ADDITIONAL GUIDANCE FOR 2009 TRAFFICKING IN

UNCLAS SECTION 01 OF 02 STATE 005577 SIPDIS E.O. 12958: N/A TAGS: KTIP ELAB KCRM KFRD KWMN PGOV PHUM PREF SMIG SUBJECT: ADDITIONAL GUIDANCE FOR 2009 TRAFFICKING IN PERSONS (TIP) REPORT REF: 2008 STATE 132759 STATE 00005577 001.2 OF 002 1.(U) Begin Summary: This is an action message for all posts. The William Wilberforce Trafficking Victims Protection Reauthorization Act (TVPRA) of 2008 contains various provisions related to the annual Trafficking in Persons (TIP) Report, including the elimination of the requirement that only countries with a "significant number of" trafficking victims be included in the TIP Report. This change will apply to the 2009 TIP Report. The TVPRA also contains a provision requiring that countries on Tier 2 Watch List for two consecutive years be placed on Tier 3 (effective in 2011); a waiver is available. Action request in Para 3. End Summary. NUMBER OF VICTIMS OF SEVERE FORMS OF TRAFFICKING IN PERSONS -------------- -------------- -- 2.(U) Posts should replace para 8 of reftel (providing guidance on preparing the submission to the 2009 Trafficking in Persons Report) with the following two paragraphs: A.(U) From 2001 through 2008, each annual TIP Report was required to include all countries of "origin, transit, or destination for a significant number of victims of severe forms of trafficking." Since the TIP Report's creation, the Department has defined "significant number" in this context to be "on the order of 100 or more victims." This included victims from outside the host country who entered or transited the country, as well as victims trafficked within their own countries. B.(U) The William Wilberforce Trafficking Victims Protection Reauthorization Act (TVPRA) of 2008 deletes the phrase "a significant number of" from the language quoted above. This change will apply to the 2009 TIP Report. While the Department has not yet definitively interpreted the effect of this amendment, it can reasonably be expected to result in an increase in the number of countries ranked in the 2009 TIP Report. Further clarification on this point will be provided as soon as available. 3.(U) ACTION REQUEST FOR ALL POSTS: All posts should provide full answers - to the extent of available information - to questions posed in paragraphs 23 through 27 of reftel. Posts should no longer first consider whether their host country has a significant number of trafficking victims before deciding whether to answer all of the questions posed in reftel. ADDITIONAL NEW GUIDANCE ON TVPRA PROVISIONS -------------- 4.(U) COUNTRIES RANKED TIER 2 WATCH LIST FOR TWO CONSECUTIVE YEARS: The TVPRA of 2008 contains a provision requiring that a country that has been included on Tier 2 Watch List for two consecutive years after the date of enactment of the TVPRA of 2008 be ranked as Tier 3. Thus, any automatic downgrade to Tier 3 pursuant to this provision would take place, at the earliest, in the 2011 TIP Report (i.e., a country would have to be ranked Tier 2 Watch List in the 2009 and 2010 Reports before being subject to Tier 3 in the 2011 Report). The law allows for a waiver of this provision for up to two years upon a determination that the country has developed a written plan to begin making significant efforts to bring itself into compliance with the minimum standards, the plan, if implemented, would constitute making such significant efforts, and the country is devoting sufficient resources to implement said plan. ¶5. REVISIONS TO THE "MINIMUM STANDARDS FOR THE ELIMINATION OF TRAFFICKING IN PERSONS:" The TVPA contains four "minimum standards" (Section 108) for assessing foreign government anti-trafficking efforts. The TVPRA of 2008 amends subsections (1),(2),and (3) of the fourth minimum standard (the fourth minimum standard provides, "The government of the country should make serious and sustained efforts to eliminate severe forms of trafficking in persons") (ADDITIONS APPEAR IN CAPITAL LETTERS; ONE DELETION - TO ITEM (3) -- IS NOTED STATE 00005577 002.2 OF 002 (1) Whether the government of the country vigorously investigates and prosecutes acts of severe forms of trafficking in persons, and convicts and sentences persons responsible for such acts, that take place wholly or partly within the territory of the country, INCLUDING, AS APPROPRIATE, REQUIRING INCARCERATION OF INDIVIDUALS CONVICTED OF SUCH ACTS. FOR PURPOSES OF THE PRECEDING SENTENCE, SUSPENDED OR SIGNIFICANTLY-REDUCED SENTENCES FOR CONVICTIONS OF PRINCIPAL ACTORS IN CASES OF SEVERE FORMS OF TRAFFICKING IN PERSONS SHALL BE CONSIDERED, ON A CASE-BY-CASE BASIS, WHETHER TO BE CONSIDERED AS AN INDICATOR OF SERIOUS AND SUSTAINED EFFORTS TO ELIMINATE SEVERE FORMS OF TRAFFICKING IN PERSONS. After reasonable requests from the Department of State for data regarding investigations, prosecutions, convictions, and sentences, a government which does not provide such data, consistent with the capacity of such government to obtain such data, shall be presumed not to have vigorously investigated, prosecuted, convicted or sentenced such acts. (2) Whether the government of the country protects victims of severe forms of trafficking in persons and encourages their assistance in the investigation and prosecution of such trafficking, including provisions for legal alternatives to their removal to countries in which they would face retribution or hardship, and ensures that victims are not inappropriately incarcerated, fined, or otherwise penalized solely for unlawful acts as a direct result of being trafficked, INCLUDING BY PROVIDING TRAINING TO LAW ENFORCEMENT AND IMMIGRATION OFFICIALS REGARDING THE IDENTIFICATION AND TREATMENT OF TRAFFICKING VICTIMS USING APPROACHES THAT FOCUS ON THE NEEDS OF THE VICTIMS. (3) Whether the government of the country has adopted measures to prevent severe forms of trafficking in persons, such as measures to inform and educate the public, including potential victims, about the causes and consequences of severe forms of trafficking in persons, (DELETED: "measures to reduce the demand for commercial sex acts and for participation in international sex tourism by nationals of the country"), MEASURES TO ESTABLISH THE IDENTITY OF LOCAL POPULATIONS, INCLUDING BIRTH REGISTRATION, CITIZENSHIP, AND NATIONALITY, measures to ensure that its nationals who are deployed abroad as part of a peacekeeping or other similar mission do not engage in or facilitate severe forms of trafficking in persons or exploit victims of such trafficking, and measures to prevent the use of forced labor or child labor in violation of international standards. (11) WHETHER THE GOVERNMENT OF THE COUNTRY HAS MADE SERIOUS AND SUSTAINED EFFORTS TO REDUCE THE DEMAND FOR - (A) COMMERCIAL SEX ACTS; AND (B) PARTICIPATION IN INTERNATIONAL SEX TOURISM BY NATIONALS OF THE COUNTRY. 6.(U) CHILD SOLDIERS PREVENTION ACT OF 2008. Title IV of the TVPRA of 2008 is known as the Child Soldiers Prevention Act of 2008, which requires, among other things, that the TIP Report include a list of foreign governments that have violated the Act's standards with respect to the recruitment and use of child soldiers, as defined in the Act. Foreign governments on such a list may be subject to certain foreign assistance and other restrictions, including those relating to FMF, IMET, excess defense articles, and direct commercial sales. Because the Child Soldiers Prevention Act does not take effect until after the publication of the 2009 TIP Report, the list required by the Act will first appear in the 2010 TIP Report. 7.(U) Department greatly appreciates posts' time and assistance in collecting and reporting data for the 2009 TIP Report, particularly from those posts whose reporting requirements will increase due to the new legislation, as well as your ongoing efforts to advance USG anti-TIP objectives. 8.(U) Minimize considered. CLINTON