BURUNDI -- 2009 TIP REPORT: PRESS GUIDANCE AND

UNCLAS STATE 060586

SIPDIS

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

--------------
BURUNDI (TIER 2 WATCH LIST)
--------------

Burundi is a source country for children trafficked for the
purposes of child soldiering, domestic servitude, and
commercial sexual exploitation. The rebel faction National
Liberation Force (FNL) remained the only armed group not to
have fully implemented a ceasefire agreement with the
government, and it continued to unlawfully recruit and
exploit children as fighters, manual laborers, and logistical
support throughout the majority of the reporting period; the
FNL appeared to cease child recruitment in early 2009 after
the commencement of the formal demobilization process.
Generally, child soldiers and other children were identified,
separated from the adults at the demobilization camps and
pre-assembly areas, and returned to their homes early to
mid-2009. FNL rebels reportedly forced rural populations to
perform uncompensated labor, such as transporting supplies or
weapons, during the reporting period. Some Burundian
children are also trafficked within the country for domestic
servitude and commercial sexual exploitation. While there is
little evidence of large-scale child prostitution,
&benevolent8 older females offer vulnerable younger girls
room and board within their homes, and eventually push them
into prostitution to pay for living expenses; extended family
members reportedly also financially profit from the
commercial sexual exploitation of young relatives residing
with them. Male tourists from Oman and the United Arab
Emirates exploit Burundian girls in prostitution; parents
reported six cases of such liaisons to the police during the
reporting period. Burundian girls are also trafficked to
Kenya, Malawi, and Uganda for commercial sexual exploitation.
Human trafficking of Burundian adults and children with
albinism to Tanzania for the forcible removal of body parts
may occur; so-called Tanzanian traditional healers seek
various body parts of persons with albinism for traditional
medical concoctions commonly purchased to heal illness,
foster economic advancement, or hurt enemies.

The Government of Burundi 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 did not
show evidence of progress in prosecuting human trafficking
offenses and punishing trafficking offenders over the last
year; therefore, Burundi is placed on Tier 2 Watch List.

Recommendations for Burundi: Utilize the anti-trafficking
provisions of the newly passed criminal code amendments to
prosecute and convict trafficking offenders; establish an
official process for law enforcement and social welfare
officials to interview potential trafficking victims and
refer them for assistance; take steps to remove children
trafficked into prostitution and domestic servitude and
provide them with protective services; launch a nationwide
anti-trafficking public awareness campaign; and provide
training on human trafficking to new police and border
guards.

Prosecution
--------------
The government,s anti-trafficking law enforcement efforts
were limited during the reporting period. Article 241 of the
Burundian Constitution prohibits slavery and its criminal
code outlaws forced labor and kidnapping. During the
November 2008 legislative session, the National Assembly
approved amendments to the criminal code that, among other
things, prohibit human trafficking and prescribe sentences of
five to ten years, imprisonment; the amendments do not,
however, provide a clear definition of human trafficking.
The draft amendments were subsequently considered by
Burundi,s Senate, and signed into law by the president in
April 2009. The revised criminal code, however, prescribes
no explicit penalties for forced labor or slavery, and
penalties of five to 10 years, imprisonment for kidnapping.
Sex trafficking crimes can be punished using statutes on
brothel-keeping and pimping, which prescribe penalties of one
to five years, imprisonment. The existing penalties are
sufficiently stringent but not commensurate with those
prescribed for other serious offenses. Nevertheless, there
were no investigations, prosecutions, or convictions for
trafficking under these statutes during the reporting period.
The National Police,s Brigade for the Protection of Women
and Children provided counseling for girls detained for
engaging in prostitution before releasing them to their
parents. Additionally, after receiving citizen complaints,
it investigated house-based brothels where children were
allegedly exploited; there was no known punishment of brothel
operators during the reporting period. Victims, families
lodged three cases of forced prostitution with police in
2008; the investigations are pending.

Protection
--------------
The government provided minimal assistance to trafficking
victims during the reporting period. Fighting between the
government and the FNL intensified in April 2008, making
negotiations for the release of child soldiers increasingly
urgent yet difficult. The Executive Secretary of the
National Commission for Demobilization, Reinsertion and
Reintegration played a prominent role in the negotiations.
As a result, 220 child soldiers were identified at the Randa
&dissident8 camp in May 2008 and released to officials from
the United Nations, the African Union, and the Government of
Burundi. With UNICEF funding, the Commission,s staff
provided medical check-ups for children suffering from
physical and psychological trauma and conducted searches for
their families; the former child soldiers were reunited with
their families in June and July after parents signed a
discharge form. The government attempted to follow up on the
status of demobilized children, but was hindered by a lack of
resources to operate outside of Bujumbura, where the majority
of these demobilized child soldiers now reside. The
government did not, however, undertake programming to care
for or rehabilitate female children associated with the FNL.
There are currently no children at Randa or Buramata
&dissident8 camps for rebel elements seeking
demobilization, but the existence of children in Rubira, the
FNL assembly area, was reported during 2008.

The government did not, however, provide protective services
to victims of any other category of human trafficking during
the reporting period, or show evidence of implementing
procedures to identify such victims of trafficking or refer
them to organizations that provide protective services. The
government did not encourage victims to participate in
investigations or prosecutions of trafficking offenders, nor
did it ensure that victims were not inappropriately
incarcerated or otherwise penalized solely for unlawful acts
committed as a direct result of being trafficked.

Prevention
--------------
The government,s efforts to prevent trafficking remained
lackluster. A poor understanding of human trafficking among
government officials, particularly the police, continued to
be an impediment to effective intervention. In June 2008,
the government sent officials from the Ministry of Justice,
the Supreme Court and the National Crime Bureau to Dar es
Salaam for a meeting of regional security and judicial
officials to draft a Regional Action Plan to Prevent and
Combat Human Trafficking in Eastern Africa. The Ministry of
Labor conducted no child labor inspections or investigations
in 2008. During the year, the Ministry of National Security
and Human Rights, in conjunction with the National DDR
Commission and with production assistance from an
international NGO, sponsored radio spots that aired four
times each week to educate citizens about topics such as
human trafficking and violence against women. The government
did not undertake efforts to reduce demand for commercial sex
acts during the reporting period. The pre-deployment
training for four battalions of Burundian peacekeepers
participating in the African Union,s Mission to Somalia,
provided by two foreign governments, included a curriculum
that created awareness and discouraged acts of trafficking
and sexual exploitation. Burundi 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 Burundi placed on Tier 2 Watch List?

A: Burundi was placed on Tier 2 Watch List because it did
not show evidence of progress in prosecuting human
trafficking offenses and punishing trafficking offenders over
the last year. A poor understanding of human trafficking
among government officials, particularly the police,
continued to be an impediment to effective intervention.
With the exception of care provided to child soldiers
associated with the FNL, the government provided minimal
assistance to trafficking victims during the reporting
period.

Q2: What progress has Burundi made in the last year?

A: With UNICEF funding, the National Disarmament,
Demobilization, and Reintegration (DDR) Commission,s staff
provided medical check-ups for children suffering from
physical and psychological trauma and conducted searches for
their families; the former child soldiers were reunited with
their families in June and July after parents signed a
discharge form. During the year, the Ministry of National
Security and Human Rights, in conjunction with the National
DDR Commission and with production assistance from an
international NGO, sponsored radio spots that aired four
times each week to educate citizens about human rights
violations such as human trafficking and violence against
women.

Q3: What can Burundi do to improve its fight against
trafficking in persons?

A: The Burundian government could: utilize the
anti-trafficking provisions of the newly passed criminal code
amendment to prosecute and convict trafficking offenders;
establish an official process for law enforcement and social
welfare officials to interview potential trafficking victims
and refer them for assistance; take steps to remove children
from prostitution and domestic servitude and provide them
with protective services; launch a nationwide
anti-trafficking public awareness campaign; and institute
training on human trafficking as a standard part of the
mandatory training program for new police and border guards.


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