Minimum standards for the elimination of
trafficking
(The fifth annual Trafficking in Persons Report
(2005)
Minimum Standards
Penalties
Tier Movement
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Minimum
Standards
The "minimum standards for the
elimination of trafficking" are
summarized as follows. Governments
should:
Prohibit trafficking and punish
acts of trafficking.
Prescribe punishment commensurate
with that for grave crimes, such
as forcible sexual assault, for
the knowing commission of
trafficking in some of its most
reprehensible forms (trafficking
for sexual purposes, involving
rape or kidnapping, or that causes
a death).
Prescribe punishment that is
sufficiently stringent to deter
and that adequately reflects the
offense’s heinous nature for the
knowing commission of any act of
trafficking.
Make serious and sustained efforts
to eliminate trafficking.
The Act also sets out seven
criteria that "should be
considered" as indicia of the
fourth point above, "serious and
sustained efforts to eliminate
trafficking." Summarized, they
are:
Whether the government vigorously
investigates and prosecutes acts
of trafficking within its
territory.
Whether the government protects
victims of trafficking, encourages
victims’ assistance in
investigation and prosecution,
provides victims with legal
alternatives to their removal to
countries where they would face
retribution or hardship, and
ensures that victims are not
inappropriately penalized solely
for unlawful acts as a direct
result of being trafficked.
Whether the government has adopted
measures, such as public
education, to prevent trafficking.
Whether the government cooperates
with other governments in
investigating and prosecuting
trafficking.
Whether the government extradites
persons charged with trafficking
as it does with other serious
crimes.
Whether the government monitors
immigration and emigration
patterns for evidence of
trafficking, and whether law
enforcement agencies respond
appropriately to such evidence.
Whether the government vigorously
investigates and prosecutes public
officials who participate in or
facilitate trafficking, and takes
all appropriate measures against
officials who condone trafficking.
If a government is not in
compliance with the minimum
standards, the Department’s
determination of whether that
government is making significant
efforts to bring itself into
compliance with these minimum
standards dictates its placement
in Tier 2 or 3. The Act sets out
three mitigating factors which the
Department is to consider in
making such determinations.
Summarized, they are as follows:-
The extent of trafficking in the
country; the extent of
governmental noncompliance with
the minimum standards,
particularly the extent to which
government officials have
participated in, facilitated,
condoned, or are otherwise
complicit in trafficking; and what
measures are reasonable to bring
the government into compliance
with the minimum standards in
light of the government’s
resources and capabilities.
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Penalties
According to the Act, the governments of
countries in Tier 3 in the report for this
and subsequent years could be subject to
certain sanctions, notably withholding of
non-humanitarian, non-trade-related
assistance. (Countries that receive no
such assistance would be subject to
withholding of funding for participation
in educational and cultural exchange
programs). Consistent with the Act, such
governments also would face U.S.
opposition to assistance (except for
humanitarian, trade-related, and certain
development-related assistance) from
international financial institutions,
specifically the International Monetary
Fund and multilateral development banks
such as the World Bank. These potential
consequences regarding bilateral and
multilateral assistance sanctions would
take effect at the beginning of the next
fiscal year, or October 1, 2003 for
countries in Tier 3 of this report.
All or part of the Act’s sanctions can be
waived upon a determination by the
President that the provision of such
assistance to the government would promote
the purposes of the Act or is otherwise in
the national interest of the United
States. The Act also provides its
sanctions shall be waived when necessary
to avoid significant adverse effects on
vulnerable populations, including women
and children. Possible reasons for which a
waiver may be considered would include
that a country is being placed on Tier 3
for the first time this year. These
sanctions also would not apply if the
Department finds that, after this report
and before the imposition of sanctions, a
government no longer qualifies for Tier 3,
i.e., it has come into compliance with the
minimum standards or is making significant
efforts to bring itself into compliance.
Tier Movement
Several governments increased their
efforts to combat trafficking since
issuance of the Department’s 2002 report.
In some cases, the increased efforts
justified moving the country to a higher
tier. As an admirable example, the United
Arab Emirates has demonstrated a clear
commitment to eradicate trafficking and
made great strides to strengthen its
efforts throughout the year. Since the
government now fully complies with the
minimum standards, it moved from Tier 3 to
Tier 1. Although they do not yet fully
comply with the minimum standards, each
was determined this year to be making
significant efforts to do so.
Several other governments that were placed
in Tier 2 on the 2002 report improved to
the degree that they now fully comply with
the minimum standards, and they are in
Tier 1 of this year’s report. These
countries are Benin, Ghana, and Morocco.
Some governments, whose efforts
disappointingly lagged over the last year,
dropped from Tier 2 in 2002 to Tier 3 this
year or from Tier 1 to Tier 2. In some
cases the shifts occurred because of new
information not available in prior years.
For others, new information or information
not available in prior years indicated
that there were countries with significant
numbers of victims of severe forms of
trafficking. Many are included on the
report for the first time, some in Tier 3.
Regardless of tier placement, there is
more that every country can do. No country
placement is permanent. All countries must
maintain and increase their efforts to
combat trafficking.
Return to:
The fifth annual Trafficking in Persons
Report (2005) |
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Updated: May. 12, 2005
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