VZCZCXYZ0001
OO RUEHWEB

DE RUEHC #0596 1630015
ZNR UUUUU ZZH
O 112350Z JUN 09
FM SECSTATE WASHDC
TO AMEMBASSY ANTANANARIVO IMMEDIATE 0000

UNCLAS STATE 060596 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: KTIP ELAB KCRM KPAO KWMN PGOV PHUM PREL SMIG MA
SUBJECT: MADAGASCAR -- 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 Madagascar 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 Madagascar 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 Madagascar 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 Madagascar,s country narrative in the 
2009 TIP Report: 
 
------------------- 
MADAGASCAR (TIER 2) 
------------------- 
 
Madagascar is a source country for women and children 
trafficked for the purposes of forced labor and sexual 
exploitation.  Children, mostly from rural areas, are 
trafficked within the country for domestic servitude, 
commercial sexual exploitation, forced marriage, forced labor 
for traveling vendors, and possibly forced labor in mining, 
fishing, and agriculture.  Some child sex trafficking occurs 
with the involvement of family members, friends, transport 
operators, tour guides, and hotel workers.  A child sex 
tourism problem exists in coastal cities, including Tamatave, 
Nosy Be, and Diego Suarez, as well as the capital city of 
Antananarivo; some children are recruited for work in the 
capital using fraudulent offers of employment as waitresses 
and maids before being exploited in the commercial sex trade 
on the coast.  The main sources of clients for child sex 
tourism are France, Italy, Spain, Germany, Switzerland, and 
Reunion.  Victims are usually girls, but reports of male 
tourists seeking sex with underage boys have increased. 
Young Malagasy women are trafficked within the country for 
domestic servitude and sexual exploitation, as well as in 
small numbers to the Middle East for domestic servitude. 
 
The Government of Madagascar does not fully comply with the 
minimum standards for the elimination of trafficking but is 
making significant efforts to do so.  This report covers the 
efforts of the Malagasy government until January 2009,s 
political unrest, which resulted in an unlawful change in 
government in March.  Efforts to verify implementation of the 
laws during the remainder of the reporting period, if any, 
were difficult given the level of political instability. The 
new regime,s policies and perspectives on Madagascar,s 
human trafficking problem are unknown; it remains to be seen 
whether the new government will maintain the previous 
administration,s keen interest in combating trafficking. 
While the government sustained its efforts to raise awareness 
of child sex trafficking, lack of institutional capacity and 
funding remained significant impediments to its 
anti-trafficking efforts, particularly impacting the 
effectiveness of law enforcement activities. 
 
Recommendations for Madagascar:  Utilize the anti-trafficking 
law to prosecute trafficking offenses, including those 
involving forced labor, and punish trafficking offenders; 
institute a formal process for law enforcement officials to 
document trafficking cases and refer victims of both labor 
and sex trafficking for assistance; increase efforts to raise 
public awareness of labor trafficking; and investigate and 
prosecute public officials suspected of trafficking-related 
complicity. 
 
Prosecution 
----------- 
Although the government enacted anti-trafficking legislation 
in January 2008, it reported no investigations or convictions 
of trafficking offenders during the reporting period and was 
unable to provide statistics regarding its anti-trafficking 
law enforcement efforts.  Anti-Trafficking Law No. 2007-038, 
adopted in January 2008, prohibits all forms of human 
trafficking, though it only prescribes punishments for sex 
trafficking; these range from two years, to life 
imprisonment, penalties that are sufficiently stringent and 
commensurate with those prescribed for other grave crimes. 
The Ministry of Justice disseminated copies of the new law to 
all 22 regions during the year and magistrates received 
training in its use.  Article 262 of the Labor Code 
criminalizes labor trafficking, for which it prescribes 
inadequate penalties of one to three years, imprisonment. 
Decree 2007-563 prohibits various forms of child labor, 
including prostitution, domestic slavery, and forced labor. 
The government has yet to use its January 2008 
anti-trafficking law to punish traffickers; a lack of case 
precedent, poor coordination among ministries, lack of 
systematic information, lack of data shared between the 
regional and central levels, and the lack of a presidential 
decree mandating and codifying its use likely hinder the new 
law,s implementation.  Several alleged sex trafficking cases 
came to trial in 2008, but only two reportedly made use of 
the anti-trafficking law, and neither has reached a 
resolution; the remaining cases were tried under other laws, 
and either dismissed or punished with suspended sentences. 
The government did not investigate or prosecute cases of 
forced labor during the reporting period. 
 
In September 2008, a foreign government-funded program 
finished the development of a centralized database for 
documenting and tracking trafficking cases nationwide. 
Training for personnel in the use of this database was 
conducted in the capital and areas of the country where high 
levels of trafficking have been reported.  While a positive 
example of increased anti-trafficking cooperation between the 
gendarmerie and police, financial and legal issues threaten 
to derail this project; the center still lacks a presidential 
decree giving its work legal standing and financing remains 
uncertain.  The database,s use is limited to cases in 
Antananarivo. 
 
In some tourist areas, local police appeared hesitant to 
prosecute child sex trafficking and child sex tourism 
offenses, possibly because of deep-rooted corruption, 
pressures from the local community, or fear of an 
international incident.  Some officials were punished in 2007 
for colluding with traffickers or accepting bribes to 
overlook trafficking crimes.  The Ministry of Justice did not 
report any such cases in 2008, though the media ran stories 
alleging official complicity.  The ministry began rotating 
magistrates to different jurisdictions within the country, in 
part to stem corruption. 
 
Protection 
---------- 
The Madagascar government provided weak victim protections. 
During the last year, previously reported victim protection 
efforts were determined to mostly be provided by NGOs and 
international organizations and not by the government.  The 
government did not operate victim assistance programs; the 
majority of trafficking victims identified in 2008 were 
assisted exclusively by NGO-run centers.  Counseling centers 
run by local NGOs and supported by the Ministries of Justice 
and Health in Antananarivo and Fianarantsoa, however, 
provided psychological support and legal advice to child sex 
trafficking victims.  An unknown number of parents of such 
children received advice on filing court cases, but most 
declined to do so, either for fear of reprisal or because of 
a payoff from the perpetrator.  As Madagascar lacked a formal 
process to identify trafficking victims among vulnerable 
populations or refer victims for care, law enforcement 
officials began drafting such procedures during the year with 
UNICEF assistance.  However, the Ministry of Health,s 
local-level Child Rights Protection Networks ) which 
increased in number from 14 in 2007 to 65 in 2008 with UNICEF 
support ) brought together government institutions, law 
enforcement officials, and NGOs to fill this role.  Networks 
coordinated child protection activities, identified and 
reported abuse cases, and assisted victims in accessing 
appropriate social and legal services.  In 2008, for example, 
a protection network in Diego rescued two trafficked girls 
and the government returned them to their families in Ambanja 
and Nosy Be and provided money for school enrolment.  Labor 
inspectors reportedly taught job-finding skills to rescued 
victims during the year.  The government did not penalize 
trafficking victims for unlawful acts committed as a direct 
result of their being trafficked and encouraged them to 
assist in the investigation and prosecution of their 
exploiters.  The government does not provide legal 
alternatives to the removal of victims to countries where 
they would face hardship or retribution. 
 
Prevention 
---------- 
The government sustained its trafficking prevention efforts 
during the year.  At the regional level, Local 
Anti-Trafficking Boards, comprised of ministerial 
representatives, improved information sharing among 
stakeholders and sensitized the population on trafficking 
issues, resulting in NGO care centers receiving an increasing 
number of cases in 2008.  Although eight Regional Committees 
to Fight Child Labor increased coordination among government 
entities, NGOs, and ILO/IPEC under the framework of the 
National Action Plan for the Fight Against Child Labor, the 
Ministry of Labor,s five child labor inspectors were 
insufficient to cover areas beyond Antananarivo or in 
informal economic sectors.  The government continued its 
national awareness campaign against child sex tourism and 
conducted a number of law enforcement actions against foreign 
child sex tourists during the year.  In December 2008, 
President Ravalomanana presented remarks in Nosy Be on the 
importance of protecting children from foreign sex tourists. 
In May 2008, the Ministry of Justice launched a national 
campaign against child sexual exploitation that included 
messages on sex tourism in posters, a short film, and TV and 
radio spots.  The government continued distributing anti-sex 
tourism information to tourists at national events and 
cultural celebrations, such as the Donia festival in Nosy Be, 
and a customs booklet to arriving international passengers 
containing a full-page warning of the consequences.  In 
January 2008, a man from Reunion was arrested and prosecuted 
for the commercial sexual exploitation of a child in Nosy Be, 
but his case was dismissed for lack of evidence; four 
Reunionese considered accomplices were deported from the 
country.  A French national was imprisoned in Tamatave for 
child sex tourism in September 2008.  Also, three French 
citizens, cases for indecent assault or statutory rape were 
either dismissed or punished with suspended sentences. 
 
 
¶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 Madagascar downgraded to Tier 2? 
 
A:  While the government sustained its efforts to raise 
awareness of child sex trafficking, lack of institutional 
capacity and funding remained significant impediments to its 
anti-trafficking efforts, particularly impacting the 
effectiveness of law enforcement activities.  Although the 
government enacted anti-trafficking legislation in January 
2008, it reported no investigations or convictions of 
trafficking offenders during the reporting period and was 
unable to provide statistics regarding its anti-trafficking 
law enforcement efforts.  In addition, the government 
provided weak victim protections. 
 
Q2:  Did Madagascar,s recent political unrest affect its 
tier ranking? 
 
A:  No. The 2009 TIP Report covers the efforts of the 
Malagasy government until January 2009,s political unrest, 
which resulted in an unlawful change in government in March. 
Efforts to verify implementation of the laws during the 
remainder of the reporting period, if any, were difficult to 
verify given the level of political instability. The new 
regime,s policies and perspectives on Madagascar,s human 
trafficking problem are unknown; it remains to be seen 
whether the new government will maintain the previous 
administration,s keen interest in combating trafficking. 
 
Q3:  What progress has Madagascar made in the last year? 
 
A:  The Ministry of Health,s local-level Child Rights 
Protection Networks, comprised of government institutions, 
law enforcement officials, and NGOs,  coordinated child 
protection activities, identified and reported abuse cases, 
and assisted victims in accessing appropriate social and 
legal services.  At the regional level, Local 
Anti-Trafficking Boards, comprised of ministerial 
representatives, sensitized the population on trafficking 
issues, resulting in NGO care centers receiving an increasing 
number of cases in 2008.  The government continued its 
national awareness campaign against child sex tourism and 
conducted a number of law enforcement actions against foreign 
child sex tourists during the year.  The Ministry of Justice 
launched a national campaign against child sexual 
exploitation that included messages on sex tourism in 
posters, a film, and TV and radio spots.  The government 
continued distributing anti-sex tourism information to 
tourists at national events and cultural celebrations, and a 
customs booklet to arriving international passengers 
containing a full-page warning of the consequences.  Several 
cases of child sex tourism were investigated and prosecuted, 
but the government reported no criminal punishments of sex 
tourists. 
 
Q4:  What can Madagascar do to improve its fight against 
modern day slavery? 
 
A:  To further its anti-trafficking efforts, the Government 
of Madagascar could: utilize the anti-trafficking law to 
prosecute trafficking offenses, including those involving 
forced labor, and punish trafficking offenders; institute a 
formal process for law enforcement officials to document 
trafficking cases and refer victims of both labor and sex 
trafficking for assistance; increase efforts to raise public 
awareness of labor trafficking; and investigate and prosecute 
public officials suspected of trafficking-related complicity. 
 
¶12. The Department appreciates posts, assistance with the 
preceding action requests. 
CLINTON