Malta is a destination country for men and women trafficked for commercial sexual exploitation and a source country for minors trafficked internally for commercial sexual exploitation, according to a recent study carried out by the United States government.

The study, Trafficking in Persons Report, is carried out by the US Department of State annually and covers the period between April 2006 and March 2007.

The State Department is required by law to submit a report to the US Congress on foreign governments’ efforts to eliminate severe forms of human trafficking and the study includes countries that have been found to be countries of origin, transit or destination for a significant number of victims of severe forms of trafficking.

The study found that there was “anecdotal evidence” that women from Serbia, Russia, Ukraine, Romania, and other eastern European countries may be trafficked to Malta for forced prostitution.

Furthermore, it said, the Maltese government did not “fully comply with the minimum standards for the elimination of trafficking.”

However, the report added, it was making significant efforts to do so.

Malta was classified as a Tier Two country in the report – along with other countries such as Singapore, Thailand, Afghanistan, Greece, Japan and Jamaica, which are making significant efforts to meet the minimum standards.

It said that the efforts made by Malta to prosecute people accused of human trafficking were “modest”.

Malta’s Criminal Code prohibits trafficking for commercial sexual exploitation and involuntary servitude, punishable by two to nine years’ imprisonment.

The White Slave Traffic Suppression Ordinance, as amended in 1994, prohibits the prostitution of minors under 21 years of age, with prescribed penalties of up to four years’ imprisonment.

Even though the penalties in Maltese law are good deterrents, “the penalties for prostitution of minors are not proportionate with those for other grave crimes,” it said.

This year, five individuals were arrested for trafficking a Romanian woman for prostitution and the case is still pending. The woman was offered protection by the police, gave court testimony, and was returned to her country of origin, which was her request.

In January, a man was given a suspended sentence for trafficking two women for the purpose of prostitution – a decision confirmed by the Court of Appeal.

A police officer who was convicted for complicity in trafficking in 2005 was granted bail pending his appeal while another police officer was convicted for a similar offence and sentenced to three years’ imprisonment.

The study said that the Maltese government should provide trafficking-related training to law enforcement and judicial officials.

The government should significantly increase investigations for trafficking offences, particularly when evidence of such offences results from raids, brothels, or arrests of irregular migrants.

However, the report noted that Malta did do something to protect victims of trafficking – by referring them to Agenzija Appogg.

It said, despite reports of police attempts to identify trafficking victims among vulnerable groups, “the government did not provide sufficient evidence that the 203 women arrested this year for prostitution were formally screened for evidence of trafficking prior to being charged with criminal offences.”

As a result, some victims of trafficking may have been treated as offenders rather than victims, and punished accordingly.

Minors used in commercial sexual exploitation are interviewed by trained police officers and referred to Child Protection Services for assistance in reintegration.

The government made limited efforts to prevent human trafficking this year and did not conduct any anti-trafficking awareness campaigns, the report said.

It pointed out that between 1,500 to 1,800 African irregular migrants arrived in Malta each year, yet it was unclear whether any were trafficked to or through Malta for work or sexual exploitation.

Finally, the report suggested that Malta should significantly increase investigations and prosecutions of trafficking crimes, while instituting a formal victim identification procedure to ensure that the victims are not punished.