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DE RUEHC #0491 1622117
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O 112052Z JUN 09
FM SECSTATE WASHDC
TO AMEMBASSY DAMASCUS IMMEDIATE 0000

UNCLAS STATE 060491 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: KTIP ELAB KCRM KPAO KWMN PGOV PHUM PREL SMIG SY
SUBJECT: SYRIA -- 2009 TIP REPORT: PRESS GUIDANCE AND 
DEMARCHE 
 
REF: A. STATE 59732 
     ¶B. STATE 005577 
 
¶1. This is an action cable; see paras 5 through 7 and 10. 
 
¶2. On June 16, 2009, at 10:00 a.m. EDT, the Secretary will 
release the 2009 Trafficking in Persons (TIP) Report at a 
press conference in the Department's press briefing room. 
This release will receive substantial coverage in domestic 
and foreign news outlets.  Until the time of the Secretary's 
June 16 press conference, any public release of the Report or 
country narratives contained therein is prohibited. 
 
¶3. The Department is hereby providing Post with advance press 
guidance to be used on June 16 or thereafter.  Also provided 
is demarche language to be used in informing the Government 
of Syria of its tier ranking and the TIP Report's imminent 
release.  The text of the TIP Report country narrative is 
provided, both for use in informing the Government of Syria 
and in any local media release by Post's public affairs 
section on June 16 or thereafter.  Drawing on information 
provided below in paras 8 and 9, Post may provide the host 
government with the text of the TIP Report narrative no 
earlier than 1200 noon local time Monday June 15 for WHA, AF, 
EUR, and NEA countries and OOB local time Tuesday June 16 for 
SCA and EAP posts.  Please note, however, that any public 
release of the Report's information should not/not precede 
the Secretary's release at 10:00 am EDT on June 16. 
 
¶4. The entire TIP Report will be available on-line at 
www.state.gov/g/tip shortly after the Secretary's June 16 
release.  Hard copies of the Report will be pouched to posts 
in all countries appearing on the Report.  The Secretary's 
statement at the June 16 press event, and the statement of 
and fielding of media questions by G/TIP,s Director and 
Senior Advisor to the Secretary, Ambassador-at-Large Luis 
CdeBaca, will be available on the Department's website 
shortly after the June 16 event.  Ambassador de Baca will 
also hold a general briefing for officials of foreign 
embassies in Washington DC on June 17 at 3:30 pm EDT. 
 
¶5. Action Request: No earlier than 12 noon local time on 
Monday June 15 for WHA, AF, EUR, and NEA posts and OOB local 
time on Tuesday June 16 for SCA and EAP posts, please inform 
the appropriate official in the Government of Syria of the 
June 16 release of the 2009 TIP Report, drawing on the points 
in para 9 (at Post's discretion) and including the text of 
the country narrative provided in para 8.  For countries 
where the State Department has lowered the tier ranking, it 
is particularly important to advise governments prior to the 
Report being released in Washington on June 16. 
 
¶6. Action Request continued:  Please note that, for those 
countries which will not receive an "action plan" with 
specific recommendations for improvement, posts should draw 
host governments' attention to the areas for improvement 
identified in the 2009 Report, especially highlighted in the 
"Recommendations" section of the second paragraph of the 
narrative text.  This engagement is important to establishing 
the framework in which the government's performance will be 
judged for the 2010 Report.  If posts have questions about 
which governments will receive an action plan, or how they 
may follow up on the recommendations in the 2009 Report, 
please contact G/TIP and the appropriate regional bureau. 
 
¶7. Action Request continued: On June 16, please be prepared 
to answer media inquiries on the Report's release using the 
press guidance provided in para 11.  If Post wishes, a local 
press statement may be released on or after 10:30 am EDT June 
16, drawing on the press guidance and the text of the TIP 
Report's country narrative provided in para 8. 
 
¶8. Begin Final Text of Syria,s country narrative in the 2009 
TIP Report: 
 
-------------- 
SYRIA (Tier 3) 
-------------- 
Syria is principally a destination country for women and 
children trafficked for the purposes of domestic servitude 
and commercial sexual exploitation.  Women from Iraq, Eastern 
Europe, former Soviet states, Somalia, and Morocco are 
recruited as cabaret dancers and subsequently forced into 
prostitution after their employers confiscate their passports 
and confine them to their work premises.  A significant 
number of women and children in the large Iraqi refugee 
community in Syria are forced into sexual exploitation by 
criminal gangs or, in some cases, their families.  Some 
desperate Iraqi families reportedly abandon their girls at 
the border with the expectation that traffickers on the 
Syrian side would arrange forged documents for the children 
and &work8 in a nightclub or brothel.  Iraqi families 
arrange for young girls to work in clubs and to be "married," 
often multiple times, to men for the sole purpose of 
prostitution.  Some Iraqi women and girls who turn to 
prostitution out of economic desperation are trafficked back 
into Syria after they are arrested and deported.  Syria is 
becoming a destination for sex tourism by citizens of other 
Middle Eastern countries, due in part to the influx of Iraqi 
women and girls exploited in prostitution.   Syria is also a 
transit country for Iraqi women and girls trafficked to 
Kuwait, the UAE, and Lebanon for forced prostitution. 
 
Some women, mostly from South and Southeast Asia and East 
Africa, who are recruited to work in Syria as domestic 
servants are subjected to conditions of involuntary servitude 
by employers and some of the dozens of recruitment agencies 
-- many of which are unlicensed ) within Syria.  Their work 
as domestic servants is not covered by Syrian labor law. 
Contracts signed in the employee,s country of origin are 
often changed upon arrival in Syria, contributing to the 
employees, vulnerability to forced labor.  Some of these 
women are confined to the residences in which they work, and 
have their passports confiscated by their employers as a way 
of restraining their movement.  Employers sometimes 
physically abuse their foreign domestic workers.  The 
Governments of Sri Lanka, Indonesia, East Timor, and the 
Philippines ban their citizens from accepting employment as 
domestic workers in Syria, absent enhanced measures to 
regulate such employment, although this has not stopped the 
flow of workers into the country. 
 
The Government of Syria does not fully comply with the 
minimum standards for the elimination of trafficking and is 
not making significant efforts to do so.  Syria again did not 
report any law enforcement efforts to investigate and punish 
trafficking offenses over the past year.  Protection of 
trafficking victims remained inadequate overall, though the 
government opened a new shelter in cooperation with IOM in 
late 2008 and made plans to open a second shelter in 2009. 
The government made no significant efforts to inform the 
Syrian public about the practice of human trafficking or to 
reduce the demand for forced labor ) particularly the forced 
labor of domestic servants -- or commercial sex acts in 
Syria.  The government has drafted and is reviewing an 
anti-trafficking law, though it has not made the text public 
or indicated when the legislation might be enacted. 
 
Recommendations for Syria: Enact a law that criminalizes 
trafficking; investigate, prosecute, and punish offenders; 
institute a formal procedure to identify trafficking victims 
among vulnerable groups, such as girls and women found in 
prostitution, or foreigners detained for lack of immigration 
documentation, and refer these identified victims to 
providers of appropriate care; and undertake a campaign to 
raise public awareness of trafficking. 
 
Prosecution 
----------- 
The Government of Syria made no reported efforts to 
investigate or punish trafficking crimes during the past 
year, though the government reportedly closed several labor 
recruitment agencies that may have been involved in 
recruiting workers through fraudulent means for the purpose 
of exploitation.  Syria continued to lack anti-trafficking 
legislation, without which the police were stymied in 
identifying potential victims and investigating suspected 
trafficking offenses.  During the year, the government showed 
signs of nascent recognition of Syria,s trafficking problem. 
 Anti-trafficking legislation was drafted and reviewed by the 
Cabinet and Parliament during the year, though it was not 
passed or enacted.  Without an adequate trafficking law, 
authorities could use existing statutes prohibiting 
kidnapping, forced prostitution, forced labor, and illegal 
entry into Syria, to prosecute some trafficking cases; 
however, there was no evidence that they did so. 
The 1961 anti-prostitution law criminalizes bringing a person 
into the country for the purpose of prostitution, and 
prohibits prostituting a minor less than 16 years old, with a 
prescribed penalty of one to seven years, imprisonment.  The 
General Penal Code imposes a three-year prison term and 
nominal fine for exploitation of prostitution by force, 
fraud, or coercion.  These penalties are not commensurate 
with the penalties prescribed for rape.  Decree 29 of 1970, 
which regulates immigration, stipulates that "any foreigner 
who tries to enter the country with false documents and 
anyone who aided that person is subject to imprisonment of 
three months to one year.8  In practice, however, these laws 
are not targeted toward, or enforced against, traffickers.  A 
2005 law on money laundering and terrorism financing 
authorizes prosecution of anyone who receives illicit funds 
from, inter alia, &trading in people,8 although there is no 
information indicating that anyone has been prosecuted under 
this provision. 
 
Protection 
---------- 
During the year, the Syrian government made modest progress 
in protecting trafficking victims.  The government donated 
building space for a new trafficking shelter opened in 
Damascus in late 2008, and made plans to open a second 
shelter in Aleppo later this year.  These shelters offer 
legal and medical services and psychological counseling to 
victims of domestic violence and human trafficking.  Referral 
of trafficking victims to shelters or NGOs remained informal 
absent enactment of anti-trafficking legislation or 
development of a formal anti-trafficking policy.  In some 
cases, Iraqi refugee women who were identified as victims of 
trafficking were moved from detention facilities to shelters. 
 The government continues to lack formal victim 
identification procedures to identify potential trafficking 
victims.  As a result, victims of trafficking may have been 
arrested and charged with prostitution or violating 
immigration laws.  There were reports, however, that some 
women arrested for prostitution and subsequently identified 
as victims of trafficking were referred to shelters; this is 
a positive development.  Also, Syrian immigration authorities 
worked with IOM and foreign embassies to arrange for 
repatriation of several women, most of whom had escaped from 
abusive situations as domestic workers.  Syria did not 
actively encourage victims to assist in investigations or 
prosecutions of their traffickers and did not provide foreign 
victims with legal alternatives to their removal to countries 
in which they may face hardship or retribution. 
 
Prevention 
---------- 
During the past year, the government took minimal steps to 
prevent trafficking.  Syria did not conduct any campaigns to 
educate the public about trafficking, or take any measures to 
reduce the demand for commercial sex acts.  Similarly, the 
government did not undertake any public awareness campaigns 
against child sex tourism.  Together with IOM, the government 
provided training to Syrian border immigration officials on 
combating fraudulent documents, which included a 
trafficking-awareness component.  Syria has not ratified the 
2000 UN TIP Protocol. 
 
-------------------------------- 
 
 
¶9. Post may wish to deliver the following points, which offer 
technical and legal background on the TIP Report process, to 
the host government as a non-paper with the above TIP Report 
country narrative: 
 
(begin non-paper) 
 
-- The U.S. Congress, through its passage of the 2000 
Trafficking Victims Protection Act, as amended (TVPA), 
requires the Secretary of State to submit an annual Report to 
Congress.  The goal of this Report is to stimulate action and 
create partnerships around the world in the fight against 
modern-day slavery.  The USG approach to combating human 
trafficking follows the TVPA and the standards set forth in 
the Protocol to Prevent, Suppress and Punish Trafficking in 
Persons, Especially Women and Children, supplementing the 
United Nations Convention against Transnational Organized 
Crime (commonly known as the "Palermo Protocol").  The TVPA 
and the Palermo Protocol recognize that this is a crime in 
which the victims, labor or services (including in the "sex 
industry") are obtained or maintained through force, fraud, 
or coercion, whether overt or through psychological 
manipulation.  While much attention has focused on 
international flows, both the TVPA and the Palermo Protocol 
focus on the exploitation of the victim, and do not require a 
showing that the victim was moved. 
 
-- Recent amendments to the TVPA removed the requirement that 
only countries with a "significant number" of trafficking 
victims be included in the Report. Beginning with the 2009 
TIP Report, countries determined to be a country of origin, 
transit, or destination for victims of severe forms of 
trafficking are included in the Report and assigned to one of 
three tiers.  Countries assessed as meeting the "minimum 
standards for the elimination of severe forms of trafficking" 
set forth in the TVPA are classified as Tier 1.  Countries 
assessed as not fully complying with the minimum standards, 
but making significant efforts to meet those minimum 
standards are classified as Tier 2.  Countries assessed as 
neither complying with the minimum standards nor making 
significant efforts to do so are classified as Tier 3. 
 
-- The TVPA also requires the Secretary of State to provide a 
"Special Watch List" to Congress later in the year. 
Anti-trafficking efforts of the countries on this list are to 
be evaluated again in an Interim Assessment that the 
Secretary of State must provide to Congress by February 1 of 
each year.  Countries are included on the "Special Watch 
List" if they move up in "tier" rankings in the annual TIP 
Report -- from 3 to 2 or from 2 to 1 ) or if they have been 
placed on the Tier 2 Watch List. 
 
-- Tier 2 Watch List consists of Tier 2 countries determined: 
(1) not to have made "increasing efforts" to combat human 
trafficking over the past year; (2) to be making significant 
efforts based on commitments of anti-trafficking reforms over 
the next year, or (3) to have a very significant number of 
trafficking victims or a significantly increasing victim 
population.  As indicated in reftel B, the TVPRA of 2008 
contains a provision requiring that a country that has been 
included on Tier 2 Watch List for two consecutive years after 
the date of enactment of the TVPRA of 2008 be ranked as Tier 
¶3.  Thus, any automatic downgrade to Tier 3 pursuant to this 
provision would take place, at the earliest, in the 2011 TIP 
Report (i.e., a country would have to be ranked Tier 2 Watch 
List in the 2009 and 2010 Reports before being subject to 
Tier 3 in the 2011 Report).  The new law allows for a waiver 
of this provision for up to two additional years upon a 
determination by the President that the country has developed 
and devoted sufficient resources to a written plan to make 
significant efforts to bring itself into compliance with the 
minimum standards. 
 
-- Countries classified as Tier 3 may be subject to statutory 
restrictions for the subsequent fiscal year on 
non-humanitarian and non-trade-related foreign assistance 
and, in some circumstances, withholding of funding for 
participation by government officials or employees in 
educational and cultural exchange programs.   In addition, 
the President could instruct the U.S. executive directors to 
international financial institutions to oppose loans or other 
utilization of funds (other than for humanitarian, 
trade-related or certain types of development assistance) 
with respect to countries on Tier 3.  Countries classified as 
Tier 3 that take strong action within 90 days of the Report's 
release to show significant efforts against trafficking in 
persons, and thereby warrant a reassessment of their Tier 
classification, would avoid such sanctions.  Guidelines for 
such actions are in the DOS-crafted action plans to be shared 
by Posts with host governments. 
 
-- The 2009 TIP Report, issuing as it does in the midst of 
the global financial crisis, highlights high levels of 
trafficking for forced labor in many parts of the world and 
systemic contributing factors to this phenomenon:  fraudulent 
recruitment practices and excessive recruiting fees in 
workers, home countries; the lack of adequate labor 
protections in both sending and receiving countries; and the 
flawed design of some destination countries, "sponsorship 
systems" that do not give foreign workers adequate legal 
recourse when faced with conditions of forced labor.  As the 
May 2009 ILO Global Report on Forced Labor concluded, forced 
labor victims suffer approximately $20 billion in losses, and 
traffickers, profits are estimated at $31 billion.  The 
current global financial crisis threatens to increase the 
number of victims of forced labor and increase the associated 
"cost of coercion. " 
 
-- The text of the TVPA and amendments can be found on 
website www.state.gov/g/tip. 
 
-- On June 16, 2009, the Secretary of State will release the 
ninth annual TIP Report in a public event at the State 
Department.  We are providing you an advance copy of your 
country's narrative in that report.  Please keep this 
information embargoed until 10:00 am Washington DC time June 
¶16.  The State Department will also hold a general briefing 
for officials of foreign embassies in Washington DC on June 
17 at 3:30 pm EDT. 
 
(end non-paper) 
 
¶10. Posts should make sure that the relevant country 
narrative is readily available on or though the Mission's web 
page in English and appropriate local language(s) as soon as 
possible after the TIP Report is released.  Funding for 
translation costs will be handled as it was for the Human 
Rights Report.  Posts needing financial assistance for 
translation costs should contact their regional bureau,s EX 
office. 
 
¶11. The following is press guidance provided for Post to use 
with local media. 
 
Q1:   Why was Syria given a Tier 3 ranking? 
 
A:    Syria was placed on Tier 3 because the government made 
no significant efforts to investigate and punish trafficking 
offenses or adequately protect victims of trafficking over 
the last year. Syria continued to lack anti-trafficking 
legislation, which hinder the ability of the police to 
investigate suspected trafficking offenses.  Authorities 
could use existing statutes to prosecute some trafficking 
cases; however, there was no evidence that they did so. 
Syria did not conduct any campaigns to educate the public 
about trafficking, or take any measures to reduce the demand 
for commercial sex acts.  Similarly, the government did not 
undertake any public awareness campaigns against child sex 
tourism. 
 
Q2:   Has Syria made any progress in combating trafficking 
although the tier ranking has remained the same since 2008? 
 
A:     The government reportedly closed several labor 
recruitment agencies that may have been involved in 
recruiting workers through fraudulent means for the purpose 
of exploitation.  Anti-trafficking legislation was drafted 
and reviewed by the Cabinet and Parliament.  The government 
donated building space for a new trafficking shelter opened 
in Damascus in late 2008.  Together with IOM, the government 
provided training to Syrian border immigration officials on 
combating fraudulent documents, which included a 
trafficking-awareness component. 
 
Q3:   What can Syria do to further the fight against 
trafficking in persons? 
 
A:    The Syrian government could: Enact a law that 
criminalizes trafficking; investigate, prosecute, and punish 
offenders; institute a formal procedure to identify 
trafficking victims among vulnerable groups, such as girls 
and women found in prostitution, or foreigners detained for 
lack of immigration documentation, and refer these identified 
victims to providers of appropriate care; and undertake a 
campaign to raise public awareness of trafficking. 
 
 
¶12. The Department appreciates posts, assistance with the 
preceding action requests. 
CLINTON