THE MALDIVES -- 2009 TIP REPORT: PRESS GUIDANCE

UNCLAS STATE 060360

SIPDIS

E.O. 12958: N/A
TAGS: KTIP ELAB KCRM KPAO KWMN PGOV PHUM PREL SMIG SIPDIS MV
SUBJECT: THE MALDIVES -- 2009 TIP REPORT: PRESS GUIDANCE
AND DEMARCHE

REF: A. STATE 59732

B. STATE 005577


1. This is an action cable; see paras 5 through 7 and 10.


2. On June 16, 2009, at 10:00 a.m. EDT, the Secretary will
release the 2009 Trafficking in Persons (TIP) Report at a
press conference in the Department's press briefing room.
This release will receive substantial coverage in domestic
and foreign news outlets. Until the time of the Secretary's
June 16 press conference, any public release of the Report or
country narratives contained therein is prohibited.


3. The Department is hereby providing Post with advance press
guidance to be used on June 16 or thereafter. Also provided
is demarche language to be used in informing the Government
of Maldives of its tier ranking and the TIP Report's imminent
release. The text of the TIP Report country narrative is
provided, both for use in informing the Government of
Maldives and in any local media release by Post's public
affairs section on June 16 or thereafter. Drawing on
information provided below in paras 8 and 9, Post may provide
the host government with the text of the TIP Report narrative
no earlier than 1200 noon local time Monday June 15 for WHA,
AF, EUR, and NEA countries and OOB local time Tuesday June 16
for SCA and EAP posts. Please note, however, that any public
release of the Report's information should not/not precede
the Secretary's release at 10:00 am EDT on June 16.


4. The entire TIP Report will be available on-line at
www.state.gov/g/tip shortly after the Secretary's June 16
release. Hard copies of the Report will be pouched to posts
in all countries appearing on the Report. The Secretary's
statement at the June 16 press event, and the statement of
and fielding of media questions by G/TIP,s Director and
Senior Advisor to the Secretary, Ambassador-at-Large Luis
CdeBaca, will be available on the Department's website
shortly after the June 16 event. Ambassador de Baca will
also hold a general briefing for officials of foreign
embassies in Washington DC on June 17 at 3:30 pm EDT.



5. Action Request: No earlier than 12 noon local time on
Monday June 15 for WHA, AF, EUR, and NEA posts and OOB local
time on Tuesday June 16 for SCA and EAP posts, please inform
the appropriate official in the Government of Maldives of the
June 16 release of the 2009 TIP Report, drawing on the points
in para 9 (at Post's discretion) and including the text of
the country narrative provided in para 8. For countries
where the State Department has lowered the tier ranking, it
is particularly important to advise governments prior to the
Report being released in Washington on June 16.


6. Action Request continued: Please note that, for those
countries which will not receive an "action plan" with
specific recommendations for improvement, posts should draw
host governments' attention to the areas for improvement
identified in the 2009 Report, especially highlighted in the
"Recommendations" section of the second paragraph of the
narrative text. This engagement is important to establishing
the framework in which the government's performance will be
judged for the 2010 Report. If posts have questions about
which governments will receive an action plan, or how they
may follow up on the recommendations in the 2009 Report,
please contact G/TIP and the appropriate regional bureau.


7. Action Request continued: On June 16, please be prepared
to answer media inquiries on the Report's release using the
press guidance provided in para 11. If Post wishes, a local
press statement may be released on or after 10:30 am EDT June
16, drawing on the press guidance and the text of the TIP
Report's country narrative provided in para 8.


8. Begin Final Text of Maldives,s country narrative in the
2009 TIP Report:


--------------
THE MALDIVES (Tier 2)
--------------

The Maldives is primarily a destination country for migrant
workers from Bangladesh and India trafficked into forced
labor and, to a lesser extent, a destination country for
women trafficked for the purpose of commercial sexual
exploitation. An unknown number of the 80,000 foreign
workers currently working in the Maldives ) primarily in the
construction and service sectors )face fraudulent
recruitment practices, confinement, confiscation of identity
and travel documents, debt bondage, or general slave-like
conditions. Twenty thousand of these workers do not have
legal status in the country, yet both legal and illegal
workers were vulnerable to conditions of forced labor. While
some migrant workers have paid agents up to $4,000 for the
opportunity to work in the Maldives, most pay $2,000; these
high fees may create vulnerabilities for debt bondage, as
noted in a recent ILO report on forced labor. A small number
of women from Sri Lanka, Thailand, India, and China
reportedly are trafficked to Male, the capital, for purposes
of commercial sexual exploitation. A small number of
underage Maldivian girls reportedly are trafficked to Male
from other islands for domestic servitude. Trafficking
offenders usually fall into two groups: wealthy families
that subject domestic servants to forced labor; and some of
the 200 registered employment agents who bring low-skilled
migrant workers to the Maldives under false terms of
employment and subject them to conditions of forced labor
upon arrival.

The Government of the Maldives does not fully comply with the
minimum standards for the elimination of trafficking;
however, it is making significant efforts to do so. During
the reporting period, the government acknowledged the human
trafficking problem on the Maldives and began taking steps to
confront it effectively, though overall efforts were
insufficient.

Recommendations for The Maldives: Draft and enact
legislation prohibiting and punishing all forms of
trafficking in persons; develop and implement systematic
procedures for government officials to identify victims of
trafficking among vulnerable groups such as undocumented
migrants and women in prostitution; ensure that identified
victims of trafficking are provided necessary assistance and
are not penalized for unlawful acts committed as a direct
result of their being trafficked; increase efforts to
investigate and prosecute trafficking offenses and convict
and sentence trafficking offenders; raise public awareness to
human trafficking through media campaigns; and take steps to
ensure that employers and labor brokers are not abusing labor
recruitment or sponsorship processes in order to subject
migrant workers to forced labor.

Prosecution
--------------
The Government of the Maldives undertook minimal
anti-trafficking law enforcement efforts during the last
year. Although the Maldives does not have an anti-human
trafficking law, its constitution prohibits forced labor and
slavery and some laws covering sexual offenses and child
protection can be used to prosecute sex trafficking and child
trafficking offenses. The sexual offenses statute ) Section
173 of the Rules of Procedure adopted in February 2008 )
prescribes penalties of up to 15 years, imprisonment, which
are sufficiently stringent and commensurate with those
prescribed for other grave crimes, such as rape. While
overall awareness of the Maldives, trafficking problem
seemed low among law enforcement personnel, the government
provided them with some training in the recognition of
trafficking victims. These officials, however, did not
vigorously investigate possible cases of labor trafficking.
The government prosecuted one case of forced labor during the
year. A migrant worker had been chained in a small room for
days and let out only for work; his employer was convicted
and sentenced to only four months, imprisonment. A case of
suspected transnational sex trafficking was investigated, but
the case was dropped due to lack of evidence.

Protection
--------------
The Maldivian government made no discernable efforts to
identify or assist victims of trafficking for labor
exploitation. Over the year, there were reported cases of
foreign workers suffering from conditions of fraudulent
recruitment, confinement, withheld pay, physical abuse, poor
living conditions, and even debt bondage; however,
authorities, efforts to identify trafficking victims among
these exploited workers were weak. The government provided
no services, such as shelter, counseling, medical care, or
legal aid, to foreign or Maldivian victims of trafficking.
When workers in distress sought assistance from the
government, they were returned to their countries of origin,
as the government lacked adequate resources to support them.
The government,s general policy for dealing with
trafficking victims was to get them out of the country as
quickly as possible, noting that deportation is less costly
than incarceration. Two foreign women identified by police
as sex trafficking victims in 2008 were provided temporary
shelter before being repatriated with the help of their home
country,s diplomatic mission in Male; there was no criminal
prosecution related to their exploitation. There were no
reported investigations of internal trafficking of Maldivian
or transnational sex trafficking. Authorities did not
encourage victims to participate in the investigation or
prosecution of trafficking offenses and did not provide
foreign victims with legal alternatives to their removal to
countries where they might face hardship or retribution. The
government did not ensure that victims of trafficking were
not penalized for unlawful acts committed as a direct result
of their being trafficked, though there were no reports
during the reporting period of the government deliberately
punishing trafficking victims.

Prevention
--------------
The Maldivian government made minimal efforts to prevent
human trafficking over the reporting period. The government
conducted one anti-trafficking informational campaign,
however, in January 2008, which attempted to educate the
public on the provisions of the 2008 Employment Law. Various
government ministries and agencies lacked any mechanism )
such as a committee or plan of action ) for coordination on
anti-trafficking matters. However, various ministries were
in frequent contact and relied on their personal
relationships rather than a formal mechanism for contact.
The government did not take any measures to reduce the
substantial demand for forced labor on the islands, though it
did start operations of a Labor Tribunal that will address
the main form of trafficking in the country. The Maldives
has not ratified the 2000 UN TIP Protocol.


--------------



9. Post may wish to deliver the following points, which offer
technical and legal background on the TIP Report process, to
the host government as a non-paper with the above TIP Report
country narrative:

(begin non-paper)

-- The U.S. Congress, through its passage of the 2000
Trafficking Victims Protection Act, as amended (TVPA),
requires the Secretary of State to submit an annual Report to
Congress. The goal of this Report is to stimulate action and
create partnerships around the world in the fight against
modern-day slavery. The USG approach to combating human
trafficking follows the TVPA and the standards set forth in
the Protocol to Prevent, Suppress and Punish Trafficking in
Persons, Especially Women and Children, supplementing the
United Nations Convention against Transnational Organized
Crime (commonly known as the "Palermo Protocol"). The TVPA
and the Palermo Protocol recognize that this is a crime in
which the victims, labor or services (including in the "sex
industry") are obtained or maintained through force, fraud,
or coercion, whether overt or through psychological
manipulation. While much attention has focused on
international flows, both the TVPA and the Palermo Protocol
focus on the exploitation of the victim, and do not require a
showing that the victim was moved.

-- Recent amendments to the TVPA removed the requirement that
only countries with a "significant number" of trafficking
victims be included in the Report. Beginning with the 2009
TIP Report, countries determined to be a country of origin,
transit, or destination for victims of severe forms of
trafficking are included in the Report and assigned to one of
three tiers. Countries assessed as meeting the "minimum
standards for the elimination of severe forms of trafficking"
set forth in the TVPA are classified as Tier 1. Countries
assessed as not fully complying with the minimum standards,
but making significant efforts to meet those minimum
standards are classified as Tier 2. Countries assessed as
neither complying with the minimum standards nor making
significant efforts to do so are classified as Tier 3.

-- The TVPA also requires the Secretary of State to provide a
"Special Watch List" to Congress later in the year.
Anti-trafficking efforts of the countries on this list are to
be evaluated again in an Interim Assessment that the
Secretary of State must provide to Congress by February 1 of
each year. Countries are included on the "Special Watch
List" if they move up in "tier" rankings in the annual TIP
Report -- from 3 to 2 or from 2 to 1 ) or if they have been
placed on the Tier 2 Watch List.

-- Tier 2 Watch List consists of Tier 2 countries determined:
(1) not to have made "increasing efforts" to combat human
trafficking over the past year; (2) to be making significant
efforts based on commitments of anti-trafficking reforms over
the next year, or (3) to have a very significant number of
trafficking victims or a significantly increasing victim
population. As indicated in reftel B, 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 new law allows for a waiver
of this provision for up to two additional years upon a
determination by the President that the country has developed
and devoted sufficient resources to a written plan to make
significant efforts to bring itself into compliance with the
minimum standards.

-- Countries classified as Tier 3 may be subject to statutory
restrictions for the subsequent fiscal year on
non-humanitarian and non-trade-related foreign assistance
and, in some circumstances, withholding of funding for
participation by government officials or employees in
educational and cultural exchange programs. In addition,
the President could instruct the U.S. executive directors to
international financial institutions to oppose loans or other
utilization of funds (other than for humanitarian,
trade-related or certain types of development assistance)
with respect to countries on Tier 3. Countries classified as
Tier 3 that take strong action within 90 days of the Report's
release to show significant efforts against trafficking in
persons, and thereby warrant a reassessment of their Tier
classification, would avoid such sanctions. Guidelines for
such actions are in the DOS-crafted action plans to be shared
by Posts with host governments.

-- The 2009 TIP Report, issuing as it does in the midst of
the global financial crisis, highlights high levels of
trafficking for forced labor in many parts of the world and
systemic contributing factors to this phenomenon: fraudulent
recruitment practices and excessive recruiting fees in
workers, home countries; the lack of adequate labor
protections in both sending and receiving countries; and the
flawed design of some destination countries, "sponsorship
systems" that do not give foreign workers adequate legal
recourse when faced with conditions of forced labor. As the
May 2009 ILO Global Report on Forced Labor concluded, forced
labor victims suffer approximately $20 billion in losses, and
traffickers, profits are estimated at $31 billion. The
current global financial crisis threatens to increase the
number of victims of forced labor and increase the associated
"cost of coercion. "

-- The text of the TVPA and amendments can be found on
website www.state.gov/g/tip.

-- On June 16, 2009, the Secretary of State will release the
ninth annual TIP Report in a public event at the State
Department. We are providing you an advance copy of your
country's narrative in that report. Please keep this
information embargoed until 10:00 am Washington DC time June

16. The State Department will also hold a general briefing
for officials of foreign embassies in Washington DC on June
17 at 3:30 pm EDT.

(end non-paper)


10. Posts should make sure that the relevant country
narrative is readily available on or though the Mission's web
page in English and appropriate local language(s) as soon as
possible after the TIP Report is released. Funding for
translation costs will be handled as it was for the Human
Rights Report. Posts needing financial assistance for
translation costs should contact their regional bureau,s EX
office.


11. The following is press guidance provided for Post to use
with local media.

Q1: Why was Maldives placed on the TIP Report this year?
Why was it ranked Tier 2?

A: The Maldives was placed on the TIP Report for the first
time because there is reliable information that it is a
country of origin, transit, or destination for victims of
severe forms of trafficking. The Government of the
Maldives does not fully comply with the minimum standards for
the elimination of trafficking, though it is making
significant efforts to do so. The government has
acknowledged the human trafficking problem facing the
Maldives and it began taking steps to confront it
effectively.

Q2: In what areas of anti-trafficking intervention is
Maldives weak?

A: The government,s general policy for dealing with
trafficking victims was to get them out of the country as
quickly as possible, noting that deportation is less costly
than incarceration. There were no reported investigations of
internal trafficking of Maldivian or transnational sex
trafficking. Various government ministries and agencies
lacked any mechanism ) such as a committee or plan of action
) for coordination on anti-trafficking matters. The
Government of the Maldives undertook minimal anti-trafficking
law enforcement efforts during the last year.

Q3: What can Maldives do to improve its fight against
trafficking in persons?

A: The Maldives government could: Draft and enact
legislation prohibiting and punishing all forms of
trafficking in persons; develop and implement systematic
procedures for government officials to identify victims of
trafficking among vulnerable groups such as undocumented
migrants and women in prostitution; ensure that identified
victims of trafficking are provided necessary assistance and
are not penalized for unlawful acts committed as a direct
result of their being trafficked; increase efforts to
investigate and prosecute trafficking offenses and convict
and sentence trafficking offenders; raise public awareness to
human trafficking through media campaigns; and take steps to
ensure that employers and labor brokers are not abusing labor
recruitment or sponsorship processes in order to subject
migrant workers to forced labor.



12. The Department appreciates posts, assistance with the
preceding action requests.
CLINTON