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Viewing cable 09STATE60611, SUDAN -- 2009 TIP REPORT: PRESS GUIDANCE AND
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Reference ID | Created | Released | Classification | Origin |
---|---|---|---|---|
09STATE60611 | 2009-06-12 00:21 | 2011-08-24 16:30 | UNCLASSIFIED | Secretary of State |
VZCZCXYZ0002
OO RUEHWEB
DE RUEHC #0611 1630048
ZNR UUUUU ZZH
O 120021Z JUN 09
FM SECSTATE WASHDC
TO AMEMBASSY KHARTOUM IMMEDIATE 0000
UNCLAS STATE 060611
SIPDIS
E.O. 12958: N/A
TAGS: KTIP ELAB KCRM KPAO KWMN PGOV PHUM PREL SMIG SU
SUBJECT: SUDAN -- 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 Sudan 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 Sudan
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 Sudan 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 Sudan,s country narrative in the 2009
TIP Report:
--------------
SUDAN (TIER 3)
--------------
Sudan is a source country for men, women, and children
trafficked internally for the purposes of forced labor and
sexual exploitation. Sudan is also a transit and destination
country for Ethiopian women trafficked abroad for domestic
servitude. Sudanese women and girls are trafficked within
the country for domestic servitude. Local observers report
the recruitment ) sometimes by force ) of Darfuri girls to
work in private homes, including those occupied by soldiers
from the Sudanese Armed Forces (SAF), as cooks or cleaners;
some of these girls are subsequently pressured by male
occupants to engage in commercial sexual acts. Sudanese
women and girls are trafficked to Middle Eastern countries
such as Qatar, for domestic servitude and to European
countries, such as Poland, for sexual exploitation. Sudanese
children are trafficked through Yemen to Saudi Arabia for
forced begging. Sudanese gangs coerce other young Sudanese
refugees into prostitution in nightclubs in Egypt.
Sudanese children are unlawfully conscripted, at times
through abduction, and exploited by armed groups ) including
the Justice and Equality Movement (JEM), all Sudan Liberation
Army (SLA) factions, the Popular Defense Forces, Janjaweed
militia, and Chadian opposition forces ) in Sudan's ongoing
conflict in Darfur; the Sudanese Armed Forces, associated
militias, and the Central Reserve Police also continue to
unlawfully recruit children in this region. There were
confirmed reports of forcible child recruitment in 2008 by
the JEM in several refugee camps in eastern Chad, as well as
villages in Darfur. Forcible recruitment of adults and
particularly children by virtually all armed groups involved
in Sudan's concluded north-south civil war was previously
commonplace; thousands of children still associated with
these forces await demobilization and reintegration into
their communities of origin. Although the Sudan People,s
Liberation Army (SPLA) high command committed to preventing
recruitment and releasing the remaining children from its
ranks, reports suggest some local commanders continue
recruiting children. In certain states, the SPLA also
persists in using children for military activities, even
after these children have been formally identified for
demobilization and family reunification.
A recently released report by a consortium of NGOs found that
government-supported militia, like the Janjaweed and the
Popular Defense Forces, together with elements of the SAF,
have systematically abducted civilians for the purposes of
sexual slavery and forced labor as part of the Darfur
conflict. This practice was far more common, however, at the
beginning of the conflict in 2003 than during the reporting
period, when the conflict in Darfur had largely subsided.
Some were released after days or weeks of captivity, while
others escaped after a number of months or even years. The
vast majority of those abducted are from non-Arabic speaking
ethnic groups like the Fur, Massalit, and Zaghawa. Abducted
women and girls are subjected to rape, forced marriage, and
sexual slavery, as well as forced domestic and agricultural
labor. Abducted men and boys are subjected to forced labor
in agriculture, herding, portering goods, and domestic
servitude.
Thousands of Dinka women and children were abducted and
subsequently enslaved by members of the Missiriya and
Rizeigat tribes during the north-south civil war. An unknown
number of children from the Nuba tribe were similarly
abducted and enslaved. A portion of those who were abducted
and enslaved remained with their abductors in South Darfur
and West Kordofan and experienced varying types of treatment;
others were sold or given to third parties, including in
other regions of the country; and some ultimately escaped
from their captors. While there have been no known, new
abductions of Dinka by members of Baggara tribes in the last
several years, inter-tribal abductions continue in southern
Sudan between warring African tribes, especially in Jonglei
and Eastern Equatoria States; Murle raids on Nuer villages in
Jonglei State resulted in the abduction of an unknown number
of children.
The terrorist rebel organization, Lord's Resistance Army
(LRA), continues to harbor small numbers of enslaved Sudanese
and Ugandan children in southern Sudan for use as cooks,
porters, and combatants; some of these children are also
trafficked across borders into Uganda or the Democratic
Republic of the Congo. UN/OCHA reported 66 LRA-related
abductions in southern Sudan,s Western Equatoria Province in
2008 and early 2009.
The Government of National Unity of Sudan (GNU) does not
fully comply with the minimum standards for the elimination
of trafficking and is not making significant efforts to do
so. This report discusses the problem of human trafficking
as it impacts the country in its entirety and analyzes the
efforts of the national government, the Government of
Southern Sudan (GOSS), and the state governments to combat
the problem. Sudan,s Tier 3 ranking reflects the overall
lack of significant anti-trafficking efforts demonstrated by
all levels of the country,s governing structures, each of
which bear responsibility for addressing the crime. While
the GNU and the GOSS took greater steps to demobilize child
soldiers, combating human trafficking through law enforcement
or significant prevention measures was not a priority for any
Sudanese government entity in 2008. The national government
published neither data nor statistics regarding its efforts
to combat human trafficking during the year; it did not
respond to requests to provide information for this report.
Recommendations for Sudan: Increase efforts to investigate
suspected human trafficking cases, prosecute trafficking
offenses, and convict trafficking offenders; implement
trafficking-related provisions of newly-enacted legislation,
including the Sudan Armed Forces Act; establish an official
process for law enforcement officials to identify trafficking
victims and refer them for assistance; demobilize all
remaining child soldiers from the ranks of the armed forces,
as well as those of aligned militias; take steps to identify
and provide protective services to all types of trafficking
victims found within the country; and make a much stronger
effort, through a comprehensive policy approach that involves
all vested parties, to identify, retrieve, and reintegrate
abductees who remain in situations of enslavement.
Prosecution
-----------
The government's anti-trafficking law enforcement efforts
were negligible during the reporting period; it did not
investigate or prosecute any suspected trafficking cases.
Sudan is a large country with porous borders and destitute
hinterlands; the national government had little ability to
establish authority or a law enforcement presence in many
regions. Sudan's criminal code does not prohibit all forms
of trafficking in persons, though its Articles 162, 163, and
164 criminalize abduction, luring, and forced labor,
respectively. No trafficker has ever been prosecuted under
these articles. In May 2008, the Council of Ministers
received the Child Act 2008 for review; the act must be
approved by the council and ratified by the parliament before
it can be implemented. The Act prohibits the recruitment of
children under the age of 18 into armed forces or groups and
ensures the demobilization, rehabilitation, and reintegration
of child victims of armed conflict. Several states
subsequently drafted their own Child Acts based on the
national act; in November 2008, Southern Kordofan State
ratified its Child Act. In December 2008, Sudan,s National
Assembly approved the Sudan Armed Forces Act of 2007, which
establishes criminal penalties for persons who recruit
children under 18 years of age, as well as for abduction and
enslavement; the act prescribes penalties of up to five
years, imprisonment for child recruitment and up to 10
years, imprisonment for enslavement. In August 2008, the
Southern Sudan Legislative Assembly passed the Southern Sudan
Child Act of 2008, which prohibits the recruitment and use of
children for military or paramilitary activities and
prescribes punishments of up to 10 years, imprisonment for
such crimes. The President of the Government of Southern
Sudan (GOSS) signed the act into law in October 2008. The
Southern Sudan Penal Code Act, enacted in July 2008,
prohibits and prescribes punishments of up to seven years,
imprisonment for unlawful compulsory labor, including
abduction or transfer of control for such purposes; the Act
also criminalized the buying or selling of a minor for the
purpose of prostitution and prescribes a punishment of up to
14 years, imprisonment. In December 2008, the Minister of
Justice issued a decree establishing offices with specialized
children,s attorneys in Southern Darfur, Gedaref, Southern
Kordofan, Sennar, Blue Nile, Western Darfur, and Kassala
States to supervise investigations. The government neither
documented anti-trafficking law enforcement efforts nor
provided specialized anti-trafficking training to law
enforcement, prosecutorial, and judicial personnel during the
year. At the request of the Sudanese Police, in January
2009, UNPOL trained 122 women police officers who staff
gender desks in child protection. UNPOL also conducted a
five-day training program on human rights, gender, and child
protection for 25 police officers in Aweil.
Protection
----------
Sudan,s Government of National Unity (GNU) made only minimal
efforts to protect victims of trafficking during the past
year, and these efforts focused primarily on the
demobilization of child soldiers. The government continued
to demonstrate extremely low levels of cooperation with
humanitarian workers in the Darfur region on a broad spectrum
of issues, including human trafficking. The GOS and GOSS
provide little to no protection for victims of trafficking
crimes; Sudan had few victim care facilities readily
accessible to trafficking victims and the government did not
provide access to legal, medical, or psychological services.
The government did not publicly acknowledge that children are
trafficked into prostitution or domestic servitude in Sudan
or take steps to identify and provide protective services to
such victims. The Khartoum State Police,s child and family
protection unit, which offers various services such as legal
aid and psychosocial support, assisted an unknown number of
child victims of abuse and sexual violence in 2008 and could
have potentially provided these services to trafficking
victims. In 2008, similar units were established with
UNICEF,s support in Western Darfur, Northern Darfur,
Southern Kordofan, Northern Kordofan, and Gedaref States.
The government did not have a formal referral process to
transfer victims to organizations providing care or a system
of proactively identifying victims of trafficking among
vulnerable populations.
In January 2008, the government and its UN counterparts
established a forum to share information and coordinate an
appropriate response to children affected by armed conflict;
the group met three times during the year. In May 2008, the
Northern Sudan DDR Commission (NSDDRC) and the Southern Sudan
DDR Commission (SSDDRC), with support from UNICEF and the
Integrated UNDDR Unit, demobilized 88 children formerly
associated with the SPLA in Kurmuk, Blue Nile State. In
December 2008, the SSDDRC demobilized 46 children from the
SPLA training academy in Korpout, Upper Nile State; they were
part of a group of 68 children registered for demobilization
in July 2007. Identification and registration programs were
ongoing for remaining children still serving under the SPLA
in Unity and Jongley States, as well is in South Kordofan.
In July 2008, NSDDRC in Blue Nile State and UNICEF commenced
an interim program to monitor demobilized children,s
participation in reintegration opportunity programs; in
October 2008, the program provided training to NSDDRC,s
child DDR workers on DDR standards and communicating
effectively with children. In August 2008, the GOSS opened a
child protection unit to ensure that no children are part of
the SPLA,s ranks. In December 2008, the Sudan Armed Forces,
the National Council for Child Welfare, and UNICEF signed a
memorandum of understanding to strengthen the protection of
children in Sudan and prevention of recruitment into the
armed forces.
During the reporting period, the government punished
trafficking victims for crimes committed as a direct result
of being trafficked. Following the May 2008 clash between
JEM and government forces in Omdurman, a suburb of Khartoum,
Sudanese authorities arrested 110 children on charges of
attempted violent overthrow of the state and held them with
adults for several days. The government then established a
Presidential High Committee to care for the children under
the leadership of the Humanitarian Aid Commissioner. The
National Council for Child Welfare (NCCW) took custody of 100
children, placed them in a National Security detention
center, and provided medical care and psychosocial support;
international NGOs certified the quality of the center as
good and in keeping with international standards. However,
10 children were not sent to the separate facility and
remained in detention with adults and an estimated 30
children were used as witnesses in trials of JEM combatants.
The government pardoned and released 103 children for family
reunification; tried, acquitted, and released four children;
and sentenced one child to death, pending appeal. The
whereabouts of one child is unknown.
The Committee for the Eradication of Abduction of Women and
Children (CEAWC), established in 1999 to facilitate the safe
return of abducted and enslaved women and children to their
families, was not operational during the reporting period.
Its most recent retrieval and transport missions took place
in March 2008 with GOSS funding; since that time, neither the
GNU nor the GOSS provided CEAWC with the necessary funding
for the transport and reunification of previously identified
abductees with their families. The government made no
efforts to address issues of abduction and enslavement in
Darfur during the reporting period.
Prevention
----------
The government made limited efforts during the reporting
period aimed at the prevention of trafficking. In September
2008, the SSDDRC and the UN,s DDR unit began a weekly radio
talk show to sensitize the public on demobilization and
reintegration issues. In June 2008, the government NCCW, in
collaboration with UNICEF, hosted its national celebration of
the Day of the African Child in Kadugli, South Kordofan
State. Based on the theme &No use of children under 18
years in the military,8 activities included speeches, radio
and television interviews, songs, children,s theater,
traditional dance, sporting events, and the distribution of
printed materials such as posters, leaflets, and banners;
these events reached an estimated 85,000 people in Kadugli.
Similar celebrations took place in all other states in
collaboration with state Councils for Child Welfare and state
Ministries of Social Welfare. During 2008, Sudanese national
security personnel prevented the publication of newspaper
articles on human trafficking. The government did not take
any known measures during the reporting period to reduce the
demand for forced labor or commercial sex acts. Sudan 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 is Sudan on Tier 3?
A: The Government of National Unity of Sudan did not make
significant efforts to combat trafficking during the
reporting period. While the government took greater steps to
demobilize child soldiers, combating human trafficking
through law enforcement or significant prevention measures
was not a priority for the government in 2008. The Sudanese
government published neither data nor statistics regarding
its efforts to combat human trafficking during the year; it
did not respond to requests to provide information for this
report.
Q2: What progress has Sudan made in the past year?
A: Sudan,s National Assembly approved the Sudan Armed
Forces Act, which establishes criminal penalties for persons
who recruit children under 18 years of age, as well as for a
range of human rights violations, including abduction and
enslavement. The Southern Sudan Legislative Assembly passed
the Southern Sudan Child Act, which prohibits the recruitment
and use of children for military or paramilitary activities.
The National Council for Child Welfare took custody of 100
children arrested for association with an armed group, placed
them in a separate facility from adults, and provided medical
care and psychosocial support. The government demobilized
child soldiers from the SPLA. In June 2008, the government,
in collaboration with UNICEF, hosted its national celebration
of the Day of the African Child in South Kordofan State with
the theme &No use of children under 18 years in the
military.8 These activities ) including speeches, radio
and television interviews, songs, children,s theater,
traditional dance, sporting events, and the distribution of
printed materials ) reached an estimated 85,000 people.
Q3: What can Sudan do to further the fight against
trafficking in persons?
A: To improve its anti-trafficking efforts, the Government
of Sudan could: increase efforts to investigate suspected
human trafficking cases, prosecute trafficking offenses, and
convict trafficking offenders; implement trafficking-related
provisions of newly enacted legislation, including the Sudan
People,s Armed Forces Act; establish an official process for
law enforcement officials to identify trafficking victims and
refer them for assistance; demobilize all remaining child
soldiers from the ranks of the armed forces, as well as those
of aligned militias; take steps to identify and provide
protective services to all types of trafficking victims found
within the country; and make a much stronger effort, through
a comprehensive policy approach that involves all vested
parties, to identify, retrieve, and reintegrate abductees who
remain in situations of enslavement.
¶12. The Department appreciates posts, assistance with the
preceding action requests.
CLINTON