Identifier
Created
Classification
Origin
08BAKU182
2008-03-03 08:51:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Baku
Cable title:  

AZERBAIJAN: EIGHTH ANNUAL TRAFFICKING IN PERSONS REPORT

Tags:  PHUM PREF ELAB KCRM KWMN KFRD SMIG AJ 
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VZCZCXYZ1718
RR RUEHWEB

DE RUEHKB #0182/01 0630851
ZNR UUUUU ZZH
R 030851Z MAR 08
FM AMEMBASSY BAKU
TO SECSTATE WASHDC 4839
UNCLAS BAKU 000182 

SIPDIS

SENSITIVE

SIPDIS

DEPARTMENT FOR G/TIP; G; INL; DRL; PRM; AND EUR/CARC
DEPARTMENT PLEASE PASS USAID

E.O. 12958: N/A
TAGS: PHUM PREF ELAB KCRM KWMN KFRD SMIG AJ
SUBJECT: AZERBAIJAN: EIGHTH ANNUAL TRAFFICKING IN PERSONS REPORT

REF: 07 STATE 02731


SENSITIVE BUT UNCLASSIFIED - NOT FOR INTERNET DISTRIBUTION.

UNCLAS BAKU 000182 SIPDIS SENSITIVE SIPDIS DEPARTMENT FOR G/TIP; G; INL; DRL; PRM; AND EUR/CARC DEPARTMENT PLEASE PASS USAID E.O. 12958: N/A TAGS: PHUM PREF ELAB KCRM KWMN KFRD SMIG AJ SUBJECT: AZERBAIJAN: EIGHTH ANNUAL TRAFFICKING IN PERSONS REPORT REF: 07 STATE 02731 SENSITIVE BUT UNCLASSIFIED - NOT FOR INTERNET DISTRIBUTION. ¶1. (U) Paragraph 4 below provides Embassy Baku's submission on the status of action the GOAJ has taken to combat human trafficking. Answers are keyed to questions in reftel. ¶2. (SBU) Summary: Anti-TIP efforts in the Republic of Azerbaijan are conducted under the direction of the Deputy Minister of Internal Affairs (MIA),Vilayet Eyvazov, who serves s the National Coordinator for the Fight AgainstTrafficking in Persons and the Anti-TIP Unit which was created in August 2006 and operates under the national coordinator's direction within the MIA. While the GOAJ has improved the infrastructure to combat TIP in the past year there is still work to be done for real reform. A lack of a national referral mechanism and open channels of communication and cooperation between NGOs and the GOAJ is limiting the opportunity to improve the GOAJ's efforts to combat TIP. Lack of TIP training for prosecutors, judges and law-enforcement officials and treatment of victims in courtroom settings is also hampering anti-trafficking efforts. End Summary. OVERVIEW OF CURRENT CONDITIONS -------------- ¶3. (SBU) The Embassy met with international organizations, domestic non-governmental organizations (NGOs),and GOAJ officials to discuss TIP throughout the course of the reporting period. While accurate statistics on trafficking in Azerbaijan do not exist, more information is becoming available as the issue gains attention from international organizations, local NGOs, and the GOAJ. In early January the much-anticipated national TIP-hotline was opened and is now accessible toll-free both within Azerbaijan and internationally. The hotline is currently understaffed with only one full time operator hired but there are plans to hire an additional three operators plus a pool of qualified applicants to deal with attrition. Operators will be women who have participated in special training and who have passed a background investigation. The hotline is located in a residential building still under major construction and lacking heat and running water. No other apartments appeared to be occupied and there were telephone and electrical wires running across the ceiling o
f the outside hallway. OSCE provided the equipment for the hotline. The TIP victims' shelter which opened in October 2006 is now fully renovated and operational. There were 29 victims who used the shelter during the reporting period. The shelter is operated by a local NGO that receives funding from the GOAJ. There is widespread belief among local NGOs and IOs that the director of the shelter and the NGO are close to the GOAJ and not fully independent. As reported by OSCE and ILO, salaries for shelter staff are inadequate. Despite improvements in the infrastructure to fight trafficking in persons, other barriers still exist that are preventing further progress. Most notable is the lack of a national referral mechanism to assist law enforcement agencies and first line responders to effectively identify and provide quality care to trafficking victims. Despite claims by the GOAJ that there will be a national referral mechanism issued as part of the new national TIP action plan as soon as March or April 2008, most IOs and NGOs doubt this timeline and there has been little involvement by these groups during the drafting process. It should be noted that many domestic NGOs have received extensive TIP training on a national referral mechanism through USG and IO funding in 2006 but they have done little in this area mostly due to their inability to work together. As of the date of this report, there have been no concrete steps towards implementing a national referral mechanism by the GOAJ. Another key area of concern is prosecution efforts by the GOAJ. IO's noted a lack of training for prosecutors and judges on handling TIP cases and their lack of understanding of the issue as two areas that need to be addressed. OSCE monitored some TIP trials and described judges' intolerance toward victims and in one case observed a judge insulting the victim (both during court proceedings and in the corridor afterwards). According to the director of one domestic NGO, courts are the biggest obstacle in Azerbaijan, explaining that cases rarely get decided in favor of the victim, due to judicial bias, corruption and cases being badly prosecuted. She reported that cases may begin as TIP but then are referred to another Department where the victims are treated and prosecuted as criminals. The overall lack of public awareness regarding TIP is also a problem. The GOAJ has not organized enough prevention programs; specifically, programs that target potential trafficking victims and also those who fuel the demand for sexual and forced labor exploitation. Part of the national action plan should include definitive steps towards raising the awareness of the public to TIP with additional resources and programs targeted to high risk groups. Finally, it should be noted that although there were several training courses given by other international organizations in Azerbaijan, the USG through its implementers was not able to directly provide any training to law enforcement. This was due primarily to previous concerns over possible human rights violations by members of the MIA anti-trafficking unit, as the unit previously was part of the MIA's Organized Crime Unit. This issue should be resolved by spring 2008 and we hope to have a broad range of training in the upcoming reporting ccle. This training should provide the basic skils sets needed for Azerbaijan to run an effectiveanti-trafficking program. BEGIN TEXT OF THE REPORT: -------------- ¶4. (SBU) A. Azerbaijan is primarily a country of origin and transit. There are no accurate or reliable numbers available to show the true extent of the problem but according to the GOAJ, 101 victims of trafficking were identified in 2007 (100 women, 1 man, no children). IOM reported that most victims were from Azerbaijan with the rest coming from Russia, Kazakhstan and Uzbekistan. According to the GOAJ and to several local NGOs, the Azerbaijani exclave of Nakhchivan has become a transit point for women trafficked to Turkey. A Nakhchivan-based NGO reported that Nakhchivan is also sometimes used as a transit point for victims trafficked to Iran although other NGOs based in Nakhchivan reported that there was a decrease in TIP cases in the region which they attributed to a combination of GOAJ intervention and the movement of TIP activity deeper undergound. It should be noted that there was no reliable information regarding trafficking to, from, or through the Azerbaijani territory currently occupied by Armenian forces, including Nagorno-Karabakh. The GOAJ does not exercise control over this territory. According to the GOAJ, Azerbaijani victims were trafficked primarily by air to the United Arab Emirates, Turkey, Iran, Pakistan, India, and Russia. IOM assisted 11 victims in 2007 and the countries of origination for victims in order of prevalence were Russia, Uzbekistan and Kazakhstan and the countries of destination in order of prevalence were Turkey, UAE, India, Pakistan and Iran. IOM did not provide exact numbers of victims for each country. According to GOAJ statistics, in 2007, all TIP victims were for sexual exploitation, none for forced labor. Local non-governmental organizations believe that these numbers are not accurate and that trafficking of men for labor is a growing problem. Local NGO's believe that lack of specific training for Anti-TIP investigators is the reason that no cases of forced labor were reported. The primary source of information on trafficking is the Anti-TIP unit which maintains an analytical section within the unit for storing and reporting this information. Other sources of information include the OSCE, IOM and ILO with smaller contributions from local NGO's. As stated above, the true extent of the problem is unknown and all data is considered inaccurate or incomplete. Rumors persist that some GOAJ officials are complicit in trafficking crimes but no concrete proof exists and the GOAJ denies that this occurs. It is difficult to identify vulnerable populations due to the overall lack of information on TIP crimes; however, it is believed that most victims are women who are lured abroad for better economic conditions, including those who knowingly agree to work in the sex industry. Local NGOs reported that traffickers are increasingly using the prospect of marriage to lure victims. This is often through religious marriages, which mostly occurs in Azerbaijan's southern regions. In spite of GOAJ and NGO attention to the matter, religious and early marriages remain a taboo topic and no concrete information is available. Women continue to be the group at the highest risk for trafficking based on the statistics provided by the GOAJ with a growing concern that men are being targeted for exploitation of labor both within Azerbaijan and also to neighboring countries. There is no reliable source of information to indicate that refugees, orphans and other groups of economically disadvantaged people are at risk but members of civil society are concerned that these groups are being targeted with little effort by the GOAJ to prevent this. --B. International organizations report that this year there seems to be an increase of news articles pertaining to the arrest of traffickers with stories appearing every one to three days. This is in contrast to 2006 when there was very little information reported. The IO's doubt the credibility of these reports and suggest that this is either quota filling by the GOAJ or prostitution cases reported as trafficking crimes. According to the GOAJ, there were 300 people arrested for crimes relating to sexual exploitation, of which 85 people identified as traffickers. Since the last reporting date there have been 88 TIP criminal cases initiated with 75 cases referred to the court system. The remaining cases are still in the investigative stage. During the year the GOAJ identified 33 unorganized crime groups and 8 organized crime groups conducting human trafficking operations in Azerbaijan. Three of these organized crime groups are believed to be exclusively formed for the purpose of human trafficking. The GOAJ believes that there are no foreigner traffickers operating in Azerbaijan but it is impossible to verify the veracity of that statement. The GOAJ believes that most traffickers are individuals who are familiar with their victim or victims and use deception or false promises to lure them overseas for sexual exploitation. The overall majority of traffickers are women. The GOAJ believes this is due to increased awareness by criminal organizations who understand that women criminals (or specifically, pregnant women and women with children) often receive lighter sentences. It is believed that a combination of false documents and bribing officials (in particular border guards) are the primary vehicles to move victims out of the country. --C. In 2006 a national coordinator for the fight against trafficking in persons was created along with a separate Anti-TIP unit also formed to combat human trafficking in Azerbaijan. Both the national coordinator and Anti-TIP unit are under the authority of the MIA. There is also a national government TIP working group that includes the Ministry of Internal Affairs, Ministry of National Security, Ministry of Foreign Affairs, Ministry of Youth and Sports, Ministry of Culture and Tourism, Ministry of Education, Ministry of Justice, Ministry of Labor and Social Protection, Ministry of Health, the Prosecutor General's Office, the State Committee for Family, Women and Children's Issues, the State Border Services and the State Customs Committee. The National Coordinator, who is also a deputy minister in the MIA, chairs this working group and also has the lead for all TIP activities in Azerbaijan. --D. Despite a dramatic increase in national revenues as a result of Azerbaijan's energy resources, the GOAJ has not yet allocated sufficient money to effectively deal with this issue. Money has been spent on improving the infrastructure for agencies combating TIP including a new office building for the Anti-TIP unit, the renovation of the victims' shelter, and the recent opening of the TIP hotline but training and salaries for employees remains inadequate. IOs agree that a serious problem with the GOAJ TIP efforts is the low salaries of Anti-TIP employees which are considered inadequate. Corruption continues to be a problem throughout Azerbaijan including within the government. While there is no concrete evidence that shows GOAJ officials involved in human trafficking, the low salaries of these officials increases the likelihood of bribery or other form of corruption. Regarding victims assistance, the GOAJ provides for a one time payment to trafficking victims of forty dollars which is a small amount based on the cost of living in Azerbaijan. --E. The GOAJ periodically provides statistics and updates on anti-TIP efforts to the USG and other international partners however detailed reports including information on individual cases are not available. The Anti-TIP Unit conducts weekly meetings with section heads and the analytical section prepares weekly, monthly and quarterly reports to assist with data review. The GOAJ claims to conduct annual performance evaluations of its investigators however the lack of clarity with their responses suggests otherwise. All assessment information is disseminated by the national coordinator who provides press releases and interviews highlighting anti-TIP efforts. It should be noted that these assessments are rarely critical or offer areas for improvement. INVESTIGATION AND PROSECUTION OF TRAFFICKERS -------------- --A. In June 2005 the GOAJ adopted the Law on the Fight Against Trafficking in Persons (amended in January 2006),and in October 2005 adopted relevant criminal code amendments to establish penalties for the crimes outlined in the law. The law was written in close consultation with the international community and as such, meets international standards and covers a plethora of TIP circumstances. The law itself bans trafficking for the purposes of human exploitation, which includes a broad range of activities including sexual exploitation, forced labor, slavery, recruitment for unlawful activity, etc. The law makes no distinction that the activity must involve crossing international borders. The law also sets out an ambitious program thatrelevant authorities within the GOAJ must undertae in order to investigate, prosecute, and prevent trafficking, as well as provisions for victim protection and rehabilitation. Prior to the law's passage and adoption of criminal code amendments, traffickers were convicted under the country's laws that covered trafficking-related crimes. Outside of the law specifically criminalizing TIP, traffickers may be prosecuted under articles prohibiting slavery, rape, forced prostitution, sexual coercion, operation of brothels, the trade and transit of minors, and involvement of minors under the age of 16 in sexual coercion, prostitution or other obscene acts, and travel document forgery. Taken together, these laws encompass the full scope of possible trafficking activities. The above represents a full inventory of trafficking laws in Azerbaijan, with the relevant penalties described below. The 2005 TIP legislation included, for the first time, the possibility of confiscation of property. While roughly equivalent to a civil forfeiture law, this provision is included in the criminal code. In February 2008, as a result of the national TIP working group's recommendation, the Cabinet of Ministers approved the order on "Rules for Immediate and Unconditional Referral to Ant-TIP Unit." This order requires that all relevan law enforcement agencies must refer traffickingcases to the Anti-TIP unit and that this unit has sole jurisdiction over the investigation of these cases including traffickers and victims. Since enactment of this decree there has been one case referred from the city of Ganja located in the western part of the country. --B. The criminal code amendments passed by Parliament in October 2005 established the following penalties for "human trafficking" without distinction as to the type of human trafficking: -- Trafficking of one human being is punishable by five to ten years' imprisonment and confiscation of property. -- Trafficking of more than one person, committed repeatedly, or with various special circumstances is punishable by eight to 12 years' imprisonment with confiscation of property. -- Trafficking that results in the death of a victim or other grave results due to negligence is punishable by ten to 15 years imprisonment with confiscation of property. The criminal code also outlines penalties for dissemination of con fi dent ial information about a TIP victim, which is a fine of 100 to 500 times the "nominal fiscal unit," equal to 1 new manat or approximately USD 1.19, (the average monthly salary is approximately USD 140); up to 240 hours of community service; or up to one year of correctional labor. Should the same act be committed by a person using his or her official status, the fine is increased to 500 to 1,000 times the average monthly salary; one year of correctional labor; or up to six months' imprisonment. If the same actions include grave results, the punishment is one to five years' imprisonment. In 2007, according to the GOAJ, 85 people were punished under the law on trafficking in persons for sexual exploitation. Of these, 16 were given house arrest or other form of travel restriction, 15 received suspended sentences, 6 were required to pay a fine as punishment and 11 received delayed sentences due to a current medical or other temporary condition. The remaining received jail sentences ranging from one year up to ten years for a repeat offender. --C. Trafficking for labor exploitation, like other forms of trafficking, is punishable as "human trafficking" under the criminal code, with penalties as described above. While labor recruiters in labor source countries are convicted under the article on "human trafficking," employers and labor agents who confiscate workers' passports and keep workers in a state of service are convicted under a separate article on forced labor. This is punishable by up to two years of correctional work or imprisonment, unless it is organized and carried out by a group, in which case the law would consider it an aggravating circumstance and increase the punishment to three to five years of imprisonment. As mentioned above, there were no cases of trafficking for labor exploitation reported by the GOAJ. --D. Under the criminal code provisions, traffickers prosecuted for sexual violence (which can include rape, compulsion to prostitution, compulsory sterilization or commitment against persons of other actions connected to sexual violence) may receive a jail sentence of ten to 15 years or life imprisonment. Rape itself is punishable by four to 15 years. Violent actions of a sexual nature carry a sentence of three to eight years, or up to 15 if the victim is a minor, dies, or contracts HIV. Coercion into sexual actions is punishable by a fine, corrective works, or imprisonment up to three years. The more punitive charges are in line with the penalties for sex trafficking. --E. Prostitution is illegal in Azerbaijan. The activities of a prostitute, brothel owner/operator, pimp, and enforcer are all criminalized and the laws are enforced. The actions of clients are not criminalized. --F. During 2007, the GOAJ reported that it opened 88 criminal cases related to trafficking in persons. Thirteen cases were still under investigation at year's end. Out of the remaining 75 cases, all were sent to the courts for prosecution. As mentioned above, 16 traffickers received house arrest or restricted freedom sentences, 15 received suspended sentences, 6 were fined, and the remaining received sentences from 1-10 years. All cases were for trafficking for sexual exploitation and the majority was women traffickers. As of the draft of this report the GOAJ had provided the figures for number of women and men traffickers but they confirmed that for the most part they were women. There were 101 victims in 2007: 100 women, 1 man and no children. There is no data available or provided that shows if the traffickers are serving their full sentence or if they are being released early. In general there seems to be less information about prosecutions than about investigations, mostly due to the relative small amount of specialized training for prosecutors and judges and the lack of a concentrated effort for prosecution of traffickers. --G. The majority of TIP training in 2007 was provided through funding from the USG and international organizations. The GOAJ provided funding for officials to attend international conferences and trainings throughout the year. In 2007 GOAJ officials attended trainings and seminars in New York, Minsk, Warsaw, Istanbul, Tbilisi and Chisinau with a 20 day TIP training in Baku organized and funded by OSCE. No details were provided on what type of training was provided at each event. The GOAJ has stated that the goal is to provide training to the operational staff working on TIP issues whenever possible. For the OSCE training all operational staff of the Anti-TIP unit attended and received TIP training pertaining to investigative techniques and identification of victims. The GOAJ has incorporated TIP-specific training into its regular courses for police units and prosecutors throughout the country although local NGOs and IOs point out that trafficking in persons is taught at the police academy as part of the human rights training cadets receive. The GOAJ provides and briefs its officers and prosecutors on the NAP and relevant legislation. --H. The GOAJ has signed bilateral extradition agreements with Turkey, Pakistan and UAE. According to the GOAJ there are currently seven Azerbaijani citizens awaiting extradition back to Azerbaijan. Additionally, the GOAJ has provided information to Interpol on 29 Azerbaijani citizens for their arrest for trafficking crimes. During 2007, in cooperation with the governments of Uzbekistan, Ukraine and Georgia the GOAJ was able to identify and prosecute a criminal group consisting of eight people that were operating a trafficking ring in all these countries. --I. As mentioned above, the GOAJ is currently working with UAE to extradite seven Azerbaijani citizens and has agreements in place with several other countries. An additional six Azerbaijani nationals were extradited from foreign countries last year. In principal, the GOAJ allows for the extradition of Azerbaijani nationals to other countries where the crime was committed however the GOAJ has said they have no prior experience with this situation. According to their procedures they consider the place of origination for trafficking is the jurisdiction under which traffickers should be prosecuted meaning if an Azerbaijani citizen committed a crime in a different country and returned to Azerbaijan the GOAJ would extradite that person if there was an extradition agreement in place. --J., K. There is no evidence of GOAJ involvement in or tolerance of trafficking on a local or institutional level. However, we suspect that low-level civil servants, local law-enforcement officers, and border guards may accept bribes in exchange for turning a blind eye to migrant smuggling and possible trafficking activities. High-ranking government officials are rumored to own some of the saunas and restaurants in Baku and in the regions where prostitutes work, but we have no evidence of the officials' investment or direct involvement in these businesses, nor do we know whether prostitutes working in those establishments are in fact trafficking victims. No government officials have been prosecuted for trafficking or trafficking-related corruption. --L. This paragraph does not apply to Azerbaijan. --M. There is no evidence of child sex tourism in Azerbaijan. PROTECTION AND ASSISTANCE TO VICTIMS -------------- --A. The Law on Trafficking passed in 2005 provides for relief from deportation for victims for up to one year. If a victim cooperates in the investigation, the victim is entitled to stay until the court case is completed. A victim can also apply to the relevant government authorities for immigrant status. --B. In October 2006, the GOAJ opened a permanent shelter for TIP Victims which is now fully renovated and operational. The shelter has the capacity to handle 45 people at one time and provides access to legal, medical, and psychological services for TIP victims. Families of underage TIP victims can also be housed in the shelter. In 2007 there were 29 victims who were referred to the shelter and agreed to stay there. The shelter is run by a local NGO closely associated with the GOAJ and which primarily receives funding from the GOAJ. There are limited medical facilities on site but the shelter has an agreement with a nearby hospital to treat victims in need of medical attention. The GOAJ also arranges legal, medical and psychological assistance to victims if the victim requests it. Local NGOs report that many victims prefer to seek shelter through friends or other NGOs that are viewed as more independent from the GOAJ. There are no exact numbers or data to show the extent of this housing method. According to the GOAJ, the Ministry of Labor and Social Protection is developing rehabilitation centers in the outlying regions of Azerbaijan to assist victims with acquiring job skills and future employment. The GOAJ recently opened an NGO-led National TIP hotline; however the hotline is understaffed and lacks standard operating procedures for working with trafficking victims. Additionally, the hotline number is the same as a city area code and the hotline receives many inadvertent calls as a result. The GOAJ has promised to correct this situation. There has been little advertisement of this hotline but the GOAJ has stated that once the hotline is officially opened (currently planned for the first half of March 2008) and more staff is hired they will increase the public outreach efforts. Like the shelter, the hotline is run by an NGO that receives the bulk of its funding from the GOAJ and is considered by many to be very close to the government. --C. The GOAJ has created a trafficking victims fund through the Ministry of Social Protection and Labor and money is also received from the Refugee and Internally Displaced Persons State Committee to assist with food and clothing. According to the GOAJ, trafficking victims receive a one time payment equivalent to $40 for relocation assistance. As stated above, the GOAJ provides funding to the NGOs that operate the shelter and hotline. According to the GOAJ, these NGOs work with a total of eight NGOs at the shelter and hotline but it was unclear if the GOAJ funds these other NGOs. There is no way to determine or estimate the exact dollar amount of government assistance however, as mentioned previously, the salaries of the NGO employees are considered inadequate. --D. The NAP and the accompanying TIP legislation includes training for NGO groups, police specialists, and other government officials in how to recognize trafficking and provide assistance to trafficked victims although many officials still lack the necessary training and skills to perform this function effectively. There remains no national referral mechanism nor central program in place to transfer victims who are detained or held in protective custody by law enforcement agencies to civil society institutions or NGOs who specialize in providing this care. IOM reported that they assisted eleven victims in 2007 but they were not referred by the GOAJ. Of the 29 victims placed in the shelter all were referred by the GOAJ. --E. This paragraph does not apply to Azerbaijan. --F. The Embassy has received no reports of trafficking victims being jailed. The GOAJ reported that former victims of trafficking have been convicted for involving others in prostitution, but we have no evidence that victims of trafficking have been prosecuted for violations of the law because of their actions while being trafficked. --G. Trafficking victims rarely file civil suits or seek legal action against the traffickers, but there are no legal restrictions on their ability to do so. There are no restrictions on a witness' actions during a court case. Once the victims' assistance shelter procedures are fully in place, there will be a standardized process for obtaining testimony from victims and asking permission to use their testimony in court. The TIP law permits a victim to gain employment elsewhere if he or she is a witness in a case against a trafficker; it also permits a victim to remain in the country if he or she wishes. The TIP law also provides for a victim restitution program. According to the GOAJ eleven victims received compensation from the traffickers as part of the criminal proceedings. One victim reportedly received $2500 and another received $6000 as compensation damages. There was no information regarding the other nine victims. --H. The GOAJ is unable at this time to provide special protection for victims and witnesses beyond providing short-term protective custody. The MIA, and specifically vetted officers of a specific division of the SPATS, provides security for victims housed in the shelter. No victims were assisted by direct government funded programs. Twenty nine victims received assistance from non-government programs via the shelter. --I. In 2007, the GOAJ reported that the MIA conducted TIP-related training for employees of the Police Academy, the Ministry of Justice's Legal Education Center, and the Prosecutor General's Office's Education Center. According to the GOAJ, state officials also participated in TIP-related training in New York, Minsk, Warsaw, Istanbul, Tbilisi and Chisinau plus a 20 day TIP training in Baku organized and funded by OSCE. Under the GOAJ's TIP legislation, embassies and consulates are instructed to provide quickly the necessary documentation for victims abroad to return to Azeraijan. There were no instances of embassies or cnsulates providing assistance to trafficking victis during the reporting period. --J. The GOAJ provides medical assistance and shelter to repatriated victims at the TIP victims' assistance shelter. Victims of trafficking are entitled to financial compensation under the TIP law. --K. IOM conducts substantive research on the trafficking problem in Azerbaijan and also works directly with victims although the lack of a dedicated staff member to TIP has hindered their ability to address this issue. The USG, IOM, ILO and OSCE provide guidance and conduct anti-TIP programs. ILO organized a workshop regarding drafting and implementing a national action plan that was attended by local NGOs, IOs and GOAJ officials from the relevant agencies including the national coordinator for the fight against TIP. ILO has also created a steering committee for their Anti-TIP program consisting of members from these same organizations. There are a number of domestic NGOs that also deal with the problem of trafficking, including Clean World, the Women's Crisis Center, the Center for Legal Assistance to Migrants, Symmetry, the Forum of Azerbaijan NGOs on Migration (FANGOM, a network of 35 NGOs),and the Azerbaijan Children's Union. There are also several regional NGOs that concentrate on trafficking programming. These NGOs serve primarily as contact points for at-risk populations and engage in some information campaigns about the dangers of trafficking. Two of these organizations also informally shelter local and foreign trafficking victims. The Center for Legal Assistance to Migrants provides free legal services to trafficking victims and works with other NGOs to coordinate services. The Women's Crisis Center operates a crisis hotline and provides free legal, psychological, and medical services. PREVENTION -------------- --A. The GOAJ acknowledges that TIP occurs in Azerbaijan and consistently states its commitment privately and publicly to developing more effective activities and policies to combat TIP to prevent the development of a large-scale problem. --B. The GOAJ claims to work with 30 NGOs and arranges quarterly meetings with NGOs located in the regions. According to the national coordinator, the GOAJ does not work with five NGOs due to the claims by government officials that the directors of these NGOs were seeking personal gain. The GOAJ also claims to work with civil society groups to arrange informational sessions in schools and other public places. In the past year, TIP pamphlets were published and distributed in the regions and staff members of the Anti-TIP group are scheduled to appear on talk shows to raise public awareness and understanding. There doesn't appear to be a coordinated national advertisement campaign about this issue, however, and overall public awareness of this issue is very low. --C. The GOAJ takes the lead on Anti-TIP efforts. However, relations with NGOs, IOs and other civil society organizations are mixed. The GOAJ has shown a willingness to cooperate on training programs with IO's and the USG as well as providing access to statistical data however access to Anti-TIP staff and detailed information on individual cases is difficult. Meetings with Anti-TIP unit staff require written approval from the national coordinator and despite promises to provide information on individual trafficking investigations none have been provided as of the date of this report. The GOAJ claims to work with over 30 NGOs and to have organized a meeting in April 2007 with 21 NGOs working on TIP in Azerbaijan. However, local NGOs and IOs have stated that they often are not included in GOAJ decisions nor are their suggestions elicited by the GOAJ. There is the belief among domestic NGOs and IOs that the government cooperates more with friendly NGOs and keeps at a distance those they consider to be opposition organizations. There was a credible report of the GOAJ refusing to attend TIP training because one of the presenters was considered to be a member of such an opposition organization. --D. The GOAJ has continued efforts to enhance active monitoring of its borders and its international airports, and increased training for immigration personnel. The MIA works with the State Border Services and the State Customs Committee to track passengers flying in and out of Baku's Heydar Aliyev International Airport in order to identify potential traffickers and trafficking victims, and to monitor seaports and land crossings. --E. The GOAJ, through the mechanism adopted in the 2004 National Action Plan, coordinates communication between various government bodies and international institutions. The multi-agency task force is headed by the National TIP Coordinator, who is also a Deputy Minister of Internal Affairs. The task force is composed of department heads from the Ministries of Justice, National Security, Labor and Social Welfare, Youth and Sport, Culture and Tourism, Economic Development, and Health, as well as the Prosecutor General's Office, the President's Office, the State Border Service, and the State Customs Committee. The National Coordinator serves as the single point of contact for anti-TIP efforts. Under the 2004 legislation on combating corruption, the GOAJ established the Anti-Corruption Commission led by the President's Chief of Staff, which includes other members of the President's Office, the Ministry of Internal Affairs, Ministry of National Security, Parliament, the Constitutional Court, the Prosecutor General's Office, and the Ministry of Justice. The Anti-Corruption Commission submits annual reports to the President, Parliament, and the Constitutional Court. As stated above, the Cabinet of Ministers approved a decree on the referral of trafficking cases by all law enforcement agencies to the MIA's Anti-TIP unit and establishes that this unit will have sole jurisdiction on the investigation of these cases. This decree was enacted at the request and suggestion of the national TIP working group. --F. The current National Action Plan (NAP) to address TIP, which was adopted in 2004 expired in December 2007. According to GOAJ officials there is a draft NAP that is in the process of being approved by the government and they expect this new NAP to go into effect sometime in March 2008. According to IOs and local NGOs there has been less cooperation with the GOAJ during this process. Most agree that this is a result of the GOAJ's confidence in their ability to draft a NAP without assistance. --G. The GOAJ has attempted to reduce the demand for commercial sex acts primarily through law enforcement methods, targeting brothels, hotels and saunas for sting operations to identify and arrest those involved in prostitution or other illegal sexual activities. The GOAJ reported that in 2007, 300 people were arrested and charged with crimes relating to sexual exploitation. There is no evidence that the GOAJ is conducting a public outreach campaign that specifically targets potential clients or victims of the sex trade. ¶5. Post's TIP point of contact is Scott Whitmore, 994-12-498-0335, Email: whitmoresl@state.gov. Post estimates that it has devoted approximately 60 hours of officer and FSN time to preparing this report. DERSE

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