TIVES E V I AT R R A N Y R T N U O C

Country Narratives

55 aware that they are carrying explosives that are then set AFGHANISTAN off remotely without their knowledge. Some child soldiers (Tier 2 Watch List) used by insurgent groups were sexually exploited. Boys are sometimes promised enrollment in Islamic schools in Afghanistan is a source, transit, and destination country Pakistan and Iran, but instead are trafficked to camps for for men, women, and children subjected to trafficking in paramilitary training by extremist groups. persons, specifically forced labor and forced . Trafficking within Afghanistan is more prevalent than The Government of Afghanistan does not fully comply with the minimum standards for the elimination of AFGHANISTAN transnational trafficking, and the majority of victims are children. Afghan boys and girls are trafficked within the trafficking; however, it is making significant efforts country for and forced labor in brick to do so. Despite these efforts, such as the continued kilns, carpet-making factories, and domestic service. referral of identified trafficking victims to care facilities, Forced begging is a growing problem in Afghanistan; the government did not show evidence of increasing Mafia groups organize professional begging rings. Afghan efforts over the previous year. Specifically, the Afghan boys are subjected to forced prostitution and forced government did not prosecute or convict trafficking labor in the drug smuggling industry in Pakistan and offenders under its 2008 law, and punished victims Iran. Afghan women and girls are subjected to forced of sex trafficking with imprisonment for adultery or prostitution, forced marriages—including through prostitution. Afghanistan is therefore placed on Tier 2 forced marriages in which husbands force their wives Watch List. into prostitution—and involuntary domestic servitude Recommendations for Afghanistan: Increase law in Pakistan and Iran, and possibly India. NGOs report enforcement activities against trafficking using the 2008 that over the past year, increasing numbers of boys were anti-trafficking law, including prosecutions, convictions, trafficked internally. Some families knowingly sell their and imprisonment for acts of trafficking for commercial children for forced prostitution, including for bacha baazi sexual exploitation and forced labor, including debt – where wealthy men use harems of young boys for social bondage; ensure that victims of trafficking are not and sexual entertainment. Other families send their punished for unlawful acts committed as a direct result of children with brokers to gain employment. Many of these being trafficked, such as prostitution or adultery; ensure children end up in forced labor, particularly in Pakistani that government actors no longer conflate the crimes of carpet factories. NGOs indicate that families sometimes kidnapping, , and human smuggling; make cost-benefit analyses regarding how much debt they collaborate with NGOs to ensure that all children, can incur based on their tradable family members. including boys, victimized by sex and labor trafficking Afghan men are subjected to forced labor and debt receive protective services; and undertake initiatives to bondage in the agriculture and construction sectors prevent trafficking, such as continuing a public awareness in Iran, Pakistan, Greece, the Gulf States, and possibly campaign to warn at-risk populations of the dangers of Southeast Asian countries. Under the pretense of high- trafficking. paying employment opportunities, traffickers lure foreign workers to Afghanistan, and lure Afghan villagers Prosecution to Afghan cities or India or Pakistan, then sometimes The Government of Afghanistan made no discernible subject them to forced labor or forced prostitution at the anti-human trafficking law enforcement efforts over destination. At the end of 2009 and beginning of 2010, the reporting period. Afghanistan’s Law Countering an increasing number of male migrants from Sri Lanka, Abduction and Human Trafficking (2008) prescribes Nepal, and India who migrated willingly to Afghanistan penalties of life imprisonment for sex trafficking and were then subjected to forced labor. “maximum term” imprisonment for labor trafficking, which in practice is between eight and 15 years. These Women and girls from Iran, Tajikistan, and possibly penalties are sufficiently stringent and exceed those Uganda and China are forced into prostitution in prescribed for other serious crimes, such as rape. Afghanistan. Some international security contractors However, the Elimination of Violence Against Women may have been involved in the sex trafficking of these (EVAW) law, enacted in July 2009, supersedes other laws women. and prostitution rings are sometimes and can be used to decrease the penalties outlined in run by foreigners, sometimes with links to larger criminal Afghanistan’s anti-trafficking law. The prescribed penalty networks. Tajik women are also believed to be trafficked for an offender who abducts a victim and subjects him through Afghanistan to other countries for prostitution. or her to forced labor is short-term imprisonment not Trafficked Iranian women transit Afghanistan en route to to exceed six months, and a fine, and the prescribed Pakistan. penalty for an offender who forces an adult female The United Nations reported that children were associated into prostitution is at least seven years. The National with the Afghan National Police (ANP) during the year. Directorate of Security (NDS) has investigated 16 cases The government is taking measures to improve the age- of suspected human trafficking crimes and sent them verification systems of the ANP. Children from ages 12 to to court for potential prosecution. The Ministry of 16 years are used as suicide bombers by the Taliban. Some Interior (MOI) arrested 24 offenders in 19 alleged cases children have been tricked or forced to become suicide of human trafficking during the reporting period. Since bombers. Others are heavily indoctrinated or are not the government of Afghanistan confuses trafficking 56 with smuggling and abductions, it is not clear whether prostitution. The anti-trafficking law permits foreign N TA S I N A H G F A all of these prosecutions and arrests were for trafficking. victims to remain in Afghanistan for at least six months; The government did not report whether the arrests, there were no reports of foreign victims making use of investigations, and prosecutions were under the counter- this provision of immigration relief. trafficking law. The Afghanistan government did not Serious concerns remain regarding government officials provide information on human trafficking convictions. who punish victims of trafficking for acts they may have The government reported difficulty engaging Pakistani committed as a direct result of being trafficked. In some authorities for joint investigation of transnational cases, trafficking victims were jailed pending resolution trafficking cases. There was no evidence that the of their legal cases, despite their recognized victim status. government made any efforts to investigate, arrest, or Female trafficking victims continued to be arrested and prosecute government officials facilitating trafficking imprisoned or otherwise punished for prostitution and offenses despite reports of national and border police fleeing forced marriages for trafficking purposes. In and workers in government-run orphanages who some cases, women who fled their homes to escape these facilitated trafficking or raped sex trafficking victims. The types of forced marriages reported being raped by police International Organization for Migration (IOM) and a or treated by police as criminals simply for not being foreign government provided separate trainings to police, chaperoned. Victimized women who could not find place prosecutors, judges, and other government officials, in a shelter often ended up in prison; some women chose which included components on identifying victims of to go to prison for protection from male family members. trafficking and distinguishing trafficking and smuggling There is no evidence that the government encouraged cases. victims to assist in investigations of their traffickers Protection during the reporting period. Attempts to seek redress are The Government of Afghanistan made minimal progress impeded in part because an Afghan victim would be in in protecting victims of trafficking. Afghanistan did not grave danger for simply identifying his or her assailant. have a formal procedure to identify victims of trafficking. The MOI identified 360 victims of sex trafficking— including 44 women, 211 men, 13 girls, and 70 boys. The MOI released 338 of these victims to return home, but did not provide data on whether it ensured their safe return and reintegration. The remaining 22 victims were unaccounted for. The government continued to run two referral centers in Parwan and Jalalabad. Under a formalized referral agreement established in late 2007, Afghan police continued to refer women victimized by violence to the Ministry of Women’s Affairs (MOWA), Prevention UNIFEM, IOM, and NGOs. The government lacked During the reporting period, the Government of resources to provide victims with protective services Afghanistan made no discernible progress in preventing directly; NGOs operated the country’s shelters and human trafficking. The MOWA Initiative to Strengthen provided the vast majority of victim assistance, but Policy and Advocacy through Communications and some faced hardships due to threats from the local Institution Building launched and partially funded a community, particularly when assisting in cases that public information campaign with foreign donor support. involved perceived “honor” crimes, such as rape. One The campaign was comprised of billboards, radio spots, NGO-run shelter in Kabul is specifically for trafficking and a short radio drama series on trafficking, and victims. Some NGOs running care facilities for trafficking targeted all 34 provinces. Monitoring reports confirmed victims reported generally adequate coordination with increased awareness of trafficking issues. The ANP government officials. The Ministry of Labor and Social worked to improve its age verification procedures in Affairs, Martyrs and Disabled (MOLSAMD) provided order to eliminate child soldiers from its ranks. While the some job training to street children and children in government issued some birth certificates and marriage care facilities, and MOWA provided free legal services certificates, many citizens in rural areas do not request to victims of violence; it is unclear how many people or obtain these documents; fewer than ten percent of served were victims of trafficking. There are no facilities children are registered at birth. The government did not in Afghanistan to provide shelter or specific protective take steps to reduce the demand for commercial sex acts services to male trafficking victims, although an NGO- or forced labor during the reporting period. In December run shelter for boy victims will open in 2010. During the 2009, the Monitoring, Reporting and Response Steering reporting period, some trafficked boys were placed in Committee was formed to write an action plan for the government-run orphanages and a facility for juvenile government’s work with UN Task Forces on Trafficking criminals while their cases were being investigated, and Children in Armed Conflict; this action plan has not while adult men are kept in detention centers during been completed to date. Afghanistan is not a party to the investigation. Living conditions in government-run orphanages are extremely poor and some corrupt officials 2000 UN TIP Protocol. may have sexually abused children and forced them into

57 within the Prosecutor General’s office; consider ALBANIA (Tier 2) establishing a general fund for victim protection and Albania is a source country for men, women, and children reintegration using assets seized by the Serious Crimes subjected to trafficking in persons, specifically forced Court from convicted trafficking offenders; finalize the draft law that provides reintegration assistance to victims ALBANIA prostitution and forced labor, including the forced begging of children. Albanian victims are subjected to after they leave a shelter and assistance to shelters; conditions of forced labor and sex trafficking within improve identification, protection and specialized services Albania and Greece, Italy, Macedonia, Kosovo, and for child trafficking victims; aggressively prosecute labor Western Europe. Approximately half of the victims trafficking offenders and law enforcement officials who referred for care within the country in 2009 were are complicit in human trafficking; and continue to Albanian; these were primarily women and girls subjected improve data collection and analysis efforts in tracking to conditions of forced prostitution in hotels and private investigations, prosecutions, and convictions. residences in Tirana, Durres, and Vlora. Children were primarily exploited for begging and other forms of forced Prosecution labor. There is evidence that Albanian men have been The Government of Albania sustained its anti-trafficking subjected to conditions of forced labor in the agricultural law enforcement efforts during the reporting period. sector of Greece and other neighboring countries. Albania criminally prohibits sex and labor trafficking through its penal code, which prescribes penalties of 5 to The Government of Albania does not fully comply with 15 years’ imprisonment. These penalties are sufficiently the minimum standards for the elimination of trafficking; stringent and exceed those prescribed for other serious however, it is making significant efforts to do so. The crimes, such as rape. The State Police and Serious Crimes government continued to improve its capacity to identify, Prosecution division reported investigating a combined protect, and reintegrate trafficking victims. It also 35 suspected traffickers in 2009. The government successfully prosecuted some sex trafficking offenders, prosecuted 31 suspected trafficking offenders in 2009, leading to significant penalties imposed on them during convicting 11 of them; this contrasts with 26 trafficking the reporting period. In March 2009, the government offenders convicted in 2008 and seven in 2007. All of approved an amendment to the Social Assistance law the prosecutions and convictions involved sex trafficking which will provide victims of trafficking with the same of women or children. In 2009, sentences imposed on social benefits accorded to other at- risk groups in Albania convicted trafficking offenders ranged from 5 to 16 and provide government funding for shelters. The years’ imprisonment. Pervasive corruption in all levels government continues to track and analyze trafficking and sectors of Albanian society seriously hampered the trends through a nationwide database. Government government’s ability to address its human trafficking officials have increased public attention to trafficking problem, according to local observers. While there in Albania. There were serious concerns, however, were no prosecutions of trafficking-related complicity about protection for victims who testified against their initiated, the Supreme Court overturned convictions traffickers. The government did not vigorously prosecute of traffickers in two cases in 2009, raising concerns labor trafficking offenders and did not adequately address regarding the court’s impartiality. In January 2009, the trafficking-related complicity. Lack of political will and government reported it doubled the number of police cooperation in some key government agencies hampered investigators to investigate trafficking. The Serious Crimes the government’s overall ability to vigorously prosecute Court successfully seized and confiscated $268,115 in all forms of trafficking. traffickers’ assets and property in 2009. The government, in partnership with other relevant stakeholders, continued its routine anti-trafficking training for police recruits, in-service police personnel, and other front-line responders in 2009. The government also continued its anti-trafficking training for 200 judges, prosecutors, and judicial police officers.

Protection The Government of Albania took some steps to improve its efforts to identify and protect victims of trafficking Recommendations for Albania: Ensure proactive victims in 2009. The government implemented its identification of persons exploited within Albania’s sex National Referral Mechanism and conducted meetings trade and labor sectors, and intensify partnerships with with relevant stakeholders to improve its functioning. NGOs to increase detection and referral of all trafficking It identified 94 victims of trafficking in 2009, compared victims; improve the safety of victims who cooperate with 108 in 2008. The government’s one shelter as court witnesses by more vigorously implementing assisted 24 victims and NGOs assisted 70 during the the witness protection law for such victims and follow reporting period. In 2009, the government provided through on plans to create a victim-witness advocate free professional training to 38 victims, provided 11

58 ALGERIA 59 he ne hese s. O O G lgeria facilitate frican men and women n March 2009, the lgerian law other for serious aharanA S lgeria does not fully comply with ier 2 Watch List the for second frican migrants. ome becomeome victims trafficking: of men lgeria prohibits all forms trafficking of under aharan nationals in southern A lgeria voluntarily but illegally, often with the S lgerian government made minimal efforts to aharan A S urope. S O estimates that the populations mostvulnerable to G lgeria is placed T on eliable statistics the on number potential of victims he Government A of he A ection its 5 of criminal code. I trafficking include between10,000 15,000and illegal sub- T the minimum standards the for elimination trafficking; of however, is it making significant efforts to do T so. government helped formulate a training program for police, judges, and prosecutors its on counter-trafficking Despitelaw. these efforts, the government did show not overall progress in punishing trafficking crimes and protecting trafficking victims and continued to lack adequate prevention and protection measures; therefore, A consecutive year. Recommendations for Algeria: Proactively implement the new anti-trafficking law by training law enforcement andjudicial officials, investigating potentialoffenses andprosecuting offenders, and establishing necessary legal structures; strengthen the institutional capacity to identify victims trafficking of among illegal migrants; improve services available to trafficking victims, such as shelter, medical, psychological, and legal aid; ensure victims are not punished unlawful for acts committed as a direct result being of trafficked; and undertake a campaign to increase public awareness trafficking. of Most commonly, sub- enter A assistance smugglers, of the for purpose traveling of to E may be forced into unskilled labor and women into prostitution to repay smuggling debts. Criminal networks sub-of this irregular migration by arranging transportation, forged documents, and promises employment.of R are not available from the government N or N Prosecution T address human trafficking through investigations, prosecutions, convictions or during the reporting period. A S government enacted a comprehensive anti-trafficking statute; prescribed penalties rangefrom three to ten years’ imprisonment, which can be increased to years 20 if certain aggravating circumstances are found. T penalties are sufficiently stringent and commensurate with those prescribed under A oma highly n 2009, one -managed ovember O G n N n January 2010, n some cases in 2009, hese working groups, he government continued to s for protection.s for I O lbanians and ethnic R he government continued to fund G lbania sustained partnerships he General Prosecutor’s office not did lbanian territory; however, victims’ freedom of ERIA ational Coordinator’s office continued to manage oma community; previous cumbersome procedures ier 2 Watch List) ier 2 Watch LG T lgeria is a transit and, to a lesser extent, destination he N he Government A of he government did not penalize victims unlawful for he government encouraged victims to participate in ( A country men for and women subjected to trafficking in persons, specifically forced labor andforced prostitution. rendered unregistered A A 2009, the government passed legislation to improve the registration process new for births and individuals in the R vulnerable to trafficking. however, reportedly do not always include civil society actors and they did not efficiently address trafficking cases brought to their attention. T with international organizations in order to implement anti-traffickingprevention activities aimedat informing the public and vulnerable groups about trafficking. T regional anti-traffickingworking groups comprisedof relevant stakeholders in2009. T fund the national toll-free, 24-hour hotline victims for and potential victims trafficking. of I Prevention T movement is often restricted in this high-security center. T acts committed in connection with their being trafficked and, under offered it law, legal alternatives to the removal foreignof victims to countries where they may face hardship retribution, or though no victims were granted such legal alternatives during the reporting period. T investigations and prosecutions trafficking of offenders; however, victims often refusedto testify, they or changed their testimony as a result intimidation of from traffickersor fear of intimidation. I it approvedit draft a law to provide social assistance to trafficking victimsbridging the time that theyleave the shelters until they find employment. N shelters continued to rely primarily international on fundsdonor in order to provide comprehensive services to trafficking victims. T and operate a reception center that housed both victims traffickingof and irregular foreign migrantsidentified within A the police offered no protections to trafficking victims when testifying against their traffickers, forcing victims to rely exclusively N on with micro-credit loans to start private businesses, and integrated five victims into schools. I victim witness received asylum in another country due to ongoing threats from the trafficker to her and her family andconcerns that the government could not adequately protect her. T request witness protection victims for trafficking of in 2009. crimes, such as rape. The government did not report to act as couriers in illegal cross-border trade between investigating or prosecuting any trafficking offenses, Namibia and Angola as part of a scheme to skirt import or convicting or punishing any trafficking offenders fees. Illegal migrants from the DRC voluntarily enter during the year. The Ministry of Justice, in seminars on Angola’s diamond-mining districts, where some are later

ANGOLA amendments to the criminal code, briefed judges and reportedly subjected to forced labor or prostitution in the prosecutors on Algeria’s anti-trafficking law. mining camps. The Government of Angola does not fully comply with Protection the minimum standards for the elimination of trafficking; The Government of Algeria made no discernible progress however, it is making significant efforts to do so. The in protecting victims of trafficking over the last year. It government educated the public about the dangers did not demonstrate development or use of systematic of trafficking in Angola, amended its constitution to procedures for the identification of trafficking victims specifically prohibit human trafficking, and maintained among vulnerable populations, such as foreign women its level of funding for anti-trafficking activities despite arrested for prostitution or illegal migrants. Victims a significant drop in national revenue and subsequent therefore remained at risk of detention for unlawful acts cuts to its national budget. The government took some committed as a result of being trafficked. According to proactive steps to prevent human trafficking during an local NGOs, the government did not provide specialized international soccer tournament, identified trafficking training to government officials in recognizing trafficking victims, trained more counter-trafficking investigators or in dealing with victims of trafficking. The government and agents, and increased enforcement at key trafficking did not provide foreign victims with legal alternatives border crossings. No trafficking offenders, however, were to their removal to countries where they faced hardship prosecuted, and services for victims remained minimal. or retribution. The government did not provide medical, counseling, or legal services to victims, nor did it refer Recommendations for Angola: Specifically amend victims to other service providers. However, government- the Penal Code to prohibit and punish all forms of operated health clinics that provide emergency care to trafficking in persons and sufficiently protect victims; crime victims were available for victims of trafficking. continue to increase the capacity of law enforcement There is no formal program to encourage trafficking officials to identify and protect victims; collect anti- victims to assist with investigation and prosecution of trafficking law enforcement data on offenses, identified offenders. victims, and prosecutions to evaluate the effectiveness of anti-trafficking activities; provide support for the Prevention establishment and maintenance of new shelters and other The Algerian government made minimal prevention care facilities for trafficking victims; follow through on efforts during the reporting period. The government promising prevention efforts which create opportunities convened regional police chiefs in Algiers for a meeting to identify victims and investigate trafficking offenders; with foreign officials in February 2010 to develop a long- and develop and implement procedures for the term training plan on transnational crime, including identification of trafficking victims and their referral to trafficking in persons. Algeria hosted a meeting in March providers of victims’ services. 2010 of Sahel-region foreign ministers to coordinate joint action against transnational crime, including trafficking Prosecution in persons. The government did not conduct a public The Government of Angola provided no evidence of an awareness campaign on trafficking in persons. It did not increase in its anti- trafficking law enforcement efforts have a formal anti-trafficking policy or a national plan of over the last year. Angola does not have a law that action to complement its anti-trafficking law. specifically prohibits all forms of trafficking in persons, though the new constitution promulgated on February 5, 2010 prohibits the trafficking in humans and organs. ANGOLA (Tier 2) The Penal Code has not yet been amended to reflect these provisions in a way which would allow officials Angola is a source and destination country for men, to enforce them against trafficking offenders. Articles women, and children subjected to trafficking in persons, 390-395 of the Penal Code prohibit forced prostitution specifically conditions of forced prostitution and forced and forced or bonded labor, prescribing penalties of labor. Internally, trafficking victims are forced to labor two to eight years’ imprisonment, which are sufficiently in agriculture, construction, domestic servitude, and stringent and commensurate with penalties prescribed reportedly in artisanal diamond mines. Angolan women for other serious offenses. The government did not and children more often become victims of internal rather report any investigations or prosecutions of trafficking or than transnational sex trafficking. Women and children trafficking-related crimes under these statutes during the are trafficked to South Africa, the Democratic Republic year. Statistics on investigations or criminal convictions of the Congo (DRC), Namibia, and European nations, were not made publicly available. The government primarily Portugal. Traffickers take boys to Namibia for strengthened its partnership with IOM, through which forced labor in cattle herding. Children are also forced it provided for the training of 251 police officers, 359

60 ANTIGUA AND BARBUDA 61 s , n OI OI fficers AN 2010, AN2010, epublic he M he M A ome of these of ome mbassy of D hiredOI a o a lesser extent, ed Flag on frica. T ntigua to engage P Protocol. U 2010 games.AN 2010 A he M B ntigua as well as in outh A AR M and the E C and the Ministries of M, a national conference on fundedOI and distributed ) and other officials made D B M to provide counter-trafficking 2010, andAN sought 2010, technical eintegration, Justice, and Foreign OI M, ran a soccer-themed public epublic subjected to trafficking in ations football tournament (C ssociation Police O Women’s of nterpol and the Governments of nglish, and French. T ngola hosted in January T 2010. he A nterior (M UA AN G rafficking,” featuring flyers and billboards n partnership with IO ssistance and R ntiguan citizens acting as pimps and owners ngolan government made modest efforts to prevent fricaCup N of ier 2) ctober 2009,the government conducted and partially orway in Luanda, the M T ffairs. I ngola is not a party to the 2000 UN TI ntigua and Barbuda is a destination country a for he A ocial A A N trafficking awareness pamphlets targeted to vulnerable populations. T 2010), which A 2010), in partnership with IO awareness campaign entitled “Drop the R Human T in Portuguese, E private sector consultant to help develop its counter- trafficking strategy C for assistance from I Germany, Portugal, Brazil, and S also coordinated with IO training to officials INAfrom S trained other police officers to recognize child traffickers andexploiters in preparation the for C trafficking over the reporting period. High-ranking Ministry I of public statements condemning trafficking and raised awareness the of issue throughout the rating period. I O funded, in concert with IO the prevention human of trafficking preparationin for the A partits of anti-trafficking campaign during C the the government made some efforts to reduce the demand commercialfor sex acts, particularly . A ANTI A small number women of from Guyana, Haiti, Jamaica, and the Dominican R persons, specifically forcedprostitution. T Prevention T isit reportedly also a destination country women for subjected to involuntary domestic servitude in private homes. Business people from the Dominican R and A subject foreign women to forced prostitution primarily in four illegal brothels that operate in A private residences that operate as brothels. S foreign women voluntarily migrate to A in prostitution but are subsequently subjected to force or ( he F, F, C) C) s,and E C O s offered INA G N ngolan he law did, rganization etworks he CP outh, some of he UN Joint Human O that receives t the local level, police G SOS Centers” victims for of ngolan victims law, sex of ), an N n partnership with UNI A M he government continued to rely orth and Lunda S O nder A ational Children’s Council ( ngola. I s credit this recent increase in the number of here were no apparent victim services available O ffice reported in May2009 that Congolese G s), whichs), serve as crisis “ ngolan ( Women N ights O trafficking maybring criminal charges against their traffickers, but may not seek compensation. T however, provide compensation for to victims forced of bondedor labor. Current laws did not provide legal alternatives to the removal foreign of victims to countries where they may face hardship retribution, or relief or from prosecution crimes for committed as a direct result beingof trafficked. government support. Law enforcement, immigration, and social services personnel do not have a formal system proactivelyof identifying victims trafficking of among high-risk persons with whom they come in contact. T government does not offer victims long-term assistance, doesnor offer it temporary permanent or residency to foreign victims trafficking. of Draft anti-trafficking legislation currently includes provisions to provide foreign trafficking victims with the same kindof social assistance, residence, and legal protection provided to asylum seekers. U rescue services, health, legal and social assistance, and family reunification. Government personnel referred an unspecifiednumber of suspected victims over the ageof to shelters16 and services provided by the O A of for childfor victims under the age nine. of T trafficking and other crimes who are between the agesof T 9 and 16. the government’s N continued to operate Child 18 Protection N (CP Protection During the past year the government sustained modest efforts to ensure that victims trafficking of received access to assistance. T heavily upon religious, civil society, and international organizations to protect and assist victims trafficking; of authorities identified and referred33 victimsof labor trafficking to careproviders in the last threemonths of 2009. N identified victims withmore public awareness and better reporting, rather than an increase in the occurrence traffickingof in A 51 stakeholders51 in trafficking awareness and effective measures to counter trafficking. A and military officials have been implicated in facilitating the illegal entry foreigners of into the diamond-mining provinces Lunda of N law enforcement officials, prosecutors,40 26 N whom reportedly become victims forced of labor or prostitution in the mining camps. T R military personnel in Cabinda province. Despite this, no investigations prosecutions or officials of for complicity in human traffickingwere reported. officialsbroke up a sex trafficking ring “sold”that had more than 30 traffickedwomen and girls to A coercion and become victims of sex trafficking. After their sufficiently stringent and commensurate with penalties arrival, brothel managers confiscate their and prescribed for other serious crimes. There were no threaten the victims with deportation until they repay the reported efforts to prosecute trafficking offenders under brothel owner for travel and other expenses they were not existing laws covering forced adult or child labor. Labor aware they had incurred. Some other foreign victims of officials reportedly inspected workplaces periodically, sex trafficking enter the country legally with work permits and reported no instances of the forced labor of children as “entertainers” then are subsequently forced to engage or adults. Law enforcement and immigration agencies in prostitution. did not yet have sufficient training, funding, and equipment to effectively follow up on requests from The Government of Antigua and Barbuda does not fully the anti-trafficking coalition to investigate suspected comply with the minimum standards for the elimination cases of sexual and domestic servitude. Immigration of trafficking; however, it is making significant efforts officers continued to summarily deport foreign women to do so. Despite limited resources and a relatively small found engaging in illegal prostitution without first number of victims, the government identified possible determining whether the women were possible victims cases of human trafficking, provided training to law ANTIGUA AND BARBUDA of sex trafficking. Under Antiguan law, it is a crime enforcement officials, provided victims with shelter and for employers to confiscate their employees’ passports services, and continued to run public awareness and or other identity and travel documents. Police helped education programs. No trafficking offenders have been probable trafficking victims to recover their passports and arrested or prosecuted, however, and law enforcement other personal documents that had been confiscated by officers continue to treat some probable victims as their employers. No employers, however, were arrested or criminals. prosecuted for illegally depriving their employees of their passports or travel documents. Individual immigration

ANTIGUA & BARBUDA TIER RANKING BY YEAR officials were reportedlyICELAND TIER RANKING BY YEAR complicit in the sex trafficking of two women during the year. The Gender Affairs Directorate did not yet receive a satisfactory response to its 2008 request that the immigration department conduct a review of why immigration officials had issued work-permits to foreign women who were almost certain to engage in an illegal activity such as prostitution, and who had indeed been subjected to debt bondage and commercial sexual exploitation after they entered the THE BAHAMAS TIER RANKING BY YEARRecommendations for Antigua and Barbuda: Draft country. KOSOVO TIER RANKING BY YEAR and enact a comprehensive anti-human trafficking law; investigate and prosecute trafficking offenses Protection under existing laws, and convict and punish trafficking The Government of Antigua and Barbuda continued offenders; proactively identify trafficking victims among solid efforts to offer victims medical, psychological, vulnerable populations such as foreign women in legal, and social services. As the government lacked prostitution and in domestic service; allocate additional sufficient resources to build a permanent, secure shelter resources for the anti-trafficking work of the Gender for trafficking victims, the Gender Affairs Directorate Affairs Directorate and National Coalition Against established a series of emergency safe havens. This BARBADOS TIER RANKING BY YEAR MALDIVES TIER RANKING BY YEAR Trafficking in Persons; include provisions in immigration network consists of several locations provided by laws which provide undocumented foreigners who may businesses, churches, clinics, and private individuals be trafficking victims relief from automatic deportation; where trafficking victims can be securely sheltered out of and increase training for law enforcement officers on reach of their victimizers. The Gender Affairs Directorate victim identification. received funds to coordinate the work of the National Coalition Against Trafficking in Persons and to provide Prosecution legal, health, advocacy, and crisis services accessible The Government of Antigua and Barbuda made minimal to all victims of trafficking, regardless of nationality. BOTSWANA TIER RANKING BY YEARprogress in its anti-human trafficking law enforcement The Gender AffairsNAMIBIA TIER RANKING BY YEAR Directorate continued to recruit efforts over the last year. Authorities assisted probable Spanish-speaking volunteers to assist with suspected victims of trafficking, but no trafficking offenders were cases of trafficking involving foreign nationals. Other arrested or prosecuted during the year. Antiguan law does NGOs provided services such as health screening and not specifically prohibit trafficking in persons, although assistance in repatriation. Unlike most other government forced and compulsory labor are specifically prohibited officials, police and immigration officers made no effort in the Constitution. Existing statutes such as Section 18 to identify victims among vulnerable populations, such of the Sexual Offenses Act of 1995 prohibit some sex as foreign women in prostitution, and they continued trafficking offenses as well as trafficking-related offenses, to treat potential trafficking victims as criminals. As TIER RANKING BY YEAR PALAU TIER RANKING BY YEAR though these were not used to prosecute sex trafficking yet, Antiguan law does not allow time for immigration offenders during the year. Prescribed penalties for officials to investigate whether an illegal migrant is or forced prostitution of up to 10 years’ imprisonment are

62 ARGENTINA 63 urope, E igorously implement rgentine all law, rgentina prohibits rgentina achieved its rgentina’s borders long uch penalties are sufficiently urope. A ccording to A rgentina does not fully comply with rgentina increased anti-trafficking epublic, are forced into prostitution in rgentina is a transit point foreign for rgentine women and girls are found in forced ires. A pril 2008, which prescribes penalties three of to rgentina. Bolivians,Paraguayans, and Peruvians, as he Government A of he Government A of prostitution in Western E are difficult monitor,to making the country a transit area traffickersfor and their victims. T the minimum standards the for elimination trafficking; of however, is it making significant efforts to do so. During the past year, the Government A of first convictions under 2008the anti-trafficking law and improved government mechanisms identifying for and caring trafficking for victims.However, whilenumerous trafficking cases are currently progress,in the overall number convictions of was in low comparison with the number victims of identified, shelters remained inadequate, and alleged complicity government of officials with traffickers preventedmore comprehensive anti-trafficking efforts. Recommendations for Argentina: V the new anti-trafficking law; ensure that trafficking prosecutions are not dismissed the on basis victims’ of consent; intensify law enforcement efforts to dismantle trafficking networks; increase judicial prosecutorialand efforts to investigate, prosecute, convict, and punish traffickingoffenders, including corrupt publicofficials who may be complicit in trafficking crimes; increase investigations forced of labor and involuntary domestic servitude crimes; dedicate more resources victim for assistance, particularly shelters; enhance victim protections; and increase anti-trafficking training for law enforcement, judges, and other public officials. women and girls trafficked into commercial sexual exploitationin Chile, Brazil, Mexico, and Western and some A the Dominican R A well as Colombians and Dominicans,are subjected to forced labor in sweatshops, farms, on and increasingly in grocery stores and as street vendors. Child is a problem, particularly in the tri-border area and in Buenos A Prosecution T law enforcement efforts last year. A all forms trafficking of pursuant to 26,364,Law enacted in A years’15 imprisonment. S stringent and exceed those prescribed other for serious crimes, such as rape. A ffairs, nglish rafficking he tri- ntigua and n most cases ocial Welfare, he government gainst T oyal A he government did rgentina. T he government did not s, religious representatives ier 2) O T s, and community activists G he coalition’s national action O G ntigua and Barbuda sustained ational Coalition A rgentine sex trafficking victims, wellas he coalition, under the leadership of ffairs Directorate, met the at end every of he government offered no legal alternatives to ffairs Directorate’s crisis hotline; and reviewed ENTINA ( ransformation, Health, Labor and Gender A panish, in the form anti-trafficking of brochures and G mmigration department, and the R rgentina is a source, transit, and destination country he government also formed individual partnerships he Government A of ocial T AR A men,for women, and children subjected to trafficking in persons, specifically forcedprostitution andforced labor. Many victims from rural areas northern or provinces are forced into prostitution in urban centers wealthy or provinces in central and southern A in Persons, made the up of Ministries S of S the I Barbuda Police Force as well as partners from various civil society groups, N andadvocates. T the Gender A month to discuss suspected cases, formulate strategies to address them, and follow up with law enforcement to conduct investigations. T planfocused educating on immigrants, the general public, andfront-line workers human on trafficking; established a spokesperson to represent the coalition; combined trafficking outreach protectionand efforts with the Gender A anti-traffickinglegislation and statutory instruments. T with regional and local N and community advocates to better organize their anti- trafficking efforts and outreach. T carry out sponsor or any programs to reduce demand for commercial sex during the reporting period. border area with Paraguay and Brazil is a significant source area A for as a transit region labor for trafficking victims from Paraguay. A significantnumber foreignof women and children, primarily from Paraguay, Brazil, Peru, and continued to run awareness campaigns, many in E andS radio spots. Country-wide anti-trafficking activitieswere coordinated by the N Prevention T modest efforts to prevent human trafficking and increase public awareness this of crime. T involving possible trafficking victims,foreign women withoutproper documentation were deported for immigration violations before officialsattempted to identify whether any were trafficking victims and what kind protection of care or any potential victims may have needed. T the removal foreign of victims to countries where they would face hardship retribution. or T not encourage victims to assist in the investigation and prosecution trafficking of crimes. may be a trafficking victim beforeor he mustshe be deported; some foreigners detained immigration for violations likely were trafficking victims. I suspects charged with crimes that have a minimum victim care varied widely by province. The government penalty of three years are eligible to post bail. Authorities did not provide specialized care for adult male victims. indicted 90 individuals in 54 trafficking cases. During After transferring the Office for Rescue and Caring of the reporting period, the government obtained three Victims of Trafficking from the Ministry of the Interior convictions of sex trafficking offenders, with one sentence to the Ministry of Justice in 2009, psychologists,

ARMENIA for four years, another for 10 years, and one trafficking social workers, and policy experts were included in offender under house arrest after receiving a four-year law enforcement efforts involving the identification of sentence. A federal court in Buenos Aires province ruled victims. During the reporting period, the government that trafficking victims cannot provide consent when conducted 254 raids on suspected commercial sex sites their social or economic background limits free choice. and sweatshops and rescued 421 trafficking victims: over NGOs report that during legal proceedings, victims are three-quarters of these victims were adults. The Office sometimes asked if they initially consented to engage in for Rescue and Caring of Victims of Trafficking provided certain activities, such as prostitution, and affirmative initial post-rescue care, including access to legal, medical, answers were sometimes considered proof that the victim and psychological services. The governments of Salta and was not trafficked. Chaco provinces maintained their own victim care offices. Foreign victims had the same access to care services as According to NGOs and international organizations, Argentine victims. Argentine authorities encouraged some provincial and local law enforcement officers are victims to assist with the investigation and prosecution complicit in human trafficking crimes. Some police of their traffickers; however, some officials reported officers reportedly turn a blind eye to trafficking activity deficiencies in witness protection provided to victims. or tip off brothel owners about impending raids. The There were no specific reports of victims being jailed or government did not convict any government officials penalized for unlawful acts committed as a direct result involved in human trafficking last year, although there of being trafficked. Trafficking victims may petition were several ongoing investigations into suspected police the Argentine government for temporary residency on complicity in commercial sexual exploitation cases. In humanitarian grounds, and citizens of Mercosur member addition to the central government’s anti-trafficking or associate states can obtain temporary residency in prosecutor’s office, at least 10 provinces have created their Argentina under Argentine immigration law, though it own specialized law enforcement units to investigate was not clear how many victims, if any, received such trafficking. Argentine authorities worked with foreign temporary residency. The government did not report governments to investigate several trafficking cases. The identifying or assisting any repatriated Argentine victims prosecutor general approved a standardized protocol of trafficking abroad. for investigation of sex trafficking cases and guidelines for identifying, interviewing, and assisting victims. Prevention Authorities trained over 4,000 judicial officials and law enforcement officers on victim identification and care; The government sustained its prevention activities. however, there is a need for further training for officials Several provincial governments organized anti-trafficking on how to investigate and prosecute trafficking crimes. campaigns, and used films, leaflets, and workshops in schools to raise public awareness. The City of Buenos Protection Aires passed a law designating a “Week for the Fight Against Trafficking.” The government increased its ability The government assisted trafficking victims during the to monitor the trafficking situation through enhanced reporting period, though international organizations data collection and research efforts. Argentine penal code and NGOs provided most specialized victim services. does not specifically prohibit child sex tourism and the In response to a rising number of Dominican trafficking government did not prosecute any child sex tourists. In victims, in 2009, Argentine authorities established an an effort to reduce the demand for commercial sex acts, airport interview process to identify trafficking victims the Prosecutor General signed a resolution instructing among Dominican citizens attempting to enter the federal prosecutors to seek the closure of all brothels country. The National Migration Agency increased its NGOs reported, however, that brothels are generally inspections of migrants’ living and working conditions in tipped off by local police in advance of raids and that the Buenos Aires more than tenfold. The federal government resolution will have little effect unless something is done did not operate shelters dedicated solely to trafficking to address police complicity. The government provided victims, but provided modest funding to some domestic anti-trafficking training to Argentine troops prior to their violence shelters at the local level. The majority of deployment on international peacekeeping operations. trafficking victims were referred to government-operated public shelters, such as domestic violence shelters, or shelters run by local NGOs or religious orders: in some (Tier 2) cases, authorities placed victims in hotels or safe houses. There is only one shelter dedicated solely to trafficking Armenia is a source country for women subjected to victims in Argentina, and it is run by an NGO. Many trafficking in persons, specifically forced prostitution, a shelters were oversubscribed, and the quality and level of source and destination country for women in forced labor,

64 ARMENIA 65 n ll 11 ll 11 rmenian uthorities he government s a result the of eptember 2009, O to provide G n S s, international O G he government continued to rmenia demonstrated mixed rmenia’santi-trafficking law and he separate trial a former of deputy rmenian courts prosecuted individuals 19 in 12 he government investigated cases 15 trafficking of lthough there were no new reports government of he Government A of penalties that are sufficiently stringent and commensurate with those prescribed other for serious crimes, such as rape. T – including ninesex trafficking and six labor trafficking investigations – compared with investigations 13 in 2008. A trafficking cases during the reporting period, compared with eight individuals prosecuted in 2008. A convicted trafficking 11 offenders 2009in – including eight individuals sex for trafficking and three for labor trafficking – up fourfrom convictions 2008.in A convicted offenders in 2009 were given prison sentences; no traffickers received suspended sentences. Four offenders were given sentences ranging from three to five years’ and seven offenders were given sentences ranging from seven years’ to 13 imprisonment. A government’s anti-trafficking partnerships with outside parties, approximately 447 government officials received training from anti-trafficking N organizations, foreign governments, and the A governmentrange a on anti-trafficking of issues including the application A of the national victim referral mechanism, investigation techniques, and forced labor. A officials’ complicity in trafficking over the last year, the government demonstrated only modest progress in the reopened investigation a well-documented of 2006 corruption case. T principal a state-run of special needs school who was accused forcing of two students to beg in 2008 remained in progress the at conclusion this of reporting period. Protection T efforts to identify and provide protection to victims of trafficking during the reporting period. T did not spend the funding that had it allocated for victim assistance in 2009, however in March 2010, signedit an agreement with a local N funding facility for rent one trafficking for shelter from February through December I 2010. the government issued a decree that ensures victims are provided access to free state-provided medical services; two victims received such medical assistance during the reporting period. T implement its national victim referral mechanism. I March the government 2010, enacted changes to the s O G O service rmenian -run shelter G O rticles 132 G rmenia prohibits rmenian boys are ussia are subjected to he government rmenian women are rmenia. urkey. A rmenia does not fully comply ussia while A he government continued to implement rmenian men and women are subjected rmenia are subjected to sex trafficking in the UAE rmenian government increased its overall law urkey. A s providing victim assistance; vigorously investigate, n January the government 2010, enacted legislation O G he A he Government A of for facilityfor rent. T its national trafficking victim referral mechanism and nearly doubled the number victims of identified it compared with the previous year. T demonstrated modest progress in combating government officials’ complicity in trafficking; however,more should be done to prosecute suspected officials. Recommendations for Armenia: Provide funding for N enforcement efforts against human trafficking during the reporting period, however, did it not demonstrate efforts to prosecute cases linked to previous allegations governmentof officials’ complicity. A trafficking in persons for both forced labor and commercial sexual exploitation through A its of penaland 132-1 code which, as amended in January prescribe 2010, penalties least at of five years’ imprisonment and years’ up to 15 imprisonment – Prosecution T providers assistance; for consider partnerships with N prosecute, and convict officials complicit in trafficking; increase the numbervictims of referred to N that would allow them to regularly assist law enforcement with the victim identificationprocess; continue to improve efforts to protect victims who consent to serving as witnesses the for state in prosecutions traffickers; of continue to ensure that victims are provided with legally mandated assistance (medical, legal, primary needs, and shelter) all at appropriate stages the of victim assistance process; continue to ensure a majority convicted of traffickingoffenders serve time prison;in ensure that all funding allocated anti-trafficking for programs and victim assistance is spent designated on programs; and continue efforts to raise public awareness about both sex and labor trafficking. that increased the minimum penalty convicted for traffickingoffenders to five years’imprisonment, allowed thefor confiscationof assets from convicted trafficking offenders,and exempted trafficking victims from criminal prosecution crimes for committed as a direct result of being trafficked. While the government provide not did funding victim for assistance in 2009, in March it 2010 allocated approximately $15,000 to an N with the minimum standards the for elimination of trafficking;however, it is making significant efforts to do so. I subjected to forced labor in T subjected to conditions forced of labor and A women and girls are subjected to forced prostitution within the country. from Women R conditions forced of labor in A T to forced labor in R and a source country men for in forced labor. Women from A and T national referral mechanism, increasing government- funded assistance and shelter for trafficking victims AUSTRALIA (Tier 1) from seven to 30 days after their initial identification; Australia is a source and destination country for additional assistance was contingent upon their women subjected to trafficking in persons, specifically cooperation with law enforcement investigations. NGOs exploitation in forced prostitution, and, to a lesser expressed concern that the national referral mechanism extent, women and men in forced labor and children in

AUSTRALIA was disproportionately focused on prosecuting trafficking commercial sexual exploitation. It is also a source country offenders rather than assisting victims. The government for child victims of sex trafficking. Primarily teenage significantly increased the number of identified victims girls, but also some boys, are forced into prostitution during the reporting period: law enforcement officials by pimps. Some indigenous teenage girls are exploited identified 60 victims in 2009 and referred 22 of them to in prostitution at rural truck stops. Some women from NGOs for assistance, compared with 34 victims identified Thailand, Malaysia, South Korea, Taiwan, Vietnam, and 20 referred for assistance in 2008. Foreign-funded China, and, to a lesser extent, Eastern Europe, migrate NGOs assisted 26 victims in 2009, compared with 24 to Australia voluntarily intending to work legally or victims in 2008. Victims were encouraged to cooperate illegally in a number of employment sectors, including with law enforcement bodies; in 2009, all 60 victims prostitution. Subsequent to their arrival, however, some assisted police with trafficking investigations. NGOs also of these women are coerced into illegal prostitution. They reported improved sensitivity for victims’ rights by judges are sometimes held in captivity, subjected to physical and prosecutors. Foreign trafficking victims identified and sexual violence and intimidation, manipulated within Armenia were permitted to stay in the country through illegal drugs, and obliged to pay off unexpected and work in the local economy. In November 2009, or inflated debts to their traffickers. Some victims of the government enacted a legislative amendment that sex trafficking have also been exploited in involuntary exempts trafficking victims from criminal prosecution domestic servitude. For apparently the first time, a woman for any unlawful acts they may have committed as a from Australia was identified as a trafficking victim in the direct result of being trafficked; there were no reports of United States. victims being penalized for such acts during the reporting period. The lack of appropriate victim-witness protection Men and women from several Pacific islands, India, continued to be an issue of concern; this may have China, South Korea, and the Philippines are recruited to hampered Armenia’s prosecution efforts. work temporarily in Australia. After their arrival, some are subjected by unscrupulous employers and labor agencies Prevention to forced labor in agriculture, viticulture, construction, The Armenian government demonstrated adequate and other sectors. They face confiscation of their travel anti-human trafficking prevention efforts, particularly documents, confinement on the employment site, threats through awareness raising during the reporting period. of physical harm, and debt bondage through inflated In 2009, the government’s Migration Agency allocated debts imposed by employers or labor agencies. Most about $8,000 for the publication and distribution often, traffickers are part of small but highly sophisticated of 100,000 brochures and leaflets describing legal organized crime networks that frequently involve procedures for Armenians seeking to work abroad. These family and business connections between Australians materials were distributed to migrant travelers at the and overseas contacts. Some traffickers attempt to hide airport in Yerevan and also at employment centers and their foreign victims from official notice or prevent social resource centers. The government also provided victims from receiving assistance by abusing the legal approximately $20,000 for an awareness campaign system in order to create difficulties for victims who targeted at adolescents titled “Campaigns Among Youth contact authorities for help. Relative to the population of to Increase Awareness on the Threat of Trafficking.” Australia, research indicates that the estimated number of The campaign included a digital video conference trafficking victims is modest. discussion of the dangers of trafficking that aired on The Government of Australia fully complies with the Armenian public television. The campaign also included minimum standards for the elimination of trafficking. additional regional workshops to train youth leaders Australia has adopted a whole-of-government response about the dangers of trafficking – this information was to people trafficking, which includes a national policing then disseminated to their peers. Border officials did not strategy and specialist police investigation teams, a victim specifically monitor emigration and immigration patterns support program which includes long-term residence for evidence of trafficking, and the government made no and care for foreign victims, and extensive regional discernible efforts to reduce demand for commercial sex cooperation efforts. During the year, the government acts. prosecuted and convicted trafficking offenders, amended victim protection regulations to better protect victims, continued a long-term trafficking research project, objectively evaluated its own anti-trafficking activities, and provided training and consultation to foreign government officials on trafficking matters. Labor

66 AUSTRALIA 67 he ustralian ictims of ustralian rafficking, fficeof rafficking o victims lavery Project S he O nti- ravelers,” brochure ictims People of upport V for hese amendments also ustralian T fficials continued to include the upport V for oundtable People on T ustralia demonstrated efforts ustralia increased its efforts to . O he government encouraged victims ince 2004, approximately percent 10 ational R he government convened a meeting in June ights Commission and the A mart: Hints A for rafficking Program and Peoplethe T n 2009, the government along with the A s. I O ravel S fficials followedformal procedures proactively for G isa Framework, which went into effect July on 2009, 1, he Government A of he Government A of rafficking Program; between January2009 and January T package covering legislation, investigative methodologies, trafficking trends, intelligence targeting, and victim liaison. Prevention T Protection T provide protection and care to victimstrafficking of over the last year. Changes to the S to prevent trafficking in persons during the year. T government committed million $9.2 anti-trafficking for activities coordinated it in 2009-2010; efforts least at of government10 agencies guided by a 2003 anti-trafficking strategy. T 2009 the of N a mechanism coordinating for among its agencies and N People T V ensure that victims trafficking of can access support services regardless whether of they assist police with an investigation prosecution. or T abolished temporary witness protection visas, added a 20-day transition period victims for voluntarily leaving the support program, and sped up the process grantingfor permanent witness protection visas to foreign victims andtheir immediate family members. T managedWomen the S T provided it victims 57 2010, with support, including accommodation,living expenses, legal aid, health services andcounseling. S theof victims who received services under the Program were victims labor of trafficking outsideof the sex trade. O identifying victims in vulnerable populations, including women involved in the legal sex trade, and referring them services. for T to participate in trafficking investigations. N were incarcerated, fined,or penalized for unlawful acts committed as a direct result being of trafficked. Human R published the National Guidelines for NGOs Working withPeople Trafficked “ with all issuances, which highlights A trafficking and child sex crime laws and details for FP n fter exual he even he A ct of ustralia hese ), specialist TSETT ransnational S ustralian Federal sia region; and expand mendment) A ydney arrested two men eams ( ecently, they have received outheast A anctions A asmanian court sentenced one ustralia demonstrated increased rafficking T mployer S E FP) investigators with the T upreme Court charges on possessing of and A ustralia prohibits sex and labor trafficking and xploitation and T he Government A of hree are currently appealing their convictions. S n February two traffickers 2010, were convicted in n late March a T 2010, n December 2009, police in S units responsible investigating for traffickingoffenses as well as child sex tourism and the on-line sexual exploitation children, of were trained to conduct complex, sensitive, protracted trafficking investigations multi-in a jurisdictional and international environment. T sustained partnerships with several other countries’ law enforcement authorities, sharing the benefitof their experience with them through an investigation training Prosecution T greater attention from the media and academics, and the government has begun in-depth research and planning. Recommendations for Australia: Continue to proactively identify trafficking victims within legalizedthe and illegal sex trades; expand efforts to criminally prosecute employers and labor recruiters who subject migrant workers to debt bondage and involuntary servitude; provide criminal penalties employers for who exploit foreign laborers; continue to take a programmatic leadership in role the S anti-trafficking law enforcement efforts over the last year. A trafficking-relatedoffenses through Divisions 270 and the of 271 Commonwealth Criminal Code, which prescribe maximum penalties from to 12 25 years’ imprisonment and fines$152,000.of up T to penalties are sufficiently stringent and commensurate with those prescribed other for serious offenses. T Migration ( trafficking and internal sex trafficking of children are less well understood. R additional sex traffickingprosecutions were initiated but not concluded as the of end the of reporting period. I Cairns S using a slave after luring a Filipina woman to A and enslaving her as a domestic servant and concubine. I Police ( E trafficker to ten years’ imprisonmentprostituting for a 12-year-old girl to more than clients 100 in 2009. A sexuallyfor abusing and prostituting a teenage boy over an eight-year period in the 1980s. A the conviction, police launched a manhunt the for 100 men who allegedly paid the pimp sex for with the child. I current anti-trafficking awareness campaigns directedat clients the of sex trade. 2007 prohibits exploiting migrant employees through forced labor, sexual servitude slavery, or and prescribes penalties up to of five years’ imprisonmentor various fines that are sufficiently stringent andcommensurate with penalties prescribed other for serious crimes. I the past year, the government prosecuted and convicted four sex traffickingoffenders and two labor traffickers. T reporting a possible violation of the child sex laws to the The government identified and referred an increased AFP. During the reporting period, the TSETTs conducted number of trafficking victims for assistance, and police 372 investigations and assessments of allegations of child demonstrated an increasingly victim-centered approach sex tourism offenses, and the government prosecuted to law enforcement efforts. In an attempt to prevent one Australian alleged child sex tourist. The Crimes involuntary domestic servitude, the government amended AUSTRIA Legislation Amendment (Sexual Offences Against its regulations in 2009 to require all foreign domestic Children) Bill 2010, passed by the Senate in March 2010 workers to appear in person at the Ministry of Foreign but not yet enacted, will increase prescribed penalties Affairs to receive information on how to get help if they for child sex tourism to 20 years’ imprisonment, and become victims of forced labor. It hosted a UN event introduce new aggravated offenses with penalties of up to to notify foreign embassies in Austria about this new 25 years’ imprisonment. In October 2009, a local council requirement. The Austrian government, however, did in Melbourne introduced an “Anti Slavery and Sexual not adequately punish convicted trafficking offenders, Servitude Local Law” requiring brothels to display signs and it did not employ systematic procedures for the in English, Thai, Korean, Chinese and Russian providing identification and referral of victims. Also, some child information on the crime of slavery and sexual servitude, victims of trafficking were penalized for unlawful acts and on how to seek help for those involved in sex slavery. committed as a direct result of being trafficked. Australian diplomats and consular personnel received Recommendations for Austria: Aggressively prosecute training in identifying and providing assistance to victims traffickers to ensure a majority of trafficking offenders of trafficking overseas. In addition, the government serve some time in prison; establish a systematic provided substantial funding for law enforcement identification and referral process throughout Austria, training, victim assistance programs, and prevention including in immigrant reception centers; establish activities throughout Southeast Asia. The Australian specialized care for children who are victims of government foreign assistance agency, AUSAID, funded trafficking; establish services for men who are victims of the Asia Regional Traffic in Persons project ARTI( P), forced labor; take measures to improve public awareness which promotes a coordinated approach to trafficking of trafficking in Austria and reduce demand; consider in persons by criminal justice systems throughout the amending 104(a) to increase penalties for trafficking region. Partner ARTIP countries include Thailand, Lao cases, including cases involving children; and provide PDR, Cambodia, Burma, , Vietnam, and the specialized training for law enforcement and social Philippines. In February 2009, ARTIP presented ASEAN workers involved in the rehabilitation of victims. with a draft resource, Trafficking in Persons: Handbook on International Cooperation, which will provide a blueprint Prosecution for mutual legal assistance and extradition in the The Austrian government demonstrated moderate efforts region. The Australian government educated troops and to prosecute and convict traffickers during the reporting police officers on trafficking issues, as well as the legal period. However, over half of convicted traffickers spent ramifications of engaging in or facilitating trafficking, or 12 months or less in jail; one-third of convicted traffickers exploiting trafficking victims, prior to their deployments received no jail time. Article 104(a) of the Austrian on international peacekeeping missions. Criminal Code prohibits trafficking for both sexual exploitation and forced labor. Prosecutors typically use AUSTRIA (Tier 1) Articles 104(a) and 217 of the Criminal Code, which prohibit cross border trafficking for the purpose of Austria is a destination and transit country for women, prostitution, as well as Article 114 of the Aliens Police men, and children subjected to trafficking in persons, Act, which contains provisions on alien smuggling, to specifically forced prostitution and forced labor. Victims prosecute traffickers. Penalties prescribed inA rticle 104(a) originate from Eastern Europe, Africa, and Asia. Austrians and Article 114 range up to 10 years’ imprisonment, while reportedly spent $4.3 billion on domestic workers penalties prescribed in Article 217 range from six months’ in 2009; exploitation is believed to be a significant to 10 years’ imprisonment. These penalties are sufficiently problem in this sector. Some forced domestic servitude stringent and commensurate with those prescribed for involves diplomats, primarily from the Middle East, other serious crimes, such as rape. The government who enjoy diplomatic immunity. Forced labor occurs in reportedly prosecuted and convicted 67 trafficking the agricultural, construction, restaurant, and tourism offenders in 2008; however, it only reported sentences industries. Forced begging involving Roma children and for offenders in which trafficking was the leading others from Eastern Europe continued to be a problem. charge. In 2008, the government convicted 18 trafficking An NGO that works primarily with Nigerian trafficking offenders, a decrease from 30 such convictions in 2007. victims reported traffickers abuse the legal prostitution Sentences for three of these offenders were between one and asylum processes to control their victims and keep and three years. The government completely suspended them in Austria legally. the sentences of four offenders and partially suspended nine, resulting in sentences between one and 12 months The Government of Austria fully complies with the in jail. Two other convicted traffickers paid fines. Local minimum standards for the elimination of trafficking.

68 AUSTRIA 69 O t G ustria, AT A CP t did not report any he government also ustrian nationals t funded campaigns to ustrian law provided ccording to E , and there was little official s on trafficking,s on and by police nterior Ministry produced O O s and government offices G G he folder lists contact numbers ustrians contribute to the global O he I he government reportedly ensured G ustria continued a campaign to encourage ustria. T s maintaining an active presence in well known O t continued to subsidize several TV programs about G ienna, do not identify many child trafficking victims ccording to local experts, authorities, especially outside ustria continued its proactive efforts to prevent follow assurances up or made to ensure a safe return protectionor from re-trafficking. Furthermore, the center only accommodated children who have been apprehended by the police, and is an open facility, allowing traffickers continued access to their victims. A V of and there are no specialized services targeted or outreach efforts to identify potential children who are trafficked throughout A identified victimswere not punished for unlawful acts committed as a direct result being of trafficked;however, during the year least at some child sex trafficking victims were penalized unlawfully for engaging in prostitution. accommodate trafficked children, does not function as an anti-trafficking N approximately 4,500 A demand child for sex tourism. A extraterritorial jurisdiction over A who travel abroad to engage in child commercial sexual exploitation. A tourists and travel agencies to report cases child of sex tourism during the reporting period. I investigations prosecutions or such of activity. accomplished this by distributing information brochures usefor by police and N andN offering support to victims. A Prevention A trafficking through public awareness raising activities in 2009. I trafficking andhosted international conferences aimedat raising awareness trafficking. of I educate clients about the possible presence trafficked of women in the prostitution sector, and to inform women in prostitution about their rights under nationalI law. “red light“red districts.” T and distributed a folder to increase law enforcement’s awareness about human trafficking and to improve victim identification. T anti-traffickingfor N responsible victim for protection. T subsidized a leafletproduced and distributed by an N O , s to G O O ct, G his G his n , during s when these O ustrian t provided ienna. T he governmenthe G O T G ettlement A he A O reported a high G ccording to one N , which provided open ienna proactively referred O G esidence and S ccording to N one s reported police effectively ustria sustained its efforts to protect O G he government provided foreign victims of ; all victims received assistance in the form ienna’s specialist center unaccompanied for t continued to fund the country’s only O G he government did not yet, however, employ ustrian government provided $828,000 to this N pril 2009 passed the R ustria’s sizable, legal commercial sex sector consisted of he City V of he Government A of he A the only systematic regulation by the government within A weekly health checks sexually for transmitted diseases and periodic police checks registration of cards. I 2009, the government began training labor inspectors to increase identificationforcedof labor trafficking. T center reportedly facilitated the repatriation children of subjected to forced prostitution and forced begging during the reporting period. However, according to local observers, this center has limited capacity to minors accommodated children 121 in 2009, some of whom were reported to be victims trafficking. of T rate victims of who willingly cooperated their on cases. Furthermore, police provided information potential on female victims forced of prostitution to N victims appeared reluctant to disclose elements their of exploitation to law enforcement. A which listed victims trafficking of as a special category withrighta temporary for resident status. encouraged victims to assist with investigations and prosecutions traffickers of and an N of socialof and legal counseling in their native language, German-language classes, computer courses, and health prevention. T trafficking withlegal alternatives to their removal, and in A a case in 2009, a victim testified five separate times, but the suspect was subsequently released. T government did disaggregate not its data to demonstrate it prosecuted convicted or labor traffickingoffenders. in 2009, compared with $542,700 in 2008. I counseling and other services trafficking to 182 victims in 2009; police referred approximately 90 these of victims, compared with 60 referrals from the previous year. Fifty-nine victims received shelter from the government- funded N formal and systematic procedures the for identification and referral victims of within labor legal or and illegal prostitution sectors. Police in V Protection T identified victimsof trafficking during the reporting period. T trafficking victims for care and collaborated with N observers reporta lack anti-trafficking of expertise among prosecutors and judges. A specialized anti-trafficking N improve their ability to spot indicators sex of trafficking, but referral was ad hoc and reliant certain on victim- sensitive officers. N partnered with them cases on to ensure trafficking victims adequate recovery time to become more effective witnesses. I shelter and assistance to female victims in V shelter was its at full capacity beds 18 of throughout 2009. T of forced labor; as a result, the international community (Tier 2 Watch List) allocated its own funding to provide emergency Azerbaijan is a source, transit, and destination country assistance, including food and potable water, to several for men, women, and children subjected to trafficking hundred victims. in persons, specifically conditions of forced labor and Recommendations for Azerbaijan: Improve efforts to women and children in forced prostitution. Men and boys identify victims of forced labor; ensure identified victims from Azerbaijan are subjected to conditions of forced of forced labor are provided access to government- AZERBAIJAN labor in Russia. Women and children from Azerbaijan funded victim assistance by vigorously implementing the are subjected to forced prostitution in the UAE, , national victim referral mechanism; demonstrate and Russia, and Iran. Men from Azerbaijan are trafficked report efforts to vigorously investigate, prosecute, convict, within Azerbaijan for the purpose of forced labor and and criminally punish government officials, including women and children are trafficked internally for forced regional police officers, complicit in both sex and labor prostitution and forced labor, including forced begging. trafficking; provide initial assistance to domestic victims Azerbaijan serves as a transit country for women from without requiring them to file a formal complaint with , , and subjected to forced police; provide more victim identification and victim and the UAE. The Azerbaijani sensitivity training to low-level law enforcement officials; exclave of Nakhchivan serves as a transit point for women continue efforts to raise public awareness about both sex trafficked to Turkey for forced prostitution. Azerbaijan is and labor trafficking; and demonstrate efforts to inspect a destination country for women from , Moldova, construction sites for potential victims of forced labor. Uzbekistan, Kazakhstan, and Russia subjected to forced prostitution. Azerbaijan is also a destination country for Prosecution men and women from Bosnia and Herzegovina, Serbia, The Government of Azerbaijan’s modest law enforcement Macedonia, and China subjected to conditions of forced improvements were overshadowed by its lack of political labor, primarily in the construction industry. will to prosecute high-level organized crime and address allegations of government complicity in trafficking, including a case that identified more than 700 victims of forced labor in the fall of 2009. Azerbaijan’s 2005 Law on the Fight Against Trafficking in Persons prohibits both forced prostitution and forced labor, and prescribes penalties of 5 to 15 years’ imprisonment, punishments which are sufficiently stringent and commensurate with those prescribed for other serious crimes, such as rape. In 2009, the government reported conducting 80 trafficking investigations – including 3 forced labor investigations, The Government of Azerbaijan does not fully comply compared with 66 investigations in 2008. Authorities with the minimum standards for the elimination of prosecuted 76 trafficking cases, up from 61 trafficking trafficking; however, it is making significant efforts to prosecutions in 2008. The government convicted 62 do so. Despite these overall efforts, the government trafficking offenders though February 2010, compared demonstrated exceptionally inadequate efforts to identify with 61 individuals convicted in 2008. Twenty-eight and assist a significant number of victims of forced labor convicted offenders were issued sentences ranging from and did not show evidence of progress in investigating, one to five years’ imprisonment, 15 offenders were issued prosecuting, convicting, and punishing complicit officials; sentences ranging from 5 to 10 years’ imprisonment, one therefore, Azerbaijan is placed on Tier 2 Watch List for the trafficker was sentenced to forced labor, and 18 persons third consecutive year. Although the government adopted were issued a suspended sentence and served no time in a national referral mechanism for victims of trafficking in prison. August 2009 and approved a list of trafficking indicators There were some reports that government officials were in September 2009 to aid in victim identification, the complicit in trafficking cases. The Ministry of Internal government did not use these tools to identify and assist Affairs stated that it investigated all allegations of the approximately 496 victims associated with a case complicity in human trafficking but was unable to provide discovered in October 2009 in which men from Eastern any data on these investigations. During the reporting Europe were held in forced labor in the construction period, the government did not prosecute, convict, or industry. The government failed to identify any victims criminally punish any government officials for complicity in this case, despite evidence that led others in the in human trafficking, including forced labor. In the case international community to determine this was a labor involving Bosnian and Serbian citizens subjected to trafficking case, warranting the allocation of emergency conditions of forced labor, investigators did not prevent funding for victim assistance. Although the government the traffickers from unilaterally sending approximately reported allocating $625,000 for victim assistance in 496 victim-witnesses home during the preliminary stages 2009, none of this money was used to assist these victims of the investigation, and to date no charges have been

70 THE BAHAMAS 71 s, his O G ducation he t continued raffickers s critical the of O he government G he government he government ier 2) he government did not, he Ministry E of T here were no reports that AS ( M A -operated traffickinghotline that O ome employersome coerce migrant workers H G A E B leuthera may be involved in a prostitution ring. T H he Bahamas is a destination country men for and some he government demonstrated some trafficking Bahamas voluntarily, but subsequently be subjected to forced labor in agriculture, domestic service, forced or prostitution. S – legal and illegal – to work longer hours, lower at andpay, in conditions not permitted under local labor law by changing the terms employment of contracts, withholding travel documents, refusing transportation back home,threatening to withdraw the employer-specific and employer-held permits, threatening or to have the employee deported through other means. T reportedly lure Jamaican and other foreign women to the Bahamas with offers employment of in the tourism and entertainment fields and subject womenthe to forced prostitution after their arrival. T is investigating allegations that some high school girls in E report is the only indication that Bahamian citizens may be victims human of trafficking. T T women from Haiti and other Caribbean countries who are subjected to trafficking in persons, specificallyforced labor, and, to a lesser extent, women from Jamaica and other countries who are in forced prostitution. Haitian trafficking victims aremost likely to migrate to T the government failed to ensure the traffickers in this case returned the passports to the victims and also failed to prevent the traffickers forcibly, from systematically removing the victim witnesses from the country, thereby hiding evidence the of crime. T victims were penalized unlawful for acts committed as a direct result being of trafficked;however, therewere some reported concerns that some the of women arrested during prostitution raids conducted by law enforcement may have not been screened as potential victims of trafficking and may have been punished for unlawful acts committed as a result being of trafficked, namely prostitution violations. Prevention T prevention efforts during the reporting period, largely through public awareness measures. T conducted anti-trafficking seminars 58 in cities and regions throughout the country, targeted primarily at students and government employees. T continued its general trafficking-awareness campaign, advertising television on and the on radio. I to fund an N served to provide information to the public and identify potential victims trafficking. of T however, conduct a public awarenesscampaign to reduce the demand commercial for sex acts. T formed partnerships with some anti-trafficking N however avoided it cooperation with N government’s efforts to combat human trafficking. n his ctober ctober 2009. here were continued s and law enforcement O G eptember 2009 to aid in law s and law enforcement in O G zerbaijan made limited progress to n 2009, N one of theone of victims provided with he government reported that it n March 2009, the government also he government demonstrated important ctober 2009 when dedicated it space in its zerbaijan until the completion their of court he law allows identified foreign victimsof he government funded one trafficking shelter ugust 2009, the government adopted a national referral he Government A of government-funded shelter assistance or were victims of forced labor. T progress in O opened an assistance center that provided vocational training and job placement services victims for of trafficking to helpbreak the cycleof exploitation. T encouraged victims to participate in investigations and prosecutions trafficking of offenders. Law enforcement reported that victims 91 identified by authorities assisted law enforcement during the reporting period. During the previous reporting period, victims claimed that some corrupt police officers discouraged them from filing criminal complaints through threatsphysicalof violence. T trafficking who cooperate with law enforcement to remain in A case; however, the none of victims 496 forced of labor identified by the international community in O trafficking shelter to assist child victimsof trafficking; four children were assisted the at facility during the reporting period. I identifiedleastat 920 victims – including 220 victims identified by law enforcement – compared with 121 victims identified by N that assisted 48 these of victims, down from victims 55 assisted in 2008. N Center provided assistance victims to 31 during the reporting period. Law enforcement referred 48 victims to the government- funded shelter in 2009, compared with victims 52 referred in 2008. T 2009 were encouraged to assist law enforcement or permitted to remain in the country pending a criminal investigation and prosecution the of case. Furthermore, 2008. T A mechanism victims for trafficking of and approved a list traffickingof indicators in S enforcement officials’identification of victims; however, the government did not use these tools to identify andassist approximately victims 496 associated with one labor trafficking case discovered in O Coordination among government agencies assigned to combat trafficking and assist victims reportedly improved andall agencies assigned a dedicated point contact of responsible coordinating for with other agencies to combat trafficking. I assist some victims during the reporting period; however, these efforts were overshadowed by the government’s lack assistanceof to hundreds victims of forced of labor. I Protection T filed by the government in this case. T reports that police officers controlled many saunas, motels, and massage parlors where forced prostitution occurred, however the government again failed to vigorously investigate, prosecute, convict, and criminally punish these officials. The Government of the Bahamas does not fully comply whether they may be trafficking victims. Although the with the minimum standards for the elimination of practice continued to some extent, automatic deportations trafficking; however, it is making significant efforts to have decreased as official awareness of trafficking as a do so. During the year, the government began some form of transnational crime has increased. Anecdotal investigations into suspected cases of trafficking but reports indicate that during 2009 some military personnel did not proactively identify victims among vulnerable may have been involved in assisting with the illegal populations, such as women and girls engaged in entry of trafficking victims into the country. There is no prostitution, and it continued to deport undocumented evidence of government involvement in or tolerance of

THE BAHAMAS migrants without first determining whether they may be trafficking. victims of trafficking. Protection Recommendations for The Bahamas: Develop and implement standard procedures for the identification of The Bahamian government showed minimal efforts to victims in The Bahamas; take steps to identify possible protect victims of trafficking over the last year. Although trafficking victims among migrants attempting to enter the Ministry of Labor and Social Development’s Bureau The Bahamas and foreigners in deportation proceedings; of Women’s Affairs became the lead agency for anti- trafficking training and assistance to victims, the ANTIGUA & BARBUDAinvestigate, TIER RANKING prosecute, BY YEAR and punish suspected human ICELAND TIER RANKING BY YEAR trafficking offenders; expand training for law enforcement government continued to rely on NGOs and international and the public on the difference between human organizations to identify and provide most services to trafficking and alien smuggling; create and implement victims. No specialized shelters for trafficking victims a national trafficking public awareness and prevention were available in The Bahamas. Shelter services, program; and allocate resources for the victim assistance counseling, and law enforcement referrals were accessible measures mandated by the new anti-trafficking law. to women and child trafficking victims through the Crisis Centre, which focuses on assisting victims of sexual and domestic abuse. The Red Cross, the Salvation Army, and THE BAHAMAS TIER RANKING BY YEAR local church groupsKOSOVO which TIER provide RANKING BY assistance YEAR to illegal migrants could assist foreign men who may be victims of labor trafficking. Assistance providers did not knowingly assist any trafficking victims during the reporting period. Officials followed no formal procedures for screening or referring victims to service providers. The government developed but has not yet implemented a plan to refer victims to the Bureau of Women’s Affairs, the Crisis Centre, and the Eugene Dupuch Law School. During the BARBADOS TIER RANKING BY YEAR MALDIVES TIER RANKING BY YEAR Prosecution year, the government arranged for IOM to conduct victim The Government of The Bahamas demonstrated minimal assistance training for immigration, labor, social services, anti-human trafficking law enforcement efforts during law enforcement and NGO participants. The ministers the reporting period. It continued to face relevant responsible for national security and social services, resource and capacity constraints, and confronted however, did not develop or implement a plan to provide multiple competing law enforcement priorities. All forms appropriate services to victims in cooperation with of trafficking are prohibited through the Trafficking NGOs, as required by the anti-trafficking law of 2008. in Persons Prevention and Suppression Act of 2008. Although the government ensured that victims brought BOTSWANA TIERPenalties RANKING BY prescribed YEAR by the Act for trafficking in persons to its attention wereNAMIBIA not TIERinappropriately RANKING BY YEAR penalized for offenses range from three years to life imprisonment, immigration violations and any unlawful acts committed and are sufficiently stringent and commensurate with as a direct result of being trafficked, some victims were penalties prescribed for other serious crimes, such as rape. not properly identified. No formal procedures exist that The government did not arrest or prosecute any trafficking allow law enforcement officers time to investigate whether offenders, despite reports of the presence of trafficking foreign women found engaging in prostitution may be victims in The Bahamas since at least 2005. During the victims of sex trafficking before the law requires that they reporting period, the government began investigating one be deported. As more immigration and police officers suspected trafficking case in cooperation with another BRUNEI TIER RANKING BY YEAR received training inPALAU trafficking TIER RANKING issues BY YEAR throughout the government. The Ministry of Education formed a task year, however, the number of officers who first attempted force to investigate allegations of a student prostitution to determine whether foreign women found engaging ring at a high school in Eleuthera. NGOs, in partnership in prostitution could be victims of trafficking before with the Bahamian government, provided immigration, considering them eligible for deportation increased. labor, social services, and law enforcement personnel The Bahamas’ law encourages victims to participate in with anti-trafficking training. Historically, government investigations and prosecutions of trafficking offenders, personnel have conflated human trafficking and human and includes provisions for victims’ immunity from smuggling, leading to the routine deportation of prosecution, the protection of victims and witnesses with foreigners in vulnerable populations without determining special considerations for the age and extent of trauma

72 BAHRAIN 73 O L he astern rafficking ietnam and E ndustry puts thefigure at 25 percent. ussia, China, V he 2008 Law to Combat T nterior training victim on identification hailand, the Philippines, Morocco, Jordan, tates are subjected to forced prostitution in uropean S he Government Bahrain of does not fully comply with he Government Bahrain of made some progress in yria, Lebanon, R of Commerceof and I fromWomen T S E Bahrain. T the minimum standards the for elimination trafficking; of however, is it making significant efforts to do T so. government reported its second and third prosecutions under its anti-trafficking statute, and continued to educate potential trafficking victimson their rights.However, the government did not show evidence progress of in providing protective services to victims prosecuting or offenses related to labor trafficking, themost prevalent form trafficking of in Bahrain. Recommendations for Bahrain: Continue to enforce the 2008 anti-trafficking law; significantly increase the investigation and prosecution trafficking of offenses – particularly those involving forced labor – and convictions and punishment trafficking of offenders; vigorously investigate all credible trafficking tips secured through the anti-traffickinghotline; consider utilizing the Ministry I of as a base which on to establish and apply formal procedures to identify victims trafficking of among vulnerable groups, such as domestic workers who have fled from abusive employers prostitutedand women; refer identified victims protectiveto services; expand the government-run shelter, ensure that does it not restrict victims’ movement and that shelter staff are qualified and speak the languages expatriate of workers; ensure that victims trafficking of are not punished for unlawful acts committed as a direct result being of trafficked, such as illegal migration prostitution; or include the Ministry of Labor in the inter-ministerial committee against human trafficking; consider the appointmentof an empowered national anti-trafficking rapporteuror coordinator; ensure that domestic workers are adequately offered the same protections under the law as other expatriate workers; and proactively support the promulgation a binding of I convention to protect domestic workers’ rights. Prosecution T conducting anti-trafficking law enforcement efforts during the year. T in Persons prohibits all forms trafficking of in persons and prescribes penalties ranging from three years’ to 15 imprisonment, which are sufficiently stringent and M. IO he uthority nder A ndonesia, ritrea migrate RA study found he government egulatory R he LM his group shifted its mmigration, the Ministry thiopia, and E ri Lanka, Bangladesh, I ier 2) RA estimates that approximately T o address the vulnerability some of ome Bahrainiome employers illegally epal, S he LM O representatives, met periodically to ocial Development’s Bureau Women’s of G ome, however, face conditions forced of labor ffairs, Department I of RAIN ( ) found that percent 65 migrant of workers had not H RA A ffairs, andN n ad hoc governmental working group the of Ministry of hailand, the Philippines, E he government demonstrated some efforts to prevent ndia, Pakistan, N seen their employment contract, and that percent 89 were unaware their of terms employment of upon arrival in Bahrain. Many labor recruitment agencies in Bahrain and source countries require workers to pay high recruitment fees – a practice that makes workers highly vulnerable to forced labor once in Bahrain. T (LM that percent 70 foreign of workers borrowed money or sold property in their countries home in order to secure a job in Bahrain. S charge workers exorbitant fees to remain in Bahrain working third-party for employers (under the “free visa” arrangement). T percent10 migrant of workers were in Bahrain under illegal “free visa” arrangements – a practice that can contribute to debt bondage – while the Bahrain Chamber voluntarily to Bahrain to work as domestic workers or as unskilled laborers in the construction and service industries. S after arriving in Bahrain, through use such of practices as unlawful withholding passports, of restrictions on movement, contract substitution, non-payment wages, of threats, and physical sexual or abuse. A study by the BahrainGovernment’s Labor Market T Bahrain is a destination country men for and women subjected to trafficking in persons, specificallyforced labor and forced prostitution. Men and women from I B this traffickers law, are required to financiallycompensate their victims. Prevention T trafficking over the reporting period. T participated in information and education campaigns conductedin partnership with organizations such as Laborof and S address and coordinate trafficking issues among the various government ministries. T focus from immigration enforcement to an emphasis victimon outreach and punishment perpetrators of over the last year. T migrant workers to labor exploitation, the government expedited the processing immigration of claims and granted citizenship to certain long-time residents. T government made no visible effort to reduce the demand commercialfor sex acts. A suffered by the victim,and relief from the removal of foreign victims to countries where they may face hardship retributionor regardlesstheir of participation in the investigation prosecution or their of traffickers. U A Foreign A commensurate with those prescribed for other serious many police officers were unfamiliar with procedures for crimes, such as rape. The Bahrain government reported referring victims of labor abuse and human trafficking. two new prosecutions and one new investigation under An international NGO reported that the shelter restricted the anti-trafficking law in the reporting period; all residents’ freedom of movement, was not staffed with three of these cases involved sex trafficking. One of qualified personnel, and did not provide long-term BAHRAIN the prosecutions involved a Bahraini employee of the shelter or housing benefits to victims. There is a restrictive Ministry of Interior and a Thai national accused of intake process for non-Bahraini victims; however, in trafficking Asian women into prostitution. The other January 2010, the government’s inter-ministerial anti- involved a Bahraini and a Russian national accused of trafficking committee indicated that it instructed police trafficking Russian women. Furthermore, two Bahraini and prosecutors to refer any abused female worker nationals were sentenced to life imprisonment in April to the shelter, regardless of signs of abuse. There are and October 2009 for murdering their Indonesian and no shelters for male trafficking victims or abused or Ethiopian housemaids, respectively; the government runaway workers. The three trafficking victims who the reported that these cases contained elements of human government identified during the reporting period were trafficking. The government did not criminally prosecute referred to the Dar Al Aman shelter and received legal, any employers or labor agents for forced labor of migrant medical, and psychological services. The government laborers, including domestic workers. of Bahrain encouraged victims to participate in the investigation and prosecution of traffickers. However, There is some indication that government officials may discouraged workers typically did not file court cases be involved in human trafficking. NGOs and laborers against employers due to fear or ignorance of the law, assert that Bahraini officials provide Bahrainis with distrust of the legal system, inability to afford legal authorization to sponsor more expatriate workers than representation, lack of interpretation/translation, fear they could reasonably employ, and that in their private of losing residency permits during legal proceedings, capacities, some officials illegally engage in “free visa” and to avoid additional maltreatment at the hands of arrangements and withhold employees’ passports the employer. The government does not provide legal and salaries. The Royal Police Academy provided new alternatives for the removal of foreign victims to countries police recruits with specific instruction on identifying where they face retribution or hardship. The Ministry of trafficking victims during the reporting period. In Interior established a toll-free hotline in January 2010 for addition, 29 law enforcement officers participated in a trafficking victims, although NGOs report that news of three-day trafficking-related investigations course run the hotline has not been widely disseminated. by IOM, one of several anti-trafficking programs run by IOM in partnership with the Government of Bahrain. In Prevention early 2010, the Government of Bahrain centralized all trafficking-related prosecutions within the office of the The government made limited progress in preventing Chief Prosecutor for the Manama district. human trafficking over the reporting period. While Bahrain’s Ministry of Labor has pledged to end the Protection sponsorship (kafala) system, foreign workers remain tied to a Bahraini sponsor. The government implemented The Government of Bahrain made no discernible progress reforms in August 2009 which designated the LMRA in improving protective services available to trafficking as the lead agency for granting work permits to foreign victims over the last year. The government continued workers, and expanding labor mobility for expatriate to lack a formal procedure to identify victims among workers, under certain conditions. These reforms do not vulnerable groups, such as migrant domestic workers cover Bahrain’s approximately 70,000 domestic workers – who have left their employers or women arrested for the group that is most vulnerable to trafficking. Another prostitution. As a result, potential trafficking victims may labor market reform limited the number of foreign have been charged with employment or immigration workers small businesses many sponsor, which the LMRA violations, detained, and deported without adequate states will cut back on illegal “free visa” arrangements protection. Most migrant workers who were able to and other labor abuses. The parliament’s upper house flee their abusive employers were frequently charged recently approved a new labor law; however, it does not as “runaways,” sentenced to two weeks’ detention, and afford basic protections to domestic workers – the group deported. The government does not ensure that victims most vulnerable to human trafficking. Moreover, the receive access to essential protective services, except law against withholding workers’ passports – a common for the very small number referred to the government’s practice that restricts the mobility of migrant workers primary shelter. and contributes to forced labor – was not enforced The 120-bed government-funded, NGO-run Dar Al effectively, and the practice remained widespread. The Aman shelter provided shelter to a small number of LMRA continued to distribute pamphlets – prepared trafficking victims. The majority of victims continued to in coordination with the IOM – that explained how seek shelter at their embassies or at the Migrant Workers to legally obtain, maintain and switch a work visa, Protection Society’s shelter. The Dar Al Aman shelter and provided contact details to report suspected labor does not advertise that it accepts trafficking victims, and violations. The LMRA also sponsored a Hindi radio

74 BANGLADESH 75 ct of ome Bangladeshiome he government imilarly did it not epression and Women of Children A ier 2 Watch List the for second consecutive year. rticles and its of 372 373 penal code. Prescribed ecent reports indicate many brothel owners and pimps he Government Bangladesh of did not provide evidence ome governmentome officials and membersof civil society restrictions their on movements,non-payment wages, of threats, and physical sexual or abuse. S women working abroad are subsequently trafficked into commercial sexual exploitation. Bangladeshi children and adults are also trafficked internally for commercial sexual exploitation, domestic servitude, and bonded labor. R addict Bangladeshi girls to steroids, with devastating side effects, to make them more attractive to clients; the drug is reported to be used by 90percent females of between and in15 Bangladeshi 35 brothels. Bangladesh does not fully comply with the minimum standards the for elimination trafficking; of however, it is making significant efforts to do T so. has continued to address the sex traffickingwomenof and children. Despite these significant efforts, the government did not demonstrate evidence increased of efforts to prosecute and convict labor trafficking offenders, particularly those responsible the for fraudulent recruitment Bangladeshi of workers the for purpose forced of labor overseas. S demonstrate increased efforts to prevent the forced labor Bangladeshi of workers overseas through effective controls high on recruitment fees and other forms of fraudulent recruitment; therefore, Bangladesh is placed T on S continue to believe the forced labor and debt bondage Bangladeshiof workers abroad was not considered labor trafficking, but rather employment fraud perpetratedon irregular migrants Recommendations for Bangladesh: Draft and enact legislation criminalizing the forced labor men; of integrate anti-labor trafficking objectives into national anti-trafficking policies programs;and significantly increase criminal prosecutions and punishments for all forms labor of trafficking, including those involving fraudulent labor recruitment and forced child labor; consider establishing special courts to prosecute labor traffickingoffenses; greatly improve oversightof Bangladesh’s international recruiting agencies to ensure they are not promoting practices that contribute to labor trafficking;provide protection services for adult male trafficking victims and victimsforcedof labor, including improving consular assistance in embassies abroad; and increase awareness campaigns targeted potential at domestic and international migrants. Prosecution T increasingof efforts to combat sex traffickingor forced labor during the reporting period. Bangladeshprohibits the traffickingwomenof and children for the purposeof commercial sexual exploitation involuntary or servitude under the R 2000 (amended and in 2003), prohibits the selling and buying a child of under the prostitution for age 18 of in A s, he s O audi O G G he ction to s, however, nternational O mirates G he government rab E he Ministry Labor, of he Ministry Foreign of O has concluded high hese agencies are legally nited A ssociation I of ational Plan A of L ccording to N nion. T ). T ). nternational report on he I H AIRA ndia commercial for sexual ES mnesty I D raq, Lebanon, Malaysia, Liberia, and other ome childrenome are sold into bondage by A his committee convenes every other month gencies (B ndersecretary chaired an inter-ministerial GL ), Qatar, I ier 2 Watch List) ier 2 Watch M anti-trafficking capacity buildingprogram. T AN T rabia, Bahrain, Kuwait, the U ffairs’ U ecruiting A UAE countries work, for often under legal and contractual terms. Most Bangladeshis who seek overseas employment through legal channels rely the on recruiting 724 agencies belonging to the Bangladesh A ( permitted to charge workers and place up to $1,235 workers in low-skilled jobs typically paying between per and month. $150 $100 A A Bangladesh is a source and transit country men, for women, and children subjected to trafficking in persons, specifically forced labor and forcedprostitution. A significant shareof Bangladesh’s trafficking victims are men recruited work for overseas with fraudulent employment offers who are subsequently exploited under conditions forced of labor debt or bondage. Children – both boys and girls – are trafficked within Bangladesh commercialfor sexual exploitation, bonded labor, and forced labor. S their parents, while others are induced into labor or commercial sexual exploitation through fraud and physical coercion. and Women children from Bangladesh are also trafficked to I B exploitation. Bangladeshi men and women migrate willingly to S Malaysia indicated Bangladeshis spend more than three times the amount recruitment of fees paid by other migrant workers recruited work for in Malaysia. N government does not have a N address trafficking in persons. T showdesigned toraise awareness workers’ of rights. T A government closed downa number low-end of hotels associated with organized prostitution. T continued to provide financial support towards an IO recruitment fees increase vulnerability to forced labor among transnational migrant workers. typically Women work as domestic servants; some find themselves in situations forced of labor debt or bondage where they face report many Bangladeshi migrant laborers are victims recruitmentof fraud, including exorbitant recruitment fees often accompanied by fraudulent representation termsof employment. of T R many workers are charged upwards $6,000 of these for services. A recent A committee that coordinates policies designed to combat trafficking. T average,on and includes government ministries, N and the Bahrain U Women’s which deals with most workers’ complaints, is currently not represented this on committee. ( penalties under these sex trafficking statutes range from Low-level government employees were also complicit in 10 years’ imprisonment to the death sentence. The most trafficking. According to the Ministry of Home Affairs, common sentence imposed on convicted sex traffickers is the government prosecuted a civil servant who was life imprisonment. These penalties are very stringent and complicit in trafficking; the trial remained ongoing at the commensurate with those prescribed for other serious end of the reporting period. The government confirmed crimes, such as rape. Article 374 of Bangladesh’s penal the existence of allegations against some Bangladeshi code prohibits forced labor, but the prescribed penalties soldiers in Sierra Leone who may have engaged in or of imprisonment for up to one year or a fine are not facilitated trafficking, but the government did not provide BANGLADESH sufficiently stringent. any information on investigations or prosecutions of these cases. The country’s National Police Academy During the reporting period, the government obtained provided anti-trafficking training to 2,876 police officers the convictions of 32 sex trafficking offenders and in 2009. The 12 police officers of the Ministry of Home sentenced 24 of them to life imprisonment; eight Affairs’ “Trafficking in Human Beings Investigation Unit” were sentenced to lesser prison terms. This is a slight continued to receive training on investigation techniques. decrease from the 37 convictions obtained in 2008. Other government officials received training from NGOs, The government did not report the conviction of any international organizations, and foreign governments. A labor trafficking offenders. The government prosecuted 2009 report from a prominent NGO suggested that law 68 cases involving suspected sex trafficking offenders enforcement trainings have not translated into increased and conducted 26 investigations, compared with 90 prosecutions or a change in outlook. prosecutions and 134 investigations during the previous year. Forty-nine prosecutions resulted in acquittals; Protection however, under Bangladeshi law the term “acquittal” can also refer to cases in which the parties settled out The Government of Bangladesh made limited efforts of court or witnesses did not appear in court. Despite to protect victims of trafficking over the last year. The administrative actions taken against labor recruitment government’s lack of efforts to protect victims of forced agencies involved in fraudulent recruitment and possible labor – who constitute a large share of victims in the human trafficking, the government did not report any country – and adult male victims of trafficking is a criminal prosecutions or convictions for labor trafficking continuing concern. While the government did not have offenses. The Bangladeshi judicial system’s handling of a systematic procedure to identify and refer female and sex trafficking cases continued to be plagued by a large child victims of trafficking, the courts, police, or Home backlog and delays caused by procedural loopholes. Ministry officials referred victims of internal trafficking to Most sex trafficking cases are prosecuted by 42 special shelters. Law enforcement officials identified and rescued courts for the prosecution of crimes of violence against 68 victims (38 females and 30 children) in the reporting women and children spread throughout 32 districts of the period, but it is uncertain whether they were referred to country; those courts are generally more efficient than shelters. In the previous year, law enforcement officials regular trial courts. identified and rescued 251 victims. While the government did not provide shelter or other services dedicated to trafficking victims, it continued to run nine homes for women and children victims of violence, including trafficking, as well as a “one-stop crisis center” for women and children in the Dhaka general hospital. These centers, in cooperation with NGOs, provided legal, medical, and psychiatric services. During the last year, 384 victims were served by government and NGO care facilities in Bangladesh; some of these may have been victims of trafficking. The Ministry of Expatriate Welfare and Overseas Employment continued to operate shelters for The Ministry of Home Affairs’ Anti-Trafficking Monitoring female Bangladeshi victims of trafficking and exploitation Cell reportedly collected data on trafficking arrests, in Riyadh and Jeddah. Law enforcement personnel prosecutions, and rescues, and coordinated and analyzed encouraged victims of trafficking, when identified, to local-level information from regional anti-trafficking participate in investigations and prosecutions of their units. During the year, there was some evidence of traffickers, but there was no evidence of the number of official complicity in human trafficking. Several NGOs victims who assisted in investigations and prosecutions reported a nexus among members of parliament and of traffickers in the reporting period. Authorities did corrupt recruiting agencies and village level brokers not penalize victims for unlawful acts committed as a and indicated that politicians and regional gangs were direct result of their being trafficked. When no space was involved in human trafficking. Some NGOs also report available in shelter homes, however, female victims of that official recruitment agencies in Dhaka have linkages trafficking – as wards of the police or court – stayed in with employers in destination countries who sometimes jails. From February to October 2009, local police in India put their migrant workers in situations of servitude.

76 BARBADOS 77 ome ome nti- ecretary ational A ome of these of ome ffairs published ecretary continued he Home S he Home s note that the meetings arious ministries esearchers identified O G obago and Barbados, and ier 2 Watch List) ier 2 Watch he Home S he Home T epublic, Guyana, and Jamaica . While the government made the P Protocol. ome otherome foreign women who entered he Ministry A Home of OS ( rinidad and T D s, although some N A he Monitoring Cell reported anti-sex trafficking O B G AR ex traffickers,primarily organized criminals from rafficking Committee Meetings, which oversees district- rafficking victims tend to enter the country through to chair the monthly inter-ministerial N T level committees in 64 districts. T also regularly holds coordination committee meetings with N the Bangladesh Country Report on in Combating Trafficking andWomen Children registration compulsory in 2006, the national rate birth of registration is only between seven percent, and10 and most children born in the rural areas are still not properly documented. During the year, the government did not demonstrate measures to reduce the demand forced for labor commercial for or sex acts. Bangladesh isparty not a to the 2000 UN TI B Barbados is a source and destination country men, for women, and children subjected to trafficking in persons, specifically forcedprostitution andforced labor. S children in Barbados are subjected to commercial sexual exploitation in “transactional sex” wherein a third party such as a parent receives a benefit from the child’s participation in sexual activity. R patterns transactional of sex within families, most often by adult male caretakers such as step-fathers, as well as child prostitution outside the home. Women from the Dominican R lure women to Barbados with offers legitimate of work. T legal means, usually by air; traffickers later use force and coercion to obtain and maintain the victims’ work in strip clubs, massage parlors, some private residences, and “entertainment clubs” which operate as brothels. of expatriateof laborers, while not exercising adequate oversight over this consortium labor of recruiters to ensure their practices do not facilitate debt bondage Bangladeshiof workers abroad. V disseminated numerous anti-sex trafficking messages in a number different of forums, including public service announcements, discussions, songs, rallies, and posters. T messaging was included in monthly public outreach sessions conducted by government heads in each of Bangladesh’s units. 65 T often have broad agendas and do not focus adequately trafficking.on T voluntarily enter Barbados as illegal migrants, and some expect to engage in prostitution.S women are exploited in forced prostitution subsequent to their arrival. S the country illegally are exploited in involuntary domestic servitude in private homes. Foreign men have been transported to Barbados the for purpose of labor exploitation in construction and other sectors. S Guyana, form partnerships with pimps and brothel owners from T s O verseas G AIRA s report O ecruiting G ndia – the mployment and ecruitment agencies his is a decrease from nternational R xpatriate Welfare and O s allege officialsworking at O he government continued to allow ), the government disposed 893 G M project which established a coffee AIRA resolution. for Workers are OE W ) – did provide not sufficient financial ssociation I of E ), which is charged with overseeing ET reportedly shut down one recruiting AIRA complaint mechanism because it ET he Bureau Manpower of E AIRA he Government Bangladesh of continued to f there are disputes, “major” recruitment n March – after 2010 some the of women ndian government to repatriate these women. ET collected approximately $830,000 in fines from s of thes of writing this of report, the process has not been gencies (B ccording to Ministry E of AIRA to set fees, license individual agencies, certify mployment (M he Bangladeshi government failed to take adequate raining (BM B workers overseas for labor, and handle most complaints T efforts to prevent the forced labor Bangladeshis of abroad and home, at and made modest efforts to prevent sex trafficking over the reporting period. During the reporting period, the BM agency, cancelled the licenses and confiscated the security deposit money six of agencies their for involvement in fraudulent recruitment practices that potentially facilitated human trafficking. T the nine agencies shut down and 25 agencies whose licenses were cancelled in the previous reporting period. BM recruitment agencies fraudulent for recruitment practices and other infractions. T Prevention rescued seven adult female Bangladeshi sex trafficking victims. I had remained in shelters over for a year in I Government Bangladesh of began working with N A compensation and rarelyaddressed the illegal activities someof recruitment agencies, all which of are B members. T finalized. While workers ostensibly had severaloptions to address complaints labor of and recruitment violations and to get compensation, the process most often used – arbitration by Bangladesh A recruitment agencies and monitoring the condition of Bangladeshi workers overseas, regularly steers workers with complaints to B and the I A T drawn to the B offers quick cash payouts (though usually much less than the wages they weredenied and the recruitment fees paid) andrequires significantlyless proof of paid feesmost – fees charged were illegal and thus had no corresponding receipts. I agencies may lose their licenses; however, N that friends and family members agency of heads successfully file newfor licenses. R may also incur criminal charges. A E of 1,030 labor 1,030 of complaints in the reporting period (as opposed to disposing the complaints year 745 1,010 of some these of before); complaints were likely due to traffickingoffenses. N Bangladeshi embassies abroad were mostly unresponsive to complaints and attempts to seek restitution abroad were rare. T donate land an for IO stand run by rehabilitated trafficking victims. Traffickers use methods such as threats of physical from five to 15 years’ imprisonment and are sufficiently harm or deportation, debt bondage, false contracts, stringent. There were no reports of government officials’ psychological abuse, and confinement to force victims to complicity in human trafficking. work in construction, the garment industry, agriculture, or private households. Protection ANTIGUA & BARBUDAThe TIERGovernment RANKING BY YEARof Barbados does not fully comply The Government ofICELAND Barbados TIER RANKING maintained BY YEAR its moderate BARBADOS with the minimum standards for the elimination of efforts to ensure victims’ access to necessary protective trafficking; however, it is making significant efforts to services over the last year. As the crime of trafficking do so. Despite these efforts, particularly an aggressive does not officially exist in Barbadian law, there are public campaign begun by government ministries no legal protections provided for trafficking victims. and the continued drafting of a comprehensive anti- Existing facilities which provide assistance to victims trafficking law, the government’s overall efforts did not of other crimes, such as rape and child abuse, that are improve over the reporting period. Law enforcement and partially funded by the government and run by NGOs, may have provided services to child victims of sex THE BAHAMAS TIERimmigration RANKING BY YEAR officials continued to summarily deport KOSOVO TIER RANKING BY YEAR undocumented foreigners without determining whether trafficking without having identified them as human they are trafficking victims, the government opened trafficking victims. Neither government nor NGO no investigations into possible cases of sex or labor personnel could provide information about whether trafficking, and it did not prosecute any trafficking cases any trafficking victims were identified at these facilities. during the year. Therefore, Barbados is placed on Tier 2 The Gender Affairs Bureau arranged for assistance to be Watch List. provided to victims of any crime regardless of whether they participated in investigations or prosecutions. Officials from this Bureau collaborated with a local

BARBADOS TIER RANKING BY YEAR NGO to sensitize governmentMALDIVES TIER RANKINGagencies BY YEARon the difference between smuggling and trafficking, the importance of referring victims to services provided in collaboration with NGOs, and the importance of implementing a trafficking-specific protocol and legislation to better target their efforts. Victims of trafficking (like victims of other crimes) were not usually encouraged to participate in investigations or prosecutions of trafficking offenders. Trafficking victims could be prosecuted for unlawful acts BOTSWANA TIERRecommendations RANKING BY YEAR for Barbados: Finish drafting, then committed as a directNAMIBIA result TIER ofRANKING their BYbeing YEAR trafficked. pass and enact a comprehensive anti-trafficking law; Most law enforcement and immigration officials still do proactively investigate suspected human trafficking not have the appropriate training, funding, and other cases; prosecute and punish trafficking offenders, necessary mechanisms to identify victims or suspected especially those who subject workers to forced labor; cases of trafficking. The government provided no legal implement procedures for law enforcement officers to alternatives for the removal of foreign trafficking victims proactively identify trafficking victims among vulnerable to countries where they may face hardship or retribution. populations; develop a national plan to identify, combat, Police claimed to have no option under current laws and prevent trafficking; and create and implement a BRUNEI TIER RANKING BY YEAR but to treat foreignP traffickingALAU TIER RANKING victims BY YEAR without valid national trafficking awareness and prevention program. immigration documents as violators of the law subject to summary deportation. There have been no reported cases Prosecution of Barbadians trafficked to foreign countries, although the The Barbados government made no discernible progress Bureau of Gender Affairs has specialized services in place in its anti-human trafficking law enforcement efforts should such a case arise. during the year. Law enforcement agencies faced resource constraints and competing priorities. No trafficking Prevention offenders were prosecuted during the year. No cases were The government made weak efforts to prevent human brought against employers for confiscating passports trafficking and raise the public’s awareness of the risks or travel documents. Barbados has no specific law and dangers of human trafficking in Barbados. In 2004, prohibiting human trafficking, but slavery and forced the government began work on a protocol for anti- labor are constitutionally prohibited. Existing statutes trafficking action, which the GenderA ffairs Bureau passed such as the of 1992, Cap. 154 and to other government agencies for comment in early 2009. the Offences Against the Person Act of 1994, Cap. 141 The protocol was expected to be introduced in parliament prohibit some trafficking offenses, as well as trafficking- in April 2010. The Minister of Youth, Family, and Sports related offenses, though these were not used to prosecute spoke openly against child prostitution on several and convict trafficking offenders during the year. Sections occasions, a subject which had not often been raised in 33 and 34 of the Offences Against the Person Act prohibit public before. During the year, the government continued the crime of slavery; penalties for this offense range to host educational workshops for an unspecified number

78 79 epublic, n general, the nterior continued he government did fficials reported that M, other internationals uthorities reportedly rticle its of criminal 181 rticle and convicted 181 15 he government reported s. T O he Ministry I of G he government reported human 219 urkey. he government demonstrated minimal progress in he government sustained law enforcement efforts hese penalties are sufficiently stringent and are srael, and T crimes within law enforcement statistics; and distinguish prevention activities focused curbing on forced labor and forced prostitution from those focused illegal on migration, and increase the former. Protection T protecting victims trafficking of during the reporting Prosecution T during the reporting period. Belarusian law prohibits trafficking in persons for both sexual exploitation and labor exploitation through A code whichprescribes penalties ranging from two to years’15 imprisonment in addition to asset forfeiture. T commensurate with penalties prescribed other for serious crimes. T trafficking investigations 2009,in includingleastat 10 labor trafficking investigations. A prosecuted cases 61 under A traffickingoffenders under the same statute 2009,in down convictions from 17 in 2008. T not report many how the of convictionswere forcedfor labor versus forced prostitution. O the majority convicted of traffickingoffenders were given imposed sentences over of eight years’ imprisonment, in addition to the forfeiture assets. of While reports indicated that officials engaged in corruptpractices, there were no reports government of complicity in human trafficking during the reporting period – such information may have been limited because lack of pressof freedomand imprisonment citizens of for criticizing government officials in Belarus. I judiciary lacked independence, trial outcomes usually were predetermined, and many trials were conducted behind closed doors. T to provide least at partialfunding its for anti-trafficking training center, which has trained Belarusian 47 law enforcement officers officialsand from other governments to be trafficking specialists sinceCourses2007. at the center reportedly focused anti-trafficking on law enforcement techniques and victim assistance and were developed in partnership with IO organizations, and N partnerships with the following governments on trafficking cases:Poland, Germany, the Czech R I s, O G ussia, urkey, here was no ccording to the O partners providing here were reports that G : Continue to take ussia. A . T uropean countries, T O community, the overall P Protocol. G ier 2) raffickersoften used informal social T nterior, Belarusian single, unemployed he government’s response to trafficking ffairs worked with regional and local N ARUS ( L O action trafficking on issues, but the Bureauof E G lthough public commentary the on problem sex of he Government Belarus of does not fully comply he majority identified of Belarusian victimswere females srael, Lebanon, and the UAE political climate intimidation of was a natural obstacle to authentic government partnerships with victims and anti- traffickingorganizations. Funding for victim assistance programs codified into law 2005in remained unrealized. Recommendations for Belarus concrete steps to improve relations with and cultivate a climate encouragement of N for critical victim protection services; continue to promote a victim-centered approach to prosecuting trafficking cases and increase resources devoted to victim assistance and protection within Belarus; ensure all victims, including children, are provided with access to appropriate assistance and protection; examine why many identified trafficking victims are not referred to serviceproviders assistance;for disaggregate sex and labor trafficking Ministry I of females between the and ages 30 were 16 of most risk at beingof trafficked. T networks to approach potential victims. T with the minimum standards the for elimination of trafficking;however, it is making significant efforts to do so. T is difficult to gauge due to the closed natureof the government, sparse independent reporting, and general fear government of retaliation criticism for the of ruling regime. However, based available on information, the government appeared to have sustained its efforts to prosecute and punish traffickingoffenders 2009.in While the government appeared to continue positive steps toward improved treatment victims of and support theof anti-trafficking N women from low-income families in Belarus’ regions were subjected to forced prostitution in Minsk. Belarusian men, women, and children continued to be subjected to forced begging, as well as forced labor in the construction industry and other sectors in R I Germany, Poland, other E Belarus is source, a destination, and transit country for women, men, and children subjected to trafficking in persons, specifically forced prostitution and forced labor. T forced into prostitution abroad, including in: R B formal mechanism coordinating for government and N Gender A religious organizations, and community advocates to better organize their anti-trafficking efforts and outreach. A tourism, including child sex tourism, has been increasing, the government has made no noticeable efforts to reduce the demand commercial for sex acts. Barbados is not a party to the 2000 UN TI of officialsof and social serviceproviders. T period, including a significant decrease in the number as well as partnerships with authorities in distributing of victims identified. In 2009, authorities identified 369 NGO-funded public awareness materials. There were victims of sex trafficking, including 35 children, and 29 reports that some policies described by the Belarusian labor trafficking victims in 2009, a significant decrease government as anti-trafficking measures were responsible from a total of 591 victims identified in 2008. The for restricting Belarusian citizens’ ability to travel abroad

BELGIUM government reported referring only 131 victims to service for legitimate purposes. The government’s national action providers for assistance, raising concerns that the formal, plan on trafficking, which expires in 2010, focused on national trafficking victim referral mechanism was not illegal migration which may lead to confusion between successfully implemented. Law enforcement officials trafficking and smuggling. generally referred trafficking victims to IOM or NGO shelters – which relied on donor funding – to provide short and longer term protection and rehabilitation; the BELGIUM (Tier 1) government referred child trafficking victims to NGOs Belgium is a source, destination, and transit country for for assistance. The government again failed to provide men, women, and children subjected to trafficking in funding for specialized victim assistance programs persons, specifically forced labor and forced prostitution. pledged in a 2005 presidential decree but provided Victims originate in Eastern Europe, Africa, East Asia, some in kind donations to NGOs. Victims could seek as well as Brazil and India. Some victims are smuggled state medical assistance and some other services, through Belgium to other European countries, where they such as vocational training, free of charge, but most are subjected to forced labor and forced prostitution. Male victims declined assistance from government facilities. victims are subjected to forced labor and exploitation Government sources acknowledged that victims were in restaurants, bars, sweatshops, horticulture sites, fruit more likely to trust NGOs than government sources farms, construction sites, and retail shops. There were of assistance. Anti-trafficking NGOs reported little reportedly seven Belgian women subjected to forced government interference in their operations; they also prostitution in Luxembourg in 2009. According to a reported improved communication with government 2009 ECPAT Report, the majority of girls and children officials during past year. In some instances during subjected to forced prostitution in Belgium originate from the reporting period, the government permitted NGO Eastern Europe and Nigeria; some young foreign boys are specialists to attend police interviews and closed court exploited in prostitution in major cities in the country. hearings upon victims’ requests. The government Local observers also report that a large portion of children claimed to have encouraged victims to participate in the trafficked in Belgium are unaccompanied, vulnerable investigation and prosecution of traffickers. The anti- asylum seekers and refugees. According to the Belgian trafficking training center reportedly emphasized the need immigration office, the government identified eight to avoid coercing victims, which had been reported as a children between January and June 2009 as trafficked. problem in the past. There were no reports of identified Foreign workers continued to be subjected to involuntary victims being penalized for unlawful acts committed as a domestic servitude in Belgium, some involving members direct result of being trafficked. Belarusian law allows for of the international diplomatic community posted in authorities to grant temporary residency status to foreign Belgium. victims, though no victims chose this immigration relief during the reporting period. The Government of Belgium fully complies with the minimum standards for the elimination of trafficking. Prevention The government demonstrated it vigorously investigated, The government demonstrated modest progress in prosecuted, and convicted trafficking offenders. It trafficking prevention activities during the reporting continued to fund NGOs to provide comprehensive period. Citizens, the media, and NGOs in Belarus protection and assistance to victims subjected to forced are often subjected to government intimidation and prostitution and forced labor in 2009. strict control, which limited open discussion about the Recommendations for Belgium: Improve the collection trafficking situation in the country. Officials continued and reporting of comprehensive anti-trafficking law to conduct press conferences and briefings on the anti- enforcement data, including the disaggregating of data trafficking situation in Belarus, focusing primarily relating to smuggling, economic and sexual exploitation on forced prostitution, during the reporting period. from human trafficking crimes to demonstrate vigorous The government aired IOM-sponsored anti-trafficking prosecution and punishment of forced labor and public service announcements on state television and forced prostitution offenders; and improve collection on television screens in subway stops which resulted of victim assistance statistics to demonstrate proactive in an increased number of calls to IOM’s hotline. The identification of victims and that victims are provided Ministry of Interior continued to run a hotline to offer access to services; information regarding the licensing status and legitimacy of marriage and modeling agencies and agencies involved Prosecution in work and study abroad. NGOs reported cooperation Belgium prohibits all forms of trafficking through a between the government hotline and their own hotlines, 2005 amendment to its 1995 Act Containing Measures

80 BELGIUM 81 ) AT he CP ictims E chengen ccording to ccording to the ourism ( he report also esidence can be granted sian T dentified victimswere not M reported repatriated it five victimsof nd Child Prositution in A he government reported victims 103 sexual of and he government reportedly used proactive procedures potential trafficking victims during the reporting period; these of 158 were new referrals, a significant decline from the total 495 identified and referred 2008.in T economic exploitation filed applications for temporary residency in Belgium in 2009, but did not provide the number residency of permits that were officially granted. T to identify victims trafficking of based 2008on a interagency directive coordination on and assistance to trafficking victims; a December2009 EU S evaluation cited the guidelines victim for identification as a best practice. Belgian law allows the provision of extendable temporary residence status and permanent residence status to victims who participated in trafficking investigations and prosecutions. R before an investigation is completed judicial at discretion; residency can also be granted even without a successful prosecution. Children who were victims trafficking of reportedly were granted three months in which to decide whetherto testify against their traffickers. A a 2009 E report, Belgian officials willonly officially recognize a person as a victim trafficking of if that person has broken off all contact with their traffickers, agrees to counseling a specialized at reception center, and officially files acomplaint against the traffickers. T report noted that these conditions victim for assistance are too high child for victims to meet. A government, if a child did not qualify victim for status, they may still have qualifiedprotection for under the government’s rules unaccompanied for minors. V who served as prosecutors’ witnesses in court were entitled to seek legal employment during the relevant legal proceedings. A report released by the government in December 2009 noted that undocumented victims of economic exploitation often hesitate to collaborate with law enforcement, fearing deportation. T notedthat victims economic of exploitation occasionally end up in centers rejected for asylum seekers before being directed to shelters. I inappropriately incarcerated, fined,or penalized for unlawful acts committed as a direct result being of trafficked. IO trafficking, three adults and two unaccompanied minors, in 2009. he eport, bu Dhabi chengen DC R s assisted 465 he government n EU S O he report, however, G s amended, the he government incarcerated a he implicated sheikha and seven hese three N ccording to a 2009 UNO hai women to forced prostitution in rafficking Persons.in A he government continued to fund three he government reportedly has not yet scheduled ) with human trafficking 2008in for subjecting s to shelter and provide comprehensive assistance epress T O G urope. he government continued its efforts to protect victims of he government reported its prosecution in 2009 two of he government previously reported that charged it UAE N Protection T trafficking;however it reported a decrease in numberthe traffickingof victimsidentified and referred for protection in 2009. T law’s maximum prescribed penalties all for forms of trafficking – 30 years’ imprisonment – is sufficiently stringent and commensurate with penalties prescribed otherfor serious crimes, such as rape. T reported prosecuting trafficking 387 suspects 2009in and convicting trafficking 151 offenders 2008;in sentences for convicted 146 traffickers ranged less from than one year to years10 in prison. A to R the Belgian government aggregated law enforcement data trafficking on into a single data base which conflates smuggling with traffickingoffenses; the government, however, reported that convicted all 151 persons in 2008 were convicted trafficking-specific for offenses. T government did not disaggregate this data to demonstrate manyhow persons were convicted sex for trafficking versus forced labor. Furthermore, the failure an of employer to meet wage, hours, and working conditions in accordance with prevailing labor legislation and collective bargaining agreements constitutes “exploitation” under Belgium’s anti-trafficking A law. to trafficking victims. T Ministry Justice of and a state security official arrested in January 2009 being for suspected assisting of a ring subjecting T 17 massage parlors. 17 girls17 to forced servitude while staying a Brussels at hotel. T trial proceedings this for case, though they were to have occurred in early T 2010. other family members have not returned to Belgium. T Belgian consular officers posted in 1990 in for issuing fraudulent visas to traffickers operating under the cover travel of agencies. T evaluation report issued in December 2009, stated that anti-traffickingprosecutors in Belgium report difficultly distinguishing between sexual exploitation as such, and sexual exploitation related to trafficking; this report also notedprosecutor’s difficulty in separating a victimof trafficking from economic exploitation oneof from illegal employment. Furthermore, this evaluation reported that despite adequate legislation, the government convicted a relatively number low offenders of nonconsensual for sexual and economic exploitation. T praised the government its for multidisciplinary approach traffickingon cases and highlightedit as a bestpractice in E T eight family members theof royal family A of ( Prevention The Government of Belize does not fully comply with the The Government of Belgium sustained its progress to minimum standards for the elimination of trafficking; prevent trafficking in 2009. The government continued however, it is making significant efforts to do so. to fund its ongoing “Stop Child Prostitution” prevention Despite these efforts, notably the continued provision of BELIZE program in 2009. It reported that Belgian authorities assistance to foreign trafficking victims first identified launched an information campaign to increase in 2005 and 2008, the government did not convict or identification and protection for Brazilian victims of sentence any trafficking offenders last year, and did forced labor. In 2009, the government issued a flyer in not make adequate efforts to systematically identify 27 languages for potential trafficking victims distributed trafficking victims among vulnerable populations. In by the police, the shelters, and available in airports spite of existing anti-trafficking legislation and victim and railway stations. In April 2009, in partnership facilities, the government did not demonstrate appreciable with an NGO, the government held a colloquium in progress in combating trafficking; therefore Belize is the Belgian Senate to generate greater parliamentary placed on Tier 2 Watch List for the second consecutive interest in trafficking issues. Reportedly, Brussels, year. Antwerp, and Liege took measures to reduce the demand Recommendations for Belize: Increase efforts to for commercial sex acts during the reporting period. investigate and prosecute trafficking offenses and convict Following the example of Brussels and Antwerp, the Liege and punish trafficking offenders, including any allegedly city government closed 51 brothels in September 2008, complicit public officials; increase law enforcement limiting prostitution to a few registered bars. Belgian law efforts against both labor and sex trafficking; develop a allows for the prosecution of Belgian nationals for child formal mechanism to identify trafficking victims among abuse crimes committed abroad. The Belgian authorities vulnerable populations, including migrant laborers identified child sex tourism as a serious problem among and foreign women forced to work in bars; continue to Belgian nationals, but reported no prosecutions of such improve victim services and assistance; and increase activity. The government provided specific anti-trafficking penalties for human trafficking so they are commensurate training to Belgian troops before they were deployed on with penalties for other serious crimes, such as rape. international peacekeeping missions. Prosecution The Government of Belize demonstrated considerable, but BELIZE (Tier 2 Watch List) incomplete, efforts to apply law enforcement measures Belize is a source, transit, and destination country for against trafficking offenders during the past year. Belize’s men, women, and children subjected to trafficking in government prohibits all forms of trafficking through persons, specifically forced prostitution and forced labor. its Trafficking in Persons Prohibition Act of 2003, The most common form of trafficking in Belize is the which prescribes punishment between one and five forced prostitution of children, particularly situations years’ imprisonment and a $5,000 fine. These penalties where poor families push their school-aged daughters to are sufficiently stringent, but are not commensurate provide sexual favors to wealthy older men in exchange with penalties prescribed for other serious crimes such for school fees, money, and gifts. This “sugar daddy” as rape, which carries a penalty of eight years’ to life phenomenon occurs in Belize and other Caribbean imprisonment. Authorities conducted five anti-trafficking countries, but often is not recognized as a form of human law enforcement operations during the reporting period; trafficking by local communities or law enforcement no cases of human trafficking were identified during these personnel. Men, women, and children, particularly from operations, but individuals were arrested for immigration Guatemala, Honduras, El Salvador, and Mexico, migrate offenses. Two prosecutions of labor trafficking offenses voluntarily to Belize in search of work; some may fall are pending before the courts; in both cases, the victims victim to forced prostitution in bars or to forced labor. In were adult males. There were no trafficking convictions recent years, migrants from India and Nepal have been during the reporting period, and there have been no subjected to conditions of forced labor in Belize. Child trafficking convictions since 2005. Some international sex tourism has been identified as an emerging trend in organizations describe Belize’s judicial system as Belize. dysfunctional: human trafficking cases are typically handled in lower courts and often dismissed. An anti- trafficking committee, formed of various government agencies and several NGOs, led the government’s efforts to combat trafficking, including coordination of investigations and prosecutions of trafficking offenders. There were no confirmed cases of trafficking-related complicity by Belizean officials, although an NGO reports that some officials may have accepted bribes to ignore potential trafficking activity.

82 BENIN 83 frican ntil recently, he majority of igeria and Gabon, voire and other A ncrease efforts to I he government did not, o specific efforts to reduce ver the last year, the government took ier 2) T n efforts to prevent human trafficking,it , in which parents allow their children to live ome boysome are forced to laborfarms, on work ENIN ( ational Park in northern Benin exploit underage girls in here are reports that some tourists visiting Pendjari he Government Benin of does not fully comply with the n an effort to reduce the demandcommercial for sex, promote a code conduct of to prevent child sex tourism. I courts convicted three individuals commercial for sexual exploitation children of using carnalknowledge and indecent assault statutes. N demand forced for labor were reported. B Benin is a country origin of and transit children for subjected to trafficking in persons, specificallyconditions forcedof labor and forced prostitution. U analysts also considered Benin a destination country for foreign children brought to the country and subjected to forced labor, but new information from government and non-government sources indicates the total number suchof children is not significant. T victims are girls trafficked into domestic servitudeor the commercial sex trade in Cotonou, the administrative capital. S in construction, produce handicrafts, hawk or items on the street. Many traffickers are relativesor acquaintances theirof victims, exploiting the traditional system of vidomegon with and work richer for relatives, usually in urban areas. T N prostitution, some whom of may be trafficking victims. Beninese children recruited forced for labor exploitation abroad are destined largely N for with some also going to Cote d’ countries, where they may be forced to work in mines, quarries, the or cocoa sector. T minimum standards the for elimination trafficking; of however, is it making significant efforts to do despiteso, limited resources. O steps to accelerate prosecution trafficking of offenders andincrease the number protective of and preventive activities. I promulgated three decrees regulating the movement childrenof into and out Benin of and continued its countrywide effort to register births and issue birth certificates to all citizens. T however, collect and make available to its citizens and partners accurate law enforcement data human on trafficking issues. Further,it not did giveits officials specialized training to how on recognize, investigate, and prosecute instances trafficking. of Recommendations for Benin: I prosecute and convict traffickingoffenders; improve efforts to collect data sentences on imposed convicted on traffickingoffenders; develop formalprocedures for identifying trafficking victims women among and children in prostitution and children laboring in the informal sector and private residences; and developand enact legislation prohibiting traffickingof adults. he ndian en mmigration ne the of shelters he anti-trafficking committee s, particularly regarding hree sex trafficking victims first O lthough there were no reported G he government continued to air uthorities in Belize encouraged victims s, which receive limited funding and in-kind herewere reportsno victims of being jailed or uthorities provided temporary residency for O T he government operated two shelters adult for G uthorities registered new 13 cases children of risk at of he Government Belize of maintained efforts toraise he Government Belize of maintained adequate n collaboration with the Mexican government, the Protection government maintained partnerships with international organizations and N commercial sexual exploitation children, of and hosted a workshop in 2009 to raise awareness this of issue. A becoming victims commercial of sexual exploitation and provided them with education assistance, counseling, and other services. A Prevention T public awareness human of trafficking during the reporting period. T public service announcements in multiple languages and distributed posters and anti-trafficking materials. T investigations, prosecutions, convictions or child of sex tourists during the reporting period, government officials continued to work with Belize’s tourism industry to support from the government; the Government Belize of provided services to one child victim, including foster care and funding legal, for health, and rehabilitation services. T trafficking victims providedand access to medical care, counseling, and integration assistance. O officials who had received government-sponsored training humanon traffickingidentified four sex trafficking victims in March while initially 2010: incarcerated for immigration violations, once identified the victimswere removed fromjail and placed in protective care. T foreignlabor trafficking victims, all adult males were who firstidentified in 2008, received shelter assistance, victim servicesand work permits last year, and two were offered permanent residency. T identified 2005in continued to receivelegal, health, and rehabilitation services from the government during the reporting period. Child victims traffickingof could be placed in government institutions children for referred or to local N cannot accommodate both male and female victims at the same time. A to assist with the investigation and prosecution their of traffickers. penalized crimes for committed as a direct result being of trafficked. A labor trafficking victims. T conducted training in trafficking victimidentification for police officers, immigrationofficials, labor officials, social workers, and health care workers during the reporting period. foreign trafficking victims participating in court cases. I government assisted in the repatriation several of I T protection services trafficking for victims last year. During the reporting period, the government revised standard operating procedures officialsfor dealing withhuman trafficking cases to improve victimidentification and conducted training these on procedures. I Prosecution Furthermore, working with UNICEF and Gabonese The government sustained its efforts to bring trafficking officials, the government repatriated 28 Beninese offenders to justice during the reporting period. Benin children, some of whom may have been trafficking BENIN does not prohibit all forms of trafficking, though its 2006 victims, rescued from a boat carrying clandestine Act Relating to the Transportation of Minors and the migrants off the coast of Gabon. In most cases, the BPM Suppression of Child Trafficking criminalizes all forms took initial custody of victims once inside Benin, and of child trafficking and prescribes penalties of up to 20 after an interview to confirm their status as trafficking years’ imprisonment. These penalties are sufficiently victims, typically referred them to a network of long- stringent and exceed those prescribed for rape. The child term NGO shelters. The BPM holds recovered victims trafficking law does not cover adults, though existing at a large government-built transit shelter it maintained laws against kidnapping and labor exploitation give in Cotonou, staffed by seven NGO personnel, until some protection to people more than 18 years old. transferring victims to an NGO shelter for reintegration. The Ministry of Justice, Legislation and Human Rights During 2009, the BPM shelter took in 941 children, reported that Benin’s eight courts handled a total of 200 many of whom were trafficking victims, and offered cases of child trafficking and related offenses, including them legal, medical, and psychological assistance. The child abduction and corruption of children. At the close Ministry of Family and National Solidarity worked with of the reporting period, 155 cases remained pending, NGOs to reunite children with their families. No child five cases were dismissed, and 40 cases resulted in goes back to its community of origin until there is a convictions; the government neither specified which suitable point of reinsertion such as a school, vocational of these cases involved child trafficking nor provided center, or apprenticeship. The government extended information on sentences given to convicted trafficking access for these children to the national network of offenders. The Police Brigade for the Protection of Minors social promotion centers, which provide basic social (BPM) handled 58 cases involving child trafficking or services in each of the country’s 77 communes. Foreign illegal movement of children out of the country without victims of trafficking offenses received assistance from parental authorization, bringing 17 perpetrators to the the government through the BPM and social promotion Cotonou court for further investigation and prosecution. centers before repatriation. According to an NGO leading Gendarmes in the village of Porga arrested suspected the repatriation and shelter of Beninese victims from the traffickers trying to cross the Benin-Burkina Faso border Abeokuta quarries in Nigeria, the Beninese Ministry of en route to Cote d’Ivoire with five children in April 2009, Family, the BPM, and the Beninese Consulate in Nigeria and delivered them to the court at Natitingou. The repatriated 20 trafficking victims between August and government did not provide information on the outcome December 2009. Both BPM and the office of Family and of the Porga case, or data on cases handled by other Child Monitoring at the Ministry of Family established branches of the police. There was no evidence of Beninese operational databases on child trafficking during the year, government officials’ complicity in trafficking offenses. but neither yielded data on trafficking victims during the Although the senior police members were provided reporting period. Officials encouraged victims to assist training on child trafficking issues as part of their training in the investigation of trafficking offenders, but shielded at the police academy, other officials were not trained to children from taking part in the trial unless a judge recognize, investigate, and prosecute trafficking offenses. required it. Victims were not inappropriately incarcerated or fined for unlawful acts committed as a direct result of being trafficked, but the government did not have a mechanism for screening victims of trafficking among populations of women and children in prostitution. Prevention Through partnerships with local and international agencies, the government provided partial support for several new programs to prevent child trafficking. In 2009, the Ministry of Family, with foreign donor support, established 142 new local committees to Protection enable community surveillance in Benin and along the Four government ministries and several international Benin-Nigeria border. The BPM, immigration agents, donors and NGOs effectively used their partnerships to and gendarmes took up stations at international border widen Benin’s ability to assist, repatriate, and reintegrate crossings to screen travelers and monitor the transport victims of trafficking in 2009. The BPM reported rescuing of children. These observers relied on community 266 trafficking victims as they were being transported whistleblowers to alert them to suspicious cases. to and from Nigeria, Gabon, Cote d’Ivoire, Mali, and Furthermore, the government completed ahead of Togo; these rescues were the product of partnerships with schedule its 2008-2012 National Plan to Combat Child authorities of those countries. This figure represents an Trafficking and Labor. Also in 2009, the government increase of 22 more rescues than in the previous year. joined with foreign partners to implement a second

84 BOLIVIA 85 he majority he government prohibits ome of these of ome victims sought rgentina, and Peru with in 2010 he Bolivian government reported 21 o criminal investigations prosecutions or of he government continued to operate four anta Cruz, and Cochabamba, and made lto, S lto, l A he Government Bolivia of sustained anti-trafficking he Bolivian national police investigated 288 cases hese actions compare with 64 prosecutions initiated particularly victims for forced of labor; dedicate resources to serve repatriated victims trafficking; of develop formal procedures identifying for trafficking victims among vulnerable populations; and increase public awareness about the dangers humanof trafficking, particularly among Bolivians seeking work abroad. Prosecution T law enforcement efforts over the last year, though it did not demonstrate increased efforts toprosecute and punish traffickingoffenders. T all forms human of trafficking through 3325, Law an anti-trafficking law enacted 2006,in whichprescribes penalties 8 to of years’ 12 imprisonment, penalties which are sufficiently stringent and commensurate with penalties prescribed under Bolivian law other for serious crimes such as rape. A draft law submitted to Bolivia’s Congress over the past year would enhance the government’s ability to conduct thorough investigations andwould improve victims’ access to specialized services. T suspected involving of human trafficking 26 2009,in a percent increase over investigations initiated during the preceding year. T prosecutions initiated and seven traffickingoffenders convicted in 2009; three the of seven convicted offenders were given suspended sentences and released, while the other sentences ranged from three to years. 12 T andseven convictions obtained in 2008. T theof government’s anti-trafficking law enforcement efforts focused the on commercial sexual exploitation of children, and no charges were filed for labor trafficking offenses. T specialized anti-trafficking police units in La Paz, E preparations to open an additional six units along the frontiers with Brazil, A the support a foreign of government. Bolivian police increased targeted law enforcement operations against brothels, which resulted in the rescue children 287 of in conditions forced of prostitution, percent a 33 increase from the previous year. S care in shelters, while others were reintegrated with their families. N public officials allegedly involved with trafficking-related activity were initiated during the reporting period. he he nited F and a major E C ntensify anti-trafficking pain,and the U he government provided ier 2) n one case, Bolivian authorities T he government did not show evidence of he country’s porous borders facilitate the IVIA ( L O rgentina, Brazil, Chile, Peru, S he Government Bolivia of does not fully comply with tates in sweatshops, factories, and agriculture. Within identified26 Haitian children were who en route to Brazil possiblefor forced labor and forced prostitution. T the minimum standards the for elimination trafficking; of however, is it making significant efforts to do T so. government maintained significant law enforcement efforts against sex trafficking crimes, althoughit did not increase convictions trafficking of offenders, which remained disproportionately compared low with high the numbers trafficking of victimsidentified byBolivian authorities. T law enforcement efforts, particularly investigations allegationsof forced of labor adults of and children; increase efforts to prosecute traffickingoffenses, and convict and punish traffickingoffenders, especially in cases involving forced prostitution adult of women or forced labor; enhance victim services across the country, adequately addressing forced labor, and services available to individuals subjected to forced labor and repatriated Bolivians who were trafficked abroadwere generally lacking.While many Bolivia’s of anti-trafficking initiatives remained dependent international on funding, donor the government has initiated a project to significantly dedicate more law enforcement officers prosecutorsand toward the investigation and prosecution trafficking of offenses over the next year. Recommendations for Bolivia: I movement undocumented of migrants, some whom of may be trafficked. I B Bolivia is principally a source country men, for women, and children who are subjected to trafficking in persons, specifically conditionsforcedof prostitution and forced labor within the country abroad. or A largenumber Boliviansof are found in conditions forced of labor in A the country, young Bolivian women and girls from rural areas are subjected to forced prostitution in urban areas. Members indigenous of communities, particularly in the Chaco region, are risk at forced of labor within the country. A significantnumber of Bolivian children are subjected to conditions forced of labor in mining, agriculture, and as domestic servants, and reports indicate someparents sell rent or out their children for forced labor in mining and agriculture near border areas with Peru. T S anti-child traffickingproject to improve living conditions and advance respect children’s for rights, thus addressing key structural causes Benin’s of traffickingproblem. T government, in partnership with UNI regional bank, launched a seven-day awareness campaign against child sex tourism. T training to Beninese troops issues on child of trafficking and exploitation prior to their deployment abroad for international peacekeeping missions. Protection BOSNIA AND HERZEGOVINA The Bolivian government sustained modest efforts to protect trafficking victims over the last year. Although (Tier 1) law enforcement officials identified child victims during Bosnia and Herzegovina is primarily a source for Bosnian police operations in brothels, the government lacks women and girls who are subjected to trafficking in effective procedures for identifying trafficking victims persons, specifically forced prostitution within the among other vulnerable populations, such as child country, though it is also a destination and transit country laborers. During the past year, law enforcement officials for foreign women and girls in forced prostitution in stationed along Bolivia’s borders did not systematically Bosnia and in Western Europe. There were four identified attempt to identify victims of trafficking among victims from Serbia in 2009. Most trafficked women emigrating Bolivians, though reports indicate hundreds of entered the country through Serbia or Montenegro. children leave the country under suspicious circumstances There were reports that some girls, particularly Roma, each month. In larger cities, such as La Paz and Santa were trafficked, using forced marriage, for the purpose Cruz, the government maintains small municipal shelters of involuntary domestic servitude and that Roma boys capable of caring for sex trafficking victims on a short- and girls were subjected to forced begging by organized term basis, although some shelters limit services to

BOSNIA AND HERZEGOVINA groups. There was one case involving Bosnian males girls. In addition to investigating and prosecuting cases, recruited for labor and subjected to coercive conditions the anti-trafficking police unit in Santa Cruz provides in Azerbaijan in 2009. NGOs report that traffickers trafficked individuals, along with victims of domestic frequently use intermediaries to bring clients to private violence, with medical assistance and shelter, and is apartments, motels, and gas stations where victims are seen as a successful model of integrated care. Municipal held. shelters generally cannot, however, accommodate the demand for all forms of victim services, and in practice, The Government of Bosnia fully complies with the services are limited to women and children trafficked into minimum standards for the elimination of trafficking. commercial sexual exploitation, with minimal resources The government made clear progress in its anti-trafficking available to male victims of trafficking or victims law enforcement efforts during the reporting period by subjected to forced labor. Child victims may receive significantly reducing its use of suspended sentences and general care at a government-operated children’s shelter, imposing stronger penalties for convicted traffickers. The and NGOs and religious groups provide additional government employed proactive systematic procedures shelter care and reintegration training programs to to identify potential victims throughout the reporting trafficking victims. Temporary and long-term services period, registering a greater number of trafficking victims, for victims remain unavailable in parts of the country. and referred them to NGO service providers which it The government has no dedicated programs to assist funded. the significant numbers of Bolivians trafficked abroad Recommendations for Bosnia and Herzegovina: and later repatriated to the country. The government Consider providing specialized reintegration services to encourages victims to participate in investigations and all domestic trafficking victims, particularly for those prosecutions of trafficking offenders, though victims who choose not to stay at an NGO shelter; sustain and often do not because of their fear of reprisals from expand partnerships with NGOs to institutionalize a traffickers. The government does not provide foreign victim-centered response to trafficking; continue to trafficking victims with legal alternatives to deportation improve law enforcement coordination at all levels of to countries where they may face hardship or retribution. government; continue to improve penalties for convicted While the government provided no specialized training traffickers; ensure vigorous investigation and prosecution in the identification of trafficking victims, other of alleged trafficking-related complicity; continue to partners, including NGOs and foreign governments, conduct outreach with local centers for social work provided training to police, prosecutors, and the general to improve recognition and response to all trafficking population. victims, including children; develop specialized services for men who are subjected to conditions of forced labor; Prevention and develop more comprehensive campaigns aimed at The government sustained previous levels of prevention reducing the demand for commercial sex and forced labor. and public awareness efforts, largely in collaboration with international donors. Bolivian authorities continued Prosecution to forge partnerships with NGOs, international The Government of Bosnia made significant progress in organizations, and other governments on prevention its anti-trafficking law enforcement efforts over the last activities, and hosted the country’s first International year, delivering one of the highest sentences for trafficking Trafficking in Persons conference in March 2009. No ever prosecuted in Bosnia. The government also reduced efforts to reduce demand for commercial sex acts or forced its use of suspended sentences and increased penalties labor were reported during the year. The government for convicted traffickers. The Government of Bosnia provided anti-trafficking training for its troops before they prohibits trafficking for sexual and labor exploitation deployed on international peacekeeping missions.

86 BOSNIA AND HERZEGOVINA 87 tate he n 2009, the ’s operation’s of fficeof the S O G he government he O he government ensured that s on ans on outpatient basis. s provided shelter victims to 18 O O G G he government failed to protect the

-funded comprehensive campaign targeted uropean Commission reported witness protection O G O service providers and registered 46 trafficking G he government encouraged victims to assist in the he government provided legal alternatives to the he Bosnian government sustained its anti-trafficking victims in 2009, an increase from 29 identified 2008.in Government-funded N provided $32,000 the for care domestic of victims and care for $71,400 to foreign victims trafficking, of including repatriation assistance. T employed systematic proactive procedures identifying for and referring both foreign and domestic victimsto N during the reporting period; the remaining 28 victims received services from N T investigation and prosecution traffickers of and reliedon the voluntary cooperation victims of as witnesses in all of its prosecutions in 2009. However,2009 a report issued by the E in Bosnia remained inadequate. T removal foreign of trafficking victims to countries where they face hardship retribution or through the provision short-of and long-term residence permits. I government provided six victims with residence permits, an increase from the two permits provided the previous year. Police and border officers continued to employ systematic procedures identifying for trafficking victims among vulnerable populations and the government continued to train its consular officials abroadon ways to identify potential trafficking victims among persons applying Bosnian for visas. T identified victimswere not penalized for unlawful acts committed as a direct result their of being trafficked; however, unidentified victimswere likely inadvertently deported occasionally or prosecuted immigration for or other violations. T confidentialityof an alleged underage sex trafficking victim during the reporting period by allowing some media to disclose her full name and While photo. the government reported authorities referred the victim to itsone of shelters care, for the disclosure her of identify likely hampered the government’s ability to adequately protect her. Prevention T prevention efforts over the year. T Coordinator continued to coordinate and supervise an N youngat people seeking employment abroad that included TV spots, billboards, and pamphlets. T government continued to fund an N here rial he he ecurity oma girl. he hese penalties n March n 2009, the national he investigation rpska, authorities he government has yet to tate Minister S of n 2009, the government he S tate and local-level courts epublika S wo localwo officials under investigation ix these of sentences were over three he nationalgovernment successfully s that provided shelter and medical and O G rticle its of criminal 186 code, which prescribes tate Prosecutor their for December 2007 nder Bosnian many law, convicted offenders are he Government Bosnia of made progress in identifying he government reported all suspects were subsequently rebrenica Deputy Mayor, local religious officials, school T and protecting victims trafficking of 2009.in T Protection government continued to provide sufficient funding to six local N psychological assistance to foreign and domestic victims during the reporting period. I through A penalties years’ up to of 10 imprisonment. T eligible weekend for furloughs from prison; thus some convicted traffickers 2009in may have been releasedon weekends, posing a potential risk to their victims. T officials, and policeofficers for their alleged involvement in the trafficking andforced prostitution of a R are sufficiently stringent and commensurate with those prescribed other for serious crimes, such as rape. T government amended its criminal code in 2009, setting a three-year minimum sentence trafficking for and increasing the minimum penalty officials for involved in trafficking. T prosecuted a landmark trafficking case involving a high- level trafficker 2009,in sentencing the ringleader 12 to years in prison, fining $14,286, orderingand him the forfeiture over of $204,600 in assets. I government investigatedsuspected 14 trafficking cases, and local authorities investigated such 21 cases. T national government prosecuted three cases involving 12 suspected traffickingoffenders 2009in and convicted11 traffickingoffenders; sentences11 convicted for traffickers in two cases ranged from fivemonths 12 years’to imprisonment. S years in length, and one suspect was acquitted. Courts in the Federation prosecuted seven cases, convicted 11 traffickers and sentenced nineof them oneto to three years. Finally, in the R reportedly prosecuted nine trafficking cases and convicted five trafficking offenders, resulting in sentences ranging from one to two years. S suspended sentences two for convicted traffickers 2009,in a notable decrease suspended from 14 sentences in 2008. U were continued anecdotal reports police of and other officials’ facilitationof trafficking, including by willfully ignoring actively or protecting traffickersor exploiters traffickingof victims in return for payoffs. I the government2010, arrested suspects, 16 including the S T released two days after the arrests, citing lack sufficient of evidence to detain them. T was also interrogated as a suspect. T remains ongoing. T proceedings are still ongoing. T convict any government officials for trafficking-related complicity. by the S involvement in forced prostitution three of children were released from custody February on 12, 2009. T an anti-trafficking hotline in 2009. The government vulnerable populations, such as irregular migrants subject also continued to give specialized trafficking awareness to deportation. training to Bosnian troops before their deployment on Recommendations for Botswana: Complete the international peacekeeping missions. In partnership with drafting and enact comprehensive legislation that the Norwegian government, it developed a manual for specifically criminalizes the full range of trafficking police, prosecutors, social centers and health care officials offenses; increase efforts to prosecute, where appropriate, on preventing child trafficking. The government did not BOTSWANA suspected trafficking offenders under laws prohibiting conduct any awareness campaigns specifically aimed at forced labor, slavery, or forced prostitution; train law reducing demand for commercial sex acts or forced labor. enforcement, immigration, and social welfare officials to identify trafficking victims, especially among vulnerable BOTSWANA (Tier 2) populations such as women and children in prostitution and irregular migrants; institute and carry out formal Botswana is a source and destination country for procedures for proactively identifying victims; expand women and children subjected to trafficking in public awareness campaigns to educate the general persons, specifically forced labor and commercial public on the nature of human trafficking, including ANTIGUA & BARBUDA TIER RANKING BY YEAR ICELAND TIER RANKING BY YEAR sexual exploitation. Parents in poor rural communities the appropriate treatment of domestic workers under sometimes send their children to work for wealthier Botswana law; and increase efforts to keep detailed families as domestics in cities or as herders at remote records of trafficking-related efforts undertaken by law cattle posts, where some of these children are vulnerable enforcement entities. to forced labor. Batswana girls are exploited in prostitution within the country, including in bars and by Prosecution truck drivers along major highways; it does not appear, The Government of Botswana did not increase its efforts however, that organized pimping of children occurs. In to prosecute or punish trafficking offenses over the last THE BAHAMAS TIER RANKING BY YEARthe past, women reported being forced into commercial year, though it investigatedKOSOVO TIER RANKING BY YEAR several suspected cases of sexual exploitation at some safari lodges, but there human trafficking. The government did not prosecute were no similar reports during this reporting period. any trafficking offenses or convict or punish any Residents in Botswana most susceptible to trafficking trafficking offenders in 2009. Although it does not have are illegal immigrants from Zimbabwe, unemployed a comprehensive law prohibiting trafficking in persons, men and women, those living in rural poverty, provisions in the Penal Code of 1998, such as those in agricultural workers, and children orphaned by HIV/ sections 155-158 on procurement for forced prostitution AIDS. Some women from Zimbabwe who voluntarily, but and sections 260-262 on slavery, prohibit some forms of illegally, migrate to Botswana to seek employment are human trafficking. The sufficiently stringent penalties BARBADOS TIER RANKING BY YEARsubsequently subjected by their employers to involuntary prescribed for offensesMALDIVES TIER RANKING BY YEAR under these sections range from domestic servitude. Batswana families which employ seven to 10 years’ imprisonment, and are commensurate Zimbabwean women as domestic workers at times do so with those prescribed for other serious crimes, such as without proper work permits, do not pay adequate wages, rape. These sections have never been used to prosecute and restrict or control the movement of their employees or convict a suspected trafficking offender. In June by holding their passports or threatening to have them 2009, the Parliament passed a revised Children’s Act, deported back to Zimbabwe. which defined a child as anyone under the age of 18 and increased protections for children from various forms of

BOTSWANA TIER RANKING BY YEAR exploitation, includingNAMIBIA TIER RANKING BY YEAR child labor and child prostitution. Section 57 of the Act prohibits the facilitation or coercion of children into prostitution and prescribes sufficiently stringent penalties of two to five years’ imprisonment or a fine of $2858 to $7143. In October 2009, the Ministry of Defense, Justice and Security began drafting a comprehensive anti-trafficking law. Officers involved in law enforcement investigations of several non-trafficking crimes during 2009 observed that some of these crimes The Government of Botswana does not fully comply BRUNEI TIER RANKING BY YEAR seemed to containPALAU TIER RANKING BY YEAR elements of human trafficking. Very with the minimum standards for the elimination of few immigration and law enforcement officials are trained trafficking; however, it is making significant efforts to to effectively investigate cases of human trafficking or to do so. During the reporting period, the government differentiate between smuggling clients and trafficking began drafting a comprehensive anti-trafficking law, victims, which continued to obscure the nature and extent investigated potential cases of human trafficking, and of the trafficking situation in Botswana. In 2009, the provided protective services to several individuals who Botswana Police Service conducted 10 in-service training may have been targets of traffickers. It failed, however, courses for its officers, during which students received to prosecute and convict trafficking offenders or make lectures on combating human trafficking. A police attempts to proactively identify trafficking victims among

88 BRAZIL 89 n pain, here tates, DC, sex etherlands, nited S pain,are he N he task force began tlantic Forest, and the uriname, French Guiana, ussia and S ccording to UNO o a lesser extent, women from S awareness campaign that D nder Brazilian law the term trabalho AI nited Kingdom, T / ier 2) ier 2) IV T ome boysome have been identified as slave he government made efforts to reduce the L ( I Z RA O consultants to advise the government to how on enezuela, and Paraguay. T witzerland, France, Germany, and the U L taly, Portugal, the U strengthen both its laws worst on forms child of labor and enforcement those of laws. T developing definitions for what constitutes “hazardous work” under child labor statutes and recommended changes within existing laws to standardize the definition a “child”of under different statutes. During the year, the Ministry Labor of conducted child labor inspections and removed least at one child from a situation exploitative of child labor. T demand commercial for sex acts, largely througha broad, well-publicized H but also as far away as Japan. Brazilian authorities have uncovered evidence that foreign organized criminal networks, particularly from R involved in sex traffickingof Brazilianwomen. T is evidence that some Brazilian transsexuals have been subjected to forced prostitution abroad. Brazilian women andchildren are also subjected to forced prostitution in neighboring countries such as S V neighboring countries have been identified in sexual servitude in Brazil. U slave or escravo, labor, can signify forced labor labor or performed during exhausting work days in or degrading working conditions. More than 25,000 Brazilian men are subjected to slave labor within the country, typically cattleon ranches, logging and mining camps, sugar-cane plantations, and large farms producing corn, cotton, soy, and charcoal. S laborers in cattle ranching, mining, and the production charcoal.of Forced labor victims are commonly lured with promises good of pay by local recruiters – known as gatos – in rural northeastern states to interior locations where many victims are subjected to debt bondage. Most internally trafficked forced laborersoriginated from the states Maranhao of and Piaui, while Para andMato Grosso states received the higher number internally of trafficked slave laborers. Labor trafficking victims are also found in the Cerrado, the A children forced for labor, formed child a labor task force that met regularly throughout the reporting period. I mid-2009, the government funded the salaries two of I discouraged commercial sexacts. B Brazil is a source country men, for women, girls, and boys subjected to trafficking in persons, specifically forced prostitution within the country and abroad, as well as a source country men for and boys in forced labor within the country. A traffickingof Brazilianwomen occurs in every Brazilian state and the federal district. A large number Brazilian of women and children, many from the state Goias, of are found in forced prostitution abroad, often in S I S n early s, and O G -operated O nterpol was G t produced and he government provided he government continued its s and representatives from the O P legislation. I t is unclear whether any G s in an anti-traffickingworking TI O G M identified594 unaccompanied ational Central Bureau I of ndian migrants who officials believed to be targets he government made moderate efforts to prevent he government showed evidence minimal of efforts participation with N Prevention T trafficking in and through Botswana. During the reporting period, the government did not complete or implement a national anti-traffickingplan of actionit began developing in 2008. T group. During the reporting period, the working group raised the issue trafficking of in localthe press and within the government; fostered communication on trafficking issues between the government, N other stakeholders; and laid the groundwork drafting for and implementing anti- disseminated anti-trafficking education postersat allitsof border posts and included trafficking awareness segments in some its of law enforcement training sessions. I 2009, a partnership N of logistical and financial assistance to repatriate all nine individuals to their countries origin. of N assigned towork exclusively human on trafficking issues and to educate policeofficers about phenomenon;the information his on specific anti-trafficking duties and the results his of work were unavailable. T to protect victims trafficking. of During the year, the government did not identify provide or assistance to any confirmed victimsof trafficking, but provided shelter and social services to three Zimbabwean children and six illegal I transnationalof traffickers. T government’s police, labor, and social services responsible issuesfor child of labor, including the traffickingof Protection officer in the N shelters which received government funding to provide services to children, including children inprostitution, may have provided assistance to trafficked children without identifying them as such. Law enforcement and social services personnel haveestablished not formal procedures to proactively identify victims trafficking of among vulnerable populations to or refer identified victims protective for services, and foreign trafficking victims have been deported from Botswana. During the reporting period, IO minors the at reception center in Plumtree for Zimbabweans deported from Botswana and expressed concern that some them of may have been victims of trafficking Botswana has an extensive public medical system, which includes psychological care facilities, and a university-run legal clinic which provides legal assistance to victims any of crime. I trafficking victims received assistanceat these facilities in 2009. Botswana’s laws do not specificallyprotect victims trafficking of from penalization for unlawful acts committed as a direct result being of trafficked, but the government did not generally prosecute persons it believed to be victims any of crime. Pantanal. Children in involuntary domestic servitude, trafficking, however, such as consensual smuggling or particularly involving teenage girls, also constitute a movement for the purpose of prostitution. problem in the country. To a lesser extent, Brazil is a Labor trafficking is criminalized pursuant to Section destination for the trafficking of men, women, and 149 of the penal code, which prohibits trabalho escravo, BRAZIL children from Bolivia, Paraguay, and China for forced or reducing a person to a condition analogous to slavery, labor in garment factories and textile sweatshops in including by forcing a person to work or by subjecting metropolitan centers such as Sao Paulo. Child sex tourism a person to exhausting work days or degrading working remains a serious problem, particularly in resort and conditions. This statute, therefore, prohibits treatment coastal areas in Brazil’s northeast. Child sex tourists that is considered human trafficking, such as forced labor, typically arrive from Europe and, to a lesser extent, the as well as other treatment, such as poor labor conditions, United States. which is beyond the definition of human trafficking. The The Government of Brazil does not fully comply with the penalty of two to eight years’ imprisonment is sufficiently minimum standards for the elimination of trafficking; stringent. However, Brazilian law may not adequately however, it is making significant efforts to do so. Last year criminalize other means of non-physical coercion or the government sustained strong efforts to rescue several fraud used to subject workers to forced labor, such as thousand victims of slave labor through mobile labor threatening foreign migrants with deportation unless they inspection operations and enhanced efforts to provide sex continued to work. A 2006 presidential decree included trafficking victims with services through an expanding a stated goal to amend Brazilian anti-trafficking laws to series of anti-trafficking centers. However, convictions of achieve parity between penalties applied to sex trafficking sex trafficking offenders decreased from the previous year and slave labor crimes; such amendments remain and government-provided shelter services and protections unrealized. A bill first proposed in 2001 which would for trafficking victims remained inadequate. allow the government to confiscate and redistribute property on which forced labor has been employed is still Recommendations for Brazil: Increase efforts to pending. investigate and prosecute trafficking offenses, and convict and sentence trafficking offenders, including public During the reporting period, five sex trafficking offenders officials allegedly complicit in trafficking crimes; amend were convicted in one case involving Brazilian women legislation to apply more stringent sentences for labor trafficked to Switzerland, with sentences ranging from trafficking offenders and to bring sex trafficking statutes one to six years’ imprisonment. Such results represent in line with the UN TIP Protocol; consider increasing a decrease in convictions when compared with 22 sex penalties for fraudulent recruiting crimes to more trafficking convictions achieved during the previous effectively target and punish unscrupulous recruiters of reporting period. There were no reports of convictions forced labor; enhance collaboration between government for internal sex trafficking, although several individuals entities involved in combating different forms of were arrested for this crime. Authorities collaborated trafficking; continue to improve and increase funding for with foreign governments in a number of transnational victim assistance and protection, especially for victims of trafficking cases involving victims trafficked to Italy, slave labor who are vulnerable to being re-trafficked; and Spain, Portugal, Canada, Switzerland, Mexico, Argentina, expand partnerships between the government and the and the United States. An integrated sex trafficking business sector to encourage voluntary efforts made by database which will collect information from law companies to eliminate forced labor. enforcement, the judiciary branch, and anti-trafficking centers around the country remained in the testing stage. Prosecution The government maintained efforts to investigate The Brazilian government maintained law enforcement forced labor crimes. During the reporting period, the efforts to confront human trafficking crimes during the government prosecuted and convicted 15 persons under past year. Brazilian laws prohibit most forms of trafficking the trabalho escravo law. The 15 convicted offenders were in persons. Law 12.015, which entered into effect in given sentences ranging from 30 months to 10 years and August 2009, amended Sections 231 and 231-A of the six months plus fines, compared with 23 convictions Brazilian penal code to strengthen penalties against for trabalho escravo during the previous year. Convicted potential sex trafficking offenders. Sections 231 and 231- trafficking offenders had subjected workers to slave labor A prohibit promoting or facilitating movement to, from, on a rice and soy plantation, a palm-oil plantation, and or within the country for the purposes of prostitution or cattle ranches. The Ministry of Labor’s anti-slave labor other forms of sexual exploitation, prescribing penalties mobile unit, created in 1995, increased the number of of three to eight years’ imprisonment. Sentences may be rescue operations conducted last year; the unit’s labor increased up to 12 years when violence, threats, or fraud inspectors continued to free victims, and require those are used, or if the victim is a child. The above penalties responsible to pay approximately $3.3 million in fines. are sufficiently stringent and commensurate with those In the past, mobile unit inspectors did not typically prescribed for other serious crimes, such as rape. These seize physical evidence or attempt to interview witnesses statutes encompass activity that does not constitute with the goal of developing a criminal investigation or

90 BRAZIL 91 s, O G uch he Ministry s report that uthorities s provided O O G he government G s allege that ccording to N O G ome N ome ome victimsome sex of ao Paulo airport previously io deio Janeiro in 2010. he government did not generally hese offices are responsible for . During 2009, the post assisted 444 alvador, and R O G uthorities plan to create additional airport posts , few alternate forms employment of the for rescued he government encouraged sex trafficking victims n early the government 2010, took over responsibility During the year, the Ministry Labor’s of mobile units identified and freedvictims3,769 of trabalho escravo through operations 156 targeting properties. 350 S results compare victims with 5,016 freed through 154 operations targeting 290 properties in 2008. T Laborof awarded forced labor victims a portion of funds which were derived from fineslevied against the landownersemployers or identified during operations.the However, forced labor victims, typically adult Brazilian men, were not eligible government-provided for shelter assistance, though they were provided with three months’ salary minimum at wage, as well as job training and travel assistance when available. S such victim services to male victims. A individuals, nine which of were identified as trafficking victims. A in Fortaleza, S some rescued slave laborers have been re-trafficked, due to lack effective of prosecutions recruiters of trabalho of escravo workers, and lack legal of aid to help them pursue their own complaints against exploitative employers. T to participate in investigations and prosecutions of trafficking, though victimsoften were reluctant to testify due to fear reprisals of from traffickers and corrupt law enforcement officials. N police often dismissed cases involving sex trafficking victims, and some victims reported discrimination or prejudicial treatment due to the fact that they worked in prostitution prior to being trafficked wereand therefore not considered victims. T encourage victims slave of labor to participate in criminal investigations prosecutions. or S traffickingwere offered short-termprotection under a witness protection program active states, in 10 which was generally regarded as lacking resources. T did not detain, fine,or otherwise penalizeidentified is yet not operational. T providing victim assistance, in addition to preventing and combating human trafficking, although N quality service of varies and that some centers focus on public awareness as opposed to victim care. A also operated an assistance post to aid repatriated citizens who might be trafficking victims in the airport in Belem. I anfor assistance post in the S run by an N io deio he DC, ervice uthorities rgentine xploitation of ao Paulo, R exual E s noted that many centers O buse, and S G cre and Bahia, although the latter s provided additional victim services, O ocial Development provided generalized G dolescents care. for While the government iolence, A O reporting indicated serious official ao Paulo to work in the garment industry, and G n the past, reporting indicates that state police uthorities continued to use mobile inspection teams he Brazilian government sustained efforts to provide he Ministry S of n addition to weak coordination among the police, officialswere involved in the killing or intimidationof witnesses involved in testifying against police officials in labor exploitation slave or labor hearings, and a few Brazilian legislators have sought to interfere with the operation the of labor inspection teams. Five federal police officers and federaltwo police administratorswere arrested alleged for involvement in trafficking Chinese workers to S complicity in trafficking crimesat localthe level, alleging that police turned a blind eye to child prostitution and potential human trafficking activity in commercial sex sites. I one federal judge was charged with trafficking Brazilian women to Portugal sexual for exploitation. A provided specialized anti-trafficking training to law enforcement officers. governments in a general migrant’s assistance center in the tri-border area. Brazilian police continued to refer child sex trafficking victims to government-run S to Combat V T trafficking victims with services during the year. A to identify forced laborers, but did not report formal procedures identifying for trafficking victims among other vulnerable populations, such as women in prostitution. T shelter, counseling, and medical aid to women and girls who were victims sex of trafficking throughits network 400 of centers victims for domestic of violence andsexual abuse. During the reportingperiod the government established center a women’s victims for of violence, including human trafficking, via an agreement partnershipof with the Paraguayan and A Protection prosecution; labor inspectors and labor prosecutors can only apply civil penalities, and their anti-trafficking efforts were not always coordinated with public ministry prosecutors, who initiate criminal cases in federal court. I judiciary, and prosecutors, local political pressure and the remoteness areas of in which slave labor was practiced were cited as impediments in criminal prosecution of slave labor offenders. Credible N Brazilian government, with assistance from UNO continued to fund regional anti-traffickingoffices in conjunction with state governments in S Janeiro, Goias, Pernambuco, Ceara, and Pará and opened two new offices in A were not prepared to handle trafficking cases wereand underfunded.N sometimes with limited government funding, and long- term shelter options were generally unavailable. T Children and A reported training workers more than at 600 centers and health care facilities around the country to assist trafficking victims, N victims of trafficking for unlawful acts committed as a foreign sex tourists, though there were no reports of direct result of being trafficked. However, the government prosecutions or convictions for child sex tourism within does not provide foreign trafficking victims with legal Brazil. The Brazilian military used the UN Peacekeeping alternatives to removal to countries where they may face Office’s anti-trafficking and forced labor training modules

BRUNEI hardship or retribution, and law enforcement personnel to train its troops prior to their deployment abroad as part noted that undocumented foreign victims were often of international peacekeeping missions. deported before they could assist with prosecutions against their traffickers. Brazilian consular officers received guidance on how to report trafficking cases and BRUNEI (Tier 2 Watch List) assist trafficking victims. Brunei is a destination, and to a lesser extent, a source and Prevention transit country for men and women who are subjected to trafficking in persons, specifically forced labor and The Brazilian government increased efforts to prevent forced prostitution. Men and women from Indonesia, human trafficking last year. Federal authorities generally Malaysia, the Philippines, Pakistan, India, Bangladesh, maintained good cooperation with international China, and Thailand migrate to Brunei for domestic or organizations and NGOs on anti-trafficking activities. other low-skilled labor but sometimes face conditions of Various government agencies implemented parts of the involuntary servitude upon arrival. There are over 88,000 2008-2010 National Plan for Combating Trafficking in migrant workers in Brunei, some of whom face debt Persons: the 2010-2012 plan was not released at the time bondage, non-payment of wages, passport confiscation, of publication. Civil society organizations, religious confinement to the home, and contract switching – factors officials, and various government agencies collaborated that may contribute to trafficking. There were credible on anti-trafficking initiatives. A national hotline for reports of nationals from South Asian countries subjected reporting incidents of child sexual abuse and exploitation to nonpayment of wages and debt bondage in Brunei for received approximately 12,000 calls on sexual up to two years to pay back foreign recruitment agents. exploitation of children, including a total of 200 reported Some of the 25,000 female domestic workers in Brunei calls on child trafficking. were required to work exceptionally long hours without Articles 206 and 207 of Brazil’s penal code prohibit being granted a day for rest, creating an environment the trafficking-related offense of fraudulent recruitment consistent with involuntary servitude. There are reports or enticement of workers, internally or internationally, of women forced into , and reports prescribing penalties of one to three years’ imprisonment. that women arrested for prostitution attest to having The Ministry of Labor’s “dirty list,” which publicly been victims of trafficking. Brunei is a transit country for identifies individuals and corporate entities the trafficking victims in Malaysia, including Filipinas, who government has determined to have been responsible for are brought to Brunei for work permit re-authorization crimes under the trabalho escravo law, continued to provide before being returned to Malaysia. civil penalties to those engaged in this serious crime. The The Government of Brunei does not fully comply with the most recent version, released in January 2010, cited 164 minimum standards for the elimination of trafficking; employers, some of whom, because of this designation, however, it is making significant efforts to do so. While were denied access to credit by public and private the government has laws to prosecute trafficking, it has financial institutions because of this designation. During never prosecuted a trafficking case. The government did the year, however, a number of individuals and corporate not proactively identify any trafficking victims during the entities were able to avoid opprobrium by suing to remove year, nor did it develop or implement formal procedures their names from the “dirty list” or reincorporating under to identify victims of trafficking. For these reasons, a different name. Brunei is placed on Tier 2 Watch List. Given Brunei’s The government took measures to reduce demand ample resources, there is still room for considerable for commercial sexual exploitation of children by improvement in its law enforcement approach to conducting a multi-media campaign during the 2010 trafficking and Brunei is encouraged to consider Carnival holiday period, reaching an estimated audience implementing the recommendations outlined below or of 600,000. Action brigades distributed a wide variety similar measures. of awareness materials, radio announcements were Recommendations for Brunei: Use the 2004 anti- broadcast daily, and airlines made information available trafficking in persons law to increase significantly the on their flights. The government also sought to reduce number of investigations and prosecutions of both sex demand for commercial sex acts along Brazil’s highways. trafficking and labor trafficking offenses and convict and In partnership with a Brazilian energy company and an punish trafficking offenders; adopt proactive procedures international organization, authorities trained highway to identify victims of trafficking among vulnerable police and engaged truck drivers in the fight against the groups, such as migrant workers and females arrested for commercial sexual exploitation of children. Finally, prostitution; apply stringent criminal penalties to those Brazilian authorities relied on operational partnerships involved in fraudulent labor recruitment or exploitation with foreign governments to extradite and prosecute of forced labor; prosecute employers and employment

92 ALAU TIER RANKING BY YEAR MALDIVES TIER RANKING BY YEAR NAMIBIA TIER RANKING BY YEAR ICELAND TIER RANKING BY YEAR P KOSOVO TIER RANKING BY YEAR

BRUNEI 93 he victims’ here are P Protocol. here were no he government he government he government does not he Brunei government did not, lthough is it illegal employers for in fficials participated in several regional ANA TIER RANKING BY YEAR ne foreign mission reported suspected 20 s or internationals or organizations in Brunei O BARBADOS TIER RANKING BY YEAR ANTIGUA & BARBUDA TIER RANKING BY YEAR THE BAHAMAS TIER RANKING BY YEAR BRUNEI TIER RANKING BY YEAR BOTSW G s there may have been trafficking victims among these he government does not provide legal alternatives to he Brunei government demonstrated limited prevention provideshelter rehabilitative or services to trafficking victims. O trafficking caseswomenof forced prostitutioninto in Malaysia and traveling to Brunei to obtain work visa re- entry permits. Brunei authoritieswere informed when the Filipino victims were entering the country, and allowed thevictims toenter Brunei without proper documentation to assist in their escape from their traffickers. T foreign embassy provided shelter and repatriation assistance to the victims. T however, apprehend the suspected traffickers involved conductor a criminalinvestigation. While immigration authorities actively identified and charged violators immigrationof there law, were no cases reported of authorities identifying and assisting trafficking victims among immigration violators during the reporting period. A immigration violators, some may have been penalized unlawfulfor acts committed as a direct result their of being trafficked. A Brunei to withhold wages their of domestic workers for more than days, 10 some families are known to withhold wages to compensate recruitment for fees they are charged andas a tool with which to control workers. T no N that provide support to trafficking victims, though the embassies several of source countries provide shelter, mediation, and immigration assistance to their nationals. T the removal victims of to countries where they may face hardship retribution. or While the Brunei police reported running a workshop identifyingon victims members for its of anti-vice unit, the victim identificationmeasures employed by the unit do not appear to be effective. T Prevention T efforts during the reporting period. T did not conduct any public awareness campaigns on trafficking. O training programs trafficking. on T provides arrival briefings foreignfor workers and runs a telephone hotline worker for complaints. T measures taken to reduce the demand commercial for sex acts. Brunei is not a party to the 2000 UN TI he Government rder 2004; of rder prescribes punishments he government did not report muggling Persons O he Department Labor of investigated he 2004 O uthorities continue to rely victims on leven companies and employers 13 ct, which carries administrative penalties. rafficking and S lthough government regulations prohibit wage he government did not provide centrally coordinated he government made no discernible anti-trafficking law Brunei did not demonstrate significant efforts identifyto and protect trafficking victims during the reporting period. Brunei does not have a proactive system to formally identify victims trafficking of among vulnerable groups, such as foreign workers and foreign women and children in prostitution. T identifying any trafficking victims in the past year. T training its for officialsidentifyingon trafficking victims. Protection of up toof 30 years’ imprisonment, which is sufficiently stringent and commensurate with penalties prescribed otherfor serious offenses. Brunei authorities did not investigate prosecute or any trafficking cases during the reporting period. T labor disputes from foreign workers, including job switching, salary deductions recruitment for fees, salary based false on promises, and high recruitment fees paid by the prospective employee, although did it not identify any instances trafficking of among these cases. Labor disputes by foreign workers are usually tried under the Labor A A deductions by agencies sponsors or and mandate that employees receive their full salaries, some foreign workers continued to pay high fees to overseas recruitment agents to obtain work in Brunei, leaving them vulnerable to debt bondage. A coming forward being or identified by foreign embassies, and do not proactively identify trafficking cases among vulnerable groups. During the reporting period, there were complaints 127 by foreign workers against employers who failed to pay salaries involving 34 companies and employers.26 E settled through reconciliation and arbitration while the remaining cases remain under investigation. of Bruneiof prohibits sex and labor trafficking through its T however, there has never been a prosecution conviction or under this order. T Prosecution T enforcement efforts during the past year. T agencies who unlawfully confiscateworkers’ passports as a means intimidating of workers holding or them in a state involuntary of servitude, use or other means to extract forced labor; expand cooperative exchanges informationof about trafficking cases withforeign governments in order to arrest and prosecute traffickers who enter Brunei; ensure that victims trafficking of are not threatened otherwise or punished crimesfor committed as a result being of trafficked; train law enforcement, immigration, and prosecutors the on use theof anti-trafficking law; and implement and support a comprehensive and visible anti-trafficking awareness campaign directed employers at foreign of workers and clients the of sex trade. labor through Section 159 of its criminal code, which BULGARIA (Tier 2) prescribes penalties of between two and 15 years’ Bulgaria is a source and, to a lesser extent, a transit and imprisonment. These penalties are sufficiently stringent destination country for women and children who are and commensurate with those prescribed for other serious subjected to trafficking in persons, specifically forced crimes, such as rape. In 2009, police conducted 131 new trafficking investigations including nine labor trafficking

BULGARIA prostitution and men, women, and children subjected to conditions of forced labor. Bulgarian women and investigations, compared with 187 sex trafficking and children are subjected to forced prostitution within the 25 labor trafficking investigations conducted in 2008. country, particularly in resort areas and border towns, In 2009, authorities prosecuted 77 individuals for sex as well as in the Netherlands, Belgium, France, Austria, trafficking and four for forced labor compared with 79 Italy, Germany, the Czech Republic, Finland, Greece, persons prosecuted for sex trafficking and eight for labor Italy, Spain, Poland, Switzerland, Turkey, Cyprus, and trafficking in 2008. A total of 83 trafficking offenders Macedonia. Ethnic Roma women and children account for were convicted – 80 for sex trafficking and three for labor approximately 15 percent of Bulgarian trafficking victims. trafficking offenses – compared with 66 sex trafficking Bulgarian men, women, and children are subjected to offenders and three labor trafficking offenders convicted conditions of forced labor in Greece, Italy, Spain, and the in 2008. In 2009, 51 of the 83 convicted trafficking United Kingdom. Some Bulgarian children are forced into offenders were sentenced to imprisonment, a significant street begging and petty theft within Bulgaria and also in increase from 25 convicted offenders sentenced to serve Greece and the United Kingdom. time in prison in 2008. The government did not report the sentence ranges for those convicted trafficking offenders The Government of Bulgaria does not fully comply with sentenced to time in prison. During the reporting the minimum standards for the elimination of trafficking; period, the government partnered with NGOs and IOM however, it is making significant efforts to do so. In to provide trafficking-specific training to 34 judges, 19 2009, Bulgaria amended Section 159 of its criminal prosecutors, 60 labor inspectors, and 60 police officers. code and increased the minimum penalty for trafficking Bulgarian law enforcement officials also partnered offenses from one year’s imprisonment to two years’ with law enforcement counterparts from seven other imprisonment. The government investigated trafficking- European countries during 17 joint human trafficking related complicity among officials at various levels of investigations. government, although efforts to prosecute complicit officials remained limited. While Bulgaria continued There were continued reports of trafficking-related its overall efforts to assist and protect most victims of complicity of government officials during the reporting trafficking, two victims identified during the year were period. In 2009, two municipal councilors in Varna punished for crimes committed as a direct result of pleaded guilty to organized human trafficking, trafficking. including forced prostitution following their arrest in the fall of 2008; one official was sentenced to one year imprisonment and one official was sentenced to three years’ imprisonment. A third municipal councilor arrested in the same 2008 case did not plead guilty and his trial was ongoing at the time of this report. In a separate case, nine police officers of a local anti-organized crime unit in Vratsa were dismissed from office for assisting a trafficking group, although none of these officials were prosecuted for complicity in human trafficking. As reported in the 2009 Report, the government also Recommendations for Bulgaria: Ensure that no victims investigated one police officer for complicity in trafficking of trafficking are punished for unlawful acts committed in 2008; however, the government did not demonstrate as a direct result of being trafficked; continue efforts to efforts to prosecute this official at the conclusion of this vigorously investigate, prosecute, convict, and punish reporting period. government officials complicit in trafficking; continue efforts to investigate, prosecute, and convict trafficking Protection offenders and ensure that a majority of convicted The Government of Bulgaria sustained its overall victim offenders serve some time in prison; and continue to assistance and protection efforts during the year, though increase the number of victims referred by government it penalized two identified victims of trafficking for officials to service providers for assistance. crimes committed as a direct result of being trafficked. In 2009, the government identified 289 victims of trafficking Prosecution – including 44 children – and referred nearly all of them The Bulgarian government sustained its strong anti- for assistance, compared with 250 victims identified trafficking law enforcement response to human trafficking in 2008. The majority of adult victims were assisted by over the reporting period. Bulgaria prohibits trafficking privately funded NGOs, although both the national and for both commercial sexual exploitation and forced

94 BURKINA FASO 95 et n prior iger migrate to ncrease penalties ction showing that, he number child of ier 2) T ocial A o a lesser extent, traffickers iger. Child trafficking victims ogo, Benin, and N urope. from Women neighboring eptember 2009 destroyed many uagadougou, Bobo-Dioulasso, ASO ( igeria, T he Government Burkina of Faso provided INA F K voire, Mali, and N I UR ouna, and Hounde. Child victims face conditions of he Government Burkina of Faso does fully not comply children and sentenced him to 66 months’ imprisonment; one Bulgarian national was also convicted and sentenced to nine months’ imprisonment for the children. During the reporting period, clients 14 childrenof in prostitution were prosecuted andconvicted and sentenced to up to three years’ imprisonment. B Burkina Faso is a country origin, of transit, and destination persons, for mostly children, subjected to trafficking in persons, specificallyforced laborforced and prostitution. T data from the Ministry S of who remain inside Burkina Faso are usually found in large cities such as O N forced labor services or as plantation hands, laborers cocoaon farms, domestic servants, beggars recruited as pupils by unaccredited Koranic schools, captives or in the prostitution trade. T recruit Burkinabe women nonconsensual for commercial sexual exploitation in E countries like N massive flooding in S files and computer systemsholding dataon trafficking investigations and prosecutions during the year. I years, the government conscientiously reported such information. Protection and assistance efforts victims for continued to the extent the country’s strained resources allowed. Recommendations for Burkina Faso: I imposed convicted on traffickingoffenders to reflect the longer terms permitted under the May 2008 anti- trafficking law; expandprograms to train allofficials who encounter and rescue victims child of trafficking to how on identify and assist these victims; include the personnel Burkinabe of embassies and consulates in training programs to how on identify and respond to victims trafficking; of and encourage trafficking victims’ participation in prosecutions alleged of trafficking offenders. Burkina Faso the on promise respectable of work, but are subjected to forced labor in bars forced or prostitution. T with the minimum standards the for elimination of trafficking;however, it is making significant efforts to do so, despite limited resources. T victims intercepted in 2009 exceeds by the 100 already high rate recorded in the previous reportingperiod. Y in 2009, security forces and regional human trafficking surveillance committees intercepted children 788 Burkinabe and foreign children, whom of were boys, 619 destined exploitation for in other countries, principally Cote d’ re n 2009, arna, ffairs he n 2009, the s for assistance.s for he government O G s. T O G ll victims in Bulgaria were arna to have sex with he local government n 2009, 44 children were s. T O G he Ministry Foreign of A he local government in V he government permitted foreign ational Commission Combating for he N s during the reporting period. T O G raveling?” T arnaoperated an adult trafficking shelter in that pproximately victims 100 were assisted by government- he government also demonstrated efforts to reduce he Bulgarian government demonstrated significant ou T rafficking Humanin Beingsprovided information to pain identified and referred for assistance six Bulgarian Y T more than students 350 about human trafficking and organized an essay and art contest students for to share and discuss their impressions human of trafficking; the Commission presented 50 awards anti-trafficking for illustrations and30 awards essays for during this contest. T demand commercial for sex acts and to combat child sex tourism. For example, in 2009, the government convicted one foreigner traveling for to V Prevention T progress in its efforts to prevent trafficking during the reporting period. T in partnership with an employment agency and the local university, organized a prevention campaign that educated students about forced labor titled “Where A local governments did provide limited in-kind assistance to six anti-trafficking N in V city; six victims were assisted by this shelter in 2009. A funded N government continued to operate six child-crisis centers that provided rehabilitative, psychological, and medical assistance to identified child victimsof trafficking, as well as other children in distress. I providedwith government-funded assistance, significanta increase from 25 child trafficking victims assisted in government shelters in 2008. A eligible free for medical and psychological care provided through public hospitals and N victims forced of labor, including three children. I encouraged victims to assist in trafficking investigations and prosecutions; victims who chose to cooperate with law enforcement were provided with full residency and employment rights the for duration the of criminal proceedings; the government reported that no foreign victims requested temporary residency permits during the reporting period. T victims who chose not to cooperate with trafficking investigations to stay in Bulgaria one month for and 10 days before they faced mandatory repatriation; in 2009, the government granted one such permit to stay 10 for days plus one month. T provided training to its officials posteditsat embassies regarding the identification and treatmentof trafficking victims, including to how refer Bulgarian victims of trafficking found overseas localto N During the reporting period, the Bulgarian embassy in S five victims participated in the police witnessprotection program, compared with seven in 2008. I government convicted two trafficking victims and sentenced each to a six-month suspended sentence for illegal border crossing, an unlawful act committed as a direct result their of being trafficked. Prosecution trafficking in the country is well known, but officials The effectiveness of the government’s anti-trafficking and private citizens alike have difficulty distinguishing law enforcement efforts in 2009 was difficult to assess between children who migrate voluntarily for work, and due to a natural disaster’s destruction of relevant records. those who are victims of trafficking. BURMA Burkina Faso’s May 2008 anti-trafficking law prohibits all forms of trafficking and prescribes maximum Prevention punishments for convicted offenders as high as 20 years Strong partnerships with NGOs and international or life imprisonment; these penalties are sufficiently organizations allowed the Burkinabe government to stringent and commensurate with prescribed penalties sustain nationwide anti-trafficking information and for other serious offenses, such as rape. The government education campaigns during the last year. Local and has not reported whether successful prosecutions in 2009 international partners supported workshops and seminars led to significantly longer sentences than sentences given focused on child trafficking, and government and to convicted offenders in previous reporting periods. The private media aired radio and television programs that government claimed to have investigated and prosecuted impacted approximately 600,000 people. The government a number of suspected trafficking offenders in 2009; distributed thousands of booklets describing the Anti- computerized and paper-based police and court records TIP National Action Plan, but was not able to implement of these cases were subsequently lost in September the plan. The mayor of Ouagadougou took some steps to 2009 flooding. There was no evidence of government reduce the demand for commercial sex acts by closing 37 officials’ complicity in trafficking, though some corrupt brothels in the capital in 2009. The government provided law enforcement agents may have facilitated trafficking- Burkinabe military troops with human rights and related activity. trafficking training prior to their deployment abroad as international peacekeepers. BURMA (Tier 3)

Burma is a source country for men, women, and children who are subjected to trafficking in persons, specifically forced labor and for women and children in forced prostitution in other countries. Burmese children are subjected to forced labor as hawkers and beggars in Thailand. Many men, women, and children who Protection migrate abroad for work in Thailand, Malaysia, China, The government was not in a position to provide many Bangladesh, India, and South Korea are trafficked into services directly to trafficking victims. In 2009, however, conditions of forced or bonded labor or commercial the Ministry of Social Action, together with security sexual exploitation. Economic conditions within the forces and regional anti-trafficking committees, identified country led to increased legal and illegal migration of and referred 788 child victims to some of the 23 transit Burmese regionally and to destinations as far as the centers jointly funded by the government and UNICEF. Middle East. Men are subjected to forced labor in the The government also provided approximately $85,000 for fishing and construction industries abroad. Burmese support and school fees to 50 orphanages and nurseries women who migrate to Thailand, China, and Malaysia for where the risk of child trafficking was significant – an economic opportunities are found in situations of forced unusual commitment of support from a government with labor and forced prostitution. Some trafficking victims limited resources. To help foreign victims return to their transit Burma from Bangladesh to Malaysia and from homes countries quickly, the government processed their China to Thailand and beyond. The government has yet travel documents and collaborated with NGOs to ensure to address the systemic political and economic problems a safe return. Burkinabe law permits a victim to seek legal that cause many Burmese to seek employment through action against trafficking offenders, but official agencies both legal and illegal means in neighboring countries, did not report any such cases in 2009, or any instances where some become victims of trafficking. of victims assisting in the prosecution of suspected Burma’s internal trafficking remains the most serious offenders. The government does not provide legal concern. The military engages in the unlawful alternatives to the removal of foreign victims to countries conscription of child soldiers, and continues to be the where they face hardship or retribution. Nationals of main perpetrator of forced labor inside Burma. The direct ECOWAS states, including trafficking victims, however, government and military use of forced or compulsory may legally reside and work in Burkina Faso. The labor remains a widespread and serious problem, government made efforts to sensitize law enforcement particularly targeting members of ethnic minority groups. agents to child trafficking issues during the reporting Military and civilian officials systematically used men, period, but did not develop official programs to train women, and children for forced labor for the development officials in identifying victims. The prevalence of child of infrastructure and state-run agricultural and

96 BURMA 97 n nti- he Burmese rmy his for n December 2009, he recruitment of or wereO or otherwise active t also reported investigating, L he government continued to on forcedO on labor issues. Burma L ection which could 374, result in imprisonment evertheless, limited capacity and training the of police dditionally, court proceedings are not open and lack due he Burmese regime reported investigating cases 155 of he Government Burma of reported some progress in law rafficking Personsin whichLaw, prescribes criminal in working with the I prohibits sex and labor trafficking throughits 2005 A T penalties that are sufficiently stringent and commensurate with those prescribed rape. for T children into the army is a criminal offense under Penal Code S up tofor one year, a fine, or or both. I the Burmese military reported that dismissed it a captain from the military via court martial and sentenced him to one year imprisonment in a civilian jail child for soldier recruitment – the first ever criminal convictionof a military official involved in child soldier recruitment. I the same case, an additional two privates were sentenced to three months’ and one month military imprisonment, respectively. Burmese law enforcement officials generally were not able to investigate prosecute or cases military of perpetrated forced labor child or soldier recruitment absent assent from high-ranking military officers. While forced labor is widely considered to be the most serious traffickingproblem in Burma, authorities reported that most trafficking cases investigated prosecutedand involved women and girls subjected to forced marriage or intended to be subjected to forced marriage. T regime rules arbitrarily through its unilaterally imposed laws, but rule law of is absent, as is an independent judiciary that would respect trafficking victims’ rights. T trafficking,prosecuting individuals,410 and convicting 88 offenders in 2009, an increase from 342 reported prosecutions in 2008; however, these statistics included cases12 abduction of adoption, for which are not considered “trafficking” by international standards. A process defendants. for While the Burmese regime has in the past been known to conflate irregular migration with trafficking,leading to the punishmentof consensual emigrants and those who assist them to emigrate, the police reported some efforts to exclude smuggling cases from human trafficking figures during the reporting period, and improved their transparency in handling cases. N coupled with a lack transparency of in the justice system make uncertain it whether all trafficking statistics provided by authorities were indeed trafficking for cases.Corruption and lack accountability of remains pervasive in Burma, affecting all aspects society. of Prosecution T enforcement efforts against cross-border sex trafficking during the reporting period. I prosecuting,and convicting some internal trafficking offenders, though there was only reported one criminal prosecution a member of theof Burma A inrole child soldier cases. T incarcerate six individuals who reported forced labor cases involving the regime to the I housands children of are xploiters traffic girls for the onetheless, serious problems remain he regime’s widespread use and of lack of hose living in areas with the highest military s to improve victim identification protectionand ier T 3. O G n some areas, in particular international sex trafficking commercial ventures, as well as forced portering the for military. T presence, including remote border areas populated by ethnic groups, are mostrisk at forced for labor. Military and civilian officials subject men,women, and children to forced labor, and men and boys as young as years11 are old forcibly recruited to serve in the Burmese army and ethnic armed groups through intimidation, coercion, threats, and violence. T forced to serve in Burma’s national army as desertions of men in the army continue. Children the of urban poor are particular at risk involuntary of conscription; UN reports indicate that the army has targeted orphans and children the on streets and in railway stations, and young novice monks from monasteries recruitment. for Children are threatened with jail if they do agree not to join the army, and sometimes physically abused. Children are subjected to forced labor in tea shops, industries, home andagricultural plantations. E purpose prostitution, of particularly in urban areas. I womenof and girls, the Government Burma of is making significant efforts. N in Burma, and in some areas,most notably in the area forcedof labor, the Government Burma of is not making significant efforts to comply with the minimum standards thefor elimination trafficking, of warranting a ranking T of accountability in forced labor and recruitment child of soldiers is particularly worrying and represent the top causal factor Burma’s for significant trafficking problem. Recommendations for Burma: Cease the practice of forced labor Burmese of citizens by civilian and military entities; cease the unlawful conscription children of into the military and ethnic armedgroups; increase efforts to investigate and sanction, including through criminal prosecution, perpetrators internal of traffickingoffenses, including child soldier recruitment and other such crimes by government and military officials; activelyidentify and demobilize all children serving in the armedforces; grant full and unhindered access by UN personnel to inspect recruitment centers, training centers, and military camps in order to identify and support the reintegration and rehabilitation child of soldiers; cease the arrest and imprisonment children of desertion for attempting or to leave the army and release imprisoned former child soldiers; end the involuntary detention adultof victims of trafficking in government shelters; release the six citizens imprisoned their for in role reporting cases forced of labor to international organizations; increase partnerships with N efforts, including victim shelters; develop and implement formal victim identification and referralprocedures; and focus more attention the on internal traffickingwomenof and children commercial for sexual exploitation. Police can be expected to self-limit investigations when which stretched into months if authorities could not find well-connected individuals are involved in forced labor an adult family member to accept the victim. While in cases. Although the government reported four officials government facilities, victims had access to counseling, prosecuted for involvement in human trafficking in 2009, which was often substandard, and had very limited access the government did not release any details of the cases. to social workers. There were no shelter facilities available

BURUNDI Burmese law enforcement reported continued cooperation to male victims of trafficking. NGOs were sometimes with Chinese counterparts on cross-border trafficking allowed access to victims in government shelters, but the cases, including joint operations, as well as general regime continued to bar NGOs from operating shelters cooperation with Thai authorities. for trafficking victims. The regime did not have in place formal victim identification procedures. While the In 2009, the ILO continued to receive and investigate government reported that it encouraged victims to assist forced labor complaints; 93 cases were submitted to the in investigations and prosecutions, it did not appear to Burmese government for action, an increase from 64 provide financial support or other assistance to victims cases in 2008; 54 cases remain open and are awaiting to serve as incentives to participate in the prosecution a response from the government. Despite a report of a of their traffickers. The regime cooperated with the ILO child labor case involving as many as 100 children on on the issue of the military’s conscription of children, an agricultural plantation near Rangoon, the regime resulting in the return of 31 children to their families. did not report any efforts to investigate the allegation. However, numerous children undoubtedly continue Victims of forced labor cases are not protected from countersuit by regime officials. During the reporting to serve in the Burma Army and in ethnic militias. The government has done little to help international period, 17 complainants and their associates in a series organizations assess the scope of the problem. The of forced labor cases involving 328 farmers in Magwe regime did not permit UNICEF access to children who Division were prosecuted and jailed by local authorities were released through the government’s mechanisms for for their role in reporting forced labor perpetrated by local follow-up purposes. Additionally, some child recruits government officials. Burmese courts later released 13 of have been prosecuted and sentenced for deserting the the individuals, but four complainants remain in prison. military and remain in prison. The central government did not intervene with local authorities to stop the politically motivated harassment, Prevention including lengthy interrogations, of the forced labor complainants. Such unaccountable harassment and Burma made limited efforts to prevent international punishment discouraged additional forced labor trafficking in persons over the last year, and made complaints. few discernible efforts to prevent the more prevalent internal trafficking, particularly forced labor and child conscription by regime officials and ethnic armed groups. The government continued awareness campaigns using billboards, flyers, and videos during the reporting period and state-run television aired a documentary on human trafficking produced by the MTV Exit Campaign. The Burmese government reported forming three new anti- trafficking units in 2009, and reported a 40 percent overall increase in spending on prevention efforts. During the reporting period, the government signed Memoranda of Understanding with China and Thailand on trafficking Protection in persons. The regime sustained partnerships with The regime made efforts to protect repatriated victims Mekong region governments and the UN in the of cross-border sex trafficking to China and Thailand, Coordinated Mekong Ministerial Initiative Against though it exhibited no discernible efforts to protect Trafficking, and hosted the (COMMIT) Senior Officials victims of internal trafficking and transnational labor Meeting in January 2010. The government did not make trafficking. In forced labor cases, some victims, notably any discernible efforts to reduce the demand for forced 17 individuals in Magwe Division, were harassed, labor inside Burma during the reporting period. detained, or otherwise penalized for making accusations against officials who pressed them into forced labor. The government reported identifying 302 victims, most BURUNDI (Tier 2) of whom were victims of forced marriage rather than explicitly trafficking victims, and reported assisting an Burundi is a source country for children and possibly additional 425 victims identified and repatriated by women subjected to trafficking in persons, specifically foreign governments in 2009, including 293 from China conditions of involuntary domestic servitude and forced and 132 from Thailand. The regime did not identify prostitution. Children and young adults may also be any male trafficking victims. Victims were sheltered coerced into forced labor on plantations or small farms and detained in non-specialized Department of Social in southern Burundi or to conduct informal commerce Welfare facilities for a mandatory minimum of two weeks, in the streets. Some traffickers are the victims’ family

98 BURUNDI 99 he he kurunziza utana Province hese penalties are n January police 2010, rticle the 2 of labor law. ndustrial Quarter of anzania forced for labor s a result this of mandate, police ex traffickingoffenses can also n some instances, the police, especially pon her arrest, police located the child’s ugust 2009, police arrested a Burundian he government did not provide trafficking- n A hroughout 2009, the and Women Children’s s, religious organizations, and or women’s O G rticles and 242 Burundi’s of 243 criminal code prohibit in tobaccofields; the suspect’sprovisional release was revoked after anappeal from the prosecutor’s office and he remains in pre-trial detention in R prison. T Brigade, a specialized police unit, successfully identified andrescued child 17 of victims 10 exploited by an international prostitution ring and returned them to their families; the alleged traffickers have not been arrested due to a lack concrete of evidence. I charged three men and their landlord with corruption minorsof and incitement to debauchery after the former were found pimping underage girls from a rental house; the prosecution remained in the pre-trial stage the at end theof reporting period. During a December 2009 meeting with high-ranking police officials, President N instructed the police force to increase efforts to fight human trafficking. A initiated a crackdown clandestine on brothels that housed potential trafficking victims in January shutting2010, down three small hotels in the I Bujumbura. T specific training for law enforcementofficials. man kidnapping for six boys between the ages and 12 of and13 transporting them to T be punished using penal code statutes brothel- on keepingand pimping (penaltiesone to of five years’ imprisonment), as well as child prostitution (penalties 10 years’ fiveof to imprisonment). T sufficiently stringent and commensurate with those prescribed other for serious offenses, such as rape. T criminal code prescribes no explicit penalties forced for labor, though is it prohibited by A A Bujumbura court finedwoman a $42 for abusing her 12-year domestic old servant by burning her with melted plastic bags. U aunt, who returned the child to her parents in Bururi province. I unwillingness victims of to lodge complaints, and the failure prosecutors of to vigorously pursue cases after receiving evidence from police and suspected victims. A human trafficking and smuggling prescribeand sentences fiveof 20 years’to imprisonment; the code does not, however, provide a definitionhumanof trafficking, limiting its utility. S Protection Despite its notable efforts to return trafficked children to their families, the government did not adequately ensure that trafficking victims received access to necessary protective services during the reporting period. T few care centers that exist in Burundi are operated by N children’s associations. Police provided limited shelter and food assistance to victims in temporary custody while authorities attempted to locate their families; these children were housed in a holding area separate from adult detainees. I members the of and Women Children’s Brigade, provided n he nited ganda, and nforce the trafficking man and the U nlike in past years, there were wanda, Kenya, and U his progress continued, however, anzania. U mirates exploit Burundian girls in prostitution. s or internationals or organizations; provide training O G rab E he government’s anti-trafficking law enforcement efforts he Government Burundi of does not fully comply with ignificantwork remains,however, in educating the T increased during the reporting period, particularly its efforts to detect and investigate suspected human traffickingoffenses. T Prosecution to be hampered by lack investigative of equipment and training, poorevidence gathering by police, the A Business people recruit Burundian girls commercial for sexual exploitation in R members friends or who, under the pretext assisting of underprivilegedchildren with education with or false promises lucrative of jobs, subject them to forced labor, most commonly as domestic servants. While there is little evidence large-scale of child prostitution, “benevolent” older females offer vulnerable younger girls room and board within their homes, and in some cases eventually push them into prostitution topay living for expenses; extended family members also financiallyprofit from the commercial sexual exploitation young of relatives residing with them. Maletourists from O recruit boys and girls exploitation for in various types of forced labor in T no reports forced of voluntary or recruitment children of into government armed forces rebel or groups during the reporting period. T the minimum standards the for elimination trafficking; of however, is it making significant efforts to do T so. government made clear progress in combating trafficking during the reporting period, particularly with regard to identifying trafficking victims, investigating potential traffickingoffenses, and raising public awareness. I 2009, a Bujumbura court heard a case involving child domestic servitude, the first knownprosecution of a case involving elements a human of traffickingoffense. S government officials localand populations about the nature human of trafficking,bringing cases to trial, and providing protective services to victims. Recommendations for Burundi: E provisions in the 2009 criminal code amendments through increased prosecutions trafficking of offenders; consider an amendment to provide a legal definition humanof trafficking in the criminal code; launch a nationwide anti-trafficking public awareness campaign; establish policies and procedures government for officials proactivelyto identify and interview potential trafficking victims and transfer them to the care, when appropriate, local of organizations; establish mechanisms providingfor increased protective services to victims, possibly through the forging partnerships of with N on humanon trafficking to police and border guards; and consider the feasibility enacting of a comprehensive law against human trafficking that includes specific definitionsof what constitutes the crime. counseling to children in prostitution and mediated the Commander of the Women and Children’s Brigade between these victims and their parents. In January 2010, began a tour of the country to sensitize local government police rescued three child sex trafficking victims from a officials and inform local populations on the danger brothel in Bujumbura, documented their testimonies, of human trafficking. In 2009, the Ministry of Labor and returned them to their families. In 2009, government sponsored eight workshops for teachers, magistrates, officials identified 18 trafficking victims, 10 of whom communal administrators, and agricultural workers

CAMBODIA were victims of forced prostitution and eight of whom to raise awareness of the dangers of child labor and were victims of forced labor. In January 2010, Burundi’s trafficking. In partnerships with the ILO and UNICEF, Interpol office assisted the government in repatriating a it also conducted a sensitization campaign in several 15-year old Burundian boy from Rwanda where he was provinces to warn against child trafficking for forced forced to work as a domestic servant. In cooperation labor and abusing former child soldiers, centered around with Tanzanian police, the government repatriated six the World Day against Child Labor in June. The Ministry Burundian child trafficking victims from Tanzania in July of Labor’s 12 inspectors conducted no child labor 2009. Between April and June, the National Commission inspections in 2009. The government did not undertake for Disarmament, Demobilization, and Reintegration efforts to reduce demand for commercial sex acts during oversaw the demobilization and short-term care of the the reporting period. The pre-deployment anti-trafficking final 380 child soldiers from the Forces Nationale de training for Burundian peacekeepers, provided by a Libération (FNL) rebel group and from among alleged foreign government, included a curriculum that created FNL dissidents in the Randa and Buramata sites. With awareness and discouraged acts of trafficking and sexual outside funding, the Commission’s staff provided medical exploitation. Burundi is not a party to the 2000 UN TIP screening, psychosocial counseling, and sensitization on Protocol. peaceful cohabitation, while conducting family tracing; the children were reunited with their families in July 2009. CAMBODIA (Tier 2) Cambodia is a source, transit, and destination country for men, women, and children who are subjected to trafficking in persons, specifically forced labor and forced prostitution. Cambodian men, women, and children migrate to Thailand, Malaysia, and other countries for work and many are subsequently forced into commercial sexual exploitation or forced to labor in the Thai fishing and seafood processing industry, on agricultural plantations, in factories, in domestic work, or for begging and street selling. Debt bondage is In October 2009, the government established a Municipal sometimes a factor that contributes to the vulnerability Council for Children and Youth (CMEJ) to assist at- of Cambodians to trafficking. Some Cambodian men risk youth and develop a transit center for victims of report being deceived by Thai fishing boat owners about human trafficking, demobilized child soldiers, and the expected length of service and the amount and street children. The CMEJ began drafting an action plan circumstances of their payment; some remain at sea for in March 2010 and sought the necessary international up to several years, and report witnessing severe abuses funding to become fully operational. The government by Thai captains, including deaths at sea. The number of has not developed a system for proactively identifying workers who went to Malaysia for employment through trafficking victims among vulnerable populations or Cambodian recruiting companies tripled in 2009, and a referral process to transfer such trafficking victims many of these were believed to be under the age of 18. to organizations providing services. While police Recruiting agencies often charge $500-$700 in fees, which interviewed child victims during the investigations of includes fees for several months of required pre-departure their abusers, the prosecutor’s office did not pursue the training provided by the recruiting agencies. Recruits possibility of child victims participation in prosecutions are sometimes detained in training centers during the of trafficking offenders. The government did not pre-departure training period, and the fees make workers inappropriately incarcerate or otherwise penalize more vulnerable to debt bondage. Some workers are victims for unlawful acts committed as a direct result of reportedly subjected to confinement and conditions of being trafficked. Burundian law did not provide foreign involuntary servitude in Malaysia, Saudi Arabia, and trafficking victims with legal alternatives to their removal other destination countries, and some returning workers to a country where they may face hardship or retribution. reported being paid only at the end of their contract, at which time they were also informed that a substantial Prevention part of their pay was deducted. Cambodian children are The government made clear progress in its efforts to also trafficked to Thailand and Vietnam to beg, sell candy prevent trafficking during the year. In February 2010, and flowers, and shine shoes. Parents sometimes sell

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