FRANCE: INPUT FOR THE 2010 TRAFFICKING IN PERSONS

UNCLAS SECTION 01 OF 06 PARIS 000198 SIPDIS DEPARTMENT FOR G/TIP (JENNIFER DONNELLY),G (LAURA PENA), EUR/PGI (JODY BUCKNEBERG),INL, DRL, PRM E.O. 12958: N/A TAGS: KTIP KCRM PHUM KWMN SMIG KFRD ASEC PREF ELAB ,KMCA, FR SUBJECT: FRANCE: INPUT FOR THE 2010 TRAFFICKING IN PERSONS REPORT (PART 2 OF 3) REF: STATE 2094 PARIS 00000198 001.6 OF 006 PROTECTION AND ASSISTANCE TO VICTIMS -------------- ¶5. (SBU) Responses are keyed to reporting questions specified in paragraph 28 of reftel. What kind of protection is the government able under existing law to provide for victims and witnesses? Does it provide these protections in practice? -- A. Victims' assistance is primarily handled by NGOs in close association with the French government. Once a trafficking victimQ identified by the police or social services to the NGOs that work with the victims, the individual is given shelter, access to legal counsel, food, and medical care. Since the Council of Europe's Convention to Fight Trafficking in Persons entered into force in 2008 in France, victims have a 30-day reflection period after receiving medical and psychological assistance and the right to compensation to consider whether they wish to cooperate with authorities and to decide a course of action. Does the country have victim care facilities (shelters or drop-in centers) which are accessible to trafficking victims? Do foreign victims have the same access to care as domestic trafficking victims? Where are child victims placed (e.g., in shelters, foster care, or juvenile justice detention centers)? Does the country have specialized care for adults in addition to children? Does the country have specialized care for male victims as well as female? Does the country have specialized facilities dedicated to helping victims of trafficking? Are these facilities operated by the government or by NGOs? What is the funding source of these facilities? Please estimate the amount the government spent (in U.S. dollar equivalent) on these specialized facilities dedicated to helping trafficking victims during the reporting period. -- B. Most victim care facilities in France take the form of temporary shelters maintained by the network of NGOs, which are supported by government funding and private sources. Specifically, France works with the Association (ALC),the Committee Against Modern Slavery (CCEM),and L'Amicale du Nid among others to shelter and aid victims. The CCEM contacts noted that they often require the aid of religious groups in different regions to provide temporary lodging for victims, as they only have a handful of emergency apartments for use and do not maintain permanent shelters. In cooperation with Zero Tolerance on Modern Slavery (ETZ) in the south of France, the CCEM works with pro-bono medical and social service professionals to assist victims of forced labor. For child victims, Action Teams Against Pimping (EACP) runs an SOS prostitution helpline and provides support for sexually exploited minors. The government provides training through the Minister of Social Action to NGOs and social workers to help victims of trafficking. The CCEM also works with local charities to provide interpretation services via telephone for victims in Arabic, Spanish, and Wolof, recognizing that the majority of victims are foreign nationals who may not speak French when they call hotlines. Does the government provide trafficking victims with access to legal, medical, and psychological services? If so, please specify the kind of assistance provided. Does the government provide funding or other forms of support to foreign or domestic NGOs and/or international organizations for providing these services to trafficking victims? Please explain and provide any funding amounts in U.S. dollar equivalent. If assistance provided was in-kind, please specify exact assistance. Please specify if funding for assistance comes from a federal budget or from regional or local governments. -- C. The GOF sends victims to NGOs for assistance with temporary shelter and access to legal, medical, and psychological services. General medical attention, including emergency care, is also provided through the national health care system. In addition to such assistance, victims are also given a stipend by the GOF through NGOs, with the amounts varying per NGO. CCEM contacts reported that they provide victims with a stipend of 100 euros ($137) a month. According to the OCRTEH, the government does not release complete figures on how much it contributes to anti-TIP NGOs every year. However, contacts at the CCEM reveal that they received 46,000 euros ($63,020) in 2009, representing roughly 20 percent of their annual budget. PARIS 00000198 002.6 OF 006 Does the government assist foreign trafficking victims, for example, by providing temporary to permanent residency status, or other relief from deportation? If so, please explain. -- D. As French nationals are rarely victims of trafficking, the majority of the assistance is provided to foreign trafficking victims. Under article R316-1 of the code of entry and stay of foreigners and asylum seekers (CESEDA), victims of trafficking or pimping may receive a temporary residence permit labeled "private and family life" for a minimum of six months by the local prefect if they file a complaint against the perpetrators of the crime or testify in criminal proceedings against a person prosecuted for a similar offense. The OCRTEH stated that the temporary residence permits were typically valid for one year and are renewable every six month, for the duration of the criminal procedure provided that the conditions for its issuance continue to be met. In the event of a final conviction of defendants for trafficking-related offenses, a permanent resident card may be issued to foreign national victims. The French government does not report the number of residence cards given each year. As in previous years, Fondation Scelles continued to express frustration with the fees required for the residency permit and renewal of the permit. The residency permit granted to victims that is valid for one year costs 300 euros ($411) and 55 euros ($79) to renew it every six months. Does the government provide longer-term shelter or housing benefits to victims or other resources to aid the victims in rebuilding their lives? -- E. The government does not provide longer-term shelter or housing benefits to victims. Does the government have a referral process to transfer victims detained, arrested or placed in protective custody by law enforcement authorities to institutions that provide short or long-term care (either government or NGO-run)? -- F. The government has an NGO-run referral program to transfer victims detained, arrested, or placed in protective custody by law enforcement authorities to institutions that provide short-term care. The GOF also provides witness protection services for victims of trafficking who work with police to prosecute traffickers. Case-specific protection in France must be authorized by a judge and can take the form of complete 24-hour-a-day protection for victims who will testify or a mixed protection program in which police work with NGOs to assure the protection of victims. In order to qualify for the more robust protection program, victims must fulfill certain criteria that involve being the primary witness or essential to the outcome of a trial. What is the total number of trafficking victims identified during the reporting period? Of these, how many victims were referred to care facilities for assistance by law enforcement authorities during the reporting period? By social services officials? What is the number of victims assisted by government-funded assistance programs and those not funded by the government during the reporting period? -- G. The government identified 822 trafficking victims in ¶2008. There is no official number of victims assisted by government-funded assistance programs and those not funded by the government during the reporting period. Do the government's law enforcement, immigration, and social services personnel have a formal system of proactively identifying victims of trafficking among high-risk persons with whom they come in contact (e.g., foreign persons arrested for prostitution or immigration violations)? For countries with legalized prostitution, does the government have a mechanism for screening for trafficking victims among persons involved in the legal/regulated commercial sex trade? -- H. The pocket-sized cards distributed by the MiQstry of Economy, Industry, and Employment instruct border police and NGOs on how to correctly identify trafficking victims. Does the country have a mechanism for screening for trafficking victims among persons involved in the legal/regulated commercial sex trade? Are the rights of victims respected? Are trafficking victims detained or jailed? If so, for how long? Are victims fined? Are victims prosecuted for violations of other laws, such as those governing immigration or prostitution? -- I. Law enforcement contacts in the Ministry of Interior PARIS 00000198 003.6 OF 006 report that the anti-soliciting law, which was criminalized in the 2003 Internal Security Law (LSI) is used as a means to evaluate the situation of prostitutes and screen for potential victims of trafficking. There is evidence that victims may be inadvertently penalized for unlawful acts that were committed as a direct result of being trafficked. NGOs reported that women in prostitution are sometimes arrested and fined for solicitation without being screened to determine whether they are trafficking victims. Does the government encourage victims to assist in the investigation and prosecution of trafficking? How many victims assisted in the investigation and prosecution of traffickers during the reporting period? May victims file civil suits or seek legal action against traffickers? Does anyone impede victim access to such legal redress? If a victim is a material witness in a court case against a former employer, is the victim permitted to obtain other employment or to leave the country pending trial proceedings? Are there means by which a victim may obtain restitution? -- J. The GOF encourages victims to assist in the investigation and prosecution of traffickers and provides temporary residence permits to those victims who provide information essential to the investigation and prosecution of traffickers. The law also permits trafficking victims to remain in the country for the duration of the trial if they agree to testify against their perpetrators. Victims are allowed to stay long-term if they aid in the conviction of their perpetrator. The Ministry of Justice did not provide specific numbers on the number of victims who assisted in the investigation and prosecution of traffickers during the reporting period. Does the government provide any specialized training for government officials in identifying trafficking victims and in the provision of assistance to trafficked victims, including the special needs of trafficked children? Does the government provide training on protections and assistance to its embassies and consulates in foreign countries that are destination or transit countries? What is the number of trafficking victims assisted by the host country's embassies or consulates abroad during the reporting period? Please explain the type of assistance provided (travel documents, referrals to assistance, payment for transportation home). -- K. According to the Ministry of Foreign Affairs, the French government has officials in 100 embassies around the world who function as a liaison with the host government on trafficking issues. In addition, there are also French police officers embedded in French embassies in source countries who work on trafficking in persons issues. Although the GOF did not provide the number of trafficking victims assisted by French embassies abroad during the reporting period, an example of French cooperation with other governments in the investigation of a trafficking case would be the successful dismantling of a child prostitution network in Cambodia by French and Cambodian police. The joint sting operation against the pedophilia ring operating in Phnom Penh was carried out on January 21, 2010. The existence of the network, in place since 2003, was revealed by an anonymous source of the French NGO "Innocence in Danger," which identifies suspected pedophiles on the internet. For six months, Cambodian authorities investigated the case with the help of the French Embassy, leading to the arrest of two Cambodian citizens charged with child prostitution and an American suspected of indecent acts with three minors. The MFA spokesperson said that "France is thrilled by the success of the operation...and will pursue such actions in partnership with the local authorities of the countries affected in order to fight human trafficking." The victims have placed under the protection of NGOs in Cambodia. Does the government provide assistance, such as medical aid, shelter, or financial help, to its nationals who are repatriated as victims of trafficking? -- L. There were no reports of French nationals as trafficking victims during the reporting period. Which international organizations or NGOs, if any, work with trafficking victims? What type of services do they provide? What sort of cooperation do they receive from local authorities? -- M. NGOs and the GOF work very closely to combat trafficking and to provide assistance to victims. The inter-ministerial commission on anti-trafficking established PARIS 00000198 004.6 OF 006 in 2008 is comprised of the following NGOs: the Committee Against Modern Slavery (CCEM),Dispositif ACSE, L'Amicale du Nid, Fondation Scelles, Hors la Rue, Les Amis du Bus des Femmes, and Amnesty International, which all work with trafficking victims in some form. In addition, the commission involves the participation of the International Organization for Migration, the International Labor Organization (ILO),the Organization for Security and Cooperation in Europe (OSCE),the European Commission, and the Council of Europe. PREVENTION -------------- ¶6. (U) Responses are keyed to reporting questions specified in paragraph 29 of reftel. Did the government conduct anti-trafficking information or education campaigns during the reporting period? If so, briefly describe the campaign(s),including their objectives and effectiveness. Please provide the number of people reached by such awareness efforts, if available. Do these campaigns target potential trafficking victims and/or the demand for trafficking (e.g. "clients" of prostitutes or beneficiaries of forced labor)? -- A. The organization to End Child Prostitution, Child Pornography, and Trafficking of Children for Sexual Purposes (ECPAT) unveiled its new public campaign in March 2009. Courtesy of BETC Euro RSCG and Partizan, the new ECPAT campaign was launched in cooperation with Air France, a partner of ECPAT for the past 15 years. The campaign developed several shocking and poignant themes in regards to sex tourism, child pornography, and child prostitution. In both film and in print ads, the campaign against sexual tourism depicted the horrible reality of the sexual exploitation of children and the chain of violence they suffer as a result of the abuse. The ads which have been strategically placed throughout Paris, show a disturbing series of photographs of a young Asian girl and the different stages of abuse she suffered before forced into prostitution. In the hopes of shaming consumers of cyber child pornography, the film and print ad examples featured the often violent and painful ways in which children are forced to strip against their will and the immoral pleasure of adults viewing the content on-line. Prison sentences and the legal consequences of sex with a minor were stressed repeatedly through the use of visual ad campaigns and radio spots to highlight the problem of the prostitution of minors. All elements of the ECPAT campaign highlighted the strong French laws against the sexual exploitation of children. Program Coordinator for ECPAT Carole Bartoli stated that the campaigns seek to "hold consumers (of child sexual exploitation) accountable" and will keep them from "insulating themselves or minimizing the scope of their actions." Launched on April 6, 2009, the campaign was distributed widely on television, in movie theatres, in the major dailies, via radio, and on the internet. In June 2009, Air France aircraft and cars showcased the new campaign. ECPAT also distributed flyers and posters to all major tourism agencies in France. In addition, Air France continues to show anti-sex trade films on buses and shuttles between downtown Paris and major airports while also distributing anti-sex trade pamphlets on flights to sex-tourism destinations. Airports similarly feature anti-trafficking and anti-sex trade posters inside terminals. On October 9, 2009, Secretary of State for Sports Rama Yade announced the creation of the public-private French "sports fund for the international protection of children," committing two million euros ($2.74 million) to the cause. She noted that foreign players, particularly from Africa, are recruited as early as age 13 by European training centers and an overwhelming majority of them do not reach professional levels, leaving them penniless and without official papers. Yade proposed working with FIFA and the African countries in the lead up to the 2010 World Cup in South Africa to become more active in fighting the practice of child sports trafficking. She personally committed herself to bringing together all those actors who are willing to promote social development within communities and strengthen local organizations by providing essential infrastructure through outreach to clubs, leagues, federations, businesses, and fans. Does the government monitor immigration and emigration PARIS 00000198 005.6 OF 006 patterns for evidence of trafficking? -- B. The GOF does not have a designated border monitoring unit that focuses specifically on trafficking in persons. But border officials are trained to spot trends in trafficking in persons, as well as organized crime and narcotics. The OCRTEH also works with immigration officials to report increases in trafficking and to combat trafficking. Is there a mechanism for coordination and communication between various agencies, internal, international, and multilateral on trafficking-related matters, such as a multi-agency working group or a task force? -- C. The General Secretariat for European Affairs created the inter-ministerial working group to ensure GOF compliance with the Council of Europe Convention on Action against Trafficking in Human Beings. The convention states that "each Party shall take measures to establish or strengthen national coordination between the various bodies responsible for the prevention and the fight against trafficking in human beings." The parties must therefore adopt "measures necessary to ensure the coordination of policy and administration of public agencies in the fight against the trafficking of human beings as necessary by establishing coordinating bodies." To meet this requirement, the French multi-disciplinary working group, established in December 2008, drafted a decree establishing greater inter-ministerial coordination and the text was forwarded to the Prime Minister. As in previous years, the government also sponsored a nationwide conference at the Supreme Court on January 22, 2010, that brought together enfor cement officials, magistrates, and NGOs to discuss how better to improve communication and cooperation in protecting victims and preventing trafficking. Does the government have a national plan of action to address trafficking in persons? If the plan was developed during the reporting period, which agencies were involved in developing it? Were NGOs consulted in the process? What steps has the government taken to implement the action plan? -- D. The multi-disciplinary group, composed of experts from French government ministries and European NGOs, meet on a regular basis to define the structure of a national coordination and action plan to place the protection of trafficking victims at the center of the fight against organized crime. Government offices also meet with NGOS under the aegis of the Cooperation Committee Against Sexual Exploitation to develop new proposals and encourage best practices that Qld update a 2002 national action plan to fight trafficking. Ministry of Justice contacts stated that they plan to have a draft action plan ready for approval by the end of 2010. Required of all Posts: What measures has the government taken during the reporting period to reduce the demand for commercial sex acts? -- E: On November 25, 2009, Prime Minister Francois Fillon declared that combating violence against women would be the great national cause in 2010. Every year, the GOF selects one major issue to represent the "grande cause nationale" and grants NGOs a special budget to lead the awareness campaign. The group of 25 NGOs assigned to lead the campaign against violence against women includes Fondation Scelles and L'Amicable du Nid, which have already promoted the need to raise awareness about the violence perpetrated against women exploited in the commercial sex industry and modern slavery. Fondation Scelles also works with the university system in France to engage directly with French youth and sensitize 20,000 to 30,000 students to the issue of prostitution and the problem of human trafficking. Required of all Posts: What measures has the government taken during the reporting period to reduce the participation Q international child sex tourism by nationals of the country? -- F. The French government continues to fund programs through airlines and tourism operators describing the penalties for child sex tourism. Pamphlets given to tourists feature a picture of a child and the message, "she is not merchandise." The OCRTEH reported that the MFA researches and reports on indicators of child sex tourism abroad and uses this data to warn French tourists of child sex tourism sites and to monitor increases in sexual tourism. All Air France buses and shuttles between Paris and Roissy-Charles de Gaule and Orly airports show a video reminding tourists that their actions on foreign soil are subject to prosecution in PARIS 00000198 006.8 OF 006 France. Club Med sends tourists traveling with their company to source countries documents detailing the penalties for engaging in sex with a minor. All tourism students in France must do course work on sex tourism. To respond to the surge in prostitution on the internet, the center for the national child sexual abuse database (CNAIP), which is run by the National Gendarmerie in Rosny-sous-Bois, has granted gendarmes the right to pass themselves off as minors on web forums to track down internet pedophiles as of March 30, 2009. In cooperation with international counterparts, the cyber-patrol units are responsible for examining all illegal content collected during criminal investigations of child abuse to identify perpetrators and victims. Using a pseudonym or avatar, the on-line investigators will connect with chat rooms and forums to identify pedophiles and prevent potential offenses involving sexual proposals to minors. Required of posts in countries that have contributed over 100 troops to international peacekeeping efforts: What measures has the government adopted to ensure that its nationals who are deployed abroad as part of a peacekeeping or other similar mission do not engage in or facilitate severe forms of trafficking or exploit victims of such trafficking? -- G. French military personnel receive training on trafficking and sexual abuse during their basic training. There is also a three-week training course given to peacekeepers before their departure. During this course, instructors recount problems of sexual abuse and exploitation, and soldiers are given a card that reminds them of international human rights. France also supplies a legal advisor to deployed units who doubles as a human rights officer. In this position, the officer assures that troops respect international norms and human rights. The French NGO L'Amicale du Nid reported that it continues to work with the Ministry of Defense to organize more specific trafficking training. RIVKIN