VZCZCXYZ0000
OO RUEHWEB

DE RUEHC #3498 1692156
ZNR UUUUU ZZH
O 182134Z JUN 09
FM SECSTATE WASHDC
TO AMEMBASSY RANGOON IMMEDIATE 0000

UNCLAS STATE 063498 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: KTIP ELAB KCRM KPAO KWMN PGOV PHUM PREL SMIG BM
SUBJECT: BURMA -- TIP 2009 TIER 3 SHORT-TERM ACTION PLAN 
 
REF: (A) STATE 60440 
 
¶1. This is an action cable: please see paragraph 4. 
 
¶2. The 2009 Trafficking in Persons (TIP) Report carries 
policy and programmatic implications for those countries 
listed on Tier 3 (i.e. those countries whose governments do 
not fully comply with the minimum standards for the 
elimination of trafficking and are not making significant 
efforts to do so).  Under the Trafficking Victims Protection 
Act of 2000, as amended, (TVPA) certain sanctions, effective 
October 1, 2009, may be imposed on Tier 3 countries. 
Sanctions may be avoided if, prior to the Presidential 
determination on sanctions, a country makes "significant 
efforts" to comply with the minimum standards and the 
Secretary determines that the country should be reassessed 
off of Tier 3. 
 
¶3. The following statement is for Post's information only. If 
the Government of Burma completes the steps described below 
within  60 days of the TIP Report's release (by August 15, 
2009) and, assuming that other efforts continue apace and 
there are no significant negative events related to human 
trafficking, G/TIP and EAP will recommend to the Secretary 
that she make a determination that Burma has been found to 
meet the criteria for Tier 2 Watch List. If the Government of 
Burma were reassessed to Tier 2 Watch List, it would no 
longer be subject to sanctions. If the steps below are not 
completed, and Burma remains on Tier 3, the President has the 
option to waive sanctions, either in full or in part, if he 
determines that doing so would promote the purposes of the 
TVPA or is otherwise in the national interest of the United 
States. (Note: the term "sanctions" is used herein to 
describe sanctions defined in the TVPA, including provision 
for directed voting in international financial institutions 
(IFIs)). 
 
¶4. Action Request: Burma is listed as a Tier 3 Country in the 
2009 TIP Report. Post is requested to approach the 
government to urge that it implement the following steps 
within the next 60 days.  Department encourages Post to 
remind the government that, while these steps are critical in 
the next 60 days, continued significant efforts throughout 
the year will be key to next year's ranking. 
 
¶5. Begin demarche/action plan: 
 
The Secretary of State has determined that Burma neither 
fully complies with the minimum standards for the 
elimination of trafficking in persons, as set forth in U.S. 
law (the Trafficking Victims Protection Act, as amended), nor 
is it making significant efforts to comply with those 
standards. This places Burma on Tier 3.  Within 90 days of 
the release of the Trafficking in Persons Report, the 
President must transmit to Congress sanctions determinations 
for countries on Tier 3; sanctions could include certain 
restrictions on USG foreign assistance; and negative USG 
votes in international financial institutions(IFIs). 
 
During the next several months, the USG will work with the 
Government of Burma and foreign country missions most 
directly affected by trafficking to promote improvements in 
combating trafficking in persons.  (At the same time, the 
Government of Burma should work with foreign diplomatic 
missions directly affected, including Laos, Thailand, China, 
Malaysia, and Bangladesh.  Based on actions taken by Burma 
within 60 days of the Report's release, Burma could be 
determined to have made significant efforts to bring itself 
into compliance with the minimum standards if it undertakes 
significant actions against trafficking during this time 
frame. 
 
Fulfillment of the following steps would constitute 
significant efforts: 
 
¶A.    Criminally prosecute a significant number of military 
and civilian officials responsible for both forced labor and 
the conscription of child soldiers. (Note to Post: In the 
event that the government is unable to arrive at an 
appropriate benchmark, five or more prosecutions will be 
deemed significant.) 
 
-- Persons convicted should receive adequate prison 
sentences. (NOTE: Per the Implementation Guidelines, imposed 
sentences should involve significant jail time, with a 
majority of cases resulting in sentences on the order of one 
year,s imprisonment or more, but taking into account the 
severity of the individual,s involvement in trafficking, 
imposed sentences for other grave crimes, and the 
judiciary,s right to hand down punishments consistent with 
that country,s laws.  END NOTE.) 
 
-- Punishments limited to administrative penalties such as 
bans on future hiring, fines, and payment of back-wages to 
victims are not considered sufficient. 
 
¶B.    Work closely and transparently with the international 
community to adequately verify and document cases of forced 
labor.  This involves providing international organizations 
and NGOs access to parts of the country where forced labor 
cases are identified, and providing these international 
organizations and NGOs with private access to victims of 
forced labor. 
 
¶C.    Work closely and transparently with the international 
community to adequately verify and cases of the unlawful 
recruitment and use of child soldiers.  Demonstrate 
significant concrete progress in demobilizing child soldiers 
from all ranks of the Burmese military, including by 
significantly increasing the number of child soldiers 
identified and returned to their families, and granting 
UNICEF and other NGOs full and unrestricted access to 
released child soldiers for follow-up and assistance. 
 
¶D.    Significantly increase the number of criminal 
prosecutions of cases involving internal sex and labor 
trafficking. (Note to Post: In the event that the government 
is unable to arrive at an appropriate benchmark, G/TIP 
suggests that &significant8 means on the order of ten or 
more.) 
 
¶E.    Share information on human trafficking cases prosecuted 
by the government with international organizations and NGOs, 
and increase collaboration with international NGOs and 
international organizations in a transparent and accountable 
manner. 
 
¶F.    Develop and implement a formal procedure to identify 
both labor and sex trafficking victims among vulnerable 
groups, including undocumented ethnic groups, women arrested 
for prostitution, and refer them to available protective 
services.  Such training should include information on the 
application and enforcement of laws used to prosecute human 
trafficking (both labor and sex trafficking), sensitization 
in basic human rights concepts, trafficking victim and 
offender identification methods, and specific victim care 
procedures.  Such training should also include information 
specific to the identification of victims of internal 
trafficking.  Such training programs should be &hands-on8 
and provide ample opportunity for participants to practice 
and apply the concepts discussed and receive feedback on 
their performance.  If trafficking in persons-related 
expertise is not locally available, consider requesting that 
an international consultant or organization, such as IOM, 
with a proven capacity in this area deliver such a training 
program. 
 
-- A formal procedure would, at a minimum, articulate a 
policy promoting proactive screening for victims, and 
training personnel in victim identification methods or 
assigning already trained personnel to high-risk areas. 
 
-- A minimum sufficient victim identification procedure would 
include the use of social workers and/or other professionals 
trained specifically in trafficking victim identification to 
interview those in vulnerable groups for evidence of 
trafficking.  (NOTE: Per the Implementation 
Guidelines,victims should not be expected to self-identify 
due to possible feelings of shame or fear of retribution from 
their traffickers or punishment by the government, and should 
go beyond the mere checking of an individuals, papers.  END 
NOTE.) 
 
--Proactive measures for victim identification are 
particularly necessary among groups vulnerable to 
trafficking, such as foreigners being held for deportation 
and women arrested for prostitution, and it is most 
appropriate in areas where these potential victims may 
interface with the government, including detention centers, 
deportation centers, and police stations. 
 
-- Ensure that identified victims of trafficking, including 
victims of labor trafficking and victims without legal 
status, are not prosecuted, detained, or otherwise penalized 
for acts committed as a direct result of being trafficked, 
such as violation of immigration provisions or prostitution. 
 
-- Ensure that victims receive access to victim 
services.(NOTE: Per the Implementation Guidelines, a 
government should 
ensure that victims receive access to primary health care, 
counseling, and shelter that allows them to recount their 
trafficking experience to trained social counselors and law 
enforcement at a pace with minimal pressure.  END NOTE.) 
Establishing a standard referral procedure to transfer 
identified victims to NGO victim services is recommended. 
 
End demarche/action plan. 
 
¶6. Post's continued assistance and efforts in the fight to 
eliminate trafficking in persons are greatly appreciated. 
CLINTON