Trafficking in Persons: Child Protection Compacts

Trafficking in Persons: Child Protection Compacts

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October 18, 2019
Trafficking in Persons: Child Protection Compacts
Introduction
appropriations, with the exception of FY2015, when CPC
Child Protection Compacts (CPCs) are bilateral, multiyear
funding was included as part of a larger $12 million
foreign assistance packages designed to combat child
directive for the TIP Office.
trafficking. Authorized by Congress in 2013, CPCs are one
of several international anti-trafficking programs
Selection and Implementation
administered by the U.S. Department of State’s Office to
Through VAWA 2013, Congress authorized the selection of
Monitor and Combat Trafficking in Persons (TIP Office).
CPC countries according to criteria set by the Secretary of
CPCs are unique among anti-trafficking programs in their
State in consultation with the Secretary of Labor and the
focus on child trafficking, which encompasses forms of
Administrator of the U.S. Agency for International
forced and bonded labor, including forced begging, the
Development (USAID). These criteria are to include a high
prostitution of minors, and the recruitment and use of child
prevalence of child trafficking and a commitment to address
soldiers. To date, the United States has established four
the issue on the part of the partner government. In
CPCs (Figure 1).
determining partner country eligibility, the TIP Office
considers information from its annual reports, as well as
CPCs, referred to by the U.S. Department of State as CPC
each country’s national action plans relating to human
“Partnerships,” align with the U.S. government’s broader
trafficking. (For more on the TIP report’s ranking of
“3P” paradigm to combat severe forms of trafficking in
countries’ anti-trafficking efforts, see CRS Report R44953,
persons through the prosecution of traffickers, protection of
The State Department’s Trafficking in Persons Report:
victims, and prevention of trafficking. In 2009, the State
Scope, Aid Restrictions, and Methodology.)
Department added a fourth “P” to the 3Ps, to include
partnerships. Reflecting shared political will to combat
State Department officials work with foreign authorities to
child trafficking, CPCs also involve financial or other
develop the CPC partnership agreement. According to
commitments from host nations.
VAWA 2013, U.S. assistance may take “the form of grants,
cooperative agreements, or contracts with national
Origins
governments, regional or local governmental units, or non-
Legislative initiatives to establish CPCs were first
governmental organizations or private entities.” CPCs may
introduced in the 111th Congress (H.R. 2737 and S. 3184).
be terminated if a country engages in activities counter to
The concept drew in part from the experiences of the
the United States’ national security interest or inconsistent
Millennium Challenge Corporation, which uses bilateral,
with the criteria that made it eligible for the CPC, or has
government-to-government “compacts” to advance
failed to fulfill its CPC commitments.
economic development. The concept also reflected a
broader U.S. government approach to foreign assistance,
Figure 1. CPC Duration and Initial Funding
which incentivizes shared commitments and buy-in among
stakeholders. Adopting a similar approach, CPCs involve
collaboration with the host government, civil society, and
private sector to design targeted aid packages to address
context-specific child trafficking challenges.
Authorization for CPCs was ultimately enacted in the
Violence Against Women Reauthorization Act (VAWA) of
2013 (P.L. 113-4; 22 U.S.C. 7103a). Section 1202 of that
act stated that the CPCs would
 prevent and respond to violence, exploitation, and abuse

against children, and
Source: U.S. Department of State, “Child Protection Compact

Partnerships,” adapted by CRS Graphics.
measurably reduce the trafficking of minors by building
Note: Subsequent, additional funding noted in country narratives.
sustainable and effective systems of justice, prevention,
and protection.
Country Compacts
CPCs were first funded in the Consolidated Appropriations
The four CPCs to date have been funded in the range of
Act, 2014 (P.L. 113-76), which directed that $5 million in
$3.5-5 million, with a time frame of four to five years.
International Narcotics Control and Law Enforcement
Selected countries have been identified as experiencing
(INCLE) assistance be used for this purpose. In years since,
issues relating to child trafficking by the annual TIP reports.
$5 million has typically been directed for CPCs in annual
Partner governments have demonstrated varying levels of
interest and success in addressing these issues, as reflected
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Trafficking in Persons: Child Protection Compacts
by the range of TIP rankings they have received. While P.L.
scale gold mining, signed in February 2017. In October
113-4 does permit providing aid directly to the foreign
2017, the TIP Office awarded $5 million (the amount
government, in practice, funding has always been awarded
specified in the agreement) to the International Labor
to nongovernmental implementing partners.
Organization and Centro Yanapanakusun, a local
nongovernmental organization (NGO), for CPC activities.
Ghana
The Government of Peru stated its intention to provide at
The United States and Ghana partnered to address child
least 8 million soles (approximately U.S. $2.4 million) and
labor in the Ghanaian cocoa industry in the years leading to
to dedicate more personnel to its Multisectoral Commission
the CPC. This working relationship provided a foundation
Against Trafficking in Persons and Smuggling of Migrants.
for the first-ever CPC in June 2015. According to the five-
year agreement, the United States intended to provide
Status. Peru has maintained its Tier 2 ranking on the TIP
“direct financial support” to nongovernmental
Report since 2017. The State Department’s 2018 human
implementing partners. This CPC is the only CPC that did
rights report found that children remained “in the worst
not include a specific intended financial contribution on the
forms of child labor, including … in commercial sexual
part of the United States. The Government of Ghana also
exploitation, sometimes as a result of human trafficking.”
did not commit to a specific financial contribution, but it
did pledge to increase the budget of relevant ministries and
Jamaica
establish a CPC technical committee, among other
Signed in May 2018, Peru’s CPC agreement stated the TIP
commitments. In October 2015, the TIP Office awarded $5
Office’s intention to provide $4.5 million over four years,
million to the U.N. International Organization for Migration
but the office subsequently awarded $5 million to IOM, the
(IOM) and Free the Slaves for CPC activities in Ghana. The
Warnath Group, and Winrock International for CPC
TIP Office plans to provide an additional $1.3 million to
activities. Jamaica did not commit to a specific financial
extend activities to early 2020.
support for CPC activities, but it agreed to dedicate
“appropriate” staff and financial resources and to ensure the
Status. Ghana’s ranking in the TIP Report has improved
cooperation of relevant government offices.
over the course of its CPC—moving from the Tier 2 Watch
List in 2015 to Tier 2 in 2018 and 2019. A Tier 2 ranking
Status. Jamaica has remained at a Tier 2 ranking in the TIP
indicates that Ghana does not meet the minimum standards
Report since the beginning of the CPC. The State
for eliminating severe forms of human trafficking, but that
Department’s 2018 human rights report found that
it is making significant efforts to do so. The TIP Office
commercial sexual exploitation was prevalent and that
conducted a midline evaluation of the CPC in September
children were “victims of forced labor in domestic work.”
2018. Despite some improvements (more investigations,
greater public awareness), CPC programming faced
Mongolia
challenges, including delays, understaffing, limited
On August 26, 2019, the State Department announced that
resources, bureaucratic reluctance, and cultural acceptance
it had begun negotiations for a CPC with the Government
of child labor.
of Mongolia. Mongolia was upgraded from the Tier 2
Watch List to Tier 2 on the 2019 TIP report.
The Philippines
In April 2017, the United States entered into a four-year
Policy Issues
CPC with the Philippines. In April 2017, the TIP Office
For FY2020, the Department of State, Foreign Operations,
awarded $3.5 million (the amount specified in the
and Related Programs Appropriations Act (S. 2583) would
agreement) to the International Justice Mission and the
continue funding CPCs at $5 million. The accompanying
Salvation Army in support of the CPC. The Philippines has
committee report (S.Rept. 116-126 ) recommended that
committed to providing 40 million Philippine pesos
funds “be prioritized for countries with the greatest need.”
(approximately U.S. $800,000) and additional staffing and
As Congress conducts oversight of anti-trafficking
other resources in support of CPC activities.
programs and considers funding new CPCs, it may consider
the following issues:
Status. The Philippines has maintained a Tier 1 ranking in
 The effectiveness of these programs in combating child
the TIP Report since 2016, indicating that it meets the
trafficking—and whether additional compacts are
minimum standards for eliminating severe forms of
warranted.
trafficking in persons. However, some advocates have
objected to its Tier 1 ranking, due to the prevalence of
 Whether CPC countries have been selected for the
domestic sex trafficking and vulnerability of Filipino
“greatest need” of anti-trafficking support.
migrant workers. The State Department’s 2018 human

rights report notes that the Philippines is a “top global
Whether the partner government commitment criteria in
internet source of online child pornography,” and that
VAWA 2013 are being applied.
“child labor remained a widespread problem.”
 How CPC objectives differ from those of other anti-
trafficking programs.
Peru

In June 2017, the United States entered into a four-year
Whether the objectives are realistic given typical
CPC with Peru. Announcement of the CPC followed recent
funding levels.
bilateral efforts to address trafficking in Peru, including a
Katarina C. O'Regan, Analyst in Foreign Policy
memorandum of understanding (MOU) concerning small-
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Trafficking in Persons: Child Protection Compacts

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