Plea from NGOs: Don't Downgrade India to Tier 3

UNCLAS CHENNAI 000445

SIPDIS

SIPDIS

DEPT FOR G/TIP MTAYLOR, JSIGMON, SFARAJ; SCA/INS FOR CSIM;
SCA/RA FOR JPFLEIDERER

E.O. 12958: N/A
TAGS: SOCI ELAB KCRM KWMN PREL PHUM IN
SUBJECT: Plea from NGOs: Don't Downgrade India to Tier 3

REF: A) NEW DELHI 2816 B) CHENNAI 103 C) CHENNAI 77


1. SUMMARY: During a July 3 visit to Hyderabad, Ambassador Mulford
met with representatives of anti-trafficking NGOs to hear their
views on India's efforts to combat trafficking in persons (TIP).
The NGO representatives argued that the 2007 TIP report did not
sufficiently or accurately acknowledge the progress India had made
during the previous year. When the Ambassador asked their views of
whether India should be downgraded to Tier 3, the NGO
representatives uniformly opposed a downgrade on the grounds that
the U.S. had not acknowledged India's progress and because U.S. TIP
analysis focused too much attention on successful convictions. They
said downgrading India to Tier 3 would actually undermine efforts to
combat TIP in India. END SUMMARY.

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AMBASSADOR MEETS LEADING TIP NGOS
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2. As part of the Mission's ongoing effort to highlight our
trafficking concerns, on July 3, Ambassador Mulford met with
representatives of several NGOs to discuss India's efforts to combat
TIP and to hear their views of the recently issued 2007 TIP report,
released June 12. The Ambassador met with Dr. Sunitha Krishnan of
Prajwala, Hema Bedi of Sthree, and Sumitra Makkapati of Ankuram.
Prajwala runs a home for child survivors of sex trafficking as well
as Prajwala Enterprises, a training and production center for young
female survivors of sex trafficking. Bedi's Sthree works to rescue
and rehabilitate victims of trafficking and has a shelter home that
provides vocational training to victims. Ankuram also has a shelter
home and supports small businesses run by victims.


3. Ambassador Mulford opened the meeting by discussing the 2007 TIP
report which put India, for the fourth straight year, on the Tier 2
watch list. He discussed the special six-month assessment period
and said there will be a review of India's progress in December

2007. The Ambassador solicited the assembled NGO representatives'
views on the possibility of downgrading India to Tier 3, inquiring
if a downgrade is warranted and whether or not it would ultimately
help focus the GOI and civil society on anti-TIP efforts. He also
pressed for advice on how we could best encourage progress on this
is issue.

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NGOS SAY 2007 REPORT IGNORES INDIA'S PROGRESS ON TIP
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3. The NGO representatives candidly said that the 2007 TIP Report
does not sufficiently acknowledge India's progress against
trafficking in persons during the past year. They argued that both
policymakers and law enforcement officers in Andhra Pradesh have
made forward strides. It has taken time, they said, for law
enforcement to understand the unique needs of TIP victims. For
example, the authorities previously relied on the Immoral
Trafficking Prevention Act, which released traffickers on bail after
less than 48 hours of incarceration. Currently, however, law
enforcement officials arrest traffickers using non-bailable sections
of the Indian Penal Code, the NGOs representatives reported.
Knowing that their traffickers them will not get bail immediately,
victims are reassured and more likely to come forward. The NGO
representatives said the use of non-bailable sections of the penal
code is a very significant step forward.


4. Andhra Pradesh's progress on enforcement is exemplified by a
June 26 judgment of a Hyderabad court in which two traffickers were
sentenced to four and fourteen year, respectively, of "rigorous
imprisonment." The landmark judgment represents the state's first
ever TIP conviction. Prajwala, one of the NGOs participating in the
meeting, had filed the complaint that initiated the prosecution, and
its representative, Dr. Krishnan, praised the police and prosecutors
for their efforts. She noted that the victim received many death
threats but was able to testify despite the hostile environment due
to the support of the police and prosecutorial authorities. She
said "committed officers made a difference" and that the "case is a
testimony to the paradigm shift in the minds of enforcement
agencies."


5. There has also been progress on the policy front. The NGO
representatives said that pressure is building to amend the Immoral
Trafficking Prevention Act to cover customers of prostitution in
addition to the traffickers of sex workers. Furthermore, the NGO
representatives expect promulgation of a national witness protection
protocol, which will help increase prosecutions against traffickers.


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NGOS SAY MOVING TO TIER THREE WOULD BE UNFAIR
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6. The NGO representatives said that many states, including Andhra
Pradesh, have made serious efforts to combat TIP from a prosecution
standpoint (see reftels). They commended Andhra Pradesh's
groundbreaking training for law enforcement and judiciary officials
on TIP issues, and said the United Nations Office on Drugs and Crime
(UNODC) program has helped sensitize government officials to the
problem. They said programs like the UNODC's have shown tangible
results and they urged U.S. government support along the same lines.
Nonetheless, the NGO representatives said U.S. analysis of TIP in
India is overly focused on prosecutions.


7. Although India is making progress on the prosecution side, the
NGO representatives urged the U.S. to use a broader analysis that
evaluates India's efforts at prevention, rescue, and rehabilitation,
in addition to successful convictions. They said to get a proper
understanding of India's efforts to combat TIP, U.S. officials need
to move beyond consultations with the NGO and law enforcement
communities to the broader range of other stakeholders involved in
combating TIP, including district collectors, revenue officials, and
community representatives. The Ambassador asked what type of
support the U.S. could provide to improve India's broader anti-TIP
agenda. The NGO representatives said India has sufficient resources
to combat the problem, but the resources are allocated through many
different programs run by different government agencies. The U.S.
could provide technical assistance in interlinking these resources
so they can be effectively used to prevent TIP, as well as to rescue
and rehabilitate victims.


8. COMMENT: The NGO representatives, three women dedicated to
combating the scourge of human trafficking, unanimously expressed
their opposition to downgrading India to Tier 3 status. They said a
downgrade would be unfair and inaccurate. The 2007 report, in their
view, fails to acknowledge the substantial progress India has made
against trafficking. Moreover, they feel that the fundamental
approach of U.S. TIP analysis is overly focused on successful
convictions. They urged a broader approach which takes into account
efforts on prevention, rescue, and rehabilitation. Most critically,
they said that such a downgrade would have the opposite effect than
intended: it would undermine the substantial progress that states
such as Andhra Pradesh have made in combating TIP. The NGOs
endorsed the Ambassador's suggestion that a visit of senior TIP
officials to India in the near future include Hyderabad to see the
TIP situation for themselves, meet broadly with stakeholders, and
get a clearer sense of the very serious and complex problem and the
many efforts that are underway to address it. END COMMENT.


9. This message was coordinated with Embassy New Delhi and approved
by Ambassador Mulford.

HOPPER