MEMORANDUM OF JUSTIFICATION
CONSISTENT WITH SECTION 110(b)(2)(D) OF THE TRAFFICKING VICTIMS
PROTECTION ACT OF 2000, AS AMENDED (TVPA)
Section 110(b)(2)(D) of the TVPA (22 U.S.C. § 7107(b)(2)(D)) requires a country that has been included on the Tier 2 Watch List for two consecutive years and has not been upgraded to Tier 1 or Tier 2 to be included in the following year’s report as Tier 3. The governments of Tier 3 countries are those governments that do not fully comply with the minimum standards for the elimination of trafficking and are not making significant efforts to do so.
Section 110(b)(2)(D) authorizes the President to waive the application of this automatic downgrade the following year if he determines and reports credible evidence to the SFRC and the HFAC that such a waiver is justified because – “(i) the country has a written plan to begin making significant efforts to bring itself into compliance with the minimum standards for the elimination of trafficking; (ii) the plan, if implemented, would constitute making such significant efforts; and (iii) the country is devoting sufficient resources to implement that plan.” On September 20, 2010, the President delegated the waiver authority under this provision to the Secretary of State.
This memorandum provides the justifications for a waiver from the automatic downgrade from Tier 2 Watch List to Tier 3 for Bhutan, Cameroon, Chad, the Democratic Republic of the Congo, Equatorial Guinea, Guinea, Hong Kong, Mali, Mauritania, Senegal, and Zambia for the 2022 TIP Report. It also provides the justification for a waiver for Aruba, which is a semi-autonomous entity of the Kingdom of the Netherlands, not a “country” to which the minimum standards for the elimination of trafficking in the TVPA apply, but which was assessed if it were a separate, independent country.
Because each of the countries and territories, including Aruba, discussed below has a written plan to begin making significant efforts to meet the minimum standards for the elimination of trafficking and is devoting sufficient resources to implement the plan, waivers for each of the 11 listed countries and territories and Aruba are justified under Section 110(b)(2)(D) of the TVPA. With the waivers, all 12 will remain on Tier 2 Watch List for one additional year.
Explanations of the Determinations for Each of These 11 Countries and Territories and Aruba
Aruba
Aruba is a semi-autonomous entity of the Kingdom of the Netherlands. For the purpose of this justification, Aruba is not a “country” to which the minimum standards for the elimination of trafficking in the TVPA apply but was assessed as if it were a separate, independent country. The Government of Aruba maintained the 2018-2022 Integrated Action Plan to Combat Trafficking and Smuggling of Persons. The plan tasked the Aruban coordination center for human trafficking and migrant smuggling and other relevant agencies with protecting trafficking victims, prosecuting traffickers, and preventing the crime. These action items included developing new standard operating procedures for the identification and referral of victims, increasing trafficking investigations, improving data collection, and training government officials to identify trafficking cases and victims.
The government reported receiving funding from the Kingdom of the Netherlands to partially fund the plan and the Government of Aruba will provide additional funds necessary to fully implement it. Because implementation of the written plan would constitute making significant efforts to bring Aruba into compliance with the minimum standards for the elimination of trafficking, and because the Government of Aruba has devoted sufficient resources to implement the plan, a waiver is justified under section 110(b)(2)(D) for Aruba in the 2022 Trafficking in Persons Report.
Bhutan
The Government of Bhutan finalized a national action plan to combat human trafficking, drafted by Bhutan’s anti-trafficking task force as part of the government’s broader prevention strategy in July 2021, and officially launched the plan in January 2022. The plan invests in Bhutanese institutional capacity, including training law enforcement investigators, prosecutors, and other officials on human trafficking and standard operating procedures. The plan requires the government to review and amend the currently inadequate definition of child trafficking and ratify the 2000 UN TIP Protocol. The plan pledges support to trafficking victims through sustainable reintegration programs. The government, as noted under the plan, will also review regulations for overseas employment programs, develop a foreign workers management strategy, and enhance cooperation with other countries through memoranda of understanding. In addition, it commits the Government of Bhutan to improve data collection through the development of reporting guidelines and integrate trafficking in a proposed database management system.
The Government of Bhutan has devoted resources to implement the plan. Because implementation of the written plan would constitute making significant efforts to bring Bhutan into compliance with the minimum standards for the elimination of trafficking, and because the Government of Bhutan has devoted sufficient resources to implement the plan, a waiver is justified under section 110(b)(2)(D) for Bhutan in the 2022 Trafficking in Persons Report.
Cameroon
The Government of Cameroon extended its existing 2020-2021 anti-trafficking national action plan for an additional two years (2021-2023). The plan directs relevant government agencies and stakeholders to combat human trafficking by raising public awareness, strengthening legal and institutional frameworks, increasing the capacity of anti-trafficking stakeholders to identify and protect victims, and providing anti-trafficking training to law enforcement and judicial officials.
The plan also increases data collection on human trafficking. The government devoted staff and funding to implement the plan. Because implementation of the written plan would constitute making significant efforts to bring Cameroon into compliance with the minimum standards for the elimination of trafficking, and because the Government of Cameroon has devoted sufficient resources to implement the plan, a waiver is justified under section 110(b)(2)(D) for Cameroon in the 2022 Trafficking in Persons Report.
Chad
The Government of Chad finalized its 2021-2022 anti-trafficking national action plan. The plan tasks relevant government agencies with efforts to protect trafficking victims, prosecute traffickers, and prevent the crime. These action items include increasing training for government officials on human trafficking and conducting awareness activities. The transitional government devoted resources to implement the plan. Because implementation of the written plan would constitute making significant efforts to bring Chad into compliance with the minimum standards for the elimination of trafficking, and because the Government of Chad has devoted sufficient resources to implement the plan, a waiver is justified under section 110(b)(2)(D) for Chad in the 2022 Trafficking in Persons Report.
The Democratic Republic of the Congo
The Government of the Democratic Republic of the Congo (DRC) continued to implement its 2020-2024 anti-trafficking national action plan. The plan directs relevant government agencies with efforts to protect trafficking victims, prosecute traffickers, and prevent the crime. These action items include providing training to improve government capacity to identify victims and refer them to care and increasing prevention activities, including through public awareness campaigns. The government devoted resources to implement the plan.
Because implementation of the written plan would constitute making significant efforts to bring the DRC into compliance with the minimum standards for the elimination of trafficking, and because the Government of the DRC has devoted sufficient resources to implement the plan, a waiver is justified under section 110(b)(2)(D) for the DRC in the 2022 Trafficking in Persons Report.
Equatorial Guinea
The Government of Equatorial Guinea adopted its 2022-2024 anti-trafficking National Action Plan in March 2022. The plan tasks relevant government agencies with efforts to protect trafficking victims, prosecute traffickers, and prevent the crime. These action items include increasing training for law enforcement personnel, enhancing victim protections, and conducting awareness activities. The government devoted resources to implement the plan. Because implementation of the written plan would constitute making significant efforts to bring Equatorial Guinea into compliance with the minimum standards for the elimination of trafficking, and because the Government of Equatorial Guinea has devoted sufficient resources to implement the plan, a waiver is justified under section 110(b)(2)(D) for Equatorial Guinea in the 2022 Trafficking in Persons Report.
Guinea
The Government of Guinea developed a supplemental national action plan for calendar year 2022. The plan directs relevant government agencies to combat human trafficking. The plan directs involved ministries to amend the existing trafficking law, which allows for fines in lieu of sentencing and calls for dedicating resources to increasing prosecutions of traffickers. The plan targets increased coordination to identify victims as well as increased funding to NGOs. The plan calls for increased collaboration among government officials and NGOs on public awareness efforts. The government devoted resources to implement the plan.
Because implementation of the written plan would constitute making significant efforts to bring Guinea into compliance with the minimum standards for the elimination of trafficking, and because the Government of Guinea has devoted sufficient resources to implement the plan, a waiver is justified under section 110(b)(2)(D) for Guinea in the 2022 Trafficking in Persons Report.
Hong Kong
The Government of Hong Kong adopted an action plan to tackle trafficking in persons and to enhance protection of foreign domestic helpers in Hong Kong in March 2018. The plan continues to serve as the guiding document for government agencies combating trafficking, and the government allocated approximately $7.97 million in its annual budget towards its implementation. The plan establishes a framework for the government’s anti-trafficking efforts in terms of prosecution, victim protection and support, prevention, and partnership. The plan instructs the government to operate dedicated law enforcement teams to investigate and prosecute trafficking crimes. The government will partner with NGOs and foreign governments to facilitate the return of foreign victims, and extend shelter, medical and psychological support, and legal services to victims.
In addition, the plan directs the government to provide training to frontline officers, prosecutors, and judicial officials. To prevent trafficking, the government will distribute materials to raise public awareness, and will strengthen protections for foreign domestic workers. Because implementation of the written plan would constitute making significant efforts to bring Hong Kong into compliance with the minimum standards for the elimination of trafficking, and because the Government of Hong Kong has devoted sufficient resources to implement the plan, a waiver is justified under section 110(b)(2)(D) for Hong Kong in the 2022 Trafficking in Persons Report.
Mali
The Malian transitional government continued implementing the 2018-2022 anti-trafficking national action plan. Through relevant government agencies, coordinated by the national anti-trafficking committee, the plan outlines steps to strengthen prevention, protection, prosecution, and coordination efforts. These action items include organizing awareness raising campaigns, increasing training and resources for law enforcement and judicial officials, and developing a training manual for protection actors. The transition government devoted staff and funding to implement the plan. Because implementation of the written plan would constitute making significant efforts to bring Mali into compliance with the minimum standards for the elimination of trafficking, and because the Malian transition government has devoted sufficient resources to implement the plan, a waiver is justified under section 110(b)(2)(D) for Mali in the 2022 Trafficking in Persons Report.
Mauritania
The Government of Mauritania continued implementing the 2020-2022 national action plan to combat trafficking in persons. The plan directs relevant ministries and government stakeholders to combat human trafficking through public awareness, conducting research, strengthening stakeholders’ capacity, improving legal frameworks and prosecution efforts, increasing victim protection and reintegration services, establishing a national anti-trafficking coordinating body, and improving regional and international cooperation. The government devoted staff and funding to implement the plan. Because implementation of the written plan would constitute making significant efforts to bring Mauritania into compliance with the minimum standards for the elimination of trafficking, and because the Government of the Islamic Republic of Mauritania has devoted sufficient resources to implement the plan, a waiver is justified under section 110(b)(2)(D) for Mauritania in the 2022 Trafficking in Persons Report.
Senegal
The Government of Senegal continued implementing its 2021-2023 anti-trafficking national action plan. Through relevant government agencies, the plan addresses prevention, protection, and prosecution efforts. These include raising public awareness, training stakeholders on victim identification and protection, strengthening enforcement of the anti-trafficking law, increasing collaboration with civil society, and monitoring and evaluating the plan’s implementation. The government devoted staff and funding to a national anti-trafficking task force, which is responsible for the implementation of the action plan. Because implementation of the written plan would constitute making significant efforts to bring Senegal into compliance with the minimum standards for the elimination of trafficking, and because the Government of Senegal has devoted sufficient resources to implement the plan, a waiver is justified under section 110(b)(2)(D) for Senegal in the 2022 Trafficking in Persons Report.
Zambia
The government of Zambia adopted the national action plan for 2022-2024 for trafficking in persons and migrant smuggling, which tasks relevant ministries and government institutions, through coordination by the government’s inter-ministerial national committee on human trafficking, with prevention, protection, and prosecution efforts. These action items include amending the anti-trafficking law to comply with international standards, increasing capacity of criminal justice institutions to effectively investigate and prosecute cases, implementing the national referral mechanism, increasing regional law enforcement collaboration, conducting research on human trafficking, training first responders on victim identification, building dedicated trafficking shelters, and organizing awareness campaigns. The government devoted staff and funding to support implementation of the action plan.
Because implementation of the written plan would constitute making significant efforts to bring Zambia into compliance with the minimum standards for the elimination of trafficking, and because the Government of Zambia has devoted sufficient resources to implement the plan, a waiver is justified under section 110(b)(2)(D) for Zambia in the 2022 Trafficking in Persons Report.
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