TIER PLACEMENT
The Department places each country in this Report onto one of four tiers, as mandated by the TVPA. This placement is based more on the extent of government action to combat trafficking than on the size of the country’s problem. The analyses are based on the extent of governments’ efforts to reach compliance with the TVPA’s minimum standards for the elimination of human trafficking (see page 49), which are generally consistent with the Palermo Protocol.
While Tier 1 is the highest ranking, it does not mean that a country has
no human trafficking problem or that it is doing enough to address the problem. Rather, a Tier 1 ranking indicates that a government has acknowledged the existence of human trafficking, has made efforts to address the problem, and meets the TVPA’s minimum standards. Each year, governments need to demonstrate appreciable progress in combating trafficking to maintain a Tier 1 ranking. Indeed, Tier 1 represents a responsibility rather than a reprieve. A country is never finished with the job of fighting trafficking.
Tier rankings and narratives in the 2015 Trafficking in Persons Report reflect an assessment of the following:
» enactment of laws prohibiting severe forms of trafficking in persons, as defined by the TVPA, and provision of criminal punishments for trafficking offenses;
» criminal penalties prescribed for human trafficking offenses with a maximum of at least four years’ deprivation of liberty, or a more severe penalty;
»  implementation of human trafficking laws through vigorous prosecution of the prevalent forms of trafficking in the country and sentencing of offenders;
»  proactive victim identification measures with systematic procedures to guide law enforcement and other government-supported front-line responders in the process of victim identification;

METHODOLOGY 45

» government funding and partnerships with NGOs to provide victims with access to primary health care, counseling, and shelter, allowing them to recount their trafficking experiences to trained social counselors and law enforcement in an environment of minimal pressure;
» victim protection efforts that include access to services and  shelter without detention and with legal alternatives to removal to countries in which victims would face retribution or hardship;
»  the extent to which a government ensures victims are provided with legal and other assistance and that, consistent with domestic law, proceedings are not prejudicial to victims’ rights, dignity, or psychological well-being;
» the extent to which a government ensures the safe, humane, and— to the extent possible—voluntary repatriation and reintegration
of victims; and
» governmental measures to prevent human trafficking, including efforts to curb practices identified as contributing factors to human trafficking, such as employers’ confiscation of foreign workers’ passports and allowing labor recruiters to charge prospective migrants excessive fees.

46 2015 TRAFFICKING IN PERSONS REPORT

Tier rankings and narratives are NOT affected by the following:
»  efforts, however laudable, undertaken exclusively by non-governmental actors in the country;
» general public awareness events—government-sponsored or otherwise—lacking concrete ties to the prosecution of traffickers, protection of victims, or prevention of trafficking; and
»  broad-based law enforcement or developmental initiatives.

A GUIDE TO THE TIERS

TIER 1
The governments of countries that fully comply with the TVPA’s minimum standards for the elimination of trafficking.

TIER 2
The governments of countries that do not fully comply with the TVPA’s minimum standards but are making significant efforts to bring themselves into compliance with those standards.

TIER 2 WATCH LIST
The government of countries that do not fully comply with the TVPA’s minimum standards, but are making significant efforts to bring themselves into compliance with those standards, and for which:
a) the absolute number of victims of severe forms of trafficking is very significant or is significantly increasing;
b) there is a failure to provide evidence of increasing efforts to combat severe forms of trafficking in persons from the previous year, including increased investigations, prosecution, and convictions of trafficking crimes, increased assistance to victims, and decreasing evidence of complicity in severe forms of trafficking by government officials; or
c) the determination that a country is making significant efforts to bring itself into compliance with minimum standards was based on commitments by the country to take additional steps over the next year.

TIER 3
The governments of countries that do not fully comply with the TVPA’s minimum standards and are not making significant efforts to do so.
The TVPA lists additional factors to determine whether a country should be on Tier 2 (or Tier 2 Watch List) versus Tier 3. First, the extent to which the country is a country of origin, transit, or destination for severe forms of trafficking. Second, the extent to which the country’s government does not comply with the TVPA’s minimum standards and, in particular, the extent to which officials or government employees have been complicit in severe forms of trafficking. And third, reasonable measures that the government would need to undertake to be in compliance with the minimum standards in light of the government’s resources and capabilities to address and eliminate severe forms of trafficking in persons.
A 2008 amendment to the TVPA provides that any country that has been ranked Tier 2 Watch List for two consecutive years and that would otherwise be ranked Tier 2 Watch List for the next year will instead be ranked Tier 3 in that third year. The Secretary of State is authorized to waive the automatic downgrade based on credible evidence that a waiver is justified because the government has a written plan that, if implemented, would constitute making significant efforts to comply with the TVPA’s minimum standards for the elimination of trafficking and is devoting sufficient resources to implement the plan. The Secretary can only issue this waiver for two

METHODOLOGY 47

consecutive years. After the third year, a country must either go up to Tier 2 or down to Tier 3. Governments subject to the automatic downgrade provision are noted as such in the country narratives.

FUNDING RESTRICTIONS FOR  TIER 3  COUNTRIES
Pursuant to the TVPA, governments of countries on Tier 3 may be subject to certain restrictions on bilateral assistance, whereby the U.S. government may withhold or withdraw non-humanitarian, non-trade-related foreign assistance. In addition, certain countries on Tier 3 may not receive funding for government employees’ participation in educational and cultural exchange programs. Consistent with the TVPA, governments subject to restrictions would also face U.S. opposition to the provision of assistance (except for humanitarian, trade-related, and certain development-related assistance) by international financial institutions, such as the International Monetary Fund and the World Bank.
Funding restrictions will take effect upon the beginning of the U.S. government’s next Fiscal Year—October 1, 2015—however, all or part of the TVPA’s restrictions can be waived if the President determines that the provision of such assistance to the government would promote the purposes of the TVPA or is otherwise in the United States’ national interest. The TVPA also authorizes the President to waive funding restrictions if necessary to avoid significant adverse effects on vulnerable populations, including women and children.
No tier ranking is permanent. Every country, including the United States, can do more. All countries must maintain and continually increase efforts to combat trafficking.