VZCZCXYZ0002
OO RUEHWEB

DE RUEHC #0561 1622330
ZNR UUUUU ZZH
O 112302Z JUN 09
FM SECSTATE WASHDC
TO AMEMBASSY BAMAKO IMMEDIATE 0000

UNCLAS STATE 060561 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: KTIP ELAB KCRM KPAO KWMN PGOV PHUM PREL SMIG ML
SUBJECT: MALI -- 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 Mali  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 Mali, 
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 Mali 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 Mali,s country narrative in the 2009 
TIP Report: 
 
-------------------------------- 
 
Mali  (TIER 2 Watch List) 
-------------------------------- 
 
Mali is a source, transit, and destination country for women 
and children trafficked for the purposes of forced labor and, 
to a lesser extent, commercial sexual exploitation.  In Mali, 
victims are trafficked from rural areas to urban centers, 
agricultural zones, and artisanal mining sites.  Victims are 
also trafficked between Mali and other West African 
countries.  Some notable destination countries for Malian 
child victims are Burkina Faso, Cote d,Ivoire, Guinea, 
Senegal, Mauritania, Niger, and Nigeria.  Women and girls are 
trafficked primarily for domestic servitude and, to a lesser 
extent, forced prostitution, while boys are trafficked for 
forced begging and forced labor in gold mines and 
agricultural settings both within Mali and to neighboring 
countries.  Reports in the last year indicate that Malian 
boys and girls are trafficked to Senegal and Guinea for labor 
in gold mines and to Cote d,Ivoire for forced labor on 
cotton and cocoa farms.   Boys from Mali, Guinea, Burkina 
Faso and other countries are trafficked by Koranic masters 
within Mali and across borders for forced begging and other 
forms of forced labor.   Adult men and boys, primarily of 
Songhai ethnicity, are subjected to the longstanding practice 
of debt bondage in the salt mines of Taoudenni in northern 
Mali.  Some members of Mali,s black Tamachek community are 
subjected to traditional slavery-related practices rooted in 
hereditary master-slave relationships. 
 
The Government of Mali 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.  Despite these overall significant efforts, the 
government failed to show evidence of progress in prosecuting 
and punishing trafficking offenders, and, therefore, Mali is 
placed on Tier 2 Watch List.  The government arrested three 
alleged child traffickers during the year; they were released 
pending trial dates which have not been set.  The government 
took some steps to protect victims and raise public awareness 
of trafficking. 
 
Recommendations for Mali:  Investigate and prosecute 
trafficking offenses, including cases of traditional slavery, 
and convict and punish trafficking offenders using existing 
laws;  criminalize the trafficking of adults for all 
purposes, including slavery;  develop a system for collecting 
data on trafficking crimes and the number of victims 
identified and referred by government authorities to service 
providers for care;  and increase efforts to raise public 
awareness about trafficking and traditional hereditary 
servitude. 
 
Prosecution 
------------ 
The Government of Mali demonstrated limited law enforcement 
efforts to combat trafficking during the last year.  Mali 
does not prohibit all forms of trafficking, though Article 
244 of the criminal code prohibits all forms of child 
trafficking.  Conviction of child trafficking carries a 
penalty of from five to 20 years, imprisonment.   Article 
229 of the criminal code criminalizes the sexual exploitation 
of children and forced prostitution of adult women.  Criminal 
Code Article 242, passed in 1973, prohibits individuals from 
entering into agreements or contracts that deprive third 
parties of their liberty. 
 
During the reporting period, the government arrested three 
suspected traffickers though it failed to prosecute any 
trafficking offenders.  A trial date has not yet been set for 
three individuals arrested in March 2008 for allegedly 
trafficking two Malian and 24 Guinean children to Mali from 
Guinea; they were released in June pending trial.  Six cases 
of traditional enslavement are pending in Malian courts. 
Judicial authorities have taken no action on any of these 
cases.  One of these cases involves a black Tamachek child 
taken from his parents in Kidal in September 2007 by an 
individual claiming traditional ownership rights over the 
child.  The child remains in the custody of this traditional 
master. 
Protection 
----------- 
The Government of Mali demonstrated moderate efforts to 
protect trafficking victims in the last year.  Due to its 
limited resources, the government does not operate any victim 
shelters or provide direct aid to victims.  Instead it refers 
victims to NGOs and international organizations for 
assistance. According to statistics provided by the Ministry 
for the Advancement of Women, Children and the Family, in 
2008 Mali assisted in the repatriation of 21 boys of Malian 
origin discovered in neighboring countries and 40 boys and 
one girl of other nationalities discovered within Mali.  The 
government also assisted with the return of four girls and 
one boy of Malian nationality trafficked within Mali. 
 
The government continued to provide in-kind assistance, such 
as land and buildings to NGOs providing services to 
trafficking victims.  These local NGOs and international 
organizations collaborated to repatriate the 41 non-Malian 
child trafficking victims discovered during the year.  Most 
cases of trafficking identified by NGOs are reported to the 
government, and an official from the Ministry for the 
Advancement of Women, Children and the Family coordinates the 
process of repatriation with a counterpart in the government 
of the victim,s country of origin.  In February 2009 
government officials in the towns of Gourma-Rharous and 
Bambara-Maounde facilitated the rescue of a woman held as a 
hereditary slave for 14 years.  Government authorities also 
facilitated the rescue of the former slave,s eight year old 
son. 
 
There were no reports in the past year of the government 
interviewing victims to gather evidence for investigation and 
prosecution of their traffickers or, in the case of slavery 
allegations, their alleged masters.  Mali does not provide 
legal alternatives to the removal of foreign victims to 
countries where they face hardship or retribution.  Victims 
are not inappropriately incarcerated or fined for unlawful 
acts committed as a direct result of being trafficked. 
 
Prevention 
----------- 
The Government of Mali made limited efforts to prevent 
trafficking, through awareness-raising or other means, during 
the last year.  The government participated in an 
NGO-sponsored campaign to educate potential victims, 
primarily children, and their parents about trafficking. 
Officials overseeing the collection of statistics about 
trafficking victims participated in a donor-funded training 
on how to collect and disseminate this information.  The 
government also assisted in organizing two IOM-funded 
anti-trafficking trainings, in June and December 2008, for 
NGOs on capacity building and information sharing.  The 
National Steering Committee Against Child Labor, which is 
comprised of 43 government, NGO and international 
organization members, met five times during the year.  Mali 
continued to work toward the formation of anti-trafficking 
committees in each of the country,s eight regions to 
coordinate local anti-trafficking efforts.  In 2008, Mali 
selected institutional members for each regional committee, 
including village leaders, mayors, and regional 
representatives.  The government took no visible measures to 
reduce the demand for forced labor, though it did take steps 
to reduce the demand for commercial sex acts within Mali 
through periodic raids of prostitution houses.  The 
government did not take measures to ensure that its nationals 
who are deployed abroad as part of international peacekeeping 
missions do not engage in or facilitate trafficking. 
 
 
¶9. Post may wish to deliver the following points, which offer 
technical and legal l 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 has Mali been downgraded to  Tier 2 Watch List? 
 
A:  The Government of Mali 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.  Despite these overall significant 
efforts, the government failed to show evidence of progress 
in prosecuting and punishing trafficking offenders, and, 
therefore, Mali is placed on Tier 2 Watch List. 
 
Q3:  What progress has Mali made in the last year? 
 
A:  During the last year, the government arrested three 
suspected traffickers.   According to statistics provided by 
the Ministry for the Advancement of Women, Children and the 
Family, in 2008 Mali assisted in the repatriation of 21 boys 
of Malian origin discovered in neighboring countries and 40 
boys and one girl of other nationalities discovered within 
Mali.  The government also assisted with the return of four 
girls and one boy of Malian nationality trafficked within 
Mali.  In February 2009 government officials in the towns of 
Gourma-Rharous and Bambara-Maounde facilitated the rescue of 
a woman held as a hereditary slave for 14 years.  The 
government participated in an NGO-sponsored campaign to 
educate potential victims, primarily children, and their 
parents about trafficking. 
 
Q3:  What can Mali do to further the fight against 
trafficking in persons? 
 
A: Investigate and prosecute trafficking offenses, including 
cases of traditional slavery, and convict and punish 
trafficking offenders using existing laws;  criminalize the 
trafficking of adults for all purposes, including slavery; 
develop a system for collecting data on trafficking crimes 
and the number of victims identified and referred by 
government authorities to service providers for care;  and 
increase efforts to raise public awareness about trafficking 
and traditional hereditary servitude. 
 
¶12. The Department appreciates posts, assistance with the 
preceding action requests. 
CLINTON