Identifier
Created
Classification
Origin
08STATE132759
2008-12-19 03:39:00
UNCLASSIFIED
Secretary of State
Cable title:  

PREPARING THE NINTH ANNUAL TRAFFICKING IN

Tags:  KTIP ELAB KCRM KFRD KWMN PGOV PHUM PREF 
pdf how-to read a cable
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DE RUEHC #2759/01 3540351
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P 190339Z DEC 08
FM SECSTATE WASHDC
TO ALL DIPLOMATIC AND CONSULAR POSTS COLLECTIVE PRIORITY
RUEHTRO/AMEMBASSY TRIPOLI PRIORITY 4733
UNCLAS SECTION 01 OF 09 STATE 132759 

SIPDIS

E.O. 12958: N/A
TAGS: KTIP ELAB KCRM KFRD KWMN PGOV PHUM PREF
SMIG
SUBJECT: PREPARING THE NINTH ANNUAL TRAFFICKING IN
PERSONS (TIP) REPORT

REF: (A) 2006 STATE 202745; (B) 2007 STATE 150188

--------------------------
SUMMARY AND ACTION REQUEST
--------------------------

UNCLAS SECTION 01 OF 09 STATE 132759

SIPDIS

E.O. 12958: N/A
TAGS: KTIP ELAB KCRM KFRD KWMN PGOV PHUM PREF
SMIG
SUBJECT: PREPARING THE NINTH ANNUAL TRAFFICKING IN
PERSONS (TIP) REPORT

REF: (A) 2006 STATE 202745; (B) 2007 STATE 150188

--------------
SUMMARY AND ACTION REQUEST
--------------


1. (U) This is an action message for all posts. See paras
12-29. This cable describes the annual reporting
requirement for Trafficking in Persons (TIP) and provides
instructions for posts' contributions. The Trafficking
Victims Protection Act (TVPA) of 2000, as amended,
requires the Department to submit this report to Congress
by June 1st. Please note that Congress recently passed
the William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008; once this legislation is
enacted, the Department will provide guidance on
provisions that impact the TIP Report and post reporting
requirements. Post must submit responses (attn: G/TIP,
G-ACBlank, and relevant regional bureau offices) to
questions in paragraphs 27-30 by February 13, 2009, which
is two weeks earlier than in previous years. Please
answer each question individually, either including the
original question or identifying responses with the
corresponding number (letter) of the question in this
cable. Please include KTIP in the tags line. END
SUMMARY


2. (U) The TVPA (full text available at
www.state.gov/g/tip) mandates that the Department report
on the degree to which governments of those countries
with a significant number of victims of severe forms of
trafficking comply with the law's minimum standards for
the elimination of trafficking. For implementation
guidelines interpreting the TVPA's minimum standards,
please see Reftel B. Please note that the Report only
reviews government actions to combat trafficking and does
not consider activities by non-governmental organizations
when determining tier rankings. The criteria which must
be addressed, in order to assess a government's
compliance, are similar but not identical to those
covered by the Trafficking in Persons and Forced Labor
sections of the annual country reports on human rights
practices.


3. (U) Relevant information previously provided for the

Human Rights Country Reports or the TIP Interim
Assessment (for posts in "Special Watch List" countries)
may be included in post's submission. While information
submitted for last year's report may be used --
particularly in detailing a country's laws covering TIP -
- it is essential that post's response reflect any
changes or updates since March 2008.


4. (U) This report encompasses all forms of human
trafficking, which involves the use of force, fraud, or
coercion for the purpose of subjecting a person to
commercial sexual exploitation or forced labor, including
involuntary domestic servitude, bonded labor, forced
marriage, or other slave-like conditions. The term
"fraud" includes actions used to induce the victim's
behavior. In reporting on human trafficking, posts
should also be aware that the TVPA definition of
trafficking does not require that a person be moved from
one place to another. Trafficking may occur across
international borders or internally within a country.


5. (U) Labor trafficking often involves work in the
agricultural industry, work as domestic servants, or work
in low-skilled jobs, such as the fishing, mining,
construction, and textile industries, or restaurants and
markets. Labor trafficking can involve persons who have
migrated illegally or legally and consensually or
voluntarily accepted legitimate offers of labor, but
subsequently fall victim to conditions of involuntary
servitude. When contracts are not honored or are
replaced with new contracts containing less favorable
terms after workers arrive in a destination country,
workers may become victims of trafficking if they are
forced or coerced into continuing to provide their labor
under these changed conditions. Please keep in mind that
for the purposes of the TIP Report, all forced labor is
TIP.


6. (U) Smuggling vs. Trafficking: There is an important
distinction between human trafficking and migrant
smuggling. Unlike migrant smuggling where the individual

STATE 00132759 002 OF 009

SUBJECT: PREPARING THE NINTH ANNUAL TRAFFICKING IN
PERSONS (TIP) REPO
is free to go upon reaching the destination, the purpose
of human trafficking is exploitation, achieved through
force, fraud or coercion. Posts should try to determine
if host-country government statistics and information
clearly distinguish between smuggling and human
trafficking activity, and do not conflate these two
crimes. However, people can be trafficked even after
they willingly involve themselves with smugglers. It is
not determinative that a trafficked person initially
consented to or was initially complicit with a smuggler
in the smuggling activity. Traffickers often deceive
their victims about the true nature of promised
employment or circumstances at the destination.


7. (U) Children in Prostitution: Pursuant to the TVPA,
the use of force, fraud, or coercion is irrelevant to
children (those under 18 years of age) trafficked for
sexual exploitation. A child who is being prostituted by
a third party is presumed to be a trafficking victim in
accordance with the TVPA. Thus, in contrast to cases of
adult trafficking, proof of the trafficker's use of
force, fraud, or coercion to obtain the child's consent
to sex trafficking is not/not necessary. (Note: THIS
ONLY APPLIES FOR SEX TRAFFICKING).


8. (U) A Significant Number of Victims: The 2009 TIP
Report must include all countries of origin, transit, or
destination for a "significant number of victims" of
severe forms of trafficking in persons. Since the TIP
Report's creation, the Department has defined
"significant number" in this context to be "on the order
of 100 or more victims." This includes victims from
outside the host country who enter or transit the
country, as well as victims trafficked within their own
countries. Even if a post believes that a particular
country does not have a significant number of trafficking
victims, that post must still provide information to the
Department. All posts must address the questions in
para. 23(A) and (B),including the points on sources and
reliability. If the answer to the question is "no" (no
trafficking problem),and post specifies its sources and
indicates why it believes the sources to be adequate and
reliable, post should then respond only to questions in
paras. 22(B-J),28(A-E, and O),and 29(C and G). If the
answers to the first questions in para. 23(B) are "yes"
(there is a trafficking problem),post must respond to
all the questions in paras. 23 - 27. Inclusion of a
country on the TIP report, or placement on one of the
three tiers, may change from year to year.


9. (U) Law Enforcement Data Collection: In accordance
with the TVPA, a country will be presumed not to have
vigorously investigated, prosecuted, convicted, and
sentenced traffickers (TVPA Minimum Standard 4, criterion
(b)(1)) if it does not provide data, consistent with the
capacity of the country to obtain the data, on such law
enforcement activity. Similarly, a country with an
identified TIP-related corruption problem will be
presumed not to have vigorously investigated, prosecuted,
convicted, and sentenced officials who participate in or
facilitate trafficking if it does not provide data,
consistent with the capacity of the country to obtain the
data, on such law enforcement activity (TVPA Minimum
Standard 4, criteria (b)(7)) (see para 11 for more
guidance on anti-corruption efforts). Provision of such
data will be crucial in evaluating whether a country is
in compliance with key TVPA minimum standards and help to
determine tier ranking.


10. (U) Please avoid reporting "Trafficking-Related" Law
Enforcement Efforts: The Department does not accept
"trafficking-related" (e.g. prostitution, child
defilement/debauchery, and human smuggling offenses) law
enforcement statistics for inclusion in the TIP Report.
Instead, the Department requests data on "investigations,
prosecutions, convictions, and sentences of trafficking
crimes." The Department will accept only law enforcement
data that falls into one of two categories: (1)
investigations, prosecutions, convictions, and sentences
for offenses that are EXPLICTLY DEFINED AS TRAFFICKING;
or (2) investigations, prosecutions, convictions, and
sentences for offenses that are not defined explicitly as
trafficking but for which the facts - as presented by the
host government -- constitute a trafficking offense. Data
on TIP cases needs to be disaggregated from data on other
offenses, such as migrant smuggling.


11. (U) Data on Law Enforcement Efforts Against TIP-
related
Complicity/Corruption: One of the ten criteria under the
TVPA's Fourth Minimum Standard (section 108(a)(4) of the
TVPA) is the requirement that governments provide data on

STATE 00132759 003 OF 009

SUBJECT: PREPARING THE NINTH ANNUAL TRAFFICKING IN
PERSONS (TIP) REPO
investigations, prosecutions, convictions and sentences
of "public officials who participate in or facilitate
severe forms of trafficking." The Department applies
this criterion to countries in which there is reliable
information indicating that a TIP-related corruption
problem exists. The Department seeks data for
investigations, prosecutions, convictions, and sentences
of corrupt public officials that involve crimes RELATED
TO TIP (including but not limited to the fraudulent
issuance of visas or passports to smugglers involved in
TIP; tip-offs given to trafficking rings of impending law
enforcement action; bribes accepted by government
officials to facilitate the movement of trafficked
victims; and direct involvement in trafficking).

--------------
GUIDELINES FOR POST SUBMISSIONS
--------------


12. (U) ACTION FOR ALL ADDRESSEES: Department requests
all
Posts provide their submissions slugged for G/TIP, G-
ACBlank, and relevant regional bureau offices, based on
this guidance and checklist by February 13 so there is
adequate time to review and assess host government's
anti- trafficking efforts before the Congressionally
mandated deadline of June 1, 2009. (Note: this deadline
for post submissions was set two weeks earlier than
previous years in order to enable additional time for
discussions with post.) Please use the KTIP tag in the
tags line. The questions in the list below (paragraphs
23-27) are not exhaustive and posts are encouraged to
provide further detail or information. Please address
each major subheading and answer each question that is
applicable. If not applicable, please so indicate.


13. (U) The TIP report will cover efforts by governments
during the time period from April 2008 to mid-February

2009. However, if there is a major trafficking-related
event or events in late February or later that warrants
mention, post should send a supplemental response no
later than April 15th and the new information will be
included in the report.


14. (U) Post reporting officers should seek information
from all available sources, including, but not limited
to: government (including the Foreign, Interior, Labor,
Justice, Tourism, and any other ministries that address
trafficking, consular services, prosecutors, police,
border guards, and immigration officers); NGOs (including
charitable and religious organizations that work with
trafficked victims),trade unions, hospitals and/or
health centers; international organizations; media
reports; research studies; and other Mission elements
(other sections, consulates, other USG agencies
represented at post, etc.). (Note: In some cases NGOs
may not want to be publicly identified for safety
reasons. In such cases, please provide the
identification to the Department with a statement that it
not be publicly disclosed. End Note)


15. (U) Posts are asked to provide information on all
forms of exploitation that are induced by force, fraud,
or coercion. This includes, but is not limited to:
trafficking for commercial sexual exploitation, including
forced prostitution of adults and minors placed by third
parties in prostitution; and trafficking for labor
purposes, including involuntary servitude of adults and
children, bonded labor and unlawfully conscripted child
soldiers.


16. (U) As with previous years' reports, the Department
will use information from NGOs, the press, and
international organizations in addition to post reporting
in compiling the report. In addition, G/TIP is inviting
NGOs and intergovernmental organizations to send
information on trafficking directly to the office via
mail or via a G/TIP e-mail address: tipreport@state.gov,
which was established four years ago. The office will
use this information to supplement the information
provided by posts. The office will ensure that such
information and its sources are shared with the relevant
post in a timely manner, in part so that posts are able
to comment on the reliability of the source and/or
corroborate the information.


17. (U) Active Voice, Past Tense, Precise Dates, and Sums
of Money: In reporting anti-TIP actions undertaken by
governments between March 2008 and mid-February 2009,
please use the active voice and identify specifically the
entity undertaking the action. This is particularly
important for activities that are potentially carried out

STATE 00132759 004 OF 009

SUBJECT: PREPARING THE NINTH ANNUAL TRAFFICKING IN
PERSONS (TIP) REPO
by more than one party; e.g. victim protection
activities. Please use the past tense for all activities
conducted by the government between March 2008 and
February 2009, and include precise dates (month and year)
of the activities. If citing commitments of future
action, use the future tense and include dates of
projected completion, if available. As a general rule,
the TIP Report will not include projected activities or
commitments of future action as evidence of meeting the
minimum standards. When citing the financial worth or
funding amount for an activity, please provide its U.S.
dollar equivalent. Government actions taken in
partnership with non-governmental actors or international
organizations may be credited if government
support/participation is tangible and substantial.


18. (U) Posts' reports should be classified "SBU." Posts
may provide relevant information that is classified, for
example on corruption, in separate classified cables.


19. (U) As soon as each post submits its response, G/TIP
will review the information and draft the country
narratives. G/TIP may query posts, including relevant
regional POCs, for further clarification and additional
information as necessary. By the beginning of April
2009, G/TIP plans to share with post draft country tier
placements and supporting narratives. G/TIP will then
convene departmental meetings, in which the regional and
functional bureaus participate, to review these draft
country placements and reports. Posts will have an
opportunity to formally comment on their host country's
placement and TIP report narratives through the regional
bureaus' points of contact at these meetings.


20. (U) Posts may address questions to G/TIP staff as
follows:

For European countries covered by EUR/AGS, EUR/SE,
EUR/UBI, EUR/SCE, EUR/WE, and EUR/UMB contact both
Jennifer Donnelly (202) 312-9655, DonnellyJS@state.gov,
and Amy Rofman (202) 312-9655, RofmanAJ@state.gov;

For European countries covered by EUR/NB, EUR/NCE,
EUR/RUS, and the Caucasus, contact Megan Hall, (202) 312-
9844, HallML@state.gov;

For Africa (East, Great Lakes, Malawi, Mozambique,
Namibia, and Zimbabwe),contact Rachel Yousey, (202) 312-
9861, YouseyRM@state.gov;

For Africa (West and Central except Great Lakes),contact
Veronica Zeitlin, (202) 312-9673, ZeitlinVK@state.gov;

For Africa (Angola, Botswana, Lesotho, South Africa,
Swaziland, and Zambia),contact Stephanie Kronenburg,
(202) 312-0677, KronenburgSA@state.gov;

For the Central Asian Republics, contact Megan Hall
(contact info above);

For the Near East and South Asia, contact Mark Taylor,
(202) 312-9643, TaylorMB@state.gov;

For Australia, New Zealand and the Pacific, contact
Stephanie Kronenburg (contact info above);

For Northeast and Southeast Asia, contact Christine Chan-
Downer, (202) 312-9844, ChanCW@state.gov;

For WHA (Central and South America),contact Barbara J.
Fleck, (202) 312-9653, FleckBJ@state.gov; and

For WHA (Caribbean),contact Stephanie Kronenburg
(contact info above).

The regional bureau points of contact on TIP issues are:

AF/RSA: Linda Muncy, (202) 647-5803, MuncyLH@state.gov

EAP/RSP: Dan Tikvart, (202) 647-2313, TikvartDJ@state.gov

EUR/PGI: Jody Buckneberg, (202) 647-7117,
BucknebergJL@state.gov

NEA/RA: Rina Chatterji, (202) 647-3691,
ChatterjiR@state.gov

SCA/RA: Jessica Mazzone, (202) 647-8080,
MazzoneJR@state.gov

WHA/PCC: Scott Miller, (202) 647-5333, MillerSA@state.gov


STATE 00132759 005 OF 009


21. (U) Please slug all submissions for G/TIP, G-ACBlank,
INL, DRL, PRM, and the relevant regional bureaus' offices
(EUR/PGI, WHA/PPC, AF/RSA, SCA/RA, EAP/RSP, and NEA/RA).
Also, please include the following tags: KTIP, KCRM,
PHUM, KWMN, SMIG, KFRD, ASEC, PREF, and ELAB.
Additionally, please info USAID, Department of Justice,
Department of Homeland Security, Department of Labor, and
Department of Treasury. Lastly, please info the
appropriate post for any other country mentioned in your
report.


22. (U) In compiling the required information, Posts
should designate a single point of contact on
trafficking. Please provide the name, telephone number,
and fax number of this point of contact in your cable.
Posts are also asked to quantify the number of hours
spent per embassy officer and the ranks of those officers
in the preparation of the TIP report cable. OMB requires
the State Department to account for personnel time spent
on this report.

--------------
REPORTING QUESTIONS
--------------


23. (U) THE COUNTRY'S TIP SITUATION:

-- A. What is (are) the source(s) of available
information on trafficking in persons? What plans are in
place (if any) to undertake further documentation of
human trafficking? How reliable are these sources?

-- B. Is the country a country of origin, transit, and/or
destination for internationally trafficked men, women, or
children? Does trafficking occur within the country's
borders? If so, does internal trafficking occur in
territory outside of the government's control (e.g. in a
civil war situation)? To where are people trafficked?
For what purposes are they trafficked? Provide, where
possible, numbers or estimates for each group of
trafficking victims. Have there been any changes in the
TIP situation since the last TIP Report (e.g. changes in
destinations)?

-- C. What kind of conditions are the victims trafficked
into?

-- D. Vulnerability to TIP: Are certain groups of persons
more at risk of being trafficked (e.g. women and
children, boys versus girls, certain ethnic groups,
refugees, IDPs, etc.)?

-- E. Traffickers and Their Methods: Who are the
traffickers/exploiters? Are they independent business
people? Small or family-based crime groups? Large
international organized crime syndicates? What methods
are used to approach victims? For example, are they
offered lucrative jobs, sold by their families, or
approached by friends of friends? What methods are used
to move the victims (e.g., are false documents being
used?). Are employment, travel, and tourism agencies or
marriage brokers involved with or fronting for
traffickers or crime groups to traffic individuals?


24. (U) SETTING THE SCENE FOR THE GOVERNMENT'S ANTI-TIP
EFFORTS:

-- A. Does the government acknowledge that trafficking is
a problem in the country? If not, why not?

-- B. Which government agencies are involved in anti-
trafficking efforts and which agency, if any, has the
lead?

-- C. What are the limitations on the government's
ability to address this problem in practice? For
example, is funding for police or other institutions
inadequate? Is overall corruption a problem? Does the
government lack the resources to aid victims?

-- D. To what extent does the government systematically
monitor its anti-trafficking efforts (on all fronts --
prosecution, victim protection, and prevention) and
periodically make available, publicly or privately and
directly or through regional/international organizations,
its assessments of these anti-trafficking efforts?


25. (U) INVESTIGATION AND PROSECUTION OF TRAFFICKERS:

For questions A-D, posts should highlight in particular
whether or not the country has enacted any new
legislation since the last TIP report.

STATE 00132759 006 OF 009

SUBJECT: PREPARING THE NINTH ANNUAL TRAFFICKING IN
PERSONS (TIP) REPO
-- A. Existing Laws against TIP: Does the country have a
law or laws specifically prohibiting trafficking in
persons -- both for sexual exploitation and labor? If
so, please specifically cite the name of the law(s) and
its date of enactment and provide the exact language
[actual copies preferable] of the TIP provisions. Please
provide a full inventory of trafficking laws, including
non-criminal statutes that allow for civil penalties
against alleged trafficking crimes (e.g., civil
forfeiture laws and laws against illegal debt). Does the
law(s) cover both internal and transnational forms of
trafficking? If not, under what other laws can
traffickers be prosecuted? For example, are there laws
against slavery or the exploitation of prostitution by
means of force, fraud, or coercion? Are these other laws
being used in trafficking cases?

-- B. Punishment of Sex Trafficking Offenses: What are
the prescribed and imposed penalties for trafficking
people for sexual exploitation?

-- C. Punishment of Labor Trafficking Offenses: What are
the prescribed and imposed penalties for trafficking for
labor exploitation, such as forced or bonded labor? If
your country is a source country for labor migrants, do
the government's laws provide for criminal punishment --
i.e. jail time -- for labor recruiters who engage in
recruitment of workers using knowingly fraudulent or
deceptive offers with the purpose of subjecting workers
to trafficking in the destination country? If your
country is a destination for labor migrants, are there
laws punishing employers or labor agents who confiscate
workers' passports or travel documents for the purpose of
trafficking, switch contracts without the worker's
consent as a means to keep the worker in a state of
service, or withhold payment of salaries as means of
keeping the worker in a state of service?

-- D. What are the prescribed penalties for rape or
forcible sexual assault? (NOTE: This is necessary to
evaluate a foreign government's compliance with TVPA
Minimum Standard 2, which reads: "For the knowing
commission of any act of sex trafficking . . . the
government of the country should prescribe punishment
commensurate with that for grave crimes, such as forcible
sexual assault (rape)." END NOTE)

-- E. Law Enforcement Statistics: Did the government
prosecute any cases against human trafficking offenders
during the reporting period? If so, provide numbers of
investigations, prosecutions, convictions, and sentences
imposed, including details on plea bargains and fines, if
relevant and available. Please note the number of
convicted traffickers who received suspended sentences
and the number who received only a fine as punishment.
Please indicate which laws were used to investigate,
prosecute, convict, and sentence traffickers. Also, if
possible, please disaggregate numbers of cases by type of
TIP (labor vs. commercial sexual exploitation) and
victims (children under 18 years of age vs. adults). If
in a labor source country, did the government criminally
prosecute labor recruiters who recruit workers using
knowingly fraudulent or deceptive offers or by imposing
fees or commissions for the purpose of subjecting the
worker to debt bondage? Did the government in a labor
destination country criminally prosecute employers or
labor agents who confiscate workers' passports/travel
documents for the purpose of trafficking, switch
contracts or terms of employment without the worker's
consent to keep workers in a state of service, use
physical or sexual abuse or the threat of such abuse to
keep workers in a state of service, or withhold payment
of salaries as a means to keep workers in a state of
service? What were the actual punishments imposed on
persons convicted of these offenses? Are the traffickers
serving the time sentenced? If not, why not?

-- F. Does the government provide any specialized
training for government officials in how to recognize,
investigate, and prosecute instances of trafficking?
Specify whether NGOs, international organizations, and/or
the USG provide specialized training for host government
officials.

--G. Does the government cooperate with other governments
in the investigation and prosecution of trafficking
cases? If possible, provide the number of cooperative
international investigations on trafficking during the
reporting period.

-- H. Does the government extradite persons who are

STATE 00132759 007 OF 009

SUBJECT: PREPARING THE NINTH ANNUAL TRAFFICKING IN
PERSONS (TIP) REPO
charged with trafficking in other countries? If so,
please provide the number of traffickers extradited
during the reporting period, and the number of
trafficking extraditions pending. In particular, please
report on any pending or concluded extraditions of
trafficking offenders to the United States.

-- I. Is there evidence of government involvement in or
tolerance of trafficking, on a local or institutional
level? If so, please explain in detail.

-- J. If government officials are involved in
trafficking, what steps has the government taken to end
such participation? Please indicate the number of
government officials investigated and prosecuted for
involvement in trafficking or trafficking-related
corruption during the reporting period. Have any been
convicted? What sentence(s) was imposed? Please specify
if officials received suspended sentences, or were given
a fine, fired, or reassigned to another position within
the government as punishment. Please indicate the number
of convicted officials that received suspended sentences
or received only a fine as punishment.

-- K. Is prostitution legalized or decriminalized?
Specifically, are the activities of the prostitute
criminalized? Are the activities of the brothel
owner/operator, clients, pimps, and enforcers
criminalized? Are these laws enforced? If prostitution
is legal and regulated, what is the legal minimum age for
this activity? Note that in countries with federalist
systems, prostitution laws may be under state or local
jurisdiction and may differ among jurisdictions.

-- L. For countries that contribute troops to
international peacekeeping efforts, please indicate
whether the government vigorously investigated,
prosecuted, convicted and sentenced nationals of the
country deployed abroad as part of a peacekeeping or
other similar mission who engaged in or facilitated
severe forms of trafficking or who exploited victims of
such trafficking.

-- M. If the country has an identified problem of child
sex tourists coming to the country, what are the
countries of origin for sex tourists? How many foreign
pedophiles did the government prosecute or
deport/extradite to their country of origin? If your
host country's nationals are perpetrators of child sex
tourism, do the country's child sexual abuse laws have
extraterritorial coverage (similar to the U.S. PROTECT
Act) to allow the prosecution of suspected sex tourists
for crimes committed abroad? If so, how many of the
country's nationals were prosecuted and/or convicted
during the reporting period under the extraterritorial
provision(s) for traveling to other countries to engage
in child sex tourism?


26. (U) PROTECTION AND ASSISTANCE TO VICTIMS:

-- A. What kind of protection is the government able
under existing law to provide for victims and witnesses?
Does it provide these protections in practice?

-- B. Does the country have victim care facilities
(shelters or drop-in centers) which are accessible to
trafficking victims? Do foreign victims have the same
access to care as domestic trafficking victims? Where
are child victims placed (e.g., in shelters, foster care,
or juvenile justice detention centers)? Does the country
have specialized care for adults in addition to children?
Does the country have specialized care for male victims
as well as female? Does the country have specialized
facilities dedicated to helping victims of trafficking?
Are these facilities operated by the government or by
NGOs? What is the funding source of these facilities?
Please estimate the amount the government spent (in U.S.
dollar equivalent) on these specialized facilities
dedicated to helping trafficking victims during the
reporting period.

-- C. Does the government provide trafficking victims
with access to legal, medical and psychological services?
If so, please specify the kind of assistance provided.
Does the government provide funding or other forms of
support to foreign or domestic NGOs and/or international
organizations for providing these services to trafficking
victims? Please explain and provide any funding amounts
in U.S. dollar equivalent. If assistance provided was
in-kind, please specify exact assistance. Please specify
if funding for assistance comes from a federal budget or
from regional or local governments.

STATE 00132759 008 OF 009

SUBJECT: PREPARING THE NINTH ANNUAL TRAFFICKING IN
PERSONS (TIP) REPO
-- D. Does the government assist foreign trafficking
victims, for example, by providing temporary to permanent
residency status, or other relief from deportation? If
so, please explain.

-- E. Does the government provide longer-term shelter or
housing benefits to victims or other resources to aid the
victims in rebuilding their lives?

-- F. Does the government have a referral process to
transfer victims detained, arrested or placed in
protective custody by law enforcement authorities to
institutions that provide short- or long-term care
(either government or NGO-run)?

-- G. What is the total number of trafficking victims
identified during the reporting period? Of these, how
many victims were referred to care facilities for
assistance by law enforcement authorities during the
reporting period? By social services officials? What is
the number of victims assisted by government-funded
assistance programs and those not funded by the
government during the reporting period?

-- H. Do the government's law enforcement, immigration,
and social services personnel have a formal system of
proactively identifying victims of trafficking among
high-risk persons with whom they come in contact (e.g.,
foreign persons arrested for prostitution or immigration
violations)? For countries with legalized prostitution,
does the government have a mechanism for screening for
trafficking victims among persons involved in the
legal/regulated commercial sex trade?

-- I. Are the rights of victims respected? Are
trafficking victims detained or jailed? If so, for how
long? Are victims fined? Are victims prosecuted for
violations of other laws, such as those governing
immigration or prostitution?

-- J. Does the government encourage victims to assist in
the investigation and prosecution of trafficking? How
many victims assisted in the investigation and
prosecution of traffickers during the reporting period?
May victims file civil suits or seek legal action against
traffickers? Does anyone impede victim access to such
legal redress? If a victim is a material witness in a
court case against a former employer, is the victim
permitted to obtain other employment or to leave the
country pending trial proceedings? Are there means by
which a victim may obtain restitution?

-- K. Does the government provide any specialized
training for government officials in identifying
trafficking victims and in the provision of assistance to
trafficked victims, including the special needs of
trafficked children? Does the government provide
training on protections and assistance to its embassies
and consulates in foreign countries that are destination
or transit countries? What is the number of trafficking
victims assisted by the host country's embassies or
consulates abroad during the reporting period? Please
explain the type of assistance provided (travel
documents, referrals to assistance, payment for
transportation home).

-- L. Does the government provide assistance, such as
medical aid, shelter, or financial help, to its nationals
who are repatriated as victims of trafficking?

-- M. Which international organizations or NGOs, if any,
work with trafficking victims? What type of services do
they provide? What sort of cooperation do they receive
from local authorities?


27. (U) PREVENTION:

-- A. Did the government conduct anti-trafficking
information or education campaigns during the reporting
period? If so, briefly describe the campaign(s),
including their objectives and effectiveness. Please
provide the number of people reached by such awareness
efforts, if available. Do these campaigns target
potential trafficking victims and/or the demand for
trafficking (e.g. "clients" of prostitutes or
beneficiaries of forced labor)? (Note: This can be an
especially noteworthy effort where prostitution is legal.
End Note.)

-- B. Does the government monitor immigration and
emigration patterns for evidence of trafficking? Do law

STATE 00132759 009 OF 009


-- C. Is there a mechanism for coordination and
communication between various agencies, internal,
international, and multilateral on trafficking-related
matters, such as a multi-agency working group or a task
force?

-- D. Does the government have a national plan of action
to address trafficking in persons? If the plan was
developed during the reporting period, which agencies
were involved in developing it? Were NGOs consulted in
the process? What steps has the government taken to
implement the action plan?

-- E: What measures has the government taken during the
reporting period to reduce the demand for commercial sex
acts? (see ref B, para. 9(3) for examples)

-- F. Required of all Posts: What measures has the
government taken during the reporting period to reduce
the participation in international child sex tourism by
nationals of the country?

-- G. Required of posts in countries that have
contributed over 100 troops to international peacekeeping
efforts (Argentina, Australia, Austria, Bangladesh,
Belgium, Benin, Bolivia, Brazil, Cambodia, Cameroon,
Canada, Chile, China, Cote d'Ivoire, Croatia, Egypt, El
Salvador, Ethiopia, Fiji, France, Gambia, Germany,
Ghana, Greece, Guatemala, Hungary, India, Indonesia,
Italy, Jordan, Kenya, Korea (South),Malawi, Malaysia,
Mali, Mongolia, Morocco, Nepal, Niger, Nigeria,
Pakistan, Peru, Philippines, Poland, Portugal, Romania,
Russia, Rwanda, Senegal, Slovakia, South Africa, Spain,
Sri Lanka, Tanzania, Togo, Tunisia, Turkey, Uganda,
Ukraine, United Kingdom, Uruguay, Yemen, Zambia, and
Zimbabwe): What measures has the government adopted to
ensure that its nationals who are deployed abroad as part
of a peacekeeping or other similar mission do not engage
in or facilitate severe forms of trafficking or exploit
victims of such trafficking? If posts do not provide an
answer to this question, the Department may consider
including a statement in the country assessment to the
effect that "An assessment regarding Country X's efforts
to ensure that its troops deployed abroad for
international peacekeeping missions do not engage in or
facilitate trafficking or exploit trafficking victims was
unavailable for this reporting period."

--------------
NOMINATION OF HEROES AND BEST PRACTICES
--------------


28. (U) HEROES: The introduction to the past four TIP
Reports has included a section honoring Anti-Trafficking
"Heroes" These individuals or representatives of
organizations demonstrate an exceptional commitment to
fighting TIP above and beyond the scope of their assigned
work. The Department encourages post to nominate one or
more such individuals for inclusion in a similar section
of the 2009 Report. Please submit, under a subheading of
"TIP Hero(es)," a brief description of the individual or
organization's work, and note that the appropriate
individual(s) has been vetted through databases available
to post (e.g. CLASS and any law enforcement systems) to
ensure they have no visa ineligibilities or other
derogatory information.


29. (U) BEST PRACTICES. For the past five years the
Report has carried a section on "Best Practices" in
addressing TIP. This section highlights particular
practices used by governments or NGOs in addressing the
various challenges of TIP and serves as a useful guide to
foreign governments and posts as they design anti-TIP
projects and strategies. The Department encourages post
to nominate "best practices" from their host countries
for showcasing in the 2009 Report. Please submit, under
a "Best Practice" subheading, a brief summary of the
activity or practice, along with the positive effect it
has had in addressing TIP.


30. (U) Department greatly appreciates posts' time and
assistance in collecting and reporting data for the 2009
TIP Report, as well as your ongoing efforts to advance
USG anti-TIP objectives.


31. (U) Minimize considered.
RICE