Human trafficking in Fiji

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In 2009, Fiji was a source country for children subjected to trafficking in persons, specifically forced prostitution within the country, as well as a destination country for women from China in forced prostitution. Family members, other Fijian citizens, foreign tourists, and sailors on foreign fishing vessels participated in the commercial sexual exploitation of Fijian children. Staff at smaller, local hotels procured underaged girls and boys for commercial sexual exploitation by foreign guests, while taxi drivers, nightclub employees, and relatives frequently acted as prostitution facilitators. NGO's report caring for child victims of prostitution who claim facilitators took them to private boats anchored offshore near Fiji where they were sexually abused or raped by foreign adult men. Reports indicated that some transnational traffickers were members of Chinese organized crime groups that recruited women from China and arrange for them to enter Fiji on tourist or student visas. After their arrival, brothel owners confiscated their passports and forced the women to engage in prostitution. Some Fijian children whose families follow a traditional practice of sending children to live with and do light work for relatives or families living in cities or near schools became trafficking victims. These children were subjected to involuntary domestic servitude or were coerced to engage in sexual activity in exchange for food, clothing, shelter, or school fees. [1]

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In 2009 the Government of Fiji did not fully comply with the minimum standards for the elimination of trafficking; however, it is making significant efforts to do so. During 2009, the Fijian government enacted a comprehensive anti-trafficking law, the Crimes Decree, which defined trafficking as a crime of compelled service which does not necessarily involve crossing a border or otherwise moving a victim, and includes several innovative provisions to protect both adult and child trafficking victims. The government conducted anti-trafficking conferences and training for law enforcement personnel, where high-level officials spoke out strongly against trafficking and committed themselves to fighting this crime in Fiji. It also actively engaged with the media to raise public awareness, and is in the process of developing procedural guidelines for suspected trafficking cases. Fiji had one successful prosecution for human trafficking in November 2010.

The country ratified the 2000 UN TIP Protocol in September 2017. [2]

The U.S. State Department's Office to Monitor and Combat Trafficking in Persons placed the country in "Tier 2" in 2017 [3] and 2023. [4]

In 2023, the Organised Crime Index gave Fiji a score of 5 out of 10 for human trafficking, noting that most of this was organised by groups from outside the country. [5]

Prosecution (2009)

The Government of Fiji increased its anti-trafficking law enforcement efforts during the year. The government was limited in its ability to focus on combating trafficking in persons by an ongoing political and economic crisis. While no trafficking offenders were investigated, arrested, prosecuted, or convicted during the reporting period, the government took some steps to strengthen its capacity for future law enforcement action. On February 1, 2010, the government enacted a new Crimes Decree, which repealed the archaic Penal Code. Comprehensive anti-trafficking provisions in the Crimes Decree fill anti-trafficking gaps in the Immigration Act of 2003 which prohibited transnational human trafficking, but did not differentiate between labor and sex trafficking. The prescribed penalties of up to 25 years’ imprisonment and in some cases fines of over $400,000 under the new Crimes Decree are sufficiently stringent and commensurate with penalties prescribed for other serious crimes, such as rape. A new Sentencing and Penalties Decree designed to bring about more uniform judgments in the courts may ensure that minimum sentences for convicted trafficking offenders are also sufficiently stringent. The Crimes Decree also prohibits actions not previously covered by earlier laws, and prohibits using threats or fraud, or administering drugs to procure prostitution, and holds householders or landlords liable for permitting the defilement of a child under 16 on their premises. Fiji has had one successful prosecution for human trafficking under the Crimes Decree. On November 10, 2010, Kadali Murti was convicted of 1 count of trafficking in persons and 7 counts of obtaining property by deception. He was sentenced on November 17, 2010, to 6 years imprisonment, with a non-parole period of 4 years.

Law enforcement officials began to receive training from the government on the new Crimes Decree, including the new trafficking offenses, in January 2010. A Combined Law Agencies Group (CLAG) continued to meet monthly to address law enforcement issues, including trafficking in persons. There is no evidence of government officials’ complicity in trafficking. [1]

Protection (2009)

The Government of Fiji began to improve its efforts to protect trafficking victims over the last year. Due to severe resource constraints, the government primarily relied on NGOs or international organizations to provide most protective services to victims. The government did not identify any trafficking victims during the year. Law enforcement, immigration, and social service agencies did not develop or use formal procedures to proactively identify victims of trafficking among vulnerable populations with which they had contact, such as women and girls in prostitution and illegal immigrants. The government did not operate any victim care facilities specifically for trafficking victims, but provided limited services to child sex trafficking victims at shelters for child victims of any crime or abuse. Courts granted custody of child victims to the Department of Social Welfare, which operates four homes, with separate facilities for boys and girls. At present, however, both child victims of sexual abuse and accused child offenders are placed in the home for boys. [1]

The government provided no shelter facilities for adult trafficking victims, and it did not refer possible adult trafficking victims to shelters and drop-in centers run by NGOs for assistance. One NGO provided assistance to seven victims of human trafficking. Authorities undertook no investigation into the circumstances of suspected victims of trafficking and deported five Chinese women arrested for engaging in prostitution in August 2009. Anti-trafficking laws include provisions to ensure that sex trafficking victims are not penalized for unlawful acts committed as a direct result of their being trafficked. The new Crimes Decree contains significant protection provisions for children, making it an offense to buy, hire, or otherwise obtain possession of any child under the age of 18 years with the intent that the minor shall at any age be employed or used for the purpose of exploitation, and authorizing the court to divest authority from a parent or guardian over a minor under 21 years if the court believes the parent or guardian is responsible for the seduction, prostitution or unlawful detention of that minor. [1]

Prevention (2009)

The Government of Fiji increased its efforts to raise awareness about trafficking during the year, although it had no national plan of action to address trafficking during the reporting period. The government acted to raise both public and official awareness of trafficking. It developed and provided internal training for police and court personnel on the new Crimes Decree's trafficking provisions. The government worked with the media to raise awareness of trafficking. High-level officials condemned trafficking and announced their commitment to fight this crime during press conferences. Relevant ministries and agencies provided information to media outlets and encouraged them to release news stories on trafficking. The CLAG, the National Coordinating Committee on Children (NCCC), and representatives from various ministries met regularly to discuss legislative and policy issues concerning children, including child sexual abuse which may be linked to trafficking. The new Crimes Decree nullified earlier law, which allowed for sex trafficking victims to be treated as criminals. The Crimes Decree criminalizes those purchasing sex from trafficking victims, whereas the older Penal Code had criminalized only prostituted persons and pimps. In addition, Fiji's new sexual abuse laws have extraterritorial coverage to allow the prosecution of suspected Fijian sex tourists for crimes committed abroad. Anti-trafficking laws apply to Fijians deployed abroad as part of peacekeeping missions, and the Fijian government provided anti-trafficking training for troops prior to their deployment on international peacekeeping missions. Fiji is not a party to the 2000 UN TIP Protocol. [1]

Related Research Articles

Child sex tourism (CST) is tourism for the purpose of engaging in the prostitution of children, which is commercially facilitated child sexual abuse. The definition of child in the United Nations Convention on the Rights of the Child is "every human being below the age of 18 years". Child sex tourism results in both mental and physical consequences for the exploited children, which may include sexually transmitted infections, "drug addiction, pregnancy, malnutrition, social ostracism, and death", according to the State Department of the United States. Child sex tourism, part of the multibillion-dollar global sex tourism industry, is a form of child prostitution within the wider issue of commercial sexual exploitation of children. Child sex tourism victimizes approximately 2 million children around the world. The children who perform as prostitutes in the child sex tourism trade often have been lured or abducted into sexual slavery.

Austria is a destination and transit country for women, men, and children subjected to trafficking in persons, specifically forced prostitution and forced labor.

Barbados is a source and destination country for men, women, and children subjected to trafficking in persons, specifically forced prostitution and forced labor. Some children in Barbados are subjected to commercial sexual exploitation in “transactional sex” wherein a third party such as a parent receives a benefit from the child's participation in sexual activity. Researchers identified patterns of transactional sex within families, most often by adult male caretakers such as step-fathers, as well as child prostitution outside the home. Women from the Dominican Republic, Guyana, and Jamaica voluntarily enter Barbados as illegal migrants, and some expect to engage in prostitution. Some of these women are exploited in forced prostitution subsequent to their arrival. Some other foreign women who entered the country illegally are exploited in involuntary domestic servitude in private homes. Foreign men have been transported to Barbados for the purpose of labor exploitation in construction and other sectors. Sex traffickers, primarily organized criminals from Guyana, form partnerships with pimps and brothel owners from Trinidad and Tobago and Barbados, and lure women to Barbados with offers of legitimate work. Trafficking victims tend to enter the country through legal means, usually by air; traffickers later use force and coercion to obtain and maintain the victims' work in strip clubs, massage parlors, some private residences, and “entertainment clubs” which operate as brothels. Traffickers use methods such as threats of physical harm or deportation, debt bondage, false contracts, psychological abuse, and confinement to force victims to work in construction, the garment industry, agriculture, or private households.

Botswana is a source and destination country for women and children subjected to trafficking in persons, specifically forced labor and commercial sexual exploitation. Parents in poor rural communities sometimes send their children to work for wealthier families as domestics in cities or as herders at remote cattle posts, where some of these children are vulnerable to forced labor. Batswana girls are exploited in prostitution within the country, including in bars and by truck drivers along major highways; it does not appear, however, that organized pimping of children occurs. In the past, women reported being forced into commercial sexual exploitation at some safari lodges, but there were no similar reports during this reporting period. Residents in Botswana most susceptible to trafficking are illegal immigrants from Zimbabwe, unemployed men and women, those living in rural poverty, agricultural workers, and children orphaned by HIV/AIDS. Some women from Zimbabwe who voluntarily, but illegally, migrate to Botswana to seek employment are subsequently subjected by their employers to involuntary domestic servitude. Botswana families which employ Zimbabwean women as domestic workers at times do so without proper work permits, do not pay adequate wages, and restrict or control the movement of their employees by holding their passports or threatening to have them deported back to Zimbabwe.

Tunisia is a source, destination, and possible transit country for men, women, and children subjected to trafficking in persons, specifically forced labor and forced prostitution. In 2009, one Tunisian female was rescued from forced prostitution in Lebanon. In 2008, two women were rescued from forced prostitution in Jordan and three men from forced labor in Italy. Based on limited available data, some Tunisian girls may be trafficked within the country for involuntary domestic servitude. In 2009 a Tunisian academic published a study on Tunisian domestic workers. The study, conducted in 2008, surveyed 130 domestic workers in the Greater Tunis region and found that 52 percent were under the age of 16; twenty-three percent claimed to be victims of physical violence, and 11 percent of sexual violence. Ninety-nine percent indicated they had no work contracts and the majority received salaries below the minimum wage. These conditions are indicators of possible forced labor.

Rwanda is a source and, to a lesser extent, destination country for women and children subjected to trafficking in persons, specifically conditions of forced labor and commercial sexual exploitation. Rwandan girls are exploited in involuntary domestic servitude within the country; some of these children experience physical or sexual abuse within their employer's household. Older females offer vulnerable younger girls room and board, eventually pushing them into prostitution to pay for their keep. In limited cases, this trafficking is facilitated by women who supply females to clients or by loosely organized prostitution networks, some operating in secondary schools and universities. Rwandan children are also trafficked to Uganda, Tanzania, and other countries in the region for forced agricultural labor, commercial sexual exploitation, and domestic servitude, sometimes after being recruited by peers. In Rwanda there have been reports of isolated cases involving child trafficking victims from neighboring countries. Unlike in past years, there was no indication in 2009 that the National Congress for the Defence of the People (CNDP) duped or recruited Congolese men and boys from Rwanda-based refugee camps, as well as Rwandans from nearby towns, into forced labor and soldiering in the Democratic Republic of the Congo.

Pakistan is a source, transit, and destination country for men, women, and children subjected to trafficking in persons, specifically forced labour and prostitution. The largest human trafficking problem is bonded labour, concentrated in the Sindh and Punjab provinces in agriculture and brick making, and to a lesser extent in mining and carpet-making. Estimates of bonded labour victims, including men, women, and children, vary widely, but are likely well over one million. In extreme scenarios, when labourers speak publicly against abuse, landowners have kidnapped labourers and their family members. U.S. State Department's Office to Monitor and Combat Trafficking in Persons placed the country in "Tier 2 Watchlist" in 2017.

Panama is a source, transit, and destination country for women and children subjected to trafficking in persons, specifically forced prostitution. Although some Panamanian women and girls are found in forced prostitution in other countries in Latin America and in Europe, most Panamanian trafficking victims are exploited within the country. Although statistics were lacking, both NGOs and government officials anecdotally reported that commercial sexual exploitation of children was greater in rural areas and in the city of Colon than in Panama City. NGOs also report that some Panamanian children, mostly young girls, are subjected to involuntary domestic servitude. Weak controls along Panama's borders make the nation an easy transit point for irregular migrants, from Latin America, East Africa, and Asia, some of whom may fall victim to human trafficking.

<span class="mw-page-title-main">Human trafficking in Papua New Guinea</span>

In 2009, Papua New Guinea was a source, destination, and transit country for men, women, and children subjected to trafficking in persons, specifically forced prostitution and forced labor. Women and children were subjected to commercial sexual exploitation and involuntary domestic servitude; trafficked men were forced to provide labor in logging and mining camps. Children, especially young girls from tribal areas, were most vulnerable to being pushed into commercial sexual exploitation or forced labor by members of their immediate family or tribe. Families traditionally sold girls into forced marriages to settle their debts, leaving them vulnerable to involuntary domestic servitude, and tribal leaders trade the exploitative labor and service of girls and women for guns and political advantage. Young girls sold into marriage were often forced into domestic servitude for the husband's extended family. In more urban areas, some children from poorer families were prostituted by their parents or sold to brothels. Migrant women and teenage girls from Malaysia, Thailand, China, and the Philippines were subjected to forced prostitution, and men from China were transported to the country for forced labor.

In 2009, Paraguay was a source and transit country for women and children subjected to trafficking in persons, specifically sex trafficking, as well as a source and transit country for men, women, and children in forced labor. Most Paraguayan trafficking victims were found in Argentina, Spain, and Bolivia; fewer victims were exploited in Brazil, Chile, France, South Korea, and Japan. In one case, 44 suspected Paraguayan trafficking victims were detained at the international airport in Amsterdam, and Dutch authorities arrested the alleged trafficking offender. In another case, 13 Paraguayan women were found in conditions of forced prostitution in a brothel in La Paz, Bolivia. Paraguay was a destination country for 30 Indonesian orphans, who were allegedly brought into the country for a long-term soccer camp, but who the government suspects are trafficking victims.

Peru is a source, transit, and destination country for men, women, and children subjected to trafficking in persons, specifically forced labor and forced prostitution. Several thousand persons are estimated to be subjected to conditions of forced labor within Peru, mainly in mining, logging, agriculture, brick making, and domestic servitude. Many trafficking victims are women and girls from impoverished rural regions of the Amazon, recruited and coerced into prostitution in urban nightclubs, bars, and brothels, often through false employment offers or promises of education. Indigenous persons are particularly vulnerable to debt bondage. Forced child labor remains a problem, particularly in informal gold mines, cocaine production, and transportation. There were reports the terrorist group Sendero Luminoso, or Shining Path, recruited children as soldiers and drug mules. To a lesser extent, Peruvians are subjected to forced prostitution in Ecuador, Spain, Italy, Japan, and the United States, and forced labor in Argentina, Chile, and Brazil. Peru also is a destination country for some Ecuadorian and Bolivian females in forced prostitution, and some Bolivian citizens in conditions of forced labor. Child sex tourism is present in Iquitos, Madre de Dios, and Cuzco. Traffickers reportedly operate with impunity in certain regions where there is little or no government presence. In 2006, International Labour Organisation estimated that there were 33,000 people in conditions of forced labor in the Peruvian Amazon, primarily in the regions of Ucayali, Madre de Dios, Loreto, Pucallpa, Atalaya and Puerto Maldonado.

In 2009 Namibia was a country of origin, transit, and destination for foreign and Namibian women and children, and possibly for men subjected to trafficking in persons, specifically conditions of forced labor and forced prostitution. Traffickers exploited Namibian children, as well as children from Angola and Zambia, through forced labor in agriculture, cattle herding, involuntary domestic servitude, charcoal production, and commercial sexual exploitation. In some cases, Namibian parents unwittingly sold their children to traffickers. Reports indicate that vulnerable Namibian children were recruited for forced prostitution in Angola and South Africa, typically by truck drivers. There was also some evidence that traffickers move Namibian women to South Africa and South African women to Namibia to be exploited in forced prostitution. Namibian women and children, including orphans, from rural areas were the most vulnerable to trafficking. Victims were lured by traffickers to urban centers and commercial farms with promises of legitimate work for good wages they may never receive. Some adults subjected children to whom they are distantly related to forced labor or commercial sexual exploitation. Small business owners and farmers may also participated in trafficking crimes against women or children. Victims were forced to work long hours to carry out hazardous tasks, and may have been beaten or raped by traffickers or third parties.

Nicaragua is principally a source and transit country for women and children subjected to trafficking in persons, specifically forced prostitution and forced labor. Nicaraguan women and children are trafficked for commercial sexual exploitation within the country as well as in neighboring countries, most often to El Salvador, Costa Rica, Guatemala, Honduras, Mexico, and the United States. Trafficking victims are recruited in rural areas for work in urban centers, particularly Managua, and subsequently coerced into prostitution. Adults and children are subjected to conditions of forced labor in agriculture, the fishing industry, and for involuntary domestic servitude within the country and in Costa Rica. There are reports of some Nicaraguans forced to engage in drug trafficking. To a lesser extent, Nicaragua is a destination country for women and children recruited from neighboring countries for forced prostitution. Managua, Granada, Estelí, and San Juan del Sur are destinations for foreign child sex tourists from the United States, Canada, and Western Europe, and some travel agencies are reportedly complicit in promoting child sex tourism. Nicaragua is a transit country for migrants from Africa and East Asia en route to the United States; some may fall victim to human trafficking.

<span class="mw-page-title-main">Human trafficking in Ghana</span>

In 2009, Ghana was a country of origin, transit, and destination for women and children subjected to trafficking in persons, specifically forced labor and forced prostitution. The nonconsensual exploitation of Ghanaian citizens, particularly children, was more common than the trafficking of foreign migrants. The movement of internally trafficked children was either from rural to urban areas, or from one rural area to another, as from farming to fishing communities.

Guinea is a source, transit, and to a lesser extent, a destination country for men, women, and children subjected to trafficking in persons, specifically in the areas of forced labor and forced prostitution. The majority of victims are children, and these incidents of trafficking are more prevalent among Guinean citizens than among foreign migrants living in Guinea. Within the country, girls are largely subjected to involuntary domestic servitude and commercial sexual exploitation, while boys are subjected to forced begging and forced labor as street vendors, shoe shiners, and laborers in gold and diamond mines. Some Guinean men are also subjected to forced agricultural labor within Guinea. Smaller numbers of girls from Mali, Sierra Leone, Nigeria, Ghana, Liberia, Senegal, Burkina Faso, and Guinea-Bissau migrate to Guinea, where they are subjected to involuntary domestic servitude and likely also commercial sexual exploitation. Some Guinean boys and girls are subjected to forced labor in gold mining operations in Senegal, Mali, and possibly other African countries. Guinean women and girls are subjected to involuntary domestic servitude and forced prostitution in Nigeria, Côte d'Ivoire, Benin, Senegal, Greece, and Spain. Chinese women are trafficked to Guinea for commercial sexual exploitation by Chinese traffickers. Networks also traffic women from Nigeria, India, and Greece through Guinea to the Maghreb and onward to Europe, notably Italy, Ukraine, Switzerland, and France for forced prostitution and involuntary domestic servitude.

Malawi is primarily a source country for men, women, and children subjected to trafficking in persons, specifically conditions of forced labor and forced prostitution within the country and abroad. Most Malawian trafficking victims are exploited internally, though Malawian victims of sex and labor trafficking have also been identified in South Africa, Zambia, Mozambique, Tanzania, and parts of Europe. To a lesser extent, Malawi is a transit point for foreign victims and a destination country for men, women, and children from Zambia, Mozambique, Tanzania, and Zimbabwe subjected to conditions of forced labor or commercial sexual exploitation. Within the country, some children are forced into domestic servitude, cattle herding, agricultural labor, and menial work in various small businesses. Exploited girls and women become "bar girls" at local bars and rest houses where they are coerced to have sex with customers in exchange for room and board. Forced labor in agriculture is often found on tobacco plantations. Labor traffickers are often villagers who have moved to urban areas and subsequently recruit children from their original villages through offers of good jobs. Brothel owners or other prostitution facilitators lure girls with promises of nice clothing and lodging. Upon arrival, they charge the girl high rental fees for these items and instruct her how to engage in prostitution to pay off the debt. South African and Tanzanian long-distance truck drivers and mini-bus operators move victims across porous borders by avoiding immigration checkpoints. Some local businesswomen who also travel regularly to neighboring countries to buy clothing for import have been identified as traffickers. Reports of European tourists paying for sex with teenage boys and girls continue.

In 2009 Mauritius was not a major source for children subjected to trafficking in persons, specifically conditions of forced prostitution within the country. Secondary school-age girls and, to a lesser extent, younger girls from all areas of the country, including from Rodrigues Island, were induced into prostitution, often by their peers, family members, or businessmen offering other forms of employment. Taxi drivers were known to provide transportation and introductions for both the girls and the clients. Girls and boys whose mothers engaged in prostitution were reportedly forced into prostitution at a young age. Some drug-addicted women were forced into prostitution by their boyfriends, who serve as their pimps. In Great Britain, two Malagasy nationals were convicted in 2009 of holding a small number of Mauritian nationals, as well as citizens of other countries, in conditions of forced labor; this appeared to be an isolated case of transnational human trafficking involving Mauritian citizens. Students from all over the world were forced into prostitution within the country.

Human trafficking in Brazil is an ongoing problem. Brazil is a source country for men, women, girls, and boys subjected to human trafficking, specifically forced prostitution within the country and abroad, as well as a source country for men and boys in forced labor within the country. The United States Department of Homeland Security, describes human trafficking as "the use of force, fraud, or coercion to obtain some type of labor or commercial sex act."

In 2009 El Salvador was a source, transit, and destination country for women and children who were subjected to trafficking in persons, specifically forced prostitution and forced labor. Most victims were Salvadoran women and girls from rural areas who were forced into commercial sexual exploitation in urban areas, though some adults and children were subjected to forced labor as agricultural workers and domestic workers. The majority of foreign victims were women and children from neighboring countries, such as Honduras, Nicaragua, and the Dominican Republic, who migrated to El Salvador in response to job offers, but were subsequently forced into prostitution or domestic servitude. Trafficking offenders used fraudulent documentation to facilitate the movement of foreign victims. Salvadorans have been subjected to forced prostitution in Guatemala, Mexico, Belize, the United States, Spain, and Italy.

Prostitution in Fiji is legal, but most activities connected with it are illegal: brothel keeping, pimping and buying or selling sex in public. Street workers make up the bulk of Fiji's prostitutes. Many of the prostitutes are Asian, especially Chinese that provide sexual services for the growing number of tourists arriving in the country and also locals. Some come into the country on student visas. In 2014, it was estimated that there were 857 sex workers in Fiji. Even though buying and selling sex in public is illegal in Fiji, police have no legal authority to arrest prostitutes without an official report being lodged for the police to take action.

References

  1. 1 2 3 4 5 "Trafficking in Persons Report 2010 Country Narratives - Countries A Through F". US Department of State. 2010-06-17. Archived from the original on 2010-06-17. Retrieved 2023-02-14.PD-icon.svg This article incorporates text from this source, which is in the public domain .
  2. United Nations Treaty Collection website, Chapter XVIII Penal Matters section, Section 12a, retrieved August 19, 2024
  3. "Trafficking in Persons Report 2017: Tier Placements". www.state.gov. Archived from the original on 2017-06-28. Retrieved 2017-12-01.
  4. US Government website, Trafficking in Persons Report 2023
  5. Organised Crime Index website, Fiji: 2023