Request for Information for the 2023 Trafficking in Persons Report, 75316-75320 [2022-26668]
Download as PDF
75316
Federal Register / Vol. 87, No. 235 / Thursday, December 8, 2022 / Notices
address is U.S. Department of State,
L/PD, 2200 C Street NW (SA–5), Suite
5H03, Washington, DC 20522–0505.
SUPPLEMENTARY INFORMATION: The
foregoing determinations were made
pursuant to the authority vested in me
by the Act of October 19, 1965 (79 Stat.
985; 22 U.S.C. 2459), E.O. 12047 of
March 27, 1978, the Foreign Affairs
Reform and Restructuring Act of 1998
(112 Stat. 2681, et seq.; 22 U.S.C. 6501
note, et seq.), Delegation of Authority
No. 234 of October 1, 1999, Delegation
of Authority No. 236–3 of August 28,
2000, and Delegation of Authority No.
523 of December 22, 2021.
Stacy E. White,
Deputy Assistant Secretary for Professional
and Cultural Exchanges, Bureau of
Educational and Cultural Affairs, Department
of State.
[FR Doc. 2022–26683 Filed 12–7–22; 8:45 am]
BILLING CODE 4710–05–P
DEPARTMENT OF STATE
[Public Notice: 11934]
Request for Information for the 2023
Trafficking in Persons Report
The Department of State (‘‘the
Department’’) requests written
information to assist in reporting on the
degree to which the United States and
foreign governments meet the minimum
standards for the elimination of
trafficking in persons (‘‘minimum
standards’’) that are prescribed by the
Trafficking Victims Protection Act of
2000, as amended (‘‘TVPA’’). This
information will assist in the
preparation of the Trafficking in Persons
Report (‘‘TIP Report’’) that the
Department submits annually to the
U.S. Congress on governments’ concrete
actions to meet the minimum standards.
Foreign governments that do not meet
the minimum standards and are not
making significant efforts to do so may
be subject to restrictions on
nonhumanitarian, nontrade-related
foreign assistance from the United
States, as defined by the TVPA.
Submissions must be made in writing to
the Office to Monitor and Combat
Trafficking in Persons at the Department
of State by February 1, 2023. Please refer
to the Addresses, Scope of Interest, and
Information Sought sections of this
Notice for additional instructions on
submission requirements.
DATES: Submissions must be received by
5 p.m. on February 1, 2023.
ADDRESSES: Written submissions and
supporting documentation may be
submitted by the following method:
lotter on DSK11XQN23PROD with NOTICES1
SUMMARY:
VerDate Sep<11>2014
17:36 Dec 07, 2022
Jkt 259001
• Email: tipreport@state.gov for
submissions related to foreign
governments and tipreportUS@state.gov
for submissions related to the United
States.
Scope of Interest: The Department
requests information relevant to
assessing the United States’ and foreign
governments’ concrete actions to meet
the minimum standards for the
elimination of trafficking in persons
during the reporting period (April 1,
2022–March 31, 2023). The minimum
standards are listed in the Background
section. Submissions must include
information relevant to efforts to meet
the minimum standards and should
include, but need not be limited to,
answering the questions in the
Information Sought section.
Submissions need not include answers
to all the questions; only those
questions for which the submitter has
direct professional experience should be
answered, and that experience should
be noted. For any critique or deficiency
described, please provide a
recommendation to remedy it. Note the
country or countries that are the focus
of the submission.
Submissions may include written
narratives that answer the questions
presented in this Notice, research,
studies, statistics, fieldwork, training
materials, evaluations, assessments, and
other relevant evidence of local, state/
provincial, and federal/central
government efforts. To the extent
possible, precise dates and numbers of
officials or citizens affected should be
included. Questions below seek to
gather information and updates from the
details provided and assessment on
government efforts made in the 2022
TIP Report.
Furthermore, we request information
on the government’s treatment of
‘‘underserved communities,’’ including
how the government may have
systemically denied opportunities to a
community to participate in aspects of
economic, social, and civic life that has
led to heighted risk to human trafficking
or how the government’s anti-trafficking
response may have treated certain
groups differently.
Written narratives providing factual
information should provide citations of
sources, and copies of and links to the
source material should be provided.
Please send electronic copies of the
entire submission, including source
material. If primary sources are used,
such as research studies, interviews,
direct observations, or other sources of
quantitative or qualitative data, provide
details on the research or data-gathering
methodology and any supporting
documentation. The Department only
PO 00000
Frm 00101
Fmt 4703
Sfmt 4703
includes in the TIP Report information
related to trafficking in persons as
defined by the TVPA; it does not
include, and is therefore not seeking,
information on prostitution, migrant
smuggling, visa fraud, or child abuse,
unless such crimes also involve the
elements of sex trafficking or forced
labor.
Confidentiality: Please provide the
name, phone number, and email address
of a single point of contact for any
submission. It is Department practice
not to identify in the TIP Report
information concerning sources to
safeguard those sources. Please note,
however, that any information
submitted to the Department may be
releasable pursuant to the provisions of
the Freedom of Information Act or other
applicable law. Submissions related to
the United States will be shared with
U.S. government agencies, as will
submissions relevant to efforts by other
U.S. government agencies.
Response: This is a request for
information only; there will be no
response to submissions. Remuneration
for responses will not be provided. In
order to expend appropriated funds,
there must be specific authority to do
so. The Department of State has no
authority to expend funds for this
purpose.
SUPPLEMENTARY INFORMATION:
I. Background
Definitions: The TVPA defines
‘‘severe forms of trafficking in persons’’
as:
• The recruitment, harboring,
transportation, provision, obtaining,
patronizing, or soliciting of a person for
the purpose of a commercial sex act that
is induced by force, fraud, or coercion,
or in which the person induced to
perform such act has not attained 18
years of age.
Æ Persons under age 18 in
commercial sex are trafficking in
persons victims regardless of whether
force, fraud, or coercion were involved.
• The recruitment, harboring,
transportation, provision, or obtaining
of a person for labor or services, through
the use of force, fraud, or coercion, for
the purposes of involuntary servitude,
peonage, debt bondage, or slavery.
Æ Forced labor may take the form of
domestic servitude, forced begging,
forced criminal activity (e.g., drug
smuggling), and prison labor that is not
the product of a conviction in a court of
law.
• Children recruited or used as
soldiers or for labor or services can be
a severe form of human trafficking when
the activity involves force, fraud, or
E:\FR\FM\08DEN1.SGM
08DEN1
lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 87, No. 235 / Thursday, December 8, 2022 / Notices
coercion. Children may be victims
regardless of gender.
The TIP Report: The TIP Report is the
most comprehensive worldwide report
assessing governments’ efforts to combat
trafficking in persons. It represents an
annually updated global assessment of
the nature and scope of trafficking in
persons and the broad range of
government actions to confront and
eliminate it. The U.S. government uses
the TIP Report to inform diplomacy, to
encourage partnership in creating and
implementing laws and policies to
combat trafficking, and to target
resources on prevention, protection, and
prosecution programs. Worldwide,
international organizations, foreign
governments, and nongovernmental
organizations (NGOs) use the TIP Report
as a tool to examine where resources are
most needed. Prosecuting traffickers,
protecting victims, and preventing
trafficking are the ultimate goals of the
TIP Report and of the U.S government’s
anti-trafficking policy.
The Department prepares the TIP
Report with information from across the
U.S. government, foreign government
officials, nongovernmental and
international organizations, survivors of
trafficking in persons, published
reports, and research related to every
region. The TIP Report focuses on
concrete actions that governments take
to fight trafficking in persons, including
prosecutions, convictions, and
sentences for traffickers, as well as
victim identification and protection
measures and prevention efforts. Each
TIP Report narrative also includes
prioritized recommendations for each
country. These recommendations are
used to assist the Department in
measuring governments’ progress from
one year to the next and determining
whether governments meet the
minimum standards for the elimination
of trafficking in persons or are making
significant efforts to do so.
The TVPA creates a four-tier ranking
system. Tier placement is based
principally on the extent of concrete
government action to combat trafficking.
The Department first evaluates whether
the government fully meets the TVPA’s
minimum standards for the elimination
of trafficking. Governments that do so
are placed on Tier 1. For other
governments, the Department considers
the extent of such efforts. Governments
that are making significant efforts to
meet the minimum standards are placed
on Tier 2. Governments that do not fully
meet the minimum standards and are
not making significant efforts to do so
are placed on Tier 3. Finally, the
Department considers Special Watch
List criteria and, when applicable,
VerDate Sep<11>2014
17:36 Dec 07, 2022
Jkt 259001
places countries on Tier 2 Watch List.
For more information, the 2022 TIP
Report can be found at www.state.gov/
reports/2022-trafficking-in-personsreport.
Since the inception of the TIP Report
in 2001, the number of countries
included and ranked has more than
doubled; the 2022 TIP Report included
188 countries and territories. Around
the world, the TIP Report and the
promising practices reflected therein
have inspired legislation, national
action plans, policy implementation,
program funding, protection
mechanisms that complement
prosecution efforts, and a stronger
global understanding of this crime.
Since 2003, the primary reporting on
the United States’ anti-trafficking
activities has been through the annual
Attorney General’s Report to Congress
and Assessment of U.S. Government
Activities to Combat Human Trafficking
(‘‘AG Report’’) mandated by section 105
of the TVPA (22 U.S.C. 7103(d)(7)).
Since 2010, the TIP Report, through a
collaborative interagency process, has
included an assessment of U.S.
government anti-trafficking efforts in
light of the minimum standards to
eliminate trafficking in persons set forth
by the TVPA.
II. Minimum Standards for the
Elimination of Trafficking in Persons
The TVPA sets forth the minimum
standards for the elimination of
trafficking in persons as follows:
(1) The government of the country
should prohibit severe forms of
trafficking in persons and punish acts of
such trafficking.
(2) For the knowing commission of
any act of sex trafficking involving
force, fraud, coercion, or in which the
victim of sex trafficking is a child
incapable of giving meaningful consent,
or of trafficking which includes rape or
kidnapping or which causes a death, the
government of the country should
prescribe punishment commensurate
with that for grave crimes, such as
forcible sexual assault.
(3) For the knowing commission of
any act of a severe form of trafficking in
persons, the government of the country
should prescribe punishment that is
sufficiently stringent to deter and that
adequately reflects the heinous nature of
the offense.
(4) The government of the country
should make serious and sustained
efforts to eliminate severe forms of
trafficking in persons.
For purposes of (4) above, the
following factors should be considered
as indicia of serious and sustained
PO 00000
Frm 00102
Fmt 4703
Sfmt 4703
75317
efforts to eliminate severe forms of
trafficking in persons:
(1) Whether the government of the
country vigorously investigates and
prosecutes acts of severe forms of
trafficking in persons, and convicts and
sentences persons responsible for such
acts, that take place wholly or partly
within the territory of the country,
including, as appropriate, requiring
incarceration of individuals convicted
of such acts. For purposes of the
preceding sentence, suspended or
significantly reduced sentences for
convictions of principal actors in cases
of severe forms of trafficking in persons
shall be considered, on a case-by-case
basis, whether to be considered an
indicator of serious and sustained
efforts to eliminate severe forms of
trafficking in persons. After reasonable
requests from the Department of State
for data regarding investigations,
prosecutions, convictions, and
sentences, a government which does not
provide such data, consistent with a
demonstrably increasing capacity of
such government to obtain such data,
shall be presumed not to have
vigorously investigated, prosecuted,
convicted or sentenced such acts.
(2) Whether the government of the
country protects victims of severe forms
of trafficking in persons and encourages
their assistance in the investigation and
prosecution of such trafficking,
including provisions for legal
alternatives to their removal to countries
in which they would face retribution or
hardship, and ensures that victims are
not inappropriately incarcerated, fined,
or otherwise penalized solely for
unlawful acts as a direct result of being
trafficked, including by providing
training to law enforcement and
immigration officials regarding the
identification and treatment of
trafficking victims using approaches
that focus on the needs of the victims.
(3) Whether the government of the
country has adopted measures to
prevent severe forms of trafficking in
persons, such as measures to inform and
educate the public, including potential
victims, about the causes and
consequences of severe forms of
trafficking in persons, measures to
establish the identity of local
populations, including birth
registration, citizenship, and
nationality, measures to ensure that its
nationals who are deployed abroad as
part of a diplomatic, peacekeeping, or
other similar mission do not engage in
or facilitate severe forms of trafficking in
persons or exploit victims of such
trafficking, a transparent system for
remediating or punishing such public
officials as a deterrent, measures to
E:\FR\FM\08DEN1.SGM
08DEN1
lotter on DSK11XQN23PROD with NOTICES1
75318
Federal Register / Vol. 87, No. 235 / Thursday, December 8, 2022 / Notices
prevent the use of forced labor or child
labor in violation of international
standards, effective bilateral,
multilateral, or regional information
sharing and cooperation arrangements
with other countries, and effective
policies or laws regulating foreign labor
recruiters and holding them civilly and
criminally liable for fraudulent
recruiting.
(4) Whether the government of the
country cooperates with other
governments in the investigation and
prosecution of severe forms of
trafficking in persons and has entered
into bilateral, multilateral, or regional
law enforcement cooperation and
coordination arrangements with other
countries.
(5) Whether the government of the
country extradites persons charged with
acts of severe forms of trafficking in
persons on substantially the same terms
and to substantially the same extent as
persons charged with other serious
crimes (or, to the extent such extradition
would be inconsistent with the laws of
such country or with international
agreements to which the country is a
party, whether the government is taking
all appropriate measures to modify or
replace such laws and treaties so as to
permit such extradition).
(6) Whether the government of the
country monitors immigration and
emigration patterns for evidence of
severe forms of trafficking in persons
and whether law enforcement agencies
of the country respond to any such
evidence in a manner that is consistent
with the vigorous investigation and
prosecution of acts of such trafficking,
as well as with the protection of human
rights of victims and the internationally
recognized human right to leave any
country, including one’s own, and to
return to one’s own country.
(7) Whether the government of the
country vigorously investigates,
prosecutes, convicts, and sentences
public officials, including diplomats
and soldiers, who participate in or
facilitate severe forms of trafficking in
persons, including nationals of the
country who are deployed abroad as
part of a diplomatic, peacekeeping, or
other similar mission who engage in or
facilitate severe forms of trafficking in
persons or exploit victims of such
trafficking, and takes all appropriate
measures against officials who condone
or enable such trafficking. A
government’s failure to appropriately
address public allegations against such
public officials, especially once such
officials have returned to their home
countries, shall be considered inaction
under these criteria. After reasonable
requests from the Department of State
VerDate Sep<11>2014
17:36 Dec 07, 2022
Jkt 259001
for data regarding such investigations,
prosecutions, convictions, and
sentences, a government which does not
provide such data, consistent with a
demonstrably increasing capacity of
such government to obtain such data,
shall be presumed not to have
vigorously investigated, prosecuted,
convicted, or sentenced such acts.
(8) Whether the percentage of victims
of severe forms of trafficking in the
country that are non-citizens of such
countries is insignificant.
(9) Whether the government has
entered into effective, transparent
partnerships, cooperative arrangements,
or agreements that have resulted in
concrete and measurable outcomes
with—
(A) domestic civil society
organizations, private sector entities, or
international nongovernmental
organizations, or into multilateral or
regional arrangements or agreements, to
assist the government’s efforts to
prevent trafficking, protect victims, and
punish traffickers; or
(B) the United States toward agreed
goals and objectives in the collective
fight against trafficking.
(10) Whether the government of the
country, consistent with the capacity of
such government, systematically
monitors its efforts to satisfy the criteria
described in paragraphs (1) through (8)
and makes available publicly a periodic
assessment of such efforts.
(11) Whether the government of the
country achieves appreciable progress
in eliminating severe forms of
trafficking when compared to the
assessment in the previous year.
(12) Whether the government of the
country has made serious and sustained
efforts to reduce the demand for—
(A) commercial sex acts; and
(B) participation in international sex
tourism by nationals of the country.
III. Information Sought Relevant to the
Minimum Standards
Submissions should include, but need
not be limited to, answers to relevant
questions below for which the submitter
has direct professional experience.
Citations to source material should also
be provided. Note the country or
countries that are the focus of the
submission. Please see the Scope of
Interest section above for detailed
information regarding submission
requirements.
Overview
1. What were the government’s major
accomplishments in addressing human
trafficking since April 1, 2022? In what
significant ways have the government’s
efforts to combat trafficking in persons
PO 00000
Frm 00103
Fmt 4703
Sfmt 4703
changed in the past year? How have
new laws, regulations, policies, or
implementation strategies (e.g.,
substantive criminal laws and
procedures, mechanisms for civil
remedies, and victim-witness programs,
generally and in relation to court
proceedings) affected its anti-trafficking
response?
2. Over the past year, what were the
greatest deficiencies in the government’s
anti-trafficking efforts? What were the
limitations on the government’s ability
to address human trafficking problems
in practice?
3. Did the COVID–19 pandemic affect
the government’s efforts to coordinate,
execute, and monitor its anti-trafficking
response across its prosecution,
protection, and prevention efforts? How
have anti-trafficking officials, units, and
coordinating bodies continued to
operate and adapt?
4. Please provide additional
information and/or recommendations to
improve the government’s antitrafficking efforts overall.
5. Please highlight effective strategies
and practices that other governments
could consider adopting.
Prosecution
6. Please provide observations
regarding the implementation of
existing laws, policies, and procedures.
Are there gaps in anti-trafficking
legislation that could be amended to
improve the government’s response?
Are there any government policies that
have undermined or otherwise
negatively affected anti-trafficking
efforts within that country?
7. Do government officials understand
the nature of all forms of trafficking? If
not, please provide examples of
misconceptions or misunderstandings.
Did the government effectively provide
or support anti-trafficking trainings for
officials? If not, how could they be
improved?
8. Please provide observations on
overall anti-trafficking law enforcement
efforts and the efforts of police and
prosecutors to pursue trafficking cases.
Is the government equally vigorous in
pursuing forced labor and sex
trafficking, internal and transnational
trafficking, and crimes that involve its
own nationals or foreign citizens? Were
anti-trafficking laws equitably enforced,
or were certain communities
disproportionately affected?
9. Please note any efforts to
investigate and prosecute suspects for
knowingly soliciting or patronizing a
sex trafficking victim to perform a
commercial sex act.
10. Does law enforcement pursue
trafficking cases that would hold
E:\FR\FM\08DEN1.SGM
08DEN1
Federal Register / Vol. 87, No. 235 / Thursday, December 8, 2022 / Notices
lotter on DSK11XQN23PROD with NOTICES1
accountable private employers or
corporations for forced labor in supply
chains?
11. Do judges appear appropriately
knowledgeable and sensitized to
trafficking cases? Do they implement
and encourage trauma-informed
practices in their courts?
12. Were there allegations of official
complicity in trafficking crimes, via
contacts, media, or other sources,
including of state-sponsored forced
labor? If so, what measures did the
government take to end such practices?
What proactive measures did the
government take to prevent official
complicity in trafficking in persons
crimes? How did the government
respond to reports of complicity that
arose during the reporting period,
including investigations, prosecutions,
convictions, and sentencing of complicit
officials? Were these efforts sufficient?
13. Is there evidence that nationals of
the country deployed abroad as part of
a diplomatic, peacekeeping, or other
similar mission have engaged in or
facilitated trafficking, including in
domestic servitude? Has the government
vigorously investigated, prosecuted,
convicted, and sentenced nationals
engaged in these activities?
Protection
14. Did the government make a
coordinated, proactive effort to identify
victims of all forms of trafficking? Were
there any new (or changes to
preexisting) formal/standard procedures
for screening for trafficking, including of
individuals in immigration detention or
removal proceedings, and for victim
referral to protection services? If so, are
those procedures sufficient, and did the
government implement them? Did
officials effectively coordinate among
one another and with relevant NGOs to
conduct screenings and refer victims to
care? If commercial sex is legalized or
decriminalized in the country, how did
health officials, labor inspectors, or
police identify trafficking victims
among persons involved in commercial
sex? If commercial sex is illegal, did the
government proactively identify
trafficking victims during law
enforcement operations or other
encounters with commercial sex
establishments?
15. Does the government operate or
fund any trafficking-specific hotlines
(including those run by NGOs)? Did
calls on government- or NGO-operated
hotlines lead to victim identification,
victim referral to care, and/or criminal
investigations?
16. Were there any new (or changes to
preexisting) services available for
victims and survivors (legal, medical,
VerDate Sep<11>2014
17:36 Dec 07, 2022
Jkt 259001
food, shelter, interpretation, mental
health care, employment, training, etc.)?
If NGOs provide the services, does the
government adequately support their
work either financially or otherwise?
Did all victims and survivors of both
labor and sex trafficking—regardless of
citizenship, gender identity, racial/
ethnic identity, sexual orientation,
religious affiliation, and physical
ability—receive the same quality and
level of access to services?
17. What was the overall quality of
victim care? How could victim services
be improved? Are services victimcentered and trauma-informed? Were
benefits linked to whether a victim
assisted law enforcement or participated
in a trial, or whether a trafficker was
convicted? Could victims choose
independently whether to enter a
shelter, and could they leave at will if
residing in a shelter? Could victims seek
employment and work while receiving
assistance?
18. What is the level of cooperation,
communication, and trust between
service providers and law enforcement?
19. Were there means by which
victims could obtain restitution from
defendants in criminal cases or file civil
suits against traffickers for damages, and
did this happen in practice? Did
prosecutors request and/or courts order
restitution in all cases where it was
required, and if not, why?
20. Please provide observations on
trafficking victims and survivors’ ability
to access justice, as they define it, and
the treatment of survivors throughout
the criminal legal process. How did the
government encourage victims to assist
in the investigation and prosecution of
trafficking, and did it do so in a traumainformed way? How did the government
protect victims during the trial process
and ensure victims were not retraumatized during participation in the
process? If a victim was a witness in a
court case, was the victim permitted to
obtain employment, move freely about
the country, or leave the country
pending trial proceedings? In what ways
could the government increase support
for victims in prosecutions against the
traffickers?
21. Did the government provide,
through a formal policy or otherwise,
temporary or permanent residency
status, or other relief from deportation,
for foreign national victims of human
trafficking who may face retribution or
hardship in the countries to which they
would be deported? Were foreign
national victims given the opportunity
to seek legal employment while in this
temporary or permanent residency?
Were such benefits linked to whether a
victim assisted law enforcement,
PO 00000
Frm 00104
Fmt 4703
Sfmt 4703
75319
whether a victim participated in a trial,
or whether there was a successful
prosecution? Does the government
repatriate victims who wish to return
home or assist with third country
resettlement? Are victims awaiting
repatriation or third country
resettlement offered services? Are
victims indeed repatriated, or are they
deported?
22. Does the government effectively
assist its nationals exploited abroad?
Does the government work to ensure
victims receive adequate assistance and
support for their repatriation while in
destination countries? Does the
government provide adequate assistance
to repatriated victims after their return
to their countries of origin, and if so,
what forms of assistance?
23. Does the government arrest,
detain, imprison, or otherwise punish
trafficking victims (whether or not
identified as such by authorities) for
unlawful acts traffickers compelled
them to commit (forgery of documents,
illegal immigration, unauthorized
employment, prostitution, theft, or drug
production or transport, etc.)? If so, do
these victims disproportionately
represent a certain gender, race,
ethnicity, or other group or particular
type of trafficking?
Prevention
24. What efforts has the government
made to prevent human trafficking? Did
the government enforce any policies
that further marginalized communities
already overrepresented among
trafficking victims, increasing their risk
to human trafficking? If so, did it take
efforts to address those policies?
25. If the government had a national
action plan to address trafficking, how
was it implemented in practice? Were
NGOs and other relevant civil society
stakeholders consulted in the
development and implementation of the
plan?
26. Please describe any governmentfunded anti-trafficking information or
education campaigns or training,
whether aimed at the public or at
specific sectors or stakeholders/actors.
What strategies did the campaigns
employ to ensure messaging and images
did not legitimize and/or perpetuate
harmful or racialized narratives and/or
stereotypes about what victims,
survivors, and perpetrators look like?
Were campaign materials readily
available, cost-free, and accessible in
various languages, including braille?
Does the government provide financial
support to NGOs working to promote
public awareness?
27. Did the government seek and
include the input of survivors in
E:\FR\FM\08DEN1.SGM
08DEN1
lotter on DSK11XQN23PROD with NOTICES1
75320
Federal Register / Vol. 87, No. 235 / Thursday, December 8, 2022 / Notices
crafting its anti-trafficking laws,
regulations, policies, programs, or in
their implementation? If so, did the
government take steps to ensure input
was received and incorporated from a
diverse group of survivors?
28. How did the government regulate,
oversee, and screen for trafficking
indicators in the labor recruitment
process, including for both licensed and
unlicensed recruitment and placement
agencies, individual recruiters, subbrokerages, and microfinance lending
operations? Did the government prohibit
(in any context) charging workers
recruitment fees and prohibit the
recruitment of workers through
knowingly fraudulent job offers
(including misrepresenting wages,
working conditions, location, or nature
of the job), contract switching, and
confiscating or otherwise denying
workers access to their identity
documents? If there are laws or
regulations on recruitment, did the
government effectively enforce them?
Did the government allow migrant
workers to change employers in a timely
manner without obtaining special
permissions?
29. Did the government coordinate
with other governments (e.g., via
bilateral agreements with migrant labor
sending or receiving countries) on safe
and responsible recruitment that
included prevention measures to target
known trafficking indicators? To what
extent were these implemented? Are
workers (both nationals of the country
and foreign nationals) in all industries
(e.g., domestic work, agriculture, etc.)
equally and sufficiently protected under
existing labor laws?
30. Did government policies,
regulations, or agreements relating to
migration, labor, trade, and investment
facilitate vulnerabilities to, or incidence
of, forced labor or sex trafficking? If so,
what actions did the government take to
ensure that its policies, regulations, and
agreements relating to migration, labor,
trade, border security measures, and
investment did not facilitate trafficking?
31. Did the government take tangible
action to prevent forced labor in
domestic or global supply chains? Did
the government make any efforts to
prohibit and prevent trafficking in the
supply chains of its own public
procurement?
32. If the government has entered into
bilateral, multilateral, or regional antitrafficking information-sharing and
cooperation arrangements, are they
effective and have they resulted in
concrete and measurable outcomes? If
not, why?
33. Did the government provide
assistance to other governments in
VerDate Sep<11>2014
17:36 Dec 07, 2022
Jkt 259001
combating trafficking in persons
through trainings or other assistance
programs?
34. What measures has the
government taken to reduce the
participation by nationals of the country
in international and domestic child sex
tourism?
Territories and Semi-Autonomous
Regions
35. Please provide any information
about trafficking trends and government
anti-trafficking efforts in non-sovereign
territories and semi-autonomous regions
to prosecute traffickers, identify and
provide services to victims, and prevent
trafficking.
Trafficking Profile
36. Were there any changes to the
country’s trafficking situation, including
the forms of trafficking that occur,
industries and sectors in which
traffickers exploit victims, countries/
regions in which traffickers recruit
victims, locations and regions in which
trafficking occurs, and recruitment
methods? Are citizens of the country
identified as victims of human
trafficking abroad? As COVID–19related restrictions begin to lift in many
parts of the world, were there additional
changes in trafficking trends?
37. What groups, including
underserved communities, are at
particular risk of human trafficking?
Underserved communities are
populations sharing a particular
characteristic, as well as geographic
communities, that have been
systematically denied a full opportunity
to participate in aspects of economic,
social, and civic life. This term may
include, but is not limited to, women
and girls, persons with disabilities,
indigenous peoples, people of African
descent, racial and ethnic minorities,
refugees and internally displaced
people, religious minorities, LGBTQI+
persons, rural residents, migrants, as
well as those who are otherwise
adversely affected by persistent poverty
or inequality.
38. Chinese/Cuban/North Korean
workers: Are any of these populations
subjected to or at high risk of forced
labor in the country as part of
government-to-government agreements
and/or in foreign government-affiliated
projects?
39. Please provide any information
about trafficking trends or risk factors
stemming from slow-onset, climaterelated change and sudden-onset
climate-related disasters, as well as any
efforts to mitigate these vulnerabilities.
PO 00000
Frm 00105
Fmt 4703
Sfmt 9990
Child Soldiering
40. Using the definition of ‘‘child
soldier’’ as defined by the Child
Soldiers Prevention Act of 2008 (CSPA),
describe instances, cases, and reports,
including anecdotal reports, of:
a. Use of any person under the age of
18 in direct hostilities as a member of
governmental armed forces, police, or
other security forces;
b. Conscription or forced recruitment
of persons under the age of 18 into
governmental armed forces, police, or
other security forces;
c. Voluntary recruitment of any
person under 15 years of age into
governmental armed forces, police, or
other security forces;
d. Recruitment (forced or voluntary)
or use in hostilities of persons under the
age of 18 by armed groups distinct from
the armed forces of a state.
e. Abuse of male and female children
recruited by governmental armed forces,
police, or other security forces, and
government-supported armed groups
(e.g., sexual abuse or use for forced
labor). Describe the manner and age of
conscription, noting differences in
treatment or conscription patterns based
on gender.
41. Did the government provide
support to an armed group that recruits
and/or uses child soldiers? What was
the extent of the support (e.g., in-kind,
financial, training, etc.)? Where did the
provision of support occur (within the
country or outside of the country)? In
cases where the government was
included on the CSPA list in 2021 based
on its support to non-state armed groups
that recruit and/or use child soldiers,
describe whether the government took
steps to pressure the group to cease its
recruitment or use of child soldiers,
publicly disavow the group’s
recruitment or use of child soldiers, or
cease its support to that group.
42. Describe any government efforts to
prevent or end child soldier recruitment
or use, including efforts to disarm,
demobilize, and reintegrate former child
soldiers. (i.e., enacting any laws or
regulations, implementing a United
Nations Action Plan or Roadmap,
specialized training for officials,
procedures for age verification, etc.)
Matthew Hickey,
Deputy Director, Office to Monitor and
Combat Trafficking in Persons, Department
of State.
[FR Doc. 2022–26668 Filed 12–7–22; 8:45 am]
BILLING CODE 4710–11–P
E:\FR\FM\08DEN1.SGM
08DEN1
Agencies
[Federal Register Volume 87, Number 235 (Thursday, December 8, 2022)]
[Notices]
[Pages 75316-75320]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26668]
-----------------------------------------------------------------------
DEPARTMENT OF STATE
[Public Notice: 11934]
Request for Information for the 2023 Trafficking in Persons
Report
SUMMARY: The Department of State (``the Department'') requests written
information to assist in reporting on the degree to which the United
States and foreign governments meet the minimum standards for the
elimination of trafficking in persons (``minimum standards'') that are
prescribed by the Trafficking Victims Protection Act of 2000, as
amended (``TVPA''). This information will assist in the preparation of
the Trafficking in Persons Report (``TIP Report'') that the Department
submits annually to the U.S. Congress on governments' concrete actions
to meet the minimum standards. Foreign governments that do not meet the
minimum standards and are not making significant efforts to do so may
be subject to restrictions on nonhumanitarian, nontrade-related foreign
assistance from the United States, as defined by the TVPA. Submissions
must be made in writing to the Office to Monitor and Combat Trafficking
in Persons at the Department of State by February 1, 2023. Please refer
to the Addresses, Scope of Interest, and Information Sought sections of
this Notice for additional instructions on submission requirements.
DATES: Submissions must be received by 5 p.m. on February 1, 2023.
ADDRESSES: Written submissions and supporting documentation may be
submitted by the following method:
Email: [email protected] for submissions related to
foreign governments and [email protected] for submissions related
to the United States.
Scope of Interest: The Department requests information relevant to
assessing the United States' and foreign governments' concrete actions
to meet the minimum standards for the elimination of trafficking in
persons during the reporting period (April 1, 2022-March 31, 2023). The
minimum standards are listed in the Background section. Submissions
must include information relevant to efforts to meet the minimum
standards and should include, but need not be limited to, answering the
questions in the Information Sought section. Submissions need not
include answers to all the questions; only those questions for which
the submitter has direct professional experience should be answered,
and that experience should be noted. For any critique or deficiency
described, please provide a recommendation to remedy it. Note the
country or countries that are the focus of the submission.
Submissions may include written narratives that answer the
questions presented in this Notice, research, studies, statistics,
fieldwork, training materials, evaluations, assessments, and other
relevant evidence of local, state/provincial, and federal/central
government efforts. To the extent possible, precise dates and numbers
of officials or citizens affected should be included. Questions below
seek to gather information and updates from the details provided and
assessment on government efforts made in the 2022 TIP Report.
Furthermore, we request information on the government's treatment
of ``underserved communities,'' including how the government may have
systemically denied opportunities to a community to participate in
aspects of economic, social, and civic life that has led to heighted
risk to human trafficking or how the government's anti-trafficking
response may have treated certain groups differently.
Written narratives providing factual information should provide
citations of sources, and copies of and links to the source material
should be provided. Please send electronic copies of the entire
submission, including source material. If primary sources are used,
such as research studies, interviews, direct observations, or other
sources of quantitative or qualitative data, provide details on the
research or data-gathering methodology and any supporting
documentation. The Department only includes in the TIP Report
information related to trafficking in persons as defined by the TVPA;
it does not include, and is therefore not seeking, information on
prostitution, migrant smuggling, visa fraud, or child abuse, unless
such crimes also involve the elements of sex trafficking or forced
labor.
Confidentiality: Please provide the name, phone number, and email
address of a single point of contact for any submission. It is
Department practice not to identify in the TIP Report information
concerning sources to safeguard those sources. Please note, however,
that any information submitted to the Department may be releasable
pursuant to the provisions of the Freedom of Information Act or other
applicable law. Submissions related to the United States will be shared
with U.S. government agencies, as will submissions relevant to efforts
by other U.S. government agencies.
Response: This is a request for information only; there will be no
response to submissions. Remuneration for responses will not be
provided. In order to expend appropriated funds, there must be specific
authority to do so. The Department of State has no authority to expend
funds for this purpose.
SUPPLEMENTARY INFORMATION:
I. Background
Definitions: The TVPA defines ``severe forms of trafficking in
persons'' as:
The recruitment, harboring, transportation, provision,
obtaining, patronizing, or soliciting of a person for the purpose of a
commercial sex act that is induced by force, fraud, or coercion, or in
which the person induced to perform such act has not attained 18 years
of age.
[cir] Persons under age 18 in commercial sex are trafficking in
persons victims regardless of whether force, fraud, or coercion were
involved.
The recruitment, harboring, transportation, provision, or
obtaining of a person for labor or services, through the use of force,
fraud, or coercion, for the purposes of involuntary servitude, peonage,
debt bondage, or slavery.
[cir] Forced labor may take the form of domestic servitude, forced
begging, forced criminal activity (e.g., drug smuggling), and prison
labor that is not the product of a conviction in a court of law.
Children recruited or used as soldiers or for labor or
services can be a severe form of human trafficking when the activity
involves force, fraud, or
[[Page 75317]]
coercion. Children may be victims regardless of gender.
The TIP Report: The TIP Report is the most comprehensive worldwide
report assessing governments' efforts to combat trafficking in persons.
It represents an annually updated global assessment of the nature and
scope of trafficking in persons and the broad range of government
actions to confront and eliminate it. The U.S. government uses the TIP
Report to inform diplomacy, to encourage partnership in creating and
implementing laws and policies to combat trafficking, and to target
resources on prevention, protection, and prosecution programs.
Worldwide, international organizations, foreign governments, and
nongovernmental organizations (NGOs) use the TIP Report as a tool to
examine where resources are most needed. Prosecuting traffickers,
protecting victims, and preventing trafficking are the ultimate goals
of the TIP Report and of the U.S government's anti-trafficking policy.
The Department prepares the TIP Report with information from across
the U.S. government, foreign government officials, nongovernmental and
international organizations, survivors of trafficking in persons,
published reports, and research related to every region. The TIP Report
focuses on concrete actions that governments take to fight trafficking
in persons, including prosecutions, convictions, and sentences for
traffickers, as well as victim identification and protection measures
and prevention efforts. Each TIP Report narrative also includes
prioritized recommendations for each country. These recommendations are
used to assist the Department in measuring governments' progress from
one year to the next and determining whether governments meet the
minimum standards for the elimination of trafficking in persons or are
making significant efforts to do so.
The TVPA creates a four-tier ranking system. Tier placement is
based principally on the extent of concrete government action to combat
trafficking. The Department first evaluates whether the government
fully meets the TVPA's minimum standards for the elimination of
trafficking. Governments that do so are placed on Tier 1. For other
governments, the Department considers the extent of such efforts.
Governments that are making significant efforts to meet the minimum
standards are placed on Tier 2. Governments that do not fully meet the
minimum standards and are not making significant efforts to do so are
placed on Tier 3. Finally, the Department considers Special Watch List
criteria and, when applicable, places countries on Tier 2 Watch List.
For more information, the 2022 TIP Report can be found at
www.state.gov/reports/2022-trafficking-in-persons-report.
Since the inception of the TIP Report in 2001, the number of
countries included and ranked has more than doubled; the 2022 TIP
Report included 188 countries and territories. Around the world, the
TIP Report and the promising practices reflected therein have inspired
legislation, national action plans, policy implementation, program
funding, protection mechanisms that complement prosecution efforts, and
a stronger global understanding of this crime.
Since 2003, the primary reporting on the United States' anti-
trafficking activities has been through the annual Attorney General's
Report to Congress and Assessment of U.S. Government Activities to
Combat Human Trafficking (``AG Report'') mandated by section 105 of the
TVPA (22 U.S.C. 7103(d)(7)). Since 2010, the TIP Report, through a
collaborative interagency process, has included an assessment of U.S.
government anti-trafficking efforts in light of the minimum standards
to eliminate trafficking in persons set forth by the TVPA.
II. Minimum Standards for the Elimination of Trafficking in Persons
The TVPA sets forth the minimum standards for the elimination of
trafficking in persons as follows:
(1) The government of the country should prohibit severe forms of
trafficking in persons and punish acts of such trafficking.
(2) For the knowing commission of any act of sex trafficking
involving force, fraud, coercion, or in which the victim of sex
trafficking is a child incapable of giving meaningful consent, or of
trafficking which includes rape or kidnapping or which causes a death,
the government of the country should prescribe punishment commensurate
with that for grave crimes, such as forcible sexual assault.
(3) For the knowing commission of any act of a severe form of
trafficking in persons, the government of the country should prescribe
punishment that is sufficiently stringent to deter and that adequately
reflects the heinous nature of the offense.
(4) The government of the country should make serious and sustained
efforts to eliminate severe forms of trafficking in persons.
For purposes of (4) above, the following factors should be
considered as indicia of serious and sustained efforts to eliminate
severe forms of trafficking in persons:
(1) Whether the government of the country vigorously investigates
and prosecutes acts of severe forms of trafficking in persons, and
convicts and sentences persons responsible for such acts, that take
place wholly or partly within the territory of the country, including,
as appropriate, requiring incarceration of individuals convicted of
such acts. For purposes of the preceding sentence, suspended or
significantly reduced sentences for convictions of principal actors in
cases of severe forms of trafficking in persons shall be considered, on
a case-by-case basis, whether to be considered an indicator of serious
and sustained efforts to eliminate severe forms of trafficking in
persons. After reasonable requests from the Department of State for
data regarding investigations, prosecutions, convictions, and
sentences, a government which does not provide such data, consistent
with a demonstrably increasing capacity of such government to obtain
such data, shall be presumed not to have vigorously investigated,
prosecuted, convicted or sentenced such acts.
(2) Whether the government of the country protects victims of
severe forms of trafficking in persons and encourages their assistance
in the investigation and prosecution of such trafficking, including
provisions for legal alternatives to their removal to countries in
which they would face retribution or hardship, and ensures that victims
are not inappropriately incarcerated, fined, or otherwise penalized
solely for unlawful acts as a direct result of being trafficked,
including by providing training to law enforcement and immigration
officials regarding the identification and treatment of trafficking
victims using approaches that focus on the needs of the victims.
(3) Whether the government of the country has adopted measures to
prevent severe forms of trafficking in persons, such as measures to
inform and educate the public, including potential victims, about the
causes and consequences of severe forms of trafficking in persons,
measures to establish the identity of local populations, including
birth registration, citizenship, and nationality, measures to ensure
that its nationals who are deployed abroad as part of a diplomatic,
peacekeeping, or other similar mission do not engage in or facilitate
severe forms of trafficking in persons or exploit victims of such
trafficking, a transparent system for remediating or punishing such
public officials as a deterrent, measures to
[[Page 75318]]
prevent the use of forced labor or child labor in violation of
international standards, effective bilateral, multilateral, or regional
information sharing and cooperation arrangements with other countries,
and effective policies or laws regulating foreign labor recruiters and
holding them civilly and criminally liable for fraudulent recruiting.
(4) Whether the government of the country cooperates with other
governments in the investigation and prosecution of severe forms of
trafficking in persons and has entered into bilateral, multilateral, or
regional law enforcement cooperation and coordination arrangements with
other countries.
(5) Whether the government of the country extradites persons
charged with acts of severe forms of trafficking in persons on
substantially the same terms and to substantially the same extent as
persons charged with other serious crimes (or, to the extent such
extradition would be inconsistent with the laws of such country or with
international agreements to which the country is a party, whether the
government is taking all appropriate measures to modify or replace such
laws and treaties so as to permit such extradition).
(6) Whether the government of the country monitors immigration and
emigration patterns for evidence of severe forms of trafficking in
persons and whether law enforcement agencies of the country respond to
any such evidence in a manner that is consistent with the vigorous
investigation and prosecution of acts of such trafficking, as well as
with the protection of human rights of victims and the internationally
recognized human right to leave any country, including one's own, and
to return to one's own country.
(7) Whether the government of the country vigorously investigates,
prosecutes, convicts, and sentences public officials, including
diplomats and soldiers, who participate in or facilitate severe forms
of trafficking in persons, including nationals of the country who are
deployed abroad as part of a diplomatic, peacekeeping, or other similar
mission who engage in or facilitate severe forms of trafficking in
persons or exploit victims of such trafficking, and takes all
appropriate measures against officials who condone or enable such
trafficking. A government's failure to appropriately address public
allegations against such public officials, especially once such
officials have returned to their home countries, shall be considered
inaction under these criteria. After reasonable requests from the
Department of State for data regarding such investigations,
prosecutions, convictions, and sentences, a government which does not
provide such data, consistent with a demonstrably increasing capacity
of such government to obtain such data, shall be presumed not to have
vigorously investigated, prosecuted, convicted, or sentenced such acts.
(8) Whether the percentage of victims of severe forms of
trafficking in the country that are non-citizens of such countries is
insignificant.
(9) Whether the government has entered into effective, transparent
partnerships, cooperative arrangements, or agreements that have
resulted in concrete and measurable outcomes with--
(A) domestic civil society organizations, private sector entities,
or international nongovernmental organizations, or into multilateral or
regional arrangements or agreements, to assist the government's efforts
to prevent trafficking, protect victims, and punish traffickers; or
(B) the United States toward agreed goals and objectives in the
collective fight against trafficking.
(10) Whether the government of the country, consistent with the
capacity of such government, systematically monitors its efforts to
satisfy the criteria described in paragraphs (1) through (8) and makes
available publicly a periodic assessment of such efforts.
(11) Whether the government of the country achieves appreciable
progress in eliminating severe forms of trafficking when compared to
the assessment in the previous year.
(12) Whether the government of the country has made serious and
sustained efforts to reduce the demand for--
(A) commercial sex acts; and
(B) participation in international sex tourism by nationals of the
country.
III. Information Sought Relevant to the Minimum Standards
Submissions should include, but need not be limited to, answers to
relevant questions below for which the submitter has direct
professional experience. Citations to source material should also be
provided. Note the country or countries that are the focus of the
submission. Please see the Scope of Interest section above for detailed
information regarding submission requirements.
Overview
1. What were the government's major accomplishments in addressing
human trafficking since April 1, 2022? In what significant ways have
the government's efforts to combat trafficking in persons changed in
the past year? How have new laws, regulations, policies, or
implementation strategies (e.g., substantive criminal laws and
procedures, mechanisms for civil remedies, and victim-witness programs,
generally and in relation to court proceedings) affected its anti-
trafficking response?
2. Over the past year, what were the greatest deficiencies in the
government's anti-trafficking efforts? What were the limitations on the
government's ability to address human trafficking problems in practice?
3. Did the COVID-19 pandemic affect the government's efforts to
coordinate, execute, and monitor its anti-trafficking response across
its prosecution, protection, and prevention efforts? How have anti-
trafficking officials, units, and coordinating bodies continued to
operate and adapt?
4. Please provide additional information and/or recommendations to
improve the government's anti-trafficking efforts overall.
5. Please highlight effective strategies and practices that other
governments could consider adopting.
Prosecution
6. Please provide observations regarding the implementation of
existing laws, policies, and procedures. Are there gaps in anti-
trafficking legislation that could be amended to improve the
government's response? Are there any government policies that have
undermined or otherwise negatively affected anti-trafficking efforts
within that country?
7. Do government officials understand the nature of all forms of
trafficking? If not, please provide examples of misconceptions or
misunderstandings. Did the government effectively provide or support
anti-trafficking trainings for officials? If not, how could they be
improved?
8. Please provide observations on overall anti-trafficking law
enforcement efforts and the efforts of police and prosecutors to pursue
trafficking cases. Is the government equally vigorous in pursuing
forced labor and sex trafficking, internal and transnational
trafficking, and crimes that involve its own nationals or foreign
citizens? Were anti-trafficking laws equitably enforced, or were
certain communities disproportionately affected?
9. Please note any efforts to investigate and prosecute suspects
for knowingly soliciting or patronizing a sex trafficking victim to
perform a commercial sex act.
10. Does law enforcement pursue trafficking cases that would hold
[[Page 75319]]
accountable private employers or corporations for forced labor in
supply chains?
11. Do judges appear appropriately knowledgeable and sensitized to
trafficking cases? Do they implement and encourage trauma-informed
practices in their courts?
12. Were there allegations of official complicity in trafficking
crimes, via contacts, media, or other sources, including of state-
sponsored forced labor? If so, what measures did the government take to
end such practices? What proactive measures did the government take to
prevent official complicity in trafficking in persons crimes? How did
the government respond to reports of complicity that arose during the
reporting period, including investigations, prosecutions, convictions,
and sentencing of complicit officials? Were these efforts sufficient?
13. Is there evidence that nationals of the country deployed abroad
as part of a diplomatic, peacekeeping, or other similar mission have
engaged in or facilitated trafficking, including in domestic servitude?
Has the government vigorously investigated, prosecuted, convicted, and
sentenced nationals engaged in these activities?
Protection
14. Did the government make a coordinated, proactive effort to
identify victims of all forms of trafficking? Were there any new (or
changes to preexisting) formal/standard procedures for screening for
trafficking, including of individuals in immigration detention or
removal proceedings, and for victim referral to protection services? If
so, are those procedures sufficient, and did the government implement
them? Did officials effectively coordinate among one another and with
relevant NGOs to conduct screenings and refer victims to care? If
commercial sex is legalized or decriminalized in the country, how did
health officials, labor inspectors, or police identify trafficking
victims among persons involved in commercial sex? If commercial sex is
illegal, did the government proactively identify trafficking victims
during law enforcement operations or other encounters with commercial
sex establishments?
15. Does the government operate or fund any trafficking-specific
hotlines (including those run by NGOs)? Did calls on government- or
NGO-operated hotlines lead to victim identification, victim referral to
care, and/or criminal investigations?
16. Were there any new (or changes to preexisting) services
available for victims and survivors (legal, medical, food, shelter,
interpretation, mental health care, employment, training, etc.)? If
NGOs provide the services, does the government adequately support their
work either financially or otherwise? Did all victims and survivors of
both labor and sex trafficking--regardless of citizenship, gender
identity, racial/ethnic identity, sexual orientation, religious
affiliation, and physical ability--receive the same quality and level
of access to services?
17. What was the overall quality of victim care? How could victim
services be improved? Are services victim-centered and trauma-informed?
Were benefits linked to whether a victim assisted law enforcement or
participated in a trial, or whether a trafficker was convicted? Could
victims choose independently whether to enter a shelter, and could they
leave at will if residing in a shelter? Could victims seek employment
and work while receiving assistance?
18. What is the level of cooperation, communication, and trust
between service providers and law enforcement?
19. Were there means by which victims could obtain restitution from
defendants in criminal cases or file civil suits against traffickers
for damages, and did this happen in practice? Did prosecutors request
and/or courts order restitution in all cases where it was required, and
if not, why?
20. Please provide observations on trafficking victims and
survivors' ability to access justice, as they define it, and the
treatment of survivors throughout the criminal legal process. How did
the government encourage victims to assist in the investigation and
prosecution of trafficking, and did it do so in a trauma-informed way?
How did the government protect victims during the trial process and
ensure victims were not re-traumatized during participation in the
process? If a victim was a witness in a court case, was the victim
permitted to obtain employment, move freely about the country, or leave
the country pending trial proceedings? In what ways could the
government increase support for victims in prosecutions against the
traffickers?
21. Did the government provide, through a formal policy or
otherwise, temporary or permanent residency status, or other relief
from deportation, for foreign national victims of human trafficking who
may face retribution or hardship in the countries to which they would
be deported? Were foreign national victims given the opportunity to
seek legal employment while in this temporary or permanent residency?
Were such benefits linked to whether a victim assisted law enforcement,
whether a victim participated in a trial, or whether there was a
successful prosecution? Does the government repatriate victims who wish
to return home or assist with third country resettlement? Are victims
awaiting repatriation or third country resettlement offered services?
Are victims indeed repatriated, or are they deported?
22. Does the government effectively assist its nationals exploited
abroad? Does the government work to ensure victims receive adequate
assistance and support for their repatriation while in destination
countries? Does the government provide adequate assistance to
repatriated victims after their return to their countries of origin,
and if so, what forms of assistance?
23. Does the government arrest, detain, imprison, or otherwise
punish trafficking victims (whether or not identified as such by
authorities) for unlawful acts traffickers compelled them to commit
(forgery of documents, illegal immigration, unauthorized employment,
prostitution, theft, or drug production or transport, etc.)? If so, do
these victims disproportionately represent a certain gender, race,
ethnicity, or other group or particular type of trafficking?
Prevention
24. What efforts has the government made to prevent human
trafficking? Did the government enforce any policies that further
marginalized communities already overrepresented among trafficking
victims, increasing their risk to human trafficking? If so, did it take
efforts to address those policies?
25. If the government had a national action plan to address
trafficking, how was it implemented in practice? Were NGOs and other
relevant civil society stakeholders consulted in the development and
implementation of the plan?
26. Please describe any government-funded anti-trafficking
information or education campaigns or training, whether aimed at the
public or at specific sectors or stakeholders/actors. What strategies
did the campaigns employ to ensure messaging and images did not
legitimize and/or perpetuate harmful or racialized narratives and/or
stereotypes about what victims, survivors, and perpetrators look like?
Were campaign materials readily available, cost-free, and accessible in
various languages, including braille? Does the government provide
financial support to NGOs working to promote public awareness?
27. Did the government seek and include the input of survivors in
[[Page 75320]]
crafting its anti-trafficking laws, regulations, policies, programs, or
in their implementation? If so, did the government take steps to ensure
input was received and incorporated from a diverse group of survivors?
28. How did the government regulate, oversee, and screen for
trafficking indicators in the labor recruitment process, including for
both licensed and unlicensed recruitment and placement agencies,
individual recruiters, sub-brokerages, and microfinance lending
operations? Did the government prohibit (in any context) charging
workers recruitment fees and prohibit the recruitment of workers
through knowingly fraudulent job offers (including misrepresenting
wages, working conditions, location, or nature of the job), contract
switching, and confiscating or otherwise denying workers access to
their identity documents? If there are laws or regulations on
recruitment, did the government effectively enforce them? Did the
government allow migrant workers to change employers in a timely manner
without obtaining special permissions?
29. Did the government coordinate with other governments (e.g., via
bilateral agreements with migrant labor sending or receiving countries)
on safe and responsible recruitment that included prevention measures
to target known trafficking indicators? To what extent were these
implemented? Are workers (both nationals of the country and foreign
nationals) in all industries (e.g., domestic work, agriculture, etc.)
equally and sufficiently protected under existing labor laws?
30. Did government policies, regulations, or agreements relating to
migration, labor, trade, and investment facilitate vulnerabilities to,
or incidence of, forced labor or sex trafficking? If so, what actions
did the government take to ensure that its policies, regulations, and
agreements relating to migration, labor, trade, border security
measures, and investment did not facilitate trafficking?
31. Did the government take tangible action to prevent forced labor
in domestic or global supply chains? Did the government make any
efforts to prohibit and prevent trafficking in the supply chains of its
own public procurement?
32. If the government has entered into bilateral, multilateral, or
regional anti-trafficking information-sharing and cooperation
arrangements, are they effective and have they resulted in concrete and
measurable outcomes? If not, why?
33. Did the government provide assistance to other governments in
combating trafficking in persons through trainings or other assistance
programs?
34. What measures has the government taken to reduce the
participation by nationals of the country in international and domestic
child sex tourism?
Territories and Semi-Autonomous Regions
35. Please provide any information about trafficking trends and
government anti-trafficking efforts in non-sovereign territories and
semi-autonomous regions to prosecute traffickers, identify and provide
services to victims, and prevent trafficking.
Trafficking Profile
36. Were there any changes to the country's trafficking situation,
including the forms of trafficking that occur, industries and sectors
in which traffickers exploit victims, countries/regions in which
traffickers recruit victims, locations and regions in which trafficking
occurs, and recruitment methods? Are citizens of the country identified
as victims of human trafficking abroad? As COVID-19-related
restrictions begin to lift in many parts of the world, were there
additional changes in trafficking trends?
37. What groups, including underserved communities, are at
particular risk of human trafficking? Underserved communities are
populations sharing a particular characteristic, as well as geographic
communities, that have been systematically denied a full opportunity to
participate in aspects of economic, social, and civic life. This term
may include, but is not limited to, women and girls, persons with
disabilities, indigenous peoples, people of African descent, racial and
ethnic minorities, refugees and internally displaced people, religious
minorities, LGBTQI+ persons, rural residents, migrants, as well as
those who are otherwise adversely affected by persistent poverty or
inequality.
38. Chinese/Cuban/North Korean workers: Are any of these
populations subjected to or at high risk of forced labor in the country
as part of government-to-government agreements and/or in foreign
government-affiliated projects?
39. Please provide any information about trafficking trends or risk
factors stemming from slow-onset, climate-related change and sudden-
onset climate-related disasters, as well as any efforts to mitigate
these vulnerabilities.
Child Soldiering
40. Using the definition of ``child soldier'' as defined by the
Child Soldiers Prevention Act of 2008 (CSPA), describe instances,
cases, and reports, including anecdotal reports, of:
a. Use of any person under the age of 18 in direct hostilities as a
member of governmental armed forces, police, or other security forces;
b. Conscription or forced recruitment of persons under the age of
18 into governmental armed forces, police, or other security forces;
c. Voluntary recruitment of any person under 15 years of age into
governmental armed forces, police, or other security forces;
d. Recruitment (forced or voluntary) or use in hostilities of
persons under the age of 18 by armed groups distinct from the armed
forces of a state.
e. Abuse of male and female children recruited by governmental
armed forces, police, or other security forces, and government-
supported armed groups (e.g., sexual abuse or use for forced labor).
Describe the manner and age of conscription, noting differences in
treatment or conscription patterns based on gender.
41. Did the government provide support to an armed group that
recruits and/or uses child soldiers? What was the extent of the support
(e.g., in-kind, financial, training, etc.)? Where did the provision of
support occur (within the country or outside of the country)? In cases
where the government was included on the CSPA list in 2021 based on its
support to non-state armed groups that recruit and/or use child
soldiers, describe whether the government took steps to pressure the
group to cease its recruitment or use of child soldiers, publicly
disavow the group's recruitment or use of child soldiers, or cease its
support to that group.
42. Describe any government efforts to prevent or end child soldier
recruitment or use, including efforts to disarm, demobilize, and
reintegrate former child soldiers. (i.e., enacting any laws or
regulations, implementing a United Nations Action Plan or Roadmap,
specialized training for officials, procedures for age verification,
etc.)
Matthew Hickey,
Deputy Director, Office to Monitor and Combat Trafficking in Persons,
Department of State.
[FR Doc. 2022-26668 Filed 12-7-22; 8:45 am]
BILLING CODE 4710-11-P