Identifier
Created
Classification
Origin
09STATE63498
2009-06-18 21:34:00
UNCLASSIFIED
Secretary of State
Cable title:  

BURMA -- TIP 2009 TIER 3 SHORT-TERM ACTION PLAN

Tags:  KTIP ELAB KCRM KPAO KWMN PGOV PHUM PREL SMIG BM 
pdf how-to read a cable
VZCZCXYZ0000
OO RUEHWEB

DE RUEHC #3498 1692156
ZNR UUUUU ZZH
O 182134Z JUN 09
FM SECSTATE WASHDC
TO AMEMBASSY RANGOON IMMEDIATE 0000
UNCLAS STATE 063498 

SIPDIS

E.O. 12958: N/A
TAGS: KTIP ELAB KCRM KPAO KWMN PGOV PHUM PREL SMIG BM
SUBJECT: BURMA -- TIP 2009 TIER 3 SHORT-TERM ACTION PLAN

REF: (A) STATE 60440

UNCLAS STATE 063498

SIPDIS

E.O. 12958: N/A
TAGS: KTIP ELAB KCRM KPAO KWMN PGOV PHUM PREL SMIG BM
SUBJECT: BURMA -- TIP 2009 TIER 3 SHORT-TERM ACTION PLAN

REF: (A) STATE 60440


1. This is an action cable: please see paragraph 4.


2. The 2009 Trafficking in Persons (TIP) Report carries
policy and programmatic implications for those countries
listed on Tier 3 (i.e. those countries whose governments do
not fully comply with the minimum standards for the
elimination of trafficking and are not making significant
efforts to do so). Under the Trafficking Victims Protection
Act of 2000, as amended, (TVPA) certain sanctions, effective
October 1, 2009, may be imposed on Tier 3 countries.
Sanctions may be avoided if, prior to the Presidential
determination on sanctions, a country makes "significant
efforts" to comply with the minimum standards and the
Secretary determines that the country should be reassessed
off of Tier 3.


3. The following statement is for Post's information only. If
the Government of Burma completes the steps described below
within 60 days of the TIP Report's release (by August 15,
2009) and, assuming that other efforts continue apace and
there are no significant negative events related to human
trafficking, G/TIP and EAP will recommend to the Secretary
that she make a determination that Burma has been found to
meet the criteria for Tier 2 Watch List. If the Government of
Burma were reassessed to Tier 2 Watch List, it would no
longer be subject to sanctions. If the steps below are not
completed, and Burma remains on Tier 3, the President has the
option to waive sanctions, either in full or in part, if he
determines that doing so would promote the purposes of the
TVPA or is otherwise in the national interest of the United
States. (Note: the term "sanctions" is used herein to
describe sanctions defined in the TVPA, including provision
for directed voting in international financial institutions
(IFIs)).


4. Action Request: Burma is listed as a Tier 3 Country in the
2009 TIP Report. Post is requested to approach the
government to urge that it implement the following steps
within the next 60 days. Department encourages Post to
remind the government that, while these steps are critical in

the next 60 days, continued significant efforts throughout
the year will be key to next year's ranking.


5. Begin demarche/action plan:

The Secretary of State has determined that Burma neither
fully complies with the minimum standards for the
elimination of trafficking in persons, as set forth in U.S.
law (the Trafficking Victims Protection Act, as amended),nor
is it making significant efforts to comply with those
standards. This places Burma on Tier 3. Within 90 days of
the release of the Trafficking in Persons Report, the
President must transmit to Congress sanctions determinations
for countries on Tier 3; sanctions could include certain
restrictions on USG foreign assistance; and negative USG
votes in international financial institutions(IFIs).

During the next several months, the USG will work with the
Government of Burma and foreign country missions most
directly affected by trafficking to promote improvements in
combating trafficking in persons. (At the same time, the
Government of Burma should work with foreign diplomatic
missions directly affected, including Laos, Thailand, China,
Malaysia, and Bangladesh. Based on actions taken by Burma
within 60 days of the Report's release, Burma could be
determined to have made significant efforts to bring itself
into compliance with the minimum standards if it undertakes
significant actions against trafficking during this time
frame.

Fulfillment of the following steps would constitute
significant efforts:


A. Criminally prosecute a significant number of military
and civilian officials responsible for both forced labor and
the conscription of child soldiers. (Note to Post: In the
event that the government is unable to arrive at an
appropriate benchmark, five or more prosecutions will be
deemed significant.)

-- Persons convicted should receive adequate prison
sentences. (NOTE: Per the Implementation Guidelines, imposed
sentences should involve significant jail time, with a
majority of cases resulting in sentences on the order of one
year,s imprisonment or more, but taking into account the
severity of the individual,s involvement in trafficking,
imposed sentences for other grave crimes, and the
judiciary,s right to hand down punishments consistent with
that country,s laws. END NOTE.)

-- Punishments limited to administrative penalties such as
bans on future hiring, fines, and payment of back-wages to
victims are not considered sufficient.


B. Work closely and transparently with the international
community to adequately verify and document cases of forced
labor. This involves providing international organizations
and NGOs access to parts of the country where forced labor
cases are identified, and providing these international
organizations and NGOs with private access to victims of
forced labor.


C. Work closely and transparently with the international
community to adequately verify and cases of the unlawful
recruitment and use of child soldiers. Demonstrate
significant concrete progress in demobilizing child soldiers
from all ranks of the Burmese military, including by
significantly increasing the number of child soldiers
identified and returned to their families, and granting
UNICEF and other NGOs full and unrestricted access to
released child soldiers for follow-up and assistance.


D. Significantly increase the number of criminal
prosecutions of cases involving internal sex and labor
trafficking. (Note to Post: In the event that the government
is unable to arrive at an appropriate benchmark, G/TIP
suggests that &significant8 means on the order of ten or
more.)


E. Share information on human trafficking cases prosecuted
by the government with international organizations and NGOs,
and increase collaboration with international NGOs and
international organizations in a transparent and accountable
manner.


F. Develop and implement a formal procedure to identify
both labor and sex trafficking victims among vulnerable
groups, including undocumented ethnic groups, women arrested
for prostitution, and refer them to available protective
services. Such training should include information on the
application and enforcement of laws used to prosecute human
trafficking (both labor and sex trafficking),sensitization
in basic human rights concepts, trafficking victim and
offender identification methods, and specific victim care
procedures. Such training should also include information
specific to the identification of victims of internal
trafficking. Such training programs should be &hands-on8
and provide ample opportunity for participants to practice
and apply the concepts discussed and receive feedback on
their performance. If trafficking in persons-related
expertise is not locally available, consider requesting that
an international consultant or organization, such as IOM,
with a proven capacity in this area deliver such a training
program.

-- A formal procedure would, at a minimum, articulate a
policy promoting proactive screening for victims, and
training personnel in victim identification methods or
assigning already trained personnel to high-risk areas.

-- A minimum sufficient victim identification procedure would
include the use of social workers and/or other professionals
trained specifically in trafficking victim identification to
interview those in vulnerable groups for evidence of
trafficking. (NOTE: Per the Implementation
Guidelines,victims should not be expected to self-identify
due to possible feelings of shame or fear of retribution from
their traffickers or punishment by the government, and should
go beyond the mere checking of an individuals, papers. END
NOTE.)

--Proactive measures for victim identification are
particularly necessary among groups vulnerable to
trafficking, such as foreigners being held for deportation
and women arrested for prostitution, and it is most
appropriate in areas where these potential victims may
interface with the government, including detention centers,
deportation centers, and police stations.

-- Ensure that identified victims of trafficking, including
victims of labor trafficking and victims without legal
status, are not prosecuted, detained, or otherwise penalized
for acts committed as a direct result of being trafficked,
such as violation of immigration provisions or prostitution.

-- Ensure that victims receive access to victim
services.(NOTE: Per the Implementation Guidelines, a
government should
ensure that victims receive access to primary health care,
counseling, and shelter that allows them to recount their
trafficking experience to trained social counselors and law
enforcement at a pace with minimal pressure. END NOTE.)
Establishing a standard referral procedure to transfer
identified victims to NGO victim services is recommended.

End demarche/action plan.


6. Post's continued assistance and efforts in the fight to
eliminate trafficking in persons are greatly appreciated.
CLINTON