VZCZCXYZ1267
PP RUEHWEB

DE RUEHTU #0206/01 0661059
ZNR UUUUU ZZH
P 061059Z MAR 08
FM AMEMBASSY TUNIS
TO RUEHC/SECSTATE WASHDC PRIORITY 4537
INFO RUCNMGH/MAGHREB COLLECTIVE PRIORITY
RUEAWJB/DEPARTMENT OF JUSTICE WASHDC PRIORITY
RUEHC/DEPT OF LABOR WASHDC PRIORITY
RUEATRS/DEPT OF TREASURY WASHINGTON DC PRIORITY
RUEAHLC/HOMELAND SECURITY CENTER WASHINGTON DC PRIORITY

UNCLAS TUNIS 000206 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
STATE FOR G/TIP (PATEL), G, INL, DRL (KLARMAN), PRM, NEA/RA 
(CHATTERJI) AND NEA/MAG (HARRIS AND HOPKINS) 
 
E.O. 12958: N/A 
TAGS: ELAB KCRM KFRD KWMN PHUM PREF SMIG ASEC TU
 
SUBJECT: TUNISIA -- 2008 TIP REPORT 
 
REF: A. 03/03/2008 PATEL-COOPER EMAIL 
     ¶B. STATE 2731 
 
¶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: 2 hrs FE-MC, 2 hrs FE-OC, 2 hrs FS-01, 50 hrs 
FS-02. 
 
----------------- 
THE LOCAL 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.  Government officials are 
knowledgeable about the international trafficking problem and 
has undertaken legal and practical steps to prevent its 
emergence in Tunisia and to coordinate with those fighting 
the problem in neighboring countries.  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.  While there was 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. 
Tunisia's small, homogeneous and educated population helps 
diminish the likelihood of trafficking and exploitation. 
There was no evidence of forced labor in Tunisia, and the GOT 
actively managed and supervised the labor market, including 
the market for domestic employees. 
 
¶3. (SBU)  Begin TIP responses (keyed to Refs A and B): 
 
¶27. OVERVIEW: 
 
¶A. Local and international governments and NGOs all reported 
that there was 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 diminished 
as the result of GOT improvements in border control, legal 
sanctions and cooperation with Tunisia's Mediterranean 
neighbors.  The GOT is serious about enforcing legislation 
designed to combat illegal migration and trafficking. 
Non-governmental contacts report that there was 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 individual migrants 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 may be victims of sexual exploitation. 
However, there are no available statistics on the number of 
cases of commercial sexual exploitation (see section 28 B). 
Children's rights in Tunisia are strongly protected and 
severe legal punishments are applied to those convicted of 
child abuse.  The government reported that neither the 
judiciary nor protection entities found evidence of any form 
of human trafficking. 
 
Embassy officers consulted a wide range of sources in 2007 
and 2008, including: 
 
-- Ministry of Foreign Affairs Report dated February 28, 
¶2008. (Note: The government provided a written response in 
lieu of granting meetings between Emboffs and relevant 
ministries.) 
 
-- 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 and UNICEF. 
 
-- Diplomatic missions in Tunisia. 
 
-- Local and international press coverage of illegal 
migration and trafficking in persons in the Mediterranean 
region. 
 
Post believes tht information from these sources is 
reliable.  Al of these contacts reported no evidence of 
human trafficking to, through or from Tunisia. 
 
¶28. INESTIGATION AND PROSECUTION: 
 
¶A. Tunisia does nothave a law specifically prohibiting 
trafficking. However, in February 2008, the Ministry of 
Justce Center for Judiciary Studies had begun to study the 
possibility of adopting a law that specificaly outlaws all 
forms of trafficking in persons, tat would include updates 
to all related legislaton to einforce the protection 
against traffickig.  Post has no information about when such 
a lawmight be drafted or promulgated. 
 
However, thereare a number of laws under which traffickers 
coud be punished.  The Tunisian passport law (No. 6/204) 
was amended in 2004 to include punishments fr anyone who 
"guides, arranges, facilitates, assits, acts as an 
intermediary, or organizes the sureptitious entry or exit, 
even without remuneraton, of an individual to or from 
Tunisia by land,sea or air."  Violators face imprisonment 
for upto twenty years and a fine of 100,000 Tunisian dinas 
(approximately USD 82,600) if the crime result in death. 
Traffickers could also be prosecuted nder laws prohibiting 
slavery, bonded labor, andthe misuse of boats.  Slavery was 
banned in Tuniia in 1846, and in 1966 Tunisia ratified the 
1926League of Nations Slavery Convention and related U 
protocols.  Economic, sexual or criminal exploiation, as 
well as forced labor, prostitution, paticipation in armed 
conflict, displacement and ay other form of servitude is 
illegal.  The penal ode sentences government employees to 
life imprionment for document forgery.  In order to combatillegal migration by 
sea, marine laws were amendedin 2004 
(No. 3/2004 and No. 4/2004) to require all boats with motors 
larger than five horsepower to inform the National Guad of 
its route and passengers before leaving por, or face a fine 
of 1,000 Tunisian dinars (approxmately USD 826).  All 
related international agrements also have the effect of 
codified law once atified. 
 
There were no investigations, prosecutons, convictions or 
sentences for offenses that ere explicitly defined as 
trafficking during the eporting period.  However, throughout 
the year, llegal migrants from Tunisia and elsewhere were 
ntercepted off, or washed up on, Tunisia's coastlie. 
However, there were no indications these migrnts were 
trafficking victims.  The government reprted that intending 
illegal migrants were primarly individuals who had paid for 
their transport broad only and had not engaged any third 
party wo might seek to exploit them in the destination 
ountry. 
 
During the 2006-07 judicial year, 413 peple were charged 
with crimes related to illegal igration and sentenced as 
follows: 
 
-- 33 peope were not convicted 
-- 59 received fines 
-- 8 received less than one month imprisonment 
-- 15 received more than one month and less than one yea 
imprisonment 
-- 68 received more than one year and less than five years 
imprisonment 
-- 18 received more than five years imprisonment 
 
¶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.  In February 2008, the 
government said it envisions strengthening the existing child 
protection law.  According to government statistics, there 
were 95 reports of child sexual exploitation from January to 
September 2007.  However, these statistics did not indicate 
how many were victims of commercial sexual exploitation nor 
did they include the sentences for those convicted of 
involvement. 
 
¶C.  The Tunisian labor code is strict and strictly enforced. 
Slavery, forced labor, and bonded labor is banned by the 
Constitution, national laws and international conventions. 
The government reported there was no evidence of the practice 
in Tunisia and that labor inspectors received no reports of 
forced labor.  Therefore, no cases of forced labor were 
examined by Tunisian courts. 
 
However, there was limited anecdotal evidence that a small 
number of domestic employees may have been in non-compliance 
with labor laws, including contracts arranged by illegal work 
agencies.  Although there was no evidence of trafficking, the 
GOT takes these reports very seriously and has undertaken 
directed efforts to prevent such violations.  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. 
 
Tunisia was not known as a labor source or destination 
country, however the government works closely with European 
nations to protect the labor rights of Tunisians employed in 
those countries.  There were no available statistics about 
related convictions during the reporting period. 
 
¶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.  Tunisian law states 
that children under the age of 13 cannot consent to sexual 
relations.  Those guilty of or intending to have sexual 
relations with a child over 13 and under 15 can be sentenced 
to six years.  Those guilty of or intending to have sexual 
relations with a child over 15 and under 20 can be sentenced 
to five years. 
 
¶E.  Prostitution is illegal under the penal code, which 
includes punishments for prostitutes, clients and 
intermediaries, and was 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 
USD 413).  Intermediaries face imprisonment for up to three 
years and fines of up to 500 dinars.  Enforcement and 
prosecution of prostitution laws was strict.  However, in a 
small number of Tunisian cities, prostitution is legally 
organized and supervised by the Ministry of Interior.  During 
the September 2006 - July 2007 judicial year, 451 people were 
convicted of illegal prostitution and 59 convicted of 
assisting prostitution.  The GOT reports 250 victims of 
illegal prostitution and 24 victims of aiding prostitution. 
 
¶H.  There was no cooperative investigation or prosecution of 
trafficking cases.  However, the government works closely 
with foreign governments to combat illegal migration and 
protect Tunisians abroad.  The Tunisian penal code allows for 
the punishment of individuals who commit crimes of debauchery 
outside of the country. 
 
¶L.  There was no evidence Tunisian peacekeepers deployed 
abroad engaged in or facilitated trafficking. 
 
¶M.  The government did not identify child sex tourism as a 
problem, and there were no public statistics on the number of 
pedophiles prosecuted or extradited.  The Tunisian penal code 
allows for the punishment of individuals who commit crimes of 
debauchery outside of the country.  See also section 28 B. 
 
¶29. PROTECTION AND ASSISTANCE TO VICTIMS: 
 
¶A.  Although there was no evidence of the presence of foreign 
trafficking victims, the government generally cooperated with 
UNHCR and other humanitarian organizations in assisting 
refugees and asylum seekers. 
 
¶C.  As there was no evidence of trafficking in persons in 
Tunisia, the government provided no dedicated support to 
organizations for services to trafficking victims and there 
were no organizations undertaking this effort.  See also 
section 29 K. 
 
¶E.  There was no evidence that persons involved in the 
regulated commercial sex trade were trafficking victims. 
Those working in this sector are licensed following a 
background and medical check.  However, there was no public 
information about trafficking screening mechanisms. 
 
¶F.  As there was no evidence of trafficking in persons in 
Tunisia, no trafficking victims were identified.  In the case 
of child victims of sexual exploitation (not specifically 
commercial sexual exploitation), such individuals may be 
placed in state-operated juvenile reform centers if there are 
no direct relatives capable of caring for the child. 
International NGOs report that all children in such centers 
who were victims of child sexual exploitation were also found 
to suffer from other psychological and/or behavioral 
problems.  Some have also committed crimes such as drug use, 
for which they may be prosecuted. 
 
¶G.  As there was no evidence of trafficking in persons in 
Tunisia, no trafficking victims were identified. 
 
¶H.  As there was no evidence of trafficking in persons in 
Tunisia, there were no dedicated facilities accessible to 
trafficking victims.  However, two private NGOs operate 
women's shelters that could be utilized by trafficking 
victims.  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.  There was no 
information that indicate any of these services were utilized 
by trafficking victims in the reporting period. 
 
¶I.  The government did not provide any specialized training 
for government or embassy officials in recognizing 
trafficking.  However, the government works closely with 
foreign governments to combat illegal migration and protect 
Tunisians abroad.  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.  In November 
2007, Tunisia joined the 34 members of the Euro-Mediterranean 
Partnership who agreed to take cooperative steps to combat 
human trafficking and to strengthen channels of legal 
migration.  There were no reports of Tunisian citizens abroad 
being identified as trafficking victims. 
 
¶J.  As there was no evidence of trafficking in persons in 
Tunisia or of Tunisians abroad, the government did not assist 
any nationals who were trafficking victims. 
 
¶K.  As there was no evidence of trafficking in persons in 
Tunisia, there were no dedicated international organizations 
or NGOs working with trafficking victims. 
 
¶30. PREVENTION: 
 
¶B.  As there was no evidence of trafficking in persons in 
Tunisia, the government conducted no anti-trafficking 
campaigns.  However, the government did organize awareness 
campaigns about child sexual exploitation, including those 
that target security and judicial officials. 
 
¶C.  Although none are specifically working on trafficking, 
NGOs and international organizations assisting Tunisians and 
non-Tunisians reported good cooperation with the government. 
 
¶D.  According to the GOT and private organizations, there was 
no evidence that illegal migrants -- Tunisian or non-Tunisian 
-- are victims of trafficking.  Official investigations into 
all illegal migration cases found no evidence that the 
involved are victims of trafficking.  GOT investigations 
found that the main reasons for attempting illegal migration 
were employment opportunities, family reunification, tourism 
and circumvention of visa policies.  The government also 
noted that there was no evidence of any criminal enterprises, 
Mafia or gang involvement in these illegal migration 
attempts. 
 
¶E.  The GOT uses an interagency approach to address issues of 
trafficking and illegal migration. 
 
¶F.  As there was no evidence of trafficking in persons in 
Tunisia, there was no national plan of action to address 
trafficking in persons. 
 
¶G.  As there was no evidence of significant demand for 
commercial sex acts, there were no campaigns to reduce the 
demand for commercial sex acts.  However, the government did 
organize awareness campaigns about child sexual exploitation, 
including those that target security and judicial officials. 
 
¶I.  There was no public information about the government's 
measures to ensure its nationals deployed as peacekeepers not 
engage in or facilitate trafficking. 
 
Please visit Embassy Tunis' Classified Website at: 
http://www.state.sgov.gov/p/nea/tunis/index.c fm 
GODEC