Order Code RL33200
Trafficking in Persons in
Latin America and
the Caribbean
Updated November 21, 2008
Clare Ribando Seelke
Specialist in Latin American Affairs
Foreign Affairs, Defense, and Trade Division
Trafficking in Persons in
Latin America and the Caribbean
Summary
Trafficking in persons for sexual exploitation or forced labor, both within a
country and across international borders, is a lucrative criminal activity that is of
October 9, 2009
Congressional Research Service
7-5700
www.crs.gov
RL33200
CRS Report for Congress
Prepared for Members and Committees of Congress
Trafficking in Persons in Latin America and the Caribbean
Summary
Trafficking in persons (TIP) for the purpose of exploitation is a lucrative criminal activity that is
of major concern to the United States and the international community. While most
trafficking According to the most
recent U.S. State Department estimates, roughly 800,000 people are trafficked across borders
each year. If trafficking within countries is included in the total world figures, official U.S.
estimates are that some 2 to 4 million people are trafficked annually. While most trafficking
victims still appear to originate from South and Southeast Asia or the
former Soviet Union,
human trafficking is also a growing problem in Latin America and
the Caribbean. . The International Organization for
Migration (IOM) has estimated that sex trafficking in Latin America generates some $16 billion
worth of business annually.
Countries in Latin America serve as source, transit, and destination
countries for trafficking
victims. Latin America is also a primary source region for
the up to17,500 people that are trafficked to people trafficked to the United States. As
many as 17,500 are trafficked into the United States each year, according to State Department
estimates. In FY2007, . In FY2007,
victims from Latin America accounted for 41% of trafficking victims in the United
United States certified as eligible to receive U.S. assistance.
The State Department issued its eighth congressionally mandated Trafficking
in Persons (TIP) Report on June 4, 2008. Each report categorizes countries into four
tiers according to the government’s efforts to combat trafficking. Those countries
that do not cooperate in the fight against trafficking (Tier 3) have been made subject
to U.S. sanctions since 2003. The group named in 2008 includes a total of 14
countries. While Cuba is the only Latin American country ranked on Tier 3 in this
year’s TIP report, seven other countries in the region (Argentina, Costa Rica,
Dominican Republic, Guatemala, Guyana, Panama, and Venezuela) are included on
the Tier 2 Watch List and, without significant progress, could receive a Tier 3
ranking in the 2009 report.
Congress has taken a leading role in fighting human trafficking by passing the
Victims of Trafficking and Violence Protection Act of 2000 (P.L. 106-386), the
Trafficking Victims Protection Reauthorization Act of 2003 (P.L. 108-193), and the
Trafficking Victims Protection Reauthorization Act of 2005 (P.L. 109-164).
In the 110th Congress, there have been several bills with trafficking-related
provisions. The Implementing the 9/11 Commission Recommendations Act of 2007
(P.L. 110-53) directs the Secretary of Homeland Security to provide specified
funding and administrative support to strengthen the Human Smuggling and
Trafficking Center. H.R. 3887 (Lantos) approved by the House on December 4, 2007
by a vote of 405-2, would, among other provisions, reauthorize anti-trafficking
programs through FY2011, and amend the criminal code and immigration law related
to trafficking. A Senate version of that re-authorization bill, S. 3061 (Biden), was
introduced on May 22, 2008. Another bill, H.R. 2522 (Lewis), would establish a
Commission to evaluate the effectiveness of current U.S. anti-slavery efforts,
including anti-TIP programs, and make recommendations. S. 1703 (Durbin),
approved by the Senate on October 1, 2008, would create additional jurisdiction in
U.S. courts for trafficking offenses occurring in other countries.
For more information on human trafficking, see CRS Report RL34317,
Trafficking in Persons: U.S. Policy and Issues for Congress, by Clare Ribando
Seelke and Alison Siskin.
Contents
Background . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Trafficking and Migration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Trafficking and Alien Smuggling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Global Figures on Trafficking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Scope of the Problem in Latin America and the Caribbean . . . . . . . . . . . . . . 4
Child Trafficking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Trafficking for Sexual Exploitation . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Trafficking for Forced Labor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Factors that Contribute to the Rise in Trafficking . . . . . . . . . . . . . . . . . 8
Relationship to Organized Crime and Terrorism . . . . . . . . . . . . . . . . . . 9
Trafficking and HIV/AIDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
U.S. Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Anti-Trafficking Legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Legislative Action in the 109th Congress . . . . . . . . . . . . . . . . . . . . . . . 10
Legislation in the 110th Congress . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Trafficking in Persons Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Latin America and the TIP Rankings . . . . . . . . . . . . . . . . . . . . . . . . . . 12
U.S. Government Anti-Trafficking Programs in Latin America . . . . . . . . . 12
Regional and Country Anti-Trafficking Efforts . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Organization of American States . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Inter-American Development Bank . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Country Efforts: Progress and Remaining Challenges . . . . . . . . . . . . . . . . . 14
Issues for Policy Consideration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Balancing Multiple U.S. Interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Beyond Cuba and Venezuela? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Measurements of Success . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Enforcement Improvement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
List of Tables
Table 1. Latin America and the Relevant International Conventions on Human
Trafficking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Trafficking in Persons in
Latin America and the Caribbean
Background
Trafficking in persons for sexual exploitation or forced labor, both within a
country and across international borders, is a lucrative criminal activity that is of
major concern to the United States and the international community. While most
trafficking victims still appear to originate from South and Southeast Asia or the
former Soviet Union, human trafficking is a growing problem in Latin America and
the Caribbean. Latin America is also a primary source region for the up to17,500
people that are trafficked to the United States each year. In FY2007, victims from
Latin America accounted for 41% of trafficking victims in the United States certified
by the Department of Health and Human Services as eligible to receive U.S.
assistance.1
This paper describes the nature and scope of the problem of trafficking in
persons in Latin America and the Caribbean. It then describes U.S. efforts to deal
with trafficking in persons in Latin America and the Caribbean, as well as discusses
the successes and failures of some recent country and regional anti-trafficking efforts.
The paper concludes by raising issues that may be helpful for Congress to consider
as it continues to address human trafficking as part of its authorization,
appropriations, and oversight activities.
Definition
Severe forms of trafficking in persons have been defined in U.S. law as “sex
trafficking in which a commercial sex act is induced by force, fraud, or coercion, or
in which the person induced to perform such act has not attained 18 years of age; or
... the recruitment, harboring, transportation, provision, or obtaining of a person for
labor or services through the use of force, fraud, or coercion for the purpose of
subjection to involuntary servitude, peonage, debt bondage, or slavery.”2 Most
members of the international community agree that the trafficking term applies to all
cases of this nature involving minors whether a child was taken forcibly or
voluntarily.
1
“Attorney General’s Annual Report to Congress and Assessment of the U.S. Government
Activities to Combat Trafficking in Persons in FY2007,” May 2008, Available at
[http://www.usdoj.gov/ag/annualreports/tr2007/agreporthumantrafficing2007.pdf].
2
Victims of Trafficking and Violence Protection Act of 2000 (TVPA) (P.L. 106-386).
CRS-2
Trafficking and Migration. Incidences of human trafficking are often
affected by migration flows, particularly when those flows are illegal and
unregulated. In recent years, several factors have influenced emigration flows from
Latin America and the Caribbean. Whereas a large percentage of emigrants from
Latin America during the 1980s were refugees fleeing from the conflicts in Central
America, a majority of the region’s more recent emigrants have been economic
migrants in search of better paying jobs in developed countries.3 Primary destination
countries for Latin American immigrants have included Spain, Italy, Canada, the
Netherlands, Britain, and the United States. These countries, many with low birth
rates and aging populations, have come to rely on migrant laborers from Latin
America to fill low-paying jobs in agriculture, construction, manufacturing, and
domestic service. At the same time, concerns about security and other issues related
to absorbing large numbers of foreign-born populations have led many developed
countries to tighten their immigration policies. These factors have led to a global rise
in illegal immigration.
In the Western Hemisphere, increasing illegal migration has been most evident
in Mexico, particularly along its 1,951-mile northern border with the United States
and its southern border with Guatemala (596 miles) and Belize (155 miles). In 2007,
Mexican authorities reported 115,601 deportation events, a significant decline from
the 182,705 reported in 2006.4 The deportees, though primarily from Central
America, also included individuals from South American countries. Between 2002
and 2005, the number of non-Mexican undocumented migrants apprehended along
the U.S.-Mexico border more than tripled. In 2005, non-Mexicans, 90% of whom
were Latin American, accounted for 60% of the 134,185 undocumented migrants
apprehended in the Rio Grande section of the U.S.- Mexico border.5 The
apprehension of non-Mexicans along the border has decreased significantly since
2006, however. Some initially attributed that decline to the National Guard troop
presence and new detention facilities along the border. More recently others have
credited the Department of Homeland Security’s increasing arrests of illegal migrants
with discouraging would-be migrants from emigrating.6 The current decline in the
U.S. economy is likely to be another contributing factor.
Trafficking and Alien Smuggling. In 2000, the United Nations drafted
two protocols, known as the Palermo Protocols, to deal with trafficking in persons
and human smuggling.7 Trafficking in persons is often confused with alien or human
smuggling. Alien smuggling involves the provision of a service, generally
procurement or transport, to people who knowingly consent to that service in order
3
There are several exceptions to this general rule, including emigrants fleeing from Cuba
and Colombia.
4
Estadísticas Migratorias, Instituto Nactional de Migración, December 2006.
5
“Life on a Troubled Frontier,”Fort Worth Star-Telegram, June 4, 2006.
6
“Migrant Arrests Drop Along Border,” Houston Chronicle, February 22, 2007; “VOA
News: Border Patrol Program Improves Security on U.S.-Mexico Border,” U.S. Federal
News, June 26, 2008.
7
The United Nations Convention Against Organized Crime and Its Protocols, available at
[http://www.unodc.org/unodc/en/crime_cicp_convention.html].
CRS-3
to gain illegal entry into a foreign country. It ends with the arrival of the migrant at
their destination. The Trafficking Protocol considers people who have been
trafficked, who are assumed to be primarily women and children, as “victims” who
are entitled to protection and a broad range of social services from governments. In
contrast, the Smuggling Protocol considers people who have been smuggled as
willing participants in a criminal activity who should be given “humane treatment
and full protection of their rights” while being returned to their country of origin.8
Some observers contend that smuggling is a “crime against the state” and that
smuggled migrants should be immediately deported, while trafficking is a “crime
against a person” whose victims deserve to be given government assistance and
protection.9 The Department of Justice asserts that the existence of “force, fraud, or
coercion” is what distinguishes trafficking from human smuggling.10 Under U.S.
immigration law, a trafficked alien is a victim, while an alien who consents to be
smuggled may be subject to criminal prosecution and deportation. Others maintain
that there are few clear-cut distinctions between trafficking and smuggling cases and
that many people who are considered “smuggled” should actually be viewed as
trafficking victims. They argue that as immigration and border restrictions have
tightened, smuggling costs have increased and migration routes have become more
dangerous. Some smugglers have sold undocumented migrants into situations of
forced labor or prostitution in order to recover their costs.11
Global Figures on Trafficking. Trafficking in persons for sexual
exploitation or forced labor, both within a country and across international borders,
is one of the most lucrative and fastest growing types of organized crime. Due to the
clandestine nature of this type of crime, it is difficult to gather reliable data on its
prevalence in particular countries and regions of the world. Researchers have
generally had to rely on estimates compiled by non-governmental organizations
(NGOs) in order to assess the scope of the global trafficking industry. NGO reports
on trafficking tend to contain more anecdotal evidence than concrete statistics. In
addition to the difficulty of gathering good statistics on a clandestine activity,
countries may be reluctant to publish data for fear of being cited by the U.S.
government as having a major trafficking problem. According to U.S. governmentsponsored research finished in 2006, some 800,000 people are trafficked across
borders annually worldwide for forced labor, domestic servitude, or sexual
exploitation. Some 80% of those trafficking victims are women and girls, and up to
8
Ibid.
9
Statement by Claire Antonelli of Global Rights, Center for Strategic and International
Studies Event on Human Trafficking in Latin America, July 9, 2004.
10
U.S. Department of Justice, Human Smuggling and Trafficking Center, “Fact Sheet:
Distinctions Between Human Smuggling and Human Trafficking,” January 2005.
11
Ann Jordan, “Human Trafficking and Globalization,” Center for American Progress,
October 2004; “Mexico-U.S.-Caribbean: Tighter Borders Spur People Traffickers,” Latin
America Weekly Report, April 11, 2006.
CRS-4
50% are minors. These figures do not include the millions of victims who are
trafficked within their own country’s borders.12
The International Labor Organization (ILO) estimates that globally some 2.4
million people have been trafficked by private agents into situations of forced labor.
Although most observers concur that the overwhelming majority of trafficking
victims are women and children, the ILO has found that the sex of trafficking victims
depends on the type of activity they are forced to undertake. Women and girls
account for the vast majority of those trafficked for commercial sexual exploitation,
but men and boys account for 44% of those trafficked for forced or bonded labor.13
Trafficking in persons affects nearly every country and region in the world.
Internal trafficking generally flows from rural to urban or tourist centers within a
given country, while trafficking across international borders generally flows from
developing to developed nations. Countries are generally described as source, transit,
or destination countries for trafficking victims.
Scope of the Problem in Latin America and the Caribbean
Countries in Latin America and the Caribbean serve as both source, transit, and
destination countries for trafficking victims. Latin America, along with Southeast
Asia and the former Soviet Union, is a primary source region for people trafficked
to the United States. The U.S. State Department estimates that up to 17,500 people
are trafficked to the United States annually.14 Countries in Latin America and the
Caribbean also serve as transit countries for victims brought from China and other
countries to Canada or the United States.15
Child Trafficking. There is considerably less research on the extent and
nature of trafficking in persons in Latin America and the Caribbean than there is on
Asia and Europe. Most of the research that does exist focuses on trafficking in
children for sexual exploitation. This research is often tied to ongoing projects in
particular countries — targeted at children vulnerable to commercial sexual
exploitation — that are administered by the ILO and other international organizations
in partnership with local NGOs. Trafficking of children for sexual exploitation is
12
U.S. Department of State, Trafficking in Persons Report, 2008, June 4, 2008, Available
at [http://www.state.gov/g/tip/rls/tiprpt/2008/].
13
“A Global Alliance Against Forced Labor,” ILO, 2005.
14
The number of people trafficked to the United States each year has been revised
downward from 1999 Central Intelligence Agency (CIA) estimates of 45,000 to 50,000
victims, to 18,000 to 20,000 victims reported in the 2003 Trafficking in Persons report, to
the current range of 14,500 to 17, 500 trafficking victims. While the U.S. government cites
better methodologies as the reason for these altered figures, some have criticized them as
being merely ‘guesstimates.’ See Gozdziak and Collett, “Research on Human Trafficking
in North America: A Review of the Literature,” in Data and Research on Human
Trafficking: A Global Survey, International Organization for Migration (IOM), 2005.
15
See Nathalie Tran, “An Assessment on the Exploitation of Chinese Migrants in the
Western Hemisphere,” Organization of American States, July 2006.
CRS-5
most common in countries that are both popular tourist destinations and centers of
sex tourism. This problem is exacerbated by the fact that most countries in the region
have legislation establishing (on average) 14 years of age as the legal age of consent
to work. The available data show that the number of children sexually exploited in
the region is increasing while the average age of exploited children is decreasing.16
Recent press reports highlighted the pervasive problem of child sexual exploitation
in Haiti, the poorest country in the Western Hemisphere.17
Although street and orphaned children are particularly vulnerable to trafficking
into the sex industry, a large percentage of children who have been trafficked remain
living with their families and engage in commercial sex activity in order to contribute
to household income. A 2002 study of child prostitutes in El Salvador found that
57% of those interviewed lived with their parents or other close relatives.18 Other
factors associated with children at risk of trafficking include poverty, infrequent
school attendance, physical or sexual abuse, drug or alcohol addiction, and
involvement in a criminal youth gang.
In addition to sexual exploitation, Latin American children have been trafficked
for illegal adoptions and for use as soldiers in armed conflict, domestic servants, and
agricultural and mining laborers. Guatemala has been among the largest source
countries of children allegedly kidnaped and trafficked internationally for adoption.
Colombia has the largest number of children trafficked for use as child soldiers. As
of 2004, some14,000 Colombian youth as young as seven years old were estimated
to have been trafficked to fight in the country’s armed conflict.19 Since that time, the
U.N. reports that some progress has been made in reducing the forced recruitment of
child soldiers by illegally armed groups in Colombia.20 In addition to the recruitment
of child solders for armed conflict, some countries, such as Brazil, are facing
increasing instances of youth trafficked by drug gangs into urban warfare.
Children are also trafficked both internally and across international borders for
use as domestic servants. State Department officials estimate that as many as 1
million children work as domestic servants in Latin America, many of whom are
vulnerable to verbal, physical, and sexual abuse.21 A 2004 U.S. Agency for
International Development (USAID)-sponsored study explores this phenomenon in
the case of child domestic servants from Haiti who are trafficked to the Dominican
Republic. In early November 2005, the United Nations Children Emergency Fund
16
Pamela Coffey et al., “Literature Review of Trafficking in Persons in Latin America and
the Caribbean,” Development Alternatives, Inc (DAI) for the U.S. Agency for International
Development, August 2004.
17
Dan Harris, “Free the Slaves Next Door; Haiti,” Miami Herald, July 11, 2008.
18
Zoila Gonzalez de Innocenti, “Explotación Sexual Comercial de Niñas y Adolescentes:
Una Evaluación Rápida, ILO/IPEC, 2002.
19
“The Baby Trade,” Foreign Affairs, November 1, 2003; “Child Soldiers Global Report
2004,” Coalition to Stop the Use of Child Soldiers, November 17, 2004.
20
21
See [http://www.un.org/children/conflict/english/colombia58.html].
Interview with representative from the Global Office to Monitor Trafficking in Persons,
U.S. Department of State, September 29, 2005.
CRS-6
(UNICEF) and the Inter-American Commission on Human Rights (IAHCR)
condemned this practice, which has involved the trafficking of some 30,000 Haitian
children to the Dominican Republic.22
Finally, the ILO has documented instances from across the region of children
forced to work under dangerous circumstances in agricultural or mining industries.
In Bolivia, children work in the country’s mines and sugarcane harvesting, while
Brazilian youth harvest agro-export crops. On a positive note, a 2006 ILO report
found that the number of children working in Latin America and the Caribbean, many
of whom may have been trafficked for forced labor, fell by two-thirds between 2000
and 2004, faster than any other region in the world.23
Trafficking for Sexual Exploitation. While trafficking for forced labor is
a serious problem in Latin America and the Caribbean, trafficking for sexual
exploitation has been perceived as a more widespread and pressing regional
problem.24 Most victims are trafficked for prostitution, but others are used for
pornography and stripping. Children tend to be trafficked within their own countries,
while young women are often trafficked internationally, sometimes with the consent
of their husbands or other family members. Major source and recruitment countries
include Brazil, Colombia, the Dominican Republic, Uruguay, Venezuela, and
Suriname. Spain, Germany, the Netherlands, Portugal, and the United States are
commonly identified as countries of destination for Latin American trafficking
victims. Although flows are significant, some observers question 2005 TIP report
estimates that some 70,000 Brazilians, 45,000-50,000 Colombians, and 50,000
Dominicans are engaged in prostitution in Europe and may be trafficking victims,
noting that the figures have not been corroborated by European police officials. In
addition to Europe and the United States, one 2005 study estimated that as of that
time some 1,700 women from Latin America, primarily Colombians, Peruvians, and
Brazilians, were trafficked each year to Japan.25
There are also intra-regional trafficking problems. A 2005 report by the
International Organization for Migration (IOM) report asserts that the Caribbean’s
relatively open borders, lax enforcement of entertainment visa and work permit rules,
legalized prostitution, and burgeoning tourism industry have contributed to the
problem of trafficking there.26 Argentina and Brazil have also served as destination
22
Smucker and Murray, “The Uses of Children: A Study of Trafficking in Haitian
Children,” USAID/Haiti Mission, December 28, 2004; “Rights Organizations Slam Illegal
Trade in Children on Haitian-Dominican Border,” BBC News, November 7, 2005.
23
“The End of Child Labor: Within Reach,” International Labor Organization, May 2006.
24
Laura Langberg, “A Review of Recent OAS Research on Human Trafficking in the Latin
American and Caribbean Region,” in Data and Research on Human Trafficking: A Global
Survey, IOM, 2005.
25
“Annual Report on Fighting the Crime of Trafficking in Persons, Especially Women,
Adolescents, and Children in the Americas,” Inter-American Commission of Women,
Organization of the American States, May 5, 2005.
26
“Exploratory Assessment of Trafficking in Persons in the Caribbean Region,” IOM, June
(continued...)
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countries for women trafficked from the Andes or Caribbean countries like the
Dominican Republic. Panama attracts as many as 1,000 Colombian migrants per
year, many of whom are trafficked, who arrive with entertainment visas to work in
prostitution, which is legal in that country for residents and non-residents.
Trafficking has also occurred at border crossings throughout Central America and
Mexico, especially the Mexico-Guatemala border, as undocumented women who
have not been able to get to the United States end up being forced into prostitution.
Tecun Uman, a Guatemalan town near the Mexican border, reportedly had 80
brothels with some 1,000 women working as prostitutes in 2006.27
Trafficking for Forced Labor. The ILO reports that trafficking victims
comprise 20% (or 250,000) of the 1.3 million people in Latin America engaged in
forced labor. These numbers do not include the increasing numbers of Latin
Americans who have ended up in situations of forced labor after migrating to Europe
or the United States. Despite the relatively large number of victims trafficked for
forced labor in the region, there are relatively few studies on this topic.
In 2005, the International Labor Organization (ILO) estimated that some 40,000
Brazilians were trapped in situations of forced labor.28 In Brazil, forced labor is most
common in isolated, rural areas. In late 2006, press reports asserted that there were
some 1,000 camps in the Brazilian Amazon using slave labor to produce pig iron, a
key ingredient of steel. The Brazilian government has acknowledged that there have
been instances of forced labor on some sugarcane properties in Brazil, especially in
the northeast region of the country. In 2007, roughly half of the close to 6,000
workers freed by the Brazilian government from slave-like working conditions were
employed at plantations growing sugarcane for ethanol production.29
Forced labor is also used in the mahogany and gold-mining industries in the
Amazonian regions of Peru. In 2005, the ILO reported that some 33,000 people work
as forced laborers in Peruvian logging camps that produce mahogany, roughly 95%
of which is exported illegally. Press reports have recently revealed that slave labor
26
(...continued)
2005.
27
Bernd Debusmann, “Fear and Loathing on U.S.’s Lawless ‘Third Border,’”Reuters,
January 17, 2006.
28
The International Labor Organization (ILO) defines forced labor as any situation in which
work is carried out involuntarily under the menace of a penalty. The terms “forced labor”
and “slave labor” are often used interchangeably. See International Labor Organization
(ILO), “A Global Alliance Against Forced Labor,” 2005; ILO, “Waiting in Correntes:
Forced Labor in Brazil,” World of Work No. 50, 2004, pp. 15-16.
29
Smith and Voreacos, “The Secret World of Modern Slavery,” Bloomberg Markets,
December 2006; U.S. Department of Labor, Bureau of International Labor Affairs, “2006
Findings on the Worst Forms of Child Labor,” 2007; “Brazil Labor Minister Calls
Sugarcane Labor ‘Degrading,’” Dow Jones Commodity Service, June 11, 2007; TIP Report,
2008.
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is also a major problem in several of the 2,000 or so gold mines in the Peruvian
Amazon.30
Every year thousands of undocumented Haitians flock to the Dominican
Republic lured by false promises from recruiters of profits to be made in the
sugarcane fields (bateyes). Haitians and their Dominican-born children are regularly
denied identity documents necessary to prove their citizenship and job status and to
permit their children to attend school, a practice that was condemned by an October
2005 Inter-American Court of Human Rights ruling against the Dominican
government.31 In early January 2006, 25 Haitian immigrants died of asphyxiation
while being transported by human smugglers from Haiti to the Dominican Republic.
In the past few years, the Department of Justice has prosecuted an increasingly
large volume of cases of foreigners trafficked into forced labor in the United States.
Although the majority of these cases have involved trafficking for prostitution, a
significant number have involved the agricultural sector. Annually some 1.5 million
seasonal farm workers, mostly from Latin America and the Caribbean, plant and
harvest produce in the United States. Low wages, harsh working conditions, and a
lack of legal protection, combined with an ever increasing demand for cheap labor,
have resulted in growing numbers of forced labor abuses.32
Factors that Contribute to the Rise in Trafficking. Both individual
factors and outside circumstances may account for the rise of human trafficking
within and from Latin America and the Caribbean. Individual risk factors include
poverty, unemployment, illiteracy, history of physical or sexual abuse, homelessness,
drug use, and gang membership. The IOM in Colombia has identified some personal
characteristics common among trafficking victims. These include a tendency to take
risks in order to fulfill one’s goals, a focus on short-term rewards that may result
from short-term risks, and a lack of familial support and/or strong social networks.33
These risk factors that may “push” an individual towards accepting a risky job
proposition in another country have been compounded by “pull” factors, including
the hope of finding economic opportunity abroad, which is fueled by television and
internet images of wealth in the United States and Europe.
Outside factors contributing to human trafficking include the following: (1) the
high global demand for domestic servants, agricultural laborers, sex workers, and
factory labor; (2) political, social, or economic crises, as well as natural disasters,
occurring in particular countries; (3) lingering machismo (chauvinistic attitudes and
practices) that tends to lead to discrimination against women and girls; (4) existence
of established trafficking networks with sophisticated recruitment methods; (5)
public corruption, especially complicity between law enforcement and border agents
30
Ibid.
31
“Dominican Republic Rejects Criticism of Migrant Treatment,” Reuters, December 10,
2006.
32
33
Free the Slaves, “Hidden Slaves: Forced Labor in the United States,” September 2004.
Sanin et al., “Condiciones de Vulnerabilidad a la Trata de Personas en Colombia,” IOM,
2005.
CRS-9
with traffickers and alien smugglers; (6) restrictive immigration policies in some
destination countries that have limited the opportunities for legal migration flows to
occur; (7) government disinterest in the issue of human trafficking; and (8) limited
economic opportunities for women in Latin America. Although women have
achieved the same (or higher) educational levels as men in many countries, women’s
employment continues to be concentrated in low-wage, informal sector jobs. Even
in the formal sector, women’s income averages just 75% of men’s income in Latin
America.34
Relationship to Organized Crime and Terrorism. In many parts of the
world, trafficking in money, weapons, and people is largely conducted by criminal
gangs or mafia groups. Human trafficking can be a lucrative way for organized
criminal groups to fund other illicit activities. In Latin America, Mexican drug cartels
are increasingly involved in the trafficking of people as well as drugs.35 According
to the Bilateral Safety Corridor Coalition (BSCC), criminal gangs from Mexico,
Central America, Russia, Japan, Ukraine and several other countries have been
caught attempting to traffic victims across the U.S.- Mexico border. Some analysts
maintain that these gangs could eventually form ties with terrorist groups, such as Al
Qaeda, thereby threatening regional security, although there has been no evidence of
this to date. They argue that, just as terrorists have engaged in drug trafficking in
Colombia and the Tri-Border region (Argentina, Brazil and Paraguay), they may
increasingly turn to human trafficking to fund their networks and operations. Others
contend that trafficking is a type of “disorganized crime” in which traffickers are
generally individuals or small groups that collaborate on an ad-hoc basis, rather than
a big business controlled by organized crime.
Trafficking and HIV/AIDS. One of the serious public health effects of human
trafficking is the risk of victims contracting and transmitting HIV/AIDS and other
diseases. On the global level, women engaged in prostitution, whether voluntarily
or not, have a high prevalence of HIV/AIDS. Some experts have noted that human
trafficking may be linked to the spread and mutation of the AIDS virus. Research in
Latin America and the Caribbean has shown that trafficking victims, along with other
irregular migrants, are at high risk of contracting HIV/AIDS. Factors that put these
groups at risk include poverty, discrimination, exploitation, lack of legal protection
and education, cultural biases, and limited access to health services.36
34
Laíz Abramo and Maria Elena Valenzuela, “Women’s Labor Force Participation Rates
in Latin America,” International Labour Review, Geneva, 2005, Vol. 144, Issue 4.
35
“Threat Analysis: Organized Crime and Narcoterrorism in Northern Mexico,” Military
Review, January 1, 2008; Michael Miller, “The Age of Innocents,” Newsweek International,
November 3, 2008.
36
UNAIDS, Latin America Fact Sheet, July 2005; IOM, World Migration, 2005; “Mobility
and HIV in the Caribbean,” October 2005.
CRS-10
U.S. Policy
Anti-Trafficking Legislation
Congress approved the first major legislation on human trafficking, the Victims
of Trafficking and Violence Protection Act (TVPA) of 2000, and President Clinton
signed the bill into law on October 28, 2000 (P.L. 106-386).37 The law seeks to
enable the U.S. government to confront the issue of human trafficking at the national
and international level within the framework of “prevention, protection, and
prosecution.” The law directs the Secretary of State to issue an annual report to detail
the trafficking problem in each country, assess each government’s efforts to combat
trafficking, and list countries that do and do not comply with minimum standards for
the elimination of trafficking. Countries failing to meet the minimum standards are
subject to sanctions on non-humanitarian U.S. assistance unless continued assistance
is deemed to be in the U.S. national interest. The law also calls for the creation of
an Interagency Task Force to Monitor and Combat Trafficking and an Office to
Monitor and Combat Trafficking to fund anti-trafficking programs and initiatives in
foreign countries and coordinate U.S. government efforts to combat trafficking.
In 2002, Congress amended the TVPA in Sec. 682 of the Foreign Relations
Authorization Act, FY2003 (P.L. 107-228) in order to provide increasing support,
especially for NGOs, to provide services and assistance to trafficking victims.
In 2003, Congress approved the Trafficking Victims Protection Reauthorization
Act of 2003 (TVPRA), which President Bush signed into law on December 19, 2003
(P.L. 108-193). The law authorized large increases in funding for anti-trafficking
programs in FY2004 and FY2005 (totaling more than $100 million for each fiscal
year). P.L. 108-193 refines the standards for the elimination of trafficking that
governments must meet and taks those governments with providing the information
to prove their compliance. The bill also creates a “special watch list” of countries
that, although not subject to sanctions, require ongoing scrutiny.
In 2004, Congress approved the Intelligence Reform and Terrorism Protection
Act of 2004. The President signed the act into law on December 17, 2004 (P.L. 108458). P.L. 108-458 establishes a Human Smuggling and Trafficking Center to be
jointly operated by the Department of Homeland Security, the State Department, and
the Department of Justice.
Legislative Action in the 109th Congress. On October 7, 2005, the U.S.
Senate gave its advice and consent to ratify the United Nations Protocol to Prevent,
Suppress, and Punish Trafficking in Persons, Especially Women and Children.
37
For more detailed information on anti-trafficking legislation, see CRS Report RL34317,
Trafficking in Persons: U.S. Policy and Issues for Congress, by Clare Ribando Seelke and
Alison Siskin.
CRS-11
President Bush then signed the Protocol and the United States became a party to the
agreement on December 3, 2005. At present, 112 countries are party to the Protocol.38
In 2005, Congress approved the Trafficking Victims Protection Reauthorization
Act of 2005 (TVPRA), which President Bush signed into law on January 10, 2006
(P.L. 109-164). The TVPRA of 2005 contains provisions to increase support to
foreign trafficking victims in the United States, address the needs of child victims,
and develop anti-trafficking programs for post-conflict situations and humanitarian
emergencies abroad. It authorized an estimated $361 million in FY2006 and FY2007
to combat human trafficking.
Legislation in the 110th Congress. In the 110th Congress, there are several
bills with trafficking-related provisions.39 The Implementing the 9/11 Commission
Recommendations Act of 2007 (P.L. 110-53) directs the Secretary of Homeland
Security to provide specified funding and administrative support to strengthen the
Human Smuggling and Trafficking Center. H.R. 3887 (Lantos) approved by the
House on December 4, 2007 by a vote of 405-2, would, among other provisions,
reauthorize anti-trafficking programs through FY2011, and amend the criminal code
and immigration law related to trafficking. A Senate version of that re-authorization
bill, S. 3061 (Biden), was introduced on May 22, 2008. Another bill, H.R. 2522
(Lewis), would establish a Commission to evaluate the effectiveness of current U.S.
anti-slavery efforts, including anti-TIP programs, and make recommendations. S.
1703 (Durbin), approved by the Senate on October 1, 2008, would create additional
jurisdiction in U.S. courts for trafficking offenses occurring in other countries.
Trafficking in Persons Reports
On June 4, 2008, the State Department issued its seventh annual report on
human trafficking, Trafficking in Persons Report (TIP), June 2008, as mandated by
P.L. 106-386 and P.L. 108-193.40 The 2008 TIP report is more comprehensive than
prior reports, ranking 153 countries as compared to 151 countries in the 2007 report.
It also discusses trafficking in persons in 17 “special case” countries, including Haiti,
for which there was not enough information available to determine a tier ranking.41
In the 2008 TIP report, as in previous reports, countries are ranked in four
groups or tiers. Tier 1 is comprised of the countries that have a serious trafficking
problem but fully comply with the act’s minimum standards for the elimination of
trafficking. Tier 2 consists of the countries the State Department identifies as not
38
See [http://www.unodc.org/unodc/trafficking_protocol.html]. For a list of signatory
countries, see [http://www.unodc.org/unodc/crime_cicp_signatures_trafficking.html].
39
For more information, see CRS Report RL34317, Trafficking in Persons: U.S. Policy and
Issues for Congress.
40
U.S. Department of State, Trafficking in Persons Report, 2007, June 12, 2007,
[http://www.state.gov/g/tip/rls/tiprpt/2007/index.htm].
41
Countries not included in the report either do not appear to have a trafficking problem (at
least 100 cases per year) or there is insufficient data to ascertain whether or not they have
a trafficking problem.
CRS-12
fully complying with those standards but making “significant efforts to bring
themselves into compliance.” Tier 2 Watch-list, first added in the 2004 report, are
the countries that are between Tier 2 and Tier 3, that the State Department must
submit an interim report for by February 2007 in advance of the next TIP report. Tier
3 are the countries whose governments are deemed as not fully complying with the
minimum standards and not making significant efforts to do so.42
Latin America and the TIP Rankings. The 2008 TIP Report presents
evidence that there has been some improvement on the part of governments in Latin
America in addressing the issue of human trafficking. In 2008, Cuba is the only
Latin American country identified as Tier 3 and made subject to possible U.S.
trafficking-related sanctions.43 However, seven other countries — including
Argentina, Costa Rica, Dominican Republic, Guatemala, Guyana, Panama, and
Venezuela — are on the Tier 2 Watch List in the 2008 report and could fall into the
Tier 3 category by 2009.
According to the 2008 TIP report, while some countries made substantial
progress in combating human trafficking, others lagged behind. Mexico, a country
that spent four years on the Tier 2 Watch List, earned a Tier 2 ranking in this year’s
report by enacting a comprehensive anti-TIP law, constructing shelters for trafficking
victims, and sponsoring training sessions and seminars to increase both government
and popular knowledge about human trafficking. Honduras also moved off the Tier
2 Watch List by opening 74 TIP investigations, beginning 13 prosecutions, and
securing eight TIP-related convictions. Venezuela also stepped up its anti-TIP law
enforcement efforts, passed legislation with new anti-TIP provisions, and continued
its preventive efforts, earning a spot on the Tier 2 Watch List after spending four
years on Tier 3. In contrast, Argentina received its third consecutive Tier 2 Watch
List rating for failing to increase TIP prosecutions, provide adequate assistance to
victims, and punish official corruption related to trafficking in persons. The
Dominican Republic is on the Tier 2 Watch List for a second straight year for failing
to provide adequate assistance and legal protection to TIP victims, particularly
undocumented workers of Haitian descent, and for not adequately punishing
government complicity in trafficking activities. Guatemala and Guyana are also
ranked on the Tier 2 Watch List for the second consecutive year.
U.S. Government Anti-Trafficking Programs in Latin America
In FY2007, the U.S. government obligated $79.4 million in anti-trafficking
assistance to foreign governments worldwide, up slightly from the $74 million
obligated in FY2006. Roughly 22% of U.S. international anti-TIP funding supported
42
Beginning in 2003, countries on Tier 3 were made subject to sanctions on nonhumanitarian, non-trade-related assistance and loss of U.S. support from international
financial institutions. Sanctions may be imposed if such countries have not made adequate
progress in combating trafficking by the date that the President issues a determination
(generally within 90 days of the release of the report) or have not been granted a sanctions
waiver.
43
The other Tier 3 countries include Algeria, Burma, Cuba, Fiji, Iran, Kuwait, Moldova,
North Korea, Oman, Papau New Guinea, Qatar, Saudi Arabia, Sudan, and Syria.
CRS-13
projects in Latin America. Anti-trafficking programs are administered by a variety
of U.S. agencies, primarily the State Department, the U.S. Agency for International
Development, and the Department of Labor. The majority of the programs are either
regional, or directed at countries that were placed on either Tier 3 or the Tier 2
Watch-list in recent TIP reports.
Whereas regional programs in Latin America supported initiatives necessary to
address the cross-cutting nature of human trafficking, bilateral programs aimed to
help governments solve specific challenges they have had in addressing human
trafficking. For example, anti-trafficking programs in the Dominican Republic were
targeted at combating child labor and identifying possible trafficking of victims from
Haiti. Programs in Mexico aimed to support the passage of trafficking legislation at
the federal and state level and to train security and law enforcement officials on how
to identify and treat TIP victims. A program in Guyana aimed to increase the capacity
of the country’s judicial system to investigate and prosecute TIP cases.
In addition to foreign aid programs, various agencies within the Department of
Homeland Security are stepping up joint efforts with Mexican officials to identify,
arrest, and prosecute human trafficking and smuggling rings that operate along the
U.S - Mexico border and beyond. In August 2005, the Bureau of U.S. Customs and
Border Protection (CBP) in DHS announced a new program, the “Operation Against
Smugglers (and Traffickers) Initiative on Safety and Security” (OASISS), aimed at
strengthening cooperation with Mexican officials to crack down on these types of
criminal groups. As of the end of FY2007, U.S. and Mexican officials had generated
597 cases and presented 660 individuals for prosecution in Mexico under the
OASISS program.44
Regional and Country Anti-Trafficking Efforts
Organization of American States
OAS efforts to combat trafficking in persons began in 1999 when the InterAmerican Commission of Women (CIM) co-sponsored a research study on
trafficking in persons in nine countries in Latin America that offered broad
recommendations for its elimination. In 2003 and 2004, the OAS General Assembly
passed two resolutions on the subject, the latter of which created an OAS Coordinator
on the Issue of Trafficking in Persons, originally based in the CIM and now part of
the Department for the Prevention of Threats to Public Security.
Since that time, OAS, in partnership with IOM, has provided training and held
workshops for government officials and representatives from civil society in Mexico,
Bolivia, Belize, Haiti, and the English-speaking Caribbean and the Netherlands
Antilles. OAS representatives have participated in numerous seminars at the country,
regional, and international level to identify and disseminate information on best
practices in the region. In March 2006, the first regional meeting of national anti-TIP
authorities was held in Venezuela. At that time, national authorities agreed to a
44
U.S. Department for Homeland Security, Bureau of Customs and Border Protection, “Fact
Sheet: Securing America’s Borders: CBP 2007 Fiscal Year in Review,” November 6, 2007.
CRS-14
series of recommended country and regional actions to be taken in order to address
the problem of trafficking in persons. The OAS has developed a web-site at which
individuals can report cases of human trafficking. It has also begun to conduct
periodic research studies, including a study on trafficking flows from Latin America
to Japan, an assessment of the treatment of Chinese migrants in the Western
hemisphere, and a report on trafficking of Dominicans to Puerto Rico. Recent OASsponsored training session have focused on helping legislators develop anti-TIP legal
frameworks and assisting Latin America consular officials serving abroad to identify
possible TIP victims from their home countries.
Inter-American Development Bank
In 2004, the Inter-American Development Bank (IDB) formed an internal
working group to begin developing ways to support governments’ anti-trafficking
efforts in the region. The IDB is coordinating its efforts with the OAS and the IOM,
and has developed technical cooperation projects for Bolivia, Colombia, El Salvador,
Guyana, and Paraguay. The IDB is also working with the Ricky Martin Foundation
to raise awareness of the extent of child trafficking in the region through public
service announcements, promotional materials, and a video on best practices to
combat trafficking in the region. In 2006, the Bank and the Foundation opened
trafficking prevention hotlines (funded by IOM) in Central America, Colombia,
Mexico, and Peru. As of April 2008, those hotlines have received more than 50,000
calls and led to the initiation of at least 60 police investigations.45
Country Efforts: Progress and Remaining Challenges
Over the last few years, most Latin American countries, perhaps motivated by
international pressure or the threat of U.S. sanctions, have taken steps to address the
growing problem of human trafficking. As evidenced in Table 1, a majority of
countries in the region have signed and ratified several international protocols in
which they have pledged to combat various aspects of the trafficking problem. Those
agreements include The UN Protocol to Prevent, Suppress and Punish Trafficking in
Persons, ILO Conventions on Abolishing Forced Labor and the Worst Forms of
Child Labor; the Optional Protocol to the UN Convention on the Rights of the Child
(CRC) on the Sale of Children, Child Prostitution, and Pornography; and The
Optional Protocol to the CRC on the Involvement of Children in Armed Conflict.
A number of countries, including seven countries in 2007, also passed new or
amended anti-trafficking legislation and several created National TIP Coordinators
or Task Forces to coordinate anti-TIP programs and initiatives. Most governments
in the region that have received a Tier 3 designation, though initially dismayed, have
worked with U.S. officials to address the problem of trafficking in persons during the
90-day grace period before the Presidential determination.
The general problem with the new international commitments, legal reforms,
and human trafficking initiatives that have emerged in Latin America is that many
countries appear to lack the resources and perhaps the political will to fund and
45
“IDB, Ricky Martin Also Announce Campaign Expansion in Latin America,” U.S.
Federal News, April 29, 2008.
CRS-15
implement their anti-trafficking programs adequately. Sometimes country efforts are,
for example, thwarted by larger problems, such as political instability. Many
countries have few, if any, shelters for trafficking victims and, as in the case of
Paraguay, no follow-up plans to help victims after they return from overseas or to
their residences in smaller towns across the country. Some countries, including
Guyana and Belize, have appeared to model their national TIP laws so closely to
TVPA that they do not have the resources or the manpower to implement the
complicated legislation. Public corruption is also a major obstacle to effective antitrafficking programming as there is often complicity between traffickers and corrupt
border officials, customs agents, law enforcement personnel, and politicians.
Issues for Policy Consideration
There are a number of issues and foreign policy considerations affecting the
implementation of anti-trafficking in persons legislation that make U.S. efforts on
this front appear inconsistent at times. Indeed, the State Department has
acknowledged that the United States has a “deep, involved relationship” with a
number of the countries in the TIP report, but that trafficking is “an important moral
issue” that “we’re not going to hesitate to bring up [with those countries].”46 As is
the case with many human rights issues, ethical concerns about human trafficking
must be balanced against broader U.S. geopolitical goals and interests in each
country. Striking a balance between these competing concerns is exacerbated by the
difficulty of gauging the effectiveness of existing implementation efforts. Issues that
may be considered when evaluating the implementation of U.S. anti-trafficking
policies are discussed below.
Balancing Multiple U.S. Interests
U.S. interests in Latin America are multiple and, at times, conflicting. These
interests include strengthening democracy, promoting economic growth through free
trade, stemming the flow of illegal narcotics and undocumented migrants, and
cooperating on border security and anti-terrorism measures. These broad interests
either directly or indirectly affect all U.S. policy in the region and may at times
conflict with specific human rights goals, such as fighting human trafficking.
There are several ways in which broader U.S. foreign policy goals may influence
the TIP report and sanctions process. Some observers maintain that there are certain
U.S. allies in the region that could never be sanctioned for political reasons. Others
contend that the repeated inclusion of Cuba and Venezuela on the Tier 3 list has
constituted “selective indignation” on the part of the U.S. government.47 U.S.
Embassy officials in the region have noted that it is sometimes difficult to produce
an unbiased account of government efforts against trafficking without being swayed
by underlying foreign policy concerns. Others say that it is difficult to deal with
trafficking in persons when a country is undergoing extreme political instability, and
46
47
McCormack, June 3, 2005.
“Politics: U.S. Trafficking Report Includes Cuba and Venezuela,” Global Information
Network, June 10, 2005.
CRS-16
that were TIP sanctions actually enforced, that they might undermine the broader
U.S. goals of preventing democratic breakdown in the hemisphere.48
Beyond Cuba and Venezuela?
Since 2003, no governments in Latin America except Cuba and Venezuela have
been subject to partial or full sanctions for failing to meet the minimum standards of
TVPA. Ecuador appeared on the Tier 3 list in both 2004 and 2005 but did not face
sanctions. Some argue that sanctions will probably only be applied to countries
already subject to sanctions — such as Burma, Cuba, or North Korea — and that
threatening other countries with sanctions may actually encourage them to become
less open to working with the United States. Others argue that this may be the case
with China or Saudi Arabia, but most Latin American countries depend on good
political and economic relations with the United States and fear the public
humiliation that comes with a Tier 3 designation as much as actual sanctions. For
example, some believe a Tier 3 designation motivated the government of Belize to
take several positive steps against trafficking in the summer of 2006. In this view,
the government of Belize may have been motivated by the sanctions threat, but it was
also concerned with maintaining its international image as a good destination for
foreign tourists.
Measurements of Success
It is often difficult to measure success in the fight against human trafficking.
The State Department has identified the passage of new TIP legislation or the
amendment of existing TIP legislation to increase prosecutions of traffickers as
evidence of some success. Since many countries in Latin America have passed or
amended their existing TIP laws in recent years, it follows that an increasing number
of prosecutions and convictions under that legislation should be a further indicator
of success in combating TIP. In 2007, there were 426 prosecutions of suspected
traffickers, but only 113 convictions in Latin America. These figures pale in
comparison to East Asia and the Pacific, with 1,074 prosecutions and 651
convictions, and Europe, with 2,820 prosecutions and 1,941 convictions in 2007.
They also pale in comparison to the number of reported victims both in Latin
America and globally. Some have asserted that the low conviction rates in Latin
America may be due to the fact that it is easier to prosecute traffickers for other
offenses, such as money laundering, than for trafficking in persons. Others have
noted that even in the United States, there were only 89 defendants charged with
trafficking and 103 individuals convicted of TIP-related crimes in 2007.49
Enforcement Improvement
In order to improve enforcement of TIP legislation in Latin America, observers
have identified several issues that they maintain should be addressed. Some have
noted that countries, instead of being encouraged to pass laws modeled after other
48
Interviews with State Department Officials, September 2005.
49
TIP Report, 2008.
CRS-17
countries (such as the TVPA), need to be given time to develop trafficking laws that
respond to their particular TIP problems and law enforcement capacities. Once
legislation is in place, more attention and resources may be needed to help countries
implement that legislation, and that assistance may need to go beyond training for
law enforcement and legal professionals. Third, attention may be needed to address
the issue of police corruption that has long-plagued many countries in the
hemisphere. This could be addressed by stiffening penalties for police, border
guards, lawyers, judges, or politicians caught assisting traffickers.
CRS-18
Table 1. Latin America and the Relevant International Conventions on Human Trafficking
Country
Argentina
2007 Tier
Placement
2008 Tier
Placement
UN TIP
Protocol
Signed Ratified (a)
ILO
Convention
105
Ratified
Tier 2
Tier 2 WL
X
X
X
WL*
Belize
Tier 2
Tier 2
X (a)**
X
Bolivia
Tier 2
Tier 2
X
X
X
Brazil
Tier 2
Tier 2
X
X
X
Chile
Tier 2
Tier 2
X
X
X
Colombia
Tier 1
Tier 1
X
X
X
Costa Rica
Tier 2
Tier 2 WL
X
X
X
Cuba
Tier 3
Tier 3
X
DR
Tier 2WL
Tier 2 WL
X
X
Ecuador
Tier 2
Tier 2
X
X
X
El Salvador
Tier 2
Tier 2
X
X
X
Guatemala
Tier 2WL
Tier 2WL
X (a)
X
Guyana
Tier 2 WL Tier 2 WL
X (a)
X
Haiti
Not rated
Not rated
X
X
Honduras
Tier 2WL
Tier 2
X
Jamaica
Tier 2
Tier 2
X
X
X
Mexico
Tier 2 WL
Tier 2
X
X
X
Nicaragua
Tier 2
Tier 2
X (a)
X
Panama
Tier 2
Tier 2 WL
X
X
X
Paraguay
Tier 2
Tier 2
X
X
X
Peru
Tier 2
Tier 2
X
X
X
Suriname
Tier 2
Tier 2
X(a)
X
Venezuela
Tier 3
Tier 2 WL
X
X
X
Source: U.S. Department of State, Trafficking in Persons Report, 2008, June 4, 2008.
ILO
Convention
182
Ratified
Optional Protocol of CRC
Signed
Ratified (a)
Optional Protocol
CRC Armed Conflict
Signed
Ratified (a)
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X(a)
X
X
X
X
X
X(a)
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X (a)
X
X
X
X
X
X
X
X
X
X
X (a)
X
X
X
X
* (WL) indicates placement on Tier 2 Watch List as opposed to Tier 2.
** (a) indicates accession.
Treaties and Protocols:
— U.N. Protocol to Prevent, Suppress and Punish Trafficking in Persons
— ILO Convention 105 (Abolition of Forced Labor)
— ILO Convention 182 (Convention on the Worst Forms of Child Labor)
— Optional Protocol to the Convention on the Rights of the Child (CRC) on the Sale of Children, Child Prostitution, and Pornography
— Optional Protocol to the CRC on the Involvement of Children in Armed Conflict
X
X
X
X
X
X
X
X (a)
X
X
X(a)
X
X
X
X In FY2008, Mexico alone accounted
for 23% of the foreign TIP victims who were certified.
Since enactment of the Victims of Trafficking and Violence Protection Act of 2000 (P.L. 106386), successive Administrations and Congress have taken steps to address human trafficking.
The 110th Congress passed The William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008 (P.L. 110-457, signed into law on December 23, 2008). The Act,
among other provisions, authorizes TIP appropriations for FY2008 through FY2011. Obligations
for U.S.-funded anti-TIP programs in Latin America totaled roughly $13.7 million in FY2008,
down from $17.5 million in FY2007.
On June 16, 2009, the State Department issued its ninth annual, congressionally mandated report
on human trafficking. In addition to outlining major trends and ongoing challenges in combating
TIP, the report categorizes countries into four “tiers” according to the government’s efforts to
combat trafficking. Those countries that do not cooperate in the fight against trafficking (Tier 3)
have been made subject to U.S. foreign assistance sanctions. While Cuba is the only Latin
American country ranked on Tier 3 in this year’s TIP report, seven other countries and one
territory in the region—Argentina, Belize, Dominican Republic, Guatemala, Guyana, the
Netherlands Antilles, Venezuela, and St. Vincent and the Grenadines—are on the Tier 2 Watch
List. Unless those countries make significant progress in the next six months, they could receive a
Tier 3 ranking in the 2010 report.
The 111th Congress may continue to exercise its oversight of TIP programs and operations,
including U.S.-funded programs in Latin America. Congress may consider increasing funding for
anti-TIP programs in the region, possibly through the Mérida Initiative, or through other
assistance programs. Congress may also monitor new trends in human trafficking in the region,
including the increasing involvement of Mexican drug trafficking organizations in TIP. Another
issue of interest may be whether sufficient efforts are being applied to address all forms of TIP in
Latin America, including not only sexual exploitation, but also forced labor. For more general
information on human trafficking, see CRS Report RL34317, Trafficking in Persons: U.S. Policy
and Issues for Congress, by Liana Sun Wyler, Alison Siskin, and Clare Ribando Seelke.
Congressional Research Service
Trafficking in Persons in Latin America and the Caribbean
Contents
Background ................................................................................................................................1
Definition .............................................................................................................................1
Trafficking vs. Human Smuggling.........................................................................................1
Trafficking and Illegal Immigration.......................................................................................2
Global Figures on Trafficking ...............................................................................................3
Human Trafficking in Latin America and the Caribbean ..............................................................4
Factors that Contribute to Human Trafficking in the Region ..................................................4
Child Trafficking...................................................................................................................5
Trafficking for Sexual Exploitation .......................................................................................6
Trafficking for Forced Labor .................................................................................................7
Relationship to Organized Crime and Terrorism ....................................................................8
Trafficking and HIV/AIDS....................................................................................................9
U.S. Policy..................................................................................................................................9
Anti-Trafficking Legislation..................................................................................................9
Trafficking in Persons Reports and Latin America ............................................................... 10
U.S. Government Anti-Trafficking Programs in Latin America ............................................ 11
Regional and Country Anti-Trafficking Efforts.......................................................................... 12
Organization of American States ......................................................................................... 12
Inter-American Development Bank ..................................................................................... 12
Country Efforts: Progress and Remaining Challenges .......................................................... 12
Issues for Policy Consideration ................................................................................................. 13
Sanctions: Are They Useful? ............................................................................................... 14
How to Measure Success..................................................................................................... 14
Enforcement Improvement .................................................................................................. 14
Forced Labor: Adequacy of Country Efforts ........................................................................ 15
Debates About Prostitution and Trafficking ......................................................................... 15
Is U.S. Anti-TIP Assistance for Latin America Sufficient? ................................................... 16
Tables
Table 1. Latin America and the Relevant International Conventions on Human
Trafficking ............................................................................................................................. 17
Contacts
Author Contact Information ...................................................................................................... 19
Congressional Research Service
Trafficking in Persons in Latin America and the Caribbean
Background
Trafficking in persons (TIP) is a growing problem in Latin America and the Caribbean, a region
that contains major source, transit, and destination countries for trafficking victims. Major forms
of TIP in the region now include: commercial sexual exploitation of women and girls, labor
trafficking within national borders (including child labor), and the trafficking of illegal
immigrants in Mexico and Central America. Latin America is a primary source region for people
that are trafficked to the United States, as well as for victims trafficked to Western Europe and
Japan. As many as 17,500 are trafficked into the United States each year, according to State
Department estimates. 1 Latin America is also a transit region for Asian victims destined for the
United States, Canada, and Europe. Some of the wealthier countries in the region (such as Brazil,
Costa Rica, Chile, Argentina, Panama, and Mexico) also serve as TIP destinations.
This paper describes the nature and scope of the problem of trafficking in persons in Latin
America and the Caribbean.2 It then describes U.S. efforts to deal with trafficking in persons in
the region, as well as discusses the successes and failures of some recent country and regional
anti-trafficking efforts. The paper concludes by raising issues that may be helpful for Congress to
consider as it continues to address human trafficking as part of its authorization, appropriations,
and oversight activities.
Definition
Severe forms of trafficking in persons have been defined in U.S. law as “sex trafficking in which
a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to
perform such act has not attained 18 years of age; or ... the recruitment, harboring, transportation,
provision, or obtaining of a person for labor or services through the use of force, fraud, or
coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or
slavery.”3 Most members of the international community agree that the trafficking term applies to
all cases of this nature involving minors whether a child was taken forcibly or voluntarily.
Trafficking vs. Human Smuggling
In 2000, the United Nations drafted two protocols, known as the Palermo Protocols, to deal with
trafficking in persons and human smuggling.4 Trafficking in persons is often confused with
human smuggling. This confusion has been particularly common among Latin American
officials. 5 Alien smuggling involves the provision of a service, generally procurement or
1
This figure was cited in the U.S. Department of State, Trafficking in Persons (TIP) Report 2006, June 5, 2006. More
recent TIP reports do not include estimates of the number of people trafficked into the United States.
2
For more general information on human trafficking, see CRS Report RL34317, Trafficking in Persons: U.S. Policy
and Issues for Congress.
3
Victims of Trafficking and Violence Protection Act of 2000 (TVPA) (P.L. 106-386).
4
The United Nations Convention Against Organized Crime and Its Protocols, available at
http://www.unodc.org/unodc/en/crime_cicp_convention.html.
5
The most accurate phrase in Spanish for referring to human trafficking is la trata de personas (the trade of people),
rather than the commonly used phrase el tráfico de personas (the traffic of people), which means something akin to
human smuggling. See: U.S. Department of State, Trafficking in Persons (TIP) Report, June 2009, available at
http://www.state.gov/g/tip/rls/tiprpt/2009/.
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transport, to people who knowingly consent to that service in order to gain illegal entry into a
foreign country. It ends with the arrival of the migrant at their destination. The Trafficking
Protocol considers people who have been trafficked, who are assumed to be primarily women and
children, as “victims” who are entitled to protection and a broad range of social services from
governments. In contrast, the Smuggling Protocol considers people who have been smuggled as
willing participants in a criminal activity who should be given “humane treatment and full
protection of their rights” while being returned to their country of origin.6
Many observers contend that smuggling is a “crime against the state” and that smuggled migrants
should be immediately deported, while trafficking is a “crime against a person” whose victims
deserve to be given government assistance and protection. The Department of Justice asserts that
the existence of “force, fraud, or coercion” is what distinguishes trafficking from human
smuggling.7 Under U.S. immigration law, a trafficked migrant is a victim, while an illegal alien
who consents to be smuggled is complicit in a criminal activity and may therefore be subject to
prosecution and deportation.
Trafficking and Illegal Immigration
Incidences of human trafficking are often affected by migration flows, particularly when those
flows are illegal and unregulated. In recent years, several factors have influenced emigration
flows from Latin America and the Caribbean. Whereas a large percentage of emigrants from Latin
America during the 1980s were refugees fleeing from the conflicts in Central America, a majority
of the region’s more recent emigrants have been economic migrants in search of better paying
jobs in developed countries.8 Primary destination countries for Latin American immigrants have
included Spain, Italy, Canada, the Netherlands, Britain, and the United States. These countries,
many with low birth rates and aging populations, have come to rely on migrant laborers from
Latin America to fill low-paying jobs in agriculture, construction, manufacturing, and domestic
service. At the same time, concerns about security and other issues related to absorbing large
numbers of foreign-born populations have led many developed countries to tighten their
immigration policies. These factors have led to a global rise in illegal immigration.
In the Western Hemisphere, illegal migration flows have been most evident in Mexico,
particularly along its 1,951-mile northern border with the United States and its southern border
with Guatemala (596 miles) and Belize (155 miles). Between 2002 and 2005, for example, the
number of non-Mexican illegal migrants apprehended along the U.S.-Mexico border more than
tripled. 9 The apprehension of Mexicans and non-Mexicans along the border has decreased
significantly since 2006, however.10 While some have credited increased U.S. border security
enforcement with discouraging would-be migrants from emigrating, many others have attributed
recent declines in illegal immigration to the recent slowdown in the U.S. economy.11
6
Ibid.
7
U.S. Department of Justice, Human Smuggling and Trafficking Center, “Fact Sheet: Distinctions Between Human
Smuggling and Human Trafficking,” January 2005.
8
There are several exceptions to this general rule, including emigrants fleeing from Cuba and Colombia.
9
“Life on a Trouble Frontier,” Fort Worth Star-Telegram, June 4, 2006.
10
Jeffrey Passel and D’Vera Cohen, “Trends in Unauthorized Immigration: Undocumented Inflow Now Trails Legal
Inflow,” Pew Hispanic Center, October 2, 2008.
11
“VOA News: Border Patrol Program Improves Security on U.S.-Mexico Border,” U.S. Federal News, June 26, 2008;
(continued...)
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As U.S. immigration and border restrictions have tightened, illegal immigrants have increasingly
turned to smugglers to lead them through Mexico and across the U.S.-Mexico border. In order to
avoid detection by U.S. border patrol agents, smuggling routes have become more dangerous and
therefore more costly. Some smugglers have sold undocumented migrants into situations of
forced labor or prostitution in order to recover their costs. Recent studies illustrate how illegal
immigrants transiting Mexico and Central America, many of whom lack legal protection because
of their immigration status, have become increasingly vulnerable to human trafficking.12
Global Figures on Trafficking
TIP is considered to be one of today’s leading criminal enterprises and is believed to affect
virtually all countries around the globe. According to the United Nations, governments reported
the trafficking of people originating from 127 countries and exploited in 137 countries worldwide
from 1996 to 2003.13 Despite limited data on the nature and severity of the problem, the U.S.
government (USG) estimates that roughly 800,000 people are trafficked across borders each
year.14 If trafficking within countries is included in the total world figures, official U.S. estimates
are that 2 to 4 million people are trafficked annually. The International Labor Organization (ILO)
estimates that there are at least 2.4 million trafficked persons at any given moment, generating
profits as high as $32 billion (USD).15 The accuracy of these and other estimates, however, have
been questioned.
The U.S. Government Accountability Office (GAO) released a report in 2006 casting doubt on
the methodology and reliability of official USG figures. It concluded that the “U.S. government
has not yet established an effective mechanism for estimating the number of victims or for
conducting ongoing analysis of trafficking related data.”16 Figures provided by other international
organizations are unlikely to be any more accurate.
Trafficking in persons affects nearly every country and region in the world. Internal trafficking
generally flows from rural to urban or tourist centers within a given country, while trafficking
across international borders generally flows from developing to developed nations. Countries are
generally described as source, transit, or destination countries for TIP victims. Many experts
conclude that a country is more likely to become a source of human trafficking if it has recently
experienced political upheaval, armed conflict, economic crisis, or natural disaster. The ILO and
(...continued)
Mike Swift and Ken McLaughlin, “Recession Seen Deterring Illegal Immigration,” McClatchy-Tribune News Service,
July 22, 2009.
12
“Human Trafficking Assessment Tool: Mexico,” American Bar Association Rule of Law Initiative, March 2009;
“International Migration and Trafficking of Mexican Women to the United States,” in Trafficking and the Global Sex
Industry, Karen Beeks and Delia Amir, eds. Lanham, MD: Lexington Books, 2006; U.N. Office on Drugs and Crime
(UNODC), “Diagnóstico de las Capacidades Nacionales y Regionales Para la Persecución Penal del Delito de Trata de
Personas en América Central,” 2009.
13
UNDOC, Trafficking in Persons: Global Patterns, April 2006.
14
U.S. Department of State, Trafficking in Persons Report, June 2008. Notably, the estimate of 600,000 to 800,000
people trafficked across borders each year is from 2003.
15
International Labor Organization (ILO), “ILO Action against Trafficking in Human Beings,” 2008.
16
U.S. Government Accountability Office (GAO), “Human Trafficking: Better Data, Strategy, and Reporting Needed
to Enhance U.S. Antitrafficking Efforts Abroad,” July 2006, p. 3. (GAO-06-825).
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others have warned that there is likely to be a significant increase in trafficking worldwide as a
result of the increased poverty and unemployment brought on by the global financial crisis.17
Studies have found that human trafficking disproportionately affects women and girls. Most
recently, a U.N. Office on Drugs and Crime (UNODC) study found that, on average, 65%-75% of
human trafficking victims are women and 15%-25% are minors.18 The ILO estimates women and
girls account for 56% of victims in forced economic exploitation, such as domestic service,
agricultural work, and manufacturing—and 98% of victims in forced commercial sexual
exploitation.19 The vulnerability of women and girls is due to a number of factors in source,
transit, and destination countries.20
Human Trafficking in Latin America and the
Caribbean
Human trafficking is a growing problem in Latin America and the Caribbean. IOM has estimated
that sex trafficking in Latin America now generates some $16 billion worth of business annually.
Internal trafficking for forced and child labor is widespread in many countries in the region. In
addition, the U.S. State Department has identified several countries as major source, transit, and
destinations for victims of transnational TIP. Those countries include:
•
Source countries: Colombia, Dominican Republic, Guatemala, Haiti, Honduras,
Mexico, Nicaragua, and Paraguay
•
Transit countries: All of Central America and the Caribbean
•
Destination countries: Argentina, Bahamas, Barbados, Brazil, Chile, Costa
Rica, Mexico, Netherland Antilles, Panama, St. Lucia, and Trinidad and
Tobago.21
Factors that Contribute to Human Trafficking in the Region
Both individual factors and outside circumstances contribute to human trafficking within and
from Latin America and the Caribbean. Individual risk factors include poverty, unemployment,
illiteracy, history of physical or sexual abuse, homelessness, drug use, and gang membership. The
IOM in Colombia has identified some personal characteristics common among trafficking
victims. These include a tendency to take risks in order to fulfill one’s goals, a focus on shortterm rewards that may result from short-term risks, and a lack of familial support and/or strong
social networks.22 These risk factors that may “push” an individual towards accepting a risky job
17
ILO, The Cost of Coercion, May 2009.
UNODC and the United Nations Global Initiative to Fight Human Trafficking (UNGIFT), Global Report on
Trafficking in Persons, February 2009.
19
ILO, A Global Alliance Against Forced Labor, 2005.
20
U.S. Department of State, Office to Monitor and Combat Trafficking in Persons (G-TIP), “Fact Sheet: Gender
Imbalance in Human Trafficking,” June 16, 2009.
21
U.S. Department of State, G-TIP, Power Point Presentation from Briefing on TIP in the Western Hemisphere, July
2009.
22
Sanin et al., “Condiciones de Vulnerabilidad a la Trata de Personas en Colombia,” IOM, 2005.
18
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proposition in another country have been compounded by “pull” factors, including the hope of
finding economic opportunity abroad, which is fueled by television and internet images of wealth
in the United States and Europe.
Outside factors contributing to human trafficking include the following: (1) the high global
demand for domestic servants, agricultural laborers, sex workers, and factory labor; (2) political,
social, or economic crises, as well as natural disasters, occurring in particular countries; (3)
lingering machismo (chauvinistic attitudes and practices) that tends to lead to discrimination
against women and girls; (4) existence of established trafficking networks with sophisticated
recruitment methods; (5) public corruption, especially complicity between law enforcement and
border agents with traffickers and alien smugglers; (6) restrictive immigration policies in some
destination countries that have limited the opportunities for legal migration flows to occur; (7)
government disinterest in the issue of human trafficking; and (8) limited economic opportunities
for women in Latin America. Although women have achieved the same (or higher) educational
levels as men in many countries, women’s employment continues to be concentrated in lowwage, informal sector jobs. Even in the formal sector, women’s income averages just 75% of
men’s income in Latin America.23
Child Trafficking
There is considerably less research on the extent and nature of trafficking in persons in Latin
America and the Caribbean than there is on Asia and Europe. Most of the research that does exist
has focused, at least until recently, on trafficking in children for sexual exploitation. Trafficking
of children for sexual exploitation is most common in countries that are both popular tourist
destinations and centers of sex tourism. 24 This problem is exacerbated by the fact that most
countries in the region have legislation establishing (on average) 14 years of age as the legal age
of consent to work. The available data show that the number of children (girls and boys) sexually
exploited in the region is increasing while the average age of exploited children is decreasing.25
Although street and orphaned children are particularly vulnerable to trafficking into the sex
industry, a large percentage of children who have been trafficked remain living with their families
and engage in commercial sex activity in order to contribute to household income. A 2002 study
of child prostitutes in El Salvador found that 57% of those interviewed lived with their parents or
other close relatives. 26 Other factors associated with children at risk of trafficking include poverty,
infrequent school attendance, physical or sexual abuse, drug or alcohol addiction, and
involvement in a criminal youth gang.
In addition to sexual exploitation, Latin American children have been trafficked for illegal
adoptions, for use as soldiers in armed conflict, and to work for organized criminal groups.
Guatemala has been among the largest source countries of children kidnapped and trafficked
23
Laíz Abramo and Maria Elena Valenzuela, “Women’s Labor Force Participation Rates in Latin America,”
International Labour Review, Geneva, 2005, Vol. 144, Issue 4.
24
The State Department has identified Brazil, Costa Rica, the Dominican Republic, Honduras, Jamaica, Mexico, and
Nicaragua as countries with significant child sex tourism industries. Ibid.
25
Pamela Coffey et al., “Literature Review of Trafficking in Persons in Latin America and the Caribbean,”
Development Alternatives, Inc (DAI) for the U.S. Agency for International Development, August 2004.
26
Zoila Gonzalez de Innocenti, “Explotación Sexual Comercial de Niñas y Adolescentes: Una Evaluación Rápida,
ILO/IPEC, 2002.
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internationally for adoption.27 The Colombian government estimates that, although more than
3,000 child soldiers have been disarmed and demobilized in the last few years, another 6,000
Colombian children may still be working as combatants for paramilitary and guerrilla groups.28 In
addition to the recruitment of child solders for armed conflict, some countries, such as Brazil and
Mexico, are facing increasing instances of youth trafficked by drug gangs into urban warfare.
Children are also trafficked both internally and across international borders for use as domestic
servants. State Department officials have estimated that as many as 1 million children work as
domestic servants in Latin America, many of whom are vulnerable to verbal, physical, and sexual
abuse.29 A 2004 U.S. Agency for International Development (USAID)-sponsored study explored
the case of child domestic servants from Haiti trafficked to the Dominican Republic. In early
November 2005, the United Nations Children Emergency Fund (UNICEF) and the InterAmerican Commission on Human Rights (IAHCR) condemned this practice, which has involved
the trafficking of some 30,000 Haitian children to the Dominican Republic. 30
Finally, the ILO and the U.S. Department of Labor (DOL) have documented instances from
across the region of children forced to work under dangerous circumstances in agricultural or
mining industries. A 2006 ILO report found that the number of children working in Latin America
and the Caribbean, many of whom may have been trafficked for forced labor, fell by two-thirds
between 2000 and 2004, faster than any other region in the world. 31 However, a September 2009
DOL report found continued evidence of the use of child labor in the production of a wide range
of goods in many countries in Latin America. Examples of some of the goods cited in that report
include bricks, gold, coffee, sugarcane, and other agro-export crops.32
Trafficking for Sexual Exploitation
While trafficking for forced labor is a serious problem in Latin America and the Caribbean,
trafficking for sexual exploitation has been perceived as a more widespread and pressing regional
problem. 33 Most victims are trafficked for prostitution, but others are used for pornography and
stripping. Children tend to be trafficked within their own countries, while young women may be
trafficked internally or internationally, sometimes with the consent of their husbands or other
family members. A recent investigation estimates that some 10,000 women from southern and
27
The Guatemalan government has taken steps to reduce illegal international adoptions from Guatemala since signing
the Hague Convention on Intercountry Adoption in 2007.
28
This estimate, cited in the State Department’s 2009 TIP report, is substantially lower than an estimate cited in the
2004 Child Soldiers Global Report published by the Coalition to Stop the Use of Child Soldiers. That report found that
some 11,000 to 14,000 Colombian youth had been forcibly recruited as child soldiers. For information on the
Disarmament, Demobilization, Rehabilitation, and Reintegration program in Colombia, see Care International,
“Overcoming Lost Childhoods,” January 2008.
29
Interview with representative from the Global Office to Monitor Trafficking in Persons, U.S. Department of State,
September 29, 2005.
30
Smucker and Murray, “The Uses of Children: A Study of Trafficking in Haitian Children,” USAID/Haiti Mission,
December 28, 2004; “Rights Organizations Slam Illegal Trade in Children on Haitian-Dominican Border,” BBC News,
November 7, 2005.
31
“The End of Child Labor: Within Reach,” International Labor Organization, May 2006.
32
U.S. Department of Labor (DOL), The DOL’s List of Goods Produced by Child Labor or Forced Labor, September
2009.
33
Laura Langberg, “A Review of Recent OAS Research on Human Trafficking in the Latin American and Caribbean
Region,” in Data and Research on Human Trafficking: A Global Survey, IOM, 2005.
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central Mexico are trafficked for sexual exploitation to the northern border region each year.34
The State Department has estimated that at least 100,000 Latin Americans are trafficked
internationally each year, with large numbers of victims coming from Colombia and the
Dominican Republic, among others. It has identified Spain, Italy, Portugal, the United States, and
Japan as major destination countries for Latin American trafficking victims. 35
There are also intra-regional trafficking problems. A 2005 report by the International
Organization for Migration (IOM) asserts that the Caribbean’s relatively open borders, lax
enforcement of entertainment visa and work permit rules, and legalized prostitution have
contributed to the problem of trafficking there. 36 Argentina and Brazil are destination countries
for women trafficked from the Andes and Caribbean countries like the Dominican Republic.
Panama has been a destination for women from Colombia and Central America trafficked to work
in the sex industry. Trafficking has also occurred at border crossings throughout Central America
and Mexico, especially the Mexico-Guatemala border, as undocumented women who have not
been able to get to the United States end up being forced into prostitution.
Trafficking for Forced Labor
The ILO reports that trafficking victims comprise 20% (or 250,000) of the 1.3 million people in
Latin America engaged in forced labor. These numbers do not include the increasing numbers of
Latin Americans who have ended up in situations of forced labor after migrating to Europe or the
United States. Despite the relatively large number of victims trafficked for forced labor in the
region, there are relatively few studies on this topic.
Between 1995 and 2008, the Brazilian government has rescued more than 30,000 laborers from
situations of forced labor.37 In Brazil, forced labor is most common in isolated, rural areas.
Despite government efforts, more than 25,000 Brazilian men are still being held in situations of
slave labor on cattle ranches, in logging and mining camps, and on plantations where soy beans,
corn, cotton, and sugarcane are produced. In 2008, roughly half of the 5,244 workers freed by the
Brazilian government from slave-like working conditions were employed at plantations growing
sugarcane, some of which is used for ethanol production.38
Forced labor is also used in the mahogany, brick-making, and gold-mining industries in the
Amazonian regions of Peru. In 2005, the ILO reported that more than 30,000 people work as
forced laborers in Peruvian logging camps that produce mahogany, roughly 95% of which was
exported illegally. Press reports have recently revealed that slave and child labor is also a major
34
Arun Kumar Acharya, “Tráfico de mujeres hacia la Zona Metropolitana de Monterrey: Una Perspectiva Analítica,”
Revista Espacios Públicos, Year 12, No. 24, 2009.
35
U.S. Department of State, G-TIP, Power Point Presentation from Briefing on TIP in the Western Hemisphere, July
2009.
36
“Exploratory Assessment of Trafficking in Persons in the Caribbean Region,” IOM, June 2005.
37
The International Labor Organization (ILO) defines forced labor as any situation in which work is carried out
involuntarily under the menace of a penalty. The terms “forced labor” and “slave labor” are often used interchangeably.
For a description of the extent of forced labor in Brazil and the country’s efforts to combat it, see Patricia Trindade
Maranhão Costa, “Fighting Forced Labor: The Example of Brazil,” ILO Special Action Program to Combat Forced
Labor, 2009.
38
Repórter Brasil, “Brazil of Biofuels: Sugarcane 2008,” January 2009.
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problem in several of the 2,000 or so gold mines in the Peruvian Amazon. Indigenous peoples in
Peru, Bolivia, and Paraguay are particularly at risk of being trafficked for forced labor. 39
Every year thousands of undocumented Haitians flock to the Dominican Republic lured by false
promises from recruiters of profits to be made in the sugarcane fields (bateyes). Haitians and their
Dominican-born children are regularly denied identity documents necessary to prove their
citizenship and job status and to permit their children to attend school. Although this practice was
condemned by an October 2005 Inter-American Court of Human Rights ruling against the
Dominican government, the policy has yet to be altered.40
In the past few years, the Department of Justice has prosecuted an increasingly large volume of
cases of foreigners trafficked into forced labor in the United States. Although the majority of
these cases have involved trafficking for prostitution, a significant number have involved the
agricultural sector. Annually some 1.5 million seasonal farm workers, mostly from Latin America
and the Caribbean, plant and harvest produce in the United States. Low wages, harsh working
conditions, and a lack of legal protection, combined with an ever increasing demand for cheap
labor, have resulted in growing numbers of forced labor abuses.
Relationship to Organized Crime and Terrorism
In many parts of the world, trafficking in money, weapons, and people is largely conducted by
criminal gangs or mafia groups. Human trafficking can be a lucrative way for organized criminal
groups to fund other illicit activities. In Latin America, Mexican drug cartels are increasingly
involved in the trafficking of people as well as drugs.41 According to the Bilateral Safety Corridor
Coalition (BSCC), criminal gangs from Mexico, Central America, Russia, Japan, Ukraine and
several other countries have been caught attempting to traffic victims across the U.S.-Mexico
border. During recent congressional testimony, one expert on security issues in Latin America
identified human trafficking as the second most serious organized criminal threat to Central
America (behind drug trafficking).42
Some analysts maintain that these gangs could eventually form ties with terrorist groups, such as
Al Qaeda, thereby threatening regional security, although there has been no evidence of this to
date. They argue that, just as terrorists have engaged in drug trafficking in Colombia and the TriBorder region (Argentina, Brazil and Paraguay), they may increasingly turn to human trafficking
to fund their networks and operations. Others contend that trafficking is a type of “disorganized
crime” in which traffickers are generally individuals or small groups that collaborate on an ad-hoc
basis, rather than a big business controlled by organized crime.
39
For information on ILO research and programs in these countries, see http://www.ilo.org/sapfl/Projects/lang-en/WCMS_082040/index.htm. See also “U.N. Permanent Forum on Indigenous Issues Calls for Urgent Action to Stop
Forced Labor in Bolivia, Paraguay,” Targeted News Service, August 31, 2009. Trip reports available at
http://www.un.org/esa/socdev/unpfii/.
40
“Dominican Republic Rejects Criticism of Migrant Treatment,” Reuters, December 10, 2006; “Dominican Republic:
New Constitution Makes no Gesture to Haitians,” October 1, 2009.
41
“Threat Analysis: Organized Crime and Narcoterrorism in Northern Mexico,” Military Review, January 1, 2008;
“Mexico on the Brink,” Guardian UnLimited, July 28, 2009.
42
Testimony of Eric L. Olson, Senior Advisor, Security Initiative, Woodrow Wilson Center, before the House
Subcommittee on National Security and Foreign Affairs, October 1, 2009.
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Trafficking and HIV/AIDS
One of the serious public health effects of human trafficking is the risk of victims contracting and
transmitting HIV/AIDS and other diseases. On the global level, women engaged in prostitution,
whether voluntarily or not, have a high prevalence of HIV/AIDS. Some experts have noted that
human trafficking may be linked to the spread and mutation of the AIDS virus. Research in Latin
America and the Caribbean has shown that trafficking victims, along with other irregular
migrants, are at high risk of contracting HIV/AIDS. Factors that put these groups at risk include
poverty, discrimination, exploitation, lack of legal protection and education, cultural biases, and
limited access to health services.43
U.S. Policy
Anti-Trafficking Legislation44
Anti-TIP efforts have accelerated in the United States since the enactment of the Victims of
Trafficking and Violence Protection Act of 2000 (TVPA, P.L. 106-386). The TVPA established
minimum standards to combat human trafficking applicable to countries that have a significant
trafficking problem. The Act directed the Secretary of State to provide an annual report by June 1,
listing countries that do and do not comply with minimum standards for the elimination of
trafficking. In the report, the Act directed the Secretary to rank countries on the basis of their
efforts to combat TIP, with Tier 1 as the best countries and Tier 3 as the worst. Tier 3 are the
countries whose governments are deemed as not fully complying with the minimum standards
and not making significant efforts to do so. The TVPA called for the United States to withhold
non-humanitarian assistance and instructed the U.S. executive director of each multilateral
development bank and the International Monetary Fund to vote against non-humanitarian
assistance to Tier 3 countries, unless continued assistance is deemed to be in the U.S. national
interest.
Congress is continuously re-evaluating the efficacy of U.S. anti-trafficking laws and programs,
and since 2000, has reauthorized the TVPA several times. In 2003, for example, Congress
approved the Trafficking Victims Protection Reauthorization Act (TVPRA) of 2003 (P.L. 108193). The TVPRA of 2003 refined and expanded the “minimum standards” for the elimination of
trafficking that governments must meet and created a “Tier 2 Watch List” of countries that the
Secretary of State determined were to get special scrutiny in the coming year.
Most recently, the 110th Congress passed the William Wilberforce Trafficking Victims
Reauthorization Act of 2008 (P.L. 110-457). P.L. 110-457 authorizes appropriations for FY2008
through FY2011 for the TVPA as amended and establishes a system to monitor and evaluate all
assistance under the Act. P.L. 110-457 requires the establishment of an integrated database to be
used by U.S. agencies to collect data for analysis on TIP. In addition, it increases the technical
assistance and other support to help foreign governments inspect locations where forced labor
43
UNAIDS, Latin America Fact Sheet, July 2005; IOM, World Migration, 2005; “Mobility and HIV in the Caribbean,”
October 2005.
44
For a complete history of U.S. anti-TIP legislation, see CRS Report RL34317, Trafficking in Persons: U.S. Policy
and Issues for Congress, by Liana Sun Wyler, Alison Siskin, and Clare Ribando Seelke.
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occurs, register vulnerable populations, and provide more protection to foreign migrant workers.
The Act requires that specific actions be taken against governments of countries that have been on
the Tier 2 Watch-List for two consecutive years. In addition, among other measures to address the
issue of child soldiers, the Act prohibits military assistance to foreign governments that recruit
and use child soldiers.
Trafficking in Persons Reports and Latin America
On June 16, 2009, the State Department issued its ninth annual report on human trafficking,
Trafficking in Persons Report (TIP), June 2009, as mandated by the TVPA (P.L. 106-386 as
amended).The 2009 TIP report is more comprehensive than prior reports, ranking 173 countries
as compared to 153 countries in the 2008 report.45 Five Caribbean countries (Antigua and
Barbuda, Bahamas, Barbados, St. Vincent and the Grenadines, and Trinidad and Tobago) and the
Netherland Antilles are ranked for the first time in the 2009 report. The report also discusses
trafficking in persons in two “special case” countries—Haiti and Somalia—where sufficient
information was not available to provide a ranking. Haiti will be ranked in the 2010 TIP report.
As in previous years, most Latin American countries fall somewhere in the middle of the tier
rankings, with 18 countries on Tier 2, and eight on the Tier 2 Watch List. Cuba is the only Latin
American country identified as Tier 3 and made subject to possible U.S. trafficking-related
sanctions, while Colombia is the only country in the region to earn a Tier 1 ranking.46 Countries
on the Tier 2 Watch List include: Argentina, Belize, Dominican Republic, Guatemala, Guyana,
Venezuela, and St. Vincent and the Grenadines. The Netherland Antilles, a semi-autonomous
territory of the Netherlands, would earn a Tier 2 Watch List placement were it a separate,
independent country subject to the TVPA. The State Department must submit an interim report by
February 2010 on the Tier 2 Watch List countries in advance of the next TIP report.
According to the 2009 TIP report, while some countries made substantial progress in combating
human trafficking, others lagged behind. Costa Rica upgraded its tier ranking by passing a TIP
law; improving its victim’s assistance programs; training close to 1,000 police and other
government officials on TIP-related issues, and launching a national TIP awareness campaign.
Similarly, Panama passed legislative reforms to strengthen its anti-TIP regime, ended a visa
category that had been used to traffic women (mostly Colombians) to work in the sex trade, and
increased its prevention efforts. In contrast, Belize fell to the Tier 2 Watch List for failing to show
progress in convicting and prosecuting TIP offenders. Nicaragua was also downgraded to the
Watch List for failing to provide adequate assistance and protection for TIP victims. Several other
countries remained on the Tier 2 Watch List, including Argentina, the Dominican Republic,
Guatemala, Guyana, and Venezuela.
45
One reason for the increase in countries in the 2009 TIP report is because of a change in the TVPA reporting
requirement, as amended by the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (Sec.
106(1) of P.L. 110-457). Prior TIP reports were required to include countries that are a point of origin, transit, or
destination for “a significant number of” victims of severe forms of trafficking. This was interpreted by the State
Department to mean at least 100 cases per year. P.L. 110-457 struck out the phrase “a significant number of,” resulting
in a lower threshold requirement for reporting on countries in the 2009 TIP report and thereafter.
46
The other Tier 3 countries include Burma, Chad, Eritrea, Fiji, Iran, Kuwait, Malaysia, Mauritania, Niger, North
Korea, Papua New Guinea, Saudi Arabia, Sudan, Swaziland, Syria, and Zimbabwe.
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U.S. Government Anti-Trafficking Programs in Latin America
In FY2008, the U.S. government obligated $75.9 million in anti-trafficking assistance to foreign
governments worldwide, down from the $79.4 million obligated in FY2007. Roughly 18% of
U.S. international anti-TIP funding supported projects in Latin America. Anti-trafficking
programs are administered by a variety of U.S. agencies, primarily the State Department, the U.S.
Agency for International Development, and the Department of Labor. The majority of the
programs are either regional, or directed at countries that were placed on either Tier 3 or the Tier
2 Watch-list in recent TIP reports.
Whereas regional programs in Latin America support initiatives necessary to address the crosscutting nature of human trafficking, bilateral programs aim to help governments solve specific
challenges they have had in addressing human trafficking. For example, anti-trafficking programs
in the Dominican Republic are focusing on victim identification, establishing a shelter for TIP
victims, and training officials from the Attorney General’s office and the judiciary on how to
investigate and prosecute TIP cases. Three complementary programs in Argentina are helping
develop specialized anti-TIP police units in certain provinces, train prosecutors and judges on
how to secure testimony from TIP victims, and improve victim assistance programs. The largest
anti-TIP program in Mexico supports a Resident Legal Advisor who is helping reconstruct the
anti-trafficking unit within the Attorney General’s Office and train Mexican officials on how to
investigate and prosecute TIP cases.
In addition to foreign aid programs, various agencies within the Department of Homeland
Security are stepping up joint efforts with Mexican officials to identify, arrest, and prosecute
human trafficking and smuggling rings that operate along the U.S.-Mexico border and beyond. In
August 2005, the Bureau of U.S. Customs and Border Protection (CBP) in DHS announced a new
program, the “Operation Against Smugglers (and Traffickers) Initiative on Safety and Security”
(OASISS), aimed at strengthening cooperation with Mexican officials to crack down on these
types of criminal groups. According to DHS, with funding from the Mérida Initiative,47 Mexico
intends to implement the program across the entire United States-Mexico border. 48
Various units within the Department of Justice’s Civil Rights and Criminal Division have
provided training and technical assistance courses to foreign officials in the United States and
overseas. In FY2008, for example, officials from the Office of Overseas Prosecutorial
Development, Assistance, and Training (OPDAT) assisted the Brazilian government in drafting
and enacting a child pornography law. OPDAT also convened two workshops on investigating
and prosecuting TIP cases in Mexico City, Mexico.
47
For more information on the Mérida Initiative, see CRS Report R40135, Mérida Initiative for Mexico and Central
America: Funding and Policy Issues, by Clare Ribando Seelke.
48
House Committee on Appropriations, Subcommittee on Homeland Security, Statement of Mark Koumans, Deputy y
Assistant Secretary, Office of International Affairs, at hearing on “DHS Security Response to Violence on the Border
with Mexico,” March 10, 2009.
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Regional and Country Anti-Trafficking Efforts
Organization of American States
OAS efforts to combat trafficking in persons began in 1999 when the Inter-American
Commission of Women (CIM) co-sponsored a research study on trafficking in persons in nine
countries in Latin America that offered broad recommendations for its elimination. In 2003 and
2004, the OAS General Assembly passed two resolutions on the subject, the latter of which
created an OAS Coordinator on the Issue of Trafficking in Persons, originally based in the CIM
and now part of the Department for the Prevention of Threats to Public Security.
Since that time, OAS, in partnership with IOM, has provided training and held workshops for
government officials and representatives from civil society in Mexico, Bolivia, Belize, Haiti, and
the English-speaking Caribbean and the Netherlands Antilles, among others. OAS representatives
have participated in numerous seminars at the country, regional, and international level to identify
and disseminate information on best practices in the region. In March 2006, the first regional
meeting of national anti-TIP authorities was held in Venezuela. At that time, national authorities
agreed to a series of recommended country and regional actions to be taken in order to address
the problem of trafficking in persons. The OAS has developed a web-site at which individuals can
report cases of human trafficking. It has also begun to conduct periodic research studies,
including a study on trafficking flows from Latin America to Japan, an assessment of the
treatment of Chinese migrants in the Western hemisphere, and a report on trafficking of
Dominicans to Puerto Rico. Recent OAS-sponsored training session have focused on helping
legislators develop anti-TIP legal frameworks and assisting Latin America consular officials
serving abroad to identify possible TIP victims from their home countries.
Inter-American Development Bank
In 2004, the Inter-American Development Bank (IDB) formed an internal working group to begin
developing ways to support governments’ anti-trafficking efforts in the region. The IDB is
coordinating its efforts with the OAS and the IOM, and has developed technical cooperation
projects for Bolivia, Colombia, El Salvador, Guyana, and Paraguay. The IDB is also working with
the Ricky Martin Foundation to raise awareness of the extent of child trafficking in the region
through public service announcements, promotional materials, and a video on best practices to
combat trafficking in the region. In 2006, the Bank and the Foundation opened trafficking
prevention hotlines (funded by IOM) in Central America, Colombia, Mexico, and Peru. As of July
2009, those hotlines had received more than 12,000 calls and led to the initiation of at least 175
police investigations and the rescue of at least 30 TIP victims. 49
Country Efforts: Progress and Remaining Challenges
Over the last few years, most Latin American countries, perhaps motivated by international
pressure or the threat of U.S. sanctions, have taken steps to address the growing problem of
human trafficking. As evidenced in Table 1, a majority of countries in the region have signed and
49
“V-ME Premieres IDB Documentary on Human Trafficking,” U.S. Fed News, July 10, 2009.
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ratified several international protocols in which they have pledged to combat various aspects of
the trafficking problem. Those agreements include The UN Protocol to Prevent, Suppress and
Punish Trafficking in Persons, ILO Conventions on Abolishing Forced Labor and the Worst
Forms of Child Labor; the Optional Protocol to the UN Convention on the Rights of the Child
(CRC) on the Sale of Children, Child Prostitution, and Pornography; and The Optional Protocol
to the CRC on the Involvement of Children in Armed Conflict. A number of countries, including
five countries in 2008, also passed new or amended anti trafficking legislation. 50 Several
countries also created National TIP Coordinators or Task Forces to coordinate anti-TIP programs
and initiatives.
According to some, the general problem with the new international commitments, legal reforms,
and human trafficking initiatives that have emerged in Latin America is that many countries
appear to lack the resources and perhaps the political will to fund and implement their antitrafficking programs. Many governments are facing other crime problems (such as drug
trafficking and gang violence) which they perceive as a bigger problem than human trafficking.
Sometimes country efforts are thwarted by larger problems, such as political instability, as in the
cases of Haiti, Honduras, and Guatemala. Many countries have few, if any, shelters for trafficking
victims and no follow-up plans to help victims after they return from overseas to their former
residences. Mexico, a large middle-income country, just opened its first shelter for TIP victims.
Some countries, including Guyana and Belize, have appeared to model their national TIP laws so
closely to TVPA that they do not have the resources or the manpower to implement the
complicated legislation. Public corruption is also a major obstacle to effective anti-trafficking
programming as there is often complicity between traffickers and corrupt border officials,
customs agents, law enforcement personnel, and politicians. Finally, conviction and prosecution
rates for TIP offenders are low compared to other regions, particularly for forced labor and
domestic servitude crimes, but this is not surprising given the general weakness of many of the
countries’ police and judicial systems.
Issues for Policy Consideration
U.S. interests in Latin America are multiple and, at times, conflicting. These interests include
strengthening democracy, promoting economic growth through free trade, stemming the flow of
illegal narcotics and migrants, and cooperating on border security and anti-terrorism measures.
These broad interests either directly or indirectly affect all U.S. policy in the region and may at
times conflict with specific human rights goals, such as fighting human trafficking. As is the case
with many human rights issues, ethical concerns about human trafficking must be balanced
against broader U.S. geopolitical goals and interests in each country.
There are several ways in which broader U.S. foreign policy goals may influence the TIP report
and sanctions process. Some observers maintain that there are certain U.S. allies in the region that
could never be sanctioned for political reasons. Others contend that the repeated inclusion of
Cuba and, until recently, Venezuela on the Tier 3 list has constituted “selective indignation” on
the part of the U.S. government. 51 U.S. Embassy officials in the region have noted that it is
sometimes difficult to produce an unbiased account of government efforts against trafficking
50
Several countries in the Caribbean, Chile, Honduras, and Panama have yet to pass laws to punish forced labor
trafficking.
51
“Politics: U.S. Trafficking Report Includes Cuba and Venezuela,” Global Information Network, June 10, 2005.
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Trafficking in Persons in Latin America and the Caribbean
without being swayed by underlying foreign policy concerns. Others say that it is difficult to deal
with trafficking in persons when a country is undergoing extreme political instability, and that
were TIP sanctions actually enforced, that they might undermine the broader U.S. goals of
preventing democratic breakdown in the hemisphere. 52 Issues that may be considered when
evaluating the implementation of U.S. anti-trafficking policies are discussed below.
Sanctions: Are They Useful?
Since 2003, no governments in Latin America except Cuba and Venezuela have been subject to
partial or full sanctions for failing to meet the minimum standards of TVPA. Ecuador appeared on
the Tier 3 list in both 2004 and 2005 but did not face sanctions. Some argue that sanctions will
probably only be applied to countries already subject to sanctions—such as Burma, Cuba, or
North Korea—and that threatening other countries with sanctions may actually encourage them to
become less open to working with the United States. Others argue that this may be the case with
China or Saudi Arabia, but most Latin American countries depend on good political and
economic relations with the United States and fear the public humiliation that comes with a Tier 3
designation as much as actual sanctions. For example, some believe a Tier 3 designation
motivated the government of Belize to take several positive steps against trafficking in the
summer of 2006. Others maintain that the progress that Belize made in 2006 has not been
sustained, noting that the country received a Tier 2 Watch List rating in this year’s TIP report.
How to Measure Success
It is often difficult to measure success in the fight against human trafficking. Many countries in
Latin America have reported increases in the number of training courses provided, conferences
held, and workshops convened as evidence of their commitment to combat human trafficking.
However, as stated in the 2009 TIP report, the State Department prefers countries to focus on
“concrete actions” when determining the adequacy of a particular country’s anti-TIP efforts.
“Concrete actions” include enacting new or amended TIP legislation; expanding victim assistance
and prevention programs; and, perhaps most importantly, securing prosecutions, convictions, and
prison sentences for TIP offenders. While many countries in Latin America have passed or
amended their existing TIP laws in recent years, the number of TIP-related arrests, prosecutions,
and convictions remain low in comparison to other regions. Some have questioned the adequacy
of the State Department’s indicators, asserting that more credit should be given to countries that
are seeking to address the underlying factors that put people at risk for trafficking, such as gender
and racial discrimination, violence against women and children, and economic inequality.53
Enforcement Improvement
In 2008, there were 448 prosecutions of suspected traffickers, but only 161 convictions in Latin
America. These figures pale in comparison to East Asia and the Pacific, with 1,083 prosecutions
and 643 convictions, and Europe, with 2,808 prosecutions and 1,721 convictions in 2008. They
also pale in comparison to the number of reported victims both in Latin America and globally.
52
Interviews with State Department Officials, September 2005.
David E. Guinn, “Defining the Problem of Trafficking: the Interplay of U.S. Law, Donor, and NGO Engagement and
the Local Context in Latin America,” Human Rights Quarterly, 30 (2008).
53
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Some have asserted that the low conviction rates in Latin America may be due to the fact that it is
easier to prosecute traffickers for other offenses, such as money laundering, than for trafficking in
persons. Others have noted that even in the United States, there were only 82 defendants charged
with trafficking and 77 individuals convicted of TIP-related crimes in 2008.54
In order to improve enforcement of TIP legislation in Latin America, some observers have urged
U.S. officials and other donors not to encourage countries to pass laws modeled entirely after
those from other countries (such as the TVPA). Instead, countries should be given time to develop
trafficking laws that respond to their particular TIP problems and law enforcement capacities.
Once legislation is in place, more attention and resources may be needed to help countries
implement that legislation, and that assistance may need to go beyond training for law
enforcement and legal professionals. Third, attention may be needed to address the issue of police
corruption that has long-plagued many countries in the hemisphere. This could be addressed by
stiffening penalties for police, border guards, or other officials caught assisting traffickers.
Forced Labor: Adequacy of Country Efforts
Recent research suggests that while TIP for sexual exploitation is both a highly prevalent and
particularly visible form of human trafficking, TIP for forced labor exploitation may account for a
large, often unreported and possibly growing share of TIP globally. Recent interest in forced labor
as a form of TIP has sparked calls for greater research in analyzing the prevalence of forced labor,
increased international efforts to combat this form of TIP, and more awareness to prevent and
educate potential victims. The State Department’s TIP reports since 2005 have placed an added
emphasis on evaluating country efforts to combat trafficking for forced labor, and several other
programmatic efforts to combat TIP for forced labor are underway at the State Department. Other
international groups, particularly the ILO, also play a large role in efforts to combat forced labor.
Within Latin America, Brazil has been singled out by the ILO for its efforts to address forced
labor.55 Across the region, labor trafficking prosecutions and convictions are increasing: from one
prosecution and one conviction in the 2007 reporting period to 42 prosecutions and 24
convictions in 2008.56 Despite this slow progress, many Latin American countries have yet to
broaden their anti-TIP efforts out from focusing largely on the commercial sexual exploitation of
women and children.
Debates About Prostitution and Trafficking
The current U.N. definition of TIP assumes that there are at least two different types of
prostitution, one of which is the result of free choice to participate in the prostitution business
while the other is the result of coercion, vulnerability, deception, or other pressures. Of these,
only the latter type is considered TIP under the U.N. definition. Based on the TVPA, as amended,
sex trafficking is not considered a “severe form of TIP” unless it is associated with commercial
54
U.S. Department of Justice, Attorney General’s Report to Congress and Assessment of U.S. Government Activities to
Combat Trafficking in Persons, June 2009.
55
Patricia Trindade Maranhão Costa, “Fighting Forced Labor: The Example of Brazil,” ILO Special Action Program to
Combat Forced Labor, 2009.
56
TIP Report, June 2009.
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sex acts induced by force, fraud, or coercion, or in which the person induced to perform such acts
is a minor.57
Several groups in the United States have sought to redefine TIP to include all prostitution, but
many countries have thus far rejected those attempts. Proponents of this broader definition of TIP
argue that prostitution is “not ‘sex work;’ it is violence against women [that] exists because ...
men are given social, moral and legal permission to buy women on demand.”58 Several European
and Latin American countries, which have legal or government-regulated prostitution, reject such
a definitional change and argue that this broader definition would impede the capacity of the
international community to achieve consensus and work together to combat trafficking.
The U.S. State Department asserts that prostitution and TIP are inextricably linked. Most recently,
in its 2008 TIP Report to Congress, the State Department states that “sex trafficking would not
exist without the demand for commercial sex flourishing around the world” and that prostitution
and any related activities “should not be regulated as a legitimate form of work for any human
being.”59 State Department officials have identified the fact that legalized prostitution fuels sex
trafficking in the region as an obstacle to anti-TIP efforts in Latin America.60
Is U.S. Anti-TIP Assistance for Latin America Sufficient?
In recent years, the percentage of U.S. international anti-trafficking program funds dedicated to
Latin American and the Caribbean has declined. Total U.S. anti-TIP obligations for the region fell
from roughly $17.5 million in FY2006 and FY2007 to some $13.7 million in FY2008. Some of
these declines are due to the fact that funds from President Bush’s $50 million Initiative to
Combat TIP, launched in 2004, have begun to run out.61
Representatives from the State Department’s Office to Monitor and Combat Trafficking in
Persons have expressed hope that more anti-TIP programs in Mexico and Central America might
be funded through the Mérida Initiative. 62 To date, Congress has appropriated roughly $1.3 billion
for Mérida, an anti-crime and counterdrug assistance program for Mexico and Central America
first funded in the summer of 2008. Mérida currently does not include much funding specifically
devoted to combat human trafficking aside from support for DHS’ “Operation Against Smugglers
(and Traffickers) Initiative on Safety and Security” (OASISS) and funds to support a Resident
Legal Adviser on TIP issues that is assisting the Mexican Attorney General’s office.
57
Sec. 103 (8-9) of P.L. 106-386, as amended.
Janice G. Raymond, “Sex Trafficking is Not ‘Sex Work,’” Conscience, Spring 2005.
59
U.S. Department of State, 2008 TIP Report. The 2009 TIP Report does not discuss linkages between prostitution and
trafficking.
60
U.S. Department of State, G-TIP, Power Point Presentation from Briefing on TIP in the Western Hemisphere, July
2009.
61
The President’s Initiative provided $50 million in anti-TIP assistance to eight countries (including Brazil and
Mexico) based on the severity of the TIP problems they faced and their willingness to work with the U.S. government
to combat those problems.
62
U.S. Department of State, G-TIP, Power Point Presentation from Briefing on TIP in the Western Hemisphere, July
2009.
58
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Table 1. Latin America and the Relevant International Conventions on Human Trafficking
Country
2008 Tier
Placement
2009 Tier
Placement
UN TIP
Protocol
Signed
Ratified
(a)
ILO
Convention
105
ILO
Convention
182
Ratified
Ratified
Signed
Ratified (a)
X
X
X
X
X
Optional Protocol of CRC
Optional Protocol
CRC Armed Conflict
Signed
Ratified
(a)
X
X
X
X
X
Antigua & Barbuda
Not Rated
Tier 2
Argentina
Tier 2 WL
Tier 2 WL
X
X
X
X
Bahamas
Not Rated
Tier 2
X
x
X
X
Barbados
Not Rated
Tier 2
X
X
X
Belize
Tier 2
Tier 2 WL
X (a)**
X
X
X
X
Bolivia
Tier 2
Tier 2
X
X
X
X
X
X
Brazil
Tier 2
Tier 2
X
X
X
X
X
X
X
X
Chile
Tier 2
Tier 2
X
X
X
X
X
X
X
X
Colombia
Tier 1
Tier 1
X
X
X
X
X
X
X
X
Costa Rica
Tier 2 WL
Tier 2
X
X
X
X
X
X
X
X
Tier 3
Tier 3
X
X
X
X
Tier 2WL
Tier 2 WL
X
X(a)
X
Ecuador
Tier 2
Tier 2
X
El Salvador
Tier 2
Tier 2
X
Guatemala
Tier 2WL
Guyana
Cuba
DR
X
X(a)
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Tier 2WL
X (a)
X
X
X
X
X
X
Tier 2 WL
Tier 2 WL
X (a)
X
X
Not rated
Not rated
Honduras
Tier 2
Tier 2
Jamaica
Tier 2
Tier 2
X
Mexico
Tier 2
Tier 2
X
Nicaragua
Tier 2
Tier 2 WL
Tier 2 WL
Tier 2
Haiti
Panama
CRS-17
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X (a)
X
X
X
X
X
X
X (a)
X
X (a)
X
X
X
X
X (a)
X
X
X(a)
X
X
Country
2008 Tier
Placement
2009 Tier
Placement
UN TIP
Protocol
ILO
Convention
105
ILO
Convention
182
Optional Protocol of CRC
Optional Protocol
CRC Armed Conflict
Signed
Ratified
(a)
Ratified
Ratified
Signed
Ratified (a)
Signed
Ratified
(a)
Paraguay
Tier 2
Tier 2
X
X
X
X
X
X
X
X
Peru
Tier 2
Tier 2
X
X
X
X
X
X
X
X
Not Rated
Tier 2 WL
X
X
X
Suriname
Tier 2
Tier 2
X(a)
X
X
Venezuela
Tier 2 WL
Tier 2 WL
X
X
X
St. Vincent
&Grenadines
X
X (a)
X
Source: U.S. Department of State, Trafficking in Persons Report, 2008, June 4, 2008.
Notes:
* (WL) indicates placement on Tier 2 Watch List as opposed to Tier 2.
** (a) indicates accession.
Treaties and Protocols:
—U.N. Protocol to Prevent, Suppress and Punish Trafficking in Persons
—ILO Convention 105 (Abolition of Forced Labor)
—ILO Convention 182 (Convention on the Worst Forms of Child Labor)
—Optional Protocol to the Convention on the Rights of the Child (CRC) on the Sale of Children, Child Prostitution, and Pornography
—Optional Protocol to the CRC on the Involvement of Children in Armed Conflict
CRS-18
X
X
X
X
Trafficking in Persons in Latin America and the Caribbean
Author Contact Information
Clare Ribando Seelke
Specialist in Latin American Affairs
cseelke@crs.loc.gov, 7-5229
Congressional Research Service
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