G/TIP: FRANCE MAKES CASE FOR PROGRESS ON

C O N F I D E N T I A L SECTION 01 OF 02 PARIS 007096

SIPDIS

SIPDIS

DEPARTMENT FOR G/TIP (JODY BUCKNEBERG); DEPARTMENT FOR
EUR/WE

E.O. 12958: DECL: 10/29/2016
TAGS: PHUM KDEM KWMN FR
SUBJECT: G/TIP: FRANCE MAKES CASE FOR PROGRESS ON
TRAFFICKING

Classified By: Political Minister Counselor Josiah B. Rosenblatt
for reasons 1.4(b)(d).


1. (C) SUMMARY. Jean-Michel Colombani, Chief of the Interior
Ministry's Central Office for the Prevention of Trafficking
in Persons, made the case during an October 25 meeting that
France has a strong record in preventing and addressing the
trafficking of persons and continues to make significant
progress on this issue. Colombani had clearly studied
carefully last year's TIP report on France and proceeded
methodically and without prompting to address U.S. concerns
on implementation, trafficking as an extenuating factor in
sentencing, screening of victims, and their eventual
deportation. In all four categories, he argued forcefully
that France meets, and in many cases exceeds, the baseline
requirements of American law. Colombani closed the meeting
by noting Interior Minister Sarkozy's strong, abiding, and
personal commitment to fighting trafficking, worrying that a
U.S. decision to lump France together "with countries like
Nigeria," beyond being unjustified, would be taken as a
affront by Sarkozy personally and French officials more
generally. END SUMMARY.

FRANCE ADDRESSING U.S. CONCERNS ON TIP


2. (C) At an October 25 meeting with Jean-Michel Colombani,
head of the Interior Ministry's Central Office for the
Prevention of Trafficking in Persons, which deals primarily
with prostitution, made the case that France is fully
addressing U.S. concerns about its efforts against
trafficking. (NOTE: Colombani deals with trafficking as
related to prostitution, where French officials continue to
prefer to have resort to anti-pimping laws for purposes of
prosecution of traffickers. The law against trafficking,
which is based on the anti-pimping law, is reserved mainly
for servitude and other cases of trafficking but generally
does not cover prostitution. Another distinction worth
noting is that, while prostitution itself is legal in France
as a private matter, soliciting and pimping are not because
they are considered as threats to public order. END NOTE.)

RIGOROUS IMPLEMENTATION


3. (C) Colombani, who had clearly studied last year's TIP
report, methodically addressed U.S. concerns while arguing
that France meets, and in many cases exceeds, the baseline
requirements of American law. He noted that the minimum
penalty on the books for trafficking is seven years. Judges
sometimes do not sentence people to the full extent of the
law, but that is their decision consistent with the
separation of judicial powers in France. As in past
meetings, Colombani expressed pride in what he viewed as
France's proactive efforts in this domain, noting his travel
to other countries and attempts by France to work with others
against trafficking. Some countries (such as Bulgaria) are
more cooperative than others (such as Nigeria, "whose main
export is people," as Colombani put it). Colombani provided
us with some potential sources of additional statistics on
various categories of trafficking violations pursued by
French authorities, including the Central Office for the
Battle Against Illegal Work (OCLTI, which is part of the
French National Police),the Directorate of Public Liberties
and Judicial Affairs of the Interior Ministry, the General
Directorate of Social Action of the Ministry of Social
Affairs, and the Chancellery of the Directorate of Penalties.

PUNISHMENT AS A RESULT OF TRAFFICKING


4. (C) Colombani argued that French judges take fully into
account, in attributing guilt and meting out punishments,
whether the perpetrator is him/herself a victim of
trafficking. He stated categorically that trafficking
victims generally are not sentenced and imprisoned, adding
anecdotally that judges often limited themselves to "wagging
their fingers" and suggesting that the victims look for other
lines of work. While the French government has given to
associations the job of taking care of trafficking victims,
judges are active in referring prostitutes to associations,
and there are provisions for financial and other assistance
aimed at facilitating their reinsertion into society.
Colombani stated that French police efforts are focused
almost entirely on the pimps and organizers behind
prostitution, and not on the prostitutes (victims) themselves.

SCREENING/VICTIM IDENTIFICATION


5. (C) Colombani said that France is active in screening and
victim identification, and that, as with sentencing, the key
to their efforts is to distinguish between victims and pimps.

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It is for this reason, he explained, that the law permits
police to detain prostitutes for up to 24 hours. Previously,
associations had often encountered difficulty with victims
out in the open, since the pimps often hovered nearby and
were not above interfering actively in their efforts. The
24-hour period, he asserted, allows the victims to develop a
relationship with police officials "in a more intimate
setting," thus facilitating exchanges aimed at determining
whether they are victims of trafficking. In that event,
victims can be put in touch with associations advocating
victims' rights and benefit from the efforts of support
groups.

LEGAL ALTERNATIVES TO DEPORTATION


6. (C) Colombani stressed that French law provides for legal
alternatives to deportation for the victims of trafficking.
Specifically, French law provides for legal residence permits
in return for cooperation with authorities in persecuting
pimps and organizers. Voluntary departure from France is an
option that is encouraged, and France recently concluded an
agreement with Bulgaria in this regard. At the same time,
Colombani was adamant that victims of trafficking are not
returned to countries where they risk suffering mistreatment.
As evidence, he showed us a circular letter from Interior
Minister Sarkozy to all prefectures spelling this out in
black and white. Colombani also noted that trafficking
victims have the option, if they are convicted of crimes, of
serving out their time in a French facility.

THE ONUS OF IMPROVEMENT


7. (C) Reminded that France, in order to maintain its Tier 1
ranking, needed not only to meet the appropriate standards
but also show improvement, Colombani argued forcefully that
France's efforts against trafficking are strong and continue
to improve, although he admitted that proving that
statistically is sometimes challenging. Statistics on
prosecutions and convictions, he said, did not always do
justice to France's best efforts, and there were instances
where the law of diminishing returns was also a factor (i.e.,
putting ten percent more policemen on the streets did not
result in ten percent more convictions, especially if they
followed on previously successful efforts). Moreover, he
continued, criminals are becoming more sophisticated, he
said, with many of the traffickers choosing increasingly to
work through the internet. Finally, most of the organizers,
having concluded that the environment in France was hostile
to them, were now working from across the border.

COOPERATION WITH U.S. ON TRAFFICKING


8. (C) Colombani stated that cooperation with the U.S. and
other countries on fighting trafficking is important to
France, and he pointed proudly to a medal he had received
from the Secret Service. He said that France considers its
efforts against trafficking exemplary, and noted again that
Interior Minister Nicolas Sarkozy takes a personal interest
in trafficking issues, and is strongly committed to the fight
against trafficking. He concluded with an expression of hope
that the U.S. would recognize France's efforts, noting that
any decision to lump France together with a number of chronic
underperformers such as Nigeria would not be taken with
equanimity either by Sarkozy or GOF officials such as himself.




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