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TO AMEMBASSY TUNIS IMMEDIATE 0000

UNCLAS STATE 060581 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: KTIP ELAB KCRM KPAO KWMN PGOV PHUM PREL SMIG TS
SUBJECT: TUNISIA -- 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 Tunisia 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 Tunisia 
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 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 Tunisia 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 Tunisia,s country narrative in the 
2009 TIP Report: 
 
--------------------------- 
TUNISIA (TIER 2 WATCH LIST) 
--------------------------- 
 
Tunisia is a source, destination, and possible transit 
country for small numbers of men, women, and children 
trafficked for the purposes of forced labor and commercial 
sexual exploitation.  Several Tunisian trafficking victims 
were identified during the reporting period in foreign 
locations; two women were rescued from forced prostitution in 
Jordan and three men from forced labor in Italy.  Some 
Tunisian girls are trafficked within the country for domestic 
servitude.  A 2008 survey of 130 domestic workers in the 
Greater Tunis region found that 52 percent were under the age 
of 16; twenty-three percent claimed to be victims of physical 
violence, and 11 percent of sexual violence.  Ninety-nine 
percent indicated they had no work contracts and the majority 
received salaries below the minimum wage.  These conditions 
are indicators of possible forced labor.  In 2007, three 
Ukrainians were identified as having been trafficked to 
Tunisia for work in hotels and commercial sexual 
exploitation. 
 
The Government of Tunisia does not fully comply with the 
minimum standards for the elimination of trafficking, but is 
making significant efforts to do so.  Despite these 
significant overall efforts, including the conviction and 
sentencing of a trafficking offender and the signing of a 
cooperative agreement with Italy on trafficking and illegal 
migration, the government did not show evidence of progress 
in proactively identifying or protecting trafficking victims 
or raising public awareness of human trafficking over the 
last year; therefore, Tunisia is placed on Tier 2 Watch List. 
 Human trafficking is not perceived to be a problem in 
Tunisia; it is possible that victims of trafficking remain 
undetected because of a lack of effort to identify them among 
vulnerable groups. 
 
Recommendations for Tunisia:  Utilize existing criminal 
statutes on forced labor and forced prostitution to 
investigate and prosecute trafficking offenses and convict 
and punish trafficking offenders; undertake a baseline 
assessment to better understand the scope and magnitude of 
the human trafficking problem; draft and enact legislation 
that prohibits and adequately punishes all forms of human 
trafficking; and institute a formal victim identification 
mechanism to identify and refer trafficking victims to 
protection services. 
 
Prosecution 
----------- 
The Government of Tunisia made limited anti-trafficking law 
enforcement efforts during the reporting period; one known 
trafficking offender was brought to justice.  Tunisian laws 
do not specifically prohibit human trafficking, though 
trafficking offenders could be prosecuted under several laws 
that prohibit specific forms of trafficking in persons.  The 
Penal Code prescribes 10 years, imprisonment for capturing, 
detaining, or sequestering a person for forced labor; one to 
two years, imprisonment for forced child begging, and up to 
five years, imprisonment for forced prostitution of women 
and children.  The penalty for forced prostitution ) five 
years, imprisonment ) is sufficiently stringent, though not 
commensurate with penalties prescribed for other grave 
offenses, such as rape.  In April 2009, a Tunis court 
convicted and sentenced a Tunisian woman to three years, 
imprisonment under Article 218 of the penal code (violence 
with premeditation) for subjecting to domestic servitude and 
physically abusing a seven-year old girl.  The Ministry of 
Social Affairs, Solidarity and Tunisians Abroad is 
responsible investigating violations of the labor code and 
conducted approximately 30,000 labor inspections in 2008; it 
reported no known cases of forced labor or exploitative child 
labor to Tunisian courts in 2008.  There is no evidence that 
the government provided anti-trafficking training to law 
enforcement officials in 2008.  There is no evidence of 
official tolerance of or complicity in trafficking in 
persons. 
 
Protection 
---------- 
While the government did not provide protection services 
specifically for trafficking victims during the reporting 
period, women,s organizations provided services to at-risk 
groups of women and children with government support.  While 
the government does not operate care facilities for crime 
victims, its social workers provided direct assistance to 
abused women and children in two shelters operated by a local 
NGO; these shelters could provide assistance to trafficking 
victims.  The government encouraged the victim in the 
aforementioned legal case to testify against her trafficker 
during the court proceedings and provided her with medical 
care.  The Ministry of Women,s Affairs, Family, Children, 
and Elderly Persons employed a child protection delegate in 
each of Tunisia,s 24 districts to intervene in cases of 
sexual, economic, or criminal exploitation of children; these 
delegates ensured that child sexual abuse victims received 
adequate medical care and counseling and could potentially 
advocate for service provision for child victims of labor and 
sex trafficking.  The government lacked formal procedures to 
identify trafficking victims among vulnerable groups, such as 
illegal migrants and those arrested for prostitution.  As a 
result, trafficking victims, when not identified, may be 
vulnerable to deportation or other punishment if caught 
engaging in illegal acts under Tunisian law.  The government 
does not provide trafficking victims legal alternatives 
against removal to countries where they may face hardship or 
retribution. 
 
Prevention 
---------- 
The government made minimal efforts to prevent trafficking 
during the reporting period; there were no government 
campaigns to raise public awareness of trafficking or to 
reduce demand for commercial sex acts, but a 
government-sanctioned NGO hosted a symposium in December 2008 
that raised awareness about exploitation of women, 
particularly domestic workers, in the workplace.  The 
government monitored its borders closely to interdict 
smuggling rings and illegal immigration, but did not 
systematically screen for trafficking victims among illegal 
migrants.  In January 2009, Tunisia and Italy agreed to 
strengthen their cooperation to combat illegal immigration 
and human trafficking.  The government did not take any 
significant measures during the reporting period to reduce 
the demand for commercial sex acts.  Information was 
unavailable regarding specific measures adopted by the 
government to ensure its nationals deployed to peacekeeping 
missions do not facilitate or engage in human trafficking; 
members of the military, however, received training on 
international human rights  standards, which included human 
trafficking, as part of their 200 hours of required 
coursework. 
 
¶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 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 Tunisia included in the 2009 TIP Report? 
 
A:  Tunisia was ranked in the 2009 TIP Report because 
reliable information indicates that Tunisia is a country of 
origin, transit, or destination for victims of severe forms 
of trafficking.    Some Tunisian girls are trafficked within 
the country for domestic servitude; the government prosecuted 
at least one exploiter of a child domestic worker during the 
year.  A 2008 survey of domestic workers in the Greater Tunis 
region found that 52 percent were under the age of 16, 23 
percent were victims of physical violence, and 11 percent 
were victims of sexual violence; these conditions are 
indicators of possible forced labor.  In addition, for the 
first time, several Tunisian trafficking victims were 
identified during the reporting period in foreign locations. 
 
Q2:   Why was Tunisia placed on Tier 2 Watch List? 
 
A:  Tunisia was placed on Tier 2 Watch List because the 
government did not show evidence of progress in proactively 
identifying or protecting trafficking victims or raising 
public awareness of human trafficking over the last year. 
Human trafficking is not perceived to be a problem in 
Tunisia; it is possible that victims of trafficking remain 
undetected because of a lack of effort to identify them among 
vulnerable groups.  Trafficking victims, when not identified, 
may be vulnerable to deportation or other punishment if 
caught engaging in illegal acts under Tunisian law. 
 
Q3:   What progress has Tunisia made in the past year? 
 
A:  The Tunis court convicted and sentenced a Tunisian woman 
to three years, imprisonment for subjecting to domestic 
servitude and physically abusing a seven-year old girl.  The 
government encouraged the victim to testify against her 
trafficker during the court proceedings and provided her with 
medical care.  The government,s social workers provided 
direct assistance to abused women and children in two 
shelters operated by a local NGO which could provide 
assistance to trafficking victims.  The Ministry of Women,s 
Affairs, Family, Children, and Elderly Persons employed a 
child protection delegate in each of Tunisia,s 24 districts 
to ensure that child sexual abuse victims receive adequate 
medical care and counseling.  In January 2009, Tunisia and 
Italy agreed to strengthen their cooperation to combat 
illegal immigration and human trafficking. 
 
Q4:  What can Tunisia do to further its fight against 
trafficking in persons? 
 
A:  To advance its anti-trafficking efforts, the Government 
of Tunisia could:  utilize existing criminal statutes on 
forced labor and forced prostitution to investigate and 
prosecute trafficking offenses and convict and punish 
trafficking offenders; undertake a baseline assessment to 
better understand the scope and magnitude of the human 
trafficking problem; draft and enact legislation that 
prohibits and adequately punishes all forms of human 
trafficking; and institute a formal victim identification 
mechanism to identify and refer trafficking victims to 
protection services. 
 
¶12. The Department appreciates posts, assistance with the 
preceding action requests. 
CLINTON