RECOMMENDATIONS FOR BOTSWANA:
Increase efforts to investigate and criminally prosecute suspected traffickers using the new law for both internal
and transnational trafficking cases, including those involving any allegedly complicit officials; develop and
implement a robust system to proactively identify trafficking victims and refer them to social services; train law
enforcement, immigration, and social welfare officials on these identification procedures to screen vulnerable
populations, including women in prostitution and undocumented migrants, for potential trafficking victimization;
encourage victims to participate in the investigation and prosecution of traffickers; develop guidelines for
specific protective services for trafficking victims, to be provided either directly or in partnership with NGOs;
launch a national human trafficking awareness campaign; institute a unified system for documenting and collecting
data on anti-trafficking law enforcement and protection efforts; and provide anti-trafficking training or guidance
to diplomatic personnel to prevent their engagement or facilitation of trafficking crimes.
PROSECUTION
The government increased its capacity to make anti-trafficking law enforcement efforts. It enacted the 2014
Anti-Human Trafficking Act, which prohibits all forms of trafficking, although the law’s definition of
“trafficking” is overly broad and encompasses crimes such as rape, pornography, and child labor. The penalties
prescribed for sex and labor trafficking under the new law include up to 30 years’ imprisonment and a fine of 1
million pula ($111,000), which are sufficiently stringent and commensurate with those prescribed for other serious
crimes, such as rape, except in cases that include only a fine. Sections 57 and 114 of the 2009 Children’s Act
prohibit child prostitution and child trafficking, respectively; Section 57 prescribes penalties of two to five
years’ imprisonment for facilitation or coercion of children into prostitution, while Section
114 prescribes penalties of five to 15 years’ imprisonment for child trafficking. The children’s act fails to
define child trafficking, potentially limiting its utility. The 1998 penal code prohibits most forms of trafficking
in Sections 150-158 (forced prostitution), Section 256 (kidnapping for slavery), and Sections 260-262 (slavery and
forced labor).The sufficiently stringent penalties prescribed for offenses under these sections range from seven to
10 years’ imprisonment, and are commensurate with those prescribed for other serious crimes, such as rape.
The government continued to report on law enforcement efforts to address potential trafficking crimes during the
year, including its investigation of some trafficking-related offenses under existing provisions in the 1998 penal
code. However, it maintained its focus on transnational movement, often conflating illegal migration and human
trafficking crimes. The government did not make use of the anti-trafficking law, which came into effect on January
1, or the existing penal code to prosecute trafficking offenses during the reporting year. The government did not
initiate any investigations or prosecutions of trafficking cases involving Batswana victims subjected to
trafficking internally, including children exploited in prostitution and domestic servitude. The government did not
report any investigations, prosecutions, or convictions of government officials complicit in human trafficking or
trafficking- related offenses. In 2014, the government facilitated four workshops for law enforcement, through
which roughly 300 police were trained on both labor and sex trafficking. Judicial authorities lectured at the
Botswana Police College to sensitize incoming recruits on trafficking issues.While the government developed a
national action plan to train officials on the new anti-trafficking law, it failed to implement this plan in 2014,
perpetuating a general lack of understanding of trafficking among officials.
PROTECTION
The government sustained limited efforts to protect trafficking victims. The government identified 26 Zimbabwean
children as potential trafficking victims after they were initially detained for immigration violations. Law
enforcement officials, in partnership with an international organization, coordinated with the Department of Social
Services to refer the 26 children to a NGO-run shelter until their repatriation to Zimbabwe. The 2014
anti-trafficking act outlined victim referral measures, but the government has not yet operationalized such
procedures or those for victim identification. The 2014 anti-trafficking law mandates the government budget an
unspecified amount of funding for victim shelter and transportation assistance; however, it was unclear if it
allocated funding for these purposes during the reporting year. The new law permits the government to grant foreign
national victims extended stay in Botswana for an undetermined period; however, the government did not utilize this
provision during the reporting period. The anti- trafficking law does not include provisions to protect trafficking
victims from punishment for unlawful acts committed as a direct result of their being subjected to trafficking; the
lack of formal identification procedures for trafficking victims likely resulted in victims remaining unidentified
in the law enforcement system.The government remained without measures designed to encourage victims to assist in
the investigation and prosecution of traffickers.
PREVENTION
The government made some efforts to prevent trafficking during the year. The government sponsored a radio campaign
to familiarize the general public with the issue of trafficking, coupled with
information on cross-border movement and illegal migration. The government did not make efforts to reduce the
demand for commercial sex acts or forced labor during the reporting year. It did not provide anti-trafficking
training or guidance for its diplomatic personnel in 2014.
BRAZIL: Tier 2
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