Cablegate: Eap: Instructions for 2009 Tip Interim Assessment

DE RUEHC #1958/01 3022306
P 292245Z OCT 09



E.O. 12958: N/A


1.(U) This is an action cable; action request in paras 5 and

2.(SBU) The Trafficking Victims Protection Act, as amended in
2003, requires the Secretary of State to submit a "Special
Watch List" of countries on the TIP Report that either 1) had
moved up a tier on the TIP Report over the last year or 2)
were ranked on Tier 2 but a) had not shown evidence of
increasing efforts to address severe forms of TIP from the
previous year, b) were placed on Tier 2 because of
commitments to carry out additional future actions over the
coming year, or c) had a significant or significantly
increasing number of victims of severe forms of TIP.

3.(SBU) The "Special Watch List" has been submitted to
Congress, as required, along with the President's
determinations for sanctions of Tier 3 countries. The TVPA,
as amended, now requires the Secretary to submit to Congress
an Interim Assessment on the Special Watch List countries no
later than February 1, 2010.

4.(SBU) The Interim Assessment, which the Department plans to
release on January 5, 2010, will serve as a narrowly-focused
progress report, assessing only a country's key deficiency(s)
highlighted in the June 2009 TIP Report. Measuring progress
or lack of progress in addressing these deficiencies (the
basis for which the country was placed on the Watch List
initially) is the main purpose of the Interim Assessment.
This will not/not serve as a large-scale analysis of
anti-trafficking efforts in the relevant country. Similarly,
it will not describe the trafficking problem in that country
(readers can refer to the 2009 TIP Report for that).
Finally, it will not mention Tiers or allude to progress in
achieving a higher tier or, conversely, forecast a fall to a
lower tier.

5.(U) Action Request for Action Addressees: Please answer
the questions addressed to your Post in para 6 in concise
analytical terms, citing examples of the progress (or lack
thereof) sparingly. Post's submission should not exceed four
or five paragraphs. The final Interim Assessment will
include a narrative of no more than half a page on each
country's progress. Please provide these responses to the
Department via front-channel cable -- slugged for EAP/RSP and
G/TIP -- no later than November 16.

6. (U) Interim Assessment Requirements:

A. FOR EMBASSY BEJING: Please summarize the progress, or
lack thereof, the Government of China has made in (a)
revising anti-trafficking laws and the National Plan of
Action to criminalize and address all forms of labor and sex
trafficking in a manner consistent with international
standards; (b) significantly improving efforts to investigate
and prosecute trafficking offenses and convicting and
punishing trafficking offenders, including public officials
complicit in trafficking; (c) increasing efforts to address
labor trafficking, including prosecuting and punishing
recruiters and employers who facilitate forced labor and debt
bondage, and providing protection services to victims of
forced labor; (d) continuing to increase cooperation with
foreign governments on cross-border trafficking cases; (e)
adopting proactive procedures to identify victims of
trafficking among vulnerable groups, such as migrant workers
and foreign women and children arrested for prostitution; (f)
increasing efforts to protect and rehabilitate both sex and
labor trafficking victims; (g) providing foreign victims with
legal alternatives to removal to countries in which they may
face hardship of retribution; (h) conducting a campaign to
reduce the demand for forced labor and commercial sex acts;
and (i) adhering to its obligations as party to the 1951
Refugee Convention and its 1967 Protocol, including by not
expelling North Koreans protected under those treaties and by
cooperating with UNHCR in the exercise of its functions.
Please report on any other significant developments.

B. FOR EMBASSY PHNOM PENH: Please summarize the progress, or
lack thereof, the Government of Cambodia has made in (a)
training law enforcement and other government officials to
place greater emphasis on enforcing the human trafficking
provisions in the February 2008 law; (b) significantly
improving the number of prosecutions, convictions and
punishments of trafficking offenders; (c) substantially

STATE 00111958 002 OF 002

improving efforts to prosecute, convict and criminally punish
public officials complicit in trafficking; (d) holding labor
recruiting agencies criminally responsible for labor
trafficking induced by fraudulent recruitment; (e) improving
interagency cooperation and collaboration, particularly
between government officials and law enforcement officers
working on trafficking; (f) increasing efforts to proactively
identify victims of trafficking among vulnerable groups such
as foreign women and children arrested for prostitution; (g)
instituting procedures to ensure that victims are not
arrested, incarcerated, or otherwise punished for acts
committed as a direct result of being trafficked; and (h)
conducting a public awareness campaign aimed at reducing
demand by the local population and Asian visitors for
commercial sex acts. Please report on any other significant

C. FOR EMBASSY KOLONIA: Please summarize the progress, or
lack thereof, the Government of the Federated States of
Micronesia has made in (a) developing and implementing a
comprehensive federal anti-human trafficking law; (b)
creating or supporting campaigns to educate and inform the
public about the dangers of trafficking; (c) monitoring the
practices of overseas employment recruiters and investigating
recruiters who may be involved in trafficking; and (d)
developing an internal structure which ensures victims'
access to protective services. Please report on any other
significant developments.

D. FOR EMBASSY MANILA: Please summarize the progress, or
lack thereof, the Government of the Philippines has made in
(a) significantly improving efforts to prosecute, convict,
and punish trafficking offenders, including officials
complicit in trafficking; (b) dedicating more resources to
efforts to prosecute trafficking cases; (c) assessing methods
to measure and address domestic labor trafficking; (d)
implementing anti-trafficking awareness campaigns directed at
domestic and foreign clients of the sex trade in the
Philippines; (e) dedicating increased funding for the
Inter-Agency Council Against Trafficking and improving
anti-trafficking coordination between government agencies;
(f) disseminating information on the 2003 law throughout the
country; and (g) training law enforcement officers and
prosecutors on the use of the 2003 law. Please report on any
other significant developments.

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