CYPRUS -- 2009 TIP REPORT: PRESS GUIDANCE AND

UNCLAS STATE 061042 SIPDIS E.O. 12958: N/A TAGS: KTIP ELAB KCRM KPAO KWMN PGOV PHUM PREL CY SUBJECT: CYPRUS -- 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 Cyprus 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 Cyprus 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 Cyprus 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 Cyprus,s country narrative in the 2009 TIP Report: -------------- Cyprus (TIER 2) -------------- Cyprus is a destination country for a large number of women from Eastern Europe, the former Soviet Union, Russia, Latin America, and the Philippines trafficked for the purpose of commercial sexual exploitation. Recent trends indicate an increasing number of women trafficked to Cyprus from Latin America, Morocco, and Syria. Source countries for identified victims in 2008 include the Dominican Republic, Romania, Moldova, the Philippines, Uzbekistan, Syria, Russia, and Ukraine. Some trafficking for the purpose of labor exploitation also occurs. In 2008, most identified victims of sex trafficking were fraudulently recruited to Cyprus on three-month &artiste8 work permits to work in the cabaret industry, on &barmaid work permits8 to work in pubs, or on tourist visas to work in massage parlors disguised as private apartments. Some victims are trafficked through the area administered by the Turkish Cypriots into the Republic of Cyprus-controlled areas. The Government of Cyprus does not fully comply with the minimum standards for the elimination of trafficking; however, it is making significant efforts to do so. During the reporting period, the government undertook efforts to prevent trafficking by abolishing its &artiste8 category work permit, launching a country-wide general awareness campaign, and dedicating significant resources to the protection and assistance of trafficking victims. Although these steps mark important progress, future assessments of the Cypriot government,s anti-trafficking efforts will consider whether the government has demonstrated more vigorous prosecution efforts and convictions against traffickers to sufficiently punish and deter trafficking in Cyprus. Moreover, future assessments will look to whether the government has taken measures to prevent sex trafficking through misuse of the new &creative artist8 and &performance artist8 work permits or through an upsurge in issuances of &barmaid8 work permits. The government should also implement public awareness campaigns specifically targeting &clients8 that comprise the demand for sex trafficking victims. Recommendations for Cyprus: Ensure safeguards are developed and enforced to restrict potential conduits for trafficking into Cyprus such as the &barmaid8 work permits and the new &performing artist8 and &creative artist8 work permits; vigorously prosecute and seek convictions of trafficking offenders and officials complicit in trafficking; implement new training programs for prosecutors and judges to enhance the quality of trafficking prosecutions to ensure sufficient criminal punishments for traffickers; develop and launch a comprehensive demand reduction campaign specifically aimed at Cypriot clients of prostitution to educate them about the link between prostitution and trafficking; adopt, disseminate, and implement a practical guide outlining the identification and referral and protection of potential trafficking victims to all front-line responders; and demonstrate more consistency in providing financial support to victims. Prosecution -------------- The Government of Cyprus demonstrated moderate efforts to prosecute and punish trafficking offenders in 2008. The Government of Cyprus prohibits trafficking for the purpose of sexual exploitation and forced labor through Law 87 (I)/2007, which also contains protection measures for victims. Although the penalties prescribed for sex trafficking range up to 20 years, imprisonment, these penalties are not commensurate with those prescribed for other grave crimes, such as rape, for which the maximum sentence is life in prison. During the reporting period, police investigated and filed charges against 70 persons in 29 suspected trafficking cases, compared to 45 persons charged in 27 suspected trafficking cases filed in 2007. The government initiated prosecution in 21 of these cases in 2008, a slight increase from 17 cases initiated in 2007. However, only two of these 2008 cases were prosecuted to completion; both resulting in acquittals. Of the 31 cases of trafficking for sexual exploitation pending at the end of the previous reporting period, 11 remained in the prosecution phase, 10 resulted in acquittals, five were dismissed, one was suspended, and three remain under investigation. The government obtained only one conviction in 2008, resulting in a two-year sentence. This is a significant decline from eight convictions obtained during the previous reporting period. The Cypriot government in 2008 added an additional member to its three-person police anti-trafficking unit. A court acquitted three officers suspected of trafficking-related complicity in 2008; another case involving four officers remains pending. Protection -------------- The Government of Cyprus undertook significant efforts to protect trafficking victims in 2008. It continued to operate a shelter dedicated for trafficking victims and it provided victims with a minimum one-month reflection period to decide whether or not they want to cooperate in criminal investigations. During the reporting period, the government allocated $132,000 in funding for victim assistance; it also dedicated $249,000 for the government shelter,s operation, as well as $21,873 for an NGO-run shelter in Limassol. All victims are placed under the care of the Department of Social Welfare Services, which provided shelter and assistance to a total of 59 victims during the reporting period; six were victims of labor trafficking, two of whom were men. In 2008, police identified 41 new victims of trafficking. The government shelter housed 28 of these victims; the remaining victims were referred to the NGO shelter or stayed in private apartments. Victims who choose not to stay at the shelter are entitled to a rent subsidy and monthly allowance. The government encouraged victims to participate in investigations of trafficking offenders; 37 out of 41 victims identified agreed to assist law enforcement in 2008. The government did not penalize identified victims for unlawful acts committed as a direct result of their being trafficked. It provided legal alternatives to the removal of foreign victims to countries where they may face hardship or retribution, as the law provides for the granting of asylum or refugee status to anyone, including trafficking victims, when their lives or freedom would be threatened; however, during the reporting period no trafficking victims applied for such status. Prevention -------------- The Government of Cyprus significantly improved its efforts to prevent trafficking in 2008. In November 2008, the Council of Ministers took the decision to abolish the &artiste8 work permit, a well-known conduit for trafficking, and this decision took effect in February 2009. During the reporting period, the government issued 1,906 &artiste8 work permits, some of which were re-issuances. However, it issued 526 &barmaid8 work permits in 2008, compared to 416 issued in 2007, raising the concern that the barmaid work permit has taken the place of the &artiste8 work permit in facilitating sex trafficking to Cyprus. In December 2008, the government launched a public awareness campaign that included pamphlets and posters in government offices, colleges, airports and supermarkets; billboards were placed on main streets and highways. This campaign, however, did not specifically address demand within the context of Cyprus, a measure urgently needed in the country. During the reporting period, the head of the police anti-trafficking unit gave regular lectures to educate new police recruits about trafficking. Area Administered by Turkish Cypriots The northern area of Cyprus is administered by Turkish Cypriots; the area has declared itself the &Turkish Republic of Northern Cyprus8 (&TRNC8). The United States does not recognize the &TRNC,8 nor does any other country except Turkey. The area administered by Turkish Cypriots is a destination for women primarily trafficked from countries in Eastern Europe for the purpose of commercial sexual exploitation. During the reporting period, the majority of the women who received &artiste8 work permits in the &TRNC8 were from Moldova and Ukraine. A smaller number included women from Kyrgyzstan, Georgia, Belarus, Uzbekistan, Tajikistan, the Philippines, Kenya, Romania, and Nigeria. Authorities in the &TRNC8 overwhelmingly deny that trafficking is a significant problem in the area, posing a significant challenge to assuring any protection for women from trafficking or the prosecution of their traffickers. &TRNC8 authorities identified no trafficking victims during the reporting period. Although the area administered by Turkish Cypriots drafted an anti-trafficking &bill8 in 2007, it has yet to make any progress on this &legislation.8 Awareness of trafficking somewhat increased, although the &TRNC8 authorities provide no specialized training on trafficking; authorities continued to confuse trafficking with prostitution and smuggling. Trafficking crimes can potentially be prosecuted on charges of &living off the earnings of prostitution8 or &encouraging prostitution.8 Persons convicted under these &laws8 can receive up to two years, imprisonment. These penalties are not commensurate with those prescribed for other grave crimes in the area administered by Turkish Cypriots, such as rape. &TRNC8 authorities reportedly prosecuted nightclub owners and pimps on prostitution-related charges, but provided no statistics on these efforts. Although there are no specific reports of local authorities, complicity in trafficking, authorities likely tolerate such corruption due to a lack of anti-trafficking &legislation.8 Authorities reportedly hold the travel documents for foreign women in the cabaret industry in the &TRNC.8 The &government8 does not have specialized procedures in place to identify and refer trafficking victims or allocate any funding to anti-trafficking efforts, nor does it provide any specialized care or shelter for victims. Although prostitution is illegal in the &TRNC,8 nightclub employees are required to submit to weekly health checks for STD screening, suggesting tacit &government8 condoning of its prostitution industry. If arrested on prostitution charges, a victim is most likely deported within 24 hours. &TRNC8 authorities did not conduct any anti-trafficking awareness campaigns during the reporting period. The &TRNC8 does not fully comply with the minimum standards for the elimination of trafficking, and does not appear to be making significant efforts to do so. If the &TRNC8 were assigned a formal ranking in this report, it would likely be Tier 3. Recommendations for Turkish Cypriot authorities: Pass the draft &legislation8 that specifically prohibits all severe forms of trafficking; provide training for &law enforcement8 and other front-line responders on victim identification techniques; establish specialized protection and assistance services and shelter; and educate clients and the larger public about trafficking occurring within the cabaret industry. ¶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 Cyprus upgraded to Tier 2 in 2009? During the reporting period, the government undertook efforts to prevent trafficking by abolishing its &artiste8 category work permit, launching a country-wide general awareness campaign, and dedicating significant resources to the protection and assistance of trafficking victims. Q2: What are some issues that Cyprus still needs to address? A: Although these steps mark important progress, future assessments of the Cypriot government,s anti-trafficking efforts will consider whether the government has demonstrated more vigorous prosecution efforts and convictions against traffickers to sufficiently punish and deter trafficking in Cyprus. Moreover, future assessments will look to whether the government has taken measures to prevent sex trafficking through misuse of the new &creative artist8 and &performance artist8 work permits or through an upsurge in issuances of &barmaid8 work permits. The government should also implement public awareness campaigns specifically targeting &clients8 that comprise the demand for sex trafficking victims. Q3: What can Cyprus do to improve its fight against trafficking in persons in the coming year? ¶A. To improve its anti-trafficking performance, the Government of Cyprus could: ensure safeguards are enforced to restrict potential conduits for trafficking into Cyprus such as the &barmaid8 work permits and the new &performing artist8 and &creative artist8 work permits; vigorously prosecute and seek convictions of trafficking offenders and officials complicit in trafficking; implement new training programs for prosecutors and judges to enhance the quality of trafficking prosecutions to ensure sufficient criminal punishments for traffickers; launch a comprehensive demand reduction campaign specifically aimed at Cypriot clients of prostitution to educate them about the link between prostitution and trafficking; adopt, disseminate, and implement a practical guide outlining the identification and referral and protection of potential trafficking victims to all front-line responders; and demonstrate more consistency in providing financial support to victims. ¶12. The Department appreciates posts, assistance with the preceding action requests. CLINTON