SLOVENIA--2009 TIP REPORT: PRESS GUIDANCE AND

UNCLAS STATE 060630

SIPDIS

E.O. 12958: N/A
TAGS: ELAB KCRM KWMN PGOV PHUM PREL SMIG KPAO KTIP SI
SUBJECT: SLOVENIA--2009 TIP REPORT: PRESS GUIDANCE AND
DEMARCHE

REF: A. 2009 STATE 59732

B. 2009 STATE 5577


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 Slovenia 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
Slovenia 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 Slovenia 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 Slovenia,s country narrative in the
2009 TIP Report:

--------------
Slovenia (TIER 1)
--------------

Slovenia is primarily a transit country for men, women, and
children trafficked from Ukraine, Moldova, Slovakia, Romania,
Bulgaria, the Dominican Republic, Thailand, and Iran through
Slovenia to Western Europe for the purposes of commercial
sexual exploitation and forced labor. To a lesser extent,
Slovenia is also a destination country for men, women, and
children trafficked from Ukraine, the Dominican Republic, and
Romania for forced labor and commercial sexual exploitation
and a source of women trafficked for the purpose of forced
prostitution within Slovenia.

The Government of Slovenia fully complies with the minimum
standards for the elimination of trafficking. In November
2008, the government amended Slovenia,s criminal code to
increase the maximum penalty for trafficking to 15 years,
imprisonment. Authorities also increased the number of
trafficking prosecutions and conducted public awareness
campaigns aimed at reducing the demand for commercial sex
acts. Although the total number of victims identified and
assisted increased, Slovenia decreased funding for victim
assistance.

Recommendations for Slovenia: Continue to vigorously
investigate both sex and labor trafficking offenses and
increase trafficking prosecutions and convictions; continue
to provide trafficking awareness training for judges; ensure
that a majority of convicted traffickers serve some time in
prison; and continue to refer a significant number of
identified victims for assistance.

Prosecution
--------------

The Government of Slovenia demonstrated increased law
enforcement efforts in 2008. The government prohibits all
forms of trafficking in persons through Article 113 of its
criminal code, which prescribes penalties ranging from 6
months to 15 years' imprisonment. These penalties are
sufficiently stringent and commensurate with those prescribed
for other grave crimes, such as rape. The government
conducted seven trafficking investigations in 2008, compared
to six in 2007. Authorities prosecuted eight cases in 2008,
an increase from three cases in 2007. Six traffickers were
convicted in 2008, compared to five convictions in 2007.
Four traffickers convicted in 2008 were given sentences
ranging from 9 to 48 months, imprisonment, and two
traffickers served no time in prison; in 2007, four
traffickers were given sentences ranging from 15 to 57
months, imprisonment, and one convicted trafficker served no
time in prison. The Ministry of Justice collaborated with an
NGO to hold several anti-trafficking training seminars for
judges, prosecutors, and police during the reporting period.

Protection
--------------

The Government of Slovenia maintained its efforts to provide
adequate victim assistance and protection during the
reporting period. The government provided $95,000 to two
NGOs to provide both short-term and extended victim
assistance including shelter, rehabilitative counseling,
medical assistance, vocational training, and legal
assistance; this is a decrease from $105,000 provided in

2007. During the reporting period, government officials
referred 70 potential victims for assistance, compared to
four victims in 2007. A total of 65 victims were identified,
of which 38 were provided with assistance by
government-funded NGOs, an increase from 26 victims in 2007.
After identification, victims were granted a 90-day
reflection period. Victims were encouraged to participate in
trafficking investigations and prosecutions of trafficking
offenders. Foreign victims who assisted law enforcement
could apply for a temporary residence permit and remain in
Slovenia for the duration of the trial and may choose to stay
longer if they are employed or in school. Nine victims
assisted law enforcement in 2008, compared to eight the
previous year. Victims were not punished for unlawful acts
committed as a direct result of being trafficked.

Prevention
--------------

The government maintained its prevention efforts during the
reporting period. In 2008, the Ministry of Interior, UNHCR,
and local NGOs jointly administered a project that addressed
trafficking and gender-based violence by providing
information and assistance to asylum seekers at greatest risk
of being trafficked, particularly single women and children
separated from their parents. The government monitored
immigration and emigration patterns for evidence of
trafficking, and immigration and law enforcement officials
screened for potential trafficking victims along borders.
The government printed brochures and produced television
commercials as part of an awareness campaign aimed at
reducing the demand for commercial sex acts.

--------------


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 Slovenia given a ranking of Tier 1?

A: The Government of Slovenia fully complies with the minimum
standards for the elimination of trafficking.

Q2: What progress has Slovenia made in the past year?

A: In November 2008, the government amended Slovenia's
criminal code to increase the maximum penalty for trafficking
to 15 years' imprisonment. Authorities also increased the
number of trafficking prosecutions and conducted public
awareness campaigns aimed at reducing the demand for
commercial sex acts.

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

A: To improve its anti-trafficking performance, the
Government of Slovenia could: continue to vigorously
investigate both sex and labor trafficking offenses and
increase trafficking prosecutions and convictions; continue
to provide trafficking awareness training for judges; ensure
that a majority of convicted traffickers serve some time in
prison; and continue to refer a significant number of
identified victims for assistance.


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