SYRIA -- 2009 TIP REPORT: PRESS GUIDANCE AND

UNCLAS STATE 060491

SIPDIS

E.O. 12958: N/A
TAGS: KTIP ELAB KCRM KPAO KWMN PGOV PHUM PREL SMIG SY
SUBJECT: SYRIA -- 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 Syria 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 Syria
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 Syria 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 Syria,s country narrative in the 2009
TIP Report:

--------------
SYRIA (Tier 3)
--------------
Syria is principally a destination country for women and
children trafficked for the purposes of domestic servitude
and commercial sexual exploitation. Women from Iraq, Eastern
Europe, former Soviet states, Somalia, and Morocco are
recruited as cabaret dancers and subsequently forced into
prostitution after their employers confiscate their passports
and confine them to their work premises. A significant
number of women and children in the large Iraqi refugee
community in Syria are forced into sexual exploitation by
criminal gangs or, in some cases, their families. Some
desperate Iraqi families reportedly abandon their girls at
the border with the expectation that traffickers on the
Syrian side would arrange forged documents for the children
and &work8 in a nightclub or brothel. Iraqi families
arrange for young girls to work in clubs and to be "married,"
often multiple times, to men for the sole purpose of
prostitution. Some Iraqi women and girls who turn to
prostitution out of economic desperation are trafficked back
into Syria after they are arrested and deported. Syria is
becoming a destination for sex tourism by citizens of other
Middle Eastern countries, due in part to the influx of Iraqi
women and girls exploited in prostitution. Syria is also a
transit country for Iraqi women and girls trafficked to
Kuwait, the UAE, and Lebanon for forced prostitution.

Some women, mostly from South and Southeast Asia and East
Africa, who are recruited to work in Syria as domestic
servants are subjected to conditions of involuntary servitude
by employers and some of the dozens of recruitment agencies
-- many of which are unlicensed ) within Syria. Their work
as domestic servants is not covered by Syrian labor law.
Contracts signed in the employee,s country of origin are
often changed upon arrival in Syria, contributing to the
employees, vulnerability to forced labor. Some of these
women are confined to the residences in which they work, and
have their passports confiscated by their employers as a way
of restraining their movement. Employers sometimes
physically abuse their foreign domestic workers. The
Governments of Sri Lanka, Indonesia, East Timor, and the
Philippines ban their citizens from accepting employment as
domestic workers in Syria, absent enhanced measures to
regulate such employment, although this has not stopped the
flow of workers into the country.

The Government of Syria does not fully comply with the
minimum standards for the elimination of trafficking and is
not making significant efforts to do so. Syria again did not
report any law enforcement efforts to investigate and punish
trafficking offenses over the past year. Protection of
trafficking victims remained inadequate overall, though the
government opened a new shelter in cooperation with IOM in
late 2008 and made plans to open a second shelter in 2009.
The government made no significant efforts to inform the
Syrian public about the practice of human trafficking or to
reduce the demand for forced labor ) particularly the forced
labor of domestic servants -- or commercial sex acts in
Syria. The government has drafted and is reviewing an
anti-trafficking law, though it has not made the text public
or indicated when the legislation might be enacted.

Recommendations for Syria: Enact a law that criminalizes
trafficking; investigate, prosecute, and punish offenders;
institute a formal procedure to identify trafficking victims
among vulnerable groups, such as girls and women found in
prostitution, or foreigners detained for lack of immigration
documentation, and refer these identified victims to
providers of appropriate care; and undertake a campaign to
raise public awareness of trafficking.

Prosecution
--------------
The Government of Syria made no reported efforts to
investigate or punish trafficking crimes during the past
year, though the government reportedly closed several labor
recruitment agencies that may have been involved in
recruiting workers through fraudulent means for the purpose
of exploitation. Syria continued to lack anti-trafficking
legislation, without which the police were stymied in
identifying potential victims and investigating suspected
trafficking offenses. During the year, the government showed
signs of nascent recognition of Syria,s trafficking problem.
Anti-trafficking legislation was drafted and reviewed by the
Cabinet and Parliament during the year, though it was not
passed or enacted. Without an adequate trafficking law,
authorities could use existing statutes prohibiting
kidnapping, forced prostitution, forced labor, and illegal
entry into Syria, to prosecute some trafficking cases;
however, there was no evidence that they did so.
The 1961 anti-prostitution law criminalizes bringing a person
into the country for the purpose of prostitution, and
prohibits prostituting a minor less than 16 years old, with a
prescribed penalty of one to seven years, imprisonment. The
General Penal Code imposes a three-year prison term and
nominal fine for exploitation of prostitution by force,
fraud, or coercion. These penalties are not commensurate
with the penalties prescribed for rape. Decree 29 of 1970,
which regulates immigration, stipulates that "any foreigner
who tries to enter the country with false documents and
anyone who aided that person is subject to imprisonment of
three months to one year.8 In practice, however, these laws
are not targeted toward, or enforced against, traffickers. A
2005 law on money laundering and terrorism financing
authorizes prosecution of anyone who receives illicit funds
from, inter alia, &trading in people,8 although there is no
information indicating that anyone has been prosecuted under
this provision.

Protection
--------------
During the year, the Syrian government made modest progress
in protecting trafficking victims. The government donated
building space for a new trafficking shelter opened in
Damascus in late 2008, and made plans to open a second
shelter in Aleppo later this year. These shelters offer
legal and medical services and psychological counseling to
victims of domestic violence and human trafficking. Referral
of trafficking victims to shelters or NGOs remained informal
absent enactment of anti-trafficking legislation or
development of a formal anti-trafficking policy. In some
cases, Iraqi refugee women who were identified as victims of
trafficking were moved from detention facilities to shelters.
The government continues to lack formal victim
identification procedures to identify potential trafficking
victims. As a result, victims of trafficking may have been
arrested and charged with prostitution or violating
immigration laws. There were reports, however, that some
women arrested for prostitution and subsequently identified
as victims of trafficking were referred to shelters; this is
a positive development. Also, Syrian immigration authorities
worked with IOM and foreign embassies to arrange for
repatriation of several women, most of whom had escaped from
abusive situations as domestic workers. Syria did not
actively encourage victims to assist in investigations or
prosecutions of their traffickers and did not provide foreign
victims with legal alternatives to their removal to countries
in which they may face hardship or retribution.

Prevention
--------------
During the past year, the government took minimal steps to
prevent trafficking. Syria did not conduct any campaigns to
educate the public about trafficking, or take any measures to
reduce the demand for commercial sex acts. Similarly, the
government did not undertake any public awareness campaigns
against child sex tourism. Together with IOM, the government
provided training to Syrian border immigration officials on
combating fraudulent documents, which included a
trafficking-awareness component. Syria 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 Syria given a Tier 3 ranking?

A: Syria was placed on Tier 3 because the government made
no significant efforts to investigate and punish trafficking
offenses or adequately protect victims of trafficking over
the last year. Syria continued to lack anti-trafficking
legislation, which hinder the ability of the police to
investigate suspected trafficking offenses. Authorities
could use existing statutes to prosecute some trafficking
cases; however, there was no evidence that they did so.
Syria did not conduct any campaigns to educate the public
about trafficking, or take any measures to reduce the demand
for commercial sex acts. Similarly, the government did not
undertake any public awareness campaigns against child sex
tourism.

Q2: Has Syria made any progress in combating trafficking
although the tier ranking has remained the same since 2008?

A: The government reportedly closed several labor
recruitment agencies that may have been involved in
recruiting workers through fraudulent means for the purpose
of exploitation. Anti-trafficking legislation was drafted
and reviewed by the Cabinet and Parliament. The government
donated building space for a new trafficking shelter opened
in Damascus in late 2008. Together with IOM, the government
provided training to Syrian border immigration officials on
combating fraudulent documents, which included a
trafficking-awareness component.

Q3: What can Syria do to further the fight against
trafficking in persons?

A: The Syrian government could: Enact a law that
criminalizes trafficking; investigate, prosecute, and punish
offenders; institute a formal procedure to identify
trafficking victims among vulnerable groups, such as girls
and women found in prostitution, or foreigners detained for
lack of immigration documentation, and refer these identified
victims to providers of appropriate care; and undertake a
campaign to raise public awareness of trafficking.



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