Trafficking in Persons in Latin America and
the Caribbean
Clare Ribando Seelke
Specialist in Latin American Affairs
December 9, 2010January 4, 2011
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. 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 million 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. 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 a primary source region for 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 FY2009, primary countries of origin for the 333 foreign trafficking victims certified
as eligible to receive U.S. assistance included Mexico, Guatemala, Haiti, and the Dominican
Republic (along with India, the Philippines, and Thailand).
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. In
December 2008, the 110th Congress passed The William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (P.L. 110-457). The act, among other provisions,
authorized TIP appropriations for FY2008 through FY2011. Obligations for U.S.-funded anti-TIP
programs in Latin America totaled roughly $17.3 million in FY2009, up from $13.7 million in
FY2008.
On June 14, 2010, the State Department issued its 10th 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 and the Dominican
Republic are the only Latin American countries ranked on Tier 3 in this year’s TIP report, nine
other countries in the region — —Barbados, Belize, Guatemala, Guyana, Nicaragua, Panama, St.
Vincent and the Grenadines, Trinidad and Tobago, and Venezuela — —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 2011 report.
The 112th Congress may continue tois likely to continue 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 for Mexico, the Central
America Regional Security Initiative (CARSI) or through other assistance programs. Congress
may also monitor new trends in human trafficking in the region, such as the increasing
involvement of Mexican drug trafficking organizations in TIP and the problem of child trafficking
in Haiti, which has worsened since that country experienced a devastating earthquake on January
12, 2010. 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 and Alison SiskinAlison Siskin and Liana Sun Wyler.
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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 ..................................................45
Child Trafficking...................................................................................................................5
Trafficking for Sexual Exploitation .......................................................................................6
Trafficking for Forced Labor .................................................................................................7
Relationship to Organized Crime and Terrorism ....................................................................8
Trafficking and HIV/AIDS....................................................................................................89
U.S. Policy..................................................................................................................................9
Anti-Trafficking Legislation..................................................................................................9
Trafficking in Persons Reports and Sanctions: Latin America .............................................. 10
U.S. Government Anti-Trafficking Programs in Latin America ............................................ 11
Regional and Country Anti-Trafficking Efforts.......................................................................... 11
Organization of American States ......................................................................................... 11
Inter-American Development Bank ..................................................................................... 12
Country Efforts: Progress and Remaining Challenges .......................................................... 12
Issues for Policy Consideration ................................................................................................. 13
Sanctions: Are They Useful? ............................................................................................... 1314
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
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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 report 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 report concludes by raising issues that may be helpful for the 112th
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 of
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 his or her 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 Since 2007, however, both the estimated number of unauthorized immigrants entering
the United States from Latin American countries other than Mexico and the size of the
unauthorized population from those countries living in the United States have declined. The size
of the Mexican unauthorized immigrant population living in the United States appears to have
leveled off rather than declined, even though unauthorized migration flows from Mexico to the
United States have decreased since mid-decade. 10
6
http://www.unodc.org/unodc/en/crime_cicp_convention.html.
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 S. Passel and D'Vera Cohn, U.S. Unauthorized Immigration Flows Are Down Sharply Since Mid-Decade,
(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, many of whom lack legal protection because of their immigration
status, have become increasingly vulnerable to human trafficking and other abuses.11 An
increasing percentage of abuses, the most violent case of which resulted in the mass murder of 72
U.S.-bound migrants in Tamaulipas in late August 2010, have been perpetrated by criminal gangs
and drug traffickers, sometimes with assistance from public officials.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 has estimated 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 million 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, has
been questioned.
The U.S. Government Accountability Office (GAO) released a report in 2006 casting doubt on
the methodology and reliability of official U.S. government 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)
Pew Hispanic Center, Washington, D.C., September 2010.
11
American Bar Association Rule of Law Initiative, Human Trafficking Assessment Tool: Mexico; 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.
12
Amnesty International, Invisible Victims: Migrants on the Move in Mexico, April 2010.
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, 06-825R, July 2006.
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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 The
United Nations Children’s Fund (UNICEF) and others have warned that the hundreds of
thousands of Haitian children who were orphaned or abandoned after a catastrophic earthquake
hit that country in January 2010 are particularly vulnerable to human trafficking.18
Studies have found that human trafficking disproportionately affects women and girls. A 2009
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.19 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.20 The vulnerability of women and girls is due to a number of factors in source,
transit, and destination countries.21
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.22
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
destination countries for victims of transnational TIP. Those countries include:
17
•
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.22
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,
1723
International Labor Organization (ILO), The Cost of Coercion, May 2009.
18
United Nations Children’s Emergency Fund (UNICEF), Children of Haiti: Milestones and Looking Forward at Six
Months, July 2010; Gerardo Reyes and Jacqueline Charles, “Trafficking, Sexual Exploitation of Haitian Children in the
Dominican Republic on the Rise,” Miami Herald, October 23. 2010.
19
UNODC and the United Nations Global Initiative to Fight Human Trafficking (UNGIFT), Global Report on
Trafficking in Persons, February 2009.
20
ILO, A Global Alliance Against Forced Labor, 2005.
18
21
21
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.
22
“Sex Trafficking Now a $16 Billion Business in Latin America,” EFE, January 3, 2007.
23
U.S. Department of State, G-TIP, Power Point Presentation from Briefing on TIP in the Western Hemisphere, July
2009.
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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.2324 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, such as
the recent earthquake in Haiti; (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 low-wage, informal sector jobs.
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. 2425 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.2526
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. One 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.
2324
Sanin et al., “Condiciones de Vulnerabilidad a la Trata de Personas en Colombia,” IOM, 2005.
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. G-TIP, Power Point Presentation from Briefing on
TIP in the Western Hemisphere, July 2009.
2526
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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other close relatives. 27 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
internationally for adoption.2728 The Colombian government has estimated that, although more than
3,000 child soldiers have been disarmed and demobilized, another 6,000 Colombian children may
still be working as combatants for paramilitary and guerrilla groups.2829 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.2930 Abuse has been particularly evident among the 225,000 or so restaveks (child domestic
servants) in Haiti and the 3,000 Haitian restaveks living and working in the Dominican
Republic. 3031
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. 3132 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.3233
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. One study estimated that some 10,000 women from southern and central
27
27
Zoila Gonzalez de Innocenti, Explotación Sexual Comercial de Niñas y Adolescentes: Una Evaluación Rápida,
ILO/IPEC, 2002.
28
The Guatemalan government has taken steps to reduce illegal international adoptions from Guatemala since signing
the Hague Convention on Intercountry Adoption in 2007.
2829
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.
2930
Interview with representative from the Global Office to Monitor Trafficking in Persons, U.S. Department of State,
September 29, 2005.
3031
U.S. Department of State, TIP Report, June 2010.
3132
“The End of Child Labor: Within Reach,” International Labor Organization, May 2006.
32
33
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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problem. 34 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. One study estimated that some 10,000 women from southern and central
Mexico are trafficked for sexual exploitation to the northern border region each year.3435 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.3536
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. 3637 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.3738 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
problem in several of the 2,000 or so gold mines in the Peruvian Amazon. Indigenous peoples in
34
39
34
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.
35
Arun Kumar Acharya, “Tráfico de mujeres hacia la Zona Metropolitana de Monterrey: Una Perspectiva Analítica,”
Revista Espacios Públicos, Year 12, No. 24, 2009.
3536
U.S. Department of State, G-TIP, Power Point Presentation from Briefing on TIP in the Western Hemisphere, July
2009.
3637
“Exploratory Assessment of Trafficking in Persons in the Caribbean Region,” IOM, June 2005.
3738
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.
3839
Repórter Brasil, “Brazil of Biofuels: Sugarcane 2008,” January 2009.
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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
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. 3940 Each
year, thousands of migrants flock from Haiti to the Dominican Republic to work in the
construction, tourism, and agriculture industries, as well as in the informal sector. Many of those
migrants lack proper documentation, rendering them vulnerable to trafficking and other abuses.
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.4041 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 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).4142
Some analysts maintain that criminals involved in human trafficking 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
3940
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/.
4041
“Mexico on the Brink,” Guardian UnLimited, July 28, 2009; Melissa Graham, “Mexico’s New War: Sex
Trafficking,” La Prensa San Diego, October 29, 2010.
4142
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.
U.S. Policy
Anti-Trafficking Legislation42Legislation43
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
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.
4243
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 and Alison SiskinAlison Siskin and Liana Sun Wyler.
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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 Sanctions: Latin America
On June 14, 2010, the State Department issued its 10th annual report on human trafficking,
Trafficking in Persons Report (TIP), June 2010, as mandated by the TVPA (P.L. 106-386 as
amended).The 2010 TIP report is more comprehensive than prior reports, ranking 177 countries
as compared to 173 countries in the 2009 report. It is also unique in that it provides a description
and ranking of U.S. efforts to combat human trafficking. 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.
As in previous years, most Latin American countries fall somewhere in the middle of the tier
rankings, with 15 countries on Tier 2, and nine on the Tier 2 Watch List. Cuba and the Dominican
Republic are the only two Latin American countries 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.4344 Countries on the Tier 2 Watch List include Barbados, Belize, Guatemala,
Guyana, Nicaragua, Panama, St. Vincent and the Grenadines, Trinidad and Tobago, and
Venezuela. The State Department must submit an interim report by February 2011 on the Tier 2
Watch List countries in advance of the next TIP report.
According to the 2010 TIP report, while some countries made substantial progress in combating
human trafficking, others lagged behind. Argentina upgraded its tier ranking by securing
convictions under its 2008 TIP law and improving programs to identify and serve TIP victims. In
contrast, the Dominican Republic fell to Tier 3 for failing to convict any TIP offenders and for its
limited efforts to protect TIP victims. Barbados fell to the Tier 2 Watch List for failing to show
progress in initiating any TIP cases. Panama was also downgraded to the Watch List for failing to
provide adequate assistance and protection for TIP victims and for weak anti-TIP law
enforcement efforts. Several other countries remained on the Tier 2 Watch List, including Belize,
Guatemala, Guyana, Nicaragua, Saint Vincent and the Grenadines, and Venezuela.
On September 13, 2010, President Obama issued his determination on whether to impose aid
restrictions during FY2011 on the 13 listed Tier 3 countries from the 2010 TIP report, issued in
June.4445 The President has the option to (1) apply a full prohibition against nonhumanitarian and
nontrade-related foreign assistance, (2) withhold a portion of aid eligible for restriction by
granting partial waivers, or (3) waive the restrictions entirely on the basis of national interest
reasons.
For FY2011 the President determined that nonhumanitarian and nontrade-related foreign
assistance would be fully withheld from two countries: Eritrea and North Korea. Four countries
were granted by the President partial waivers from the aid prohibitions: Burma, Cuba, Iran, and
Zimbabwe. Seven countries—the Democratic Republic of Congo, the Dominican Republic,
Kuwait, Mauritania, Papua New Guinea, Saudi Arabia, and Sudan—were granted by the
President full waivers from the aid prohibitions. The President determined that it remained in the
U.S. national interest to continue nonhumanitarian and nontrade-related foreign assistance to
these countries.
4344
The other Tier 3 countries include Burma, Congo (DRC), Eritrea, Iran, Kuwait, Mauritania, North Korea, Papua New
Guinea, Saudi Arabia, Sudan, and Zimbabwe.
4445
Barack Obama, "Presidential Determination With Respect To Foreign Governments' Efforts Regarding Trafficking
In Persons," Presidential Determination 2010-15, September 13, 2010.
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Kuwait, Mauritania, Papua New Guinea, Saudi Arabia, and Sudan—were granted by the
President full waivers from the aid prohibitions. The President determined that it remained in the
U.S. national interest to continue nonhumanitarian and nontrade-related foreign assistance to
these countries.
U.S. Government Anti-Trafficking Programs in Latin America
In FY2009, the U.S. government obligated approximately $84.0 million in anti-trafficking
assistance to foreign governments worldwide, up from the $75.9 million obligated in FY2008.
Roughly 20.6% ($17.3 million) 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 created 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.
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. For example, the Office of Overseas Prosecutorial Development, Assistance, and
Training (OPDAT) has helped several countries, including Brazil and Mexico, draft TIP-related
legislation. OPDAT’s technical assistance and training in investigating TIP cases helped Mexican
officials secure their first arrests under the country’s new anti-TIP law in December 2009.
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
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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.
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Since 2005, the Anti-Trafficking in Persons Unit has organized, facilitated and implemented
training programs, promoted anti-trafficking policies, and provided opportunities for the
exchange of information and best practices to assist OAS Member States in their anti-TIP efforts.
The unit has developed several capacity-building programs for parliamentarians, law enforcement
officials, migration officers, and consular and diplomatic representatives to prevent trafficking
and to identify and protect victims of human trafficking. In recent years, the program trained
more than 550 government officials from Bolivia, Dominican Republic, Ecuador, Guatemala,
Haiti, Honduras, Jamaica, Nicaragua, Paraguay, Peru, and Trinidad and Tobago. During 20082009, the unit trained over 350 United Nations peacekeeping trainers, military, and civilian police
personnel from the region on anti-TIP efforts prior to their deployment. As a self-sustaining
program, the Train-the-Trainers Peacekeeping Project continues to train military and civilian
police prior to deployment in peacekeeping missions throughout the world.
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. 4546
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 U.N. 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 U.N. 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. 46 Several
47 Several
46
“V-ME Premieres IDB Documentary on Human Trafficking,” U.S. Fed News, July 10, 2009.
Several countries in the Caribbean, Chile, Honduras, and Panama have yet to pass laws to punish forced labor
trafficking.
47
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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 anti45
“V-ME Premieres IDB Documentary on Human Trafficking,” U.S. Fed News, July 10, 2009.
Several countries in the Caribbean, Chile, Honduras, and Panama have yet to pass laws to punish forced labor
trafficking.
46
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traffickingantitrafficking 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. 4748 U.S. officials working 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 that
were TIP sanctions actually enforced, that they might undermine the broader U.S. goals of
preventing democratic breakdown in the hemisphere. Issues that may be considered when
evaluating the implementation of U.S. anti-trafficking policies are discussed below.
48
“Politics: U.S. Trafficking Report Includes Cuba and Venezuela,” Global Information Network, June 10, 2005.
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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
47
“Politics: U.S. Trafficking Report Includes Cuba and Venezuela,” Global Information Network, June 10, 2005.
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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 the 2009 and 2010 TIP
reports.
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, until very recently, the number of TIP-related arrests,
prosecutions, and convictions remained 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.4849
Enforcement Improvement
In 2009, there were 647 prosecutions of suspected traffickers and 553 convictions in Latin
America. These figures represent a significant improvement over 2008, when there were 448
prosecutions and 161 convictions in the region. They still pale in comparison to Europe, with
2,208 prosecutions and 1,733 convictions in 2009. They also pale in comparison to the number of
reported victims both in Latin America and globally.
In order to continue improving 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
49
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).
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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.
48
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).
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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.4950 Across the region, labor trafficking prosecutions and convictions are increasing: from one
prosecution and one conviction in the 2007 reporting period to 47 prosecutions and 66
convictions in 2009.5051 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
sex acts induced by force, fraud, or coercion, or in which the person induced to perform such acts
is a minor.5152
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.”5253 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
4950
Patricia Trindade Maranhão Costa, “Fighting Forced Labor: The Example of Brazil,” ILO Special Action Program to
Combat Forced Labor, 2009.
5051
TIP Report, June 2010.
5152
Sec. 103 (8-9) of P.L. 106-386, as amended.
5253
Janice G. Raymond, “Sex Trafficking is Not ‘Sex Work,’” Conscience, Spring 2005.
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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.”54being.”53 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.5455
Is U.S. Anti-TIP Assistance for Latin America Sufficient?
Questions have been raised about the adequacy of U.S. anti-TIP assistance to Latin America. In
FY2008 the percentage of U.S. international anti-trafficking program funds dedicated to Latin
American and the Caribbean declined as compared to previous years, a trend that was reversed in
FY2009. Similarly, 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, but rose again to some $17.3 million
in FY2009. 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 and the Central America Regional
Security Initiative. 5556 To date, Congress has appropriated roughly $1.8 billion for the Mérida
Initiative and related anti-crime and counterdrug assistance programs in Mexico, Central
America, and the Caribbean. The Mérida Initiative 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.
5354
U.S. Department of State, 2008 TIP Report. The 2009 TIP Report does not discuss linkages between prostitution and
trafficking.
5455
U.S. Department of State, G-TIP, Power Point Presentation from Briefing on TIP in the Western Hemisphere, July
2009.
5556
U.S. Department of State, G-TIP, Power Point Presentation from Briefing on TIP in the Western Hemisphere, July
2009.
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Table 1. Latin America and the Relevant International Conventions on Human Trafficking
Country
2009 Tier
Placement
2010 Tier
Placement
ILO
Convention
105
ILO
Convention
182
Ratified
(a)
Ratified
Ratified
Signed
Ratified (a)
X
X
X
X
X
X
U.N. TIP
Protocol
Signed
Optional Protocol of CRC
Optional Protocol
CRC Armed Conflict
Signed
Ratified
(a)
X
X
X
X
X
Antigua &
Barbuda
Tier 2
Tier 2
Argentina
Tier 2 WL
Tier 2
X
X
X
X
Bahamas
Tier 2
Tier 2
X
X
X
X
Barbados
Tier 2
Tier 2 WL
X
X
X
Belize
Tier 2 WL
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
Tier 2
X
X
X
X
X
X
X
X
Cuba
Tier 3
Tier 3
X
X
X
X
Tier 2 WL
Tier 3
X
X
X
X
X(a)
X
Ecuador
Tier 2
Tier 2
X
X
X
X
X
X
X
X
El Salvador
Tier 2
Tier 2
X
X
X
X
X
X
X
X
Guatemala
Tier 2WL
Tier 2 WL
X (a)
X
X
X
X
X
X
Guyana
Tier 2 WL
Tier 2 WL
X (a)
X
X
Not rated
Not rated
X
X
Honduras
Tier 2
Tier 2
X(a)
X
X
Jamaica
Tier 2
Tier 2
X
X
X
X
X
Mexico
Tier 2
Tier 2
X
X
X
X
X
Tier 2 WL
Tier 2 WL
X (a)
X
X
DR
Haiti
Nicaragua
CRS-17
X
X
X
X(a)
X
X (a)
X
X (a)
X (a)
X
X
X
X
X(a)
Country
2009 Tier
Placement
2010 Tier
Placement
U.N. 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)
Panama
Tier 2
Tier 2 WL
X
X
X
X
X
X
X
X
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
Tier 2 WL
Tier 2 WL
X
X
X
Suriname
Tier 2
Tier 2
X(a)
X
X
X
Venezuela
Tier 2 WL
Tier 2 WL
X
X
X
X
St. Vincent
&Grenadines
X
X (a)
X
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
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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