[Federal Register Volume 75, Number 48 (Friday, March 12, 2010)]
[Notices]
[Pages 11982-11985]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-5498]
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DEPARTMENT OF STATE
[Public Notice 6921]
Request for Information for the 2010 Trafficking in Persons
Report
SUMMARY: The Department of State (``the Department'') requests written
information to assist in reporting on the degree to which the United
States and foreign governments comply with the minimum standards for
the elimination of trafficking in persons (``minimum standards'') that
are prescribed by the Trafficking Victims Protection Act (``TVPA'') of
2000, Div. A of Public Law 106-386, section 108, as amended. This
information will assist in the preparation of the Trafficking in
Persons Report (``TIP Report'') that is submitted annually by the
Department to the U.S. Congress. The TVPA mandates a report on
countries' level of compliance with the minimum standards and expresses
the United States' policy not to provide nonhumanitarian, nontrade-
related foreign assistance to any government that does not comply with
the minimum standards and is not making significant efforts to do so.
For the 2010 TIP Report, the United States will voluntarily report on
its compliance with the minimum standards. Submissions must be made in
writing to the Office to Monitor and Combat Trafficking in Persons at
the Department of State by March 26, 2010. Please refer to the
Addresses, Scope of Interest and Information Sought sections of this
Notice for additional instructions on submission requirements.
DATES: Submissions must be received by the Office to Monitor and Combat
Trafficking in Persons by 5 p.m. on March 26, 2010.
ADDRESSES: Written submissions and supporting documentation may be
submitted to the Office to Monitor and Combat Trafficking in Persons by
the following methods:
Facsimile (fax): 202-312-9637.
Mail, Express Delivery, Hand Delivery and Messenger
Service: U.S. Department of State, Office to Monitor and Combat
Trafficking in Persons, 1800 G Street, NW., Suite 2148, Washington, DC
20520. Please note that materials submitted by mail may be delayed due
to security screenings and processing.
E-mail (preferred): [email protected] for submissions
related to foreign governments and [email protected] for
submissions related to the United States.
Scope of Interest: The Department requests information relevant to
assessing compliance with the minimum standards for the elimination of
trafficking in persons in the year 2009. The minimum standards for the
elimination of trafficking in persons are listed in the Background
section. Submissions must include information relevant and probative of
the minimum standards for the elimination of trafficking in persons and
should include, but need not be limited to, answering the questions in
the Information Sought section. These questions are designed to elicit
information relevant to the minimum standards for the elimination of
trafficking in persons. Only those questions for which the submitter
has direct professional experience should be answered and that
experience should be
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noted. For any critique or deficiency described, please provide a
recommendation to remedy it. Note the country or countries that are the
focus of the submission.
Submissions may include written narratives that answer the
questions presented in this Notice, research, studies, statistics,
fieldwork, training materials, evaluations, assessments and other
relevant evidence of local, state and federal government efforts. To
the extent possible, precise dates should be included.
Where applicable, written narratives providing factual information
should provide citations to sources and copies of the source material
should be provided. If possible, send electronic copies of the entire
submission, including source material. If primary sources are utilized,
such as research studies, interviews, direct observations, or other
sources of quantitative or qualitative data, details on the research or
data-gathering methodology should be provided. The Department does not
include in the report, and is therefore not seeking, information on
prostitution, human smuggling, visa fraud, or child abuse, unless such
conduct occurs in the context of human trafficking.
Confidentiality: Please provide the name, phone number and e-mail
address of a single point of contact for any submission. It is
Department practice not to identify in the TIP Report information
concerning sources in order to safeguard those sources. Please note,
however, that any information submitted to the Department may be
releasable pursuant to the provisions of the Freedom of Information Act
or other applicable law. When applicable, portions of submissions
relevant to efforts by other U.S. government agencies may be shared
with those agencies.
Response: This is a request for information only; there will be no
response to submissions.
SUPPLEMENTARY INFORMATION:
I. Background
The TIP Report: The TIP Report is the most comprehensive worldwide
report on foreign governments' efforts to combat trafficking in
persons. It represents an updated, global look at the nature and scope
of trafficking in persons and the broad range of government actions to
confront and eliminate it. The U.S. Government uses the TIP Report to
engage in public diplomacy to encourage partnership in creating and
implementing laws and policies to combat trafficking and to target
resources on prevention, protection and prosecution programs.
Worldwide, the report is used by international organizations, foreign
governments, and nongovernmental organizations alike as a tool to
examine where resources are most needed. Freeing victims, preventing
trafficking, and bringing traffickers to justice are the ultimate goals
of the report and of the U.S government's anti-human trafficking
policy.
The Department prepares the TIP Report using information from
across the U.S. Government, U.S. Embassies, foreign government
officials, nongovernmental and international organizations, published
reports, and research trips to every region. The TIP Report focuses on
concrete actions that governments take to fight trafficking in persons,
including prosecutions, convictions, and prison sentences for
traffickers as well as victim protection measures and prevention
efforts. Each TIP Report narrative also includes a section on
recommendations. These recommendations are then used to measure
progress and determine whether there is a serious and sustained effort
from one year to the next.
The TVPA creates a three tier ranking system. This placement is
based more on the extent of government action to combat trafficking
than on the size of the problem, although that is also an important
factor. The Department first evaluates whether the government fully
complies with the TVPA's minimum standards for the elimination of
trafficking. Governments that fully comply are placed on Tier 1. For
other governments, the Department considers the extent of efforts to
reach compliance. Governments that are making significant efforts to
meet the minimum standards are placed on Tier 2. Governments that do
not fully comply with the minimum standards and are not making
significant efforts to do so are placed on Tier 3. Finally, the
Department considers Special Watch List criteria and, when applicable,
moves Tier 2 countries to Tier 2 Watch List. For more information, the
2009 TIP Report can be found at http://www.state.gov/g/tip/rls/tiprpt/2009.
Since the inception of the TIP Report in 2001, the number of
countries included and ranked has more than doubled to include 175
countries in the 2009 TIP Report. The number of countries on Tier 1 has
grown from 12 to 28 and the number of countries on Tier 3 has decreased
from 23 to 17. Around the world, the TIP Report and the best practices
reflected therein have inspired legislation, national action plans,
implementation of policies and funded programs, protection mechanisms
that complement prosecution efforts, and a comprehensive understanding
of the issue.
Since 2003, the primary reporting on the United States' anti-
trafficking activities has been through the Attorney General's Report
to Congress and Assessment of U.S. Government Activities to Combat
Human Trafficking (``AG Report''), mandated by the Trafficking TVPA, 22
U.S.C. 7103(d)(7). The TIP Report has also historically included a
brief narrative on the United States. This year, for the first time,
the United States will voluntarily, through a collaborative interagency
process, include in the TIP Report an analysis of U.S. government anti-
trafficking efforts in light of the minimum standards to eliminate
trafficking in persons set forth by the TVPA. This analysis in the TIP
report will be done in addition to the AG Report, resulting in a multi-
faceted self-assessment process of expanded scope.
II. Minimum Standards for the Elimination of Trafficking in Persons
The TVPA sets forth the minimum standards for the elimination of
trafficking in persons as follows:
(1) The government of the country should prohibit severe forms of
trafficking in persons and punish acts of such trafficking.
(2) For the knowing commission of any act of sex trafficking
involving force, fraud, coercion, or in which the victim of sex
trafficking is a child incapable of giving meaningful consent, or of
trafficking which includes rape or kidnapping or which causes a death,
the government of the country should prescribe punishment commensurate
with that for grave crimes, such as forcible sexual assault.
(3) For the knowing commission of any act of a severe form of
trafficking in persons, the government of the country should prescribe
punishment that is sufficiently stringent to deter and that adequately
reflects the heinous nature of the offense.
(4) The government of the country should make serious and sustained
efforts to eliminate severe forms of trafficking in persons.
The following factors should be considered as indicia of serious
and sustained efforts to eliminate severe forms of trafficking in
persons:
(1) Whether the government of the country vigorously investigates
and prosecutes acts of severe forms of trafficking in persons, and
convicts and sentences persons responsible for such acts, that take
place wholly or partly within the territory of the country, including,
as appropriate, requiring
[[Page 11984]]
incarceration of individuals convicted of such acts. For purposes of
the preceding sentence, suspended or significantly reduced sentences
for convictions of principal actors in cases of severe forms of
trafficking in persons shall be considered, on a case-by-case basis,
whether to be considered as an indicator of serious and sustained
efforts to eliminate severe forms of trafficking in persons. After
reasonable requests from the Department of State for data regarding
investigations, prosecutions, convictions, and sentences, a government
which does not provide such data, consistent with the capacity of such
government to obtain such data, shall be presumed not to have
vigorously investigated, prosecuted, convicted or sentenced such acts.
During the periods prior to the annual report submitted on June 1,
2004, and on June 1, 2005, and the periods afterwards until September
30 of each such year, the Secretary of State may disregard the
presumption contained in the preceding sentence if the government has
provided some data to the Department of State regarding such acts and
the Secretary has determined that the government is making a good faith
effort to collect such data.
(2) Whether the government of the country protects victims of
severe forms of trafficking in persons and encourages their assistance
in the investigation and prosecution of such trafficking, including
provisions for legal alternatives to their removal to countries in
which they would face retribution or hardship, and ensures that victims
are not inappropriately incarcerated, fined, or otherwise penalized
solely for unlawful acts as a direct result of being trafficked,
including by providing training to law enforcement and immigration
officials regarding the identification and treatment of trafficking
victims using approaches that focus on the needs of the victims.
(3) Whether the government of the country has adopted measures to
prevent severe forms of trafficking in persons, such as measures to
inform and educate the public, including potential victims, about the
causes and consequences of severe forms of trafficking in persons,
measures to establish the identity of local populations, including
birth registration, citizenship, and nationality, measures to ensure
that its nationals who are deployed abroad as part of a peacekeeping or
other similar mission do not engage in or facilitate severe forms of
trafficking in persons or exploit victims of such trafficking, and
measures to prevent the use of forced labor or child labor in violation
of international standards.
(4) Whether the government of the country cooperates with other
governments in the investigation and prosecution of severe forms of
trafficking in persons.
(5) Whether the government of the country extradites persons
charged with acts of severe forms of trafficking in persons on
substantially the same terms and to substantially the same extent as
persons charged with other serious crimes (or, to the extent such
extradition would be inconsistent with the laws of such country or with
international agreements to which the country is a party, whether the
government is taking all appropriate measures to modify or replace such
laws and treaties so as to permit such extradition).
(6) Whether the government of the country monitors immigration and
emigration patterns for evidence of severe forms of trafficking in
persons and whether law enforcement agencies of the country respond to
any such evidence in a manner that is consistent with the vigorous
investigation and prosecution of acts of such trafficking, as well as
with the protection of human rights of victims and the internationally
recognized human right to leave any country, including one's own, and
to return to one's own country.
(7) Whether the government of the country vigorously investigates,
prosecutes, convicts, and sentences public officials who participate in
or facilitate severe forms of trafficking in persons, including
nationals of the country who are deployed abroad as part of a
peacekeeping or other similar mission who engage in or facilitate
severe forms of trafficking in persons or exploit victims of such
trafficking, and takes all appropriate measures against officials who
condone such trafficking. After reasonable requests from the Department
of State for data regarding such investigations, prosecutions,
convictions, and sentences, a government which does not provide such
data consistent with its resources shall be presumed not to have
vigorously investigated, prosecuted, convicted, or sentenced such acts.
During the periods prior to the annual report submitted on June 1,
2004, and on June 1, 2005, and the periods afterwards until September
30 of each such year, the Secretary of State may disregard the
presumption contained in the preceding sentence if the government has
provided some data to the Department of State regarding such acts and
the Secretary has determined that the government is making a good faith
effort to collect such data.
(8) Whether the percentage of victims of severe forms of
trafficking in the country that are non-citizens of such countries is
insignificant.
(9) Whether the government of the country, consistent with the
capacity of such government, systematically monitors its efforts to
satisfy the criteria described in paragraphs (1) through (8) and makes
available publicly a periodic assessment of such efforts.
(10) Whether the government of the country achieves appreciable
progress in eliminating severe forms of trafficking when compared to
the assessment in the previous year.
(11) Whether the government of the country has made serious and
sustained efforts to reduce the demand for (A) commercial sex acts; and
(B) participation in international sex tourism by nationals of the
country.
III. Information Sought Relevant to the Minimum Standards
Submissions should include, but need not be limited to, answers to
relevant questions below for which the submitter has direct
professional experience and that experience should be noted. Citations
to source material must also be provided. Note the country or countries
that are the focus of the submission. Please see the Scope of Interest
section for detailed information regarding submission requirements.
1. How have trafficking methods changed in the past 12 months? e.g.
Are there victims from new countries of origin? Is internal trafficking
or child trafficking increasing? Has sex trafficking changed from
brothels to private apartments? Is labor trafficking now occurring in
additional types of industries or agricultural operations? Is forced
begging a problem?
2. In what ways has the government's efforts to combat trafficking
in persons changed in the past year? What new laws, regulations,
policies and implementation strategies exist? e.g. substantive criminal
laws and procedures, mechanisms for civil remedies, victim-witness
security generally and in relation to court proceedings.
3. Please provide observations regarding the implementation of
existing laws and procedures.
4. Is the government equally vigorous in pursuing labor trafficking
and sex trafficking?
5. Are the anti-trafficking laws and sentences strict enough to
reflect the nature of the crime? Are sex trafficking sentences
commensurate with rape sentences?
6. Do government officials understand the nature of trafficking? If
not, please
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provide examples of misconceptions or misunderstandings.
7. Do judges appear appropriately knowledgeable and sensitized to
trafficking cases? What sentences have courts imposed upon traffickers?
How common are suspended sentences and prison time of less than one
year for convicted traffickers?
8. Please provide observations regarding the efforts of police and
prosecutors to pursue trafficking cases.
9. Are government officials (including law enforcement) complicit
in human trafficking by, for example, profiting from, taking bribes or
receiving sex for allowing it to continue? Are government officials
operating trafficking rings or activities? If so, have these government
officials been subject to an investigation and/or prosecution? What
punishments have been imposed?
10. Has the government vigorously investigated, prosecuted,
convicted and sentenced nationals of the country deployed abroad as
part of a peacekeeping or other similar mission who engage in or
facilitate trafficking?
11. Has the government investigated, prosecuted, convicted and
sentenced organized crime groups that are involved in trafficking?
12. Is the country a source of sex tourists and, if so, what are
their destination countries? Is the country a destination for sex
tourists and, if so, what are their source countries?
13. Please provide observations regarding government efforts to
address the issue of child soldiers.
14. Does the government make a coordinated, proactive effort to
identify victims? Is there any screening conducted before deportation
to determine whether individuals were trafficked?
15. What victim services are provided (legal, medical, food,
shelter, interpretation, mental health care, health care,
repatriation)? Who provides these services? If nongovernment
organizations provide the services, does the government support their
work either financially or otherwise?
16. How could victim services be improved?
17. Are services provided equally and adequately to victims of
labor and sex trafficking? Men, women and children? Citizen and
noncitizen?
18. Do service organizations and law enforcement work together
cooperatively, for instance, to share information about trafficking
trends or to plan for services after a raid? What is the level of
cooperation, communication and trust between service organizations and
law enforcement?
19. May victims file civil suits or seek legal action against their
trafficker? Do victims avail themselves of those remedies?
20. Does the government repatriate victims? Does the government
assist with third country resettlement? Does the government determine
whether victims face retaliation, retrafficking, punishment or adverse
conditions in their country of origin? Are victims awaiting
repatriation or third country resettlement offered services? Are
victims indeed repatriated or are they deported?
21. Does the government detain or imprison identified trafficking
victims?
22. Does the government punish trafficking victims for forgery of
documents, illegal immigration, unauthorized employment, or
participation in illegal activities directed by the trafficker?
23. What efforts has the government made to prevent human
trafficking?
24. Are there efforts to address root causes of trafficking such as
poverty; lack of access to education and economic opportunity; and
discrimination against women, children and minorities?
25. Does the government undertake activities that could prevent or
reduce vulnerability to trafficking, such as registering births of
indigenous populations?
26. Does the government provide financial support to NGOs working
to promote public awareness or does the government implement such
campaigns itself? Have public awareness campaigns proven to be
effective?
27. Please provide additional recommendations to improve the
government's anti-trafficking efforts.
28. Please highlight effective strategies and practices that other
governments could consider adopting.
Dated: March 8, 2010.
Luis CdeBaca,
Ambassador-at-Large, Office to Monitor and Combat Trafficking in
Persons, Department of State.
[FR Doc. 2010-5498 Filed 3-11-10; 8:45 am]
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