MALI -- 2009 TIP REPORT: PRESS GUIDANCE AND

UNCLAS STATE 060561 SIPDIS E.O. 12958: N/A TAGS: KTIP ELAB KCRM KPAO KWMN PGOV PHUM PREL SMIG ML SUBJECT: MALI -- 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 Mali 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 Mali, 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 Mali 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 Mali,s country narrative in the 2009 TIP Report: -------------- Mali (TIER 2 Watch List) -------------- Mali is a source, transit, and destination country for women and children trafficked for the purposes of forced labor and, to a lesser extent, commercial sexual exploitation. In Mali, victims are trafficked from rural areas to urban centers, agricultural zones, and artisanal mining sites. Victims are also trafficked between Mali and other West African countries. Some notable destination countries for Malian child victims are Burkina Faso, Cote d,Ivoire, Guinea, Senegal, Mauritania, Niger, and Nigeria. Women and girls are trafficked primarily for domestic servitude and, to a lesser extent, forced prostitution, while boys are trafficked for forced begging and forced labor in gold mines and agricultural settings both within Mali and to neighboring countries. Reports in the last year indicate that Malian boys and girls are trafficked to Senegal and Guinea for labor in gold mines and to Cote d,Ivoire for forced labor on cotton and cocoa farms. Boys from Mali, Guinea, Burkina Faso and other countries are trafficked by Koranic masters within Mali and across borders for forced begging and other forms of forced labor. Adult men and boys, primarily of Songhai ethnicity, are subjected to the longstanding practice of debt bondage in the salt mines of Taoudenni in northern Mali. Some members of Mali,s black Tamachek community are subjected to traditional slavery-related practices rooted in hereditary master-slave relationships. The Government of Mali does not fully comply with the minimum standards for the elimination of trafficking; however, it is making significant efforts to do so, despite limited resources. Despite these overall significant efforts, the government failed to show evidence of progress in prosecuting and punishing trafficking offenders, and, therefore, Mali is placed on Tier 2 Watch List. The government arrested three alleged child traffickers during the year; they were released pending trial dates which have not been set. The government took some steps to protect victims and raise public awareness of trafficking. Recommendations for Mali: Investigate and prosecute trafficking offenses, including cases of traditional slavery, and convict and punish trafficking offenders using existing laws; criminalize the trafficking of adults for all purposes, including slavery; develop a system for collecting data on trafficking crimes and the number of victims identified and referred by government authorities to service providers for care; and increase efforts to raise public awareness about trafficking and traditional hereditary servitude. Prosecution -------------- The Government of Mali demonstrated limited law enforcement efforts to combat trafficking during the last year. Mali does not prohibit all forms of trafficking, though Article 244 of the criminal code prohibits all forms of child trafficking. Conviction of child trafficking carries a penalty of from five to 20 years, imprisonment. Article 229 of the criminal code criminalizes the sexual exploitation of children and forced prostitution of adult women. Criminal Code Article 242, passed in 1973, prohibits individuals from entering into agreements or contracts that deprive third parties of their liberty. During the reporting period, the government arrested three suspected traffickers though it failed to prosecute any trafficking offenders. A trial date has not yet been set for three individuals arrested in March 2008 for allegedly trafficking two Malian and 24 Guinean children to Mali from Guinea; they were released in June pending trial. Six cases of traditional enslavement are pending in Malian courts. Judicial authorities have taken no action on any of these cases. One of these cases involves a black Tamachek child taken from his parents in Kidal in September 2007 by an individual claiming traditional ownership rights over the child. The child remains in the custody of this traditional master. Protection -------------- The Government of Mali demonstrated moderate efforts to protect trafficking victims in the last year. Due to its limited resources, the government does not operate any victim shelters or provide direct aid to victims. Instead it refers victims to NGOs and international organizations for assistance. According to statistics provided by the Ministry for the Advancement of Women, Children and the Family, in 2008 Mali assisted in the repatriation of 21 boys of Malian origin discovered in neighboring countries and 40 boys and one girl of other nationalities discovered within Mali. The government also assisted with the return of four girls and one boy of Malian nationality trafficked within Mali. The government continued to provide in-kind assistance, such as land and buildings to NGOs providing services to trafficking victims. These local NGOs and international organizations collaborated to repatriate the 41 non-Malian child trafficking victims discovered during the year. Most cases of trafficking identified by NGOs are reported to the government, and an official from the Ministry for the Advancement of Women, Children and the Family coordinates the process of repatriation with a counterpart in the government of the victim,s country of origin. In February 2009 government officials in the towns of Gourma-Rharous and Bambara-Maounde facilitated the rescue of a woman held as a hereditary slave for 14 years. Government authorities also facilitated the rescue of the former slave,s eight year old son. There were no reports in the past year of the government interviewing victims to gather evidence for investigation and prosecution of their traffickers or, in the case of slavery allegations, their alleged masters. Mali does not provide legal alternatives to the removal of foreign victims to countries where they face hardship or retribution. Victims are not inappropriately incarcerated or fined for unlawful acts committed as a direct result of being trafficked. Prevention -------------- The Government of Mali made limited efforts to prevent trafficking, through awareness-raising or other means, during the last year. The government participated in an NGO-sponsored campaign to educate potential victims, primarily children, and their parents about trafficking. Officials overseeing the collection of statistics about trafficking victims participated in a donor-funded training on how to collect and disseminate this information. The government also assisted in organizing two IOM-funded anti-trafficking trainings, in June and December 2008, for NGOs on capacity building and information sharing. The National Steering Committee Against Child Labor, which is comprised of 43 government, NGO and international organization members, met five times during the year. Mali continued to work toward the formation of anti-trafficking committees in each of the country,s eight regions to coordinate local anti-trafficking efforts. In 2008, Mali selected institutional members for each regional committee, including village leaders, mayors, and regional representatives. The government took no visible measures to reduce the demand for forced labor, though it did take steps to reduce the demand for commercial sex acts within Mali through periodic raids of prostitution houses. The government did not take measures to ensure that its nationals who are deployed abroad as part of international peacekeeping missions do not engage in or facilitate trafficking. ¶9. Post may wish to deliver the following points, which offer technical and legal l 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 has Mali been downgraded to Tier 2 Watch List? A: The Government of Mali does not fully comply with the minimum standards for the elimination of trafficking; however, it is making significant efforts to do so, despite limited resources. Despite these overall significant efforts, the government failed to show evidence of progress in prosecuting and punishing trafficking offenders, and, therefore, Mali is placed on Tier 2 Watch List. Q3: What progress has Mali made in the last year? A: During the last year, the government arrested three suspected traffickers. According to statistics provided by the Ministry for the Advancement of Women, Children and the Family, in 2008 Mali assisted in the repatriation of 21 boys of Malian origin discovered in neighboring countries and 40 boys and one girl of other nationalities discovered within Mali. The government also assisted with the return of four girls and one boy of Malian nationality trafficked within Mali. In February 2009 government officials in the towns of Gourma-Rharous and Bambara-Maounde facilitated the rescue of a woman held as a hereditary slave for 14 years. The government participated in an NGO-sponsored campaign to educate potential victims, primarily children, and their parents about trafficking. Q3: What can Mali do to further the fight against trafficking in persons? A: Investigate and prosecute trafficking offenses, including cases of traditional slavery, and convict and punish trafficking offenders using existing laws; criminalize the trafficking of adults for all purposes, including slavery; develop a system for collecting data on trafficking crimes and the number of victims identified and referred by government authorities to service providers for care; and increase efforts to raise public awareness about trafficking and traditional hereditary servitude. ¶12. The Department appreciates posts, assistance with the preceding action requests. CLINTON