Combating Human Trafficking in SVG: Part-1

by: The Anti-Trafficking in Persons Unit (ATIPU) Fri, May 18. 2012

Victims of Trafficking and Violence Protection Act (TVPA)

On October 28, 2000, the United States Congress enacted the Victims of Trafficking and Violence Protection Act “to combat trafficking in persons, especially into the sex trade, slavery, and involuntary servitude, to reauthorize certain Federal programs to prevent violence against women, and for other purposes”.{{more}}

The Victims of Trafficking and Violence Protection Act is divided into thirteen sections (101-113); however, for the purpose of this article, only sections 108 – 110 will be dealt with.

Section 108 – Minimum Standards for the Elimination of Trafficking

Section 108 of the Act spells out the minimum standards for the elimination of trafficking applicable to “the government of a country of origin, transit, or destination for a significant number of victims of severe forms of trafficking”. The minimum standards listed in the Act are 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.

CRITERIA.-In determinations under subsection (4)(a), the following factors should be considered as indicia of serious and sustained efforts to eliminate severe forms of trafficking in persons:

a) Whether the government of the country vigorously investigates and prosecutes acts of severe forms of trafficking in the country.

b) 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.

c) 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.

d) Whether the government of the country cooperates with other governments in the investigation and prosecution of severe forms of trafficking in persons.

e) 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 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).

f) 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.

g) Whether the government of the country vigorously investigates and prosecutes public officials who participate in or facilitate severe forms of trafficking in persons, and takes all appropriate measures against officials who condone such trafficking”.

The above listed minimum standards form the basis upon which the United States Government places countries on the Annual Global Trafficking in Persons Report (TIP Report). No later than June 1st of each year, the Act (TVPA) mandates the United States Secretary of State to submit to Congress a report on all countries (except Haiti and Somalia which receive special exemptions), with respect to the status of severe forms of trafficking in persons occurring in each country. The report shall include;

(A) Minimum standards for the elimination of trafficking are applicable and whose governments fully comply with such standards;

(B) a list of those countries, if any, to which the minimum standards for the elimination of trafficking are applicable and whose governments do not yet fully comply with such standards but are making significant efforts to bring themselves into compliance; and

(C) a list of those countries, if any, to which the minimum standards for the elimination of trafficking are applicable and whose governments do not fully comply with such standards and are not making significant efforts to bring themselves into compliance.

(1) INTERIM REPORTS – In addition to the annual report under paragraph (1), the Secretary of State may submit to the appropriate congressional committees at any time one or more interim reports with respect to the status of severe forms of trafficking in persons, including information about countries whose governments:

(A) Have come into or out of compliance with the minimum standards for the elimination of trafficking; or

(B) Have begun or ceased to make significant efforts to bring themselves into compliance, since the transmission of the last annual report.

(2) SIGNIFICANT EFFORTS – In determinations under paragraph (1) or (2) as to whether the government of a country is making significant efforts to bring itself into compliance with the minimum standards for the elimination of trafficking, the Secretary of State shall consider:

(A) the extent to which the country is a country of origin, transit, or destination for severe forms of trafficking; Deadline.

(B) the extent of noncompliance with the minimum standards by the government and, particularly, the extent to which officials or employees of the government have participated in, facilitated, condoned, or are otherwise complicit in severe forms of trafficking; and

(C) What measures are reasonable to bring the government into compliance with the minimum standards in light of the resources and capabilities of the government.

(to be continued in Midweek Searchlight on May 22)

The Anti-Trafficking in Persons Unit (ATIPU)
Police Headquarters
Questelles Police Station
Tel: 784-4571211
Email: svgantitraffickingunit@gmail.com