WHA: INSTRUCTIONS FOR 2009 TIP INTERIM ASSESSMENT

UNCLAS SECTION 01 OF 03 STATE 110433 SENSITIVE SIPDIS E.O. 12958: N/A TAGS: KCRM KTIP KWMN PGOV PHUM SMIG AR BH DR GT GY NU XL VE, NL SUBJECT: WHA: INSTRUCTIONS FOR 2009 TIP INTERIM ASSESSMENT REF: NONE 1.(U) This is an action cable; action request in paras 5 and ¶6. 2.(SBU) The Trafficking Victims Protection Act, as amended in 2003, requires the Secretary of State to submit a "Special Watch List" of countries on the TIP Report that either 1) had moved up a tier on the TIP Report over the last year or 2) were ranked on Tier 2 but a) had not shown evidence of increasing efforts to address severe forms of TIP from the previous year, b) were placed on Tier 2 because of commitments to carry out additional future actions over the coming year, or c) had a significant or significantly increasing number of victims of severe forms of TIP. 3.(SBU) The "Special Watch List" has been submitted to Congress, as required, along with the President's determinations for sanctions of Tier 3 countries. The TVPA, as amended, now requires the Secretary to submit to Congress an Interim Assessment on the Special Watch List countries no later than February 1, 2010. 4.(SBU) The Interim Assessment, which the Department plans to release on January 5, 2010, will serve as a narrowly-focused progress report, assessing only a country's key deficiency(s) highlighted in the June 2009 TIP Report. Measuring progress or lack of progress in addressing these deficiencies (the basis for which the country was placed on the Watch List initially) is the main purpose of the Interim Assessment. This will not/not serve as a large-scale analysis of anti-trafficking efforts in the relevant country. Similarly, it will not describe the trafficking problem in that country (readers can refer to the 2009 TIP Report for that). Finally, it will not mention Tiers or allude to progress in achieving a higher tier or, conversely, forecast a fall to a lower tier. 5.(U) Action Request for Action Addressees: Please answer the questions addressed to your Post in para 6 in concise analytical terms, citing examples of the progress (or lack thereof) sparingly. Post's submission should not exceed four or five paragraphs. The final Interim Assessment will include a narrative of no more than half a page on each country's progress. Please provide these responses to the Department via front-channel cable -- slugged for WHA/PPC and G/TIP -- no later than November 16. ¶6. (U) Interim Assessment Requirements: ¶A. FOR EMBASSY BELMOPAN: Please summarize the progress, or lack thereof, the Government of Belize has made in: (a)Increasing efforts to investigate and prosecute trafficking offenses and convict and punish trafficking offenders, including any allegedly complicit officials; (b)increasing law enforcement efforts against forced labor; (c)continuing to improve victim services and assistance; and (d) increasing penalties for sex trafficking crime so they are commensurate with penalties for other grave crimes. Please report on any other significant developments. ¶B. FOR EMBASSY BRIDGETOWN (ST. VINCENT AND THE GRENADINES): Please summarize the progress, or lack thereof, the Government of St. Vincent and the Grenadines has made in: (a) developing and implementing a comprehensive anti-trafficking law; (b) investigating allegations of the commercial sexual exploitation of children; (c) utilizing existing legal statutes to prosecute cases of women or children forced into commercial sexual exploitation; and (d) providing protective services to children rescued from commercial sexual exploitation. Please report on any other significant developments. ¶C. FOR EMBASSY BUENOS AIRES: Please summarize the progress, or lack thereof, the Government of Argentina has made in: (a) implementing the new anti-trafficking law; (b) intensifying law enforcement efforts to dismantle trafficking networks; (c) increasing judicial and prosecutorial efforts to investigate, prosecute, convict and punish trafficking STATE 00110433 002 OF 003 offenders, including corrupt public officials who may facilitate or be involved with trafficking; (d) increasing investigations of forced labor and domestic servitude crimes; (e) dedicating more resources for victim assistance(f) sustaining anti-trafficking training for law enforcement, judges, and other public officials, including labor inspectors; and (g)improving data collection on trafficking. Please report on any other significant developments. ¶D. FOR EMBASSY CARACAS: Please summarize the progress, or lack thereof, the Government of Venezuela has made in: (a) amending existing laws to prohibit and adequately punish all forms of trafficking in persons, particularly the internal trafficking of men and boys; (b) intensifying efforts to investigate and prosecute trafficking offenses, and convicting and punishing trafficking offenders; (c) investigating reports of trafficking complicity by public officials; (d) providing greater assistance and services to trafficking victims; (e) designating a coordinator to lead the government,s anti-trafficking efforts; and (f) improving data collection for trafficking crimes. Please report on any other significant developments. ¶E. FOR CONSULATE GENERAL CURACAO: Please summarize the progress, or lack thereof, the Netherlands Antilles have made in: (a) enacting legislation criminalizing all forms of human trafficking; (b) vigorously prosecuting and convicting sex and labor trafficking offenders throughout the Netherlands Antilles; (c) establishing formal procedures to guide officials in the proactive identification of trafficking victims and referral of thee victims to service providers; and (d) considering ways to educate clients of the sex trade and beneficiaries of forced labor about the causes and consequences of trafficking. Please report on any other significant developments. (NOTE: Although the Consulate General is being asked to collect and report anti-TIP data for the Netherlands Antilles, the Interim Assessment will note that the Antilles are part of the Kingdom of the Netherlands, and the assessment of the Antilles in the 2010 TIP Report will be part of the assessment of the Kingdom of the Netherlands, as was the case in the 2009 TIP Report. END NOTE) ¶F. FOR EMBASSY GEORGETOWN: Please summarize the progress, or lack thereof, the Government of Guyana has made in: (a) vigorously investigating and prosecuting trafficking offenses, and convicting and sentencing trafficking offenders;(b) proactively identifying trafficking victims among vulnerable population such as women and children in prostitution; (c) protecting trafficking victims throughout the process of criminal investigations and prosecutions; (d) assigning more judges and court personnel to handle trafficking cases in the country,s interior regions; and (e) expanding anti-trafficking training for police and magistrates. Please report on any other significant developments. ¶G. FOR EMBASSY GUATEMALA: Please summarize the progress, or lack thereof, the Government of Guatemala has made in: (a) Implementing and enforcing the new anti-trafficking law; (b) increasing efforts to investigate and prosecute trafficking offenses, and convicting and punishing trafficking offenders, including public official complicit with trafficking activity; (c)pursuing suspected cases of forced labor and domestic servitude crimes, in addition to suspected cases of adult sex trafficking; (e) improving victim services and assistance; (f) increasing anti-trafficking training for judges and police; and (g) increasing funding for anti-trafficking efforts, particularly for the country,s dedicated prosecutorial and police units. Please report on any other significant developments. ¶H. FOR EMBASSY MANAGUA: Please summarize the progress, or lack thereof, the Government of Nicaragua has made in: (a) increasing efforts to investigate and prosecute trafficking offenses, and convicting and punishing trafficking offenders, including government officials who may be suspected of complicity with trafficking activity; (b) increasing law enforcement efforts against forced labor; (c) dedicating additional resources for victim assistance; (d) providing adequate care for adult trafficking victims; and (e) raising public awareness about human trafficking, particularly among young Nicaraguan seeking gainful employment. Please report on any other significant developments. STATE 00110433 003 OF 003 ¶I. FOR EMBASSY SANTO DOMINGO: Please summarize the progress, or lack thereof, the Government of Dominican Republic has made in: (a) Intensifying efforts to prosecute and punish trafficking offender, especially public officials complicit in or facilitating human trafficking; (b) increasing investigation into potential labor trafficking situations; (c) continuing to increase victim assistance and shelter services; (d) providing greater legal protections for undocumented and foreign trafficking victims; (e) increasing prevention and demand-reduction efforts; (f) increasing efforts to identify and care for all trafficking victims; and (g) increasing anti-trafficking training for government and judicial officials. Please report on any other significant developments. CLINTON