MACEDONIA'S SUCCESSFUL ANTI-TIP RECORD: THE CASE

UNCLAS SECTION 01 OF 03 SKOPJE 000304 SIPDIS SIPDIS STATE FOR G - U/S DOBRIANSKI, G/TIP - AMB. LAGON FROM CHARGE D'AFFAIRES NAVRATIL E.O. 12958: N/A TAGS: PREL PGOV NATO MK SUBJECT: MACEDONIA'S SUCCESSFUL ANTI-TIP RECORD: THE CASE FOR TIER 1 SUMMARY ¶1. (SBU) This is a request for reconsideration or guidance. ¶2. (SBU) Embassy Skopje has worked intensively with the Macedonian government (GOM) to bring their anti-trafficking efforts up to international standards. We have documented Macedonia's success in meeting Tier 1 criteria for prosecution, protection, and prevention. IOM and other significant IOs concur with the facts we have presented. G/TIP's proposed recommendations for Macedonia call for it to continue doing what it is already doing in each category. In the absence of any factual information to indicate that Macedonia has not met the standards for Tier 1, we request reconsideration of the ranking decision, or an explanation of the basis for the decision, with specific examples of failure to meet the standards, that we could share with the Macedonian government. Macedonia is a willing, successful partner in the fight against trafficking, and we can best maintain our high cooperation through an objective assessment of their performance. Please advise. ¶3. (SBU) During the reporting period March 2007-March 2008, the GOM made appreciable progress in every area covered by the TVPA. GOM's hightened law enforcement efforts resulted in more prosecutions, more convictions and longer sentences imposed on traffickers. Using its new victim-centered anti-TIP procedures, the GOM identified 15 times more victims than in the previous reporting period and doubled the number of victims helped in shelters. As part of its fight against TIP, the GOM distributed approximately Euros 50,000 to NGOs applied in a range of related TIP assistance. The Prime Minister and other high-level GOM officials participated in a number of well-publicized anti-TIP campaigns. There were no new cases of official complicity in TIP activities, and old cases were prosecuted in a timely manner. Strong international anti-TIP cooperation led to unprecedented IC access to GOM anti-TIP operational and other information. ¶4. (SBU) Following are G/TIP's recommendations for Macedonia (G/TIP narrative for this year's TIP report): "continue to vigorously prosecute traffickers under the improved anti-trafficking legislation and sentencing guidelines, ensuring convicted traffickers receive adequate jail time; ;vigorously prosecute any trafficking-related corruption; continue to implement new standard operating procedures on victim identification and assistance, including the new "reflection period" for foreign victims; and continue to provide assistance to the shelters assisting Macedonian and foreign victims." ¶5. (SBU) We appreciate our recent exchanges with EUR and G/TIP regarding Macedonia's progress in combating trafficking-in-persons (TIP) over the period March 2007-March ¶2008. We share the Department's commitment to combating TIP and to providing an objective assessment of Macedonia's anti-TIP achievements. For the record, we would like to reiterate the concrete reasons why we believe Macedonia has met the objective criteria for inclusion in the 2008 reporting period as a Tier 1 country. End summary. PROSECUTION NUMBERS UP, MORE CONVICTIONS, LONGER SENTENCES ¶6. (SBU) During the reporting period, Macedonia markedly boosted anti-TIP law enforcement efforts. The rate of investigations, prosecutions and convictions was significantly higher than in the previous reporting period, as reflected below: --In 2008, there were 55 cases with 123 suspects prosecuted; of those, 30 cases with 70 defendants concluded with prison sentences. In comparison, in 2007, there were 48 cases with 104 suspects prosecuted; of those, 18 cases with 54 defendants concluded with prison sentences. --Compared to 2007, there were significantly more cases concluded in 2008 (60% more); more suspects convicted (30% more); and higher numbers of convicted traffickers receiving imposed sentences of one to nine years in prison (74%). SKOPJE 00000304 002 OF 003 --The average wait time for TIP and smuggling of persons cases to reach court was between 45 days and two months, a significant reduction compared to previous years. --Macedonian courts reduced their backlog of civil cases older than three years by 57.6% in 2008, and their backlog of cases older than one year by 38.3%. PROTECTION: MORE VICTIMS IDENTIFIED AND ASSISTED ¶7. (SBU) During the reporting period, the GOM identified 15 times more victims (249 versus 17 in the previous reporting period) and offered shelter, legal aid, medical help, witness protection, psychological assistance and vocational training to all of them. --The new victim-centered Standard Operational Procedures (SOP) mandate the police to treat all women discovered during raids as potential TIP victims, even if they claim to be acting with consent. The SOP also require the police to offer assistance to those victims. --The use of a new police manual on TIP, and the participation of joint NGO-GOM teams in raids and victim interviews, led to a doubling of the number of potential victims accepting shelter assistance. --The Ministry of Labor and Social Policy (MLSP) operated 27 social work centers to identify and support potential victims. Two new databases -- one for TIP perpetrators operated by the Ministry of Interior (MOI),and one for TIP victims operated by the MLSP -- led to better data collection, organization and reporting. TOUGHER CRIMINAL CODE SANCTIONS, BETTER VICTIM PROTECTION ¶8. (SBU) In January 2008, Parliament adopted the proposal of the Prime Minister's office for amendments to the Criminal Code to stiffen TIP-related sanctions, which brought Macedonian legislation into full compliance with the UN Palermo Convention against TIP. --A new Law on Foreigners gives residence permits for up to 10 months to foreign victims of TIP. MORE RESOURCES FOR COMBATING AND PREVENTING TIP ¶9. (SBU) The GOM put increasingly more institutional resources into combating TIP. In the period March 2007-March 2008, the GOM distributed approximately Euros 50,000 to five TIP-related NGOs and for a range of related TIP assistance (i.e. GOM experts working with NGOs; victim repatriations; provision of per diems and travel costs to GOM employees working with NGOs on TIP, etc.). --High-level GOM involvement emphasized the government's commitment to combating TIP. In December 2007, the Minister of Interior accepted Post's 2007-2008 seven-point action plan on TIP and in February 2008, the Prime Minister, the Ministers of Interior, Justice, and Labor and Social Policy participated in the televised official launching of the new TIP SOPs (see para 4 above). NO NEW CASES OF OFFICIAL COMPLICITY IN TIP; PROSECUTION OF OLDER CASES ¶10. (SBU) There was no evidence, and no allegations by domestic or international NGOs, of official complicity in any TIP-related cases during the reporting period. Macedonia maintained a strong record of prosecuting past official complicity in TIP and smuggling-related cases. --In May 2007, an appeals court confirmed the sentences of two policemen who had been sentenced on migrant smuggling charges in November 2006. --In March 2008, an Investigative Judge started preparing to prosecute the case of five policemen and one MOJ official for attempting to smuggle migrants in January 2007. SKOPJE 00000304 003 OF 003 --The GOM's efforts to attack overall corruption resulted in a 21 positive jump in Transparency International's 2007 corruption rating. In the period March 2007-March 2008, Macedonia prosecuted 20 cases of official (non-TIP related) corruption, charging 128 persons and sentencing nine of those persons to four years or more in prison. GOM SUPPORT FOR TIP PREVENTION AND DEMAND REDUCTION ¶11. (SBU) The GOM took concrete actions on TIP prevention and demand reduction. --The January 2008 amendments to the Criminal Code criminalize the actions of sexual service users, who "knew, or had every reason to know" that a sex service provider was a TIP victim. --Border police and NGO representatives distributed anti-TIP materials, while the MLSP, with OSCE financial support, launched the anti-TIP media campaign "It's Simple" in November 2007. --The Macedonian Ministry of Health and the GOM's National Committee on HIV/AIDS, together with a local NGO, worked with clients of sex workers, distributing materials about the health and legal consequences of using the services of commercial sex workers who could be TIP victims. --Macedonia does not contribute more than 100 soldiers to peacekeeping or other similar missions abroad, but in December 2007, the Ministry of Defense began "Force Protection" training that includes anti-TIP training for its combat forces in Afghanistan and Iraq. STRONG INTERNATIONAL ANTI-TIP COOPERATION ¶12. (SBU) A willing partner in our shared efforts to combat TIP, the GOM has shown complete support for and understanding of the problem of trafficking-in-persons. --The National Commission for Combating TIP Secretary's openness to the international community has resulted in unprecedented IC access to information on TIP raids and prosecutions. For the first time ever, IC representatives participated in every session of the National Commission. --Macedonia is markedly less hospitable to traffickers today than in the previous reporting period. Our colleagues in IOM and OSCE agree with us that the GOM's anti-TIP efforts warrant positive recognition of the gains Macedonia has made in fighting internal and external trafficking. NAVRATIL