EMBASSY ASHGABAT SUBMISSION FOR 2006

UNCLAS SECTION 01 OF 06 ASHGABAT 000257 SIPDIS SENSITIVE SIPDIS DEPT FOR EUR/CACEN (PERRY); G/TIP (HALL); G; INL; DRL; PRM; IWI; EUR/PGI E.O. 12958: N/A 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