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Viewing cable 09STATE61219, TURKEY--2009 TIP REPORT: PRESS GUIDANCE AND

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Reference ID Created Released Classification Origin
09STATE61219 2009-06-13 00:03 2011-08-24 01:00 UNCLASSIFIED Secretary of State
VZCZCXYZ0001
PP RUEHWEB

DE RUEHC #1219 1640027
ZNR UUUUU ZZH
P 130003Z JUN 09
FM SECSTATE WASHDC
TO RUEHAK/AMEMBASSY ANKARA PRIORITY 0000
INFO RUEHIT/AMCONSUL ISTANBUL PRIORITY 0000
UNCLAS STATE 061219 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: ELAB KCRM KWMN PGOV PHUM PREL SMIG KPAO KTIP TU
SUBJECT: TURKEY--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 Turkey 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 Turkey 
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 Turkey 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 Turkey's country narrative in the 2009 
TIP Report: 
 
-------------------------------- 
Turkey (TIER 2) 
-------------------------------- 
 
Turkey is a destination and, to a lesser extent, transit 
country for women and children predominately from Eastern 
Europe and the former Soviet Union trafficked primarily for 
the purpose of commercial sexual exploitation and, to a 
lesser degree, for the purpose of forced labor.  Source 
countries for identified trafficking victims in 2008 
included: Turkmenistan, Uzbekistan, Moldova, Kyrgyzstan, 
Russia, Georgia, Ukraine, Azerbaijan, Romania, Kazakhstan, 
Belarus, Bulgaria, Indonesia, and Morocco.  According to 
Armenian NGOs and the Government of Armenia, the trafficking 
of Armenian women to Turkey for the purpose of sexual 
exploitation continued to be a problem, although the 
Government of Turkey did not identify any such victims in 
2008.   Four foreign child victims were documented over the 
last year.  The number of Uzbek and Turkmen victims increased 
in 2008.  Some victims are reportedly trafficked through 
Turkey to the area administered by Turkish Cypriots for the 
purpose of sexual exploitation.  Although a much smaller 
problem, some internal trafficking involving Turkish citizens 
in both the legal and illegal prostitution sectors is 
believed to occur. 
 
The Government of Turkey does not fully comply with the 
minimum standards for the elimination of trafficking; 
however, it is making significant efforts to do so. Law 
enforcement continued to successfully target and disrupt 
trafficking networks and the government improved its 
prosecution of trafficking offenders in 2008.  The 
government,s anti-trafficking efforts were constrained, 
however, by inconsistent identification, referral, 
protection, and assistance to trafficking victims in Turkey. 
Recommendations for Turkey:  Ensure consistent and sustained 
assistance for trafficking victims, including adequate 
government funding of shelters in Ankara and Istanbul; expand 
shelter capacity for victims; consider including NGOs and 
international organizations more consistently in the 
identification and interviewing process; take steps to 
identify trafficking victims within vulnerable populations in 
Turkey; continue to vigorously prosecute trafficking offenses 
and convict public officials complicit in trafficking; and 
expand awareness efforts to educate the public about the 
demand for commercial sex acts and its links to trafficking. 
Prosecution 
--------------- 
The Government of Turkey sustained vigorous anti-trafficking 
law enforcement and prosecutorial efforts in 2008.  Article 
80 of the Penal Code prohibits trafficking for both sexual 
exploitation and forced labor, and prescribes penalties of 
from 8 to 12 years, imprisonment, which are sufficiently 
stringent and commensurate with penalties prescribed for 
other grave crimes, such as sexual assault.  The Government 
of Turkey prosecuted 69 cases involving 273 suspected 
traffickers in 2008, a significant increase from 160 
suspected traffickers prosecuted in 2007.  The government 
reported securing the convictions of 58 trafficking offenders 
in 2008.  The government expanded its use of Article 80 in 
2008, convicting 13 traffickers under the 
trafficking-specific article, a three-fold increase from 
2007.  The 13 convicted traffickers received sentences 
averaging eight years, imprisonment.  Other trafficking 
offenders were convicted using Article 227, an older 
anti-trafficking statute.  Penalties imposed on traffickers 
convicted under Article 227 averaged three to four years, 
imprisonment.  Six traffickers convicted under other related 
articles received a sentence of two to four years, 
imprisonment.  The government continued to institutionalize 
and implement comprehensive law enforcement training in 2008. 
 The government reported investigating 25 security officials 
for trafficking-related complicity in 2008.  In January 2008, 
the government secured the conviction of a Court of Appeals 
Judge for aiding traffickers; he was sentenced to two years, 
imprisonment, although the court subsequently reduced the 
sentence to probation and a prison term of one year and eight 
months.  In June 2008, the government obtained the conviction 
of a judicial hall employee to one year and six months, 
imprisonment and barred him from public service for one year 
for trafficking-related complicity.  Turkish law, however, 
allows for the suspension of prison sentences of two years or 
less under certain conditions.  The government continued an 
investigation of a prison warden who was arrested and jailed 
in February 2007 for facilitating trafficking activities. 
The government reported improvements in anti-trafficking 
cooperation with some governments during the reporting 
period.  Lack of cooperation with other source countries, 
however, hampered the government,s ability to investigate 
and prosecute some traffickers. 
Protection 
--------------- 
The government,s overall protection efforts for victims of 
trafficking did not improve during the reporting period. 
Turkey failed to provide adequate direct funding for its two 
trafficking shelters and the overall number of trafficking 
victims identified dropped for a second consecutive year.  In 
June 2008, Istanbul,s municipal government suspended the 
provision of free rent to Istanbul,s shelter, despite a 
signed protocol between the municipality and the shelter 
stipulating otherwise.  Although the government continues to 
report that it is focused on finding a long-term financial 
solution to this problem, it has yet to commit adequate 
funding to either of its shelters in Ankara and Istanbul. 
However, the Ministry of Foreign Affairs has pledged and 
begun disbursing approximately $20,000 per year to each 
shelter for three years beginning in 2009.  Both shelters 
continue to require perennial outside donor funding.  These 
two NGO-run shelters provided care to 83 trafficking victims, 
a decline from 109 in 2007.  In 2008, the government 
identified a total of 118 trafficking victims, a decline from 
148 in 2007; IOM facilitated the repatriation of 78 of these 
victims. 
Due to inconsistent implementation of the government,s 
referral mechanism, some victims are not identified prior to 
being deported.  Gaps in the referral process also resulted 
in some victims not receiving adequate care and assistance 
after providing information about their traffickers to law 
enforcement.  While the government encouraged victims to 
participate in trafficking investigations and prosecutions, 
very few trafficking victims choose to testify in court cases 
against their traffickers, possibly because they feared 
retribution from their traffickers, but also because court 
proceedings are lengthy.  The government also reported that 
many victims from neighboring source countries request to 
immediately return to their country of origin.  During the 
reporting period, the government passed a general witness 
protection law, which may encourage more trafficking victims 
to testify against their traffickers.  The government offers 
victims legal alternatives to their removal to countries 
where they would face retribution or hardship.  Foreign 
victims may apply for humanitarian visas and remain in Turkey 
up to six months with the option to extend for an additional 
six months.  Few such visas are issued, however; the 
government issued only two in 2008. 
Prevention 
--------------- 
The government sustained its anti-trafficking prevention 
efforts during the reporting period.  The government,s 
interagency task force met more frequently in 2008 and 
assumed a stronger role in coordinating the government,s 
anti-trafficking efforts.  In 2008, the government published 
its second annual report on combating human trafficking and, 
with EU and IOM support, planned and supported via state TV 
and other free advertising, a campaign aimed at raising 
awareness of the national anti-trafficking (&1578) hotline. 
 However, it failed to adopt a new National Action Plan; the 
plan has awaited formal adoption for over a year.  Although 
the government signaled in 2007 that it would take over 
funding and operation of the &1578 hotline from IOM, it has 
yet to do so.  The Turkish government provided 
anti-trafficking training to its military personnel prior to 
their deployment aboard for peacekeeping duties.  The 
government did not report any measurable steps to reduce 
demand for commercial sex acts during the year. 
 
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 Turkey given a ranking of  Tier 2? 
 
A: The Government of Turkey does not fully comply with the 
minimum standards for the elimination of trafficking; 
however, it is making significant efforts to do so. 
 
Q2: What progress has Turkey made in the past year? 
A: Law enforcement continued to successfully target and 
disrupt trafficking networks and the government improved its 
prosecution of trafficking offenders in 2008.  The 
government,s anti-trafficking efforts were constrained, 
however, by inconsistent identification, referral, 
protection, and assistance to trafficking victims in Turkey. 
Q3: What can Turkey do to improve its fight against 
trafficking in persons? 
 
A: To improve its anti-trafficking performance, the Turkish 
government could: ensure consistent and sustained assistance 
for trafficking victims, including adequate government 
funding of shelters in Ankara and Istanbul; expand shelter 
capacity for victims; consider including NGOs and 
international organizations more consistently in the 
identification and interviewing process; take steps to 
identify trafficking victims within vulnerable populations in 
Turkey; continue to vigorously prosecute trafficking offenses 
and convict public officials complicit in trafficking; and 
expand awareness efforts to educate the public about the 
demand for commercial sex acts and its links to trafficking. 
 
12. The Department appreciates posts' assistance with the 
preceding action requests. 
CLINTON