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Trafficking in Persons Report 2013-N-S Countries

Trafficking in Persons Report 2013-N-S Countries

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State Department Report on Human Trafficking 2013-Countries N-S
State Department Report on Human Trafficking 2013-Countries N-S

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Published by: bgeller4936 on Jun 21, 2013
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MI   I   
273
Government ocials continued to rely on NGOs to provide
shelter, counseling, ood, and rehabilitation to victims, and to
proer only limited in-kind government support; it is unknown
how many victims benetted rom such services during the
 year. An NGO managed the country’s only permanent shelter 
or child tracking victims, with the Ministry or Women
and Social Action (MMAS) unding the shelter sta’s salaries
and the district o Moamba providing the land. MMAS sta 
at the shelter coordinated both the search or tracking 
 victims’ amilies and, i necessary, their placement with oster 
amilies; in advance o victims’ return or placement, MMASsta counseled children and sensitized amilies, which were
also able to receive government unding on a case-by-casebasis. The Interior Ministry’s GAMC continued to operate
acilities in more than 200 police stations and 20 “Victims
o Violence” centers throughout the country that provided
temporary shelter, ood, limited counseling, and monitoring ollowing reintegration or an unknown number o tracking 
 victims; GAMC staalso reerred and transported victimsto NGOs or oster amilies or longer-term assistance. In
2012, GAMC sta provided ood, shelter, and psycho-social
support to a potential child tracking victim rom Kenya
 who was intercepted at the Maputo airport with a suspected
tracker; Mozambican ocials worked with Kenyan ocials
to repatriate the child. Similar services were provided to an
unknown number o Mozambican children returned rom
South Arica during the year, some o whom may have been
tracking victims; however, the government oered very limited reintegration assistance to repatriated tracking 
 victims overall. The Institute or Judicial Support oered legalassistance to abused women and children, but did not provide
such assistance to tracking victims during the year. The
government encouraged victims to assist in the investigation
and prosecution o tracking oenders; however, this did
not occur during the year. The government did not provide
temporary residency status or legal alternatives to the removalo oreign victims to countries where they might ace hardship
or retribution and it continued to deport oreign tracking 
 victims without screening them or possible victimization.
 Although NGO contacts reported no instances o tracking  victims having been detained, ned, or jailed or unlawulacts committed as a result o having been tracked, and the2008 anti-tracking act exempted victims rom prosecution
or such acts, the lack o ormal identication procedures
impaired the government’s ability to ensure that no tracking 
 victims received such penalties.
Prevention
 The government made increased eorts to prevent tracking in
persons during the reporting period through its establishment 
o provincial coordinating bodies, nalization o a national
action plan, and organization o awareness-raising eventsin Mozambique and South Arica. The Attorney General’s
oce completed drating a national action plan on tracking 
in persons, which now awaits approval by the Council o 
Ministers. Although the government lacks a single national
body to coordinate anti-tracking eorts across ministries, the
 Attorney General’s oce continued to demonstrate leadershipin overseeing national anti-tracking eorts. For example, in2012, with the encouragement o the Attorney General’s oce,
provincial governments created inter-ministerial “reerence
groups” in Nampula, Gaza, and Manica consisting o provincial
ocials, police, border guards, social workers, NGOs, and
aith based organizations; roll-out is planned or all provinces
by 2014. The Maputo-based reerence group, in existence
since 2010, organized an awareness campaign in November 
2012 in the border town o Ressano Garcia. The one-day campaign, unded in partnership with an NGO, involved
the district attorney general; district chie administrator; and
border, customs, and local police, reaching 200 community 
members with a march through the town and ocial speeches
on tracking risks within their community. As part o the
event, tracking awareness messages were broadcast on state-
run radio. In December 2012, the Mozambican Consulatein Nelspruit, South Arica, worked with the Mpumalanga
provincial task team to host a tracking awareness meeting or members o the Mozambican community that provided
instructions on how to report a suspected case o human
tracking. State-run Radio Mozambique and several district-run community radio stations ran anti-tracking messages inJanuary 2013. Although the Ministry o Labor acknowledgedthat child labor is pervasive and oten abusive, it employed an
inadequate number o labor inspectors, who lacked training 
and resources to adequately monitor or child tracking andother labor violations, especially on arms in rural areas. The
government did not make an eort to reduce the demand or commercial sex acts during the year.
NAMIBIA (Tier 2 Watch List)
Namibia is predominantly a country o origin and destinationor children and, to a lesser extent, women subjected to orcedlabor and sex tracking. Some victims are oered legitimate work or adequate wages, but eventually may be orced to work 
long hours and carry out hazardous tasks in urban centers
and on commercial arms. Trackers in Namibia exploit 
Namibian children in orced labor in agriculture, cattle herding,
and domestic service. Children rom Angola, Zambia, andZimbabwe are subjected to prostitution in Namibia. Some
 Angolan boys may be brought to Namibia or orced labor incattle herding; however, no such cases were reported during 
the year. Foreign nationals or persons resident in Namibia
rom southern Arica and Europe are among the clientele o 
children in prostitution in Namibia. Children are also coerced
to conduct criminal activity, including drug smuggling androbbery. Namibians commonly house and care or childreno distant relatives in order to provide expanded educational
opportunities; however, in some instances, such children are
exploited by their relatives in sex tracking or orced labor.
 Among Namibia’s ethnic groups, San girls are particularly  vulnerable to orced labor on arms or in homes, and to a
lesser extent, are exploited in prostitution.
 The Government o Namibia does not ully comply withthe minimum standards or the elimination o tracking;however, it is making signicant eorts to do so. Despite
these measures, including its prosecution o two suspected
sex trackers, the government did not demonstrate evidence
o overall increasing eorts to address human tracking during the previous reporting period; thereore, Namibia
is placed on Tier 2 Watch List or a second consecutive year.
 Although the Ministry o Gender Equality and Child Welare
(MGECW) launched a National Plan o Action on Gender-Based
 Violence in 2012, which includes actions to address human
tracking, the government did not undertake systematic 
anti-tracking eorts to ensure lasting progress, particularly 
in regard to the prosecution o tracking crimes. Although
the government developed a reerral process or victimso gender-based violence, including tracking, it ailed to
 
274
   N   A   M   I   B   I   A
designate as tracking victims any victims o crime discovered
during the year or ensure its ocials were inormed o how to
determine such status. In addition, it did not complete drat 
comprehensive anti-tracking legislation. Furthermore, thegovernment has never convicted a tracking oender under 
any o its laws. However, the government discovered at least 
one tracking victim and provided counseling to our during 
the year—a modest increase in its protection eorts in 2011.It also completed its renovation o one additional shelter or  victims o gender-based violence, including tracking.
NAMIBIA TIER RANKING BY YEAR
20062007200820092010201120122013
Recommendations for Namibia:
Drat and enact 
comprehensive anti-tracking legislation; increase eorts to
investigate and prosecute tracking oenses, and to convict 
and punish tracking oenders under existing law, including 
the Prevention o Organized Crime Act (POCA); continue to
train law enorcement and judicial sector ocials on theanti-tracking provisions o the POCA and other relevant 
laws; in the implementation o the law, ensure consistent use
o a broad denition o human tracking that does not rely 
on evidence o movement, but rather ocuses on exploitation,
consistent with the 2000 UN TIP Protocol; continue todistribute and use standard guidelines or all government stakeholders or use in the identication o victims by law 
enorcement, immigration, labor, and social welare ocials;continue to dedicate adequate time and resources to complete
ongoing shelter and sae house renovations; continue tostrengthen coordination o anti-tracking eorts among 
government ministries, including at the working level; and
continue to collect, analyze, and disseminate data on
tracking cases.
Prosecution
 The Government o Namibia continued its anti-tracking law enorcement eorts during the year, initiating the prosecutiono two suspects or the alleged sex tracking o three girls. The
government, however, did not convict any tracking oenders
or complete comprehensive anti-tracking legislation during 
the year. In May 2009, the government enacted the POCA,
 which criminalizes all orms o tracking. Under the POCA,persons who participate in tracking oenses or aid and abet 
tracking oenders may be imprisoned or up to 50 years
and ned up to the equivalent o approximately $133,000,
penalties which are suciently stringent and commensurate
 with punishments prescribed or other serious crimes, suchas rape. During the year, the government began its rst sex 
tracking prosecution under the POCA; however, it has never convicted a tracking oender under this statute. In January 
2013, the government, in partnership with UNODC, held an
inter-ministerial workshop to rearm its plans to develop
comprehensive anti-tracking legislation to include specic 
protections or tracking victims, prevention measures,
and harsher punishments or child tracking oenses. Thepending Child Care and Protection Bill, drated in 2009 andapproved by the cabinet in March 2012, includes a provisioncriminalizing child tracking; the bill remained pending parliamentary debate and passage.
In October 2012, the Swakopmund Magistrate’s Court commenced the government’s rst known sex tracking prosecution, charging two suspects or their alleged rolein procuring three girls (aged 13, 14, and 18) or sexual
exploitation by a South Arican miner or the approximate
equivalent o $1,175. The trial was ongoing at the close o thereporting period. In August 2012, nine immigration ocials
participated in an IOM train the trainer course and, by the
close o 2012, these ocials had trained 124 o their colleagues
using IOM’s curriculum. Furthermore, in partnership withUNICEF, MGECW developed a police curriculum on gender-based violence, including tracking.
Protection
 The government increased its eorts to protect tracking  victims, identiying at least one victim and providing 
counseling to our child victims during the year. In addition,
in March 2013, the government developed a ormal process or 
the reerral to assistance o victims o gender-based violence,
including tracking. However, although ocials were
trained on tracking victim identication, the government 
remained without a process or ocials to screen populations
to determine victimization or provide ocial designation
o tracking victim status. Upon discovery o a woman or 
child victim o crime, including tracking, police transer them to the Women and Child Protection Unit (WACPU),
 which has responsibility or reerring victims o all crimes to
temporary shelter and medical assistance provided by NGOs or 
other entities. During the year, MGECW, in partnership with
UNICEF, ormalized these reerral procedures through the
development o a national protection reerral network or crime
 victims. In 2012, WACPU’s acilities provided initial psycho-social, legal, and medical support to tracking victims, in
cooperation with the Namibian Police, MGECW, the Ministry 
o Health, and NGOs. For example, the MGECW provided
social workers to assist WACPU police in counseling victims
o violent crimes, including human tracking; during the
 year, at least our tracking victims received such counseling,
some o which involved several sessions and longer-term
consultation. The MGECW trained gender-liaison ocers inall 13 regions on tracking and case management, who, inturn, trained police and all 60 o its social workers on thesetopics during the previous reporting period. The government continued its renovation o buildings to be
used or long-term accommodations or women and child
 victims o gender-based violence and human tracking; ve
acilities continued operation, while one additional renovation
 was completed and a seventh renovation began during the
reporting period. Five o the six renovated acilities are under the management o MGECW; in addition, MGECW provided
a social worker and partial coverage o operational coststo an NGO managing one acility. These acilities oered
overnight accommodation, medical examinations, and space
or social workers to provide counseling and psycho-social
support. In 2012, police caught a 14-year old San boy stealing 
cattle on behal o his uncle, who had kidnapped the boy;
authorities did not penalize the boy or this crime, but instead
took him to WACPU or counseling and reintegration. The
government actively encouraged victims to voluntarily assist in the prosecution o alleged tracking oenders during the
 year. Though no oreign victims were identied in Namibia
 
275
in 2012, the government remained without the ability to
provide temporary or permanent residency to oreign victims.
Prevention
 The Namibian government continued its eorts to prevent 
human tracking during the reporting period. Under the
leadership o MGECW, the National Advisory Committee onGender-Based Violence—which included tracking within its
mandate—launched its “National Plan o Action on Gender-
Based Violence 2012-2016,” completed with donor unding and
in partnership with UNDP, UNICEF, and local stakeholders.
In November 2012, the government concluded its three- year “Zero Tolerance Against Gender-Based Violence and
 Tracking in Persons” media campaign that included TV and
radio broadcasts on human tracking and the placement o billboards; the campaign was jointly unded by the MGECW 
and donors. In addition, the police, in partnership with several
NGOs and international donors, continued an anti-tracking 
and prostitution demand reduction campaign. In 2012, the
MGECW began seeking proposals and bids that would enable
the completion o a study to assess the extent o tracking in the country and the eect o current counter-tracking eorts. During the year, several ocials, including the rst lady, addressed community leaders, traditional leaders, andparents on child prostitution and child labor, advocating or 
them to increase children’s awareness about these topics and
acilitate their attendance in school.
NEPAL (Tier 2)
Nepal is a source, transit, and destination country or men, women, and children who are subjected to orced labor and
sex tracking. Nepali men are subjected to orced labor in the
Middle East and within the country. Nepali women and girls
are subjected to sex tracking in Nepal, India, the Middle East,
and China and subjected to orced labor in Nepal, India, andChina as domestic servants, beggars, actory workers, mine workers, and in the adult entertainment industry. They are
subjected to sex tracking and orced labor elsewhere in Asia,
including in Malaysia, Hong Kong, and South Korea. Nepali
boys are also exploited in domestic servitude and, along with
a number o Indian boys transported to Nepal, subjected toorced labor within the country, especially in brick kilns andthe embroidered textiles, or 
 zari
, industry. Extreme cases o 
orced labor in the
 zari
industry requently involve severe
physical abuse o children. Bonded labor exists in agriculture,
cattle rearing, brick kilns, the stone-breaking industry, anddomestic servitude. Bonded laborers reed by a government 
decree in 2000 are let vulnerable to human tracking in the
absence o sucient government-mandated rehabilitation
services. Children o 
kamaiya
amilies that were ormerly or 
are currently in bonded labor are also subjected to the
kamalari
 
system o domestic servitude. Human trackers typically 
target low-caste groups.
Some o the Nepali migrants who willingly seek work in
domestic service, construction, or other low-skilled sectorsin India, Gul countries, Malaysia, Israel, South Korea, and
Lebanon subsequently ace conditions indicative o orced labor 
such as withholding o passports, restrictions on movement,nonpayment o wages, threats, deprivation o ood and sleep,
and physical or sexual abuse. In many cases, this orced
labor is acilitated by recruitment raud and high recruitment 
ees charged by unscrupulous Nepal-based labor brokers
and manpower agencies. Unregistered migrants—including the large number o Nepalis who travel via India or rely on
independent recruiting agents—are more vulnerable to orced
labor. Migrants rom Bangladesh, Burma, and possibly other countries may transit through Nepal or employment in theGul states, raudulently using Nepali travel documents, andmay be subjected to human tracking.
 The Government o Nepal does not ully comply with the
minimum standards or the elimination o tracking; however,it is making signicant eorts to do so despite limited resources
and the absence o a parliamentary body since May 2012. The
national anti-tracking inter-ministerial committee was
strengthened under the new leadership o an undersecretary,
ocials took steps to regulate labor recruitment agencies, and
the government published a report on its anti-tracking eorts.
Problems remained, however. Anti-tracking structures were
not ully eective, and tracking victims did not receivesucient support rom the government. Anti-tracking 
laws were inconsistently implemented, and the government 
ineectively used unds allocated or protection. Victim
identication eorts were weak; child sex tracking victims
 were returned to their abusers in the wake o raids, increasing 
the debts by which they were bonded. Many government 
ocials continued to employ a narrow denition o human
tracking, leaving domestic sex and labor tracking victims
and male victims o transnational labor tracking unidentied,
marginally protected, or re-victimized.
NEPAL TIER RANKING BY YEAR
20062007200820092010201120122013
Recommendations for Nepal:
Increase law enorcement eorts against all orms o tracking, including the sex tracking o Nepali emales within Nepal, and against 
government ocials complicit in tracking-related crimes;
ensure traicking victims are not punished or their 
involvement in prostitution or orgery o ocial documents
as a direct result o their being tracked; prosecute labor 
tracking oenders who exploit Nepalese migrants abroad
and Nepali labor recruiters or charging excessive recruitment 
ees or engaging in raudulent recruitment; raise awarenessamong government ocials and the public o the existence
o orced prostitution o Nepali women and girls within Nepal;
 work to revise the Human Tracking and Transportation
(Control) Act (HTTCA), or nalize a new drat law to bring 
the denition o human tracking in line with international
standards; institute a ormal procedure to identiy victims o 
tracking, particularly by police who conduct raids, and reer 
them to protection services; lit the recent ban on women
under age 30 working as domestic workers in the Gul states,and publicize that policy change; continue to monitor andevaluate anti-tracking shelters; ensure victim services are
available to male victims o tracking; implement the victim
protection provisions o the HTTCA, including protections
or victims who serve as witnesses in tracking prosecutions;
improve evidence collection, including by educating victims
on the processes required to submit their testimony; and
accede to the 2000 UN TIP Protocol.

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