UNCLAS VALLETTA 000097

SENSITIVE
SIPDIS

DEPARTMENT FOR G/TIP
DEPARTMENT ALSO FOR G-LAURA PENA, INL, DRL, PRM,
EUR/PGI-JODY BUCKNEBURG, EUR/WE-STACIE ZERDECKI

E.O. 12958: N/A
TAGS: KTIP KCRM PHUM KWMN SMIG KFRD ASEC PREF ELAP
KMCA, MT
SUBJECT: MALTA: TENTH ANNUAL TRAFFICKING IN PERSONS (TIP)
REPORT

REF: STATE 2094


1. (SBU) Responses are keyed to numbered/lettered reporting
questions paragraphs of reftel:



25. (SBU) THE COUNTRY'S TIP SITUATION:

-- A. What is (are) the source(s) of available information on
human trafficking? What plans are in place (if any) to
undertake further documentation of human trafficking? How
reliable are these sources?

The key source of information in Malta of information
regarding trafficking in persons is the government,
specifically the Police which fall under the Ministry of
Justice and Home Affairs. There is an Assistant Commissioner
of Police within whose responsibility TIP falls. There are
no non-governmental organizations (NGOs) specifically
dedicated to the issue of human trafficking, likely because
of the low reported incidence of trafficking in Malta. The
NGO Jesuit Refugee Services (JRS), the Office of the
International Organization for Migration (IOM) and the Office
of the United Nations High Commissioner for Refugees (UNHCR)
follow the issue, however, and make recommendations to
government on ways to address the matter in Malta. There are
no current plans to undertake any additional documentation of
TIP. Post believes that these are reliable sources of
information regarding trafficking cases.

-- B. Is the country a country of origin, transit, and/or
destination for men, women, or children subjected to
conditions of commercial sexual exploitation, forced or
bonded labor, or other slave-like conditions? Are citizens
or residents of the country subjected to such trafficking
conditions within the country? If so, does this internal
trafficking occur in territory outside of the government's
control (e.g. in a civil war situation)? From where are
people recruited or from where do they migrate prior to being
subjected to these exploitative conditions? To what other

countries are people trafficked and for what purposes?
Provide, where possible, numbers or estimates for each group
of trafficking victims. Have there been any changes in the
TIP situation since the last TIP Report (e.g. changes in
destinations)?

During this reporting period, there has been no evidence of a
significant trafficking problem in Malta. Malta has been a
destination country for small numbers (almost certainly fewer
than ten annually) of trafficked women in the past. According
to the Police, there were no TIP cases reported or discovered
in 2009 (though see below for discussion of cases
investigated for possible trafficking, including a single
case involving prostitution of a minor). In 2008, there was
one trafficking case in which three individuals were arrested
- two for trafficking and one for living off the earnings of
prostitution. The case is currently being prosecuted in the
Maltese criminal court system.

In July 2009, a man was sentenced to one year's imprisonment
and fined Euro 450 (USD 616 approx) after being found guilty
of using a hotel to run a brothel in 2003. Three Ukrainian
women and one Bulgarian were found on the premises during the
police raid. The women admitted to prostitution, but
evidence indicated they were using and paying for the hotel's
services by their own arrangement as a part of their own
activities and were not victims of TIP. Based on information
from their investigations and those conducted by social
workers, police contacts assessed that it was highly unlikely
that any of women were subject to an element of coercion.

In September 2009, three Pakistanis working in Malta alleged
to a reporter for a local Maltese-language newspaper that
they were tortured, threatened and not paid wages. The Malta


Employment Training Corporation and Maltese Police
investigated the allegations. Post discussed the case at
length with the Assistant Police Commissioner responsible for
TIP, and, after review, accepts police conclusions that in
this instance the employee's statements were not credible and
appear motivated by their dissatisfaction with their employer
and desire to have him purchase return tickets to Pakistan
for them (which was not part of their original agreement with
the employer). The Pakistani honorary consul (a Maltese
national) also intervened in the case and brokered a
resolution in which the employer did, in fact, agree to pay
for the return of his employees to Pakistan. (Note: the
employer, himself a Pakistani, owns several restaurants in
Malta that are staffed largely by Pakistanis. The high rate
of turnover of employee

s, and the seeming ease with which he obtains work permits
for them, has raised concerns about possible facilitation of
illegal immigration into the EU. While allegations that he
may be involved in human smuggling into the EU are credible,
the facts in this case appear to be as stated above, and not
indicative of TIP as defined by the TVPA. Post continues to
follow this situation closely.

In November 2009, a Ukrainian women living in Malta was
murdered by her husband. Witnesses in the case included
female associates of the murdered woman from Ukraine and
Moldova who were in Malta without work permits and with
expired entry permits. Since women from these countries are
frequently TIP victims, post again asked Malta Police to
investigate the circumstances of their presence in Malta.
Police did make further inquiries and determined that while
the women were in the Malta without proper documentation, the
evidence indicated they were in the country voluntarily,
based on their association with the victim, and not as the
result of any coercion.

Also in November 2009, a seventeen-year old Maltese male
(whose name is not legally discoverable because of his minor
status) was arraigned on four charges related to the
prostitution of a 17-year-old Maltese female minor and was
remanded in custody. Under the TVPA, post notes that a child
who is being prostituted by a third party is presumed to be a
trafficking victim. Because both the perpetrator and victim
in this case are minors, and the facts of the case are not
discoverable due to the ages of the individuals involved,
post is unable to provide additional information regarding
the circumstances of the alleged offense (which has not yet
been adjudicated). Act XXXI of the Laws of Malta 2007
stipulates a 3-9 year sentence for rape or prostitution of a
minor, which can be increased if there are aggravating
circumstances. This exceeds on the lower end the 2-9 year
punishment which is provided for trafficking in the Maltese
criminal code, Articles 248A to E.

Other than the case involving a minor, above, there is no
credible indication that citizens or residents of Malta were
subject to trafficking in 2009. However, it is also accurate
to say that there has been no substantial change in the
incidence of TIP overall since the last TIP report. In
assessing TIP in Malta, and Maltese efforts to investigate
and prosecute TIP crimes, it is important to recognize the
scale of criminal activity generally in Malta. Malta is an
island that is less than 20 miles long, whose 404,000 people
live in some 40 distinct cities, towns and villages that are
for the most part surrounded by agricultural lands. The
largest city has a population of 18,000. In 2006, there were
no murders in the entire country. In 2007, there were a total
of two murders, three in 2008, and four in 2009.

-- C. To what kind of conditions are the trafficking victims
subjected?

When trafficking has been detected in the past, victims have

typically been held against their will by devices such as
threats of physical violence, seizure of passports, and
prevention of communications with friends, family or
authorities. Victims have been forced to work as
prostitutes. The one individual (a Swedish national) found
to have been trafficked to Malta in 2008 was held in a
brothel and forced into prostitution by two Maltese men.

-- D. Vulnerability to TIP: Are certain groups of persons
more at risk of human trafficking (e.g. women and children,
boys versus girls, certain ethnic groups, refugees, IDPs,
etc.)? If so, please specify the type of exploitation for
which these groups are most at risk (e.g., girls are more at
risk of domestic servitude than boys).

The only TIP cases recorded by Malta have involved adult
women; there have been no credible reports of children or men
trafficked to Malta for purposes of sexual exploitation, nor
of men trafficked for forced labor (though see B, above,
regarding the possible prostitution of a minor by another
minor).

-- E. Traffickers and Their Methods: Who are the
traffickers/exploiters? Are they independent business
people? Small or family-based crime groups? Large
international organized crime syndicates? What methods are
used to gain direct access to victims? For example, are the
traffickers recruiting victims through lucrative job offers?
Are victims sold by their families, or approached by friends
of friends? Are victims "self-presenting" (approaching the
exploiter without the involvement of a recruiter or
transporter)? If recruitment or transportation is involved,
what methods are used to recruit or transport victims (e.g.,
are false documents being used)? Are employment, travel, and
tourism agencies or marriage brokers involved with or
fronting for traffickers or crime groups to traffic
individuals?

See responses to B through D, above.


26. (U) SETTING THE SCENE FOR THE GOVERNMENT'S ANTI-TIP
EFFORTS:

-- A. Does the government acknowledge that human trafficking
is a problem in the country? If not, why not?

Malta acknowledges that Trafficking in Persons is a problem
and an issue that must be addressed, and the government's
commitment to addressing the problem is strong.
Notwithstanding the limited scope of trafficking in Malta,
the GOM does devote resources to address the matter and to
train staff on screening and identification of victims.

-- B. Which government agencies are involved in efforts to
combat sex and labor trafficking - including forced labor -
and, which agency, if any, has the lead in these efforts?

Malta's Ministry of Justice and Home Affairs (MJHA) takes the
lead on trafficking matters, and the Police, who are
typically first responders, fall under MJHA. Malta's
national vice squad is headed by two specifically-dedicated
police inspectors, both of whom are known to the Embassy as
competent and motivated individuals who are aware of the
dangers and indicators of TIP and who have shown a
willingness to investigate and prosecute TIP-related offenses
in the past. The inspectors, with the assistance of four
dedicated constables, conduct raids on suspected brothels and
arrest those living off the proceeds of prostitution
(traffickers/pimps/madams) as well as women suspected of
soliciting or prostituting themselves. When indices of TIP
are discovered through police or social services
investigations, those leads are followed up.

-- C. What are the limitations on the government's ability to


address these problems in practice? For example, is funding
for police or other institutions inadequate? Is overall
corruption a problem? Does the government lack the resources
to aid victims?

The primary limitation has been the slowness of Malta's
courts. It is also not unusual for it to take 3-5 years for
any criminal case (or civil case) to work its way through the
Maltese justice system. Sentences are often light (or
suspended in the case of first-time offenders) by U.S.
standards, reflecting the general EU/European philosophy of
favoring rehabilitation over incarceration. However, the
sentences are similar to those awarded, e.g., for
manslaughter to a defendant having no prior convictions.
There has so far been no resolution to a 2008 case in which
three Maltese men were arrested on charges related to
trafficking of a Swedish woman. In a 2004 case that finally
came to trial in 2008, a Maltese woman was convicted of
trafficking Russian women to Malta and forcing them into
prostitution; she was given a sentence of two years
imprisonment suspended for four years (if the perpetrator
commits another crime within the four year suspension period,
she will be obligated to serve the two year sentence

). Malta recognizes this as a problem and in February 2010
sent a senior court justice to a U.S.-funded International
Visitor Program on judicial administration. This justice,
prior to embarking for the U.S., met with the U.S. Ambassador
and other members of the embassy team, Malta's Attorney
General and Malta's Chief Justice to prepare for a detailed
assessment of the sources of the delay in the Maltese legal
system. Upon arrive in the U.S., this member of the Maltese
judiciary will meet with Chief Justice of the U.S. Supreme
Court John Roberts and the Director of the Administrative
Office of the U.S. Courts. The purpose of these meetings,
and others in New York and at the National Judicial College
in Nevada, is to identify mechanisms for reducing the length
of time cases are on the docket in Malta. Upon his return,
he will work within the Ministry of Justice and Home Affairs
and through the Attorney General's office to implement these
mechanisms.

-- D. To what extent does the government systematically
monitor its anti-trafficking efforts (on all fronts --
prosecution, victim protection, and prevention) and
periodically make available, publicly or privately and
directly or through regional/international organizations, its
assessments of these anti-trafficking efforts?

The government monitors its anti-trafficking efforts
regarding prosecution, victim protection and prevention
systematically through the collection of statistics on TIP
cases. The information is made available to international
organizations or other governments upon request.

-- E. What measures has the government taken to establish the
identity of local populations, including birth registration,
citizenship, and nationality?

Maltese citizens have a national identity card, as is
required of citizens in all EU countries. There are no other
substantial populations in Malta other than irregular
migrants, who are carefully screened and examined at length
to establish their identities (since they ordinarily have
discarded all personal identification documents prior to
arriving in Malta, in order to avoid repatriation), and
tourists, who are required to provide appropriate
identification establishing their date of birth, citizenship
and nationality to customs and border control personnel at
their port of entry. The government makes use of biometric
data, where possible, to assist in all identifications.

--F. To what extent is the government capable of gathering
the data required for an in-depth assessment of law

enforcement efforts? Where are the gaps? Are there any ways
to work around these gaps?

The government is fully capable of gathering data on TIP
needed for an in-depth assessment of its law enforcement
efforts. Given the limited number of TIP cases documented to
have occurred in Malta, there are no substantial gaps in data
gathering.


27. (U) INVESTIGATION AND PROSECUTION OF TRAFFICKERS:

For questions A-D, posts should highlight in particular
whether or not the country has enacted any new legislation
since the last TIP report.

-- A. Existing Laws against TIP: Does the country have a law
or laws specifically prohibiting trafficking in persons --
both sexual exploitation and labor? If so, please
specifically cite the name of the law(s) and its date of
enactment and provide the exact language (actual copies
preferable) of the TIP provisions. Please provide a full
inventory of trafficking laws, including non-criminal
statutes that allow for civil penalties against alleged
trafficking crimes (e.g., civil forfeiture laws and laws
against illegal debt). Does the law(s) cover both internal
and transnational forms of trafficking? If not, under what
other laws can traffickers be prosecuted? For example, are
there laws against slavery or the exploitation of
prostitution by means of force, fraud, or coercion? Are
these other laws being used in trafficking cases?

-- B. Punishment of Sex Trafficking Offenses: What are the
prescribed and imposed penalties for the trafficking of
persons for commercial sexual exploitation, including for the
forced prostitution of adults and the prostitution of
children?

-- C. Punishment of Labor Trafficking Offenses: What are the
prescribed and imposed penalties for labor trafficking
offenses, including all forms of forced labor? If your
country is a source country for labor migrants, do the
government's laws provide for criminal punishment -- i.e.
jail time -- for labor recruiters who engage in recruitment
of workers using knowingly fraudulent or deceptive offers
with the purpose of subjecting workers to compelled service
in the destination country? If your country is a destination
for labor migrants (legal/regular or illegal/irregular), are
there laws punishing employers or labor agents who confiscate
workers' passports or travel documents for the purpose of
labor trafficking, switch contracts without the worker's
consent as a means to keep the worker in a state of compelled
service, or withhold payment of salaries as means of keeping
the worker in a state of compelled service?

-- D. What are the prescribed penalties for rape or forcible
sexual assault? (NOTE: This is necessary to evaluate a
foreign government's compliance with TVPA Minimum Standard 2,
which reads: "For the knowing commission of any act of sex
trafficking... the government of the country should prescribe
punishment commensurate with that for grave crimes, such as
forcible sexual assault (rape)." END NOTE)

A through D. Principal laws related to TIP, including both
sexual and labor exploitation, are:

a) Subsidiary Legislation 217.07 - Permission to reside
for victims of trafficking or illegal immigration who
cooperate with the Maltese authorities. Legal Notice 175
(2007) (http://www.doi.gov.mt/EN/ legalnotices/
2007/07/LN%20175.pdf)
b) Criminal Code (1854, amended as indicated below)
http://docs.justice.gov.mt/lom/ legislation/english/leg/
vol 1/chapt.pdf), Art. 54C(c, e, g, k) - Crimes against
humanity (Added by Acts XXIV.2002.13); Art. 248A-E - Of

Trafficking of Persons (Added by Acts III.2002.50).
c) White Slave Traffic (Suppression) Ordinance, Chapter

63. (Updated 2006, to specifically address TIP issues).
(http://docs.justice.gov.mt/lom/ legislation/english/
leg/vol 3/chapt63.pdf)

The Maltese criminal code, Articles 248A to E, specifically
criminalize the trafficking of a person of majority age for
the purpose of exploitation and calls for a punishment of two
to nine years. If any of the offenses are accompanied by
grievous bodily harm, generate over 10,000 Euros in income
(about $15,000), or are organized with a criminal network,
the punishment increases (See, Art. 248e(2); a single degree
of increase in punishment will raise the maximum penalty from
9 years to 12. See Art. 31 ("Ascent and Descent from One
Punishment to Another")). Traffickers can be charged for the
offenses if the action takes place in Malta, or if the
trafficker is a Maltese national or legal permanent resident
living in or outside of Malta.

Act XXXI of 2007 stipulates a 3-9 year sentence for rape or
prostitution of a minor, which may be increased if there are
aggravating circumstances. The language is general but would
be applicable to trafficking cases, since the absence of
capacity of a minor to consent to prostitution renders such a
crime a trafficking offense under the provisions of the TVPA.

The laws and penalties noted above apply equally to incidents
of labor exploitation and forced or bonded labor. Malta's
labor markets are closely regulated by a government agency,
the Employment and Training Corporation (ETC). This
government entity investigates, penalizes administratively
and prosecutes criminally violations of Malta's labor laws.
In addition to being subject to criminal penalties, employers
found in violation of labor laws may be barred from
participation in public tenders, a significant penalty for
companies given the level of public spending for such
projects in Malta. The ETC has conducted informational
sessions within the closed detention centers to ensure that
irregular migrants are aware of their rights and the process
by which to attain work permits and proper employment.

Loitering or soliciting in public for the purposes of
prostitution, or for other immoral purposes, is illegal.
Making financial gain from the services of a prostitute, for
example as a brothel owner or pimp, is illegal. Paying for
the services of a prostitute is not illegal. Malta has other
laws against sexual exploitation and these are employed in
cases of vice crimes. When Malta entered the European Union
in 2004, EU authorities reviewed Malta's laws and deemed it
unnecessary for Malta to make any changes to its laws to
conform to the European Union Council framework decision on
combating trafficking.

-- E. Law Enforcement Statistics: Did the government take
legal action against human trafficking offenders during the
reporting period? If so, provide numbers of investigations,
prosecutions, convictions, and sentences imposed, including
details on plea bargains and fines, if relevant and
available. Please note the number of convicted trafficking
offenders who received suspended sentences and the number who
received only a fine as punishment. Please indicate which
laws were used to investigate, prosecute, convict, and
sentence traffickers. Also, if possible, please disaggregate
numbers of cases by type of TIP (labor vs. commercial sexual
exploitation) and victims (children under 18 years of age vs.
adults). What were the actual punishments imposed on
convicted trafficking offenders? Are they serving the time
sentenced? If not, why not?

There were no trafficking offenses documented and no cases
opened during the reporting period. As noted above, the 2008
case the arrest of three individuals - two for trafficking
and one for living off the earnings of prostitution - is

currently being prosecuted in the Maltese criminal court
system. There have been no reported cases of labor
exploitation to date; all TIP cases in Malta thus far have
involved sexual exploitation. In addition, note one case
above pending adjudication involving a minor who is accused
of having prostituted another minor.

-- F. Does the government provide any specialized training
for law enforcement and immigration officials on identifying
and treating victims of trafficking? Or training on
investigating and prosecuting human trafficking crimes?
Specify whether NGOs, international organizations, and/or the
USG provide specialized training for host government
officials.

Since March 2008, the Police and Appogg (the Social Welfare
Services Agency, which falls under the Ministry for Social
Policy) have worked under a Memorandum of Understanding that
formalized an internal referral process whereby all
prostitutes arrested were screened by a social worker to
identify potential victims of trafficking.

--G. Does the government cooperate with other governments in
the investigation and prosecution of trafficking cases? If
possible, provide the number of cooperative international
investigations on trafficking during the repoting period.

The Government of Malta has indicaed it will cooperate with
other governments in ivestigation and prosecution of
trafficking caseswhen appropriate and/or when requested. In
the ast the GOM has cooperated with Interpol and Russia
authorities to arrest individuals in Moscow in onnection
with information developed in local inestigations. Post is
unaware of any cooperativeinternational investigations
during the reportin period.

-- H. Does the government extradite perons who are charged
with trafficking in other contries? If so, please provide
the number of trafickers extradited during the reporting
period, nd the number of trafficking extraditions pending.
In particular, please report on anypending or concluded
extraditions of trafficking offenders to the United States.

During the reporting period, there have been no requests for
extradition of persons charged with trafficking in other
countries, including the U.S. For U.S. cases, extradition
would be in accordance with the provisions of the U.S.-Malta
Extradition Treaty, which entered into force in July 2009.
In the past, there have been individuals extradited for
charges related to human trafficking.

-- I. Is there evidence of government involvement in or
tolerance of trafficking, on a local or institutional level?
If so, please explain in detail.

There is no evidence of government involvement in or
tolerance of trafficking.

-- J. If government officials are involved in human
trafficking, what steps has the government taken to end such
complicity? Please indicate the number of government
officials investigated and prosecuted for involvement in
trafficking or trafficking-related criminal activities during
the reporting period. Have any been convicted? What
sentence(s) was imposed? Please specify if officials received
suspended sentences, or were given a fine, fired, or
reassigned to another position within the government as
punishment. Please indicate the number of convicted officials
that received suspended sentences or received only a fine as
punishment.

Not applicable to Malta. However, official corruption
generally is treated seriously in Malta and is investigated
and prosecuted. The former Chief Justice of Malta was


convicted in a non-TIP-related corruption case in November
2009, and was sentenced to two years, nine months
imprisonment, unsuspended. He has been released pending
resolution of his appeal of the sentence.

-- K. For countries that contribute troops to international
peacekeeping efforts, please indicate whether the government
vigorously investigated, prosecuted, convicted and sentenced
nationals of the country deployed abroad as part of a
peacekeeping or other similar mission who engaged in or
facilitated severe forms of trafficking or who exploited
victims of such trafficking.

Less than five Maltese military officials and policemen are
currently participating in EU peacekeeping missions abroad.
There are no allegations that they engaged in or facilitated
trafficking or exploited victims of trafficking.

-- L. If the country has an identified problem of child sex
tourists coming to the country, what are the countries of
origin for sex tourists? How many foreign pedophiles did the
government prosecute or deport/extradite to their country of
origin? If your host country's nationals are perpetrators of
child sex tourism, do the country's child sexual abuse laws
have extraterritorial coverage (similar to the U.S. PROTECT
Act) to allow the prosecution of suspected sex tourists for
crimes committed abroad? If so, how many of the country's
nationals were prosecuted and/or convicted during the
reporting period under the extraterritorial provision(s) for
traveling to other countries to engage in child sex tourism?

There is no known problem of child sex tourists, nor are
Malta's nationals reputed to be perpetrators of child sex
tourism.


28. (U) PROTECTION AND ASSISTANCE TO VICTIMS:

-- A. What kind of protection is the government able under
existing law to provide for victims and witnesses? Does it
provide these protections in practice?

-- B. 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.

A-B. The Government of Malta assists foreign trafficking
victims by offering temporary shelter in GOM-funded homes
used primarily for victims of domestic violence. GOM has
informed post that thus far, all trafficking victims
discovered in Malta have requested repatriation to their home
country; the victims number less than 20 in the last decade,
including seven victims identified in 2007 and one Swedish
woman identified in 2008. MJHA and Appogg confirmed that no
individuals had expressed a desire to remain in Malta, but
assured post that a victim would be permitted to do so if she
requested, and that the victim's safety would be guaranteed.
As noted in paragraph 27, above, Malta's Subsidiary
Legislation 217.07 authorizes permission to reside in Malta
for victims of trafficking or illegal immigration who
cooperate with the Maltese authorities.

-- C. 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.

Yes. The GOM funds APPOGG, the Social Welfare Services
Provider, which includes the Child Protection Service,
Domestic Violence Unit and the Community Development Unit.
This is a government agency which provides psychological
assistance to trafficking victims. Appogg has services
available for victims of trafficking and works with victims
through police referrals. The social workers state that the
relationship they have developed with the police facilitates
the ease of such referrals and ensures that the appropriate
services are provided in such situations. GOM law enforcement
personnel and social service providers have told the Embassy
that there is a system in place both to identify potential
victims of trafficking and to provide them with services.

-- D. 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.

As noted above, no individuals have expressed a desire to
remain in Malta or required any deportation relief, but
Maltese subsidiary legislation contemplates and authorizes
such assistance, and GOM officials have assured post that a
victim would be permitted to remain in Malta if he or she
requested, and that the victim's safety would be guaranteed.

-- E. Does the government provide longer-term shelter or
housing benefits to victims or other resources to aid the
victims in rebuilding their lives?

Not applicable. No such cases exist.

-- F. 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)?

Yes, although it has not been necessary to house trafficking
victims for extended periods of time. This care would be
provided through Appogg.

-- G. What is the total number of trafficking victims
identified during the reporting period? (If available,
please specify the type of exploitation of these victims -
e.g. "The government identified X number of trafficking
victims during the reporting period, Y or which were victims
of trafficking for sexual exploitation and Z of which were
victims of nonconsensual labor exploitation.) 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?

There were no identified victims during the reporting period.
In the one case from last year's 2008 TIP report, involving a
victim of trafficking for sexual exploitation, Appogg offered
counseling services, and assisted in the repatriation of the
individual to her country of origin, per her request. The
victim was allowed to provide testimony against her
traffickers through video conferencing. The GOM encourages
victims to assist in the investigation and prosecution of
trafficking crimes. There are no victims post is aware of


who have not received services, care or counseling requested.

-- H. 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?

Yes, the Police have formalized a system - an MOU signed with
the social service agency Appogg - under which all
prostitutes are screened by a social worker from Appogg to
identify possible victims of trafficking. In addition,
police and ETC routinely investigate labor complaints, and as
part of their review seek to determine whether labor
trafficking may be involved.

-- I. 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?

Yes, the rights of the victims are respected. Trafficking
victims have not been jailed or punished in any case post is
aware of. Victims have not been prosecuted for violation of
other laws. (NOTE: as indicated above, no trafficking cases
have been identified during the reporting period, so this
information is based on historical data)

-- J. 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?

Yes, the GOM encourages victims to assist in the
investigation and prosecution of trafficking crimes.
Although no victims were reported in 2009, the GOM
facilitated this process by allowing the one identified
victim in 2008 to provide testimony via video conference. In
labor trafficking cases (which have not been noted to date),
victims would be permitted to obtain other employment and,
contingent upon their migration/asylum status under the EU's
Dublin agreement, would be permitted to leave the country
pending trial proceedings if normally and otherwise qualified
to do so.

-- K. 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).

The Government of Malta has coordinated with the
International Organization for Migration (IOM) on a
'train-the-trainers' program. A vice squad inspector
developed a curriculum and trained other police officers in
methods of identifying victims of trafficking and offering
them assistance. There were three internal training sessions
conducted in January 2009 for 60 officers from the

immigration police, vice squad, general crimes, and key
districts. In February 2009, IOM cooperated with Appogg to
conduct an internal training session for social workers from
the various units including those who operate hotlines which
potential victims could use, and social workers from AWAS who
work with the refugee population.

GOM authorities responsible for issuing visas, for border
security and for renewing visas in-country indicate that
their personnel are routinely trained in detecting victims of
trafficking and use active screening techniques to prevent
these activities. GOM officials and personnel have
participated in a wide variety of training, information
sharing and other activities through contacts with similar
authorities throughout the EU. Malta maintains few embassies
around the world, and those embassies run on a very limited
staff, for instance Malta's Embassy to the United States has
one mid-level diplomat in addition to the ambassador. There
have been no cases reported in memory where Maltese Embassies
facilitated the return of Maltese national trafficking
victims to Malta, nor have there been any cases in memory of
Maltese nationals having been discovered to be trafficking
victims abroad.

-- L. Does the government provide assistance, such as medical
aid, shelter, or financial help, to its nationals who are
repatriated as victims of trafficking?

Not applicable. There are and have been no cases of Maltese
nationals repatriated as victims of trafficking.

-- M. 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?

There are no NGOs who work specifically or uniquely with
trafficking victims. Jesuit Refugee Services (JRS) works
with the migrant population and looks for possible
trafficking victims.



29. (U) PREVENTION:

-- A. 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)? (Note: This can be an
especially noteworthy effort where prostitution is legal.
End Note.)

GOM acknowledges that trafficking is a problem and is
committed to addressing it. During 2009, Appogg has continued
to distribute a brochure it produced to raise awareness about
trafficking, how to identify potential victims and where
victims could access assistance. These brochures have been
distributed at hospitals and other health clinics, local
councils, community centers, churches, and to businesses
within the nightlife area where it could reach both potential
victims and (in the case of the nightlife establishments)
clients of the sex trade. In January 2009, the Assistant
Commissioner of Police, Michael Cassar used an appearance on
the TV talk show Xarabank, which has the highest viewership
of any talk show in Malta, to discuss TIP, including a
detailed explanation on how to identify and assist victims
and the importance of avoiding situations which might
contribute to trafficking.

In late 2009, the Malta government agency Appogg and the
private business The Body Shop teamed up in an international

campaign to Stop Sex Trafficking of Children and Young People
whereby proceeds from products sold at The Body Shop were
used to support training and services for vulnerable children
and young adults and to assist Appogg in creating an
awareness campaign about human trafficking of children and
young people for sexual exploitation. This was primarily
aimed at potential trafficking victims, but also included an
element to increase awareness of the potential results of
demand for sexual services. There was no effort undertaken
to determine the effectiveness of the campaign, and it is
unclear exactly how much funding was made available as a
result of the campaign.

-- B. Does the government monitor immigration and emigration
patterns for evidence of trafficking?

Yes. An annual average of 1,500 to 1,800 irregular migrants
are rescued at sea en route from Africa to Italy by the Armed
Forces of Malta (AFM) and brought to Malta, where their
asylum claims are processed. In 2009, the number of migrants
brought to Malta was 1,475. The majority of these are
nationals of sub-Saharan African countries.

The GOM conducts interviews of these migrants at several
points during their processing: at the initial point of
contact when they are rescued at sea (or in rare cases on the
shore) by the AFM; by the Agency for Welfare of Asylum
Seekers (AWAS) -- a Maltese government agency reporting to
the Ministry of Justice and Home Affairs -- when they are
taken to detention or holding centers in Malta by the AFM
Detention Services; and again when they are interviewed
regarding their asylum claim by the Malta Refugee Commission.
Since late 2008, AWAS interviews have included questions
intended to screen for indications of trafficking, and to
date no evidence had been obtained that any these migrants
were being trafficked against their will to Malta. The
preponderance of evidence gathered by government agencies, as
well as by UNHCR and NGOs that work with the immigrants,
indicates that the immigrants leave Libya willingly, paying
human smugglers to transport them to Europe. Malta is nearly
always not the desired destinati

on, whose goal is to reach mainland Europe.

There has been no evidence or allegation that migrants are
being trafficked to Malta for the purposes of sexual or labor
exploitation. However, there have been concerns expressed
that migrants who are living in "open centers" (no longer
subject to detention, but unable to support themselves in
Malta's economy, therefore living in government provided
quarters) might be vulnerable to trafficking as they would
have no obvious means of supporting themselves. Both UNHCR
and IOM have in the past reported cases where asylum seekers
who work in the "grey" informal labor market have not been
paid for their work or were underpaid for the work performed.
UNHCR and IOM representatives have stated that there had not
been any indices of forced labor in these cases, and have
referred cases of non-payment or underpayment to the General
Workers Union (GWU), which has a unit specifically devoted to
following up on these claims. GWU has continued in 2009 to
successfully resolve many of these cases by approaching the
employers d

irectly and publicizing the circumstances, when additional
leverage is required. The Maltese government's Employment and
Training Corporation continues provide assistance to migrants
in understanding how to go about finding employment and
filing for work permits.

GOM authorities responsible for issuing visas, for border
security and for renewing visas in-country advise that their
personnel are trained in detecting victims of trafficking and
use active screening techniques to prevent these activities.
AWAS, the GOM agency responsible for the welfare of asylum

seekers, evaluates immigration patterns to identify potential
victims of trafficking, and has begun asking questions in its
interviews aimed at establishing whether the individual might
be a victim of trafficking. GOM authorities responsible for
border security are trained in detecting victims of
trafficking and use active screening techniques to prevent
these activities. GOM personnel participate in a wide variety
of training, information sharing and other activities through
contacts with similar authorities throughout the European
Union.

-- C. 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?

GOM has an excellent working relationship with IOM, which
maintains a full-time office in Malta. GOM officials
participated in IOM-led training sessions in February 2009.
There are no formal mechanisms for communication between or
among international or multilateral agencies on
trafficking-specific matters due to the small number of
cases. The GOM does have mechanisms for communicating with,
e.g., Interpol and other international police agencies, and
is also represented in EU agencies such as Frontex, which
closely review migration issues.

-- D. 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?

The GOM does not have a formal national plan of action to
address TIP, but is receptive to the recommendations
contained in G/TIP's most recent Action Plan. The GOM has
implemented a public awareness campaign with the publication
and distribution of brochures, developed a formal referral
system to identify and provide assistance to victims and
conducted internal training sessions so that a broad range of
police officers are able to identify and assist victims of
trafficking.

-- E: Required of all Posts: What measures has the government
taken during the reporting period to reduce the demand for
commercial sex acts? (please see ref B, para. 9(3) for
examples)

In order to reduce demand for commercial sex acts, GOM has
distributed brochures in the nightlife area which call
attention to the issue of and harm caused by trafficking.
Also, in January 2009, Assistant Commissioner of Police
Michael Cassar addressed the issue of trafficking in his
appearance on a widely-viewed local talk show to discuss the
problem of trafficking.

-- F. Required of all Posts: What measures has the government
taken during the reporting period to reduce the participation
in international child sex tourism by nationals of the
country?

There have been no specific actions taken to reduce the
participation of Maltese nationals in child sex tourism, nor
has there been any indication that any Maltese nationals are
involved in child sex tourism. Maltese law provides for a
Commissioner for Children who has the power to investigate
any breaches or infringements on the rights of children. See
Malta's Commissioner for Children's Act
(http://docs.justice.gov.mt/ lom/Legislation/English/
Leg/VOL 14/Chapt462.PDF). Appogg also provides a Child
Protection Service, including Helpline.

-- G. Required of posts in countries that have contributed
over 100 troops to international peacekeeping efforts.


Not applicable to Malta


30. (U) PARTNERSHIPS

Secretary Clinton has identified a fourth "P", Partnerships,
recognizing that governments' partnerships with other
government and elements of civil society are key to effective
anti-TIP strategies. Although the 2010 Report will include
references and/or descriptions of these partnerships, they
will not be considered in the determining the tier rankings,
except in cases where a partnership contributes to the
government's efforts to implement the TVPA's minimum
standards.

-- A. Does the government engage with other governments,
civil society, and/or multilateral organizations to focus
attention and devote resources to addressing human
trafficking? If so, please provide details.

Not specifically, other than as noted above.

-- B. What sort of international assistance does the
government provide to other countries to address TIP?

There is no specific assistance provided, other than the
cooperative law enforcement support which the GOM provided in
the past to Russia and states it be willing to provide in an
appropriate case in the future.

NEW REQUIREMENTS FOR THE CHILD SOLDIERS PREVENTION ACT


31. - 33. Not applicable to Malta.

NOMINATION OF HEROES AND BEST PRACTICES

Post has no submissions.


2. (U) Embassy point of contact is
Political-Economic-Commercial Chief Thomas Yeager, Phone
356-2561-4167. In preparing the report FSO spent
approximately 30 hours and Pol Assistant spent approximately
40 hours.
KMIEC