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OO RUEHWEB

DE RUEHC #0539 1622257
ZNR UUUUU ZZH
O 112230Z JUN 09
FM SECSTATE WASHDC
TO AMEMBASSY OUAGADOUGOU IMMEDIATE 0000

UNCLAS STATE 060539 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: KTIP ELAB KCRM KPAO KWMN PGOV PHUM PREL SMIG UV
SUBJECT: BURKINA FASO -- 2009 TIP REPORT: PRESS GUIDANCE 
AND           DEMARCHE 
 
REF: A. (A) STATE 59732 
     ¶B. (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 Burkina Faso 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 Burkina Faso 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 Burkina Faso 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 Burkina Faso,s country narrative in 
the 2009 TIP Report: 
 
------------------------ 
 
Burkina Faso (Tier 2) 
------------------------ 
Burkina Faso is a source, transit, and destination country 
for children and women trafficked for the purposes of forced 
labor and commercial sexual exploitation.  Most victims are 
children, trafficked within the country from rural areas to 
urban centers such as Ouagadougou and Bobo-Dioulasso, for 
domestic servitude, sexual exploitation, and forced labor in 
gold mines and stone quarries, and the agriculture sector. 
Burkinab children are also trafficked for the same purposes 
to other West African countries, most notably to Cte 
d,Ivoire, where many are subjected to forced agricultural 
labor, including on cocoa farms.  Children are also 
trafficked from Burkina Faso to Mali, Benin, Nigeria, Niger 
and Togo, and Ghana.  Burkinab children are also trafficked 
to Mali for forced begging by religious teachers.  In the 
past year, children were also trafficked from Burkina Faso to 
Sudan.  Children from these West African countries are 
trafficked to Burkina Faso for the same purposes listed 
above.  To a lesser extent, Burkina Faso is a source country 
for women lured to Europe with promises of jobs as maids, but 
who are forced into prostitution after arrival.  Women from 
Nigeria, Togo, Benin, Ghana, and Niger reportedly are 
trafficked to Burkina Faso for forced labor in bars or for 
commercial sexual exploitation. 
 
The Government of Burkina Faso does not fully comply with the 
minimum standards for the elimination of trafficking; 
however, it is making significant efforts to do so, despite 
limited resources.  Burkina Faso,s law enforcement efforts 
improved with the passage of legislation prohibiting all 
forms of trafficking that supersedes a prior law that 
criminalized only child trafficking.  The government also 
investigated and prosecuted an increased number of 
trafficking offenders, though sentences imposed on convicted 
traffickers remained low.  Protection efforts remained solid. 
 
Recommendations for Burkina Faso:  Increase penalties imposed 
on convicted trafficking offenders; train police and 
government social workers to identify trafficking victims 
among women in prostitution; ensure that sex trafficking 
victims are not penalized under anti-prostitution laws; and 
increase efforts to raise awareness about trafficking. 
 
Prosecution 
----------- 
The Government of Burkina Faso increased its law enforcement 
efforts to combat trafficking over the last year.  In May 
2008, the government passed Law 029-2008 on Combating 
Trafficking in Persons and Related Practices that prohibits 
all forms of trafficking and prescribes sentences of five 
years, to life imprisonment for those convicted of 
trafficking offenses. These penalties are sufficiently 
stringent and commensurate with those prescribed for rape. 
This law supersedes the nation,s 2003 Law No. 038-2003 
concerning the Definition of Child Trafficking which 
criminalized child trafficking and prescribed a maximum 
penalty of 10 years, imprisonment.  Burkina Faso,s Penal 
Affairs Officer reported that in 2008, the government 
arrested 40 child trafficking suspects, 16 of whom were 
cleared of all charges and released, and 11 of whom were 
prosecuted, convicted, and given sentences of one to twelve 
months, imprisonment.  Five of these traffickers were given 
sentences of far less than one years, imprisonment.  Four 
traffickers received sentences of six months which the court 
considered completed at the time of sentencing due to lengthy 
pre-trial detention since 2007.  An additional thirteen 
suspects are awaiting trial.  The government collaborated 
with international donors and NGOs to conduct 
anti-trafficking training for 165 lawyers, magistrates, 
security personnel, social workers, civil society activists, 
and local vigilance committee members throughout the country. 
 
 
Protection 
---------- 
The Government of Burkina Faso demonstrated solid efforts to 
protect trafficking victims over the last year.  Due to 
limited resources, the government did not provide services 
directly to victims.  When government authorities identified 
victims, however, they ensured that they received access to 
necessary services by referring them to NGOs and 
international organizations.  The Burkinab government 
reported that between January and December 2008, its security 
forces and regional anti-trafficking surveillance committees 
intercepted approximately 691 Burkinab and foreign child 
trafficking victims, 438 of whom were boys and 153 of whom 
were girls.  Two hundred forty-five of these children were 
being trafficked from Burkina Faso to neighboring West 
African countries, while three of these were being trafficked 
to Sudan.  The remaining children were victims of internal 
trafficking within Burkina Faso.  All of these children 
received care at one of 23 transit centers jointly funded by 
the government and UNICEF.  In 2008, the government 
contributed over $54,000 to these centers.  Assisted by 
donor-funding, government personnel helped to supervise the 
rehabilitation of 190 trafficking victims and helped to 
provide their families with micro-credit programs.  After 
victims receive care at transit centers, the government 
coordinates the repatriation of foreign nationals with 
counterparts in the victims, countries of origin, processes 
these victims, travel documents, and collaborates with 
donors to ensure a safe return.  Burkina Faso is a party to 
the ECOWAS-ECCAS 2006 anti-trafficking agreement and plan of 
action, through which officials in Burkina Faso in 2008 
cooperated with counterparts in nearby countries to intercept 
and repatriate 248 West African child trafficking victims, 
including 51 girls. Police do not exhibit any systematic 
effort to identify trafficking victims among women and girls 
in prostitution.  The government does not provide legal 
alternatives to the removal of foreign victims to countries 
where they face hardship or retribution.  Nationals of ECOWAS 
states, including trafficking victims, however, may legally 
reside and work in Burkina Faso.  Government officials 
encourage victims to assist in trafficking investigations or 
prosecutions. 
 
Prevention 
----------- 
The Government of Burkina Faso continued trafficking 
prevention efforts over the last year.  Government-operated 
media broadcast anti-trafficking and child labor radio and 
television programs, films, theater, and debates, often in 
collaboration with NGOs and reportedly targeting over 300,000 
people during the year.  In collaboration with NGOs and 
international organizations, the government held workshops 
and seminars for civil society groups and government 
officials on child trafficking, primarily on prevention, 
protection, rehabilitation, and reintegration.  The 
government made a financial contribution to these workshops. 
The national action plan against trafficking, which the 
government adopted in 2007, has yet to be implemented due to 
lack of funding.  In the last year, the National 
Anti-trafficking Committee met twice.    The government made 
no discernable efforts to reduce demand for forced and child 
labor in the country.  The government took some steps to 
reduce demand for commercial sex acts in Burkina Faso by 
closing a number of brothels in Ouagadougou in July 2008. 
 
 
¶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 is Burkina Faso on Tier 2? 
 
A:  The Government of Burkina Faso does not fully comply with 
the minimum standards for the elimination of trafficking; 
however, it is making significant efforts to do so, despite 
limited resources.  Burkina Faso,s law enforcement efforts 
improved with the passage of legislation prohibiting all 
forms of trafficking that supersedes a prior law that 
criminalized only child trafficking.  The government also 
investigated and prosecuted an increased number of 
trafficking offenders, though sentences imposed on convicted 
traffickers remained low.  Burkna Faso,s victim protection 
efforts during the last year remained solid. 
 
 
Q2:  What progress has Burkina Faso made in the past year? 
 
A:  The Government of Burkina Faso increased its law 
enforcement efforts to combat trafficking over the last year. 
 In May 2008, the government passed Law 029-2008 on Combating 
Trafficking in Persons and Related Practices that prohibits 
all forms of trafficking and prescribes sentences of five 
years, to life imprisonment for those convicted of 
trafficking offenses. These penalties are sufficiently 
stringent and commensurate with those prescribed for rape. 
This law supersedes the nation,s 2003 Law No. 038-2003 
concerning the Definition of Child Trafficking which 
criminalized child trafficking and prescribed a maximum 
penalty of ten years, imprisonment.  Burkina Faso,s Penal 
Affairs Officer reported that in 2008, the government 
arrested 40 child trafficking suspects, 11 of whom were 
prosecuted and convicted.  The Government of Burkina Faso 
demonstrated solid efforts to protect trafficking victims 
over the last year.  The Burkinab government reported that 
between January and December 2008, its security forces and 
regional anti-trafficking surveillance committees intercepted 
approximately 691 Burkinab and foreign child trafficking 
victims, 438 of whom were boys and 153 of whom were girls. 
 
 
Q3:  What can Burkina Faso do to further the fight against 
modern slavery? 
 
A:  Increase penalties imposed on convicted trafficking 
offenders; train police and government social workers to 
identify trafficking victims among women in prostitution; 
ensure that sex trafficking victims are not penalized under 
anti-prostitution laws; and increase efforts to raise 
awareness about trafficking. 
 
 
¶12. The Department appreciates posts, assistance with the 
preceding action requests. 
CLINTON