Trafficking in Persons Report 2005 Report Victims of Trafficking and Violence Protection Act of 2000: Trafficking in Persons Report (http://en.groundspring.org/EmailNow/pub.php?module=URLTracker&cmd=track&j=32579157&u=296785) US Department of State Trafficking in Persons Report Released by the Office to Monitor and Combat Trafficking in Persons June 3, 2005 I. Introduction The Department of State is required by law to submit a report each year to the U.S. Congress on foreign governments' efforts to eliminate severe forms of trafficking in persons. This Report is the fifth annual TIP Report. This Report is intended to raise global awareness and spur foreign governments to take effective actions to counter all forms of trafficking in persons - a form of modern day slavery. The Report has increasingly focused the efforts of a growing community of nations to share information and to partner in new and important ways to fight human trafficking. A country that fails to take significant actions to bring itself into compliance with the minimum standards for the elimination of trafficking in persons receives a negative "Tier 3" assessment in this Report. Such an assessment could trigger the withholding of non-humanitarian, non-trade-related assistance from the United States to that country. In assessing foreign governments' efforts, the TIP Report highlights the "three P's" - prosecution, protection, and prevention. But a victim-centered approach to trafficking requires us equally to address the "three R's" - rescue, rehabilitation, and reintegration. The law that guides these efforts, the Trafficking Victims Protection Act of 2000 (TVPA), makes clear from its first sentence that the purpose of combating human trafficking is to ensure just and effective punishment of traffickers, to protect their victims, and to prevent trafficking. More than 140 years ago, the United States fought a devastating war to rid our country of slavery, and to prevent those who supported it from dividing the nation. Although the vast majority of nations succeeded in eliminating the state-sanctioned practice, a modern form of human slavery has emerged as a growing global threat to the lives and freedom of millions of men, women, and children. Today, slavery is rarely state-sponsored. Instead, human trafficking often involves organized crime groups who make huge sums of money at the expense of trafficking victims. THE TIERS TIER 1: Countries whose governments fully comply with the Act's minimum standards. TIER 2: Countries whose governments do not fully comply with the Act's minimum standards but are making significant efforts to bring themselves into compliance with those standards. TIER 2 SPECIAL WATCH LIST: Countries, whose governments do not fully comply with the Act's minimum standards but are making significant efforts to bring themselves into compliance with those standards, and: The absolute number of victims of severe forms of trafficking is very significant or is significantly increasing; or There is a failure to provide evidence of increasing efforts to combat severe forms of trafficking in persons from the previous year; or The determination that a country is making significant efforts to bring themselves into compliance with minimum standards was based on commitments by the country to take additional future steps over the next year. TIER 3: Countries whose governments do not fully comply with the minimum standards and are not making significant efforts to do so. Potential Penalties for Tier 3 Countries Governments of countries in Tier 3 may be subject to certain sanctions. The U.S. Government may withhold non-humanitarian, non-trade related assistance. Countries that receive no such assistance would be subject to withholding of funding for participation in educational and cultural exchange programs. Consistent with the TVPA, such governments would also face U.S. opposition to assistance (except for humanitarian, trade-related, and certain development- related assistance) from international financial institutions such as the International Monetary Fund and multilateral development banks such as the World Bank. These potential consequences would take effect at the beginning of the next fiscal year, October 1, 2005. All or part of the TVPA's sanctions can be waived upon a determination by the President that the provision of such assistance to the government would promote the purposes of the statute or is otherwise in the national interest of the United States. The TVPA also provides that sanctions shall be waived if necessary to avoid significant adverse effects on vulnerable populations, including women and children. Sanctions also would not apply if the President finds that, after this Report is issued but before the imposition of sanctions, a government has come into compliance with the minimum standards or is making significant efforts to bring itself into compliance. Regardless of tier placement, every country can do more, including the United States. No country placement is permanent. All countries must maintain and increase efforts to combat trafficking. The United States will continue to monitor progress throughout the world and work with its partners to strengthen international efforts to eliminate all forms of modern-day slavery. 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. ~