PAKISTAN -- 2009 TIP REPORT: PRESS GUIDANCE AND

UNCLAS STATE 060559 SIPDIS E.O. 12958: N/A TAGS: KTIP ELAB KCRM KPAO KWMN PGOV PHUM PREL SMIG PK SUBJECT: PAKISTAN -- 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 Pakistan 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 Pakistan 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 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 Pakistan 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 Pakistan,s country narrative in the 2009 TIP Report: -------------- PAKISTAN (TIER 2 WATCH LIST) -------------- Pakistan is a source, transit, and destination country for men, women, and children trafficked for the purposes of forced labor and sexual exploitation. The country,s largest human trafficking problem is that of bonded labor, which is concentrated in Sindh and Punjab provinces, particularly in brick kilns, carpet-making, agriculture, fishing, mining, leather tanning, and production of glass bangles; estimates of Pakistani victims of bonded labor, including men, women, and children, vary widely but are likely over one million. Parents sell their daughters into domestic servitude, prostitution, or forced marriages, and women are traded between tribal groups to settle disputes or as payment for debts. Pakistani women and men migrate voluntarily to Gulf states, Iran, and Greece for low-skilled work as domestic servants or in the construction industry. As a result of fraudulent job offers made and high fees charged during recruitment, however, some find themselves in conditions of involuntary servitude or debt bondage once abroad, including restrictions on movement, non-payment of wages, threats, and physical or sexual abuse. Moreover, NGOs contend that Pakistani girls are trafficked to the Middle East for sexual exploitation. Pakistan is also a destination for women and children from Afghanistan, Azerbaijan, Bangladesh, India, Iran, and Nepal trafficked primarily for forced labor. Women from Bangladesh and Nepal are trafficked through Pakistan to the Gulf States. The Government of Pakistan does not fully comply with the minimum standards for the elimination of trafficking; however, it is making significant efforts to do so. Despite these significant overall efforts, including the prosecution of some trafficking offenses and the launch of public awareness programming, the government did not show evidence of progress in addressing the serious issues of bonded labor, forced child labor, and the trafficking of migrant workers by fraudulent labor recruiters; therefore, Pakistan is placed on Tier 2 Watch List. Convictions of trafficking offenders decreased during the reporting period. The government continued to punish victims of sex trafficking and did not provide protection services for victims of forced labor, including bonded labor. Recommendations for Pakistan: Significantly increase law enforcement activities, including adequate criminal punishment, against bonded labor, forced child labor, and fraudulent labor recruiting for purposes of trafficking; continue to vigorously investigate, prosecute, and punish acts of government complicity in trafficking at all levels; and expand victim protection services for victims of forced labor and sex trafficking. Prosecution -------------- The Government of Pakistan made insufficient law enforcement efforts to address trafficking in 2008, particularly in regard to labor trafficking. Pakistan prohibits all forms of transnational trafficking in persons through its Prevention and Control of Human Trafficking Ordinance (PACHTO); the ordinance,s prescribed penalties range from seven to 14 years, imprisonment. The government uses Sections 17 through 23 of the Emigration Ordinance to prosecute internal cases of trafficking. In addition, the Bonded Labor System Abolition Act prohibits bonded labor, with prescribed penalties ranging from two to five years, imprisonment or a fine, or both. Prescribed penalties for all above offenses are sufficiently stringent and commensurate with those for other grave crimes, such as rape. Pakistan did not provide data to demonstrate any significant law enforcement efforts against labor trafficking. Though Pakistan has a substantial problem of bonded labor, neither the federal nor the provincial governments provided evidence of criminal prosecutions, convictions, or punishments for perpetrators of bonded labor, or for other acts of forced labor, including fraudulent recruitment for the purpose of forced labor, and forced child labor. With respect to sex trafficking, primarily prosecuted as a transnational crime under PACHTO, during the reporting period, the government secured the convictions of 28 trafficking offenders ) 24 fewer than last year; unlike in past years, the Federal Investigation Agency (FIA) did not make available the specifics of the punishments given to trafficking offenders. During the reporting period, FIA, with assistance from IOM and NGOs, continued to offer training on investigating trafficking cases and sensitively treating victims; FIA did not provide data on the number of law enforcement officials that received such training. Government officials at all levels have been implicated in human trafficking; there were reports of bribery of government and law enforcement officials during the reporting period. Pakistani authorities disciplined 147 law enforcement officers for complicity with human trafficking under the Government Service Rules and Regulations; 12 were permanently removed, four were compulsorily retired, and seven were reduced in rank. The remaining cases resulted in administrative actions. Protection -------------- The government,s efforts to protect victims of trafficking were inadequate during the reporting period. Pakistan did not report any programs to identify and protect victims of forced labor ) the largest sectors of Pakistan,s trafficking victims ) particularly bonded labor and forced child labor in informal industries such as domestic work. Foreign victims of trafficking also did not receive government protection services. Protection for victims of commercial sexual exploitation remained limited; internally trafficked women could access 25 federal government-run &Women,s Centers8 or 276 provincial government-run &Darul Aman8 centers offering medical treatment, vocational training, and legal assistance to abused women and children. Pakistani sex trafficking victims were sometimes arrested and incarcerated for prostitution without screening for evidence of trafficking, and some were subjected to punishment under Islamic law for fornication and adultery. During the year, the Punjab Government,s Child Protection Bureaus in Lahore, Rawalpindi, Rahim Yar Khan, Multan, and Faisalabad sustained efforts begun in 2005 to rescue child beggars from the streets and provide rehabilitative services; at the time of this writing, Lahore,s facility housed 219 boys. In past years, the government encouraged foreign victims to participate in investigations against their traffickers by permitting them to seek employment while awaiting trial; there is no evidence of the government providing assistance to foreign trafficking victims in 2008 or encouraging their participation in investigations. Foreign victims reportedly were not prosecuted or deported for unlawful acts committed as a direct result of being trafficked, but some foreign victims may have been subject to punishment for fornication, even as victims of sex trafficking. The government did not provide foreign victims with legal alternatives to their removal to countries where they may face hardship or retribution. The Ministry of Overseas Pakistanis provided assistance to repatriated Pakistani trafficking victims, such as medical, legal, and financial assistance. Prevention -------------- Pakistan made a number of efforts to prevent trafficking in persons during the reporting period, though lack of public awareness continued to be a problem. In 2008, the FIA sponsored anti-trafficking advertisements in major Urdu- and English-language newspapers, and its officers visited the five Punjab districts identified as major source areas to convene discussions with typical source communities. The FIA launched a hotline for reporting cases of trafficking and smuggling that received 811 complaints, but did not specify the number of trafficking-specific calls. In addition, the Ministry of Interior produced and distributed a film about the dangers of trafficking on state television and to vulnerable populations along the border with India. The government, however, did not take any reported measures during the reporting period to reduce the country,s considerable demand for bonded labor, nor did it address demand for commercial sex acts. The government did not provide anti-trafficking training to its nationals deployed abroad for international peacekeeping missions. Pakistan 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 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 Pakistan downgraded to Tier 2 Watch List? A: Despite making efforts to combat trafficking through public awareness programming and prosecution of some trafficking offenses, the Pakistani government did not show evidence of progress in addressing the serious issues of bonded labor, forced child labor, and the trafficking of migrant workers by fraudulent labor recruiters, resulting in its placement on Tier 2 Watch List. Convictions of trafficking offenders decreased during the reporting period. In addition, it did not provide protection services for victims of forced labor, including bonded labor. Q2: What progress has Pakistan made in the past year? A: With respect to sex trafficking, the government secured the convictions of 28 trafficking offenders. The Punjab Government,s Child Protection Bureaus in Lahore, Rawalpindi, Rahim Yar Khan, Multan, and Faisalabad sustained efforts to rescue child beggars from the streets and provide rehabilitative services. The Ministry of Overseas Pakistanis provided assistance to repatriated Pakistani trafficking victims, such as medical, legal, and financial assistance. The Federal Investigation Agency sponsored anti-trafficking advertisements in major Urdu- and English-language newspapers, launched a hotline for reporting cases of trafficking and smuggling, and its officers visited the five Punjab districts identified as source areas to convene discussions with local communities. In addition, the Ministry of Interior produced and distributed a film about the dangers of trafficking on state television and to vulnerable populations along the border with India. Pakistan also disciplined 147 law enforcement officers for complicity with human trafficking. Q3: What can Pakistan do to improve its efforts to combat trafficking in persons? A: To combat trafficking more effectively, the Pakistan could: significantly increase law enforcement activities, including adequate criminal punishment, against bonded labor, forced child labor, and fraudulent labor recruiting for purposes of trafficking; continue to vigorously investigate, prosecute and punish acts of government complicity in trafficking at all levels; and expand victim protection services for victims of forced labor and sex trafficking. ¶12. The Department appreciates posts, assistance with the preceding action requests. CLINTON