VZCZCXRO9708
PP RUEHAST RUEHFL RUEHLA RUEHMRE RUEHPOD RUEHROV RUEHSR
DE RUEHC #5145/01 3302256
ZNR UUUUU ZZH
P R 252248Z NOV 08
FM SECSTATE WASHDC
TO RUEHVEN/USMISSION USOSCE PRIORITY 5887
INFO ORG FOR SECURITY CO OP IN EUR COLLECTIVE

UNCLAS SECTION 01 OF 02 STATE 125145 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: OSCE PHUM PREL KTIP
SUBJECT: OSCE GUIDANCE: DRAFT MINISTERIAL DECISION ON 
ENHANCING CRIMINAL JUSTICE RESPONSES TO TRAFFICKING IN 
HUMAN BEINGS 
 
REF: USOSCE 285 
 
Per reftel request for guidance, the United States cannot 
accept the Belarussian addition to preambular paragraph nine 
referring to a global plan of action on preventing 
trafficking.  The United States, supported by the EU, has 
opposed this plan at the United Nations, because it would 
undermine the TIP Protocol, the role of the UN Conference of 
Parties to the Crime Convention, and because the final 
outcome of this plan undoubtedly be overly broad (lowest 
common denominator).  Once the reference to the global plan 
of action is removed, Post may authorized to join consensus 
on the text of draft ministerial decision MC.DD/11/08/Rev. 4, 
which will be discussed at the November 26 Preparatory 
Committee meeting. 
 
¶2. (U) Begin Approved Text. 
 
The Ministerial Council, 
 
 Highlighting its serious concern that trafficking in human 
beings remains widespread in the OSCE region, 
 
 Considering that trafficking in human beings is a grave and 
heinous crime that violates human dignity and undermines the 
enjoyment of human rights and fundamental freedoms, and that 
feeds organized criminal networks, 
 
 (Taking note) in this regard the entry into force of the 
Council of Europe Convention on Action against Trafficking in 
Human Beings, 
 
 Reaffirming all OSCE commitments to combat trafficking in 
human beings with special regard to the OSCE Action Plan to 
Combat Trafficking in Human Beings, including its Addendum on 
Addressing the Special Needs of Child Victims of Trafficking 
for Protection and Assistance (the OSCE Action Plan), and the 
need for their implementation, 
 
 Reiterating the important role of the Special Representative 
and Co-ordinator for Combating Trafficking in Human Beings 
(Special Representative) in assisting the participating 
States to implement the OSCE commitments on combating human 
trafficking, 
 
 Reiterating its concern that, despite sustained measures 
taken at the international, regional and national levels, the 
number of victims of human trafficking which have been 
identified and assisted remains limited, and few traffickers 
have been brought to justice, 
 
 Recognizing that providing victims of human trafficking with 
adequate protection and assistance and enhancing victim 
identification are among the prerequisites for an effective 
criminal justice response, including the prosecution of 
traffickers and their accomplices, to human trafficking, 
 
 Reiterating that the commitment to combat this crime applies 
equally to countries of origin, transit and destination, 
 
 Reaffirming our support for efforts by the participating 
States in co-operation with international and regional 
organizations, non-governmental organizations and other 
relevant bodies to (consider the advisability of elaborating) 
a comprehensive, co-ordinated and integrated approach to 
combating trafficking in human beings, which includes, inter 
alia, measures for preventing trafficking in human beings, 
protecting and assisting victims, with full respect for their 
human rights, and prosecuting traffickers, as well as to 
combating the activities of transnational criminal 
organizations and others that profit from the trafficking in 
human beings, 
 
 Taking note of the OSCE Conference on Successful Prosecution 
of Human Trafficking: Challenges and Good Practices that took 
place in Helsinki, on 10 and 11 September 2008, 
 
 Determined to enhance effective criminal justice responses 
to trafficking in human beings, 
 
¶1. Encourages those participating States that have not yet 
done so to ensure that all forms of trafficking in human 
beings as defined in the OSCE Action Plan are criminalized in 
their national legislation and that perpetrators of human 
trafficking do not enjoy impunity; 
 
 
STATE 00125145  002 OF 002 
 
¶2. Encourages the participating States to ensure that 
training on combating trafficking in human beings is included 
in the curricula for law enforcement personnel and that 
specialized anti-trafficking training is provided for 
relevant officials in national prosecution services and the 
judiciary. Each participating State will take into account 
policies and consequences regarding trafficking in human 
beings when instructing its military and civilian personnel 
to be deployed abroad; 
 
¶3. Urges the participating States to ensure that law 
enforcement agencies and where appropriate the judiciary 
co-operate with each other and with other bodies including 
social services, and where appropriate with relevant civil 
society organizations in order to enhance identification of 
victims of human trafficking; 
 
¶4. Encourages the participating States where appropriate and 
where provided for by their respective laws to ensure that 
civil society organizations engaged in protecting the rights 
of victims of trafficking have a possibility to provide 
assistance and support to victims also during criminal 
proceedings, and in this context, to consider establishing 
co-operation between law enforcement agencies and civil 
society organizations; 
 
¶5. Calls on the participating States to ensure that, when 
authorities have reasonable grounds to believe that a person 
is  a victim of human trafficking, that person, will not be 
deported until the identification process has been adequately 
completed, and that person has been given appropriate 
assistance, including, if required under domestic law, an 
appropriate recovery and reflection period during which 
deportation shall not be enforced; 
 
¶6. Encourages the participating States to ensure that victims 
of human trafficking have access without undue delay to 
secure accommodation, psychological and medical treatment and 
counseling regarding their legal rights and the services 
available to them; 
 
¶7. Calls on the participating States that have not yet done 
so to provide for special measures of protection and 
assistance for child victims of human trafficking throughout 
criminal proceedings, in accordance with the principles of 
the best interest of the child, (non-discrimination, 
participation and the opportunity for the child 
to be heard); 
 
¶8. Urges the participating States that have not yet done so 
to ensure that investigations into or prosecution of human 
trafficking shall not be dependent upon a report or 
accusation by a victim; 
 
¶9. (Encourages the participating States to provide assistance 
to victims of human trafficking willing to co-operate with 
law enforcement or to act as witness in criminal proceedings 
and to consider, on a case-by-case basis and in accordance 
with national legislation assisting those victims unwilling 
to do so); 
 
¶10. Encourages the participating States to take measures in 
accordance with the conditions under their respective laws so 
that victims of human trafficking have the possibility of 
obtaining fair and appropriate compensation for damage they 
have suffered, and to claim damages during criminal and/or 
civil proceedings as appropriate; 
 
¶11. Calls for increased co-operation by national law 
enforcement and prosecution agencies with relevant 
international bodies, including Interpol and Europol, and 
with the law enforcement agencies of other participating 
States, for example, through the use of liaison officers or 
joint investigative teams, where doing so would enhance the 
efficiency and effectiveness of criminal justice responses; 
 
¶12. Urges the participating States to intensify measures to 
disrupt trafficking networks, including by means of financial 
investigations, investigations of money laundering connected 
to human trafficking and the freezing or confiscation of the 
assets of human traffickers; 
 
¶13. (Tasks the Special Representative within existing 
resources as a part of regular reporting to the Permanent 
Council to submit recommendations which the Special 
Representative would develop in co-operation with 
participating States on ways to further enhance criminal 
justice responses to trafficking in human beings). 
 
End text. 
RICE