COUNTRY NARRATIVES 52 AFGHANISTAN AFGHANISTAN (Tier 2) Prosecution The Government of Afghanistan did not provide Afghanistan is a source, transit, and destination sufficient evidence of efforts to punish traffick- country for men, women, and children trafficked for ing over the reporting period. Afghanistan does the purposes of commercial sexual exploitation and not prohibit all forms of trafficking, but relies forced labor. Afghan children are trafficked within the on kidnapping and other statutes to charge country for commercial sexual exploitation, forced some trafficking offenses. These statutes do not marriage to settle debts or disputes, forced begging, specify prescribed penalties, so it is unclear whether debt bondage, service as child soldiers, and other penalties are sufficiently stringent and commen- forms of forced labor. Afghan women and girls are surate with those for other grave crimes, such as also trafficked internally and to Pakistan, Iran, Saudi rape. Despite the availability of some statutes, Arabia, Oman, and elsewhere in the Gulf for commer- Afghanistan did not provide adequate evidence of cial sexual exploitation. Afghan men are trafficked to arresting, prosecuting, or convicting traffickers. The Iran for forced labor. Afghanistan is also a destination government reported data indicating traffickers had for women and girls from China, Iran, and Tajikistan been prosecuted and convicted, but was unable to trafficked for commercial sexual exploitation. Tajik provide disaggregated data. There was no evidence women and children are also believed to be traf- that the government made any efforts to investigate, ficked through Afghanistan to Pakistan and Iran for arrest, or prosecute government officials facilitating commercial sexual exploitation. trafficking offenses despite reports of widespread complicity among border and highway police. The Government of Afghanistan does not fully comply with the minimum standards for the elimi- Protection nation of trafficking; however, it is making significant The Government of Afghanistan made inadequate efforts to do so. Anti-trafficking offices are now efforts to protect victims of trafficking. Afghanistan established within the Attorney General’s office in lacks resources to provide victims with compre- all provinces. In addition, Afghan law enforcement hensive rehabilitation care; NGOs provided the officials received training in anti-trafficking investi- bulk of assistance to victims. Law enforcement gations. The government also worked with IOM to authorities do not employ formal procedures to implement a public awareness program to address identify victims of trafficking and refer them to trafficking of women and girls in the most vulnera- protection services provided by NGOs. At the same ble provinces. The Government of Afghanistan works time, serious concerns regarding the government’s with non-governmental organizations by providing punishment of victims of trafficking for acts in-kind contributions such as land for shelters. committed as a result of being trafficked remain. Some victims of trafficking continue to be arrested Nonetheless, despite a significant problem, the or otherwise punished for prostitution and government did not provide sufficient evidence that morality crimes, which under the law could incur it adequately punishes acts of trafficking. In addi- possible penalties of life imprisonment or death. tion, Afghanistan punishes some victims of sex traf- The government does not encourage victims to ficking with imprisonment for adultery or prostitu- assist in investigations of their traffickers, nor does tion, acts committed as a result of being trafficked. it provide foreign victims with legal alternatives Although the government lacks resources to provide comprehensive victim protection services, it fails to ensure that victims receive access to care available from NGOs. Recommendations for Afghanistan: Increase law enforcement activities against trafficking, including prosecutions, convictions, and imprisonment for acts of trafficking for commercial sexual exploi- tation and forced labor; ensure that victims of trafficking are not punished for acts committed as to removal to countries in which they may face a result of being trafficked, such as prostitution or hardship or retribution. Four women’s shelters adultery violations; institute a formal procedure nationwide provide protection to female victims to identify victims of trafficking and refer them to of abuse, including victims of trafficking, but they available protection services; to the extent possible, have limited capacity and lack adequate fund- provide in-kind assistance to NGOs offering protec- ing; the government did not report referring or tion services to victims of trafficking; and undertake assisting any victims of trafficking in these centers initiatives to prevent trafficking, such as instituting during the reporting period. Child trafficking a public awareness campaign to warn at-risk popu- victims are sometimes placed in orphanages until lations of the dangers of trafficking. reunited with their parents. 53 Prevention Prosecution During the reporting period, Afghanistan made no The Government of Albania did not provide reported efforts to prevent trafficking in persons. convincing evidence of progress in law enforce- The government did not institute a public aware- ment efforts to combat human trafficking during ness campaign to warn at-risk populations of the 2007. Albania criminally prohibits sex and labor ALBANIA dangers of trafficking or potential traffickers of trafficking through its penal code, which prescribes the consequences of trafficking. The government penalties of five to 15 years’ imprisonment. These also did not take steps to reduce the demand for penalties are sufficiently stringent and exceed those commercial sex acts. Afghanistan has not ratified prescribed for rape. In 2007, Albania prosecuted the 2000 UN TIP Protocol. 49 alleged traffickers and convicted seven human trafficking offenders. Seven of the prosecutions ALBANIA (Tier 2 Watch List) were for child labor trafficking. The sentences for convicted traffickers were appropriately severe, rang- ing from five years’ imprisonment with fines to 16 Albania is a source country for women and girls years’ imprisonment with fines. It is unknown if the trafficked for the purpose of commercial sexual government prosecuted and convicted additional exploitation and forced labor; it is no longer traffickers under other statutes because the govern- considered a major country of transit. Albanian ment does not separate crime statistics by traffick- victims are trafficked to Greece, Italy, Macedonia, ing offences. During the reporting period, regional and Kosovo, with many trafficked onward to anti-trafficking police units remained poorly trained Western European countries such as the United and ill-equipped to effectively address human traf- Kingdom, France, Belgium, Norway, Germany, and ficking due to inadequate resources, the influence the Netherlands. Children were also trafficked to of corruption, and high turnover of police recruits. Greece for begging and other forms of child labor. The government discontinued anti-trafficking Approximately half of all Albanian trafficking training for new and continuing police officers, victims are under age 18. Internal sex trafficking of although training for judges and magistrates contin- women and children is on the rise. ued. Between June and July 2007, the government fired approximately 20 percent of its specialized The Government of Albania does not fully comply and highly trained anti-trafficking police officers with the minimum standards for the elimination of as part of an overall police restructuring effort. In trafficking; however, it is making significant efforts three separate cases, the Ministry of Interior arrested to do so. The Government of Albania is placed on 12 police officers accused of human trafficking in Tier 2 Watch List for its failure to provide evidence 2007, including six officers with direct responsibil- of increasing efforts to combat trafficking in persons ity for anti-trafficking at the border. Prosecutions over the past year, particularly in the area of victim of these cases and several other cases from the last protection. The government did not appropriately reporting period remain ongoing. identify trafficking victims during 2007. It also has not demonstrated that it is vigorously investigating Protection or prosecuting complicit officials. The Government of Albania failed to consistently sustain efforts to identify, refer, protect, and rein- tegrate victims of trafficking during 2007. The government’s ability to fund protection and assis- tance services was limited; however, it operated one victim care shelter in Tirana. The government provided sporadic in-kind assistance to four addi- tional NGO-managed shelters, such as the use of government buildings and land. In July 2007, all five shelters signed a memorandum of understand- ing to strengthen cooperation and coordination Recommendation for Albania: Vigorously investi- among the shelters. In a change during this reporting gate and prosecute human trafficking offenses as well period, there was an overall decline in the number as law enforcement officials’ complicity in traffick- of victims identified due to inappropriate applica- ing, and convict and sentence persons responsible tion of the national referral mechanism for several for such acts; enhance training of law enforcement