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Feb09

Global Report on Trafficking in Persons

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Table of Content

Preface
Executive Summary
Introduction and methodological note

Global Overview

Country profiles

Middle East and North Africa

West and Central Africa

East Africa

Southern Africa

North America

Central America and the Caribbean

South America

East Asia and the Pacific

South and South-West Asia

Eastern Europe and Central Asia

Western and Central Europe

Preface

A knowledge crisis about a crime that shames us all

The term trafficking in persons can be misleading: it places emphasis on the transaction aspects of a crime that is more accurately described as enslavement. Exploitation of people, day after day. For years on end.

After much neglect and indifference, the world is waking up to the reality of a modern form of slavery. The public and the media are becoming aware that humans prey upon humans for money. Parliaments are passing appropriately severe laws. The judiciary is facing its anti-slavery responsibility, with more prosecutions and convictions. Civil society and (to a lesser extent) the private sector are mobilizing good-will and resources to assist victims.

Hearing this wake-up call, politicians as well as ordinary people ask me two sets of questions. First, they want to know how big the crime of human trafficking really is: how many victims are there? Who are the traffickers, what are their routes and their gains? What are the trends, namely is the problem getting ever more severe? Why and where?

Second, people want to know what to do, individually and collectively. Why aren't governments and the United Nations, why aren't we all, doing more? Some people are even willing to mobilize personal resources to fight this crime: but for whom and how?

The first set of questions needs to be answered as a matter of priority. Only by understanding the depth, breadth and scope of the problem can we address the second issue, namely, how to counter it. So far we have not attained much knowledge and therefore initiatives have been inadequate and disjointed. Policy can be effective if it is evidence-based, and so far the evidence has been scanty.

UNODC first attempted to identify human trafficking patterns in April 2006. This second report goes a step further, cataloguing and analysing the world's response, based on criminal justice and victim assistance data from 155 countries. A few observations stand out, in lieu of conclusions.

First, over the past few years, the number of countries that have taken steps to implement the foremost international agreement in this area -the UN Protocol against Trafficking in Persons - has doubled. However, there are still many countries, particularly in Africa, that lack the necessary legal instruments.

Second, the number of convictions is increasing, but not proportionately to the growing aware-ness (and probably, size) of the problem. Most convictions still take place in only a few countries. While these countries may have human trafficking problems more serious than others, they are doing something about them. On the other hand, as of 2007/08, two out of every five countries covered by this report had not recorded a single conviction. Either they are blind to the problem, or they are ill-equipped to deal with it. I urge governments and other stakeholders to call on UNODC expertise, including the recently published Toolkit to Combat Trafficking in Persons, to show their commitment.

Third, sexual exploitation is by far the most commonly identified form of human trafficking (79%), followed by forced labour (18%). This may be the result of statistical bias. By and large the exploitation of women tends to be visible, in city centres, or along highways. Because it is more frequently reported, sexual exploitation has become the most documented type of trafficking, in aggregate statistics. In comparison, other forms of exploitation are under-reported: forced or bonded labour; domestic servitude and forced marriage; organ removal; and the exploitation of children in begging, the sex trade, and warfare.

Fourth, a disproportionate number of women are involved in human trafficking, not only as victims (which we knew), but also as traffickers (first documented here). Female offenders have a more prominent role in present-day slavery than in most other forms of crime. This fact needs to be addressed, especially the cases where former victims have become perpetrators.

Fifth, most trafficking is national or regional, carried out by people whose nationality is the same as that of their victims. There are also notable cases of long-distance trafficking. Europe is the destination for victims from the widest range of origins, while victims from Asia are trafficked to the widest range of destinations. The Americas are prominent both as the origin and destination of victims in the human trade.

This report increases our partial understanding of the forces at play in modern slave markets. Yet internationally standardized data are still not available, a limitation that hampers the sharing of information between and among states, and with the UNODC. Aggregated statistics cannot be put together, neither at geographic nor thematic levels.

As a consequence, we still lack a global understanding of the subject, and of how its components interact to make the whole. Think of illicit drugs, the most heavily documented subject at UNODC. Drug control policies take into account data concerning the entire value-added chain (production, consumption, trade, etc.) of all drugs (opium, cocaine, amphetamines, etc.), in all markets (Afghanistan, Colombia, US, EU, Iran, etc.) Drug information is organized in multidimensional data bases, so that policies can target the whole, and any or its parts (from therapy of addicts, to seizures of drugs, to conversion of cultures).

Nothing of this sort is possible today in the domain of human trafficking. We do not have as yet the logical categories needed to establish multidimensional data bases. We should be, but we are not, able to segment today's slave markets into their components (demand, supply, trafficking, and related prices). We must, but cannot, catalogue (for lack of data) the different types of slavery: exploitation through child-begging in Europe is different from what goes on in a brothel, or on a street corner in Australia. Preventive measures must also be adapted to take into account that an Asian father sells his under-age daughter under circumstances different from what forces an African teenager into a rag-tag army of killers, or what pushes an illegal immigrant into a sweat shop in the Americas. Measures to rescue victims and punish criminals must vary accordingly.

I plead with social scientists in academia, and especially in governments, to work more intensively with UNODC to generate the logical categories and the statistical information needed for evidence-based, anti-slavery policy. The crisis we face of fragmented knowledge and disjointed responses intensifies a crime that shames us all.

Antonio Maria Costa
Executive Director
United Nations Office on Drugs and Crime

Executive Summary

In 2007, UNODC conducted, in the frame-work of the United Nations Global Initiative to Fight Human Trafficking (UN.GIFT), a study on the state of the world's response to the crime of human trafficking. This report offers an unprecedented view of the available information on the state of the world's response to human trafficking, including near-comprehensive data on national legislative and enforcement activity. Over the course of a few months in 2007 and 2008, UNODC gathered information concerning 155 countries and territories. With a few notable exceptions, nearly all of the larger states participated. This report summarizes this information, starting with a discussion of the global and regional figures and closing with country profiles for participating nations.

Of course, data on the response of states to human trafficking are only indirect indicators of the nature of the underlying problem. Countries with well-resourced criminal justice agencies may show a great deal of activity even when human trafficking is relatively rare, while countries with larger problems but less capacity may be unable to muster a proportionate response. But the material gathered here does illustrate that, in a remarkably short time, tremendous progress has been made in combating a crime that was only recently widely acknowledged. It also demonstrates that sharing human trafficking data on a global basis is possible and can yield valuable insights, despite the inherent limitations of the criminal justice figures.

The response to trafficking in persons

The Protocol to Prevent, Suppress and Punish Trafficking in Persons only came into effect in December 2003, but it has inspired widespread legislative response. As of November 2008, 63% of the 155 countries and territories this report had passed laws against trafficking in persons addressing the major forms of trafficking |1|.

Another 16% had passed anti-trafficking laws that cover only certain elements of the Protocol definition. |2| In 2003, only one third of the countries covered by this report had legislation against human trafficking; at the end of 2008, four-fifths did. The number of countries having anti-trafficking legislation more than doubled between 2003 and 2008 in response to the passage of the Protocol. In addition, 54% of responding countries have established a special anti-human trafficking police unit, and more than half have developed a national action plan to deal with this issue.

Percentage of countries covered by this report
that have introduced a specific offence on trafficking in persons into their legislation


Click to enlarge

Source: UNODC/UN.GIFT

Given that this legislative framework is very new, it is remarkable that 91 countries (57% of the reporting countries) reported at least one human trafficking prosecution, and 73 countries reported at least one conviction. A core of 47 countries reported making at least 10 convictions per year, with 15 making at least five times this number.

Criminalization of trafficking in persons -
status of national legislation, by country (November 2008)


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Source: UNODC/UN.GIFT

Cover most/all forms: Countries where the specific offence of trafficking in persons is in force, criminalizing at a minimum sexual exploitation and forced labour, with no restrictions concerning the profile of the victim.
Partial: Countries where the specific offence of trafficking in persons is in force, but legislation does not criminalize all or most forms listed in Article 3 of the UN Trafficking Protocol or does not define trafficking in persons.
No specific offence: Countries where forms of trafficking in persons are criminalized through other offences due to the absence of a specific trafficking in persons offence.

Distribution of all countries according to the number of convictions recorded
for the specific offence of trafficking in persons during the reporting period


Click to enlarge

Source: UNODC/UN.GIFT

There is, of course, considerable regional variation in compliance to standards. Many African countries still do not have legislation on human trafficking, or they have laws that criminalize only some aspects of human trafficking (such as child trafficking). And not all high income countries have comprehensive legislation, either. In addition, most of the human trafficking convictions come from just a few countries, some of which are wealthy and some of which are not. This suggests that progress against human trafficking is not necessarily determined by income levels but is essentially a product of individual national initiative.

This research project was aimed at gathering information on legislative, institutional and criminal justice responses, not at assessing the scale or the nature of the human trafficking problem. It remains unclear what share of human trafficking cases come to the attention of the authorities and whether the cases detected are representative of the underlying activity. Each incident presents a case study of the way human trafficking is conducted in a given country, but there may be reasons why other types of cases remain undetected. On the other hand, a large number of case studies can provide some interesting insights when compared across a range of countries and across time. The following sections discuss some of these insights.

Gender, citizenship and forms of victimization

Crime, organized crime in particular, is typically a male activity. Men make up over 90% of the prison populations of most countries and are particularly over-represented as perpetrators of violent crime. It might be assumed that human trafficking, where violence and threats are keys to the business, would likewise be overwhelmingly male dominated. But, surprisingly, the data on the gender of those convicted for trafficking in persons do not support this premise.

The data gathered on the gender of offenders in 46 countries suggest that women play a key role as perpetrators of human trafficking. In Europe, for example, women make up a larger share of those convicted for human trafficking offences than for most other forms of crime.

The criminal justice figures also shed light on the nature of the transnational networks involved. To date, it has remained unclear whether human trafficking enterprises were driven primarily by networks situated in the source countries or in the destination countries. Based on the data collected for this report, most of the offenders were citizens of the country where they were arrested. This suggests that local criminal networks acquire the victims and sell them to criminal networks based in destination countries. This stands to reason since many source countries are relatively poor with small foreign populations. Offenders often endeavour to win the trust of the victims and use their local connections to threaten retaliation against family members if victims resist. Local people are better situated to acquire and control victims.

However, in cases where the arrest took place in a high-income destination country, the offenders were more likely to be foreign than when the arrest took place in a source country. In many instances, diaspora populations from source regions may be used as a conduit for moving victims into the countries where they will be exploited. This phenomenon also is seen in other forms of transnational trafficking.

The data also can give some tentative insights into the profile of the victims. Victims of human trafficking were identified through the criminal justice process and through victims' assistance organizations. Over 21,400 victims were identified in 2006 among the 111 countries reporting victim data for that year. As with the offenders, the profile of the victims is highly influenced by local laws and priorities, which often focus on child victims and victims of sexual exploitation (usually women). With this caveat in mind, in the 61 countries where the gender and age of the victim were specified, two thirds of the identified victims were women and 13% were girls.

Proportion of females in convictions
for trafficking in persons
and for all crimes combined in Europe

Profile of victims identified by State authorities
in 61 countries where information was collected,
aggregated for 2006


Click to enlarge


Click to enlarge

Source: UNODC/UN.GIFT

Source: UNODC/UN.GIFT

In the 52 countries where the form of exploitation was specified, 79% of the victims were subjected to sexual exploitation. While it remains likely that labour exploitation and male victims are relatively under-detected, the over-representation of sexually exploited women is true across regions, even in countries where other forms of trafficking are routinely detected.

Human trafficking flows

Criminal justice data alone cannot give a sense of the scale of human trafficking flows, but it can give some idea about source and destination countries. Victims and perpetrators may be detected in source, transit or destination countries. The criminal justice data therefore provide several independent sources of information on where victims are being acquired and where they are being transported.

In most of the reported cases, victims were moved across international borders. Domestic trafficking, or the exploitation of citizens in their home country, was reported by 32 countries but is likely under-detected due to restrictive definitions of trafficking or the greater visibility of foreign victims. Even in countries reporting domestic trafficking, foreign victims were almost always more numerous.

Cross-border flows are not necessarily long distance flows. Much of the cross-border trafficking activity was between countries of the same general region, particularly between neighbouring countries. But there was also evidence of intercontinental trafficking. Most remarkably, victims from East Asia were detected in more than 20 countries in regions throughout the world, including Europe, the Americas, the Middle East, Central Asia and Africa. This suggests that the trafficking of East Asians is a bit of a phenomenon in itself and worthy of detailed study. Other long distance flows include the trafficking of African victims to locations in Europe and North America; the trafficking of Latin American victims to North America and Europe; the trafficking of Central European, Eastern European and Central Asian victims to Europe and the Middle East; and the trafficking of South Asian victims to the Middle East.

The need for continued monitoring

Aside from these insights, the primary value of this report has been to assess the information available, to highlight what is not known and to suggest how information-gathering systems could be improved. Looking at the data received, there is a clear need for an international standardization of definitions along the lines suggested by the Protocol. Too often, even similarly situated countries with compatible legal systems are counting different things. There is also a need to encourage Member States to collect more and better information on the state of human trafficking in their countries. Some countries could cite the number of victims or offenders, for example, but had no data on the gender, age or citizenship of these people. Domestic crimes that are tantamount to trafficking are not being tallied in national totals. By setting the accounting agenda, it is possible that lagging states could be encouraged to meet their obligations to pass appropriate laws and in thinking about the human trafficking problem strategically.

One of the key unanswered questions remains: Just how big is the human trafficking problem globally? Without a sense of the magnitude of the problem, it is impossible to prioritize human trafficking as an issue relative to other local or transnational threats, and it is difficult to assess whether any particular intervention is having effect. While coming to an estimation based on the present data would be premature, it is incumbent on the international community to gather the information necessary to fill this gap. Far more knowledge is needed before the true size of the market for human beings can be estimated, but this information could be gathered through a sustained programme of data sharing.

This report has demonstrated that international monitoring of human trafficking trends and pat-terns is possible and that a surprising wealth of information is available. But it remains a pilot for a project, one with much greater potential to track the global phenomenon of human trafficking and our collective efforts to address it. An international mechanism to monitor trends and patterns of trafficking in persons needs to be established with the object of continuing data collection of the sort gathered in the present survey (data on legal and institutional frame-works; criminal justice statistics; and victim service information). Such a mechanism also could work toward gathering more information on the market context for these crimes, including data on price and demand. Coordinated efforts require collective information systems, and the global struggle against trafficking in persons needs knowledge to inform strategic interventions.

Number of countries making data available to UNODC by topic


Click to enlarge

Source: UNODC/UN.GIFT

Introduction and methodological note

It has been five years since the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children |3| came into effect, and the time is ripe for an assessment of progress. In March 2007, UNODC con-ducted, in the framework of the United Nations Global Initiative to Fight Human Trafficking (UN.GIFT), a study on the state of the world's response to the crime of human trafficking. The research looked beyond the ratification of the Protocol to ask how many countries had formulated national legislation and created supporting institutions and how many investigations, prosecutions and convictions these efforts had produced. This report presents the information gathered by 10 UNODC researchers from 155 countries and territories from September 2007 until July 2008. The information itself pertains to the period 2003 to 2007.

These data show that the efforts of the international community to promote action on human trafficking resulted in a tremendous amount of national activity, much of it very recent, to combat the trade in human beings and to ameliorate its effects. At the same time, the research also revealed two related problems. The first is that some countries are not collecting even basic data, and many are not collecting data in a way that facilitates insight into the national situation, let alone meeting standards of international comparability. The second problem is that the information gathered does not shed light on the most fundamental question: Have all these efforts been successful in reducing human trafficking worldwide?

This report is about the collective global response to human trafficking. Due to the nature of the information collected, it can say much less about the activity itself. Criminal justice data do not accurately represent the nature or the extent of the underlying activity any more than a fisher-man's catch represents the state of the fish in the sea. Some countries do not have specific legislation on human trafficking or do not criminalize some elements of the definition agreed in the Protocol. Even countries with the appropriate legislative framework vary tremendously in the resources available for enforcement and the way these resources are targeted. Also, countries with the largest amounts of State activity may be atypical, their data far from being representative of the global scene. Governments may legitimately note that the higher visibility of trafficking in a national criminal justice system may be, in large part, due to the significant importance and priority a State places on responding to trafficking in persons.

Nonetheless, it is of the utmost importance to our collective efforts to combat human trafficking that data be shared over time in an internationally standardized way. A poor indicator is better than no indicator as long as it is not rep-resented as more than it is. Over time, the collection of information from so many different perspectives can, in aggregate, make up for many of the deficiencies of the data itself. Our global data set, reviewed time and again, can indeed tell us something more about the trends and patterns of the problem. This information is vital so that, in a world of limited resources, efforts can be focused for maximum effect.

This research project has shown that many countries are willing to share data and that many have data to share. In addition to documenting the substantial commitment a wide range of countries have made to stop the trade in per-sons, some modest insights can be gained into the hidden world of human trafficking. Institutionalizing this information-gathering in an ongoing cooperative programme, similar to that undertaken for drugs or to that used to monitor the implementation of the Trafficking Protocol within the framework of the Conference of the Parties to the United Nations Transnational Organized Crime Convention, is clearly a possibility and potentially an invaluable one.

1. Collecting the data

Collecting global data on any issue is no small undertaking, and the process is more complicated still when the topic is one as controversial and complex as human trafficking. In order to break the picture down into manageable pieces, 10 researchers were assigned geographic regions and were placed in appropriate UNODC field offices around the world. |4| In addition, the UN-affiliated European Institute for Crime Prevention and Control (HEUNI) was asked to gather data for Europe and North America. These researchers contacted the relevant national governments and non-governmental organizations with the purpose of collecting the available data under three subject areas:

  • Information on legislative and administrative frameworks, including the status of anti-trafficking laws; the creation of government victim protection and support programmes; the establishment of special law enforcement units on trafficking in persons; and the drafting of national action plans to deal with the human trafficking problem.
  • Criminal justice data, including the number of investigations, arrests, prosecutions and convictions.
  • Information on victim services, including the number of victims identified by public authorities and sheltered by service providers; and the number of foreign victims returned to their home countries.

In the end, information was collected for 155 countries and territories, some more complete than others. Still, this is a remarkable coverage rate given the topic, the timeframe and the resources available. It is difficult to generalize about the countries that were not covered by this research. In some instances, researchers may not have been persistent enough, focusing their attention on other countries. In other cases, countries formally declined to participate or failed to pro-vide all the available information. A few countries had no information to contribute. In general, however, the researchers were able to gather more data on more countries than has ever been assembled before in one place. A complete listing of the countries covered, represented in Map 1, is appended to this report (Page 10).

2. What the data represents

The first category of information gathered - legislative and institutional arrangements to combat human trafficking - is at once simple and complex. With regard to the national laws, one measure is for countries to be grouped into those with a specific offence that criminalizes at least trafficking in persons for the purposes of sexual exploitation and forced labour and that have no restriction regarding the age or the gender of the victim; those whose specific offence on trafficking in persons is restricted to some forms of exploitation and to some category of victims (e.g., trafficking for sexual exploitation, child trafficking) or without a clear definition of the offence; and those criminalizing trafficking in persons through other offences due to the absence of a specific offence on trafficking in persons. Beyond this basic measure, a more detailed legislative analysis than that made in this report would be necessary to evaluate the compliance of the States' laws with the Trafficking Protocol. The purpose of gathering this category of information was to establish whether countries criminalize the minimum forms of exploitation included in the Trafficking Protocol.

The second category of data has the advantage of being quantifiable and is thus more concrete. This category captures the application of the laws, which is important because while international pressure can compel legislative action, it is largely symbolic if the executive arm of government does not follow up. The goal is to provide genuine deterrents to transnational anti-social activity, and this is not accomplished until some offenders are actually convicted. It is impossible to convict traffickers where there are no traffickers to convict, of course, and since there are no reliable estimates about the scale of human trafficking, it would be thereby senseless to pre-scribe some model level of criminal justice activity. On the other hand, there are many parts of the world where human trafficking is known to exist but where there is little or no law enforcement response.

These data also give us important clues about the activity of human trafficking itself. Each charge laid gives some indication that a particular form of trafficking is present. Both the offenders and their victims have an age, a gender and a nationality, so any given case provides an example of who is trafficking whom. It is of great interest to those involved in law enforcement that people from one corner of the world are becoming victims in another, perhaps brought there by people from another region altogether. Even if the number of cases is small, if they persist across time, this suggests an issue ripe for international cooperation.

What these data fail to demonstrate is the amount of trafficking that is actually taking place. This is because quite a few things need to happen before a human trafficker is ever sentenced to prison. The country concerned must have laws prohibiting the activity, and it must have a law enforcement apparatus capable of - and willing to - detect crimes of this sort. It helps if this apparatus is supported by a public that reports suspicious activity and a legal/social service structure that encourages and supports victims to step forward and testify against their trafficking offenders. Provided that offenders are tried and jailed, there still needs to be some system of data collection that registers this event as a human trafficking conviction. Finally, the government in question must decide that it is willing to share this information with a body like the United Nations.

As a result, very little can be concluded from the criminal justice data alone as to where the problem is most acute or whether the response of any given country is proportionate to the challenge it faces. There are a few countries that regularly return large numbers of human trafficking convictions, and it can safely be concluded that these countries have both a problem and are taking action to address it. But equally troubled countries may do little in response and thereby produce no statistics. Others may have relatively small markets for the trafficking and exploitation of human beings, but through diligent investigation, detect a disproportionately large number of incidents compared to other countries. Even within a particular country, it is difficult to say whether a trend towards a greater or lesser number of convictions is a result of true changes in the number of offences occurring or whether these variations are due to changes in the amount of attention given to the issue or the mechanisms for reporting the data. In the end, the amount of criminal justice activity is a highly ambiguous indicator.

Luckily, criminal justice data are not the only source of information on trafficking. Another set of institutions - those dedicated to providing services to victims - is capable of keeping its own set of figures and observations. These groups gather detailed information about the people they serve and, while not collected under oath, this information may be more reliable due to the use of a victim-centred approach and the non-adversarial context in which it is garnered. Victim information - the topic of the third heading of data collected for this report - can be compared and contrasted with that collected in the criminal justice process.

3. Countries covered

UNODC accessed information on legislation, criminal justice statistics and data on offenders and victims identified by State authorities and other institutions for 155 countries and specially administered territories for the period 2003-2007.

Given time and budget constraints, some countries and some information could not be covered. For other countries, the information was too difficult to collect, either because it was not accessible to competent authorities or the information could not be supplied because it simply did not exist. Additionally, some countries preferred not to share their information.

The results and analysis presented in this report are based on the available information collected from these 155 countries and specially administered territories. Table 1 lists the countries and territories covered in this report, grouped by region.

Table 1: Countries and territories covered in this report, by region

Africa and the Middle East

Americas

North Africa and Middle East (total: 10)

 West and Central Africa (total: 16) East Africa (total: 9) Southern Africa (total: 11) North America (total: 3) Central America and the Caribbean (total: 12) South America (total: 9)
Algeria
Bahrain
Egypt
Iraq
Israel
Morocco
Oman
Qatar
Sudan
United Arab Emirates		 Benin
Burkina Faso
Chad
Cote d'Ivoire
Gabon
Gambia
Ghana
Guinea
Liberia
Mali
Mauritania
Niger
Nigeria
Senegal
Sierra Leone
Togo		 Burundi
Djibouti
Eritrea
Ethiopia
Kenya
Mauritius
Rwanda
Tanzania
Uganda		 Angola
Botswana
Democratic Republic of the Congo
Lesotho
Malawi
Mozambique
Namibia
South Africa
Swaziland
Zambia
Zimbabwe		 Canada
Mexico
United States of America		 Costa Rica
El Salvador
Guatemala
Honduras
Nicaragua
Panama
Barbados
Dominican Republic
Haiti
Saint Lucia
Saint Vincent and the Grenadines
Trinidad and Tobago		 Argentina
Bolivia
Brazil
Chile
Colombia
Ecuador
Paraguay
Peru
Venezuela, Bolivarian Republic of

Asia and the Pacific Europe and Central Asia
East Asia and the Pacific (total: 27) South and South-West Asia (total: 8) Eastern Europe and Central Asia (total: 12) Western and Central Europe (total: 38)
Australia
Brunei Darussalam
Cambodia
Indonesia
Japan
Lao PDR
Malaysia
Mongolia
Myanmar
New Zealand
The Philippines
Korea, Republic of
Singapore
Thailand
Timor-Leste
Viet Nam
Cook Islands
French Polynesia
Kiribati
Micronesia, Federated States of
Nauru
New Caledonia
Niue
Palau
Western Samoa
Solomon Islands
Tuvalu		 Afghanistan
Bangladesh
Bhutan
India
Maldives
Nepal
Pakistan
Sri Lanka		 Armenia
Azerbaijan
Belarus
Georgia
Kazakhstan
Kyrgyzstan
Moldova, Republic of
Russian Federation
Tajikistan
Turkmenistan
Ukraine
Uzbekistan		 Albania
Austria
Belgium
Bosnia and Herzegovina
Bulgaria
Croatia
Cyprus
Czech Republic
Denmark
Estonia
Finland
France
Germany
Greece
Hungary
Iceland
Ireland
Italy
Latvia
Lithuania		 Luxembourg
Malta
Montenegro
The Netherlands
Norway
Poland
Portugal
Romania
Serbia
Kosovo (Serbia)
Slovakia
Slovenia
Spain
Sweden
Switzerland
The FYR of Macedonia
Turkey
The United Kingdom

In order to facilitate the synthesis and improve the reading of this report, text references have been made to a number of sub-regional groupings. The composition of these sub-regional groupings was based on geographical criteria as well as on similarities in human trafficking patterns.

Sub-regional groupings in Africa and the Middle East:

Sub-regional groupings in the Americas:

Sub-regional groupings in Asia:

Sub-regional groupings in Europe and Central Asia:

Map 1: Countries covered by the UNODC/UN.GIFT data collection


Click to enlarge

Source: UNODC/UN.GIFT

4. The potential for progress

The massive pool of information collected for this report is both profoundly informative and fundamentally unsatisfying. It provides a sound baseline that calls out for sustained supplementation. Many countries have only recently passed human trafficking-specific legislation or created supporting institutions. The number of human trafficking convictions and the recorded number of victims assisted have increased every year during the period examined. As these numbers grow, so does the depth and accuracy of the data collected.

This report should stand as a pilot for a much needed barometer of human trafficking activity. It provides a preliminary snapshot of the situation but has the potential to become much more. To have real meaning, this undertaking needs to be sustained through inclusion in a regular data collection exercise. The periodical United Nations Survey of Crime Trends and Operations of Criminal Justice Systems (CTS), and the instruments adopted to monitor the implementation of the United Nations Convention on Transnational Organized Crime within the framework of the Conference of the Parties to the convention can be used to regularly collect such information.

It is now known that at least 155 countries and territories are willing to contribute information on human trafficking to a common database. Some inputs were better than others, but at least Member States have been put on notice as to the kind of information that should be collected. And, as this collection becomes regularized, it may be possible to gather more data. For example, many countries can say how many victims and offenders of any given citizenship passed through their systems, but these two groups of people are not currently cross-linked.

Ultimately, the goal should be to provide a data-base robust enough that questions of concern to the international community can be answered: What are the specific trafficking trends, and what are the main trafficking patterns and flows? Where is trafficking in persons most acute and how might it be recognized? Without an answer to these questions, appropriation of scarce resources becomes guesswork, and measurement of progress very unreliable. Sound information is needed to support decisions on a topic as important as human trafficking. This report shows that this information can be gathered economically and quickly. The international community cannot afford to go without it.

5. Limitations of the data

For the most part, the information used to compile this report was collected by national institutions, mostly for their own administrative purposes. The data were thus not originally compiled for the purposes of this research.

These data are affected by a number of limitations, as a result of which they do not provide full coverage of the phenomenon and cannot be systematically compared. The first limitation relates to differences in national legislation. National law is the basis for the official registration of the crime, and the data are clearly affected by the existence, scope and moment of entry into force of such legislation. In addition, national criminal justice systems differ from country to country, with different procedures implemented in the context of different legal systems. As a consequence, the volume and form of investigations, prosecutions or convictions will also necessarily reflect each country's legal and procedural system.

The second limitation relates to the ability of the criminal justice system to detect criminal activities. For various reasons, not all crimes committed are discovered (the so-called 'dark number' of undetected crimes). Thus, a large share of human trafficking activities is not detected by national authorities or other institutions. As a result, comparing criminal justice statistics across countries is highly problematic, since it means comparing an unknown and vari-able mix of phenomena, including the actual prevalence of the crime, the ability of law enforcement agencies to detect it and other factors.

The third limitation comes from the nature and functioning of data recording systems. The level of efficiency of existing systems that record human trafficking cases has a clear impact on the statistics provided in this report. The volume of victims and offenders officially recorded can be heavily influenced by the performance of the recording mechanisms.

For these reasons, it is not possible to interpret the data collected for this report as representing the true extent or magnitude of human trafficking. The figures used cannot be compared across countries, either to represent the severity of human trafficking or the different levels of performance of countries responding to the phenomenon.

Not all the information targeted by this research was available in all the countries covered. Con-sequently, when information on some relevant aspects of the trafficking situation is not represented for a country, the data can be considered as unavailable to UNODC. In addition, some information may be partial. For instance, information on the number of shelters available for victims of human trafficking, their capacities and the number of victims sheltered may not necessarily include all the shelters existing in a particular country but only those that could be identified when preparing this report. Similarly, court statistics might be partial when the absence of a centralized data depository system caused the team of researchers to seek information from each relevant court separately.

Finally, a margin of uncertainty exists related to the information presented for a limited number of countries where different authoritative sources (e.g., police and public prosecutors) provided different figures for the same indicator. In some of these cases, decisions had to be made by UNODC on which of these sources should be used.

Global Overview

1. Status of the legislation on trafficking in persons

a. The push of the United Nations Trafficking Protocol

By November 2008, 98 (63%) of the 155 countries and specially administered territories covered by this report had adopted a specific offence criminalizing trafficking in persons at least for the purposes of sexual exploitation and forced labour with no restriction regarding the age or the gender of the victim |5|. Twenty-seven (17%) of these countries have a specific offence of trafficking in persons restricted to some forms of exploitation and to some categories of victims (e.g., trafficking for sexual exploitation, child trafficking) or without a clear definition of the offence. Thirty (20%) of the countries covered by this data collection did not have a specific offence on trafficking in persons in their legislation as of November 2008. However, most of these countries reported that they criminalize forms or aspects of trafficking through other offences, such as sexual exploitation, child protection or labour-related offences.

This use of other offences to prosecute trafficking is also quite common among countries that have a specific and comprehensive offence on trafficking in persons. In practice, many criminal justice systems find it difficult to prove some important elements of the definition of trafficking, such as deception, abuse of vulnerability or even exploitation. As a consequence, some systems prosecute trafficking cases through offences like pandering, slavery, child protection or even by making use of labour laws to punish clear cases of trafficking in persons for forced labour.

The data shows that, during 2003-2007, a minimum of 20% (N: 19) of countries having specific offences in their criminal codes have systematically used offences other than trafficking in persons to prosecute trafficking episodes. This number, in fact, is likely to be greater since information on this issue was provided by a limited number of countries.

It must be stressed that while using trafficking-related offences can provide some recourse to justice for victims, applying legislation that is not specifically in line with the UN Trafficking Protocol raises the difficult issue of victim protection, which is normally not considered within the context of trafficking-related offences.

Map 2 represents the status of the criminalization of trafficking in persons. A large part of the world does have a specific offence criminalizing trafficking in persons at least for sexual exploitation and forced labour. There are a few countries, however, that criminalize only part of the phenomenon or do not clearly define trafficking in their legislation. Other countries prosecute some forms of trafficking in persons through other offences, because the specific crime of trafficking in persons is not included in their national legislation.

One of the elements emerging from the collected data is that most legislative frameworks on trafficking in persons have been developed only within the last few years. The real impact of the Protocol appears through a time-analysis of the dates when countries first introduced trafficking in persons legislation. The UN Protocol entered into force in December 2003. The data shows that the majority of countries did not have any sort of trafficking in persons legislation prior to that year and that most of the current laws criminalizing human trafficking were established after 2003.

Map 2. Criminalization of trafficking in persons - status of national legislation, by country (November 2008)


Click to enlarge

Source: UNODC/UN.GIFT

Cover most/all forms: Countries where the specific offence of trafficking in persons is in force, criminalizing at a minimum sexual exploitation and forced labour, with no restrictions concerning the profile of the victim.
Partial: Countries where the specific offence of trafficking in persons is in force, but legislation does not criminalize all or most forms listed in Article 3 of the UN Trafficking Protocol or does not define trafficking in persons.
No specific offence: Countries where forms of trafficking in persons are criminalized through other offences due to the absence of a specific trafficking in persons offence.

Table 2: Period of first introduction of the specific offence of trafficking in persons, number of countries by region
Middle East and North Africa (total: 10) West and Central Africa (total: 16) East Africa (total: 9) Southern Africa (total: 11)
Before 2003 2 countries 2 countries 1 country
2003-2006 2 countries 9 countries 3 countries 1 country
After 2006 4 countries 1 country 2 countries 2 countries
No offence in force
as of November 2008		 2 countries 4 countries 3 countries 8 countries

North America (total: 3) Central America and the Caribbean (total: 12) South America (total: 9) South and South-West Asia (total: 8) East Asia and the Pacific (total: 27)
Before 2003 2 countries 1 countries 4 countries 5 countries 8 countries
2003-2006 6 countries 4 countries 1 country 14 countries
After 2006 1 country 1 country 1 country
No offence in force
as of November 2008		 5 countries 2 countries 4 countries

Western and Central Europe
(total: 38)		 Eastern Europe and Central Asia
(total: 12)
Before 2003 24 countries 6 countries
2003-2006 12 countries 4 countries
After 2006 1 country 1 country
No offence in force
as of November 2008		 1 country 1 country

Fig. 1: Percentage of countries that have introduced
a specific offence on trafficking in persons into their legislation


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Source: UNODC/UN.GIFT

The charts in Figures 1 and 2 present the percentage of countries in each region that had legislation on human trafficking in 2003, 2006 and 2008. While in some countries the legal concept of trafficking in persons is not new, many other countries only adopted a specific offence of trafficking in persons after December 2003, when the UN Trafficking Protocol entered into force.

About 35% of the countries included in this report adopted a specific offence on trafficking in persons prior to 2003, but the UN Trafficking Protocol generated a wave of amendments to criminal codes introducing this offence. Forty-five per cent of the countries covered in this report adopted an offence of trafficking in per-sons for the first time during the period 2003-2008. These countries are mainly in East Asia and the Pacific, Central America and the Caribbean, and West Africa. While 65% of the countries had no specific anti-trafficking legislation before 2003, this figure was reduced to 20% by November 2008.

Fig. 2: Percentage of countries that have introduced a specific offence on t their legislation, by region


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Source: UNODC/UN.GIFT

Additionally, after 2003 many of the 35% of countries with long-standing anti-human traf-ficking provisions amended their criminal codes to include more forms of trafficking (i.e., criminalizing trafficking for forced labour and trafficking in adults).

About 25% of the countries in this report (N: 39) either introduced a new anti-trafficking law or amended their existing provisions between 2006 and November 2008. This number is likely to increase by the end of 2008, because at the time of publication of this report, many countries had proposed amendments that were still awaiting approval by competent authorities.

The relatively new development of comprehensive legislation addressing trafficking in persons might be a key explanation for the low level of conviction rates in some parts of the world.

The data collected during the reporting period also shows an increased political commitment to combat trafficking in persons. About 52% (N: 81) of the countries established a special anti-human trafficking police unit or a similar body that was actively functioning in November 2008.

Fig. 3: Percentage of countries having a trafficking in persons offence in force in November 2008


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Source: UNODC/UN.GIFT

A few more countries have specialized police dealing with organized crime matters, in general, or with human rights or child protection issues that deal directly or indirectly with the crime of trafficking in persons. Similarly, about 76 countries adopted a specific national plan of action on trafficking in persons prior to November 2008, and other countries adopted plans of action for related matters, such as child protection. A country without a national action plan to combat trafficking in persons might, however, not necessarily be less efficient than those that have one in place. Nevertheless, the adoption of a national action plan can generally be seen as a sign of the importance that trafficking in per-sons has in a country's political agenda.

Figure 4 represents the increase in the number of national action plans for trafficking in persons adopted after the entry into force of the UN Trafficking Protocol.

Fig. 4: Percentage of countries that adopted a national action plan on trafficking in persons before and after 2003


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Source: UNODC/UN.GIFT

b. Regional overviews

Middle East and North Africa (MENA)

Map 3: Specific offence of trafficking in persons - status of national legislation (November 2008)


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Source: UNODC/UN.GIFT

Cover most/all forms: Countries where the specific offence of trafficking in persons is in force, criminalizing at a minimum sexual exploitation and forced labour, with no restrictions concerning the profile of the victim.
Partial: Countries where the specific offence of trafficking in persons is in force, but legislation does not criminalize all or most forms listed in Article 3 of the UN Trafficking Protocol or does not define trafficking in persons.
No specific offence: Countries where forms of trafficking in persons are criminalized through other offences due to the absence of a specific trafficking in persons offence.

Among the North African and Middle Eastern countries coveted by this report, at the time of publication only Bahrain, Israel, Oman and the United Arab Emirates (all from the Middle East sub-region) had included a specific offence of trafficking in persons in their criminal codes and criminalized, at a minimum, sexual exploitation and forced labour, with no restrictions concerning the age of the victim.

Egypt specifically criminalized child trafficking in June 2008. The legislation of Morocco includes the offence of trafficking in persons in its criminal code, but the legislation does not include a definition. Similarly, Sudan reported the adoption of an offence of trafficking in per-sons as part of its 2007 cyber ctime legislation, but the law does not specifically define trafficking in persons. The Iraqi legislation criminalizes trafficking in women and children. The United Arab Emirates introduced legislation in 2006, as did Bahrain in 2008, and Israel added a forced labour component to its existing anti-trafficking law in 2006.

As a result of the general absence of national legislation on trafficking in persons during the reporting period, criminal justice systems within the MENA region tended to rely on other laws to prosecute trafficking cases. This situation, however, is also common in countries such as Israel, where specific anti-trafficking legislation exists. Most of the countries of the MENA region included in this report have legislation on telated crimes or partial aspects of the crime, such as sexual exploitation, pandering and segregation.

West and Central Africa

Map 4: Specific offence of trafficking in persons - status of national legislation (November 2008)


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Source: UNODC/UN.GIFT

Cover most/all forms: Countries where the specific offence of trafficking in persons is in force, criminalizing at a minimum sexual exploitation and forced labour, with no restrictions concerning the profile of the victim.
Partial: Countries where the specific offence of trafficking in persons is in force, but legislation does not criminalize all or most forms listed in Article 3 of the UN Trafficking Protocol or does not define trafficking in persons.
No specific offence: Countries where forms of trafficking in persons are criminalized through other offences due to the absence of a specific trafficking in persons offence.

The legislative situation in West and Central Africa is slightly different compared to that in the other three African regions, and the 16 countries in this region considered in this report can be grouped by the type of trafficking in persons legislation they have adopted. The first group includes the five Anglophone countries |6| plus Senegal and Mauritania, all of which have adopted a specific provision criminalizing at least trafficking for sexual exploitation and for forced labour, with no restricrions regarding rhe age or gender of the victim. The second group is made up of Benin, Burkina Faso, Gabon, Mali and Togo, which have adopted provisions that only criminalize child trafficking. The third group includes the remaining four countties, Chad, Cote d'Ivoire, Guinea and Niger, that did not have a specific offence addressing any forms of trafficking in persons.

The introduction of an offence of trafficking in persons - or child trafficking - in national legislation is recent in most of the region. Mauritania and Nigeria have had a specific offence of traf-ficking in persons in place since 2003, and Mali has had a child trafficking provision in its crim-inal code since 2001, but the other nine countries only adopted a provision on child or human trafficking in 2005 or later. Aurhorities in Chad, Côte d'Ivoire and Niger are currently considering draft anti-trafficking laws.

At the regional level, the Member States of West and Central Africa are parties either to the 2001 ECOWAS |7| Plan of Action to Combat Trafficking in Persons especially Women and Children (extended until 2011), or to the ECOWAS/ ECCAS |8| Plan of Action to Combat Trafficking in Persons especially Women and Children and to the 2006 Multilateral Cooperation Agreement to Combat Trafficking in Persons in West and Central Africa.

East Africa

Map 5: Specific offence of trafficking in persons - status of national legislation (November 2008)


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Source: UNODC/UN.GIFT

Cover most/all forms: Countries where the specific offence of trafficking in persons is in force, criminalizing at a minimum sexual exploitation and forced labour, with no restrictions concerning the profile of the victim.
Partial: Countries where the specific offence of trafficking in persons is in force, but legislation does not criminalize all or most forms listed in Article 3 of the UN Trafficking Protocol or does not define trafficking in persons.
No specific offence: Countries where forms of trafficking in persons are criminalized through other offences due to the absence of a specific trafficking in persons offence.

At the time of preparation of this report, some of the countties in East Africa (Djibouti, Ethiopia, Eritrea, Rwanda and Tanzania) had enacted trafficking in persons legislation. Other countries were in the process of adopting such legislation in 2008, either having presented draft legislation to their legislative bodies or being in an advanced stage in the drafting process.

In the absence of any comprehensive legislation during the reporting period, all the countries had other laws that could be used to prosecute offenders for crimes commonly associated with human trafficking, especially related to child trafficking offences such as "child stealing" and "child abduction", or sexual offences, labour laws, "offences against morals and the family" and many others.

Southern Africa

Map 6: Specific offence of trafficking in persons - status of national legislation (November 2008)


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Source: UNODC/UN.GIFT

Cover most/all forms: Countries where the specific offence of trafficking in persons is in force, criminalizing at a minimum sexual exploitation and forced labour, with no restrictions concerning the profile of the victim.
Partial: Countries where the specific offence of trafficking in persons is in force, but legislation does not criminalize all or most forms listed in Article 3 of the UN Trafficking Protocol or does not define trafficking in persons.
No specific offence: Countries where forms of trafficking in persons are criminalized through other offences due to the absence of a specific trafficking in persons offence.

Mozambique's Anti-Human Trafficking Act was signed into law in 2008, making it the first country in the region with dedicated anti-trafficking legislation. Few other countries in the region have a national policy or comprehensive legislation in place to address this crime, and there was no regional instrument in Southern Africa during rhe reporting period concerning the prevention, suppression or punishment of trafficking. The Zambian Criminal Code contains a provision criminalizing trafficking in persons, but it does not include a definition of the crime. The South African Children's Bill contains specific child trafficking provisions (for sexual exploitation only), and Malawi has included useful provisions prohibiting child exploitation and has trafficking legislation in the drafting stage.

With the exception of Mozambique's Anti-Human Trafficking Act of 2008, none of the criminal laws currently in place in the region adequately address all the essential elements of human trafficking as listed in Article 3 of the UN Trafficking Protocol. In the absence of comprehensive legislation, all the countries in Southern Africa have laws in place that could be used to prosecute offenders for crimes commonly associated with human trafficking.

North America

Map 7: Specific offence for Trafficking in Persons - status of national legislation - (November-2008)


Click to enlarge

Source: UNODC/UN.GIFT

Cover most/all forms: Countries where the specific offence of trafficking in persons is in force, criminalizing at a minimum sexual exploitation and forced labour, with no restrictions concerning the profile of the victim.
Partial: Countries where the specific offence of trafficking in persons is in force, but legislation does not criminalize all or most forms listed in Article 3 of the UN Trafficking Protocol or does not define trafficking in persons.
No specific offence: Countries where forms of trafficking in persons are criminalized through other offences due to the absence of a specific trafficking in persons offence.

Canada's first law that specifically criminalized trafficking in persons was enacted in 2002. Additional amendments were made to the Criminal Code in 2005 which created three additional specific offences to cover all forms of trafficking. Together with a specific trafficking in persons offence, non trafficking specific offences were used for prosecuting some forms of trafficking activities during the reporting period. Mexico implemented reforms in its penal code in 2007. Anti-trafficking efforts in Mexico fall partly under the competency of the country's 31 states and one federal district. In 2008, 19 of the Mexican states adopted anti-trafficking provisions as part of their criminal codes.

The USA adopted the Trafficking in Victims Protection Act (TVPA) in 2000, and subsequently amended it in 2003 and 2004. During the reporting period, non trafficking specific offences were used together with a specific trafficking in persons offence for prosecuting some forms of trafficking activities.

Anti-trafficking legislation in these three countries criminalizes at least trafficking in persons for sexual exploitation and forced labour, with no restrictions on the age or gender of the victim.

Central America and the Caribbean

Of the 12 countries in the region covered by this report, the Dominican Republic, El Salvador, Guatemala and Nicaragua have implemented teforms in their penal codes criminalizing at least trafficking in persons for sexual exploitation and forced labour, with no restrictions on the age or gender of the victim. The other countries in the region either had no anti-trafficking provisions in place during the reporting period (Barbados, Haiti, Saint Lucia, Saint Vincent and the Grenadines, and Trinidad and Tobago) or criminalized only Trafficking in persons for the purpose of sexual exploitation (Honduras and Panama). Costa Rica criminalized only the international trafficking of women and children for the purpose of sexual exploitation and the trafficking of minors.

Countries that did not have the legal instruments to prosecute offenders through specific provisions on human trafficking applied other offences to prosecute some forms of trafficking, including sexual exploitation, forced labour, slavery, servitude, illegal adoption and corruption of minors. Some countries in the region revised their legal provisions on human trafficking during the reporting period (e.g., Nicaragua in 2008), while others were considering the adoption of new provisions or were reforming existing legal provisions (e.g., Costa Rica, Guatemala, Haiti and Panama).

South America

Map 8: Specific offence for Trafficking in Persons - status of national legislation - (November-2008)


Click to enlarge

Source: UNODC/UN.GIFT

Cover most/all forms: Countries where the specific offence of trafficking in persons is in force, criminalizing at a minimum sexual exploitation and forced labour, with no restrictions concerning the profile of the victim.
Partial: Countries where the specific offence of trafficking in persons is in force, but legislation does not criminalize all or most forms listed in Article 3 of the UN Trafficking Protocol or does not define trafficking in persons.
No specific offence: Countries where forms of trafficking in persons are criminalized through other offences due to the absence of a specific trafficking in persons offence.

Almost all South American countries covered by this report have adopted specific provisions in their legislation to combat trafficking in persons. Between 2005 and 2008, several countries in the region introduced new anti-trafficking laws or modified provisions that previously had covered only international trafficking for sexual exploitation.

By mid-2008, a specific offence of trafficking in persons covering all or most forms of exploitation had been adopted by Argentina, Bolivia, Colombia and Peru. In Brazil, the specific offence of trafficking in persons covered only sexual exploitation, however trafficking for forced labour was criminalized through other offences.

During the period considered by this report, the laws in Chile and Paraguay did not include a specific offence of trafficking in persons, but they both criminalized illegal entry into the country for the purpose of prostitution, implying that these two countries criminalized only international trafficking for the purpose of sexual exploitation. In 2008, both Chile and Peru were at the stage of introducing new and comprehensive trafficking in persons offences into their criminal codes. The law in force in Ecuador in 2008 did not include removal of organs as a possible purpose for trafficking in persons. In Colombia, Ecuador and Peru, forced begging was included in legislation as one of the forms of exploitation of trafficking in persons, and specific programmes and protocols exist for victim assistance.

It is important to note that during the reporting period, most forms of human trafficking for the purposes of labour exploitation, slavery and servitude were covered by other offences in the penal codes or by labour laws, and not always under the offence of trafficking in persons. These laws were often used in lieu of anti-trafficking legislation, for example in slavery cases in Brazil. While this provides a quick way out of slavery and limited compensation for victims, it raises the difficult issue of specific victim support and protection and precludes a forceful criminal justice response.

In this region, all states covered by this overview have had a working group or national focal point in place since 2005 to coordinate anti-trafficking policy and assistance to victims. Bolivia, Brazil, Colombia, Ecuador, Paraguay and Peru all adopted national plans of action in 2005. Several federal states and some municipalities in Brazil have drafted their own local plans of action.

East Asia and the Pacific

Map 9: Specific offence of trafficking in persons - status of national legislation - (November 2008)


Click to enlarge

Source: UNODC/UN.GIFT

Cover most/all forms: Countries where the specific offence of trafficking in persons is in force, criminalizing at a minimum sexual exploitation and forced labour, with no restrictions concerning the profile of the victim.
Partial: Countries where the specific offence of trafficking in persons is in force, but legislation does not criminalize all or most forms listed in Article 3 of the UN Trafficking Protocol or does not define trafficking in persons.
No specific offence: Countries where forms of trafficking in persons are criminalized through other offences due to the absence of a specific trafficking in persons offence.

Most of the 27 countries in East Asia and the Pacific included in this report have adopted specific legislative provisions to combat trafficking in persons or at least some of its aspects. The exceptions are the four Pacific States of Micronesia, Samoa, the Solomon Islands and Tuvalu where the specific offence of trafficking in persons was not part of their criminal codes.

Between 2005 and 2008, eight countries in the region and two of the Pacific Islands introduced new anti-trafficking laws or modified previous provisions on trafficking in persons, so most of the legislation in the region is recent. New Zea-land's 2002 legislation is the oldest anti-trafficking legislation in force in the region that criminalizes all aspects of trafficking.

Trafficking for sexual exploitation has been a prominent focus of legislation. As of November 2008, the Republic of Korea, Singapore and Viet Nam had specific provisions on trafficking in persons solely addressing sexual exploitation (or trafficking in women and children). Many of the countries that had legislation criminalizing all or most forms of trafficking in persons in 2008 only criminalized trafficking for sexual exploitation prior to 2006.

South and South-West Asia

Map 10: Specific offence of trafficking in persons - status of national legislation - (November 2008)


Click to enlarge

Source: UNODC/UN.GIFT

Cover most/all forms: Countries where the specific offence of trafficking in persons is in force, criminalizing at a minimum sexual exploitation and forced labour, with no restrictions concerning the profile of the victim.
Partial: Countries where the specific offence of trafficking in persons is in force, but legislation does not criminalize all or most forms listed in Article 3 of the UN Trafficking Protocol or does not define trafficking in persons.
No specific offence: Countries where forms of trafficking in persons are criminalized through other offences due to the absence of a specific trafficking in persons offence.

Except for the Maldives and Afghanistan, all the South Asian countries covered in this report included the specific offence of trafficking in persons in their criminal codes during the reporting period.

Trafficking in persons is not a new legislative concept for most of the countries in this region. The offence of human trafficking, even if limited in scope, existed in most national legislations before it did in other parts of the world. The most recent anti-trafficking legislation was adopted in Sri Lanka in 2006. Five countries of the region criminalize at least trafficking in persons for sexual exploitation and forced labour, with no restrictions on the age or gender of the victim, while Bangladesh criminalizes only trafficking for sexual exploitation.

Afghanistan's criminal justice system, in the absence of specific trafficking in persons legislation, applies the law on kidnapping to prosecute cases that likely would be considered trafficking in persons according to the UN Trafficking Protocol.

Eastern Europe and Central Asia

Map 11: Specific offence of trafficking in persons - status of national legislation (November 2008)


Click to enlarge

Source: UNODC/UN.GIFT

Cover most/all forms: Countries where the specific offence of trafficking in persons is in force, criminalizing at a minimum sexual exploitation and forced labour, with no restrictions concerning the profile of the victim.
Partial: Countries where the specific offence of trafficking in persons is in force, but legislation does not criminalize all or most forms listed in Article 3 of the UN Trafficking Protocol or does not define trafficking in persons.
No specific offence: Countries where forms of trafficking in persons are criminalized through other offences due to the absence of a specific trafficking in persons offence.

Most of the countries of this region have legislation in force defining and criminalizing trafficking in persons. The only exception is Turkmenistan, which adopred some provisions in 2007, but did not establish a specific offence of trafficking in persons in its criminal code.

Legislations on trafficking in persons are not new in Eastern Europe and Cenrral Asia. Most of the countries had legislation on related crimes or on partial aspects of the crime even before signing the UN Trafficking Protocol. Belarus, Ukraine and Moldova adopted laws on trafficking in persons before 2003 that were still in force in 2008. However, most of the countries established new legislation between 2003 and 2008. Where legislation already existed, it criminalized at least trafficking in persons for sexual exploitation and forced labour, with no restrictions concerning the age or gender of the victim.

The criminal justice systems within this tegion tended to apply specific trafficking in persons legislation where available, but laws on various non-trafficking specific offences also were used frequently. In several countries of the region, the offences of "recruitment for exploitation", "pandering", "sexual exploitation" or similar charges were used to prosecute traffickers as a side offence of trafficking in persons or even as the only offence when some elements of the trafficking process were difficult to prove.

At regional level, the member states of the Commonwealth of Independent States (CIS) established a plan of cooperation in 2005 to combat ttafficking in persons and the trafficking of human organs and tissues. Similarly, the programme for cooperation among the CIS countries to combat trafficking in persons for the period 2007-2010 was approved by the Council of Heads of States of the CIS on 28 November 2006.

Western and Central Europe

Map 12: Specific offence for trafficking in persons - status of national legislation - (November 2008)


Click to enlarge

Source: UNODC/UN.GIFT

Cover most/all forms: Countries where the specific offence of trafficking in persons is in force, criminalizing at a minimum sexual exploitation and forced labour, with no restrictions concerning the profile of the victim.
Partial: Countries where the specific offence of trafficking in persons is in force, but legislation does not criminalize all or most forms listed in Article 3 of the UN Trafficking Protocol or does not define trafficking in persons.
No specific offence: Countries where forms of trafficking in persons are criminalized through other offences due to the absence of a specific trafficking in persons offence.

Most of the 38 countries and territories in the European region covered by this report have specific provisions in their criminal codes to combat trafficking in persons or at least some of its aspects. Estonia did not have a specific offence of trafficking in persons but criminalized aspects of it through related offences. The Polish Criminal Code considers specifically the offence of "trafficking in persons" and, even though it is not defined there, the jurisprudence refers to the definition found in Article 3 of the UN Trafficking Protocol for applying this article of the penal code.

Trafficking in persons is not a new legal concept for most of these countries. Between 2005 and 2008, more than 10 countries reshaped their anti-trafficking legal frameworks, mainly modifying their criminal codes to include the forms of trafficking rhat were not previously criminalized. Most of the countries in South-East Europe adopted legislation on trafficking between 2001 and 2004; Italy, Greece and Turkey adopted a legislation between 2002 and 2003; most of the Northern European countries adopted a legislation between 2002 and 2004; Central European countries adopted their legislation between 1998 and 2004; and most of Western Europe has had a legislation dealing with trafficking for sexual exploitation in place since the late 1990s.

The majority of the countries in this region that have a specific offence of trafficking in persons criminalize at least trafficking for sexual exploitation and forced labour, with no resrrictions concerning the age and the gender of the victim. Nevertheless, it appears that many of the European criminal justice systems still employ other offences to prosecute some trafficking cases. For instance, the offences of "sexual exploitation", "pimping" or "pandering" often are used to prosecute cases of trafficking for sexual exploitation. The offences of "slavery" or "trade of slaves" often are used to prosecute trafficking for forced labour.

Criminalization of the offence of trafficking in persons
The lack of specific and/or adequate legislation on trafficking in persons at the national level is one of the major obstacles in the fight against trafficking. There is an urgent need to harmonize legal definitions, procedures and cooperation at the national and regional levels in accordance with international standards. The development of an appropriate legal framework that is consistent with the relevant international instruments and standards will also play an important role in the prevention of trafficking and related exploitation. The UN Trafficking Protocol requires the criminalization of trafficking in persons. The UN Convention against Transnational Organized Crime, Article 5 of the Trafficking Protocol, also requires the criminalization of the full range of conducts related to trafficking in persons as defined in Article 3 of the Protocol. In other words, it is not sufficient to criminalize some underlying offences of human trafficking, but human trafficking in its entirety needs to be criminalized. Additionally, the UN Trafficking Protocol requires the criminalization of the attempt to commit trafficking, participation as an accomplice, and organizing or directing others to commit trafficking.

Extract from the Toolkit to Combat Trafficking in Persons, Global Programme against Trafficking in Human Beings, United Nations, 2006.

Core results - Global baseline data on legislation

  • Before 2003, 35% of the countries had legislation and 65% did not.
  • As of November 2008, 80% of the countries had legislation and 20% did not.
  • By November 2008, 17% of countries had a specific offence criminalizing only some forms of trafficking.
  • At least 20% of the countries with a specific offence on trafficking in persons also use other offences to prosecute trafficking cases.

2. The criminal justice response to trafficking in persons

a. A large area of impunity

As more countries introduce the specific offence of trafficking in persons and show an increased political commitment, more prosecutions and convictions are expected to be recorded.

Figure 5 shows the trend in the number of con-victions recorded by the countries considered in this report.

Fig. 5: Trends in the number of recorded convictions*, percentage of countries (for at least three years between 2003 and 2007)


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Source: UNODC/UN.GIFT
* When trends in convictions were not available, trends concerning prosecutions or investigations were considered.

About 21% |9| of countries registered an increase in convictions during 2003-2007, while 8% recorded a decrease in the absolute number of persons convicted. In the other countries where this trend analysis was carried out, the level of convictions remained stable during the period considered.

Western and Central Europe was the region where more countries had decreasing trends in the number of criminal proceedings for trafficking in persons during the period considered.

Conversely, Eastern Europe and Central Asia was the region where a larger share of countries registered increasing trends in the number of convictions during the period 2003-2007.

Fig. 6: Trends in the number of recorded convictions* in Eastern Europe and Central Asia, percentage of countries

Fig. 7: Trends in the number of recorded convictions* in Western and Central Europe, percentage of countries


Click to enlarge


Click to enlarge

Source: UNODC/UN.GIFT
* When trends in convictions were not available, trends concerning prosecutions or investigations were considered.

Source: UNODC/UN.GIFT
* When trends in convictions were not available, trends concerning prosecutions or investigations were considered.

Overall, the number of prosecutions and convictions recorded in a large part of the world was very limited. This is likely due to the absence of legislation or the fairly recent status of most of the legislation addressing trafficking in persons in many countries.

A large number of the countries covered by this report did not record even a single conviction under the specific offence of trafficking in persons.

Table 3 indicates the number of countries where no prosecutions for the specific offence of trafficking in persons were recorded through mid-2008. Prosecutions conducted under non-specific trafficking in persons offences are not considered in this table.

Table 3 shows that, during the reporting period, 50 countries recorded no prosecutions for the specific offence of trafficking in persons - the equivalent of about 32% of the countries covered by this report |10|. This ratio is lower in the regions of Western and Central Europe, Eastern Europe and Central Asia, North America and South Asia. In Southern and East Africa and in the Middle East and North Africa, the majority of countries recorded no prosecutions.

Table 3 Prosecutions for the specific offence of trafficking in persons, number of countries by region
Regions

Number of countries with no recorded prosecutions for the specific offence of trafficking in persons (TIP)

 Number of countries with at least one recorded prosecution of trafficking in persons Number of countries where information on prosecutions was unavailable
Countries with no TIP offence Countries with TIP offence
Middle East and North Africa 2 countries 2 countries 3 countries 3 countries
West and Central Africa 4 countries 2 countries 8 countries 2 countries
East Africa 3 countries 2 countries 2 countries 2 countries
Southern Africa 8 countries 1 country 1 country 1 country
North America 3 countries
Central America and the Caribbean 5 countries 1 country 6 countries
South America 1 country 7 countries 1 country
East Asia and the Pacific 4 countries 7 countries 13 countries 3 countries
South and South-West Asia 2 countries 1 country 5 countries
Eastern Europe and Central Asia 1 country 11 countries
Western and Central Europe 1 country 3 countries 32 countries 2 countries
Total 30 20 91 14 (9% of all countries

Nineteen of the countries with a specific offence of trafficking in persons in their criminal codes had not recorded any prosecutions as of November 2008. This lack of prosecutions is likely due to the recent introduction of the offence in the criminal code.

Less information was available concerning convictions. No information was collected at all on the number of convictions for trafficking in persons for 11% of the countries included in this report. Convictions conducted under non-specific trafficking in persons offences are not considered in this table.

Table 4: Convictions for the specific offence of trafficking in persons, number of countries by region
Regions Number of countries with no recorded convictions for the specific offence of trafficking in persons (TIP) Number of countries with at least one recorded conviction of trafficking in persons Number of countries where information on convictions was unavailable
Countries with no TIP offence Countries with TIP offence
Middle East and North Africa 2 countries 2 countries 3 countries 3 countries
West and Central Africa 4 countries 5 countries 5 countries 2 countries
East Africa 3 countries 3 countries 1 country 2 countries
Southern Africa 8 countries 2 countries 1 country
North America 2 countries 1 country
Central America and the Caribbean 5 countries 2 countries 4 countries 1 country
South America 1 country 7 countries 1 country
East Asia and the Pacific 5 countries 8 countries 11 countries 3 countries
South and South-West Asia 2 countries 2 countries 4 countries
Eastern Europe and Central Asia 1 country 11 countries
Western and Central Europe 1 country 3 countries 26 countries 8 countries
Total 31 30 73 21 (14% of all countries)

About 40% of the countries covered by this report recorded no convictions |11| during the reporting period. This ratio was lower in Western and Central Europe, Eastern Europe and Central Asia, and South America. Very few convictions were recorded between 2003 and 2007 in East and Southern Africa.

Fig. 8: Distribution of all countries according to the number of convictions recorded
for the specific offence of trafficking in persons during the reporting period


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Source: UNODC/UN.GIFT

It is clear that the existence and the date of introduction of specific anti-trafficking legislation plays an important role in understanding the absolute levels and trends in recorded prosecutions and convictions. Without a specific offence of trafficking in persons there is no basis for such action, thus regions such as Southern and East Africa where legislation is lacking have less convictions to report. At the same time, 30 countries among those with legislation specifically criminalizing trafficking in persons recorded no convictions during the reporting period.

The situation does not improve when the absolute number of convictions is examined in countries where there was at least one conviction recorded during the reported period. About 30% of the countries considered in this study recorded 10 or more convictions per year (for at least one year). Overall, about 58% of the countries covered by this report recorded between zero and 10 convictions per year. In the entire African continent, only a couple of countries exceeded 10 convictions in at least one of the years of the reporting period.

Fig. 9: Distribution of all countries according to the number of convictions recorded
for the specific offence of trafficking in persons during the reporting period, by region


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Source: UNODC/UN.GIFT

b. Regional overviews

Middle East and North Africa

There is a scarcity of criminal justice statistics in this region. Only Israel and Morocco have had the specific offence of trafficking in persons in their criminal codes long enough to analyse trends in their criminal justice responses. Trafficking trends were fairly stable in both countries during the reporting period.

Egypt and Oman, as well as other countries in the region, adopted offences related to trafficking to prosecute some forms of trafficking in persons. The number of persons investigated in these countries decreased during the reporting period. The United Arab Emirates and Bahrain adopted comprehensive legislation on trafficking in persons after 2006, and convictions were recorded in both countries, but criminal justice trends could not be identified at the time of the publication of this report.

West and Central Africa

Criminal justice statistics are generally scarce in this region mainly due to the recent nature of legislation. No clear regional trends emerge from the available data, although some countries have seen an increase in investigations, and others have observed stable or decreasing trends.

Countries where information on investigations, prosecutions and convictions was available indicate that convictions were low compared to the number of persons investigated. During the period under consideration, Nigeria and Ghana were the only countries to record convictions among those criminalizing all forms of trafficking in persons. Of the countries that only criminalize child trafficking, Benin, Burkina Faso and Togo reported convictions. Available criminal justice statistics on the number of traffickers and victims are generally low compared to the numbers identified by national authorities or sheltered by NGOs.

East Africa

The combined absence of a specific trafficking in persons offence and the low criminal justice response in the region do not allow for the identification of specific regional trafficking patterns or trends during the reporting period.

Ethiopia is the only East African country covered in this report that recorded trafficking in persons convictions between 2003 and 2007. These statistics do not improve even when related offences are considered, because few convictions were recorded for offences such as "child stealing" or "child labour" that could be used to prosecute child traffickers.

Southern Africa

As with East Africa, the combined absence of a specific trafficking in persons offence, the lack of credible data and the low criminal justice response do not allow for the identification of specific regional trends.

The only statistic that can be highlighted is that not a single conviction was recorded for trafficking in persons in the entire Southern Africa region, and very few cases involving traffickers have been prosecuted to date. In the exceptional cases where traffickers were caught and prosecuted, they were usually charged with kidnapping, abduction, immigration or sexual offences or were deported rather than prosecuted. As a result, very few convictions were recorded even when trafficking-related offences were considered.

North America

Canada, Mexico and the USA recorded different patterns in terms of criminal justice responses to trafficking in persons.

The available information concerning Canada reflects only the minimum number of trafficking cases charged and prosecuted during the reporting period, because many court decisions went unreported. Official criminal justice data for March 2007 through February 2008 from the police and the courts was unavailable at the time of preparation of this report.

In Mexico, the number of investigations and prosecutions rose following the adoption of legislation on trafficking in persons in 2007.

Data for the USA shows a rising trend in investigations, prosecutions, convictions and in the absolute number of criminal justice proceedings.

Central America and the Caribbean

Criminal justice statistics for this region are scarce, but the absolute number of investigations and prosecutions generally rose during the period under consideration. This was the case for Costa Rica, the Dominican Republic, Guatemala, Nicaragua, Panama and El Salvador up to 2007.

Out of these investigations, a few dozen prosecutions resulted in convictions. The first convictions for trafficking in persons offences in the region were registered only from 2005 onwards, with the Dominican Republic accounting for the largest number.

South America

Given the multitude of legal codes that can be applied in cases of exploitation and human trafficking, statistical information on the specific criminal justice responses to trafficking in per-sons is scarce and hard to put into context. Data on investigations, prosecutions and convictions refer mostly to trafficking for the purpose of sexual exploitation. This may be due to the fact that the domestic legislation of some countries only defines trafficking in terms of sexual exploitation.

Fig. 10: Cases of trafficking in persons investigated in Peru (2004-2007)


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Source: Capital Humano y Social Alternativo, Perú

Where data on suspected trafficking cases and investigations was available, numbers rose (Bolivia, Brazil and Peru) or remained stable (Colombia) for the 2003-2007 period. Venezuela recorded a decreasing trend in convictions during the considered period. Over the same timeframe, however, only a few dozen cases of trafficking in persons were prosecuted in the entire South American region resulting in even fewer convictions in the region, although with a rising trend after 2005.

East Asia and the Pacific

East Asia was rich in criminal justice statistics for the reporting period. By contrast, a very limited number of cases of trafficking in persons and related offences were detected in the Pacific area.

Trends indicating an increase in the number of cases of trafficking and related offences were detected in Cambodia, Indonesia, Mongolia, Timor-Leste, Thailand and Viet Nam. Some-what stable to decreasing trends in human trafficking cases were recorded in other countries in the region during 2003-2007.

Overall, some countries of the Mekong sub-region reported numbers of criminal proceedings that were higher than the regional average.

Fig. 11: Persons investigated for the offence of "sale or acquisition of humans" in Mongolia (2003-2007)


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Source: State Investigation Department, Mongolia

South and South-West Asia

The level of criminal proceedings recorded during the reporting period in the South Asian region was very high. India, especially, recorded a large number of investigations, though proportionate to the population of the country. Similarly, Nepal and Pakistan recorded very high numbers of prosecutions and convictions.

Fig. 12: Number of prosecutions for trafficking in persons in India (2003-2006)


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Source: National Crime Records Bureau, India

Where information is available for 2003-2005, trends show a general increase in prosecutions for trafficking in persons. These trends apply to India, Nepal, Pakistan and Sri Lanka, but there are no human trafficking prosecutions recorded for the Maldives and Bhutan.

Eastern Europe and Central Asia

Statistics on the criminal justice responses were relatively abundant for most of the countries in Eastern Europe and Central Asia during the reporting period. The only exception was Turkmenistan where the absence of legislation is the clear cause of the lack of related statistics.

The number of investigations, prosecutions and convictions indicated no unique trends. How-ever, many countries experienced a rise in prosecutions and convictions immediately after the adoption of relevant legislation, which was then followed by a slight reduction in later years. For instance, some countries in the western part of the region (Belarus, Ukraine and Georgia) saw moderately growing trends in prosecutions and convictions in the first half of this decade followed by a decrease in prosecutions and convictions after 2005, and Kyrgyzstan and Tajikistan in Central Asia experienced similar trends. In Moldova and the Russian Federation, increasing investigations and prosecutions indicate a con-sistent rise in the detection of traffickers. Uzbeki-stan showed the same pattern based on prosecutions recorded under the offence of "recruitment for exploitation".

Fig. 13: Cases of trafficking in persons investigated in Moldova (2002-2007)


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Source: Office of the Prosecutor-General, Republic of Moldova

At the regional level during the period under consideration, joint operations were frequently conducted by law enforcement agencies of the CIS countries to suppress the activities of criminal syndicates engaged in trafficking in per-sons.

Western and Central Europe

There is an abundance of criminal justice information on trafficking in persons for the countries in this region. However, as can be seen in other regions, the statistics for some countries do not clearly reference the specific offence of trafficking in persons, because national authorities aggregate the figures for trafficking in persons together with those for other offences. An additional complication is that some countries have more than one authority or institution providing official data on different aspects of trafficking.

Fig. 14: Persons indicted for trafficking in persons
in Bulgaria (2003-2006)

Fig. 15: Persons suspected of trafficking for the purpose
of sexual exploitation in Germany (2003-2007)


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Source: The Supreme Cassation Prosecutor Office in Bulgaria

Source: Bundeskriminalamt Trafficking in Human Beings, Germany

Some sub-regional trends can be clearly identified. With the exception of Albania and Montenegro, all the South-East European countries |12| recorded a rise in the number of persons investigated, prosecuted or convicted for human trafficking during the reporting period. Conversely, Albania, Montenegro and almost all the Central European countries |13| showed a decreasing trend in the number of persons investigated or prosecuted for human trafficking between 2003 and 2007. Germany, Greece and Italy also recorded a decrease in investigations and prosecutions over the last two to three years, whereas Denmark, France and the United Kingdom showed a general increase in the number of criminal proceedings underway involving suspected cases of trafficking.

Comparing the conviction rate for trafficking in persons with other offences
As of 2007, about 40% of the world had not recorded a single conviction for trafficking in persons. Not only are traffickers not convicted in many countries, but when convictions are recorded, the numbers seem low compared to the estimated number of victims. The bulk of convictions were recorded in a few regions, mainly Western and Central Europe, Eastern Europe and Central Asia, and South Asia. A relatively large number of convictions were also recorded in East Asia. Nevertheless, the conviction rate recorded in these areas was rarely above 1.5 per 100,000 people. Most countries' conviction rates have remained far below this rate. In comparison, 1.5 convictions per 100,000 people is the level normally recorded for rare crimes, such as kidnapping in Western European countries.

Core results - Global baseline data on criminal justice responses

  • 32% of the countries recorded no prosecutions from 2003 to 2007.
  • 40% of the countries recorded no convictions from 2003 to 2007.
  • 19% of the countries that had a specific offence on trafficking in persons recorded no convictions from 2003 to 2007.

3. Trafficking in persons patterns

a. Offenders: A new gender perspective

Based on the data collected, it is possible to identify the major patterns of trafficking in persons. This data only reflects some of the reported cases of trafficking in persons (and related offences) and thus represents only a part of the total number of trafficking cases that actually occur.

Enough data was provided during the reporting period to analyse the profile of trafficking offenders. For each country included in the report, UNODC inquired about the gender, age and citizenship of the persons investigated, prosecuted and convicted. When information on the nationalities of those convicted was available, it overwhelmingly showed that offenders were nationals of the countries where the trafficking took place.

A slightly different pattern emerges from the data recorded in Western and Central Europe and the Middle East, where the role of foreign offenders appeared to be more significant than in other regions of the world.

Interesting results concerning the gender of offenders emerged from the data collected for this report. Males represent the great majority of offenders for many crimes, but females appear to play a prominent role in trafficking in persons cases. Table 5 (next page) provides a global overview of the percentage of women involved in committing trafficking in persons crimes relative to the total number of offenders (prosecuted or investigated when conviction rates are not available) on a regional basis.

Fig. 16: Persons convicted of trafficking in persons related offences
in the UAE, by region of nationality (2005-2006)

Fig. 17: Persons under prosecution for trafficking in persons offences
in Italy, by citizenship (2003-2007)


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Source: Office of the Public Prosecution, Dubai (UAE)

Source: National Anti-Mafia Bureau, Italy

Table 5: Distribution of countries according to the percentage of females among offenders convicted for trafficking in persons, by region (2003-2007)
Middle East and North Africa
(total: 10)		 West and Central Africa
(total: 16)		 East Africa
(total: 9)		 Southern Africa
(total: 11)
Below 10% 2 countries
10%-35% 1 country 2 countries
35%-50% 1 country
Above 50% 2 countries
No or little information available 8 countries 10 countries 9 countries 11 countries

North America (total: 3) Central America and the Caribbean (total: 12) South America (total: 9) South and South-West Asia (total: 8) East Asia and the Pacific (total: 27)
Below 10%
10%-35% 1 country
35%-50% 1 country 1 country 3 countries
Above 50% 2 countries 2 countries 2 countries
No or little information available 3 countries 8 countries 6 countries 8 countries 22 countries

Western and Central Europe
(total: 38)		 Eastern Europe and Central Asia
(total: 12)
Below 10% 2 countries
10%-35% 16 countries
35%-50% 2 countries
Above 50% 1 country 5 countries
No or little information available 19 countries 5 countries

Table 5 shows the lack of general information on the profile of offenders. For about 109 of the countries and specially administered territories among the 155 covered in this report, information was either not available or the number of proceedings were too few to conduct an adequate analysis.

In 30% (N:14) of the countries where the gender of the offender was known, more women were convicted (or investigated/prosecuted). In 28 countries, the percentage of women convicted ranged from 10 to 50%. The number of women convicted was under 10% of convictions in four countries.

The role of female offenders appears to be pre-dominant in the Eastern Europe and Central Asia region and very significant in other regions of the world, such as East Asia and the Pacific, and Central America and the Caribbean. Most of the countries in Western and Central Europe reported female offenders making up between 10 and 35% of the total number of persons convicted (or investigated/prosecuted).

These figures are even more impressive when they are compared to the overall conviction rate of females for other crimes.

Figure 18 shows the ratio of convictions for females compared to that for both sexes for all crimes in Eastern Europe and Central Asia. The data shows that that the percentage of women convicted for all crimes did not rise above 15% during the reporting period, whereas the percentage of women convicted for the crime of trafficking in persons is often above 50% in the same region.

Similar patterns, but with a lesser divergence, were found for Western and Central Europe during the reporting period, as shown in Figure 19.

Fig. 18: Proportion of females in convictions for trafficking in persons
and for all crimes combined in Eastern Europe and Central Asia

Fig. 19: Proportion of females in convictions for trafficking in persons
and for all crimes combined in Europe


Click to enlarge


Click to enlarge

Source: UNECE/UNODC-UN.GIFT

Source: UNECE/UNODC-UN.GIFT

b. The victims: "...trafficking in persons, especially women and children..."

The introduction of specific trafficking in persons offences in countries where they did not exist previously and the increased commitment of the international community to combat trafficking in persons likely explains the overall increase in the number of victims identified by State authorities. Although the number of victims identified decreased in some regions, the overall global trend increased during the reporting period.

Identifying global trends in the number of victims detected is a hard task. Countries have different legislations and different definitions of trafficking in persons, and few were able to supply UNODC with the sort of statistics that would allow for the identification of clear trends for the entire reporting period from 2003 to 2007.

About 111 countries provided data on the number of victims officially identified in 2006 |14|, which totalled about 21,400. A complete time series analysis on the number of victims identified for the period 2003-2006 could be conducted on a smaller sample of 71 countries.

The aggregate number of victims identified in these 71 selected countries grew from about 11,700 in 2003 to about 14,900 in 2006, indicating an increase of 27% during the reporting period, although it must be made clear that these figures conceal wide variations among national and regional trends. In fact, many of these 71 countries actually experienced a reduced number of identified victims. Further details can be found in the regional sections and in the country profiles of this report.

Even fewer countries were able to provide a profile of the victims. When available, the collected data indicates that women and children are the most frequently detected victims of trafficking in persons. In particular, most of the countries identified females (either adults or minors) as the main victims of trafficking.

Fig. 20: Total number of victims identified by State authorities in the 71 countries where information was available for the entire reporting period

Fig. 21: Profile of victims identified by State authorities in 61 countries where information was collected, aggregated for 2006


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Source: UNODC-UN.GIFT

Source: UNODC/UN.GIFT

Trafficking in males - adult men and boys - is rarely represented in official national statistics |15|.

The chart in Figure 22 shows the profile of victims officially identified by State authorities during the reporting period. Variations recorded during these years could be attributed to the different number of countries reporting each year |16|, however, the overall profile of the victims does not seem to change greatly. Notably, the proportion of minors relative to the total number of victims increased from about 15% to about 22% during the reporting period.

Fig. 22: Profile of victims identified by State authorities where information was collected, aggregated for the years under analysis


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Source: UNODC/UN.GIFT

Although adult women are the most frequent victims of trafficking as reported by State authorities, child victims - or victims under 18 years old - also are often identified. Child trafficking has been detected in all regions of the world.

The aggregated numbers reported in Figures 21 and 22 hide great differences concerning the dimensions of child trafficking found around the world. In some regions, child trafficking is the only form of trafficking detected.

The map (Map 11) shows the percentage of victims below 18 years old compared to the total number of victims of trafficking in persons officially identified by State authorities |17|. For 92 of the countries covered in this report, data concerning the age of victims was either unavailable or the number of identified victims were too few to draw solid conclusions. In 30% (N: 19) of the countries with available information, more child victims were detected than adults. For 42% (N: 26) of the countries where information was available, children made up less than 10% of the total population of victims, whereas for the remaining 28% of countries, children ranged between 10 and 50% of the total identified victims. In regional terms, child trafficking was more prevalent during the reporting period in West and Central Africa, the Mekong sub-region and some countries in Central and South America.

Map 11: Percentage of minors in the total number of victims identified (2003-2007)


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Source: UNODC/UN.GIFT

c. The exploitation patterns: Old and new forms of trafficking

Sexual exploitation was the most commonly identified form of human trafficking, but as the data shows, it is not the only type. Forced labour and Other forms of exploitation were also detected by State authorities, NGOs and international organizations.

Fig. 23: Distribution of victims identified by State authorities
according to the form of exploitation for 52 countries where this information was collected (2006)


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Source: UNODC/UN.GIFT

The aggregate figures hide great regional and national differences. Trafficking for forced labour accounts for a significant portion or the reported cases in West Africa where, in some countries, this is the only form of trafficking identified by authorities.

In some countries in Western and Central Europe and in Eastern and Central Asia, trafficking for forced labour accounted for about 35% of the total number of victims identified during the reporting period. Some South American countries recorded more victims of trafficking for labour exploitation than for sexual exploitation, and in India, some states reported forced labour as a major form of trafficking.

The very scarce data collected in East Asia and Central America and the Caribbean indicates that trafficking for purposes other than sexual exploitation was relatively rarely recorded by authorities, which could be a result of the focus of the legislation in these countries on this form of trafficking.

Some new forms of trafficking were also detected. Detailed accounts of trafficking for domestic servitude, child begging, forced marriage, organ removal and ritual killings were reported by different State authorities. These types of cases were only recorded episodically, but they remain alarming since they only represent reported cases and actual numbers could be higher.

Trafficking for begging was recorded in Western and Central Europe, and countries in West and Southern Africa identified cases of trafficking for ritual killings or mystic practices. Episodes of trafficking for organ removal were detected in Europe, the Middle East and South Asia, and trafficking for forced marriage was another form of trafficking reported in quite a few Asian countries. More detailed information can be found in the regional and country sections of this report.

Why trafficking for forced labour is less easily detected than trafficking for sexual exploitation
There is a general concern that trafficking for forced labour is less frequently detected and reported than trafficking for sexual exploitation, and at least three considerations support this concern. The first regards legislation. In 2008, most of the countries considered by this report had a trafficking in persons offence in place that included the criminalization of trafficking for forced labour, but this is a recent development. For instance, about 10 European countries expanded their definition of trafficking to include forced labour during the years 2005-2008. For many years, a large number of East Asian countries only considered trafficking for sexual exploitation, which remains the case in many countries in the region. A similar situation exists in Latin America.

The second issue relates to the first in that law enforcement agencies, as well as the general public, often view trafficking in persons only in the context of sexual exploitation. For many years and in many countries, the two concepts have been almost concomitant. Hence, an episode of trafficking for forced labour, when detected, could still be treated and recorded under another charge even when a specific offence of trafficking for forced labour exists in a country's criminal code.

Finally, the 'visibility bias' is the idea that trafficking for forced prostitution is more likely to be detected than trafficking for forced labour. Prostitution (whether forced or voluntary) involves the general public because it must be visible - taking place in streets, bars or public spaces in urban areas - to attract potential clients. Conversely, most of the victims of forced labour often work in hidden locations, such as agricultural fields in rural areas, mining camps and garment factories or within the closed environment of a house in the case of domestic servitude. As a consequence, the detection of victims of trafficking for forced labour is less probable than the identification of victims of trafficking for forced prostitution.

d. Regional overviews

Middle East and North Africa

A large proportion of traffickers detected in the region during the reporting period were males, and a significant number of persons convicted of trafficking or trafficking-related offences were nationals of the countries where the trafficking took place. However, offenders from South and East Asia also were investigated, prosecuted or convicted in Middle Eastern destination countries.

Fig. 24: Victims of trafficking in persons sheltered in Israel, by type of exploitation (2005-2007)


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Source: Maagan Shelter, Israel

Information concerning victims of trafficking in persons and related crimes was scarce, making it impossible to identify patterns and trends. Based on available data, the number of victims identified or sheltered decreased in some countries in the region, while it remained stable in others.

Most of the identified victims were adult females, with adult men and child victims identified or assisted in just a few countries. Information on the type of exploitation showed victims trafficked for forced labour in Israel and Qatar, while victims of sexual exploitation were reported throughout the region. Victims of trafficking for organ removal were recorded in Israel and Egypt.

West and Central Africa

Perpetrators of trafficking were frequently men, but women also were often the focus of investigations for trafficking in persons or child trafficking. Women investigated for trafficking outnumbered men in Liberia and Nigeria. Traffickers were usually nationals or from other countries in the region.

Many of the countries in the region reported hundreds or even thousands of victims of trafficking per year during the reporting period. The great difference between the number of victims and the low number of traffickers is a specific pattern in this region.

Available information on victim profiles indicates that most are children. To a great degree, this can be explained by the fact that the legislative provisions in many countries only cover child Trafficking, but child victims are still predominant even in countries where the law addresses forms of trafficking that target adults. In Nigeria, the incidence of adult women identified as trafficking victims is slightly higher compared to child victims. Although both boys and girls are frequent victims, boys are identified more often in some countries, such as Mali and Mauritania, while girls are detected more frequently in other countries.

Fig. 25: Victims of trafficking identified by State authorities in Mali, (January 2000-June 2007)


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Source: Direction Nationale de la Promotion de l'Enfant et de la Famille, Mali

Information about the type of exploitation suffered by victims was not always reported. When information was available, forced labour emerged as a prominent form of trafficking in a large part of the region. Victims - mostly children - trafficked for forced labour might have been involved in activities such as slavery, domestic servitude, begging and camel jockeying (often Mauritanian victims trafficked to the Middle East). Sexual exploitation also was detected in many countries of the region, and trafficking for organ removal, ritual killings and mystic practices was detected in Chad and Liberia.

East Africa

No information was collected during the reporting period on the profile of offenders, and data about victims was also scarce. In most of the countries of the region, the number of victims identified by authorities was zero or unknown during the reporting period. Where the numbers were unknown, victims of trafficking could not be distinguished from other persons in need of assistance or of victims of related forms of crime. Between 2003 and 2007, women and children were generally the victims of trafficking and related crimes.

Southern Africa

No information was collected concerning the profile of offenders during the reporting period.

Fig. 26: Victims of trafficking in persons sheltered by IOM in South Africa, by form of exploitation (2005-2006)


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Source: IOM's Counter Trafficking Programme - SACTAP

As a result of the lack of legislation, no countries have established policies or mechanisms to identify, refer or assist victims of trafficking, and very few victims were identified by State authorities in the entire region. Data retrieved from information collected by shelters and by the International Organization for Migration (IOM) were the only reliable numbers regarding victims of trafficking in persons. However, very few shelters exist that deal exclusively with trafficked persons. Trafficking victims, when identified, are dealt with on an ad hoc basis and are generally not recorded as a separate group.

The limited information available concerning victims receiving shelter indicates that most are adult women and children of both sexes. Sexual exploitation, forced labour, slavery and servitude were the main forms of exploitation experienced by sheltered victims. The recruitment of children as soldiers was identified in the Democratic Republic of the Congo, while cases of organ removal for rituals were detected and prosecuted in Malawi.

North America

Information on the profile of trafficking offenders and victims was very limited for North America. In Canada and Mexico, a small number of criminal proceedings were carried out during the reported period, involving both adult and child victims.

Fig. 27: Persons convicted under all trafficking offences in the USA, by form of exploitation (FY-2005 to FY-2007)


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Source: Assessment of US Government Efforts to Combat Trafficking in Persons in Fiscal Year 2007

Authorities in the USA report that men, women and children are trafficked into the country largely from East Asia, Mexico and Central America for purposes of sexual exploitation and forced labour. The responsibility for identifying and providing services to victims is spread among multiple agencies. Both adult and under age victims were identified, with the number of minors increasing during the reporting period. However, the proportion of victims who were minors is unknown. Cases of trafficking for forced labour accounted for at least 63% of the victims detected in 2007.

Central America and the Caribbean

The limited data collected on the profile of offenders in this region indicates that females play a prominent role. In Costa Rica and Nicaragua, female offenders outnumbered males, while female and male offenders were equal in El Salvador.

Data on victims identified by State authorities between 2003 and 2007 clearly indicates a rising trend in trafficking in all countries of the region - this includes El Salvador even though identified victims began decreasing in 2007. Honduras and Panama only reported victims for 2007.

During the reporting period, trafficking victims in the region were frequently children, predominantly girls. Adult women were the main victims identified in Guatemala, and they were also a significant group in the Dominican Republic. An increasing number of boys were detected as victims in Nicaragua over the past two years, and a number of adult male victims were identified in El Salvador and Guatemala, but both boys and men were less frequently reported as victims in other countries of the region.

Most of the identified or assisted victims were trafficked for the purpose of sexual exploitation, but victims of trafficking for forced labour were also detected in the Dominican Republic, the East Caribbean, Nicaragua and El Salvador. In these cases, forced labour took the form of domestic servitude.

South America

Convicted offenders were mostly domestic traffickers and were citizens of the countries that sentenced them. However, some offenders engaged in cross-border trafficking and were from other countries in the region. Also, South-ern European traffickers were found in Brazil and Chile. In countries where information on the gender of offenders was available to UNODC, data shows that women were just as involved as men.

Fig. 28: Victims of trafficking in persons identified by State authorities in Bolivia, by type of exploitation (2005-2006)


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Source: SEDEGES (Servicio Departamental de Gestión Social), Bolivia

Adult women made up the largest group of trafficking victims recorded in Argentina, Brazil, Chile and Paraguay, while under age girls were the main victims in Bolivia and Peru. Adult men made up a significant number of victims in Venezuela, boys were frequently detected in Colombia, and almost all of the victims of slave labour reported in Brazil were men. In Argentina, as well, increasing numbers of men and boys were recorded as victims.

Trafficking for the purpose of sexual exploitation was the primary form of trafficking in many countries (Bolivia, Brazil, Chile, Paraguay and Peru). This finding, however, may be a reflection of the fact that anti-trafficking laws in the region are primarily limited to human trafficking for sexual exploitation. Forced labour was a major form of trafficking in Argentina and Colombia, and extremely large numbers of victims of trafficking for forced and slave labour were identified in Brazil and, episodically, in Bolivia.

East Asia and the Pacific

The profile of offenders was rarely available in this region during the reporting period. When information was known, detected offenders were more frequently men, although the number of female offenders was not far behind. Addition-ally, most offenders were nationals of the country where the case was reported.

Based on profiles of victims identified by State authorities or who were assisted by other institutions, women and girls were the primary victims of trafficking in the region. It must be stressed, however, that during 2003-2007, most countries only had legislation criminalizing trafficking for sexual exploitation or trafficking in women. As a consequence, trafficking in men and boys might have gone largely undetected and unreported.

In the Pacific sub-region, Japan, Mongolia, Indonesia and Myanmar, adult women were more commonly reported as victims than were minors. However, trafficking in minors was a more significant issue in the other Mekong countries (Cambodia, Lao PDR and Thailand) and in the Philippines. With the exception of the Pacific sub-region where no cases of child trafficking were reported, the proportion of minors trafficked relative to the total number of trafficking victims rose in 2003-2007 in all countries of the region. Trafficking in men and boys was reported in the Mekong countries (Cambodia, Lao PDR, Myanmar and Thailand), Indonesia and Mongolia.

Victims were predominantly trafficked for the purpose of sexual exploitation throughout the region. Again, however, it must be stressed that until very recently the legislation in many of these countries only included provisions criminalizing trafficking for sexual exploitation.

Victims of trafficking for forced labour were identified among those returned to Indonesia, Mongolia, the Mekong sub-region (Cambodia, Lao PDR and Thailand - no information was available for Myanmar) and, episodically, in the Pacific sub-region. Forced labour in the form of domestic servitude and, to a lesser extent, forced begging, was detected among victims trafficked to Thailand from other countries and in victims assisted by IOM in Indonesia.

South and South-West Asia

No information was collected on the profile of trafficking offenders. Additionally, data on age and gender was rarely collected for victims identified or sheltered, making it very difficult to create or analyse victim profiles. In countries where information was available (Bangladesh, Nepal and Pakistan) during the reporting period, adult women and children of both sexes were more frequently identified as victims. Adult male trafficking victims were reported in Bangladesh.

Among countries that collected information, sexual exploitation was frequently reported. It was the main form of trafficking detected in Nepal, with large numbers also reported in India and other countries. Trafficking for forced labour appears to be equally prominent in the region. From 2003 to 2006, a significant number of forced labour cases were reported in India, where it was more frequently detected than sexual exploitation. In Nepal and Pakistan, some child victims were returned from the Middle East where they were trafficked into forced labour as camel jockeys. A few Indian states reported victims of trafficking in persons for the purposes of organ removal and forced marriage.

In Afghanistan, the number of children (of both sexes, equally) and adult males identified or sheltered as victims of trafficking-related offences was higher than the number of adult females.

Eastern Europe and Central Asia

The clear pattern that emerges from criminal justice data from this region is that females not only make up a large proportion of the traffickers that are investigated, prosecuted and convicted, but outnumber males in most of the countries of Eastern Europe and Central Asia.

Fig. 29: Victims of trafficking in persons identified by State authorities in Ukraine, (2003-2006)


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Source: Department for Combating Human Trafficking Offences, Ministry of the Interior, Ukraine

The vast majority of convicted offenders are nationals of the country in which they were detected. When foreigners were convicted or prosecuted, they most often came from another country in the region.

Information available on victim profiles indicates that the majority were adult women. Only a limited number of child victims were reported, but their numbers were increasing throughout the region during the reporting period.

Trafficking for forced labour was a frequently reported form of exploitation in countries where information was available. However, the great majority of victims identified by State authorities were trafficked for sexual exploitation. A few cases of trafficking for the purpose of forced marriage were detected by authorities in Central Asia, and cases of trafficking for organ removal were identified and prosecuted in Moldova.

Western and Central Europe

Male traffickers were clearly more numerous than females, according to available information on the profile of offenders. The number of women investigated, prosecuted or convicted was, proportionally, rarely more than one third of the total number of suspected offenders. Although infrequently recorded, alarmingly, minors also were detected as suspected offenders in some Western European countries.

Fig. 30: Victims of trafficking in persons identified by State authorities in Greece, (2003-2007)


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Source: Hellenic Police Headquarters

Globally, nationals trafficking within their own countries tended to represent the majority of the offenders suspected or convicted. However, in some countries of this region, the registration of foreign traffickers (suspected or convicted) was substantially higher than in other regions.

Fig. 31: Victims of trafficking in persons identified by State authorities in Albania, by type of exploitation (2005-2006)


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Source: National Reception Center for Victims of Trafficking, Albania

When information was available on victim profiles, females were clearly the majority of victims detected throughout the region, and adult women were more frequently reported as victims than were girls. Overall, child victims were less common than adults in most countries. However, in South-East Europe the number of child victims identified or sheltered was generally higher when compared to the rest of Europe, and in some countries of this sub-region, children were the largest category of identified victims.

Male victims were episodically reported in many countries in the region. Adult male victims were detected in Southern and Western Europe, and both men and boys were reported as trafficking victims in South-East Europe.

Available information identified trafficking for the purpose of sexual exploitation as the most common type of exploitation, but there were also a significant number of cases of trafficking for forced labour. Victims of trafficking for forced labour were identified in Belgium, France, Romania and Spain, and forced labour was episodically detected in the Czech Republic, Croatia, Finland, the United Kingdom and other countries. This suggests that trafficking for forced labour likely exists in other countries of the region as well, but goes undetected. Trafficking for begging is less frequently reported and was found mainly in South-East Europe and in some Western European countries.

Croatia, Finland, the United Kingdom and other countries. This suggests that trafficking for forced labour likely exists in other countries of the region as well, but goes undetected. Trafficking for begging is less frequently reported and was found mainly in South-East Europe and in some Western European countries.

Core results - Global baseline data on trafficking patterns

  • Female offenders have a more prominent role in trafficking in persons than in other crimes.
  • The capacity to detect trafficking victims increased during the reporting period - the number of victims detected increased by 27% between 2003 and 2006 (in 71 selected countries).
  • Female victims represented, on average, between 65 and 75% of all victims detected between 2003 and 2006; child victims between 15 and 25%; and male victims around 15%.
  • Victims of trafficking for sexual exploitation accounted for about 79% of the victims detected in 2006, and victims of forced labour for about 18% (in 52 selected countries).

4. Trafficking in persons flows

The data collected allows for the identification of three dimensions of the flow of trafficking in persons: trans-regional trafficking, intra-regional trafficking and domestic trafficking.

Domestic trafficking affects victims who are citizens of the country in which they are exploited. Intra-regional trafficking occurs between different countries within the same region. This includes cross-border trafficking and trafficking between countries geographically close to one another. In trans-regional trafficking, victims are trafficked from one of the regions considered in this report to another region. This could be trans-continental trafficking, but it also involves trafficking flows to neighbouring regions on the same continent, such as between Eastern Europe and Western and Central Europe, or between Central and North America.

a. Domestic trafficking - greatly undetected?

The data collected show that domestic trafficking was detected in at least 32 countries among those where information was available, and in some countries, it is a major issue. For instance, the charts in Figures 32 to 35 show the main origin of victims of trafficking detected in four major Indian states. Most of the victims identified during the reporting period were trafficked from other Indian states or from neighbouring countries.

Interestingly, evidence indicates that domestic trafficking does not occur only in large transitional countries, such as India and Brazil, where the dimensions of the country can explain the existence of trafficking internally between poor and rich areas. Domestic trafficking also exists in relatively small and wealthy countries, such as those in Europe.

Fig. 32: Victims of trafficking in persons identified by authorities in Maharashtra, India, by area of origin (2005-2007)


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Source: Commission of Women and Child Development, Pune, Maharashtra

Fig. 34: Victims of trafficking in persons identified by authorities in Karnataka, India, by area of origin (2005-2006)


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Source: Karnataka Women and Child Development Department

Fig. 33: Victims of trafficking in persons identified by authorities in Kerala, India, by area of origin (2005-2006)


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Source: Directorate of Social Welfare, Government of Kerala

Fig. 35: Victims of trafficking in persons identified by authorities in Haryana, India, by area of origin (2005-2006)


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Source: Social Justice and Empowerment Department, Haryana

Table 6: Number of countries where at least one victim of internal trafficking was detected, by region (2005-2007)
Middle East and North Africa
(total: 10)		 West and Central Africa
(total: 16)		 East Africa
(total: 9)		 Southern Africa
(total: 11)
At least one victim of domestic trafficking 1 country 4 countries
International trafficking only 3 countries 1 country 2 countries
Little, missing or unclear data 6 countries 11 countries 9 countries 9 countries

North America (total: 3) Central America and the Caribbean (total: 12) South America (total: 9) South and South-West Asia (total: 8) East Asia and the Pacific (total: 27)
At least one victim of domestic trafficking 1 country 1 country 3 countries 2 countries 5 countries
International trafficking only 2 countries 2 countries
Little, missing or unclear data 2 countries 11 countries 4 countries 6 countries 20 countries

Western and Central Europe (total: 38) Eastern Europe and Central Asia (total: 12)
At least one victim of domestic trafficking 11 countries 4 countries
International trafficking only 8 countries 3 countries
Little, missing or unclear data 19 countries 5 countries

Fig. 36: Respective shares of foreigners and nationals among victims detected in three selected European countries

Respective shares of foreigners and nationals among (possible) victims registered with the Foundation against THB (STV) in the Netherlands (2005-2006)


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Source: STV reports/The Bureau Nationaal Rapporteur Mensenhandel
 Respective share of foreigners and nationals among victims of trafficking in persons identified by State authorities in Germany (2005-2006)


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Source: Bundeskriminalamt Trafficking in Human Beings
 Respective share of foreigners and nationals among victims of trafficking in persons identified by law enforcement authorities in Italy (2003-2007)


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Source: Italian National Anti-Mafia Bureau

In the Netherlands and Germany, domestic trafficking accounts for about one fourth of the total number of victims, and when victims are ranked by citizenship, citizens of these countries are the most trafficked within their own countries. In Italy, the number of Italian victims identified ranks second among trafficking victims.

The number of victims of domestic trafficking is not always clear, so it is not always possible to estimate the proportion of domestic victims. While domestic trafficking appears to be more limited than international trafficking, it is likely that this form of trafficking is reported most of the time under other offences, such as pandering or slavery. The concept of domestic trafficking is often not clear for the criminal justice system or law enforcement personnel who are used to identifying foreign victims of trafficking.

The Dutch, German and Italian criminal justice systems recorded their own nationals among the victims of trafficking in persons, whereas other criminal justice systems consider national victims of trafficking as victims under other legal categories. The difference in how the data is categorized thus may be masking similarities in the domestic trafficking situations in other countries.

b. The relevance of geographical proximity

The data on detected cases show that intra-regional trafficking (within the region) was pre-dominant in most countries and that trans-regional trafficking (across regions), though still significant, was relatively less frequent.

Map 14 shows the severity of trans-regional trafficking in terms of the share of victims trafficked between regions in relation to the total number of victims. Trans-regional trafficking appeared predominant for about 12 countries during the reporting period. In reality, the dimensions of trans-continental trafficking may be even more limited. For instance, in the Czech Republic, Poland and Turkey, most victims were from neighbouring Eastern European countries. All victims found in Afghanistan were nationals from cross-border countries, such as Pakistan and China. What this analysis clearly suggests is that long distance trafficking in persons may be the major form of trafficking in only a few parts of the world.

Conversely, as shown in Map 15, intra-regional trafficking was detected more frequently in a large number of destination countries. In most of the countries where information was available, the majority of victims originated from other countries within the same region. Additionally, most trafficking appears to be cross-border in South and Central America, as well as in West Africa.

Map 14: Percentage of victims from other regions,
by country (2005-2007)*

Map 15: Percentage of victims from the same region,
by country (2005-2007)


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Source: UNODC/UN.GIFT

* The citizenship of victims identified by State authorities
was reported mainly for 2005-2006 (2007 was included when possible).
When this information was unavailable, statistics were used for victims sheltered by NGOs.
Italian data refer to 2003-2007; Polish data refer to 1995-2005.

Source: UNODC/UN.GIFT

c. Long distance trafficking flows -East Asia |18| and the other regions

Although the reported data shows that the incidence of trans-regional trafficking was relatively lower than intra-regional trafficking, trans-regional trafficking was still very significant.

In 2005-2006, the Western and Central Europe region recorded victims of trafficking from the widest range of origins, and East Asia was the region of origin of victims trafficked to the widest range of destinations. But the range of origins or destinations does not necessarily correlate with the intensity of trafficking flows. For instance, victims from West Africa may frequently be detected in a few specific countries but are not found elsewhere, as opposed to East Asian victims that may be detected less frequently but are found in more countries.

The trafficking flows out of East Asia appear particularly complex. During the reporting period, East Asian victims were detected in many regions, including Western and Central Europe, North America, the Middle East, Afghanistan, Southern Africa and, of course, East Asia and the Pacific. Episodically, East Asian victims were also detected in Central America (El Salvador), South America (Venezuela) and Central Africa (Gabon).

In this context, the number of East Asian victims found in these regions was not as relevant as the breadth of regions in which they were identified. Outside of Asia, East Asians represented a significant proportion of the victims detected in South Africa (Thai victims), the USA (41 % of the victims detected in 2007 were East Asians) and in a few European countries (i.e., Chinese victims in Belgium). The trafficking routes coming out of East Asia appeared to be the most diverse.

The map (Map 16) shows the countries in which East Asian victims were detected outside of the East Asia and the Pacific region.

Map 16: Countries where East Asian victims were detected outside East Asia and the Pacific (2005-2007)


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Source: UNODC/UN.GIFT
The map is not exhaustive. In some countries, the nationality of the victims identified may not be reported, and often nationalities less frequently recorded may be aggregated into an 'other nationalities' category. As a consequence, this map should be considered in terms of the minimum scope of countries where East Asian victims have been detected outside East Asia and the Pacific during the reporting period.

East Asia is not the only region affected by trans-regional trafficking. Victims from all the other regions also were identified in far away destinations. For instance, West African victims were detected in Europe and in Southern Africa. However, compared to East Asians, West African victims were found in a more limited number of countries, although victims from Africa were also identified in North America. Map 17 shows the countries where African victims were detected outside of Africa.

Map 17: Countries where African victims were detected outside of Africa (2005-2007)


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Source: UNODC/UN.GIFT
The map is not exhaustive. In some countries, the nationality of the victims identified may not be reported, and often nationalities less frequently recorded may be aggregated into an 'other nationalities' category. As a consequence, this map should be considered in terms of the minimum scope of countries where African victims have been detected outside of Africa during the reporting period.

Three other trans-regional trafficking flows also appeared significant in the data collected:

  • From Latin America (South America, Central America and the Caribbean) mainly to North America, Europe and, episodically, the Middle East.
  • From South Asia to the Middle East and, episodically, to Europe and Southern Africa.
  • From Europe and Central Asia to Western and Central Europe, the Middle East and North America. Episodically, victims from South-East Europe also were detected in Australia, Japan and Central America.

d. Regional overviews

Middle East and North Africa

Information on the nationalities of identified victims of the countries from which victims were repatriated was collected from just four countries during 2003-2007: Israel, Morocco, Qatar and the United Arab Emirates.

Moroccan authorities detected internal as well as intra-regional trafficking, and some Moroccan victims were identified in, or returned from, the Middle East. Unfortunately, the absence of this sort of information for the other North African countries leaves questions open as to whether this is a common pattern for all of North Africa.

The data for the reporting period indicates that Israel, Qatar and the United Arab Emirates were mainly destination countries. Victims from the Eastern Europe and Central Asia region were found in Israel and the United Arab Emirates, and this pattern was clearly mirrored by information included in this report from the countries of Eastern Europe and Central Asia. Victims from South and East Asia as well as from Africa were also detected in the Middle East.

Map 18: Country of citizenship of detected victims trafficked to the Middle East (2005-2007)


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Source: UNODC/UN.GIFT
The map is not exhaustive. In some countries, the nationality of the victims identified may not be reported, and often nationalities less frequently recorded may be aggregated into an 'other nationalities' category. As a consequence, this map should be considered in terms of the minimum scope of nationalities detected in the Middle East.

West and Central Africa

Information gathered on the nationality of victims suggests that significant intra-regional trafficking took place during the reporting period. Most of the victims originating from West African countries were repatriated from other countries in West and Central Africa. Most of the foreign victims detected in West African countries were nationals from other countries in the region.

A number of countries - Benin, Cote d'Ivoire, Ghana, Nigeria, Liberia and Togo - were both origin and destination countries for trafficking victims. Others, such as Burkina Faso, Mali, Mauritania and Sierra Leone, appeared to be only countries of origin, while Gabon was only a destination country. No information was available concerning the other countries, thus it was not possible to reliably identify trafficking flows.

Fig. 37: Victims of trafficking in persons sheltered by the NGO Centre Arcade in Gabon, by country of citizenship (2004-2005)


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Source: Centre Arcade, Gabon

During the period 2003-2007, victims from West Africa were identified in other regions of the world, especially Europe. West African victims were also detected in, or repatriated from, North Africa and the Middle East, Southern Africa and, episodically, Eastern Europe.

The data available also indicated the existence of domestic trafficking in many countries, especially Cote d'Ivoire, Ghana, Mali, Nigeria and Togo. Too little data was available from other countries to verify if they were similarly affected by this form of trafficking.

East Africa

The general lack of information did not allow for an analysis of trafficking patterns, flows or trends. However, the small amount of available information suggests that countries were affected by domestic as well as intra-regional trafficking. A few victims were recorded as repatriated from Europe and the Middle East between 2003 and 2007.

Southern Africa

The general lack of information does not allow for an analysis of trafficking patterns, flows or trends. For most countries in this region, it is more appropriate to refer to trafficking episodes.

Fig. 38: Victims of trafficking in persons sheltered by IOM in South Africa, by country of citizenship (2005-2006)


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Source: IOM's Counter Trafficking Program - SACTAP

Recorded episodes suggest that intra-regional trafficking is common. Some countries, such as Zambia and Zimbabwe, are countries of origin and destination, while Mozambique, Malawi, and the Democratic Republic of the Congo appear to be primarily origin countries. South Africa is mainly a trafficking destination for victims from countries within and outside the region.

Victims that were detected were mostly trafficked from or to neighbouring countries. Trans-regional trafficking appears to involve mainly neighbouring regions, based on the records of East and West African victims that were sheltered in some countries of the region. Asian victims (East Asia, South-East Asia and South Asia), however, were also identified in a few Southern African countries.

North America

Of the victims that were detected, many were nationals from Latin American countries and the Caribbean (41% of the victims detected in the USA during the fiscal year 2007), especially from Central America. African, Asian and European victims also were found in the USA and Canada. A limited number of South and Central American victims were identified or sheltered in Mexico.

Central America and the Caribbean

It is possible to draw some generic conclusions on the main geographical flows of human trafficking affecting countries in the region based on an overview of the nationalities of victims identified by State authorities and other institutions, as well as from an analysis of the countries from which victims were repatriated.

Fig. 39: Victims of trafficking identified by State authorities in Guatemala, by country of citizenship (January 2006-March 2008)


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Source: National Civil Police, Guatemala

Almost all the countries from which information on the nationalities of victims was available appeared to be both countries of origin and destination. However, the Dominican Republic and Nicaragua were mainly countries of origin, while Guatemala was primarily a destination for trafficking victims. Additionally, in the countries of the East Caribbean, the few cases of trafficking or trafficking-like offences recorded suggested that, for the most part, these were countries of destination.

The trafficking flows detected during the reporting period were mainly intra-regional. This is clearly the case for Nicaragua, El Salvador and Guatemala. When trans-regional cases of trafficking were detected, they mostly involved countries close to South America and, in only a few instances, more distant regions.

A limited number of South American victims were identified or sheltered in a few Central American countries. Dominican victims also were detected and repatriated from South America and Europe. Similarly, victims from other Central American and Caribbean countries were identified in South America, and there were incidences of victims from South Asia and Eastern Europe detected in the East Caribbean.

South America

Domestic trafficking, intra-regional trafficking and trans-regional trafficking flows were identified in the region.

The available data point to the existence of domestic trafficking in Argentina, Brazil, Colombia, Peru and Venezuela. The numbers of registered victims of domestic trafficking are relatively low, but this is likely due to the fact that many countries in the region only recently adopted related legislation.

Data on the citizenship of identified victims indicate a relative preponderance of intra-regional trafficking. Bolivia, Ecuador and Paraguay appear to be primarily countries of origin for victims of trafficking at the regional level. Bolivian and Paraguayan victims were detected in Argentina, with Bolivians usually trafficked for the purpose of labour exploitation and Paraguayans trafficked for sexual exploitation. Victims from Ecuador were found in Colombia and Peru.

Argentina, Brazil and Peru are countries of origin and destination for trafficking victims. Argentinean and Peruvian victims were found in Chile, and Brazilian and Peruvian victims were identified in Argentina. Victims from Bolivia, Peru, Paraguay and Ecuador were found in Brazil, although comprehensive statistics were not available on these victims. Chile is mainly a destination country, while Colombian victims were detected in other regions and in Venezuela. The available information indicates that intra-regional trafficking often occurs between neighbouring countries in the region.

Trans-regional trafficking from Central America and the Caribbean was identified, with Dominican victims detected in Argentina and Honduran victims found in Colombia. South American victims were also detected in Europe and North America and, to a lesser extent, in East Asia and the Middle East. Chinese victims were identified in Venezuela.

Fig. 40: Victims of trafficking in persons identified by various institutions
and assisted by IOM-Programme AVOT in Argentina,
by country of citizenship (November 2005-2007)

Fig. 41: Victims identified by the public prosecutor's office in Chile,
by country of citizenship (2006-2007)


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Source: Programa AVOT (Asistencia a Victimas de la Trata de Personas) IOM, Buenos Aires

Source: Fiscalia Nacional, Chile

East Asia and the Pacific

It is possible to draw some generic conclusions on the main geographical flows of human trafficking affecting countries in the region based on an overview of the nationalities of victims identified by State authorities and other institutions, as well as from an analysis of the countries from which victims were repatriated.

The data collected indicates that East Asian countries are affected by complex trafficking flows. During the reporting period, many East Asian countries were countries of origin for trafficking in persons within and outside the region.

Some areas, such as the Mekong countries, were destinations for cross-border trafficking within the Mekong sub-region and, at the same time, origin countries for trans-regional trafficking. Thai victims, for instance, were identified and repatriated from countries within the region and from at least three other regions, including Southern Africa, Europe and the Middle East. Similarly, Vietnamese and nationals from other countries of the Mekong sub-region were detected in different regions of the world, as well as within East Asia and the Pacific.

The Middle East was also a destination for Indonesian victims assisted by IOM, while Central Asian countries were destinations for Mongolian victims assisted by local NGOs.

Additionally, it should be noted that victims from East Asian countries not covered by this report have been found in destination countries in other regions of the world. For instance, Chinese victims were detected in more than four regions (Europe, the Middle East, the Americas, in parts of the African continent and Asia).

This region recorded the widest trans-regional trafficking scope for countries of origin for trafficking victims. However, East Asia and the Pacific were mainly subject to intra-regional trafficking related to destination countries for victims. For example, mainly East Asian victims and, episodically, victims from other regions were detected in Australia, Japan and Malaysia.

Domestic trafficking was clearly evident in three countries of the Mekong sub-region (Cambodia, Lao PDR and Myanmar) and in Indonesia and Mongolia. Information on internal trafficking was unavailable for the other countries of the Mekong sub-region, but this does not necessarily mean that internal trafficking does not occur in these countries as well.

South and South-West Asia

The lack of detailed information available limited the possibility of analysing trafficking flows into and out of the region. Domestic trafficking appears to be a problem, with victims identified in Bangladesh, India and, episodically, in Pakistan.

Intra-regional trafficking was also an issue appearing to affect Nepal and Bangladesh as countries of origin and India as a destination country, especially in the rich area of the Maharashtra.

Trans-regional trafficking in persons affects the region as well, and South Asian victims were identified in Europe and the Middle East. On the contrary, victims trafficked from other regions of the world were not found in South Asia.

Afghanistan appeared as a destination for victims trafficked from neighbouring countries. Over the last few years, IOM has identified and sheltered Chinese and Pakistani victims. The scarcity of information does not allow for a more detailed analysis of trafficking flows out of the country.

Eastern Europe and Central Asia

It is possible to draw some generic conclusions on the main geographical flows of human trafficking affecting countries in the region based on an overview of the nationalities of the victims identified by State authorities and other institutions, as well as from an analysis of the countries from which victims were repatriated.

Victims of domestic trafficking were recorded in Azerbaijan, Georgia, Kazakhstan and Moldova. Limited data does not allow for conclusions as to whether domestic trafficking occurred in other countries in the region as well.

During the reporting period, intra-regional trafficking in persons was a major issue within Eastern Europe and Central Asia. A significant number of the victims identified in the region were nationals of countries within the region. Data show that almost all the countries were both origins and destinations for intra-regional trafficking. However, available information from Tajikistan and Turkmenistan suggests that they were exclusively countries of origin for trafficking within Eastern Europe and Central Asia.

The data also suggests that the Eastern Europe and Central Asia region was a source of trans-regional trafficking. Nationals from throughout the region were repatriated from, or identified in, a few specific hot spots, particularly in Southern Europe and the Middle East. Geographical proximity also seems to play an important role in determining destination countries. Victims originating from Eastern Europe were detected in Western and Central Europe, and victims from the region were identified in neighbouring Asian countries. Eastern Europe and Central Asia is not a major trans-regional destination, with very few victims trafficked from other regions detected within the region.

Western and Central Europe

Although geographically small, Europe appears to be a diverse region in terms or trafficking flows.

During the reporting period, some sub-regions were mainly destinations for trafficking victims. Western, Southern and Northern Europe appeared mostly as trafficking destinations, while Central and South-East Europe were both origins and destinations for trafficking. Information on Rumania and Bulgaria is not complete, but indications are that these were mainly countries of origin.

In terms of trafficking flows, it appears that geographical proximity and language linkages play a key role in the relation between countries or origin and destination of trafficking victims.

Intra-regional trafficking flows were relatively intense within Europe during the reporting period. Countries in Central and South-East Europe were destinations for victims trafficked from other South-East European countries and from Eastern Europe. Western and Southern Europe were destinations for victims trafficked from Central Europe, South-East and Eastern Europe.

As regards trans-regional trafficking, aside from the reported role played by Eastern Europe and Central Asia as a region of origin, the data collected showed Europe as a trafficking destination for a broad and diverse list of countries. The number of victims trafficked from East Asia was substantial, as was the number of recorded victims from West Africa, South America and, to a lesser extent, North Africa.

East Asian victims (in particular Chinese, but also Filipinos, Thais and Vietnamese) were detected in all the European sub-regions. West African, South American and North African victims were found in some countries in Western and Southern Europe.

Domestic trafficking was detected frequently in many European countries. Surprisingly, some of the wealthiest countries were also affected by internal trafficking. France, Germany, Italy, the Netherlands, Portugal and Spain have all detected domestic trafficking. This type of trafficking was also found in many South-East European countries and in a few countries in Central Europe. This suggests that domestic trafficking likely occurred in other countries in the region as well, but either undetected or registered under other offences.

Map 19: Country of citizenship of victims trafficked to Western and Central Europe (2005-2007)


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Source: UNODC/UN.GIFT
The map is not exhaustive. In some countries, the nationality of the victims identified may not be reported, and often nationalities less frequently recorded may be aggregated into an 'other nationalities' category. As a consequence, this map should be considered in terms of the minimum scope of nationalities detected in the Western and Central Europe.

Core results - Global baseline data on trafficking flows

  • Intra-regional trafficking (origin and destination in the same region) was detected more frequently than trans-regional trafficking during the period 2003-2007.
  • Domestic trafficking represented a significant share of recorded trafficking cases during the reporting period, though it still appears to go greatly undetected.
  • Victims from East Asia were found in the widest range of destinations, including Asia, Africa, the Americas, Europe and the Middle East.
  • Victims detected in Western and Central Europe came from the widest range of origins, including Europe, as well as Africa, East Asia, Eastern Europe and Central Asia, Latin America and South Asia.

5. The way forward in international monitoring of trafficking trends, patterns and flows

The statistics collected and presented in this report show that countries responded positively to the comprehensive data collection effort undertaken under the UN.GIFT initiative. The quantity of information collected under this research activity is the largest ever. This includes information concerning more than 50,000 offenders and victims of trafficking in persons officially identified by the State authorities of 155 countries and territories. It is necessary that this momentum not be lost and that measures be taken to improve information sharing on human trafficking. Without this effort, the international community will be fighting the problem blindfolded.

The first step in tackling a transnational issue must be information sharing. Today, the Member States lack the ability to say with any precision how many victims of human trafficking there are, where they come from or where they are going. The various estimates that have been made have been highly controversial. Since the magnitude of the problem or where it is most acute cannot be stated, changes cannot be tracked over time, and interventions cannot be evaluated for their impact. Tackling transnational trafficking in human beings requires an ongoing exchange of data. The States Parties recognized this need when they agreed upon the language in Article 28 of the United Nations Convention against Transnational Organized Crime, which states:

States Parties shall consider developing and sharing analytical expertise concerning organized criminal activities with each other and through international and regional organizations. For that purpose, common definitions, standards and methodologies should be developed and applied as appropriate.

The present survey represents a significant step in this direction, and the data collected so far are impressive. A good deal can be learned from this collective experience, as this report has shown. But far more could be done with a system of sustained information gathering. In many countries, it appears that very few data are collected, and no comprehensive analysis of this data is conducted. All Member States would benefit if more were approaching the knowledge problem systematically, and the insights to be gained in pooling experience and sharing information would be invaluable in designing targeted interventions to this international problem.

Fig. 42: Number of countries making data available to UNODC, by topic


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Source: UNODC/UN.GIFT

Creating the mechanisms for capturing these data need not be sophisticated and expensive, and, at its root, is largely a matter or political will and cooperation. As this report has shown, some very poor countries are at the vanguard of criminal justice action against human trafficking, and wealth is no guarantor that the issue has been approached systematically. As recently as 2005, a UNHCR report noted, "Presently, there are no reliable and conclusive statistics on the number of trafficking victims in the European region... Regrettably, available data do not record key indicators, including information on age, gender, number of victims as well [as] country of origin". |19| Data have improved since that time, fortunately, largely as a result of regional cooperation. Though capacity to produce the needed information may already have been available domestically, international coordination pro-vided the necessary impetus to start a more efficient system for data collection.

While not necessarily expensive, the task of generating data is not easy, even on a national level. In some countries, the data will need to be collected across governmental sectors or from a large number of sub-national entities, so the administrative workload involved should not be underestimated. Furthermore, the mechanism of international reporting may add an extra burden on individual countries. However, the mere presence of such reporting may prompt more countries to collect relevant information, thus promoting strategic thinking on a national level as well. Working on the problem collectively will support countries working on the problem individually.

In the context of the United Nations Global Initiative to Fight Human Trafficking (UN. GIFT) -- within which the research presented in this report was prepared, the Commission on Crime Prevention and Criminal Justice has stressed the utmost importance or international cooperation against trafficking in persons. |20|

The fact that 155 countries and territories were covered by this proactive data collection exercise demonstrates the interest of Member States in cooperating to tackle this issue. It now remains for the United Nations to provide the support needed to help Member States monitor trafficking in human beings.

Developing this monitoring capacity could draw on the experience UNODC has gathered in researching this report. Based on this experience, it would be important to determine which types of information could be collected at the international level for statistical purposes. In principle, four headings are relevant for gathering information on trafficking in persons:

  • The legislative and administrative framework
  • The criminal justice response
  • The victim services
  • Data on the markets that absorb human trafficking victims and data on the populations at risk in the origin countries

Each of these is discussed in turn below.

a. The legislative and administrative framework

Detailed information on the laws and institutions established to address human trafficking is needed to interpret the criminal justice data. Countries without legislation criminalizing trafficking in persons cannot be expected to return any convictions in this area. Where other laws are used to deal with trafficking-related matters, the degree of overlap between these offences and those covered under the Protocol needs to be assessed. Small variations in statutory language and legal traditions make it very difficult to compare offences across countries, and while these problems can never completely be eliminated, they can be ameliorated considerably by understanding the legal context. Changes in the legal regime or the resources dedicated to com-bating trafficking also can aid in interpreting trends within countries.

Towards this end, successful monitoring and information exchange at the international level would have to include consideration of the following questions:

Does the specific offence of "trafficking in persons" exist in the legislation of the country?

If so, is the definition of "trafficking in persons" consistent with Article 3 of the UN Protocol? If not, how does it differ?

If no specific offence of "trafficking in persons" exists in the legislation of the country or if this legislation is not consistent with the Protocol, what other offences exist that can be used to investigate human trafficking (i.e., sexual exploitation, forced labour, slavery, servitude, removal of organs)?

The third question is important and is one that many countries may not have previously considered. Analysis based on the data collected for this report found that many judicial systems do actually prefer to prosecute episodes under the offence of "pandering" that actually fit the definition of trafficking in persons under the Protocol. The question of "related offences" is discussed further below.

b. Criminal justice response

Once it is clear how a given country understands human trafficking, its criminal justice statistics can be more safely analysed. This information remains subject to misinterpretation, of course, and any accounting must be qualified with strong warnings about their basic cross-national incomparability. These are not figures that can be taken at face value but require careful analysis and expert interpretation.

For instance, some of the authorities contacted for this global data collection had the tendency to provide criminal justice statistics concerning trafficking in persons aggregated with figures concerning other offences, such as sexual exploitation. In the context of criminal justice statistics, this practice is quite unique to trafficking in persons.

The data provided, in the case of this report, have been cross-checked and questioned by local experts in a constant interaction with the authorities providing the information. The goal of this exercise was to provide the reader with information that is as clear as possible.

As noted above, one key side effect of international data collection is to prompt national actors to re-think the way they collect information. Many will find that the information they need is generated by multiple agencies, is segmented and scattered, and that even actors within the country may apply different methods, counting rules and processes. For example, in most States, units of accounting vary across the criminal justice sectors. While the police often count the number of investigations into human trafficking, the prosecutor's offices and the court systems are more likely to report on the number of persons prosecuted and convicted. Harmonizing these differences for the purposes of national statistics may be a useful exercise in domestic stock taking and may con-tribute to international understanding.

The following criminal justice indicators may be particularly relevant for cross-national data collection and exchange:

  • Number of offences of "trafficking in persons" recorded by the police or the criminal justice system by year.
  • Number of persons arrested or identified as suspects of "trafficking in persons" by the police or the criminal justice system by gender and year.
  • Number of persons against whom prosecution was commenced for "trafficking in persons" by gender and year.
  • Number of persons convicted at first instance for "trafficking in persons" by gender, citizenship, type of exploitation committed and year.

c. Victim services

Some States keep track of the number of suspected victims of trafficking, whether or not the victims decide to cooperate with the criminal investigation. In addition, however, those organizations - often State or donor sponsored -that provide services to victims of trafficking can prove a rich source of information. These may be specialized organizations or they may be multi-purpose social service providers, but their contact with victims is far greater and less adversarial than that of the criminal justice system. In some countries, these service providers are the only source of indicators on human trafficking available for the country.

Even in countries where criminal justice and social service agencies cooperate closely on the issue of trafficking, they may have different accounting rules, and so it is important to include both perspectives. For example, as regards counting victims of trafficking, NGOs in Austria record child victims of forced begging as trafficking victims, while the police do not. Definitions differ because the goals of these two systems are different. Not all service providers distinguish clearly between possible and confirmed victims, |21| as the primary criterion for assistance they provide is the need, not the legal category, of the victim.

With due respect for the privacy interests of the individuals involved, standard intake questionnaires for residential care facilities could capture a wealth of information, which could be standardized for national and international use. The qualitative insights of counsellors and other experts who work with victims also could be garnered and coded. This need not require any actor to become more intrusive. Rather, there simply needs to be a system for collecting and recording information already gathered in the process of assisting victims so that more people can be helped. Such studies in many countries have documented the phenomenon of "re-trafficking", where the same victim receives services on multiple occasions over the years. The rate at which this phenomenon occurs could provide valuable insights into the state of trafficking markets in any given country.

In addition, many foreign victims of trafficking will eventually be repatriated in a civil process that is not necessarily captured by criminal justice statistics. Some countries keep records of the number of their own nationals returned in this way. The information gathered in this process also could be captured and standardized.

The following indicators related to trafficking victims may be particularly relevant for cross-national data collection and exchange:

  • Number of persons identified by State authorities as Victims of Trafficking in Persons by age, gender, citizenship, type of exploitation suffered and year.
  • Number of persons identified by State authorities as Victims of Trafficking in Persons who were officially returned from other countries, by returning countries and year.
  • Number of Victims of Trafficking in Persons sheltered by all relevant facilities over the course of the year by age, gender, citizenship, type of exploitation suffered and year.
  • Number of Victims of Trafficking in Persons sheltered by all relevant facilities over the course of the year who were returned from other countries, by returning country and year.

Such data could also assist in linking information on victims and perpetrators. At present, for example, many countries can list the top ranking countries of origin of both victims and perpetrators in their country. However, without linkages, it is difficult to generate a picture of who is trafficking whom and for what purpose.

Another way of addressing this deficiency would be to request a case-by-case accounting of certain key indicators, which could be supplied from the side of either the victim or the perpetrator. In other words, each incident in which a victim or offender is detected could be recorded with details of all parties concerned, the location where the detection was made and related matters. Data on the location of the detection could be plotted using geographic information systems, which have proven useful in describing other forms of transnational trafficking. This "incident-based" accounting may sound burdensome, but given that few countries return more than 100 convictions in any one year, it need not be.

d. Data on the illegal market and on vulnerable populations

Data of the type described above has been successfully collected in the present report. The report gives a good sense of the state of the world's response to human trafficking, but, by its nature, the information collected is less informative about the crime itself. The next steps in our understanding of the phenomenon may involve moving beyond response into information on the illegal market for trafficking in human beings.

In the end, the data described above are limited to the number of incidents brought to the attention of the authorities. To understand the "dark figure" - the proportion of victims and perpetrators who go undetected - more data on the economics of the crime are needed. Trafficking victims are typically funnelled into one of several forms of forced labour, especially forced prostitution, work in certain labour intensive sectors (agricultural, factory or service sectors), begging, and domestic work. More information can be gathered about these sectors as a whole, and more research can be conducted to determine what share of this labour is coerced.

For example, it is known that those who traffic women for the purposes of sexual exploitation often make use of exotic dancer visas or similar fraudulent claims to bring women into the countries of destination. Keeping track of applications and permits issued in the adult entertainment industry could provide important indicators for understanding the darker side of this market. The Protocol also criminalizes trafficking for removal of organs. This practice, too, represents a subset of an otherwise licit market whose legitimate side can be quantified with precision.

More generally, the demand side of the market for human beings is little understood, and this gap undermines attempts to put numbers to trafficking flows. Traffickers will sell persons only when certain market conditions make it profitable. Understanding more about how and why this occurs would require price data. This information is regularly gathered for the illegal drug market and for trafficking in firearms. A similar process could be encouraged for human trafficking.

At the same time, the supply side of the market for human beings should be better investigated by collecting data among the population at risk of trafficking. Awareness of the phenomenon, specific knowledge of the risks related to the migratory process and the propensity to take risks to overcome a situation of need are few examples of indicators or vulnerability to trafficking in persons. A regular assessment on these very basic indicators could provide a better understanding of the supply side of human trafficking.

This category or questions has not yet been piloted, so it would be premature to suggest a detailed list of indicators. But this sort of information could be introduced incrementally as monitoring efforts grow and evolve. Questions that produce useful and robust responses could be retained, while those that prove too sensitive or incomparable could be discarded in an evolutionary process over time.

e. International monitoring of patterns and trends in trafficking in persons

In creating and signing the Protocol, the States Parties committed themselves to cooperate in the global struggle against trafficking in human beings. This cooperation requires information sharing on patterns and trends in transnational organized crime, as stated in Articles 28 and 32 of the United Nations Convention against Transnational Organized Crime. Engaging in multilateral collaboration to ensure more intensive gathering and analysis of primary data is an important step in full implementation of the Protocol.

Such collaboration may benefit from the wealth of national and regional models. One long-standing coordinating mechanism that is accepted as a good practice model for centralized data collection is the Dutch National Rapporteur, which issues a regular report with comprehensive official data on the national response to trafficking in persons in the Netherlands. |22| Another example is provided by the German Federal Criminal Office, which collects and publishes annual statistics on the criminal justice response to trafficking in persons. These reports focus on identified cases of human trafficking, criminal intelligence information, the profiles of offenders and victims, and resulting recommendations for law enforcement and policy makers. |23|

Following these examples, data availability on human trafficking has improved significantly in many countries and regions of the world. A growing number of States have established national focal points that coordinate data gathering and maintain a central database. The establishment of such focal points and national rapporteurs has been promoted by regional organizations such as the European Union |24|, the Organization for Security and Cooperation in Europe (OSCE) and many others.

In many States, the availability of data on trafficking in persons has been linked to the establishment of special criminal justice structures to fight human trafficking. In Peru, for example, an electronic on-line registration system was established at the end of 2005 that allows the police to enter data on trafficking in persons into a web-based platform run from a central server. This RETA (Registro y Estadistica del Delito de Trata de Personas y Afines) system is used to classify investigations on human trafficking and follows the case through the criminal justice process.

Similarly, a regional initiative for data collection on trafficking in persons is currently in place within the Economic Community of West African States (ECOWAS). An Anti-Trafficking Unit with a mandate for policy development, coordination and monitoring was established within the ECOWAS Commission with technical assistance by UNODC. This Unit also collects and disseminates data on anti-trafficking activities to national governments and international organizations.

Unfortunately, the countries and regions instituting these remarkable efforts are not in the majority. Of the 155 countries covered by this report, there were less than three dozen with a central database on national responses to trafficking in persons, and most of these were in Europe and Central Asia. This underscores all the more the need for a comprehensive data collection approach at the international level.

Country profiles

For the most part, the information used to compile this report was collected by national institutions, mostly for their administrative purposes and not originally for this research. The data are affected by a number of factors, which renders it partial and incomparable between countries.

The first of these factors is differences in national legislation. Because the basis for the official registration of trafficking in persons is national legislation, the data are clearly affected by the existence, scope and moment of entry into force of this legislation. In addition, each national criminal justice system is different, follows different procedures and implements legislation within the context of different legal systems. The terms investigation, prosecution and conviction involve distinct procedural steps from one country to another according to their individual criminal procedural laws and legal systems. As a consequence, the volume of investigations, prosecutions or convictions will necessarily reflect these variations between countries.

The second factor affecting the data is the "dark number". For a number of reasons, not all human trafficking activities are detected by national authorities or other institutions. Thus, comparing the criminal justice statistics across countries is not possible, since it would result in comparing a mix of different phenomena such as the extent of the crime and the ability of the law enforcement of detecting it, and many others.

The third factor is the nature and functioning of data recording systems for human trafficking cases. The efficiency of existing systems has a clear impact on the statistics available for this report. Thus, the volume of victims and offenders that are officially registered could be heavily influenced by better recording mechanisms.

Because of these factors, interpreting the data used as the basis for this report to signify the extent or magnitude of human trafficking would be inaccurate. The information used in this report cannot be compared across countries, either to represent the severity of human trafficking or to measure the different levels of performance of countries responding to the phenomenon.

The information collected and presented in the following country profiles was provided to UNODC by authoritative sources, including governmental institutions, law enforcement agencies and the judiciary. The sources are clearly referenced in the text, and the validity of the information depends on the validity of the information provided by these sources.

Middle East and North Africa

The following countries are covered in this section: Algeria, Bahrain, Egypt, Iraq, Israel, Morocco, Oman, Qatar, Sudan, and the United Arab Emirates.

Any missing information concerning the region was either unavailable or not accessed by UNODC.

Algeria

Institutional Framework

The specific offence of trafficking in persons does not exist in the legislation of Algeria. According to Algerian authorities, the offences of "hiding and exchange of children", "abuse of job authority to sexually exploit others", "forced prostitution" and others are used to prosecute some forms trafficking in persons. A national action plan on trafficking in persons was adopted in 2006 and renewed in 2007.

Bahrain

Institutional framework

The specific offence of trafficking in persons was established in the Kingdom of Bahrain in January 2008. A national action plan on trafficking in persons was adopted in 2004.

Criminal justice response

A specialized Anti-Human Trafficking Police unit under the jurisdiction of the Ministry of the Interior was established after the adoption of the legislation on trafficking in persons.

Because the legislation was only adopted in 2008, the statistics used in this report refer to cases of human trafficking prosecuted under other offences, such as sexual assault, sequestration and sexual exploitation. Twelve persons were prosecuted and seven persons were convicted in 2007. Those convicted were citizens of Bahrain, of other MENA countries and South Asians.

Services provided to victims

State authorities provide legal assistance, medical and psychosocial support, housing and shelter, and temporary stay permits for victims.

Four men and four women were identified as victims of trafficking in 2007 by State authorities.

Additional information

Two residential facilities, with a capacity of 120 beds, were available to victims of human trafficking in 2007. In that same year, four women trafficked for sexual exploitation were sheltered in these facilities.

Egypt

Institutional framework

The specific offence of child trafficking was established in Egypt in June 2008. The amendments to the 1996 Child Protection Law approved by parliaments recognize trafficking in children, distinctly and exclusively, as a crime. Authorities report that other offences in the criminal code, as well as Child Protection Law of 1996, the anti-prostitution law of 1960, the labour law, and the anti-money laundering law of 2002, are used to criminalize forms of trafficking in persons. Furthermore, draft legislation on the transfer of human organs is in its final stage.

In July 2007, the Prime Minister issued a decree to form the National Coordinating Committee on Combating Human Trafficking within the Ministry of Foreign Affairs. The members of this committee include representatives of all relevant government authorities. One of the responsibilities of the committee is to formulate a national action plan on combating human trafficking taking into account Egypt's international obligations. A drafting committee was created, within the National Committee on Combating Human Trafficking to draft a comprehensive anti-trafficking legislation in line with the UN Trafficking Protocol.

Criminal justice response

A special unit for combating trafficking in children was established within the National Council on Motherhood and Childhood in December 2007.

Because of the absence of a specific provision on human trafficking, no prosecutions or convictions were recorded for trafficking in persons during the reporting period.

The statistics reported in the charts below refer to the following offences: prostitution and exploitation of women, forced labour, removal of organs, deception/employment abroad, exposing a child to delinquency, and exploitation of children. The Egyptian authorities emphasize that these statistics do not represent the full scope of trafficking in persons in Egypt. In this regard, a survey-study to accurately identify the scope, magnitude and root causes of the problem in Egypt is being undertaken by the National Centre for Social and Criminological Research in full cooperation with the national coordinating committee to combat and prevent trafficking in persons.

Fig. 1: Persons investigated for offences used to prosecute trafficking in persons in Egypt, by gender (2003-2006)

Fig. 2: Cases investigated for offences used to prosecute trafficking in persons in Egypt, by offence (2003-2007)


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Source: Public Prosecution, Ministry of the Interior

Source: Public Prosecution, Ministry of the Interior

Services provided to the victims

State authorities provide legal protection, medical and psychosocial support, and housing and shelter for victims. Assistance is provided through social welfare institutions that are either affiliated with the Ministry of Social Solidarity or are certified at the ministry in accordance with the Law on Child Protection and its executive statute. Local NGOs provide legal protection, and medical and psychosocial support.

The national Council for Childhood and Moth-erhood announced plans to launch a rehabilitation centre in the district of El-Salam that will act as a shelter for child victims of trafficking.

Fig. 3: Victims of trafficking in persons


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Source: Public Prosecution, Ministry of Interior

Additional information

In 2005 and 2006, seven persons were convicted for removal of organs.

Iraq

Institutional framework

There is no specific law in the Iraqi national legislation that criminalizes trafficking in persons, establishes it as a separate offence or defines it in line with the UN Trafficking Protocol. The Iraqi constitution criminalizes trafficking in women and children, as well as forced labour, slavery and slave trade (Article 35, Ch. II Liberties). These offences were introduced between 2003 and 2007.

Criminal justice response

There are no criminal justice statistics available on trafficking in persons in Iraq, primarily due to the absence of specific anti-trafficking legislation on which to base the collection of this type of information.

Israel

Institutional framework

The specific offence of trafficking in persons was established in Israel in 2000. The criminal code was amended in October 2006 to include labour exploitation within the existing definition of human trafficking. This legislation has a wider application because it does not require the identification of the means of trafficking as is called for in the UN Trafficking Protocol. A national action plan was approved by the government in December 2007.

Criminal justice response

The Crime Unit in the Immigration Administration is a specialized police agency targeting the exploitation of foreign workers, including trafficking victims. According to authorities, trafficking in persons is often investigated under other offences, such as pandering, causing a person to engage in prostitution, soliciting prostitution and kidnapping. Statistics on these cases are reported separately, and the extent of trafficking cases investigated under these other offences is not known.

Fig. 4: Cases of trafficking in persons investigated in Israel (2003-2006)

Fig. 5: Persons convicted of trafficking in persons in Israel (2003-2006)


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Source: National Coordinator on Human Trafficking, Police

Source: National Coordinator on Human Trafficking, Police

Fig. 6: Sanctions for trafficking in persons in Israel (2003-2006)

Fig. 7: Trafficking-related cases investigated in Israel (2003-2006)


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Source: National Coordinator on Human Trafficking, State Attorney's Office

Source: National Coordinator on Human Trafficking, Police

Services provided to victims

State authorities and local NGOs provide legal protection, temporary visas, medical and psychosocial support, housing and shelter, empowering programmes and job training for victims.

Fig. 8: Victims of trafficking in persons sheltered in Israel,
by gender (2004-2007)

Fig. 9: Victims of trafficking in persons sheltered in Israel,
by type of exploitation (2005-2007)


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Source: Maagan Shelter

Source: Maagan Shelter

Fig. 10: Victims of trafficking in persons sheltered in Israel,
by country of citizenship (2005-2006)


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Source: Maagan Shelter

Additional information

All offenders convicted in 2005 and 2006 were involved in trafficking for sexual exploitation. In 2007, five victims of trafficking for the purpose of organ removal were identified by police, and two offenders were convicted of the same charge. Also in 2007, six victims of trafficking for forced labour or slavery were sheltered. These victims were all adult women from Sri Lanka, China, Nepal and Ukraine.

Morocco

Institutional framework

Trafficking in persons is criminalized in Morocco through Article 2-274 of the criminal code, but there is no clear definition of the crime. Sexual exploitation and forced labour are criminalized through other offences included in the criminal code. A national action plan was adopted in 2007.

Criminal justice responses

The Division ro Combat Family and Public Norms-related Crimes and die Public Morals Group within the judicial Police Deparmiem have jurisdiction over cases of trafficking in persons, sexual exploitation and forced labour.

Fig. 11: Persons suspected of trafficking in persons in Morocco, by gender (2003-2006)


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Source: Division to Combat Family and Public Norms-related Crimes

Services provided to victims

State authorities provide legal protections, temporary visas, medical and psychosocial support, and housing and shelter.

Fig. 12: Victims of trafficking in persons identified by State authorities in Morocco (2003-2006)


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Source: Judicial Police Department

Additional information

All identified victims were Moroccan. Just five victims a year were repatriated in 2005 and 2006, indicating that the rest were internally trafficked. These 10 victims were repatriated from the Middle East.

Oman

Institutional framework

The specific offence of trafficking in persons has been introduced in Oman in November 2008. According to competent authorities, the offences of exploiting prostitution or debauchery and sequestration have been used to criminalize some forms of trafficking in persons during the reporting period.

Criminal justice response

Because of the absence of a specific provision on human trafficking, no prosecutions or convictions were recorded for trafficking in persons during the reporting period.

The statistics reported in the following charts refer to the offences of sequestration and sexual exploitation.

Fig. 13: Persons prosecuted for "sequestration "and "sexual exploitation" in Oman, by gender (2003-2006)

Fig. 14: Persons prosecuted for "sequestration" and "sexual exploitation" in Oman, by citizenship (2005-2006)


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Source: Office of the Public Prosecutor of Oman

Source: Office of the Public Prosecutor of Oman

Services provided to victims

State authorities provide repatriation of victims.

Qatar

Institutional framework

The specific offence of trafficking in persons does not exist in the legislation of Qatar. According to the authorities, other offences in the criminal code are used to prosecute some forms ol trafficking in persons. A law on combating human trafficking has been drafted and is being debated by relevant authorities. A national action plan was last updated in 2007.

Criminal justice response

Because of the absence of a specific provision on human trafficking, no prosecutions or convictions were recorded for trafficking in persons during the reporting period.

About 25 men were arrested and 14 were convicted of trafficking in persons-related offences in the period 2005-2006. These offenders were mostly Qatari but some were from South Asia and other regions.

Services provided to victims

State authorities and local NGOs provide legal protection, medical and psychosocial support, housing and shelter, and temporary stay permits. Several entities art entitled to refer victims of human trafficking to institutions that offer protection. The Qatari House, established in 2005, has hecome the specialized institution to shelter and protect victims of human trafficking.

Fig. 15: Victims of trafficking in persons identified by State authorities in Qatar, by age and gender (2003-2006)

Fig. 16: Victims of trafficking in persons identified by State authorities in Qatar, by type of exploitation (2005-2006)


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Source: National Office of Combating Trafficking in Humans

Source: National Office of Combating Trafficking in Humans

Additional information

All the boys identified as victims of trafficking during the reporting period were Sudanese and exploited as camel jockeys. They are being rehabilitated in Sudan by the Qatar Charity Association in cooperation wirh the Sudanese Childhood Council.

Five of the women and men identified as victims were Vietnamese and others were from other countries.

Sudan

Institutional framework

Sudan introduced the concept of trafficking in persons into the framework of its cyber crime legislation in 2007.

Criminal justice response

A new department for combating human trafficking was established in 2007; it is part of the Cyber Crime Department, which is affiliated with the General Department of Criminal Intelligence and Investigation. The new department's responsibilities are to combat prostitution and sexual exploitation networks, to fight human trafficking and to halt the trafficking of body organs. Fifty officers are assigned to this department.

Services provided to victims

State authorities provide legal protection, housing and shelter, and medical and psychosocial support.

Additional information

The National Council for Child Care in cooperation with the Ministry of the Interior, the Ministry of Social Welfare for Women and Children and the Ministry of Foreign Affairs collects data on cases of Sudanese nationals trafficked outside of Sudan. Other formal procedures and legal support are carried out by relevant ministries, enhancing cooperation with international organizations and NGOs and providing them with the necessary support.

The National Council for Child Care also is working in cooperation with UNICEF to establish a central database of children who were trafficked to serve as camel jockeys. Data has been collected and work on the design of the system for the database is underway. Additionally, a study was conducted to analyze and survey the situation and needs of children participating in camel races who were deported back to Sudan from Gulf countries. This study was based on a sample of 629 Sudanese boys identified as victims of trafficking for use as camel jockeys.

United Arab Emirates

Institutional framework

The specific offence of trafficking in persons was established in the United Arab Emirates in 2006. A national action plan was adopted in 2006 and renewed in 2008.

Criminal justice response

A specialized division on combating human trafficking was established in 1995 as part of the Human Rights Care Department of the Dubai Police General Headquarters. Trafficking in persons also falls under the competence of the General Department for Criminal Security of the Ministry of the Interior and the Division on Combating Organized Crime of the Criminal Investigation Department, which was established in 2006. About 150 officers are assigned to trafficking in persons and related crimes.

In 2007, at least 10 human trafficking cases were registered, and four men and two women were arrested for trafficking in persons. There have been convictions in five cases, with those convicted receiving jail terms ranging from three to 10 years.

Other offences in the criminal code (sequestration, debauchery, exploitation of prostitution, slavery and others) were used to prosecute some forms of trafficking prior to 2006. The following statistics refer to these related offences.

Fig. 17: Persons convicted of trafficking in persons-related offences in the UAE, by citizenship (2005-2006)

Fig. 18: Persons convicted of trafficking in persons-related offences in the UAE, by gender (2003-2006)


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Source: Office of the Public Prosecutor, Dubai

Source: Office of the Public Prosecutor, Dubai

Services provided to victims

State authorities and local NGOs provide victims legal assistance, medical and psychosocial support, housing and shelter, and assistance for reintegration into the labour force.

Fig. 19: Victims of trafficking in persons identified by State authorities in the UAE, by age and gender (2003-2007)

Fig. 20: Victims of trafficking in persons identified in the UAE, by citizenship (2005-2006)


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Source: Office of the Public Prosecutor, Dubai and Ministry of the Interior

Source: Office of the Public Prosecutor, Dubai and Ministry of the Interior

Additional information

All of the victims identified in the years 2005 and 2006 were trafficked for sexual exploitation.

Three residential facilities were available in 2007 for victims of human trafficking, with a total capacity of more than 150 beds. Four women trafficked for sexual exploitation were sheltered in that year. These facilities have sheltered 21 victims - 20 women and one child - from 2007 through February 2008.

The UAE National Committee to Combat Trafficking in Persons was created in April 2007 as the coordinating body for anti-trafficking efforts at all levels in the seven emirates of the federation.

West and Central Africa

The following countries are covered in this section: Benin, Burkina Faso, Chad, Cote d'Ivoire, Gabon, Ghana, Guinea, Liberia, Mali, Mauritania, Niger, Nigeria, Senegal, Sierra Leone, Gambia and Togo.

Any missing information concerning the region was either unavailable or not accessed by UNODC.

Benin

Institutional framework

The specific offence of child trafficking was established in Benin in 2006. The law does not cover trafficking in persons above the age of 18. Prior to 2006, the law on the prohibition of taking children out of the country could have been used to prosecute some forms of trafficking in children. The law also includes the specific criminalization of "using children in armed conflicts".

Criminal justice response

Benin has a specific law enforcement unit for the protection of minors, which also deals with trafficking in persons cases. The Brigade de Protection des Mineurs has been active since 1991. In 2004, the Brigade had about 10 officers devoted full time to the protection of minors.

Fig. 21: Persons investigated for trafficking in children and for related offences in Benin, by gender (2003-2006)

Fig. 22: Persons prosecuted for trafficking in children and for related offences in Benin (2003-2006)


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Source: Ministère de la Justice de la Législation Sociale et des Droits de l'homme

Source: Ministère de la Justice de la Législation Sociale et des Droits de l'homme

Fig. 23: Persons convicted of trafficking in children and for related offences in Benin, by gender (2003-2006)

Fig. 24: Sanctions for trafficking in children and for related offences (2003-2006)


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Source: Ministère de la Justice de la Législation Sociale et des Droits de l'homme

Source: Ministère de la Justice de la Législation Sociale et des Droits de l'homme

Services provided to victims

State authorities provide legal protection, temporary stay permits, medical and psychosocial support, and repatriation of victims to their origin countries. Local NGOs provide legal protection, medical and psychosocial support, housing and shelter, and victim repatriation.

Fig. 25: Victims of trafficking identified by State authorities in Benin, by age (2003-2006)

Fig. 26: Victims of trafficking identified by State authorities in Benin, by country of citizenship (2005-2006)


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Source: Ministère de la Justice de la Législation Sociale et des Droits de l'homme

Source: Ministère de la Justice de la Législation Sociale et des Droits de l'homme

Additional information

Those convicted in 2005 and 2006 of trafficking in persons were mainly nationals from Benin, but they also included offenders from Ghana, Liberia, Mali, Niger and Togo.

In addition to victims of trafficking in persons national authorities identified about 47 victims of sexual exploitation in 2005 and 123 in 2006. In 2005, 324 victims of forced labour were recorded and 431 were recorded in 2006.

Benin has an official referral system or mechanism for victims of trafficking in persons and a central database where information concerning identified victims is registered. These services are operated by the Observatory for Family, Women and Child Protection.

Burkina Faso

Institutional framework

The specific offence of child trafficking was established in Burkina Faso in 2003. The law does not cover trafficking in persons above the age of 18. A law covering adult trafficking was drafted in 2007, and a national action plan on child protection was adopted in 2005.

Criminal justice response

In 2008, the Brigade de Mineurs had about 180 officers dedicated full time to the protection of minors.

Fig. 27: Persons convicted of trafficking in children in Burkina Faso (2004-2006)


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Source: Child Protection Department of the Ministry of Social Affairs and National Solidarity

Services provided to victims

State authorities provide legal protection, temporary stay permits, medical and psychosocial support, and housing and shelter for victims. Local NGOs and international organizations provide legal protection, medical and psychosocial support, housing and shelter, and repatriation of victims.

Fig. 28: Victims of trafficking in children identified by State authorities in Burkina Faso (2004-2006)


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Source: Child Protection Department of the Ministry of Social Affairs and National Solidarity

Additional information

Those convicted of trafficking in persons in 2005 and 2006 were mainly nationals of Burkina Faso. All the convicted offenders were punished with administrative sanctions.

All of the identified victims were children. Victims receiving shelter were most frequently returned from neighbouring countries, as well as from Europe and North Africa. According to authorities, about 10% of the victims were exploited for prostitution; 40% for forced begging; and 50% for the worst forms of child labour.

Chad

Institutional framework

The specific offence of trafficking in persons does not exist in the legislation of Chad. A law on child trafficking was drafted in 2007 and is pending consideration by the competent authorities. A national action plan was adopted in 2006.

Criminal justice response

Because of the absence of a specific provision on human trafficking, no prosecutions or convictions were recorded for trafficking in persons during the reporting period. Laws criminalizing related forms of trafficking are used to prosecute some types of cases, including illegal adoption, economic exploitation, forced services and abduction (kidnapping and rape).

About 40 prosecutions and 10 convictions were reported in Chad for offences related to trafficking in persons. In addition, about 1,200 convictions for sexual exploitation, 96 for forced labour and 92 for servitude were recorded in Chad in 2007 alone.

Services provided to victims

State authorities provide legal protection, temporary stay permits, medical and psychosocial support, and housing and shelter for victims. Local NGOs and international organizations provide medical and psychosocial support and housing and shelter.

National authorities in Chad identified about 500 children in 2006 and 113 children (88 boys and 25 girls) in 2007 as victims of trafficking or related crimes.

Additional information

In addition to the victims of trafficking in persons, more than 3,400 victims of sexual exploitation; about 6,000 victims of forced labour; and more than 7,000 victims of servitude were identified by State authorities in 2007. Many cases of organs removal for mystic practices were also recorded.

Cote d'Ivoire

Institutional framework

The specific offence of trafficking in persons does not exist in the legislation of Cote d'Ivoire, but laws criminalizing related forms are used to prosecute some types of trafficking. A specific law criminalizing all forms of trafficking was pending with the competent authorities in 2007. A national action plan on child trafficking and child labour was adopted in 2007.

Criminal justice response

Because of the absence of a specific provision on human trafficking, no prosecutions or convictions were recorded for trafficking in persons during the reporting period.

About 29 men were investigated for forced labour between 2005 and 2007, with two prosecutions recorded in 2005 and 15 in 2006, resulting in two convictions in 2006.

Services provided to victims

State authorities provide legal protection, temporary stay permits, medical and psychosocial support, and housing and shelter for victims. Local NGOs and international organizations provide medical and psychosocial support and housing and shelter.

Fig. 29: Victims of trafficking in persons identified by State authorities in Cote d'Ivoire, by gender (2005-2007)

Fig. 30: Victims identified by State authorities in Cote d'Ivoire, by country of citizenship (2005-2006)


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Source: Social Protection Department, Cote d'Ivoire

Source: Social Protection Department, Cote d'Ivoire

Additional information

All identified victims were exploited for forced labour with the exception of three in 2005 who were trafficked for sexual exploitation.

Gabon

Institutional framework

The specific offence of child trafficking was established in Gabon in 2004. The law does not cover trafficking in persons above the age of 18. Other provisions of the penal code criminalize sexual exploitation and forced labour.

Criminal justice response

In 2006, 20 men were investigated for child trafficking, and 11 were prosecuted. Information on previous years as well as information related to convictions was unavailable.

Services provided to victims

State authorities provide legal protection, temporary stay permits, medical and psychosocial support, and housing and shelter for victims. Local NGOs provide housing and shelter and repatriation services.

During 2004-2005, the Centre Arcade in Gabon sheltered 197 victims of trafficking and related crimes. These victims included 137 children (22 boys and 115 girls) and 60 adults (one man and 59 women), all of whom were victims of forms of forced labour, such as domestic servitude and street selling. About 84 of these victims were repatriated to their own countries in 2005.

Fig. 31: Victims of trafficking in persons sheltered by the NGO Centre Arcade in Gabon, by country of citizenship (2004-2005)


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Source: Centre Arcade

The Gambia

Institutional framework

The specific offence of trafficking in persons was established in Gambia in 2007. A national action plan on trafficking in persons was adopted in 2007.

Criminal justice response

The 2007 Trafficking in Persons Act included the establishment of a national agency against trafficking in persons, however, it had yet to be put in place as of 2008. A special enforcement section under the Department of Immigration and Child Protection Unit also deals with some forms of trafficking in persons.

No prosecutions or convictions for trafficking in persons were recorded during the reporting period.

Services provided to victims

State authorities provide legal protection, temporary stay permits, medical and psychosocial support, and housing and shelter for victims. Local NGOs provide medical and psychosocial support and housing and shelter.

Ghana

Institutional framework

The specific offence of trafficking in persons was established in Ghana in 2005.

Criminal justice response

The Domestic Violence and Sexual Offences Unit of the Ghana Police Service is mandated to investigate trafficking in persons in addition to domestic violence offences.

The first two offenders were prosecuted for trafficking in persons in 2006, with the first conviction in 2007. In 2008 through May, five more persons were prosecuted.

Services provided to victims

State authorities provide legal protection, temporary stay permits, medical and psychosocial support, housing and shelter, vocational training and microfinance opportunities for victims. Local NGOs and international organizations provide legal protection, medical and psychosocial support, and housing and shelter.

Fig. 32: Victims of trafficking in persons identified by State authorities in Ghana, (2003-2007)

Fig. 33: Victims of trafficking in persons identified in Ghana, by country of citizenship (2005-2007)


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Source: Ghana Human Trafficking Management Board

Source: Ghana Human Trafficking Management Board

Additional information

Fifteen of the 20 Ghanaian victims identified between 2005 and 2007 were repatriated from other countries in West Africa and Europe, and the remaining five were trafficked internally.

Guinea

Institutional framework

The specific offence of trafficking in persons does not exist in the legislation of Guinea. Some forms of trafficking in persons may be prosecuted through the offences of "pawn of human beings" and "servitude", which have existed in the criminal code since 1998. A national action plan on trafficking in persons was adopted in 2005.

Criminal justice response

Guinea's law enforcement has a specialized child protection unit that addresses child trafficking. Due to the absence of a specific provision on human trafficking, no prosecutions or convictions were recorded in Guinea.

The following data refer to the offences of "pawn of human beings" (Article 338 of the penal code) and "servitude" (Article 337 of the penal code).

Fig. 34: Persons investigated for "pawn of human beings" and "servitude" in Guinea, by gender (2003-2006)

Fig. 35: Persons arrested for "pawn of human beings" and "servitude" in Guinea (2003-2006)


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Source: Ministry of Social Affairs, Woman Promotion and Childhood

Source: Ministry of Social Affairs, Woman Promotion and Childhood

Services provided to victims

State authorities provide legal protection, temporary stay permits, medical and psychosocial support, and housing and shelter for victims. Local NGOs and international organizations provide legal protection, temporary stay per-mits, medical and psychosocial support, and housing and shelter.

Liberia

Institutional framework

The specific offence of trafficking in persons was established in Liberia in 2005. A national action plan was adopted in 2006.

Criminal justice response

The Women and Children Protection Section was established in 2005 as part of the Liberian National Police. The section is responsible for the protection of women and children and has responsibility for investigating cases of trafficking in persons as well as sexual assault, sexual exploitation, domestic violence, child abuse and other related offences.

No convictions were recorded during the period considered by this report.

Fig. 36: Persons investigated for trafficking in persons in Liberia, by gender (2004-2006)


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Source: Anti-trafficking in Persons Secretariat, Liberia

Services provided to victims

State authorities provide legal protection, temporary stay permits, medical and psychosocial support, and housing and shelter for victims. Local NGOs provide legal protection, and international organizations provide housing and shelter.

Fig. 37: Victims of trafficking identified by State authorities in Liberia, by age and gender (2004-2006)

Fig. 38: Victims of trafficking identified by State authorities in Liberia, by exploitation (2005-2006)


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Source: Anti-trafficking in Persons Secretariat, Liberia

Source: Anti-trafficking in Persons Secretariat, Liberia

Additional information

The Faith Consortium of Liberia receives trafficked children, collects related data and transfers the children to a shelter run by the Women and Children Protection Unit. All the victims reported above were Liberians, with the exception of two victims from North Africa and two from other countries in West Africa.

Mali

Institutional framework

The specific offence of child trafficking was established in Mali in 2001. The law does not cover trafficking in persons above the age of 18. Other provisions criminalize the sexual exploitation and the forced labour of adults. A national action plan on child trafficking was adopted in 2002.

Criminal justice response

Eight persons - seven men and one woman -were investigated for child trafficking in Mali between 2003 and 2006 (four in 2004, three in 2005 and one in 2006). Three persons were prosecuted during this same period, all of them in 2005, but no convictions were recorded prior to 2006.

Services provided to victims

State authorities provide legal protection, temporary stay permits, medical and psychosocial support, and housing and shelter for victims. Local NGOs and international organizations provide medical and psychosocial support and housing and shelter.

Fig. 39: Victims of trafficking identified by State authorities in Mali, by gender (2000-June 2007)

Fig. 40: Internally trafficked victims identified by State authorities in Mali, by gender (2000-June 2007)


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Source: Direction Nationale de la Promotion de l'Enfant et de la Famille

Source: Direction Nationale de la Promotion de l'Enfant et de la Famille

Fig. 41: Victims trafficked abroad identified by State authorities in Mali, by gender (2000-June 2007)


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Source: Direction Nationale de la Promotion de l'Enfant et de la Famille

Additional information

All the victims identified during the reporting period were Malian; some were repatriated, while others were victims of internal trafficking. Victims were mainly repatriated from other countries in West and Central Africa.

Mauritania

Institutional framework

The specific offence of trafficking in persons was established in Mauritania in 2003, and new provisions were adopted in the penal code in 2007 criminalizing slavery. A national action plan on child trafficking was adopted in 2005.

Criminal justice response

A special Child Police Brigade targeting child forced labour and child prostitution was established in 2006.

Two men were investigated for trafficking in persons between 2003 and 2006. No prosecutions and no convictions were recorded prior to 2006.

Services provided to victims

State authorities provide legal protection, temporary stay permits, medical and psychosocial support, and housing and shelter for victims. Local NGOs and international organizations provide medical and psychosocial support and housing and shelter.

Twenty-one Mauritanian boys were repatriated from the Middle East in 2006 where they were exploited as camel jockeys. No other information was available concerning victims.

Niger

Institutional framework

The specific offence of trafficking in persons does not exist in the legislation of Niger, although some forms of trafficking may be prosecuted through other offences, such as "forced begging" and "pandering". In 2007, draft legislation was under consideration by the competent authorities.

Criminal justice response

Because of the absence of a specific provision on human trafficking, no prosecutions or convictions were recorded during the reporting period. Episodes of trafficking, however, might have been investigated and prosecuted under other offences, with about 150 persons suspected under these related offences since 2003. One conviction was recorded for sexual exploitation in 2006.

Services provided to victims

State authorities provide legal protection, temporary stay permits, and medical and psychosocial support for victims of trafficking. Local NGOs and international organizations provide legal protection, medical and psychosocial support, and housing and shelter.

Nigeria

Institutional framework

The specific offence of trafficking in persons was established in Nigeria in 2003. A national action plan on trafficking in persons was adopted in 2006.

Criminal justice response

Nigeria has three different specialized police units dealing with trafficking in persons. The first is the National Agency for the Prohibition of Trafficking in Persons (NAPTIP). NAPTIP is responsible for investigation, enforcement cooperation and coordination, and the legal department of the agency has skills in the prosecution of human trafficking cases. The police force also has a specialized unit to combat trafficking in persons that coordinates its efforts with NAPTIP. The special immigration unit to combat trafficking in persons concentrates most of its work on interception of victims and traffickers at border and exit points. About 100 officers were dedicated full time to combating trafficking in persons in 2007.

All persons convicted traffickers were Nigerians.

Fig. 42: Persons prosecuted for trafficking in persons in Nigeria, by gender (2004-2006)

Fig. 43: Persons convicted for trafficking in persons in Nigeria, by gender (2004-2008)


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Source: Legal and Prosecution Department, NAPTIP

Source: NAPTIP

Services provided to victims

State authorities provide legal protection, temporary stay permits, medical and psychosocial support, housing and shelter, vocational skills training, schooling, job placement and small business start-up support for victims. Local NGOs and international organizations provide housing and shelter.

Fig. 44: Victims of trafficking identified by State authorities in Nigeria, by age and gender (2004-September 2008)

Fig. 45: Victims of trafficking identified by State authorities in Nigeria, by country of citizenship (2005- September 2008)


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Source: NAPTIP

Source: NAPTIP

Fig. 46: Victims of trafficking identified by State authorities in Nigeria,
by type of exploitation (2004-September 2008)


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Source: NAPTIP

Additional information

NAPTIP has a rehabilitation and reintegration department that coordinates all organizations and agencies with respect to support and services for victims. It does this through its headquarters and six zonal offices, each of which has a shelter available to care for victims. NAPTIP supervises other institutions and organizations providing services to victims within its area of jurisdiction. A central database is situated in the NAPTIP Monitoring Centre that stores information on victims and traffickers.

The chart concerning the type of exploitation presents figures that add up to values that are greater than those concerning the profile of the victims. This is due to the fact that one victim suffering mixed forms of exploitation is counted multiple times in the statistics based on the type of exploitation.

Senegal

Institutional framework

The specific offence of trafficking in persons was established in Senegal in 2005. A national action plan on trafficking in persons was adopted in 2004.

Criminal justice response

Senegalese law enforcement includes two police units that address trafficking in persons. The first unir targets sexual exploitation and the second focuses on illegal migration.

All persons investigated on suspicion of trafficking in 2005 and 2006 were Senegalese with the exception of three citizens from other West African countries.

Fig. 47: Persons investigated for trafficking in persons and for related offences in Senegal (2003-2006)

Fig. 48: Persons arrested for trafficking in persons and for related offences in Senegal (2003-2006)


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Source: Ministry of Justice, Criminal Affairs and Graces Department

Source: Ministry of Justice, Criminal Affairs and Graces Department

Services provided to victims

State authorities provide legal protection, temporary stay permits, and medical and psychosocial support for victims. Local NGOs and international organizations utter legal protection, temporary stay permits, medical and psychosocial support, and housing and shelter. Two residential facilities are available for victims.

Sierra Leone

Institutional framework

The specific offence of trafficking in persons was established in Sierra Leone in 2005. A national action plan on trafficking in persons was adopted in 2006.

Criminal justice response

The Family Support Unit of the Sierra Leone Police along with the Criminal Investigation Division were established in 2005 and have jurisdictional responsibility for trafficking in persons cases.

In 2007, the Sierra Leone Anti-trafficking Task Force reported that nine cases were investigated; three were taken to court; and one was withdrawn or resolved in 2007. No convictions were recorded during the reporting period.

Services provided to victims

State authorities, in cooperation with IOM, provide housing and shelter for victims. International organizations offer legal protection, medical and psychosocial support, housing and shelter, and vocational training for victims. A residential facility for victims is administrated by IOM.

Information concerning victims sheltered prior to 2007 is unavailable, and the data for 2007 only relates to victims of trafficking in persons assisted between March and November of that year. During this period, 37 minors and eight adults (31 females and 14 males) were assisted by IOM. The data indicates that the most prevalent forms of exploitation were domestic servitude (14 victims) and sexual exploitation (21 victims), with the remaining victims (10) suffering other types of trafficking.

The Ministry of Social Welfare reports the repatriation of six victims trafficked into Sierra Leone back to their countries of origin in other parts of West Africa in 2007.

Togo

Institutional framework

The specific offence of child trafficking was established in Togo in 2005, but the law does not cover trafficking in persons for those above the age of 18. Other provisions of the penal code criminalize sexual exploitation, forced labour, child begging and the use of children as soldiers. A national action plan on child trafficking was adopted in 2007.

Criminal justice response

The Brigade de Protection des Mineurs is responsible for cases of child trafficking.

In 2007, six men were convicted of trafficking in persons; one for trafficking for the purpose of sexual exploitation and five for trafficking for the purpose of servitude. The six convicted received a sentence of less than one year in prison. Information concerning previous years was unavailable.

Services provided to victims

State authorities provide legal protection, temporary stay permits, medical and psychosocial support, and housing and shelter for victims. Local NGOs and international organizations provide medical and psychosocial support and housing and shelter. Two residential facilities administrated by NGOs are available for victims.

According to the Ministry of Employment, there were 1,758 victims of trafficking in Togo in 2003 and 1,301 in 2004. Most of the victims were children.

Fig. 49: Persons investigated for trafficking in persons in Togo, by gender (2004-2007)


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Source: Direction Générale de la Police Judiciaire, Tribunaux du Togo

Additional information

The citizenship of many of the victims sheltered in 2005 and 2006 remains unknown, but the above chart represents citizenships when the information is available. Seventy-five per cent of victims sheltered by one of the NGOs were girls, and girls accounted for almost all of the victims sheltered by the second NGO. Many Togolese victims sheltered were repatriated from other countries and many were trafficked internally. It is not possible to have an exact measure of internal trafficking or of the countries to which the victims were trafficked.

Fig. 50: Victims of child trafficking sheltered by two NGOs in Togo (2003-2006)

Fig. 51: Victims of child trafficking sheltered by two NGOs in Togo, by country of citizenship (2005-2006)


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Sources: Esperance Centre (WAO-Afrique) and OASIS (Terre des Hommes)

Sources: Esperance Centre (WAO-Afrique) and OASIS (Terre des Hommes)

East Africa

The following countries are covered in this section: Burundi, Djibouti, Eritrea, Ethiopia, Kenya, Mauritius, Rwanda, Tanzania and Uganda.

Any missing information concerning the region was either unavailable or not accessed by UNODC.

Burundi

Institutional framework

The specific offence of trafficking in persons does not exist in the legislation of Burundi. However, an amendment to the existing 1981 Penal Code aimed at including human trafficking as an offence was under consideration by the competent authorities in 2008.

Criminal justice response

A specific Anti-Human Trafficking Unit and a Child Protection Unit within the Criminal Investigation Department were established in 2005.

Because of the absence of a specific provision on human trafficking, no prosecutions or convictions were recorded for trafficking in persons during the reporting period.

Services provided to victims

NGOs provide legal protection and housing and shelter for persons in need, including trafficking victims. Two residential facilities were available for victims in 2007.

Additional information

Suspected cases of trafficking-related crimes, particularly child trafficking and forced marriage, were detected during the reporting period. These cases mainly involved nationals trafficked internally.

Djibouti

Institutional framework

The specific offence of trafficking in persons was established in Djibouti in 2007.

Criminal justice response

Because the legislation was adopted only in 2007, there are no statistics on trafficking in persons available before 2008.

Three men were investigated and arrested for trafficking in persons between January and June 2008.

Services provided to victims

NGOs provide medical services and housing and shelter for persons in need, including trafficking victims.

Eritrea

Institutional Framework

The specific offence of trafficking in persons was established in Eritrea in 1957. It is framed in the penal code as "offences against morals and the family". The 1957 legislation does not criminalize acts that facilitate the acquisition of human trafficking victims and their conveyance through transit locations to their destinations.

Criminal justice response

No cases were investigated or prosecuted in Eritrea for trafficking in persons during the reporting period.

Services provided to victims

State authorities provide legal protection, medical services, and housing and shelter for trafficking victims. There is no record of any trafficking victims sheltered by these service providers during the reporting period.

Additional information

In Eritrea, shelter services for persons in need, including victims of trafficking, are all run by State authorities. These services include 22 group homes and other institutions run by the Ministry of Labour and Human Welfare that provide shelter for 450 orphans annually; a Canteen Centre in Senafe catering to 1,710 children living in camps; and a Juvenile Remand Home in Asmara serving children in conflict. The Juvenile Remand Home has the capacity to shelter 28 boys and 10 girls at any one time; it assisted 32 girls and 171 boys in 2007.

Ethiopia

Institutional framework

The specific offence of trafficking in persons was established in Ethiopia in 2004. A national action plan against trafficking in persons was also adopted.

Criminal justice response

Eighteen offenders were prosecuted and convicted for trafficking in persons in 2007. Eight of them, all Ethiopian citizens, were sentenced to more than 10 years in prison, and the rest -all Somali citizens - were deported to Somalia. All of these were cases of trafficking in persons for the purpose of slavery.

Fig. 52: Persons investigated for trafficking in persons in Ethiopia (2004-2007)


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Source: National Police of the Federal Democratic Republic of Ethiopia

Services provided to victims

State authorities provide legal protection to victims. NGOs offer medical and psychosocial support and housing and shelter.

Additional information

Four Ethiopian victims were identified by State authorities between 2003 and 2006. Three of these victims were trafficked for servitude and slavery and one for organ removal, and all were repatriated from the Middle East.

At the end of 2007, about 1,300 persons were sheltered for various reasons in Ethiopia, including as a result of trafficking. The exact number of trafficking victims receiving services is unknown.

Kenya

Institutional framework

The specific offence of trafficking in persons does not exist in the legislation of Kenya, but draft legislation was under consideration in the Assembly in May 2008. The offence of "child stealing" has been used to prosecute some forms of child trafficking. A draft trafficking in persons national plan of action was presented ior approval to the competent authorities in 2007.

Criminal justice response

An Anti-Human Trafficking Unit was created within the national police to combat trafficking in persons.

Because of the absence of a specific provision on human trafficking, no prosecutions or convictions were recorded for trafficking in persons during the reporting period. In 2007, three convictions were recorded for child stealing.

Services provided to victims

State authorities and international organizations provide legal protection, medical and psychosocial support, and housing and shelter to victims.

Between January 2007 and April 2008, 32 victims of child stealing were recorded by Kenyan authorities, and one victim of sexual exploitation was identified in 2007. All victims were Kenyan, and all five were repatriated from Europe.

Additional information

The Children's Department has a screening and referral system that brings child victims into contact with institutions such as safe houses and government-run children's homes.

Mauritius

Institutional framework

The specific offence of child trafficking was established in Mauritius in 2004, but the law does not cover trafficking in persons for those above 18 years of age. More comprehensive legislation was drafted and was under consideration by competent authorities in May 2008.

Criminal justice response

The Police Family Protection Unit (PFPU) and Brigade pour la Protection des Mineurs (BPM) work in close collaboration with the Ministry of Women's Rights, Child Development and Family Welfare and the Ombudsperson for Children's Office in protecting victims of sexual abuse, prostitution and all other forms of exploitation involving child victims.

In 2007, three persons were arrested for child trafficking, and two persons were convicted of child labour.

Episodes of trafficking could be investigated and prosecuted under the following offences: "soliciting for immoral purposes'', "brothel keeping", "prostitution" and "debauchery". About 100 cases have been investigated under these offences since 2003.

Services provided to victims

State authorities and NGOs provide medical and psychosocial support and housing and shelter to victims. There is no information on the number of trafficking victims.

Additional information

Thirty-three residential facilities are available for persons in need, including victims of trafficking. By the end of 2006, about 450 persons were sheltered in Mauritius for several reasons, including trafficking, but the exact number of trafficking victims taken care of is unknown.

Rwanda

Institutional framework

The specific offence of trafficking in persons was established in Rwanda in 2003.

Criminal justice response

The Criminal Investigations Department (CID) of the Rwanda Police has a Transnational Organized Crime Unit that handles cases of human trafficking. This unit is composed of four officers and works in close cooperation with the INTERPOL National Central Bureau for Rwanda.

Two men were investigated and prosecuted for trafficking in persons in 2006, but prior to that year, no cases were detected. No convictions for trafficking in persons were recorded during the reporting period up through March 2007.

Services provided to victims

State authorities provide legal protection to victims of trafficking. NGOs provide medical and psychosocial support and housing and shelter. There is no information on the number of trafficking victims.

Additional information

Two Rwandan men were charged in 2006 with trafficking in persons for the purpose of forced marriage. These men were accused of taking girls under the age of 18 across the border to neighbouring Uganda.

Uganda

Institutional framework

The specific offence of trafficking in persons does not exist in the legislation of Uganda. Draft legislation prepared in 2007 was awaiting presentation to parliament in 2008. During the reporting period, the offences of "child stealing", "child abduction" and "child kidnapping" were used to prosecute some forms of trafficking in children.

Criminal justice response

The draft Trafficking in Persons Act contains clauses in Section 23 providing for the creation of a specialized law enforcement agency for the prohibition of trafficking in persons.

Because of the absence of a specific provision on human trafficking, no prosecutions or convictions were recorded for trafficking in persons during the reporting period.

Fig. 53: Cases prosecuted for "child stealing" and other related offences in Uganda (2006-2007)

Fig. 54: Persons convicted of "child stealing" and other related offences in Uganda (2006-2007)


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Source: Ugandan Police Annual Crime Report

Source: Ugandan Police Annual Crime Report

Services provided to victims

State authorities provide legal protection to persons in need, including victims of human trafficking. NGOs provide housing and shelter. Victims of child stealing and related offences were identified by the criminal justice system.

Fig. 55: Identified victims of "child stealing" and other related offences in Uganda (2006-2007)


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Source: Ugandan Police Annual Crime Report

The following chart shows victims sheltered by the Women and Youth Services (WAYS), the Slum Aid Project (SAP) and persons assisted by IOM. They include only victims located in the city of Kampala and its urban environs.

Fig. 56: Victims of trafficking in persons and related offences in Kampala (2004-2007)


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Sources: Women and Youth Services (WAYS) and the Slum Aid Project (SAP)

Additional information

The majority of the victims sheltered by both the Women and Youth Services (WAYS) and the Slum Aid Project (SAP) were subject to commercial (and child) sexual exploitation. In addition, victims sheltered by WAYS also were victims of child domestic labour, and some were found to have run away from or were rescued from slave-like working conditions.

During 2006-2007, IOM-Uganda provided voluntary return and reintegration assistance to 115 Congolese victims of trafficking to the Democratic Republic Congo from Northern Uganda where they were stranded. Seventy-nine additional Congolese women and children awaited repatriation before the end of 2007. Four other trafficking victims were assisted by IOM in returning to Uganda from Europe.

The United Republic of Tanzania

Institutional framework

The specific offence of trafficking in persons was established in Tanzania in July 2008.

Criminal justice response

Because of the absence of a specific provision on human trafficking, no prosecutions or convictions were recorded for trafficking in persons during the reporting period.

Services provided to victims

State authorities, NGOs and international organizations provide legal protection, medical and psychosocial support, and housing and shelter to persons in need, including victims of trafficking.

Additional information

By the end of 2007, about 250 persons were sheltered in Tanzania for several reasons, including trafficking. The exact number of trafficking victims taken care of is unknown.

Southern Africa

The following countries are covered in this section: Angola, Botswana, the Democratic Republic of the Congo, Lesotho, Malawi, Mozambique, Namibia, South Africa, Swaziland, Zambia and Zimbabwe.

Any missing information concerning the region was either unavailable or not accessed by UNODC.

Angola

Institutional framework

Angola does not have a specific provision criminalizing human trafficking. The General Labour Law prohibits compulsory work and includes provisions on the prohibition of forced labour.

Criminal justice response

The country has an inter-ministerial committee to combat child labour.

Because of the absence of a specific provision on human trafficking, no prosecutions or convictions were recorded for trafficking in persons during the reporting period.

Services provided to victims

NGOs and international organizations provide legal protections, medical assistance, and housing and shelter for persons in need, including trafficking victims.

One victim trafficked for sexual exploitation was repatriated by IOM from South Africa in 2005.

Additional information

According to the Southern African Police Chiefs Organization (SARPCCO), no cases of trafficking in persons were detected in Angola in the past few years.

Botswana

Institutional framework

Botswana does not have a specific provision criminalizing human trafficking. The Botswana Penal Code of 1964 prohibits abduction, kidnapping, slave trafficking and the buying of women and girls for commercial sex.

Criminal justice response

Because of the absence of a specific provision on human trafficking, no prosecutions or convictions were recorded for trafficking in persons during the reporting period.

Services provided to victims

There is no information on services provided to victims of trafficking.

Additional information

There are two shelters for abused women and children, including trafficking victims.

Democratic Republic of the Congo

Institutional framework

The Democratic Republic of the Congo does not have a specific provision criminalizing human trafficking. The sexual violence statute prohibits child and forced prostitution, pimping and sexual exploitation. The new constitution forbids child soldiering.

Criminal justice response

Because of the absence of a specific provision on human trafficking, no prosecutions or convictions were recorded for trafficking in persons during the reporting period.

Arrests and convictions related to trafficking in persons were recorded for "unlawful recruitment of child soldiers" and for war crimes and crimes against humanity in connection with the recruitment of child soldiers and sexual slavery. In the latter case, these episodes are under the jurisdiction of the International Criminal Court.

Services provided to victims

NGOs and international organizations provide legal protection and medical assistance for trafficking victims. The Ministry of Social Affairs supports local NGO efforts to combat trafficking in persons.

Lesotho

Institutional framework

Lesotho does not have a specific provision criminalizing human trafficking. The provisions of the Child Protection and Welfare Bill of 2004 deal with the protection of children in cases such as abduction, child stealing and sexual abuse. The Sexual Offences Act No. 29 of 2003 and the provisions of the Labour Code Order No. 24 of 1992 might be applied to prosecute some forms of trafficking for sexual exploitation and forced labour.

Criminal justice response

The Child and Gender Protection Unit (CGPU) was established by the Lesotho Mounted Police in November 2002. Currently, the CGPU has an office in each of the 11 police districts in Lesotho; three officers (male and female) are assigned to each office. Cases of trafficking of women and children fall within the jurisdiction of this unit.

Because of the absence of a specific provision on human trafficking, no prosecutions or convictions were recorded for trafficking in persons during the reporting period. Three convictions were recorded in 2005 for sexual exploitation and one conviction in 2004 for child stealing.

Services provided to victims

Local NGOs provide medical assistance and housing services for trafficking victims. The Child and Gender Protection Unit (Lesotho Royal Mounted Police) have trained staff providing psychosocial care and support and play therapy for children who have been sexually abused, as well as for other victims of abuse.

Malawi

Institutional framework

Malawi does not have a specific provision criminalizing human trafficking. Some provisions of the criminal code, such as abduction, procuring, maintaining a brothel, forced labour and slavery, might be used to prosecute some forms of trafficking for sexual exploitation and forced labour. The Child Care, Protection and Justice Bill, vhich defines child trafficking and sets a penalty of life imprisonment for traffickers, has been drafted and was awaiting approval in June 2008 by the competent authorities.

Criminal justice response

Authorities report that about 400 child protection officers have been appointed to monitor trafficking and child labour. A Victim Support Unit established within the police deals with abuse cases in general, including trafficking in persons.

Because of the absence of a specific provision on human trafficking, no prosecutions or convictions were recorded for trafficking in persons. Authorities reported about 10 convictions for forced child labour between 2004 and 2007. In these cases, the convicted offenders were citizens of Malawi and Zambia. Additionally, six Malawian citizens were arrested for organ removal in 2006.

Services provided to victims

State authorities provide legal protection and medical assistance for abused persons, including trafficking victims. Local NGOs and international organizations provide legal protection, medical assistance, housing, and rehabilitation and reintegration services for abused and exploited children.

For the 10 convictions reported above for forced child labour between 2004 and 2007, the victims were all from Malawi and were exploited in Malawi or in neighbouring Zambia. One case was reported of a Zimbabwean child exploited in Malawi. One Malawian woman, who was a victim of trafficking, was repatriated from Europe in 2006.

Children have been detected as victims of organ removal for the purpose of performing rituals.

Mozambique

Institutional framework

Mozambique adopted specific legislation on trafficking in persons in April 2008. Before that, provisions in the criminal code concerning the violation of labour laws, abduction or kidnapping were used to prosecute some forms of trafficking in persons. A National Action Plan for Children, which considers many forms of child abuse, was adopted by the Social Welfare Ministry.

Criminal justice response

Child Protection Units were established in a few police stations by the Association of Defenders of Child Rights (ADDC). The commonly known 'gabinetes de atendimento' are help desks stationed in most police stations where victims of trafficking and domestic violence can report their cases and get assistance. There are currently 184 gabinetes de atendimento.

According to the Ministry of the Interior and the police, there were no official records of cases of trafficking in persons during the reporting period.

Services provided to victims

Local NGOs and international organizations provide legal protection, medical and psychosocial assistance, housing services, repatriation and reunification with families.

Four adult women were identified by State authorities as victims of trafficking in 2005, two in 2006 and one in 2007. All were citizens of Mozambique sheltered and repatriated by IOM - six were repatriated from South Africa and one from Zimbabwe - and all were victims of sexual exploitation and forced labour, with three women trafficked for forced labour, two for sexual exploitation, and the other six exposed to a mixed form of sexual and labour exploitation. Two children were repatriated from South Africa to Mozambique as victims of trafficking for forced labour.

Namibia

Institutional framework

Namibia does not have a specific provision criminalizing human trafficking. Kidnapping, child labour, enticing a woman to a brothel for the purpose of prostitution and other offences can be used to prosecute some forms of trafficking in persons. The Child Care and Protection Act is awaiting adoption and contains specific references to child trafficking. A draft Action Programme on the Elimination of Child Labour in Namibia, which includes proposed strategies against child trafficking, is expected to be adopted by the Ministry of Labour and Social Welfare in 2008.

Criminal justice response

The Women and Children Protection Police Unit is trained to assist victims of sexual assault. Fifteen officers are part of this unit, which was established in 2000. Because of the absence of a specific provision on human trafficking, no prosecutions or convictions were recorded for trafficking in persons during the reporting period.

Services provided to victims

Local NGOs provide legal protection and medical and psychosocial assistance to persons in need and victims of abuses, including victims of trafficking in persons. There have been no (official) reports of people being trafficked to, from or within the country.

South Africa

Institutional framework

South Africa established specific offences to criminalize trafficking for sexual exploitation and child trafficking for a wide range of purposes. The Criminal Law (Sexual Offences and Related Matters) Amendment Act 2007 (Act No. 32 of 2007) serves as the basis to fight the trafficking of persons for purposes of sexual exploitation, while the Children's Act 2005 (Act No. 38 of 2005) can be used to prosecute cases of child trafficking. In addition, the South African Constitution of 1996 prohibits slavery, servitude and bonded labour. Comprehensive legislation based on the UN Trafficking Protocol has been drafted and is due to be passed by parliament in 2009.

Criminal justice response

A Trafficking Desk was established within the Organized Crime Unit of the South African Police Services. The Sexual Offences and Community Affairs Unit belonging to the National Prosecution Service (NPS) deals with the prevention of sexual offences through effective prosecutions.

Due to the absence of legislation covering the reporting period, no prosecutions and convictions were recorded up to 2007.

Services provided to victims

State authorities provide legal protection, temporary stay permits, medical and psychosocial support, housing and shelter for victims of trafficking in persons. NGOs and international organizations also offer legal protection, medical and psychosocial support, and housing and shelter. IOM provides assisted voluntary return and reintegration services.

Fig. 57: Victims of trafficking in persons sheltered by IOM in South Africa, by age and gender (2004-2006)

Fig. 58: Victims of trafficking in persons sheltered by IOM in South Africa, by form of exploitation (2005-2006)


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Source: IOM's Counter Trafficking Programme - SACTAP

Source: IOM's Counter Trafficking Programme -SACTAP

Fig. 59: Victims of trafficking in persons sheltered by IOM in South Africa,
by country of citizenship (2005-2006)


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Source: IOM's Counter Trafficking Programme - SACTAP

Additional information

Three South African victims were repatriated from Zimbabwe and the Middle East. Although police and NGOs generally refer cases of trafficking to IOM, which is the only institution collecting data on victims of trafficking in persons in South Africa, not all cases of trafficking brought to the attention of the police are referred to IOM.

About 12 shelters in 2006 were managed by IOM in a cooperative agreement with the Southern African Counter-Trafficking Assistance Programme (SACTAP). These shelters did not exclusively house victims of trafficking but also cared for victims of domestic violence and destitute women and children.

Swaziland

Institutional framework

Swaziland does not have a specific provision on human trafficking. A draft law, the Sexual Offences and Domestic Violence Bill, which would specifically criminalize sex trafficking and mandate psychological services for victims, was due to be presented to Parliament in 2007 but was still pending as of mid-2008.

Criminal justice response

The Royal Swaziland Police Service has a Domestic Violence, Child Protection and Sexual Offences Unit dealing, inter alia, with trafficking cases. Because of the absence of a specific provision on human trafficking, no prosecutions or convictions were recorded for trafficking in persons.

Services provided to victims

There are no referral mechanisms for victims of trafficking in Swaziland or any other specific services provided by the State, NGOs or international organizations.

Zambia

Institutional framework

Zambia has had some provisions in place on child trafficking and human trafficking since 2005, although trafficking is not specifically defined in law.

Criminal justice response

The Task Force on Human Trafficking, chaired by the Ministry of Home Affairs, was established within the Police Victims Support Unit (VSU). The VSU's mandate is to offer victim support in cases relating to sexual violence, property grabbing and trafficking in persons and to offer legal advice to victims. Additionally, the Child Labour Unit, working under the Ministry of Labour, is composed of 50 officers and monitors the worst forms of child labour, including girls forced into prostitution.

One woman was prosecuted in 2005 and two men in 2006 for trafficking in persons. No convictions were recorded prior to 2006. However, one conviction was recorded in 2005 for an episode of trafficking prosecuted through immigration offences.

Services provided to victims

State authorities provide legal protection for victims of trafficking in persons. Additionally, the State supports NGOs and international organizations in providing medical and psychosocial support, and housing and shelter for victims of trafficking in persons.

Fig. 60: Victims of trafficking in persons sheltered in Zambia, by age and gender (2004-2006)

Fig. 61: Victims of trafficking in persons sheltered in Zambia, by country of citizenship (2005-2006)


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Sources: IOM-Zambia and MAPODE

Sources: IOM-Zambia and MAPODE

Additional information

The victims reported above refer to those sheltered by IOM plus victims sheltered by MAPODE. The five Zambian victims were repatriated by IOM from Angola in 2006. In 2007, two Afghani boys were returned to Afghanistan from Zambia; they were intercepted in the process of being trafficked to Europe.

Zimbabwe

Institutional framework

Zimbabwe does not have a specific provision on human trafficking. The Zimbabwean Criminal Code criminalizes sexual exploitation.

Criminal justice response

Because of the absence of a specific provision on human trafficking, no prosecutions or convictions were recorded for trafficking in persons. One Zimbabwean citizen was convicted of sexual exploitation in 2006.

Services provided to victims

NGOs and international organizations provide medical and psychosocial support and housing and shelter for victims of trafficking in persons. IOM also offers business training and income generating projects. In the last few years, victims have been sheltered by IOM and repatriated from neighbouring countries.

North America

The countries covered in this section are Canada, Mexico and the United States of America.

Any missing information concerning the region was either not available or not accessed by UNODC.

Canada

Institutional Framework

Canada's first law that, specifically criminalized trafficking in persons was enacted in 2002 and focused on trans national trafficking. Additional amendments were made to the Criminal Code of Canada in 2005, creating three additional specific offences to cover all forms of trafficking for any exploitative purpose.

Criminal justice response

Canada's national police force, the Royal Canadian Mounted Police (RCMP), established a Human Trafficking National Coordination Centre (HTNCC) within its Immigration and Passport Branch. Six regional RCMP Immigration and Passport Sections employ approximately 160 officers who are mandated to investigate immigration and human trafficking offences under the Immigration and Refugee Protection Act and/or under the criminal code. In addition, there are approximately 64.000 municipal, provincial and federal police officers across Canada, all of whom have the responsibility to enforce the criminal laws in Canada that may include human trafficking investigations.

Four men were brought into initial formal contact with the police for trafficking in persons in 2006, while there were no such cases in 2005. There were no prosecutions or convictions under the specific trafficking in persons offences under the criminal code in 2003-2006, though it should be noted that the trafficking in persons ofiences in the criminal code only came into force in November 2005. Between March 2007 and February 2008, a minimum of 13 charges were laid involving cases of alleged trafficking for sexual exploitation. Additionally, a minimum of four charges were laid for the withholding or destroying of documents for committing or facilitating the commission of trafficking in persons. These cases involve adult and child victims originating from both outside and within Canada.

In addition to the specific trafficking in persons offences, trafficking activities may still be prosecuted under other criminal code offences that address trafficking-related conduct. Authorities report that from March 2004 to February 2005 there were 19 trafficking-related convictions under various criminal code offences, with sentences ranging to up to nine and a half years in prison. Between March 2005 and February 2006, there were six trafficking-related convictions under various criminal code offences, and sentences were imposed in all cases. Between Match 2006 and February 2007, there were five trafficking-related convictions under various criminal code offences, and sentences were imposed in all cases.

These cases reflect the minimum number of trafficking-related cases prosecuted during the reporting period, as many court decisions were unreported. Similarly, it should be noted that not all human trafficking investigations undertaken by police agencies are reported for the purpose of national statistic.

Services provided to victims

The federal government provides temporary immigration status and work permits for up to 180 days, as well as medical and psychosocial support to suspected foreign national victims of trafficking in Canada. Longer-term immigration status is available for up to three years when circumstances warrant. Trafficked foreign national victims can also access existing permanent resident avenues. Canada's provinces and territories administer legal aid and social services such as emergency financial assistance and housing to those trafficking victims in need. NGOs also offer support and shelter to trafficking victims, whether or not they are foreign nationals.

Four victims were identified by the police (three females and one of unknown gender) in 2006. While Citizenship and Immigration Canada (CIC) does not have data available on identified victims before 2006, two foreign nationals were issued temporary resident permits in 2006. Furthermore, since May 2006, 26 temporary resident permits were issued to 18 victims of human trafficking (inclusive of these two foreign nationals). These numbers include subsequent permits issued to the same victim in order to maintain legal status in Canada.

Additional information

An Inter-Departmental Working Group on Trafficking in Persons (IWGTIP) brings together 17 federal departments and agencies, and coordinates and strengthens federal responses to human trafficking, including through collaboration with the provinces and territories.

Asia, in particular the Mekong sub-region, and parts of Africa and Eastern Europe tend to be the primary source regions for victims trafficked to Canada. Overall, numbers for victims of domestic trafficking are unavailable.

Mexico

Institutional framework

Mexico adopted the law to Prevent and Punish Trafficking in Persons in November 2007. The law criminalizes all aspects of trafficking as listed in Article 3 of the UN Trafficking Protocol. Prior to 2007, only provisions criminalizing child trafficking were in place, while some forms of trafficking in persons were prosecuted under other offences, such as pandering.

The new anti-trafficking law also provides assistance and services for victimes and formalizes a federal interagency commission, which has statutory authority to request funds to implement the new law and a national program to prevent trafficking in persons. The Ministry of Interior was appointed head of the interagency commission.

Mexico is a federal republic with 31 states and a federal district. Each state has its own constitution and justice system that handles trafficking issues, trafficking in persons falls under federal jurisdiction only when three or more individuals are involved, when the criminal act is repeated or when it is of an international nature.

As of May 2008, five states (Chihuahua, Guerrero, Zacarccas, Sonora, and the State of Mexico) had laws criminalizing trafficking in persons in line with the definition in the UN Trafficking Protocol: 14 states adopted laws against human trafficking that relate only to prostitution or are otherwise not fully in line with the Protocol; four states have reforms of their penal codes related to trafficking pending; and eight states do not have any form of anti-trafficking laws.

Criminal justice response

The Office of the General Prosecutor of the Republic (PGR) established the Federal Special Prosecutor for Crimes of Violence against Women and Trafficking of Persons (FEVIM-TRA) in January 2008.

There were no records of prosecutions or convictions of human trafficking cases as of May 2008 because of the lack of comprehensive anti-trafficking legislation in place prior to November 2007. Between January and May 2008, investigations against four offenders (three males and one female from Mexico and other Central American countries) were conducted.

Chihuahua is the only Mexican state that, as of May 2008, had reported investigations and prosecutions of human trafficking cases during 2007 (there were no prosecutions between 2003 and 2006). Fifteen cases have been reported from 2007 until this date due to the entrance into force of the law on human trafficking, which was enacted on January 1st, 2007, in Chihuahua State. In that sense, nine cases were registered in 2007, and six in 2008. Chihuahua is also in the process of establishing a specialized police unit comprised of 15 law enforcement officials to investigate cases of trafficking in persons.

Services provided to victims

State authorities provide legal assistance, temporary stay permits and shelter to victims of human trafficking. Several NGOs and international organizations also offer medical and psychosocial support and housing and shelter.

The National Migration Institute (INM) has undertaken action to raise awareness, prevent and combat human trafficking under its authority, specifically related to foreigners who are in national territory, even if they are undocumented.

The INM authorizes the issuance of renewable one-year humanitarian visas to victims who assist in the prosecution of their traffickers. For those cases in which the victims and possible victims wish to be repatriated to their countries of origin, the INM contacts international organizations like the IOM, as well as NGOs, to assure the victims' safe return and social reintegration.

Fig. 62: Victims of trafficking identified by the National Institute of Migration in Mexico (2005-2007)

Fig. 63: Victims of trafficking identified by the National Institute of Migration in Mexico, by country of citizenship (2005-2007)


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Source: National Institute of Migration

Source: National Institute of Migration

Additional information

IOM identified six girls and six women as victims of trafficking in persons in 2006; seven were victims of sexual exploitation, three were victims of forced labour and one was a victim of servitude. Five victims were Honduran citizens, five were from other Central American countries and two were from South America.

IOM also sheltered two girls in 2005 and eight females, five of whom were girls, in 2006. Of these 10 victims, nine were victims of sexual exploitation and one was a victim of forced labour. The National Institute of Migration stated that 74% of the 21 victims reported from 2005 to 2007 were victims trafficked for the purpose of sexual exploitation and 26% were victims trafficked for labour exploitation.

The Department for Integral Development of the Family (DIF) has shelters for minors that also are available for victims of human trafficking, and FEVIMTRA is in the process of building shelters that also can be used by victims of trafficking in Mexico City, Chiapas and Chihuahua. There is no official referral mechanism in place, but if the victim is a foreigner, the National Institute for Migration refers the victim to an NGO to receive shelter and assistance. IOM provides assistance in the repatriation and reintegration of victims of trafficking.

United States of America

Institutional framework

The Trafficking Victims Protection Act (TVPA), adopted in 2000 and subsequently amended in 2003 and 2005, is the legislative framework criminalizing trafficking in persons in the USA.

Criminal justice response

Several federal agencies conduct inventigations on trafficking in persons, bur the majority of cases are handled by the Federal Bureau of Investigation (FBI) and by the U.S. Department of Homeland Security's Immigration and Customs Enforcement (ICE). The FBI has assigned specialized officers to a human trafficking initiative since 2005, and the FBI Crimes against Children Unit's Innocence Lost National Initiative has dealt with trafficking in persons issues since 2003. The Human Smuggling and Trafficking Center was established in 2004 as an interagency fusion centre and information clearing-house that turns intelligence into action in the three interrelated areas of human smuggling, trafficking and criminal support of clandestine Terrorist travel. The U.S. Department of Labour enforcement is responsible for enforcing some of the most comprehensive labour laws.

The following charts lists the number of defendants charged and convicted of trafficking offences and offences under rhe TVPA.

Fig. 64: Persons charged under all trafficking offences in the USA (FY2003 to FY-2007)

Fig. 65: Persons convicted under all trafficking offences in the USA (FY-2003 to FY-2007)


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Source: Assessment of U.S. Government Efforts to Combat Trafficking in Persons in Fiscal Year 2007

Source: Assessment of U.S. Government Efforts to Combat Trafficking in Persons in Fiscal Year 2007

Fig. 66: Persons convicted under all trafficking offences in the USA,
by form of exploitation (FY-2005 to FY-2007)


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Source: Assessment of U.S. Government Efforts to Combat Trafficking in Persons in Fiscal Year 2007

Services provided to victims

State authorities provide legal protection and temporary stay permits for trafficking victims. State authorities and NGOs also offer medical and psychosocial support and housing and shelter.

There is no aggregate data available on the identified victims of human trafficking for the whole country because the responsibility for identifying victims is spread among multiple agencies. However, the Department of Health and Services records the "certification" of adult victims of trafficking in persons, while child victims can receive "letters of eligibility".

Fig. 67: Certification and eligibility letters granted to trafficking victims in the USA, by age (FY-2003 to FY-2007)

Fig. 68: Certification and eligibility letters granted to trafficking victims in the USA, the top five countries of origin (FY-2007)


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Source: Assessment of U.S. Government Efforts to Combat Trafficking in Persons in Fiscal Year 2007

Source: Assessment of U.S. Government Efforts to Combat Trafficking in Persons in Fiscal Year 2007

Additional information

In 2006 certified victims originated mainly from Latin America and the Caribbean (62%), Africa, Asia, Europe and the Pacific Islands. In 2007 certified victims originated mainly from Latin America and the Caribbean (41%), Asia (41%), Europe and the Pacific Islands.

The charts above refer to "fiscal years" (FY). The fiscal year indicates the 12 months from October to September of the following solar year.

Central America and the Caribbean

The following Central American countries are covered in this section: Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama. Caribbean countries covered in this section are: Barbados, the Dominican Republic, Haiti, Saint Lucia, Saint Vincent and the Grenadines, and Trinidad and Tobago.

Any missing information concerning the region was either unavailable or not accessed by UNODC.

Costa Rica

Institutional framework

Costa Rica has specific provisions on trafficking in persons in its penal code. These provisions have criminalized the international trafficking in women and children for the purpose of sexual exploitation since 1970 and trafficking in minors since 1999. A national action plan against trafficking in minors was adopted in 2005, and a more comprehensive national action plan against trafficking in persons is planned for adoption in 2008.

Criminal justice response

There are three offices within the General Prosecutor's Office that may handle trafficking in persons crimes: the Office for Juvenile Crime and the Office for Attention to Victims of Crime, which cover the whole country, and the Office for Sexual Crimes and Domestic Violence, which only covers the capital of San Jose.

There is no information on convictions for trafficking in persons offences for 2003-2005, but in 2006, a total of four males and two females were convicted for trafficking in minors for the purpose of illegal adoption.

Services provided to victims

State authorities and NGOs provide legal assistance and medical and psychosocial support to victims of human trafficking. Several NGOs offer shelter to girls and women who are victims of domestic violence or commercial sexual exploitation, including victims of trafficking, but there are no specific shelters for victims of human trafficking.

Additional information

IOM adopted a protocol for the repatriation of children and adolescents into the country to support the organization's return and reintegration programmes for victims of human trafficking.

There is a national 911 hotline for victims of violence, including victims of human trafficking, and a referral mechanism for potential victims identified through the hotline.

Fig. 69: Persons prosecuted for trafficking in persons in Costa Rica, by gender (2004-2006)


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Source: Specialized Unit of Sexual Crimes and Domestic Violence, Adjunct Prosecutor's Office of Juvenile Crime

Dominican Republic

Institutional framework

The specific offence of trafficking in persons was established in the Dominican Republic in 2003. A draft national action plan against trafficking in persons is planned for adoption by the end of 2008.

Criminal justice response

A Human Trafficking Division within the national police was established in January 2008 to investi-gate cases of human trafficking. The division had nine officers dealing with document falsification and illegal migration. In addition, the Anti-Trafficking Unit of the Attorney General's office is tasked with investigating and prosecuting human trafficking and related crimes.

There are no systematic criminal justice statistics on human trafficking prior to 2007. Between January 2007 and April 2008, the Human Trafficking Division investigated five cases of trafficking in persons: two of these cases involved the alleged trafficking of Dominican women to Europe; one case involved allegations of the trafficking of a Dominican woman to Central America; one case involved the trafficking of two adult males to Central America for labour exploitation; and one case involved the trafficking of a man to a Europe.

Fig. 70: Persons convicted of trafficking in persons in the Dominican Republic, by gender (2005-2007)


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Source: Department of Judicial Statistics of the Supreme Court

Services provided to victims

State authorities, in cooperation with NGOs, provide legal assistance, medical and psychosocial support, and housing and shelter for victims of human trafficking.

Fig. 71: Adult victims of trafficking referred to COIN in the Dominican Republic, by gender (January 2003-April 2008)

Fig. 72: Adult victims of trafficking referred to COIN in the Dominican Republic, by type of exploitation (January 2003-April 2008)


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Source: Centre of Orientation and Integral Investigation (COIN)

Source: Centre of Orientation and Integral Investigation (COIN)

Fig. 73: Adult victims of trafficking referred to COIN in the Dominican Republic, by country of citizenship (January 2003-April 2008)

Fig. 74: Child victims of trafficking referred to CONANI in the Dominican Republic, by type of exploitation (2006-2007)


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Source: Centre of Orientation and Integral Investigation (COIN)

Source: Council for the Child and Adolescent (CONANI)

Additional information

There is no official referral system, but the police and the Prosecutor's Office refer adult victims of sexual exploitation, including victims of trafficking, to the Centre of Orientation and Integral Investigation (COIN). COIN manages a protection centre for trafficking victims providing a number of services, including reintegration and finding housing in various shelters for female victims.

Of the 260 adult Dominican victims of human trafficking identified between 2003 and April 2008, 85 were officially returned from Argentina with the help of IOM. The others were returned from a number of countries in the Caribbean, South America and Europe.

Child victims of trafficking are referred to the Council for the Child and Adolescent (CONANI), which administers seven temporary shelters for minors at risk. Minors who are victims of trafficking are registered by CONANI as victims of sexual and labour exploitation and not human trafficking, although all of these cases, according to the organization, are cases of trafficking in persons. All minors identified as victims of trafficking in persons in 2006 and 2007 were citizens of the Dominican Republic.

The nine persons convicted of trafficking in persons offences in 2007 were all citizens of the Dominican Republic.

East Caribbean

Institutional framework

This section covers information on Barbados, Saint Lucia, Saint Vincent and the Grenadines, and Trinidad and Tobago. During the reporting period, none of the countries covered in this sub-region had a specific offence of trafficking in persons as part of their criminal codes. These countries might have other criminal offences, such as sexual exploitation, forced labour or slavery, that could be applied in prosecuting cases of trafficking in persons. None of these East Caribbean countries has adopted a national action plan against trafficking in persons.

Criminal justice response

None of the East Caribbean countries in this section had a specialized unit devoted to trafficking in persons during the 2003-2007 period. The national police of Saint Lucia established a Vulnerable Persons Unit, consisting of 12 full-time officers with the mandate to investigare cases of trafficking in minors, among other things.

Due to the absence of specific laws on trafficking in persons during the reporting period, no cases were prosecuted and no convictions were recorded in these countries.

Two persons in Barbados were prosecuted for offences related to human trafficking. One person in 2005 was prosecuted and convicted under the Immigration Act and ordered to pay a fine for bringing in Indian construction workers without work permits. In 2007, one person was prosecuted under the Sexual Offences Act for bringing in two Ukrainian women and forcing them into prostitution. However, this case was dismissed for lack of evidence.

Services provided to victims

No country in the sub-region provides temporary stay permits for victims. Legal protection is provided by State authorities and NGOs in Saint Vincent and the Grenadines, and medical and psychosocial support is provided by authorities in Barbados and Saint Vincent and the Grenadines and by NGOs in Barbados. Housing and shelter for victims of trafficking is provided by State authorities and NGOs in Barbados and by NGOs in Trinidad and Tobago. There are no specific shelters to house victims of trafficking in the sub-region, but State authorities and NGOs can provide or find short-term shelters, if necessary.

Despite the absence of specific laws on trafficking in persons, governments reported identifying and assisting suspected victims of human trafficking:

Barbados first identified two adult women from Guyana as victims of sexual exploitation in 2004; one minor girl from Guyana was found to be a victim of sexual exploitation in 2005; and in 2007, two adult females from Ukraine were registered as victims of sexual exploitation.

Between 2003 and 2007, Saint Lucia Identified two cases of suspected victims trafficked for domestic servitude.

In Saint Vincent and the Grenadines, no victims of human trafficking were identified until the first half of 2008 when one Haitian man was identified as a suspected victim of trafficking.

Trinidad and Tobago identified one adult female victim in 2007 and seven more females (five adults and two minors) up until May 2006. All victims were Colombian citizens found to be victims of sexual exploitation, and all were sheltered by the NGO the Living Waters Community.

El Salvador

Institutional framework

The specific offence of trafficking in persons was established in El Salvador in 2004. The law criminalizes all forms of human trafficking as listed in Article 3 of the UN Trafficking Protocol and also includes trafficking for fraudulent adoptions and forced marriages. A new law on trafficking in persons was being drafted for submission to the National Assembly. A national plan of action for 2008-2013 is expected to be adopted by the end of 2008.

Criminal justice response

The National Civil Police has had a specific Department of Trafficking in Persons within its Border Division since 2004, with 19 officers devoted full time to this department in 2007. The Unit on Smuggling and Trafficking in Persons at the Attorney General's Office was established in 2004, and in 2007, the unit was made up of four prosecutors and 10 specialized and administrative staff.

The first convictions for trafficking in persons were registered in 2006 when four citizens of El Salvador were convicted for trafficking for sexual exploitation. One adult male was convicted in 2007 for the offence of trafficking for sexual exploitation. All sentences ranged between five and 10 years in prison.

Fig. 75: Persons investigated and arrested for trafficking in persons in El Salvador, by gender (2003-2007)

Fig. 76: Persons prosecuted for trafficking in persons in El Salvador (2006-2007)


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Source: National Police

Source: National Police

Services provided to victims

State authorities in cooperation with NGOs provide legal assistance, medical and psychosocial support, and housing and shelter to victims. IOM provides technical support and assistance for the return and reintegration of trafficking victims.

Fig. 77: Victims of trafficking identified by the national police in El Salvador, by age and gender (2004-2007)

Fig. 78: Victims of trafficking identified by the national police in El Salvador, by country of citizenship (2005-2007)


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Source: National Police

Source: National Police

Fig. 79: Victims of trafficking sheltered by relevant institutions in El Salvador, by age and gender (2006-2007)

Fig. 80: Victims of trafficking sheltered by relevant institutions in El Salvador, by type of exploitation (2006-2007)


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Source: Huellas Foundation

Source: Huellas Foundation

Fig. 81: Victims of trafficking sheltered by relevant institutions in El Salvador,
by country of citizenship (2006-2007)


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Source: Huellas Foundation

Additional information

A shelter for minor victims of trafficking was established in 2006 and is administered by the Salvadoran Institute for the Integral Attention for the Child and Adolescent (INSA) and run by the Huellas Foundation. There is no specific shelter for adult victims of trafficking.

The majority of identified victims of trafficking with Salvadoran citizenship were internally trafficked. Identified victims of other nationalities that were trafficked to El Salvador were repatriated to their countries of origin.

Guatemala

Institutional framework

The specific offence of trafficking in persons was established in Guatemala in 2005. The definition of trafficking in persons in the Guatemalan law does not cover trafficking for the purpose of organ removal. Before 2005, the offences of sexual exploitation, child abduction, corruption of a child and aggravated pimping were used to prosecute some forms of trafficking in persons. Guatemala adopted a National Action Plan against Trafficking in Persons and the Integral Protection of Victims for the period 2007-2017.

Criminal justice response

The National Civil Police has had a specific Anti-trafficking Section within the Division of Criminal Investigations since 2004. In 2007, the Attorney General's office moved responsibility for trafficking in persons offences from the Prosecutor's Office of Women to the Prosecutor's Office of Organized Crime.

Three persons were prosecuted in 2007 for trafficking in persons offences. There were no convictions between 2003 and 2007, but by April 2008, two women and one man were still being prosecuted for trafficking in persons for the purpose of illegal adoption.

Services provided to victims

State authorities in cooperation with NGOs provide legal assistance to victims of human trafficking.

Fig. 82: Persons arrested for trafficking in persons in Guatemala (2006-2006)


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Source: National Civil Police

Additional information

A protocol was established in the country to refer victims of trafficking to NGOs and international organizations for assistance and services. The Secretary of Social Welfare has one shelter that receives Guatemalan minors returned from other countries, some of whom may be victims of trafficking. There are also shelters for migrants and for female victims of violence that may be used for victims of trafficking in persons.

In September 2007, the Ministry of Foreign Affairs established a call centre (hotline) for victims of trafficking. Between September and December 2007, the call centre attended to 42 cases of human trafficking, 14 of which were referred to the national police and other institutions.

Fig. 83: Victims of trafficking identified by State authorities in Guatemala, by age and gender (January 2006-March 2008)

Fig. 84: Victims of trafficking identified by State authorities in Guatemala, by country of citizenship (January 2006-March 2008)


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Source: National Civil Police

Source: National Civil Police

Haiti

Institutional framework

The specific offence of trafficking in persons does not exist in the legislation of Haiti, although a comprehensive anti-trafficking bill was awaiting approval by Parliament in 2008. The offences of sexual exploitation and servitude could be used to prosecute some forms of human trafficking. Haiti does not have a national plan of action against trafficking in persons.

Criminal justice response

The Brigade for Child Protection within the police is in charge of child protection, including child trafficking. The brigade consists of 14 officers.

Very little information and no solid data on trafficking in persons and related crimes were recorded during the reporting period.

Services provided to victims

There is no official system in place to provide assistance services to victims of trafficking. The Group against Child Trade and Trafficking in Persons works as a coordinating mechanism to improve the national response to human trafficking and to provide services to victims of trafficking, but there are no specific shelters for human trafficking victims. International organizations provide emergency support services, legal help, medical and psychosocial assistance, shelter, counselling services, family tracking and support for the return and socio-economic reintegration of child victims of trafficking (i.e., scholarships, micro-credits).

Additional information

In August 2007, the Group against Child Trade and Trafficking in Persons worked on the case of 47 children who were given to an orphanage in Port-au-Prince without the consent of their parents for the purpose of illegal adoption.

Honduras

Institutional framework

The specific offence of trafficking in persons was established in Honduras in 2005, but the definition in this law only covers trafficking for the purpose of sexual exploitation.

Criminal justice response

Honduras has a Specialized Anti-Human Trafficking Police Unit, and four of the six divisions of the national police work on sexual exploitation and trafficking in persons cases. In 2007, a Special Police Unit on Trafficking in Persons was established under the Migratory Police of the Special Services Investigations Unit.

No prosecutions and no convictions for the offence of trafficking in persons were recorded in Honduras between 2003 and 2006. There were four convictions for the sexual exploitation of children; one took place in 2004 and the other three in 2005.

Services provided to victims

State authorities provide legal assistance to minor victims of human trafficking. NGOs provide legal assistance, medical and psychosocial support, housing and physical protection to girl victims. In 2007, 25 girls were identified as victims of trafficking for sexual exploitation and sheltered by the NGO Casa Alianza.

Additional information

An Inter-Institutional Committee against Commercial Sexual Exploitation of Boys, Girls and Adolescents was established in 2002, which addresses trafficking in minors. This coalition is comprised of 54 organizations, conducts trainings on trafficking in persons and works on prevention. The government expects to pass a national action plan against trafficking in persons in 2008 to strengthen inter-institutional collaboration.

Casa Alianza has run a shelter for girl victims of human trafficking since 2003 that has the capacity to assist up to 25 girls at a time.

Nicaragua

Institutional framework

The specific offence of trafficking in persons for prostitution was established in Nicaragua in 2005. In May 2008, amendments to the criminal code expanded the definition of trafficking in persons to include the other forms of exploitation listed in Article 3 of the UN Trafficking Protocol and went even further by also criminalizing trafficking for the purpose of illegal adoption. The first national action plan against trafficking in persons is expected to be passed by the end of 2008.

Criminal justice response

The national police established a specific unit against trafficking in persons in 2005. Six officers were involved full time in this unit in 2007. The Public Prosecutor's Office created two specialized units in 2007 that also cover the crime of trafficking in persons: the Unit on Organized Crime and the Unit on Gender and Violence.

There is no information available on persons convicted for the offence of trafficking in persons.

Fig. 85: Persons arrested for trafficking in persons in Nicaragua, by gender (2005-2007)

Fig. 86: Persons prosecuted for trafficking in persons in Nicaragua (2004-2007)


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Source: National Police

Source: Public Ministry

Services provided to victims

State authorities provide legal assistance, and medical and psychosocial support to victims of human trafficking. NGOs and international organizations offer medical and psychosocial support, protection and reintegration assistance, and temporary shelter for minor victims of trafficking. These groups also provide shelter, housing and repatriation assistance.

Fig. 87: Victims of trafficking identified by State authorities in Nicaragua, by age and gender (2005-2007)

Fig. 88: Victims of trafficking identified by State authorities in Nicaragua, by type of exploitation (2005-2007)


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Source: National Police and Ministry of Family

Source: National Police and Ministry of Family

Fig. 89: Victims of trafficking identified by State authorities in Nicaragua, by country of citizenship (2005-2007)

Fig. 90: Nicaraguan victims returned from other countries, by country of return (2005-2007)


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Source: National Police and Ministry of Family

Source: Ministry of Family

Fig. 91: Victims of trafficking sheltered in Nicaragua,
by age and gender (2003-2007)


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Source: Ministry of Family and Casa Alianza

Additional information

The persons arrested for trafficking in persons in 2007 were all from Nicaragua, with the exception of seven citizens from other Central American countries.

Panama

Institutional framework

The specific offence of trafficking in persons was established in Panama in 2004, but this law only criminalizes trafficking for the purpose of sexual exploitation. A National Plan of Action for the Child and Adolescent 2003-2006 that covers the sexual exploitation of minors was first adopted in 2003. A national action plan defining public policies for victims of human trafficking for the period 2008-2010 was under consideration in 2008 by the National Commission for Crime Prevention.

Criminal justice response

The Sex Crimes Division within the Technical Judicial Police was in charge of sexual crimes, including some forms of trafficking in persons, during the repotting period. The same mandate established the Sex Crimes Unit within the National Commission for Crime Prevention (CONAPREDES) in 2005 under the jurisdiction of the Attorney General's office.

There were no convictions for trafficking in persons in the period 2003-2006. In 2007, two petsons were convicted for trafficking in persons for sexual exploitation.

Fig. 92: Persons prosecuted for trafficking in persons in Panama (2004-2007)


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Source: Attorney General's Office

Services provided to victims

State authorities provide legal protection, temporary stay permits, medical and psychosocial support, housing and shelter for victims of human trafficking. In 2007, 66 children were identified as victims of trafficking in persons for sexual exploitation and sex tourism. No data exist on adult victims of human trafficking in Panama.

Additional information

The Ministry of Social Development (MIDES) has a programme for victims of sexual exploitation and has identified rwo shelters where minor victims of trafficking can be accommodated and assisted. However, through February 2008, no child victim of trafficking had received accommodation in these two shelters.

South America

The following countries art covered in this section: Argentina, Bolivia, Brazil, Chile, Colombia, Ecuador, Paraguay, Peru and the Bolivarian Republic of Venezuela.

Any missing information concerning the region was either unavailable or not accessed by UNODC.

Argentina

Institutional framework

The specific offence of trafficking in persons was established in Argentina in April 2008. Before this law in force, offences such as "facilitation of prostitution" and the act of "reducing someone in a situation of servitude" were used ro prosecute some forms of trafficking in persons. In July 2007, a presidential decree created a Programa National de Prevención y Eradicación de La Trata de Personas y de Assistencia a sus Víctimas, and the Oficina de Asistencia Integral a la Víctima del Delito de la Procuración General de la Nación (OFAVI) adopted a contingency plan against trafficking in persons.

Criminal justice response

The Procuración General de la Nación (Public Prosecutor's Office) in Buenos Aires established a special unit to cover sex crimes, including trafficking in persons, in 2005. Fifteen of the 23 federal provinces have structures in their own public prosecutor's offices to assist victims of trafficking.

Because of the absence of a specific provision on human trafficking, no prosecutions or convictions were recorded for trafficking in persons between 2003 and 2007. In 2005 and the first semester of 2006, 61 cases of reducing someone to a situation analogous to servitude were detected, leading to one conviction.

Services provided to victims

State authorities provide temporary stay permits, medical and psychosocial support, and housing for victims of trafficking. Victims of sexual exploitation have been accepted in shelters for domestic violence or were sheltered in small family hotels in Buenos Aires. In February 2003, one shelter specifically for human trafficking victims opened in the province of Missiones.

Fig. 93: Victims of trafficking in persons identified by various institutions
and assisted by IOM-Programme AVOT in Argentina,
by gender and age (November 2005-2007)

Fig. 94: Victims of trafficking in persons identified by various institutions
and assisted by IOM-Programme AVOT in Argentina,
by form of exploitation (November 2005-2007)


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Source: Programa AVOT (Asistencia a Víctimas de la Trata de Personas), IOM-Buenos Aires

Source: Programa AVOT (Asistencia a Víctimas de la Trata de Personas), IOM-Buenos Aires

Fig. 95: Victims of trafficking in persons identified by various institutions
and assisted by IOM-Programme AVOT in Argentina,
by country of citizenship (November 2005-2007)


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Source: Programa AVOT (Asistencia a Víctimas de la Trata de Personas), IOM-Buenos Aires

Additional information

The victims reported above were identified by OFAVI, which is connected to the Public Prosecutor's Office, as well as other government offices, consulate services of countries of origin and civil society organizations. These institutions have been working in partnership with IOM-Buenos Aires in Programme AVOT (Asistencia a Víctimas de la Trata de Personas).

In addition to those reported above, one Argentine victim of human trafficking was returned from Central America in 2006 and another was returned from South Europe in 2007. Both were assisted by IOM.

Bolivia

Institutional framework

The specific offence of trafficking in persons was established in Bolivia in January 2006. A national action plan was enacted and implemented for 2006-2010.

Criminal justice response

There are specialized units within the Special Forces of La Paz, Cochabamba and Santa Cruz dealing with trafficking in persons and the smuggling of migrants.

Fig. 96: Cases of trafficking in persons investigated
by the National Police in Bolivia (2005-2007)


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Source: Policia Nacional, Dirección Naciona División Trata y Tráfico de Seres Humanos

Services provided to victims

State authorities, NGOs and international organizations provide medical and psychological support and housing and shelter for victims of trafficking in persons.

Additional information

Authorities reported 85 suspected cases of trafficking in persons and 27 cases of possible child trafficking in 2007 in addition to the ones indicated in the charts above. According to the Ministry of Justice, the only official system for victim identification currently in place is the police. Victims identified by State authorities and represented in the chart above as having suffered mixed exploitation were subjected to sexual exploitation and domestic servitude.

Fig. 97: Victims of trafficking in persons identified by State authorities in Bolivia, by age (2004-2007)

Fig. 98: Victims of trafficking in persons identified by State authorities in Bolivia, by type of exploitation (2005-2006)


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Source: SEDEGES (Servicio Departamental de Gestión Social)

Source: SEDEGES (Servicio Departamental de Gestión Social)

The only shelter available for trafficking victims, the Centro de Terapia de Mujeres, is located in La Paz. This shelter is primarily designed to assist adolescent victims of violence between the ages of 12 and 18, but it also has been used to shelter female (women and girls) victims of trafficking.

Brazil

Institutional framework

Brazil has specific provisions criminalizing trafficking in persons in its penal code. These provisions were last reformed in 2005 when the offence of international trafficking (Article 231) was supplemented by the offence of internal trafficking (Article 231-A) - both articles refer only to sexual exploitation. Article 149 of the penal code criminalizes "reducing someone to a situation analogous to slavery", including trafficking in persons cases.

Within the legislative frame of its labour law, Brazil developed a Labour Justice System with its own specific body of public prosecutors and judges enforcing labour legislation. The Labour Justice System has also developed its own set ot sanctions that include fines and other administrative measures but not detention.

Brazil has had a National Policy on Trafficking in Persons in place since 2006 and a National Plan of Action for 2008-2010 that entered into force in January 2008. Some federal states, like Pernambuco, Sao Paulo, Ceara and Bahia as well as some larger municipalities, have started drafting local plans of action against human trafficking that mirror the national documents.

Criminal justice response

Brazil has a federal criminal justice system with several law enforcement and judicial structures (federal, state, labour, children and adolescents) in place that deal with trafficking within their respective areas. For instance, the Federal Police investigate international trafficking as well as internal trafficking when it involves more than one state. Within the Federal Police, the Central Division of Human Rights is the specialized body for investigations regarding crimes against human rights, including human trafficking. The Federal Road Police Patrol has a dedicated unit focused on human trafficking cases occurring on the roads.

All convictions for trafficking in persons offences refer to sexual exploitation. All those convicted under these offences from 2004 to February 2007 were Brazilians, with the exception of six Europeans. Of the cases investigated under the slave labour offence, a total of 11 were prosecuted by the federal court with no convictions.

Fig. 99: Cases of trafficking in persons investigated
by the Federal Police in Brazil (2003-2007)

Fig. 100: Cases of trafficking in persons prosecuted
as a result of Federal Police investigations in Brazil (2003-2007)


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Source: Federal Police databank

Source: Federal Police databank

Fig. 101: Cases of trafficking in persons investigated
by State Police in Brazil (2003-2007)

Fig. 102: Cases of trafficking in persons prosecuted
as a result of State Police investigations in Brazil (2003-2007)


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Source: International Labour Office - Estudo Proteger e Responsabilizar

Source: International Labour Office - Estudo Proteger e Responsabilizar

Fig. 103: Persons convicted in federal and state courts of trafficking in persons in Brazil, by gender (2004-February 2008)

Fig. 104: Sanctions imposed by federal and state courts for trafficking in persons in Brazil


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Sources: Federal Police databank, Justiça federal, local courts

Sources: Federal Police databank, Justica federal, local courts

Fig. 105: Cases of slave labour (Article 149 of the penal code)
investigated by Federal Police in Brazil (2003-2007)


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Sources: Federal Police databank

Services provided to victims

State authorities and local NGOs provide legal protection, medical and psychosocial support, and housing and shelter for victims of human trafficking. International organizations financially support specific shelters in the country, but they do not provide these services directly. In 2008, the text of a new Foreigners' Statute to enable the concession of visas to trafficking victims was under consideration by Congress.

Fig. 106: Victims of trafficking in persons identified by federal and statecourts in Brazil during criminal proceedings,
by age (2004-2007)


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Sources: Federal and state courts

Additional information

All victims of trafficking identified and reported above were citizens of Brazil.

In the context of the Labour Justice System, the Federal Mobile Group targets slave labour according to the labour legislation. This group was formed in 1995 by the Ministry of Labour, the Labour Public Prosecutor's Office and the Federal Police.

Fig. 107: Persons found in slave labour conditions
by the Federal Mobile Group from the Ministry of Labour in Brazil (2003-2007)


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Source: Ministry of Labour

All victims of slave labour identified by the Federal Mobile Group were citizens of Brazil and almost all of them were adult males. The above numbers only refer to workers under slave conditions detected in rural areas. Bolivian, Peruvian, Paraguayan and Ecuadorian victims of trafficking for the purpose of slave labour were detected in the State of Sao Paulo, but the actual numbers of these victims were not available for the reporting period.

Chile

Institutional framework

Chile has provisions criminalizing the facilitation of entry or exit the Chilean territory for the purpose of prostitution. This offence is used to prosecute some forms of trafficking in persons, but trafficking for forced labour and internal trafficking are not covered by this provision. Draft legislation establishing the specific offence of trafficking in persons received the approval of the senate in 2007 and was pending with the Chamber of Deputies in 2008.

Criminal justice response

The largest cities in Chile have a special police unit for sex crimes (BRISEXME), including trafficking in persons. The Fiscalía Nacional (Public Prosecutor's Office) also has a unit specializing in sex crimes.

Four women were prosecuted for human trafficking in 2005 and one man in 2006. Two women - one Bolivian and one Paraguayan - were convicted in 2006, and one person was convicted in 2007. The women convicted in 2006 received sentences of between one to five years and five to 10 years, respectively.

Services provided to victims

State authorities and local NGOs provide temporary visas and housing and shelter for victims of human trafficking. The government gives public support to NGOs that run shelters only for children and adolescent victims of sexual exploitation, including human trafficking victims. All victims identified by State authorities in 2006 and 2007 were adult females trafficked tor sexual exploitation.

Fig. 108: Victims of trafficking in persons related offences, identified by the Public Prosecutor's Office in Chile (2006-2007)

Fig. 109: Victims of trafficking in persons related offences, identified by the Public Prosecutor's Office in Chile, by country of citizenship (2006-2007)


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Source: Fiscalía Nacional

Source: Fiscalía Nacional

Colombia

Institutional framework

The specific offence of trafficking in persons was established in Colombia in 2002, and a new law was adopted in 2005. This law has a wider definition of trafficking in persons than included in the UN Trafficking Protocol since the Colombian law considers the consent of an adult irrelevant when defining situations of trafficking in persons. A national action plan was adopted in 2005.

Criminal justice response

Some police officers who are part of the Group for Sexual Crimes have special training to combat the smuggling of migrants and trafficking in persons. The Departamento Administrativo de Seguridad (DAS) also has a group specially trained for such investigations, operating under the direction of Interpol.

The Fiscalía (Public Prosecutor's Office) established a National Unit of Human Rights in March 2007 focusing on trafficking in persons. Also in 2007, as part of the Estrategia Nacional de Lucha contra la Trata de Personas, the Ministry of Justice and Interior and the UNODC field office in Colombia implemented the Centro Operativo Anti-Trata de Personas (C.O.A.T.) in order to create and develop an elite group of public servants devoted to the prosecution of trafficking cases.

Three prosecutions for trafficking in persons were recorded in Colombia from 2003 to September 2007; two prosecutions were initiated in 2005 and one in 2007 (up to September); and three convictions were recorded from 2003 to September 2007.

Fig. 110: Cases of trafficking in persons investigated in Colombia (2003-September 2007)


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Source: Fiscalía General de la Nación

Services provided to victims

State authorities provide legal protections, temporary visas, medical and psychological support, and housing and shelter for victims. Local NGOs offer housing and shelter, medical and psychosocial support, and legal assistance. Additionally, international organizations provide housing and shelter.

Fig. 111: Victims of trafficking in persons identified by State authorities in Colombia, by gender (2004-August 2007)

Fig. 112: Victims of trafficking in persons identified by State authorities in Colombia, by form of exploitation (2005-August 2007)


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Source: Instituto Colombiano de Bienstar Social

Source: Instituto Colombiano de Bienstar Social

Fig. 113: Victims of trafficking in persons identified by State authorities in Colombia, by country of citizenship (2005-August 2007)


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Source: Instituto Colombiano de Bienstar Social

Additional information

The above figures on identified victims were provided by the Instituto Colombiano de Bienstar Social (ICBF), a public institution charged with the protection of children and adolescents that also runs the public shelters for this age group.

In August 2007, the RITRA (Registro de Información de Trata de Personas) system was launched. This system collects information from the different institutions dealing with trafficking cases, whether from a criminal justice perspective or from those providing direct assistance.

Ecuador

Institutional framework

The specific offence of trafficking in persons was established in Ecuador in 2005 but the legislation does not include "removal of organs" as purpose of trafficking. A national action plan for combating trafficking in persons and other forms of exploitation was adopted in 2006.

Criminal justice response

The National Police of Ecuador has a specific unit investigating child trafficking that is connected to the Dirección Nacional de Policía Especializada en Niños, Niñas y Adolescentes (DINAPEN) and exists in four regions of the country.

Between 2005 and the end of 2007, there were 160 cases of various forms of sexual exploitation against children (child pornography, sex tourism, etc.), including cases of trafficking in persons. Over the same period, there were 10 convictions for these offences, six in the capital of Quito and four in Machala, close to the Peruvian border. All cases were related to various forms of sexual exploitation, mostly with victims under 18 years of age. All persons convicted were citizens of Ecuador and received sentences ranging between six and 12 years detention.

Services provided to victims

State authorities provide legal protection, temporary visas, and housing and shelter to victims of human trafficking. With funding from the State, some NGOs run shelters in Sucumbios and Quito for minors who are victims of trafficking. Religious orders, such as Hermanas Adoratrices, provide housing for children and adolescent victims of sex trafficking in the cities of Lago Agrio, Cuenca and Santo Domingo.

Additional information

The National Witness/Victim Protection Programme and the National Institute for Children and the Family (Instituto Nacional de La Niñez y la Familia, INNFA) identified child victims of trafficking during the reporting period. However, as the information has not yet been systematized, there are no statistics on identified victims of trafficking in Ecuador.

The National Institute for Children and the Family (Instituto Nacional de La Niñez y la Familia, INNFA) has also a fund to repatriate Ecuadorian minors trafficked abroad. A new shelter for child victims of trafficking is due to open in 2008 in the city of Machala.

Paraguay

Institutional framework

Paraguay has a provision criminalizing the use of force or fraud to facilitate the entry or exit of a person from or to the country for the purpose of prostitution. This offence is used to prosecute some forms of trafficking in persons, but it does not cover internal trafficking and refers only to sexual exploitation. Draft legislation establishing the specific offence of trafficking in persons is planned to enter into force in 2009. National action plans are in place relating to trafficking in persons for the sexual exploitation of children and adolescents and for child labor.

Criminal justice response

Since 2005, the Public Prosecutor's Office has created specialized units for sex crimes, potentially including human trafficking cases.

Information related only to the capital of Asuncion indicates that there were 65 cases investigated under the offence of facilitating the entry of prostitutes. Over the same period, 19 persons were investigated by the police for the same offence, prosecution was commenced against 11 persons and seven persons were convicted - all those convicted were Paraguayan.

Services provided to victims

State authorities provide legal protection, medical and psychosocial support, and housing and shelter. Local NGOs offer housing and shelter.

Additional information

Currently, there are two shelters funded by the State that receive minors who are victims of sexual violence, including human trafficking, and one shelter that receives adult victims. All victims of trafficking in persons identified and sheltered in 2005 and 2006 were Paraguayans returned from other countries. Since most victims were repatriated from Argentina, they were normally returned and provided with reintegration assistance by IOM-Buenos Aires.

Fig. 114: Victims of the offence "use of force or fraud to facilitate the entry or exit of a person from or to the country for the purpose of prostitution" identified by State authorities in Paraguay, by age (2005-2006)


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Source: Office of the Public Prosecutor

Peru

Institutional framework

The specific offence of trafficking in persons for sexual exploitation has existed in Peru since 2004. In January 2007, the criminal code was amended to expand the trafficking offence to include the other forms of exploitation listed in Article 3 of the UN Trafficking Protocol. A national plan of action was presented to the government in July 2007.

Criminal justice response

A special investigative unit, the Departamento de Investigation contra la Trata de Personas e Investigaciones Especiales, was created in January 2004. This unit has investigative responsibility at the national level for trafficking in persons.

Four persons were prosecuted in 2006. In the same year, one Peruvian male was convicted for trafficking in persons for sexual exploitation and received a sentence of between five and 10 years detention. No other convictions were recorded between 2003 and 2006.

Fig. 115: Cases of trafficking in persons investigated in Peru (2004-2007)

Fig. 116: Persons suspected of trafficking in Peru (2003-September 2007)


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Source: Capital Humano y Social Alternativo

Source: Capital Humano y Social Alternativo

Services provided to victims

State authorities and local NGOs provide legal protections, temporary visas, medical and psychological support, and housing and shelters.

Fig. 117: Victims of trafficking in persons identified by State authorities in Peru, by age (2004-January 2008)

Fig. 118: Victims of trafficking in persons identified by State authorities in Peru, by country of citizenship (2005-2006)


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Source: Policia Nacional del Peru/Sistema RETA

Source: Policia Nacional del Peru/Sistema RETA

Additional information

The RETA system was developed in the early years of this decade. This system includes a databank that centralizes information on victims and traffickers from the different authorities and actors, including NGOs, dealing with trafficking in persons.

All the victims identified in 2005 and 2006 were trafficked for sexual exploitation. There is no clear information concerning the destination of the reported victims, but it appears that a significant portion of them were trafficked internally.

Venezuela
(Bolivarian Republic of)

Institutional framework

International trafficking in persons was criminalized in Venezuela in 2005 under the organic law against organized crime and under the immigration law (2004). In March 2007, a new specific offence criminalizing trafficking in women and girls was introduced into the penal code under the organic law on the Right of Women to a Violence-Free Life. The organic law for the protection of minors and Article 174 of the penal code criminalizing the reduction into slavery and analogues conditions also are used to criminalize trafficking cases. In addition, the Venezuelan constitution explicitly prohibits trafficking in persons.

A national action plan was adopted in 2006.

Criminal justice response

Fig. 119: Persons prosecuted for trafficking in persons and other related offences in Venezuela, by gender (2004-2007)

Fig. 120: Persons convicted of trafficking in persons and other related offences in Venezuela, by gender (2004-2007)


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Source: Direccion General de Actuacion Procesal - Ministerio Publico

Source: Direccion General de Actuacion Procesal - Ministerio Publico

Services provided to victims

Fig. 121: Victims of trafficking in persons identified by State authorities in Venezuela, by age and gender (2004-2007)

Fig. 122: Victims of trafficking in persons identified by State authorities in Venezuela, by country of citizenship (2004-2007)


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Source: Direccion General de Actuacion Procesal - Ministerio Publico

Source: Direccion General de Actuacion Procesal - Ministerio Publico

East Asia and the Pacific

The following countries are covered in this section: Australia, Brunei Darussalam, Cambodia, the Cook Islands, Indonesia, Japan, Kiribati, Lao PDR, Malaysia, Mongolia, Micronesia, Myanmar, Nauru, New-Zealand, Niue, Palau, the Philippines, the Republic of Korea, Samoa, Singapore, the Solomon Islands, Thailand, Timor-Leste, Tuvalu and Viet Nam. The specially administered territories of New Caledonia (an overseas territory of France) and French Polynesia (a Collectivité d'outre - mer France) also are included in this section.

Any missing information concerning the region was either not available or not accessed by UNODC.

Australia

Institutional framework

The specific offence of trafficking in persons was established in Australia in 2005. The offence cover all forms of trafficking in persons listed as minimum requirement in the article 3 of the UN Trafficking Protocol, which has been ratified by Australia in September 2005. In addition, offences concerning trafficking in persons are contained in the Commonwealth Criminal Code Act 1995 and the Employer Sanctions (Migration Amendment) act 2007.

The Australian Government has had its whole-of-government Strategy to Combat Trafficking in Persons in place since 2004. A National Policing Strategy to Combat Trafficking in Women for Sexual Servitude coordinates policing work on trafficking for sexual servitude across jurisdictions.

Criminal justice response

The Australian Federal Police (AFP) established specialist teams, the Transnational Sexual Exploitation and Trafficking Teams (TSETT) in 2003. From 2003 to November 2008, 34 people have been charged with trafficking related offences, resulting in eight convictions. At the rime of the writing six cases were before the courts involving 15 defendants.

Fig. 123: Persons arrested and charged with possession or exercise of ownership over a slave, sexual servitude offences trafficking in persons and debt bondage offences in Australia, by gender (2003-November 2008)


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Source: Transnational Sexual Exploitation and Trafficking Teams

Services provided to victims

The Australian Government provides victims of people trafficking with legal protection, temporary stay permits, which may lead to a permanent visa, medical and psychosocial support, food and living allowances and housing on an individualized, case-by-case basis. Non-government organizations offer legal advice, medical and psychosocial support and housing.

Fig. 124: Persons placed on the Government's victims support in Australia, by gender (2004-November 2008)

Fig. 125: Persons placed on the Government victims support in Australia, by country of citizenship (2004-November 2008)


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Source: Office for Women, Department of Families, Community Services and Indigenous Affairs

Source: Office for Women, Department of Families, Community Services and Indigenous Affairs

Additional information

The Australian Government's Office for Women, manages the Support for Victims of People Trafficking Program. From the inception of the Program in 2004 until October 2008, all victims identified have been adults. All but fours victims identified and receiving support through the Program between 2004 and October 2008, were trafficked for sexual exploitation; the remaining four victims were trafficked for forced labour in construction, hospitality and domestic work.

The AFP cooperates with a number of law enforcement agencies in the region on people trafficking and child sex tourism investigations. For example, the AFP works closely with the Royal Thai Police Crimes Against Child Juvenile and Women Division in relation to human trafficking and child sex tourism investigations.

The AFP Bangkok office also works closely with the Thai Department of Social Development and Welfare, on issues ranging from the referral of intelligence of suspected victims through to the management of victims providing evidence as witnesses in Australian and Thai trials.

Brunei Darussalam

Institutional framework

The specific offence of trafficking in persons was established in Brunei Darussalam in 2004.

Criminal justice response

The Immigration Department and Royal Customs and Excise are in charge of investigating any alleged offences committed under the trafficking in persons law.

There were no investigations, prosecutions or convictions recorded in Brunei Darussalam during the reporting period.

Services provided to victims

State authorities provide temporary stay permits for victims of trafficking. No victims were identified by authorities in Brunei Darussalam during the period covered by this report.

Cambodia

Institutional framework

Cambodia has had specific provisions in place addressing trafficking in persons since 1996, however, the 1996 law on the Suppression of the Kidnapping, Trafficking and Fxploitation of Human Beings only criminalizes trafficking for the purpose of sexual exploitation. A new offence criminalizing also forced labour enrered into force in February 2008. A first National Action Plan on Trafficking and Sexual Exploitation of Children was adopted in 2000, and a second national action plan was drafted in 2005 and is still awaiting approval by the competent, authorities.

Criminal justice response

A Specialized Anti-Trafficking and Juvenile Protection Police Unit (AHTJP) was created in 2002, and a number of specialized units increased their coverage from seven to 17 provinces in 2006. Working units that include prosecurors and judges were established by the Ministry of justice in the municipal and provincial courts to target human trafficking cases.

The overall number of persons convicted for human trafficking in Cambodia was unavailable. In the capital of Phnom Penh alone, the court handled 38 cases, and 40 persons were convicted of human trafficking in 2006.

Fig. 126: Persons arrested for trafficking in persons in Cambodia (2003-2006)


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Source: Department of Anti-Trafficking and Juvenile Protection, Ministry of the Interior

Services provided to victims

State authorities provide legal protection, temporary stay permits, medical and psychosocial support, and housing and shelter as well as rehahilitarion and reintegration for victims of trafficking. NGOs and international organizations also offer medical and psychosocial support, housing and shelter, and rehabilitation and reintegration programmes.

Fig. 127: Victims of trafficking in persons identified by State authorises in Cambodia, by age and gender (2003-2006)


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Source: Department of Anti-Trafficking and Juvenile Protection, Ministry of the Interior

Additional information

From 2005-2007, 54 cases of domestic trafficking (involving 86 offenders) and 32 cases of cross-border trafficking (involving 58 offenders) were investigated.

The Department of Anti-Trafficking and Juvenile Protection managed a database with information concerning all victims referred by NGOs, families or the Department of Social Affairs during the reporting period.

Indonesia

Institutional framework

Indonesia has had specific provisions in place on trafficking in women and children (Article 297 of the penal code) since 1946. The Child Protection Act of 2002 specifically criminalized child trafficking and the sexual exploitation of children. These provisions were related only to the trafficking of women and children. The 2007 law on the "eradication or the criminal act of trafficking in persons", however, criminalizes all of the forms of trafficking listed in Article 3 of the UN Trafficking Protocol. The Indonesian National Plan of Action for the Elimination of Trafficking in Women and Children was enacted on 30 December 2002.

Criminal justice response

The Indonesian National Police has special units for women and children (UPPA) with special service rooms (RPK) in a number of police offices around the country to provide assistance to victims of trafficking during criminal proceedings.

Fig. 128: Persons investigated and arrested for trafficking in persons in Indonesia, by gender (2003-2007)

Fig. 129: Cases prosecuted for trafficking in persons in Indonesia, (2003-2007)


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Source: Indonesian National Task Force to Combat Trafficking in Persons

Source: Indonesian National Task Force to Combat Trafficking in Persons

Services provided to victims

State authorities, NGOs and international organizations provide legal prorection, medical and psychosocial support, and housing and shelter, as well as recovery, return and reintegration support for victims of trafficking. State authorities also offer temporary stay permits.

Fig. 130: Victims identified by the police in Indonesia, by age and gender (2003-2007)

Fig. 131: Victims sheltered in Indonesia by age, (2005-May 2008)


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Source: Indonesian National Task Force to Combat Trafficking in Persons

Source: Indonesian National Task Force to Combat Trafficking in Persons

Additional information

According to the Indonesian National Task Force to Combat Trafficking in Persons, identified victims were mostly Indonesians and were mostly returned from other countries in the region. Exact figures on the nationality and the countries from where victims were repatriated were unavailable.

There were no data available to UNODC concerning the numbers of convicted offenders, but authorities reported that most of the traffickers were Indonesians. Foreigners convicted for trafficking-related crimes in 2007 were from the Middle East and other Asian countries.

IOM reported that it assisted 2,273 victims of trafficking between March 2005 and April 2007. Most of these victims were adult women and, to a lesser extent, girls. About 130 adult men and 100 boys were assisted by IOM during the same period. The majority of victims (1,312) were exploited as domestic workers, 352 for forced prostitution and the rest for different forms of forced labour. Most victims were returned from neighbouring East Asian countries. About 480 were victims of internal trafficking, while 67 of the victims assisted by IOM during this period were repatriated from the Middle East and other East Asian countries.

Japan

Institutional framework

Japan introduced the offence of "buying and selling human beings" in 2005. In addition, Article 2(7) of the Immigration Control Act defines trafficking in persons and criminalizes all forms of exploitation considered in Article 3 of the UN Trafficking Protocol. A national plan of action was adopted in 2004.

Criminal justice response

The National Police Agency (NPA) is responsible for investigating cases of trafficking in persons.

From the time the new legislation went into force in 2005 until the end of 2007, 24 people were convicted of trafficking in persons - five were sentenced to prison for less than two years; 12 from two to three years; and the other seven to more than three years in prison.

Fig. 132: Persons arrested for trafficking in persons and related offences in Japan, by gender (2003-2006)


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Source: National Police Agency

Services provided to victims

State authorities provide legal protection, temporary sray permirs, medical and psychosocial support, and housing and shelter as well as repatriation assistance for victims of trafficking. NGOs and international organizations also offer housing and shelter as well as repatriation assistance.

Fig. 133: Victims of trafficking in persons identified by the National Police Agency in Japan (2003-2006)

Fig. 134: Victims of ttafficking in persons identified by the National Police Agency in Japan, by country of citizenship (2005-2006)


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Source: National Police Agency

Source: National Police Agency

Fig. 135: Victims of trafficking in persons sheltered by the Women's Consulting Office in Japan (2004-2007)

Fig. 136: Victims of trafficking in persons sheltered by the Women's Consulting Office in Japan, by country of citizenship (2005-2006)


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Source: National Police Agency

Source: National Police Agency

Additional information

All the victims identified and sheltered were trafficked for sexual exploitation. The Women's Consulting Office is a public shelter where victims receive food, clothing, and medical and psychological treatment. At the end of 2006, there were 47 offices throughout Japan, with a total capacity of 720 beds available for victims of trafficking in persons.

Lao People's Democratic Republic

Institutional framework

The offence of "trade and abduction of human beings" was established in Lao PDR in November 2004. In October 2005, the penal code was amended to include Article 134 defining the offence of trafficking in persons and criminalizing all or most of its forms. The National Plan of Action against Trafficking in Persons of the Lao PDR (2007-2012) was planned to be adopted in 2008.

Criminal justice response

The Lao Anti-Trafficking Unit (LAPTU) was created in 2005 as part of the national law enforcement body with a specific focus on trafficking in persons. Six provincial anti-trafficking units were formed in 2006, and in 2007, the LAPTU was transformed into the Anti-Trafficking Division.

Twenty-seven cases of cross-border trafficking were investigated in the 2005-2007 period, 14 of which led to convictions.

Services provided to victims

State authorities provide legal protection, temporary stay permits, medical and psychosocial support, and housing and shelter as well as vocational training for victims of trafficking. NGOs and international organizations also offer medical and psychosocial support, and housing and shelter as well as vocational training.

Fig. 137: Victims of trafficking in persons identified by State authorities in Lao PDR who have been repatriated from Thailand (2003-2006)


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Source: Ministry of Labour and Social Welfare

Additional information

The figures above, provided by the Ministry for Labour and Social Welfare, only represent Lao victims repatriated from Thailand, thus only a part of the victims that might have been repatriated to Lao PDR. Overall, the Ministry for Labour and Social Welfare collected information from 2001 until December 2007, recording about 1,056 people (153 adults and 903 children) returned from Thailand.

Two residential facilities were available for victims of trafficking in persons in 2006, with a total capacity of 60 beds.

The Lao Women's Union sheltered 13 victims of human trafficking from May 2006 to December 2007; four victims were trafficked for sexual exploitation (two in Thailand and two in Lao PDR) and nine for labour exploitation (all in Lao PDR). The second facility is administrated by AFESIP, and 27 victims of trafficking (18 girls and nine women) were sheltered between October 2006 and December 2007; two were victims of trafficking for forced labour, and the rest were trafficked for sexual exploitation. Six of these victims were trafficked internally, while the other 21 were trafficked to Thailand.

Malaysia

Institutional framework

The specific offence of trafficking in persons was established in Malaysia in 2007 with the adoption of the Anti-Trafficking in Persons Act. In addition, Malaysia established the specific offence of child trafficking in its national legislation in 2001. A national plan of action was drafted in 2008.

Criminal justice response

About 160 persons were convicted of "trafficking and abduction of children" between 2003 and 2006. Most of the persons convicted were involved in child trafficking for sexual exploitation, while two were exploiting children for forced labour. About 120 of the offenders received a sentence of less than one year of detention, about 30 received a sentence of one to five years and four were sentenced to more than five years of detention.

Fig. 138: Persons prosecuted for trafficking and abduction of children in Malaysia (2003-2006)


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Source: Ministry Home Affairs

Services provided to victims

State authorities provide legal protection, temporary stay permits, medical and psychosocial support, and housing and shelter for victims of trafficking. In addition, two safe houses for rhe protection of victims were established in 2008. Each can shelter 20 to 40 women and children.

Mongolia

Institutional framework

The specific offence of trafficking in persons was established in Mongolia in February 2008. Before the 2008 legislation was enacted, the offence of "sale or acquisition of humans" was used to prosecute some forms of trafficking in persons. The National Plan of Action on Commercial Sexual Exploitation and Trafficking of Children was adopted in 2005.

Criminal justice response

The following criminal justice statistics refer to the offence of "sale or acquisition of humans". Twenty persons were prosecuted and one was convicted of this offence during 2005-2006. The one convicted offender was sentenced to 10 years in detention.

Fig. 139: Persons investigated for the offence of "sale or acquisition of humans" in Mongolia (2003-2007)


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Source: State Investigation Department

Services provided to victims

State authorities provide legal protection for victims of trafficking. NGOs offer legal protection, medical and psychosocial support, and housing and shelter.

Fig. 140: Victims of "sale or acquisition of humans" identified by State authorities in Mongolia (2003-2007)

Fig. 141: Presumed victims of trafficking in persons assisted by the NGO MGEC in Mongolia, by age and gender (2003-2007)


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Source: State Investigation Department

Source: Mongolian Gender Equality Centre

Fig. 142: Presumed victims of trafficking in persons assisted by the NGO MGEC in Mongolia, by type of exploitation (2003-2007)

Fig. 143: Presumed victims of trafficking in persons assisted by the NGO MGEC (2003-2007)


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Source: Mongolian Gender Equality Centre

Source: Mongolian Gender Equality Centre

Additional information

The Mongolian Gender Equality Centre (MGEC) is an NGO established in Mongolia in 2002. MGEC provides legal and psychological assistance to victims of sexual abuse, exploitation and human trafficking. The "presumed victims" in the charts above refer to persons, very likely trafficking victims, receiving various types of assistance from the MGEC.

Myanmar

Institutional framework

The specific offence of trafficking in persons was established in Myanmar in 2005. Before the 2005 legislation was adopted, the offences of "kidnapping, abduction, slavery and forced labour" and "prostitution" were used to prosecute some forms of trafficking in persons. A Five-Year National Plan of Action against Trafficking in Persons (2007-2011) and its implementation plan were finalized and awaited approval by the Cabinet in 2007.

Criminal justice response

The National Anti-Trafficking Unit was established in June 2004 as part of the Department against Transnational Crime within the Myanmar Police Force. In 2006, this Unit consisted of 40 specially trained police officers, and about 130 officers were involved full time in anti-human trafficking activities in 2007.

Authorities reported a range of 350 to 425 traffickers per year between 2003 and 2007. It is unclear whether these persons were recorded at the investigation, prosecution or conviction stage and for which specific offence.

Services provided to victims

State authorities provide legal protection, medical and psychosocial support, and housing and shelter as well as repatriarion assistance for victims of trafficking.

Fig. 144: Total victims of trafficking in persons reported by State authorities (internal, repatriated and foreigners) in Myanmar (2003-2007)

Fig. 145: Destinations of victims repatriated to Myanmar (2004-2005)


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Source: "Report on Myanmar's Efforts to Combat Trafficking in Persons"

Source: "Report on Myanmar's Efforts to Combat Trafficking in Persons"

Additional information

The figures produced above were published in the "Report on Myanmar's Efforts to Combat Trafficking in Persons". This report also indicated that between 2002 and 2007, 418 trafficking victims were repatriated to Myanmar from various destination countries.

The "Myanmar Police Force 2006 Annual Report Anti-Trafficking Unit", refers only to cases detected by the criminal justice system in Myanmar. It reports that 411 victims were identified in Myanmar by the national police in 2006, 257 of these victims were adults and 26 were minors. The report also indicated that in 2006, 11 traffickers and four victims were involved in internal trafficking.

New Zealand

Institutional framework

The specific offence of trafficking in persons was established in New Zealand in 2002. The legislation applies a wider interpretation than the United Nations Trafficking Protocol, since the element of exploitation is not required to define a trafficking case. A five year National Plan of Action against the Commercial Sexual Exploitation of Children was adopted in 2001 and completed in 2006.

Criminal justice response

The New Zealand Police, Immigration and New Zealand Customs are the law enforcement agencies responsible for cases of trafficking. No cases of trafficking in persons were investigated, prosecuted or resulted in conviction during the reporting period.

Services provided to victims

State authorities and NGOs provide legal protection, temporary stay permits, medical and psychosocial support, and housing for victims of trafficking. No victims of trafficking in persons were identified or sheltered by State authorities during the reporting period.

Pacific Islands

Institutional framework

This section includes information on the Cook Islands, French Polynesia, Kiribati, Micronesia, Nauru, New Caledonia, Niue, Palau, Samoa, the Solomon Islands and Tuvalu.

The following countries and specially administered territories adopted a specific offence of trafficking in persons: the Cook Islands (2003), French Polynesia (2003), Kiribati (2005), Nauru (2004), Niue (2006), Palau (2005) and New Caledonia (2003).

Palau is the only country considered in this section with a specific action plan to fight trafficking in persons.

Criminal justice response

Most countries and specially administered territories considered in this section did not record any investigations, prosecutions or convictions during the reporting period.

In Palau, in 2006, three women and one man were investigated, arrested and prosecuted for trafficking in persons, and all were convicted in 2007. One man and one woman (a couple) were suspected of trafficking in persons in New Caledonia in 2005 and were prosecuted under labour laws. Eight victims were involved in labour exploitation - five locals and three Vietnamese.

Services provided to victims

Most countries and specially administered territories considered in this section did not identify any victims. Sixteen adult women were identified as victims of trafficking in Palau in 2006. They were trafficked from China and the Philippines for sexual exploitation.

The Philippines

Institutional framework

The specific offence of trafficking in persons was established in the Philippines in 2003. The legislation criminalizes trafficking in persons for the purposes of sexual exploitation, forced labour and other forms of exploitation.

Services provided to victims

State authorities and NGOs provide recovery and reintegration programmes for victims of trafficking. These programmes include residential, medical and psychological services, maternal and childcare skills development, self-enhancement skills development, legal services and others. All victims identified by State authorities were sexually exploited.

The Visayan Forum Foundation is a non-governmental organization founded in 1991. The Visayan Foundation centres cater to marginalized migrants, especially those working in the invisible sector such as domestic workers and the victims of trafficking, particularly women and children. The Foundation provides halfway houses and safe houses for victims of trafficking in persons in different areas of the country. These shelters have a capacity of about 120 beds and have assisted a total of 2,000 victims each year in 2006 and 2007. All the victims sheltered are Filipinos and trafficked for sexual and labor exploitation.

Fig. 146: Victims of trafficking in persons reported by State authorities in The Philippines (2004-2007)


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Source: Department of Social Welfare and Development - Philippines

Republic of Korea

Institutional framework

The specific offence of trafficking in persons was established in the Republic of Korea in 2004. These provisions fall within the Act on the Punishment of Intermediaring in the Sex Trade and Associated Acts, which refers ro human trafficking only for the purpose of sexual exploitation. Prior to 2004, statutes on kidnapping and sexual exploitation were used to prosecute some forms of trafficking in persons. A National Action Plan for the Promotion and Protection of Human Rights, which includes trafficking in women, was adopted in 2007.

Criminal justice response

The following criminal justice statistics refer to trafficking cases detected after the approval of the legislation.

Fig. 147: Persons suspected of trafficking in persons in the Republic of Korea (2005-2006)

Fig. 148: Persons arrested for trafficking in persons in the Republic of Korea (2005-2006)


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Source: Ministry of Foreign Affairs and Trade

Source: Ministry of Foreign Affairs and Trade

Fig. 149: Persons convicted of trafficking in persons in the Republic of Korea, by gender (2005-2006)

Fig. 150: Sanctions for trafficking in persons in the Republic of Korea (2005-2006)


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Source: Ministry of Foreign Affairs and Trade

Source: Ministry of Foreign Affairs and Trade

Services provided to victims

State authotities provide legal protection, temporary stay permits, medical and psychosocial support, and housing and shelter for victims of trafficking. NGOs provide housing and shelter.

Singapore

Institutional framework

Singapore has specific provisions on trafficking in women and girls as part of its Women's Charter, in place since 1996.

Criminal justice response

The Singapore Police Force (SPF) has a dedicated unit responsible for sex crimes, including the trafficking of women for commercial sexual exploiration.

Two men and one woman were convicted and sentenced for the offences of "forced prostitution" and "false pretense" under the Women's Charter. Their sentences ranged from eight months to two years and two months in prison.

Services provided to victims

State authorities provide legal protection, temporary stay permits and medical and psychosocial support for victims of trafficking. NGOs provide medical and psychosocial support and housing and shelter.

No victims of trafficking in persons were identified or sheltered by State authorities during the reporting period.

Fig. 151: Cases of trafficking in women and girls investigated in Singapore (2004-2007)


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Source: Ministry of Home Affairs

Thailand

Institutional framework

Thailand has had specific provisions in place on trafficking in persons since 1997, although the Measures in Prevention and Suppression of Trafficking in Women and Children Act (1997) only addressed trafficking in women and children. The Act on the Suppression and Prevention of Human Trafficking criminalizes all forms of trafficking, including trafficking in men and boys, and went into effect on 5 June 2008. A national plan of action was adopted in 2003.

Criminal justice response

Two specialized agencies are responsible on the issue of human trafficking in Thailand; the Department of Special Investigations, Ministry of Justice; and the Center against International Human Trafficking (CAHT), Office of the Attorney-General.

A Children, Juveniles and Women Division was established in June 2005 under the Royal Thai Police. This division has 450 full-time officers and deals with trafficking in persons matters. Data became available on trafficking in persons cases beginning in 2005 with the creation of the Children, Juveniles and Women Division.

Fig. 152: Persons investigated for trafficking in persons in Thailand (2005-2006)

Fig. 153: Persons convicted of trafficking in persons in Thailand (2005-2006)


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Source: Children, Juveniles and Women Division

Source: Children, Juveniles and Women Division

Services provided to victims

State authorities provide legal protection, temporary stay permits, medical and psychosocial support, housing and shelter, and vocational training for victims of trafficking.

Fig. 154: Foreign victims identified by State authorities in Thailand (2003-2007) (Might include also other persons in need)

Fig. 155: Foreign victims identified by State authorities in Thailand, by country of citizenship (2005-2007) (Might include also other persons in need)


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Source: Department of Social Development and Welfare

Source: Department of Social Development and Welfare

Fig. 156: Foreign victims identified by State authorities in Thailand, by age (October 2006-December 2007) (Might include also other persons in need)

Fig. 157: Foreign victims identified by State authorities in Thailand, by type of exploitation (October 2006-December 2007) (Might include also other persons in need)


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Source: Department of Social Development and Welfare

Source: Department of Social Development and Welfare

Fig. 158: Thai victims trafficked abroad and repatriated, identified by State authorities (2003-2007)

Fig. 159: Thai victims trafficked abroad, identified by State authorities by area of repatriation (2005-2007)


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Source: Bureau of Anti-Trafficking in Women and Children

Source: Bureau of Anti-Trafficking in Women and Children

Additional information

Thailand adopted three different referral mechanisms for victims of trafficking in persons: one at the provincial level; one in foreign countries; and one at the central level. At the provincial level, centres of the Department of Social Development and Welfare are in charge of screening victims of trafficking and referring them to one of seven main shelters. Abroad, the embassies of Thailand are the operational centres, and the Bureau of Anti-Trafficking in Women and Children is in charge at the central level for identifying victims of trafficking in persons.

The statistics used in the charts above that refer to foreign victims identified by State authorities were provided by the Foreign Women and Children Trafficked Victims Section of the Department of Social Development and Welfare. These numbers might also include a small portion of persons in general need in addition to trafficking victims. For instance, from October 2006 to December 2007, about 15% of the persons reported above were not trafficking victims.

The statistics used in the charts above that refer to Thai victims trafficked abroad and identified by State authorities were provided by the Bureau of Anti-Trafficking in Women and Children.

Timor-Leste

Institutional framework

The specific offence of trafficking in persons was established in Timor-Leste in 2003.

Criminal justice response

The Migration Department is responsible for the investigation of immigration crimes, including human trafficking as described in Article 81 of the Immigration and Asylum Act.

Four men and one woman were investigated, arrested and prosecuted for trafficking in persons in 2006, and two men and eight women were investigated, arrested and prosecuted in 2007. No convictions were recorded prior ro 2007.

Services provided to victims

NGOs and international organizations provide medical and psychosocial support, and recovery, return and reinregration services for victims of trafficking.

One girl trafficked for sexual exploitation was identified by IOM in 2006.

Viet Nam

Institutional framework

Viet Nam has had specific provisions in place on trafficking in persons since 1999, but the law only addresses trafficking in women and children. A national plan of action was adopted in 2004.

Criminal justice response

A special anti-human trafficking unit is part of the General Police Department. About 30 officers were involved full time in combating trafficking in women and children in 2008.

Fig. 160: Persons investigated for trafficking in women and children in Viet Nam (2003-2007)

Fig. 161: Persons arrested for trafficking in women and children in Viet Nam (2005-2007)


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Sources: NCB Interpol and Criminal Investigation Division

Sources: NCB Interpol and Criminal Investigation Division

Fig. 162: Persons prosecuted for trafficking in women and children in Viet Nam (2003-2007)

Fig. 163: Persons convicted for trafficking in women and children in Viet Nam (2003-2007)


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Sources: NCB Interpol and Criminal Investigation Division

Sources: NCB Interpol and Criminal Investigation Division

Fig. 164: Sentences for persons convicted of trafficking in women and children in Viet Nam (2006-2007)


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Sources: NCB Interpol and Criminal Investigation Division

Services provided to victims

State authorities provide temporary stay permits, medical and psychosocial support, and housing and shelter for victims of trafficking. NGOs provide medical and psychosocial support, and housing and shelter.

Statistics on victims were very limited. Authorities reported the number of victims officially returned from China (422 in 2007), which is only a part of the total number of victims repatriated.

Additional information

Social support centres were established in most of the border provinces to receive and take initial care of victims returned from foreign countries. The border check posts (reception centres of border guards) also provide accommodation for temporary stays for victims when they are released.

There are over 100 Social Aid Centres, but only a few at the border areas have room for victims of trafficking. These centres are in the following border provinces: Lao Cai, Quang Ninh, Lang Son, Yien Bai, Ho Chi Minh City, An Giang and Can Tho.

South and South-West Asia

The following countries are covered in this section: Afghanistan, Bangladesh, Bhutan, India, Maldives, Nepal, Pakistan and Sri Lanka.

Any missing information concerning the region was either not available or not accessed by UNODC.

Afghanistan

Institutional framework

The specific offence of trafficking in persons does not exist in the legislation of Afghanistan. A draft law on trafficking in persons was expected to be submitted to Parliament in 2008.

Criminal justice response

Special units to combat trafficking in persons were created within the police departments in all provinces in Afghanistan. In practice, these units so far have dealt mainly with kidnapping. A new anti-trafficking section within the Criminal Investigation Directorate was established as a coordinating body in 2007.

Due to the absence of a specific law, no prosecutions and no convictions were recorded in Afghanistan for trafficking in persons during the reporting period. The criminal justice system has used various articles of the penal code to prosecute some forms of trafficking in persons, including the kidnapping of minors. About 370 persons - 315 men and 55 women - were convicted of trafficking-related offences in 2005, and 393 persons - 371 men and 22 women -were convicted of trafficking-related offences in 2006.

Services provided to victims

The State provides legal consultation and advocacy, medical and psychological support, and treatment as well as clothing and transportation. Local NGOs and international organizations, such as IOM, provide legal assistance, housing and shelter, and medical and psychosocial support.

Fig. 165: Victims of offences related to trafficking in persons identified by State authorities in Afghanistan, by age and gender (2005-2006)

Fig. 166: Victims of trafficking in persons sheltered by IOM in Afghanistan, by form of exploitation (2005-2007)


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Source: Criminal Investigation Directorate of the Ministry of the Interior

Source: IOM-Kabul

Fig. 167: Victims of trafficking in persons sheltered by IOM in Afghanistan, by country of citizenship (2006)


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Source: IOM-Kabul

Additional information

A referral mechanism for victims of trafficking was established and includes the Ministry of the Interior, the Ministry of Women's Affairs and the Ministry of Labour and Social Affairs. These ministries refer cases to IOM in order to provide victims with the necessary assistance. The Ministry of Women's Affairs has four shelters to accommodate women in situations of distress. IOM is opening a shelter for child victims of trafficking in 2008.

Bangladesh

Institutional framework

The Suppression of Immoral Traffic Act was introduced in Bangladesh in 1933. The law that is most widely used in the context of human trafficking, the Prevention of Repression against Women and Children Act (2000), deals only with the trafficking of women and children for prostitution and other 'immoral' purposes. The Government of Bangladesh established action plans for the protection of children, including trafficking in children: the National Plan of Action for Children 2004-2009 and the National Plan of Action Plan against Sexual Abuse and Exploitation of Children.

Criminal justice response

The Police Monitoring Cell for Combating Trafficking in Women and Children in the Bangladesh police headquarters was established in 2004. This law enforcement body consists of a team of about 15 police officers collecting information and statistics related to trafficking.

Fig. 168: Persons accused of trafficking in persons in Bangladesh (March 2005-March 2007)

Fig. 169: Persons arrested for trafficking in persons in Bangladesh (March 2005-March 2007)


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Source: Police Monitoring Cell

Source: Police Monitoring Cell

Fig. 170: Persons convicted for trafficking in persons in Bangladesh (March 2005-March 2007)

Fig. 171: Cases of trafficking in persons in Bangladesh concluded with a conviction (March 2004-March 2007)


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Source: Police Monitoring Cell

Source: Police Monitoring Cell

Services provided to victims

State authorities and NGOs provide legal protection, medical and psychosocial support, housing and shelter as well as rehabilitation and vocational training for victims of trafficking in persons.

According to the "Bangladesh Country Report on Combating Trafficking in Women and Children", 208 victims of trafficking in persons were identified by State authorities. These victims included 96 women, 86 children and 17 men.

Four NGOs provided information concerning victims of trafficking sheltered in Bangladesh during the reporting period. The Association for Community Development (ACD) reportedly sheltered from 20 to 30 victims of trafficking in persons per year between 2003 and 2007. The victims were males and females in approximately equal proportion. The Thengamar Mohila Sabuj Sangha (TMSS) sheltered about 81 victims in three years (2005-2007), and the Dhaka Ahsania Mission (DAM) sheltered 60 victims in 2006. The Bangladesh National Women Lawyers' Association (BNWLA) sheltered 15,000 female victims of sexual abuse, including trafficking victims, in three years (2005-2007). Most of the ACD and DAM victims sheltered in 2005 and 2006 were trafficked to the border belt areas of Bangladesh, and fewer were trafficked to India.

Bhutan

Institutional framework

Since 2004, the Penal Code of Bhutan (Section 154) classifies trafficking a person "for any purpose" as an offence. New provisions under the proposed Immoral Trafficking Act are to be endorsed by the National Assembly. A draft National Plan of Action on Gender with a section specifically dealing with violence against women was pending with the competent authorities in 2008.

Criminal justice response

The Royal Bhutan Police established a Woman and Child Protection Unit in January 2006. The unit initially included 16 police officers. It was set up in Thimphu and is planned to spread its network throughout the country through women and children desks in district police stations. The unit works with NGOs and the National Commission on Women and Children (NCWC).

No investigations, prosecutions or convictions were recorded for trafficking in persons in Bhutan from 2003 to 2006.

Services provided to victims

State authorities, NGOs and international organizations provide legal protection, medical and psychosocial support, and housing and shelter for victims of trafficking in persons.

There are some shelter homes run by large NGOs that can technically house trafficking victims. According to the NGO Respect, Educate, Nurture and Empower Women (RENEW), there is one temporary shelter home for emergency protection for adolescent girls and women victims of violence and abuse, which provides counseling and care services. The total capacity of this home is eight to 10 women. Since its establishment, the home has provided services to 49 vulnerable persons/victims of abuse and violence, including two victims of trafficking. In addition to this shelter, another bigger home is in the planning stages with support from the Government of India. Also a crisis centre was under construction in 2007.

India

Institutional framework

The Constitution of India specifically prohibits trafficking in human beings and forced labour, and India passed a law criminalizing human trafficking in 1956. The Immoral Traffic in Girls Act was significantly amended in 1978 and renamed the Immoral Traffic Prevention Act (ITPA). The ITPA is the primary legislation in the country dealing with human trafficking, A new Immoral Traffic Prevention Bill was drafted in 2006.

Apart from the ITPA, a number of sections under the Indian Penal Code are used to punish crimes related to trafficking, such as selling or buying of a minor for prostitution, procuring a minor girl, importation of a girl below 22 years of age and others.

Each state government in India has legislative power and has policies in place for combating human trafficking, as per the requirements of the central anti-trafficking acts, but policy status and implementation varies from state to state. For instance, in 2003 the Indian State of Goa passed the Goa Children's Act criminalizing child trafficking. At national level, in 1998, the Ministry of Women and Child Development (MWCD) developed a National Plan of Action to Combat Trafficking and Commercial Sexual Exploitation of Women and Children. The Ministry of Labour developed a Protocol on Prevention, Rescue, Repatriation and Rehabilitation of Trafficked and Migrant Child Labour in 2008.

Criminal justice response

The police force in India is part of the individual states. Each state has designated nodal police officers who act as the point persons on the issue of human trafficking. In 2007, some states set up Anti-Human Trafficking Units (AHTUs). These units, consisting of an integrated team of approximately seven persons including police officers, NGO personnel and counsellors, are designated to respond to crimes related to human trafficking. So far, these AHTUs have been established in the four states of Andhra Pradesh, Bihar, Goa and West Bengal.

In addition, about 50 to 100 convictions per year were recorded under the Child Marriage Restraint Act between 2003 and 2006.

Fig. 172: Persons arrested for trafficking in persons in India, under the ITPA (2003-2006)

Fig. 173: Persons prosecuted for trafficking in persons in India, under the ITPA (2003-2006)


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Source: National Crime Records Bureau

Source: National Crime Records Bureau

Fig. 174: Persons convicted for trafficking in persons in India, under the ITPA (2003-2006)

Fig. 175: Persons prosecuted in India for offences related to trafficking in persons, under other sections of the penal code (2003-2006)


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Source: National Crime Records Bureau

Source: National Crime Records Bureau

Fig. 176: Persons convicted in India for offences related to trafficking in persons,
under other sections of the penal code (2003-2006)


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Source: National Crime Records Bureau

Services provided to victims

Under various government programmes, legal protection, medical and psychosocial support, shelter, education and training, and rehabilitation are provided to victims of trafficking in persons. These services are often offered in coordination with NGOs, which implement the projects. The international agencies in the region primarily provide funding and technical support.

The Ministry of Women and Child Development (MWCD) in 2001-2002 launched a 'Swadhar' scheme aimed at benefiting women in difficult circumstances, including girls and women victims of trafficking. According to the MWCD, 300 to 500 Swadhar and short-stay homes gave shelter to more than 20,000 women in need, including trafficking victims, in all of India during the reporting period. In 2005, the number of women taken care of was about 26,000 and in 2006, the number was 21,000. The services in a number of these homes are provided by NGOs or NGOs run the homes under these schemes. In addition to these government homes, a number of NGOs also run smaller shelters or transit facilities, but no comprehensive consolidated numbers were available from most of the state governments. Informal discussions with civil society indicated that there were inadequate shelters - both in terms of the number of homes available and the facilities available within the homes - for trafficking victims.

UNODC was able to collect some information concerning victims of trafficking for a few Indian states as shown in the following charts. This information is not meant to be exhaustive and does not represent the situation for the entire country.

Fig. 177: Victims of trafficking in persons sheltered in Andhra Pradesh, by form of exploitation (2005-2006)

Fig. 178: Victims of trafficking in persons identified by authorities in Kerala, by form of exploitation (2005-2006)


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Source: Department of Women Development and Child Welfare, NGO CARD and NGO Strhee

Source: Directorate of Social Welfare, Government of Kerala

Fig. 179: Victims of trafficking in persons identified by authorities in Karnataka, by form of exploitation (2005-2007

Fig. 180: Victims of trafficking in persons identified by authorities in Kerala, by area of origin (2005-2006)


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Source: Karnataka Women and Child Development Department

Source: Directorate of Social Welfare, Government of Kerala

Fig. 181: Victims of trafficking in persons identified by authorities in Karnataka, by area of origin (2005-2006)

Fig. 182: Victims of trafficking in persons identified by authorities in Maharashtra, by area of origin (2005-2007)


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Source: Karnataka Women and Child Development Department

Source: Commission of Women and Child Development, Pune, Maharashtra

Fig. 183: Victims of trafficking in persons identified by authorities in Haryana, by area of origin (2005-2006)


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Source: Social Justice and Empowerment Department, Haryana

Additional information

The National Crime Records Bureau (NCRB) was established in 1986 and is the central agency responsible for the maintenance of crime-related records at the national level. The NCRB receives information from the various State Crime Records Bureaus and other relevant agencies.

The information is compiled, analysed and published in the form of annual reports.

As far as the data on victims of trafficking in persons are concerned, not all states have formal mechanisms in place for referring identified trafficking victims to the relevant agencies that provide support services; however, there are informal mechanisms in some cases.

There is no centralized database of victims of trafficking. Some states have stored information under this heading, consisting of the numbers of trafficking victims in state (government) shelter homes, while others have a combination of fig-ures from various homes, beneficiaries of various government schemes and information received from the police on victims rescued.

Maldives

Institutional framework

The specific offence of trafficking in persons does not exist in the national legislation of the Maldives. There is a law in place that bars children below the age of 14 from paid or hazardous work. In addition, sexual exploitation and prostitution is illegal and subject to stringent religious and societal sanctions.

Criminal justice response

All major investigative crimes, including possible human trafficking episodes, are handled by the Serious Crimes Unit.

Because of the absence of a specific provision on human trafficking, no prosecutions or convictions were recorded for trafficking in persons during the reporting period. According to the Maldives police, the number of sexual offences reported over the past six years ranged between 80 and 422 cases.

Services provided to victims

There are no specific programmes for the protection and support of victims of trafficking. However, there are programmes that deal generally with victims of violence.

Nepal

Institutional framework

The Human Trafficking Control Act was established in Nepal in 1986. The Parliament of Nepal passed a new law, the Human Trafficking (Control) Act, in 2007. This 2007 Act is deemed to be more comprehensive and incorporates provisions for the protection and rehabilitation of victims of trafficking. In addition to the Human Trafficking (Control) Act, other laws can be used to punish various forms of trafficking exploitation, like forced labour, slavery and bonded labour. The National Plan of Action (NPA) against Trafficking in Children and Women for Sexual and Labour Exploitation was developed in 1998 and approved in 1999. The NPA was reviewed in 2001 for the addition of new issues and cross-cutting themes.

Criminal justice response

Specific law enforcement agencies against trafficking in women and children are part of the Women and Children Service Centre (WCSC), the Immigration Office, Interpol and the courts of Nepal. The WCSC, located in police headquarters in Kathmandu, also is responsible for collating information relating to crimes against women and children, including trafficking. As of February 2008, the WCSC had 128 staff at headquarters and 25 centres around the country.

Fig. 184: Cases of trafficking in persons recorded by the police in Nepal (July 2002-July 2007)

Fig. 185: Convictions of trafficking in persons in Nepal (July 2002-July 2006)


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Source: WCSC, Police Headquarters

Source: Office of the National Rapporteur on Trafficking in Women and Children

Services provided to victims

State authorities and NGOs provide legal protection, medical and psychosocial support, and housing and shelter for victims of trafficking in persons.

Fig. 186: Victims of trafficking in persons identified by State authorities in Nepal, by gender and age (July 2004 -July 2007)


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Source: WCSC, Police Headquarters

Additional information

The government runs shelter homes in coordination with some of the larger NGOs. There are a number of informal mechanisms by which various agencies collaborate.

There were 29 convictions of cases of trafficking in persons in appellate courts in 2002-2003, four in 2003-2004, 11 in 2004-2005 and nine in 2005-2006. Convictions of cases of trafficking in persons in the Supreme Court numbered 11 in 2002-2003, 17 in 2003-2004, 16 in 2004-2005 and four in 2005-2006.

There are no consolidated numbers on the nationalities of trafficking victims, but according to the National Rapporteur on Trafficking, available information indicates that almost all the victims were from Nepal. In addition, trafficking for commercial sexual exploitation was the most frequent form of exploitation recorded during the reporting period, followed by forced labour. Other forms of exploitation detected included slavery, sexual slavery and forced labour for the circus.

Pakistan

Institutional framework

Pakistan introduced the Prevention and Control of Human Trafficking Ordinance (PACHTO) in 2002 criminalizing trafficking for sexual exploitation, forced labour, slavery, adoption and other forms of trafficking. The Pakistan National Action Plan for Combating Human Trafficking (NAPCHT) was adopted in 2006. The National Action Plan for Children (NAPC) also includes elements dealing with the trafficking of children.

Criminal justice response

A specific anti-trafficking unit within the Federal Investigation Agency was established by the national action plan. In addition, an Inter-Agency Task force (LATF) consisting ol all law enforcement agencies was established in 2005.

According to the Federal Investigation Agency, there have been 1,826 cases registered under the PACHTO law from 2003 to 2006. Out of these 1,826 cases, 254 were decided with 222 persons found guilty and convicted and 32 acquittals. Most of the convicted persons were Pakistanis receiving sentences ranging from a few months imprisonment up to 10 years.

Fig. 187: Cases registered under the PACHTO law in Pakistan (2004-2005)

Fig. 188: Number of cases registered under the PACHTO law concluding in a conviction in Pakistan (2004-2005)


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Source: Ministry of Foreign Affairs

Source: Ministry of Foreign Affairs

Services provided to victims

State authorities provide legal protection, temporary stay permits, medical and psychosocial support, and homing and shelter for victims of trafficking in persons. NGOs and international organisations provide medical and psychosocial support and housing and shelter

Additional information

The NGO Lawyers for Human Rights and Legal Aids (LHRLA) identified 10 women and 47 children (42 males and five females) between five and 15 years of age as victims during 2001-2007. Forty-three children were trafficked to Gulf countries in the Middle East for use as camel jockeys, and four were internally trafficked from the Punjab Province to Karachi to he used for bonded labour.

Sri Lanka

Institutional framework

Sri Lanka has had specific provisions in place criminalizing trafficking in persons since 1995. The Convention on Preventing and Combating Trafficking in Women and Children for Prostitution Act was introduced in 2005 and amended in 2006 in order to criminalize all the forms of trafficking listed in Article 3 of the UN Trafficking Protocol.

Criminal justice response

The police department has a Women and Child Bureau in Colombo. This bureau handles cases specifically dealing with women and children, including victims of trafficking in persons. According to the police department's website, there are 36 Women and Child Bureau Desks operating in Sri Lanka.

Fourteen cases of trafficking in persons were recorded by the police in 2005 and 35 were recorded in 2006. Through June 2007, 16 cases were reported for that year. There were no convictions for trafficking in persons in Sri Lanka between 2005 and June 2007.

Services provided to victims

State authorities and NGOs provide legal protection, medical and psychosocial support, and housing and shelter for victims of trafficking in persons.

Additional information

There are no clear statistics on the number of victims identified by State authorities. However, most (if not all) victims are Sri Lankan, according to the Ministry of Child Development and Women's Empowerment, the Sri Lanka Bureau of Foreign Employment and informal information from NGOs.

Shelters are available for victims of trafficking as well as for persons in general need. These shelters do not have information specifically on human trafficking victims but include all victims who might have received shelter.

Eastern Europe and Central Asia

The following countries are covered in this section: Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan, the Republic of Moldova, the Russian Federation, Tajikistan, Turkmenistan, Uzbekistan and Ukraine.

Any missing information concerning the region was either unavailable or not accessed by UNODC.

Armenia

Institutional framework

The specific offence of trafficking in persons was established in Armenia in 2003. The new National Plan of Action on Combating Trafficking in Persons for 2007-2009 was approved in December 2007 and followed the previous national action plan for 2004-2006.

Criminal justice response

A special police unit on trafficking and illegal migration under the Department against Organized Crime was created in 2005. Trafficking in persons and related offences are dealt with chiefly by this department.

Fig. 189: Persons prosecuted for trafficking in persons in Armenia, by gender (2003-2006)

Fig. 190: Persons convicted of trafficking in persons in Armenia, by gender (2003-2006)


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Source: Ministry of Foreign Affairs

Source: Ministry of Foreign Affairs

Fig. 191: Sanctions for trafficking in persons in Armenia (2004-2006)


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Source: Ministry of Foreign Affairs

Services provided to victims

State authorities provide legal protections, medical and psychological support, and housing and shelter services. Local NGOs provide housing and shelter, medical and psychological support, and legal assistance to victims.

Fig. 192: Victims of trafficking in persons identified by State authorities in Armenia, by gender and age (2004-2006)

Fig. 193: Victims of trafficking in persons sheltered by NGOs in Armenia, by gender and age (2003-March 2007)


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Source: Ministry of Foreign Affairs

Source: Victims of trafficking assisted in Armenia, UNDP

Fig. 194: Age, type of exploitation and citizenship of victims sheltered by NGOs (2003-March 2007)


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Source: Victims of trafficking assisted in Armenia, UNDP

Additional information

All the persons convicted of trafficking in persons in 2005-2006 were Armenian except one, who was a citizen from another country of the region.

The Armenian victims sheltered were repatriated from Southern Europe, the Middle East and other countries of Eastern Europe and Central Asia. Foreign victims were trafficked and exploited in Armenia.

Azerbaijan

Institutional framework

The specific offence of trafficking in persons was established in Azerbaijan in 2005. A national action plan was adopted in 2004.

Criminal justice response

The special Unit to Combat Trafficking in Persons within the Ministry of the Interior was established in June 2004. During the reporting period, the unit had about 50 police officers dedicated to counter-trafficking activities.

Fig. 195: Persons prosecuted for trafficking in persons in Azerbaijan, by gender (2006)

Fig. 196: Persons convicted of trafficking in persons in Azerbaijan, by gender (2006)


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Source: Ministry of the Interior

Source: Ministry of the Interior

Fig. 197: Sanctions for trafficking in persons in Azerbaijan (2006)


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Source: Ministry of the Interior

Services provided to victims

State authorities provide legal protections, temporary visas, medical and psychological support, and housing and shelter. Local NGOs and international organizations provide housing and shelter, medical and psychological support, and legal assistance to victims.

Fig. 198: Victims of trafficking in persons identified by State authorities in Azerbaijan, by gender and age (2006-2007)

Fig. 199: Victims of trafficking in persons identified by State authorities in Azerbaijan, by type of exploitation (2006-2007)


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Source: Ministry of the Interior

Source: Ministry of the Interior

Fig. 200: Victims of trafficking in persons identified by State authorities in Azerbaijan, by citizenship (2006-2007)

Fig. 201: Azeri victims of trafficking in persons identified by State authorities in Azerbaijan, by area of repatriation (2005-2006)


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Source: Ministry of the Interior

Source: Ministry of the Interior

Fig. 202: Victims sheltered by the NGO Clean World in Azerbaijan, by gender and age (2004-2007)

Fig. 203: Victims sheltered by the NGO Clean World in Azerbaijan, by country of citizenship (2004-2007)


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Source: Clean World and IOM

Source: Clean World and IOM

Additional information

Almost all those convicted were involved in trafficking for sexual exploitation, and one was involved in trafficking for forced labour. Most of the Azeri victims identified were returned from other countries and many were victims of internal trafficking. One State-funded shelter for victims of trafficking, with the capacity to assist 50 victims, was opened in October 2006.

Belarus

Institutional framework

The specific offence of trafficking in persons was established in Belarus in 1999, and the law was amended in 2005 to increase the liability for this crime. The specific offence of trafficking in persons is criminalized by the article 181 of the criminal code. In addition, other articles of the criminal code are also used to prosecute trafficking cases, namely the offences of "exploitation of prostitution" and "involvement in the exploitation of prostitution" (article 171), the offence of "stealing persons" (article 182), and "illegal actions directed to job placement abroad" (arti-cle 187). Furthermore, the articles 173 (the involvement of minor in anti-social behaviour) and article 343 (the diffusion of pornographic materials) might be used in trafficking in persons cases. A national action plan was adopted for 2008-2011, following a previous action plan covering 2002-2007.

Criminal justice response

The Department for Drug Control and Prevention of Trafficking in Persons was established within the Ministry of the Interior. The department includes a number of special units and operates at the national, regional and district levels.

The following statistics refer to the specific offence of Trafficking in Persons (article 181) and to the related offences of "exploitation of prostitution" and "involvement in the exploitation of prostitution" (article 171), the offence of "stealing persons" (article 182), and "illegal actions directed to job placement abroad" (article 187).

Fig. 204: Persons prosecuted for trafficking in persons and related offences in Belarus (2003-2006)

Fig. 205: Persons prosecuted for trafficking in persons and related offences in Belarus, by citizenship (2003-2006)


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Source: Ministry of Internal Affairs of the Republic of Belarus

Source: Ministry of Internal Affairs of the Republic of Belarus

Fig. 206: Persons convicted for trafficking in persons and related offences in Belarus (2003-2006)

Fig. 207: Number of crimes registered for trafficking in persons and related offences in Belarus (2003-2006)


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Source: Ministry of Internal Affairs of the Republic of Belarus

Source: Ministry of Internal Affairs of the Republic of Belarus

Fig. 208: Sanctions for trafficking in persons and related offences in Belarus (2003-2006)

Fig. 209: Number of crimes registered for specifically trafficking in persons (art.181) in Belarus (2003-2006)


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Source: Ministry of Internal Affairs of the Republic of Belarus

Source: Ministry of Internal Affairs of the Republic of Belarus

Services provided to victims

State authorities provide legal protections, temporary visas, and medical and psychological support. Local NGOs and international organizations provide housing and shelter, medical and psychological support, and legal assistance to victims. Victims are identified by State agencies, church bodies, NGOs, international organizations, consular staff and other involved parties, who then refer them to the relevant organization providing reintegration assistance.

Fig. 210: Victims of trafficking in persons identified by State authorities in Belarus, by age (2003-2006)

Fig. 211: Victims of trafficking in persons identified by State authorities in Belarus, by form of exploitation (2003-2006)


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Source: Ministry of Internal Affairs of the Republic of Belarus

Source: Ministry of Internal Affairs of the Republic of Belarus

Georgia

Institutional framework

The specific offence of trafficking in persons was established in Georgia in 2003, and a new provision entered into force in June 2007. A national action plan was adopted in 2006.

Criminal justice response

A Division to Combat Trafficking in Persons and Illegal Migration within the Ministry of the Interior was established in 2005. A special inter-agency commission for the coordination of activities against human trafficking and efficient implementation of the action plan, headed by the Prosecutor-General of Georgia, was established by the National Security Council on 1 February 2005.

Fig. 212: Persons investigated for trafficking in persons in Georgia, by gender (2005-2006)

Fig. 213: Persons prosecuted for trafficking in persons in Georgia, by gender (2005-2006)


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Source: Ministry of Foreign Affairs

Source: Ministry of Foreign Affairs

Fig. 214: Persons convicted of trafficking in persons in Georgia, by gender (2005-2006)

Fig. 215: Persons convicted of trafficking in persons in Georgia, by form of exploitation (2005-2006)


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Source: Ministry of Foreign Affairs

Source: Ministry of Foreign Affairs

Services provided to victims

State authorities provide legal protection, temporary visas, medical and psychological support, and housing and shelter. Local NGOs provide legal assistance to victims.

Fig. 216: Victims of trafficking in persons identified by State authorities in Georgia, by gender and age (2005-2006)

Fig. 217: Victims of trafficking in persons identified by State authorities in Georgia, by form of exploitation (2005-2006)


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Source: Ministry of Foreign Affairs

Source: Ministry of Foreign Affairs

Fig. 218: Victims of trafficking in persons identified by State authorities in Georgia, by country of citizenship (2005-2006)


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Source: Ministry of Foreign Affairs

Additional information

Most of the Georgian victims were repatriated from Southern Europe and the Middle East. Eight of these victims were subjected to internal trafficking.

During the reporting period, two shelters were in place in Georgia for victims of trafficking in persons; one in Western Georgia (Batumi, opened in 2006) and one in Tbilisi (opened in 2007) that serves Eastern Georgia. Each shelter can accommodate 10 victims. Over the course of 2007, 15 persons were assisted in these shelters, including three children (whose parents were victims of trafficking); 11 of the victims were Georgian and four were citizens of other countries in the region.

Kazakhstan

Institutional framework

The specific offence of trafficking in persons was established in Kazakhstan in 2006. That same year, the government adopted a national action plan against trafficking in persons. Prior to 2006, Article 128 of the criminal code ("recruitment of persons for the purpose of exploitation") and Article 133 ("trade in minors") were used to prosecute some forms of trafficking in persons.

Criminal justice response

A special anti-human trafficking unit was established within the Criminal Police Committee of the Ministry of the Interior. In total, 45 officers from various police units were engaged in suppressing trafficking-related offences during the reporting period.

Fig. 219: Persons prosecuted for offences related to trafficking in persons in Kazakhstan, by gender (2003-2006)

Fig. 220: Persons convicted of offences related to trafficking in persons in Kazakhstan (2003-2006)


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Source: Ministry of the Interior

Source: Ministry of the Interior

Fig. 221: Sanctions for offences related to trafficking in persons in Kazakhstan (2003-2006)


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Source: Ministry of the Interior

Services provided to victims

The State provides legal protection and temporary stay permits for victims of trafficking in persons. Local NGOs provide legal assistance, and medical and psychosocial support while international organizations provide legal assistance, housing and shelter, and medical and psychosocial support.

Fig. 222: Victims of trafficking in persons sheltered by the NGO Rodnik in Kazakhstan, by age and gender (2005-2007)

Fig. 223: Victims of trafficking in persons sheltered by the NGO Rodnik in Kazakhstan, by form of exploitation (2005-2007)


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Source: Rodnik

Source: Rodnik

Fig. 224: Victims of trafficking in persons sheltered by the NGO Rodnik in Kazakhstan, by country of citizenship (2005-2007)

Fig. 225: Victims of trafficking in persons sheltered by the NGO Women's Resource Centre, by age and gender (2005-2006)


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Source: Rodnik

Source: Women's Resource Centre

Fig. 226: Victims of trafficking in persons sheltered by the NGO Women's Resource Centre, by country of citizenship (2005-2006)

Fig. 227: Victims of trafficking in persons sheltered by the NGO Women's Resource Centre, by form of exploitation (2005-2006)


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Source: Women's Resource Centre

Source: Women's Resource Centre

Additional information

Eight Kazakhs were convicted of trafficking in persons in 2006, as were three more offenders from other parts of the region.

In 2005 and 2006, 14 of the Kazakh victims sheltered by two NGOs were repatriated from the Middle East and one was repatriated from Southern Europe. The other 20 victims were subject to internal trafficking. A third NGO, Sana Sezim, reportedly have sheltered six Uzbeks in the Southern Kazakhstan Oblast in 2008.

Kyrgyzstan

Institutional framework

The specific offence of trafficking in persons was established in Kyrgyzstan in 2003, and the legislation was amended in 2005 in order to criminalize all forms of trafficking as listed in Article 3 of the UN Trafficking Protocol. Prior to 2003, only the recruitment of persons for the purpose of sexual or other exploitation committed through deception was a criminal offence. A draft State Programme to Combat Trafficking in Persons (2008-2010) was under consideration by the government in 2008.

Criminal justice response

A special unit to combat kidnapping, trafficking in persons and crimes against foreign nationals was established in 2004 under the Criminal Investigation Department of the Ministry of the Interior. In 2005, a special sector within the State Committee on Migration and Employment was established to combat the smuggling of and trafficking in persons.

Fig. 228: Persons investigated for trafficking in persons in Kyrgyzstan (2003-2007)

Fig. 229: Persons investigated for trafficking in persons in Kyrgyzstan, by gender (2007)


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Source: Ministry of the Interior

Source: Ministry of the Interior

Fig. 230: Persons prosecuted for trafficking in persons in Kyrgyzstan (2005-2006)

Fig. 231: Persons convicted of trafficking in persons in Kyrgyzstan (2005-2006)


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Source: Ministry of the Interior

Source: Ministry of the Interior

Services provided to victims

The State provides legal protection, temporary stay permits and housing for victims of trafficking in persons. Local NGOs and international organizations offer legal assistance, housing and shelter, medical and psychological support, and vocational training. Victims of trafficking are referred to relevant NGOs or shelters by IOM or its partner NGOs, law enforcement agencies or the State Committee on Migration and Employment.

Fig. 232: Victims of trafficking in persons identified by State authorities in Kyrgyzstan (2005-2006)

Fig. 233: Victims of trafficking in persons sheltered by IOM, by country of citizenship (2005-2006)


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Source: IOM-Kyrgyzstan

Source: IOM-Kyrgyzstan

Fig. 234: Regions from which victims of trafficking in persons sheltered by IOM were returned (2005-2006)


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Source: IOM-Kyrgyzstan

Moldova

Institutional framework

The specific offence of trafficking in persons was established in Moldova in 2001, and the legislation was amended in 2005 to criminalize all forms of trafficking as listed in Article 3 of the UN Trafficking Protocol. The amended legislation contemplates a specific provision for trafficking in children. A national action plan was adopted in 2005.

Criminal justice response

A special section for combating trafficking in persons was established within the Ministry of the Interior in 2000. A specific unit on trafficking in persons was created in 2005 within the structure of the Office of the Prosecutor-General, and the Centre on the Fight against Trafficking in Persons was established in the same year. The centre is a specialized body of prosecutors, investigators, analysts and support personnel created to combat trafficking in persons. The total number of police personnel involved in anti-trafficking activities ranged from 50 to 100 officers in 2007.

Fig. 235: Cases of trafficking in persons investigated in Moldova (2002-2007)

Fig. 236: Cases of Trafficking in children investigated in Moldova (2003-2007)


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Source: Office of the Prosecutor-General

Source: Office of the Prosecutor-General

Services provided to victims

State authorities provide legal protections, medical and psychosocial support, and housing services. Local NGOs and international organizations offer housing and shelter, medical and psychosocial support, and legal assistance to the victims. The Ministry of Family, Youth and Children coordinates victim identification, reintegration and rehabilitation through multi-disciplinary teams consisting of representatives from different State authorities and NGOs set up in each district.

Fig. 237: Victims of trafficking in persons identified by State authorities in Moldova (2003-2006)

Fig. 238: Areas from which Moldavian victims identified by State authorities were returned (2007)


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Source: Centre to Combat Trafficking in Persons

Source: Office of the Prosecutor-General

Fig. 239: Victims of trafficking in persons sheltered by IOM in Moldova (2003-2006)

Fig. 240: Victims of trafficking in persons sheltered by IOM in Moldova, by form of exploitation (2005-2006)


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Source: IOM-Moldova

Source: IOM-Moldova

Fig. 241: Areas from which Moldavian victims sheltered by IOM were returned (2005-2006)


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Source: IOM-Moldova

Additional information

During the reporting period, about 10 cases of trafficking for the purpose of organ removal were investigated in Moldova.

Most of the victims sheltered by IOM are women and girls. Thirteen men were sheltered in 2005-2006.

Russian Federation

Institutional framework

The specific offence of trafficking in persons was established in the Russian Federation in 2003 when Article 127-1 (on trafficking in persons) and Article 127-2 (on use of slave labour) were introduced into the criminal code by Law No. 162. This offence covers all the forms of exploitation listed in Article 3 of the UN Trafficking Protocol. In 2008, a draft law amending Article 127.1 of the criminal code was submitted to the State Duma of the Federal Assembly. This draft is particularly intended to improve the definition of trafficking in persons. In addition, other articles of the criminal code are also used to prosecute cases of trafficking in persons, such as "forcing to engage in prostitution" - Article 240, and "organization of prostitution" - Article 241 and the articles criminalizing the production and distribution of illegal pornographic material -- Article 242. In addition the Federal Law on State Protection of Victims, Witnesses and Other Parties to Criminal Proceedings s specifically adopted in cases of trafficking in persons.

Criminal justice response

The Ministry of the Interior is the leading institution in combating trafficking in persons in the Russian Federation through the Department for Maintaining Social Order; the Department for Combating Organized Crime and Terrorism; the Department for Criminal Investigation; and the Investigations Committee.

In addition to the figures represented above, during 2006 and 2007, the competent authorities of the Russian Federarion detected about 3000 cases under the offence of "organization of prostitution" and more than 6000 cases under the offences concerning the production and distribution of illegal pornographic material.

Fig. 242: Cases of trafficking in persons (art. 127-1) detected in the Russian Federation (2006-2007)

Fig. 243: Cases of slave labour (art.127-2) detected in the Russian Federation (2006-2007)


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Source: Permanent Mission of the Russian Federation to the international organisations in Vienna

Source: Permanent Mission of the Russian Federation to the international organisations in Vienna

Fig. 244: Cases of forcing to engage in prostitution (art.240)
detected in the Russian Federation (2006-2007)


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Source: Permanent Mission of the Russian Federation to the international organisations in Vienna

Services provided to victims

Assistance is offered to victims of violence and trafficking by government institutions and by institutions established and operated by women's NGOs. The latter have set up 50 crisis centres in various cities across the country to provide assistance to women, working in close cooperation with law enforcement agencies and local authorities.

A rehabilitation centre for victims of trafficking (Russian nationals who have returned from destination countries and citizens of Eastern Europe, Central Asia and other countries who are exploited in Russia) was opened in April 2007 in Moscow offering comprehensive medical and psychological assistance and other services. The centre is able to assist 19 persons at a time. Eleven specialists work at the centre, including a doctor/therapist, a psychologist, a social worker, a nurse and technicians.

Tajikistan

Institutional framework

The specific offence of trafficking in persons was established in Tajikistan in 2004 and the law was amended in January 2008 to also include trafficking for the purpose of organ removal. In 2006, the government adopted a national action plan against trafficking in persons for 2006-2010.

Criminal justice response

The special Unit to Combat Racketeering, Kidnapping and Human Trafficking was established in April 2004 as part of the Department for the Fight against Organized Crime within the Ministry of the Interior. In 2007, the unit had about 17 full-time police officers.

Fig. 245: Persons investigated for trafficking in persons in Tajikistan (2004-2006)

Fig. 246: Persons prosecuted for trafficking in persons in Tajikistan, by gender (2004-2006)


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Source: Office of the Prosecutor-General

Source: Office of the Prosecutor-General

Fig. 247: Persons convicted of trafficking in persons in Tajikistan, by gender (2004-2006)

Fig. 248: Sanctions for trafficking in persons in Tajikistan (2004-2006)


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Source: Office of the Prosecutor-General

Source: Office of the Prosecutor-General

Services provided to victims

The State provides legal protection and medical and psychosocial support for victims of trafficking in persons. Local NGOs provide medical and psychosocial support, while international organizations provide legal assistance, housing and shelter, and medical and psychosocial support.

Fig. 249: Victims of trafficking in persons identified by State authorities in Tajikistan, by age and gender (2005-2006)


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Source: Office of the Prosecutor-General

Additional information

In 2005 and 2006, all those convicted of trafficking in persons offences were Tajik citizens. Victims of trafficking identified by State authorities in 2005 and 2006 were all Tajik citizens returned from the Middle East and all were victims of sexual exploitation. IOM-Tajikistan sheltered victims of trafficking in persons in 2005 and 2006; all were Tajik, mostly women but also men and children.

The Inter-Ministerial Commission on Combating Human Trafficking under the Government of Tajikistan, together with IOM and some NGO partners, recently established a provisional referral mechanism.

Turkmenistan

Institutional framework

A law on combating trafficking in persons was adopted in Turkmenistan and entered into force in December 2007, but the law does not specifically establish trafficking in persons as an offence.

Criminal justice response

Turkmenistan has no specific police unit for combating trafficking in persons, though the State Service for Registration of Foreigners (SSRF) is the de facto leading agency on combating trafficking in persons.

During the reporting period, no prosecutions and no convictions for trafficking in persons were recorded in Turkmenistan. One case of sexual exploitation was prosecuted in 2005 and concluded with a conviction.

Services provided to victims

There is no official referral mechanism in place for victims of trafficking in persons.

Between 2003 and 2006, there were no victims of trafficking in persons identified by State authorities.

A registered NGO conducted prevention and sheltering activities for trafficking victims during the reporting period. All victims sheltered in 2005 and 2006 were adult Turkmen citizens returned from abroad. Four women were sheltered in 2005, and seven women and one man in 2006. Three of them were trafficked for forced labour (in 2006) and the remaining were trafficked for sexual exploitation.

Ukraine

Institutional framework

The specific offence of trafficking in persons was established in Ukraine in 1998. The criminal code was emended and in 2001 the new offence of trafficking in persons was established under the article 149 of the Criminal Code. This article was amended later in 2006. A National Action Plan has been adopted for the period 2007-2010.

Criminal justice response

The Department for Combating Human Trafficking of the Ministry of the Interior was created in 2005. Regional branches, divisions and units of the department were established in all regions of Ukraine. The National Security Service also works closely with the relevant authorities responsible for coordinating anti-trafficking activities in Ukraine.

Fig. 250: Persons convicted of trafficking in persons in Ukraine (2003-2006)


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Source: Department for Combating Human Trafficking Offences, Ministry of the Interior

Services provided to victims

State authorities provide legal protection, medical and psychological support, and housing and shelter. Local NGOs and international organizations provide housing and shelter, medical and psychological support, and legal assistance to victims. In addition, housing allowances, micro-enterprise grants, educational grants, vocational training and physical therapy also are provided by the State and NGOs as well as IOM.

Fig. 251: Victims of trafficking in persons identified by State authorities in Ukraine, by age (2003-2006)

Fig. 252: Ukrainian victims of trafficking in persons repatriated by IOM-Ukraine, by areas of repatriation (2005-2006)


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Source: Department for Combating Human Trafficking Offences, Ministry of the Interior

Source: IOM-Ukraine

Uzbekistan

Institutional framework

The specific offence of trafficking in persons was established in Uzbekistan in April 2008. Prior to that law, Article 135 of the criminal code (1994) provided criminal liability for the "recruitment of persons for the purpose of sexual or other exploitation". In early 2008, a draft plan of action to combat trafficking in persons was submitted to the Cabinet of Ministers for approval.

Criminal justice response

The Special Unit to Combat the Illegal Recruitment and Exploitation of Persons was established in April 2004 within the Ministry of the Interior, with branches set up at the regional and local levels nationwide. Since its establishment, a total of 118 certified officers have worked for the unit and its branches.

A special unit also exists within the Ministry of the Interior for the prevention of offences related to the recruitment of persons for the purposes of exploitation and offences against morality, with branches at the regional and local levels. The total number of officers working for this unit and its branches is 154.

The following statistics refer to the offence of recruitment of persons for the purpose of sexual or other exploitation.

Fig. 253: Persons prosecuted for "recruitment for exploitation" in Uzbekistan, by gender (2003-2006)

Fig. 254: Persons convicted for "recruitment for exploitation" in Uzbekistan (2003-2006)


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Source: Ministry of the Interior

Source: Ministry of the Interior

Fig. 255: Sanctions for persons convicted of "recruitment for exploitation" in Uzbekistan (2003-2006)


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Source: Ministry of the Interior

Services provided to victims

State authorities provide legal protection for victims of trafficking in persons. Local NGOs and international organizations provide legal assistance, housing and shelter, and medical and psychosocial support.

Fig. 256: Victims of trafficking in persons identified by State authorities in Uzbekistan, by age (2003-2006)

Fig. 257: Victims of trafficking in persons identified by State authorities in Uzbekistan, by gender (2003-2006)


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Source: Ministry of the Interior

Source: Ministry of the Interior

Additional information

IOM-Uzbekistan sheltered and assisted victims of trafficking in persons between 2003 and 2006, most of whom were women and children. Sexual exploitation was the major form of exploitation, but there were also victims trafficked for forced labour.

Western and Central Europe

The 38 countries and specially administered territories covered in this section are: Albania, Austria, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Montenegro, the Netherlands, Norway, Poland, Portugal, Romania, Serbia, Kosovo (Serbia), Slovakia, Slovenia, Spain, Sweden, Switzerland, the FYR Macedonia, Turkey and the United Kingdom.

Any missing information concerning the region was either unavailable or not accessed by UNODC.

Albania

Institutional framework

The specific offence of trafficking in persons has existed in Albania since 2001, and a national action plan on trafficking in persons was adopted in 2005.

Criminal justice response

The sector against illicit trafficking within the General Directorate of the State Police deals with all forms of trafficking, including narcotics, vehicles, weapons and human trafficking. Thirteen officers were assigned full time to the policing of human trafficking in 2007.

Fig. 258: Persons investigated for trafficking in persons in Albania (2003-2006)

Fig. 259: Persons arrested for trafficking in persons in Albania (2003-2006)


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Source: The Research Directory, General Prosecutor's Office

Source: The Research Directory, General Prosecutor's Office

Fig. 260: Persons convicted of trafficking in persons in Albania, by gender (2003-2006)

Fig. 261: Sanctions for trafficking in persons in Albania (2003-2006)


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Source: Ministry of Justice, Albania

Source: Ministry of Justice, Albania

Services provided to victims

State authorities provide legal protection, temporary stay permits, medical and psychosocial services, and housing and shelter to support victims of trafficking in persons. NGOs and international organizations also offer medical and psychosocial support and housing and shelter.

Fig. 262: Victims of trafficking in persons identified by State authorities in Albania, by gender and age (2003-2006)

Fig. 263: Victims of trafficking in persons identified by State authorities in Albania, by type of exploitation (2005-2006)


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Source: National Reception Centre for Victims of Trafficking

Source: National Reception Centre for Victims of Trafficking

Fig. 264: Victims of trafficking in persons identified by State authorities in Albania, by citizenship (2005-2006)

Fig. 265: Victims of trafficking in persons identified by State authorities in Albania, by country of repatriation (2005-2006)


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Source: National Reception Centre for Victims of Trafficking

Source: National Reception Centre for Victims of Trafficking

Additional information

The Albanian Government introduced new anti-trafficking structures at the national and local levels in 2006. The responsible authority for the national referral mechanism was established following a joint order of the Minister of Interior; the Minister of Foreign Affairs; and the Minister of Labour, Social Affairs and Equal Opportunities.

Austria

Institutional framework

The specific offence of trafficking in persons has existed in Austria since May 2004. The offence of trafficking in human beings is specifically criminalized under article 104a of the Austrian Penal code. Some forms of trafficking in persons were prosecuted prior to 2004 under article 217 of the criminal code referred to as the offence of "exploitative human smuggling". Before and after 2004, some forms of trafficking were also prosecuted under the offences of "Cross-border dealings in prostitution" (Article 217), "Paid negotiation of sexual contacts with minors" (Article 214), "Exploitation of an alien" (Article 166 of the Aliens Police Act) and others. The latest national action plan was adopted in 2007. It takes a comprehensive approach to combating human trafficking and includes measures for national coordination, prevention, protection of victims, prosecution and international cooperation.

Criminal justice response

The Austrian Federal Criminal Intelligence Service (Bundeskriminalamt) has a special "Central Service for Combating Trafficking in Human Beings and Illegal Immigration" as well as an "Office for Organized Crime" which also deals with trafficking cases. The Central Service for Combating Trafficking in Human Beings and Illegal Immigration leads and coordinates services of law enforcement authorities and agencies as well as investigations in the area of criminal and security police investigations. Furthermore, regional police forces have special units to combat trafficking in persons.

Fig. 266: Persons suspected of trafficking in persons (art.104a) in Austria, (2005-2007)

Fig. 267: Persons suspected of "cross-border trafficking of prostitutes" (art.217) in Austria, (2005-2007)


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Source: Police Criminal Statistics of Austria

Source: Police Criminal Statistics of Austria

Fig. 268: Persons convicted of trafficking in persons for "cross-border trafficking of prostitutes" and "exploitation of aliens" in Austria (2005-2007)


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Source: Ministry of Justice, Austria

Services provided to victims

State authorities provide temporary stay permits for victims of trafficking in persons. NGOs provide legal assistance, medical and psychosocial services, and housing and shelter to support victims.

About 130 victims per year are taken care of by the NGO LEFO-IBF, although these victims are not necessarily sheltered.

Children, both boys and girls, sheltered by State authorities in Vienna ranged from 100 to 700 per year during the reporting period. The authorities estimated that approximately two thirds of the sheltered children were victims of human trafficking. South Eastern Europeans, East Asians and other nationalities were recorded among the sheltered persons.

Fig. 269: Victims of trafficking in persons sheltered by NGOs in Vienna (2003-2007)


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Source: NGO LEFÖ-IBF

Belgium

Institutional framework

The specific offence of "trafficking in and smuggling of human beings" has existed in Belgium since 1995. The law was amended in 2005 to make a clearer distinction between smuggling and trafficking in human beings. Under the new law, trafficking in human beings became an autonomous offence in the Belgium Criminal Code.

Criminal justice response

A Central Unit on Trafficking in Human Beings was created in 1992 and integrated into the Federal Judicial Police and the Directorate General of Federal Judicial Police. This unit is part of the Directorate of Crimes against (the integrity of) Persons. A Board of Prosecutors General was set up by the Law of 4 March 1997 in order to coordinate the implementation of the criminal policies indicated by the directives of the Minister of Justice.

Criminal justice statistics concerning trafficking in persons and the smuggling of migrants were aggregated into a single databank. Consequently, it is necessary to handle this data with caution because information on cases of trafficking in human beings and cases of smuggling in human beings is mixed.

Fig. 270: Persons convicted of trafficking in persons and smuggling of migrants in Belgium, by gender and age (2003-2005)

Fig. 271: Sanctions for trafficking in persons in Belgium (2003-2005)


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Source: Databank of the condemnations - Federal Public Service of Justice

Source: Databank of the condemnations - Federal Public Service of Justice

Services provided to victims

State authorities provide legal temporary/unlimited stay permits to victims on certain conditions. NGOs, funded by the State authorities, provide medical and psychosocial services, legal support and housing and shelter.

Fig. 272: Victims of trafficking in persons and smuggled migrants identified by State authorities in Belgium, by age (2004-2006)

Fig. 273: Victims of trafficking in persons and smuggled migrants identified by State authorities in Belgium, by exploitation (2005-2006)


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Source: Immigration Office - Federal Public Service of Home Affairs

Source: Immigration Office - Federal Public Service of Home Affairs

Fig. 274: Victims of trafficking in persons and smuggled migrants
identified by State authorities in Belgium, by citizenship (2005-2006)


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Source: Immigration Office - Federal Public Service of Home Affairs

Additional information

According to the Immigration Office, in 2006, 73 males and 87 females were identified as victims. The statistics on the victims reported above includes migrants smuggled as well as trafficking victims. The number of smuggled migrants is clearly stated in the chart on exploitation.

Bosnia and Herzegovina

Institutional framework

The specific offence of trafficking in persons has existed in Bosnia and Herzegovina since 2003. The definition of trafficking in human beings was amended in 2005. Three State Action Plans have been developed in Bosnia and Herzegovina since 2001. The current action plans cover the period 2008-2012.

Criminal justice response

A specialized team dedicated to investigating cases of trafficking in human beings was established within the State Investigation and Protection Agency in 2004. Thirty-two officers were assigned full time to the policing of human trafficking in 2007.

In 2005, 17 persons were indicted for trafficking in persons. In 2006, 23 persons were convicted in first instance for trafficking in persons.

Services provided to victims

State authorities provide legal protection and temporary stay permits for foreign victims of human trafficking. Medical and psychosocial services, housing and shelter are provided by authorized NGOs, with the financial support of the State.

Fig. 275: Victims of trafficking in persons identified by the Police plus victims assisted by NGOs in Bosnia and Herzegovina, by gender and age (2005-2006)

Fig. 276: Victims of trafficking in persons identified by the Police plus victims assisted by NGOs in Bosnia and Herzegovina, by citizenship (2005-2006)


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Source: Office of the State Coordinator for the Fight against Trafficking in Human Beings

Source: Office of the State Coordinator for the Fight against Trafficking in Human Beings

Additional information

All the victims identified in 2005 and 2006 were trafficked for the purpose of sexual exploitation, with the exception of three victims who were exploited for forced labour. Only one of the Bosnian victims identified in the reporting period was repatriated. That victim was trafficked in Western Europe.

The number of victims identified by the police and sheltered by NGOs was around 50 in 2003 and slightly more in 2004. During the reporting period, the authorities recorded a slighty decreasing trend in the number of foreign victims and a drastic increase in domestic trafficking.

Bulgaria

Institutional framework

In 2002 amendments to the Bulgarian Penal Code special section, entitled "Trafficking in human beings" was added under the chapter "Crimes against the persons". This section criminalizes specifically trafficking in human begins for sexual exploitation forced labour and for other purposes. In 2006, the offence of trafficking of pregnant women for the purposes of selling babies was introduced in the Penal Code (art. 159a). A National Programme for Prevention and Counteraction of Trafficking in Human Beings and Protection of Victims is adopted every year.

Criminal justice response

A specialized trafficking in human beings section was set up within the Chief Directorate Combating Organized Crime (CDCOC). Thirteen police officers were assigned full time to address trafficking in persons in 2008.

Fig. 277: Persons investigated for trafficking in persons in Bulgaria (2004-2008)

Fig. 278: Persons indicted for trafficking in persons in Bulgaria (2003-2006)


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Source: The Supreme Cassation Prosecutor Office in Bulgaria

Source: The Supreme Cassation Prosecutor Office in Bulgaria

Fig. 279: Persons sentenced for trafficking in persons in Bulgaria (2004-2008)


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Source: The Supreme Cassation Prosecutor Office in Bulgaria

Services provided to victims

Legal protection, temporary stay permits, medical and psychosocial services, and housing and shelter are provided by the State to support victims of trafficking in persons. Medical and psychosocial support and housing services also are provided by NGOs and international organizations.

Fig. 280: Victims of trafficking in persons identified by State authorities in Bulgaria, by gender and age (2004-2006)


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Source: The National Commission for Combating Trafficking of Human Beings

Additional information

A national referral mechanism for victims of trafficking is under development in Bulgaria. The National Commission for Combating Trafficking in Human Beings maintains a central database on trafficking victims.

About 50 of the traffickers convicted in 2006 received a sentence of up to three years of imprisonment and nine received a sentence of from three to 15 years in prison.

There are currently three State-run shelters for child victims of trafficking in Bulgaria. Each of these shelters has the capacity to house up to 10 children.

Croatia

Institutional framework

The specific offence of trafficking in persons as existed in Croatia since 2004. The provisions concerning this offence were amended in 2007 to broaden the criminal liability of offenders. The National program for suppression of trafficking in human beings 2005-2008 was adopted in 2004. Each year a yearly National Action Plan on Human Trafficking is adopted by the government.

Criminal justice response

All 20 police districts in Croatia have specialized police officers dealing with trafficking in human beings.

According to the Croatian Government's Office for Human Rights, 20 persons were prosecuted for trafficking in persons and slavery (16 from Croatia, three from Bosnia and Herzegovina and one person without citizenship).

Fig. 281: Offenders in trafficking in persons cases in Croatia (2004-2006)


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Source: European Commission, Council of Europe

Services provided to victims

Fig. 282: Victims of trafficking in persons identified by State authorities in Croatia (2004-2007)

Fig. 283: Victims of trafficking in persons identified by State authorities in Croatia, by citizenship (2005-2007)


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Source: Croatian Government's Office for Human Rights

Source: Croatian Government's Office for Human Rights

Additional information

In December 2007, a Cooperation Agreement was signed between the Office for Human Rights and the PETRA Network. In June 2008, within the CARDS 2004 Project "Combating Trafficking in Human Beings", a Cooperation Protocol was signed between the Ministry of Interior, Ministry of Health and Social Welfare and civil society organizations, with a view of providing assistance and protection to the victims of human trafficking.

IOM's Second Annual Report on Victims of Trafficking in South-Eastern Europe 2005 reported that, during 2003-2004, 27 victims were assisted by IOM in Croatia. Fourteen of the victims were trafficked for sexual exploitation, three for forced labour, eight suffered mixed exploitation and two were forced to perform illegal activities. These IOM figures included foreign and Croatian trafficking victims identified and assisted in Croatia and voluntarily returned to their countries of origin.

Cyprus

Institutional framework

The specific offence of trafficking in persons for sexual exploitation has existed in Cyprus since 2000. New legislation was adopted in 2007 covering all of the other forms of trafficking listed in Article 3 of the UN Trafficking Protocol. Prior to 2007, some forms of trafficking in persons were prosecuted under other offences such as sexual exploitation, and procuring and living off the earnings of prostitution. A Plan of Action for the Coordination of Actions on Combating Trafficking in Human Beings and Sexual Exploitation of Children was adopted in 2005.

Criminal justice response

The Office of Combating Trafficking in Human Beings has been operating since 2004 at the headquarters of the Cyprus police. Four officers were assigned full time in 2007 to the policing of trafficking in persons.

The following statistics refer to offences related to trafficking: sexual exploitation, and procuring and living off the earnings of prostitution.

Fig. 284: Persons investigated for offences related to trafficking in persons (2003-2006)


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Source: Police Headquarters, Cyprus

Services provided to victims

State authorities provide legal protection, temporary stay permits for victims or witnesses, medical and psychosocial services, and housing and /shelter to support victims of trafficking in persons.

Fig. 285: Number of sheltered victims in Cyprus (2004-2006)

Fig. 286: Number of sheltered victims in Cyprus, by citizenship (2005-2006)


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Source: Social Welfare Services

Source: Social Welfare Services

Additional information

All victims sheltered in 2004-2006 were women trafficked for sexual exploitation because the law at that time referred only to sexual exploitation as a form of trafficking.

Six residential facilities were available for victims of trafficking in persons in Cyprus in 2005 and 2006, and the number of beds for victims available in government-run residential facilities was 25 in each year.

Czech Republic

Institutional framework

The specific offence of trafficking in persons has existed in the Czech Republic since 2002. The criminal code was amended in 2004 to include trafficking for forced labour as well as for other forced services.

Criminal justice response

A special Human Trafficking Department in the Organized Crime Unit of the Criminal Police and Investigation Service Office of the Police of the Czech Republic dedicated to investigating human trafficking has been in operation since 1996. A special Forced Labour Section was created in 2006. In 2007, there were 50 officers assigned full time to the policing of human trafficking within the Human Trafficking Department and Forced Labour Sections.

Fig. 287: Persons investigated for trafficking in persons in the Czech Republic (2003-2006)

Fig. 288: Persons prosecuted for trafficking in persons in the Czech Republic, by gender (2003-2006)


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Source: Czech Police statistics, Ministry of Justice

Source: Ministry of Justice

Fig. 289: Persons convicted of trafficking in persons in the Czech Republic, by gender (2003-2006)

Fig. 290: Sanctions imposed on persons convicted of trafficking in the Czech Republic, by gender (2003-2006)


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Source: Ministry of Justice

Source: Ministry of Justice

Services provided to victims

A special programme to support and protect victims of trafficking in human beings was created in 2003. This system provides care and protection, including shelter, alimentation, legalization of stay, medical, psychological, legal and educational assistance, and work permits. The Social Services Act (in force since January 2007) also provides the possibility of services such as shelter, which are usually provided by NGOs.

Fig. 291: Victims of trafficking in persons identified by State authorities in the Czech Republic (2003-2006)

Fig. 292: Victims of trafficking in persons assisted by the Programme to Support and Help Victims of Trafficking in Human Beings in the Czech Republic (2003-2006)


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Source: Czech Police statistics

Source: Programme to Support and Help Victims of Trafficking in Human Beings

Fig. 293: Victims of trafficking in persons assisted by the Programme to Support and Help Victims of Trafficking in Human Beings in the Czech Republic, by citizenship (2005-2006)


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Source: Programme to Support and Help Victims of Trafficking in Human Beings

Additional information

A referral mechanism for those identified as victims of trafficking in persons has been operating since 2003 with the participation of the Ministry of the Interior, various police units, NGOs, IOM and asylum facilities.

All persons convicted of trafficking in 2005-2006 subjected their victims to sexual exploitation. Of the victims of trafficking in persons assisted by the Programme to Support and Help Victims of Trafficking in Human Beings, 17 were subjected to sexual exploitation in 2005. In 2006, 10 victims suffered sexual exploitation and four were subjected to forced labour.

Denmark

Institutional framework

The specific offence of trafficking in persons was established in Denmark in 2002. The latest action plan to combat human trafficking was adopted in 2007 to cover the period 2007-2010. This plan includes all victims of trafficking in persons, whereas the previous action plan focused only on women trafficked for sexual exploitation.

Criminal justice response

The Domestic Investigative Centre of the Danish National Police carries out national and systematic monitoring of, among other crimes, trafficking in human beings.

Fig. 294: Number of reported trafficking offences in Denmark (2003-2007)

Fig. 295: Number of persons charged for trafficking in persons in Denmark (2003-2007)


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Source: Danish National Police

Source: Danish National Police

Fig. 296: Number of persons convicted of trafficking in Denmark (2004-2007)


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Source: Danish National Police

Services provided to victims

Victims trafficked for prostitution have the option of staying in a crisis centre that suits their specific situation, and they are granted a reflection period to consider whether to cooperate with the police. The Danish Immigration Service, in collaboration with the Centre for Human Trafficking, offers health treatment, psychological support, legal assistance and social-pedagogical assistance to victims during their stay. NGOs offer health, legal and social services, and support for the safe return of victims.

Additional Information

According to national authorities, most of the trafficking that takes place in Denmark is trafficking in women for prostitution. However, a few examples of trafficking in children also have been noted. Authorities recorded no instances of trafficking for forced labour during the reporting period.

Estonia

Institutional framework

The specific offence of trafficking in persons does not exist in the legislation of Estonia. Other articles in the penal code, such as enslaving, abduction, unlawful deprivation of liberty, aiding prostitution (pimping) and removal of organs, are used to criminalize some forms of trafficking. A national action plan (development plan) dealing with trafficking in persons was adopted in 2006.

Criminal justice response

A specific police unit within the Northern Police Prefecture deals with offences related to trafficking in human beings. Given that there is no legislation specifically criminalizing trafficking in persons, no prosecutions and no convictions were recorded during the reporting period.

According to the statistics, the police in Estonia registered 135 cases in 2006 and 136 cases in 2007 related to human trafficking. In 2006, 84 persons were convicted of committing crimes related to human trafficking; 77 persons in 2007; and 76 persons in the first half of 2008.

Services provided to victims

Trafficked women as well as victims of forced prostitution are assisted by social and psychological rehabilitation centres. Victim support programmes/services include temporary residence permits provided by the State, and legal protection, medical and psychological support, and housing and shelter provided by NGOs.

Three shelters for trafficking victims were opened in 2007, one in Tallin, one in Tartu and one in Johvi. Each shelter can house two victims at a time. In 2007 these shelters assisted six trafficking victims. As overall, Estonian NGOs have identified about 52 victims of trafficking during the first 9 months of 2008.

Exact data on the number of victims of human trafficking is not available due to the lack of specific anti-trafficking legislation.

Additional information

Anti-trafficking hotline is in operation since 2004. It advises around 300 people each year on how to work/study safely abroad, how to avoid trafficking, etc.

Finland

Institutional framework

The specific offence of trafficking in persons was established in Finland in 2004. Some forms of trafficking were prosecuted under "aggravated pandering", "aggravated arrangement of illegal entry" and "usury type of discrimination at work". The first National Action Plan against Trafficking in Human Beings was adopted in 2005. A revised version was adopted on 25 June 2008.

Criminal justice response

The National Bureau of Investigation has specific officers dealing full time with cases of trafficking in persons. The first prosecutions for trafficking in persons during the reporting period occurred in 2006 in one case against seven persons, two of whom were Finnish citizens and five of whom were Estonians (six males and one female). All seven persons were convicted in 2006, with each found guilty in district court of at least aggravated trafficking in persons for sexual exploitation. Another male was found guilty of pandering in the same case. The sentences varied from one to five years of imprisonment.

Fig. 297: Persons investigated for trafficking in persons in Finland (2004-September 2008)


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Source: Statistics Finland

Services provided to victims

State authorities (two state reception centers) provide legal and other counseling, crisis therapy, social and health services, interpreter services and other support services, accommodation or housing, social assistance and other necessary care, and support for a safe return. State authorities also provide reflection periods as well as temporary and continuous residence permits. The reception centers may organize the services and support measures themselves or outsource them from a public or private service provider, e.g. NGOs. NGOs can also claim government subsidy for outreach and counseling work concerning victims of trafficking. They have also run state-subsidized projects focused on victims of trafficking. Furthermore, municipalities are responsible for victims having official residence in the municipality. Also municipalities can claim government subsidy for the costs of special services required because of victimization for a person resident in the municipality.

Additional information

There has been an assistance system for victims of trafficking since 2005 coordinated and provided by two reception centres (maintained by the State) for asylum seekers. The system was formalised by an amendment to the Act on the Integration of Immigrants and Reception of Asylum Seekers (493/1999) in the beginning of 2007. Data exists from 2005 onwards.

Since 2005, a total of 20 victims have been assisted by the coordination of the Joutseno Reception Centre and 11 (minors) by the Oulu Reception Centre. They had been exploited for forced labour and sexual purposes and some of the victims had been in transit. The victims were from East Asia, East and Central Europe, the Middle East, Africa and South America.

France

Institutional framework

The specific offence of trafficking in persons was established in France in 2003 through Article 225-4-1 of the French Criminal Code. The definition of the offence criminalizes all forms of trafficking indicated in Article 3 of the UN Trafficking Protocol, with the exception of trafficking for the purpose of the removal of organs and for servitude.

French authorities also use other articles in the criminal code to prosecute trafficking cases, in particular the offence of soliciting prostitution (Articles 225-5 to 225-12 of the French Criminal Code), and the offences of "labour and living conditions against human dignity" (Articles 225-13 to 225-16 of the French Criminal Code).

Criminal justice response

According to the French authorities the number of cases of trafficking in persons prosecuted through the offence of trafficking in human beings (Article 225-4-1) is very limited. Human Trafficking cases are mostly prosecuted through the offences of "soliciting prostitution" in cases of sexual exploitation and of "labour and living condition against human dignity" in the cases of trafficking for forced labour.

The - Office Central pour la Répression de la Traite des Êtres Humains (OCRTEH) - handles trafficking in persons cases for sexual exploitation and prostitution. OCRTEH had 32 officers assigned full time to the policing of trafficking in persons in 2007.

The - Office Central de Lutte contre le Travail Illégal (OCLTI) - handles cases of trafficking in persons for forced labour under the offences of "labour and living conditions against human dignity". About 100 cases were investigated per year for various forms of trafficking for forced labour in 2006 and 2007. From January to September 2008, 32 cases have been investigated under this offence, involving 55 presumed offenders.

Fig. 298: Persons investigated for "soliciting prostitution" (Art. 225-5 to 225-12) in France (2003-2006)

Fig. 299: Persons prosecuted for "soliciting prostitution" (Art. 225-5 to 225-12) in France, by gender (2003-2006)


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Source: OCRTEH - French National Statistics

Source: OCRTEH - French National Statistics

Fig. 300: Persons suspected of "labour and living conditions against human dignity" (Articles 225-13 to 225-16) in France, by citizenship (January-September 2008)


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Source: OCLTI and Gendarmerie Nationale

Services provided to victims

Legal protection and temporary stay permits for victims and witnesses of trafficking are provided by the State. NGOs offer medical and psychosocial support and housing and shelter.

Fig. 301: Victims of "soliciting prostitution" (Art. 225-5 to 225-12) registered by OCRTEH in France, by gender and age (2003-2006)

Fig. 302: Victims of "soliciting prostitution" (Art. 225-5 to 225-12) registered by OCRTEH in France, by citizenship (2005-2006)


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Source: OCRTEH - French National Statistics

Source: OCRTEH - French National Statistics

Fig. 303: Victims of "labour and living conditions against human dignity" (Articles 225-13 to 225-16) in France, by citizenship (January-September 2008)


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Source: OCLTI and Gendarmerie Nationale

Additional information

Authorities reported that the "Other" origin regions for victims of "soliciting prostitution" were mainly South-East Europe and West-Central Africa. About 40 of the persons prosecuted during the reporting period were minors.

Germany

Institutional framework

The specific offence of trafficking in persons has existed in Germany since 1973. The criminal code was amended in 2005 to include the exploitation of persons as workers within the existing definition of human trafficking.

Criminal justice response

The investigation of human trafficking cases is the responsibility of the State (Länder) police units. Prosecutors who specialize in organized crime also handle human trafficking cases.

Fig. 304: Investigations for human trafficking for the purpose of sexual exploitation in Germany (2003-2007)

Fig. 305: Persons suspected of human trafficking for the purpose of sexual exploitation in Germany (2003-2007)


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Source: Bundeskriminalamt Trafficking in Human Beings

Source: Bundeskriminalamt Trafficking in Human Beings

Fig. 306: Persons suspected of human trafficking for the purpose of sexual exploitation in Germany, by citizenship (2005-2007)

Fig. 307: Persons convicted of trafficking in persons in the former Republic of Germany (West Germany) and East Berlin, by gender (2003-2006)


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Source: Bundeskriminalamt Trafficking in Human Beings

Source: Federal Statistical Office, Conviction Statistics

Fig. 308: Sanctions imposed on persons convicted of trafficking in persons in the former Republic of Germany (West Germany) and East Berlin (2003-2006)


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Source: Federal Statistical Office, Conviction Statistics

Services provided to victims

Legal protection for victims of trafficking is provided by the State and NGOs.

Fig. 309: Victims of trafficking in persons identified by State authorities in Germany, by age (2003-2007)

Fig. 310: Victims of trafficking in persons identified by State authorities in Germany, by citizenship (2005-2007)


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Source: Bundeskriminalamt Trafficking in Human Beings

Source: Bundeskriminalamt Trafficking in Human Beings

Additional information

The above statistics on convictions relate to final decisions where trafficking in persons was the most serious offence (after appeal possibilities were exhausted). Additionally, the statistics refer only to the former Republic of Germany plus East Berlin. Eleven of the persons convicted in 2006 were guilty of trafficking for forced labour, with the remainder involved in trafficking for sexual exploitation. In 2005 and 2006, all victims identified were subjected to sexual exploitation.

The three main NGOs active in the field of human trafficking are the Federal Association against Trafficking in Women and Violence against Women in the Migration Process (KOK), Agisra and SOLWODI. KOK is an umbrella organization with 37 members that provide services, such as counselling centres and shelters, for victims of trafficking.

Greece

Institutional framework

The specific offence of trafficking in persons was established in Greece in 2002. A national action plan to combat trafficking in human brings was adopted in 2006.

Criminal justice response

At the central, strategy level, an anti-trafficking group has been operating within the Public Security Division of the Hellenic Police Headquarters since 2002. At the operational level, regional level, the Hellenic Police counts up to 16 anti-trafficking groups, one in each General Police Division of the country and 2 Sections to Combat Trafficking in Human Beings in the Security Divisions of Attica and Thessaloniki, which constitutes the 3rd Section of the Suppression of Organized Crime Sub-Division.

Fig. 311: Persons arrested for trafficking in persons in Greece (2003-2007)


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Source: Ministry of Public Order

Services provided to victims

State authorities provide legal protection, temporary stay permits, medical and psychosocial services, and housing and shelter to support victims of trafficking in persons. NGOs also offer medical and psychosocial support and housing and shelter.

Fig. 312: Victims of trafficking in persons identified by State authorities in Greece, by gender and age (2003-2007)

Fig. 313: Victims of trafficking in persons identified by State authorities in Greece, by citizenship (2005-2007)


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Source: Hellenic Police Headquarters

Source: Hellenic Police Headquarters

Additional information

The shelters of the National Centre for Social Solidarity (E.K.K.A.) provided accomodation to 18 trafficking victims in 2005 and one victim during the first semester of 2006. Overall, the E.K.K.A. services helped 72 trafficking victims from the beginning of 2005 to mid-2006.

Hungary

Institutional framework

The specific offence of trafficking in persons has existed in Hungary since 1998.

Criminal justice response

The National Investigation Bureau is a special unit responsible for handling cases of trafficking in human beings, terrorism, drug trafficking, money-laundering and other economic crimes. Twenty officers were assigned full time to the policing of human trafficking in 2007.

Fig. 314: Persons investigated for trafficking in persons in Hungary, by gender (2003-2006)

Fig. 315: Persons convicted of trafficking in persons in Hungary, by gender (2003-2006)


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Source: Ministry of Justice and Law Enforcement, Department of Statistics

Source: Ministry of Justice and Law Enforcement, Department of Statistics

Services provided to victims

State authorities provide legal protection, temporary stay permits, financial support for schooling, repatriation assistance, medical and psychosocial services, and housing and shelter to support victims of trafficking in persons. NGOs also offer shelter and housing support. All victims identified in 2005 and 2006 were Hungarian.

Fig. 316: Victims of trafficking in persons identified by State authorities in Hungary, by age and gender (2003-2006)


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Source: Ministry of Justice and Law Enforcement, Department of Statistics

Additional information

There is an official system for referring identified victims of trafficking in persons to the Victim Support Authority, which is responsible for support services.

There is one residential facility available for sheltering victims of human trafficking, with a capacity of 50 beds. Six victims, including one minor, were sheltered by this facility in 2005, while 15 people, including six minors, made use of the services in 2006. There is no information available on the gender of the sheltered victims, but they were all trafficked for the purpose of sexual exploitation. Five out of six sheltered victims in 2005 were Hungarian and one was Romanian; in 2006, 14 victims who received shelter were Hungarian and one was Romanian. Five persons convicted for trafficking in persons during the reporting period were minors.

Iceland

Institutional framework

Iceland's General Penal Code criminalized trafficking in persons in 2003 (Article 227a). The Minister of Justice submitted a new bill in 2007 to the Icelandic Parliament, and a new provision on trafficking in human beings is under consideration in accordance with the UN Trafficking Protocol. This bill is awaiting a second reading in Parliament and is planned for approval in 2008.

Criminal justice response

The Sexual Crime Unit of the Metropolitan Police investigates cases of trafficking in persons. No prosecutions and no convictions for human trafficking were recorded in Iceland during the reporting period.

Services provided to victims

There is no de jure provision for government assistance to victims of human trafficking. Municipal social services and medical care are available to victims just as they are to other citizens and foreigners. In cases involving unaccompanied children, municipal and State child protection services are responsible for providing assistance. The national and local governments also may refer victims to NGOs that provide shelter, legal advice and health care.

Ireland

Institutional framework

Ireland has had specific provisions on international child trafficking as part of its criminal code since 1998. A human trafficking bill entered into force in 2007 with a definition of trafficking in persons that criminalizes all forms of trafficking as indicated in Article 3 of the UN Trafficking Protocol.

Criminal justice response

The Garda National Immigration Bureau has an investigation unit that focuses specifically on trafficking in persons cases.

Services provided to victims

State authorities provide medical and psychosocial support and housing and shelter to victims of trafficking in persons.

Additional information

According to authorities, very few victims of trafficking have been identified so far. The NGO Ruhama provides assistance to women involved in or seeking to exit prostitution.

Italy

Institutional framework

The specific offence of trafficking in persons was established in Italy in 2003 (Article 601 of the penal code). Before and after 2003, some forms of trafficking in persons were prosecuted through the offences of "slavery" (Article 600) and "trade of slaves" (Article 602).

Criminal justice response

According to the Italian criminal procedure code, investigations on human trafficking are conducted by the local anti-mafia bureaus (Direzioni Distrettuali Anti-mafia), and coordinated by the national anti-mafia bureau (Direzione Nazionale Anti-mafia).

According to competent authorities, trafficking in persons cases have been prosecuted through the offences of "trafficking in persons" (Article 601), "slavery" (Article 600) and "trade of slaves" (Article 602). During the reporting period, the same offenders might have been prosecuted for multiple charges simultaneously. As a consequence, the population of offenders likely overlaps to an unknown extent.

Fig. 317: Persons arrested for "trafficking in persons" (Art. 601) in Italy (2004-2007)

Fig. 318: Persons against whom prosecutions were initiated for "trafficking in persons" (Art. 601) in Italy (September 2003-2007)


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Source: Direzione Centrale Polizia Criminale

Source: National Anti-Mafia Bureau

Fig. 319: Persons against whom prosecutions were initiated for "trafficking in persons" (Art. 601) in Italy, by citizenship (2003-2007)

Fig. 320: Persons against whom prosecutions were initiated for "slavery" (Art. 600) in Italy (2003-2007)


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Source: National Anti-Mafia Bureau

Source: National Anti-Mafia Bureau

Fig. 321 : Persons against whom prosecutions were initiated for "trade of slaves" (Art. 602) in Italy (2003-2007)


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Source: National Anti-Mafia Bureau

Services provided to victims

Legal protection, temporary stay permits for victims and witnesses, medical and psychosocial services, and housing are provided by the State. NGOs and international organizations provide legal protection; medical and psychosocial support; housing and shelter; vocational, education and language training; and job placement.

Fig. 322: Victims of trafficking in persons identified by law enforcement authorities in Italy, by age (2003-2007)

Fig. 323: Victims of trafficking in persons identified by law enforcement authorities in Italy, by citizenship (2003-2007)


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Source: National Anti-Mafia Bureau

Source: National Anti-Mafia Bureau

Additional information

The victims discussed above refer only to those identified by law enforcement authorities under the offence of "trafficking in persons" (Article 601). Additionally, about 300 adult and 50 child victims per year were identified under "slavery" (Article 600) during the reporting period, and about five to 20 victims per year were identified under "trade of slaves" (Article 602). Through the Immigration law (legislative decree 286/98), the Social Assistance and Integration Programme for trafficked persons was put in place under the Ministry for Equal Opportunity in 2000. Even though no official national referral mechanism is currently functioning, an operational system for the referral of identified victims has been established by the authorities (Municipalities, Prov-inces and Regions) and accredited NGOs that provide a wide range of assistance and support services within the abovementioned programme. According to the Immigration law (Article 18), once a victim is identified as such by the competent authorities, she or he can pursue either the judicial procedure ("judicial path") or the social procedure ("social path"). While the first entails the cooperation with the law enforcement agencies, the latter requires only the submission of a "statement" (containing provable key-information) by an accredited NGO or by the social services of a local authority on behalf of the victim. Both procedures grant the issuance of a renewable temporary residence permit for humanitarian reasons that can be eventually converted into a residence permit for education or for work.

Between 2003 and 2006, about 950 foreign victims per year were granted a residence permit for humanitarian reasons.

Due to the lack of a central national database on victims of trafficking, the recorded cases of trafficking might overlap to an unknown extent. A central database on victims of trafficking in persons has been designed by the EU-funded project Osservatorio Tratta (led by the NGO Associazione On the Road) and is planned to be soon adopted to harmonize the different Italian sources of information.

Latvia

Institutional framework

The specific offence of trafficking in persons was established in Latvia in 2002. In addition, the offence of sexual exploitation of women abroad was already criminalized in 2000 when the section on "compelling engaging in prostitution" and "sending a person for sexual exploitation" were introduced in the Latvian Penal Code. A national action plan was adopted for the years 2004-2008.

Criminal justice response

A specialized police unit was established in 2003 to investigate cases of trafficking in human beings and 19 officers within the unit were assigned full time to the policing of human trafficking in 2008.

In 2006, 26 persons (12 males and 14 females) were brought into initial formal contact with the police and criminal justice system for the offence of trafficking in persons. Prosecutions against all 26 commenced in 2006 with all the cases relating to trafficking for the purpose of sexual exploitation. In addition, 36 cases of trafficking for sexual exploitation resulted in a sentence in 2006.

Services provided to victims

Legal protection, temporary stay permits, medical and psychosocial support, and housing and shelter are available for victims of trafficking in persons and are provided by the State and NGOs. Medical, psychosocial and other necessary care, protection and support as well as housing and the return of victims are financed from the State budget and are provided by NGOs. Twelve victims of human trafficking have received state funded social rehabilitation in 2007.

Fig. 324: Victims of trafficking in persons sheltered in Latvia, by gender and age (2004-2006)

Fig. 325: Victims of trafficking in persons sheltered in Latvia who have been repatriated (2004-2006)


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Source: Ministry of Welfare

Source: Ministry of Welfare

Additional information

MARTA, a resource centre for women, provided State-funded social rehabilitation in 2006 and 2007. In 2008, the NGO Shelter Safe House provided State-funded services for victims, and IOM has allocated finances for anti-trafficking programmes run by NGOs. There is an official system for referring identified victims of human trafficking to institutions providing special support services.

All of the victims serviced in these programmes were Latvian and were subjected to sexual exploitation. Most victims were repatriated from Western, Northern and Southern Europe. Those who were unrepatriated might have been victims of domestic trafficking.

Lithuania

Institutional framework

The specific offence of trafficking in persons was established in Lithuania in 1998. The Programme for the Prevention and Control of Trafficking in Human Beings for the period 2005-2008 was adopted in 2005, and follows the previous Programme 'covering the period 2002-2004. The Programme covering the period 2009-2012 was under preparation in 2008.

Criminal justice response

The Criminal Police Bureau investigates cases of trafficking in persons.

By the end of 2007, prosecutors had supervised 28 investigations related to human trafficking in Lithuania.

Fig. 326: Persons suspected of trafficking in persons in Lithuania, by gender (2003-2006)

Fig. 327: Persons convicted of trafficking in persons in Lithuania, by gender (2003-2006)


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Source: Ministry of the Interior

Source: Ministry of the Interior

Services provided to victims

Legal protection, temporary stay permits for victims and witnesses, medical and psychosocial support, and housing and shelter services are provided to victims of trafficking.

Fig. 328: Victims of trafficking in persons identified by State authorities in Lithuania, by age (2004-2006)


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Source: Ministry of the Interior

Additional information

A central database on victims of trafficking is administrated by the Ministry of the Interior.

Luxembourg

Institutional framework

The specific offence of trafficking in persons was established in Luxembourg in 2005, but not all forms of exploitation listed in Article 3 of the UN Trafficking Protocol are considered in the legislation. The inclusion in the penal code of trafficking for forced labour, removal of organs and child trafficking was under consideration by the Parliament in 2008.

Criminal justice response

Nine cases of trafficking were investigated and prosecuted during the reporting period, all concerning sexual exploitation. Five of these cases concluded with a sentence, and one of these five involved a child victim.

Services provided to victims

Only a few victims of trafficking have been identified in Luxembourg. Most female victims are from South-East Europe and West Africa. No minors were encountered during police investigations.

Malta

Institutional framework

The specific offence of trafficking in human beings was established in Malta in 2002. The articles 248A et seq. of the Criminal Code, Chapter 9 of the Laws of Malta addresses trafficking for sexual exploitation, forced labour and other forms of trafficking, with no restriction concerning the profile of the victim.

Criminal justice response

Issues regarding trafficking in persons for the purpose of exploitation in the production of goods or provision of services, in prostitution or in the removal of organs are dealt with by the Criminal Investigation Department.

Fig. 329: Persons prosecuted for trafficking in persons in Malta (2004-2007)

Fig. 330: Persons convicted for trafficking in persons in Malta (2004-2007)


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Source: Police Data-Malta

Source: Police Data-Malta

Services provided to victims

The State provides legal protection, temporary stay permits, medical/psychosocial support and housing/shelter exist to support victims of trafficking in persons who cooperate with the law enforcement authorities.

Fig. 331: Victims of trafficking in persons identified by State authorities in Malta (2004-2007)


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Source: Police Data-Malta

Additional information

All the victims identified in 2006 and 2007 were trafficked for sexual exploitation. Victims originated from Eastern Europe and South East Europe.

Montenegro

Institutional framework

The specific offence of trafficking in persons was established in Montenegro in 2003, through the article 444 of the National Criminal Code. In addition, the articles 445 and 446 criminalize accordingly the trafficking in children for adoption and submission to slavery.

Criminal justice response

Fig. 332: Persons prosecuted for trafficking in persons in Montenegro, by gender (2004-2007)

Fig. 333: Persons convicted of trafficking in persons in Montenegro, by gender (2004-2007)


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Source: Office of the National Coordinator for the Fight against Trafficking - Police Directorate and Supreme State Prosecutor Office

Source: Office of the National Coordinator for the Fight against Trafficking in Human Beings -Supreme Court

Services provided to victims

Fig. 334: Victims of trafficking in persons identified by State authorities in Montenegro, by gender and age (2004-2007)

Fig. 335: Victims of trafficking in persons identified by State authorities in Montenegro, by citizenship (2005-2006)


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Source: Office of the National Coordinator for the Fight against Trafficking in Human Beings

Source: Office of the National Coordinator for the Fight against Trafficking in Human Beings

Additional information

The Office of the National Coordinator for the Fight against Trafficking in Human Beings, in cooperation with the OSCE, signed a revised agreement on mutual cooperation with the Supreme State Prosecutor, the Ministry of Labour, Health and Social Welfare, the Ministry of Education and science, the Police Directorate and with three local NGOs to improve the cooperation in the field of prevention, education and prosecution of traffickers and the protection of potential victims of trafficking in human beings.

The Netherlands

Institutional framework

Trafficking in persons was criminalized in the Netherlands in 1911. The previous Article 250a of the Dutch Criminal Code was replaced by a new and extended Article 273a on 1 January 2005 that criminalizes all the forms of trafficking listed in the UN Trafficking Protocol and more. A national action plan on trafficking in persons was adopted in 2005.

Criminal justice response

A specific anti-human trafficking law enforcement agency, the National Trafficking in Human Beings Expert Group (LEM), was established within the National Police Project on prostitution and trafficking in human beings in 1997.

Fig. 336: Persons prosecuted for trafficking in persons in the Netherlands (2003-2006)

Fig. 337: Country of Citizenship at birth of suspects of trafficking in persons in the Netherlands (2001-2005)


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Source: The Bureau Nationaal Rapporteur Mensenhandel (BNRM)

Source: The Bureau Nationaal Rapporteur Mensenhandel (BNRM)

Fig. 338: Persons convicted of trafficking in persons in the Netherlands (2003-2006)

Fig. 339: Sanctions for trafficking in persons in the Netherlands (2003-2006)


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Source: The Bureau Nationaal Rapporteur Mensenhandel (BNRM)

Source: The Bureau Nationaal Rapporteur Mensenhandel (BNRM)

Services provided to victims

State authorities provide legal protections, temporary visas, medical and psychological support, and housing and shelter for victims. Local NGOs provide housing and shelter, empowering programmes and job training.

The following data concern victims identified by the Foundation against Trafficking in Human Beings (Stichting tegen Vrouwenhandel/STV) that has the formal task of national victim registration in the Netherlands.

Fig. 340: Victims (possible) registered with the Foundation against THB (STV) in the Netherlands, by age (2003-2006)

Fig. 341: Nationality of (possible) victims registered with the Foundation against THB (STV) in the Netherlands (2005-2006)


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Source: STV reports/The Bureau Nationaal Rapporteur Mensenhandel (BNRM)

Source: STV reports/The Bureau Nationaal Rapporteur Mensenhandel (BNRM)

Additional information

The Foundation against Trafficking in Human Beings (STV) coordinates referrals to shelters and has the official task of collecting data on identified victims. In 2008, STV changed its name to Comensha.

About 25 minors were prosecuted during the reporting period. All the persons convicted, as indicated in the chart above, were involved in trafficking in persons for the purpose of sexual exploitation. Most of the victims identified were female (women or girls). One male victim was identified in 2004, two males in 2005 and 30 males were identified in 2006.

The National Rapporteur on Trafficking in Human Beings in the Netherlands was established in 2000. The rapporteur's main task is to report on the nature and extent of human trafficking in the Netherlands and on the effects of the anti-trafficking policy. The reports contain information on relevant regulations and legislation, as well as information on prevention, criminal investigations regarding human trafficking, the prosecution of perpetrators and victim support.

Norway

Institutional framework

The specific offence of trafficking in persons comes under section 224 of the penal code in Norway. This provision, introduced in 2003, is based on the UN Trafficking Protocol and covers exploitation for the purpose of prostitution, forced labour, including begging, or trade in human organs. Human trafficking for the removal of organs is covered by other articles of the Penal Code.

The latest action plan to combat human trafficking adopted in Norway covers the period 2006-2009. Human trafficking for prostitution is the dominant area in the plan of action, but compared to earlier plans there is a stronger emphasis on the children's perspective in human trafficking and a wish to focus more strongly on the victims of organ removal and forced labour.

Criminal justice response

Eight cases of trafficking for sexual exploitation were investigated in 2005. In 2006, 29 cases of trafficking for sexual exploitation were investigated and one case of trafficking for forced labour/servitude/labour exploitation was investigated. Seven persons were convicted of trafficking in 2005-2007. Among these convictions, three were Norwegians and the others were foreigners.

The authorities report that in practice people involved in human trafficking will often have contravened several provisions in the Penal Code, such as section 202 (the procurement section), section 222 (coercion), section 223 (deprivation of liberty) and section 225 (slavery), section 227 (threats), section 228 et seq. (physical abuse), section 192 et seq. (sexual crime) and section 47 of the Immigration Act.

Services provided to victims

State authorities and NGOs provide legal protection, temporary stay permits, medical and psychosocial assistance, housing and shelter, and other services to the victims of trafficking in persons. In 2006, the Government extended the reflection period so that assumed victims of human trafficking now may be granted a temporary residence and work permit for up to six months. A new temporary work permit for one year is possible if the person has broken away from the people responsible for human trafficking and a police investigation is initiated against the perpetrators.

The Ministry of Justice designated the ROSA project as the national coordinator for assistance for female victims of trafficking. ROSA was established in January 2005 as a part of the 2003-2005 National Action Plan against Trafficking. During the reporting period, ROSA provided safe shelters, help, information and guidance for female victims of trafficking. All women are provided with money for living, health care and legal aid.

Fig. 342: Victims of trafficking in persons in Norway assisted by ROSA (2005-2007)


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Source: ROSA project

Additional information

Two of the 37 trafficking victims in 2007 were males. The assistance of ROSA is mainly meant for female victims of trafficking who are exploited for prostitution. Several female and male victims received other accommodation financed by municipal authorities, and some applied for asylum and live at reception centres. There are 51 shelters all over the country for female victims of violence. During the reporting period, assistance for victims of trafficking was given in 20 of these shelters.

Poland

Institutional framework

Trafficking in persons is specifically criminalized in Poland by the article 253 of the Polish Penal Code. This article does not define trafficking in persons, and in practice the judiciary adopt the UN Trafficking Protocol definition. In addition, trafficking in persons for prostitution is criminalized by the article 204, of the penal code, whereas illegal adoption is criminalized by the article 253, paragraph 2. A National Programme for Combating and Preventing Trafficking Human Beings was adopted in 2007, following a first Programme adopted in 2003.

Criminal justice response

The Central Team for Combating Trafficking in Human Beings was established in 2006 as a special unit in the police headquarters. Special local police units also deal with human trafficking offences.

About 500 police officers were assigned to this unit full time for the policing of human trafficking and related crimes in 2008.

Fig. 343: Persons charged for trafficking in persons in Poland (2003-2007)


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Source: National Public Prosecutor's Office

Services provided to victims

Legal protection and temporary stay permits are provided by the State, while medical and psychosocial support and housing are offered by NGOs.

According to the Ministry of Interior, during the period 1995-2007 there were 245 trafficking victims from Belarus; 198 from Ukraine; 28 from Bulgaria; 18 from Romania; 17 from Moldavia; and 12 from Russia, among others.

Fig. 344: Victims of trafficking in persons identified by State authorities in Poland, by age (2003-2007)

Fig. 345: Victims of trafficking in persons sheltered by La Strada (2004-November 2008)


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Source: National Public Prosecutor's Office

Source: La Strada

Fig. 346: Victims of trafficking in persons sheltered by La Strada, by citizenship (2005-2006)


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Source: La Strada

Additional information

An official mechanism was established in Poland for referring identified victims of human trafficking to NGOs (mainly La Strada) that offer special support services.

Minors, as referred to in the charts above, are victims below the age of 18. La Strada only provides shelter for adult women, so all of the victims reported above are adults. Most of the sheltered victims were subjected to sexual exploitation.

The Programme for Support and Protection of Victims/Witnesses of Trafficking in Human Beings was implemented on 1 January 2006 to aid foreign nationals, following an agreement between the Minister of Interior and Administration and the La Strada Foundation against Trafficking in Women.

Portugal

Institutional framework

Trafficking for sexual exploitation was criminalized in Portugal in 1995. The trafficking law was amended in 2007 to include trafficking for forced labour, removal of organs and other forms of trafficking. In November 2006, the Portuguese Government launched the First National Plan against Human Trafficking for 2007-2010.

Criminal justice response

Fig. 347: Persons prosecuted for trafficking in persons and sexual exploitation in Portugal, by gender (2003-2006)

Fig. 348: Persons convicted for trafficking in persons and sexual exploitation in Portugal, by gender (2003-2006)


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Source: Comissão para a Cidadania e Igualdade de Género

Source: Comissão para a Cidadania e Igualdade de Género

Services provided to victims

State authorities provide legal protection, medical and psychosocial services, and housing and shelter to support victims of trafficking in persons.

About 25 adult victims of trafficking in persons and sexual exploitation were identified by State authorities during 2003-2007. Almost all these victims were women; one man was identified in 2005; and two men in 2007. During the same period, 12 children - almost all girls - were identified by State authorities as victims of trafficking in persons and sexual exploitation; two boys were identified in 2003; and one boy in 2007. About five Portuguese victims were identified during 2005-2007.

Additional information

The First National Plan includes four strategic intervention areas, including one for "knowledge and dissemination of information". The first national monitoring system, called the Observatory for Permanent Security, was established to monitor trafficking in human beings and other socio-criminal phenomena.

In 2005 and 2006, most persons convicted of trafficking were Portuguese, and about 15 were nationals from other countries. Authorities report that the numbers presented above concern figures dealing with the crime of trafficking in persons (Article 160 of the penal code) and sexual exploitation (lenocinio, Article 169 of the penal code), because these two articles belong to the same statistical category.

Romania

Institutional framework

The specific offence of trafficking in persons was established in Romania in 2001, and the law came into force in 2002. The law punishes all forms of trafficking listed as minimum requirement in the Article 3 of the UN Trafficking Protocol. A National Strategy for Combating Human Trafficking in Persons for 2006-2010 was adopted in 2006.

Criminal justice response

The Directorate for the Investigation of Organized Crime and Terrorism Offences (DIOCTO) was set up in 2004, with the Prosecutor's Office attached to the High Court of Cassation and Justice. Within DICTO, the Bureau to Combat Trafficking in Human Beings was set up during the reporting period. Additionally, within the General Directorate for Combatting Organized Crime (within the General Romanian Police Inspectorate), a special unit to deal with Trafficking in Persons cases was established during the reporting period.

Fig. 349: Persons convicted of trafficking in persons in Romania, by gender (2003-2007)

Fig. 350: Sanctions for trafficking in persons in Romania (2006-2007)


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Source: Resource Centre for Combating Trafficking in Persons of the Inspectorate General of Romanian Police and Directorate for the Investigation of Organized Crime and Terrorism

Source: Resource Centre for Combating Trafficking in Persons of the Inspectorate General of Romanian Police and Directorate for the Investigation of Organized Crime and Terrorisms

Services provided to victims

Legal protection, medical and psychosocial services, and housing and shelter are provided by the State and NGOs to support victims of trafficking in persons. Since 2005, the State also has offered legal assistance and temporary stay permits for victims and witnesses.

Different figures have been provided by different authorities concerning the number of victims identified.

Fig. 351: Victims of trafficking in persons identified by the police in Romania, by gender and age (2005-2007)

Fig. 352: Victims of trafficking in persons identified by the police in Romania, by form of exploitation (2005-2007)


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Source: Resource Centre for Combating Trafficking in Persons of the Inspectorate General of Romanian Police

Source: Resource Centre for Combating Trafficking in Persons of the Inspectorate General of Romanian Police

Fig. 353: Victims of trafficking in persons identified by State authorities in Romania, by type of trafficking (2007)

Fig. 354: Victims of trafficking in persons identified by the Public Ministry in Romania, by gender and age (2005-November 2008)


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Source: Resource Centre for Combating Trafficking in Persons of the Inspectorate General of Romanian Police

Source: Directorate for the Investigation of Organized Crime and Terrorism

Fig. 355: Victims of trafficking in persons identified by the Public Ministry in Romania, by form of exploitation (2005-November 2008)

Fig. 356: Victims of trafficking returned to Romania by IOM (2003-2006)


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Source: Directorate for the Investigation of Organized Crime and Terrorism

Source: IOM

Fig. 357: Areas from which victims of trafficking were returned to Romania by IOM (2005-2006)


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Source: IOM

Additional information

The National Agency against Trafficking in Persons is responsible for monitoring and elaborating the national strategy and the application of policies concerning trafficking in persons. Regional centres, which are under the control of the agency, refer victims to specialized structures such as NGOs or other public authorities. The National Agency against Trafficking in Persons also is responsible for maintaining a central database on the victims of human trafficking.

All the persons convicted of trafficking in 2005 and 2006 were Romanian. Out of 82 appeals in 2006, convictions were upheld in 62 cases; the sentences for 18 of the convicted persons were increased; the punishment was reduced for 23; the sentence remained the same for 21; convictions were overturned in eight cases and a re-trial was ordered; and 12 cases had other non-specified outcomes. Five of the 82 people convicted were minors.

Many of the Romanian victims identified by State authorities and reported above were repatriated, with some repatriation conducted by IOM.

Serbia

Institutional framework

The specific offence of trafficking in persons was established in Serbia in 2003. A national action plan was adopted in 2005.

Criminal justice response

A specific section for combating illegal immigration and trafficking in human beings was established within the Directorate of the Border Police. Other law enforcement special divisions also deal with trafficking issues.

Fig. 358: Persons suspected of trafficking in persons in Serbia (2003-2006)

Fig. 359: Persons prosecuted for trafficking in persons in Serbia (2003-2005)


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Source: Serbian Statistics Office

Source: Serbian Statistics Office

Fig. 360: Persons convicted of trafficking in persons in Serbia (2003-2006)


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Source: Serbian Statistics Office

Services provided to victims

State authorities and NGOs provide legal protection, temporary stay permits, medical and psychosocial services, and housing and shelter to support victims of trafficking in persons.

Fig. 361: Victims of trafficking in persons identified by State authorities in Serbia, by gender and age (2004-2006)

Fig. 362: Victims of trafficking in persons identified by State authorities in Serbia, by citizenship (2005-2006)


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Source: Agency for the Coordination of Protection of Victims of Trafficking in Human Beings

Source: Agency for the Coordination of Protection of Victims of Trafficking in Human Beings

Additional information

The Agency for the Coordination of Protection of Victims of Trafficking in Human Beings coordinates the protection of victims of trafficking, but clear mandates and cooperation with other actors have not yet been formalized.

Two facilities are available for sheltering victims of trafficking. These shelters assisted 30 to 40 victims per year during the reporting period. In 2006, 30 of the victims identified above were trafficked for sexual exploitation, three for forced labour, three for begging and three for forced marriage.

Kosovo (Serbia)

Criminal justice response

During the reporting period, investigations on trafficking in human beings in Kosovo were performed by the Trafficking in Human Beings Section (THBS) of the United Nations Mission in Kosovo Police (UNMIK Civpol). Twenty-six officers from the Kosovo Police Service (KPS) and 26 UNMIK Civpol officers were assigned to this unit in 2005.

Fig. 363: Persons prosecuted for trafficking in persons in Kosovo (Serbia) (2003-2005)

Fig. 364: Persons convicted of trafficking in persons in Kosovo (Serbia) (2003-2005)


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Source: Kosovo Police

Source: Kosovo Police

Services provided to victims

Legal protection, medical and psychosocial services, and housing and shelter exist to support victims of trafficking in persons. A national action plan was adopted in 2005.

According to the Kosovo Police, 85 victims were identified in 2004 and 63 in 2005. About 66 victims were Kosovar Albanian, 22 were Albanian, 16 were Bulgarian, 28 were from Moldova, nine were from other countries in South-East Europe and seven were from other areas.

Slovakia

Institutional framework

The specific offence of trafficking in persons has existed in Slovakia since 2002. In 2005, the legislation was amended, and the new Article 179 was made part of the penal code. The latest national action plan was adopted in 2006.

Criminal justice response

A special anti-trafficking police unit was established in 2004 in Slovakia, and 10 officers worked full time on trafficking in persons in 2007.

Fig. 365: Persons suspected of trafficking in persons in Slovakia, by gender (2003-2007)

Fig. 366: Cases of trafficking in persons investigated in Slovakia (2003-2007)


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Source: Ministry of the Interior

Source: Ministry of the Interior

Fig. 367: Persons prosecuted for trafficking in persons in Slovakia, by gender (2004-2007)

Fig. 368: Persons convicted of trafficking in persons in Slovakia, by gender (2003-2006)


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Source: Department of Trafficking in Human Beings

Source: Ministry of Justice

Services provided to victims

Legal protection for victims is offered by the State and NGOs, and temporary stay permits for victims and witnesses are provided by the State. NGOs provide housing and shelter and, together with international organizations, make available medical and psychosocial and other services such as interpretation for victims of trafficking.

Fig. 369: Victims of trafficking in persons identified by State authorities in Slovakia, by gender (2003-2007)


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Source: Department of Trafficking in Human Beings

Additional information

During the reporting period, an official system was put in place for referring identified victims of trafficking to institutions that provide support services. A central database on victims is operated and maintained by the Department of Trafficking in Human Beings, Sexual Exploitation and Support of Victims in the Organized Crime Bureau of the police headquarters.

One conviction was registered during the reporting period under the new Article 179. The other trafficking convictions were carried out under Article 246 of the penal code.

Note: According to the terminology adopted in Slovakia's Penal Code, the concept of "victim" is more adequately expressed by the term "damaged person".

Slovenia

Institutional framework

The specific offence of trafficking in persons was established in Slovenia in 2004. The offences of "abuse of prostitution" and "placing in a slavery condition" have been used to prosecute some forms of human trafficking before and after the legislative change in 2004. The Slovenian Government adopted several action plans proposed by the National Working Group for the Fight against Trafficking in Human Beings for the period of 2004-2006, 2007 and 2008-2009.

Criminal justice response

Offences related to trafficking in human beings and exploitation of prostitution are investigated by anti-organized crime police units. Fifteen officers were assigned full time to the policing of human trafficking in 2007, and at least one investigator at each of the 11 regional police directorates is responsible for the coordination of activities related to human trafficking and exploitation of prostitution.

Seven Slovenian citizens were convicted of trafficking in persons in 2006; three received a non-custodial sanction; four received five to 10 years of imprisonment; and one received more than 10 years imprisonment. All of those convicted were found guilty of trafficking in persons for the purpose of sexual exploitation, and three of those persons were convicted of trafficking for slavery as well as sexual exploitation.

Fig. 370: Persons investigated for trafficking in persons in Slovenia (2004-2006)

Fig. 371: Persons prosecuted for trafficking in persons in Slovenia, by gender (2004-2006)


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Source: Slovenian Police

Source: Slovenian Police

Services provided to victims

State authorities and NGOs provide legal protection, temporary stay permits, medical and psychosocial services and housing, which include appropriate shelters or other type of accommodation to support victims of trafficking in persons. Victims of trafficking in persons also have access to employment in accordance with the legislation covering the labour relations and employment, as well as employment of foreign nationals.

Fig. 372: Victims of trafficking in persons identified by State authorities in Slovenia, by age (2003-2006)

Fig. 373: Victims of trafficking in persons sheltered in Slovenia, by age (2003-2006)


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Source: Interdepartmental Working Group for the Fight against Trafficking in Persons

Source: Interdepartmental Working Group for the Fight against Trafficking in Persons

Fig. 374: Victims of trafficking in persons sheltered in Slovenia, by citizenship (2005-2006)


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Source: Interdepartmental Working Group for the Fight against Trafficking in Persons

Additional information

In 2005, six of the identified victims of human trafficking were trafficked for the purpose of sexual exploitation, and one was subjected to slavery. In 2006, forty-one victims were subjected to sexual exploitation and three to slavery.

Two residential facilities were available for sheltering victims of trafficking during the reporting period. Fifteen victims of human trafficking who received shelter had suffered sexual exploitation, while one was exposed to forced labour. In 2006, 41 sheltered victims of human trafficking had been subjected to sexual exploitation and three to forced labour.

The three year project "Introduction of mechanism to connect help and protection of victims of trafficking in human beings and/or sexual violence in asylum procedures in Slovenia" (PATS), was conducted in the asylum home in Ljubljana by the Ministry of Interior, in cooperation with the NGO Drustvo Kljuc, and by the Centre for Psycho-social Help for Refugees of the Slovene Philanthropy. The number of users was 35 in 2006 and 96 in 2005. The project targeted populations at risk of human trafficking (asylum applicants) by proposing awareness raising messages in their own languages. The project PATS developed into a regional effort by expanding to other countries in South-East Europe.

Spain

Institutional framework

The specific offence of trafficking in persons was established in Spain in 2008. The new legislation criminalizes sexual exploitation, forced labour and other forms of exploitation. Before the introduction of the new law, forms of trafficking in persons were criminalized through the crimes against freedom, sexual integrity and the rights of the labourer established in the 1995 Penal Code. The Spanish penal code was amended in 1999, 2000, 2003 and 2007 to expand the areas related to human trafficking covered by national legislation. The Spanish Government adopted a National Action Plan against the Sexual Exploitation of Children and Adolescents (the second edition covering 2006-2008).

Criminal justice response

The Judicial Police are in charge of investigating cases of human trafficking.

Fig. 375: Persons suspected of offences related to trafficking in persons in Spain (2003-2007)

Fig. 376: Persons arrested for offences related to trafficking in persons in Spain (2003-2007)


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Source: Centro de Inteligencia contra el Crimen Organizado

Source: Centro de Inteligencia contra el Crimen Organizado

Services provided to victims

State authorities provide temporary stay permits, legal assistance, medical and psychosocial services, and housing and shelter to support victims of trafficking in persons. NGOs provide medical and psychosocial support and housing and shelter.

Fig. 377: Victims of trafficking in persons-related offences identified by State authorities in Spain, by gender and age (2003-2007)

Fig. 378: Victims of trafficking in persons-related offences identified by State authorities in Spain, by form of exploitation (2005-2006)


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Source: Centro de Inteligencia contra el Crimen Organizado

Source: Centro de Inteligencia contra el Crimen Organizado

Fig. 379: Victims of trafficking in persons-related offences identified by State authorities in Spain, by citizenship (2005-2006)


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Source: Centro de Inteligencia contra el Crimen Organizado

Additional information

The Centro de Inteligencia contra el Crimen Organizado (CICO) has developed a system for administrating human trafficking data related to sexual exploitation and forced labour. This system will integrate information on trafficking victims and offenders from different bodies within Spanish law enforcement.

Sweden

Institutional framework

Legislation establishing criminal liability for trafficking in human beings for sexual purposes entered into force in Sweden in 2002. In 2004, the legislation was amended to criminalize all forms of trafficking in persons, including trafficking within national borders and for the purpose of forced labour and the removal of organs. The Swedish Government adopted a national action plan for combating prostitution and trafficking for sexual purposes in July 2008.

Criminal justice response

A specific anti-human trafficking unit within the police was established at the national level as well as on the district levels in two counties (Gothenburg and Stockholm). Sweden also established a national rapporteur on trafficking in persons.

Fig. 380: Persons suspected of trafficking in persons in Sweden, by gender (2003-2006)

Fig. 381: Persons convicted of trafficking in persons in Sweden, by gender (2003-2006)


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Source: National Council for Crime Prevention

Source: National Council for Crime Prevention

Services provided to victims

Since October 2004, victims of trafficking can be granted temporary stay permits during the preliminary investigation of their cases and the trials. Medical and psychosocial support to victims of trafficking is provided by Social Services when there is an ongoing trial against perpetrators. Women's shelters also offer help to women subjected to violence, such as victims of trafficking, and housing and shelter may be provided by Social Services.

Additional information

Of the convictions recorded during 2005-2006, 11 offenders were sentenced to two to four years detention, and six others were sentenced to more than four years. All were convicted of trafficking for sexual exploitation with the exception of one offender who was involved in trafficking for other purposes.

Switzerland

Institutional framework

Human trafficking is a criminal offence in Switzerland. The law on human trafficking (old provision, Article 196 SCC; new provision, Article 182 SCC) was revised in 2006 and adapted to the international definition of human trafficking as found in the UN Trafficking Protocol.

Criminal justice response

The Swiss Coordination Unit against the Trafficking in Persons and the Smuggling of Migrants (KSMM) was established at the beginning of 2003 through an initiative of the Federal Department of Justice and Police (FDJP).

Fig. 382: Persons convicted of trafficking in persons (Art. 196 SCC) in Switzerland (2003-2005)


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Source: Federal Statistical Office

Services provided to victims

Legal protection, temporary stay permits, medical and psychosocial services, and housing and shelter exist to support victims of trafficking in persons.

Fig. 383: Victims of forced prostitution (Art. 195 SCC) and trafficking in persons (Art. 196 SCC) counselled by recognized -victim advisory centres-in Switzerland, by age (2003-2007)

Fig. 384: Victims of trafficking in persons counselled by the Women's Information Centre (FIZ) (2003-2006)


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Source: Federal Statistical Office

Source: FIZ victims' counselling statistics

Fig. 385: Region of origin of trafficking victims counselled by the Women's Information Centre (FIZ) (2006)


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Source: Source: FIZ victims' counselling statistics

Additional information

Some cantons have a cooperation mechanism for referring identified victims of trafficking to organizations providing support services. In the cantons where these cooperation mechanisms exist, an increasing number of human trafficking victims have access to counselling services offered by the Women's Information Centre (Fraueninformationszentrum/FIZ), the advisory centre in Switzerland that specializes in offering this type of support to female trafficking victims.

Statistics are also available from IOM on return, rehabilitation and reintegration assistance for victims of human trafficking in Switzerland. From January 2005 through September 2007, IOM assisted 55 persons.

The Former Yugoslav Republic of Macedonia

Institutional framework

Trafficking in human beings is criminalized in the former Yugoslav Republic of Macedonia (FYR of Macedonia) through Article 418-a of the criminal code which also includes the offence of "organization of a group and urging for committing trafficking". The National Commission for Combating Trafficking in Human Beings and Illegal Migration was established in 2001, and soon after, it developed a National Strategy and National Action Plan for Combating Trafficking in Human Beings.

Criminal justice response

The central police services of the FYR of Macedonia include a department for organized crime under which operates a section dealing with trafficking in human beings and the smuggling of migrants. This section is made up of a unit on trafficking in human beings and prostitution, and another unit on the smuggling of migrants and forged documents.

Fig. 386: Persons prosecuted for trafficking in persons in the FYR of Macedonia (2003-2007)

Fig. 387: Persons prosecuted for the "organization of a group and urging for committing trafficking" in the FYR of Macedonia (2004-2007)


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Source: Ministry of Interior

Source: Ministry of Interior

Services provided to victims

Legal protection, temporary stay permits, medical and psychosocial services, and housing and shelter exist to support victims of trafficking in persons.

Fig. 388: Victims of trafficking in persons identified by State authorities in the FYR of Macedonia, by gender and age (2003-2007)

Fig. 389: Victims of trafficking in persons assisted by IOM in the FYR of Macedonia (2003-2007)


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Source: Ministry of Interior

Source: Ministry of Interior

Fig. 390: Victims of trafficking in persons assisted by La Strada in the FYR of Macedonia (2005-2007)


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Source: Ministry of Interior

Additional information

The National Referral Mechanism (NRM) for victims of trafficking in human beings was established in 2005 as a joint project of the National Commission and the Ministry of Labor and Social Policy. The main task of the NRM is to coordinate activities with NGOs and handle the referral of victims of human trafficking who are citizens of the FYR of Macedonia.

Three of the victims identified by State authorities in 2006 were from the FYR of Macedonia, one was from Eastern Europe and one was from Central Asia. All of the victims identified by the State in 2007 were citizens of the FYR of Macedonia. Fourteen of the victims assisted by IOM in 2006 were foreigners, the rest were citizens of the FYR of Macedonia; 13 of the victims assisted by IOM in 2007 were foreigners, and the rest were citizens of the FYR of Macedonia. All the victims of trafficking assisted by La Strada were citizens of the FYR of Macedonia.

Turkey

Institutional framework

The UN Trafficking Protocol was ratified by Turkey in March 2003. The government amended its criminal code accordingly to prohibit trafficking in human beings (article 201/b). The Article 80 of the new Criminal Code which was put into force in June 2005 defines Trafficking in Persons and foresees sentences to eight to twelve years of imprisonment. Further amendments to the article 80 of the criminal code are expected in 2008. In addition the article on "forced for prostitution" was established in Turkey in 2006.

The National Task Force on the Fight against Human Trafficking (NTF) was established in 2002 under the chairmanship of the Ministry of Foreign Affairs. NTF convenes every two months in Ankara with the participation of relevant institutions/organizations. Representatives of the International Organization for Migration and the European Commission in Turkey also participate in NTF meetings as observers.

A First National Action Plan for Combating Human Trafficking was adopted in 2003. A second National Action Plan was prepared in 2007 and is awaiting approval by the competent authorities.

Criminal justice response

A specific unit on Trafficking in Human Beings was established in 2003 and operates under the Turkish National Police Department for Foreigners, Borders and Asylum. A circular note on the investigation of human trafficking crimes, identification of the victims and the processing applied for victims and a Guideline on the fight against THB were disseminated to relevant organizations, institutions and governorships by the Ministry of Interior, Directorate General for Security.

Fig. 391: Persons apprehended for trafficking in persons in Turkey (2003-November 2008)


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Source: Ministry of foreign Affairs

Services provided to victims

"Humanitarian visa and short term residence permits" are issued to victims in order to enable them to stay legally in Turkey during their rehabilitation period. Voluntary return of the victims is provided with the cooperation of law enforcement officials, IOM, relevant institutions in the source country and local NGOs. 543 victims were voluntarily returned in cooperation with IOM since 2005. A cabinet decision was implemented in January 2004 by the Ministry of Health, in order to extend free medical care to victims of THB. Voluntary advocates of the Bar Association extend free legal counseling to the victims of THB. Judicial, psychological and medical counseling is provided to the victims in shelters in Istanbul and Ankara. A toll free/tip off emergency helpline (157) became operational in May 2005. The helpline is reachable from all parts of Turkey and mobile phones and is answered in Russian, Romanian, English and Turkish languages. The helpline became operational for international calls in April 2007.

Fig. 392: Number of victims identified by State authorities in Turkey, by age (2003-November 2008)

Fig. 393: Number of victims identified by State authorities in Turkey, by citizenship (2003-November 2008)


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Source: DG Turkish National Police

Source: DG Turkish National Police

Additional information

Identification of victims of human trafficking and provision of necessary support and coordination between the different institutions is undertaken within the framework of National Referral Mechanism (NRM). Various relevant institutions are included in NRM (primarily the Ministry of Foreign Affairs, Ministry of Interior General Directorate of Security and General Command of Gendarmerie, Ministry of Justice, 157 Helpline, International Organization for Migration, Woman Solidarity Foundation (WSF), Human Resource Development Foundation (HRDF) and Embassies).

Within the framework of NRM, potential victims of human trafficking identified during the operations carried out by law enforcement agencies are transferred to the Foreigners Department at Security Directorate of the relevant province pursuant to the preliminary scanning. The victim identification process is completed through coordination with the Department of Foreigners, Border, Asylum of General Directorate of Security following the interviews with the victims by specially trained personnel. The victims are accommodated in the shelters managed by HRDF and WSF.

In 2004, 62 trafficked persons, 220 in 2005, 191 in 2006, 118 in 2007, 67 in 2008 (as of 3.11.2008) have been assisted by the International Organisation for Migration. 39 trafficked persons took temporary stay permits in Turkey between 2004-2008. The rest of the identified trafficked persons were voluntarily returned by the Ministry of Interior.

The United Kingdom

Institutional framework

The Sexual Offences Act of 2003, which came into force in May 2004, introduced wide-ranging offences in England, Wales and Northern Ireland covering trafficking into, out of, or within the UK for any form of sexual offence. The equivalent Scottish provisions are contained in Section 22 of the Criminal Justice (Scotland) Act 2003. The offence of 'trafficking for exploitation', which covers non-sexual exploitation including trafficking for forced labour and the removal of organs, was included in the Asylum and Immigration (Treatment of Claimants, etc.) Act of 2004. The United Kingdom Action Plan on Tackling Human Trafficking was adopted in 2007.

Criminal justice response

The United Kingdom Human Trafficking Centre was formally opened in 2006. It is a multi-agency centre bringing together expertise from a number of disciplines as part of an Association of Chief Police Officers-led initiative. The responsibilities of the centre include all forms of trafficking in persons with the objective of improving and coordinating the law enforcement response to human trafficking. Additionally, a number of United Kingdom police forces have operational teams dedicated to the investigation of trafficking in persons.

Fig. 394: Persons prosecuted for trafficking in persons offences in the United Kingdom (2004-2007)

Fig. 395: Persons convicted of trafficking in persons offences in the United Kingdom (2004-2007)


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Source: United Kingdom Human Trafficking Centre

Source: United Kingdom Human Trafficking Centre

Services provided to victims

The United Kingdom Government has funded the Poppy Project since 2003 to provide accommodation and support services for adult women trafficked into the United Kingdom for sexual exploitation. In Scotland, the TARA Project was established in 2004 to provide assistance to women who have been trafficked into Scotland for the purposes of sexual exploitation.

Additional information

The United Kingdom will be introducing a formal State identification process in April 2009. This will provide clearer figures on data collec-tion for victims of all forms of human trafficking.

During the reporting period, adult victims were informally identified through a number of avenues, predominantly by front-line agencies like the police, immigration officers and NGOs. The primary data collection on victims is based on referrals to the government-funded NGO the Poppy Project, which is managed by Eaves Housing for Women. During the period under consideration, the Poppy Project provided support either on an outreach basis or via accommodation and support to 353 victims. The Poppy outreach service accepted 65 referrals of female victims of trafficking between 1 January 2007 and 30 September 2007.

In 2006 and 2007, all identified of human trafficking were subjected to sexual exploitation as set out in the Sexual Offences Act 2003. None of the detected victims were trafficked for forced labour, domestic servitude or for the removal of human organs. According to the National Operations Pentameter 2, a total of 255 victims were rescued from a situation of trafficking for sexual exploitation, and five suspected victims of trafficking for force labour were recovered.

The UK recently conducted a coordinated campaign of activity to confront the trafficking of human beings for forced labour in targeted labour sectors in specific parts of the UK. The pilot project's operational phase ran from May to September 2008. During this time, 18 victims of trafficking for forced labour were identified.

During the period under consideration, the main areas of origin of the referrals to the Poppy Project were Central and Eastern Europe, West and East Africa, and East Asia. Not all the referrals were subsequently identified as victims of human trafficking.

[Source: United Nations Office on Drugs and Crime, Vienna, Feb09]

Notes:

1. These laws criminalize, at the very least, sexual exploitation and forced labour and have no restriction regarding the age or gender of the victim. [Back]

2. For example, laws that are limited to sexual exploitation or only apply to female or child victims. [Back]

3. The United Nations Convention against Transnational Organized Crime and the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime can be downloaded at http://www.unodc.org/pdf/crime/a_res_55/res5525e.pdf and http://www.unodc.org/pdf/crime/a_res_55/255e.pdf [Back]

4. The researchers were placed at UNODC field offices in Abuja, Bangkok, Brasilia, Cairo, Dakar, Mexico City, Nairobi, New Delhi, Pretoria and Tashkent. [Back]

5. The fact that the offence of trafficking in persons criminalizes at least trafficking in persons for the purposes of sexual exploitation and forced labour and has no restriction regarding the age or gender of the victim does not imply that the legislation is in line with the Protocol. The compliance of each country's legislation to the UN Trafficking Protocol can only be assessed through an in-depth legal analysis. This type of legal analysis is out of the scope of the present research. [Back]

6. Ghana, Liberia, Nigeria, Sierra Leone and the Gambia. [Back]

7. The Economic Community of West African Stares (ECOWAS). [Back]

8. The Economic Community of Central African States (ECCAS). [Back]

9. A time series analysis on the absolute number of convictions was possible when countries registered convictions for at least three years during the period considered. Time series statistics were supplied by 141 countries. [Back]

10. About 10 of these 50 countries are part of the small Pacific Islands and the East Caribbean. The percentage of countries where no prosecutions were recorded would be about 28% if these countries and territories were not taken into consideration. [Back]

11. About 10 out of 61 of these countries and territories are in the small Pacific Islands and the East Caribbean. The percentage of countries where no convictions were recorded would be 33% if these countries and territories were not taken into consideration. [Back]

12. The FYR Macedonia has recorded a decreasing trend in the number of prosecutions for trafficking in persons but an increasing trend in the number of persons prosecuted under the offence of organization of a group and urging for committing trafficking in persons. [Back]

13. During the reporting period, Estonia, Latvia and Lithuania recorded a mixed trend in the number of criminal proceedings underway for trafficking in persons. [Back]

14. Fewer countries provided statistics concerning identified victims for 2007. [Back]

15. The issue of trafficking in adult males is related to the issue of trafficking for labour exploitation, which appears to be the major form of exploitation of adult men (although not the only form). Many experts argue that trafficking in adult men and trafficking for forced labour are extremely underreported. [Back]

16. The number of countries reporting the profile of the victims according to age and gender increased (44 in 2003; 56 in 2004; 76 in 2005; and 61 in 2006) [Back]

17. In the case of South Africa, the data concerned victims identified by IOM. In Togo, the victims were those sheltered by two NGOs. [Back]

18. In this part of the analysis, the sub-group East-Asia also includes China. This country was not covered by the UNODC/UN.GIFT data collection, but Chinese victims have been identified in other countries. [Back]

19. United Nations High Commissioner for Refugees (2005). Combating Human Trafficking. Overview of UNHCR Anti-Trafficking Activities in Europe, Bureau for Europe Policy Unit, 2005, p.6 [Back]

20. United Nations Commission on Crime Prevention and Criminal justice. Decision 16/1. Global Initiative to Fight Human Trafficking. UN Doc, E/2007/30/Rev. 1. [Back]

21. Cf. United Nations Office on Drugs and Crime (2007), An Assessment of Referral Practices to Assist and Protect the Rights of Trafficked Persons in Moldova , UNODC, Chisinau, Moldova, February 2007. [Back]

22. Bureau NRM (2007), Trafficking in human beings, Fifth report of the Dutch National Rapporteur, Den Haag 2007. [Back]

23. Bundeskriminalamt der Bundesrepublik Deutschland (2007), 2006 Federal Situation Report on Trafficking in Human Beings. Press Release Summary, Serious and Organised Crime Division, Wiesbaden, June 2007. [Back]

24. For example, a 2005 resolution by the European Parliament calls for Member Stares to appoint national rapporteurs on Anti-Human Trafficking Activities, and stresses the importance of gathering gender-based and comparable data. European Parliament, Committee on Women's Rights and Gender Equality, Draft report on strategies to prevent the Trafficking of women and children who are vulnerable to sexual exploitation. PR\580691EN.doc, 19/9/2005. [Back]

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