VZCZCXYZ0009
PP RUEHWEB

DE RUEHTU #0287/01 0640841
ZNR UUUUU ZZH
P 050841Z MAR 07
FM AMEMBASSY TUNIS
TO RUEHC/SECSTATE WASHDC PRIORITY 2802
INFO RUCNMGH/MAGHREB COLLECTIVE PRIORITY

UNCLAS TUNIS 000287 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
STATE FOR NEA/MAG - HOPKINS, HARRIS, NEA/RA, G/TIP - PATEL, 
G, INL, DRL, AND PRM 
 
E.O. 12958: N/A 
TAGS: PHUM KCRM KWMN ELAB SMIG KFRD PREF TS
SUBJECT: 2007 TIP REPORT INPUT 
 
REF: STATE 202745 
 
¶1. (U) The information below is provided in response to 
reftel. Post POC for TIP related issues is Susannah Cooper, 
(Tel.) 216-71-107-306, (Fax) 216-71-107-090.  Number of hours 
spent by rank: 6 hrs FEMC, 50 hrs FS-02. 
 
--------------------------- 
TUNISIA: THE SOCIAL CONTEXT 
--------------------------- 
 
¶2. (SBU) Thanks to comprehensive government laws and policies 
focused on social justice and equality, Tunisia is well 
prepared to combat the international phenomenon of 
trafficking in persons.  The government is knowledgeable 
about the international trafficking problem and has 
undertaken significant legal and practical steps to prevent 
its emergence in Tunisia and to coordinate with those 
fighting the problem in neighboring countries.  Tunisia's 
small, homogeneous and educated population helps diminish the 
likelihood of trafficking and exploitation.  There is no 
evidence of forced labor in Tunisia, and the GOT actively 
manages and supervises the labor market, including the market 
for domestic employees. 
 
¶3. (SBU)  As a party to the UN Protocol to Prevent, Suppress 
and Punish Trafficking in Persons, the GOT has focused its 
efforts on combating transnational trafficking through 
improved border controls, security and supervision. 
Tunisia's favorable geographic location has historically 
proven attractive to illegal migrants, both Tunisians and 
foreigners, attempting to reach Europe.  However, the GOT 
works hard to combat illegal migration from its borders.  GOT 
statistics show, and foreign diplomatic missions and 
international organizations confirm, a reduction in illegal 
migration attempts in 2005-06.  While there is no evidence 
such migrants are trafficking victims, local and 
international public and private sector entities remain 
committed to providing assistance to Tunisians and 
non-Tunisians who may be intending economic migration. 
 
¶4. (SBU)  Begin TIP responses: 
 
¶27. OVERVIEW: 
 
¶A. Public and private domestic and international governments 
and NGOs all reported that there are no evidence of 
trafficking in persons in Tunisia.  While Tunisia's proximity 
to Europe has made it a traditional departure point for 
illegal migrants, illegal migration attempts by Tunisians and 
non-Tunisians are diminishing as the result of strong GOT 
improvements in border control, legal sanctions and 
cooperation with Tunisia's Mediterranean neighbors.  GOT 
statistics show that, in the 2005-2006 judicial year, 300 
people were arrested for attempting illegal migration by sea 
and 1,559 for attempted migration by land.  This is a 
significant decrease from the 2004-05 judicial year, in which 
672 people were arrested for attempting illegal migration by 
sea and 2,062 by land, and shows that government efforts to 
combat illegal migration are having a positive impact. 
 
The GOT is serious about enforcing legislation designed to 
combat illegal migration and trafficking.  GOT officials 
reported that police and security forces investigate all 
cases of illegal migration and found no evidence that 
intending migrants to Europe are trafficking victims. 
Rather, GOT investigations reveal that these persons are 
individually attempting to migrate to Europe for economic 
reasons.  Other contacts confirm that there is no evidence of 
coercion, fraud, or use of force to induce migration and no 
indication that these migrants are subject to involuntary 
servitude, peonage, or debt bondage in Tunisia.  All contacts 
reported individuals were seeking to migrate to Europe 
independently of any organized criminal migration or 
trafficking network. 
 
As is true in nearly all societies, a very small number of 
Tunisian children (10 in 2005-06) are victims of sexual 
exploitation.  (NOTE: Government statistics do not indicate 
how many were victims of commercial sexual exploitation. END 
NOTE.)  Children's rights in Tunisia are strongly protected 
and severe legal punishments are applied to those convicted 
of child abuse.  Contacts report that some children may 
choose to engage in prostitution or related commercial sexual 
activity, while others are exploited by family or friends. 
 
Embassy officers consulted a wide range of sources in 2006 
and 2007, including: 
 
 
 
-- Government officials at the Ministry of Foreign Affairs, 
Ministry of Interior, Ministry of Women's, Family, Children's 
and Elderly Affairs, and Ministry of Justice and Human Rights. 
 
-- Non-governmental organizations, including the General 
Union of Tunisian Workers (UGTT) and the Tunisian Association 
of Democratic Women (ATFD). 
 
-- International organizations, including the International 
Organization for Migration, UNICEF and Caritas International. 
 
-- Diplomatic missions in Tunisia. 
 
-- Local and international press coverage of illegal 
migration and trafficking in persons in the Mediterranean 
region. 
 
Post believes that information from these sources is 
reliable.  All of these contacts reported no cases of human 
trafficking to, through or from Tunisia. 
 
¶28. PREVENTION: 
 
¶B. The GOT is committed to combating all forms of human 
trafficking and preventing its emergence in Tunisia.  The 
following government agencies are involved in 
anti-trafficking efforts: the Ministry of Foreign Affairs, 
Ministry of Interior, Ministry of Justice and Human Rights, 
Ministry of Social Affairs, Solidarity and Tunisians Abroad, 
and Ministry of Employment. 
 
¶C. As there is no evidence of trafficking in persons in 
Tunisia, there have been no specific government 
anti-trafficking information or education campaigns. 
 
¶D. While not specifically anti-trafficking in nature, the GOT 
has a number of programs designed to protect the rights of 
women, children and non-Tunisians in the work place.   The 
Ministry of Social Affairs supervises and inspects work 
places around the country for compliance with Tunisian laws 
regarding minimum employment age, limitations on working 
hours and conditions for women and youth, non-discrimination 
of female employees, and legal requirements for foreign 
workers.  The GOT has organized public information campaigns 
about workers' rights to health and social security 
protection under Tunisian law.  These programs are designed 
to increase health and social security coverage among 
Tunisian workers, but also are applicable to legal foreign 
workers.  There are also outreach programs that aim to 
provide legal and gainful employment to at-risk individuals, 
such as impoverished Tunisians and single mothers.  The 
Ministry of Employment organizes, and the Ministry of Social 
Affairs actively supervises, the employment of nationals and 
foreigners in Tunisia to ensure their employment conforms to 
Tunisian labor laws. 
 
The GOT also conducts child protection awareness campaigns. 
The General Delegate for Children's Protection was created in 
2002, to supervise, coordinate, follow up and assess the 
activities of child protection delegates.  Each of the 
twenty-four Tunisian states has a child protection delegate 
who is responsible for investigating reports of child abuse 
or maltreatment.  Education is highly valued in Tunisia, and 
ninety percent of Tunisian children between the ages of 6 and 
16 are enrolled in school. 
 
The Tunisian and Italian governments have implemented a legal 
immigration program designed to reduce illegal immigration 
and improve the conditions of Tunisians working in Italy. 
The GOT hopes to implement similar programs with other 
European countries in the future.  There are also "social 
attaches" in countries with large Tunisian expatriate 
populations that inform Tunisian workers abroad of their 
rights in Tunisia and the country of residence in order to 
prevent their exploitation overseas.  The GOT also has a 
number of development programs (e.g. the 21/21 and 26/26 
Funds) designed to promote domestic employment opportunities 
in rural and underdeveloped areas in order to reduce the 
likelihood that Tunisians will seek to illegally immigrate 
for employment. 
 
¶E. Many NGOs and international organizations assisting 
Tunisians and foreigners report good cooperation with the 
government.  The GOT takes great pride in its social 
programs, especially those for women, children and the 
handicapped, and works closely with Tunisian civil society to 
promote these efforts across Tunisia.  There are also several 
private charities and government-sponsored NGOs that offer 
assistance to illegal immigrants entering the country every 
 
 
year.  Thee organizations report that the GOT and the 
Tuniian populace are hospitable to illegal foreign migants 
who do not otherwise violate Tunisian law. There are no 
reports of abuse, exploitation, and/r neglect from official 
or private entities. 
 
. According to the GOT and private organizations, here is 
no evidence that illegal migrants -- Tunsian or non-Tunisian 
-- are the victims of traffcking.  Investigations into 
illegal migration cass found no evidence that illegal 
migrants are vitims of trafficking.  These GOT 
investigations fund that the main reasons for attempting 
illegalmigration were employment opportunities, family 
eunification, tourism and circumvention of visa polcies. 
The government also notes that there is noevidence of any 
criminal enterprises, Mafia or gng involvement in these 
illegal migration attemps.  Local NGOs, which have 
interviewed the non-Tnisian illegal migrants they assist in 
Tunisia, rport none have stated they are victims of 
traffiking.  Most have individually sought illegal migraion 
and have self-financed their activities throgh work.  Those 
that reach Tunisia with insufficent funds have worked, 
legally and illegally, in unisia, but NGOs report there is 
no evidence of orced or bonded labor or eploitation. 
Salaries for the jobs they can obtain (waiters, housekeepers, 
etc.) are low for Tunisians and non-Tunisians, and there is 
no evidence of discrimination or exploitation of foreign 
workers.  NGOs have no reports of organized traffickers - 
individuals or groups - in Tunisia. 
 
¶G.  Domestically, the GOT uses an interagency approach to 
address issues of trafficking and illegal migration. 
Regional cooperation to combat illegal migration in the 
Mediterranean region continues to expand.  In November 2006, 
Tunisia participated in an Africa-EU Summit on Migration and 
Development in Tripoli, as well as related multilateral 
conferences and meetings throughout 2006. 
 
¶H. As there is no evidence of trafficking in persons in 
Tunisia, there is no national plan of action to address 
trafficking in persons. 
 
¶29. INVESTIGATION AND PROSECUTION: There is no new 
legislation in 2006 related to trafficking in persons. 
 
¶A.  The Tunisian passport law (#6/2004) was amended in 2004 
to include punishments for anyone who "guides, arranges, 
facilitates, assists, acts as an intermediary, or organizes 
the surreptitious entry or exit, even without remuneration, 
of an individual to or from Tunisia by land, sea or air." 
Violators face imprisonment for up to twenty years and a fine 
of 100,000 Tunisian dinars (approximately US$ 76,000) if the 
crime results in death.  Traffickers could also be prosecuted 
under laws prohibiting slavery, bonded labor, and the misuse 
of boats.  Slavery was banned in Tunisia in 1846, and in 1966 
Tunisia ratified the 1926 League of Nations Slavery 
Convention and related UN protocols.  Economic, sexual or 
criminal exploitation, as well as forced labor, prostitution, 
participation in armed conflict, displacement and any other 
form of servitude is illegal.  The penal code sentences 
government employees to life imprisonment for document 
forgery.  In order to combat illegal migration by sea, marine 
laws were amended in 2004 (#3 and #4/2004) to require all 
boats with motors larger than five horsepower to inform the 
National Guard of its route and passengers before leaving 
port, or face a fine of 1,000 Tunisian dinars (approximately 
US$ 760).  Also see para 29 O, as international agreements 
have the effect of codified law once ratified. 
 
There were no investigations, prosecutions, convictions or 
sentences for offenses that were explicitly defined as 
trafficking in 2005 or 2006.  However, GOT statistics show 
that, in the 2005-2006 judicial year, 300 people were 
arrested for attempting illegal migration by sea and 1,559 
for attempted migration by land.  These statistics reveal a 
significant decrease from the 2004-05 judicial year, in which 
672 people were arrested for attempting illegal migration by 
sea and 2,062 by land.  Yet total accusations rose in 
2005-06, when 3971 were accused of crimes related to illegal 
migration (compared to 3902 in 2004-05).  While sources 
indicate illegal migration attempts have decreased as a 
result of improved enforcement, press reports of illegal 
migration attempts indicate the GOT is increasingly 
prosecuting those involved in such attempts.  Convictions are 
usually based on violations of the passport law (#6/2004). 
 
¶B. Sexual exploitation is addressed by the penal code and 
child protection laws. These laws do not specifically address 
trafficking, and penalties depend on the degree of 
exploitation or violation of the law.  Government figures 
report that ten children were victims of sexual exploitation 
in the 2005-06 judicial year.  These statistics do not 
indicate how many were victims of commercial sexual 
exploitation. 
 
¶C. The Tunisian labor code is strict and strictly enforced. 
However, there is limited anecdotal evidence that a small 
number of domestic employees may be in non-compliance with 
labor laws, including contracts arranged by illegal work 
agencies.  Although there is no evidence of trafficking, the 
GOT takes these reports very seriously and has undertaken 
directed efforts to prevent such violations.  In 2005, the 
1965 Household Workers Law was amended to raise the age of 
employment from 14 years to 16 years in order to prevent the 
exploitation of children as domestic employees.  Thus, the 
final year of compulsory education is now equal to the 
minimum age of domestic employment, except in limited 
circumstances. The involvement of free or paid intermediaries 
in the employment of domestic workers is banned by the labor 
code, in order to prevent the exploitation of these workers. 
The Ministry of Employment operates regional centers in each 
of Tunisia's 24 governorates, as well as 83 smaller offices 
to assist job seekers in securing legitimate jobs and 
contracts.  The Ministry of Social Affairs, Solidarity and 
Tunisians Abroad is responsible for investigating violations 
of the labor code, including reports of labor abuses, and 
conducts approximately 30,000 investigations annually. 
 
¶D. The penalty for rape with the use of violence and/or 
threat with a weapon is death, which is also prescribed for 
rape of a child under the age of ten.  For all other rape 
cases, the penalty is life imprisonment. 
 
¶E. Prostitution is illegal under the penal code, which 
includes punishments for prostitutes, clients and 
intermediaries, and is strictly enforced.  Prostitutes and 
their clients can be imprisoned from six months to five years 
and face fines of up to 500 Tunisian dinars (approximately 
US$ 385).  Intermediaries face imprisonment for up to three 
years and fines of up to 500 dinars.  Enforcement and 
prosecution of prostitution laws is strict.  However, in a 
small number of Tunisian cities, prostitution is legally 
organized and supervised by the Ministry of Interior. 
 
¶O. Under the Tunisian constitution, international agreements 
have the effect of codified law once ratified. 
 
-- ILO Convention 182: Ratified January 24, 2000 
-- ILO Convention 29 and 105: Ratified November 23, 1962 and 
December 23, 1958 respectively 
-- Optional Protocol on the Rights of the Child (CRC): 
Ratified November 29, 1991 
-- Protocol to Prevent, Suppress and Punish Trafficking: 
Ratified March 25, 2003 
 
¶30. PROTECTION AND ASSISTANCE TO VICTIMS: 
 
¶C. The GOT conducts investigations into all cases of illegal 
migration.  As none of these investigations have revealed 
evidence of trafficking, the GOT has not established a formal 
referral system for trafficking victims. 
 
¶G. Currently, the government does not provide any specialized 
training for government or embassy officials in recognizing 
trafficking.  However, many GOT entities and officials are 
well aware of international trafficking definitions, 
challenges and enforcement.  The government works closely 
with foreign governments to combat illegal migration and 
protect Tunisians abroad.  Additionally, government "social 
attaches" in countries with large Tunisian expatriate 
populations are responsible for informing Tunisian workers 
abroad of their rights in Tunisia and the country of 
residence, in order to combat the possible exploitation of 
these workers overseas. 
GODEC