VZCZCXRO8736
RR RUEHAG RUEHDF RUEHLZ
DE RUEHRL #0240/01 0581502
ZNR UUUUU ZZH
R 271502Z FEB 08
FM AMEMBASSY BERLIN
TO RUEHC/SECSTATE WASHDC 0527
INFO RUCNFRG/FRG COLLECTIVE
RUEAWJA/DEPT OF JUSTICE WASHINGTON DC
RUEHC/DEPT OF LABOR WASHINGTON DC
RUEFHLC/HOMELAND SECURITY CENTER WASHINGTON DC
RHMFIUU/DEPT OF HOMELAND SECURITY WASHINGTON DC

UNCLAS SECTION 01 OF 03 BERLIN 000240 
 
SIPDIS 
 
SENSITIVE 
 
SIPDIS 
STATE FOR G/TIP, EUR, DRL, INL, IO, AND PRM 
PLEASE PASS USAID 
 
E.O. 12958: N/A 
TAGS: KCRM PHUM KWMN SMIG ASEC PREF ELAB PGOV PREL
GM 
SUBJECT: GERMANY/TIP - MINISTRIES WELCOME ACTION GUIDE 
RECOMMENDATIONS, DESCRIBE CONTINUED PROGRESS IN 2007 
 
REF: A. STATE 10279 
     ¶B. 07 BERLIN 2015 
     ¶C. 07 BERLIN 1190 
     ¶D. 07 BERLIN 390 
 
¶1. (SBU) SUMMARY:  Government officials from key federal 
ministries welcomed the recommendations in G/TIP's "Action 
Guide to Combat Trafficking in Persons" for Germany.  They 
highlighted a series of steps taken in 2007, including 
finalization of the second Federal Action Plan to Combat 
Violence against Women, new victim protection initiatives, 
public awareness and demand reduction campaigns, additional 
programs/training to identify victims, and ongoing efforts to 
train peacekeepers and police in advance of deployments 
abroad.  Participants expressed interest in strengthening 
bilateral cooperation against trafficking, including 
exchanges of best practices on victim identification and 
labor trafficking, as well as increased information sharing 
on the structure and practices of criminal organizations 
engaged in human trafficking.  END SUMMARY. 
 
¶2. (SBU) On February 25, the Embassy hosted a meeting of key 
Government personnel with day-to-day responsibility for 
combating TIP, including Axel Kuechle, MFA Deputy Director 
for International Organized Crime; Birgit Schweikert, Family 
Ministry Director for the Protection of Women from Violence; 
Tobias Wiemann, the Interior Ministry's TIP action officer; 
Perdita Kroeger, Justice Ministry Director for Criminal Law; 
and Ute Heinen, a Labor Ministry action officer for European 
social issues.  Participants were provided in early February 
with a copy of G/TIP's "Action Guide to Combat Trafficking in 
Persons" (ref A) and the Trafficking Victims Protection Act 
(TVPA) Implementation Guidelines.  This cable presents an 
overview of participants' reactions and comments on the 
Germany-specific recommendations presented in the Action 
Guide.  Post's input for the 2008 TIP Report (septel) will 
provide additional detail on German actions in terms of 
compliance with TVPA Implementation Guidelines. 
 
¶3. (SBU) The Family Ministry's Schweikert, who coordinates 
the work of the Federal-State Interagency Working Group on 
Trafficking, began by describing the conclusions of a 2007 
study on the effect of 2002 legislation on the legal status 
of prostitutes in Germany.  The independent study concluded 
that the legislation did not negatively affect efforts to 
fight TIP and recommended further state action to help 
prostitutes get out of the commercial sex industry (ref D). 
Schweikert also shared copies of Germany's Second Federal 
Action Plan to Combat Violence against Women, a comprehensive 
interagency strategy that contains over 130 new measures to 
prevent and protect women from a wide range of violence, 
including forced marriage, trafficking, and other forms of 
exploitation (ref B). 
 
LEGAL FRAMEWORK AND PROSECUTION 
 
¶4. (SBU) In line with the Action Guide's assessment, ministry 
representatives agreed that Germany has a strong legal 
framework in place to fight TIP.  In response to concerns 
about the high number of suspended prison sentences, Kroeger 
stressed that it is standard German practice to automatically 
suspend prison sentences of one year or less for all crimes, 
not just TIP.  While judges have slightly more discretion 
with sentences ranging from one to two years, the prevailing 
practice is to suspend such sentences in most cases.  Kroeger 
noted that sentences of more than two years cannot be 
suspended. 
 
¶5. (SBU) In response, emboff expressed concern that current 
TIP sentencing practices might not provide a sufficiently 
strong deterrent to dissuade potential traffickers.  Kroeger 
said German judges have a long-standing preference for 
alternative sentencing, especially in cases involving 
first-time offenders, regardless of the crime committed. 
Kuechle said concerns about relatively light sentences handed 
down in recent terrorism and narcotics/weapons cases have 
prompted a debate within the German Government on sentencing 
practices.  Wiemann quickly added that any change in 
sentencing practices would have to take place across the 
board, not just in cases involving human trafficking. 
 
VICTIM PROTECTION AND ASSISTANCE 
 
 
BERLIN 00000240  002 OF 003 
 
 
¶6. (SBU) Schweikert expressed appreciation for the Action 
Guide's positive assessment of German efforts to provide 
assistance and protection to TIP victims.  She offered one 
correction, noting that the number of counseling centers for 
TIP victims is larger than the number (25) indicated in the 
2007 TIP Report.  She stated that the Family Ministry fully 
funds the Association against Trafficking in Women and 
Violence against Women in the Migration Process (KOK), an 
umbrella organization of 38 specialized NGOs, most of which 
operate more than one counseling center for TIP victims. 
Most of the NGOs receive financial assistance from 
state/local governments. 
 
¶7. (SBU) Regarding the Action Guide's recommendation that 
Germany amend its victim protection legislation to include 
psychological counseling and treatment for TIP victims, 
Schweikert noted that the Family Ministry and KOK have 
published a reference document for use by counseling centers 
that explains benefits available to trafficking victims, 
including psychological treatment, under the 2007 Victims 
Compensation Act.  The brochure outlines the procedures for 
filing claims and makes recommendations to state and local 
authorities on how to improve provision of related benefits. 
Schweikert said KOK publishes a second brochure that explains 
the full range of benefits to which TIP victims are legally 
entitled. 
 
PREVENTION 
 
¶8. (SBU) Schweikert welcomed the Action Guide's assessment of 
public awareness and client education campaigns launched in 
conjunction with the 2006 Soccer World Cup.  She noted that 
the Family Ministry, International Organization for Migration 
(IOM), and independent NGOs had concluded that the 
government-funded public awareness campaigns reached a wide 
spectrum of society, including potential clients of TIP 
victims.  Schweikert added that federal and state governments 
have continued to fund many of the campaigns post-World Cup. 
 
¶9. (SBU) Schweikert said the Family Ministry is working to 
establish a national hotline to provide initial counseling 
and referrals for all types of violence against women, 
including trafficking.  (NOTE:  Based on the small number of 
TIP victims who used government-funded, NGO-operated hotlines 
established during the World Cup, the Family Ministry and 
NGOs concluded it did not make sense to establish a dedicated 
hotline for TIP victims.  END NOTE.)  The hotline's services 
will also be available to persons who have reason to believe 
they have come in contact with a victim of violence. 
 
¶10. (SBU) Turning to the Action Guide's recommendation that 
Germany make additional efforts to identify TIP victims, 
Schweikert pointed out that new guidelines published by the 
Federal-State Interagency Working Group on Trafficking offer 
standardized modules for TIP-related training for police, 
counseling centers, prosecutors and judges and other 
authorities.  The modules include training on victim 
identification techniques and best practices.  Schweikert 
also noted that the new Action Plan suggests that states 
consider some of the proactive counseling approaches adopted 
in several German states (e.g., new "intervention agencies" 
in Mecklenburg-Pomerania and Lower Saxony and mobile 
counseling services in Berlin).  The new programs actively 
reach out to at-risk women, including those working in the 
commercial sex industry. 
 
¶11. (SBU) Schweikert said that Germany continues to support 
public awareness campaigns that address child sex tourism. 
Kuechle and Wiemann reported that German embassies and 
Federal Office of Criminal Investigation (BKA) liaison 
officers stationed abroad have continued efforts to 
strengthen legal cooperation and provision of legal 
assistance in countries of concern, most notably in South 
East Asia.  Kuechle said German development assistance also 
includes programs to prevent child sex tourism. 
 
PEACEKEEPING AND POLICE MISSIONS ABROAD 
 
¶12. (SBU) Asked about German Government efforts to address 
trafficking and exploitation committed by multinational 
peacekeepers, Kroeger stated that Section 6 of the German 
Penal Code gives Germany's trafficking- and sexual 
assault-related statutes extraterritorial effect.  Schweikert 
 
BERLIN 00000240  003 OF 003 
 
 
said Germany provides training for military personnel and 
police officers in advance of deployments abroad, including 
sessions focused on sexual exploitation/abuse and other human 
rights issues.  Unit commanders receive special training on 
trafficking, including how to sensitize their subordinates 
and how to monitor and enforce compliance. 
 
IMPROVING BILATERAL COOPERATION 
 
¶13. (SBU) All participants expressed interest in 
strengthening bilateral cooperation in the international 
fight against TIP.  Noting the success of a 2006 DOJ visit 
focused on the U.S. T-Visa, Schweikert suggested an exchange 
of best practices on victim identification techniques and 
efforts to fight labor trafficking would be useful for both 
countries.  Wiemann expressed interest in more information 
sharing between German and U.S. law enforcement experts on 
the structure and practices of criminal organizations engaged 
in trafficking. 
 
¶14. (SBU) Kuechle said the MFA and Justice Ministry are still 
interested in receiving information about U.S. efforts to 
educate and sensitize judges on TIP (see ref C).  Kuechle 
also asked whether the USG had a position on Belarus' 
proposal for an UNGA special session on TIP.  While Germany 
opposes the proposal, the MFA is interested in U.S. views on 
whether the UN might be able to play a larger role with 
respect to implementation and monitoring of commitments made 
by parties to the UN Convention on Transnational Organized 
Crime. 
 
 
POLLARD