victims and provided them protection services, including shelter, dedicated specifically for such victims.
RECOMMENDATIONS FOR TUNISIA:
Urgently enact anti-trafficking legislation that prohibits and adequately punishes all forms of human trafficking
consistent with the 2000 UN TIP Protocol; in the absence of a new law, use existing criminal statutes to prosecute
trafficking offenses, and convict and punish offenders with imprisonment; implement and utilize formal procedures
to proactively identify trafficking victims among vulnerable groups, such as street children, undocumented
migrants, girls and women in domestic service, and persons in prostitution; provide adequate protection services,
including shelter, for all trafficking victims as distinct from other vulnerable groups, and expand efforts to
ensure shelter staff are appropriately trained to provide trafficking victims with specialized care; fully
implement the national victim referral mechanism to ensure all trafficking victims can access protection services;
ensure victims are not punished for unlawful acts committed as a direct result of being subjected to trafficking,
such as prostitution or immigration violations; continue to conduct anti-trafficking trainings for all officials;
and continue to implement anti-trafficking awareness campaigns.
PROSECUTION
The government demonstrated minimal anti-trafficking law enforcement efforts. The absence of an anti-trafficking
law hindered law enforcement efforts, including data collection and case management, and contributed to the
government’s inability to differentiate between human trafficking and human smuggling crimes. In various disparate
statutes,Tunisia’s penal code prohibits some forms of human trafficking but prescribes penalties that are not
sufficiently stringent or commensurate with penalties prescribed for other serious crimes, such as rape.The penal
code prescribes only one to two years’ imprisonment for forced child begging and 10 years’ imprisonment for
capturing, detaining, or sequestering a person for forced labor.The penal code prescribes five years’ imprisonment
for forced prostitution of women and children, whereas the penalties prescribed for rape range from five years’
imprisonment to the death penalty. The government did not report data on prosecutions and convictions of human
trafficking offenders, though it reported data on trafficking-related crimes, such as begging, prostitution, and
labor violations.Tunisian authorities reportedly investigated 25 potential trafficking cases involving 59 victims
in 2014. In May 2014, in partnership with an international organization, the government organized an
anti-trafficking conference for Tunisian officials and experts from governments in the region and international
organizations. The government did not report any investigations, prosecutions, or convictions of government
officials complicit in human trafficking offenses.
PROTECTION
The government demonstrated some progress in its victim identification and protection efforts. Judicial police
reportedly identified 59 trafficking victims, and the Ministry of Social Affairs (MSA) provided protection services
to 24 victims in 2014—an improvement from 2013 when the government did not identify or protect any trafficking
victims. In February 2015, three MSA- operated social centers for vulnerable populations inTunis, Sousse, and Sfax
began providing facilities specifically dedicated to trafficking victims with trained personnel. These centers were
available to all trafficking victims regardless of nationality and gender. The center in Tunis held a dedicated
office for male and female trafficking victims with a trained social worker and offered medical and psychological
exams; it provided services to 24 trafficking victims from April 2014 to February 2015. Additionally, under the
auspices of the MSA and the Ministry of Women’s Affairs, the government continued to operate several centers
providing services to vulnerable groups, including both foreign and domestic trafficking victims. These centers
provided various services, such as shelter, clothing, psychological services, drug rehabilitation, pro bono legal
aid, and free medical care through to the Ministry of Health.The government continued to provide shelter,
counseling, medical aid, and financial assistance to repatriated Tunisians; however, it is unclear how many
Tunisian victims benefited from these services in 2014.
The government did not fully implement its national victim referral mechanism, developed in 2013, to refer
trafficking victims to social centers managed by the MSA or NGO-run shelters that focused on other vulnerable
groups. While the mechanism was employed by officials in some instances, it was not utilized by all relevant
ministries. Throughout the reporting period, the government provided training to law enforcement, immigration, and
social services officials to identify trafficking victims among high-risk populations. Despite this training, the
government did not implement systematic policies and procedures to protect unidentified victims from punishment as
a direct result of being subjected to human trafficking, such as women or children in prostitution or illegal
immigrants. The government reportedly offered temporary residency status and repatriation services—in coordination
with international organizations—to foreign trafficking victims, although it was unclear how many victims were
provided this service in 2014. The government did not have any policies in place to encourage victims to
participate in the prosecution of their traffickers, nor did it offer foreign trafficking victims legal
alternatives to their removal to countries where they might face hardship or retribution.
PREVENTION
The government made some progress to prevent trafficking.The inter-ministerial anti-trafficking working group began
meeting monthly in 2014 to coordinate anti-trafficking policy, with representation from civil society and
international organizations. In early 2015, the working group drafted a national anti-trafficking action plan
outlining proposed efforts to raise awareness, build institutional capacity and train officials, enact draft
anti-trafficking legislation, and improve victim protection measures. To prevent fraudulent labor recruitment
practices, the Ministry of Professional Training and Employment (MOPTE) ordered 24 unauthorized recruitment bureaus
to formally register with the ministry. MOPTE officials also conducted a public awareness campaign during the
reporting period to warn job seekers about the risks of
dealing with unauthorized recruitment bureaus. In 2014, MOPTE formally requested the Ministry of Interior close and
file lawsuits against 15 recruitment agencies for failing to comply with labor regulations and other infractions,
such as providing misleading information to applicants, extortion, and fraud.The government did not report efforts
to reduce the demand for commercial sex acts.The government provided anti-trafficking training for its diplomatic
personnel.
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