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OO RUEHWEB

DE RUEHC #0583 1622352
ZNR UUUUU ZZH
O 112325Z JUN 09
FM SECSTATE WASHDC
TO AMEMBASSY SANAA IMMEDIATE 0000

UNCLAS STATE 060583 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: KTIP ELAB KCRM KPAO KWMN PGOV PHUM PREL SMIG YM
SUBJECT: YEMEN -- 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 Yemen 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 Yemen 
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 Yemen 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 Yemen,s country narrative in the 2009 
TIP Report: 
 
------------------------- 
YEMEN (TIER 2 WATCH LIST) 
------------------------- 
 
Yemen is a country of origin and, to a much lesser extent, 
transit and destination country for women and children 
trafficked for the purposes of forced labor and sexual 
exploitation.  Yemeni children, mostly boys, are trafficked 
across the northern border with Saudi Arabia or to the Yemeni 
cities of Aden and Sana,a for forced labor, primarily as 
beggars, but also for domestic servitude or work in small 
shops.  Some of these children are subjected to commercial 
sexual exploitation in transit or once they arrive in Saudi 
Arabia.  To a lesser extent, Yemen is also a source country 
for girls trafficked internally and to Saudi Arabia for 
commercial sexual exploitation.  Girls as young as 15 years 
old are exploited for commercial sex in hotels, casinos, and 
bars in the governorates of Mahweet, Aden, and Taiz.  The 
majority of child sex tourists in Yemen originate from Saudi 
Arabia, with a smaller number possibly coming from other Gulf 
nations.  Yemeni girls who marry Saudi tourists often do not 
realize the temporary and exploitative nature of these 
agreements and some are forced into prostitution or abandoned 
on the streets after reaching Saudi Arabia.  Yemen is a 
transit and destination country for women and children 
trafficked from Ethiopia and Somalia for the purpose of 
domestic servitude; female Somali refugees are reportedly 
trafficked by Somali men into prostitution in Aden and Lahj 
governorates and Yemeni gangs traffic African children to 
Saudi Arabia. 
 
The Government of Yemen does not fully comply with the 
minimum standards for the elimination of trafficking; 
however, it is making significant efforts to do so.  Despite 
these significant efforts, the Yemeni government did not show 
evidence of progress in prosecuting and punishing trafficking 
offenders or in preventing sex trafficking over the last 
year; therefore, Yemen is placed on Tier 2 Watch List.  The 
government reported no trafficking investigations, 
prosecutions, or convictions during the reporting period, and 
took no steps to address trafficking for commercial sexual 
exploitation.  It continued, however, to provide protection 
and reunification services to child victims repatriated from 
Saudi Arabia and made notable strides in raising awareness of 
child labor trafficking. 
 
Recommendations for Yemen:  Take law enforcement action 
against human trafficking; improve protection services 
available to victims of trafficking for commercial sexual 
exploitation; and institute a formal victim identification 
mechanism to identify and refer victims to protection 
services. 
 
Prosecution 
----------- 
Though the provision of anti-trafficking training to law 
enforcement officials increased over the reporting period, 
the Government of Yemen made no discernable efforts to 
prosecute or punish trafficking offenders, in contrast to six 
trafficking convictions obtained during the preceding 
reporting period.  Article 248 of the penal code prescribes 
10 years, imprisonment for anyone who &buys, sells, or 
gives as a present, or deals in human beings; and anyone who 
brings into the country or exports from it a human being with 
the intent of taking advantage of him.8  This prescribed 
penalty is commensurate with that for other grave crimes, 
such as rape.  Article 161 of the Child Rights Law 
specifically criminalizes the prostitution of children. 
Yemen,s Parliament considered draft legislation 
criminalizing child trafficking during the reporting period. 
Law enforcement officials reportedly tolerated internal 
trafficking in girls and women for the purposes of commercial 
sexual exploitation, making no known attempts to intervene 
during 2008.  In February 2009, however, Haradh police 
arrested a Yemeni man and a Saudi national in connection with 
an illegal marriage of a Yemeni girl to a Saudi tourist; this 
is the first penal action taken by the government against 
&temporary marriages,8 which may constitute child 
trafficking.  In the same month, a sting operation conducted 
by the Ministry of Interior resulted in the arrest of four 
individuals in Harath who were attempting to traffic 13 
children to Saudi Arabia.  In addition, in February 2009, the 
Ministry of Justice permanently removed a judge who approved 
a contract for the sale of a 26-year old slave.  During the 
year, the Ministry of Interior trained 5,000 police officers 
and border guards in the northern governorates, where child 
trafficking is most prevalent, on recognition and prevention 
of trafficking. 
 
Protection 
---------- 
The government made limited progress in protecting victims 
over the last year, but remained reluctant to acknowledge 
trafficking for commercial sexual exploitation.    In 
partnership with UNICEF and a local NGO, the government 
continued operation of two reception centers in Sana,a and 
Harath to rehabilitate child labor trafficking victims 
deported from Saudi Arabia.  These facilities received 583 
children during the reporting period ) two of whom had been 
sexually exploited ) and provided them with approximately 
two months of food, counseling, limited medical care, and 
family reunification services.  Through contributions of 
facilities, buses, and educational materials, the government 
also supported three NGO-run rehabilitation centers for child 
laborers in Sana,a, Sayun, and Aden, which provided food, 
basic health services, and vocational training; the centers 
are jointly funded by the government and ILO-IPEC.  The 
government-run al-Thawra Hospital in Sana,a provided free 
medical care for trafficked children and child laborers.  The 
government, however, did not provide protection services for 
internal sex trafficking victims or adult victims of 
trafficking, and only assisted foreign victims by referring 
their cases to foreign missions in Yemen.  For example, a 
Sudanese boy deported from Saudi Arabia to Sana,a in 2008 
was turned over to the Embassy of Sudan for repatriation. 
 
Child labor violations in Yemen, including forced child 
labor, were rarely reported, investigated, or prosecuted in 
major urban areas; investigations were nonexistent in more 
remote regions.  Twenty child labor investigators under the 
authority of the Ministry of Social Affairs and Labor (MOSAL) 
Child Labor Unit each received only a $15 monthly allowance 
to conduct regional travel and inspect farms, fisheries, and 
factories in Aden, Sana,a, and Sayun, limiting their 
effectiveness in counteracting child labor trafficking. 
Child labor trafficking victims were not jailed in Yemen in 
¶2008.  However, the government did not differentiate between 
voluntary and forced prostitution, and punished persons 
engaged in the commercial sex trade, including children.  The 
government did not employ procedures for proactively 
identifying victims of sex trafficking among high-risk groups 
and lacked a formalized victim referral process.  It was not 
known whether the government encouraged victims to assist in 
investigations against their traffickers.  There were no 
legal alternatives to the removal of foreign trafficking 
victims to countries in which they may face hardship or 
retribution. 
 
Prevention 
---------- 
Yemen made progress in preventing child labor trafficking 
during the reporting period, particularly by conducting 
far-reaching awareness campaigns and training programs, but 
did little to combat trafficking for sexual exploitation. 
MOSAL trained 1,560 local leaders ) sheikhs, teachers, and 
government officials ) in 2008 in the northern border 
governorates and other key areas with known child labor 
trafficking problems.  Through lectures at taxi stands, MOSAL 
officials also trained 650 taxi and small bus drivers in 
Hudeidah, Hajja, Saada, and Sana,a to recognize signs of 
trafficking and identify children being trafficked for labor 
purposes.  MOSAL also distributed 3,000 anti-trafficking 
posters and 5,000 stickers throughout the country.  The 
Ministry of Information produced and broadcast public service 
announcements on child labor on 60 radio stations and five 
television stations in urban centers across Yemen in 2008. 
In cooperation with a local NGO, the government also 
organized a Children,s Parliament that met three times in 
2008 to hear testimony from and question government officials 
on child labor and trafficking.  In August 2008, the 
government approved a three-year National Action Plan to 
combat child labor and sex trafficking.  A Technical 
Committee coordinates the government,s efforts to combat 
child trafficking and met quarterly in 2008.  Throughout the 
year, government officials continued to press ) without 
success ) counterparts in Saudi Arabia to sign a memorandum 
of understanding to increase joint cooperation on human 
trafficking.  The government, however, did not take any 
significant measures during the reporting period to reduce 
the demand for commercial sex acts or address the problem of 
child sex tourism.  Information was unavailable regarding 
measures, if any, adopted by the government to ensure its 
nationals deployed to peacekeeping missions do not facilitate 
or engage in human trafficking.  Yemen 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 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 Yemen downgraded to Tier 2 Watch List in the 
2009 TIP Report? 
 
A:  Yemen was placed on Tier 2 Watch List because the 
government did not show evidence of progress in prosecuting 
and punishing trafficking offenders or in preventing sex 
trafficking from occurring over the last year.  The 
government reported no trafficking investigations, 
prosecutions, or convictions during the reporting period, in 
contrast to six convictions obtained during the preceding 
reporting period.  It did not provide protection services for 
internal sex trafficking victims or adult victims of 
trafficking.  Moreover, the government did not differentiate 
between voluntary and forced prostitution, and punished 
persons engaged in the commercial sex trade, including 
children.  The government did not employ procedures for 
proactively identifying victims of sex trafficking among 
high-risk groups and lacks a formalized victim referral 
process. 
 
Q2:   What progress has Yemen made in the past year? 
 
A:  In February 2009, police arrested a Yemeni man and a 
Saudi national in connection with an illegal marriage of a 
Yemeni girl to a Saudi tourist.  A Ministry of Interior sting 
operation resulted in the arrest of four individuals 
attempting to traffic 13 children to Saudi Arabia.  In 
addition, the Ministry of Justice permanently removed a judge 
who approved a contract for the sale of a 26-year old slave. 
In partnership with UNICEF and a local NGO, the government 
continued operation of two reception centers to rehabilitate 
child labor trafficking victims deported from Saudi Arabia. 
Through contributions of facilities, buses, and educational 
materials, the government also supported three NGO-run 
rehabilitation centers for child laborers in Sana,a, Sayun, 
and Aden.  The Ministry of Social Affairs and Labor trained 
1,560 local leaders in the northern border governorates and 
other key areas with known child labor trafficking problems. 
Through lectures at taxi stands, it also trained 650 taxi and 
small bus drivers to recognize the signs of trafficking and 
identify children being trafficked for labor purposes.  The 
Ministry of Information produced and broadcast public service 
announcements on child labor on 60 radio stations and five 
television stations in urban centers. 
 
Q3:  What can Yemen do to further the fight against 
trafficking in persons? 
 
A:  To advance its anti-trafficking efforts, the Government 
of Yemen could:  Improve on the current absence of law 
enforcement efforts against human trafficking; improve 
protection services available to victims of trafficking for 
commercial sexual exploitation; and institute a formal victim 
identification mechanism to identify and refer victims to 
protection services. 
 
¶12. The Department appreciates posts, assistance with the 
preceding action requests. 
CLINTON