ANGOLA -- 2009 TIP REPORT: PRESS GUIDANCE AND

UNCLAS STATE 060520

SIPDIS

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

--------------
Angola (TIER 2 Watch List)
--------------

Angola is a country of origin for women and children
trafficked internally for the purpose of domestic servitude
and young men trafficked for the purpose of forced
agricultural labor. Women and children, primarily, are
trafficked to South Africa, the Democratic Republic of the
Congo, Namibia, and Portugal. Young boys are trafficked to
Namibia to herd cattle. Children are also forced to act as
couriers in cross-border trade between Namibia and Angola as
part of a scheme to skirt import fees. Traffickers
successfully targeted children and adults, usually women,
from poorer families, who enter into work agreements with
relatives or contacts in other cities or provinces that
subsequently prove to be coerced and exploitive.
Unaccompanied migrant children are highly vulnerable to
trafficking; trafficking victims have been found among them.

The Government of Angola does not fully comply with the
minimum standards for the elimination of trafficking;
however, it is making significant efforts to do so. Despite
these overall significant efforts, the Government of Angola
has not investigated, prosecuted, or convicted any
trafficking offenders; therefore, Angola is placed on Tier 2
Watch List. Interagency cooperation on trafficking issues
increased, however, as have the government,s efforts to
raise the public,s awareness of the dangers of trafficking.


Recommendations for Angola: Enact laws to prohibit and
punish all forms of trafficking in persons; increase the
capacity of law enforcement officials to identify and protect
victims; systematically collect data on offenses, victims,
and prosecutions; and report on these activities.

Prosecution
--------------
The Government of Angola made inadequate efforts to address
human trafficking through law enforcement means over the last
year. Official data on criminal prosecutions and convictions
during the last year was not made available, although
information from other sources indicates that law enforcement
agents arrested six people for suspected trafficking-related
activity near the border. Angola does not have a
comprehensive law that specifically prohibits trafficking in
persons, which constrained its anti-trafficking efforts.
Draft revisions to the Penal Code, which would criminalize
trafficking of children for commercial sex or forced labor,
were not finalized. No draft amendments would specifically
prohibit trafficking adults. Provisions in the constitution
and other laws prohibiting forced and bonded labor, rape,
prostitution, pornography, kidnapping, and illegal entry
could be used to prosecute trafficking cases. Penalties of
up to eight years, imprisonment for such crimes are
sufficiently stringent and commensurate with those prescribed
for other serious crimes. In December 2008, the Ministry of
Interior, in partnership with IOM, conducted several training
seminars for counter-trafficking investigators and agents
from the Directorate of National Criminal Investigations, the
Frontier Guard, and the Migration and Immigrant Service. In
consultation with NGOs, the government continued to work on
an anti-trafficking National Action Plan.

Protection
--------------
The Angolan government continued to rely heavily upon
religious, civil society, and international organizations to
protect and assist victims of trafficking over the past year.
The government,s National Children,s Council worked with
UNICEF to develop Child Protection Networks (CPNs),which
serve as SOS Centers for trafficking victims between the ages
of 9 and 16. The CPNs offered rescue services, health, legal
and social assistance, and family reunification. No
information was available about the number of victims
assisted at the CPNs. Government personnel refer victims
over the age of 16 to shelters and services provided by the
Angolan Association for Women, an NGO that receives
government support. There is no formal system to identify
victims of trafficking among high-risk populations. Past
campaigns to raise awareness and periodic training by the IOM
improved officials, capacity to identify victims but was not
effectively put into practice. Under Angolan law, victims of
sex trafficking may bring criminal charges against their
traffickers, but may not seek compensation. The law did,
however, provide for compensation to victims of forced or
bonded labor. Current laws did not provide legal
alternatives to the removal of foreign victims to countries
where they may face hardship or retribution. Current laws
also penalized victims for offenses committed as a direct
result of being trafficked.

Prevention
--------------
The Angolan government made modest efforts to prevent
trafficking during the past year. The government did not
record data on trafficking, nor did it systemically monitor
its anti-trafficking efforts. The government strengthened
immigration controls at border posts, although restricted
resources did not allow full implementation of planned border
security improvements. To prevent child trafficking, the
Immigration Service operated selected border and internal
checkpoints to screen children for proper documentation. Six
mobile provincial teams from the National Children,s Council
continued to conduct spot checks of suspected child
trafficking routes by stopping vehicles transporting children
to check identity cards, determine the adults, relationship
to the children, and ascertain whether parents had given
permission for the children to travel. Trafficking awareness
was highlighted as part of a broad campaign to protect
children. As part of this program, government statements
against child prostitution and abuse of children,s rights
appeared frequently in national media. In partnership with
the IOM, the Ministry of the Interior organized a series of
counter-trafficking training seminars that gained significant
attention throughout the country. The government made no
visible effort to reduce the demand for commercial sex acts.
Angola 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 Angola downgraded from Tier 2 to Tier 2 Watch
list this year?


A. The Government of Angola does not fully comply with the
minimum standards for the elimination of trafficking;
however, it is making significant efforts to do so. Despite
these overall significant efforts, the government of Angola
has not investigated, prosecuted or convicted any trafficking
offenders; therefore, Angola is placed on Tier 2 Watch List.
Interagency cooperation on trafficking issues increased,
however, as have the government,s efforts to raise the
public,s awareness of the dangers of trafficking.

Q2: What is the nature of the trafficking problem in Angola?


A. Angola is a country of origin for women and children
trafficked internally for the purpose of domestic servitude
and young men trafficked for the purpose of forced
agricultural labor. Women and children, primarily, are
trafficked to South Africa, the Democratic Republic of the
Congo, Namibia, and Portugal. Young boys are trafficked to
Namibia to herd cattle. Children are also forced to act as
couriers in cross-border trade between Namibia and Angola as
part of a scheme to skirt import fees. Traffickers
successfully target children and adults, usually women, from
poorer families, who enter into work agreements with
relatives or contacts in other cities or provinces that
subsequently proved to coerced and exploitive. Unaccompanied
migrant children are highly vulnerable to trafficking;
trafficking victims have been found among them.

Q3: How could Angola improve its anti-trafficking efforts?


A. The government could enact laws to prohibit and punish
all forms of trafficking in persons; increase the capacity of
law enforcement officials to identify and protect victims;
systematically collect data on offenses, victims, and
prosecutions, and report on these activities.


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