Identifier
Created
Classification
Origin
09BERN93
2009-03-02 16:35:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Bern
Cable title:  

TIP - SWITZERLAND: ANNUAL ANTI-TRAFFICKING IN PERSONS

Tags:  PHUM KTIP KCRM KWMN SMIG KFRD PREF ELAB SZ 
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VZCZCXRO7006
PP RUEHAG RUEHAST RUEHDA RUEHDBU RUEHDF RUEHFL RUEHIK RUEHKW RUEHLA
RUEHLN RUEHLZ RUEHNP RUEHPOD RUEHROV RUEHSK RUEHSR RUEHVK RUEHYG
DE RUEHSW #0093/01 0611635
ZNR UUUUU ZZH
P 021635Z MAR 09
FM AMEMBASSY BERN
TO RUEHC/SECSTATE WASHDC PRIORITY 5675
INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE
RHMFIUU/DEPT OF JUSTICE WASHINGTON DC
RUEHC/DEPT OF LABOR WASHINGTON DC
RUEATRS/DEPT OF TREASURY WASHINGTON DC
RHMCSUU/DEPT OF HOMELAND SECURITY WASHINGTON DC
RUEHZL/EUROPEAN POLITICAL COLLECTIVE
UNCLAS SECTION 01 OF 13 BERN 000093

SENSITIVE, SIPDIS

DEPT FOR G/TIP (J.DONNELLY/A.ROFMAN),INL, DRL, PRM, IWI,
EUR/PGI (J.BUCKNEBERG),EUR/CE (J.LUNA)

DEPT PLEASE PASS USAID

E.O. 12958: N/A
TAGS: PHUM KTIP KCRM KWMN SMIG KFRD PREF ELAB SZ
SUBJECT: TIP - SWITZERLAND: ANNUAL ANTI-TRAFFICKING IN PERSONS
REPORT

REF: STATE 132759


I. SUMMARY OF NEW DEVELOPMENTS
--------------

(U) Switzerland continued to make substantial progress in its
anti-trafficking-in-persons practices and achievements,
investigating and prosecuting TIP cases vigorously. In 2008,
federal and cantonal (state) police led at least 26
investigations on trafficking or trafficking-related offenses.
With regard to prosecutions, data for 2007 show that Swiss
courts convicted at least 25 individuals for trafficking or
trafficking-related offenses. (Note: The official data for 2008
convictions will be available from the federal statistics office
in August. End Note) Punishments for convicted TIP offenders
in 2007 ranged from fines to unsuspended prison sentences of up
to four years. To further improve the process for gathering
statistics on investigations and prosecutions, the 26 cantons
decided to harmonize cantonal recording and reporting practices
by 2010. The government cooperated with other governments in
the investigation and prosecution of trafficking and
trafficking-related offenses.

(U) On the legal front, the Penal Code defines human trafficking
more comprehensively since 2007. Human trafficking, forced
prostitution of minors, and child sexual abuse can also be
prosecuted in Switzerland regardless of where the crime was
committed.

(U) Protection: The government enacted new protective measures
for TIP victims. The number of TIP victims referred by Swiss
authorities to assistance centers for victims of crime rose from
90 in 2006 to 128 in 2007.

(U) Efforts to improve the legal protections of TIP victims
continued. In 2008, the government amended the Federal Law on
Foreigners, thereby reinforcing the legal framework in which
cantons can provide TIP victims stays of deportation proceedings
to recover from their trauma and weigh participation in judicial
proceedings. The law further allows the federal government to
logistically and financially assist trafficking victims and

witnesses, for whom a return is acceptable, in the re-
integration in their countries of origin. The government also
revised the Federal Victims Assistance Law. The revision, which
entered into force on January 1, 2009, enhances crime victims'
right to emergency protections and allows cantons to pool
resources to establish regional victim assistance centers
specializing in certain types of crime (e.g. TIP).

(U) On September 8, 2008, the Swiss government signed the
Council of Europe's Convention on Human Trafficking. The
government is expected to submit a bill for the ratification of
the Convention to the Parliament in 2009. Experts assess that
current Swiss law largely meets the requirements of the
Convention, with some adjustments still required in the area of
witness protection.

(U) Prevention: Swiss government agencies continued to fund
several prevention and protection programs abroad. In
conjunction with the 2008 European Soccer Cup co-hosted by
Switzerland in June, the government provided $96,000 to an NGO-
led advertising campaign to raise awareness among the visitors
to the tournament and the public of the extent and the
consequences of trafficking in persons. The campaign targeted
male customers of commercial sexual services, calling on them to
help potential victims of trafficking get access to aid
organizations.

(U) The Federal Criminal Police established in September 2008 a
mechanism to allow travel agencies and individual persons to tip
off law enforcement bodies about child sex tourists.
Switzerland pursued a zero-tolerance policy regarding sexual
exploitation by personnel serving in international peace-keeping
missions. All civil and military persons serving in peace-
keeping missions are subject to the Code of Conduct of the UN
(and/or NATO-PfP respectively) and undergo specific awareness
raising training before deployment.

II. THE COUNTRYQS TIP SITUATION
--------------


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(U) A. The Swiss Federal Office of Statistics and the Swiss
Federal Office of Police collect data on TIP and TIP-related
crimes. Useful NGO information also is available, particularly
with regard to assistance provided to victims of TIP crimes.
Because Switzerland has a federalized system in which 26 cantons
have primary and largely independent authority for law
enforcement, national data collection is a more cumbersome
process than in centralized states. Moreover, data on
convictions and sentences often changes until judicial appeals
processes have run their course, which can take 18 months or
more. To further improve the process for gathering statistics
on investigations and prosecutions, the 26 cantons decided to
harmonize cantonal recording and reporting practices
by 2010.

(SBU) The Federal Office of Police Coordination Unit against the
Trafficking of Persons and Smuggling of Migrants (KSMM) remains
the best source for authoritative TIP data. While the KSMM
routinely draws on its relationships with cantonal authorities
to obtain TIP-related data, KSMM contacts have spearheaded
efforts to harmonize the reporting of TIP data from the cantons
to the Federal Office for Statistics, with a view to generating
TIP data that is as comprehensive and authoritative as possible.
In the context of this effort, the KSMM actively has solicited
post's input, and even invited post's TIP POC to attend a KSMM
meeting with representatives of the Federal Office of
Statistics.

(U) B. Switzerland is primarily a country of destination for
persons being trafficked, almost exclusively women, but transit
also occurs. Trafficking occurs both across borders and within
the country. Swiss officials estimate the number of trafficking
victims at a few hundred per year. Several cantons (states),
including Zurich, Geneva, Basel, Bern, Vaud, and Ticino,
recorded an increase in the number of registered prostitutes and
commercial sex establishments. Federal Police assess that the
total number of potential trafficking victims currently living
in Switzerland is between 1,500 and 3,000. The great majority
of trafficking victims are forced into nude dancing and
prostitution. Trafficking for the purpose of labor exploitation
as domestic servants also occurs but is very limited.

(U) C. In some cases, victims are subjected to physical and
sexual violence, threats to themselves or their families or
both, drugs, withholding of documents, and incarceration.
Police estimates suggest that up to 50 percent of illegal
prostitutes' gross income is paid to brothel owners and
traffickers who organize the passage and entry to Switzerland.
While the majority of TIP victims still are found in Swiss urban
areas, in recent years police and NGOs increasingly have
encountered TIP victims working in contact bars in more rural
areas.

(U) D. Both Federal Police and NGO sources noted an increase in
2007/2008 in the number of young women being trafficked into
Switzerland for sexual exploitation from Eastern Europe,
particularly Romania. TIP victims in Switzerland typically come
from Eastern Europe and the former Soviet Union (Hungary,
Poland, Bulgaria, Slovakia, Czech Republic, Slovenia, Romania,
Ukraine, Moldova),Latin America (Brazil, Dominican Republic),
Asia (Thailand, Cambodia),and to a lesser extent from Africa
(Nigeria, Cameroon). The Zurich-based Information Center for
Women from Africa, Latin America, and Eastern Europe (FIZ)
reported that roughly 50 percent of the 167 TIP victims
counseled in 2008 came from Eastern Europe, another 27 percent
from Latin America, about 14 percent from Asia, and the
remaining 9 percent from Africa.

(U) E. Trafficking into the country is primarily performed by
individuals and small groups related through ethnic, clan, or
family ties, as well as, occasionally, organized criminals.
Federal Police have reported that traffickers are increasingly
well organized with far-reaching international networks. Often,
the perpetrators and victims are from the same cities and
regions. In addition to men, women also play a role in the
recruitment, intermediary, or exploitation process. How many
trafficking victims were lured into Switzerland under false
pretenses and how many were brought in fully aware that they
were going to engage in prostitution in Switzerland is unclear,
but under Swiss law both are punishable as human trafficking.


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III. SETTING THE SCENE FOR THE GOVERNMENTQS
ANTI-TIP EFFORTS
--------------

(U) A. Government officials at the highest level acknowledge
that trafficking is a problem. On September 8, 2008, the Swiss
government signed the Council of Europe's Convention on Human
Trafficking. The government is expected to submit a bill for
the ratification of the Convention to the Parliament in 2009.
Experts assess that current Swiss law largely meets the
requirements of the Convention, with some adjustments still
required in the area of witness protection. The cantons were
consulted in advance on the matter, supported the signing
of the Convention, and reported to the federal government that
they were ready to perform the tasks required by its
implementation.

(U) B. The Federal Office of Police (BAP) is the federal
government's primary actor in anti-trafficking efforts. The
BAP's Federal Criminal Police handles international cooperation
and investigations of organized crime; the Service for Analysis
and Prevention, i.e. the domestic intelligence service, does
strategic analysis of information. The Federal Office of Police
also hosts the Coordination Unit against the Trafficking of
Persons and Smuggling of Migrants (KSMM),which is the federal
government's interdepartmental body to coordinate and monitor
anti-trafficking efforts. The KSMM develops anti-TIP strategies
and policies in consultation with its constituting ministries
that retain final responsibility for their implementation.

(U) The prosecution of illegal prostitution (i.e. prostitution
without a valid work permit) and trafficking of persons normally
falls under the jurisdiction of cantonal police and judicial
authorities. However, cases linked to organized crime fall
under the authority of the federal authorities to investigate
and prosecute. The Federal Office of Migration has the lead in
easing the return of trafficking victims and assisting in their
re-integration in their home societies.

(U) The following government agencies are represented on the
Steering Committee of the KSMM, taking active part in the fight
against human trafficking:
Federal Level:
-- Ministry of Foreign Affairs
- Political Division IV (Human Security)
- Directorate for International Law
- International Development Cooperation
-- Finance Ministry
- Swiss Border Guards
-- Ministry for Justice and Police
- Office of the Prosecutor General
- Federal Office for Migration
- Federal Office of Justice
- Federal Office of Police
-- Economics Ministry
- Directorate of Labor
Cantonal (i.e. state) Level:
-- National Conference of Cantonal Chiefs of Police
-- National Conference of Prosecuting Offices
-- National Conference of Equal Opportunity Offices
-- National Conference of Victims Assistance Centers
-- National Conference of Cantonal Migration Offices
NGOs/IOs:
-- Information Center for Women from Africa, Latin America, and
Eastern Europe (FIZ),Zurich
-- International Organization for Migration, Bern
-- Foundation Terre des Hommes, Lausanne

(U) C. In general, criminal cases against traffickers are not
pursued (for lack of evidence) unless their victims are willing
to testify. Federal and cantonal police and immigration
authorities follow a policy of granting potential TIP victims a
stay of deportation proceedings to give them time to recover
from their trauma and to let them freely decide whether to
participate in judicial proceedings against their tormentors.
On January 1, 2008, the New Federal Law on Foreigners became
effective, which gives special protection to TIP victims or
witnesses who testify against their traffickers and regulates
their stay during and after judicial proceedings.

(U) A number of major urban centers and suburban cantons have

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established written agreements on a referral process for TIP
victims in the context of regular roundtable meetings between
NGOs and cantonal justice, police, and immigration authorities.
As a direct result of the federal regulations to stay
deportation proceedings and the better local cooperation between
NGOs and law enforcement officials, the number of TIP victims
willing to testify against their traffickers has risen
considerably.

(U) D. The Federal Office of Police's Coordination Unit against
the Trafficking in Persons and Smuggling of Migrants (KSMM) is
the federal government's main coordinating and monitoring body
of its anti-trafficking efforts. Through its coordinating role,
the KSMM keeps abreast of anti-trafficking efforts on all fronts
(prevention, victim protection, and prosecution) both at the
federal and cantonal level. In addition, its remit includes
monitoring of parliamentary ratification of international
conventions and offering expert advice on trafficking-relevant
legislative reform.

(U) The KSMM has made available its assessment of Swiss anti-
trafficking efforts to the Council of Europe, the OSCE, and the
UN. The Federal Police's Service for Analysis and Prevention,
i.e. the government's domestic intelligence service, does
strategic analysis of human trafficking in and throughout
Switzerland and publishes its findings in the Federal Office of
Police's annual report on homeland security.

IV. INVESTIGATION AND PROSECUTION OF TRAFFICKERS
-------------- --------------

(U) A. The Swiss Penal Code has two articles specifically
prohibiting trafficking in persons: Article 182, effective since
December 1, 2006, stipulates that anyone acting as the supplier,
broker, or buyer in the trafficking of a human being for the
purposes of sexual exploitation, labor exploitation, or to
remove a body organ shall be liable to imprisonment or a fine,
or both. The act of recruiting an individual for the purposes
aforementioned also qualifies as trafficking and is liable to
the same punishment. If the trafficking victim is a minor under
18 years of age or if the perpetrator repeatedly engages in
human trafficking, the minimum penalty is a prison sentence of
one year. Article 182 applies universally; traffickers are
subject to prosecution in Switzerland even if the act of
trafficking was committed abroad, and regardless of whether
trafficking is a crime in the foreign country where the act took
place.

(U) Article 195 prohibits the promotion of prostitution and
states that anyone inducing a person into prostitution by
abusing a situation of dependency or promising pecuniary
advantage, anyone impairing a prostitute's freedom of movement
by checking on the activities in question or fixing the place,
time or extent or any other circumstances of the prostitution,
or anyone secluding a person for prostitution shall be liable to
imprisonment.

(U) Other forms of trafficking or exploitation of human beings
are implicitly covered by the Penal Code's provisions against
threat, coercion, deprivation of personal liberty, and
kidnapping (Articles 180, 181, 183). The Immigration and
Naturalization Law penalizes facilitating the illegal
immigration of foreigners into Switzerland as well as the
employment of foreigners without proper work permission. The
Constitution implicitly bans forced or compulsory labor.
Article 27 provides for economic freedom and explicitly
guarantees the right to choose freely one's profession as well
as unrestrained access to and unencumbered exercise of a gainful
occupation. Forced or bonded labor by children is explicitly
forbidden under Article 30 of the 1964 Labor Act.

(U) B. The maximum sentence for trafficking in persons for
sexual exploitation is a prison term of twenty years (Penal Code
Article 182). Coercing someone into prostitution or restricting
a prostitute's personal freedom (Penal Code Article 195) can
carry a prison sentence of up to ten years.

(U) C. Under Penal Code Article 182 the penalties prescribed for
trafficking for labor exploitation are the same as for
trafficking for sexual exploitation. The minimum penalty is a
fine; if the victim was a minor under 18 years of age, the

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minimum penalty is a one-year prison sentence. Maximum penalty
is 20 years in prison. Article 182 explicitly prohibits all
acts related to labor trafficking - recruitment, supply,
transfer, or the receipt of persons being trafficked. Thus,
both the labor recruiters in labor source countries and the
employers or labor agents in labor destination countries are
subject to prosecution in Switzerland. Article 182 applies
universally; labor recruiters are subject to prosecution in
Switzerland, even if the act was committed in a foreign country
where labor trafficking may not constitute a criminal offense.

(U) D. The Penal Code also punishes rape, forcible sexual
assault, and other sex crimes. Sexual activity with minors
(Article 187) and sexual acts with dependent persons (Article
188) are punishable with up to five years imprisonment; sexual
coercion (Article 189),rape (Article 190),and sexual
violations of mentally or physically incapacitated persons
(Article 191) are liable to a maximum ten year prison sentence;
sexual acts with detainees (Article 192) and taking advantage of
a person's distress or dependency due to employment or any other
condition to induce a sexual act or acceptance thereof (Article
193) carry a maximum penalty of imprisonment for up to three
years.

(U) E. The investigation and prosecution of forced prostitution
and human trafficking as well as the protection of victims in
Switzerland normally fall under the jurisdiction of the cantons,
and national statistics lag by 6-18 months.

Investigations & Prosecutions
--------------

(U) Under Switzerland's federal structure, the cantons hold
jurisdiction over most criminal infractions, and statistical
records of reported crime and police investigations vary greatly
from canton to canton. In 2007, the inter-cantonal Working
Group on Human Trafficking and Migrant Smuggling established a
database on the ongoing investigations and prosecutions on
suspicion of human trafficking or forced prostitution in the
cantons. Cantonal authorities report ongoing
investigations/prosecutions on a voluntary basis. The data base
is maintained by the Human Trafficking/Migrant Smuggling
Investigative Unit of the Federal Criminal Police, which also
coordinates inter-cantonal and international trafficking
investigations. According to this developing database, there
were at least 26 police investigations or prosecutions during
2008 for human trafficking for the purposes of sexual or labor
exploitation.

CONVICTIONS
--------------
Year Art. 196/182 Art. 195 Total
--------------

1999 7 14 21
2000 5 17 22
2001 2 17 19
2002 2 11 13
2003 7 6 13
2004 2 12 14
2005 12 15 27
2006 5 14 19
2007 18 17 35

(U) (Note: Swiss Federal Police contacts inform us that
statistics for 2008 will be available in August. End Note)

(U) In 2007, 25 individuals were convicted in charges brought
for a total of 35 TIP offenses. Penalties for 2007 convictions
ranged between 5 months suspended prison sentences to 4 years
prison sentences; in addition the traffickers received fines
ranging from $86(100 Swiss francs) to $18,292 (21,250 Swiss
francs). The courts also convicted traffickers to pay a maximum
of $ 12,912 (15,000 Swiss francs) in moral damages.

(U) F. Investigators of the Federal Criminal Police receive
specialized training in investigating incidences of organized
crime, including human trafficking. Under the 2001 Efficiency
Bill, the Federal Criminal Police obtained from the cantons the
jurisdiction to investigate and prosecute more complex cases of
human trafficking that span several cantons or are linked to

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organized crime. The Federal Criminal Police also handles
international cooperation in the investigation of incidences of
human trafficking.

(U) G. The Swiss government readily cooperates with other
governments in the investigation and prosecution of trafficking
cases. The Federal Criminal Police takes part in the expert
working groups of both Europol and Interpol.

(U) Switzerland has a bilateral cooperation accord between
Europol and the Swiss Police, allowing the latter to obtain
information from Europol's intelligence files on organized
crime, drug trafficking and terrorism. Under the terms of the
agreement, Swiss Federal Police have assigned to The Hague a
liaison officer whose role is to support and coordinate the
cooperation between Switzerland and other EU countries. There
is also a Swiss Police liaison at the headquarters of Interpol.

(U) On October 15, 2008, Switzerland and Eurojust, an EU agency
based in the Hague dealing with judicial co-operation, agreed to
strengthen cooperation beyond the existing 2006 bilateral
cooperation agreement in the fight against international crime.
The agreement is intended to institutionalize the exchange of
information between Switzerland and Eurojust, to ensure a high
degree of data protection, and to allow for a Swiss liaison
officer to Eurojust. Later on December 12, 2008, Switzerland
also joined the EU-Schengen Area, which therefore enables Swiss
judicial authorities to have access to the EU criminal database
and fight more effectively against criminal networks.

(U) H. Extradition is permitted if the act in question is
punishable under Swiss law and the law of the requesting state,
liable to a term of imprisonment of at least one year, and no
Swiss court is competent in the matter. No Swiss national shall
be extradited to a foreign country for penal prosecution or
execution of a verdict without his or her written consent. The
person in question may revoke consent until the order for the
extradition is issued. A request for extradition is complied
with only if the requesting country accords reciprocity.
Foreigners may be extradited to another state for offenses
punishable under its laws or for serving a term of imprisonment
if this state applies for extradition or accepts, upon request
of the Swiss authorities, to prosecute the person in question or
to execute a verdict cast by Swiss authorities. Swiss Police
statistics record extraditions only by country so no
extraditions statistics are available for specific criminal
offenses. There have been no changes to extradition law.

(U) I. Trafficking is not tolerated in Switzerland, and there
are no indications or reports that government officials are
involved.

(U) J. N/A

(U) K. Prostitution is legal for Swiss citizens and foreign
residents with valid work permits if the practitioners are
registered with police and comply with taxation and other
cantonal requirements. Pimping has been decriminalized since
1992, and brothel owners may legally sublet room and negotiate
the terms with the prostitutes. However, Article 195 of the
Penal Code penalizes abusing a state of dependency to induce
someone into prostitution or restricting a prostitute's freedom
with a prison term of up to ten years. Clients are not liable
before the law, unless they knowingly engage in sexual relations
with a prostitute younger than the required minimum age of 18
years.

(U) Some cantons (states) have adopted more stringent laws
regulating the sex trade. A hotline for victims of human
trafficking was launched in Geneva in June by the NGOs "Friends
of Humanity" and "End Human Trafficking Now!" The hotline allows
victims of human trafficking who are afraid to call the police
to obtain support. By calling the hotline, victims can get
social, psychological and medical assistance. They are also
assisted in finding temporary shelter and legal advice.

(U) In May 2008, the Jura cantonal government announced a
prostitution bill which would require persons engaged in
prostitution or sex salons to register. The bill contains
provisions adopted in the cantons of Vaud and Neuchtel in 2004
and 2005.

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(U) In the canton of Fribourg, prostitution reportedly has
increased significantly in recent years. Many prostitutes are
believed to be working illegally and it is suspected that many
sex salons are not registered. According to cantonal police
estimates, the canton of Fribourg officially has 250 registered
prostitutes. In addition, there are 40 to 50 sex salons, and
eight cabarets employing many dancers from foreign countries. It
is believed that many dancers, mainly from eastern European
countries, also engage in prostitution.

(U) L. There have been no indications or reports that Swiss
military or civilian personnel deployed on international peace-
keeping missions have engaged in or facilitated severe forms of
trafficking or exploited victims of such trafficking.
Switzerland pursues a zero-tolerance policy regarding sexual
exploitation by personnel participating in international peace-
keeping missions.

(U) M. The 2002 partial revision of the Penal Code providing for
the extraterritorial coverage of Switzerland's child sexual
abuse laws entered into force on January 1, 2007. Anybody
violating Swiss child sexual abuse laws is subject to
prosecution in Switzerland under the extraterritorial provisions
of the Penal Code regardless of the legislation of the foreign
country where the abuse took place.


V. PROTECTION AND ASSISTANCE TO VICTIMS
--------------

(U) A. Under the Swiss Victims Assistance LAW (OHG),all TIP
victims are entitled to help from government-funded victims
assistance centers for abuse victims or women shelters and enjoy
special safeguards during criminal proceedings, and cantonal
authorities do provide these protections in practice.
Switzerland does not yet have a comprehensive witness protection
program providing victims of crime with new identities.

(U) On January 1, 2009, a revision entered into force, which
requires the cantonal victim assistance centers to take into
account the special needs of different groups of victims of
crime. Under the revised OHG, a canton can pay financial
compensation to another canton for counseling services provided
to a victim of crime within the latter cantonQs jurisdiction.
This is meant to provide urban centers additional incentives and
resources to establish specialized regional victim counseling
centers, such as a victims' assistance centers tailored to
supporting TIP victims.

(U) In 2007, Parliament adopted a new federal code of criminal
trial proceedings that will supplant the existing 26 cantonal
codes. The new federal code strengthens the existing witness
protection measures under the OHG in order to avoid a
perpetrator in a TIP case learning the identity of a prosecution
witness and it gives witnesses the right to call on an attorney
and/or a confidante during court proceedings. The government
plans to put the new federal code into effect at the beginning
of 2010. Implementation requires several years because, even
under the new federal code of criminal trial proceedings, law
enforcement remains the dominion of the cantons. Cantons need
time to amend their legislation and adjust cantonal operating
modes to the new federal regulations on court proceedings.

(U) Since 2003, the government has strengthened protective
measures of cabaret/night club dancers on temporary artistic
visas, so called L-permits, often thought of as being at special
risk of being exploited by their employers. In 2003, the
Economics Ministry, the Federal Office for Migration, the
Association of Concert Halls, Cabarets, Nightclubs, and
Discotheques (ASCO),and FIZ Zurich adopted a standard labor
contract for the employment of cabaret dancers, effective
beginning of 2004. The standard labor contract regulates the
rights and responsibilities of both contracting parties,
stipulates salary and the details of traveling costs, and
contains labor law provisions on night shifts and rest periods.
According to the terms of the standard labor contract, cabaret
dancers earn a gross income of 4,800 Swiss francs for 23 working
days per month. After deduction of a source tax, rent, social
security, and unemployment insurance contributions, the cabaret
dancers earn a net income of 2,200 Swiss francs per month. The
Economics Ministry and the Cantonal Labor Inspectorates monitor

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implementation. L-permit applicants have to sign a copy of
their labor contract with the Swiss cabaret or nightclub in the
presence of a Swiss consular official in their country of
origin.

(U) In 2006, the Federal Office for Migration issued a new set
of regulations regarding L-visa holders. The regulations
explicitly stipulate that the contractual salary of the cabaret
dancer be transferred to a bank account in that person's name
and that the nightclub employer bears responsibility for signing
a health insurance contract on the cabaret dancer's behalf,
which must be mentioned in the labor contract. Both
requirements are designed to facilitate the monitoring of
working conditions by cantonal labor Inspectorates.

(U) B. Under the OHG, TIP victims, are entitled to free and
immediate material and medical aid as well as psychological,
social, and legal assistance. Local victims assistance centers
have to provide TIP victims with a minimum of 14 days of
emergency lodging, 14 days of living allowance, 4 hours of
consultation with a lawyer and 5 sessions of psychotherapy, with
all other expenses for medical treatment, transportation,
personal safety, or translation services being covered by the
government. If recovery requires more time, the government is
obligated to assume the additional cost of longer-term care.
The victims' assistance center may lodge a TIP victim in a
shelter for battered women.

(U) According to Swiss federal government statistics, in
2007 (Note: the KSMM informs post that 2008 statistics will be
available in August. End Note.) a total of 128 victims of human
trafficking or forced prostitution received help from government
victims assistance centers, compared to 90 in 2006. The NGO FIZ
Makasi, an assistance center counseling TIP victims, assisted
167 trafficking victims in 2007, compared to 133 in 2006, 116 in
2005 and 85 in 2004. FIZ Makasi, which was launched in 2004 by
the Zurich-based NGO FIZ, has received some financial
contributions from the federal government and several cantons
for counseling services offered to TIP victims under their
jurisdiction. The Canton of Zurich in 2007 contracted out the
counseling of TIP victims to FIZ Makasi and continues to support
the umbrella agency FIZ.

(U) Foreign juvenile victims of crime under 18 years of age have
to be placed under the protection of the Cantonal Guardianship
Office (Vormundschaftsbehoerde) during their stay in
Switzerland. In criminal court proceedings, the OHG provides
special protective measures for juvenile victims of crime:
Questioning by police or the investigative magistrate must occur
soon and the testimony is recorded on videotape. Cross-
examinations are not allowed. The questioning has to be done by
a recognized expert and no more than two sessions are allowed.
The law recognizes the special needs of juvenile victims of
crime and they may only serve as witnesses of the prosecution if
their testimony is indispensable for the conviction of a
suspect.

(U) In case of the repatriation of a juvenile victim of crime
(after the end of the stay-of-deportation proceedings or a
criminal court procedure),the Federal Office for Migration and
cantonal migration offices have to take into account that the
person in question is a minor under 18 years of age. Under the
law, a return to the country of origin is only permissible if
the authorities have ascertained that the juvenile can be placed
again in the care of the parents or a close relative, or if
there is a satisfactory care structure in place in the country
of origin.

(U) Post has requested information from Swiss authorities
regarding whether specialized care for male victims of TIP is
available in Switzerland, and will convey the result of that
query in a supplemental report.

(U) C. Federal and cantonal governments provide some funding to
NGOs and women shelters that provide services to TIP victims,
primarily on the basis of agreed per capita payments for
services rendered to victims. Under the 1993 OHG, all cantons
are obligated to offer TIP victims the services listed above.
Internationally, the Swiss Ministry of Foreign Affairs provides
funding to International Organizations and NGOs providing
services to TIP victims, primarily through its development aid

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arm SDC and the rest through its human rights and human security
division. Post has requested the MFAQs TIP-related funding
statistics for 2008, and will provide that information in a
supplemental report.

(U) D. The government does assist foreign victims of trafficking
by granting relief from deportation and providing temporary to
permanent residency status in cases of serious hardship. Under
the Federal Law on Foreigners, effective January 1, 2008,
cantonal immigration authorities are expected to grant TIP
victims a minimum 30-day stay of deportation proceedings to let
them recover from their trauma and weigh participation in
judicial proceedings against their traffickers (cantonal
immigration authorities have been granting temporary stays of
deportation to TIP victims since 2004, in accord with federal
guidelines). Cantonal immigration authorities may admit TIP
victims willing to cooperate with judicial authorities for up to
three months or may issue short-term residency permits (with the
consent of the federal authorities) if the criminal
investigation takes longer. In 2007, cantonal immigration
offices granted the 30-day stays of deportation proceedings to
33 trafficking victims (39 in 2006) and issued 6 short-term
residency permits for the duration of legal/court proceedings
against their traffickers (three in 2006). Post will provide
2008 statistics on stays of deportation proceedings for TIP
victims in a supplemental report, when that information is
available from Swiss federal authorities.

(U) E/F. The new Federal Law on Foreigners further strengthens
the legal status of TIP victims and witnesses, explicitly
authorizing the government to waive normal immigration
requirements and grant residency permits for victims of human
trafficking as well as witnesses in human trafficking cases.
The Federal Office for Migration grants trafficking victims
temporary admission in Switzerland if they are at risk of
personal harm as witnesses in criminal proceedings or if a
return to the country of origin is deemed unreasonable. In
2007, four victims were granted such long-term residency permits
on grounds of personal hardship after the end of court
proceedings (three in 2006). The law also allows the federal
government to logistically and financially assist trafficking
victims and witnesses for whom a return is acceptable in their
re-integration in their countries of origin. In April 2008, the
Federal Office for Migration started a two-year pilot project to
assist trafficking victims and witnesses in their return to and
re-integration in their home societies. Post will provide 2008
statistics on any residency permits provided to TIP victims in a
supplemental report, when that information is available from
Swiss federal authorities.


G. The government enacted new protective measures for TIP
victims. The number of TIP victims receiving counseling
services from professional assistance centers for victims of
crime rose from 90 in 2006 to 128 in 2007.

(U) Embassy contacts stress that statistics available indicate
that persons on L-permits do not figure prominently among TIP
victims. For example, of the 167 TIP victims counseled by the
anti-TIP NGO FIZ in 2007, 30 had entered the country on a L-
permit. Roughly half of the TIP victims counseled by FIZ
crossed the border into Switzerland either without proper
documentation or as tourists. Police authorities share the
assessment that the great majority of TIP victims enter the
country without any proper documentation.

(U) H. Ten cantons have established a formal referral process
for TIP victims to improve their protection and security by
regulating the procedures for identifying and referring TIP
victims for assistance. As noted above, the government has
strengthened protective measures of cabaret/night club dancers
on temporary artistic visas, so called L-permits, often thought
of as being vulnerable to exploitation by their employers.

(U) I. Under the new Federal Law on Foreigners, effective
January 1, 2008, cantonal migration authorities are expected to
grant TIP victims a stay of deportation proceedings to recover
from their trauma and weigh participation in judicial
proceedings (cantonal immigration authorities have been granting
temporary stays of deportation to TIP victims since 2004, in
accord with guidelines sent out by the FOM). The new law
further strengthens the legal status of TIP victims and

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witnesses, explicitly authorizing the government to waive normal
immigration requirements and, in cases of serious hardship,
grant residency permits for victims of human trafficking as well
as witnesses in human trafficking cases.

(U) The new Federal Law on Foreigners also allows the federal
government logistically and financially to assist in the
voluntary return to and re-integration of trafficking victims
and witnesses in their countries of origin. The Federal Office
for Migration in April 2008 started a two-year pilot project to
assist primarily victims and witnesses of human trafficking and
secondarily cabaret dancers in Switzerland who are in an
exploitative situation. The pilot project is being implemented
in co-operation with cantonal bodies assisting returning
migrants and the International Organization for Migration.
Under the new Federal Law on Foreigners, the beneficiaries of
the pilot program receive the same assistance and have access to
the same counseling services as are offered to asylum seekers
returning voluntarily. This includes financial, material, and
medical assistance in the return to the country of origin. The
pilot project takes into account the special needs of TIP
victims (i.e. risk assessment, rehabilitation programs, etc.).
After the pilot phase, the project will be evaluated and
potentially modified. It is expected to be turned into an
indefinite TIP victim return assistance program.

(U) J. The Swiss Government encourages TIP victims to assist
judicial authorities in trafficking investigations and
prosecutions by granting them temporary residency and financial
support, and admitting them to stay if a return to their country
of origin posed a serious risk of personal harm. The Swiss
Victims Assistance Law (OHG) safeguards TIP victims' rights in
criminal prosecutions with special rules for trial procedures
and for compensation and redress. The OHG covers all victims of
crimes, including foreigners staying illegally in Switzerland.
The OHG provides for the special protection of witnesses'
identity in criminal court proceedings: victims/witnesses may
request the trial to take place behind closed doors and avoid
confrontation with the defendant. The OHG is a federal law and
thus binding on all cantonal codes of criminal trial
proceedings. TIP victims may also file civil suits against
their traffickers and seek financial compensation. Under the
new Federal Law on Foreigners, effective January 1, 2008, TIP
victims temporarily admitted for the duration of court
proceedings against their traffickers may be issued a work
permit during their stay.

(U) Several major urban centers have established a referral
process for TIP victims in the context of regular roundtable
meetings between NGOs and cantonal justice, police and
immigration authorities. As a direct result of the regulation to
stay deportation proceedings and the better cooperation between
NGOs and law enforcement officials, the number of TIP victims
willing to testify against their traffickers has risen
considerably. FIZ reports that of the 167 TIP victims being
counseled during 2007, 83 were testifying to law enforcement
officials against their trafficker. In 2005, 37 out of a total
of 116 TIP victims had cooperated with judicial authorities. In
other words, the percentage of TIP victims willing to testify
against their traffickers rose from less than 10 percent to over
50 percent in a matter of a few years.

(U) K. The GOS provides extensive training for government
officials in identifying trafficking victims and providing
assistance. The Swiss Police Institute in 2007 held specialized
five-day anti-TIP workshops for migration and law enforcement
officials and border guards.

(U) The Swiss Department of Foreign Affairs briefs experts and
diplomatic personnel about the problem of trafficking in human
beings prior to their postings abroad, and draws their attention
to a code of conduct drafted by a joint working group on human
trafficking. According to these rules, diplomatic staff shall
stay clear of any person who can reasonably be suspected of
engaging in trafficking in human beings or those who are
involved in other criminal activities under the laws of either
the host country or of Swiss or international law. The
Department of Foreign Affairs also urges its embassies and
consulates to develop ongoing relationships with NGOs assisting
trafficking victims.


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(U) The Federal Department of Foreign Affairs anti-TIP
information and prevention program for visa applicants is
conducted by all Swiss consulates worldwide. The program (that
started as a pilot project at Embassies Moscow and Kiev)
consists of the following elements: a personal interview with
every first-time L-visa applicant; the signing of a standardized
labor contract with a Swiss night club in the presence of a
Swiss consular official; a briefing of the L-visa applicant on
her or his legal and contractual rights; and an information
brochure with the phone numbers and addresses of victim
assistance hotlines or drop-in centers in Switzerland for
persons in need.

(U) L. N/A

(U) M. The following is a list of IOs and NGOs operating in
Switzerland that provide services to trafficking victims:
Terre des Hommes, Switzerland;
Ecpat Switzerland (end child prostitution, child pornography and
trafficking of children for sexual purposes);
International Organization for Migration;
International Labor Organization;
Women's Information Center for Women from Africa, Asia, Latin
America and Eastern Europe (FIZ): counseling,
publications/articles, symposiums/workshops, participation in
round tables with aids-prevention and anti-violence groups,
multi-lingual educational radio programs, and international
contact building.

(U) In addition, a number of smaller NGOs counseling women in
the sex trade as well as women shelters that exist in most urban
centers, deal with the problem of human trafficking. A great
number of these organizations are linked in the national network
"Prostitution Collective Reflection" (ProKoRe). The major
counseling centers and primary points of contact of ProKoRe are
FIZ in Zurich, Xenia in Bern, and ASPASIE in Geneva.

(U) The national organizations and domestic NGOs typically deal
with TIP victims, prostitutes, and victims of domestic violence
and offer victim counseling, crisis intervention and emergency
lodging, legal and medical assistance, and assisted returns to
the country of origin. Cooperation with local authorities is
varied but typically includes regular meetings and
institutionalized information exchange, cooperation in the
context of working groups or roundtables, financial support by
local communities and cantons, as well as public funding for
specific projects.

VI. PREVENTION
--------------

(U) A. In conjunction with the European Soccer Cup (Euro 08),
which Switzerland hosted jointly with Austria in June 2008, the
federal government provided $96,000 (100,000 Swiss francs) to
NGOs to kick-start suitable public awareness campaigns against
trafficking and forced prostitution. The campaign primarily
targeted potential QclientsQ of prostitutes.

(U) The Swiss Ministry of Foreign Affairs hosted a conference on
November 12 dedicated to the topic of QThe Overlaps of
Prostitution, Migration, and Human Trafficking.Q The conference
was held in Bern and attended by experts from governments, NGOs,
and multi-lateral organizations (please see also BERN 32).

(U) B. Switzerland's borders are adequately monitored and
immigration regulations are stringent. Switzerland's visa
sections in countries of origin inform applicants of "artistic
visa" or L-permits about their rights when working in
Switzerland. Information brochures are available in 16
languages. Some embassies have also displayed respective
information on their homepage.

(U) Swiss Foreign Affairs Department officials have sensitized
visa adjudicators to the problem and have invited NGOs to give
training to embassy staff.

(U) The Swiss Border Guards, an administrative unit of the
Federal Department of Finance, cooperate closely with the
Federal Office for Migration on issues of asylum and migration.
Combating irregular migration and the smuggling of migrants is a
priority for the Swiss Border Guards. Border Guard officials

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receive special training to heighten awareness of human
trafficking as part of the normal training program. Members of
the Swiss Border Guards took part in the training classes in
combating human trafficking held at the Swiss Police Academy in
Neuchatel in April and October 2007. Border guards report all
suspicious activities to the cantonal police force of the area,
which holds sole authority for further criminal investigations.
However, in practice it has proven difficult for border guard
officials to spot victims of human trafficking because the
latter often give only limited information about themselves and
commonly do not denounce their traffickers out of fear of
reprisals. The leadership of the Swiss Border Guards, the
Federal Office for Refugees, and the Federal Office for
Migration are all represented on the KSMM to assure the flow of
information and the analysis of immigration patterns for
evidence of trafficking.

(U) The Ministry of Foreign Affairs constantly adjusts measures
to combat visa abuse, ensuring that procedures are tailored to
local conditions. In 2005 the MFA introduced systematic risk
assessments and began subjecting Swiss missions to comprehensive
inspections every four years. The MFA puts special importance
on raising awareness among visa clerks and their line managers
and on their careful screening and preparation for the task in
high-risk missions.

(U) C. The key office coordinating the anti-trafficking efforts
of the various government agencies is the Coordination Unit
against the Trafficking of Persons and Smuggling of Migrants
(KSMM),which started operations at the beginning of 2003.
Formally a part of the Federal Office of Police, the KSMM
processes and passes information and coordinates policy within
the federal administration as well as between the federal
agencies and the cantons (states). It is also the primary point
of contact for international inquiries on all issues linked to
illegal migration and human trafficking.

(SBU) In May 2008, the Swiss federal government organized a
visit of 15 Swiss police, judicial, and NGO officials to Romania
for a dialogue on TIP prevention and to coordinate on some
concrete TIP cases. MFA officials have informed post that the
Swiss federal government plans to use this exchange as a model
for dialogue and coordination with other countries.

(U) Internationally, Switzerland was one of the initiators of
the OSCE Action Plan to Combat Trafficking in Human Beings and
has been supporting the OSCE Special Rapporteur since 2000, both
financially and with expert secondments.

(U) D. The KSMM seeks to implement the national action plan that
its interdepartmental steering committee first adopted in 2003.
In keeping with its decentralized structure, the steering
committee is the KSMM's highest organ. The steering committee
consists of directorate-level representatives of the federal
departments involved in combating human trafficking, delegates
from cantonal conferences and associations, as well as
representatives from three NGOs and international organizations
with a consultative status. The Steering Committee sets targets
and the guidelines for the KSMM's activities and controls the
drafting and implementation of measures. The Steering Committee
is chaired by the Federal Office of Police. Specific measures
are developed and implemented either by working groups set up
for that purpose or by individuals with special support from
the KSMM Secretariat.

(U) E. In conjunction with the European Soccer Cup (Euro 08),
which Switzerland hosted jointly with Austria in June 2008, the
federal government provided $96,000 (100,000 Swiss francs) to
NGOs to kick-start suitable public awareness campaigns against
trafficking and forced prostitution. The campaign primarily
targeted potential QclientsQ of prostitutes.


F. (U) In summer 2008, the Association of Travel Offices in
Switzerland signed an International Code of Conduct related to
preventing child abuse abroad. In coordination with this
effort, the Swiss federal police added a form to its internet
site where suspected incidents of child sex tourism can be
reported to appropriate law enforcement authorities.

(U) G. Switzerland pursues a zero-tolerance policy regarding
sexual exploitation by personnel serving in international peace-

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keeping missions. It lobbied multilateral bodies to adopt a
zero-tolerance policy and has itself adopted this policy in its
National Action Plan to implement UN Security Council Resolution
1325 (which the GOS adopted on January 31, 2007) All civil and
military persons serving in peace-keeping missions are subject
to the Code of Conduct of the UN (and/or NATO-PfP respectively).
Specific Swiss government training modules discuss the problem
of human trafficking and the vulnerability of women to sexual
abuse in armed conflicts - including also by international
peacekeepers. At the duty station, establishments associated
with commercial sex are designated off-limits to staff deployed
on peace-keeping missions. Compliance with this regulation is
monitored by Swiss military policing units on the ground and
violations are punished. There have been no reports of serious
misconduct of Swiss civilian or military staff deployed on
international peace-keeping missions.

Post POC
--------------

(U) Chris Buck, Deputy POL/E Counselor
Tel. [41] (31) 357-7213
Fax. [41] (31) 357-7344
[Note: Post will provide an estimate of the number of hours
spent in preparation of this report (and the ranks of the
various personnel contributing those hours),when the report has
been finalized. End Note]

CARTER