VZCZCXYZ0004
OO RUEHWEB

DE RUEHCG #0445/01 1901055
ZNR UUUUU ZZH
O 091055Z JUL 07
FM AMCONSUL CHENNAI
TO RUEHC/SECSTATE WASHDC IMMEDIATE 1045
INFO RUEHNE/AMEMBASSY NEW DELHI 2630
RUEHCG/ALL SOUTH AND CENTRAL ASIA COLLECTIVE

UNCLAS CHENNAI 000445 
 
SIPDIS 
 
SIPDIS 
 
DEPT FOR G/TIP MTAYLOR, JSIGMON, SFARAJ; SCA/INS FOR CSIM; 
SCA/RA FOR JPFLEIDERER 
 
E.O. 12958: N/A 
TAGS: SOCI ELAB KCRM KWMN PREL PHUM IN
SUBJECT: Plea from NGOs: Don't Downgrade India to Tier 3 
 
REF:  A) NEW DELHI 2816  B) CHENNAI 103  C) CHENNAI 77 
 
¶1. SUMMARY: During a July 3 visit to Hyderabad, Ambassador Mulford 
met with representatives of anti-trafficking NGOs to hear their 
views on India's efforts to combat trafficking in persons (TIP). 
The NGO representatives argued that the 2007 TIP report did not 
sufficiently or accurately acknowledge the progress India had made 
during the previous year.  When the Ambassador asked their views of 
whether India should be downgraded to Tier 3, the NGO 
representatives uniformly opposed a downgrade on the grounds that 
the U.S. had not acknowledged India's progress and because U.S. TIP 
analysis focused too much attention on successful convictions.  They 
said downgrading India to Tier 3 would actually undermine efforts to 
combat TIP in India.  END SUMMARY. 
 
--------------------------------- 
AMBASSADOR MEETS LEADING TIP NGOS 
--------------------------------- 
 
¶2.  As part of the Mission's ongoing effort to highlight our 
trafficking concerns, on July 3, Ambassador Mulford met with 
representatives of several NGOs to discuss India's efforts to combat 
TIP and to hear their views of the recently issued 2007 TIP report, 
released June 12.  The Ambassador met with Dr. Sunitha Krishnan of 
Prajwala, Hema Bedi of Sthree, and Sumitra Makkapati of Ankuram. 
Prajwala runs a home for child survivors of sex trafficking as well 
as Prajwala Enterprises, a training and production center for young 
female survivors of sex trafficking.  Bedi's Sthree works to rescue 
and rehabilitate victims of trafficking and has a shelter home that 
provides vocational training to victims.  Ankuram also has a shelter 
home and supports small businesses run by victims. 
 
¶3.  Ambassador Mulford opened the meeting by discussing the 2007 TIP 
report which put India, for the fourth straight year, on the Tier 2 
watch list.  He discussed the special six-month assessment period 
and said there will be a review of India's progress in December 
¶2007.  The Ambassador solicited the assembled NGO representatives' 
views on the possibility of downgrading India to Tier 3, inquiring 
if a downgrade is warranted and whether or not it would ultimately 
help focus the GOI and civil society on anti-TIP efforts.  He also 
pressed for advice on how we could best encourage progress on this 
is issue. 
 
--------------------------------------------- -------- 
NGOS SAY 2007 REPORT IGNORES INDIA'S PROGRESS ON TIP 
--------------------------------------------- -------- 
 
¶3.   The NGO representatives candidly said that the 2007 TIP Report 
does not sufficiently acknowledge India's progress against 
trafficking in persons during the past year.  They argued that both 
policymakers and law enforcement officers in Andhra Pradesh have 
made forward strides.  It has taken time, they said, for law 
enforcement to understand the unique needs of TIP victims.  For 
example, the authorities previously relied on the Immoral 
Trafficking Prevention Act, which released traffickers on bail after 
less than 48 hours of incarceration.  Currently, however, law 
enforcement officials arrest traffickers using non-bailable sections 
of the Indian Penal Code, the NGOs representatives reported. 
Knowing that their traffickers them will not get bail immediately, 
victims are reassured and more likely to come forward.  The NGO 
representatives said the use of non-bailable sections of the penal 
code is a very significant step forward. 
 
¶4.  Andhra Pradesh's progress on enforcement is exemplified by a 
June 26 judgment of a Hyderabad court in which two traffickers were 
sentenced to four and fourteen year, respectively, of "rigorous 
imprisonment."  The landmark judgment represents the state's first 
ever TIP conviction.  Prajwala, one of the NGOs participating in the 
meeting, had filed the complaint that initiated the prosecution, and 
its representative, Dr. Krishnan, praised the police and prosecutors 
for their efforts.  She noted that the victim received many death 
threats but was able to testify despite the hostile environment due 
to the support of the police and prosecutorial authorities.  She 
said "committed officers made a difference" and that the "case is a 
testimony to the paradigm shift in the minds of enforcement 
agencies." 
 
¶5.  There has also been progress on the policy front.  The NGO 
representatives said that pressure is building to amend the Immoral 
Trafficking Prevention Act to cover customers of prostitution in 
addition to the traffickers of sex workers.  Furthermore, the NGO 
representatives expect promulgation of a national witness protection 
protocol, which will help increase prosecutions against traffickers. 
 
 
--------------------------------------------- 
NGOS SAY MOVING TO TIER THREE WOULD BE UNFAIR 
--------------------------------------------- 
¶6.  The NGO representatives said that many states, including Andhra 
Pradesh, have made serious efforts to combat TIP from a prosecution 
standpoint (see reftels).  They commended Andhra Pradesh's 
groundbreaking training for law enforcement and judiciary officials 
on TIP issues, and said the United Nations Office on Drugs and Crime 
(UNODC) program has helped sensitize government officials to the 
problem.  They said programs like the UNODC's have shown tangible 
results and they urged U.S. government support along the same lines. 
 Nonetheless, the NGO representatives said U.S. analysis of TIP in 
India is overly focused on prosecutions. 
 
¶7.  Although India is making progress on the prosecution side, the 
NGO representatives urged the U.S. to use a broader analysis that 
evaluates India's efforts at prevention, rescue, and rehabilitation, 
in addition to successful convictions.  They said to get a proper 
understanding of India's efforts to combat TIP, U.S. officials need 
to move beyond consultations with the NGO and law enforcement 
communities to the broader range of other stakeholders involved in 
combating TIP, including district collectors, revenue officials, and 
community representatives.  The Ambassador asked what type of 
support the U.S. could provide to improve India's broader anti-TIP 
agenda.  The NGO representatives said India has sufficient resources 
to combat the problem, but the resources are allocated through many 
different programs run by different government agencies.  The U.S. 
could provide technical assistance in interlinking these resources 
so they can be effectively used to prevent TIP, as well as to rescue 
and rehabilitate victims. 
 
¶8.  COMMENT:  The NGO representatives, three women dedicated to 
combating the scourge of human trafficking, unanimously expressed 
their opposition to downgrading India to Tier 3 status.  They said a 
downgrade would be unfair and inaccurate.  The 2007 report, in their 
view, fails to acknowledge the substantial progress India has made 
against trafficking.  Moreover, they feel that the fundamental 
approach of U.S. TIP analysis is overly focused on successful 
convictions.  They urged a broader approach which takes into account 
efforts on prevention, rescue, and rehabilitation.  Most critically, 
they said that such a downgrade would have the opposite effect than 
intended: it would undermine the substantial progress that states 
such as Andhra Pradesh have made in combating TIP.  The NGOs 
endorsed the Ambassador's suggestion that a visit of senior TIP 
officials to India in the near future include Hyderabad to see the 
TIP situation for themselves, meet broadly with stakeholders, and 
get a clearer sense of the very serious and complex problem and the 
many efforts that are underway to address it.  END COMMENT. 
 
¶9.  This message was coordinated with Embassy New Delhi and approved 
by Ambassador Mulford. 
 
HOPPER