Identifier
Created
Classification
Origin
08STATE125145
2008-11-25 22:48:00
UNCLASSIFIED
Secretary of State
Cable title:  

OSCE GUIDANCE: DRAFT MINISTERIAL DECISION ON

Tags:  OSCE PHUM PREL KTIP 
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VZCZCXRO9708
PP RUEHAST RUEHFL RUEHLA RUEHMRE RUEHPOD RUEHROV RUEHSR
DE RUEHC #5145/01 3302256
ZNR UUUUU ZZH
P R 252248Z NOV 08
FM SECSTATE WASHDC
TO RUEHVEN/USMISSION USOSCE PRIORITY 5887
INFO ORG FOR SECURITY CO OP IN EUR COLLECTIVE
UNCLAS SECTION 01 OF 02 STATE 125145 

SIPDIS

E.O. 12958: N/A
TAGS: OSCE PHUM PREL KTIP
SUBJECT: OSCE GUIDANCE: DRAFT MINISTERIAL DECISION ON
ENHANCING CRIMINAL JUSTICE RESPONSES TO TRAFFICKING IN
HUMAN BEINGS

REF: USOSCE 285

Per reftel request for guidance, the United States cannot
accept the Belarussian addition to preambular paragraph nine
referring to a global plan of action on preventing
trafficking. The United States, supported by the EU, has
opposed this plan at the United Nations, because it would
undermine the TIP Protocol, the role of the UN Conference of
Parties to the Crime Convention, and because the final
outcome of this plan undoubtedly be overly broad (lowest
common denominator). Once the reference to the global plan
of action is removed, Post may authorized to join consensus
on the text of draft ministerial decision MC.DD/11/08/Rev. 4,
which will be discussed at the November 26 Preparatory
Committee meeting.


2. (U) Begin Approved Text.

The Ministerial Council,

Highlighting its serious concern that trafficking in human
beings remains widespread in the OSCE region,

Considering that trafficking in human beings is a grave and
heinous crime that violates human dignity and undermines the
enjoyment of human rights and fundamental freedoms, and that
feeds organized criminal networks,

(Taking note) in this regard the entry into force of the
Council of Europe Convention on Action against Trafficking in
Human Beings,

Reaffirming all OSCE commitments to combat trafficking in
human beings with special regard to the OSCE Action Plan to
Combat Trafficking in Human Beings, including its Addendum on
Addressing the Special Needs of Child Victims of Trafficking
for Protection and Assistance (the OSCE Action Plan),and the
need for their implementation,

Reiterating the important role of the Special Representative
and Co-ordinator for Combating Trafficking in Human Beings
(Special Representative) in assisting the participating
States to implement the OSCE commitments on combating human
trafficking,

Reiterating its concern that, despite sustained measures
taken at the international, regional and national levels, the
number of victims of human trafficking which have been
identified and assisted remains limited, and few traffickers
have been brought to justice,

Recognizing that providing victims of human trafficking with
adequate protection and assistance and enhancing victim
identification are among the prerequisites for an effective
criminal justice response, including the prosecution of
traffickers and their accomplices, to human trafficking,

Reiterating that the commitment to combat this crime applies
equally to countries of origin, transit and destination,

Reaffirming our support for efforts by the participating
States in co-operation with international and regional
organizations, non-governmental organizations and other
relevant bodies to (consider the advisability of elaborating)
a comprehensive, co-ordinated and integrated approach to
combating trafficking in human beings, which includes, inter
alia, measures for preventing trafficking in human beings,
protecting and assisting victims, with full respect for their
human rights, and prosecuting traffickers, as well as to
combating the activities of transnational criminal
organizations and others that profit from the trafficking in
human beings,

Taking note of the OSCE Conference on Successful Prosecution
of Human Trafficking: Challenges and Good Practices that took
place in Helsinki, on 10 and 11 September 2008,

Determined to enhance effective criminal justice responses
to trafficking in human beings,

UNCLAS SECTION 01 OF 02 STATE 125145

SIPDIS

E.O. 12958: N/A
TAGS: OSCE PHUM PREL KTIP
SUBJECT: OSCE GUIDANCE: DRAFT MINISTERIAL DECISION ON
ENHANCING CRIMINAL JUSTICE RESPONSES TO TRAFFICKING IN
HUMAN BEINGS

REF: USOSCE 285

Per reftel request for guidance, the United States cannot
accept the Belarussian addition to preambular paragraph nine
referring to a global plan of action on preventing
trafficking. The United States, supported by the EU, has
opposed this plan at the United Nations, because it would
undermine the TIP Protocol, the role of the UN Conference of
Parties to the Crime Convention, and because the final
outcome of this plan undoubtedly be overly broad (lowest
common denominator). Once the reference to the global plan
of action is removed, Post may authorized to join consensus
on the text of draft ministerial decision MC.DD/11/08/Rev. 4,
which will be discussed at the November 26 Preparatory
Committee meeting.


2. (U) Begin Approved Text.

The Ministerial Council,

Highlighting its serious concern that trafficking in human
beings remains widespread in the OSCE region,

Considering that trafficking in human beings is a grave and
heinous crime that violates human dignity and undermines the
enjoyment of human rights and fundamental freedoms, and that
feeds organized criminal networks,

(Taking note) in this regard the entry into force of the
Council of Europe Convention on Action against Trafficking in
Human Beings,

Reaffirming all OSCE commitments to combat trafficking in
human beings with special regard to the OSCE Action Plan to
Combat Trafficking in Human Beings, including its Addendum on
Addressing the Special Needs of Child Victims of Trafficking
for Protection and Assistance (the OSCE Action Plan),and the
need for their implementation,

Reiterating the important role of the Special Representative
and Co-ordinator for Combating Trafficking in Human Beings
(Special Representative) in assisting the participating
States to implement the OSCE commitments on combating human
trafficking,

Reiterating its concern that, despite sustained measures
taken at the international, regional and national levels, the
number of victims of human trafficking which have been
identified and assisted remains limited, and few traffickers
have been brought to justice,

Recognizing that providing victims of human trafficking with
adequate protection and assistance and enhancing victim

identification are among the prerequisites for an effective
criminal justice response, including the prosecution of
traffickers and their accomplices, to human trafficking,

Reiterating that the commitment to combat this crime applies
equally to countries of origin, transit and destination,

Reaffirming our support for efforts by the participating
States in co-operation with international and regional
organizations, non-governmental organizations and other
relevant bodies to (consider the advisability of elaborating)
a comprehensive, co-ordinated and integrated approach to
combating trafficking in human beings, which includes, inter
alia, measures for preventing trafficking in human beings,
protecting and assisting victims, with full respect for their
human rights, and prosecuting traffickers, as well as to
combating the activities of transnational criminal
organizations and others that profit from the trafficking in
human beings,

Taking note of the OSCE Conference on Successful Prosecution
of Human Trafficking: Challenges and Good Practices that took
place in Helsinki, on 10 and 11 September 2008,

Determined to enhance effective criminal justice responses
to trafficking in human beings,


1. Encourages those participating States that have not yet
done so to ensure that all forms of trafficking in human
beings as defined in the OSCE Action Plan are criminalized in
their national legislation and that perpetrators of human
trafficking do not enjoy impunity;


STATE 00125145 002 OF 002


2. Encourages the participating States to ensure that
training on combating trafficking in human beings is included
in the curricula for law enforcement personnel and that
specialized anti-trafficking training is provided for
relevant officials in national prosecution services and the
judiciary. Each participating State will take into account
policies and consequences regarding trafficking in human
beings when instructing its military and civilian personnel
to be deployed abroad;


3. Urges the participating States to ensure that law
enforcement agencies and where appropriate the judiciary
co-operate with each other and with other bodies including
social services, and where appropriate with relevant civil
society organizations in order to enhance identification of
victims of human trafficking;


4. Encourages the participating States where appropriate and
where provided for by their respective laws to ensure that
civil society organizations engaged in protecting the rights
of victims of trafficking have a possibility to provide
assistance and support to victims also during criminal
proceedings, and in this context, to consider establishing
co-operation between law enforcement agencies and civil
society organizations;


5. Calls on the participating States to ensure that, when
authorities have reasonable grounds to believe that a person
is a victim of human trafficking, that person, will not be
deported until the identification process has been adequately
completed, and that person has been given appropriate
assistance, including, if required under domestic law, an
appropriate recovery and reflection period during which
deportation shall not be enforced;


6. Encourages the participating States to ensure that victims
of human trafficking have access without undue delay to
secure accommodation, psychological and medical treatment and
counseling regarding their legal rights and the services
available to them;


7. Calls on the participating States that have not yet done
so to provide for special measures of protection and
assistance for child victims of human trafficking throughout
criminal proceedings, in accordance with the principles of
the best interest of the child, (non-discrimination,
participation and the opportunity for the child
to be heard);


8. Urges the participating States that have not yet done so
to ensure that investigations into or prosecution of human
trafficking shall not be dependent upon a report or
accusation by a victim;


9. (Encourages the participating States to provide assistance
to victims of human trafficking willing to co-operate with
law enforcement or to act as witness in criminal proceedings
and to consider, on a case-by-case basis and in accordance
with national legislation assisting those victims unwilling
to do so);


10. Encourages the participating States to take measures in
accordance with the conditions under their respective laws so
that victims of human trafficking have the possibility of
obtaining fair and appropriate compensation for damage they
have suffered, and to claim damages during criminal and/or
civil proceedings as appropriate;


11. Calls for increased co-operation by national law
enforcement and prosecution agencies with relevant
international bodies, including Interpol and Europol, and
with the law enforcement agencies of other participating
States, for example, through the use of liaison officers or
joint investigative teams, where doing so would enhance the
efficiency and effectiveness of criminal justice responses;


12. Urges the participating States to intensify measures to
disrupt trafficking networks, including by means of financial
investigations, investigations of money laundering connected
to human trafficking and the freezing or confiscation of the
assets of human traffickers;


13. (Tasks the Special Representative within existing
resources as a part of regular reporting to the Permanent
Council to submit recommendations which the Special
Representative would develop in co-operation with
participating States on ways to further enhance criminal
justice responses to trafficking in human beings).

End text.
RICE