03 June 2005
Burma, Cambodia, North Korea Cited for Human Trafficking Abuses, June 3, 2005 (South Korea, Indonesia, Philippines lauded for fighting "modern slavery")
The world's most comprehensive report on trafficking in persons has cited Burma, Cambodia and North Korea as countries in East Asia whose governments have neglected to implement minimal standards against this form of criminal activity --often called modern-day slavery. The findings were contained in the fifth annual Trafficking in Persons Report released by the State Department June 3.
The report's methodology includes a three-tier system for rating countries' effectiveness in combating trafficking:
• Tier 1 includes those countries that have met international standards for coping with trafficking and are vigorously addressing the problem.
• Tier 2 comprises countries that are demonstrating commitment to address their problems but have not yet achieved international standards; the Tier 2 "Watch List" consists of countries that might be vulnerable to an erosion of their efforts.
• Tier 3, the least favorable rating, lists countries whose governments fail to meet minimal international standards and are not making significant efforts to do so.
Burma, Cambodia and North Korea were listed as Tier 3 countries because their governments not only failed to implement international standards but also engaged in acts such as state-sanctioned use of forced labor and failed to make progress in prosecuting rampant trafficking.
China is one of the countries in East Asia placed on the watch list. China was cited for failure to provide evidence of increasing efforts to combat trafficking, specifically its inadequate protection for trafficking victims, particularly foreign women (especially those from Vietnam) and mainland Chinese women routed for sex work in Taiwan.
The Philippines also was added to the Tier 2 Watch List due to its failure to show evidence of increasing efforts to convict traffickers.
Consistent with its objective of inspiring action against human trafficking, the report also praised countries that have adopted "best practices" in their efforts to prevent trafficking, provide for victims or prosecute traffickers themselves.
South Korea, for example, passed two significant anti-prostitution and anti-trafficking laws in 2004 aimed at combating the commercial sexual exploitation of women and girls. Indonesia worked with nongovernmental organizations to build Islamic boarding schools to educate young girls from impoverished families. The Philippines established four shelters for trafficking victims at major port cities.
The full text of the report is available on the State Department’s Web site.
Following are excerpts for East Asia from the 2005 Trafficking in Persons Report:
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U.S. Department of State
2005 Report
Victims of Trafficking and Violence Protection Act of 2000: Trafficking in Persons Report
BURMA (TIER 3)
Burma is a source country for women and men trafficked for the purposes of forced labor and sexual exploitation. Burmese men, women, and children (primarily from the country's ethnic minority populations) are trafficked to Thailand, China, Bangladesh, Taiwan, India, Malaysia, Korea, Macau, and Japan for forced labor - including commercial labor - involuntary domestic servitude, and sexual exploitation. To a lesser extent, Burma is a destination for women from the People's Republic of China (P.R.C.) who are trafficked for commercial sexual exploitation. Internal trafficking of women and girls for sexual exploitation occurs from villages to urban centers and other areas, such as truck stops, fishing villages, border towns, and mining and military camps. The junta's policy of using forced labor is a driving factor behind Burma's large trafficking problem.
The Government of Burma does not fully comply with the minimum standards for the elimination of trafficking and is not making significant efforts to do so. While Burma has made improved efforts to combat trafficking for sexual exploitation, significant state-sanctioned use (especially by the military) of forced labor continued. The Burmese armed forces continued to force ethnic minorities to serve as porters during military operations in ethnic areas. There also are continuing reports that some children were forced to join the Burmese Army. Although eight local officials were convicted in January 2005 on charges of forced labor, the Burmese Government supported or tolerated the use of forced labor for large infrastructure projects. The government sentenced three individuals to death for communicating with the ILO on the subject of forced labor. Because of the Burmese Government's failure to end forced labor, the ILO postponed implementation of a plan of action to address such practices. During the reporting period, the government took some steps to combat trafficking for sexual exploitation, including drafting anti-trafficking legislation and improving cooperation with UN agencies, neighboring countries, and NGOs.
Prosecution
Over the past year, the Burmese Government made progress in addressing trafficking for commercial sexual exploitation, including establishing a police task force to combat trafficking, enhancing cooperation with Burma's neighbors, and beginning to draft anti-trafficking legislation. The Burmese Government made only minimal progress in prosecuting cases involving trafficking for forced labor. Since July 2002, the government claims it prosecuted 474 cases related to trafficking for sexual exploitation and smuggling; an indeterminate number of these cases actually involved severe forms of trafficking in persons. Authorities also convicted eight local officials for using forced labor in a road construction project, sentencing the offenders to six to eight months' imprisonment. The government created a police anti-trafficking unit in 2004 and stationed the unit's teams in border towns to monitor and interdict trafficking. The Burmese Government is developing an anti-trafficking law, but currently uses kidnapping and prostitution statutes to arrest and prosecute traffickers. Corruption continued to be a major problem. Although local and regional officials were suspected of complicity in trafficking, the Burmese Government reported no prosecutions of corrupt government officials related to trafficking. The Burmese military continued to carry out trafficking abuses including forced portering and other forced labor.
Protection
During the reporting period, the Burmese Government provided minimal assistance to victims. Burma's protection included a repatriation center on the Thailand-Burma border, but its overall efforts were hampered by a lack of adequate funding. The government continued to refer victims to NGOs and international organizations that provide protection for victims of trafficking. The Burmese Government also coordinated the repatriation of a limited number of victims from Thailand with international NGOs and provided limited counseling and job training for returning victims trafficked for sexual exploitation. The government did not provide assistance to victims trafficked internally for forced labor, nor did it fund international or domestic NGOs that provide protective services to victims. The Ministry of Home Affairs' Anti-Trafficking Unit received training on various aspects of investigating and handling trafficking cases.
Prevention
The Burmese Government's efforts to prevent trafficking remained inadequate. Governmental measures to prevent trafficking for sexual exploitation include publicizing the dangers in border areas through government-sponsored discussion groups, distribution of printed materials, and media programming. However, these efforts remained under-funded. The government also conducted awareness workshops at the local level on the dangers of trafficking for the purpose of sexual exploitation.
CAMBODIA (TIER 3)
Cambodia is a source, destination, and transit country for men, women, and children trafficked for the purposes of sexual exploitation and forced labor. A significant number of Cambodian women and children are trafficked to Thailand and Malaysia for labor and commercial sexual exploitation. Cambodian men are primarily trafficked to Thailand for labor exploitation in the construction and agricultural sectors, particularly the fishing industry. Cambodian children are trafficked to Vietnam and Thailand to work as street beggars. Cambodia is a transit and destination point for women from Vietnam who are trafficked for prostitution.
The Government of Cambodia does not fully comply with the minimum standards for the elimination of trafficking and is not making significant efforts to do so. Cambodia is placed on Tier 3 for its lack of progress in combating severe forms of trafficking, particularly its failure to convict traffickers and public officials involved in trafficking. During the last year, the Cambodian Government failed to take effective action to ensure that those responsible for the raid on an NGO shelter for trafficking victims were held accountable and brought to justice. The Cambodian Government's failure to act calls into question Cambodia's commitment to combating human trafficking. Cambodia's anti-trafficking efforts remained hampered by systemic corruption and an ineffectual judicial system. The government must take aggressive measures to prosecute and convict traffickers and public officials found to be involved in trafficking, and confront the corruption in its judicial system that hampers prosecutions of traffickers.
Prosecution
During the reporting period, the Cambodian Government made no significant progress in its anti-trafficking law enforcement efforts. Prosecutions of suspected traffickers dropped significantly, despite a small increase in the number of arrests. The Cambodian Government's response to an attack on an NGO shelter for trafficking victims and removal of suspected trafficking victims was unsatisfactory. Moreover, the government did not adequately investigate or hold accountable those who were responsible for the attack. Cambodia does not have a comprehensive anti-trafficking law but it used existing statutes to prosecute traffickers. Penalties for trafficking for commercial sexual exploitation carry sentences of up to 20 years' imprisonment. The National Assembly has not yet acted on a draft anti-trafficking bill that would provide law enforcement and judicial officials with more powers to arrest and prosecute traffickers. In 2004, the Cambodian police reported 165 arrests but only 24 successful prosecutions. Despite the number of arrests, there were few actual convictions of traffickers. There was no available information on the length of sentences for trafficking-related cases. Systemic corruption and a weak judiciary remain the most serious impediments to the effective prosecution of traffickers. Senior Cambodian Government officials and their family members are reportedly involved in or profit from trafficking activities but there were no trafficking-related prosecutions of corrupt officials.
Protection
The Cambodian Government continued to refer victims to NGOs and international organizations with victim protection programs. The Ministry of Social Affairs, Veterans and Youth Rehabilitation operated two temporary shelters for victims, but the government relied primarily on foreign and domestic NGOs to provide shelter to victims. The Cambodian Government also supported an NGO that places trafficking victims in long-term shelters. Victims in Cambodia are not treated as criminals and have the right to seek legal action against traffickers, but seldom do.
Prevention
The government continued its efforts to raise awareness of trafficking by cooperating with numerous NGOs and international organizations. The Ministry of Women's Affairs (MWA) continued to carry out information campaigns, including grassroots meetings in key provinces. The MWA worked with IOM to expand a nationwide anti-trafficking information and advocacy campaign that included district-level meetings with government officials and the distribution of educational materials and videos. During the reporting period, the Anti-Trafficking Police Unit conducted an outreach program to warn high school students of the dangers of trafficking. The Ministry of Tourism produced pamphlets and advertisements warning tourists of the penalties for engaging in sex with minors, and conducted workshops for hospitality staff on how to identify and intervene in cases of trafficking or sexual exploitation of children.
NORTH KOREA (TIER 3)
The Democratic People's Republic of North Korea is a source country for men and women trafficked for the purposes of forced labor and sexual exploitation. Thousands of North Korean men, women, and children are forced to work and often perish under conditions of slavery inside the country. Thousands of North Koreans, pushed by deteriorating conditions in the country, become economic migrants who are subjected to conditions of debt bondage, commercial sexual exploitation, and/or forced labor upon arrival in a destination country, most often the People's Republic of China (P.R.C.). The illegal status of North Koreans in other nations increases their vulnerability to trafficking schemes and sexual and physical abuse. North Korean women are trafficked for commercial sexual exploitation and forced marriages with Chinese men while North Korean men are trafficked for forced labor. North Koreans forcibly returned from China are sent to labor prison camps operated by the government.
The Government of North Korea does not fully comply with the minimum standards for the elimination of trafficking and is not making efforts to do so. The government does not recognize trafficking as a problem and imposes slave-like labor conditions on prisoners and repatriated North Koreans.
Prosecution
During the reporting period, North Korea publicly executed three men for trafficking North Korean women into China. There were no reports that authorities investigated the trafficking of North Korean women for sale into brothels and marriages with Chinese men. The North Korean Government continued to carry out trafficking abuses, particularly forced labor. There were no reports of prosecutions of corrupt officials related to trafficking.
Protection
The Government of North Korea made no effort to protect trafficking victims during the reporting period; reporting instead indicated that the government punished victims. Press reports indicated that nine women who were trafficked and returned from China were sentenced to prison terms of two years to 18 years. The government sent all North Koreans who were forcibly returned from China, including trafficking victims, to forced-labor prison camps where torture and public executions are commonplace. There are also reports that North Koreans who were forcibly returned from China are detained in re-education camps.
Prevention
The North Korean Government does not recognize trafficking as a problem, and there were no reports of any government anti-trafficking efforts. Due to the lack of prevention efforts, there have been reports of an increase in the trafficking of North Korean women along the Chinese-North Korean border. The government has not taken steps to warn its citizens about the kidnapping of North Korean women by Chinese or North Korean men along the border who prey on unaccompanied women.
CHINA (TIER 2 - WATCH LIST)
The Peoples' Republic of China is a source, transit, and destination country for men, women, and children trafficked for the purposes of forced labor and sexual exploitation. A significant number of Chinese women and children are trafficked internally for forced marriage and forced labor. Chinese women are at times lured abroad with false promises of legitimate employment and then trafficked for commercial sexual exploitation to destinations throughout Asia, the Middle East, Africa, Europe, and North America, while Chinese men have been trafficked for forced labor to Europe, South America, and the Middle East. A large number of Chinese men and women are smuggled abroad at enormous personal financial cost and, upon arrival in the destination country, are subjected to commercial sexual exploitation or other forms of exploitative labor to repay their debts. They often face exploitative conditions that meet the definition of involuntary servitude. Women from Burma, North Korea, Russia, Vietnam, and Mongolia are trafficked to China for labor and commercial sexual exploitation and forced marriage.
The Government of the People's Republic of China does not fully comply with the minimum standards for the elimination of trafficking; however, it is making significant efforts to do so. China's placement on Tier 2 Watch List is due to its failure to provide evidence of increasing efforts to combat trafficking, specifically its inadequate protection for trafficking victims, particularly foreign women and P.R.C. women identified from Taiwan. There are reports of the involuntary return of North Koreans from China to North Korea, as these returnees often face serious abuses. The Chinese Government does not, as a matter of policy, fine identified trafficking victims, but it reportedly and unintentionally does fine some victims - particularly P.R.C. women and girls returning from Taiwan - who are among illegal migrants. China needs to identify these trafficking victims, and provide them with protection, rather than levying fines or other punishment on them. The government should also vigorously investigate allegations of coercive labor practices, including alleged situations of involuntary servitude and forced labor.
Prosecution
The Chinese Government continued its anti-trafficking law enforcement efforts in 2004, actively arresting and prosecuting traffickers. China has a law that specifically outlaws the trafficking or kidnapping of women and coercion into prostitution. Penalties for trafficking carry sentences of up to ten years' imprisonment. "Snakeheads" or traffickers who smuggle victims overseas can be fined, have their property confiscated, be imprisoned for terms up to life, or be executed. China's criminal code imposes the death penalty for traffickers who coerce girls under 14 into prostitution. Over the past year, the police reportedly investigated 309 trafficking gangs and arrested 5,043 suspected traffickers, referring 3,144 for prosecution. While the Chinese Government did not provide statistics on the number of convictions, media reports indicated that 36 members of a child trafficking ring were given sentences ranging from two years' imprisonment to the death penalty. There do not appear to be adequate efforts to focus law enforcement resources on the problem of forced or coercive labor that meet the definition of involuntary servitude. Several police officials, including those that reportedly profited from trafficking, were convicted of commercial sexual exploitation and issuing visas to facilitate trafficking.
Protection
During the reporting period, the Chinese Government provided an inadequate level of protection for victims of trafficking. China does not fine repatriated trafficking victims once identified, and generally categorizes them separately from illegal migrants. However, there have been reports that police have levied fines for immigration violations on trafficking victims, particularly women and girls repatriated from Taiwan. The Chinese Government also did not take measures to protect foreign women who were trafficked for commercial sexual exploitation and forced marriages with Chinese men. Over the past year, the Chinese Government funded programs operated by an NGO to reintegrate trafficked women into their local communities and relieve the stigma attached to trafficking victims. The Chinese Government reportedly allocated funds to provincial and local police departments to use in returning trafficking victims to their hometowns. Some government agencies also provided basic living necessities and return assistance. The Ministry of Public Security (MPS) continued to train police officers on how to handle trafficking-related crimes. The MPS reportedly eliminated special anti-trafficking police units and subsumed their duties into general law enforcement units but its national office for trafficking crimes remains in place.
Prevention
The Chinese Government expanded its efforts to raise awareness of trafficking in 2004. The government cooperated with the Vietnamese Government and UNICEF on a mass communications effort to educate people and local government leaders on trafficking. Through its law enforcement agencies and its school systems, the government continued its awareness campaigns to warn of the potential dangers of trafficking. Posters, videos and pamphlets are distributed throughout the country.
THE PHILIPPINES (TIER 2 - WATCH LIST)
The Philippines is a source, transit, and destination country for men, women, and children trafficked for the purposes of sexual exploitation and forced labor. Philippine women are often lured abroad with false promises of legitimate employment and are trafficked for commercial sexual exploitation to destinations throughout Asia, the Middle East, Africa, Europe, and North America. A significant number of the 71,084 Philippine women who entered Japan as overseas performing artists in 2004 are believed to have been women trafficked into the sex trade. Philippine men and women who go overseas to work in domestic service and the construction and garment industries often face exploitative conditions that meet the definition of involuntary servitude - a severe form of trafficking in persons. To a lesser extent, the Philippines is a transit point and destination for women from the People's Republic of China (P.R.C.) who are trafficked for sexual exploitation. Within the Philippines, there is internal trafficking from rural to urban metropolitan areas and sexual exploitation of children. Endemic poverty, a high unemployment rate, a cultural propensity towards migration, a weak rule-of-law environment, and sex tourism all contribute to significant trafficking activity in the Philippines.
The Government of the Philippines does not fully comply with the minimum standards for the elimination of trafficking; however, it is making significant efforts to do so. Although the Philippines remains a strong proponent of anti-trafficking measures in the context of international organizations, more progress in its law enforcement efforts is needed.
The Philippines' placement on Tier 2 Watch List is due to its failure to show evidence of increasing efforts to convict traffickers. The government made modestly better efforts to implement its anti-trafficking law, dedicating four state prosecutors to focus on trafficking-related cases and providing training to law enforcement officials on the anti-trafficking law. The Philippine Government should take immediate corrective action by arresting, prosecuting, and convicting traffickers and any public officials found to be involved in trafficking. The government also needs to make greater efforts to address allegations of corruption and fraud regarding the issuance of documents to facilitate the recruitment of Philippine entertainers to Japan, a process that traffickers exploit.
Prosecution
During the reporting period, the Philippine Government made increasing efforts to implement its anti-trafficking law; the number of trafficking-related prosecutions under the anti-trafficking law remained low, although there were other prosecutions under legislation related to child abuse and illegal recruitment. There were no reported convictions under the anti-trafficking law of 2003. The government dedicated four state prosecutors to focus on trafficking-related cases and provided training to law enforcement officials on the anti-trafficking law. Currently, there are 28 cases under investigation. The Department of Justice is prosecuting at least 15 cases under the anti-trafficking law and other statutes related to child abuse and illegal recruitment. Corruption and a weak judiciary remain serious impediments to the effective prosecution of traffickers. Despite widespread allegations of law enforcement officials' complicity in trafficking, the government reported no prosecutions of trafficking-related corruption.
Protection
The Philippine Government continued to sponsor impressive protection efforts for trafficking victims in 2004. The anti-trafficking law passed in 2003 recognizes trafficked persons as victims and does not penalize them. Despite limited resources, the Department of Social Welfare and Development (DSWD) continued to provide a range of protective services, including temporary residency status, relief from deportation, shelter, and access to legal, medical, and counseling services. With assistance from the Department of Foreign Affairs, the DSWD also established arrangements with NGOs in destination countries to provide overseas Philippine workers who had been exploited with temporary shelter, counseling, and medical assistance. The government also provided additional protective services, including telephone hotlines for reporting cases of abused/exploited women and children. The Philippine Government increased its efforts to train law enforcement officials and consular officials in all of its embassies to deal with trafficking victims.
Prevention
The government continued modest efforts to raise awareness of trafficking. Senior government officials frequently spoke out about the dangers of trafficking. Fourteen government agencies also coordinate the government's anti-trafficking efforts, much of which is prevention-oriented. The Philippine Government's information campaign on overseas employment resulted in a decline in illegal recruitment and recruitment violations. The government has a national action plan to address trafficking in persons.
EAST TIMOR (TIER 2)
East Timor is a destination country for women trafficked for the purpose of sexual exploitation. The majority of trafficking victims in East Timor are women from Thailand, Indonesia, and the People's Republic of China (P.R.C.) who had been trafficked for commercial sexual exploitation.
The Government of East Timor does not fully comply with the minimum standards for the elimination of trafficking; however, it is making significant efforts to do so. The government shows the political will to address the problem but lacks the resources to combat trafficking effectively. While the East Timorese Government actively engages with NGOs and regional and international bodies, it continues to have difficulty distinguishing trafficking victims from illegal migrants. Government action should concentrate on adopting a strong and comprehensive anti-trafficking law, arresting and prosecuting traffickers, and improving victim protection measures. The government and the United Nations should also continue to address credible reports that UN peacekeepers are clients of brothels that have trafficked women.
Prosecution
The Government of East Timor's law enforcement efforts against trafficking were modest during the reporting period. The government has not developed the capacity to compile full information on trafficking-related arrests, prosecutions, and convictions. East Timorese authorities conducted sporadic investigations and raids but did not prosecute any trafficking-related cases over the last year. The Immigration and Asylum Act of 2003 criminalizes trafficking for commercial sexual exploitation and for non-sexual purposes but penalties are less severe than penalties for rape and forcible sexual assault. The Ministry of Justice is finalizing a new penal code that will criminalize the activities of pimps and brothel owners/operators. There is a lack of coordination between prosecutors and the police, and law enforcement officials generally lack training.
Protection
Due to a lack of resources, the East Timorese Government provided only sporadic protection and assistance to trafficking victims during the reporting period. Some trafficking victims were repatriated with the help of the government, their embassies, and international organizations. While the government assisted a few victims in finding shelter and protection from NGOs it appears that some victims may have been charged and deported for prostitution and/or immigration violations. The government did not fund foreign and domestic NGOs that provided shelter and access to services for victims.
Prevention
There have been no anti-trafficking campaigns conducted in East Timor, in part because East Timor has not been a country of origin for trafficking victims. While the government continued to recognize that trafficking is a problem, it did not place a priority on trafficking prevention programs. The government has been considering a national action plan.
INDONESIA (TIER 2)
Indonesia is a source and transit country for men, women, and children trafficked internationally for the purposes of sexual exploitation and forced labor, while the country also faces a significant internal trafficking problem. Indonesian victims are trafficked to Malaysia, Saudi Arabia, Kuwait, United Arab Emirates, Hong Kong, Taiwan, Japan, South Korea, Singapore, and Australia. To a much lesser extent, Indonesia is a destination for women from the People's Republic of China (P.R.C.), Thailand, Taiwan, Uzbekistan, the Netherlands, Poland, Russia, Venezuela, Spain, and Ukraine who are trafficked for sexual exploitation. Within Indonesia, there is extensive internal trafficking primarily from rural to urban areas for commercial sexual exploitation and for other forced labor such as involuntary domestic servitude.
The Government of Indonesia does not fully comply with the minimum standards for the elimination of trafficking; however, it is making significant efforts to do so. In 2004, the Indonesian Government showed clear progress in applying greater law enforcement efforts to fighting trafficking and assisting Indonesian victims abroad, including migrant workers who had been trafficked. The government significantly increased its convictions of traffickers and adopted standard operating procedures for the protection of victims. In some Indonesian provinces, local governments drafted and enacted new laws and budgeted resources for anti-trafficking programs. Following the tsunami that devastated Aceh province, the Indonesian Government rapidly responded with appropriate measures to reduce the potential for trafficking of children from the region. While local governments gave greater priority to trafficking, translating national commitment to local action remained a problem. The Indonesian Government can take significant action by passing a strong and comprehensive anti-trafficking law; addressing internal trafficking; recognizing and taking steps to eliminate debt bondage for migrant workers; and arresting and prosecuting officials involved in trafficking.
Prosecution
The Indonesian Government increased its law enforcement efforts against trafficking during the reporting period. Indonesia does not have a comprehensive anti-trafficking law, but a draft bill is currently pending before Parliament. Although Indonesian law criminalizes trafficking, it lacks a comprehensive definition of the crime. In 2004, the government reported 141 trafficking-related investigations, 51 prosecutions, and 45 convictions. The number of convictions reflected an 80 percent increase over the previous year's performance. Although law enforcement efforts increased, convictions for trafficking-related offenses often carried light sentences, with an average sentence of just over three years' imprisonment. The Indonesian Government cooperated with the Malaysian Government in arresting and prosecuting a major network that trafficked Indonesians into Malaysia for commercial sexual exploitation. Corruption and a weak judiciary remain serious impediments to the effective prosecution of traffickers. The government has recognized that action must be taken against officials involved in trafficking, but has provided little information concerning actions it has taken against corrupt officials who may be complicit in trafficking.
Protection
In 2004, the Indonesian Government improved its efforts to provide protection to trafficking victims despite limited resources. National and local victim assistance efforts increased, but remained small in comparison to the scope of the problem. Assistance for internal trafficking victims was minimal. The Indonesian Government continued to operate shelters for Indonesian victims of involuntary servitude and commercial sexual exploitation at its embassies and consulates in Singapore, Malaysia, Saudi Arabia, and Kuwait. The government also operates crisis centers inside the country and cooperates with domestic NGOs and civil society organizations that provide services for victims. The Indonesian Government continued to provide training to officials and law enforcement officers in the handling of witnesses and victims. The Women's Ministry also finalized standard operating procedures used to assist trafficking victims in 2004. Although Indonesia's national action plan calls for proper treatment of trafficking victims, implementation varies widely at the local level.
Prevention
The Indonesian Government made commendable efforts to promote public awareness of trafficking in 2004. The government increasingly used its National Anti-Trafficking Ambassador, a well-known television personality, to raise awareness of trafficking and of the need for more anti-trafficking efforts. Although the government has a limited ability to fund prevention programs, it welcomed international assistance and continued to work with NGOs on anti-trafficking and education initiatives. Most education campaigns focused on warning potential victims about trafficking. Some public education material in the campaign to stop child sex tourism in Batam and Bali contained messages for potential clients of prostitutes. Government-sponsored public awareness campaigns often featured senior officials and included television, radio, and print media.
JAPAN (TIER 2)
Japan is a destination country for a large number of Asian, Latin American, and Eastern European women and children who are trafficked for the purpose of sexual exploitation. There have also been cases of Asian and Latin American men trafficked to Japan for criminal, labor and/or commercial sexual purposes. Japanese organized crime groups (yakuza) that operate internationally are involved in trafficking.
The Government of Japan does not fully comply with the minimum standards for the elimination of trafficking; however, it is making significant efforts to do so. The government has made an impressive start in providing assistance to trafficking victims, including implementation of a national action plan with modest, additional resources for government-run shelters and private shelters.
The government made substantial efforts to improve the legal framework by drafting penal code revisions which specifically criminalize trafficking and increase penalties for trafficking-related offenses. During the reporting period, the government undertook major reforms to significantly tighten the issuance of entertainer visas to women from the Philippines, a process used by traffickers to enslave thousands of Philippine women in Japan each year. Japan continued to provide support for international anti-trafficking programs and conferences. The foundations that the Government of Japan has laid in the past few months offer promises of results that would place Japan in a leadership role in fighting trafficking.
Prosecution
Japan increased its law enforcement efforts against trafficking during the reporting period. The government uses the penal code and a variety of labor, immigration, and child welfare/protection statutes to prosecute trafficking-related offenses. While Japan's current laws provide for up to ten-year prison terms and steep fines, actual penalties thus far have been much less severe. The government has drafted revisions to the penal code that specifically criminalize trafficking and increase penalties for trafficking-related offenses. Japan's National Police Agency (NPA) reported 58 arrests and 48 prosecutions in 2004, reflecting a significant increase over the previous year's performance. The NPA improved its handling of trafficking cases and provided guidelines on victim identification and treatment to local police forces. The NPA also took concrete steps to increase cooperation with foreign law enforcement agencies on trafficking cases.
Protection
In 2004, the government improved its efforts to protect victims of trafficking. Twenty-two trafficking victims were provided government protection from January through October 2004, a dramatic increase over the previous year. The government implemented a national action plan that provides additional resources for victim protection in government-run shelters and private shelters. Trafficking victims are no longer treated as criminals, and a short grace period allows the government time to develop its cases against traffickers. Japanese authorities referred trafficking victims to government-run prefectural domestic violence shelters and NGO facilities. While the government's prefectural shelters are now open to foreign trafficking victims, few victims use the shelters for fear that they would be sent to an immigration detention center and then deported. The prefectural governments of Tokyo and Kanagawa continued to provide modest funding to NGOs operating shelters for trafficking victims in those prefectures.
Prevention
The government continued its efforts to raise public awareness of violence against women and trafficking. The NPA produced a training video on trafficking and distributed it to all police offices to improve their awareness of trafficking. The government also took major steps to significantly tighten the issuance of entertainer visas to women from the Philippines, a major source of trafficking victims. The government continued to provide support for international anti-trafficking programs to alleviate poverty, raise awareness of the dangers of trafficking, and promote alternative economic opportunities for women. The government, however, has yet to make a significant effort to lessen the domestic demand for trafficking victims.
LAOS (TIER 2)
Laos is a source and, to a lesser extent, transit, and destination country for men and women trafficked for the purposes of forced labor and sexual exploitation. Many Lao victims are economic migrants who become victims of involuntary servitude or commercial sexual exploitation in Thailand. A small number of victims from the People's Republic of China (P.R.C.) and Vietnam are trafficked to Laos to work as street vendors and for sexual exploitation in prostitution.
The Government of Laos does not fully comply with the minimum standards for the elimination of trafficking; however, it is making significant efforts to do so.
The Lao Government has recognized that trafficking is a problem, and has strongly supported NGO and international organization efforts to assist victims and promote awareness of trafficking. In September 2004, the government passed a Law on Women that covers trafficking in persons. The new law criminalizes trafficking; provides for the protection of victims, both internally and through international cooperation; and prohibits the punishing of trafficking victims upon their return to Laos. Until the new law is implemented effectively at the local level, however, the government should establish an official mechanism to identify trafficking victims among returnees to the country and take necessary measures to ensure that they are not subjected to fines or other punishment by local authorities.
Prosecution
The Government of Laos reportedly increased its prosecution efforts during the reporting period. Lao law enforcement is decentralized, and the central government does not keep data on efforts of local officials to prosecute traffickers. However, the anti-trafficking office, operated jointly by the Ministry of Labor and Social Welfare (MLSW) and the Ministry of Public Security reported five convictions for trafficking-related crimes in 2004. The new Law on Women stipulates specific penalties for trafficking, including the death penalty for the most egregious forms of trafficking, and those that lead to the loss of life or permanent disability. It also contains provisions defining trafficking and recognizing and guaranteeing the rights of trafficking victims. Overall, judicial and law enforcement institutions are extremely weak. Corruption is widespread; some local government officials reportedly profited from trafficking, though there were no reported prosecutions of officials for complicity in trafficking. The Lao Government does not effectively control its long and porous borders.
Protection
While the Lao Government provided minimal assistance to victims, it continued to refer victims to NGOs and international organizations that run protection programs for victims of trafficking. The government continued to expand its engagement with NGOs and requested their assistance in providing vocational training and establishing another shelter for returnees. While the Lao Government recognized the status of trafficking victims and made efforts to educate provincial and district-level officials on the need to protect them, it made minimal efforts to distinguish trafficking victims from returning migrants who had left the country illegally.
Prevention
The government, in cooperation with NGOs, continued to raise awareness in the media of the dangers of trafficking. The MLSW, with NGO funding, has sponsored media messages on the dangers of trafficking and conducted data collection and public education campaigns. In conjunction with UNESCO, the MLSW conducted a radio project designed to raise awareness of trafficking and HIV/AIDS among ethnic minorities. The Ministry of Education also integrated some anti-trafficking information into school curricula.
MALAYSIA (TIER 2)
Malaysia is a destination and, to a lesser extent, a source and transit country for men and women trafficked for the purposes of sexual exploitation and forced labor. As many as several thousand women from Thailand, Indonesia, the People's Republic of China (P.R.C.), Cambodia, and Burma are trafficked to Malaysia for commercial sexual exploitation. Additionally, some economic migrants from Indonesia who work as domestic servants and as laborers in the construction and agricultural sectors face exploitative conditions in Malaysia that meet the definition of involuntary servitude. Malaysian women (primarily of Chinese origin) are trafficked to Western Europe, North America, Australia, Japan, Singapore, and Taiwan.
The Government of Malaysia does not fully comply with the minimum standards for the elimination of trafficking; however, it is making significant efforts to do so. While the government took some steps to combat trafficking, Malaysia lacks comprehensive anti-trafficking legislation to enable officials to provide adequate victim protection and work effectively at the interagency level to combat trafficking in persons. The Ministry for Women, Family, and Community Development announced in December 2004 the establishment of a dedicated shelter for foreign trafficking victims. The National Human Rights Commission (Suhakam) drafted a national action plan on trafficking, though it has not yet been approved by the government. The Malaysian Government should screen illegal migrants detained for immigration violations to identify and provide care for trafficking victims that may be in their midst. The Malaysian Government should draft and enact a comprehensive trafficking law that recognizes trafficked men and women as victims and provides them with shelter, counseling, and assistance in repatriation.
Prosecution
During the reporting period, the Malaysian Government continued efforts to investigate and prosecute trafficking-related cases. Malaysia does not have a law that specifically addresses trafficking in persons but uses existing laws to prosecute traffickers. Twenty individuals were convicted under trafficking statutes in the penal code during the first six months of 2004. The penal code criminalizes most of the acts involved in severe forms of trafficking and those laws carry penalties of up to 15 years' imprisonment. In 2004, the government began to use new amendments to the 2001 Anti-Money Laundering Act to seize the assets of businesses involved in illicit activities, including trafficking. The Malaysian Government reported four such seizures in early 2004. Malaysia does not have a witness protection program that would encourage victims to testify against the criminal syndicates that are responsible for much of the trafficking. There were no reported prosecutions of officials complicit in trafficking.
Protection
In 2004, Malaysia provided an inadequate level of protection for most victims of trafficking. While police procedure is to send victims who can prove their nationality to embassy shelters rather than immigration detention, many victims, including some who agreed to cooperate in prosecutions, were placed in harsh conditions in immigration detention centers to await deportation. Because the police continued to lack the training and language skills to identify trafficking victims among illegal migrants, foreign trafficking victims often went unrecognized and were treated as immigration offenders. The Malaysian Government has not yet implemented a formal screening process to identify trafficking victims but Suhakam has developed a questionnaire for foreign women arrested for prostitution to identify trafficking victims. In December 2004, the Women's Ministry announced the establishment of a dedicated shelter for foreign trafficking victims, though the shelter has yet to open and care for victims. The Malaysian Government provided training for some of its higher-ranking officials but there was no systematic training program to sensitize front line police and immigration officers on trafficking.
Prevention
The Malaysian Government continued efforts to prevent trafficking through public awareness or education campaigns. The Malaysian Chinese Association (MCA), within the government's ruling political coalition, continued to publish warnings about trafficking in its Chinese-language publications, make public statements to caution potential victims about overly lucrative job offers abroad, and hold periodic press conferences highlighting the plight of returned Malaysian trafficking victims. In 2004, Malaysian state-run television ran a documentary on trafficking victims who had been assisted by MCA. The Women's Ministry is planning a nationwide campaign to increase public awareness on trafficking through seminars, workshops, and dissemination of brochures.
MONGOLIA (TIER 2)
Mongolia is a source and transit country for women and men trafficked for the purposes of sexual exploitation and forced labor; it also faces a problem of children trafficked internally for the purpose of commercial sexual exploitation. In 2004, the government documented over 200 Mongolian children exploited as prostitutes. Mongolian women are trafficked to China, Macau, and South Korea for commercial sexual exploitation. There are also reports that Mongolian women have been trafficked to Hungary, Poland, and other East European countries, as well as France and Germany. Some Mongolian men working overseas face exploitative conditions that meet the definition of involuntary servitude - a severe form of trafficking.
The Government of Mongolia does not fully comply with the minimum standards for the elimination of trafficking; however, it is making significant efforts to do so. The Mongolian Government has acknowledged that trafficking is a problem and has tried to improve its ability to address it. While the government engages NGOs and regional and international organizations on anti-trafficking measures, it lacks the resources to combat trafficking effectively on its own. The Mongolian Government does not systematically monitor its anti-trafficking efforts and some officials lack an understanding of what constitutes trafficking. Government action should concentrate on adopting a strong and comprehensive anti-trafficking law, arresting and prosecuting traffickers, and providing victim protection measures.
Prosecution
The Mongolian Government's law enforcement efforts against trafficking were modest during the reporting period. The government investigated four trafficking-related cases in 2004, but there were no successful prosecutions. Authorities have not developed the capacity to compile full information on trafficking-related arrests, prosecutions, and convictions. Mongolia's criminal code and criminal procedure code contain provisions against trafficking in women and children and prostitution, with penalties of ten to 15 years' imprisonment for trafficking and a maximum of five years' imprisonment for prostitution. The Ministry of Justice and Home Affairs, in coordination with the National Human Rights Commission, is currently reviewing the anti-trafficking provisions of the criminal code in an effort to strengthen the law and make it easier to prosecute traffickers.
Protection
The Mongolian Government did not provide protection and direct assistance to trafficking victims during the reporting period, largely due to resource constraints. The government did not fund foreign and domestic NGOs that provided support for victims.
Prevention
While there were no anti-trafficking campaigns conducted in Mongolia over the last year, the government worked with travel industry representatives and UNICEF to establish a voluntary code of conduct to prevent the sexual exploitation of children in the travel and tourism industry. The Mongolian Government recognized that trafficking is a problem, but it did not place a priority on trafficking prevention programs. During the last year, the government began developing a national action plan to combat trafficking and the commercial sexual exploitation of children.
SINGAPORE (TIER 2)
Singapore is a destination country for a limited number of women and girls trafficked for the purpose of sexual exploitation. Some of the women and girls from the People's Republic of China (P.R.C.), Indonesia, Thailand, Malaysia, the Philippines, and Vietnam who travel to Singapore voluntarily for prostitution or non-sexual work are deceived or coerced into sexual servitude in the city-state. A small minority of foreign domestic workers in Singapore face seriously abusive labor conditions that amount to involuntary servitude, a severe form of trafficking.
The Government of Singapore does not fully comply with the minimum standards for the elimination of trafficking; however, it is making significant efforts to do so. While Singapore has made improvements to its labor laws and regulations to address abuse of foreign domestic workers, it made limited progress in its efforts to combat trafficking for commercial sexual exploitation. Authorities in Singapore generally tolerate prostitution, which largely involves foreign women, a few of whom are trafficked. The government authorizes the operation of brothels in "traditional redlight districts" and does not criminalize the prostitution of adults and of 16 and 17 year-old minors. Pursuant to international protocols, the government should consider reforming its laws to criminalize the prostitution of 16 and 17 year-old children as a trafficking offense. The government should address child sex tourism by Singaporeans in foreign destinations, and do more to publicize the problem of trafficking for the purpose of commercial sexual exploitation in these destinations, particularly Batam, Indonesia. Singapore should also consider adopting a comprehensive law, containing victim protection measures, for all forms of trafficking.
Prosecution
During the reporting period, the Singapore Government increased its efforts to curb abuses of foreign domestic workers. A small but significant number of Singapore's estimated 140,000 foreign domestic workers continued to experience abusive employment conditions that may amount to involuntary servitude, and the government vigorously prosecuted cases involving such allegations. Singapore does not have a consolidated anti-trafficking law, but its criminal code criminalizes all activities that fall under the UN definition of trafficking. Involuntary servitude is punishable by up to one year in prison, a fine, or both; wrongful confinement is punishable by up to nine years in prison, a fine, or both; slavery is punishable with up to ten years in prison, a fine, and caning. Laws against forced or coerced prostitution carry sentences of up to ten years' imprisonment. In 2004, there were no prosecutions reported for trafficking for commercial sexual exploitation; violators are often prosecuted under other statutes, such as those prohibiting third parties from living off the earnings of a prostitute. The government maintains effective border and immigration controls and there is no evidence that government officials are complicit in trafficking.
Protection
The government provided minimal assistance to trafficking victims in 2004. The government continued to lack a systematic procedure to identify trafficking victims among the foreign women detained for immigration or vice violations; there was no evidence of proactive screening during the detentions of over 4,600 foreign women for prostitution in 2004. The few victims of trafficking for sexual exploitation that are identified by authorities are generally referred to NGO shelters that offer counseling; foreign domestic workers who are victims of involuntary servitude or other abuse are referred to shelters run by their embassies or local NGOs, some of which provide legal assistance. The Singaporean Government, through the Ministry of Community Development, Youth, and Sports, provided counseling and health care for abused foreign domestic workers and victims of commercial sexual exploitation. There are no NGOs in Singapore that focus exclusively on trafficking, but there is one NGO devoted exclusively to helping women in prostitution, and victims often receive assistance from groups dedicated to helping abused women and children. There are several NGOs that assist foreign workers and seek the enactment of enhanced labor protections. The Ministry of Manpower continued to promote the welfare of foreign domestic workers by educating employees and employers on acceptable employment practices, establishing a hotline for foreign domestic workers, enhancing regulations, and undertaking a public outreach campaign on the rights and responsibilities of employers and foreign domestic workers.
Prevention
The Singaporean Government made efforts to raise awareness of trafficking. The government sought to improve awareness of the regulations protecting foreign domestic workers and the consequences of violating those laws, and has taken some steps to raise societal awareness of sex tourism by Singaporeans in an effort to curb demand. There were no specific anti-trafficking campaigns directed at the use of fraud or coercion to recruit foreign women as prostitutes. Singapore has no national action plan to address trafficking.
TAIWAN (TIER 2)
Taiwan is primarily a destination for women and girls, mainly from the People's Republic of China (P.R.C.), who are trafficked for the purpose of sexual exploitation. Some trafficking victims from the P.R.C., Thailand, Cambodia, and Vietnam are forced or coerced into the commercial sex trade or lured to Taiwan by fraudulent offers of employment or marriage. Some Taiwan women are also trafficked to Japan for sexual exploitation.
Taiwan authorities do not fully comply with the minimum standards for the elimination of trafficking; however, they are making significant efforts to do so. Taiwan authorities have increased efforts to provide protection for trafficking victims. Despite prosecutions of traffickers, there is insufficient protection for trafficking victims, particularly for women and girls from the P.R.C. While illegal immigrants from other countries are generally quickly repatriated, the P.R.C. often delays Taiwan efforts to assist P.R.C. victims to return home. Taiwan authorities and NGOs have collaborated in ongoing efforts to develop a plan of action on trafficking. Some law enforcement officials conflate trafficking with smuggling. Taiwan laws criminalize most forms of trafficking but do not address prevention of trafficking or victim protection, which the authorities nonetheless provide on an ad hoc basis.
Prosecution
Taiwan lacks a comprehensive trafficking law providing for preventive measures and victim protection, though most forms of human trafficking are criminalized through a number of different statutes. Trafficking of Taiwan residents abroad or children of any nationality is prohibited by the 1995 Statute for Prevention of Child and Juvenile Sexual Trafficking and provisions in Taiwan's Criminal Code. Article 296 criminalizes a broad range of forms of trafficking and servitude. Article 296-1 provides for stronger penalties when the crimes are committed by officials. Taiwan authorities report that they indicted 241 and convicted 150 persons under these statutes in 2004. Taiwan authorities took steps in 2004 to address the growing number of Vietnamese women lured to Taiwan as brides and then forced into prostitution. A more stringent law enacted in January 2004 and aimed at cross-Strait trafficking stipulates that any person found guilty of smuggling Mainland Chinese into Taiwan shall be punished with a prison term of three to ten years and fined up to $150,000. Authorities in late March 2005 broke up a trafficking ring run by two Taiwan Army officers and their wives. A year-long investigation into the ring produced a number of arrests for trafficking of P.R.C. women to Taiwan for exploitation in the sex industry. Taiwan authorities have increased training for law enforcement officials on trafficking issues and how to best assist a victim. In early 2005, Taiwan executed a local trafficker convicted of killing P.R.C. victims.
Protection
Foreign victims of trafficking who are not of P.R.C. origin are provided with shelter and counseling and are generally quickly repatriated. Current Taiwan law provides no legal alternative to the return to the P.R.C. of all unlawfully present P.R.C. citizens, including trafficking victims. Taiwan has recently increased efforts to provide protection to P.R.C. trafficking victims. Taiwan law enforcement authorities and NGO social workers interview all illegal immigrants in detention centers in order to identify possible trafficking victims. Women and girls identified as trafficking victims are housed in a separate wing, where they are provided with access to social workers, health care, vocational activities, and counseling. Women with children have an additional, separate area within the facility. Identified trafficking victims are exempt from rules that apply to criminal detainees. There is no policy or law that requires the authorities to evaluate whether victims would face persecution or retribution upon returning to the P.R.C. Authorities have established an island-wide toll-free "113 Women's and Children's Protection" hotline.
Prevention
Taiwan law enforcement authorities are working to intercept criminal syndicates that smuggle P.R.C. migrants, including trafficking victims, to Taiwan. Taiwan continued its support of NGO anti-trafficking prevention programs, with government funding for public awareness programs targeting minors and awareness campaigns targeting Southeast Asian women who marry Taiwan men, including publicity campaigns funded by Taiwan in source countries. Taiwan officials have raised public awareness of the dangers of pornography and the use of the Internet to lure children into the sex trade. Social workers automatically visit high-school students with unexcused school absences to provide counseling and to ensure that the children do not fall into the sex trade or other illicit activities.
THAILAND (TIER 2)
Thailand is a source, transit, and destination country for men, women, and children trafficked for the purposes of sexual exploitation and forced labor. Thai women are trafficked to Australia, Bahrain, Japan, Malaysia, Singapore, South Africa, Taiwan, Europe, and North America for commercial sexual exploitation. A significant number of men, women, and children from Burma, Laos, Cambodia, and the People's Republic of China (P.R.C.) are economic migrants who wind up in forced or bonded labor and commercial sexual exploitation in Thailand. Regional economic disparities drive significant illegal migration into Thailand, presenting traffickers opportunities to move victims into labor or sexual exploitation. Internal trafficking also occurs in Thailand, involving victims from Northern Thailand, especially ethnic hill tribe women and girls. Widespread sex tourism in Thailand encourages trafficking for commercial sexual exploitation.
The Government of Thailand does not fully comply with the minimum standards for the elimination of trafficking; however, it is making significant efforts to do so. Thailand showed clear progress in applying greater law enforcement efforts to fighting trafficking and systematically screening hundreds of thousands of undocumented illegal migrants to identify and provide care for trafficking victims in their midst. The government also made modest progress in addressing widespread trafficking-related corruption within the ranks of the police, immigration services, and judiciary. In November 2004, the Thai Government began a new, intensified effort to improve the vetting procedure used by the police and immigration authorities to identify trafficking victims. While reports suggest increased efforts by police and immigration officials to provide protection to trafficking victims, international organizations and NGOs continue to play an important role in screening of trafficking victims, especially underage victims found in street work. There are reports that child trafficking victims continued to be incarcerated in and deported from Thailand without proper victim care or any attempt to investigate the trafficking crimes committed against these children.
Prosecution
During the reporting period, the Thai Government increased its law enforcement efforts against trafficking. Thailand has a law specifically prohibiting trafficking. In 2004, the government reported 307 trafficking-related arrests, 66 prosecutions, and 12 convictions - an increase in arrests over the previous year's performance. Sentences handed down for trafficking cases remained light, with an average sentence of three years' imprisonment. However, a number of sentences in trafficking cases were severe, with imprisonment of up to 50 years. In early March 2005, a Thai court convicted a Cambodian woman for trafficking eight Cambodian girls to Thailand and Malaysia; the trafficker was sentenced to 85 years' imprisonment. As in previous years, the Thai Government made minimal progress in reducing trafficking-related corruption in the police, immigration services, and judiciary. Law enforcement officials continued to be implicated in facilitating trafficking, but only one police officer was convicted and sentenced to ten years' imprisonment over the past year; prosecutions of 18 others fired in 2003 for complicity in trafficking continues. Thailand is not able to adequately control its long land borders.
Protection
In 2004, the Thai Government continued to provide commendable protection to trafficking victims. The government continued to operate 97 shelters throughout the country for abused women and children, six regional shelters for foreign trafficking victims, and a central shelter outside of Bangkok with capacity for over 500 foreign trafficking victims. The government reportedly identified and provided protection to 108 women and children since the November 2004 institution of the new screening mechanism. Thailand's overseas missions continued to provide support to Thai victims who wish to return home, but limited funding is available to assist their repatriation. The government also provided police and consular officials with training on trafficking issues and dealing with victims.
Prevention
The Thai Government continued its efforts to raise awareness of trafficking. In 2004, the Thai police began an information campaign, which included the distribution of pamphlets and creation of a hotline for reporting suspected cases. The government also continued to support the work of NGOs and international organizations to carry out public awareness campaigns and provide victim support services.
VIETNAM (TIER 2)
Vietnam is a source and destination country for men, women, and children trafficked for the purposes of forced labor and sexual exploitation. Vietnamese women and girls are trafficked to Cambodia, the People's Republic of China (P.R.C.), Hong Kong, Macau, Malaysia, Taiwan, and the Czech Republic for commercial sexual exploitation. A large percentage of the Vietnamese women who are trafficked to Taiwan are lured by fraudulent offers of employment or marriage to Taiwanese men. Labor export companies recruit and send workers abroad. Although there were no confirmed reports during the rating period, some of these laborers were victims of abuses that constitute "involuntary servitude," a severe form of trafficking. To a lesser extent, Vietnam is a destination country for Cambodian children who are trafficked for forced work as beggars. There is also internal trafficking from rural to urban areas.
The Government of Vietnam does not fully comply with the minimum standards for the elimination of trafficking; however, it is making significant efforts to do so. In July 2004, the government issued a national action plan to combat trafficking for commercial sexual exploitation, as well as a five-year national program for addressing all aspects of Vietnam's anti-trafficking efforts including prevention, prosecution, and protection. In addition to implementing strategies to address trafficking for sexual exploitation, the government took steps to provide greater protection for Vietnamese workers sent abroad by labor export companies. It continued to engage neighboring governments to combat trafficking and cooperated on the repatriation of victims and other cross-border issues.
Prosecution
In 2004, the government continued its anti-trafficking law enforcement efforts, actively investigating trafficking cases, and prosecuting and convicting traffickers. Vietnam has a statute that prohibits commercial sexual exploitation and the trafficking of women and children with penalties ranging up to 20 years' imprisonment. Trafficking for the purpose of labor exploitation is covered under Vietnam's Penal Code. Over the past year, the government's crime statistics office reported 142 prosecutions and 110 convictions specifically related to trafficking in women and children. While some local government officials reportedly profited from trafficking, there were no reported prosecutions of officials for complicity in trafficking. The government does not effectively control its long and porous borders.
Protection
The Vietnamese Government improved its efforts to provide protection to victims during the reporting period by strengthening protections for Vietnamese workers sent abroad by labor export companies. It stationed labor attaches in the nine top labor export receiving countries to look after the welfare of workers and to assist in resolving workplace disputes. The government also increased its oversight of labor export companies, and imposed penalties and sanctions against companies that violated labor laws or regulations. Vietnam's revised labor code has provisions that allow workers to negotiate settlements from labor export companies in cases of fraud or abuse, although precise statistics on these actions were not provided. Trafficking victims in Vietnam are usually not detained, arrested or otherwise punished. However, the government routinely sends women who engage in prostitution within the country to "rehabilitation" detention centers that provide medical treatment, vocational training, and counseling, and seek to deter the women's return to prostitution. The government's rehabilitation efforts lack adequate financial resources and usually take place at the provincial and local levels.
Prevention
While the Vietnamese Government did not implement specific anti-trafficking awareness campaigns in 2004, it raised the issue of trafficking in combination with other information and education programs. In 2004, it cooperated with the Chinese Government and UNICEF on a mass communications effort to educate the public and local government leaders on trafficking. The yearlong campaign included workshops on local laws regarding the commercial sexual exploitation of women and children and training on how to counsel trafficking victims.
2005 BEST PRACTICES
The Republic of Korea (R.O.K.): Cracking Down on Prostitution and Trafficking. In response to a petition by a million Korean women, the R.O.K. passed two significant anti-prostitution and anti-trafficking laws in 2004 aimed at combating the commercial sexual exploitation of women and girls. The laws not only stiffened penalties for trafficking and prostitution, established support mechanisms and facilities for victims, and provided for public awareness and education campaigns, but also reflected the input of the NGO community and the government agencies charged with responsibility for enforcement. The Government of the Republic of Korea backed its new laws with both political will and resources. The new legislation has resulted in the rescue of over 200 victims and the arrests of over 500 traffickers and sex-buyers. The government's efforts have also produced a visible reduction in the commercial sexual exploitation of women and girls and markedly raised public awareness of trafficking and prostitution.
Indonesia: Involving Local Muslim Leaders. Many young girls from impoverished families are educated in Islamic boarding schools (pesantren). The Asia Foundation supports the Fahmina Institute to provided anti-trafficking training materials to pesantren teachers, and to male and female preachers. In January 2005, The Asia Foundation helped organize a meeting of pesantren leaders, resulting in 32 schools forming the Pesantren-Based Alliance for Eliminating Trafficking in Persons in East Java.
Philippines: Public-Private Partnership. NGO Visayan Forum Foundation (VFF) operates four shelters for victims at major Philippine ports, including Manila and Davao. The Philippine Port Authority, police, and shipping companies, including the country's largest passenger shipping company, identify victims, mainly children, transiting the port and turn them over to VFF, which provides housing and protection. VFF then works with police to facilitate investigations and with the Department of Social Welfare and Development (DSWD) to repatriate and counsel victims. At the Davao shelter alone, VFF serves up to 45 victims a week.
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