VZCZCXYZ0002
OO RUEHWEB

DE RUEHC #1199 1632320
ZNR UUUUU ZZH
O 122257Z JUN 09
FM SECSTATE WASHDC
TO AMEMBASSY LUXEMBOURG IMMEDIATE 0000

UNCLAS STATE 061199 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: KTIP ELAB KCRM KPAO KWMN PGOV PHUM PREL SMIG LU
SUBJECT: LUXEMBOURG -- 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 Luxembourg 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 Luxembourg 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 Luxembourg 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 Luxembourg,s country narrative in the 
2009 TIP Report: 
 
-------------------------------- 
Luxembourg (TIER 1) 
 
Luxembourg is a destination country for women trafficked 
primarily from Russia and Ukraine for the purpose of 
commercial sexual exploitation.    An increasing number of 
women from Africa, primarily Nigeria, are engaged in 
prostitution in the country, and are particularly vulnerable 
to trafficking due to debts they incur in the process of 
migrating ) legally or illegally -- to Luxembourg.  The 
government and NGOs did not identify any cases of forced 
labor during the reporting period. 
 
The Government of Luxembourg fully complies with the minimum 
standards for the elimination of trafficking.  The government 
enacted additional anti-trafficking legislation and funded a 
sex trafficking demand reduction campaign during the 
reporting period.  While formalized victim identification and 
referral procedures remained lacking, the government 
established a 90-day reflection period for victims in 2008. 
 
Recommendations for Luxembourg:  Establish formal procedures 
to identify victims among vulnerable groups, such as women in 
the legal commercial sex trade and illegal migrants, and to 
refer these victims to available services; ensure there are 
adequate protection facilities in place for all trafficking 
victims, including victims of forced labor, and child and 
male victims; and launch an awareness campaign to educate 
authorities and the general public about forms of labor 
trafficking. 
 
Prosecution 
--------------- 
The Luxembourg government demonstrated progress in the 
prosecution of trafficking crimes during the reporting 
period.  In February 2009, the government adopted 
long-awaited amendments to its penal code that distinguish 
human trafficking from smuggling or illegal migration and 
broaden the definition of human trafficking to include forced 
labor.  Penalties prescribed in the new legislation increased 
from a maximum prison term of three years, to a range of five 
to 10 years, imprisonment.  These penalties are sufficiently 
stringent and commensurate with penalties prescribed for 
other grave crimes.  There were seven prosecutions and 
convictions of sex trafficking offenders during the reporting 
period, compared with six from the previous year.  Sentences 
ranged from three months, imprisonment with fines to three 
years, imprisonment with fines.  The majority of trafficking 
offenders were sentenced to two years, imprisonment or more. 
 The government continued its ongoing training of police, 
immigration, and other government officials and NGOs on 
victim identification.  There was no evidence of trafficking 
complicity by Luxembourg public officials during the year. 
 
Protection 
-------------- 
The government made some additional progress in protecting 
trafficking victims during the reporting period.  The 
government adopted immigration legislation in 2008 that 
provides human trafficking victims with relief from 
deportation through the granting of temporary residence 
status for a 90-day reflection period.  The government did 
not provide long-term shelter or housing benefits for victims 
of trafficking.  The government encourages victims to 
participate in the investigation and prosecution of 
trafficking offenders during the reflection period, though 
the granting of the reflection period is not conditional on 
victims, cooperation with authorities.  The government 
worked with neighboring countries on a witness protection 
plan for two trafficking victims during the reporting period. 
 The government also funded two NGOs providing services for 
women in distress that also serve female human trafficking 
victims.  Child victims of trafficking were placed in a 
general shelter for juveniles that offered specialized 
services for trafficking victims.  The government has a 
stated policy of ensuring that victims are not punished for 
unlawful acts committed as a direct result of their being 
trafficked; it is unclear whether all women in prostitution 
who are in the country illegally are checked for trafficking 
indicators before being deported or imprisoned.  It is also 
unclear whether authorities are proactively identifying 
victims among the estimated 500 women in prostitution in 
Luxembourg,s legalized sex trade. The government did not 
appear to employ a formal referral mechanism for authorities 
to use when referring victims to available services. 
 
Prevention 
------------- 
The government made some progress in its efforts to prevent 
trafficking during the reporting period.   It launched a sex 
trafficking public awareness campaign at bus stops.  In 
addition, the Ministry of Equal Opportunity funded a sex 
trafficking demand reduction poster campaign bearing the 
slogan, &If you hire a prostitute, you are financing human 
trafficking.8  The government did not report any child sex 
tourism prosecutions or prevention efforts during the 
reporting period. 
 
-------------------------------- 
 
¶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. 
 
Q1: Why was Luxembourg given a ranking of Tier 1? 
 
A:  The Government of Luxembourg fully complies with the 
minimum standards for the elimination of trafficking. 
 
Q2: What progress has Luxembourg made in the past year? 
 
A:  The government enacted additional anti-trafficking 
legislation and funded a sex trafficking demand reduction 
campaign during the reporting period.  While formalized 
victim identification and referral procedures remained 
lacking, the government established a 90-day reflection 
period for victims in 2008. 
 
Q3: What can Luxembourg do to improve its fight against 
trafficking in persons? 
 
A:  To improve its anti-trafficking performance, the 
Government of Luxembourg could: establish formal procedures 
to identify victims among vulnerable groups, such as women in 
the legal commercial sex trade and illegal migrants, and to 
refer these victims to available services; ensure there are 
adequate protection facilities in place for all trafficking 
victims, including victims of forced labor, and child and 
male victims; and launch an awareness campaign to educate 
authorities and the general public about forms of labor 
trafficking. 
 
¶12. The Department appreciates posts, assistance with the 
preceding action requests. 
CLINTON