KAZAKHSTAN RESOLVES TO IMPROVE TIP RESPONSE

UNCLAS SECTION 01 OF 02 ASTANA 001061 SIPDIS DEPT FOR G/TIP (HALL),INL/AAE (ALTON),SCA/CEN (OMARA) SIPDIS E.O. 12958: N/A TAGS: SNAR PINT KCRM KZ SUBJECT: KAZAKHSTAN RESOLVES TO IMPROVE TIP RESPONSE REF: 06 ASTANA 368 ¶1. Summary: On April 3-4, Kazakhstani judges, police officers, and prosecutors brought together under an INL program to review Spring 2006 Anti-TIP legislation for a second time resolved to propose further improvements in anti-trafficking laws, including legislation to cover human exploitation; allow for provision of government financial assistance to victims; and increase the criminal penalty for trafficking, operating a trafficking business, or facilitating trafficking. The group recommended non-legislative approaches as well, including expanded public outreach to warn of the dangers of TIP; expanded anti-TIP cooperation between NGOs and domestic law enforcement, within Kazakhstan's police forces, and between police forces of source, transit, and destination countries; and continued dialogue between legislators, police, NGOs, and civil society. If the thoughts of the mid-level law enforcement, government officials, and NGO participants are any indication, the government of Kazakhstan continues to place great emphasis on combating TIP. The GOK devotes human and financial resources to create the institutional structures and social attitudes necessary to solve this problem. Most importantly, the agencies and departments in the government are constantly seeking to improve efforts through reaching out to tap the expertise of other nations and organizations and nurturing Kazakhstani institutions as well. End summary. ¶2. In early April, INL and IOM implemented a two-day Anti-TIP Legislation Review Conference at the Karaganda MVD Legal Institute devoted to the improvement and implementation of anti-trafficking legislation in Kazakhstan. This was the second review (Reftel) that aimed to gauge implementation of spring 2006 amendments to legislation criminalizing TIP. Conference participants discussed initial outcomes of recent amendments to the anti-trafficking in person legislation in Kazakhstan. Building on the basis that trafficking in persons is a crime against human rights stipulated by the Constitution of Kazakhstan which threatens the safety of the state and its citizens, participants concluded that the GOK has made significant efforts over the last year in combating trafficking in persons, including new legislation, establishing the anti-TIP center, and the creation and implementation of the national plan to �A;combat trafficking. They further assessed that the GOK wants to continue to improve measures and methods of combating trafficking and other related crimes, and is ready to protect victims of trafficking. The participants reached the following five conclusions: 2.1. The GOK should continue to improve legislation to prosecute traffickers and protect victims of trafficking based on analysis of actual law enforcement, prosecution, and judicial experience in cases of trafficking in persons. Based on participants' analysis and experience, the GOK should develop new or expand existing legislation to include: a) combating other human exploitation such as parents or organized crime gangs forcing children to beg; b) provision of government assistance (including financial) and support to victims of trafficking; c) increase the penalty for human trafficking and for promoting criminal businesses; d) contain the development of illegal businesses that support trafficking in persons, such as provision of commercial sex services or abetting illegal migration; e) strengthen control over legal businesses that may support trafficking in persons, such as those providing mediation services (including those located abroad),entertainment services, tourist services, donor assistance services, marriage services, etc. 2.2. Prevent trafficking in persons by improving: a) detection of TIP crimes, analysis of TIP related information, understanding of other needs of targeted groups, methods of public outreach to inform these groups about the risks of human trafficking, recommendations about how to avoid victimization; b) prevention of crimes related to trafficking in persons; c) prevention of victimization of potentially targeted groups, re-victimization and stigmatization of victims, and intolerance to the crimes related to trafficking in persons by informing Kazakhstani citizens and visitors about trafficking in persons. 2.3. Develop cooperation between government agencies in criminal prosecution against traffickers in all jurisdictions, including the countries of origin, transit and destination; 2.4. Improve forms and methods of cooperation of government agencies, including law enforcement agencies and international and non-governmental organizations providing assistance to victims of trafficking and facilitating their repatriation and rehabilitation; 2.5. Continue the dialogue on issues related to improvement of legislation and law enforcement practices on detecting and investigating cases of trafficking in persons and other related crimes. ASTANA 00001061 002 OF 002 ¶3. The conference was hosted by the Karaganda MVD Legal Institute, the same location where INL collaborated with the GOK to create an Anti-TIP Center to train mid-level officers to recognize and combat TIP. The participants included judges, police officers and other members of the security services, procurators, academicians, and NGOs. An additional goal of the conference was to encourage criminal law and law enforcement specialists to develop educational materials and training programs to be included in the curricula of law enforcement academies, law institutes and colleges. -------------- COMMENT -------------- ¶4. Conversations on the margins of the legislative review session revealed that while understanding is still lacking on how to investigate and prosecute a TIP case so the trafficker is successfully convicted, the desire to improve is great. Furthermore, as officers and prosecutors get more experience about what constitutes a proper, legal case against a trafficker, conviction rates should rise. For the time being, trafficking cases in Kazakhstan are often prosecuted under other clauses of the Criminal Code because of the greater likelihood of getting a conviction. The conviction still puts the criminal behind bars but artificially reduces the TIP conviction rate. Post believes that with continued training and more collaboration among law enforcement agencies, a growing percentage of cases will be prosecuted under TIP legislation and will result in convictions. ORDWAY