Identifier
Created
Classification
Origin
09BISHKEK224
2009-03-16 10:21:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Bishkek
Cable title:  

KYRGYZSTAN 2009 TRAFFICKING IN PERSONS (TIP) REPORT

Tags:  KTIP KCRM PHUM KWMN ELAB SMIG KFRD PREF ASEC KG 
pdf how-to read a cable
VZCZCXRO0368
RR RUEHAST RUEHBI RUEHCI RUEHDBU RUEHLH RUEHLN RUEHNEH RUEHPW RUEHSK
RUEHVK RUEHYG
DE RUEHEK #0224/01 0751021
ZNR UUUUU ZZH
R 161021Z MAR 09
FM AMEMBASSY BISHKEK
TO RUEHC/SECSTATE WASHDC 1949
INFO RUCNCIS/CIS COLLECTIVE
RUCNCLS/ALL SOUTH AND CENTRAL ASIA COLLECTIVE
RUEHAD/AMEMBASSY ABU DHABI 0154
RUEHAK/AMEMBASSY ANKARA 0776
RUEHTH/AMEMBASSY ATHENS 0119
RUEHBK/AMEMBASSY BANGKOK 0151
RUEHBJ/AMEMBASSY BEIJING 2955
RUEHRL/AMEMBASSY BERLIN 0764
RUEHDM/AMEMBASSY DAMASCUS 0068
RUEHNC/AMEMBASSY NICOSIA 0074
RUEHUL/AMEMBASSY SEOUL 0226
RUEHDE/AMCONSUL DUBAI 0168
RHMFIUU/DEPT OF HOMELAND SECURITY WASHINGTON DC
RUEAWJA/DEPT OF JUSTICE WASHDC
RUEHC/DEPT OF LABOR WASHDC
RUEATRS/DEPT OF TREASURY WASHDC
UNCLAS SECTION 01 OF 22 BISHKEK 000224 

SENSITIVE
SIPDIS

DEPT FOR G/TIP, G-ACBlank, G, DRL, INL, PRM, SCA/RA, SCA/CEN
STATE PLEASE PASS TO USAID

E.O. 12958: N/A
TAGS: KTIP KCRM PHUM KWMN ELAB SMIG KFRD PREF ASEC KG
SUBJECT: KYRGYZSTAN 2009 TRAFFICKING IN PERSONS (TIP) REPORT

Ref: State 132759

BISHKEK 00000224 001.2 OF 022


UNCLAS SECTION 01 OF 22 BISHKEK 000224

SENSITIVE
SIPDIS

DEPT FOR G/TIP, G-ACBlank, G, DRL, INL, PRM, SCA/RA, SCA/CEN
STATE PLEASE PASS TO USAID

E.O. 12958: N/A
TAGS: KTIP KCRM PHUM KWMN ELAB SMIG KFRD PREF ASEC KG
SUBJECT: KYRGYZSTAN 2009 TRAFFICKING IN PERSONS (TIP) REPORT

Ref: State 132759

BISHKEK 00000224 001.2 OF 022



1. (SBU) Following is Embassy Bishkek's 2009 Trafficking in
Persons report. The report follows the response format
outlined in reftel.

U.S. Embassy Bishkek trafficking point of contact:
Valerie J. Chittenden, Consul
Tel: (996-312) 551-241 x 4441
Fax: (996-312) 551-264
Email: ChittendenVJ@state.gov
Number of hours spent on report preparation: CONS Section: 80; P/E
Section: 8.


2. (SBU) Begin text:

--------------
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?

Reliable data on the number of people trafficked is
unavailable because no baseline study has been conducted
since 1999. The International Organization of Migration (IOM) and
the Kyrgyz State Committee on Migration and employment (SCME) gather
trafficking information in their efforts to combat it. Gathering
data on the number of Kyrgyz trafficking victims is further
complicated by the fact that citizens of other Central Asian
countries, such as Uzbekistan, often purchase old Kyrgyz passports
for use in lieu of their own national travel document - causing
victims to be misidentified in destination countries.


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)?


In September 2008, the Kyrgyz Parliament passed a new National
Action Plan against Human Trafficking. The goals of the Action Plan
are to improve the existing TIP legislation by widening the
definition of trafficking in persons, the increase public awareness,
to continue to fight trafficking and to increase the social
protections and assistance to TIP victims. With this Action Plan and
other measures, the Government has been taking steps
during the reporting period to address the issue of
trafficking in persons

Kyrgyzstan is a country of origin and transit, and, to a lesser
degree, destination for internationally trafficked
people. Internal trafficking for both labor and sexual
exploitation also occurs, generally from poor rural areas to larger
cities such as Bishkek in the north and Osh in the south. There are
no areas within the country that are outside of government control.

According to IOM, NGOs, and the government, most frequently
individuals are trafficked to Kazakhstan (to work in the
agricultural sector, mostly on tobacco fields),Russia (industry,
commerce, construction) and China (bonded labor); and to the UAE,
China, South Korea, Turkey, Greece, Cyprus, Thailand, Germany, and
Syria for sexual exploitation. IOM estimates that up to 4,000 Kyrgyz
women work in the UAE as prostitutes; however, it is uncertain how

BISHKEK 00000224 002.2 OF 022


many of those women were trafficked. Most of these women are
presumed to be victims of trafficking, although no reliable studies
on the actual number of trafficking victims has been conducted. A
significant number of trafficking victims are also presumed to be
working in Kazakhstan and Russia, where large numbers of Kyrgyz
labor migrants work on farms (in Kazakhstan) and in trading,
construction, and factories (in Russia). By various estimates, the
number of Kyrgyz labor migrants currently working in Kazakhstan
range from 30,000-300,000, depending on the season. Another
250,000-400,000 Kyrgyz citizens are estimated to be working in
Russia. The bulk of these are economic migrants, given the high
unemployment and relatively stagnant economy in Kyrgyzstan, and are
not trafficked. The precise number of those Kyrgyz citizens working
in Russia and Kazakhstan who may be victims of trafficking is,
however, unknown. The State Committee on Migration and Employment
(SCME) maintains a presence in Kyrgyz Embassies and Consulates in
Russia as well as individual offices in Russian cities with large
number of Kyrgyz workers. These offices provide assistance to
Kyrgyz workers who may or may not be subject to labor exploitation.
During this past year, the SCME opened new offices in Orenburg,
Novosibirsk, and Krasnoyarsk in addition to their offices in Moscow,
St. Petersburg and Yekaterinburg. Numerous government officials and
NGOs have noted, however, that the large numbers of Kyrgyz citizens
working in Kazakhstan and Russia is a net positive for the country
since it significantly reduces the number of unemployed people in
Kyrgyzstan and at the same time provides much needed remittances to
the families of migrant workers. Local press reports indicate that
the total amount of money remitted from Kyrgyz citizens abroad
ranges from $700 million to $1 billion for 2008. Most Kyrgyz
citizens working in Kazakhstan, and to a lesser extent in Russia, do
so on a seasonal basis, usually returning to Kyrgyzstan for the
winter.

Kyrgyzstan is a transit country for smaller numbers of
trafficking victims from Uzbekistan, Tajikistan,
Turkmenistan, and South Asia to Russia, the UAE, Turkey and both
Eastern and Western Europe. During the past year Kyrgyzstan,
particularly the city of Osh, was a destination and transit point
for women trafficked from Uzbekistan for purposes of sexual
exploitation.

Both NGOS and representatives from the Kyrgyz government
characterize TIP as remaining a steady problem during the reporting
period. While there were no significant increases or decreases,
there was marked activity in prosecuting TIP cases. According to the
General Prosecutor's Office, 17 criminal cases were opened in 2008;
40% of those investigations were transferred to trial. Twelve
individuals were convicted, while only one criminal case was
dropped. In two of the cases, the suspects fled abroad and the
trials were suspended. In previous years, gathering such statistical
data was incredibly difficult, and often resulted in no data to
report. The Prosecutor General's office not only provided
statistics, but listings in each case showing that TIP cases were
prosecuted in five of Kyrgyzstan's seven provinces.
The number of people working illegally in Russia and
Kazakhstan has been declining during the last four years as channels
for legal labor migration expanded due to bilateral agreements on
labor migration with these two countries. In 2005, Russia passed
legislation giving a preferential treatment to Kyrgyz citizen
workers in Russia. The Kyrgyz government had worked closely with the
Russian government to secure passage of the measure as a means of
better protecting Kyrgyz workers in Russia. In 2006, the Kyrgyz
government reached an agreement with Russian authorities simplifying
rules for crossing the Russian border: starting Nov. 1, 2007, Kyrgyz
citizens were authorized visa-free passage across the border using
their domestic passport or identification card. Additionally, the
SCME has worked to develop electronic means for Kyrgyz workers to
receive their salary - in order to ease remittances back to
Kyrgyzstan but also to decrease vulnerability to robbery and forced
labor. The Kyrgyz government continues to work with the Russian and
Kazakh governments to protect its citizens working in those
countries. According to the Chairperson of the SCME, Kyrgyzstan

BISHKEK 00000224 003.2 OF 022


actively worked with the governor of Almatinsky Province in
Kazakhstan to reduce the number of Kyrgyz citizens working on
tobacco plantations in Kazakhstan. As noted above, tobacco
plantations are among the primary TIP destinations for Kyrgyz
workers in Kazakhstan. Through their efforts, the SCME reduced the
numbers of such workers from an estimated 10,000 in 2006 to an
estimated 3,000 workers presently. It is not known how many of these
workers may have been victims of TIP.

NGOs and the Kazakh government reported an increase in the flow of
legal labor migrants from Kyrgyzstan during the past three years,
especially in spring and summer. The number of officially registered
Kyrgyz migrants in Kazakhstan has increased by 30 percent. According
to IOM's Bishkek office, approximately 70 percent of Kyrgyz migrants
to Kazakhstan work on a contractual basis, with the other 30 percent
working with only verbal contracts. Most Kyrgyz migrants work as
traders at markets or perform unskilled labor in the agricultural
and construction sectors of Kazakhstan; a smaller group includes
young people working in the IT sector, consulting companies and
businesses requiring special skills.

In February 2007, the government announced the decision of
the South Korean government to include Kyrgyzstan on its
official list of countries exporting labor into the country,
allowing Kyrgyz labor migrants to work legally in Korea. Previously,
Kyrgyzstan had a quota of 400 labor migrants, but the actual number
was thought to be much higher. Despite these new legal protections,
the SCME reported several cases of trafficking including one group
of athletes who are currently awaiting repatriation from South
Korea.

Bride kidnapping is also part of the trafficking problem in
the Kyrgyz Republic because it involves, in many cases,
forced marriage and movement - even if it only occurs within the
same oblast or town. Increased reports of bride kidnappings have
been attributed to a weak economy, as young men cannot afford to
marry according to traditional practices. Bride kidnapping is
considered to be a part of Kyrgyz culture even though it only
reportedly became prevalent in the last 200 years. A 2003 study
indicated that the problem is particularly severe in northern
Kyrgyzstan. Research indicates that up to one-third of ethnic Kyrgyz
women in northern Kyrgyzstan may be married against their will as a
result of bride kidnapping. Another 20 percent of marriages among
ethnic Kyrgyz are the result of consensual bride kidnapping, which
is done by some out of respect for tradition. During the past
reporting period, a US citizen was the victim of bride kidnapping
and was held against her will for several days before she escaped.
While it is typical for a group of young men to actually perform the
kidnapping, it is not unusual for female relatives to assist them -
sometimes urging the "bride" to just give in. According to NGOs
(Healthy Generation and Spravedlivost),seven out of ten couples
married through bride kidnapping eventually get divorced. Women who
refuse to acquiesce can face rejection from their families, and
intense ostracism - thus making them a vulnerable part of the
population.


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

The conditions victims are trafficked into vary by destination and
the type of exploitation. In a book published in 2007 by the
International Organization for Migration (IOM) entitled "Two Kyrgyz
Women," the author interviewed TIP victims and described the
circumstances of victims of labor and sexual exploitation. Victims,
who were trafficked to Kazakhstan and sometimes Russia, face long
overland journeys in crowded vans or buses that can last for days
with no break in the trip. Workers on Kazakh farms described living
in communal mud huts with no running water or electricity and being
forced to work long hours in extreme weather conditions. Female
farm works faced the constant threat of rape in addition to forced
labor. In "Two Kyrgyz Women," the victim of sexual exploitation
told of being kept in a communal apartment in Dubai, and that she

BISHKEK 00000224 004.2 OF 022


was only allowed out to hotels and bars to attract customers.


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.)?

Residents of poor rural areas of the country, particularly in the
south, are most vulnerable to labor trafficking to
Kazakhstan and Russia. Poor ethnic Kyrgyz women from impoverished
areas are the most frequent victims of sexual
trafficking. According to IOM, of the 117 victims of trafficking in
2008, 82 were men while 35 were women. Of the 117 cases, 99 involved
forced labor.

Victims are trafficked from all areas of the country, with southern
Kyrgyzstan in particular being the largest source area for
trafficking victims; the majority of trafficking victims were
believed to be victims of labor trafficking. International
Organization for Migration (IOM) estimates that about 70 percent of
TIP victims are from the southern provinces of Batken, Jalalabad,
and Osh, where unemployment rates are the highest.

Populations targeted by traffickers include women of both
Slavic and Central Asian (Kyrgyz, Tajik and Uzbek)
ethnicities, especially in the 18-25 age group. Unemployed
poor people, particularly from southern Kyrgyzstan and rural areas,
are also heavily targeted for seasonal agricultural work in
Kazakhstan and for construction and industrial sector work in
Russia. Press reports during the reporting period indicate that
traffickers range from individuals or family-based syndicates to
well-organized groups.


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?

NGOs and government sources reported that agencies offering
employment abroad, travel, and modeling contracts often serve as
fronts for trafficking operations. NGOs and the government also
cited agencies that promote work or marriage abroad as the main
conduits for trafficking victims for sexual exploitation. Such
companies place advertisements in the media about marriage to
foreigners, high salaries working in restaurants or as domestic
servants to lure recruits. Women trafficked into prostitution are
frequently recruited by former trafficking victims themselves, who
now work for or become traffickers.

Recruiters for labor migrants often go to villages where jobs are
scarce and call out for recruits over loudspeakers. In Bishkek and
other cities, labor recruiters will "advertise" available positions
and salaries via announcements on the public address systems at
major bazaars where people congregate. Recruits are then bused to
Kazakhstan for work on farms. Agricultural workers are also often
recruited by word of mouth after recruiters spread rumors of
lucrative work abroad. An unknown number of these labor migrants may
become trafficking victims.

Traffickers usually provide travel documents, including
passports and visas. In the case of women trafficked to the
UAE, traffickers provide forged travel documents indicating
an older age for the victims in an effort to bypass the UAE
regulations.


BISHKEK 00000224 005.2 OF 022


In the past there were reports of blank Kyrgyz passports
stolen from passport agencies. Later, investigation of several TIP
cases revealed that traffickers used the stolen passports. The
availability for purchase of Kyrgyz passports led to the US
government ceasing to recognize it as a travel document in 2004. Not
only was the pre-2004 passport widely sold, but the lack of security
features led to rampant forgery. While the US and the UK do not
recognize this passport and the Kyrgyz government has ceased to
issue it, the pre-2004 passport is still accepted for travel to most
Schengen countries and the UAE until 2010. Kyrgyz citizens have the
option of continuing to extend this passport for use until 2011.
Kyrgyz citizens do not need a passport to travel to Russia or
Kazakhstan and often cross the border without any documentation -
thus making them more vulnerable to traffickers. Recent
prosecutions indicate that this "old style" Kyrgyz passport is still
the tool of choice of traffickers. Kyrgyz passports are used by
Kyrgyz, Uzbek and other Central Asian groups. In fact at a May 2008
regional conference in Tashkent, Uzbek authorities specifically
raised the issue of the availability of the old Kyrgyz passports and
stated that large numbers of Uzbek TIP victims make use of this
document. This can often lead to misidentification of the
nationality of TIP victims in destination countries.

-------------- --------------
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?

The government acknowledges that trafficking is a problem in the
Kyrgyz Republic. In addition to existing legislation that
specifically outlaws trafficking in persons, Parliament passed a new
National Action Plan in September 2008 to continue its efforts to
fight human trafficking.


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

The Office of the Prosecutor General, the Ministry of Internal
Affairs, the Ministry of Foreign Affairs, the National Security
Service, the National Border Service, the Customs Agency, the
Ministry of Labor and Social Protection, the Ministry of Education,
the Ministry of Health, and local administrations are all involved
with anti-trafficking efforts. The law on Prevention and Combating
Trafficking in Persons, adopted in 2005, specifically states the
role of each Ministry and office in combating TIP. The State
Committee of Migration and Employment is the lead agency in
coordinating anti-TIP actions. It replaced the National Council on
Fighting Human Trafficking. The State Committee on Migration and
Employment (SCME) is the only agency that has adequate staffing and
works continuously on TIP. The Committee has regional offices in all
seven oblasts and in Bishkek.


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?

The government's ability to address TIP was limited by
significant changes that followed the "Tulip Revolution" of
March 2005. Continued economic stresses limit the amount of
financial assistance the government can provide to normal citizens
in need, much less victims of trafficking. According to estimates,
the Kyrgyz budget in 2009 will face a potential budget deficit of
$212.2 million. Changes in the structure of the government, a
continued high turnover of individuals responsible for
conducting/coordinating anti-TIP activities, and the lack of staff
with experience in dealing with TIP issues delayed

BISHKEK 00000224 006.2 OF 022


anti-TIP activities at that time. Kyrgyzstan adopted a new
constitution in October 2007. There were pre-term parliamentary
elections and a new prime minister and cabinet were appointed in
December 2007. Inadequate funding of law enforcement agencies and
low salaries of law enforcement officers, coupled with corruption
also weakened the government's ability to address the problem.

Resources to aid victims were also scarce. The government
continued to provide space free of charge to the Sezim
shelter in Bishkek, which offers shelter both to TIP victims and
victims of domestic violence. In 2003, the Mayor's Office in Osh
provided a building for the shelter for trafficked and abused women.
In 2006, local authorities of Osh allocated space for another
shelter for children. The shelter provides support to homeless
children, including those deserted by parents who left in search of
job opportunities.

Overall, corruption was a critical problem recognized by the
government. In 2006, government officials at the highest level made
public statements regarding their commitment to eliminate
corruption, carried
out an anticorruption information campaign through the media,
implemented measures to make the operation of government and
judiciary more transparent, and simplified procedures for business
registration and operation. However, there was no noticeable impact
from these measures. In 2005, the government established the Agency
for Preventing Corruption and the National Council for Fighting
Corruption. The following year, the agency conducted a nationwide
survey of corruption within government agencies. Based on the
results of the study, the agency released a list of the most corrupt
governmental bodies, including the tax and customs agencies, law
enforcement bodies, courts, and agencies controlling
construction and business licenses. However, no action was
taken against corrupt officials as a result of the survey.


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?

The government, through the State Committee on Employment and
Migration Issues (SCME) monitored and analyzed the labor migration
situation during the reporting period. A new National Action Plan
was passed formalizing the SCME's role as lead agency in tracking
and fighting TIP. Under the new National Action Plan, the SCME also
chairs a working group composed of other government agencies to
coordinate anti-TIP efforts. However, because of the lack of
resources and expertise for conducting such research, no
comprehensive and systematic monitoring of TIP issues was
established.

In November 2005, the SCME conducted a door-to-door survey. Based on
results, they estimated that at least 300,000 Kyrgyz citizens work
as labor migrants in Russia and Kazakhstan alone. Since the survey
was done in November, when most seasonal workers had returned home,
the chairperson of the Committee concluded that the actual number is
significantly higher. .

Representatives of government/law enforcement agencies made
presentations at various conferences and to the media reporting on
work performed. The police's TIP unit and office of the Prosecutor
General maintained statistics on the number of cases investigated,
and the Court Department maintained statistics on the number of
prosecuted traffickers. During the year law enforcement agencies
publicized information on prosecution cases through media outlets
and at public events devoted to TIP.

As part of the anti-trafficking information campaign, the
government and both domestic and international NGOs provided
assessments of the TIP situation.

BISHKEK 00000224 007.2 OF 022




-------------- --------------
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.


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?

The law on Prevention and Combating Trafficking in
Persons, adopted in January 2005, and changes to Article 124 of the
Criminal Code, introduced in January 2006, outlaw trafficking in
persons and specify penalties ranging from three to 20-years
imprisonment for those convicted under this article. The 2006
amendment to Art. 124 of the Criminal Code provides protection to
TIP victims if they cooperate with law enforcement agencies. Now TIP
victims are not prosecuted for document fraud or illegal border
crossing if they assist in prosecution of trafficking cases.

The law gives a broad definition of trafficking, including
recruiting, transporting, hiding, receiving, transferring or selling
a person, or any other illegal transaction performed either with the
person's consent or without it, carried out by way of applying
force, fraud, cheating, kidnapping for the purpose of exploitation
or gaining a profit. The law states the following definition of
exploitation: involvement in criminal activity, coercion into
prostitution or other forms of sexual activity, forced labor or
services, slavery, adoption for commercial purposes, and forced
service in armed conflicts.

Thus, the law covers both trafficking for sexual exploitation and
trafficking for forced labor, including trafficking of minors; the
law contains a special provision for TIP crime committed in
connection with the abuse of official power.

In January 2006, the President enacted the new law on
External Labor Migration. The law regulates recruitment of
Kyrgyz citizens for work abroad and legal assistance to labor
migrants, including cases that pose the danger of
trafficking.

In February 2006, the Code on Administrative Responsibility
was amended to include a more severe punishment of
governmental officials for violating rules of visa issuance
to foreigners; this amendment is aimed at preventing
trafficking of foreign citizens to Kyrgyzstan.

TIP-related crime is also prosecuted on charges outlined in
the following articles of the Criminal Code:

Art. 123 Kidnapping;
Art. 154 - Entering into marriage relations with a person
under marriage age (18 years old);
Art. 157 - Involvement of minors in antisocial activities;

BISHKEK 00000224 008.2 OF 022


Art. 204-1 - Organizing illegal migration;
Art. 204-2- Numerous violations of the regulations on
recruiting and employing foreigners;
Art. 260 - Recruiting people for purposes of prostitution;
Art. 261 - Establishing and operating brothels for
prostitution;
Art. 346 - illegal border crossing;
Art. 350 - document forgery.

These provisions of the Criminal Code are sufficient for
prosecution of the full scope of trafficking-related crimes.

Additionally, the following laws cover actions of people
interfering with the prosecution process:

-- Criminal Code, Art. 317 - Obstructing the judicial
Process: punishment is up to five years in prison;

-- Criminal Code, Art. 318 -Obstructing the investigation:
punishment is up to five years in prison;

-- Code on Administrative Responsibility, Art. 77 - Illegal
Employment: punishment is a fine of up 70 minimum salaries (Note:
one minimum salary is presently equal to $2.50 End Note);

-- Code on Administrative Responsibility, Art. 315 - False
Advertising: punishment is a fine of up 70 minimum salaries;

-- Code on Administrative Responsibility, Art. 391-1 -
Illegal trafficking of people through the border: punishment is a
fine of up to 50 minimum salaries or dismissal;

On September 9, 2006 the president signed a law, which
establishes a system of state protection for witnesses,
victims, and other participants of criminal trials. Under
this law, testimony from witnesses and other trial
participants will also carry greater weight both in the
investigation and in court proceedings. Observers believe the law
will increase witnesses' willingness to testify.
According to Golden Goal, an NGO located in Osh, up to 80 per cent
of witnesses refuse to give evidence for fear of retaliation by the
accused.



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

Traffickers of people for sexual exploitation can be prosecuted
sentenced based on the following articles of the Criminal Code:

--Art. 124 - Trafficking in persons: punishment is up to 20 years
imprisonment;

--Art. 204-1 - Organization of Illegal Migration: punishment is up
to five years imprisonment;

--Art. 346 - Illegal border crossing: punishment is up to five years
in prison;

--Art. 350 - Document forgery: punishment is up to four years in
prison.

During the reporting period, 17 criminal cases were opened and
investigated, resulting in twelve people convicted of trafficking.
According to the Prosecutor General's office, four of these arrests
were related to sexual exploitation/prostitution in Russia, Turkey
and other countries abroad.


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

BISHKEK 00000224 009.2 OF 022


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?

Labor trafficking offenses are punishable under the
following provisions of the law:

--Art. 124 -Trafficking in persons: punishment is up to 20 years
imprisonment;

--Art. 204-1 - Organization of Illegal Migration: punishment is up
to five years imprisonment;

--Art. 346 - Illegal border crossing: punishment is up to five years
in prison;
--Art. 350 - Document forgery: punishment is up to four years in
prison.

Additionally, theft, destruction, damage or concealment of
documents is punishable under article 348 of the Criminal
Code, resulting in a fine of 100-200 minimum monthly wages or
confinement of up to six months.

According to IOM and the SCME, victims of labor trafficking
outnumbered victims of sexual exploitation last year and the year
before. As the economy continues to worsen in Kyrgyzstan and in
destination countries such as Kazakhstan and Russia, labor
exploitation is expected to continue to rise. Of the seventeen
cases opened last year, at least three involved labor trafficking
while one was a combination of labor and sexual trafficking.
Recruitment companies are required by law to be licensed by the
State Committee on Migration and Employment (SCME) which also
entails a review by the Ministry of Internal Affairs. Unlicensed
agencies, which advertise or recruit workers, are subject to fines
and possible criminal actions. Under Kyrgyz law, only licensed
agencies may advertise in newspapers. Newspapers are liable if they
allow unlicensed agencies to advertise in their publications and may
face penalties if caught. According to the Prosecutor General's
Office, the SCME actively monitors all print media to ensure only
licensed recruitment agencies advertise.


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)

Rape and forcible sexual assault are prosecuted under the following
articles of the criminal code:

-- Rape is prosecuted under Art. 129 of the Criminal Code.
The punishment is from five to 20 years in prison and can
include capital punishment for the rape of a minor. Multiple rapes
by a person previously convicted for a similar crime, by a gang of
people, especially aggravated by threats of death or bodily injury,
or rape of a minor is punished by eight to 15 years;

-- Forcible sexual assault is punished under art. 130 of the
Criminal Code with three to 20 years;

BISHKEK 00000224 010.2 OF 022



-- Coercion to perform actions of a sexual nature is
punishable under Art. 131, by up to two years in prison;

-- Sexual intercourse or other sexual actions with a person
below 16 years old are punished under Art. 132 with up to
three years in prison.

This is comparable to sentences in cases of trafficking for
commercial sexual exploitation (art. 124, three to 20-years
imprisonment).


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?

During the reporting period, the government reported 92 inspections
related to trafficking in persons, 17 investigations which resulted
in 14 prosecutions, 12 convictions, and 12 sentences. The
defendants were all prosecuted under Article 124 of the Kyrgyz
Criminal Code "Trafficking in Persons."

Prosecutions by TIP type:

Child trafficking (note: the sale or kidnapping of children for
adoption is considered "trafficking" under Kyrgyz law. End Note)

Number of cases: 7 cases

Number of convictions: four (involving six individuals)

Number of convictions resulting in imprisonment: two, sentences
ranged from 4-5 years imprisonment

Number of convictions resulting fines: one, fine of 10,000 Kyrgyz
som (approximately $245 US)

Number of cases dismissed: one

Number of cases where accused was granted amnesty: one

Number of pending cases: one

Labor Trafficking

Number of cases: three

BISHKEK 00000224 011.2 OF 022



Number of convictions: zero, one accused was convicted of organizing
illegal migration and sentenced to one year imprisonment instead

Number of cases resulting in acquittal: two

Sexual Trafficking

Number of cases: four

Number of pending cases: one

Number of convictions: two (involving five individuals)

Number of convictions resulting in imprisonment: three, sentences
ranged from 3 - 8 years imprisonment

Number of convictions resulting in fines: one, 2000 Kyrgyz som
(approximately $50 US)

--According to the State Committee for Migration and
Employment, companies are required to obtain licenses for recruiting
people for work abroad, but there were also recruiters operating
without a license. According to the Prosecutor General's Office, its
staff monitored compliance with TIP legislation by conducting
inspections of labor recruiters, issuing orders to reprimand,
dismiss or otherwise penalize officials and individuals in
TIP-related violations. The Prosecutor General's Office has the
right to issue a "Prosecutorial Action" for cases that do not
violate the criminal code or result in serious trafficking offenses
but are in violation of the civil or administrative code. Such
actions include reprimanding/fining publications that allow
unlicensed recruiting companies to advertise or reprimanding
government officials whose incompetence may lead to trafficking. A
recruiting company will receive a Prosecutorial Action if it is
found to be recruiting without a license but has not been proven to
engage in trafficking. If a government official receives sufficient
Prosecutorial Actions, they are dismissed for cause. According to
the Prosecutor General's office, they conducted 92 TIP-related
inspections, resulting in 296 Prosecutorial Actions in 2008.


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

The government supported a number of training programs for law
enforcement officers, governmental officials and NGOs conducted by
IOM and other organizations. The MVD Academy and the training center
for MVD officers, teaches courses on recognizing and conducting
investigations into
trafficking-related crimes. In March 2008, Kyrgyzstan signed the
threshold agreement to the Millennium Challenge Corporation (MCC).
The major focus of MCC's efforts is judicial reform and rule of law.
As part of the prosecutorial training conducted by MCC, the Kyrgyz
government specifically asked that a TIP module be included as it is
considered a high priority. In summer 2008, IOM completed and
distributed a TIP handbook for use by Kyrgyz law enforcement. This
handbook, which is used at the MVD training academy for new officers
and for other training sessions assist law enforcement officers in
identifying TIP victims and referring them to the appropriate agency
for assistance.



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.


BISHKEK 00000224 012.2 OF 022


The Kyrgyz government cooperates with other CIS countries within the
framework of the Minsk Convention on Legal Assistance and Legal
Relations in Civil, Family and Criminal Cases. Kyrgyzstan has
bilateral agreements on legal assistance in civil, family and
criminal matters with Latvia, China, the Czech Republic, and Iran.
Similar agreements were drafted and forwarded to Finland, Greece,
Norway, Netherlands and Poland, and are currently awaiting approval
by these governments.

In addition:

-- In October 2006, parliament ratified a Commonwealth of
Independent States (CIS) agreement on combating trafficking
aimed at coordinating efforts of CIS law enforcement agencies.

-- In May 2008, Kyrgyzstan participated in a second UNODC and OSCE
sponsored roundtable in Tashkent, Uzbekistan. This roundtable was a
follow-up to a similar event hosted by Kyrgyzstan in December 2007.
The roundtable, entitled "Promoting Law Enforcement and Judicial
Cooperation Among Source, Transit, and Destination Countries to
Combat Human Trafficking and Migrant Smuggling to and from Central
Asia," attracted law enforcement and government officials,
diplomats, NGO representatives, international organization
officials, and experts from each of the five former Soviet Central
Asian republics as well as Russia, Thailand, Israel, the United Arab
Emirates, and the United States.

The State Committee on Migration and Employment (SCME) continues to
cooperate with the Kazakh and Russian governments in protecting
Kyrgyz citizens working in those countries. As mentioned
previously, the SCME maintains offices in the Russian Federation and
Kazakhstan to assist its citizens. It is scheduled to meet in
Samara, Russia in April 2009 with Russian government officials to
discuss the creation of a "civilized" labor contract for Kyrgyz
workers in Russia. Through its work with the governor of Almatynsky
Oblast in Kazakhstan, the SCME drastically reduced the number of
Kyrgyz citizens working on tobacco farms from an estimated 10,000 to
an estimated 3,000. Tobacco farms were noted to be a destination of
forced labor trafficking victims. The SCME worked with the Chinese
government to secure the release of Kyrgyz citizens held in debt
bondage in China.


H. Does the government extradite persons who are
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.

Under bilateral and multilateral agreements with several
NIS countries and China, Kyrgyzstan may extradite foreign
citizens charged with criminal offenses, including TIP.
Article 13 of the Constitution prohibits the extradition of
Kyrgyz citizens to other countries.

Post has no information regarding extradition by the
government of traffickers to other countries.


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

NGOs reported a perceived tolerance of trafficking by
some low-level law enforcement officials, but blame this on a lack
of awareness of trafficking issues and a belief among some police
officials that most women working as prostitutes do so willingly and
are not victims of trafficking.

Corruption also plays an important role in that corrupt
officials could easily be bought off by traffickers.
However, Post has no evidence of official corruption

BISHKEK 00000224 013.2 OF 022


contributing to the trafficking problem in Kyrgyzstan. If a
government employee is arrested or tried, he would be charged under
Article 304 Abuse of Official Position rather than trafficking which
carries a maximum sentence of up to 12 years imprisonment and
confiscation of property. As government officials are not charged
under Article 124, Trafficking in Persons, the Prosecutor General's
Office did not have any data available regarding government official
investigated or convicted of trafficking in persons.


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.

In 2005, the government of Kyrgyzstan established the Agency for
Preventing Corruption and the National Council for Fighting
Corruption. During the reporting period, there were no arrests or
convictions of public officials in trafficking-related crimes. As
mentioned in the previous section, the Code on Administrative
Responsibility was amended in 2006 to include a more severe
punishment of government officials for violating rules of visa
issuance to foreigners; this amendment is aimed at preventing
trafficking of foreign citizens to Kyrgyzstan. According to
Bishkek's Millennium Challenge Corporation (MCC) office, a judicial
council was established in 2008 for judicial self-governance and is
comprised solely of judges. During the six months it has operated,
the council aggressively pursued complaints of unethical behavior on
the part of judges which has resulted in the dismissal of four
judges.


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.

Prostitution itself is neither legalized nor outlawed.
However, the Criminal Code specifically outlaws the operation of
brothels and pimping (art. 261) and the recruitment of people into
prostitution (art. 260) with penalties of up to five years
imprisonment.


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.

The Kyrgyz Republic has not contributed troops to international
peacekeeping efforts.


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

BISHKEK 00000224 014.2 OF 022


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?

Kyrgyzstan has not been a destination country
for child sex tourism. However, trafficking of children for sexual
exploitation remains a concern.

Domestic laws on child sexual abuse do not have
extraterritorial coverage.

--------------
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?

On September 9, 2006 the president signed a law, which
establishes a system of state protection for witnesses,
victims, and other participants in criminal trials. Under
this law, testimony from witnesses and other trial
participants will also carry greater weight both in the
investigation and in court proceedings. This law additionally
provides amnesty from prosecution of migration and related offenses
should the victims cooperate with the investigation. Observers
believe the law will increase witnesses' willingness to testify.
According to Golden Goal, up to 80 per cent of witnesses refuse to
give evidence for fear of retaliation by the accused.

Another provision of the Criminal and Procedural Code (point 4 of
Article 12) provides for some measures ensuring the security and
safety of victims and witnesses: "When there is sufficient
information that a witness or other participant of the legal process
is threatened with violence, destruction or damage to his property
or other dangerous illegal actions, the court, the procurator, the
investigator and the investigation body must, within the framework
of their competence, undertake measures outlined by the law to
protect the life, health, honor, dignity and property of such
persons."

In practice, these measures are only occasionally enforced due to a
lack of resources at all levels to provide such
protection. To better enforce compliance, the Prosecutor
General sent a directive urging full compliance with the
provisions of the law concerning protection of witnesses.

As mentioned previously, the government does not operate any
shelters or assistance programs of its own. However, there is a
referral mechanism for victims of trafficking to shelters and
programs run by NGOs and international organizations such as IOM. As
mentioned previously, the Sezim shelter in Bishkek provided the
following assistance to victims of trafficking in 2008:
20 victims received psychological assistance
6 victims received specialty vocational training
20 victims received social assistance
13 victims received medical assistance

The NGO Sezim also received 62 calls to their hot line during 2008.


By the year's end, IOM provided assistance to 117 trafficking
victims, including repatriation, psychological support, shelter upon
arrival in Bishkek or Osh, vocational training, and financial
support through monthly stipends.


B. Does the country have victim care facilities

BISHKEK 00000224 015.2 OF 022


(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.

While the government of Kyrgyzstan itself does not provide victim
care facilities, it does continue to provide space for three
shelters - one in Bishkek and two in Osh, which are operated by
local NGOs. All of these shelters provide specific assistance to
victims of trafficking, and one of the shelters in Osh is
specifically for children. Foreign victims as well domestic victims
are able to receive assistance. These organizations are privately
funded from international donors and from private sources. During
2008 the Sezim shelter in Bishkek provided the following assistance
to victims of trafficking:

20 victims received psychological assistance
6 victims received specialty vocational training
20 victims received social assistance
13 victims received medical assistance

The NGO Sezim also received 62 calls to their hot line during 2008.
Sezim will provide assistance to male vicitims of trafficking but
lacks a separate shelter for male victims to live in.

By the year's end, IOM provided assistance to 117 trafficking
victims, including repatriation, psychological support, shelter upon
arrival in Bishkek or Osh, vocational training, and financial
support through monthly stipends.


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.

As stated previously, the Kyrgyz government does not operate its own
shelters or assistance services. However, Kyrgyz NGO's report
active cooperation between their organizations and government
officials. Kyrgyz law enforcement officials refer victims of
trafficking to various NGOs who are able to provide legal, medical
and psychological assistance. The government supports these groups
often by providing free office space, free utilizes and other
payment in kind.


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.

As source country for TIP, Kyrgyzstan reports few incidents of
foreigners being trafficked with Kyrgyzstan as the final
destination. The majority of trafficking victims are Kyrgyz citizens
themselves. The few reported foreign trafficking victims are usually
from Uzbekistan, Turkmenistan and Tajikistan and usually are en

BISHKEK 00000224 016.2 OF 022


route to a third destination. As citizens of the Commonwealth of
Independent States (CIS),Uzbek and Tajik citizens do not require
visas to travel or remain in Kyrgyzstan. All victims of trafficking
are eligible for amnesty from any migration violations provided they
cooperate with trafficking investigations. All victims of
trafficking are able to receive assistance from the various NGOs and
international organizations who aid victims of trafficking.


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

The government does not provide medical aid, shelter or
financial help to its repatriated nationals who are victims
of trafficking. It lacks funding, personnel and training to
do so. However, the Government does cooperate with NGOs and
international organizations such as IOM which are able to
provide such assistance and refers returned trafficking
victims to shelters.


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)?

As mentioned previously, the government does not operate any
shelters or assistance programs of its own. However, there is a
referral mechanism for victims of trafficking to shelters and
programs run by NGOs and international organizations such as IOM.
According to IOM, 20 of 36 (or 56%) victims of trafficking were
referred by the Kyrgyz government for assistance.


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?

By the year's end, IOM provided assistance to 117 trafficking
victims, including repatriation, psychological support, shelter upon
arrival in Bishkek or Osh, vocational training, and financial
support through monthly stipends.
54 of these victims were identified through call to Kyrgyzstan's
National TIP Hotline. 20 of victims were referred by Kyrgyz
government officials.


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?


The Ministry of Internal Affairs (MVD),the National Border Service,
and the National Security Service have each developed systems for
victims of trafficking to be referred to appropriate shelters.
Recent training conducted by IOM which included a TIP handbook
focused specifically on victim identification. The head of the
Sezim shelter in Bishkek reported a good level of cooperation with
these agencies and an increasing number of referrals from law
enforcement officials during the reporting period.

While Kyrgyzstan has not legalized prostitution, it has not outlawed
it either. Existing legislation makes it illegal to recruit someone

BISHKEK 00000224 017.2 OF 022


for prostitution, operate a brothel or act as a pimp. Kyrgyzstan
does not have a mechanism for screening trafficking victims from
legal commercial sex workers as there is no 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?

Victims of trafficking are afforded protection from prosecution
should they cooperate with law enforcement. During the reporting
period, there have been no reports of the detention of trafficking
victims. In the majority of trafficking cases, the victims are
Kyrgyz citizens themselves who are trafficked either abroad or
within the country. Prostitution and other labor violations
committed abroad are not prosecuted within Kyrgyzstan. Once
identified, victims are able to receive assistance from Sezim,
Golden Goal or other NGOs.


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?

The government does encourage victims to assist in the
investigation and prosecution of trafficking. Under Article
50 of the Criminal and Procedural Code, a victim has the
right to assist in the investigation and prosecution of
trafficking by providing evidence, participating in
investigative activities, providing comments to reports on
investigative activity with his/her involvement; he/she has
the right to access all investigation materials, participate in
court proceedings and appeal court decisions. Victims have the right
to file civil suits against traffickers.

Post has no information on whether victims' access to legal
redress is impeded, because this legal redress is not yet
available. If a victim is a material witness in a court case against
a former employer, the victim is not permitted to leave the country.
There is no victim restitution program


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).

The MVD Academy, the training center for MVD personnel,
has training courses on recognizing and investigating
trafficking-related crimes. The Interagency Training Center, part of
the National Border Service, provides training on combating crime
related to illegal migration, drug trafficking and human
trafficking.

The MFA during the reporting period instructed its embassies and

BISHKEK 00000224 018.2 OF 022


consulates located in destination countries to do all that they
could to cooperate with local law enforcement bodies to investigate
trafficking cases and to assist Kyrgyz victims of trafficking.
Embassies and consulates in destination countries have a good
relationship with IOM, which assists with the return of trafficking
victims who are Kyrgyz citizens to Kyrgyzstan. During the reporting
period, Kyrgyz Embassies abroad and IOM reported a total of 134
repatriations of Kyrgyz victims of trafficking back to Kyrgyzstan.
Assistance ranged from providing travel documents to locating
funding for return travel.


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

The government does not provide medical aid, shelter or
financial help to its repatriated nationals who are victims
of trafficking. It lacks funding, personnel and training to
do so. However, the Government does cooperate with NGOs and
international organizations such as IOM which are able to
provide such assistance and refers returned trafficking
victims to shelters.


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?

A number of international and domestic NGOs work with
trafficking victims in Kyrgyzstan:

-- IOM, with its offices in Bishkek and Osh, assists and
funds the return of victims of trafficking to Kyrgyzstan. In 2008,
IOM concluded a 27-month Program on Combating Trafficking in Human
Beings, funded by USAID.
IOM works in partnership with 28 domestic NGOs on various
aspects of the labor migration/trafficking problem. By
year's end, IOM provided assistance to 117 trafficking
victims, including repatriation, psychological support,
shelter upon arrival in Bishkek or Osh, vocational training, as well
as monthly stipends.

-- The Eurasia Foundation, through four NGO partners,
provided legal advice to labor migrants, assisted the SCME in
developing public policy and assessed training needs of
potential labor migrants. One of NGO partners stationed in
Yekaterinburg gathered information about job opportunities in
Russia, and provided consultations and legal advice to Kyrgyz labor
migrants in Yekaterinburg.

-- NGOs such as Sezim, Golden Goal, Podruga, Ulybka and
Adilet Legal Clinic, provide legal, medical and counseling
services for trafficking victims.

-- The Sezim shelter in Bishkek and six other shelters for
female victims of domestic violence (one each in Talas,
Jalalabad, Cholpon Ata, Naryn, and two shelters in Osh) also provide
shelter for TIP victims.

--During the reporting period the Sezim shelter in Bishkek
provided shelter to female TIP victims.

-- The Elsen NGO operating the toll-free 189 hot line
received about 3,014 calls from potential labor migrants and
provided legal guidance and employment information in Bishkek and
Chui Oblast. The national hot line is staffed by different NGOs in
different oblasts and reported a total of 8,000 calls nationwide
during the reporting period.

--The NGO Golden Goal based in Osh focuses on protecting the rights
of young people, including giving free consultations regarding
external labor migration. The NGO also publishes information on

BISHKEK 00000224 019.2 OF 022


finding employment abroad without falling into the hands of
traffickers.

In September 2007, the European Commission announced support for two
new anti-trafficking projects. With a focus on southern Kyrgyzstan,
the first of the two projects trains local teachers in Osh,
Jalalabad and Batken in how to increase awareness and help prevent
human trafficking. The second project will train local governments,
law enforcement agencies and NGOs in fighting human trafficking.

--------------
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.)

During the rating period, the government supported and/or
participated in a number of information and education anti-TIP
programs jointly with international and domestic NGOs:

-- Jointly with IOM and USAID, the government continued to publish a
number of information materials in the Kyrgyz and Russian languages
for those seeking jobs abroad or those currently abroad and facing
difficulties. A variety of brochures, booklets, leaflets, and "The
Migration Bulletin" newspaper provide information on how to avoid
being trafficked, about relevant laws and regulations, IOM hot lines
operating in several countries, and the "Stop Traffic" hot line in
Kyrgyzstan. Brochures were available in Kyrgyz and Russian, and
country specific for employment in Turkey, Kazakhstan, and Russia,
for example. Also available is contact information for the offices
of the SCME, Kyrgyz diplomatic missions abroad and Kyrgyz Diasporas
in Russia. These materials are readily available at the office of
the "189" hot line and at five labor migrant support centers (four
in Kyrgyzstan and one in Yekaterinburg, Russia). Brochures and
leaflets are distributed by volunteers at railway stations and
available at departure lounges at airports. The State Committee on
Migration and Employment also distributes materials when making
outreach trips to rural villages - leaving large supplies behind
with village councils for distribution.

-- In June 2006, the government, jointly with IOM and several
foreign donors, began USAID-sponsored TIP information and victims
assistance campaigns. During the reporting period, the government
continued to support these programs. As part of the campaign, the
government provided office space and allocated a toll-free phone
line (189 in Bishkek, Karakol, Talas, Osh and Jalalabad, or 104 in
Naryn and Batken),which offered information in Kyrgyz and Russian
languages about regulations and laws for labor migrants and tips
about employment opportunities abroad. Since the hot line was
established, over 9,000 people have received advice and
consultations.

-- In November 2006, Golden Goal and the OSCE launched a
website (http://www.antitraffickingdolina.net) aimed
primarily at Ferghana Valley residents. The website provides
information on combating trafficking, including
anti-trafficking programs implemented in the region, helpline
information for TIP victims, relevant laws on trafficking and other
useful information. The site also serves as a venue for information
sharing between Kyrgyz, Uzbek and Tajik NGOs involved in
anti-trafficking activities.


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-- IOM continued a 27-month USAID-funded Program on Combating
Trafficking in Human Beings.

-- The Eurasia Foundation Office in Bishkek continued
implementing a project to support Kyrgyz labor migrants.
Through four NGO partners, Eurasia Foundation provided legal advice
to labor migrants, assisted the SCME in developing public policy and
assessed training needs of Kyrgyz labor migrants.

-- Public schools and higher educational institutions either have a
separate course on TIP in their curriculum or discuss TIP issues as
part of courses on "Safe Life and Basics of Healthy Lifestyles."
The school course on "We and the Law" contains a two-hour session on
preventing TIP.

-- The president appointed a representative in the parliament for
gender issues. The responsibility of this official is to ensure that
all legislative acts give due respect to the rights of women.

--The government continued to support several programs aimed at,
among other things, keeping children in school. Such programs are:
the New Generation, Jashtyk (Youth),Jetkinchek (Access to
Education).

--The State Commission on the Affairs of Under-Age Children
disseminates information nationwide regarding children's rights.


B. Does the government monitor immigration and
emigration patterns for evidence of trafficking? Do law enforcement
agencies screen for potential trafficking victims along borders?

The State Committee on Migration and Employment (SCME) routinely
tracks migration and foreign employment data as part of its mandate.
While the main focus is not fighting TIP, the SCME uses the data it
collects in its anti-TIP efforts. Efforts were made in the fall of
2007 to begin to track the number of Kyrgyz citizens abroad.
According to press reports, the Parliamentary committee on migration
was tasked with conducting a census on the number of Kyrgyz citizen
abroad. Press reports and official statement state that
approximately 400,000 - 500,000 Kyrgyz citizens work abroad.


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?

Under the State Committee on Migration and Employment (SCME) there
is a working group on fighting human trafficking which consists of
representatives from various government agencies and NGOs. It is the
government body organization that coordinates for communication and
coordination. While the SCME informally has held this role for the
past several years, the newly passed National Action Plan formalizes
its role to increase inter-agency cooperation

According to NGO representatives, relations between
government officials, NGOs, other relevant organizations and other
elements of civil society on the trafficking issue were good.
Throughout the year, the government repeatedly directed government
agencies at all levels to cooperate actively with and assist NGOs
working on fighting TIP. Although lack of resources at every level
limited the
government's ability to combat all forms of crime, including TIP,
the government displayed a willingness to work closely with NGOs
around the country on prevention programs, mainly in the form of
educational and information campaigns and training for police,
office of the prosecutor and other government officials.

Representatives of central and local governments frequently
participated in anti-trafficking programs carried out by
NGOs, provided grantees free space for conducting trainings
and seminars, and assisted in organizing events and

BISHKEK 00000224 021.2 OF 022


advertising for them. NGOs working on trafficking issues
reported that they are generally satisfied with the level of
cooperation they receive from both national and local
government agencies as well as law enforcement bodies. The
director of the Sezim shelter recognized the improvement of
relations between NGOs and law enforcement agencies, which
often seek advice on how to handle TIP issues and refer
victims to shelters.


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?

In September 2008, the Kyrgyz Parliament passed a National Action
Plan for 2008 - 2011 for combating TIP. Its goal is to enhance the
effectiveness in countering trafficking in persons through
prevention, victim identification, prosecution, and to provide
increased social protections and assistance to victims. Its
immediate goals are:

-updating TIP legislation, including related criminal codes
-increased public awareness through more information campaigns
-prosecuting TIP crimes
-providing assistance to TIP victims

Under this National Action Plan, the State Committee on Migration
and Employment (SCME) is the main coordinating body on TIP issues.
It will continue its work with the Ministry of Internal Affairs, the
Office of the Prosecutor General, the National Security Service, the
National Border Service, the Customs Agency, the Ministry of Foreign
Affairs, the Ministry of Education, the Ministry of Labor and Social
Protection, the Ministry of Health, and local administrations of
local self-governance bodies. The National Action Plan lays out a
schedule for each of its stated goals, listing indicators,
responsible parties and expected completion dates. The SCME
consulted with the NGOs and international organizations in
Kyrgyzstan that are involved in TIP while drafting the Plan. At a
recent meeting, the SCME Chairperson stated that she and the SCME
had carefully reviewed the 2008 Annual TIP report and took the
recommendations stated therein seriously while drafting the Plan.
She stated the SCME wanted to achieve the benchmarks listed in the
report and resolve the areas of concern. As stated previously, the
National Action Plan was passed by the Kyrgyz Parliament in
September 2008 and work is already underway. The National Action
Plan supports the previous law on Trafficking in Persons.

the Law on Prevention and Combating Trafficking in Persons, which
the National Action plan supplements, stipulates the legal aspects
of preventing and combating trafficking, provides guidelines for
coordination of the efforts of law enforcement agencies involved in
such activities, outlines measures for victim protection and
support, and designates a special entity for preventing and fighting
TIP, which consists of representatives of the government, NGOs and
international organizations. According to the law, the
responsibilities of this entity include: developing and implementing
the state policy on fighting trafficking; gathering and analyzing
the information regarding the magnitude and trends in trafficking;
overseeing the operation of agencies and institutions tasked with
prevention and fighting TIP; participating in drafting TIP-related
international documents; making proposals on improving existing
TIP-related laws; and organizing TIP-awareness campaigns. The law
describes specific functions of the following governmental agencies
involved in anti-TIP activities: the Office of the Prosecutor
General, the Ministry of Internal Affairs, the Ministry of Foreign
Affairs, the National Security Service, the National Border Service,
the Customs Agency, the Ministry of Labor and Social Protection, the
Ministry of Education, the Ministry of Health, and local
administrations. The law includes measures for victim protection.


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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)

Kyrgyzstan has continued to prosecute cases under existing
legislation. No new initiatives have been taken during this
reporting period.


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?

Nationals of Kyrgyzstan are not reported as participating in
international child sex tourism.

End Text.

GFOELLER