2 0 1 1 T RA FF I C K IN G IN P ER S ON S RE P OR T
c) the determination that a country is making significant efforts to bring itself into compliance with minimum standards was based on commitments by the country to take additional steps over the next year.
Tier 3 Countries whose governments do not fully comply with the minimum standards and are not making significant efforts to do so. The TVPA lists additional factors through which to determine whether a country should be on Tier 2 (or Tier 2 Watch List) versus Tier 3. First, the extent to which the country is a country of origin, transit, or destination for severe forms of trafficking. Second, the extent to which the country’s government does not comply with the TVPA’s minimum standards and, in particular, the extent to which officials or government employees have been complicit in severe forms of trafficking. And third, reasonable measures required to bring the government into compliance with the minimum standards in light of the government’s resources and capabilities to address and eliminate severe forms of trafficking in persons. In 2008, the William Wilberforce Trafficking Victims Protection Reauthorization Act included a provision that any country that has been ranked Tier 2 Watch List for two consecutive years and that would otherwise be ranked Tier 2 Watch List for the next year will instead be ranked Tier 3 for the next year. This provision comes into effect for the first time in this year’s report. The Secretary of State, through delegation, can waive the automatic downgrade based on credible evidence that a waiver is justified because the government has a written plan that, if implemented, would constitute making significant efforts to comply with the TVPA’s minimum standards for the elimination of trafficking and is devoting sufficient resources to implement the plan. Governments subject to the automatic downgrade provision are noted as such within the country narratives.
Mauritania Mattalla spent most of his life as a slave. He often watched his owners beat his mother and sisters. When he protested, they beat him too. Matalla’s job was to take care of livestock and make charcoal. His family lived in a small area of the owners’ settlement surrounded by cloth. They were given no food except for the occasional leftovers and often cooked and ate lizards they caught in the desert. Escape in the Sahara would almost always lead to death by hunger or thirst or at the hands of slave owners who would find them. Mattalla was beaten if he lost a camel, if he sat on the same mat as his owners, or if he disobeyed them. When Mattalla met some soldiers on the road, he told them he’d rather be shot dead than return to his owners. The soldiers helped him escape and receive support from a local NGO. His family remained with the owners.
trade-related, and certain development-related assistance) from international financial institutions such as the International Monetary Fund (IMF) and the World Bank. Imposed sanctions will take effect on October 1, 2011; however, all or part of the TVPA’s sanctions can be waived if the President determines that the provision of such assistance to the government would promote the purposes of the statute or is otherwise in the United States’ national interest. The TVPA also provides for a waiver of sanctions if necessary to avoid significant adverse effects on vulnerable populations, including women and children. No tier ranking is permanent. Each and every country can do more, including the United States. All countries must maintain and increase efforts to combat trafficking.
Penalties for Tier 3 Countries
Pursuant to the TVPA, governments of countries on Tier 3 may be subject to certain sanctions, whereby the U.S. government may withhold or withdraw nonhumanitarian, non-trade-related foreign assistance. In addition, countries on Tier 3 may not receive funding for government employees’ participation in educational and cultural exchange programs. Consistent with the TVPA, governments subject to sanctions would also face U.S. opposition to assistance (except for humanitarian,
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Published on Jun 26, 2012