VZCZCXYZ0019
PP RUEHWEB

DE RUEHTU #0095/01 0510821
ZNR UUUUU ZZH
P 200821Z FEB 09
FM AMEMBASSY TUNIS
TO RUEHC/SECSTATE WASHDC PRIORITY 5982
INFO RUCNMGH/MAGHREB COLLECTIVE PRIORITY
RUEATRS/DEPT OF TREASURY WASHINGTON DC PRIORITY
RUEHC/DEPT OF LABOR WASHDC PRIORITY
RUEAWJB/DEPARTMENT OF JUSTICE WASHDC PRIORITY
RUEAHLC/DEPT OF HOMELAND SECURITY WASHINGTON DC PRIORITY

UNCLAS TUNIS 000095 
 
SENSITIVE 
SIPDIS 
 
STATE FOR G/TIP (MTAYLOR), G-ACBLANK, NEA/MAG (MHAYES) G, 
INL, DRL, PRM 
 
E.O. 12958: N/A 
TAGS: ELAB KCRM KFRD KWMN PGOV PHUM PREF SMIG
ASEC, TS 
SUBJECT: TUNISIA - 2009 TRAFFICKING IN PERSONS (TIP) REPORT 
 
REF: A. TUNIS 76 
     ¶B. STATE 5577 
     ¶C. 08 STATE 132759 
 
¶1. This cable responds to taskers in Refs B and C.  Post POC 
for TIP related issues is Laura Byergo, (Tel) 216-71-107-306, 
(Fax) 216-71-107-053.  Number of hours spent by rank: 1 hr 
FE-MC, 2 hrs FE-OC, 2 hrs FS-01, 25 hrs FS-02. 
 
¶2.  Begin TIP responses.  Paragraphs below are keyed to the 
questions asked in paragraphs 23-27 in Ref C. 
 
¶3.  The Country's TIP Situation (para 23) 
 
¶A.  Sources of Available Information on Trafficking in 
Persons:  The GOT has not responded to Post's request for 
meetings related to this tasker nor has it responded to the 
questions asked in Ref B, as conveyed to the Ministry of 
Foreign Affairs via diplomatic note.  Post consulted with 
other relevant organizations to compile this response, 
including the International Organization for Migration, 
UNICEF, the General Union of Tunisian Workers (UGTT), 
diplomatic missions in Tunis, and local and international 
press coverage of illegal immigration issues.  Post believes 
that the information from these sources is reliable.  The GOT 
provided only written responses to request for information 
for the 2008 TIP report however, we believe that engaging 
with the GOT is the only way to increase the exchange of 
information and we will continue to pursue this avenue as the 
best way to increase documentation of the presence or absence 
of human trafficking. 
 
¶B.  Tunisia is not identified as a country of origin, 
transit, and or destination for internationally trafficked 
people.  Local and international NGOs and missions all 
reported there was no evidence of trafficking in persons in 
Tunisia.  Non-governmental contacts report that there was no 
evidence of coercion, fraud, or use of force to induce 
migrations 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 in Europe independently of any organized 
criminal or trafficking network.  Tunisia's geographic 
location makes it attractive to illegal migrants, both 
Tunisians and foreigners, attempting to reach Europe but the 
migrant flow is small compared to Morocco or Libya.  Many 
Tunisian migrants prefer to go through Libya rather than 
depart from Tunisia.  The GOT works hard to secure its 
borders for security reasons and therefore has the laws and 
resources in place to minimize illegal migration across its 
borders.  Additionally, Tunisia's small, homogeneous and 
educated population helps diminish the likelihood of 
trafficking and exploitation.  Comprehensive government laws 
and policies focused on social justice and equality mean 
Tunisia is well prepared to combat the international 
phenomenon of trafficking in persons.  Government officials 
are knowledgeable about the international problem, and the 
GOT has undertaken legal and practical steps to prevent its 
emergence in Tunisia and to coordinate with those fighting 
the problem in neighboring countries.  There was no evidence 
of forced labor in Tunisia, and the GOT actively manages and 
supervises the labor market, including the market for 
domestic employees. 
 
C-E. Not applicable (N/A). 
 
¶4.  Setting the Scene for the Government's Anti-TIP Efforts 
(para 24) 
 
¶A.  The GOT does not identify trafficking in persons as a 
problem in Tunisia.  Although the GOT is serious about 
enforcing legislation designed to combat illegal migration 
and trafficking, Tunisia does not have a law specifically 
prohibiting trafficking.  Therefore, there were no 
investigations or arrests specifically designated as 
trafficking in 2008.  However, there are a number of laws 
under which traffickers could be punished.  The Tunisian 
passport law (No 6/2004) was amended in 2004 to include 
punishments for anyone who "guides, arranges, facilitates, 
assists, acts as an intermediary, or organized the 
surreptitious entry or exit, even without remuneration, of an 
individual to or from Tunisia by land, sea or air." 
Violators face imprisonment for up to twenty years and a fine 
of 100,000 Tunisian dinars (approximately $70,000) if the 
crime results in death.  Traffickers could also be prosecuted 
under laws prohibiting slavery, bonded labor, and the misuse 
of boats.  Slavery was banned in Tunisia in 1846, and in 1966 
Tunisia ratified the 1926 League of Nations Slavery 
Convention and related UN protocols.  Economic, sexual or 
criminal exploitation, as well as forced labor, prostitution, 
participation in armed conflict, displacement and any other 
form of servitude is illegal.  The penal code stipulates that 
government employees be sentenced to life imprisonment for 
document forgery.  In order to combat illegal migration by 
sea, marine laws were amended in 2004 (No. 3/2004 and No. 
4/2004) to require all boats with motors larger than five 
horsepower to inform the National Guard of its route and 
passengers before leaving port, or face a fine of 1,000 
Tunisian dinars (approximately $710).  All related 
international agreements also have the effect of codified law 
once ratified. 
 
There were no investigations, prosecutions, convictions, or 
sentences for offenses that were explicitly defined as 
trafficking during the reporting period.  Throughout the year 
illegal migrants from Tunisia and elsewhere were intercepted 
off or washed up on, Tunisia's coastline which indicates the 
potential for trafficking.  Most recently, January 19, 2009 a 
small fishing boat intended for 12 people maximum but 
overloaded with 35 Tunisians sank about two miles off the 
coast of La Marsa just north of Tunis.  The accident 
generated a lot of press coverage because most of the 
passengers were from the immediate area of Tunis.  The police 
arrested several people in association with stealing the boat 
as well as the boat owner.  There were rumors that the 
migrants paid 2,000 Tunisian dinars (approximately $1,430) to 
board the boat.  In addition, the Italian embassy reports the 
number of Tunisians arriving at the island of Lampadusa, a 
major transit point for illegal migration, increased 
significantly the end of 2008.  Still, there is no evidence 
that these migrants are being trafficked.  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  sevitude, 
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. 
 
¶B.  No government ministry has been specifically designated 
as the lead agency for trafficking.  However, several 
ministries are involved with enforcing the network of laws 
that cover immigration and social welfare issues including 
the ministries of: Justice and Human Rights; Interior and 
Local Development; Social Affairs, Solidarity and Tunisians 
Abroad; and Women, Family, Children and Senior Citizen's 
Affairs.  The government assigns a child protection delegate 
to each of Tunisia's districts to ensure that child sexual 
abuse victims receive adequate medical care and counseling. 
The GOT employs government workers, including social workers, 
to assist in shelters for abused women and children operated 
by the Tunisian National Women's Union.  The GOT also uses 
its embassy Social Affairs attaches posted in countries with 
large Tunisian expatriate communities to inform Tunisians of 
their rights. 
 
¶C. N/A 
 
¶D. N/A 
 
¶5.  Investigations and Prosecutions of Traffickers (para 25): 
 
¶A.  Please see section 24A.  Tunisia did not enact any laws 
specifically related to trafficking in persons in 2008. 
 
¶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.  Government statistics 
on child exploitation do not indicate how many were victims 
of commercial sexual exploitation nor do they include the 
sentences for those convicted of involvement.  The GOT has 
not yet published statistics related to child welfare for 
¶2008. 
 
¶C.  The Tunisian labor code is comprehensive and strictly 
enforced.  Slavery, forced, and bonded labor are banned by 
the constitution, national laws, and international 
conventions.  There were no reported cases regarding forced 
labor in the Tunisian courts in 2008.  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 is not 
a destination for labor migrants. 
 
¶D.  The maximum 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 ten, even without the 
use or threat of violence.  In practice the death penalty has 
not been implemented since 1991.  For all other rape cases 
(i.e. without consent of the victim) 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.  The GOT did not prosecute any cases against human 
trafficking offenders during the reporting period. 
 
¶F.  GOT officials are knowledgeable about trafficking issues, 
but the GOT did not publicize or otherwise inform the Embassy 
of any specialized training for government officials in 
trafficking issues during the reporting period. 
 
¶G.  The GOT does cooperate with other countries to secure its 
borders, to prevent illegal migration, and to protect its 
citizens abroad.  However, there were no reported cases of 
international cooperation specifically related to trafficking 
in persons in the reporting period.  The Tunisian penal code 
allows for the punishment of individuals who commit crimes of 
debauchery outside of the country. 
 
¶H.  N/A 
 
¶I.  There is no evidence of GOT involvement in or tolerance 
of trafficking on a local or institutional level. 
 
¶J.  N/A 
 
¶K.  Prostitution is illegal under the penal code, which 
includes punishments for prostitutes, clients, and 
intermediaries, and is 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 
$350).  Enforcement and prosecution of prostitution laws is 
strict.  However, in a small number of Tunisian cities, 
prostitution is legally organized and supervised by the 
Ministry of Interior in confined areas. 
 
¶L.  There was no evidence that Tunisian peacekeepers deployed 
abroad engaged in or facilitated trafficking. 
 
¶M.  None of our sources identified child sex tourism as a 
problem and there are no public statistics on the number of 
pedophiles prosecuted or extradited.  However, there was a 
least one press report that discussed the problem, possibly 
growing, of children living on the street and their 
vulnerability.  International NGOs reported that the GOT was 
studying the problem of street children during the reporting 
period.  See also sections 25B and D. 
 
¶6.  Protection and Assistance to Victims (para 26): 
 
¶A.  Neither international organizations nor the government 
reported evidence of the presence of foreign or domestic 
trafficking organizations in Tunisia.  As there was no 
evidence of trafficking, the government provided no dedicated 
support to organizations for services to trafficking victims 
or witnesses and there were no organizations specifically 
undertaking this effort. 
 
¶B.  The government does not have victim care facilities. 
However, the GOT generally cooperates with UNHCR and other 
humanitarian organizations in assisting refugees and asylum 
seekers.  There are several private charities and 
government-sponsored NGOs that offer assistance to illegal 
immigrants entering the country.  UNHCR reported that none of 
the people it interviewed during 2008 provided any 
indications that they had been trafficked.  The GOT does fund 
centers that provide limited shelter and assistance to 
children without parents and operates juvenile reform 
centers.  See also section 24B.  Two private NGOs operate 
women's shelters that could be utilized by trafficking 
victims. 
 
¶C.  N/A 
 
D-G.  N/A 
 
H-J.  The GOT does not proactively identify victims of 
trafficking among high-risk persons and therefore does not 
encourage victims to assist in the investigation and 
prosecution of trafficking per se. 
 
¶K.  The GOT did not report that it had provided any 
specialized training for government officials in identifying 
trafficking victims. 
 
¶L. N/A 
 
¶M.  UNHCR, IOM, and UNICEF are present in Tunisia and report 
that the government is generally cooperative in assisting 
them in their work. 
 
¶7. Prevention (para 27): 
 
¶A. N/A 
 
¶B. N/A 
 
¶C.  There is no specific interagency mechanism or task force 
established to deal with trafficking; however, the government 
works across agencies to handle illegal immigration issues 
and to control illegal labor, prostitution and other social 
issues. 
 
¶D.  As there was no evidence of trafficking in persons the 
government does not have a national plan to deal with this 
issue. 
 
E-F.  The government did not report any actions or campaigns 
to reduce demand for commercial sex or to reduce 
participation by its nationals in international sex tourism. 
 
¶G.  The government did not report any measures to ensure its 
nationals deployed as peacekeepers do not engage in or 
facilitate trafficking. 
Godec