2007 Trafficking in Persons Report - Center for Women Policy Studies

persons of Haitian descent were often neglected. The
government does not provide legal alternatives to the
removal of foreign victims to countries where they
face hardship or retribution. The government should
assure protection to Haitians and undocumented
persons of Haitian descent born in the Dominican
Republic, many of whom fall victim to human
trafficking.
Prevention
The government carried out limited prevention
efforts by conducting anti-trafficking seminars at
schools across the country, reaching more than
5,000 students. The government relies on NGOs
and international organizations for all other
prevention activities.
EAST TIMOR (Tier 2)
East Timor is a destination country for women
from Thailand, Indonesia, the Philippines, and
the People’s Republic of China (P.R.C.) trafficked
for the purpose of commercial sexual exploitation.
Internal trafficking of Timorese women and girls
from rural areas to Dili for sexual exploitation is
a problem and there are concerns that it could
increase due to long-term internal displacement
and increased presence of international peacekeepers.
An attempt to traffic Timorese women to Syria
was thwarted, but points to the possibility of East
Timor becoming a source country. There are unverified
reports of men trafficked for forced labor in
East Timor.
The Government of East Timor does not fully
comply with the minimum standards for the
elimination of trafficking; however, it is making
significant efforts to do so. The government has not
enacted a draft penal code that defines and punishes
the crime of trafficking because of concerns
regarding other unrelated provisions and delays
related to the political crisis in the country. The
political crisis disrupted the work of the country’s
Trafficking Working Group; it has not met in over
a year. As the East Timor legal system develops in
the coming years and takes over functions handled
by international officials, the government should
focus on law enforcement efforts against trafficking,
including specialized training of officials in
investigating, prosecuting, and obtaining convictions
of traffickers. The government should devote
considerably more resources to prevention, rescue,
treatment and rehabilitation of trafficking victims,
as government finance and project management
capabilities develop in the coming years and as reliance
on international organizations diminishes.
Prosecution
The Government of East Timor showed minimal
anti-trafficking law enforcement efforts over the past
year. Currently East Timor’s law enforcement system
depends on international police, prosecutors, and
judges, with expectations that Timorese officials will
gradually accept more responsibility. East Timor
prohibits all forms of sex and labor trafficking
through its 2003 Immigration and Asylum Act and
prescribes penalties for trafficking for commercial
sexual exploitation that, while not commensurate
with those for rape, are sufficiently stringent. The
government has not prosecuted any cases against
traffickers. In March 2006 national police conducted
a raid against an establishment in Dili in which a
Philippine victim was forced into sexual exploitation.
Eight additional victims from the P.R.C. and
Indonesia were rescued, and suspected traffickers
were arrested. The Office of the Prosecutor General
dismissed the case without any indictments and
no further action was taken. There were allegations
that the establishment owner had powerful business
connections. A new penal code based on the
Portuguese penal code was approved by the Council
of Ministers in late 2005. However, due to controversy
regarding other, unrelated provisions, the code
was not promulgated and remains in limbo. Pending
the promulgation of a penal code, East Timor’s
judicial system continues to rely on the Indonesian
penal code. In January 2007, UN police arrested
two men suspected of attempting to traffic East
Timorese women to Syria. There is limited evidence
of a tolerance for trafficking by border officials and
police who may take bribes to allow victims into the
country or turn a blind eye to brothel operations.
Protection
The East Timorese Government began providing
limited but still insufficient victim protection
during the reporting period, relying largely on
international organizations and NGOs to provide
this care for victims. Authorities encouraged victims
to participate in the investigation of traffickers and
to file civil suits against traffickers; however, the
country’s dysfunctional court system prevented
most legal action. Foreign victims can request
refugee status; victims were repatriated through a
process known as “voluntary abandonment.” Under
this arrangement, individuals present in East Timor
illegally, but thought to be trafficking victims,
are given 10 days to depart the country and are
provided assistance with travel documents. There is
no threat of prosecution involved in the voluntary
E A S T T I M O R
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