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Viewing cable 09STATE60634, KYRGYZ REPUBLIC--2009 TIP REPORT: PRESS GUIDANCE

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Reference ID Created Released Classification Origin
09STATE60634 2009-06-12 01:13 2011-08-26 00:00 UNCLASSIFIED Secretary of State
VZCZCXYZ0000
PP RUEHWEB

DE RUEHC #0634 1630137
ZNR UUUUU ZZH
P 120113Z JUN 09
FM SECSTATE WASHDC
TO AMEMBASSY BISHKEK PRIORITY 0000
UNCLAS STATE 060634 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: ELAB KCRM KWMN PGOV PHUM PREL SMIG KPAO KTIP KG
SUBJECT: KYRGYZ REPUBLIC--2009 TIP REPORT: PRESS GUIDANCE 
AND DEMARCHE 
 
REF: A. 2009 STATE 59732 
     B. 2009 STATE 5577 
 
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 the Kyrgyz Republic 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 the Kyrgyz Republic and in any local media 
release by Post's public affairs section on June 16 or 
thereafter.  Drawing on information provided below in paras 8 
and 9, Post may provide the host government with the text of 
the TIP Report narrative no earlier than 1200 noon local time 
Monday June 15 for WHA, AF, EUR, and NEA countries and OOB 
local time Tuesday June 16 for SCA and EAP posts.  Please 
note, however, that any public release of the Report's 
information should not/not precede the Secretary's release at 
10:00 am EDT on June 16. 
 
4. The entire TIP Report will be available on-line at 
www.state.gov/g/tip shortly after the Secretary's June 16 
release.  Hard copies of the Report will be pouched to posts 
in all countries appearing on the Report.  The Secretary's 
statement at the June 16 press event, and the statement of 
and fielding of media questions by G/TIP's Director and 
Senior Advisor to the Secretary, Ambassador-at-Large Luis 
CdeBaca, will be available on the Department's website 
shortly after the June 16 event.  Ambassador de Baca will 
also hold a general briefing for officials of foreign 
embassies in Washington DC on June 17 at 3:30 pm EDT. 
 
5. Action Request: No earlier than 12 noon local time on 
Monday June 15 for WHA, AF, EUR, and NEA posts and OOB local 
time on Tuesday June 16 for SCA and EAP posts, please inform 
the appropriate official in the Government of the Kyrgyz 
Republic 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 the Kyrgyz Republic's country 
narrative in the 2009 TIP Report: 
 
-------------------------------- 
Kyrgyz Republic (TIER 2) 
-------------------------------- 
 
The Kyrgyz Republic is a source, transit, and to a lesser 
extent, a destination country for men and women trafficked 
from Uzbekistan, Tajikistan, Turkmenistan, and South Asia for 
purposes of forced labor and commercial sexual exploitation. 
Men and women are trafficked to Kazakhstan and Russia for the 
purpose of forced labor in the agricultural, construction, 
and textile industries.  Kyrgyz and foreign women are 
trafficked to the U.A.E, Kazakhstan, China, South Korea, 
Turkey, Greece, Cyprus, Thailand, Germany, and Syria for 
commercial sexual exploitation.  The city of Osh is a growing 
destination for women trafficked from Uzbekistan for the 
purpose of commercial sexual exploitation. 
 
The Government of the Kyrgyz Republic does not fully comply 
with the minimum standards for the elimination of 
trafficking; however, it is making significant efforts to do 
so.  Human trafficking complicity of low-level government 
officials remained a concern.  The government maintained good 
efforts to protect and assist Kyrgyz labor migrants and 
potential trafficking victims in key destination countries. 
In September 2008, the government enacted a new 
anti-trafficking national action plan. 
 
Recommendations for Kyrgyz Republic: Increase efforts to 
prosecute and convict trafficking offenders and ensure that a 
majority of convicted trafficking offenders serve time in 
prison; vigorously investigate, prosecute, convict, and 
punish government officials complicit in trafficking; 
continue to improve the collection of trafficking law 
enforcement data; continue trafficking sensitivity training 
for police, prosecutors, and judges; continue efforts to 
repatriate expeditiously Kyrgyz victims found abroad; ensure 
that victims of trafficking are not punished for acts 
committed as a direct result of being trafficked; and 
encourage greater registration of newborns, thereby reducing 
the number of undocumented persons vulnerable to trafficking. 
 
 
Prosecution 
---------------- 
 
The Kyrgyz government improved its collection of 
trafficking-specific law enforcement data, although it 
demonstrated weak law enforcement efforts during the 
reporting period.  The 2005 Law on Prevention and Combating 
Trafficking in Persons criminalizes trafficking for both 
sexual exploitation and forced labor and prescribes penalties 
ranging from 3 to 20 years' imprisonment, which are 
sufficiently stringent and commensurate with prescribed 
penalties for other grave crimes, such as rape.  In 2008, the 
government conducted 92 investigations, according to its 
definition of trafficking -- which appears broader than the 
U.S. Government's definition -- an increase from 33 
investigations in 2007.  The government reportedly prosecuted 
eight defendants and secured the convictions of six 
trafficking offenders in 2008.  Four of the six convicted 
trafficking offenders in 2008 received suspended sentences. 
Sentences for the other two convicted traffickers ranged from 
three to eights years' imprisonment.  NGOs contend that some 
low-level law enforcement officials are complicit in human 
trafficking and accept bribes from traffickers; other 
low-level police tolerate trafficking due to a lack of 
awareness.  The government reported no efforts to 
investigate, prosecute, convict, or punish these complicit 
government officials. 
 
Protection 
---------------- 
 
The government sustained modest efforts to assist victims 
during the reporting period.  The government and NGOs 
identified 161 victims of trafficking in 2008, compared to 
331 victims identified in 2007.  Although the government 
provided no direct funding for shelter or medical assistance 
to victims, it continued to provide space for three shelters 
run by anti-trafficking NGOs.  In 2008, thirty-four of the 
117 victims assisted by NGOs and international organizations 
were assisted by shelters that received in-kind government 
assistance.  Government officials referred 20 victims to IOM 
and NGOs for assistance in 2008, a significant increase from 
four victims so referred in 2007.  Victims were encouraged to 
participate in trafficking investigations and prosecutions. 
Victims who cooperated with law enforcement investigations 
were not penalized for crimes committed as a direct result of 
being trafficked; there were no reports of victims who did 
not cooperate with law enforcement being penalized during the 
reporting period.  NGOs reported improved efforts by 
government officials to quickly repatriate Kyrgyz nationals; 
in previous years, some victims remained in destination 
countries for several months awaiting the Kyrgyz government's 
issuance of necessary travel documents. 
 
Prevention 
---------------- 
 
Kyrgyzstan maintained its limited human trafficking 
prevention efforts over the last year.  The government 
continued to publish brochures and leaflets in both Kyrgyz 
and Russian languages advising Kyrgyz nationals seeking work 
abroad of the dangers of trafficking and providing the 
numbers for trafficking assistance hot-lines in several key 
destination countries.  The Kyrgyz government maintained 
migration offices in six key destination cities in Russia to 
assist and advise its nationals vulnerable to labor 
trafficking of their rights and also provided in-kind 
assistance to an NGO-run national labor migration hotline 
that provided legal advice and assistance to potential 
victims of trafficking. 
 
-------------------------------- 
 
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 pm EDT. 
 
(end non-paper) 
 
10. Posts should make sure that the relevant country 
narrative is readily available on or though the Mission's web 
page in English and appropriate local language(s) as soon as 
possible after the TIP Report is released.  Funding for 
translation costs will be handled as it was for the Human 
Rights Report.  Posts needing financial assistance for 
translation costs should contact their regional bureau's EX 
office. 
 
11. The following is press guidance provided for Post to use 
with local media. 
 
Q. Why is the Kyrgyz Republic on Tier 2? 
 
A. The Government of the Kyrgyz Republic does not fully 
comply with the minimum standards for the elimination of 
trafficking; however, it is making significant efforts to do 
so.  Human trafficking complicity of low-level government 
officials remained a concern and reported law enforcement 
efforts to prosecute, convict, and punish traffickers was 
modest. 
 
Q. What progress has the Kyrgyz Republic made in the past 
year? 
 
A.  The government maintained good efforts to protect and 
assist Kyrgyz labor migrants and potential trafficking 
victims in key destination countries.  In September 2008, the 
government enacted a new anti-trafficking national action 
plan. 
 
Q. What can the Kyrgyz Republic do to further the fight 
against trafficking in persons? 
 
A.  Increase efforts to prosecute and convict trafficking 
offenders and ensure that a majority of convicted trafficking 
offenders serve time in prison; vigorously investigate, 
prosecute, convict, and punish government officials complicit 
in trafficking; continue to improve the collection of 
trafficking law enforcement data; continue trafficking 
sensitivity training for police, prosecutors, and judges; 
continue efforts to repatriate expeditiously Kyrgyz victims 
found abroad; ensure that victims of trafficking are not 
punished for acts committed as a direct result of being 
trafficked; and encourage greater registration of newborns, 
thereby reducing the number of undocumented persons 
vulnerable to trafficking. 
 
12. The Department appreciates posts' assistance with the 
preceding action requests. 
CLINTON