mercoledì 29 giugno 2011

US State Department Trafficking in Persons Report:

Kav LaOved •Hotline For Migrant Workers •Physicians for Human Rights-Israel •The Association for Civil Rights in Israel •Amnesty International – Israel

Press Release – For Immediate Distribution

June 28^th, 2011

US State Department Trafficking in Persons Report:

Israel Must Refrain From Binding Mirant Workers to Their Employers

The US State Department’s yearly report on global human trafficking, released yesterday evening (9:00 PM Israeli time) once again classified Israel as a Tier 2 country along with other states that do not meet the ‘minimal standards for the elimination of trafficking’ within their borders. The report fiercely criticizes Israel for being unprepared for changes in human trafficking patterns and for punishing its victims.

The principal recommendations of the US State Department:

· Eliminate "binding" and other restrictions on the ability of foreign caregivers to freely change employers within sectors

· Strengthen victim identification of migrants arriving from Sinai, and accord those trafficking victims full protections and medical treatment

· Cease practice of immediately returning migrants back to Egypt ("hot returns") without determining if they were trafficking victims in the Sinai.

· And significantly increase prosecutions, convictions, and punishment of labor trafficking offenders (including "employers") and offenses

Israeli NGO’s: “The findings of the report confirm our claims: that the arrangements which forbid migrant workers from changing employers create fertile ground for human trafficking and severe exploitation.”

“Instead of increasing efforts to fight human trafficking, the Knesset decided only a month ago to pass a law binding foreign caregivers to their employers. This law is expected to expose vulnerable migrant workers to further exploitation and to enable even more human trafficking. Israel should adopt the US State Department’s recommendations and refrain from binding migrant workers to their employers”, the NGO’s note.

According to these organizations 14,000 asylum seekers, the majority from Eritrea, crossed the Sinai desert into Israel in 2010. The report states that many are abducted for long periods and used as sex slaves and forced laborers by organized Bedouin groups. Despite this fact, the NGO’s point out that Israel continues to deport human trafficking victims to Egypt without prior inspection. Israel’s ‘Hot Returns’ policy is unacceptable and a violation of the UN Refugee Convention of which it is a signatory. Israel should accept the recommendation of the US State Department and must stop the ‘Hot Returns’ immediately.

The NGO’s add: “Victims of human trafficking and labor trafficking must be given access to Israeli health and social welfare systems. This would not require any new legislation, but simply the willingness of the health and welfare ministries.

For more details:

Dana Shaked, ‘Kav Laoved’, 052-534-9876

Attached: US State Department TIP Report 2011

Text of Israel's country narrative in the 2011 TIP Report
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ISRAEL (TIER 2)
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Israel is a destination country for men and women subjected to forced labor and sex trafficking. Low-skilled workers from Thailand, China, Nepal, the Philippines, India, Sri Lanka, and, to a lesser extent, Romania, migrate voluntarily and legally to Israel for temporary contract labor in construction, agriculture, and home health care provision. Some, however, subsequently face conditions of forced labor, including through such practices as the unlawful withholding of passports, restrictions on movement, inability to change or otherwise choose one's employer, nonpayment of wages, threats, sexual assault, and physical intimidation. Many labor recruitment agencies in source countries and in Israel require workers to pay recruitment fees typically ranging from $4,000 to $20,000 - a practice making workers highly vulnerable to trafficking or debt bondage once working in Israel. One NGO noted that recruitment fees increased in 2010.

According to the Ministry of Interior (MOI), an increased number of migrants (approximately 14,000) crossed into Israel in 2010 from the Sinai, compared with approximately 5,000 in 2009. Organized Bedouin groups kept many of these migrants captive in the Sinai; an unknown number of them were forced into sexual servitude or labor to build homes and serve as domestic workers. Some women from the former Soviet Union and China are subjected to forced prostitution in Israel, although the number of women affected has declined since the passage and implementation of Israel's 2006 anti-trafficking bill. Chinese sex trafficking victims are forced into prostitution for male Chinese workers in Israel. In the past year, the government and the media reported that four South American women were forced into prostitution. According to an NGO and a media report, some Israeli women and girls are subjected to forced prostitution in Israel, but the police could not corroborate these allegations.

The Government of Israel does not fully comply with the minimum standards for the elimination of trafficking; however, it is making significant efforts to do so. Israel continued law enforcement actions against sex trafficking and continued to make strong prevention efforts. The government continued to take inadequate steps, however, to identify and protect labor trafficking victims and prosecute and convict labor trafficking offenders in the reporting period.

Recommendations for Israel: Significantly increase prosecutions, convictions, and punishment of labor trafficking offenders (including "employers") and offenses; ensure that labor trafficking crimes are prosecuted under labor trafficking statutes; ensure trafficking victims are not penalized for unlawful acts committed as a direct result of being trafficked, such as immigration violations; continue to investigate the incidence of Israeli nationals subjected to forced prostitution; increase the number of labor inspectors and translators in the agriculture, construction, and homecare sectors, ensuring that they are adequately trained in identifying trafficking cases; eliminate "binding" and other restrictions on the ability of foreign workers to freely change employers within sectors; evaluate employers and recruitment agencies for histories or indicators of abusive practices before referring abused migrant workers to them for new employment; strengthen victim identification of migrants arriving from Sinai, and accord those trafficking victims full protections and medical treatment; enforce the prohibition to charge brokerage fees beyond the maximum amount allowed by Israeli law; and cease practice of immediately returning migrants back to Egypt ("hot returns") without determining if they were trafficking victims in the Sinai.

Prosecution
The Government of Israel sustained its strong law enforcement progress against sex trafficking during the reporting period; it also made initial progress against labor trafficking, seen through the first prosecution under a labor trafficking statute involving a migrant worker. Israel prohibits all forms of human trafficking through its Anti Trafficking Law of 2006, which prescribes penalties of up to 16 years' imprisonment for trafficking of an adult, up to 20 years' imprisonment for trafficking of a child, up to 16 years' imprisonment for slavery, and up to seven years' imprisonment for forced labor. These penalties are sufficiently stringent and commensurate with those prescribed for other serious crimes, such as rape. During the year, the government did not record any convictions for labor trafficking under trafficking statutes. The government convicted seven sex traffickers under trafficking statutes, with sentencing ranging from six months' community service to 8.5 years' imprisonment with compensation to the victim of about $11,000. At least one of these cases is currently under appeal. Israel convicted six sex traffickers under non-trafficking statutes; these cases were prosecuted under trafficking statutes but the offense was changed during plea negotiations. Sentences imposed on these convicted offenders ranged from 24 months' imprisonment with compensation to the victim of $8,000 to 7.5 years' imprisonment. The government prosecuted two cases with three defendants for labor trafficking under trafficking statutes, one of which involved migrant workers from Thailand and the Philippines in the agriculture and homecare sectors. Eleven sex trafficking cases, with approximately 21 defendants, were prosecuted under trafficking statutes. Many of these prosecutions were ongoing from previous years. In the reporting period, the government investigated three individuals for labor trafficking and seven individuals for sex trafficking. One of these investigations stemmed from a complaint an NGO filed with police in May 2010 on behalf of a caregiver from Moldova who was forced to have sex with the employer's young disabled son over a sustained period of time, experiencing threats and lack of freedom of movement. A Ministry of Welfare and Social Services employee had been aware of the situation of forced sex but did not intervene; the government launched an investigation of the employer, as well as a separate investigation of the Ministry worker.

NGOs continued to assert that the government focused on prosecutions of related offenses - which allow for smaller punishments - rather than the prosecutions of trafficking crimes. Police did not uncover cases where Israeli women were forced into prostitution during the reporting period. NGOs continued to report that the majority of alleged labor trafficking complaints were launched by NGOs, as opposed to by the government, and they also noted that there was insufficient funding and staffing for police enforcement, particularly in the field. The SAAR unit - which was established in 2009 to specialize in cases involving foreign workers, and includes a trafficking unit - confirmed that it relied largely on information from NGOs to investigate instances of
alleged labor trafficking. The government continued to provide numerous classes, workshops, and seminars to train law enforcement officers, judicial officials, labor inspectors, and others on trafficking. For instance, the Institute of Legal Training for
Attorneys and Advisors of the Ministry of Justice conducted a seminar on trafficking for state prosecutors, judges, and lawyers.

Protection
The Government of Israel continued to improve its protection of trafficking victims over the reporting period, although it lacked effective procedures to identify victims of labor trafficking, including migrant workers and migrants who entered from the Sinai. As a result, some unidentified victims were penalized for offenses or violations committed as part of their being trafficked. The government has a formal system of proactively identifying foreign sex trafficking victims among high-risk persons with whom they come in contact. In the reporting period, police did not identify any children or Israeli women forced into prostitution. During the reporting period, the government completed a study which, among other things, examined claims of internal sex trafficking. According to an NGO, Israel detained and deported some labor trafficking victims if they were undocumented and not identified as trafficking victims. Some alleged sex trafficking victims were also arrested and detained for their undocumented status. An NGO noted that some trafficking victims who entered Israel via the Sinai stayed in the Saharonim prison long after being recognized as trafficking victims. The government provided some training and workshops on victim identification to officials. For instance, in November 2010, all Population, Immigration, and Borders Authority inspectors enforcing certain foreign labor laws participated in a mandatory training program which included a segment on trafficking prevention and victim identification.

The government continued to run its 35-bed Maagan shelter for foreign female trafficking victims and the 35-bed Atlas shelter for foreign male trafficking victims, both of which were open and did not detain victims involuntarily. NGOs and international organizations claim that these shelters are insufficient to treat the scale of trafficking victims in Israel. The government referred 15 women to the Maagan shelter and 63 men to the Atlas shelter in 2010. As of December 2010, 20 women, 13 men, and six children were housed in the shelters. The shelter staff maintained contact with trafficking victims after they had left the shelter to assist them with long-term re-integration into Israeli society. The government continued to fund and supervise the shelters and its legal and medical services, allocating approximately $1.4 million in 2010 to fund an NGO's operation of the Atlas and Maagan facilities. While these two shelters offer some job training, they were not geared for long-term treatment beyond one year. The Legal Aid Branch of the Ministry of Justice continued to enable victims to obtain restitution and provided representation to all victims free of charge. In cases handled by the Branch, however, traffickers were given lesser penalties than if they were sentenced in criminal proceedings. The government encouraged victims to assist in the investigation and prosecution of trafficking.

The MOI did not perform sufficient checks on referred employers and had sent some migrant workers, who had already experienced abuses in Israel, to work for other abusive employers - sometimes without their consent. Government officials noted that there were several allegations against particular police officers about mistreatment and abuse of foreign workers, some of whom may have been trafficking victims. During the year, the government issued several temporary B1 visas - unrestricted work visas - to trafficking victims, not contingent on their cooperation with law enforcement officials. While the government insisted that all requests for such B1 visas be approved by the Ministry of Interior, an NGO noted that some trafficking victims assisted in shelters during the reporting period - including those who entered via the Sinai - were not granted those visas. The government acknowledged the problem that no trafficking victims who entered via the Sinai received B1 visas, and officials began discussing how to rectify the situation.

NGOs and international organizations were critical of Israeli efforts to identify and protect trafficking victims among the migrants and refugees who entered via the Sinai, as well as the government's continued practice of "hot returns" of asylum seekers back to Egypt without attempting to identify trafficking victims among them. According to international organizations and NGOs, immigration officials pressured some trafficking victims with disputed nationalities not to claim citizenship of Sudan or Eritrea, which would accord protection from deportation. As a result, these trafficking victims were not offered protection, including shelter and B1 visas. In August 2010, the Humanitarian Committee of the Ministry of Interior ruled that a sex trafficking victim was permitted to receive an A5 temporary residence visa for two years, after which period she could enter into the process to become a permanent resident, due to the special circumstances of her case - she was trafficked at the age of 15 by her father in 2001.

Prevention
The Israeli government made sustained progress in preventing trafficking in persons over the reporting period. In December 2010, the government held its third annual ceremony to present awards to individuals or organizations that made a significant contribution against human trafficking. The Knesset Subcommittee on Trafficking in Women met often during the reporting period, including via public hearings, to discuss ways to enhance governmental efforts to combat human trafficking. Inter-agency coordination on human trafficking was generally well-coordinated. The government opened several investigations and prosecutions, and obtained three convictions with sentences ranging from 15 to 50 months' imprisonment, for illegal extraction of recruitment fees from foreign workers. The government revoked the license of one recruitment agency due to illegal fees taken from migrant workers recruited abroad. NGOs continued to criticize the lack of mobility of foreign workers within sectors and raised concerns over amendments to the Law of Entry passed in the Knesset in May 2011 that further bind foreign workers to sectors, employers, and geographic regions. NGOs assert that the binding of migrant workers creates vulnerability to human trafficking. As a continuation of last year's efforts, the country's national coordinator for human trafficking posted an annual summary of the Israeli government's anti-trafficking efforts on the Internet. As in prior years, the Knesset held a meeting to discuss the 2010 TIP Report for Israel. The government continued to distribute a labor rights brochure to foreign workers arriving at Ben Gurion Airport. In November 2010, an amendment to the Foreign Workers Law was passed which authorizes inspectors to enter and inspect a private household where migrant workers are employed. Every Israeli citizen is registered in the Population Registry. Foreign workers are registered with their respective manpower agencies. The government opened 456 cases of managing a property for the purpose of engaging persons in prostitution and 27 cases of advertisement of prostitution services, in efforts to reduce the demand for commercial sex acts.

Human trafficking blacklist grows

http://www.washingtontimes.com/news/2011/jun/27/human-trafficking-blacklist-grows/?utm_source=RSS_Feed&utm_medium=RSS

U.S. tells 23 nations they aren’t doing enough

By Chuck Neubauer

-

The Washington Times

The number of countries that have done little to combat human trafficking problems, including Libya, Cuba, North Korea, Iran and Saudi Arabia, has nearly doubled from 13 to 23 in the past year, the State Department said Monday.

These countries could face U.S. sanctions, including the loss of foreign aid, if they don’t improve.

The State Department issued the rankings as part of its annual Trafficking in Persons (TIP) report, which analyzes the trafficking of humans, mostly women and children, in 184 countries including the United States.

Secretary of State Hillary Rodham Clinton said in releasing the report that while progress has been made “we all have to do more.” She called it “modern-day slavery” and said “more human beings are exploited than before” - as many as 27 million men, women, and children.

Department officials said estimates include 100,000 human trafficking victims in the United States.

“As we assess ourselves and governments around the world, the true test of a countrys anti-trafficking efforts is not just whether a government has enacted strong laws consistent with that approach, but whether these laws are being implemented broadly and effectively,” Mrs. Clintonwrote in a letter accompanying the report. “In short, its whether they deliver.

“Last year, I visited a shelter for trafficking survivors. I was embraced by children who should have been in grade school, but were instead recovering from having been enslaved in a brothel,” Mrs. Clinton wrote. “Looking into the eyes of those girls and hearing their stories firsthand brought home for me once again the very real and personal tragedy of modern slavery.”

In its annual report, the State Department places countries in one of three tiers based on the extent of their governments efforts to comply with the “minimum standards for the elimination of trafficking.” The best ranking is Tier One, which includes countries like the United States. The lowest ranking is Tier 3.

The 2011 report reflects upgrades for 23 countries in recognition of progress made and downgrades for 22 countries.

The new countries in Tier 3, the lowest rank, are Algeria, the Central African Republic, the Democratic Republic of the Congo, Equatorial Guinea, Guinea-Bissau, Lebanon, Libya, Madagascar, Micronesia, Turkmenistan, Venezuela and Yemen. They join the bottom tier that already included Burma, Cuba, North Korea, Iran, Mauritania, Sudan, Eritrea, Zimbabwe, Saudi Arabia, Kuwait and Papua New Guinea.

Separately, the report also cited six nations, including Chad, the Democratic Republic of the Congo, Myanmar, Somalia, Sudan and Yemen, for using child soldiers and not taking steps to end the practice. Another 41 countries were placed on a “watch list,” which could lead to sanctions unless their records improve.

The Dominican Republic, which was in the bottom tier on the last report, improved its standards and moved up to the second tier.

The report recommendations for the U.S. included improving its data collection and its funding for victim services.

*This story is based in part on wire service reports.

giovedì 23 giugno 2011

Map of "In Use" Detention Sites in Egypt

map-of-detention-sites.html

Egypt Detention Profile

Map of "In Use" Detention Sites

For more detailed information, see the complete List of Detention Sites.

Disclaimer | Sources | Categories

Sources
(This is only a partial list. More detailed information is available upon request.)

Amir Jabir. 2010. "In order not to forget the Sudanese Refugees in Egypt, lies and tricks, where are the UNHCR?"Sudanese Online. http://www.sudaneseonline.com/cgi-bin/sdb/2bb.cgi?seq=print&board=290&msg=1271012236&rn= (accessed 14 July 2010).
Amnesty International (AI). 2009. Eritrea: Sent Home to Detention and Torture. Amnesty International. AFR 64/002/2009. May 2009.http://api.ning.com/files/PswCn84NetJNEVC73PY7uPeC2oBjqNJWF8r2FJHfsxy93pjaRTu5GSvP9DNKZDQvNrzdbTpz2w2BhfGEeHmkFgJ0QmPUnQIe/EritreaDevolucinDetencinyTortura.pdf (accessed on 27 July 2010).
Bustamante, J. 2010. Report submitted by the Special Rapporteur on the human rights of migrants, Jorge A. Bustamante. Addendum Communications sent to Governments and replies received. Human Rights Council. 22 May 2010.
Equal Rights Trust (ERT). 2010. Unravelling Anomaly, Detention, Discrimination and the Protection Needs of Stateless Persons. London. July 2010.http://www.equalrightstrust.org/ertdocumentbank/UNRAVELLING%20ANOMALY%20small%20file.pdf (accessed 2 August 2010).
Grindell, Richard. 2003. A Study Refugees' Experiences of Detention in Egypt. American University. The Centre for Migration and Refugee Studies. http://idcoalition.org/egypt-report-detention-conditions/ (accessed 24 June 2010).
Human Rights Watch. 2009. Service for Life: State Repression and Indefinite Conscription in Eritrea. HRW. 16 April 2006.http://www.hrw.org/en/reports/2009/04/15/service-life-0.
Human Rights Watch (HRW). 2008. Sinai Perils, Risks to Migrants, Refugees, and Asylum Seekers in Egypt and Israel. 12 November 2008. http://www.hrw.org/en/reports/2008/11/12/sinai-perils (accessed 10 July 2010).
Malek, Dalia. 2008. Exposing the Protection Gap: Detention as Perpetuating Refoulement in Egypt. American University. The Centre for Migration and Refugee Studies.http://www.aucegypt.edu/ResearchatAUC/rc/cmrs/Documents/Exposing%20the%20protection%20gap.pdf (accessed 24 June 2010).
Nowak, Manfred. 2010. Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Manfred Nowak. United Nations Human Rights Council. A/HRC/13/39/Add.1. 25 February 2010.
Undisclosed source. 2010. Email communication between representative of NGO and Cecilia Cannon (Global Detention Project). 31 March 2010. (Source asked to remain anonymous).
Undisclosed source. 2011a. Information provided to Global Detention Project from a representative of a non governmental organization. 6 March 2011. (Source asked to remain anonymous).
Undisclosed source. 2011b. Email communication between representative of a non governmental organization and Cecilia Cannon (Global Detention Project). 10 March 2011. (Source asked to remain anonymous).
Undisclosed source. 2011c. Information provided to Global Detention Project from a representative of a non governmental organization. 21 March 2011. (Source asked to remain anonymous).
Undisclosed source. 2011d. Information provided to Global Detention Project from a representative of a non governmental organization. 12 April 2011. (Source asked to remain anonymous).

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