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Viewing cable 08TASHKENT580, INTERNATIONAL ANTI-TIP WORKSHOP IN TASHKENT SETS

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Reference ID Created Released Classification Origin
08TASHKENT580 2008-05-21 09:42 2011-08-26 00:00 UNCLASSIFIED//FOR OFFICIAL USE ONLY Embassy Tashkent
VZCZCXRO9473
RR RUEHBW RUEHIK RUEHPOD RUEHYG
DE RUEHNT #0580/01 1420942
ZNR UUUUU ZZH
R 210942Z MAY 08
FM AMEMBASSY TASHKENT
TO RUEHC/SECSTATE WASHDC 9683
INFO RUEHZG/NATO EU COLLECTIVE
RUEHAD/AMEMBASSY ABU DHABI 0157
RUEHAH/AMEMBASSY ASHGABAT 3973
RUEHTA/AMEMBASSY ASTANA 0186
RUEHBK/AMEMBASSY BANGKOK 0334
RUEHEK/AMEMBASSY BISHKEK 4588
RUEHLM/AMEMBASSY COLOMBO 0467
RUEHKA/AMEMBASSY DHAKA 0391
RUEHDBU/AMEMBASSY DUSHANBE 0470
RUEHIL/AMEMBASSY ISLAMABAD 4194
RUEHBUL/AMEMBASSY KABUL 2473
RUEHKT/AMEMBASSY KATHMANDU 0506
RUEHMO/AMEMBASSY MOSCOW 7421
RUEHNE/AMEMBASSY NEW DELHI 1139
RUEHTV/AMEMBASSY TEL AVIV 0490
RUEHDE/AMCONSUL DUBAI 0174
RUEATRS/DEPT OF TREASURY WASHDC
RUEAWJA/DEPT OF JUSTICE WASHDC
RUEHVEN/USMISSION USOSCE 2472
RHEFDIA/DIA WASHDC
RHEHNSC/NSC WASHINGTON DC 0052
RUEAIIA/CIA WASHDC
UNCLAS SECTION 01 OF 06 TASHKENT 000580 
 
SENSITIVE 
SIPDIS 
 
DEPT FOR INL ANDREW BUHLER; G/TIP FOR MEGAN HALL; SCA/RA 
FOR JESSICA MAZZONE 
MOSCOW FOR NAS PETE PRAHAR AND RLA TERRY KINNEY 
DOJ/OPDAT FOR CATHERINE NEWCOMBE 
BISHKEK FOR VALERIE CHITTENDEN 
 
E.O. 12958: N/A 
TAGS: PGOV PREL PHUM KCRM KWMN SOCI UZ
SUBJECT: INTERNATIONAL ANTI-TIP WORKSHOP IN TASHKENT SETS 
STAGE FOR FURTHER COOPERATION 
 
REF: TASHKENT 366 
 
TASHKENT 00000580  001.2 OF 006 
 
 
1. (SBU) Summary:  The Organization for Security and 
Cooperation in Europe (OSCE) and the United Nations Office on 
Drugs and Crime (UNODC) co-sponsored a major international 
anti-trafficking in persons (TIP) workshop on May 14-15 in 
Tashkent.  Visiting American participants included a 
Congressional staffer and a U.S. Attorney with expertise on 
TIP cases who took full advantage of a rare opportunity to 
present U.S. case studies.  As expected, the Government of 
Uzbekistan (GOU) touted its recently passed anti-TIP 
legislation as major progress and one lawmaker noted "that 
was just the beginning."  Numerous host government officials 
stated that further changes to the criminal code will be 
forthcoming to supplement the law.  Attendees agreed the law 
is very strong on victim protection but impressed upon GOU 
officials the need to follow through on effective 
implementation.  Uzbek officials, both during the event and 
in separate meetings with the visiting Congressional staffer 
and poloff, expressed interest in more substantive 
cooperation with the United States on countering TIP. 
Recently a major point of contention, anti-TIP issues have 
the potential to become a bright spot in our relations.  End 
summary. 
 
Milestone Event 
--------------- 
 
2. (U) OSCE and UNODC co-sponsored a major international 
workshop on May 14-15 in Tashkent entitled "Promoting Law 
Enforcement and Judicial Cooperation Among Source, Transit, 
and Destination Countries to Combat Human Trafficking and 
Migrant Smuggling to and from Central Asia."  The event 
attracted law enforcement and government officials, 
diplomats, NGO representatives, international organization 
officials, and experts from each of the five former Soviet 
Central Asian republics as well as Russia, Thailand, Israel, 
the United Arab Emirates, and the United States.  The 
Collective Security Treaty Organization (CSTO) was also 
represented.  A Congressional staff advisor from the U.S. 
Helsinki Commission also attended, and funding from the 
Bureau of International Narcotics and Law Enforcement Affairs 
(INL) supported the participation of a Moscow-based Resident 
Legal Advisor who took full advantage of a rare opportunity 
to share American prosecutorial experiences with Uzbek 
counterparts.  This was the most high profile TIP-themed 
event to take place in Uzbekistan, and the first chance for 
the host government and the international community to 
publicly analyze the recently passed TIP legislation in the 
country. 
 
Congratulations, But Keep Going 
------------------------------- 
 
3. (SBU) Mahmoud Naderi, Chief of Mission of the 
International Organization for Migration (IOM) in Kazakhstan, 
reported that his organization estimates there are 800,000 
TIP victims worldwide each year.  Naderi congratulated 
Uzbekistan on its new law, which he described as "an 
important step in improving the legal framework," but added 
that "implementation is now key." (Note:  IOM is not 
 
TASHKENT 00000580  002.2 OF 006 
 
 
registered in Uzbekistan but has been able to conduct 
anti-TIP work in the country.  The time may be right for the 
organization and the Uzbek government to reconsider IOM's 
status.  See septel.  End note.)  Numerous participants from 
Western countries and international organizations echoed 
Naderi's message of patting the hosts on the back while 
calling for effective implementation and further actions. 
One expert added on the margins that the breakthrough Uzbek 
legislative action (after years of prodding) could help 
finally pressure Russia into implementing similar draft 
legislation. 
 
Uzbeks: "Law is Just the Beginning" 
----------------------------------- 
 
4. (SBU) Participants agreed that the new Uzbek law is 
particularly strong in victim protection, but it does not 
address criminal aspects of TIP (although the existing 
Article 135 has already been used for years to prosecute 
traffickers).  However, Government of Uzbekistan officials 
stated multiple times during the workshop and in separate 
meetings with poloff and visiting Congressional staffer that 
subsequent changes to the criminal code are forthcoming. 
Sobir Jabborov, Deputy Chairman of the Oliy Majlis (lower 
house of Parliament) Legislative and Judicial-Legal Affairs 
Committee, noted that "the law is just the beginning."  He 
also noted that further cooperation with the United States on 
this issue is welcome as Uzbekistan seeks to implement its 
law.  In a separate meeting with poloff and visiting 
Congressional staffer on May 16, Farkhod Hamraev, the 
Ministry of Foreign Affairs Head of the UN and International 
Political Organizations Department (which is responsible for 
TIP issues), confirmed that the national action plan required 
by the law will be finalized by the Ministry of Justice very 
soon.  He also said the GOU intends to continue projects with 
the UNODC on implementing the new law, and he challenged the 
U.S. to step forward to provide sponsorship if it is serious 
about the issue. 
 
5. (U) Nodir Kurbanov, Senior Investigative Officer of the 
Ministry of Internal Affairs' (MVD) special anti-TIP unit, 
noted in his presentation that the Cabinet of Ministers 
adopted a resolution one week after President Karimov signed 
the law that quickly set implementation into motion. 
Kurbanov said the process of drafting criminal code 
amendments is well underway and informed the audience that 
the national action plan is nearly complete.  Significantly, 
he specifically said the role of NGOs such as Istiqbolli 
Avlod (the IOM-affiliated NGO in Uzbekistan and a major force 
in anti-TIP efforts) will be key.  (Comment:  This type of 
public statement from an Uzbek law enforcement official 
represents a big change from the not-too-distant past.  An 
ongoing INL-funded project to train MVD officers has clearly 
helped build rapport between relevant NGOs and the Ministry. 
Indeed, Nodira Karimova, the Director of Istiqbolli Avlod, 
sat beside Kurbanov during his presentation and helped answer 
questions.  End comment.) 
 
6. (SBU) Kurbanov also described how, in accordance with the 
law, MVD will establish and operate a rehabilitation center 
for victims with the help of state funds.  (Comment:  The 
 
TASHKENT 00000580  003.2 OF 006 
 
 
public funding is certainly welcome news, but MVD is a law 
enforcement agency and it is unclear whether it can 
effectively implement a victim assistance program.  However, 
Kurbanov mentioned that officials from 18 different agencies 
and institutions are collaborating on implementation.  Local 
NGO representatives indicated the important thing is to 
specify victim protection in the law, which sends a message 
to officials that it needs to get done.  End comment.) 
 
U.S. Attorney Shares Successes and Shortcomings 
--------------------------------------------- -- 
 
7. (U) Visiting U.S. Attorney Terry Kinney, who is based in 
Moscow via the Department of Justice Office of Prosecutorial 
Development and Training (DOJ/OPDAT), presented examples of 
how criminal TIP cases were prosecuted in the U.S. both 
before and after appropriate legislation was in place.  This 
was a valuable opportunity for Uzbek (and other Central Asian 
officials) to understand that developing and implementing TIP 
legislation is a long and bumpy road even in the United 
States.  Kinney noted that, prior to developing new 
legislation, American prosecutors resorted to trotting out 
post-Civil War statutes targeting southern plantation owners 
who mistreated former slaves.  This effectively demonstrated 
that inadequate legislation had to be addressed to fight this 
modern crime, and Kinney presented subsequent case studies 
(involving victims from the former Soviet Union) that showed 
how effective legislation and international cooperation 
contribute to the timely rescue of victims and strong 
prosecution efforts. 
 
8. (U) Kinney described the positive impact of a joint U.S. 
and Russian anti-TIP working group that meets two times per 
year to coordinate efforts.  He noted it should meet more 
frequently and also suggested it could form the basis for a 
regional working group to include Central Asian countries. 
(Comment:  The recently established Central Asian Regional 
Information and Coordination Center (CARICC) may be a 
possible source of anti-TIP coordination.  While it is 
currently counter-narcotics focused, perhaps the mandate 
could be broadened to include regional TIP issues of mutual 
multilateral interest.  End comment.) 
 
9. (SBU) Kinney's presentations on the American experience in 
fighting TIP, in which there was "an enormous information 
gap" between the federal and local entities, illustrated the 
need for training and coordination.  This struck a chord with 
the Central Asian audience.  In a separate meeting on May 16, 
MVD officials who were not present at the workshop asked 
poloff and Congressional staffer for more anti-TIP training, 
with a TIP unit supervisor noting "we only hear from NGOs and 
international organizations - who are good at prevention - 
but we never meet with your police."  The MVD officials 
called on the U.S. to do more to "share experiences." 
(Comment:  We consistently hear feedback from rank-and-file 
law enforcement oficers who enjoy interacting with colleagues 
in the trenches rather than meeting with officials in 
pinstripe suits.  Recently, officials with MVD and Customs 
have been increasingly comfortable directly asking for 
training programs with the U.S., which suggests some sort of 
real or perceived barrier has been lifted.  End comment.) 
 
TASHKENT 00000580  004.4 OF 006 
 
 
 
 
Kyrgyz Passports Debate 
----------------------- 
 
10. (U) Many presentations by participating delegations were 
sterile and scripted, but the most interesting substantive 
discussion centered on the widespread use of Kyrgyz passports 
by Uzbek trafficking victims.  The key anti-trafficking NGO 
in Uzbekistan, Isiqbolli Avlod, reported that only a small 
number of victims depart from Tashkent Airport since the 
authorities are tough (this is consistent with what we have 
heard over the past year).  Rather, Uzbeks often fly from 
alternate Central Asian airports such as Osh (Kyrgyzstan) or 
Chimkent (Kazakhstan) using false Kyrgyz passports.  Tilekmat 
Moldobaev, the Kyrgyz MVD's Head of Division on Combating 
Illegal Migration, stated that in 2006 an entire planeload of 
trafficking victims was intercepted at Osh Airport.  Of the 
62 United Arab Emirates-bound passengers, 60 were Uzbek 
women, one was Kyrgyz, and one was a Turkmen citizen.  Four 
were underage and none were older than 25 years-old; all had 
false Kyrgyz passports, and Moldobaev noted that a common 
tactic is to switch passports mid-flight. 
 
11. (U) Moldobaev said the investigation into this case is 
still ongoing, but progress is slow since many victims have 
returned to Uzbekistan and it is difficult for prosecutors to 
interview them (assuming they are willing to talk).  Limited 
access to victims was a core theme in the conference from the 
standpoint of both source and destination countries. 
Kurbanov of the Uzbek MVD noted that "this conference will be 
a good push for us to work with regional counterparts, 
especially Kyrgyzstan."  Such efforts should include Uzbek 
authorities facilitating access for Kyrgyz investigators, but 
Uzbek officials also called on Kyrgyzstan to improve the 
security of its passports, and Kurbanov noted that in one 
recent case a valid Kyrgyz passport was used.  The Kyrgyz 
delegation noted that the problem is mainly with old, 
low-tech passports and that the new generation of documents 
is much more secure.  Kurbanov noted "no offense to our 
Kyrgyz counterparts, but we need to resolve this together." 
 
12. (U) Central Asian officials lamented that poor people in 
rural areas sell their documents to criminal organizations, 
who then alter documents for traveling victims.  At this 
point Captain Ahmad Obaid Bin Hadibah of the Dubai Police 
General Headquarters noted that it is imperative for 
stolen/lost passport data to be immediately provided to 
Interpol.  He also highlighted the need for source countries 
to more effectively intercept false passports since it is 
much more difficult in the destination countries' ports of 
entries. 
 
Israeli Efforts Disrupt Trafficking 
----------------------------------- 
 
13. (U) Dalia Avramoff, Senior Deputy to the District 
Attorney of Tel Aviv, informed participants that there are 
almost no Uzbek victims anymore (this is consistent with 
local NGO reports we have heard).  She described Israel's 
first law in 2000, which was supplanted by a much tougher one 
 
TASHKENT 00000580  005.2 OF 006 
 
 
in October 2006.  Avramoff concluded that Israel "succeeded 
with ardent implementation" of this law in reducing the 
instances of trafficking.  However, as enforcement efforts 
increased, the need for victims' shelters became apparent as 
officials struggled with what to do with victims.  This 
presentation was appreciated by Central Asian counterparts 
who are now linking enforcement and victim protection 
measures.  Avramoff emphasized that plea bargains with 
shorter sentences are sometimes the best prosecutors can hope 
for given limitations in evidence, chiefly victims' 
unwillingness to testify.  Israel, she said, has been 
successful in securing compensation (averaging USD 10,000) 
for victims as a prerequisite to plea bargains that ensure 
victims can start a new life after their ordeals. 
 
Turkmen:  No Trafficking Here 
----------------------------- 
 
14. (U) Eziz Charyev of the General Prosecution Office of 
Turkmenistan, highlighted a new anti-TIP law adopted in 
October 2007.  The Turkmen delegation disappointed several 
attendees by insisting that thus far there have been "no 
actual cases of trafficking" in Turkmenistan.  Rather, they 
said, there have been some potential cases uncovered, and 
Turkmenistan will continue to focus on prevention efforts. 
 
Challenges to International Coordination 
---------------------------------------- 
 
15. (U) One discussion focused on the need for source and 
destination countries to get on the same page in terms of 
defninitions, as differences can often preclude prosecution 
efforts or mutual cooperation.  One prosecutor called for 
more "worldwide uniformity of what exactly constitutes 
criminal offenses" concerning human trafficking.  Sentencing 
consistency between countries was also cited as a contentious 
issue.  One Western commentator recalled expressing surprise 
at seemingly light sentences to a Central Asian interlocutor, 
who retorted "you don't know what our prisons are like." 
Joint investigations, when they are practical, pose questions 
as to whether to file charges in source, transit, or 
destination countries.  Olga Zudova, UNODC Senior Legal 
Advisor, discussed the difficulties of designing extradition 
treaties that satisfy multiple parties without being generic. 
 
ODIHR Side Program 
------------------ 
 
16. (SBU) Shortly before the conference began, the Uzbek 
Ministry of Foreign Affairs approved a request by the 
conference organizers for representatives of the OSCE's 
Office of Democratic Institutions and Human Rights (ODIHR) to 
conduct a brief side program focusing on the role of NGOs in 
anti-TIP activities.  The approval was granted late but was 
nonetheless a positive sign given the critical election 
report ODIHR recently released on the December 2007 
Uzbekistan Presidential elections and the OSCE's tenuous 
relations with Uzbekistan in the human dimension.  NGOs from 
Israel, Russia, and Kyrgyzstan made presentations.  Rom 
Levkovich of the Israeli NGO Hotline for Migrant Workers was 
sharply critical of the Israeli government's handling of 
 
TASHKENT 00000580  006.2 OF 006 
 
 
victims and prosecutions in some instances, but Avramoff's 
rebuttals from a prosecutorial perspective allowed for an 
engaging look at the problems at hand from different 
viewpoints. 
 
Comment 
------- 
 
17. (SBU) As noted in reftel, the Government of Uzbekistan 
timed the adoption of its new anti-TIP law with this major 
international workshop in order to ensure a positive 
assessment by participants, who duly gave credit where credit 
was due.  The Government of Uzbekistan was certainly not 
surprised by the corresponding message that it needs to 
actually follow through, and its representatives were quick 
to propose cooperative endeavors with neighboring countries 
and training assistance programs with the United States. 
Uzbekistan has clearly become more comfortable with 
trafficking in persons as a fairly safe item on the domestic 
political agenda that could at the same time boost its 
overall image on human rights and enhance ties with the West. 
 Thus, while TIP has been a bone of contention in the recent 
past it has the potential to become a bright spot in our 
relations if the Uzbeks are serious about conscientious 
implementation of their new law.  They seem to have the 
political will to do so. 
 
NORLAND