2001 Trafficking in Persons Report
2001 Trafficking in Persons Report
2001 Trafficking in Persons Report
TRAFFICKING AND
VIOLENCE PROTECTION
ACT OF 2000
TRAFFICKING IN
PERSONS REPORT
JULY 2001
TABLE OF CONTENTS
I. INTRODUCTION .................................................................... 1
A Growing Phenomenon
1
escaping a poverty situation, and move to a place where there will
be a better life and more opportunities. The fear of HIV/AIDS also
influences traffickers, as children become more attractive to them
and to their customers due to the belief that the children are free
from the disease.
2
problem--a reminder that the world has a long way to go to stop
this horrific practice. Governments need strong individual and
collective action to combat this phenomenon and to bring those
responsible to justice. The immensity of the problem simply
overwhelms the capabilities of some countries, and, without
collective action by other origin, transit and destination
countries, the best intentions of a country may not suffice to meet
the minimum standards.
U.S. Commitment
3
The Report
Methodology
4
It is our hope that this report will focus new attention on this
problem everywhere so countries around the world develop mechanisms
to detect and stop trafficking efforts. The Department and our
embassies around the world will continue to monitor trafficking and
host governments’ efforts to combat it in all countries including
those not in this report, and will continue to seek new channels of
information. Accordingly, such countries may appear in future
annual reports, and countries now appearing may be dropped from the
report.
Minimum Standards
5
The Act also sets out seven criteria that “should be considered” as
indicia of the fourth point above, “serious and sustained efforts
to eliminate trafficking:”
6
Tiers
The Act states that those countries should be placed in tier 2 that
do not yet fully comply with the Act’s minimum standards but are
making significant efforts to bring themselves into compliance with
those standards. Some are strong in the prosecution of
traffickers, but provide little or no assistance to victims.
Others work to assist victims and punish traffickers, but have not
yet taken any significant steps to prevent trafficking. Some
governments are only beginning to address trafficking, but
nonetheless have already taken significant steps.
1
Under section 4(b) of the Taiwan Relations Act, “[w]henever the laws of the United States refer or relate to foreign
countries, nations, states, governments, or similar entities, such terms shall include and such laws shall apply with respect
to Taiwan.”
7
According to the Act, beginning with the 2003 report, countries on
the Tier 3 list will be subject to certain sanctions, principally
termination of non-humanitarian, non-trade-related assistance.
Such countries would also face U.S. opposition to assistance
(except for humanitarian, trade-related, and certain development-
related assistance) from international financial institutions,
specifically the International Monetary Fund and multilateral
development banks such as the World Bank. Certain of the sanctions
may be waived under certain circumstances, including upon a
national interest determination by the President.
Conclusion
8
victims. We must continue to develop our prevention, protection,
and prosecution programs and policies to ensure that this modern-
day form of slavery does not continue long into the twenty-first
century. In listing countries in this initial Report it is not our
intention to criticize or penalize countries’ efforts to combat
this scourge. Rather we hope that by highlighting the problem, the
need for domestic recognition and action, and the high degree of
international attention being given to developing new mechanisms
for cooperation, so that reports in the near future will
demonstrate improvements in efforts to combat trafficking in
persons.
9
10
TRAFFICKING IN PERSONS LIST
11
TIER 1 TIER 2 TIER 3
12
COUNTRY NARRATIVES
TIER ONE
13
14
AUSTRIA (Tier 1)
15
BELGIUM (Tier 1)
16
CANADA (Tier 1)
17
COLOMBIA (Tier 1)
18
GERMANY (Tier 1)
19
HONG KONG (Tier 1)
20
ITALY (Tier 1)
21
THE NETHERLANDS (Tier 1)
22
SPAIN (Tier 1)
23
SWITZERLAND (Tier 1)
24
TAIWAN (Tier 1)
25
UNITED KINGDOM (Tier 1)
26
COUNTRY NARRATIVES
TIER TWO
27
28
ANGOLA (Tier 2)
The Government of Angola does not yet fully meet the minimum
standards; however, the Government is making significant efforts to
combat trafficking despite limited resources and a continued
military campaign against insurgents. The on-going civil war,
which has displaced nearly a quarter of the population, has left
the Government unable to exercise complete control over a large
portion of the country, and government efforts to combat
trafficking focus on aid and assistance to victims. The Ministry
of Social Reinsertion (MINARS) works with UNICEF and NGO’s to
provide treatment and housing for freed children. For example, in
March 2000, MINARS worked with several NGO’s and UNICEF to trace
and reunite 42 separated children with their families. The
Government established a program for resettlement and reintegration
of rebels who put down their arms. A military liaison in each
province/military district is responsible for coordinating with
NGO’s, including groups that assist refugees and trafficking
victims. The 1991 Constitution prohibits human bondage; however,
no legislation exists to enforce this prohibition. There is
neither a senior official nor intra-governmental mechanism to
coordinate anti-trafficking measures, and the Government has not
conducted a prevention campaign.
29
BANGLADESH (Tier 2)
The Government of Bangladesh does not yet fully meet the minimum
standards; however, the Government is making significant efforts to
combat trafficking despite severe resource constraints and
corruption. The Government has recognized that trafficking in
persons is a national problem, has enacted anti-trafficking
legislation, and has endeavored to arrest and prosecute
traffickers. The law prohibits trafficking, and penalties for
trafficking are commensurate with those for rape. Arrests are
publicized in the press, and there were three convictions of
traffickers in 2000. There is no evidence of government complicity
with traffickers, but rampant corruption among police, border, and
immigration officials severely undermines law enforcement efforts.
The Government is working to address police corruption and abuses
by offering human rights training to senior officers, particularly
to the chiefs of the various police training centers. This
training includes the issue of trafficking in persons. The
treatment of victims is generally humane; trafficked persons are
not detained, jailed, deported, or prosecuted for violations of
immigration or prostitution laws. However, in an effort to combat
trafficking, in 1998 the Government placed restrictions on
Bangladeshi women traveling abroad to work as domestic servants for
non-Bangladeshi employers. Bangladeshi women are permitted to
travel abroad for other types of employment, or to work as domestic
servants for Bangladeshi expatriates. Active local NGO’s, largely
funded by foreign donors, combat trafficking through awareness
campaigns and provide shelters for some victims. The Government is
cooperative with and supportive of the efforts of NGO’s and civil
society organizations, but resource constraints, lack of
interagency coordination, backlogged courts, corruption, and poor
training pose obstacles to effective efforts to protect victims and
prosecute traffickers.
30
BENIN (Tier 2)
The Government of Benin does not yet fully meet the minimum
standards; however, the Government is making significant efforts to
combat trafficking. The Government is severely limited by a lack
of resources but does recognize that trafficking is a problem.
There is no law specifically prohibiting trafficking; however, the
Government can prosecute traffickers under other statutes. To
prevent trafficking, the Government is working with international
organizations to increase literacy rates, diversify the economy,
and improve health care. In July 2000, the Government created
interministerial bodies under the direction of the Ministry of
Justice to coordinate governmental efforts to protect the rights of
children. The Government is participating in a two-part ILO
trafficking project with eight other countries (Burkina Faso,
Cameroon, Cote D'Ivoire, Ghana, Nigeria, Senegal, and Togo). Benin
also has bilateral agreements with Togo, Gabon, and Nigeria, which
focus on border control and repatriation of trafficking victims.
Despite bilateral agreements, porous borders and widespread poverty
in the rural areas, from which Beninese child trafficking victims
originate, hamper enforcement efforts.
31
BRAZIL (Tier 2)
The Government of Brazil does not yet fully meet the minimum
standards; however, it is making significant efforts to combat
trafficking despite resource constraints and a lack of coordination
between the federal and state levels. On the local level,
corruption has in some cases hampered enforcement efforts. The
Criminal Code prohibits some, but not all, severe forms of
trafficking in persons. The penalties for trafficking are roughly
commensurate with the penalty for rape or sexual assault. The
Government actively investigates and prosecutes cases of
trafficking. Between 1996 and 2000, courts convicted 94
individuals or groups of trafficking. As of early 2001,
approximately 85 trafficking cases were under investigation. While
victims of trafficking are not treated as criminals, access to
shelter and to legal, medical and psychological services may as a
practical matter be very limited due to a lack of government
resources. The Government supports various programs to combat
trafficking, including public information campaigns and an inter-
ministerial campaign against the sexual exploitation of minors, and
it works closely with a number of NGO’s on issues of trafficking
and forced labor. In November 2000, Brazil hosted the first
international conference of the United Nations Office for Drug
Control and Crime Prevention on trafficking in human beings.
32
BULGARIA (Tier 2)
The Government of Bulgaria does not yet fully meet the minimum
standards; however, the Government is making significant efforts to
combat trafficking despite a lack of resources and low-level
corruption. The Government does not have specific trafficking laws
but can use other provisions to prosecute trafficking. Penalties
are commensurate with those for rape. The Government does
investigate trafficking, encourages victims to testify, and has two
police units dedicated to the problem. Statistics on prosecutions
are unavailable, but it appears that few, if any, traffickers have
been prosecuted yet. No government programs exist for prevention
or protection of victims; however, the Government provides in-kind
assistance to NGO’s, and refers victims to NGO's for repatriation.
NGO's have noted that Bulgaria’s Embassy in the major trafficking
destination of Warsaw assists trafficking victims and collaborates
closely with NGO's on the issue. The Government cooperates with
other governments to combat trafficking through bilateral
agreements and information sharing.
33
BURKINA FASO (Tier 2)
The Government of Burkina Faso does not yet fully meet the minimum
standards; however, the Government is making significant efforts to
combat trafficking despite severe resource constraints. There is
no law that specifically criminalizes the act of trafficking, but a
range of other relevant laws may be used to prosecute traffickers.
The Constitution specifically prohibits slavery, inhumane
treatment, torture, and mistreatment of children and adults. The
Penal Code prohibits kidnapping, violence, and mistreatment of
children. The Government prosecutes rape, kidnapping, and
pandering cases, and the penalties are generally commensurate with
those for rape. The Government has established two centers to help
with the social reintegration of at-risk children. The Ministry of
Social Affairs has on occasion provided short-term assistance to
repatriated minors. In addition, the Government works with local
and international NGO’s. The Government, in cooperation with the
ILO, formulated a National Action Plan Against Child Labor that
incorporates efforts to sensitize the population to the problem of
child labor, including trafficking.
34
CAMBODIA (Tier 2)
The Royal Cambodian Government (RCG) does not yet fully meet the
minimum standards; however, the Government is making significant
efforts to combat trafficking, despite limited resources. It
acknowledges the seriousness of the trafficking problem and has
passed a trafficking in persons statute, which has a penalty
stiffer than those for rape and sexual assault. However,
implementing legislation has not been passed, and lack of
prosecutorial resources prevents enforcement. Severe resource
limitations hamper all aspects of civil governance. The Government
has developed a 5-year plan to stop child sexual exploitation
through information campaigns and law enforcement, and the Prime
Minister’s office also is engaged in the issue. The Government is
working with NGO’s and donor countries to carry out elements of
this plan. With NGO funding, some centers help returning and freed
victims with reintegration. However, civil society groups, NGO’s,
international organizations, and donor countries find that all
efforts to combat trafficking are seriously undermined by a
combination of weak institutions and pervasive corruption. The
Government cooperates with the governments of Thailand, the United
States, and Australia on trafficking cases.
35
CAMEROON (Tier 2)
The Government of Cameroon does not yet fully meet the minimum
standards; however, the Government is making significant efforts to
combat trafficking despite severe resource constraints. The Penal
Code prohibits trafficking in persons and slavery; however,
enforcement is constrained by the Government’s limited resources.
The penalties exceed those for forced sexual assault. The
Government is participating in a two-part ILO trafficking project
with eight other countries (Benin, Burkina Faso, Cote D'Ivoire,
Ghana, Mali, Nigeria, Senegal, and Togo). The Government
established an interagency committee to combat trafficking and has
developed a program to find and return trafficked children. The
Ministry of Social Affairs is able to provide rehabilitative
assistance to some child victims of trafficking and forced labor,
but the facilities are overcrowded and poorly financed. The
Government does not have resources to fund NGO's and relies on
foreign assistance. The Government works with local and
international NGO's that provide temporary shelter and assistance
to victims of trafficking.
36
PEOPLE’S REPUBLIC OF CHINA (Tier 2)
The Government does not yet fully meet the minimum standards;
however, it is making significant efforts to combat trafficking,
and has undertaken extensive anti-trafficking efforts. The law
prohibits trafficking in women. Sentences for trafficking three or
more persons are as severe as those for rape. The Government has
signed some international protocols related to trafficking but has
not yet implemented them. Officials have investigated and
prosecuted many acts of severe forms of trafficking in persons
taking place wholly or partly in the country. Many domestic
victims of severe forms of trafficking in persons are given
assistance and returned to their homes. The central Government has
provided funds to provincial and local police to house victims and
return them to their homes. Government-funded women’s federation
offices have provided counseling on legal rights for some victims,
including the options for legal action against the traffickers.
There have been unconfirmed reports of complicity by some local
officials in trafficking and there also have been credible reports
of involvement by some local officials in the related problems of
alien smuggling and prostitution; the Government strongly condemned
and severely punished such behavior. The Government has conducted
public education campaigns against trafficking as a preventive
measure. Government authorities have engaged in cooperative
activities with foreign governments in combating trafficking in
persons and the related problem of alien smuggling, particularly
with bordering countries.
37
COSTA RICA (Tier 2)
The Government of Costa Rica does not yet fully meet the minimum
standards; however, the Government is making significant efforts to
combat trafficking despite resource constraints. The criminal code
prohibits trafficking in women and minors for the purpose of
prostitution, but it does not address all severe forms of
trafficking. There is a government Inter-Ministerial Group on
Trafficking to address the problem in the country. Each
participating ministry has reportedly incorporated preventative
trafficking measures into their ministerial agendas. The
Government supports prevention programs to combat sexual
exploitation of minors and trafficking. There are limited formal
mechanisms specifically designed to aid trafficked victims;
however, the Government does offer indirect assistance to child
victims of trafficking. Victims are not granted temporary or
permanent residence status, and often are deported immediately to
their country of origin.
38
COTE D’IVOIRE (Tier 2)
The Government of Cote D’Ivoire does not yet fully comply with the
minimum standards; however, the Government is making significant
efforts to combat trafficking in persons. The Government is
severely limited by a lack of resources in addressing its
trafficking problem, including the monitoring of its borders.
There is no law specifically prohibiting trafficking in persons;
however, the Government can prosecute traffickers under both the
Penal Code and Labor Code. Since 1999 the Government has
prosecuted at least 22 traffickers and has repatriated
approximately 3,000 foreign trafficked children. Victims are not
detained, jailed, or deported; foreign embassies are responsible
for repatriating them. The Government cooperates with neighboring
countries, international organizations, and NGO’s to combat
trafficking. The Government is also participating in a two-part
ILO trafficking project with eight other countries (Benin, Burkina
Faso, Cameroon, Cote D’Ivoire, Ghana, Mali, Nigeria, Senegal, and
Togo). In January 2001, the Government completed and validated the
National Emergency Action Plan for the Fight Against Cross-Border
Trafficking in Children for January-June 2001.
39
CZECH REPUBLIC (Tier 2)
The Government of the Czech Republic does not yet fully meet the
minimum standards; however, the Government is making significant
efforts to combat trafficking despite resource constraints.
According to unconfirmed NGO reports, local border officials are
sometimes complicit in trafficking. The Criminal Code prohibits
trafficking in women and children for the purpose of sexual
exploitation. There also are other relevant statutes that can be
used to prosecute traffickers. The penalties for trafficking are
roughly commensurate with those for rape or sexual assault. The
Government investigates and prosecutes cases of trafficking in
persons, although the conviction rates are low. For example, in
1999 a total of 66 persons were charged with trafficking in women
for sexual exploitation purposes. Of those, 27 persons were tried,
and 8 were sentenced to 1 to 5 years in prison. The Government
cosponsored a national media and educational campaign in 2000 in
order to warn women of the dangers of trafficking, and created a
program to be used in schools. The Government does not provide
direct assistance to victims, but does refer them to NGO’s that
provide assistance. Some of these NGO’s receive government
funding. Foreign victims are treated as illegal immigrants and
either are detained or asked to leave the country within 30 days;
however, foreign victims may be offered temporary residence if they
agree to testify against a trafficker. Czech citizens who are
trafficked to other countries often cannot receive government
assistance upon their return because their identity documents have
been stolen or taken by traffickers.
40
DOMINICAN REPUBLIC (Tier 2)
The Government of the Dominican Republic does not yet fully meet
the minimum standards; however, the Government is making
significant efforts to combat trafficking on several fronts. The
Criminal Code prohibits trafficking in persons for the purpose of
prostitution, but it does not include other severe forms of
trafficking. There is also a migrant smuggling law that can be
used to prosecute traffickers. The penalties for trafficking in
persons are not commensurate with those penalties for rape, sexual
assault, or severe forms of domestic violence. The Government has
successfully prosecuted several individuals engaged in trafficking
in persons, and sentenced them to prison terms from 3 to 5 years.
The Government takes action against government officials who
facilitate trafficking. For example, from January to August 2000,
the authorities dismissed 42 immigration employees for connections
with groups that smuggle or traffic persons. The Government is
attempting, through a new social plan, to alleviate some of the
extreme poverty that drives Dominican women to migrate in search of
employment. There are no governmental services for victims nor
does the Government fund local NGO’s providing services to victims.
41
EL SALVADOR (Tier 2)
The Government of El Salvador does not yet fully meet the minimum
standards; however, the Government is making significant efforts
despite resource constraints. The Criminal Code specifically
prohibits trafficking in persons. The penalty for trafficking is
comparable to the penalties for rape and forcible sexual assault.
The Government has not prosecuted cases against traffickers, in
part because the law is new, and also due to a lack of resources.
However, the Government has created special units to investigate
and prosecute cases of violence against women and children,
including trafficking. The Government deports non-Salvadoran
victims of trafficking; however, victims can obtain temporary
residency or refugee status if they are likely to face political
persecution in the country of origin. Victims of trafficking are
not treated as criminals. The Government does not provide
assistance to its repatriated citizens who are victims of
trafficking, nor does it support the NGO’s that assist them. The
Government maintains a good working relationship with NGO’s.
42
ETHIOPIA (Tier 2)
The Government of Ethiopia does not yet fully meet the minimum
standards; however, the Government is making significant efforts to
combat trafficking despite severe resource constraints. The Penal
Code has sections that criminalize trafficking, enslavement, and
abusing the human rights and integrity of an Ethiopian sent abroad.
The penalties for trafficking are roughly commensurate with those
for rape or sexual assault. The Government does not have the
resources to actively investigate and prosecute traffickers and
there have been no reported prosecutions of traffickers. The
Federal Police’s Women’s Affairs Bureau in collaboration with the
media created a continuous public awareness program on the dangers
of migrating to Middle Eastern countries. In March 2000, the
Ministry of Foreign Affairs opened a consulate in Beirut to assist
women in abusive employment situations. The Government is unable
to provide direct assistance to victims, and there is only one
Ethiopian NGO that could provide such assistance.
43
FRANCE (Tier 2)
The Government does not yet fully meet the minimum standards;
however, the Government is making significant efforts to combat the
problem. There is no specific law against trafficking, but a range
of other laws is used to prosecute traffickers. The Government
actively investigates and prosecutes traffickers. The courts have
convicted several people of enslaving their domestic servants. One
case resulted in a year’s imprisonment, a fine of approximately
$5,000, and payment of damages to victim of approximately $30,000.
The Central Office for the Repression of Trafficking in Humans,
created in 1958, centralizes information and coordinates operations
to combat trafficking. The Government has no articulated
protection programs in place for trafficking victims. Those
victims located or arrested by the authorities normally are
processed as illegal immigrants and may be detained or jailed.
Trafficking victims may be granted temporary residency while they
apply for asylum. Victims are encouraged to file legal action
against traffickers. The Government works closely with other
countries and NGO’s to combat trafficking. The Government supports
anti-trafficking prevention programs, as part of the European
Union, including information and media campaigns, seminars, and a
trafficking project in West Africa.
44
GEORGIA (Tier 2)
45
GHANA (Tier 2)
The Government of Ghana does not yet fully meet the minimum
standards; however, the Government is making significant efforts to
combat trafficking despite resource constraints. There is no law
specifically prohibiting trafficking in persons; however, the
Government can prosecute traffickers under laws against slavery,
prostitution, and underage labor. The Government does not actively
investigate or prosecute traffickers and has difficulties
adequately monitoring its borders. Trokosi is illegal in Ghana,
but no actions have been undertaken to eliminate Trokosi shrines or
prosecute either the fetish priests or parents who have given away
their daughters. The Government supports programs to prevent
trafficking, including poverty alleviation and access to education.
The Government is participating in a two-part ILO trafficking
project with eight other countries (Benin, Burkina Faso, Cameroon,
Cote D'Ivoire, Mali, Nigeria, Senegal, and Togo). The Government
works to repatriate trafficked children and reunite them with their
parents. Assistance to victims is provided by NGO's.
46
GUATEMALA (Tier 2)
The Government of Guatemala does not yet fully meet the minimum
standards; however, the Government is making significant efforts to
combat trafficking despite resource constraints and endemic
corruption. The law specifically prohibits trafficking and
smuggling of persons. The Government investigates trafficking
cases; however, there have been no prosecutions of trafficking
cases as victims often fail to press charges due to a cumbersome
judicial system. The penalty for trafficking is not commensurate
with the penalty for rape, and prison sentences for traffickers are
commutable. The Government does not assist or protect victims of
trafficking, although victims are not treated as criminals. The
Government has conducted anti-trafficking and anti-smuggling public
awareness campaigns, and it provides limited funding to NGO’s
dedicated to preventing trafficking.
47
HAITI (Tier 2)
The Government of Haiti does not yet fully meet the minimum
standards; however, the Government has acknowledged its internal
trafficking problem and is making significant efforts to address it
despite severe resource constraints. There is no evidence that the
authorities are complicit in trafficking. There is no law
specifically prohibiting trafficking in persons, and the Government
does not adequately enforce existing labor laws regarding child
labor. However, the Government devotes its entire social welfare
budget to combat the trafficking of restavek children. For
example, the Government ran a media campaign to prevent the
mistreatment of children and maintained a hotline for victims.
This effort resulted in the removal of 760 restaveks from abusive
households. Government officials then placed rescued victims in
shelters and in the care of NGO’s. The International Labor
Organization, at the Government’s request, is developing a
framework for addressing the gap between practice, national
legislation, and international standards with regard to combating
child domestic labor.
48
HONDURAS (Tier 2)
The Government of Honduras does not yet fully meet the minimum
standards; however, the Government has made significant efforts to
combat trafficking. The Criminal Code specifically prohibits
trafficking in persons. The penalties for trafficking are
generally comparable with the penalties for rape or forcible sexual
assault. Corruption, lack of resources, and weak police and
judicial institutions undermine effective law enforcement.
Although traffickers have been arrested, the Government has not
prosecuted any cases. The Government has not developed public
information or prevention campaigns. There are no special services
for victims of trafficking; however, the Government does assist
repatriated Honduran nationals for a period of up to 6 months with
job placement assistance, temporary shelter, and basic subsistence.
In March 2000, the Government inaugurated two centers for citizens
deported from other countries who are relocating to Honduras. In
2000 the Government cooperated with Mexican officials to repatriate
approximately 400 Honduran girls trafficked to Mexico for purposes
of sexual exploitation.
49
HUNGARY (Tier 2)
The Government of Hungary does not yet fully meet the minimum
standards; however, the Government is making significant efforts to
combat trafficking despite a lack of resources and endemic, low-
level corruption. A trafficking law provides for penalties
commensurate with those for rape. There were 13 ongoing trials at
the time of this report. The Government has identified trafficking
fronts, including modeling, employment, and entertainment agencies,
many of which use the same mobile phone numbers and addresses,
indicating probable organized crime involvement. Strict data
protection legislation, a response to excesses of the old communist
regime, prohibits joint investigations by organizations with police
powers, so there is no central or coordinated authority on
trafficking issues. Under the Organized Crime Task Force, the
police are investigating trafficking cases involving organized
crime, and the Government is cooperating bilaterally with the U.S.
in the law enforcement arena. In theory, assistance with temporary
residency status, short-term relief from deportation, and shelter
assistance are available to trafficking victims who cooperate with
police and prosecutors; however, there are no documented cases in
which such assistance was provided. Police and immigration
officials allegedly often treat trafficking victims as criminals or
refuse to accept reports of kidnapping against young women. The
Government is consulting with NGO’s to provide anti-trafficking
sensitivity training to police. Consular officials are not
empowered to provide any legal or financial assistance to Hungarian
citizens who are trafficked abroad.
50
INDIA (Tier 2)
The Government of India does not yet fully meet the minimum
standards; however, the Government is making significant efforts to
combat trafficking in persons. The central Government recognizes
the trafficking problem, but is severely underfunded and typically
unable to implement plans and initiatives with which it agrees.
The Immoral Traffic (Prevention) Act (ITPA) prohibits trafficking
in human beings (including children), encompasses sexual
exploitation for commercial purposes of members of both sexes, and
provides enhanced penalties for offences involving minors. While
there is federal anti-trafficking legislation, almost all cases are
tried at the state level, which is outside the jurisdiction of
federal laws. The Government is amending the ITPA to increase
penalties for traffickers, assist victims and is seeking
legislation conferring on the central Government the primary role
in efforts to prosecute trafficking. Backlogged courts and local
corruption render most prosecutorial efforts ineffective. There
has been limited progress toward training, sensitizing and gaining
the cooperation of Indian State police. Many victims are arrested
and abused by local police. Cooperation with neighboring countries
(specifically Bangladesh and Nepal) in fighting trafficking has
recently begun, but the Government has not yet prosecuted cross-
border trafficking cases. In July 2000, the Government provided
assistance to investigators from the United States who were seeking
evidence to use to prosecute a trafficker. The NGO community has
taken the lead on prevention, protection and prosecution programs
and works well with some entities in the central Government;
however, NGO’s have a mixed record in securing the cooperation of
state police and local government. The Government manages
approximately 80 protective homes for victims of trafficking, some
of which NGO’s have criticized as severely lacking in victim
assistance. Calcutta-based anti-trafficking NGO’s have joined
efforts with state agencies to protect and care for victims of
trafficking by improving the quality and security at the main
remand home for women and by providing counselors.
51
JAPAN (Tier 2)
The Government of Japan does not yet fully meet the minimum
standards; however, the Government is making significant efforts to
combat trafficking. There are no specific laws that prohibit
trafficking in persons; however, in 1999 the Diet enacted two new
pieces of legislation which target persons who produce child
pornography and those who hold individuals in debt bondage.
Traffickers also can be prosecuted for violations of employment
laws and Penal Code offenses such as abduction and kidnapping.
According to the Ministry of Foreign Affairs, law enforcement
agencies have increased operations within Japan to expose broker
organizations and establishments in the country that employ
trafficking victims. However, there are allegations that some law
enforcement units have been reluctant to investigate reports of
trafficking and that the Government has not been aggressive in
arresting and prosecuting suspected traffickers. Except for the
Tokyo metropolitan government, which funds one Tokyo-based NGO
assisting victims of trafficking, there is no government support
for NGO’s working with trafficked persons in Japan. Victims are
often treated as criminals (prostitutes or illegal aliens) by the
legal system because the Government does not consider people who
willingly enter for illegal work to be trafficking victims. There
is no formal "task force," or interagency working group, to
coordinate anti-trafficking efforts among various ministries.
However, in practice the Government focuses its prevention efforts
in Asian source countries by funding public information campaigns
targeted at potential victims and providing equipment and training
to police and customs officials in those countries. The Government
works cooperatively with other countries, but the immigration
service has been slow to respond to illicit activities associated
with transit passengers at Japan’s international airports.
52
KYRGYZSTAN (Tier 2)
53
LAOS (Tier 2)
The Government of Laos does not yet fully meet the minimum
standards; however, the Government has taken some steps to stop
trafficking despite significant resource constraints. The
Government devotes resources to protection of children and has
established a team in the Ministry of Labor and Social Welfare to
attempt to prevent trafficking. There is no law that specifically
prohibits trafficking although there are laws against procuring,
kidnapping, and slavery. Enforcement as with most laws in Laos is
uneven due to poor training. At times repatriated trafficked
victims are given re-education in their localities when they
return; however, at other times, the government prosecutes them for
illegal departures.
54
LITHUANIA (Tier 2)
The Government of Lithuania does not yet fully meet the minimum
standards; however, the Government is making significant efforts to
address the problem despite resource constraints and reports of
corruption among customs and border guards. The Criminal Code
specifically prohibits trafficking in persons. The penalty for
trafficking is commensurate with the penalties for rape or sexual
assault. The Government investigates cases of trafficking;
however, there have not yet been any prosecutions. The Government
provides limited funding for trafficking prevention and victim’s
rehabilitation programs; however, some NGO’s report that government
cooperation is marginal, and the NGO’s receive little assistance
from local welfare services to assist trafficked victims.
Trafficked victims do have access to free medical care. There is
no established practice of providing temporary residence for
trafficked victims, although it occasionally is granted.
Government agencies encourage victims to seek legal action against
the traffickers. Government officials respect the rights of
trafficked victims.
55
MACEDONIA (Tier 2)
The Government of Macedonia does not yet fully meet the minimum
standards; however, the Government has taken significant steps to
combat trafficking despite scarce resources and low-level
corruption. The law does not specifically prohibit trafficking;
however, traffickers can be tried under laws prohibiting slavery,
kidnapping, illegal entry, and alien smuggling. The Government
investigates and prosecutes trafficking, and courts have convicted
at least three traffickers. A recently opened government shelter
offers limited medical and psychological assistance to victims.
Previously officials had typically treated all victims as
criminals, but attitudes are changing due to sensitivity training.
Rather than deporting victims, officials now send them to the
shelter and to International Organization of Migration for
repatriation assistance.
56
MALI (Tier 2)
The Government of Mali does not yet fully meet the minimum
standards; however, the Government is making significant efforts to
combat trafficking despite a severe lack of resources. Laws
prohibit the contractual use of persons without their consent. The
Government has not prosecuted any cases against traffickers, but
there have been prosecutions of traffickers of Malian children in
Cote D’Ivoire. In 2000 the Government formulated a comprehensive
action plan to combat the trafficking of children through
prevention, protection, and prosecution programs; however, due to
limited resources, the Government has been unable to implement the
plan. The Government signed an accord in 2000 with the Government
of Cote D’Ivoire to cooperate against trafficking in children. The
Government is participating in a two-part ILO anti-trafficking
project with eight other countries (Benin, Burkina Faso, Cameroon,
Cote D’Ivoire, Nigeria, Senegal, and Togo). Victims of trafficking
are not detained, jailed, or prosecuted for other crimes. The
Government relies on the donor community to fund assistance
programs, such as repatriation centers.
57
MEXICO (Tier 2)
The Government of Mexico does not yet fully meet the minimum
standards; however, the Government is making significant efforts to
combat trafficking despite resource constraints and corruption,
especially at the lower levels of government. There are no
specific laws that prohibit the trafficking of persons, but there
are other relevant laws that may be used to prosecute traffickers.
The Government devotes law enforcement and social development
resources to prevent illegal transit of persons for any purpose.
The Government actively investigates and prosecutes cases of
trafficking and smuggling. At the time of this report there were
no statistics available on conviction and sentencing rates of
traffickers. The Government is implementing anti-corruption
measures as part of its larger effort to restructure Mexico’s law
enforcement institutions. The Government supports general
prevention campaigns for children and women, and administers
assistance programs for children repatriated to Mexico. The legal
framework exists to protect victims of trafficking, and provide
social services to these victims. However, in practice persons
illegally in Mexico usually are deported.
58
MOLDOVA (Tier 2)
Moldova is both a source and a transit country for women and girls
trafficked primarily to Turkey, Italy, Greece, and the Balkan
region.
The Government of Moldova does not meet the minimum standards and
is limited by a lack of resources, low-level border guard
corruption, and inadequate legislation; however, it is taking
significant steps to combat trafficking in persons. Moldova
established an anti-trafficking section within the Ministry of
Internal Affairs in 2000. The Government aired a documentary about
trafficking in women in 1999, and Moldova has a working group on
trafficking to coordinate anti-trafficking activities, which
submits quarterly reports on the Government’s activities to combat
trafficking. Moldovan law does not prohibit trafficking. An
amendment to Moldova’s Criminal Code, still in draft form,
addresses the crime. In 2000, Moldovan law enforcement
investigated 12 cases that dealt with trafficking persons abroad
under the law against pimping. Most of those found guilty received
probation, one received a fine of $4,500, and one was placed under
parental supervision. To date, no traffickers have been sentenced
to jail, although there are cases in the courts. Moldova has
cooperated with Belarus, Ukraine, and Russia in investigating
trafficking cases. No government-operated or government-funded
programs exist to assist victims.
59
MOROCCO (Tier 2)
The Government of Morocco does not yet fully meet the minimum
standards; however, the Government is making significant efforts to
combat trafficking despite resource constraints. The law does not
specifically prohibit trafficking in persons; however, there are
several statutes under which traffickers can be prosecuted. The
Government has prosecuted individuals who coerced or forced women
into sexual exploitation. The penalties are roughly commensurate
with rape. The Government supports anti-trafficking prevention
programs through its emphasis on education. The Government
together with UNICEF and royal patronage launched a nationwide
campaign against child maids. The Government established a hotline
through which cases of physical and emotional abuse of child maids
may be reported. Although prostitution is illegal, the Government
does not prosecute women who have been coerced into sexual
exploitation. Although NGO’s provide assistance to victims of
trafficking, the Government does not have the resources to support
NGO’s.
60
NEPAL (Tier 2)
The Government of Nepal does not yet fully meet the minimum
standards; however, the Government is making significant efforts to
combat trafficking despite severe resource constraints. The Human
Trafficking Control Act of 1986 prohibits selling persons in Nepal
or abroad and provides for penalties of up to 20 years'
imprisonment for traffickers. However, this legislation does not
criminalize the separation of minors from their legal guardians
with the intent of trafficking them. As a result, no crime occurs
until the victim and perpetrators are outside Nepalese
jurisdiction. No laws cover receiving trafficked persons. The
open border with India does not allow for stringent border
monitoring. Low-level corruption among border guards and law
enforcement allows trafficked women to be brought out of the
country. The Government actively investigates and prosecutes
trafficking and has created an anti-trafficking unit within the
police. The Government, together with NGO's and international
organizations, has implemented local, regional and national public
awareness campaigns about trafficking in persons. The Government
provides limited funding to NGO's to provide assistance to victims
through rehabilitation, medical care, and legal services. The
Government protects the rights of victims and does not detain,
jail, or prosecute them for violations of other laws. The
Government has imposed restrictions on women's travel to some
countries to work as domestic servants, in response to past cases
of abuse of such women. Women's rights groups have protested the
ban as discriminatory.
61
NIGERIA (Tier 2)
The Government of Nigeria does not yet fully meet the minimum
standards; however, the Government is making significant efforts to
combat trafficking despite a lack of resources and widespread
corruption among law enforcement officials. There is no federal
statute that prohibits trafficking in persons. Under the criminal
code, penalties for trafficking of children include fines and
imprisonment from 2 to 7 years. The penal code provides for a
maximum penalty of 10 years in prison for anyone convicted of
encouraging the prostitution of women or children. The Government
is revising the Criminal and Penal Code as well as State Laws. In
1999 the Government funded the establishment of a 10-member police
anti-trafficking task force that has facilitated the repatriation
of over 400 women and girls in the past 2 years. Task force
members regularly use personal funds to feed and care for victims
deported back to Nigeria. However, victims also have alleged that
Nigerian immigration officials are actively complicit with or may
operate as part of trafficking syndicates. The Governments of
Italy and Nigeria have cooperated to repatriate over 900 victims of
trafficking. NGO’s provide some assistance to victims, conduct
public awareness campaigns, and lobby for stronger legislation.
These activities have had some success on the state/local level.
In 2001 Edo State passed a law specifically aimed against
traffickers of women and children, with provisions beyond those
found in the national criminal code.
62
PHILIPPINES (Tier 2)
The Government of the Philippines does not yet fully meet the
minimum standards; however, the Government is making significant
efforts to combat trafficking. There is no law that specifically
prohibits trafficking in persons; however, there are other laws
such as the Migrant Workers and Overseas Filipinos Act that could
be used to prosecute traffickers. Prosecutions are rare, since the
pace of justice is slow and the Government faces serious financial
constraints. Corruption is pervasive. Anti-trafficking efforts
focus mainly on prevention, the protection of overseas Filipino
workers, and assistance to victims. The Government provides
assistance such as medical aid, shelter, and financial help to
repatriated victims. It also provides extensive training on
assisting victims to its diplomatic and consular staffs in
destination countries. Persons trafficked to the Philippines are
treated as victims and are not prosecuted or immediately deported.
The Government enjoys a good relationship with the many domestic
NGO’s that work on human trafficking issues and is an active
participant in regional anti-trafficking initiatives. For example,
the Philippines coordinates with governments in the region on
trafficking issues in a number of settings, including the Asia-
Pacific Consultations on Refugees, Displaced Persons, and Migrants
and the Manila Process on trafficking and irregular migration in
east and southeast Asia.
63
POLAND (Tier 2)
The Government of Poland does not yet fully meet the minimum
standards; however, the Government has made significant efforts to
combat trafficking despite a lack of resources. The Government
implemented revised anti-trafficking criminal statutes in 1998,
with penalties of up to 10 years of imprisonment, roughly
commensurate with the penalty for rape. From 1995 to 1999, the
authorities investigated 148 trafficking cases, most of which were
initiated by the German police. The Government prosecuted 95 of
the cases, resulting in 151 convictions and 5 acquittals.
Penalties of those convicted ranged up to 10 years’ imprisonment;
however, the courts suspended 53 of the sentences. The Government
provides small grants to NGO's for victim assistance programs.
Victims usually are deported as soon as possible in order to avoid
any expenses connected with keeping them in detention. Polish
victims are eligible for welfare services. Foreign victims in
Poland have no legal status or public resources available to them.
There is no provision to allow victims to remain in Poland long
enough to pursue legal action against their traffickers.
64
SIERRA LEONE (Tier 2)
The Government of Sierra Leone does not yet fully meet the minimum
standards; however, the Government is making significant efforts to
combat trafficking in persons despite severe resource constraints
and the civil conflict with the RUF. The RUF controls
approximately 60 percent of the country, and the Government is
unable to investigate or prosecute traffickers in these areas.
There are no reports of trafficking in persons in areas of Sierra
Leone that are under the control of the Government. The Government
hosts the largest UN peacekeeping mission in the world, which has a
mandate to assist the Government to extend its authority. The
Government cooperates with the international community in the
investigation of trafficking in persons carried out by the RUF.
The Government and the UN have reached agreement on the creation of
a Special Court that is expected to vigorously investigate and
prosecute those persons bearing the greatest responsibility for
atrocities and violations of international humanitarian law. A
number of RUF leaders are in detention and may be brought before
the Special Court on charges that may potentially include
trafficking in persons. The Government and NGO’s interview victims
of RUF abuses who manage to reach government-held areas and
maintain records of cases that can be used for future prosecutions
of perpetrators. The Government works closely with bilateral
donors, NGO’s, and UN agencies on programs to assist victims of RUF
abuses. The Government and NGO’s reintegrate ex-combatants into
society, including victims of trafficking. Approximately 25,000
young adults have been through an educational and training program.
The Government also works with international donors on media
campaigns in support of this program. There are no reported cases
in which trafficking victims have been detained, jailed, or
deported by the Government, nor are there cases in which they were
prosecuted for violations of other laws such as prostitution or
illegal immigration.
65
SINGAPORE (Tier 2)
66
SLOVENIA (Tier 2)
The Government of Slovenia does not yet fully meet the minimum
standards; however, the Government is making significant efforts to
combat trafficking despite a lack of resources. There are no
specific trafficking laws, but prosecutors can use other provisions
against traffickers that carry penalties of 6 months to 10 years’
imprisonment. In 1999 there were 46 criminal indictment for
trafficking. A total of 16 cases went to trial; the courts
sentenced one person to 6 months and another to 1 year in prison.
In 2000 the Government apprehended a suspected organized-crime boss
whose alleged crimes included trafficking in persons. Regional
police directorates have organized crime departments that
investigate trafficking. The Government does not have prevention
programs nor does it assist trafficking victims. Victims usually
are deported either immediately or following their testimony in
court. The Government provides funding to NGO’s that assist only
Slovenian citizens.
67
SOUTH AFRICA (Tier 2)
The Government of South Africa does not yet fully comply with the
minimum standards; however, the Government is making significant
efforts to combat trafficking. The Government is limited by a lack
of resources, and corruption is a problem in some localities. The
law does not prohibit specifically the act of trafficking, but
there is a range of other relevant laws that may be used to
prosecute traffickers. There have been some successful
investigations, including one that was being prosecuted at the time
of this report. The perpetrator usually is liable for a fine
between $1,300 to $9,300 and usually is responsible for the cost of
tracking, locating, detaining, and repatriating victims of
trafficking. Government officials acknowledge that trafficking is
a problem; however, the problem of trafficking usually is
categorized under the larger issues of violence against women or
illegal migration. For the first time, the Border Police included
the principle of protecting women and children against trafficking
in their strategic plan for 2001. There are few programs to assist
victims of trafficking, and most of these have been established by
NGO’s. Victims who fall into police custody usually are deported
soon thereafter.
68
SRI LANKA (Tier 2)
The Government of Sri Lanka does not yet fully meet the minimum
standards; however, the Government is making significant efforts to
combat trafficking, despite resource constraints and the civil
conflict with the LTTE. The LTTE controls territory in the north
and east of the country and the Government is unable to investigate
or prosecute traffickers in these areas. The Penal Code
specifically prohibits trafficking in persons; the penalties are
commensurate with those for rape. The Government created a
National Child Protection Authority to encourage school attendance
and fight crimes against children, including trafficking. The
National Child Protection Authority provides medical and
psychological assistance to victims of trafficking and child
soldiers. The Government, together with NGO’s, has conducted
public awareness campaigns regarding child labor, and there are
hotlines available for reporting child labor abuses. The
Government’s Overseas Employment Bureau works with Sri Lankan
embassies to resolve problems that domestic workers encounter in
foreign countries.
69
SWEDEN (Tier 2)
The Government of Sweden does not yet fully meet the minimum
standards; however, the Government is making significant efforts to
combat trafficking. The law does not prohibit specifically the act
of trafficking, but there are a range of other relevant laws that
are being used to prosecute traffickers. Under related laws, the
penalty for trafficking is roughly commensurate with those for rape
or sexual assault. The Government has successfully prosecuted
seven trafficking cases since 1998. The sentences for the
traffickers ranged from 1 to 6 years’ imprisonment. Victims do not
receive temporary residence, and most are deported immediately;
however, they rarely are detained and never jailed. Local social
service offices give emergency help to victims when needed. The
Government funds NGO’s that are combating violence against women
through education and shelters. The Government also provides
funding to NGO’s and international organizations that combat
trafficking worldwide. The Government is providing specialized
anti-trafficking training to its peacekeepers in the Balkans.
70
THAILAND (Tier 2)
The Government of Thailand does not yet fully meet the minimum
standards; however, the Government openly admits that Thailand has
a trafficking problem and is making significant efforts to combat
the problem despite resource constraints. A trafficking in persons
law provides for penalties similar to those for rape. In addition,
there are other laws that could be used against traffickers.
However, enforcement of both sets of laws has been weak. There is
little training for officials in law enforcement or in providing
assistance to trafficking victims. Corruption is pervasive, and in
2000 there was broad and blunt public discussion of the corrosive
effect of corruption on Thai society. The Government works with
NGO’s. Among other efforts, it has a National Committee on
Trafficking in Women and Children with representatives of
government agencies, and both Thai and international NGO’s. It
cooperates with other governments through a Mekong Sub-regional
Project Committee and has established some prevention programs and
provides assistance to victims. However, these efforts are
restricted due to the lack of funding. Victims from neighboring
countries usually are deported quickly, but efforts are made to
assist underage victims.
71
TOGO (Tier 2)
The Government of Togo does not yet fully meet the minimum
standards; however, the Government is making significant efforts to
combat trafficking despite a lack of resources. There is no law
specifically prohibiting trafficking in persons; however, the
Government can prosecute traffickers under statutes that prohibit
exploitation, transfer of children, and forced labor. The
penalties are commensurate with rape. The Government actively
investigates and prosecutes traffickers. The Government has
prosecuted 50 cases against traffickers resulting in 31
convictions. The Government cooperates with the Governments of
Ghana, Benin, and Nigeria under a Quadripartite Law allowing for
expedited extradition among those countries. The Government
participates in a two-part ILO anti-trafficking project with eight
other countries (Benin, Burkina Faso, Cameroon, Cote D’Ivoire,
Nigeria, and Senegal). The Government works with NGO’s to assist
victims of trafficking by providing shelter and access to legal,
medical, and psychological services and attempting to find victims’
families and reunite them. The Government does not have resources
to fund NGO's and relies on foreign assistance. Victims are not
detained, jailed, deported, or prosecuted for violations of other
laws.
72
UGANDA (Tier 2)
The Government of Uganda does not yet fully meet the minimum
standards; however, the Government is making significant efforts to
combat trafficking in persons despite severe resource constraints
and the civil conflict with the LRA. The Criminal Code prohibits
slavery with penalties of up to 10 years imprisonment. Improved
civil-military relations in northern Uganda have helped the Ugandan
People's Defense Force (UPDF) assist victims of the LRA. Between
November 2000 and January 2001, the UPDF rescued and repatriated
121 child abductees who had escaped from the LRA. A 1999 Agreement
with Sudan provides for the repatriation of abductees, although
abductee returns so far have been as a result of escapes or UPDF
rescue rather than the assistance of Sudan. The Government
supports universal primary education programs as a preventative
measure against trafficking. The Government has established
protected camps garrisoned by the UPDF to prevent abductions; while
security has increased enough that villages are now returning to
their previous home areas, the parents leave the children in the
camps to ensure their education and safety. The Government is
unable to offer financial assistance to the to NGO's providing
assistance to victims of trafficking but does cooperate with these
NGO's. The UPDF escorts rescued abductees to NGO facilities which
then give physical assistance and counseling to the children and
their families so that the children can be reintegrated into
society.
73
UKRAINE (Tier 2)
Ukraine is a major source and transit country for women and girls
trafficked abroad for the purposes of sexual exploitation. The
women primarily are trafficked into Central and Western Europe, the
United States, and the Middle East.
The Government of Ukraine does not meet the minimum standards and
is limited by lack of financial resources and low-level corruption;
however, Ukraine has increased efforts to combat trafficking over
the past 3 years, and has partially implemented its anti-
trafficking action plan. In 1998 Parliament amended the criminal
code to make trafficking in human beings a crime punishable by
imprisonment for 8 years and confiscation of property. Since then
the Government has brought 37 criminal cases against suspected
traffickers. The court sentenced a Greek man to 7 years and two
Ukrainian women to 5 years in prison for trafficking. However,
most of the cases ended in acquittals, and those convicted received
only small fines. Ukraine relies on special police units trained
by both the Government and NGO’s to investigate trafficking cases,
but they have had limited impact thus far. The Government
established three business centers to assist unemployed women in
Ukraine, and works with Ukrainian diplomatic missions to improve
responses to Ukrainian trafficking victims abroad. The Government
does not support any other prevention or protection programs.
Ukraine cooperates in international investigations of trafficking.
74
VIETNAM (Tier 2)
The Government of Vietnam does not yet fully meet the minimum
standards; however, the Government is making significant efforts to
combat the problem. While the Government has taken some steps to
combat trafficking, resources are limited. Corruption is a serious
problem at all levels in Vietnam and some officials may be involved
in the flow of overseas workers. Trafficking in women and children
is prohibited in various statutes, with penalties of up to a
maximum of 20 years in prison. These penalties are stiffer than
for rape convictions. There is no law that specifically prohibits
trafficking in men; however, existing laws could be used to
prosecute traffickers who recruit or send men abroad to work for
"illegitimate profits" or illegal purposes. Statistics on
prosecutions under the various statutes are not readily available,
but estimates from various sources indicate over 200 prosecutions,
with a high rate of conviction. One analysis of the court system
in general found that more than 95 percent of the persons who are
charged with a crime are convicted. Prevention efforts are focused
on educating at-risk populations, including mass media campaigns,
vocational training, and alleviation of poverty. Vietnamese
authorities focus on protecting and providing services to
Vietnamese citizens in danger of being trafficked. Vietnamese
police have vigorously pursued such cases when drawn to their
attention. Some returnees are housed in rehabilitation centers
before returning to their villages. Vietnam is cooperating with
NGO’s and other governments. For example, Vietnam has signed an
agreement with Australia stating their mutual commitment to
combating trafficking in women and children.
75
76
COUNTRY NARRATIVES
TIER THREE
77
78
ALBANIA (Tier 3)
The Government of Albania does not meet the minimum standards, and
has not yet made significant efforts to combat trafficking. It has
taken steps to do so, but its efforts are limited by a lack of
resources and corruption at all levels of government. The Penal
Code prohibits trafficking in persons, and penalties are
commensurate with those of rape. The Government investigates and
prosecutes trafficking, and there were 144 prosecutions in 2000 for
violating the trafficking law. The Government is working to
establish an anti-trafficking center in Vlora. The Government
provides minimal support for small-scale anti-trafficking
education, but otherwise supports no prevention or protection
programs. Foreign victims who agree to testify are exempt from
deportation until the conclusion of criminal proceedings. The
Government does not assist repatriated Albanian victims.
79
BAHRAIN (Tier 3)
The Government of Bahrain does not meet the minimum standards and
the Government has not yet made significant efforts to combat
trafficking. The Government does not recognize that trafficking is
a problem because expatriate workers travel to Bahrain voluntarily.
The law does not specifically prohibit trafficking in persons;
however, there are other statutes that can be used to prosecute
traffickers forcing women into sexual exploitation. Labor laws do
not protect foreign workers. The Government is not devoting
resources to combat trafficking in persons. Victims of trafficking
may seek assistance from their embassies. The Government does not
provide assistance to victims. The Government has signed and
ratified the following international instruments: ILO Convention
182, the Sale of Children Protocol and the Protocol to Prevent,
Suppress, and Punish Trafficking in Persons, Especially Women and
Children Supplementing the UN Convention Against Transnational
Organized Crime.
80
BELARUS (Tier 3)
The Government of Belarus does not meet the minimum standards due
to a lack of resources and corruption. The new Criminal Code,
which went into effect January 1, 2001, penalizes trafficking in
persons for the purpose of sexual or other kinds of exploitation,
as well as the hiring of persons for sexual or other exploitation.
The penalty for trafficking is substantially less than that for
rape or forcible sexual assault. At the time of this report, there
was one open criminal case, and 12 cases had been proven. In
theory the Government has programs to assist victims of trafficking
and provide witnesses; however, in practice this does not occur.
Victims are detained and/or jailed until the investigation
identifies them as victims, and can be prosecuted for violations of
other laws. The Ministry of Internal Affairs conducted one seminar
on trafficking in October 1999 and another in April 2000.
81
BOSNIA-HERZEGOVINA (Tier 3)
82
BURMA (Tier 3)
The Government does not meet the minimum standards, and has not yet
made significant efforts to combat the worsening problem of
trafficking in persons. The Government, while recently
acknowledging that the problem of international trafficking exists,
has not publicly acknowledged the magnitude of the problem.
Corruption among local government officials is widespread and
reportedly includes complicity in the trafficking of persons. The
Government for years has systematically used forced labor for the
development of infrastructure and state-run agricultural and
commercial ventures, for forced portering to move military
equipment and supplies throughout the country, and for mine
clearing activities. The Government has not committed sufficient
resources or demonstrated the political will to combat trafficking.
Moreover, it has not collected meaningful data on the incidence of
trafficking, made any serious effort to arrest or prosecute
traffickers, or facilitated the repatriation of trafficking
victims. There are no anti-trafficking laws. The Government does
not work with international NGO’s or neighboring governments to
address the problem.
83
DEMOCRATIC REPUBLIC OF THE CONGO (Tier 3)
The Government of the DRC does not meet the minimum standards; the
Government has not yet made significant efforts to combat
trafficking, due in part to lack of resources or information and
unwillingness to acknowledge there is a significant problem, and
because much of the country’s trafficking problem occurs in areas
controlled by rebel groups and foreign armies. There are no anti-
trafficking laws; however, laws against unlawful imprisonment and
running brothels could be used against traffickers. The Government
has not vigorously investigated or prosecuted trafficking cases.
There is no known complicity in trafficking by government
officials. The Government has no resources for training; however,
it permits training of officials by the Government of France and by
NGO’s. The Government does not coordinate with other countries on
trafficking issues and has no funding for protection services.
Victims are not prosecuted. The Government has signed but not
ratified ILO Convention 182 on the Worst Forms of Child Labor and
the protocols on sale of the children and trafficking.
84
GABON (Tier 3)
The Government of Gabon does not meet the minimum standards and has
not yet made significant efforts to combat trafficking, due in part
to resource constraints. The Government acknowledges that
trafficking in persons is a problem, but is limited by a lack of
resources and porous borders. The law does not specifically
prohibit trafficking; however, traffickers can be prosecuted under
laws prohibiting exploitation, abandonment and mistreatment of
women. The Government does not actively investigate cases of
trafficking and has not prosecuted any cases against traffickers.
The Government has an interministerial committee comprised of
representatives from the Labor, Justice, Foreign Affairs and Family
Ministries charged with anti-trafficking programs. The Government
does not support programs aimed at the prevention of trafficking,
and has neither a policy nor resources to provide assistance to
trafficking victims. Trafficking victims are not detained or
deported. The Government has an informal cooperative relationship
with NGO’s providing services to victims. The Government
cooperates informally with other governments on trafficking cases.
Gabon hosted a sub-regional seminar on child trafficking in 2000.
In January 2001, the Government sponsored a conference for local
officials and NGO’s on combating trafficking in persons. The
Government ratified ILO Convention 182.
85
GREECE (Tier 3)
The Government of Greece does not meet the minimum standards; and
has not yet made significant efforts to combat trafficking. The
Government has established an inter-ministerial committee for
trafficking in human beings, but has not yet acknowledged publicly
that trafficking is a problem. There is no law that addresses all
forms of severe trafficking, although the Penal Code prohibits
slavery, pandering, and pimping. Trafficking cases rarely are
brought to trial, and sentences are light. Corruption among police
and border control is a major problem; the police bureau of
internal affairs has successfully investigated a number of cases of
police misbehavior. The Government signed the UN Convention
Against Transnational Organized Crime and the Protocol to Prevent,
Suppress and Punish Trafficking in Persons, Especially Women and
Children. The Government has not sponsored any significant
protection or prevention efforts, other than a hotline for battered
women and limited funding for the International Organization for
Migration to assist in the voluntary return of victims in 2000.
Greek officials met with German, Italian, and Albanian ministers in
the summer of 2000 to discuss creating a regional center to handle
trafficking in persons. Greece maintains tight controls on non-EU
citizens’ entry.
86
INDONESIA (Tier 3)
The Government of Indonesia does not meet the minimum standards and
has not yet made significant efforts to combat trafficking;
however, officials realize trafficking exists, that it is
worsening, and that the Government must confront the problem.
Indonesia is undergoing a transition to democracy and is
handicapped by weak legislation and law enforcement, inadequate
government institutions, and widespread corruption. Considerable
circumstantial evidence indicates that some civilian, military, and
police officials are involved in trafficking. The Ministry of
Women’s Empowerment (MOWE) is to coordinate a national anti-
trafficking council comprised of both governmental and non-
governmental entities. There is no specific law that prohibits
trafficking in persons. Although related laws can be used against
traffickers, the maximum penalties are significantly less than
those for rape. NGO’s actively provide assistance to returned
victims, but they do not receive funding from the Government. In
the past, government cooperation with NGO’s was poor, but it has
increased significantly. For example, NGO’s and provincial
government authorities have taken joint action to remove children
from offshore fishing platforms in Sumatra. The MOWE operates help
desks at international airports for returning victims and has
sought NGO assistance for these. In addition, government officials
from various agencies have begun to meet with NGO’s to discuss
practical measures for countering trafficking.
87
ISRAEL (Tier 3)
The Government of Israel does not meet the minimum standards for
combating trafficking in persons, and has not yet made significant
efforts to combat the problem, although it has begun to take some
steps to do so. The Government recognizes that trafficking in
persons is a problem, but devotes limited resources to combating
it. NGO’s and some concerned government officials have criticized
the Government for failing to undertake vigorous efforts against
trafficking, especially given the occasional violent methods of
traffickers and the significant numbers of women who are trafficked
into the country. In June 2000, the Knesset amended a 1997
prostitution law to prohibit the buying or selling of persons, or
forcing a person to leave their country of residence to engage in
prostitution. The penalties for rape and violation of the 1997
prostitution law require roughly a doubling of the sentence if the
victim is a minor. The Government has convicted one trafficker
under the new legislation. The Government has provided training to
immigration officials at Ben Gurion airport. The Government has
not formally begun cooperation with other governments on
trafficking cases, but has worked with Ukrainian officials on one
trafficking case. The Government has not conducted anti-
trafficking information campaigns or other efforts aimed at
prevention. Little protection is provided to trafficked persons.
Victims of trafficking are detained, jailed in a special women’s
prison separate from other female prisoners, and deported. Victims
who are willing to testify against traffickers may be granted
relief from immediate deportation, but the Government does not
actively encourage victims to raise charges against traffickers.
Israeli NGO’s have encouraged victims to take legal action. Some
victims have accused individual police officers of complicity with
brothel owners and traffickers. The Government provides limited
funding to NGO’s for assistance to victims.
88
KAZAKHSTAN (Tier 3)
89
LEBANON (Tier 3)
The Government of Lebanon does not meet the minimum standards and
has not yet made significant efforts to combat trafficking in
persons. Trafficking in persons is not perceived by the Government
to be a problem in Lebanon. There are no laws that specifically
prohibit trafficking in persons, slavery, or exploitation, although
the law prohibits unlicensed prostitution. The Government has not
signed or ratified ILO Convention 182, the Sale of Children
Protocol, the UN Convention Against Transnational Organized Crime
or the Protocol to Prevent, Suppress, and Punish Trafficking in
Persons. Labor violations and other mistreatment against third
country nationals working as domestics, some of whom are reportedly
trafficking victims, occur on a wide scale. Third country
nationals are excluded from the Labor Code and therefore are not
afforded legal protection. The Government does not provide
assistance to victims of trafficking or to NGO’s.
90
MALAYSIA (Tier 3)
The Government of Malaysia does not yet meet the minimum standards,
and faces serious impediments to taking significant steps to combat
the problem of trafficking in persons. Efforts to date have
focused on eradicating prostitution and illegal immigration. There
is no law that specifically prohibits trafficking in persons,
although laws that might be used against traffickers have penalties
that can be more severe than those for sexual assault. The
Government considers trafficking to be an illegal immigration and
prostitution problem and treats foreign victims of trafficking as
illegal immigrants. The Government has not prosecuted any cases
against traffickers. There is no evidence of complicity in
trafficking by government authorities; however, there have been
allegations of some low-level corruption. There are active NGO’s
that provide assistance to trafficking victims. They maintain one
shelter that provides counseling and medical and legal referrals,
but the Government does not appear to support financially the work
of NGO’s. The Government sometimes sends trafficked women who have
been victims of physical abuse to either an NGO shelter or to a
shelter for battered women. Repatriated Malaysian victims are
eligible for public assistance and at least one community-based
organization offers services such as counseling to victims. The
difficulty of monitoring the country’s maritime borders with
Indonesia and the Philippines, two major sources of trafficked
persons, has hampered the Government’s efforts to combat
trafficking.
91
PAKISTAN (Tier 3)
The Government of Pakistan does not yet fully meet the minimum
standards and the Government has not yet made significant efforts
to combat trafficking, due to pervasive corruption, lack of
information and data on the problem, and a severe lack of
resources. The Constitution prohibits slavery and forced labor,
and asserts the inviolability of dignity of man and the equality of
all citizens; however, current domestic law does not specifically
address the issue of trafficking in persons. The Hudood ordinances
criminalize extramarital sexual relations and place a burden on
female rape victims because testimony of female victims and
witnesses carry no legal weight. If a woman brings charges of rape
to court and the case cannot be proved, the court automatically
takes the rapes victim’s allegations as confession of her own
complicity and acknowledgment of consensual adultery. These laws
discourage trafficking victims from bringing forward charges, and
many trafficking victims are detained, jailed, and prosecuted for
violations of Hudood ordinances and illegal status. The Government
does not provide direct assistance to victims but does provide
legal assistance and funding for NGO's that assist victims.
92
QATAR (Tier 3)
The Government of Qatar does not meet the minimum standards and has
not yet made significant efforts to combat trafficking. The law
prohibits trafficking in persons and prostitution. However, the
Government does not actively investigate or prosecute traffickers.
The Government repatriates victims of trafficking upon discovering
their presence. The Government does not provide assistance to
victims, nor does it support public awareness campaigns.
93
ROMANIA (Tier 3)
The Government of Romania does not meet the minimum standards but
has recently begun high-level efforts to combat trafficking. Due
to a lack of resources and low-level corruption, many local
Government officials regard trafficking as a low priority and treat
victims as social outcasts. Although Romania has no specific anti-
trafficking law, other laws prohibit elements of trafficking, such
as pimping and rape. In April 2001, the Government appointed a
national coordinator to combat trafficking, and a recently created
anti-trafficking squad has arrested three traffickers. In addition
to sponsoring a regional international conference to combat
trafficking in May 2001, the Government also established an
interministerial commission to draft an anti-trafficking law. The
Government provided the International Organization for Migration
with a location for a shelter in Bucharest, but it does not provide
direct assistance to victims.
94
RUSSIA (Tier 3)
95
SAUDI ARABIA (Tier 3)
The Government of Saudi Arabia does not meet the minimum standards
and has not yet made significant efforts to combat trafficking,
although the Government is attempting to reduce the number of
expatriate workers in the country. The Government does not believe
that trafficking is a problem because expatriate workers travel to
Saudi Arabia voluntarily. The Government formally abolished
slavery by royal decree in 1962; however, there are no laws
specifically related to trafficking. The Government has an
extensive system of labor courts that enforce the terms of work
contracts. However, some workers are exempt from labor law,
including farmers, herdsmen, and domestic servants. Saudi sponsors
exercise considerable control over their employees, and are
required by law to hold the passports of their employees. A
sponsor’s permission is required for an employee to leave the
country and travel within Saudi Arabia. Maids who are victims of
trafficking may attempt to seek assistance from their embassies,
several of which provide safe houses where maids may stay while
awaiting a resolution of their cases. The Government also operates
safe houses for domestic employees. Domestic servants who attempt
to flee their place of employment are sometimes detained and often
deported.
96
SOUTH KOREA (Tier 3)
97
SUDAN (Tier 3)
98
TURKEY (Tier 3)
The Government of Turkey does not meet the minimum standards and
has not yet made significant efforts to combat trafficking;
however, the Government does acknowledge a problem of trafficking
in the country and has taken some steps in response. There is no
specific law prohibiting trafficking; however, prosecutors can use
various provisions of the Penal Code against incitement to
prostitution, rape, compulsory labor, child labor, and document
fraud. According to government statistics, the authorities
arrested 850 members of organized gangs for trafficking during
2000. Statistics on prosecutions are unavailable because there is
no single statute involved. The Government does not actively
support prevention or protection programs, and there are no NGO’s
working on the issue. The Government generally deports victims,
along with other illegal aliens, within a few weeks of their
detention. Law enforcement officials cooperated with film teams
from Ukraine and Moldova in making educational documentaries
designed to discourage women and girls from those countries from
being lured to Turkey by traffickers. The Turkish National Police
receive special training, funded by the EU and administered by
UNHCR, in areas such as visa fraud, passport forgery, and illegal
entries. The Government cooperates with other countries and
international organizations in the investigation and prosecution of
trafficking. The Government has signed various conventions on
trafficking, including the UN Convention Against Transnational
Crime Protocol on trafficking, which is not yet ratified, and
ratified ILO Convention 182, in early 2001. Turkey actively
participates in the Stability Pact Working Group on Trafficking.
99
UNITED ARAB EMIRATES (Tier 3)
The Government of United Arab Emirates does not meet the minimum
standards and has not yet made significant efforts to combat
trafficking in persons. There is no law specifically prohibiting
trafficking in persons; however, traffickers can be punished under
laws prohibiting child smuggling and prostitution. Forced or
compulsory labor is illegal, and labor regulations prohibit the
employment of persons under 15 years of age. The Government has
arrested, detained, and deported those involved in child smuggling
and prostitution. The Government prohibited the use of children
under the age of 15 as camel jockeys in 1993, but the Camel Racing
Association, not the Government, is responsible for enforcing these
rules. The authorities have prosecuted foreign child smugglers,
but do not investigate citizens involved in smuggling. The
authorities, working together with foreign governments and NGO’s,
have provided shelter for and assistance with the repatriation of
underage camel jockeys. Victims of trafficking may seek shelter in
their embassies; the Government of UAE does not provide assistance
to victims. Women arrested as prostitutes are detained, deported,
and blacklisted from reentering the country. The Government
restricts granting visas to UAE to single women who are 40 years of
age and younger.
100
THE FEDERAL REPUBLIC OF YUGOSLAVIA (Tier 3)
101
Montenegrin Criminal Code does not specifically address trafficking
in persons. The Montenegrin Government has appointed an official
coordinator for trafficking issues, and has adopted an action plan,
which includes the organization of special police teams trained in
dealing with trafficking and victims of violence.
102