATA
The Trafficking Victims Reauthorization Act (TVPRA) of 2003 added to the original law a new requirement that foreign governments provide the Department of State with data on trafficking investigations, prosecutions, convictions, and sentences in order to be considered in full compliance with the TVPA’s minimum standards for the elimination of trafficking (Tier 1). The 2004 TIP Report collected this data for the first time. The 2007 TIP Report data shows for the first time, a breakout of the number of total prosecutions and convictions that related to labor trafficking, placed in parentheses.
YEAR Prosecutions Convictions New or Amended Legislation
2003 7,992 2,815 24
2004 6,885 3,025 39
2005 6,178 4,379 40
2006 5,808 3,160 21
2007 5,682 (490) 3,427 (326) 28
The numbers in parentheses are those of labor trafficking prosecutions and convictions.
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