MONTENEGRO--2009 TIP REPORT: PRESS GUIDANCE AND

UNCLAS SECTION 01 OF 05 STATE 061091 SIPDIS E.O. 12958: N/A TAGS: ELAB KCRM KWMN PGOV PHUM PREL SMIG KPAO KTIP MW SUBJECT: MONTENEGRO--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 Montenegro 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 Montenegro 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 Montenegro 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 Montenegro's country narrative in the 2009 TIP Report: -------------- Montenegro (TIER 2 Watch List) -------------- Montenegro is primarily a transit country for the trafficking of women and girls from Ukraine, Moldova, Serbia, Albania, and Kosovo to Western Europe for the purpose of commercial sexual exploitation. There have been reported cases of forced labor in the construction industry. There is anecdotal evidence that foreign children, mainly Roma, are also trafficked through Montenegro for the purpose of forced begging. In 2008, there were no reports of Montenegrins STATE 00061091 002 OF 005 being trafficked to other countries. Groups that are vulnerable to trafficking include women in prostitution, unaccompanied foreign minors, ethnic Roma, and foreign construction workers. Refugees and displaced persons also are vulnerable, as their lack of legal status in Montenegro limits their access to legal employment and social rights. ) The Government of Montenegro 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 provide adequate evidence of progress in punishing convicted traffickers or proactively identifying trafficking victims among vulnerable groups; therefore, Montenegro is placed on Tier 2 Watch List. In a positive development late in the reporting period, the new anti-trafficking coordinator has made it a priority to create a mechanism that accurately tracks anti-trafficking law enforcement statistics, conduct outreach to the judicial branch to address concerns about trafficking prosecutions, and raise awareness about human trafficking within Montenegro. It is expected that these positive steps should portend tangible results in the coming year. Recommendations for Montenegro: Continue to vigorously investigate and prosecute trafficking offenses, and convict and sentence trafficking offenders, including any public officials complicit in trafficking; ensure that convicted trafficking offenders receive adequate punishment; improve tracking of human trafficking law enforcement data; increase efforts to identify victims among vulnerable groups, such as women arrested for prostitution violations, undocumented migrants, and child beggars, and refer them to the government shelter or trafficking NGOs; provide protection for potential child victims of trafficking; continue the recently launched anti-trafficking public awareness campaign; and continue vigorous efforts to coordinate all anti-trafficking entities within Montenegro. Prosecution -------------- The Government of Montenegro did not demonstrate vigorous anti-trafficking law enforcement efforts in 2008. Montenegro prohibits sex and labor trafficking through Article 444 of its criminal code, which prescribes penalties that are sufficiently stringent and commensurate with those prescribed for rape. Precise trafficking-related statistics for 2008 were unavailable, but the new coordinator is working on establishing a mechanism that would address this concern as well as improving overall prosecution efforts. According to information provided by the government and media reports, the government initiated 18 trafficking prosecutions and secured the convictions of eight trafficking offenders during the reporting period. Sentences ranged from two years to six years' and 10 months' imprisonment. The government reported that four of the eight convicted traffickers are currently in serving time in jail. The government also confirmed that three convicted trafficking offenders sentenced each to five years' imprisonment in 2007 were not serving their sentences in jail. Although corruption is a significant problem in Montenegro, during the reporting period, neither civil society, nor media outlets, nor government agencies reported specific allegations of official complicity in trafficking in persons crimes. Protection -------------- The Montenegrin government continued efforts to protect trafficking victims over the last year, although results were mixed. The government funded all expenses for a trafficking victim shelter and provided medical and legal assistance as well as vocational training for victims. The government reported it used a formal mechanism to guide police in referring potential trafficking victims to the government shelter, but authorities reported identification of just three victims, two of whom were referred to the shelter in ¶2008. Also during the reporting period, at least 75 minors were apprehended for begging; police determined they were not trafficking cases and did not refer any of the children to the government's trafficking shelter, which can accommodate potential child victims. Police conducted raids on nightclubs and illegal construction sites but reported no additional referrals. According to official policy, the government encouraged victims to participate in the investigations or prosecution of trafficking offenders; lengthy court proceedings lead to prolonged shelter stays and delayed repatriation for victims while they waited to participate in prosecutions. In practice, few victims have participated in the prosecution of their traffickers beyond giving statements to the police due to fear of reprisals; as noted previously, many convicted traffickers have not been sentenced to prison. The government reported that trafficking victims have not been penalized for unlawful acts STATE 00061091 003 OF 005 committed as a direct result of their being trafficked. Under Montenegrin law, the government can provide temporary or permanent residency status to foreign victims, depending on the circumstances of the case. Prevention -------------- The government acknowledged that human trafficking was a regional problem, but has not specifically acknowledged that there is a problem occurring in Montenegro. During the reporting period, the government funded six workshops for various ministries involved in combating trafficking and performed an awareness raising campaign in schools. The government also signed a memorandum of understanding with NGOs to facilitate cooperation on combating human trafficking. The government adopted a new action plan in December 2008 valid through 2009. The government did not fund Montenegro's hotline for trafficking victims but pledged to do so in the future. The new coordinator has brought renewed focus to the government's efforts to combat trafficking in persons, reinstating regular meetings of the anti-trafficking working group. There were no awareness efforts aimed at reducing the demand for sex or labor trafficking during the reporting period. ¶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 STATE 00061091 004 OF 005 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 Montenegro again given a rank of Tier 2 Watch List? A: The Government of Montenegro is placed on the Tier 2 Watch List for the second consecutive year because it did not provide adequate evidence during the reporting period of progress in punishing convicted traffickers or proactively identifying trafficking victims among vulnerable groups. In a positive development late in the reporting period, the new anti-trafficking coordinator has made it a priority to create a mechanism that accurately tracks anti-trafficking law enforcement statistics, conduct outreach to the judicial branch to address concerns about trafficking prosecutions, and raise awareness about human trafficking within Montenegro. These positive steps in critical areas should provide a foundation to help Montenegro demonstrate better results over the next reporting period. Q2: What can Montenegro do to improve its fight against trafficking in persons? A: To improve its anti-trafficking performance, the Montenegrin government could: continue to vigorously investigate and prosecute trafficking offenses, and convict and sentence trafficking offenders, including any public officials complicit in trafficking; ensure that convicted trafficking offenders receive adequate punishment; improve STATE 00061091 005 OF 005 tracking of human trafficking law enforcement data; increase efforts to identify victims among vulnerable groups, such as women arrested for prostitution, migrants, and child beggars, and refer them to the government shelter or anti-trafficking NGOs; provide protection for potential child victims of trafficking; continue the recently launched anti-trafficking public awareness campaign; and continue vigorous efforts to coordinate anti-trafficking entities within Montenegro. Q3: What is the scope of Montenegro's human trafficking problem? A: Montenegro is primarily a transit country for the trafficking of women and girls from Ukraine, Moldova, Serbia, Albania, and Kosovo to Western Europe for commercial sexual exploitation. There have been cases of forced labor in the construction industry. There is anecdotal evidence that Roma children are trafficked through Montenegro for forced begging. Q4: What sources does the State Department use for information? A: The Department of State prepared this Report using information from U.S. embassies, foreign government officials, NGOs and international organizations, published reports, research trips to every region, and information submitted to tipreport@state.gov. ¶12. The Department appreciates posts' assistance with the preceding action requests. CLINTON