EMBASSY ASHGABAT SUBMISSION FOR 2006

UNCLAS SECTION 01 OF 06 ASHGABAT 000257

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TAGS: ASEC ELAB KCRM KWMN PHUM PREF SMIG TX
SUBJECT: EMBASSY ASHGABAT SUBMISSION FOR 2006
ANTI-TRAFFICKING IN PERSONS REPORT

REF: STATE 03836

ASHGABAT 00000257 001.2 OF 006


SUMMARY
--------------


1. (U) The following is Embassy Ashgabat's responses to the
2005-2006 Trafficking in Persons Report for Turkmenistan.
The report follows the guidelines outlined in reftel.


2. (SBU) U.S. Embassy Ashgabat's point of contact for anti-
trafficking in persons programs is:

Ian Turner, Consular Officer
Tel: (993-12) 35-00-45 Ext. 2103
Fax: (993-12) 35-00-49
E-mail: TurnerI@state.gov
Number of hours spent on report preparation: Consular
Officer: 12 hours, Consular Assistant: 5 Hours, P/E Officer:
1 hour, AMB: 1 hour.

Overview of Turkmenistan's Activities to Eliminate
Trafficking in Persons (Keyed to Checklist in Reftel)
-------------- --------------


3. (SBU) Begin Answers to reftel questions:

(21) A. Turkmenistan is not a significant country of origin,
transit, or destination for trafficking in persons (TIP),
however there is anecdotal evidence that internal trafficking
occurs. The primary sources for this information are local
representatives of the International Organization for
Migration (IOM),the OSCE, and local NGOs. The Embassy
estimates this information to be reliable because of the
organizations' familiarity with Turkmen society and their
length of service in country. In previous years, PDoffs,
ConOff, EXBS, and USAID have heard the few anecdotal
trafficking accounts that IOM, OSCE, and local NGOs report.
In February 2006, IOM reported that there were five
incidences of young women who were trafficked to Turkey to be
used as sex workers and one case of an elderly woman who was
internally trafficked inside Turkmenistan. The number of
accounts that the Embassy and IOM have collected does not
lead Post to believe that trafficking in persons is a
significant problem in Turkmenistan. However, given the
unwillingness of the Government of Turkmenistan (GOTX) to
publicize any and all social ills including trafficking in
persons, the steady decline of living standards and the
socioeconomic situation in Turkmenistan, Post and others that
monitor trafficking in persons believes that the problem
could be greater. Unemployed youth, especially young women,
are most vulnerable to being trafficked, as few educational
or employment opportunities exist in Turkmenistan for this
demographic group.

In October 2005, IOM completed an analysis of Trafficking in
Persons in Turkmenistan, the first ever prepared in recent
years. Although the report does not provide specific facts
to justify its claims, it nevertheless provides some insight
into trafficking issues in Turkmenistan.

(21) B. As in previous years, statistically significant
evidence does not exist to prove that Turkmenistan is a
country of origin for trafficking victims. The few anecdotes
Post has heard in the past five years indicate that women may
be lured to countries such as Turkey, the UAE, Russia, China,
Ukraine, Kazakhstan, and Uzbekistan by promises of lucrative
jobs. It appears that most are aware that they are to engage
in prostitution (i.e., Turkmenistani citizens are aware that
women may make money by engaging in prostitution abroad),but
sometimes they are misled. The women have responded to ads
in print media and on the Internet from other countries.
There is no evidence that false travel documents are used.
Other at-risk groups are the uneducated and unemployed
sectors of society. Constant GOTX mass firings within
various public sectors, as well as the increasing difficulty
of getting a decent education (Turkmenistani students are
limited to nine years of formal education that largely
centers around the study of the President's book-the

ASHGABAT 00000257 002.2 OF 006


Rukhnama),have resulted in a dramatic increase in
unemployment (Post estimates that up to 60-70 percent of the
population is unemployed). Many of the unemployed are rural
people seeking work in major cities and lack official
permission to work in these locations.

According to IOM and other embassy sources, there are
anecdotal reports that Turkmenistanis living in outlying
regions are being brought to larger cities to work on various
construction projects with the promise of high paying
salaries, only to be forced to work long hours and receive
little or no payment. However, no documented proof exists to
verify that this practice actually exists.

In its October 2005 report on Trafficking in Persons in
Turkmenistan, IOM reported that an elderly woman from
Ashgabat was a victim of internal trafficking. According to
IOM, who met with the woman, the victim had agreed to allow a
younger woman reside in her apartment in exchange for helping
to take care of her. After a year, the older woman
relinquished ownership of her apartment and gave it to the
younger woman. The younger woman, now the new owner of the
apartment, obtained all of the apartment documentation and
the elderly woman's passport, then evicted the former
apartment owner from her apartment. A police officer related
to the younger woman took the elderly woman owner to his home
in Bizmien, a village outside of Ashgabat, where she is
reportedly working for the police officer's family in
conditions indicative of involuntary forced labor.

Since the last TIP report, the number of reported trafficking
victims remains below 10 people however the true extent of
the problem remains unknown. The Government of Turkmenistan
continues to refuse to publicly acknowledge that trafficking
in persons is a problem. However, the Government has taken
several steps to recognize the problem in Turkmenistan, as
well as acknowledging the need to cooperate on a regional
basis to combat trafficking in persons.

(21) C. The government's limitations to address trafficking
in persons are of their own making. All decisions are made
by the President, and all government officials must receive
presidential approval for all decisions made within the
country. No government official is willing to publicly
acknowledge any social ill, be it trafficking in persons,
drug abuse, prostitution, etc., as such statements challenge
the party line of the prosperous life given to the people
during the "Golden Century of the Turkmen People" (read the
reign of President Niyazov). Although Turkmenistan earns
billions of dollars in oil and gas revenues, these profits
are misdirected into various Presidential construction
schemes that do not necessarily benefit the people.
Corruption is a problem throughout society and within the
GOTX, and while there is no concrete proof that corrupt
officials may be involved in trafficking, it is certainly
possible that they can be involved.

(21) D. As in previous years, the GOTX does not
systematically monitor its anti-trafficking efforts, or
appear even aware that efforts, if any, are being made. For
example, in February 2006 a high ranking official in the
Ministry of Internal Affairs (MVD),(the supposed) ministry
that takes the lead on combating trafficking, informed USG
interlocutors that the MVD was not aware of the 2005
conviction of a woman in Turkmenabat for trafficking related
crimes.

PREVENTION

(22) A. As a result of the low incidence of reports of
trafficking in Turkmenistan, and reluctance to admit any
social ill, the government continues to not acknowledge it as
a problem and devotes little attention and few resources to
the issue. However, it appears that the government is
becoming more willing to recognize the problem, and to engage
international organizations, foreign governments, and others.



ASHGABAT 00000257 003.2 OF 006


During the reporting period, IOM reported that its
cooperation with the GOTX continued to improve. On December
15, 2005 the State Service for the Registration of Foreigners
formally signed a memorandum of understanding with IOM
envisioning greater cooperation and assistance in combating
trafficking. The MOU also calls for the creation of
information campaigns to raise awareness of trafficking in
persons, the publication of information about trafficking and
migration issues, and further research into migration and
trafficking issues.

In February 2006, the government requested IOM's assistance
to send two government officials to a regional conference in
Pakistan devoted to anti-trafficking issues. The travel
costs were paid for by INL program funds. However, according
to the OSCE, during the reporting period, the Ministry of
Foreign Affairs rejected OSCE's proposals to hold training
seminars for government officials sensitizing them to
trafficking.

IOM indicates that the GOTX acknowledges that TIP is a
problem in the region, if not in Turkmenistan in particular.
The GOTX allows IOM to conduct anti-trafficking in persons
programming on the basis that such programs will prevent
trafficking from nearby countries from becoming a problem in
Turkmenistan.

(22) B. The Ministry of Internal Affairs (MVD) is the lead
agency in combating trafficking in persons. Other agencies
involved are the SSRF, the State Border Service, and the
Ministry of Foreign Affairs.

(22) C. According to the MVD and the SSRF, GOTX officials
who attended conferences addressing trafficking in persons
share their experiences and materials obtained during the
conferences with their staff members. Other than that, no
such campaigns occurred during the reporting period.

(22) D. According to the SSRF, regional SSRF offices
throughout the country information disseminate information
about working and traveling to Russia and Turkey. Otherwise
no other programs are conducted.

(22) E. There is currently one registered NGO, Ynam, which
deals with trafficking victims and issues. While not overly
cooperative with Ynam, the fact that the GOTX, who is not
receptive to the concept of civil society, registered Ynam is
significant. The local authorities
neither cooperate with, nor hinder, the activities of Ynam.

(22) F. The Turkish Embassy, at the request of the GOTX,
began implementing a new policy in late 2005 of no longer
issuing tourist visas to Turkmenistani women under the age of
35, including those married to Turkish men whose marriages
are not registered in Turkmenistan. The UAE Embassy, per the
request of the GOTX, similarly does not issue visas to young
single women. In December 2005, the Government of
Turkmenistan adopted a new law on migration that stipulates
that people can be prevented from leaving the country if the
government considers them to be potential victims of
trafficking. The Embassy, OSCE, and IOM view this
stipulation as an additional means to limit the ability of
Turkmenistanis to freely travel (as it regularly does with
those it does not want to travel),not as a genuine effort to
combat trafficking.

(22) G. Aside from generally registering the arrivals and
departures of people to and from Turkmenistan, as well as the
internal movement to and from border regions, the GOTX does
not appear to monitor emigration patterns for evidence of
trafficking. The government's border control services are
primitive and sporadic, and border officials are receptive to
bribery. The Embassy and EXBS are working with the
government to improve Turkmenistan's border security.

(22) H. According to the SSRF, any inter-departmental
cooperation to counter trafficking is conducted through
official communication between ministries and agencies.

ASHGABAT 00000257 004.2 OF 006



(22) I. No. In fact, none of the relevant government
agencies devoted to combating trafficking in persons could
provide USG interlocutors with the GOTX definition of
trafficking in persons during discussions in February 2006.


23. INVESTIGATION AND PROSECUTION OF TRAFFICKERS

(23) A. Currently no law exists prohibiting trafficking.
However, those suspected of possibly falling victim to
trafficking can be prevented from leaving the country under
the December 2005 Migration Law. Currently there are several
articles in the Penal Code that can be used to prosecute
traffickers:

Article 137 (forcing others to have sexual intercourse or
other sexual actions);

Article 139 (forcing someone into prostitution);

Article 140 (running or organizing brothels);

Article 141 (pandering);

Article 142 (pimping).

Under Criminal Law, traffickers can be prosecuted under the
following articles:

Articles 107, 108, 111, 112, 113 (Causing physical harm and
injuries of varying degrees of severity);

Articles 101 and 106 (murder and causing a suicide);

Article 155 and 156 (involving a minor in criminal or asocial
behavior);

Article 127 (kidnapping a woman with the purpose of entering
into marriage).

(23) B. For sexual exploitation sentences vary from two years
of hard labor to eight years of imprisonment. The court can
also order the confiscation of the convicted individual's
assets.

(23) C. According to the Criminal Code of Turkmenistan, these
crimes result 5-15 years imprisonment. If the perpetrator
has AIDS and the victim became infected with AIDS, the
punishment ranges from a prison sentence of 10-20 years.

(23) D. Prostitution is a crime in Turkmenistan. The
activities of the prostitute are criminalized. The
activities of brothel owners and pimps are criminalized.
Those that are caught soliciting services from prostitutes
have been arrested and detained. During the reporting
period, one foreign citizen was sentenced to 15 days
imprisonment for solicitation.

(23) E. In September 2005, a court in Turkmenabat convicted
a woman of pimping and sentenced her to seven years
imprisonment. The woman was accused of trafficking a local
woman to Turkey to engage in prostitution. The victim, aided
by an IOM-provided lawyer, gave testimony against her
trafficker during the trial. However, during the reporting
period, a local court refused to try a woman who was involved
in internally trafficking another woman, supposedly for lack
of evidence (See 21 B). The trafficker, who filed a counter
claim against the trafficking victim and won, was assisted by
a relative who is a police officer. No action against the
police officer was taken, and the trafficking victim
reportedly is still being held by the police officer's family.

(23) F. According to IOM, Turkmenistani shuttle traders who
travel to neighboring countries (specifically Turkey),have
"hired" local women to travel with them to their countries of
destination to engage in prostitution. Internally, IOM and
anecdotal stories indicate that many of the foreign
construction companies, specifically Turkish companies bring

ASHGABAT 00000257 005.2 OF 006


in people to their worksites in major cities to serve as
manual labor for various construction projects. These people
are lured to these companies with offers of decent treatment
and salaries, but are treated very badly and are paid very
little or nothing. Post does not have any concrete proof or
figures to verify this claim.

(23) G. See 22 C. As Turkmenistan is a police state, the
GOTX regularly employees various forms of covert operations
against supposed enemies of the state.

(23) H. No.

(23) I. In July 2005, a group of law enforcement officials
from Turkey held a four-day seminar on trafficking and border
security with their Turkmenistani counterparts. Post does
not have any information about any joint anti-trafficking
investigations.

(23) J. Post is not aware of any Turkmenistani citizen being
extradited abroad for trafficking crimes. According to the
SSRF, Turkmenistan will extradite its citizens to countries
that have signed a bilateral extradition agreement with
Turkmenistan. Extradition requests from countries that have
not signed such an agreement with Turkmenistan are reviewed
on a case by case basis.

(23) K. See Question (21) B. There are no reports that
government authorities have taken bribes to assist in
external trafficking operations. However, bribery is common
in Turkmenistan; if evidence of TIP appears, it is likely
that bribery of officials will play a key role in successful
trafficking operations.

(23) L. Post does not have any information that the GOTX took
any steps to punish officials that may have facilitated
trafficking (See 21 B).

(23) M. This is not an issue of concern for Turkmenistan.

(23) N.


A. NO


B. YES, YES


C. YES


D. YES



24. PROTECTION AND ASSISTANCE TO VICTIMS

(24) A. Other than providing expedited entry services to
victims upon arrival in Ashgabat airport, the GOTX does not
provide any types of services or assistance to trafficking
victims. SSRF Chief Myrat Yslamov told an Embassy
representative in July 2005 that the GOTX would provide any
necessary services, but there has never been a need.

(24) B. According to IOM, the GOTX, which is openly hostile
to any and all attempts to form a domestic civil society,
does not provide such assistance.

(24) C. According to IOM, the GOTX does not have such a
process.

(24) D. According to IOM, while trafficking victims can be
convicted of violating the Penal Code under Articles 117 and
119 (spreading of a venereal disease or AIDS),Article 214
(illegal exit from or entry to Turkmenistan),and Article 218
(possession of fake documents),there were no reported
instances when returned trafficking victims were convicted.
However, returned trafficking victims who worked as
prostitutes have to deal with a very strong social stigma
attached to those who engaged in such acts.

(24) E. According to IOM, in September 2005 the testimony of

ASHGABAT 00000257 006.4 OF 006


a former trafficked sex worker led to the conviction of a
trafficker in Turkmenabat (See 23 E).

(24) F. According to IOM, a victim of trafficking has a
right to protection as a victim of a crime during the
investigation of a criminal case and court session. However,
such protection can only be granted upon the court's
decision.

(24) G. The GOTX does not provide any such training or
services.

(24) H. According to IOM, no such assistance is provided.

(24) I. IOM continues to be the primary international NGO
that works with trafficking victims, providing them with
material and logistical assistance to return trafficking
victims back to Turkmenistan. It also provides them with
legal counseling, and psychological and medical assistance.
IOM used USG/INL program funds to publish Russian and Turkmen
language brochures for law enforcement and potential victims
of TIP. OSCE has provided financial assistance to those
implementing programs (summer camps and educational programs)
geared towards potential at-risk groups (youth). OSCE has
attempted to organize roundtables and training for GOTX
officials about trafficking in persons issues. The National
Red Crescent Society of Turkmenistan provided limited
material assistance to children of trafficked women.

The NGO "Ynam," a registered NGO dedicated to assisting women
and children, includes anti-TIP activities in its work and
has established a hotline that women may call, among other
things, to try to determine if a job offer abroad is
legitimate. Ynam also conducts a public education
anti-trafficking in persons campaign. In 2004, the GOTX
registered Ynam under the new public association law,
allowing it to carry out activities without risk of criminal
penalties. Although the GOTX is fully capable of providing
assistance to at-risk groups, its lack of political will and
refusal to admit to any social ills prevents it from doing
so.

End Post's responses to reftel.
JACOBSON