Identifier
Created
Classification
Origin
09BERN111
2009-03-13 18:10:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Bern
Cable title:
TIP - LIECHTENSTEIN: ANNUAL ANTI-TRAFFICKING IN
how-toVZCZCXRO9144 PP RUEHAG RUEHAST RUEHDA RUEHDBU RUEHDF RUEHFL RUEHIK RUEHKW RUEHLA RUEHLN RUEHLZ RUEHNP RUEHPOD RUEHROV RUEHSK RUEHSR RUEHVK RUEHYG DE RUEHSW #0111/01 0721810 ZNR UUUUU ZZH P 131810Z MAR 09 FM AMEMBASSY BERN TO RUEHC/SECSTATE WASHDC PRIORITY 5712 INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE RHMFIUU/DEPT OF JUSTICE WASHINGTON DC RUEHC/DEPT OF LABOR WASHINGTON DC RUEATRS/DEPT OF TREASURY WASHINGTON DC
UNCLAS SECTION 01 OF 03 BERN 000111
SIPDIS
DEPT FOR G/TIP, INL, DRL, PRM, IWI, EUR/PGI, EUR/AGS
DEPT PLEASE PASS USAID
SENSITIVE
E.O. 12958: N/A
TAGS: PHUM KCRM KWMN SMIG KFRD PREF ELAB LS
SUBJECT: TIP - LIECHTENSTEIN: ANNUAL ANTI-TRAFFICKING IN
PERSONS REPORT
REF: A) 08 STATE 132759, B) STATE 5577
--------------
TABLE OF CONTENTS:
--------------
I. THE COUNTRY'S TIP SITUATION
II. SETTING THE SCENE FOR THE GOVERNMENT'S ANTI-TIP EFFORTS
III. INVESTIGATION AND PROSECUTION OF TRAFFICKERS
IV. PROTECTION AND ASSISTANCE TO VICTIMS
V. PREVENTION
-------------- --------------
I. THE COUNTRY'S TIP SITUATION
(U) A.-B. Liechtenstein is neither a source nor a transit
country for trafficking in Persons. Nevertheless the socio-
economic situation of Liechtenstein makes it a potential
destination country for the organized trafficking in human
beings. No cases of trafficking have been detected in
Liechtenstein so far. The Liechtenstein authorities are
however aware of the potential problem and have taken steps to
mitigate the risk.
(U) C. N/A
(U) D. The most vulnerable groups are the temporarily employed
dancers in bars and clubs. They reside in Liechtenstein for a
maximum of six months within a calendar year on the basis of a
special short-stay permit. The government has issued a
directive on the admission of foreign nightclub dancers, which
contains detailed rules and requirements intended to protect
the dancers. For instance, the dancers must receive
appropriate accommodation and be paid at least the minimum
salary applicable to the hotel and restaurant industry; in
addition, they must have health and accident insurance, and
take part in a project entitled, "AIDS Prevention in the Sex
Industry (APIS)". As a further protective measure, such work
permits are only granted if foreign dancers requiring a visa
were employed in Switzerland immediately prior to the
beginning of their employment in Liechtenstein. The directive
also specifies a quota for the employment of dancers: Each
month, a nightclub may employ a maximum of five dancers. The
National Police and the Immigration and Passport Office
regularly carry out inspections in the red-light milieu and
verify the residence status, employment conditions, salary
payments and lodging of the women.
(U) E. N/A.
II. SETTING THE SCENE FOR GOVERNMENT'S ANTI-TIP EFFORTS
(U) A. See I. A-B. (above)
(U) B. There are several government agencies, all of them
represented in the Liechtenstein Round Table, which are
involved in anti-trafficking efforts: the National Police,
Office of Migration, and Office of the Attorney General, the
Office of Social Affairs, the Office of Economic Affairs, the
Victims Assistance Center, the Office of Sexual Health
Counseling, and the Office of Foreign Affairs. The Head of
the anti-crime division of the police chairs the Round Table,
and therefore has the lead in LiechtensteinQs anti-trafficking
efforts.
(U) C.-D. Given the absence of known trafficking victims, the
government does not currently assess a need for extra anti-
trafficking efforts.
III. INVESTIGATION AND PROSECUTION OF TRAFFICKERS
(U) A. Since March 2008, Liechtenstein has been a State party
to the Convention against Transnational Organized Crime
(Palermo Convention) and its protocols against the smuggling
of migrants and to prevent, suppress and punish trafficking in
persons, especially women and children. The new definition of
trafficking in persons in the Liechtenstein Criminal Code
(Section 104a StGB) is in conformity with the definition in
the protocol. Section 104a (Trafficking in Human Beings) of
the Liechtenstein Penal Code makes the recruitment,
harbouring, receipt, transportation, transfer or offering of a
person for the purpose of exploitation subject to criminal
punishment. Exploitation includes sexual exploitation,
BERN 00000111 002 OF 003
exploitation by illegal removal of organs, and forced labour.
According to Section 54 of the Liechtenstein Penal Code,
Section 104a applies to offenses committed in other countries
Q irrespective of the penal laws of the State where the
offenses were committed.
(U) In the Liechtenstein penal code, there are further
provisions that may be considered as closely related to
trafficking in human beings. These are Sections 210 (Offering
for Prostitution),217 (Cross-Border Trade for the Purpose of
Prostitution),215 (Promotion of Prostitution) and 216
(Procuring for Prostitution). In addition, there are penalties
under Sections 200-218 of the penal code for punishable
actions with regard to sexual self-determination and other
sexually related offences. Other offenses that can be linked
to trafficking in human beings and that are addressed by the
penal code are: Sections 104 (Slave Trade),83 (Criminal
Assault),107 (Threats to Life and Limb),105 (Coercion),106
(Serious Coercion),99 (Deprivation of Liberty),and 100
(Abduction of a Vulnerable or Defenseless Person),and 278a
(Criminal Organization).
(U) B.-C. Trafficking in persons is punishable by a prison
sentence of up to three years, or up to five years if the
trafficker used or threatened to use violence. If the victim
is a minor or the trafficker belongs to a criminal
organization, uses excessive violence, or jeopardizes the life
of the victim, the sentence may be up to 10 years. There were
no arrests or prosecutions for trafficking offences during the
year.
(U) D. Rape, including rape in marriage and partnership, is a
criminal offence, and the government effectively prosecuted
those accused of such crimes. Rape in marriage and partnership
has the same penalties as rape in general. The sentence may be
reduced if the victim decides to remain with the abusive
spouse. Sections 200 and 201 of the Liechtenstein Penal Code
prescribe prison sentences up to 20 years for rape and up to
10 years for forcible sexual assault.
(U) E. No cases of trafficking or forced prostitution have been
detected in Liechtenstein.
(U) F. The government does not provide any specialized
training for government officials.
(SBU) G. In 2008, the Criminal Police provided assistance in
response to two international inquiries of Interpol concerning
human trafficking. In another case, which was related to human
trafficking, the Criminal Police assisted the Swiss
authorities.
(U) H.-J.-I. N/A
(U) K. Prostitution is illegal; however, police tolerate it in
the country's few nightclubs, as long as it does not cause
public offense.
(U) L. N/A
(U) M. There have not been any prosecutions and/or convictions
relating to child sex tourism.
IV. PROTECTION AND ASSISTANCE TO VICTIMS
(U) A.-B.-C.-D.-E.-F. Liechtenstein government agencies and
NGOs formed a Round Table on Human Trafficking in 2006. In
2007, the Round Table prepared guidelines for the handling of
potential cases of trafficking in human beings in
Liechtenstein. The guidelines were adopted by the government
in July 2007 and provide a reflection period of 30 days for
victims. If the victim or the witness decides to cooperate
with the authorities, a limited residence permit is granted
for the time of the investigations and court procedures
(Article 16b of the Ordinance concerning the Admission and the
Residence of Foreigners). After completion of the
investigations and court procedures, the victim is to be
assisted in returning to her/his home country. In severe cases
of hardship, a special short-stay or long-term permit may be
granted (Article 15 of the Ordinance concerning the Admission
and the Residence of Foreigners). Further assistance to
victims is provided under the Victims Assistance Act.
(U) The Victims Assistance Act (VAA) entered into force on
BERN 00000111 003 OF 003
April 1, 2008. The VAA provides for counseling and financial
assistance for victims and their families. A Victims
Assistance Unit has been established. Its goal is to provide
the necessary assistance in individual cases with respect to
medical, psychological, social, material, and legal needs or,
if it cannot provide such assistance itself, to find
appropriate providers. Concepts are being developed for the
practical implementation of counseling services, which will
take into account the needs of victims of criminal offences.
In the area of financial assistance, both comprehensive legal
aid and rights of compensation are provided for.
(U) On January 1, 2005, a partial revision of the Code of
Criminal Procedure entered into force. The goal of this
legislative amendment was to improve the legal standing and
protection of victims in criminal proceedings, in particular,
young victims and victims of sexual offenses.
(U) G.-M. N/A
V. PREVENTION
(U) A. The Liechtenstein Round Table on Human Trafficking was
established to improve cooperation among law enforcement
authorities, migration authorities, and the Victims Assistance
Unit. Its aim is to develop a common understanding of the
phenomenon and to identify the responsibilities of the
different authorities. The Round Table has developed a
prevention project known as "Magdalena" to provide the dancers
in the seven nightclubs in Liechtenstein with information on
their legal situation with respect to labor, residence,
social, and health rights. The dancers will be required to
participate in an information session offered once a month. At
these events, the dancers will have the opportunity to meet
with competent officials and representatives of care
institutions. The aim of the Magdalena project is to reduce
the risk of exploitative working and living conditions for
foreign dancers working in Liechtenstein, and to increase the
chances of uncovering potential cases of human trafficking.
The project will start in spring 2009.
(U) During the 2008 European Football Championship,
Liechtenstein joined Switzerland and Austria in supporting a
NGO-led public awareness campaign against trafficking in women
and forced prostitution. The campaign was to raise awareness
among the visitors to the tournament and the public of the
extent and the consequences of trafficking in persons.
(U) Liechtenstein is engaged in combating trafficking in women
and violence against women internationally. It supported the
project of the OSCE Office for Democratic Institutions and
Human Rights (ODIHR) in 2002 on preventing violence against
women in the Caucasus. In 2004, Liechtenstein made a
contribution to the OSCE pilot program on combating human
trafficking in Ukraine. In 2005, it supported the OSCE project
on combating violence against women for the purpose of
preventing trafficking in women in Moldova. In 2006, it
supported the Council of Europe project on combating human
trafficking in Georgia. In 2007 Liechtenstein supported the
OSCE project on preventing human trafficking and the sexual
abuse of minors in tourism. In 2008, Liechtenstein made a
further contribution to a project of the OSCE and of the
Council of Europe on preventing and combating trafficking.
(U) B. N/A
(U) C.-D. See A. (above)
(U) E. N/A
(U) F. During the reporting period the government has not
taken any special measures to counter the possible
participation in international child sex tourism by nationals
of the country.
(U) G. N/A
CARTER
SIPDIS
DEPT FOR G/TIP, INL, DRL, PRM, IWI, EUR/PGI, EUR/AGS
DEPT PLEASE PASS USAID
SENSITIVE
E.O. 12958: N/A
TAGS: PHUM KCRM KWMN SMIG KFRD PREF ELAB LS
SUBJECT: TIP - LIECHTENSTEIN: ANNUAL ANTI-TRAFFICKING IN
PERSONS REPORT
REF: A) 08 STATE 132759, B) STATE 5577
--------------
TABLE OF CONTENTS:
--------------
I. THE COUNTRY'S TIP SITUATION
II. SETTING THE SCENE FOR THE GOVERNMENT'S ANTI-TIP EFFORTS
III. INVESTIGATION AND PROSECUTION OF TRAFFICKERS
IV. PROTECTION AND ASSISTANCE TO VICTIMS
V. PREVENTION
-------------- --------------
I. THE COUNTRY'S TIP SITUATION
(U) A.-B. Liechtenstein is neither a source nor a transit
country for trafficking in Persons. Nevertheless the socio-
economic situation of Liechtenstein makes it a potential
destination country for the organized trafficking in human
beings. No cases of trafficking have been detected in
Liechtenstein so far. The Liechtenstein authorities are
however aware of the potential problem and have taken steps to
mitigate the risk.
(U) C. N/A
(U) D. The most vulnerable groups are the temporarily employed
dancers in bars and clubs. They reside in Liechtenstein for a
maximum of six months within a calendar year on the basis of a
special short-stay permit. The government has issued a
directive on the admission of foreign nightclub dancers, which
contains detailed rules and requirements intended to protect
the dancers. For instance, the dancers must receive
appropriate accommodation and be paid at least the minimum
salary applicable to the hotel and restaurant industry; in
addition, they must have health and accident insurance, and
take part in a project entitled, "AIDS Prevention in the Sex
Industry (APIS)". As a further protective measure, such work
permits are only granted if foreign dancers requiring a visa
were employed in Switzerland immediately prior to the
beginning of their employment in Liechtenstein. The directive
also specifies a quota for the employment of dancers: Each
month, a nightclub may employ a maximum of five dancers. The
National Police and the Immigration and Passport Office
regularly carry out inspections in the red-light milieu and
verify the residence status, employment conditions, salary
payments and lodging of the women.
(U) E. N/A.
II. SETTING THE SCENE FOR GOVERNMENT'S ANTI-TIP EFFORTS
(U) A. See I. A-B. (above)
(U) B. There are several government agencies, all of them
represented in the Liechtenstein Round Table, which are
involved in anti-trafficking efforts: the National Police,
Office of Migration, and Office of the Attorney General, the
Office of Social Affairs, the Office of Economic Affairs, the
Victims Assistance Center, the Office of Sexual Health
Counseling, and the Office of Foreign Affairs. The Head of
the anti-crime division of the police chairs the Round Table,
and therefore has the lead in LiechtensteinQs anti-trafficking
efforts.
(U) C.-D. Given the absence of known trafficking victims, the
government does not currently assess a need for extra anti-
trafficking efforts.
III. INVESTIGATION AND PROSECUTION OF TRAFFICKERS
(U) A. Since March 2008, Liechtenstein has been a State party
to the Convention against Transnational Organized Crime
(Palermo Convention) and its protocols against the smuggling
of migrants and to prevent, suppress and punish trafficking in
persons, especially women and children. The new definition of
trafficking in persons in the Liechtenstein Criminal Code
(Section 104a StGB) is in conformity with the definition in
the protocol. Section 104a (Trafficking in Human Beings) of
the Liechtenstein Penal Code makes the recruitment,
harbouring, receipt, transportation, transfer or offering of a
person for the purpose of exploitation subject to criminal
punishment. Exploitation includes sexual exploitation,
BERN 00000111 002 OF 003
exploitation by illegal removal of organs, and forced labour.
According to Section 54 of the Liechtenstein Penal Code,
Section 104a applies to offenses committed in other countries
Q irrespective of the penal laws of the State where the
offenses were committed.
(U) In the Liechtenstein penal code, there are further
provisions that may be considered as closely related to
trafficking in human beings. These are Sections 210 (Offering
for Prostitution),217 (Cross-Border Trade for the Purpose of
Prostitution),215 (Promotion of Prostitution) and 216
(Procuring for Prostitution). In addition, there are penalties
under Sections 200-218 of the penal code for punishable
actions with regard to sexual self-determination and other
sexually related offences. Other offenses that can be linked
to trafficking in human beings and that are addressed by the
penal code are: Sections 104 (Slave Trade),83 (Criminal
Assault),107 (Threats to Life and Limb),105 (Coercion),106
(Serious Coercion),99 (Deprivation of Liberty),and 100
(Abduction of a Vulnerable or Defenseless Person),and 278a
(Criminal Organization).
(U) B.-C. Trafficking in persons is punishable by a prison
sentence of up to three years, or up to five years if the
trafficker used or threatened to use violence. If the victim
is a minor or the trafficker belongs to a criminal
organization, uses excessive violence, or jeopardizes the life
of the victim, the sentence may be up to 10 years. There were
no arrests or prosecutions for trafficking offences during the
year.
(U) D. Rape, including rape in marriage and partnership, is a
criminal offence, and the government effectively prosecuted
those accused of such crimes. Rape in marriage and partnership
has the same penalties as rape in general. The sentence may be
reduced if the victim decides to remain with the abusive
spouse. Sections 200 and 201 of the Liechtenstein Penal Code
prescribe prison sentences up to 20 years for rape and up to
10 years for forcible sexual assault.
(U) E. No cases of trafficking or forced prostitution have been
detected in Liechtenstein.
(U) F. The government does not provide any specialized
training for government officials.
(SBU) G. In 2008, the Criminal Police provided assistance in
response to two international inquiries of Interpol concerning
human trafficking. In another case, which was related to human
trafficking, the Criminal Police assisted the Swiss
authorities.
(U) H.-J.-I. N/A
(U) K. Prostitution is illegal; however, police tolerate it in
the country's few nightclubs, as long as it does not cause
public offense.
(U) L. N/A
(U) M. There have not been any prosecutions and/or convictions
relating to child sex tourism.
IV. PROTECTION AND ASSISTANCE TO VICTIMS
(U) A.-B.-C.-D.-E.-F. Liechtenstein government agencies and
NGOs formed a Round Table on Human Trafficking in 2006. In
2007, the Round Table prepared guidelines for the handling of
potential cases of trafficking in human beings in
Liechtenstein. The guidelines were adopted by the government
in July 2007 and provide a reflection period of 30 days for
victims. If the victim or the witness decides to cooperate
with the authorities, a limited residence permit is granted
for the time of the investigations and court procedures
(Article 16b of the Ordinance concerning the Admission and the
Residence of Foreigners). After completion of the
investigations and court procedures, the victim is to be
assisted in returning to her/his home country. In severe cases
of hardship, a special short-stay or long-term permit may be
granted (Article 15 of the Ordinance concerning the Admission
and the Residence of Foreigners). Further assistance to
victims is provided under the Victims Assistance Act.
(U) The Victims Assistance Act (VAA) entered into force on
BERN 00000111 003 OF 003
April 1, 2008. The VAA provides for counseling and financial
assistance for victims and their families. A Victims
Assistance Unit has been established. Its goal is to provide
the necessary assistance in individual cases with respect to
medical, psychological, social, material, and legal needs or,
if it cannot provide such assistance itself, to find
appropriate providers. Concepts are being developed for the
practical implementation of counseling services, which will
take into account the needs of victims of criminal offences.
In the area of financial assistance, both comprehensive legal
aid and rights of compensation are provided for.
(U) On January 1, 2005, a partial revision of the Code of
Criminal Procedure entered into force. The goal of this
legislative amendment was to improve the legal standing and
protection of victims in criminal proceedings, in particular,
young victims and victims of sexual offenses.
(U) G.-M. N/A
V. PREVENTION
(U) A. The Liechtenstein Round Table on Human Trafficking was
established to improve cooperation among law enforcement
authorities, migration authorities, and the Victims Assistance
Unit. Its aim is to develop a common understanding of the
phenomenon and to identify the responsibilities of the
different authorities. The Round Table has developed a
prevention project known as "Magdalena" to provide the dancers
in the seven nightclubs in Liechtenstein with information on
their legal situation with respect to labor, residence,
social, and health rights. The dancers will be required to
participate in an information session offered once a month. At
these events, the dancers will have the opportunity to meet
with competent officials and representatives of care
institutions. The aim of the Magdalena project is to reduce
the risk of exploitative working and living conditions for
foreign dancers working in Liechtenstein, and to increase the
chances of uncovering potential cases of human trafficking.
The project will start in spring 2009.
(U) During the 2008 European Football Championship,
Liechtenstein joined Switzerland and Austria in supporting a
NGO-led public awareness campaign against trafficking in women
and forced prostitution. The campaign was to raise awareness
among the visitors to the tournament and the public of the
extent and the consequences of trafficking in persons.
(U) Liechtenstein is engaged in combating trafficking in women
and violence against women internationally. It supported the
project of the OSCE Office for Democratic Institutions and
Human Rights (ODIHR) in 2002 on preventing violence against
women in the Caucasus. In 2004, Liechtenstein made a
contribution to the OSCE pilot program on combating human
trafficking in Ukraine. In 2005, it supported the OSCE project
on combating violence against women for the purpose of
preventing trafficking in women in Moldova. In 2006, it
supported the Council of Europe project on combating human
trafficking in Georgia. In 2007 Liechtenstein supported the
OSCE project on preventing human trafficking and the sexual
abuse of minors in tourism. In 2008, Liechtenstein made a
further contribution to a project of the OSCE and of the
Council of Europe on preventing and combating trafficking.
(U) B. N/A
(U) C.-D. See A. (above)
(U) E. N/A
(U) F. During the reporting period the government has not
taken any special measures to counter the possible
participation in international child sex tourism by nationals
of the country.
(U) G. N/A
CARTER