Identifier
Created
Classification
Origin
04YEREVAN1344
2004-06-15 12:17:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Yerevan
Cable title:  

ARMENIA: 2004 - 2005 ANTI-TRAFFICKING STRATEGY

Tags:  PHUM KCRM ELAB KWMN SMIG PGOV PREL UZ AM 
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UNCLAS SECTION 01 OF 04 YEREVAN 001344 

SIPDIS

SENSITIVE

DEPT FOR E. SIDEREAS, CACEN, S. NEUMANN AND R. LERNER,
G/TIP, J. CAMPBELL, INL/AAE

E.O. 12958: N/A
TAGS: PHUM KCRM ELAB KWMN SMIG PGOV PREL UZ AM
SUBJECT: ARMENIA: 2004 - 2005 ANTI-TRAFFICKING STRATEGY

REF: YEREVAN 01339

SENSITIVE BUT UNCLASSIFIED. PLEASE PROTECT ACCORDINGLY.

UNCLAS SECTION 01 OF 04 YEREVAN 001344

SIPDIS

SENSITIVE

DEPT FOR E. SIDEREAS, CACEN, S. NEUMANN AND R. LERNER,
G/TIP, J. CAMPBELL, INL/AAE

E.O. 12958: N/A
TAGS: PHUM KCRM ELAB KWMN SMIG PGOV PREL UZ AM
SUBJECT: ARMENIA: 2004 - 2005 ANTI-TRAFFICKING STRATEGY

REF: YEREVAN 01339

SENSITIVE BUT UNCLASSIFIED. PLEASE PROTECT ACCORDINGLY.


1. (SBU) SUMMARY. While the formation of the
Government's Interagency Commission to Address Issues
related to Human Trafficking was encouraging, lack of a
Commission Head for several months last year significantly
slowed down the Government's response to TIP. As reported
reftel, the Commission believes that coordination has been
the biggest overriding problem. With a Commission Head now
in place, the Commission has recently taken concrete steps
to ensure better coordination through the Commission and has
requested that their mandate be expanded and further defined
to improve their ability to coordinate all Government action
in this important area, as well as to improve implementation
of the National Plan of Action. International and non-
governmental organizations in Armenia have continued to take
concrete steps to better inform the Armenian population of
the trafficking phenomenon and assist victims. The Armenian
Governmental Commission has readily participated in these
endeavors, and we have seen increasingly strong
collaboration between government and service-providing NGOs
over the last several months on specific cases, although
there still needs to be better overall coordination. We are
hopeful that the Government of Armenia will begin its own
initiatives toward combating this abhorrent phenomenon. The
GOAM Commission reports that although coordination with a
new UNDP Anti-TIP Program funded by the Norwegian Government
has been poor to date, they believe that they are close to
reconciling this issue. We are hopeful that the GOAM will
in fact be able to improve cooperation with the UNDP program
in an effort to decrease overlap between that program and
USG-funded programs currently being implemented. Paras 2-4
update the 2003-2004 Anti-TIP Strategy Recommendations to
the Government of Armenia and establish new goals for 2004-

2005. END SUMMARY.



2. (SBU) Recommended steps to improve prevention that the
Government of Armenia should take to combat trafficking in
persons in Armenia include:

GOAL: Establish consistent translations of key terminology
and definitions from the Palermo Convention, including
trafficking in persons and migrant smuggling. The resulting
terminology and definitions should be used consistently
throughout all relevant public awareness, legislation and
other documentation.

UPDATE: The GOAM Commission has made several amendments to
anti-TIP legislation with an aim to clarify and better
define terminology, which will greatly contribute to this
goal. The National Assembly will consider changes in the
next few months.

GOAL: Approval of the National Plan of Action (NPA) by the
GOAM and beginning of implementation.

UPDATE: ACCOMPLISHED. The GOAM should now focus on improved
implementation of the NPA. The GOAM Commission agreed in a
meeting last week to utilize the USG-funded anti-TIP website
for Armenia (www.antitip.am) to publicize GOAM initiatives
to improve transparency.

GOAL: Allocate appropriate government staff and resources to
track implementation of the NPA.

UPDATE: ACCOMPLISHED. The GOAM allocated the equivalent of
USD 11, 000 to the Commission to implement anti-TIP
initiatives. The Commission believes that this sum is
merely symbolic, but attributes this to the fact that the
request was made after the national budget was approved.
They intend to make a more substantial request for the
coming year's budget. We urge the GOAM to allocate the
required resources.

GOAL: Include trafficking in persons in the Poverty
Reduction Strategy (PRSP),especially concerning vulnerable
groups, including women, children and refugees. For
example, attention to this issue within the job creation
component of the PRSP with an aim to reduce the number of
vulnerable women can positively impact trafficking
prevention.

UPDATE: The Human Rights Desk of the Ministry of Foreign
Affairs has been working actively with the World Bank to
ensure inclusion of TIP in the PRSP. We should continue to
track the PRSP document for additions.

GOAL: Improve the incorporation of issues related to
children, especially children in institutions and from
vulnerable families, in all aspects of trafficking
prevention and relevant action plans.


3. (SBU) We recommend addressing trafficking in persons in
the broader context of the UN Transnational Organized Crime
Convention to ensure attention to international standards
and practices and harmonization within the region. In
addition, this will ensure that not only is trafficking
criminalized, but also that key criminal code amendments are
made to ensure effective implementation of legislation put
in place, which are also needed to effectively combat trans-
national crime in general. It is important to focus,
however, not only on the Criminal and Criminal Procedure
Codes, but also on the Labor Code, social welfare/family
legislation and anti-corruption legislation, enforcement and
implementation to ensure a comprehensive approach to this
complex issue. In the case of issues related to trafficking
in minors, Armenia has not taken significant steps to ratify
several key international agreements to protect the rights
of children, namely the Hague Convention; ILO Convention 182
and the Optional Protocols to the Child Rights Convention.
We strongly believe that Armenia should act swiftly on these
issues.

We support UNHCR in its assertion that seeking asylum is a
universally recognized right. As UNHCR points out, many
refugees, because of their desperate situation, may have no
other option to reach safety in asylum countries than
engaging the services of smugglers, some falling into the
hands of traffickers. UNHCR urges that access to asylum be
kept open in strict compliance with the "Saving Clause"
contained in both the Trafficking and Smuggling Protocols.
In particular, UNHCR strongly recommends that the "Saving
Clause" be reflected in a specific provision of the RA
Criminal Code. Furthermore, inclusion into the same Code of
an article that exempts asylum-seekers from being punished
for the fact of having utilized the services of a smuggler
in order to escape from feared persecution is recommended.
This would reflect the obligation of non-penalization set
forth in Article 31 (1) of the 1951 Convention, in addition
to being consistent with Article 5 of the Smuggling
Protocol. Finally, those persons who effectively facilitate
smuggling for humanitarian reasons, assisting asylum-seekers
to flee from the country where they fear persecution into
Armenia without any financial gain, should not be subject to
prosecution under the Criminal Code. Given the nexus
between smuggling and trafficking and the fact that refugees
and smuggled migrants are a high-risk group for trafficking,
we strongly support UNHCR's endeavors in this area but do
not link progress on this area to tier status for Armenia.

The following steps are recommended to improve the
Government of Armenia's ability to prosecute trafficking
related cases:

GOAL: Legal Analysis of gaps in current legislation. The
Government of Armenia's support and substantive
collaboration to the USG-funded initiative by OSCE in this
area are essential.

UPDATE: OSCE's international expert and a team of 3 national
experts are currently working on the legislative gap
analysis. The first draft package of amendments to the
Criminal Procedure Code was submitted to the OSCE Office in
Yerevan; simultaneously, the package was sent for comment to
relevant agencies/members of the Armenian Government Working
Group on Criminal Procedure Code Amendments and then forward
to the OSCE expert. In July 2004, it is expected that OSCE
will convene an expert-level meeting in Yerevan. The
meeting will provide a forum for the relevant state
authorities, NGOs and bar associations to discuss the
proposed amendments with the international expert. In July
2004, Phase 1 of the project (focus on procedural safeguards
of victim/witness protection) will be essentially completed
(although follow-up with the National Assembly will continue
beyond July 2004 into fall 2004) and Phase 2 (focus on non-
procedural safeguards/assessment of prerequisites for
creation of a witness protection program - including
recommendations for a separate Law on Witness
Protection) will commence.

GOAL: Amendment of Criminal Code Article 132 and/or
ratification of a Trafficking in Persons Law.

UPDATE: The GOAM Commission has drafted amendments for
consideration by the National Assembly. Relevant GOAM
agencies are working with the OSCE Legislative Strengthening
Program, funded by the USG. We are hopeful that this
cooperation will continue and produce visible results in

2004.

GOAL: Specific legislation or amendments to existing
legislation not linked to cooperation in criminal
investigation or prosecution, addressing both victim
protection and witness protection.

UPDATE: Phase I of the OSCE Legislative Strengthening
Program is expected completed in July 2004. Phase II will
begin shortly thereafter and will focus on this issue.
Active collaboration by the relevant GOAM agencies is
essential.

GOAL: We strongly recommend specific legislation or
amendments to existing legislation that comply with the
"Saving Clause" in the Trafficking and Smuggling Protocols,
but we do not link this to tier status.

GOAL: Ratification of Optional Protocols to UN Convention on
the Rights of the Child and ratification of ILO Convention

182.

UPDATE: GOAM experienced seriously delays in this process.
Recently, there has been improved impetus within the GOAM to
accomplish these goals. We are hopeful that the GOAM will
finalize ratification in 2004.

GOAL: Ratification of the Hague Convention followed by the
development of procedures and bilateral agreements to
monitor inter-country adoptions. While we do not propose a
specific timeline for ratification, we encourage the
Government of Armenia to take steps toward this goal over
the next year.

UPDATE: Ratification is currently a contentious issue within
the GOAM. The overwhelming opinion seems to be that there
are several steps that should be taken to address these
issue through creation of internal legislation and
procedures, especially related to adoption. The GOAM would
then seek expert assistance to identify gaps and priorities,
and only then take the steps necessary for ratification. We
believe it is important to continue to encourage the GOAM to
address this important issue.

GOAL: Training for law enforcement, advocates and the
judiciary to sensitize them to the issue of trafficking in
persons and educate them on relevant changes and additions
to national legislation. We recommend a particular emphasis
on Border Guards and Consular Officials overseas.

UPDATE: The National Police began providing some training
for law enforcement. The USG, through IOM, supports an
initiative for the Consular Section of the MFA and Consular
Officers abroad. GOAM-led initiatives in this area should
be greatly expanded and be incorporated into standard local
training programs.

GOAL: Begin discussions on more regular cooperation with
destination countries, notably the UAE and Germany. Expand
contacts in other potential destination countries, such as
Greece, Cyprus, Turkey, Russia.

UPDATE: On a practical law enforcement level, cooperation
has steadily increased. We encourage the GOAM to continue
to increase cooperation in this area and take steps to
formalize bilateral cooperation. We further encourage the
GOAM to promote bilateral and regional cooperation beyond
law enforcement.


4. (SBU) The National Plan of Action and Governmental
Commission's Concept Paper have been ratified and
disseminated to international organizations and NGOs. We
applaud this level of transparency with local and
international partners. There is a need for further research
to address issues related to the scope of trafficking,
especially related to child adoptions, orphanages and
Internats (boarding schools). Further research will help to
establish potential and actual victim profiles, thereby
assisting the Government of Armenia and the NGO and donor
communities to better focus prevention and victim assistance
and protection programs. The USG has provided funding to 2
organizations to conduct such research. We are extremely
concerned by the Commission's intention to conduct separate
research, which will be much smaller in scope. Varying
results may provide an ideal excuse for the GOAM to attempt
to minimize the problem and discount the findings of the USG-
funded study. Future steps to improve protection of victims
include:

GOAL: Research to identify trafficking trends and victim
profiles.

UPDATE: The State Department has provided funding to two
local NGOs to accomplish this task during 2004. The
Government of Armenia's support to this initiative will be
critical. We appreciate the GOAM's support to date to this
initiative in providing a representative from the
Governmental Commission to participate in the selection
board to review program proposals. We are hopeful that the
Government of Armenia will also promote adequate access and
transparency for the NGO conducting research to the relevant
government institutions and agencies. Given the GOAM's
scarce resources to address TIP, we are hopeful that the
GOAM will cooperate closely with this initiative, rather
than duplicate this effort by going forth with its plans for
a study.

GOAL: Establishment of hotlines for both prevention and
returnee assistance.

UPDATE: The State Department currently supports a program
(through IOM) by a local NGO to assist victims that includes
a hotline. More than 100 people from all over Armenia have
contacted the hotline since its inception. We understand
that UNDP, in cooperation with UMCOR, intends to begin
operating a hotline. We are hopeful that efforts will be
closely coordinated given that multiple hotlines with
different procedures could result in confusion among at-
risk/potential users. Furthermore, better cooperation
between implementers would also benefit data collection on
victims.

GOAL: Establishment of safehavens and reintegration centers
for returnees, which will provide legal, medical and
psychological assistance, and also socio-economic
reintegration and appropriate monitoring of the process.

UPDATE: The State Department currently supports a program
(through IOM) by a local NGO to assist victims that includes
safehavens and legal, medical and psychological assistance
to returnees. Law enforcement has referred suspected
victims to this shelter-a sign that collaboration between
NGOs and Armenian Government agencies is improving. We
understand that UNDP, in cooperation with UMCOR, intends to
begin a similar program. Without sufficient data on the
trafficking phenomenon to include the type of victim (men,
women, children) and the type of trafficking they are
subjected to, victim assistance programs should be created
that will allow for flexibility. We are hopeful that the
upcoming USG-funded research will provide much of the
information required to better understand Armenian victim
profiles.


5. COMMENT. We have commended the GOAM on continued Tier 2
status but also made it clear that more has to be done. We
have repeatedly sent the message that actual GOAM buy-in or
ownership of the problem is critical-- TIP is not a donor
issue, but an issue for Armenia with global tie-ins. Now
that the Head of the Commission is in place and the
Government has approved the National Plan of Action, the
focus should be on actual implementation of the NPA and
better coordination of the interagency process. END
COMMENT.

ORDWAY