MAURITIUS -- 2009 TIP REPORT: PRESS GUIDANCE AND

UNCLAS STATE 060598

SIPDIS

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

--------------
MAURITIUS (TIER 1)
--------------

Mauritius is a source for children trafficked within the
country for the purpose of commercial sexual exploitation.
Secondary school-age girls and, to a lesser extent, younger
girls from all areas of the island, including from Rodrigues
Island, are induced into prostitution, often by their peers,
family members, or businessmen offering other forms of
employment. Taxi drivers are known to provide transportation
and introductions for both the girls and the clients. Boys
whose mothers engage in prostitution are reportedly forced
into prostitution at a young age. Some drug-addicted women
are forced to engage in prostitution by their boyfriends, who
serve as pimps.

The Government of Mauritius fully complies with the minimum
standards for the elimination of trafficking. Mauritius
sustained its strong efforts to identify, address, and
prevent incidences of trafficking during the reporting
period. Government officials demonstrated an increasing
level of awareness of human trafficking and commitment to
addressing the problem. Public awareness projects,
particularly those convened for school students by police
officers and the National Children,s Council, were
frequently conducted and broad-reaching. Mauritius,
parliament passed a comprehensive human trafficking law in
April 2009.

Recommendations for Mauritius: Utilize newly passed
anti-trafficking legislation to investigate and prosecute
trafficking offenses and convict and punish trafficking
offenders; designate an official coordinating body or
mechanism to facilitate improved anti-trafficking
communication and coordination among the relevant ministries,
law enforcement entities, working groups, and NGOs; and
increase protective services available to victims of child
commercial sexual exploitation, particularly in regard to
safe shelter and educational opportunities.

Prosecution
--------------
The Mauritian government demonstrated increased
anti-trafficking law enforcement efforts, vigorously
investigating cases of human trafficking throughout the year.
During the year, the State Law Office drafted the Combating
of Trafficking in Persons Bill and the Office of the Attorney
General held consultations with relevant ministries and
government agencies, including the Prime Minister,s Office,
Ministry of Women,s Rights, Child Development, and Family
Welfare (MOWCD),and the Mauritius Police Force on the law,s
implementation. The law, which was introduced in the Cabinet
and passed by the parliament in April 2009, prescribes
punishment of up to 15 years, imprisonment for convicted
offenders, penalties which are sufficiently stringent and
commensurate with those prescribed for other grave crimes.
The Child Protection Act of 2005 prohibits all forms of child
trafficking and prescribes punishment of up to 15 years,
imprisonment for convicted offenders. In November 2008,
however, the government passed the Judicial Provisions Act
which provided for increased penalties for various offenses;
the act prescribes punishment for child trafficking offenses
of up to 30 years, imprisonment. The government reported
eight child sex trafficking convictions during 2008: three
under a brothel-keeping statute and five under a &debauching
youth8 statute. Sentences for these convicted offenders
ranged between three months, and three years, imprisonment,
with fines up to an equivalent $1,764. In January 2009,
police in Curepipe arrested and charged a massage parlor
owner for allegedly exploiting three girls in prostitution
within the spa. Police completed the investigation resulting
from the January 2008 arrest of a man and woman charged with
inducing their 12-year-old niece into prostitution and
referred the case to the Office of the Director of Public
Prosecution. Ten trafficking cases remain under
investigation, including two for brothel-keeping and three
for causing a child to be engaged in prostitution. The
Mauritius Police Force utilized a database for tracking
trafficking-related cases.

Protection
--------------
The government sustained its protection of child trafficking
victims during the reporting period, paying NGO shelters $6
per day for the protection of each child, including victims
of trafficking. Government officials regularly referred
children to these organizations for shelter and other
assistance. The government-funded, NGO-run drop-in center
for sexually abused children, which provided counseling to
approximately 16 girls engaged in prostitution in 2008,
advertised its services through bumper stickers, a toll-free
number, and community outreach; its social worker continued
to promote the services in schools and local communities.
Nonetheless, due the drop-in center,s lack of shelter
facilities and the often crowded conditions at NGO shelters,
comprehensive protective services were not readily available
to all victims identified within the country. To remedy
this, the MOWCD acquired land and obtained funding to
construct a residential center for victims of child
commercial sexual exploitation late in the year. The
ministry also operated a 24-hour hotline for reporting cases
of sexual abuse; three cases of child prostitution were
reported to the hotline in 2008. Mauritius has a formal
protocol on the provision of assistance to all victims of
sexual abuse; minors victimized by commercial sexual
exploitation are accompanied to the hospital by a child
welfare officer and police work in conjunction with this
officer to obtain a statement. Medical treatment and
psychological support were readily available at public
clinics and NGO centers in Mauritius. In December 2008, the
parliament passed the Child Protection (Amendment) Act, which
created a child mentoring scheme to provide support and
rehabilitation to children in distress, including children
engaged in prostitution. In May 2008, the government
launched a capacity-building program for its five District
Child Protection Committees, which report cases of vulnerable
children in their respective localities, including those
involving child prostitution. The government encourages
victims, assistance in the investigation and prosecution of
trafficking crimes. The government ensures that victims are
not inappropriately incarcerated, fined, or otherwise
penalized solely for unlawful acts committed as a direct
result of being trafficked.

Prevention
--------------
The government made notable efforts to prevent the sex
trafficking of children and reduce the demand for commercial
sex acts during the year. In 2008, the Ministry of Tourism,
Leisure, and External Communications published and
distributed to hotels and tour operators 3,000 pamphlets
regarding the responsibility of the tourism sector to combat
child sex trafficking. Law enforcement and child welfare
officials conducted surveillance at bus stops, night clubs,
gaming houses, and other places frequented by children to
identify and interact with students who were at a high risk
of sex trafficking. The Police Family Protection Unit and
the Minor,s Brigade, in conjunction with the MOWCD,s Child
Development Unit, conducted a widespread child abuse
awareness campaign at schools and community centers that
included a session on the dangers and consequences of
engaging in prostitution; this campaign reached over 12,035
persons in 2008, including 145 parents, 300 primary school
teachers, and 35 youth leaders. In addition, the police
provided specific training on avoiding child prostitution to
over 100 children in Flic en Flac, a tourist destination on
the west coast of the island.



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 Mauritius upgraded from Tier 2 to Tier 1?

A: The Parliament,s passage of a comprehensive human
trafficking law in April 2009 brought Mauritius into full
compliance with the minimum standards for the elimination of
trafficking.

Q2: What anti-trafficking progress has Mauritius made in the
last year?

A: Mauritius sustained its strong efforts to identify,
address, and prevent incidences of trafficking during the
reporting period. Government officials demonstrated an
increasing level of awareness of human trafficking and
commitment to addressing the problem. Public awareness
projects, particularly those convened for school students by
police officers and the National Children,s Council, were
frequently conducted and broad-reaching. In addition,
Mauritius passed a comprehensive human trafficking statute in
April 2009 and worked to improve the protections available to
trafficking victims.

Q3: What can Mauritius do to further its fight against human
trafficking?

A: To advance its anti-trafficking efforts, the Government of
Mauritius could: Utilize newly passed anti-trafficking
legislation to investigate and prosecute trafficking offenses
and convict and punish trafficking offenders; designate an
official coordinating body or mechanism to facilitate
improved anti-trafficking communication and coordination
among the relevant ministries, law enforcement entities,
working groups, and NGOs; and increase protective services
available to victims of child commercial sexual exploitation,
particularly in regard to safe shelter and educational
opportunities.



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