LAOS -- 2009 TIP REPORT: PRESS GUIDANCE AND

UNCLAS STATE 060456

SIPDIS

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

REF: A. (A) STATE 59732

B. (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 Laos 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 Laos
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 Laos 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 Laos,s country narrative in the 2009
TIP Report:

--------------
LAOS (TIER 2)
--------------
Laos is primarily a source country for women and girls
trafficked primarily to Thailand for the purposes of
commercial sexual exploitation and forced labor as domestic
or factory workers. Some Lao men, women, and children
migrate to neighboring countries in search of better economic
opportunities but are subjected to conditions of forced or
bonded labor or forced prostitution after their arrival. Lao
men who migrate willingly to Thailand are sometimes subjected
to conditions of involuntary servitude in the Thai fishing
and construction industry. Women who migrate to Thailand are
more likely to rely on recruitment agents and incur debt,
increasing their likelihood of becoming trafficking victims.
A small number of female citizens were also reportedly
trafficked to China to become brides for Chinese men. Ethnic
minority populations in Laos are particularly vulnerable to
trafficking because of their lack of Thai language skills and
unfamiliarity with Thai society. Laos is increasingly a
country of transit for Vietnamese, Chinese, and Burmese women
destined for Thailand ) including trafficked women ) due to
the construction of new highways and the acceleration of
infrastructure projects linking the People,s Republic of
China, Vietnam, Thailand, and Cambodia through. There were
new reports of Vietnamese women trafficked to Laos by
Vietnamese organized crime gangs for forced prostitution in
the Vietnamese community. Internal trafficking is also a
problem that affects young women and girls who are forced
into prostitution in urban areas.

The Government of Laos does not fully comply with the minimum
standards for the elimination of trafficking; however, it is
making significant efforts to do so.
During the last year, the government increased efforts to
investigate trafficking offenses and prosecute and punish
trafficking offenders. It also sustained collaboration with
international organizations and NGOs to provide training for
government and law enforcement officials, repatriate and
reintegrate Lao victims, and conducting public awareness
campaigns. A severe lack of resources, poor training of
officials, and an ongoing corruption problem remain key
impediments to the government,s ability to combat
trafficking in persons. The government continued to be
largely dependent upon the international donor community to
fund anti-trafficking activities in the country, though it
continued to restrict greatly the activities of NGOs, which
impeded progress in anti-trafficking efforts.

Recommendations for Laos: Increase efforts to combat
internal trafficking, including the prosecution of
traffickers and identification of Lao citizens trafficked
within the country; create and implement formal victim
identification procedures and train police and border
officials to identify trafficking victims; increase efforts
to combat trafficking-related complicity; implement and
support a visible anti-trafficking awareness campaign
directed at clients of the sex trade; and improve
collaboration with international organizations and civil
society to build capacity to combat trafficking in persons.

Prosecution
--------------
The Lao government demonstrated some progress in its
anti-trafficking law enforcement during the reporting period.
Laos prohibits all forms of human trafficking through Penal
Code Article 134, which was revised in 2006. The prescribed
penalties under Article 134, which are five years to life
imprisonment, are sufficiently stringent and commensurate
with those punishments prescribed for rape. In 2008, Lao
judicial authorities convicted 15 individuals of trafficking.
Several sentences imposed on convicted traffickers during
2008 consisted of one year,s imprisonment. An additional 53
cases are currently under investigation. Police
corruption, a weak judicial sector and the population,s
general distrust of the court system impede anti-trafficking
law enforcement efforts. Corruption remains a problem with
government officials susceptible to involvement or collusion
in trafficking in persons. Observers of trafficking in Laos
believe that at the local level, it is almost certain that
some officials are involved in facilitating human
trafficking, sometimes in collusion with their Thai
counterparts. There is also evidence that border officials
permit smuggling of all kinds, including of humans. However,
no government or law enforcement officials have ever been
disciplined or punished for involvement in trafficking in
persons. The Lao government collaborated with international
organizations and NGOs to increase law enforcement capacity
through training for police, investigators, prosecutors, and
customs and border officials. Through legal aid clinics, the
Lao Bar Association is currently assisting ten victims of
trafficking.

Protection
--------------
The Lao government demonstrated a mixed record in ensuring
trafficking victims, access to protective services during
the year. The Ministry of Labor and Social Welfare (MLSW)
and Immigration Department continued to cooperate with IOM,
UNIAP, and a local NGO to provide victim assistance. The
MLSW, with NGO funding, also continued operating a small
transit center in Vientiane, where identified victims
returning from Thailand remain for one week before returning
home. Victims not wanting to return home are referred to a
long-term shelter run by the Lao Women,s Union or to a local
NGO. Victims repatriated to Laos by Thai authorities are
accompanied by case files written in Thai, which Lao
officials are sometimes unable to read. The government does
not penalize victims for unlawful acts committed as a direct
result of their being trafficked. During 2008, 235 formally
identified victims of cross-border trafficking were
identified in Thailand and repatriated to Laos. The
government did not identify any victims of internal
trafficking. The government provides medical services,
counseling, vocational training, and employment services for
victims in its transit shelter in Vientiane. While domestic
trafficking victims can also be referred to the transit
shelter, there were no victims identified by Lao authorities
who stayed in the shelter. During the reporting period, at
least two Vietnamese women who were sex trafficking victims
were identified by Savannakhet provincial units of the
anti-trafficking police, and referred to NGOs for assistance
and shelter after being housed in a local prison clinic for
two weeks The government subsequently ) returned seven
Vietnamese sex trafficking victims, including one minor, to
the establishment where they had been exploited and
government officials withheld their passports after the
victims told authorities they did not want to be repatriated
to Vietnam. Four of the victims later returned to the
police, requesting repatriation assistance. They were
repatriated, but Lao authorities refused to follow
established Vietnamese procedures meant to ensure the safe
and voluntary returns of Vietnamese victims. The government
did not prosecute or convict any traffickers in this case and
the victims did not agree to testify. Although the
government encouraged victims to participate in
investigations and prosecutions of trafficking offenders, it
did not provide foreign victims legal alternatives for their
removal to countries where they may face hardship or
retribution (e.g., Vietnam) if they testify, and the Lao
government did not offer incentives for foreign victims to
participate in court proceedings. The Lao government
occasionally provides office space, land for shelters, and
staff to assist in monitoring assistance programs run by NGOs
and international organizations.

Prevention
--------------
The Lao government continued efforts to prevent trafficking
in persons with assistance from international organizations
and NGOs. With foreign funding, the government has sponsored
media messages on the dangers of trafficking. Also, in
December 2008, the Lao Youth Union held a day-long event with
workshops, puppet shows, and plays to address child
trafficking. The event was led by the Deputy Prime
Minister/Minister of National Defense who spoke about the
dangers of trafficking. The Government of Laos demonstrated
limited efforts to reduce demand for commercial sex acts
through periodic raids of nightclubs and discos used as
fronts for commercial sex. Due to the rise in tourism in
Laos and the efforts in neighboring countries to crackdown on
foreign pedophiles, sexual exploitation of local children,
Lao government officials and NGOs estimate that child sex
tourism is likely to grow in Laos. Laos continued a national
campaign to publicize the dangers of child sex tourism in the
country, which included the training of tourism sector
employees to report suspicious behavior and the display of
NGO-created public awareness posters in international hotels.


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 Laos again given a ranking of Tier 2?

A: The Government of Laos does not fully comply with the
minimum standards for the elimination of trafficking;
however, it is making significant efforts to do so. During
the last year, the government increased efforts to
investigate trafficking offenses and prosecute and punish
trafficking offenders. It also sustained collaboration with
international organizations and NGOs to provide training for
government and law enforcement officials, repatriate and
reintegrate Lao victims, and in conducting public awareness
campaigns. The government continued to be largely dependent
upon the international donor community to fund
anti-trafficking activities in the country, though it
continued to restrict greatly the activities of NGOs, which
impeded progress in anti-trafficking efforts.

Q2: What progress has Laos made in the past year?

A: In 2008, Lao judicial authorities convicted 15 individuals
of trafficking. An additional 53 cases are currently under
investigation. The Ministry of Labor and Social Welfare
(MLSW) and Immigration Department continued to cooperate with
IOM, UNIAP, and a local NGO to provide victim assistance.
The MLSW, with NGO funding, also continued operating a small
transit center in Vientiane, where identified victims
returning from Thailand remain for one week before returning
home. Laos continued a national campaign to publicize the
dangers of child sex tourism in the country, which included
the training of tourism sector employees to report suspicious
behavior and the display of NGO-created public awareness
posters in international hotels.

Q3: What efforts could Laos make to improve its fight against
trafficking in persons?

A: The Lao government could: increase efforts to combat
internal trafficking, including the prosecution of
traffickers and identification of Lao citizens trafficked
within the country; create and implement formal victim
identification procedures and train police and border
officials to identify trafficking victims; increase efforts
to combat trafficking-related complicity; implement and
support a visible anti-trafficking awareness campaign
directed at clients of the sex trade; and improve
collaboration with international organizations and civil
society to build capacity to combat trafficking in persons.


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