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OO RUEHWEB

DE RUEHC #1203 1632327
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O 122303Z JUN 09
FM SECSTATE WASHDC
TO AMEMBASSY SKOPJE IMMEDIATE 0000

UNCLAS STATE 061203 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: KTIP ELAB KCRM KPAO KWMN PGOV PHUM PREL SMIG MK
SUBJECT: MACEDONIA -- 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 Macedonia 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 Macedonia 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 Macedonia 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 Macedonia,s country narrative in the 
2009 TIP Report: 
 
-------------------------------- 
Macedonia (TIER 1) 
Macedonia is a source, transit, and destination country for 
women and children trafficked for the purpose of commercial 
sexual exploitation.  Macedonian women and children are 
trafficked internally within the country. Victims trafficked 
into Macedonia are primarily from Albania and Kosovo. 
Macedonian victims and victims transiting through Macedonia 
are trafficked to South Central and Western Europe. 
Children, primarily ethnic Roma, are trafficked for the 
purpose of forced begging within the country.  Victims were 
trafficked for the purpose of forced labor in Macedonia,s 
service sectors.  Traffickers, modus operandi continued to 
evolve in response to law enforcement tactics, including 
increased use of more hidden, private sectors, such as beauty 
salons and massage parlors. 
The Government of Macedonia fully complies with the minimum 
standards for the elimination of trafficking. While the 
government could strengthen its performance in certain areas, 
the government improved implementation of the 
anti-trafficking statute to obtain convictions of trafficking 
offenders and continued to expand the usage of its 
victim-centered standard operating procedures for the 
treatment and protection of trafficking victims. 
Recommendations for Macedonia:  Continue appreciable progress 
in victim protection and assistance; proactively implement 
the new standard operating procedures on victim 
identification; ensure institutionalized protection and 
reintegration services for victims; continue to ensure 
convicted traffickers receive adequate jail time; vigorously 
prosecute, convict, and punish public officials complicit in 
trafficking; and expand overall prevention and demand 
reduction awareness efforts to educate clients of the sex 
trade and forced labor about trafficking. 
Prosecution 
--------------- 
The Government of Macedonia demonstrated some important 
progress in its anti-trafficking law enforcement efforts in 
2008 by decreasing processing times for trafficking cases and 
securing increased sentences for convicted trafficking 
offenders.  While one organization reported that traffickers 
were still sometimes prosecuted under smuggling laws, 
significant improvement in prosecuting suspected traffickers 
under the anti-trafficking statute was reported during the 
year.  The government prohibits sex and labor trafficking 
through its 2004 criminal code; Article 418(a) and (g) covers 
all forms of trafficking in persons.  The minimum penalty 
prescribed for trafficking for commercial sexual exploitation 
is four years, imprisonment, which is sufficiently stringent 
and commensurate with penalties prescribed for other grave 
crimes, such as rape.  In 2008, the government prosecuted 11 
cases under article 418(a) and (g) involving 28 trafficking 
suspects, resulting in the conviction of 17 trafficking 
offenders.  The average sentence imposed was 5 years, 
imprisonment.  The government prosecuted three cases on 
forced labor charges.  These prosecutions resulted in eight 
sentences: four of four years, two of five years and one six 
year and one seven year sentence.  There were reports that 
some law enforcement officials, including prosecutors and 
judges, continued to demonstrate an inadequate understanding 
of trafficking and insensitivity towards victims, rights, 
including in courtroom settings.  The government did not 
prosecute any acts of trafficking related complicity by 
government officials during the reporting period; however, 
reports indicated that corruption continued to directly 
hamper Macedonia,s anti-trafficking efforts.  For example, 
local brothel owners were occasionally tipped off prior to 
raids, allowing traffickers to elude law enforcement and 
brothel owners to hide potential trafficking victims. 
Protection 
------------- 
The Government of Macedonia demonstrated some progress in its 
protection of trafficking victims in 2008.  It continued to 
conduct training, with the support of international donors, 
on its standard operating procedures (SOPs) on the 
identification and referral of trafficking victims, and 
implementation of these procedures has continued to improve; 
however, application of the SOPs by local police was at times 
ad hoc and dependent on particular, victim-sensitive 
officers.  The government has acknowledged that local police 
need more consistent understanding and application of the 
SOPs, and in January 2009 implemented a new requirement that 
all raids conducted by local police must include an officer 
from the police anti-trafficking unit.  An international 
organization reported that border police did not employ 
systematic procedures to identify trafficking victims among 
migrants at Macedonian borders, although several victims were 
identified as a result of border police efforts.  The 
government did not take proactive and systematic efforts to 
identify victims among vulnerable groups within its labor 
sectors. The government has not yet funded an NGO providing 
protection and assistance to domestic trafficking victims. 
It recently announced plans to take over full financial and 
material responsibilities for the country,s domestic 
trafficking shelter, but there were concerns about the impact 
on victims, rights; these concerns were addressed and 
alleviated in a January meeting between the government and 
the NGO that voiced them.  The government continues to 
operate a reception center for foreign migrants and 
trafficking victims; victim,s freedom of movement in this 
center is severely restricted.  Although law enforcement 
reported it identified 130 &presumed8 victims in 2008 only 
18 victims, 14 of whom were Macedonian, qualified as 
trafficking victims during the reporting period.  The 
government encouraged victims to participate in 
investigations and trials.  The government in January 2008 
created provisions for the offering of a six-month residency 
permit and reflection period to foreign victims; none of the 
118 presumed foreign victims identified during the reporting 
period requested this permit.  Presumed domestic victims were 
entitled to a 30-day reflection period in the domestic 
shelter before taking part in a formal interview process with 
a trained trafficking specialist.  The government provided 
some reintegration support through its 27 Centers for Social 
Welfare. These centers assisted seven victims in 2008.  NGOs 
and international experts reported some problems with the 
government,s identification process, resulting in possible 
misidentification of potential trafficking victims by local 
authorities. 
Prevention 
------------------ 
The government collaborated with NGOs and the international 
community in its trafficking prevention efforts and in 
December 2008 drafted a National Action Plan for the years 
2009-2012.  It did not provide any direct financial support 
for NGOs conducting anti-trafficking prevention activities 
during the reporting period, but continued to provide 
significant in-kind support.  In May 2008, the government 
conducted a nationwide survey to determine the public,s 
level of awareness about trafficking.  Based on the findings, 
it conducted nine public roundtables throughout the country. 
The government included mandatory training in its primary and 
secondary school curriculum to prevent trafficking.  In 
December 2008, the National Commission organized a national 
anti-trafficking week.  The Commission set up booths in over 
a dozen cities throughout Macedonia to distribute 
anti-trafficking materials, and high-level officials spoke 
out about trafficking.  In January 2009, the National 
Commission published an annual report on its anti-trafficking 
efforts.  The government did not fund or initiate any 
awareness campaigns to reduce demand for forced labor or 
commercial sex in 2008; however, it used some IOM-funded 
materials aimed at demand during its anti-trafficking week. 
 
 
-------------------------------- 
 
 
¶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 Macedonia given a rank of Tier 1? 
 
A: The Government of Macedonia fully complies with the 
minimum standards for the elimination of trafficking. 
 
Q2: What progress has Macedonia made in the past year? 
A: The government improved implementation of the 
anti-trafficking statute to obtain convictions of trafficking 
offenders and continued to expand the usage of its 
victim-centered standard operating procedures for the 
treatment and protection of trafficking victims. 
Q3: What can Macedonia do to improve its fight against 
trafficking in persons? 
 
A:  To improve its anti-trafficking performance, the 
Macedonian government could: continue appreciable progress in 
victim protection and assistance; continue to proactively 
implement the new standard operating procedures on victim 
identification; ensure institutionalized protection and 
reintegration services for victims; continue to ensure 
convicted traffickers receive adequate jail time; vigorously 
prosecute, convict, and punish public officials complicit in 
trafficking; and expand overall prevention and demand 
reduction awareness efforts. 
 
¶12. The Department appreciates posts, assistance with the 
preceding action requests. 
CLINTON