VZCZCXYZ0004
PP RUEHWEB

DE RUEHC #0641 1630210
ZNR UUUUU ZZH
P 120146Z JUN 09
FM SECSTATE WASHDC
TO AMEMBASSY TASHKENT PRIORITY 0000

UNCLAS STATE 060641 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: ELAB KCRM KWMN PGOV PHUM PREL SMIG KPAO KTIP UZ
SUBJECT: UZBEKISTAN--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 Uzbekistan 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 Uzbekistan 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 Uzbekistan 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 Uzbekistan's country narrative in the 
2009 TIP Report: 
 
-------------------------------- 
Uzbekistan (TIER 2 Watch List) 
-------------------------------- 
 
Uzbekistan is a source country for women and girls trafficked 
to the UAE, India, Kazakhstan, Russia, Turkey, Thailand, 
Malaysia, South Korea, Japan, Indonesia, and Israel for the 
purpose of commercial sexual exploitation.  Men are 
trafficked to Kazakhstan and Russia for the purpose of forced 
labor in the construction, cotton, and tobacco industries. 
Men and women are trafficked internally for the purposes of 
domestic servitude, forced labor, in the agricultural and 
construction industries, and for commercial sexual 
exploitation.  Some girls are also trafficked internally for 
the purpose of commercial sexual exploitation.  Many 
school-age children, college students, and faculty are forced 
to pick cotton during the annual harvest. 
 
The Government of Uzbekistan does not fully comply with the 
minimum standards for the elimination of trafficking; 
however, it is making significant efforts to do so.  During 
the reporting period, Uzbekistan did not make significant 
efforts to eliminate the use of forced labor of adults and 
children in the cotton harvest and did not make efforts to 
investigate, prosecute, or convict government officials 
complicit in the use of forced labor during the harvest; 
therefore, Uzbekistan is placed on Tier 2 Watch List.  In 
September 2008, the government amended its criminal code to 
prohibit forced labor and increased the maximum penalty for 
trafficking to 12 years' imprisonment.  Also, in September 
2008, the government adopted a multi-year national action 
plan on combating child labor and the Prime Minister issued a 
formal ban prohibiting the use of child labor during the 
harvest; both addressed the use of forced child labor.  The 
government also reported increased efforts to investigate, 
prosecute, and convict trafficking offenders during the 
reporting period.  While the government again did not provide 
financial or in-kind support to the country's two NGO-run 
anti-trafficking shelters, it reported allocating $176,000 of 
state funds to establish a government-run shelter in 
Tashkent; construction of the new shelter reportedly began 
during the reporting period. 
 
In 2008, the Government of Uzbekistan maintained its strict 
quota system in which each province in the country is 
required to produce a share of the designated national cotton 
yield.  Provincial governors were held personally responsible 
for ensuring that the quota was met; this pressure was passed 
to local officials, some of whom organized and forced school 
children, university students, and faculty to pick cotton to 
ensure the national quota was met.  Uzbek farmers were unable 
to pay higher wages to attract a consenting workforce because 
the government pays the farmers below-market value for their 
cotton. 
 
Recommendations for Uzbekistan:  Take substantive action to 
end the use of forced labor during the annual cotton harvest; 
implement the national anti-trafficking action plan; continue 
to work with UNICEF and improve cooperation with ILO to 
reduce the reliance on forced labor during the annual cotton 
harvest; allow international experts to conduct an 
independent assessment of the use of forced labor during the 
annual cotton harvest; investigate, prosecute, convict, and 
sentence government officials complicit in trafficking; 
provide financial or in-kind support to anti-trafficking NGOs 
to provide assistance and shelter for victims; take steps to 
establish additional shelters outside of Tashkent; and 
continue efforts to improve the collection of law enforcement 
trafficking data. 
 
Prosecution 
---------------- 
 
Uzbekistan reported improved law enforcement efforts to 
combat trafficking in 2008, although the government did not 
report efforts to address official complicity during the 
annual cotton harvest.  The newly amended Article 135 of the 
criminal code now prohibits trafficking for both sexual 
exploitation and forced labor, and prescribes penalties of 
three to 12 years' imprisonment, which are sufficiently 
stringent and commensurate with punishments prescribed for 
other grave crimes, such as rape.  In 2008, law enforcement 
agencies reported conducting 900 trafficking investigations 
involving 670 suspects, up from 273 investigations involving 
303 suspects reported in 2007.  Authorities reported securing 
the convictions of approximately 400 suspects for trafficking 
in 2008, up from 185 in 2007.  Approximately 300 convicted 
traffickers were sentenced to some time in prison.  During 
the last year, 177 convicted traffickers, including some 
convicted in previous years, were granted amnesty and served 
a reduced sentence in prison.  The government did not 
effectively enforce the law prohibiting the use of forced 
labor or the formal ban issued by the Prime Minister 
prohibiting the use of child labor during the cotton harvest 
which also addressed forced child labor.  The government also 
did not take steps to monitor attendance at schools during 
the harvest to ensure students were not forced to work in the 
fields. 
 
Some reports of government officials involved in 
trafficking-related bribery and fraud continued; allegations 
included the fraudulent issuance of exit visas and individual 
police officers accepting bribes from traffickers.  In 2008, 
the government reported that two high-level police officials 
were prosecuted, convicted, and each sentenced to seven 
years' imprisonment for trafficking Uzbek nationals to 
Russia.  The government did not investigate or prosecute any 
government officials for their involvement in organizing and 
compelling many schoolchildren and university students as 
well as some faculty to work in the fields during the annual 
cotton harvest. 
 
Protection 
---------------- 
 
In accordance with new 2008 legislation, the government took 
steps to improve assistance and protection for victims of 
trafficking, though the Government of Uzbekistan did not 
provide financial or in-kind assistance to the two 
foreign-funded and NGO-run shelters in the country and all 
comprehensive victim assistance was provided by 
foreign-funded NGOs during the reporting period.  In late 
2008, the national government reportedly allocated funding 
from the state budget to establish an anti-trafficking 
shelter in Tashkent.  Local observers described a need for 
additional trafficking shelters in Karakalpakstan and 
Ferghana Valley.  The government identified 2,941 victims in 
2008; NGOs assisted 342 victims during the reporting period. 
The 2008 comprehensive anti-trafficking law and the 2008 
anti-trafficking national action plan both mandate that 
victims receive immediate and long-term assistance.  In 2008, 
the government reported assisting victims through existing 
non-trafficking social service structures including medical 
assistance for 164 trafficking victims, psychological help 
for 123 victims, access to legal counsel for 149 victims, 
vocational retraining courses for 32 victims, direct 
employment for 47 victims, and other social assistance such 
as housing for 92 victims.  The government did not employ 
formal procedures to identify or refer victims of trafficking 
for assistance. 
 
Some victims assisted law enforcement in trafficking 
investigations in 2008; however, many victims were still 
afraid to provide testimony or information out of cultural 
shame or fear of retribution by their traffickers, and the 
government did not have a witness protection program for 
victims who assisted law enforcement.  The government 
reported that identified repatriated victims of trafficking 
were not punished for acts committed as a direct result of 
being trafficked; however, victims were required to sign 
documentation confessing to their illegal departure from 
Uzbekistan. 
 
Prevention 
---------------- 
 
The government demonstrated awareness efforts in 2008. 
State-run print, television, and radio media significantly 
increased its coverage of trafficking from the previous year; 
efforts included television broadcasts of trafficking-themed 
films, radio service announcements, billboards throughout the 
country, and a state-financed production of a theater show 
about trafficking.  In July 2008, the government adopted its 
first anti-trafficking national action plan which established 
the national inter-agency trafficking commission.  The 
government-run media also focused attention on the amendments 
and subsequent enforcement of the criminal code which 
strengthened penalties and criminalized forced labor. 
However, the Uzbek government made limited efforts to prevent 
the use of forced labor during the annual cotton harvest by 
some local officials. 
 
-------------------------------- 
 
¶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 was Uzbekistan again given a ranking of  Tier 2 Watch 
List? 
 
¶A. Uzbekistan did not make significant efforts to eliminate 
the use of forced child and forced adult labor in the cotton 
harvest and did not make efforts to investigate, prosecute, 
or convict government officials complicit in the use of 
forced labor during the harvest; therefore, Uzbekistan is 
placed on Tier 2 Watch List.  The government maintained its 
strict quota system in which each province in the country is 
required to produce a share of the designated national cotton 
yield.  Provincial governors were held personally responsible 
for ensuring that the quota was met; this pressure was passed 
to local officials who organized and forced school children, 
university students, and faculty to pick cotton to ensure the 
national quota was met.  Uzbek farmers were unable to pay 
higher wages to attract a consenting workforce because the 
government pays the farmers below-market value for their 
cotton. 
 
¶Q. What progress has Uzbekistan made in the past year? 
 
¶A. In September 2008, the Government of Uzbekistan amended 
its criminal code to prohibit forced labor and increased the 
maximum penalty for trafficking to 12 years' imprisonment, 
adopted a multi-year national action plan on combating child 
labor, and the Prime Minister issued a formal ban prohibiting 
the use of child labor during the harvest; both addressed the 
use of forced child labor.  The government also reported 
increased efforts to investigate, prosecute, and convict 
trafficking offenders and reported allocating $176,000 of 
state funds to establish a government-run shelter in 
Tashkent; construction of the new shelter reportedly began 
during the reporting period. 
 
¶Q. What can Uzbekistan do to further the fight against 
trafficking in persons? 
 
¶A. The Government of Uzbekistan could:  Take substantive 
action to end the use of forced labor during the annual 
cotton harvest; implement the national anti-trafficking 
action plan; continue to work with UNICEF and improve 
cooperation with ILO to reduce the reliance on forced labor 
during the annual cotton harvest; allow international experts 
to conduct an independent assessment of the use of forced 
labor during the annual cotton harvest; investigate, 
prosecute, convict, and sentence government officials 
complicit in trafficking; provide financial or in-kind 
support to anti-trafficking NGOs to provide assistance and 
shelter for victims; take steps to establish additional 
shelters outside of Tashkent; and continue efforts to improve 
the collection of law enforcement trafficking data. 
 
¶12. The Department appreciates posts' assistance with the 
preceding action requests. 
CLINTON