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Cablegate: Libya: Interim Tip Assessment

VZCZCXRO2704
PP RUEHTRO
DE RUEHTRO #0895 3221233
ZNR UUUUU ZZH
P R 171233Z NOV 08
FM AMEMBASSY TRIPOLI
TO RUEHC/SECSTATE WASHDC PRIORITY 4144
INFO RUEHAS/AMEMBASSY ALGIERS 0809
RUEHRB/AMEMBASSY RABAT 0752
RUEHTRO/AMEMBASSY TRIPOLI 4666
RUEHEG/AMEMBASSY CAIRO 1293
RUEHTU/AMEMBASSY TUNIS 0660

UNCLAS TRIPOLI 000895

SIPDIS

DEPT FOR NEA/MAG, NEA/RA, AND G/TIP

E.O. 12958: N/A
TAGS: KTIP KCRM KWMN PHUM PGOV SMIG LY
SUBJECT: LIBYA: INTERIM TIP ASSESSMENT

REF: STATE 109257

1. (U) Libya has no legal or regulatory framework to separate victims of trafficking from the general migrant population and undocumented presence in Libya is generally considered a crime. In practice, however, the GOL has drawn on other elements of its existing criminal code to prosecute traffickers known to have withheld travel documents and pay from victims. Businesses have also also compelled to pay for the repatriation of the trafficked workers. Overall enforcement is hampered by the lack of criminal statutes specifically criminalizing trafficking and stipulating related penalties. During the year, there were reports that the government was circulating a draft of a new criminal code, which reportedly includes provisions specifically related to TIP, to GOL ministry-equivalents for review; however, no drafts have been publicly released and copies have not been provided to diplomatic missions. 2. (U) During the year, Libya continued the practice of supporting training and awareness-building programs for law enforcement officials and prosecutors. Duplicating their effort to provide in-kind support for training of law enforcement officials, the government has offered support for follow-on training of prosecutors and legal professionals. International organizations report that individual officials are receptive and eager for new information and training, but that Libya lacks an institutional or cultural awareness of trafficking. International organizations continue to have access to vulnerable migrant populations -- GOL officials allow them informal access to victims of trafficking held in detention on a case-by-case basis -- and are able to provide some protective services to victims of trafficking, although representatives of those organizations note that victim identification is not systematic. Continued training is necessary to ensure that both effective and systematic identification procedures are developed and that protective services can be offered. The government does not provide psychological or legal assistance to victims of trafficking, but does allow outside groups to provide targeted assistance for migrants - including victims of trafficking - held in detention. Individual Libyan officials have expressed interest in receiving more TIP-related training. The GOL offers in-kind contributions to such training programs, although most observers agree that it will take some time for the benefits of such training to generate broader institutional awareness of TIP issues. GODFREY

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