Trafficking in Persons Report 2012

Parliament house flag post

Trafficking in Persons Report 2012

Posted 3/07/2012 by Dianne Heriot

On 19 June, the US Secretary of State, Hilary Clinton, released the 2012 Trafficking in Persons Report. The TIP Report is produced annually by the Office to Monitor and Combat Trafficking in Persons within the State Department, and is seen by the US Government as its principal diplomatic tool to engage foreign governments on human trafficking. Released on Juneteenth or Freedom Day, the 2012  Report has particular resonance for the US as 22 September 2012 is the 150th anniversary of Lincoln's preliminary Emancipation Proclamation, Proclamation 93, Declaring the Objectives of the War Including Emancipation of Slaves in Rebellious States.

As explained in a FlagPost on last year's Report, each year countries' achievements or otherwise are assessed against standards set out in US domestic law -- the Trafficking Victim Protections Act 2000 (TVPA) -- rather than in international legal instruments, in particular the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children.  As the 2011 Report noted, the TVPA standards are largely (though not entirely) consistent with the framework for addressing trafficking established by the Protocol. Countries are grouped into four categories according to the State Department's assessment of their governments' efforts to combat trafficking:

  • Tier 1countries deemed to fully comply with the TVPA's minimum standards
  • Tier 2: countries whose governments are deemed to not fully comply with the TVPA's minimum standards but are making significant efforts to do so
  • Tier 2 Watch list: tier 2 countries in which: 1) the number of victims of trafficking is very significant or increasing; 2) the State Department has found no evidence of increasing efforts to combat trafficking (e.g. increased investigations or prosecutions); or 3) the determination that a country was making significant efforts was based on commitments by the country to take additional steps in the coming year, and
  • Tier 3: countries whose governments are deemed not to fully comply with the TVPA's minimum standards and who are not making significant efforts to do so.
The 2012 Report presents the State Department's assessment of 186 countries, with 185 of these ranked: 33 on Tier 1; 93 on Tier 2, and 42 on Tier 2 Watch List; and 17 on Tier 3. (The exception is Somalia which for the 10th year remains a special case due to the lack of a viable central government.)  For the first time Burma has been promoted from Tier 3 to Tier 2 Watch List; while Syria went from Tier 2 Watch List to Tier 3. The Report indicates that in 2011
  • there were 3969 reported convictions of traffickers (278 for labour trafficking), up from 3619 (237 for labour trafficking) in the 2011 TIP Report
  • 7909 prosecutions were reported as being underway (456 of these for labour trafficking), up from 6017 (607 for labour trafficking) in the 2011 TIP Report
  • governments identified and assisted 42 291 victims of trafficking, up from 33 114 in the 2011 TIP Report. (To place this figure in context, the International Labour Organisation's 2012 Global Estimate of Forced Labour found that there are nearly 21 million victims of forced labour across the world.)
A key focus of the 2012 Report is effective protection and support for victims of trafficking.  As every year, the the Report rewards close reading.  In regard to the US response, it notes that when Congress passed the TVPA in 2000, there were fears that its provisions would open the way to massive visa fraud. To guard against this, a cap of 5000 approvals a year was placed on the special T visas designated for victims of trafficking.  However, while numbers of applications are increasing every year, the total number of T visas approved since 2002 remains less than half of the quota available for one year (page 15).

Among the Topics of Special Interest in this year's Report is the high prevalence of forced labour among fishing crew, with commentary focusing on the March 2012 report of the New Zealand Ministerial Inquiry into labour exploitation on foreign flagged vessels (the subject of a number of FlagPosts.)  Featured on page 19 is a cutting of a advertisement from the Otago Daily Times (unattributed) offering a $1000 reward for information leading to the whereabouts of an Indonesian fisherman who jumped ship from FV Oyang 70 in Dunedin in 2007.  It sits beside a cutting of 19th century US advertisements offering rewards from $50 to $200 for the capture of escaped slaves.  (The Otago Daily Times responded quickly, saying that the advertisement was approved because it appeared the fishing company and a New Zealand fisheries consulting firm were concerned for their missing crew member.  However, it drew criticism when it first appeared.)  New Zealand remains at Tier 1.  However, the Report points to deficiencies in New Zealand anti-trafficking legislation, indicating the current statutes define trafficking too narrowly and do not criminalise all forms of forced labour.

Australia continues to hold a Tier 1 ranking, as it has done consistently since its first appearance in the 2004 TIP Report.  The Report states that Australia is a regional leader in combating trafficking in persons and is
primarily a destination country for women subjected to forced prostitution and to a lesser extent, women and men subjected to forced labour. Child sex trafficking also occurs with a small number of Australian citizens, primarily teenage girls, exploited within the country, as well as some foreign victims. 
The 2010-11 report of the Australian Government's Anti-People Trafficking Interdepartmental Committee had indicated that one unaccompanied minor was referred to the Support for Victims of Trafficking Program as a suspected victim of trafficking into the sex industry.  However, the TVPA definition of trafficking encompasses all forms of child prostitution. In Australia such offences are generally dealt with as state criminal offences and would not be reflected in trafficking data. The TIP Report notes also that the ‘government did not initiate any additional prosecutions during the year, a notable decrease from 13 prosecutions and five convictions during the previous year, and makes a number of recommendations for the Australian Government, including:

Finally, each year the State Department honours Tip Report Heroes, people from around the world who have devoted their lives to the fight against human trafficking

This year
Dr Anne Gallagher AO  was honoured by Secretary Clinton as a TIP Report Hero for her work in international law and policy on human trafficking -- the first time an Australian has been recognised in this way.

Dr Gallagher was also made an Officer in the General Division of the Order of Australia in the 2012 Queen's Birthday Honours, for distinguished service to the law, and to human rights, as a practitioner, teacher and scholar, particularly in the areas of human trafficking responses and criminal justice.

(Image source: US State Department)

Thank you for your comment. If it does not require moderation, it will appear shortly.
Facebook LinkedIn Twitter Add | Email Print


Flagpost is a blog on current issues of interest to members of the Australian Parliament

Parliamentary Library Logo showing Information Analysis & Advice




refugees asylum immigration Parliament Australian foreign policy elections climate change social security women welfare reform taxation Indigenous Australians Australian Defence Force welfare policy school education higher education private health insurance health financing emissions trading Senate Australian Bureau of Statistics employment people trafficking Asia statistics Middle East illicit drugs gambling health reform federal election 2010 income management Medicare disability Sport United Nations industrial relations constitution transport Australian Public Service politics criminal law Afghanistan health forced labour environment aged care aid Australian Sports Anti-Doping Agency World Anti-Doping Agency United States federal budget Carbon Pricing Mechanism dental health regulation food Fair Work Act voting law enforcement electoral reform public service reform OECD Australian Electoral Commission WADA child protection poker machines Australia in the Asian Century steroids National Disability Insurance Scheme detention 43rd Parliament slavery health system domestic violence parliamentary procedure International Women's Day accountability defence capability multiculturalism ASADA Australian Federal Police governance labour force people smuggling debt international relations New Zealand Australian Crime Commission pharmaceutical benefits scheme Human rights crime China leadership Census election results UK Parliament Papua New Guinea banking corruption pensions children's health Aviation federal election 2013 foreign debt gross debt net debt Senators and Members ALP Newstart Parenting Payment Youth Allowance sea farers Australian economy violence against women vocational education and training military history by-election political parties High Court skilled migration mental health Federal Court terrorist groups science social media Higher Education Loan Program HECS federal state relations youth paid parental leave same sex relationships coal seam gas customs planning doping health risks Gonski Review of Funding for Schooling sex slavery Special Rapporteur Northern Territory Emergency Response social policy Rural and regional trade unions Foreign affairs election timetable Indigenous royal commission Productivity United Kingdom firearms public policy Population ADRV terrorism transparency research and development welfare ASIO intelligence community Australian Security Intelligence Organisation carbon tax mining employer employee renewable energy regional unemployment fishing European Union family assistance United Nations Security Council forestry food labelling Drugs welfare systems Indonesia children Constitutional reform local government codes of conduct terrorist financing homelessness Parliamentary remuneration money laundering Trafficking in Persons Report energy social inclusion paternalism nutrition ODA Defence sitting days electoral divisions Southeast Asia administrative law universities TAFE Ireland citizenship asylum seekers early childhood education Canada Financial sector national security fuel disability employment Tasmania integrity standards NATO Australian Secret Intelligence Service sexual abuse World Trade Organization Australia public health housing affordability bulk billing water health policy Governor-General US economy export liquefied natural gas foreign bribery question time speaker superannuation public housing expertise climate Intergovernmental Panel on Climate Change Department of Agriculture Fisheries and Forestry Pacific Islands reserved seats new psychoactive substances synthetic drugs UNODC carbon markets animal health middle class welfare constitutional recognition of local government referendum consumer laws PISA competition policy US politics language education baby bonus Leaders of the Opposition citizen engagement policymaking Australia Greens servitude Trafficking Protocol forced marriage alcohol entitlements ministries Hung Parliament social citizenship maritime Iran ANZUS regional students school chaplains federal budget 2011-12 salary Medicare Locals primary care Building the Education Revolution marine pollution sustainability prisons police deaths in custody electoral margins electoral pendulum electoral redistribution redistribution NSW redistribution WA redistribution ACT electoral boundaries ASEAN Sustainable Development Goals Double dissolution Senators safety vehicles MYEFO Pathology tertiary education Taiwan Xi Ma meeting family violence government financial advisers financial planners Financial System Inquiry Murray Inquiry China; Economic policy; Southeast Asia; Africa housing Speaker; House of Representatives; Parliament High Court; Indigenous; Indigenous Australians; Native Title ACT Indigenous education Norfolk Island External Territories emissions reduction fund; climate change child care funding refugees immigration asylum procurement Indigenous health e-voting internet voting nsw state elections 44th Parliament 2015 ABS Age Pension Death penalty capital punishment execution Bali nine Bali bombings Trade EU China soft power education Fiji India Disability Support Pension Antarctica Diplomacy by-elections state and territories Bills anti-corruption fraud bribery corporate ownership whistleblower G20 economic reform innovation Members of Parliament Scottish referendum Middle East; national security; terrorism social services Criminal Code Amendment (Misrepresentation of Age to a Minor) Bill 2013 online grooming sexual assault of minors ACT Assembly smoking plain packaging tobacco cigarettes Asia; Japan; international relations Work Health and Safety Migration; asylum seekers; regional processing China; United States; international relations fiscal policy Racial Discrimination Act; social policy; human rights; indigenous Australians Foreign policy Israel Palestine asylum refugees immigration political finance donations foreign aid Economics efficiency human rights; Racial Discrimination Act employment law bullying Animal law; food copyright Australian Law Reform Commission industry peace keeping contracts workplace policies same-sex marriage disorderly conduct retirement Parliament House standing orders prime ministers First speech defence budget submarines workers Somalia GDP world heritage political engagement leave loading Trade; tariffs; safeguards; Anti-dumping public interest disclosure whistleblowing Productivity Commission limitation period cancer gene patents genetic testing suspension of standing and sessional orders live exports infant mortality honorary citizen railways disciplinary tribunals standard of proof World Health Organisation arts international students skilled graduate visas temporary employment visas apologies roads Italy national heritage NHMRC anti-dumping Rent Assistance obesity evidence law sacrament of confession US presidential election international days DFAT UN General Assembly deregulation Regulation Impact Statements small business Breaker Morant regional engagement social determinants of health abortion Members suspension workplace health and safety marine reserves hearing Victoria astronomy resources sector YMCA youth parliament Korea rebate Australian Greens presidential nomination Racial Discrimination Act political parties preselection solar hot water Financial Action Taskforce Horn of Africa peacekeeping piracy Great Barrier Reef Stronger futures political financing political education Social Inclusion Board early childhood National Quality Framework for Early Childhood Education and Care Murray-Darling Basin sanctions Norway hospitals republic President Barack Obama Presidential visits qantas counselling Korean peninsula Work Choices biosecurity hendra environmental law federalism federation preselection therapeutic goods Therapeutic Goods Administration plebiscites computer games pests suicide nuclear COAG Ministerial Councils floods ADHD stimulant medication advertising electricity extradition conscience votes poverty preventative health rural health coastal erosion Parliamentary Budget Office work-life balance

Show all
Show less
Back to top