Trafficking in Person 2012 (Part 1)

INTRODUCTION
TRAFFICKING IN PERSONS REPORT

JUNE 2012

1

Dear Reader:
Over the coming months we will celebrate the 150th anniversary of the Emancipation
Proclamation, which Abraham Lincoln announced on September 22, 1862 and issued
by Executive Order on January 1, 1863. In 1865, as the guns of the Civil War fell silent,
the Congress passed and the states ratified as the 13th Amendment to the Constitution
President Lincoln’s commitment that “neither slavery nor involuntary servitude shall
exist in the United States.”
Like the United States, countries around the world have enacted laws and adopted
international instruments to end slavery as a legal institution and to eliminate it as a
criminal practice. The Universal Declaration of Human Rights prohibits slavery and involuntary servitude.
More recently, the UN Palermo Protocol has made the abolition of modern-day slavery a part of international
law and a policy-making priority. Governments across the globe are united in this struggle.
Yet, despite the adoption of treaties and laws prohibiting slavery, the evidence nevertheless shows that many
men, women, and children continue to live in modern-day slavery through the scourge of trafficking in persons.
The anniversary of the Emancipation Proclamation marks not just a moment in our history, but an enduring
commitment to freedom that we advocate and defend. Because we have not yet realized a world free from
modern slavery, that commitment remains relevant today, and leads us to consider what abolition means in
the face of modern-day slavery.
One way is to know on whose behalf we work – the survivors. Earlier this year, I visited a trafficking shelter
in Kolkata. The young women and girls there had suffered terrible abuse. But with their own drive and
determination and with the help of some remarkable women and men they were getting their lives back on
track. I met one girl, about ten years old, who asked if I wanted to see the martial arts she had learned at the
shelter. As she performed her routine, I was impressed with the skills she had learned; but more than that, I
was moved by the pride in her eyes – her sense of accomplishment and strength.
Trafficking in persons deprives victims of their most basic freedom: to determine their own future. Our work
in fulfilling the promise of freedom should be not only the pursuit of justice, but also a restoring of what was
taken away. We should aim not only to put an end to this crime, but also to ensure that survivors can move
beyond their exploitation and live the lives they choose for themselves.
This Report is a guide for our work. In the past decade, a global community of governments, non-governmental
organizations, and countless other institutions and individuals have brought attention to this often-hidden
crime. Through the work of many, this Report provides a clear and sobering analysis of the state of modern
slavery. It tells us which governments are making progress, which innovations are working best, and how we
can strengthen our efforts to bring an end to this crime.
A century and a half after the promise of freedom was fought and won in the United States, freedom remains
elusive for millions. We know that this struggle will not truly be won until all those who toil in modern
slavery, like those girls in Kolkata, are free to realize their God-given potential.

Sincerely,

Hillary Rodham Clinton
Secretary of State

Dear Reader:
The voices ring through the ages. From the Biblical past through to the modern day, those
who have escaped the bondage of slavery have told the stories of what they endured
and how they moved forward on the path to freedom.
In the United States, chapters of our history are written in the voices of those who toiled
in slavery. Whether through the memoirs of men and women who sought their freedom
from a then-legal institution on the Underground Railroad or the impassioned pleas of
African Americans and immigrants trapped in sharecropping and peonage in the years
after the Civil War, slavery’s brutal toll has been given witness time and again by those
who suffered and survived.
What do they tell us? How do the voices of the past and present help inform our struggle against modern
slavery?
They tell us that victims of this crime are not waiting helplessly for a rescuer, but are willing to take the chance
to get out once they know it is possible. They tell us that modern-day slavery’s victims are like anyone else—
mothers and fathers, sons and daughters, seeking better lives for themselves and their families. Survivors tell
us that what they want is the opportunity to move on with their lives.
Our challenge as we face the 150th anniversary of Emancipation is to deliver on that promise; to apply
history’s lessons to the modern crime.
This year’s Trafficking in Persons Report focuses on how to make victim protection—part of the 3P Paradigm of
prevention, prosecution, and protection—most effective for helping survivors get their lives back on track.
In these pages are specific guides and examples of what victim protection looks like when it succeeds, as
well as when it fails. But if a single notion should guide the way governments and caregivers come to the aid
of victims, it is the goal of restoring what was lost and providing meaningful choices for the path forward.
And that requires listening to their experiences and incorporating their perspectives, to make a reality of the
concept “nothing about them without them.”
This Report tells us that some governments are doing this well, using practices that work and making needed
resources available. It also tells us that some governments are treating victims as criminals or ignoring them
entirely. Ultimately, it tells us that everyone must do more, and that we do not yet have the solutions that will
eradicate this crime once and for all. But every day, with the commitment of governments and civil society,
the private sector and concerned individuals, those solutions are increasingly within reach.
The voices of survivors—whether calling from the past or ringing out in a courtroom in 2012—are a sad
reminder that the struggle against modern-day slavery is a long fight still not won. They are a reminder that
if governments shirk their responsibility to bring traffickers to justice and to help victims on their road to
recovery, the intolerable yoke of modern-day slavery will persist. As we strive to deliver on the promise of
freedom, let us vow together that survivors’ stories will not be forgotten and that their lessons will guide us
forward.

Sincerely,

Luis CdeBaca
Ambassador-at-Large to Monitor and
Combat Trafficking in Persons

“I wasn’t allowed to go anywhere, they locked us in. They didn’t lock us in the
house, they locked us in our room. The three of us in a size of room that’s not
enough for one person … I guess they rented us out, or landed us, or bought us?
I don’t understand what happened. They simply executed us physically, mentally
and emotionally during that eight months while I was there. I still am afraid,
what will happen if they find me, or when they leave jail. I can’t go through that
terror again, what I gone through while I was with them.”
“Todor,” labor trafficking survivor, in a statement submitted to sentencing judge

“Children, if you are tired, keep going; if you are
hungry, keep going; if you want to taste freedom,
keep going.”
Harriet Tubman, describing how she would lead escaping slaves on the Underground Railroad

THE 2012 TRAFFICKING IN

T H E PR O M IS E O F F R EED OM
PERSONS (TIP) REPORT
The Promise of Freedom

T
he United States’ commitment to fighting
modern slavery did not simply materialize
12 years ago with the passage of the Trafficking VICTIMS’ STORIES
Victims Protection Act (TVPA) or the adoption the
same year of the U.N. Protocol to Prevent, Suppress The victims’ testimonies included in this Report
and Punish Trafficking in Persons, Especially are meant to be illustrative only and do not reflect
Women and Children (Palermo Protocol). This all forms of trafficking that occur. Any of these
stories could take place anywhere in the world.
country’s tragic history is not forgotten, nor are the
They illustrate the many forms of trafficking and the
bloodshed and lives lost in the fight to end state- wide variety of places in which they occur. Many of
sanctioned slavery. the victims’ names have been changed in this Report.
Most uncaptioned photographs are not images of
The year 2012 will mark the 150th anniversary confirmed trafficking victims, but they illustrate the
of the date Abraham Lincoln gave notice of the myriad forms of exploitation that comprise trafficking
Emancipation Proclamation. That document and the variety of cultures in which trafficking victims
and the 13th Amendment to the United States are found.
Constitution, following three years later, represent
more than policies written on paper. They represent
the promise of freedom. A CRIME, FIRST AND FOREMOST
The U.S. Congress subsequently passed laws and A few years ago, stories about human trafficking
federal authorities prosecuted cases in the wake appearing in the press tended to focus on a victim’s
of the Civil War to make clear that this promise suffering or a long-delayed arrest. Those stories still
of freedom extended to all, from the Hispanic appear. But there is a shift underway. Today, reports
community in the Southwest, to immigrants on trafficking in persons are about not just the
arriving from Europe, to Chinese workers who crimes that have been uncovered, but also the many
built the western railroads, to Native Americans things that people are doing in their communities
in the Alaska territory. to eradicate modern slavery. Modern slavery is the
A century and a half later, slavery persists in the centerpiece of new, public-private partnerships and
United States and around the globe, and many has become a focus for faith-based communities.
victims’ stories remain sadly similar to those of the New developments in supply chain monitoring
past. It is estimated that as many as 27 million men, and corporate social responsibility are producing
women, and children around the world are victims valuable collaboration between governments and
of what is now often described with the umbrella key industries. The modern abolitionist movement
term “human trafficking.” The work that remains is expanding beyond a narrow band of civil society
in combating this crime is the work of fulfilling and pockets of concerned government officials. It
the promise of freedom—freedom from slavery for is entering the public consciousness in a way that
those exploited and the freedom for survivors to builds not just awareness and concern, but also
carry on with their lives. The promise of freedom activism and action, both globally and locally. A
is not unique to the United States, but has become new generation of informed and interested citizens
an international promise through Article 4 of the is beginning to look inward and making the choice
Universal Declaration of Human Rights and the to reject lifestyles sustained by exploitation. For all
Palermo Protocol to the Transnational Organized those who continue to live in bondage, this moment
Crime Convention. The challenge facing all who could not have come too soon.
work to end modern slavery is not just that of As more voices cry out for action to respond to
punishing traffickers and protecting those who are modern slavery, governments must redouble
victimized by this crime, but of putting safeguards their own efforts and face this challenge head on.
in place to ensure the freedom of future generations.
7

The TVPA defines “severe forms of trafficking
in persons” as:

a. sex trafficking in which a commercial sex
act is induced by force, fraud, or coercion,
or in which the person induced to perform
such an act has not attained 18 years of
age; or

b. the recruitment, harboring, transportation,
provision, or obtaining of a person for labor
or services, through the use of force, fraud,
or coercion for the purpose of subjection
to involuntary servitude, peonage, debt
bondage, or slavery.

A victim need not be physically transported from
one location to another in order for the crime to
fall within these definitions.
Traffickers are criminals. Governments—which
alone have the power to punish criminals and
provide legal recourse to survivors—cannot waver
in their efforts to confront modern slavery.

Like previous editions, the 2012 Trafficking in
Persons Report satisfies a statutory mandate to look
closely at how governments around the world are
fulfilling their obligations to combat this crime.
It emphasizes continued and strong government
action as the foundation upon which the fight
against modern slavery is built. And it both makes
government-specific recommendations, and calls
upon the international community as a whole to
advance a more robust victim-centered response
to this crime.

“I never, in my life, felt more certain that
I was doing right than I do in signing this
paper.”
President Abraham Lincoln, upon signing the Emancipation
Proclamation into effect

THE VICTIM AT THE CENTER are guaranteed. Through prevention measures,
governments can work to forestall the violation
Human trafficking appears in many guises. It of rights. Prosecution efforts seek to punish those
might take the form of compelled commercial whose actions have subjugated the lives of their
sexual exploitation, the prostitution of minors, victims through enslavement. Protection efforts
debt bondage, or forced labor. The United States seek to provide appropriate services to the survivors,
government, and increasingly, the international maximizing their opportunity for a comprehensive
community, view “trafficking in persons” as the recovery.
term through which all forms of modern slavery
In this paradigm, strong protection efforts bolster
are criminalized.
the effectiveness of law enforcement activities and
Why, then, are so many different actions considered successful prosecutions in turn serve to deter the
the same crime? Why are so many terms used to crime from occurring. A fourth “P”—partnership—
describe one human rights abuse? Exploitation lies is integral to the success of any anti-trafficking
at the core of modern slavery. Whether held on a strategy. Governments, civil society, the private
worksite or trapped in prostitution, a victim of this sector, and the public at large working together will
crime has suffered an infringement of the right to lead to the most effective response to modern slavery.
be free from enslavement.
Like perpetrators of any crime, such as assault
When that right has been compromised, governments or murder, traffickers must be brought to justice.
are obligated to restore it. The Palermo Protocol’s Governments are the only entities that can pass
“3P” paradigm of prevention, prosecution, and and enforce domestic laws. But just punishing the
protection reflects a comprehensive victim-centered offender is not enough. Rights that are violated
approach to ensuring that the rights of individuals must be restored.

The crime is not abstract; it is about people. Every The following section of the Trafficking in Persons
single occurrence of modern slavery is happening Report details promising practices, as well as
to a person—someone’s sister, mother, brother, potential pitfalls that governments should bear in
father, daughter, or son. Protection does not mean mind when providing protection services to victims.
only rescue and isolation; although it may require
getting someone out of harm’s way, protection
must be as adaptable and dynamic as trafficking
is insidious and unpredictable. Ultimately, true
protection means giving victims access to and a “The problem of modern trafficking may
choice among options—and recognizing that they
are unlikely to choose to participate in shelter and be entrenched, and it may seem like
rehabilitation programs that are restrictive or serve there is no end in sight. But if we act on
merely as pre-deportation waiting periods.
the laws that have been passed and the
Because this crime undermines the most basic commitments that have been made, it is
human rights, protection services must be considered
just as important as investigating and prosecuting
solvable.”
the offenders. The damage inflicted by traffickers
U.S. Secretary of State Hillary Rodham Clinton, June 28, 2011
can never be undone, but it may be repaired. If
governments fail to provide comprehensive
protection as a complement to prevention and
prosecution efforts, they risk deepening, rather
than alleviating, the original harm.

Most people think only about how much they
will earn from a job. But for people desperate to
obtain employment to provide for and support
their families, a job can also come with extreme
costs, sometime in the form of modern slavery:

The cost of a job for a 15-year-old Indian
girl could be three years of her life
spent working in a garment or textile
factory, forced to work excessive hours in
dangerous conditions, and often subject
to verbal or sexual abuse. At the end of
this three-year period, she might receive
a payment of approximately $645 - $860,
which would be used as a dowry to give to
the family of her future husband.

In the Middle East, the cost might be
VICTIMS, SURVIVORS, AND imprisonment because the employer fails
PROVIDERS to properly renew a worker’s visa.

Trafficked people have typically been tricked, lied For a Guatemalan, the cost of a job could
to, threatened, assaulted, raped, or confined. But the include becoming an undocumented
term “victim” does not mean that a person who has worker in the United States when he or she
suffered those crimes was necessarily incapable or is forced by traffickers to perform labor
helpless. In many cases, these people have shown that is not covered by the visa provided by
tremendous strength in the face of horrible adversity. his or her labor broker. He or she would
then have to repay the broker and travel
Sound policy both acknowledges that a crime has fees, all while working nearly 80 hours a
occurred and honors victims’ agency and autonomy. week for less than minimum wage.
People fall victim to trafficking for many reasons.
The cost of a job for Vietnamese migrant
Some may simply be seeking a better life, a promising
workers seeking work abroad may be
job, or even an adventure. Others may be poverty-
the equivalent of $4,250 or three times
stricken and forced to migrate for work, or they may
Vietnam’s per capita income. When they go
be marginalized by their society. These vulnerabilities
abroad, some of these workers have debts
do not mean that those who are victimized are
that exceed the earnings they expect in the
dependent on someone else to empower them. It
first year of typical three-year contracts.
often means that they had the courage to pursue an
opportunity that they believed would change their
lives and support their families. Traffickers see and As the ILO’s global report on forced labor, Cost
understand this reality, and through imbalances in of Coercion, shows, the cost of this exploitation
power and information—and a willingness to use worldwide is an estimated $20 billion annually.
coercion and violence—they take advantage of their This is the amount of wages and other benefits
victims’ hope for a better future. denied to migrant workers by fraudulent labor
recruiters in their home countries, labor brokers
Law enforcement agents, good Samaritans, and in the country of work, and employers who refuse
civil society, among others, are often instrumental pay wages.
in helping a victim escape the trafficking situation.
For some, though, freedom comes as a result of
summoning the courage to escape their abuser
when the opportunity presents itself.

Global best practices can serve as useful guides for
the effective provision of victim services. These
include, for example, the immigration relief given to
trafficking victims in Italy; the package of medical,
psycho-social counseling, and legal aid provided to

ADDRESSING THE INTERNAL WOUNDS: THE
2012 TRA FFI CKI NG IN PE R S O N S R E PO R T
PSYCHOLOGICAL AFTERMATH OF HUMAN TRAFFICKING
The trauma associated with trafficking and its psychological effects can be devastating and, if left unaddressed,
can undermine victims’ recovery and potentially contribute to vulnerability to re-victimization. Because traffickers
dehumanize and objectify their victims, victims’ innate sense of power, visibility, and dignity often become
obscured. Traffickers also use coercive tactics and force to make their victims feel worthless and emotionally
imprisoned. As a result, victims can lose their sense of identity and security.

A variety of psychological symptoms can surface over a period of time even after victims escape or are rescued from
the trafficking environment. Thus, it is critically important to incorporate psychological support and treatment
within victims’ services and protocols.

Steps to reinstating psychological well being include:

❖❖ E
stablishing a dependable safety network for victims to utilize and ensuring all their basic
needs are met;
❖❖ Ensuring privacy and confidentiality to protect victims and their families and friends;
❖❖ S
oliciting the support of medical experts, social workers, and psychologists who are trained in human
trafficking and can provide trauma-specific therapy;
❖❖ A
ttending to victims’ physical well-being, as sometimes there are physical symptoms existing
simultaneously with or indicative of underlying psychological disorders;
❖❖ Providing collaborative therapies that are culturally sensitive;
❖❖ F
ostering an empowering environment in which victims actively participate as consumers of
therapeutic and other services;
❖❖ Assessing victims for self-injurious and suicidal behavior;
❖❖ S
creening for post-traumatic stress disorder (PTSD), substance abuse/dependence, depression, and
anxiety – mental disorders that can develop as a result of being trafficked;
❖❖ P
roviding unconditional support, especially amidst victims’ potential denial, distrust, reticence,
shame, or anger;
❖❖ Working towards social and familial reintegration;
❖❖ Rebuilding identity; and
❖❖ Reestablishing skill-sets, self-esteem, and personal interests.

Under the direction of Khun Ja Supagon, the Anti
Human Trafficking Center in Pattaya, Thailand,
provides art therapy and other social services for
boys who survived sexual exploitation and street
12 peddling.

suspected trafficking victims in the United Kingdom; Palermo Protocol, which rejected and replaced this
or the work authorization given to victims in Taiwan. outdated formulation with a crime centered on the
The specific actions comprising a victim services exploitation of the individual.
regime must allow for flexibility to tailor a response
specific to individuals’ experiences and needs.

ADOPTING VICTIM-FRIENDLY “The old way of slavery was that the
LAWS AND REGULATIONS boss really owned you … But now legal
recruiters and employers work in tandem
The foundation of a government’s victim-protection
response must necessarily be rooted in that to deceive workers who, vulnerable and
country’s anti-trafficking law. An effective anti- isolated in a strange culture, are forced to
trafficking statute provides a clear definition of
who constitutes a trafficking victim and sets forth
accept harsh terms. It is in that context
the legal status and recourse to which victims are that you have endemic forced labor today.”
entitled. This approach flows naturally from the
Rene Ofrenco, Director of the Center for Labor Justice, School of
victim-centered, rights-based approach of the
Labor and Industrial Relations, University of the Philippines
modern era; governments should not base their
response on nineteenth-century laws that viewed
trafficking in persons as the transnational movement
of prostituted women, and traffickers as violating
state sovereignty by bringing “immoral” persons
over the borders. Such an approach is inconsistent Because trafficking in persons is manifested in a
with the modern framework established by the wide range of forms, anti-trafficking laws must
consider the many different types of victims who are

exploited. Narrow definitions of trafficking could
potentially exclude some victims from receiving
the justice, protection, or benefits they deserve.
If a law fails to protect all victims of trafficking
under its provisions—excluding, for example, men,
laborers, adults, or those who have not crossed a
border before being enslaved—certain victims may
find themselves accused of violating other, non-
trafficking laws for actions that are connected to
their victimization.

Unfortunately, the arrest, incarceration, and/or
deportation of trafficking victims occurs far too
often. These actions undermine the goals of a victim-
centered response and constrain law enforcement
efforts to bring traffickers to justice. Research
reveals, for example, that a considerable number
of prostituted minors and other trafficking victims
are arrested every year in many countries, including
the United States. According to the Palermo Protocol, everyone victimized by trafficking, whether for
however, all prostituted minors are considered labor or commercial sexual exploitation, whether
victims of trafficking in persons. Without domestic a citizen or immigrant, whether a man, woman or
laws consistent with this international standard nor child, is considered a victim under the law.
proper efforts to screen for victims—such as training
the law enforcement and justice officials likely to
encounter these individuals—they can be swept into
a system that views all persons in prostitution or While no two experiences of human trafficking
undocumented immigrants as criminals and treats are exactly the same, many traffickers use similar
them accordingly. methods to keep their victims enslaved. An
understanding of common responses to trauma
A law must ensure to provide a victim-centered can also be used to determine whether an individual
framework for fighting modern slavery in which has been trafficked.

Foreign victims not only face a fear of their traffickers in the countries where they are to go anywhere, they
“I wasn’t allowed exploited, but also are afraid
that their cooperation with authorities will lead to harm to their families in their home countries. Traffickersin the
locked us in. They didn’t lock us routinely
threaten to harm or even kill victims or their families if victims ever report what is happening to law enforcement.
Overcoming this fear is thus a hurdle for both law enforcement and victims. One approach our governments to
house, they locked us in for room. The
encourage foreign trafficking victims to participate in prosecutions, andof us in a size of room family members
three also provide them and their that’s not
increased stability and protections, is to offer them a path to permanent residence – and potentially citizenship.
enough for one person… I guess they
Governments, however, sometimes fear that offering such longer-term immigration relief to foreign trafficking
victims will lead to a massive number of illegal migrants fraudulently claiming to belanded of trafficking.
rented us out, or victims us, or bought us?
I don’t understand what happened. They
The concern of massive fraud related to the provision of immigration relief for victims of trafficking existed in the
simply executed us physically, mentally
United States when the U.S. Congress passed the TVPA in 2000. To protect against fraud, a cap of 5,000 approvals
per year was placed on the special status designated for trafficking emotionally“T” nonimmigrant status, also
and victims – the during that eight months
commonly referred to as “T visas” and named after section 1101(a)(15)(T) of there. of the U.S. Code. The what
while I was title 5 I still am afraid, feared
rush on T visas, however, has not materialized. Although the number of applications for T nonimmigrant status is
increasing every year, less than half of the yearly allotment of will happen year has been approved when they
T visas for one if they find me, or since 2002.
This illustrates that, even with strong incentives, encouragingleave jail. I can’t go through fears and come
foreign victims to overcome their that terror
forward with their stories still remains a challenge.
again, what I gone through while I was
with them.”
Many NGOs and legal advocates also note that the eligibility requirements under U.S. law related to the T nonimmigrant
status also serve to deter fraudulent applications. These eligibility requirements include demonstrating by credible
evidence that the individual was a victim of human trafficking, is presenttrafficking survivor in Canada, accountstatement
“Todor,” labor in the United States on stated in of that
submitted to sentencing judge.
trafficking, and is willing to cooperate with law enforcement in prosecuting traffickers (except for minors or especially
traumatized victims), and that the victim would suffer extreme hardship, including severe and unusual harm, if
removed from the United States.

Restriction of movement:
» Confiscating passports, visas, and/or
identification documents
» Constantly accompanying the victim,
insisting on answering questions on
behalf of the victim, and/or translating
all conversations
» Isolating the victim by not disclosing his
or her location or address
» Requiring the victim to live and work in
the same location

Harmful living conditions:
» Restricting access to food and
appropriate clothing
» Forbidding access to appropriate medical
care
» Not allowing time off or sufficient time » Anxiety and fear
to sleep
» Difficulty making decisions and/or
Harmful working conditions: concentrating
» In exchange for work opportunity, » Avoidance of eye contact in a manner
charging a large fee that is difficult or not related to culture
impossible to pay off
» Requiring unusually long work hours While the above signs taken alone do not indicate
with few or no breaks with certainty that an individual is a victim of
trafficking, many victims describe these methods
» Restricting the number of days off of control and exhibit these traumatic responses
» Providing little to no pay or irregular when they talk with first responders after obtaining
pay freedom.

Because trafficked people often do not understand
that what happened to them is a crime, their
description of their victimization can be difficult
Physical Reactions: to assess, especially when a first responder has not
» Weakened physical state been trained to identify human trafficking. Many
first responders note that, before they have learned
» Bruises, cuts, or other untreated medical more about human trafficking, victim stories may
ailments seem confusing and complex. It is essential that
» Complaints of stomach pain governments give trafficking victims a reasonable
length of time to recover from the immediate
» Heart palpitations trauma; individuals cannot be expected to self-
» Extreme changes in eating patterns identify or decide to cooperate with law enforcement
in only a few short days, especially because they
Emotional Reactions: will typically still be in crisis for some time after
» Loss of memory related to the traumatic their release. Instead, they should be accorded a
event period of time to overcome their immediate trauma
and be able to make decisions about their lives.
» Frequent bouts of tearfulness
Foreign victims should not be returned to countries
» Detachment where they may face retribution or hardship. With
» Feelings of self-blame trained personnel and sufficient time for victims to
process their experiences, it becomes easier for law
» Emotional numbing or emotional enforcement to get the full account of what victims’
response that does not fit the situation experienced, resulting in better evidence and more
» Flashbacks or nightmares successful prosecutions.

Defining someone as a victim of human trafficking
under relevant law or regulation is not a pejorative
label or a means of setting him or her apart from
the rest of society. Foreign nationals who are
identified as trafficking victims should be eligible
for immigration relief that not only keeps them safe,
but also allows them to choose the best next steps
for themselves and their families. Victims are often
not able to move beyond their victimization until
threats to their safety and the safety of their family
members have been resolved. In these situations,
the only reasonable option for foreign trafficking
victims may be to remain safely in the country where
they were trafficked and where they have started
on the path to recovery. Immigration remedies
that allow foreign victims a pathway to permanent
residence or citizenship, assuring their safety and
enabling them to integrate more fully into their new
community, are best practices. Repatriation should
be an accessible option with support and referral
services throughout the process. Yet it should only
be considered after a determination of what is in
the best interests of the victim, rather than a process
that requires a summary decision that results in
foreign trafficking victims being returned to their
home countries.

If a victim of trafficking wishes to confront his or her
abuser in court, the law should make that possible,
with provisions not just for the criminal process, but
the opportunity to seek civil remedies as well. If a
victim wants to remain in the country, the process
for obtaining residency or citizenship should not
be delayed until the criminal process—if any—has
run its course, and should not be conditioned on
the success of the prosecution. Furthermore, if the
victim wants to work, a criminal record that reflects
crimes committed as a result of the trafficking or
other legal obstacles to work authorization should
not stand in the way. Laws should likewise provide
mechanisms for survivors to seek and be awarded
restitution and damages from their traffickers.
Victims should also be provided the assistance
and information they need to understand their
rights. Most importantly, victim status should
provide voluntary access to a full range of services
that should be afforded by governments to allow
survivors to restore their lives.

Ads, like the one pictured to the left, were common in U.S. newspapers in the 1700s and early 1800s before slavery
was abolished. Now, ads like the one pictured to the right show that this practice continues in the modern era.
Those who escape severe abuses from their employers risk hardships of fugitive life, danger of capture, and the
threat of death.

The “3P” approach to combating human trafficking promotes collaboration among stakeholders across government,
private-sector, and civil society. Businesses are increasingly aware of the role they can play in prevention efforts by
decreasing the demand for products made by modern slaves. This is usually seen through “fair trade” schemes or
labor codes of conduct, which seek to voluntarily regulate the social and environmental impacts of the production
of certain goods. They reflect consumers’ growing awareness of the risk of labor exploitation and their willingness
to factor ethical questions into their purchasing habits, despite paying a price premium for doing so.

Several instances highlighted by the media over the last year, however, brought to light some corporate buyers who
in the past advertised their fair trade credentials loudly but were found to have not made a strong effort to know
their supply chains and monitor them regularly to ensure they were free of forced labor. Whether they are products
from Africa and Latin America or clothes made with cotton in West Africa or Central Asia, companies must be
responsible for the full length of their extended supply chains.

While efforts to harness market power to drive down demand for modern slave-made goods can serve as preventive
efforts to combat trafficking, private-sector initiatives should be seen as a complement to governmental efforts to
prosecute traffickers, and government and civil society collaborations to protect victims. Because market-based
initiatives rely on the market to correct itself, and lack sufficient mechanisms to ensure meaningful accountability,
they are not a substitute for vigorous government efforts to end impunity through prosecuting and punishing those
who subject others to compelled service.

“I always felt like a criminal. I never felt
like a victim at all. Victims don’t do time
in jail, they work on the healing process.
I was a criminal because I spent time in
jail.”
“Tonya,” trafficking survivor in the United States

Traffickers commonly instill such fears in their
“[The 150th Anniversary of the victims to ensure continued subjugation.
Emancipation Proclamation is] an As part of a comprehensive victim protection effort,
opportunity to both create an aspirational governments have the responsibility to proactively
identify victims and potential victims of trafficking.
goal for the problems of contemporary They have a responsibility to extricate victims from
slavery and to give some hope to the victims exploitation and, whenever possible, to prevent the
crime from occurring in the first place. They have
of trafficking and slavery today that there a responsibility to provide victims with the ability
can be a successful movement to achieve a not only to leave servitude, but to reenter society
freedom which has been so elusive.” as a free man, woman, or child with adequate tools
to resume their lives and contribute positively to
Wade Henderson, President and CEO of The Leadership society.
Conference on Civil and Human Rights
This is no small task. It requires training, education,
and, perhaps most challenging, a change in the way
government officials look at vulnerable populations.
VICTIM IDENTIFICATION The first government official a trafficking victim
Governments that have put in place victim protection is likely to meet is not a lawmaker or diplomat,
structures cannot idly wait for victims to come but rather a local police officer. If such officers
forward on their own to seek protection. It is true are not trained to identify trafficking victims and
that some victims escape exploitation through their understand the nuances of the crime, the victim
will likely not be properly identified even if able to
own courage and determination, but after clearing
articulate his or her story. The services and support
that hurdle, a victim does not usually know where
described in the pages of a national action plan
to turn. He or she is unlikely even to know how to
or an official referral mechanism are irrelevant if
gain access to services from a complex government
the victim cannot first be properly identified and
system, or to have knowledge that a victim referral
referred to services and protection.
mechanism exists. Many times, victims do not even
know that the abuse they suffered is considered a Ultimately, if governments take proactive measures
crime; indeed, they may hide from authorities for to look for human trafficking, they will find it. It is
fear of punishment, arrest, or deportation. simply not plausible to claim that, because victims
are not self-reporting, trafficking does not occur.

The essence of the trafficking experience is the denial of freedom – including the freedom to choose where and
how you live, the freedom to work or choose not to work, the freedom from threats, and the freedom of bodily
integrity. Unless carefully crafted and adopted with flexibility, victim assistance programs can sometimes replicate
the trafficking experience by removing victims’ prerogative from questions of housing, employment, residency,
and disclosure. For example, in order to stay in many government shelters throughout the world, victims surrender
their right of movement – they are restricted to the shelter grounds or may only leave with the permission of shelter
staff. In some countries, the disclosure of victims’ identities by government authorities results in victims’ stories
and name being revealed to the press or to their families. A fundamental premise of victim assistance programs
should be to place choices back into the hands of the trafficking victims.

The following “good practices” set the stage for a victim-centered approach to care that allows victims the opportunity
to make choices in their care. These approaches can help victims put distance between the trafficking experience
and the rest of their lives.

Victims should not be detained in shelters in any form. Victims should be allowed to leave the shelter at will and
without chaperones. Staying in a shelter should be an option; many victims may have access to other accommodation
and should be allowed to choose those alternatives.

Victims should be informed of their rights as early as possible in a language they understand. Victims should be
informed about what will and will not be expected of them during a criminal trial. Victims should be educated
about their options in the immigration context and told that they have right to consular or diplomatic access.
Countries can accomplish this in a variety of ways, including appointing counsel for trafficking victims, appointing
victim advocates for victims, or involving NGOs. Some countries develop brochures and other literature in many
languages to facilitate early disclosures. Victims of trafficking crimes should also be put in touch with their country’s
embassy or consulate for additional assistance.

Victims should be given the choice of how much of their information is shared. They should not be exposed to
media without their full and informed consent. It should be their choice whether their families are told about
their trafficking.

Generous benefits for trafficking victims, including permanent residency, facilitate the law enforcement process.
Immigration regulations that offer victims permanent residence, rather than mandating forced return, are best
practices. Residency schemes should allow some flexibility for victims of trafficking to have time to determine if
they wish to participate in the criminal process, with special exemptions for victims who are minors or who have
experienced severe trauma. There are many reasons a victim of trafficking may initially refuse to cooperate with
an investigation. Sometimes victims do not trust the police to protect their rights; sometimes law enforcement has
participated in a victim’s exploitation; and sometimes victims are simply too traumatized by their experiences to
discuss them with law enforcement.

Countries should consider granting foreign national trafficking victims the right to work. In many countries, even
formal entry to a victim assistance program does not give a victim the right to a work permit. Accordingly, without
material aid, victims are again placed in vulnerable situations.

Although not all trafficking involves migration,
and not all migration is human trafficking, the
vulnerabilities of migrants make them a tempting
target for traffickers. From the young women of
Indonesia who take significant risk to work as
domestic servants in the Middle East, to Peruvian
men migrating to the United States for work as sheep
herders, labor forces are mobilizing as markets in
every region of the world open. Such migration
often occurs legally via bilateral labor agreements,
and pursuant to national immigration provisions.

Migrant-sending countries experience the benefits
of foreign exchange remittances. Remittances often
finance homes, education for children, and medical
care. The impact of remittances is readily visible and
provides relief from poverty and unemployment. Yet
governments in migrant-sending countries also see
a darker side to labor migration: the enslavement
of their citizens. Given the paucity of effective
international norms on labor migration, the
exploitation of workers is growing at an alarming
rate. Recruiters, labor brokers, sponsors, and
employers have found that they can abuse migrants.
With little risk and with huge financial rewards,
labor recruitment fraud often earns a guilty party
little more than a fine (in the few countries that

criminalize it). The practice of deceiving migrants language capabilities, with limited hours, and with
into traveling abroad for work—including the no effective services to which it can refer victims
prevalent requirement of large recruitment fees—is not only fails to protect victims, it also can create
a high-profit form of exploitation in many major a false sense of accomplishment, as officials may
labor sending countries. In its 2009 study titled believe that they have fulfilled their responsibilities
Cost of Coercion, the ILO estimated that up to $20 merely by setting up the phone number. Moreover,
billion can be extorted annually from these workers in some destination countries, much of the victim
worldwide. care is provided in shelters run by sending countries’
embassies. This is laudable, but if those shelters
No matter how well an individual country’s are not linked to law enforcement in sending and
laws address the issue of human trafficking, the receiving countries to ensure that abusers are
vulnerability of migrants highlights the necessity brought to justice and victims empowered, there
of international collaboration. Countries that rely is little hope of turning the tide of vulnerability
on remittances from their citizens abroad must and exploitation of future migrants.
take steps to educate emigrants about the potential
dangers and warning signs of trafficking and must Some source country governments, alarmed by
ensure proper oversight of recruitment agencies that the growing number of their citizens ending up
facilitate overseas employment. Receiving countries as trafficking victims in the labor export business,
need to adopt policies that assist them in detecting have taken steps that seek to prevent additional
whether foreign nationals immigrating for work may exploitation. Since the last TIP Report, the
be vulnerable to trafficking and to develop methods Philippine government began implementing its
of identifying those who may have already been 2010 Migrant Labor Law, which requires that a
victimized. In both cases, countries need to ensure labor market (destination country) be certified as
that if and when repatriation is appropriate, victims providing minimum protections for foreign workers.
can be safely reintegrated into their home countries. The Indonesian government imposed restrictions
on Indonesian women seeking to migrate to Saudi
Pre-departure briefings and hotlines are important, Arabia, Jordan, and Malaysia to work in domestic
but must be judged by their results rather than service given unacceptable levels of abuse already
their mere existence. A hotline without appropriate

Myths and misperceptions about trafficking in persons and its complexities continue to hinder governments’ ability
to identify victims, provide them the services they need, and bring their traffickers to justice. These challenges are
made worse by the unfortunate tendency to conflate human trafficking and human smuggling. Persistent practices,
including the following, contribute to this conflation:

Prevailing concerns about illegal immigration continue to guide governments’ initial responses to
potential trafficking victims. Trafficking indicators are missed and victims are wrongly classified as
illegal migrants and criminals.
Narrow definitions and continued stereotypes of trafficking as a problem confined to women and
girls in prostitution result in the mistreatment of other victims of trafficking. For example, instead of
receiving protective services they need, migrant men in forced labor may face immigration charges or
deportation if not identified as trafficking victims.
A focus solely on initial recruitment of migrant workers and prostituted individuals – whether or not
they consented to their situation – can impede the proper identification of subsequent trafficking.
Authorities often fail to look beneath the surface for possible indicators of forced labor, debt bondage or
sex trafficking.

The risk of conflation leading to the treatment of victims as criminals increases when responsibilities of anti-trafficking
enforcement and victim identification lie solely with immigration, as opposed to criminal justice, authorities. As
the anti-trafficking community continues to debunk these misperceptions, governments have an obligation to move
away from flawed and outdated interpretations of human trafficking that focus on the process of bringing someone
into exploitation, as opposed to the compelled service that often results after a migrant arrives in a country. Domestic
law enforcement, not border interdiction, is usually what catches traffickers and frees victims from modern slavery.

A growing number of companies are integrating
“corporate social responsibility” into their business
models and embracing the responsibility to protect
human rights, promote economic and social
development, and look after the environment.
Many have learned through experience that
ethical practices contribute to sustainable profits
and economic advantage, and benefit both
investors and employees. Globalization has led
to increasingly complex supply chains. While
challenging, supply chain monitoring enables
companies to manage risk while protecting
both their reputation and workers. Supply chain
traceability is becoming a business necessity and
initiatives like California’s Transparency in Supply
Chains Act mean companies can no longer afford
not to incorporate anti-trafficking measures into
their corporate policies.

Companies do not have to reinvent the wheel
in order to become good corporate citizens.
Advocates have collaborated on a number of
initiatives offering a wealth of proposals and ideas
to help companies begin to implement policies to
reduce the likelihood of modern slavery in their
corporate supply chains.

For example, Verite, a U.S.-based NGO, developed
a fair hiring toolkit that provides brands,
suppliers, governments, investors, NGOs, and documented in these countries. Although well-
auditors with guidance to support the responsible intentioned, such efforts may drive migration to
recruitment and hiring of migrant workers in illegal channels, making those who migrate more
global supply chains. End Human Trafficking vulnerable to exploitation and abuse. Moreover,
Now and UN.GIFT (the UN Global Initiative such efforts can be thwarted by competing business
to Fight Human Trafficking) partnered with interests, or competing labor exporting countries
Microsoft to create an e-learning tool for business can quickly fill any need for exploitable workers.
leaders, managers, and employees to identify the
risks of human trafficking in their supply chains There has been little commitment among major
and point to actions they can take to address this receiving states to address the excesses of their
risk. Generated by business, government, and civil migrant worker programs—called “sponsorship
society, the Luxor Implementation Guidelines systems” in the Middle East. Yet without the
facilitate integration of anti-trafficking values into participation of destination countries, regional and
corporate policies, while the multi-stakeholder international efforts on labor migration have been
driven Dhaka Principles outline measures for blunted in their effectiveness. Of note, the United
businesses to support migration with dignity. Arab Emirates (UAE) in 2008 initiated the Abu
Members of the socially responsible investment Dhabi Dialogue among migrant-labor sending and
community – the Interfaith Center on Corporate receiving states. Through the Abu Dhabi Dialogue,
Responsibility, Christian Brothers Investment the governments seek to foster policies that offer
Services, and Calvert Investments – cooperated greater transparency and protections for would-be
on a guide to effective supply chain accountability migrants for labor source countries. But others in the
to assist investors with implementation of the region need to overhaul their sponsorship systems,
California Transparency in Supply Chains Act. as well as expand and improve efforts to protect
these vulnerable workers. Other regional fora, such

“Someone who has gone through counseling
and psychosocial support can go through
that, can testify. They need to overcome
fear, they need to overcome the trauma.”
Asan Kasingye, Director of Interpol, Uganda

as Southeast Asia’s ASEAN, could take up the call
for uniform, region-wide standards to protect the
millions of Southeast Asian migrants originating or
working within this region. Far greater commitment
is needed among the governments of destination
countries to work with source governments to
promulgate meaningful standards to protect workers
from slavery and ensure that those who exploit
workers will face criminal justice. Without a much
greater international commitment to addressing can also incentivize businesses to adopt corporate
these issues, a new slave trade will continue to social responsibility policies, and policies that
operate in the shadows of the global labor market. adequately train inspectors can prove helpful in
early identification of situations that may lead to
labor exploitation. Such inspections, however, are
less successful in identifying victims of forced labor.
Key indicators of forced labor (such as psychological
Government authorities’ inspections of formal abuse and threats, coercion through threats of
worksites, such as factories or construction areas, financial harm, or sexual abuse) can often only be
can be effective in finding and liberating victims identified once a victim establishes confidence in
of forced child labor. Targeted inspection strategies the interviewer. Building such confidence is difficult

“These fishery operators are really fed up
with the same problem of their workers
running away even before they have
recouped the money they paid for them in
the registration process.”
Unnamed fishing company representative in Thailand, on workers
running away

during a brief inspection of a workplace. Research
on forced labor among migrant workers in East Asia
and the Middle East has found that many workers
face conditions of debt bondage and threats of abuse
of the legal process, particularly by threat of arrest
or deportation if they refuse to continue their work
or service. With this in mind, many workers do not
disclose their true conditions during standard labor
inspections, which in most developing countries are
usually conducted on premises and in the presence
of management.

On the other hand, hotlines, counseling centers, or
other avenues of recourse for migrant workers can
serve as effective means for identifying victims of
forced labor while offering them confidentiality.
Labor unions play a deterrent role by helping
ensure that exploitation does not occur in the first
place, lessening the likelihood that unscrupulous
managers will be able to take advantage of migrants
and other workers vulnerable to abuse. A victim is
much more likely to come forward once he or she
is presented with credible alternatives to staying in
the exploitative work environment, such as shelter,
legal aid, and—perhaps most importantly—the
possibility of receiving restitution or compensation
for lost wages and abusive conditions.

Effectively responding to modern slavery requires law enforcement measures informed by concerns for trafficking
victims’ rights. Anti-trafficking law enforcement actions, such as raids on suspected sites of exploitation, are often
essential for the identification and liberation of trafficking victims. Such raids, however, can negatively impact
the vulnerable populations that are meant to be helped. For instance, some trafficking victims have been arrested
for prostitution several times by law enforcement authorities’ vice squads before finally being correctly identified
as trafficking victims; some found the law enforcement interventions they experienced to be as distressing and
confusing as their trafficking experience. Victims who have been threatened by traffickers with police action
sometimes believe police action meant to protect them is actually directed against them.

Trafficking victims’ rights can also be compromised by shelters that lock up victims in order to ensure they will
testify during trials or to protect them from their traffickers. While victim testimony and security from re-trafficking
and retribution are important, detention of victims in shelters amounts to a deprivation of liberty, which is a
hallmark of the trafficking experience. Furthermore, many foreign national trafficking victims are desperate to
pay off the large loans taken to fund their migration and presumed employment, and government policy or shelter
rules may not facilitate their ability to find work during the judicial process. Employment is equally important
for victims without debt. As alternatives, governments should support victims to ease the burden of testifying;
police should be trained to assemble strong cases with supporting evidence that can withstand a lack of victim
testimony; and governments should support non-traditional modes of testimony, such as video testimony. While
these alternatives are under the purview of the government, civil society groups can help when governments face
resource constraints.

Key to balancing these human rights and law enforcement equities is maintaining a victim-centered approach
throughout criminal justice procedures in human trafficking cases. In Kosovo, for example, advocates represent
victims of trafficking from the time police officers bring them to the police station. These advocates explain legal
rights to victims, ensuring that they understand both what care is available and that they have the right to refuse
care. These rights are established in standard operating procedures for the treatment of trafficking victims. This
kind of collaboration between law enforcement and service providers can help ensure that anti-trafficking efforts
are effective and keep the appropriate focus on the victim.

ADAPTABLE, COMPREHENSIVE
VICTIM CARE
Just as the international norms of protecting
A survey of trafficking victims’ protections victims must be vigorously upheld, the practice of
around the world finds a number of countries providing victim services must be simultaneously
with limited resources that have nevertheless comprehensive and adaptable. Modern slavery
developed innovative methods to protect takes many forms that require caregivers to provide
victims. While the solutions vary, what they services reflecting the unique experiences of each
have in common are creative engagement with survivor. Even if two people endure identical abuse,
the private and non-profit sectors and high-level they may have very different needs.
political will to address human trafficking. A If shelters are to serve an integral role in a survivor’s
local population that recognizes and condemns recovery, they must be places of refuge, not detention
the trafficking problem as it exists on the ground centers. Some governments might opt to provide
is essential to forging effective partnerships. shelter to individual victims in temporary locations,
Widespread awareness of trafficking increases such as rented apartments or hotels, rather than
its visibility and importance to NGOs and in a central, structured shelter. While that may be
businesses, making them more receptive to the most practical option, governments should
partner with the government in assisting recognize that the needs of survivors go well
victims. Governments can raise public awareness beyond a safe place to stay. They frequently require
without large financial expenditures through medical care and counseling, legal advice, and social
media appearances and effective use of state services—not to mention the means to contact
news services. Those holding political office can and reunify with their loved ones, if they so desire.
also embrace human trafficking as one of their Victim care must be designed to anticipate common
national priorities, encouraging local media needs, while responding in a way that is adaptable
outlets to report on the problem and government to each individual’s situation.
efforts to fight it.
To create a victim services model that adequately
Where high levels of community awareness exist, supports sur vivors, governments must work
governments have effectively partnered with proactively to adopt best practices and to develop
organizations to improve services to human new and innovative efforts. In countries where a
trafficking victims. For example, in Aruba robust civil society plays a key role in advocacy and
where there is no shelter tailored specifically for the provision of services to victims, governments
trafficking victims, the government has initiated should forge partnerships to benefit from the
a public-private partnership with several hotels expertise of non-governmental organizations
for free or deeply discounted rooms for use as (NGOs) and other victim services providers and
emergency shelters when urgently needed. This advocates. Such activity should not be viewed as
program has worked well to provide temporary a way for governments to shift responsibility onto
shelter until long-term arrangements can be made. other parties, but instead as an opportunity to
Addressing another area of victim protection, the forge cooperative arrangements that will take full
Government of Antigua has developed a close advantage of the resources and support structures
working relationship with the local airports available. Adequate and consistent funding for
and airline companies to train staff to recognize victim services is a persistent challenge that must
trafficking indicators and obtain deep discounts be met with a commitment of all involved to work
on tickets for foreign victims voluntarily wishing and innovate together.
to return to their home country. In Rwanda, the
government supports an NGO that provides Additionally, as modern slavery affects a wide range
counseling to women in prostitution by offering of government concerns, all relevant government
a government-run community center as an agencies should work together to ensure streamlined
operating space. Innovative and low- or no-cost and effective provision of victim services. If the
measures like these present the potential for all agencies responsible for immigration, labor, and
governments to provide victim services when health care are not communicating, the ability to
large budgets are not available. identify and rescue victims, and to offer efficient and
flexible services, will be limited. And if the victim
care regime inexorably moves the identified victim
toward a preordained outcome of repatriation, the
law enforcement mission will suffer as well because
victims will be less willing or able to participate in
prosecutions of traffickers.

Without the appropriation of adequate resources, a
NEXT STEPS
government’s approach to victim services can not
be sufficiently effective, adaptable, or far-reaching. Every country is affected by trafficking in persons,
Around the world, a paucity of funding relative to and while some countries in this Report have met
the scale of the crime hinders those – both within the minimum standards, such an assessment does
and outside government – who strive to provide not mean a government has succeeded in eradicating
services to trafficking survivors. If governments modern slavery. Indeed, no country is doing enough
and the international community are serious about to end it. As long as the people who survive this
making counter-trafficking efforts a priority, it is crime do not see their traffickers brought to justice
critical that service providers have the consistent and are not able to rebuild their lives, no government
resources and support they need to get the job done. will be able to claim complete success in combating
modern slavery.

The modern global abolitionist movement is less
When victims of trafficking are identified, they often than a generation old. Success stories have shown
have complex needs that cannot all be met by one us that survivors are eager to overcome their trauma.
person or agency. It is necessary that government But to few victims are identified, not enough services
officials and service providers work together to are available to survivors, and too few traffickers
provide a full range of support, services, and receive criminal punishment. Many governments
protection. Law enforcement and other government around the world have enacted anti-trafficking laws;
officials should build relationships with NGOs the next steps in this struggle require governments
through task forces and community partnerships to implement those laws broadly and effectively.
in order to facilitate this collaboration. For example, Those who refuse to acknowledge the problem of
if law enforcement officials conduct a raid, NGO trafficking are being overtaken by the chorus of
partners can be on call to assist with housing governments, businesses, civil society, and men and
support, case management, and medical care. Law women around the world who are calling for action
enforcement officials and advocates can then work and demanding progress in meeting the enormous
together to provide appropriate safety planning for challenge that remains.
an individual or group.
Modern slavery is about people; and the way
The following are areas where a victim may the world chooses to fight it must also be about
need support: people—restoring their hopes, their dreams, and
most importantly, their freedom.
Protection from traffickers

Basic necessities, including food and clothing

Housing

Medical and mental health care

Legal services, including immigration and
criminal justice advocacy

Assistance in accessing public benefits

Orientation to the local community, public
transportation, and other life skills

Language skills training

Job training

Family reunification

What Is Trafficking In Persons?
“I urge all Americans to educate themselves
“Trafficking in persons” and “human trafficking”
have been used as umbrella terms for the act of about all forms of modern slavery and
recruiting, harboring, transporting, providing, the signs and consequences of human
or obtaining a person for compelled labor or
commercial sex acts through the use of force, fraud,
trafficking. Together, and in cooperation
or coercion. The Trafficking Victims Protection Act with our partners around the world, we
(TVPA) of 2000 (Pub. L. 106-386), as amended, can work to end this terrible injustice
and the Palermo Protocol describe this compelled
service using a number of different terms, including and protect the rights to life and liberty
involuntary servitude, slavery or practices similar entrusted to us by our forebears and owed
to slavery, debt bondage, and forced labor.
to our children.”
Human trafficking can include but does not require
movement. People may be considered trafficking U.S. President Barack Obama, December 30, 2011
victims regardless of whether they were born
into a state of servitude, were transported to the
exploitative situation, previously consented to
work for a trafficker, or participated in a crime as a When a child (under 18 years of age) is induced to
direct result of being trafficked. At the heart of this perform a commercial sex act, proving force, fraud,
phenomenon is the traffickers’ goal of exploiting or coercion against their pimp is not necessary for
and enslaving their victims and the myriad coercive the offense to be characterized as human trafficking.
and deceptive practices they use to do so. There are no exceptions to this rule: no cultural
or socioeconomic rationalizations should prevent
the rescue of children from sexual servitude. The
The Face of Modern Slavery use of children in the commercial sex trade is
prohibited both under U.S. law and by statute in
most countries around the world. Sex trafficking
When an adult is coerced, forced, or deceived into has devastating consequences for minors, including
prostitution – or maintained in prostitution through long-lasting physical and psychological trauma,
one of these means after initially consenting – disease (including HIV/AIDS), drug addiction,
that person is a victim of trafficking. Under such unwanted pregnancy, malnutrition, social ostracism,
circumstances, perpetrators involved in recruiting, and even death.
harboring, transporting, providing, or obtaining
a person for that purpose are responsible for
trafficking crimes. Sex trafficking also may occur
within debt bondage, as women and girls are Forced labor, sometimes also referred to as labor
forced to continue in prostitution through the use trafficking, encompasses the range of activities –
of unlawful “debt” purportedly incurred through recruiting, harboring, transporting, providing, or
their transportation, recruitment, or even their obtaining – involved when a person uses force or
crude “sale” – which exploiters insist they must physical threats, psychological coercion, abuse
pay off before they can be free. A person’s initial of the legal process, deception, or other coercive
consent to participate in prostitution is not legally means to compel someone to work. Once a person’s
determinative: if one is thereafter held in service labor is exploited by such means, the person’s
through psychological manipulation or physical previous consent or effort to obtain employment
force, he or she is a trafficking victim and should with the trafficker becomes irrelevant. Migrants
receive benefits outlined in the Palermo Protocol are particularly vulnerable to this form of human
and applicable domestic laws. trafficking, but individuals also may be forced into
labor in their own countries. Female victims of
forced or bonded labor, especially women and girls
in domestic servitude, are often sexually exploited
as well.

workers, is conducive to exploitation because
One form of coercion is the use of a bond or debt. authorities cannot inspect homes as easily as they
U.S. law prohibits the use of a debt or other threats can compared to formal workplaces. Investigators
of financial harm as a form of coercion and the and service providers report many cases of untreated
Palermo Protocol requires its criminalization as a illnesses and, tragically, widespread sexual abuse,
form of trafficking in persons. Some workers inherit which in some cases may be symptoms of a situation
debt; for example, in South Asia it is estimated that of involuntary servitude.
there are millions of trafficking victims working
to pay off their ancestors’ debts. Others fall victim
to traffickers or recruiters who unlawfully exploit
an initial debt assumed as a term of employment. Although children may legally engage in certain
forms of work, forms of slavery or slavery-like
Debt bondage of migrant laborers in their countries practices continue to exist as manifestations of
of origin, often with the support of labor agencies human trafficking, despite legal prohibitions and
and employers in the destination country, can widespread condemnation. A child can be a victim
also contribute to a situation of debt bondage. of human trafficking regardless of the location of
Such circumstances may occur in the context of that nonconsensual exploitation. Some indicators of
employment-based temporary work programs when possible forced labor of a child include situations in
a worker’s legal status in the country is tied to the which the child appears to be in the custody of a non-
employer and workers fear seeking redress. family member who requires the child to perform
work that financially benefits someone outside
the child’s family and does not offer the child the
option of leaving. Anti-trafficking responses should
Involuntary domestic servitude is a form of human supplement, not replace, traditional actions against
trafficking found in unique circumstances—informal child labor, such as remediation and education.
work in a private residence—these circumstances When children are enslaved, however, their abusers
create unique vulnerabilities for victims. Domestic should not escape criminal punishment by taking
workplaces are informal, connected to off-duty living weaker administrative responses to child labor
quarters, and often not shared with other workers. practices.
Such an environment, which can isolate domestic

child soldiers are often sexually abused and are
“I always felt like a criminal. I never felt at high risk of contracting sexually transmitted
diseases.
like a victim at all. Victims don’t do time
in jail, they work on the healing process.
I was a criminal because I spent time in
jail.”
“Tonya,” trafficking survivor in the United States

Child soldiering is a manifestation of human
trafficking when it involves the unlawful recruitment
or use of children – through force, fraud, or coercion
– by armed forces as combatants or other forms of
labor. Some child soldiers are also sexually exploited
by armed groups. Perpetrators may be government
armed forces, paramilitary organizations, or rebel
groups. Many children are forcibly abducted to be
used as combatants. Others are unlawfully made to
work as porters, cooks, guards, servants, messengers,
or spies. Young girls can be forced to marry or have
sex with male combatants. Both male and female

CHILD SOLDIERS
2012 TRA FFI CKI N G IN PE R S O N S R E PO R T

The Child Soldiers Prevention Act of 2008 (CSPA) was signed into law on December 23, 2008 (Title IV of Pub. L.
110-457) and became effective on June 21, 2009. The CSPA requires publication in the annual TIP Report of a list
of foreign governments identified during the previous year as having governmental armed forces or government-
supported armed groups that recruit and use child soldiers, as defined in the Act. These determinations cover
the reporting period beginning March 1, 2011 and ending February 29, 2012.

For the purpose of the CSPA, and generally consistent with the provisions of the Optional Protocol to the
Convention on the Rights of the Child on the involvement of children in armed conflict, the term “child
soldier” means:

(i) any person under 18 years of age who takes a direct part in hostilities as a member of governmental
armed forces;
(ii) any person under 18 years of age who has been compulsorily recruited into governmental armed
forces;
(iii) any person under 15 years of age who has been voluntarily recruited into governmental armed forces;
or
(iv) any person under 18 years of age who has been recruited or used in hostilities by armed forces distinct
from the armed forces of a state.

The term “child soldier” includes any person described in clauses (ii), (iii), or (iv) who is serving in any capacity,
including in a support role such as a cook, porter, messenger, medic, guard, or sex slave.

Governments identified on the list are subject to restrictions, in the following fiscal year, on certain security
assistance and commercial licensing of military equipment. The CSPA prohibits the following forms of assistance
to governments that are identified in the list: international military education and training, foreign military
financing, excess defense articles, section 1206 assistance, and the issuance of licenses for direct commercial sales
of military equipment. Beginning October 1, 2012 and effective throughout FY 2013, these types of assistance
will be prohibited to the countries listed, absent a presidential national interest waiver, applicable exception, or
reinstatement of assistance pursuant to the terms of the CSPA.

The determination to include a government in the CSPA list is informed by a range of sources, including first-
hand observation by U.S. government personnel and research and reporting from various United Nations entities,
international organizations, local and international NGOs, and international media outlets.

The 2012 CSPA List includes governments in the following countries:

1. Burma 5. Somalia
2. Libya 6. Sudan
3. Democratic Republic of the Congo 7. Yemen
4. South Sudan

In March 2012, the International Criminal Court (ICC) convicted Congolese warlord Thomas Lubanga (pictured
on page 37) for enlisting or conscripting children under the age of 15 in 2002 and 2003 during the conflict in
eastern Democratic Republic of Congo. As the leader of the Union of Congolese Patriots (UPC) and its armed
wing, Lubanga was responsible for enlisting or conscripting boys and girls under the age of 15 – some as young as
nine-years-old – to act as soldiers and bodyguards. Others were forced into sexual servitude. Lubanga’s conviction
is the first verdict issued by the ICC; he faces a maximum sentence of life imprisonment.

In April 2012, the UN-backed Special Court for Sierra Leone in The Hague convicted former President of Liberia
Charles Taylor (pictured on page 37) of 11 counts of war crimes and crimes against humanity, including the
conscripting, enlisting, and using of child soldiers under the age of 15. Taylor was found guilty of aiding and
abetting the Revolutionary United Front (RUF) and Armed Forces Revolutionary Council (AFRC) in the commission
of such crimes between 1996 and 2002 during Sierra Leone’s civil war; the court’s judgment held him criminally
liable for his participation in these crimes from Liberia. He is the first former head of state to be convicted by
an international court for the use of child soldiers. In May 2012, he was sentenced to 50 years’ imprisonment as
punishment for his role in these atrocities.
36

Methodology Tier Placement
The Department of State prepared this Report using The Department places each country in the 2012
information from U.S. embassies, government TIP Report onto one of four tiers, as mandated by
officials, nongovernmental and international the TVPA. This placement is based more on the
organizations, published reports, news articles, extent of government action to combat trafficking
academic studies, research trips to every region of than on the size of the problem. The analyses are
the world, and information submitted to tipreport@ based on the extent of governments’ efforts to reach
state.gov. This email address provides a means by compliance with the TVPA’s minimum standards for
which organizations and individuals can share the elimination of human trafficking (see page 388),
information with the Department of State on which are consistent with the Palermo Protocol.
government progress in addressing trafficking.

U.S. diplomatic posts and domestic agencies reported
on the trafficking situation and governmental action “Migrant workers from Nepal and other
to fight trafficking based on thorough research
that included meetings with a wide variety of countries are like cattle in Kuwait.
government officials, local and international Actually, cattle are probably more
NGO representatives, officials of international
organizations, journalists, academics, and survivors.
expensive than migrant workers there.
U.S. missions overseas are dedicated to covering No one cares whether we die or are killed.
human trafficking issues. Our lives have no value.”
Nepalese man trafficked to Kuwait, during an interview with
Amnesty International

While Tier 1 is the highest ranking, it does not
mean that a country has no human trafficking
problem. Rather, a Tier 1 ranking indicates that
a government has acknowledged the existence of
human trafficking, has made efforts to address the
Over the last year, a series of media, government, problem, and meets the TVPA’s minimum standards.
and NGO investigations have drawn attention Each year, governments need to demonstrate
to the high prevalence of forced labor on fishing appreciable progress in combating trafficking to
boats around the world. Oftentimes, forced maintain a Tier 1 ranking. Indeed, Tier 1 represents
labor appears alongside illegal, unreported, a responsibility rather than a reprieve. A country is
and unregulated fishing that international never finished with the job of fighting trafficking.
organizations have identified as threatening
Tier rankings and narratives in the 2012 TIP Report
food security and the preser vation of
reflect an assessment of the following:
marine resources. The March 2012 report of
a ministerial inquiry commissioned by the enactment of laws prohibiting severe forms of
New Zealand government found that migrant trafficking in persons, as defined by the TVPA,
laborers recruited in Indonesia alleged physical and provision of criminal punishments for
and psychological abuses as well as severe trafficking offenses;
underpayment or nonpayment of wages by
Korean fishing vessels operating under contract criminal penalties prescribed for human
to New Zealand companies. Other reports trafficking offenses with a maximum of at
received during the year indicate that the least four years’ deprivation of liberty, or a
Thai fishing fleet operating in open waters more severe penalty;
committed horrendous abuses of foreign crew implementation of human trafficking laws
members. through vigorous prosecution of the prevalent
forms of trafficking in the country;
For years, the fishing industry has targeted
proactive victim identification measures
vulnerable populations. In the case of boats
with systematic procedures to guide law
operating in New Zealand’s Exclusive Economic
enforcement and other government-supported
Zone, abuse allegedly begins when an
front-line responders in the process of victim
Indonesian recruiter persuades a worker in his
identification;
home country to sign a contract to work aboard
one of the vessels. Once on the boats, some government funding and partnerships with
victims are forced by senior crew employed by NGOs to provide victims with access to primary
fishing corporations to work 18 or more hours health care, counseling, and shelter, allowing
per day, threatened, prevented from leaving the them to recount their trafficking experiences to
boat, and in some instances were exposed to trained social counselors and law enforcement
physical abuse or sexual harassment. Living in an environment of minimal pressure;
quarters are cramped with little or no heating,
fresh water is scarce, and food supplies are
rationed and hidden away from crew members.
Medical treatment for sick or injured victims
can be inadequate.

Seafood caught by these vessels ends up in
freezers and shelves in grocery stores and
restaurants, and eventually on a consumer’s
plate. Because some purchasers of fish on the
international market do not monitor their
supply chains for slave labor, including the
crew recruitment processes and treatment of
fishermen on chartered vessels, an estimated
44.9 million people directly engaged in the
fishing industry will continue to remain
vulnerable to human trafficking.

This Report includes recent reports of the abuse of deaf domestic workers in the United Kingdom, addicts forced to
labor in fields in the United States, people with mental illnesses and developmental disabilities enslaved in Chinese
kilns, and persons with developmental disabilities forced to work as peddlers on the streets of India. Persons with
disabilities remain one of the groups most at risk of being trafficked. Due to disability-based discrimination and
exclusion common in many places, however, governments often ignore this risk factor or fail to make provisions
for persons with disabilities as part of anti-trafficking efforts.

The stigma and marginalization of a person with disabilities creates a particular vulnerability. For example, parents
who see no hope of jobs or marriage for their disabled children may place those children in exploitative situations with
the intent of shedding a “burden” or seeking income. Where schools fail to accommodate students with disabilities,
high drop-out rates leave them on the streets and at much higher risk of being trafficked in forced begging or other
criminal activities. The commonly held view that persons with disabilities are not sexually active increases the risk
of sex trafficking for persons with disabilities, especially disabled women and girls. For example, a Global HIV/
AIDS survey conducted by the World Bank and Yale University showed that women and girls with disabilities were
assumed to be virgins and thus targeted for forced sex, including by HIV-positive individuals who believed that
having sex with a virgin would cure them.

Societal barriers limit the access of persons
with disabilities to systems of justice. Lack
of training of police, prosecutors, and judges
on how to accommodate persons with
disabilities (through, for example, sign language
interpreters, plain language, and physical
access) can leave victims with disabilities unable
to provide effective statements and report
the abuse they have endured. Laws expressly
prohibiting people with disabilities from being
witnesses, especially those who are blind, deaf,
or have mental or developmental disabilities,
leave such victims excluded from processes
that should provide them with redress. Even
when the justice system is not to blame,
societal prejudices that devalue or discount
the experiences of persons with disabilities can
mean that their evidence is given less weight,
and that sentences given to perpetrators may
be lower than comparable cases where non-
disabled people are the victims. This exclusion
of persons with disabilities from the justice
system in turn contributes to their being
targeted by traffickers, who might assume that
such victims will be less likely to raise an alarm
or seek help.

Even in instances in which victims of trafficking
do not have disabilities, the experience of being
trafficked substantially increases the risk of
victims acquiring disabilities as a result of
physical and psychological trauma. It is thus
essential that victim service programs include
resources for those with a wide range of physical,
sensory, learning, mental, and developmental
disabilities.

victim protection efforts that include access
to services and shelter without detention and Countries where governments do not fully comply
with legal alternatives to removal to countries with the T VPA’s minimum standards, but are
in which victims would face retribution or making significant efforts to bring themselves into
hardship; compliance with those standards, and whose:
the extent to which a government ensures
a) the absolute number of victims of severe
victims are provided with legal and other
forms of trafficking is very significant or is
assistance and that, consistent with domestic
significantly increasing;
law, proceedings are not prejudicial to victims’
rights, dignity, or psychological well being; b) there is a failure to provide evidence of
the extent to which a government ensures increasing efforts to combat severe forms of
the safe, humane, and to the extent possible, trafficking in persons from the previous
voluntary repatriation and reintegration of year, including increased investigations,
victims; and, prosecution, and convictions of trafficking
crimes, increased assistance to victims, and
governmental measures to prevent human
decreasing evidence of complicity in severe
trafficking, including efforts to curb practices
forms of trafficking by government officials;
identified as contributing factors to human
or
trafficking, such as employers’ confiscation
of foreign workers’ passports and allowing c) the determination that a country is making
labor recruiters to charge prospective migrants significant efforts to bring itself into
excessive fees. compliance with minimum standards was
based on commitments by the country to
Tier rankings and narratives are NOT affected by
take additional steps over the next year.
the following:

effor ts, however laudable, under taken
exclusively by non-governmental actors in
the country;
general public awareness events – government-
sponsored or otherwise – lacking concrete ties
to the prosecution of traffickers, protection
of victims, or prevention of trafficking; and,
broad-based law enforcement or developmental
initiatives.

A Guide To The Tiers

Countries whose governments fully comply with
the TVPA’s minimum standards for the elimination
of trafficking.

Countries whose governments do not fully comply
with the T VPA’s minimum standards but are
making significant efforts to bring themselves into
compliance with those standards.

In April 2011, the EU passed a new comprehensive anti-trafficking Directive (21011/36/EU of the European
Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and
protecting its victims) defining human trafficking and setting standards for member states’ responses to trafficking.
Similar to the Minimum Standards for the Elimination of Trafficking of the TVPA, the standards set forth in the
EU Directive require member states to criminalize all forms of trafficking and to assign significant penalties
for trafficking offenses. Member states must investigate and prosecute trafficking cases without depending on
victim testimony and may continue their investigations and prosecutions even when victims have withdrawn
their statements. The Directive also requires member states to extend certain protections to trafficking victims,
including appropriate assistance and support not conditioned on the victims’ willingness to cooperate in criminal
proceedings, and to ensure that victims of trafficking are not prosecuted for crimes they were compelled to commit.
In addition, it requires that special measures be put in place to provide child trafficking victims with specialized
care and support. Further, the Directive requires that member states establish provisions to prevent secondary
victimization of victims during the law enforcement process. Finally, Member states are obliged to establish a
national rapporteur or equivalent to assess trends and government actions to address trafficking, including the
measuring of results of anti-trafficking actions and the gathering of statistics, in close cooperation with civil society.
If implemented by member states, these new provisions carry a significant promise for enhanced investigations
of trafficking and protection of its victims.

The Universal Declaration of Human Rights (UDHR) not only prohibits slavery and involuntary servitude (Art.
4), but also sets forth a number of other protections relevant to global efforts to address human trafficking. Some
of these provisions, such as the guarantees of freedom of movement (Art. 13), freedom from forced marriage (Art.
16), and free choice of employment (Art. 23), protect victims and those who may be vulnerable to trafficking.
Others, such as Article 11, provide baseline protections for the accused in criminal proceedings. Done correctly,
law enforcement action can achieve not only the criminal justice goals of deterrence and punishment, but also
fairness, due process, and the ability of crime victims to see their abusers brought to justice. Indeed, these goals
are not in conflict.

In striving to implement best practices to address trafficking, and consistent with the standards of the UDHR, the
Palermo Protocol, and the TVPA’s minimum standards for the elimination of trafficking, governments should act
in accordance with the UDHR’s admonition in Article 11 that “[e]veryone charged with a penal offence has the
right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the
guarantees necessary for his defence.” It is critical for countries to have clear and well-constructed trafficking laws,
with elements of the offense that can be understood by police, courts, parties, civil society, and at-risk persons. It
is also imperative that when governments vigorously enforce those laws, they apply them fairly based on careful
and thorough investigation and in proceedings that protect the due process rights of the accused.

In recent years the victims’ rights movement has made great strides in ensuring that those against whom a
crime was committed are not then re-victimized by the very judicial system that should be protecting them.
The re-traumatization possible in judicial proceedings can be minimized by a number of best practices, such as
alternatives to in-person testimony or use of pseudonyms, access to a victim advocate, and the right to be heard
in court proceedings, especially at sentencing. Moreover, vigorous victim identification mechanisms and use of
prosecutorial discretion can identify and protect arrestees who may have committed crimes, as a result of having
been trafficked.

Incorporating these rights-based best practices into the judicial process allows for better law enforcement training
and increased victim identification, and ensures that the right people are brought to justice. The result? Justice
for all, and the enhanced legitimacy of the governments’ efforts to fight against modern slavery through systems
that meet the fundamental rights and needs of all those involved.

The T VPA lists additional factors to determine
“I walk around and carry the physical whether a country should be on Tier 2 (or Tier
scars of the torture you put me through. 2 Watch List) versus Tier 3. First, the extent to
which the country is a country of origin, transit,
The cigarette burns, the knife carvings, the or destination for severe forms of trafficking. Second,
piercings … how a human being can see the extent to which the country’s government does
not comply with the TVPA’s minimum standards
humor in the torture, manipulation, and and, in particular, the extent to which officials
brainwashing of another human being is or government employees have been complicit in
beyond comprehension. You have given me severe forms of trafficking. And third, reasonable
measures required to bring the government into
a life sentence.” compliance with the minimum standards in light
of the government’s resources and capabilities to
Victim of sex trafficking in the United States, to her trafficker
at his sentencing address and eliminate severe forms of trafficking
in persons.

A 2008 amendment to the T VPA provides that
any country that has been ranked Tier 2 Watch
Countries whose governments do not fully comply List for two consecutive years and that would
with the TVPA’s minimum standards and are not otherwise be ranked Tier 2 Watch List for the next
making significant efforts to do so. year will instead be ranked Tier 3 in that third
year. This automatic downgrade provision came

into effect for the first time in last year’s report. Imposed sanctions will take effect upon the
The Secretary of State is authorized to waive the beginning of the U.S. Government’s next Fiscal
automatic downgrade based on credible evidence Year—October 1, 2012—however, all or part of the
that a waiver is justified because the government TVPA’s sanctions can be waived if the President
has a written plan that, if implemented, would determines that the provision of such assistance to
constitute making significant efforts to comply with the government would promote the purposes of the
the TVPA’s minimum standards for the elimination statute or is otherwise in the United States’ national
of trafficking and is devoting sufficient resources interest. The TVPA also provides for a waiver of
to implement the plan. The Secretary can only sanctions if necessary to avoid significant adverse
issue this waiver for two consecutive years. After effects on vulnerable populations, including women
the third year, a country must either go up to Tier and children.
2, or down to Tier 3. Governments subject to the
automatic downgrade provision are noted as such No tier ranking is permanent. Each country, including
in the country narratives. the United States, can do more. All countries must
maintain and increase efforts to combat trafficking.

Penalties for Tier 3 Countries
Pursuant to the TVPA, governments of countries
on Tier 3 may be subject to certain sanctions, “I told my agents we’re going to treat this
whereby the U.S. government may withhold or little girl like she was our own daughter.
withdraw nonhumanitarian, non-trade-related
foreign assistance. In addition, countries on Tier 3
We’re going to hunt this little girl down
may not receive funding for government employees’ and get her out of this trailer. [When we
participation in educational and cultural exchange found her], I told her we’d been in touch
programs. Consistent with the TVPA, governments
subject to sanctions would also face U.S. opposition with her sister and I shook her hand and I
to assistance (except for humanitarian, trade-related, just gently led her right out the door.”
and certain development-related assistance) from
international financial institutions such as the Ken Burkhart, U.S. Immigration and Customs Enforcement agent,
International Monetary Fund and the World Bank. describing the liberation of a Latin American sex trafficking victim

GLOBAL LAW ENFORCEMENT DATA
The Trafficking Victims Protection Reauthorization Act (TVPRA) of 2003 added to the original law a
new requirement that foreign governments provide the Department of State with data on trafficking
investigations, prosecutions, convictions, and sentences in order to be considered in full compliance
with the TVPA’s minimum standards for the elimination of trafficking (Tier 1). The 2004 TIP Report
collected this data for the first time. The 2007 TIP Report showed for the first time a breakout of the
number of total prosecutions and convictions that related to labor trafficking, placed in parentheses.

YEAR PROSECUTIONS CONVICTIONS VICTIMS NEW OR AMENDED
IDENTIFIED LEGISLATION

2004 6,885 3,026
2005 6,178 4,379 40
2006 5,808 3,160 21
2007 5,682 (490) 3,427 (326) 28
2008 5,212 (312) 2,983 (104) 30,961 26
2009 5,606 (432) 4,166 (335) 49,105 33
2010 6,017 (607) 3,619 (237) 33,113 17
2011 7,206 (508) 4,239 (320) 41,210 15
The above statistics are estimates only, given the lack of uniformity in national reporting structures. The numbers in parentheses are those of labor trafficking
prosecutions and convictions.

44

On June 1, 2012, the International Labor Organization released its second global estimate of forced labor, which
represents what the U.S. Government considers to be covered by the umbrella term “trafficking in persons.” Relying
on an improved methodology and greater sources of data, this report estimates that modern slavery around the
world claims 20.9 million victims at any time.

The ILO’s first estimate of forced labor, in 2005, was 12.3 million victims of forced labor
and sex trafficking.

Unlike the 2005 estimate, this new finding does not disaggregate human trafficking victims as a subset
of the global forced labor estimate. This recognizes that human trafficking is defined by exploitation,
not by movement.

The ILO estimates that 55 percent of forced labor victims are women and girls, as are
98 percent of sex trafficking victims.

The ILO identified a higher percentage of sex trafficking victims, than in the 2005 Report.

By region, the Asia and the Pacific region (which includes South Asia) remains largest in terms
of number of victims, though the estimate of trafficking victims in Africa has grown since the
2005 estimate.

Regional Figures
Persons in Forced Labor

4.2
4.0
3.4
3.3 State-imposed forced labor:
3.1 Sexual exploitation:
Labor exploitation:
1.5

Each year, the Department of State honors individuals around the world who have devoted their lives to
the fight against human trafficking. These individuals are NGO workers, lawmakers, police officers, and
concerned citizens who are committed to ending modern slavery. They are recognized for their tireless efforts
– despite resistance, opposition, and threats to their lives – to protect victims, punish offenders, and raise
awareness of ongoing criminal practices in their countries and abroad.

A s a prosec utor and D e spite a f u l l- t i me
head of the Specialized job as deput y police
Office for Investigation of commissioner of Aruba,
Kidnapping and Trafficking Jeannette R ichardson-
in Persons’ cases (UFASE), Baars devotes countless
Marcelo Colombo has extra hours to ensure Aruba
undertaken significant efforts to improve and achieves results in combating human trafficking.
institutionalize procedures for the investigation of Under Mrs. Richardson-Baars’s leadership, Aruba’s
human trafficking cases. interagency committee has uncovered both labor and
sex trafficking cases, and shown serious commitment
While working in the UFASE, Mr. Colombo has and political will through effective governmental
improved data collection, formulated and distributed policies to rescue victims and prosecute traffickers.
guidance on trafficking investigation best practices,
and raised awareness and trained investigators. He Although she had no specific budget assigned to
oversaw the creation of a database containing all her, Mrs. Richardson-Baars did not allow limited
trafficking in persons’ cases, helped law enforcement financial or human resources to become obstacles
officers and prosecutors detect regional and socio- to anti-trafficking efforts. Using her own computer,
economic trends, and established an on-line resource she launched a multi-faceted public awareness
available for prosecutors on legal doctrine and campaign that was translated into various languages
jurisprudence to facilitate human trafficking case and displayed posters prominently all over the
preparation. Mr. Colombo has improved institutional island. The campaign resulted in reports by the
cooperation within the government by formalizing public of several possible trafficking situations. Mrs.
partnerships with the judiciary’s Office for Women Richardson-Baars sought creative solutions to help
and the executive’s Ministry of Security and Office victims on this small island, where anonymity is a
of Rescue to ensure best practices are implemented challenge, by utilizing a Kingdom of the Netherlands-
in rescue operations. wide Memorandum of Understanding (MOU) to
shelter victims of trafficking elsewhere. She takes
Mr. Colombo has profoundly inf luenced anti- a collaborative and transparent approach to her
trafficking efforts in Argentina, including the first work, sharing best practices at international forums
human trafficking conviction in November 2009, the and speaking openly about challenges, including
conviction of 19 traffickers in 2011, and the draft complicity of public servants. Her courage to address
bill to amend the anti-trafficking law approved by human trafficking in a frank and constructive way
the Senate in 2011. Last year, Mr. Colombo took a stands out among other tourism-based islands,
public stand against official complicity in human where fear of reporting bad news may hamper a
trafficking, charging 75 federal police officers proactive approach to the issue.
with the crime and filing similar actions against
policemen in other districts. While the courts
have not yet rendered judgment on the cases, his
action was one of many examples of his courage in
combating human trafficking.

starved, and tortured. Mr. Prum escaped with

2 0 1 2 T IP R E PO R T H EROES
Anne Gallagher
another fisherman by jumping off the boat and
Australia swimming four kilometers to shore when the boat
was anchored off Malaysian Borneo. According to
As an international civil his account, upon attempting unsuccessfully to
servant, legal practitioner, obtain help returning to Cambodia, he was sold
teacher, and scholar, Dr. by corrupt officials to a palm oil plantation. After
Anne Gallagher, Officer several months of forced labor on the plantation,
of the Order of Australia an altercation with another worker landed him
(AO), has exercised major in detention. While in detention, he was able to
influence over the development of international law establish contact with Malaysian and Cambodian
and policy on trafficking. Dr. Gallagher was a United human rights NGOs, which collaborated to have
Nations official from 1992 to 2003, and served as Mr. Prum repatriated to Cambodia, though not
Advisor on Trafficking to the UN High Commissioner until he had spent several additional months in
for Human Rights, from 1998 to 2002. During this detention. Since then, Mr. Prum has been committed
time she represented the High Commissioner at to ending human trafficking and has worked to
negotiations on the Trafficking Protocol and guided raise awareness on human trafficking for labor
the development of the UN Principles and Guidelines exploitation in the Thai fishing industry through a
on Human Rights and Human Trafficking. series of drawings that recreate his experience. Mr.
Prum has been interviewed about his experience
Since 2003, Dr. Gallagher has led an ambitious and anti-human trafficking efforts by Radio Free
program, funded by the Australian Agency for Asia and has appeared in a Human Trafficking
International Development, aimed at strengthening awareness video produced by MTV Exit.
legislative and criminal justice responses to
trafficking in Southeast Asia. This initiative has
been widely acclaimed for its positive impact on
laws, policies and practices within and outside the
Raimi Vincent
Association of Southeast Asian Nations (ASEAN)
Paraiso
region. Dr. Gallagher has made a substantial and
highly appreciated contribution to identifying Republic of Congo
the core elements of an effective criminal justice
response to trafficking – one that seeks to both end
Raimi Vincent Paraiso,
impunity of traffickers and secure justice for victims.
coordinator of the Pointe
Dr. Gallagher is considered the leading global expert
Noire-based NGO ALTO,
on the international law on human trafficking.
works tirelessly to improve
In June 2012 she was appointed AO, Australia’s
the lives of child trafficking
second-highest civic honor. This appointment was
and forced labor victims in Pointe-Noire. Mr. Paraiso
made for her “distinguished service to the law and
has more than five years of experience in providing
human rights, as a practitioner, teacher and scholar,
assistance to trafficking victims in the Republic of
particularly in areas of human trafficking responses
the Congo, and is a source of information on human
and criminal justice.” She is the author of numerous
trafficking for the Congolese government, embassies,
scholarly publications, including The International
and international organizations. His efforts to
Law of Human Trafficking, published by Cambridge
identify and provide aid to victims have resulted
University Press in 2010.
in threats and acts of violence against him and his
wife from traffickers in the Beninese community of
Pointe-Noire. But despite his fears that his life is in
jeopardy, he continues to identify and support an
vannak Anan increasing number of trafficking victims each year.
Prum
Cambodia In 2011, in partnership with the Congolese
government and alongside colleagues in ALTO,
Mr. Paraiso identified 57 trafficking victims. He
Vannak Anan Prum was also communicated with Ministry of Social Affairs
lured to Thailand by the and Humanitarian Action and police authorities
promise of a lucrative job, to coordinate the victims’ protection, and traveled
but instead was deceived with several children during their repatriation to
by a labor broker. He was Benin. Mr. Paraiso joined the Government of the
forced to work on a Thai fishing boat from 2005 Republic of Congo delegation in Benin to develop
to 2009 in slave-like conditions, never receiving and validate an action plan for the 2011 Republic of
a salary. During this time he was mistreated, Congo-Benin anti-trafficking cooperation agreement.
47

sexual servitude, in addition to being tortured for
Philip hyldgaard
ransom payments, in the Sinai.
Greece
Sister Aziza’s perseverance, heartfelt concern, and
Philip Hyldgaard is one willingness to listen to countless hours of interviews
of the most prominent enabled many victims to open up about their
anti-human trafficking experiences of rape, torture, kidnapping, forced
NGO leaders in Greece. labor, and sexual slavery. Whereas previously
As European Operations little was known of the specific atrocities in Egypt,
Manager for The A 21 these documented first-hand accounts have led
Campaign, an NGO dedicated to fighting human to widespread international media reporting and
trafficking, Mr. Hyldgaard guided the launch of The attention to human trafficking in the region. The
A21 Campaign in Greece and facilitated the opening State Department has relied on the work of Sister
of The A21 Campaign’s first shelter for victims of Aziza and PHR-I to promote awareness of this
trafficking. Because of his dedication to victim important issue.
protection and support, The A21 Campaign was
able to offer shelter to 21 victims of sex trafficking
in 2011. These victims also received vocational
training, computer skills, life and education guidance,
counseling, and access to legal assistance through Maria Grazia
its transition program, Empower. Giammarinaro

Mr. Hyldgaard’s vision and guidance have led to Italy
the establishment of a nationwide hotline to report
suspected cases of human trafficking and to increase
Since January 2010, Maria
awareness among government officials, students,
Grazia Giammarinaro
and the general public in Greece about the scourge
has served as the OSCE
of human trafficking. Under his leadership, The A21
Special Representative
Campaign continues to work tirelessly to educate and
and Coordinator for
enlist new partners through its growing internship
Combating Trafficking in Human Beings. Her
program and various outreach and awareness-
leadership has transformed the OSCE’s anti-human
raising initiatives. His energy and commitment
trafficking efforts across the OSCE. In 2011, she
have helped expand The A21 Campaign to other
traveled to 16 countries to engage with government
countries including Bulgaria, the Ukraine, the UK,
officials, members of parliament, law enforcement,
and the United States.
judiciary, and civil society on human trafficking.
Dr. Giammarinaro has focused intensively on
labor exploitation and domestic servitude. She
has facilitated research, scheduled for release in
2012, on codes of conduct in the private sector to
Azezet Habtezghi
reduce demand for services of or goods produced
Kidane
by victims of trafficking.
Israel
Dr. Giammarinaro shepherded the Ministerial
Azezet Habtezghi Kidane, Declaration on combating trafficking to adoption
also known as Sister at the Vilnius Ministerial 2011. She has strengthened
A ziza, is a member of the OSCE’s partnership through the Alliance against
the Comboni Missionary Trafficking in Persons, an informal platform of
Sisters from Eritrea who advocacy including UN agencies, international
volunteers as a nurse for the NGO Physicians for organizations, social partners, and international
Human Rights-Israel (PHR-I). During the past two NGOs dealing with human rights and trafficking.
years she has called attention to human trafficking Dr. Giammarinaro has been a judge at the Criminal
in Sinai, Egypt, including sexual slavery and the Court of Rome since 1991. Prior to joining the OSCE,
torture of thousands of African asylum seekers. Her she was instrumental in the development of the
work led to a groundbreaking research project that Italian legislation against trafficking in persons, the
has interviewed hundreds of victims living in Israel. 2005 Council of Europe Convention, and the 2011
This painstaking work was accomplished by the EU Directive on trafficking. She also coordinated
devotion of Sister Aziza who helped identify men, the European Commission Group of Experts on
women, and children who had been kidnapped, Trafficking in Human Beings.
repeatedly raped, or subjected to forced labor and

48

Gary Haugen

2 0 1 2 T IP R E PO R T H EROES
Fatimata M’Baye
Mauritania United States

Fat imata M’Baye has As President and CEO
demonstrated consistent of International Justice
and courageous advocacy Mission (IJM), the human
for human rights over rights organization he
three decades. Ms. M’Baye founded in 1997, Gary
is an attorney and the Haugen has built a global
president and co-founder of the human rights team of hundreds of lawyers, investigators, and social
NGO Mauritanian Association for Human Rights, workers. Directed by their faith and commitment
Association Mauritanienne des Droits de l’Homme to global justice, IJM staff partner with local
(AMDH). As president of AMDH, Ms. M’Baye has governments to rescue and provide aftercare for
assumed a proactive role in garnering support for the victims and to hold traffickers accountable under
rule of law and for efforts to protect disenfranchised local law. Before founding IJM, Mr. Haugen served
and vulnerable individuals, including human as a trial attorney in the U.S. Department of
trafficking victims. Justice’s Civil Rights Division, where he directed
investigations into police misconduct, and served
Despite being imprisoned several times and facing as Officer in Charge of the UN investigation in the
state-sponsored racism against Afro-Mauritanians aftermath of the Rwandan genocide.
during the events of 1989-1991 known as the passif
humanitaire, Ms. M’Baye prevailed as the first female Under Mr. Haugen’s leadership, IJM has assisted
attorney in Mauritania. As a human rights attorney, nearly 4,000 victims of sex trafficking and forced
she works to address the most deep-seated human labor since 2006 alone, leading to more than 220
rights issues in Mauritania, including defending criminal convictions and hundreds of ongoing trials.
human rights activists in court and advocating for In addition to IJM’s work against modern slavery,
the prosecution and conviction of human traffickers. the organization is bringing its innovative model
Ms. M’Baye’s anti-human trafficking contributions in to address sexual violence, property seizure, illegal
Mauritania have been of fundamental importance. detention, and police brutality.
She played a significant role in 2007 as a key drafter
of the precedent-setting law criminalizing human Mr. Haugen’s vision has transformed the landscape
trafficking, and she is now at the forefront of a of human rights advocacy and is empowering a new
campaign to ensure enforcement of the legislation. generation of activists to help local governments
As a result of Ms. M’Baye’s efforts, Mauritania transform justice systems to protect the poor
accomplished a series of firsts from December 2010 from violence. This powerful model is working:
to November 2011: the first conviction for child independent evaluation has demonstrated that
exploitation, the first indictment for slavery practices, after four years of IJM partnership with local law
and the first prison sentence applied under the 2007 enforcement in Cebu, Philippines, the availability of
anti-slavery law. minors for sex decreased by a stunning 79 percent.

“As the great day drew nearer, there was more singing in the slave quarters than usual.
It was bolder, had more ring, and lasted later into the night. Most of the verses of
the plantation songs had some reference to freedom....Some man who seemed to be a
stranger (a United States officer, I presume) made a little speech and then read a rather
long paper—the Emancipation Proclamation, I think. After the reading we were told
that we were all free, and could go when and where we pleased. My mother who was
standing by my side, leaned over and kissed her children, while tears of joy ran down
her cheeks. She explained to us what it all meant, that this was the day for which she
had been so long praying, but feared that she would never live to see.”
Booker T. Washington, UP FROM SLAVERY (1901)

49

Countries whose governments fully comply with
the Trafficking Victims Protection Act’s (TVPA)
minimum standards.

with the T VPA’s minimum standards, but are
compliance with those standards.

with the T VPA’s minimum standards, but are
compliance with those standards AND:

a) The absolute number of victims of severe forms
of trafficking is very significant or is significantly
increasing;

b) There is a failure to provide evidence of
increasing efforts to combat severe forms of
trafficking in persons from the previous year; or

c) The determination that a country is making
signif icant effor ts to bring itself into
compliance with minimum standards was
based on commitments by the countr y
to take additional future steps over the
next year.

with the minimum standards and are not making
significant efforts to do so.

TAJ

T IE R PL A CE M E N T S /COUNTRY MA PS
MAURITANIA MALI
CAPE VERDE
NIGER CHAD
SUDAN ERITREA
SENEGAL
THE GAMBIA BURKINA
GUINEA-BISSAU FASO DJIBOUTI
GUINEA BENIN
NIGERIA
SIERRA LEONE COTE CENTRAL SOUTH ETHIOPIA
D’IVOIRE GHANA AFRICAN SUDAN
LIBERIA REPUBLIC SOMALIA
TOGO CAMEROON

EQUATORIAL GUINEA DEMOCRATIC
REP. UGANDA KENYA
OF REPUBLIC
GABON CONGO
OF THE RWANDA
CONGO BURUNDI

TANZANIA
SEYCHELLES

COMOROS
ANGOLA
ZAMBIA

MALAWI
ZIMBABWE
MOZAMBIQUE MADAGASCAR
NAMIBIA MAURITIUS

BOTSWANA

Africa SOUTH AFRICA
SWAZILAND

LESOTHO

YEAR PROSECUTIONS CONVICTIONS VICTIMS IDENTIFIED NEW OR AMENDED
LEGISLATION
2005 194 58 12
2006 170 51 3
2007 123 (28) 63 (26) 5
2008 109 (18) 90 (20) 7,799 10
2009 325 (47) 117 (30) 10,861 8
2010 272 (168) 163 (113) 9,626 5
2011 257 (99) 218 (116) 10,094 2

Tier Placements
Tier 1 Tier 2 Tier 2 Watch List Tier 3 Special Cases
53

MONGOLIA
TURKMENISTAN NORTH KOREA

CHINA SOUTH KOREA
JAPAN

AN

TAIWAN
MACAU
AN BURMA HONG KONG

LAOS

THAILAND VIETNAM

CAMBODIA PHILIPPINES

PALAU MARSHALL ISLANDS
BRUNEI
MALAYSIA
MICRONESIA
SINGAPORE

KIRIBATI
I N D O N E S I A

PAPUA NEW GUINEA

TIMOR LESTE
SOLOMON ISLANDS

FIJI

TONGA

EAST ASIA AUSTRALIA

Pacific NEW ZEALAND

LEGISLATION
2005 2,580 2,347 5
2006 1,321 763 3
2007 1,047 (7) 651 (7) 4
2008 1,083 (106) 643 (35) 3,374 2
2009 357 (113) 256 (72) 5,238 3
2010 427 (53) 177 (9) 2,597 0
2011 1,581 (55) 1,213 (55) 5,357 4

Tier Placements
Tier 1 Tier 2 Tier 2 Watch List Tier 3
54

ICELAND

CO U N T R Y M A PS
FINLAND
SWEDEN

NORWAY

ESTONIA

DENMARK
LATVIA R U S S I A
LITHUANIA

IRELAND NETHERLANDS

UNITED BELARUS
KINGDOM POLAND
BELGIUM GERMANY
CZECH
LUX. REPUBLIC UKRAINE
SLOVAK
REPUBLIC

SWITZERLAND AUSTRIA HUNGARY MOLDOVA

FRANCE SLOVENIA ROMANIA
I TA LY CROATIA BOS. SERBIA
HER.
KOSOVO BULGARIA
MONTENEGRO GEORGIA
MACEDONIA
ARMENIA
PORTUGAL
SPAIN GREECE
TURKEY
ALBANIA AZERBAIJAN

MALTA
CYPRUS

ARUBA*

Europe
CURACAO*

ARUBA

CURAÇAO

LEGISLATION
2005 2,521 1,792 12
2006 2,950 1,821 7
2007 2,820 (111) 1,941 (80) 7
2008 2,808 (83) 1,721 (16) 8,981 1
2009 2,208 (160) 1,733 (149) 14,650 14
2010 2,803 (47) 1,850 (38) 8,548 4
2011 3,162 (271) 1,601 (81) 10,185 2

Tier Placements * s part of the Kingdom of the Netherlands,
A
Aruba and Curacao are covered by the State
Tier 1 Tier 2 Tier 2 Watch List Tier 3 Department’s Bureau of European Affairs.

55


TUNISIA SYRIA
LEBANON
MOROCCO ISRAEL IRAQ IRAN
JORDAN

ALGERIA KUWAIT
LIBYA
EGYPT BAHRAIN
QATAR
SAUDI ARABIA UAE

OMAN

YEMEN

NEAR EAST
LEGISLATION
2005 112 104 3
2006 295 187 2
2007 415 (181) 361 (179) 1
2008 120 (56) 26 (2) 688 6
2009 80 (9) 57 (8) 1,011 6
2010 323 (63) 68 (10) 1,304 1
2011 209 (17) 60 (5) 1,831 2

Tier Placements
56

KAZAKHSTAN

CO U N T R Y M A PS
A

A UZBEKISTAN
KYRGYZ
REPUBLIC

TURKMENISTAN
TAJIKISTAN

AFGHANISTAN

PAKISTAN NEPAL

IN D IA

BANGLADESH

SRI LANKA

SOUTH MALDIVES

CENTRAL ASIA
BIA
LEGISLATION
2005 1,041 406 0
2006 629 275 0
2007 824 (162) 298 (33) 4
2008 644 (7) 342 (7) 3,510 2
2009 1,989 (56) 1,450 (10) 8,325 1
SWAZILAND
2010 1,460 (196) 1,068 (11) 4,357 1
RICA LESOTHO
2011 974 (24) 829 (11) 3,907 2

Tier Placements
57

CANADA

UNITED STATES

THE BAHAMAS
MEXICO

CUBA DOMINICAN
REPUBLIC
JAMAICA
BELIZE HAITI
ANTIGUA AND BARBUDA
HONDURAS
ST. LUCIA BARBADOS
GUATEMALA
NICARAGUA ST. VINCENT AND GRENADINES
EL SALVADOR
PANAMA TRINIDAD AND TOBAGO
COSTA RICA
VENEZUELA
GUYANA
SURINAME

COLOMBIA

ECUADOR

PERU

BRAZIL

BOLIVIA

WESTERN CHILE
PARAGUAY

HEMISPHERE ARGENTINA

URUGUAY

LEGISLATION
2005 170 59 9
2006 443 63 6
2007 426 (1) 113 (1) 7
2008 448 (42) 161 (24) 6,609 5
2009 647 (47) 553 (66) 9,020 1
2010 732 (80) 293 (65) 6,681 6
2011 1,023 (42) 318 (52) 9,836 3

Tier Placements
58

Trafficking in Person 2012 (Part 1)

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