VZCZCXYZ0007
PP RUEHWEB

DE RUEHC #9986 2401539
ZNR UUUUU ZZH
P 281523Z AUG 09
FM SECSTATE WASHDC
TO AMEMBASSY RIGA PRIORITY 0000

UNCLAS STATE 089986 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: KCRM KWMN LG PHUM PREL SMIG KTIP
SUBJECT: LATVIA: TIP TIER 2 WATCH LIST ACTION PLAN 
(2009-2010) 
 
REF: A. 2008 STATE 132759 
     ¶B. 2007 STATE 150188 
     ¶C. 2009 STATE 005577 
     ¶D. 2009 STATE 62182 
 
¶1. (U) This is an action request (see paras 2-4). 
 
¶2. (U) Begin action request:  Drawing from points in para 8, 
Post is requested to approach appropriate host government 
officials to highlight the United States' strong commitment 
to continue to work with the Government of Latvia to help 
strengthen its efforts to combat and prevent trafficking in 
persons (TIP) and to assist victims.  Post is requested to 
convey the recommendations in para 9 as a non-paper and draw 
from the talking points in para 8 to explain to the host 
government the need for prompt action on the first set of 
recommendations for a positive review in the interim 
assessment that the Department will release to Congress by 
February 2010 and for movement out of the Tier 2 Watch List 
in next year's Report.  Additional recommendations are also 
included in para 9 to aid the host government in making 
progress in its overall anti-TIP efforts.  The notes 
indicated in brackets in the action plan are for post,s 
background only and may be omitted from the non-paper.  The 
&Implementation Guidelines8 referenced in the action plan 
notes are contained in reftel B.  These guidelines provide 
guidance to posts on how the Minimum Standards of the 
Trafficking Victims Protection Act, as amended, (TVPA) are 
implemented, and have been cleared by regional bureaus. 
 
¶3. (U) Action request continued:  Post is further requested 
to emphasize to the Government of Latvia that the first set 
of recommendations is designed to help remedy the specific 
shortcomings identified in the 2009 TIP Report that resulted 
in the placement of Latvia on the Tier 2 Watch List.  These 
recommendations are often referred to as "high-priority" 
items for Tier 2 Watch List removal. However, sustained and 
significant anti-trafficking efforts by the government 
throughout the year will remain the basis for determining 
next year's tier placement.  The interim assessment for 
Special Watch List countries (to include Tier 2 Watch List 
countries) will provide a progress report regarding the 
government's actions to address the short list 
recommendations designed to address the concerns that 
resulted in the country's placement on the Tier 2 Watch List 
in the 2009 TIP Report (high-priority items), but there will 
be no changes in tier ratings at that time.  We will 
reconsider the government's tier placement when we conduct 
our annual full assessment for the March 2009-2010 reporting 
period next spring. 
 
¶4. (U) Action request continued:  The Department recognizes 
that Post may choose to use this opportunity to provide 
additional recommendations, beyond the recommendations for 
moving out of the Tier 2 Watch List.  In such a case, we 
request that Post make clear to the government what are the 
"high-priority" items to move off of the Tier 2 Watch List. 
The non-paper in para 9 includes both "high-priority" 
recommendations for Tier 2 Watch List removal and 
further-reaching goals for longer-term success in combating 
trafficking in persons in all 3 P areas: Prosecution, 
Protection, and Prevention.  (For posts, background 
information:  G/TIP will be asking for posts to report on the 
country's progress in meeting these recommendations by no 
later than November 15, 2009, in order to compile narratives 
for the interim assessment.) 
 
¶5. (U) In preparation for the interim assessment and 2010 TIP 
Report, the Department is asking posts to work with host 
governments throughout the year to collect as many statistics 
as possible on law enforcement actions and judicial 
proceedings related to TIP crimes, specifically the 
Department requests data on investigations, prosecutions, 
convictions, and sentences (e.g., fines, probation, length of 
prison sentences imposed, asset seizure information when 
available).   Whether a government collects and provides this 
data consistent with the government's capacity to obtain such 
data is considered in determining whether the government 
qualifies for Tier 1.  Law enforcement statistics, when 
available, are a good way of highlighting how well a 
government enforced its law and demonstrates strengths and 
weaknesses in various approaches.  Please note that host 
governments and embassies must interpret data terms provided 
by host governments such as indictments, charges, cases 
disposed, cases submitted for prosecution, etc., to ensure 
that they fit into one of the following categories: 
investigations, prosecutions, convictions or sentences. 
 
The Department cannot accept "trafficking-related" law 
enforcement statistics (e.g, statistics on prostitution or 
smuggling offenses) because their direct correlation to 
trafficking crimes is not clear.  The Department will accept 
only law enforcement data that fall into the following 
categories: (1) investigations, prosecutions, convictions, 
and sentences for offenses that are explicitly defined as 
trafficking; and (2) investigations, prosecutions, 
convictions, and sentences for offenses that are not defined 
explicitly as trafficking but in which the competent law 
enforcement or judicial authority has specific evidence 
indicating that the defendant was involved in trafficking. 
 
¶6. (U) The Department is also asking Posts to engage with 
host governments on efforts to address amendments made by the 
2008 Trafficking Victims Protection Reauthorization Act 
(TVPRA).  As indicated in reftel C, 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. 
 
¶7. (U) Please keep in mind the TIP Report measures host 
government efforts.  In order for anti-trafficking activities 
financed or conducted principally by parties outside the 
government to be considered for tier placement purposes, Post 
needs to demonstrate a concrete role or tangible value-added 
by a host government in such activities carried out by NGOs, 
international organizations, or posts. 
 
¶8. (U) Background Points: 
 
Begin talking points: 
 
-- The Obama Administration views the fight against human 
trafficking, both at home and abroad, as a critical piece of 
our foreign policy agenda.  We are committed to making 
progress on this issue in the months ahead by working closely 
with partners in every country. 
 
-- The U.S. Government's Trafficking Victims Protection Act 
requires the State Department to submit an annual report to 
Congress on the status of foreign governments, efforts to 
combat trafficking in persons.  Pursuant to the Trafficking 
Victims Protection Reauthorization Act of 2003 (TVPRA), the 
Department created a special category for Tier 2 countries 
that do not show increasing efforts from the previous year, 
have a very significant number of victims, or whose Tier 2 
rating is based on commitments to take additional steps over 
the next year. 
 
-- Also as mandated by the TVPRA, by February 2010 the 
Department will submit to Congress an interim assessment.  At 
the end of 2009 in preparation for that submission, the 
Department will conduct an assessment of Tier 2 Watch List 
countries' progress in responding to the specific issues of 
concern that resulted in the Tier 2 Watch List rating. 
 
-- Latvia was placed on Tier 2 Watch List in this year's 
Report because of a lack of evidence of increasing efforts to 
combat severe forms of trafficking in persons from the 
previous year. 
 
-- We offer the following recommended actions (Action Plan 
for the Short-term) to tackle specific shortcomings 
highlighted in the 2009 TIP Report.  We believe these to be 
within the reasonable ability of your government to fulfill 
in the near-term and encourage you to take prompt action for 
a positive narrative in the interim assessment.  New tier 
evaluations will not occur at the interim assessment.  We 
will reconsider a government,s tier placement when we 
conduct our annual full assessment for the 2009-2010 
reporting period next spring.  Prompt, appropriate, and 
significant actions will lead to a more favorable tier 
placement; conversely, failure to address the issues 
mentioned above may lead to a Tier 3 placement. 
 
-- We would welcome the Government of Latvia,s comments on 
these recommendations and any other ideas you might have to 
advance our common struggle against trafficking in persons. 
 
-- In addition to the short list of recommendations 
corresponding to our concerns that resulted in your 
government,s placement on the Tier 2 Watch List in the 2009 
TIP Report, we offer additional suggestions of actions that 
your government may choose to take (Action Plan for the Long 
term).  These further measures would be in addition to 
Latvia,s continuation of its current efforts to combat 
trafficking in persons. 
 
End talking points. 
 
¶9.  (SBU) Begin Action Plan: 
 
¶A.    Action Plan for the Short-Term: The following are 
recommended measures for a positive interim assessment in 
January 2010 and in the broader assessment of government 
efforts during the reporting period: 
 
-- Consider simplifying the victim assistance certification 
process and ensure a greater number of victims are provided 
access to government-funded assistance (per the Social 
Services and Social Assistance Law enacted in 2006). 
 
-- Increase efforts to identify victims of trafficking among 
vulnerable populations, such as women and girls in 
prostitution, and refer these victims for assistance. 
 
-- Increase efforts to prosecute and convict labor 
trafficking offenders. 
 
-- Ensure that a majority of convicted traffickers serve some 
time in prison. 
 
¶B.  Other areas the government should consider for action to 
boost its overall anti-trafficking efforts: 
 
Prosecution: 
---------------- 
 
-- Ensure law enforcement, border guards, and labor 
inspectors receive labor trafficking training. 
 
-- Make efforts to investigate, prosecute, convict, and 
sentence to imprisonment individuals responsible for 
recruiting victims for the purpose of trafficking within 
Latvia. 
 
Protection: 
---------------- 
 
-- Ensure foreign victims of trafficking are safely, and to 
the best extent possible, voluntarily repatriated to their 
country of origin after receiving access to victim services. 
Safe repatriation involves destination countries contacting a 
competent governmental body, NGO, or international 
organization in the relevant source country to ensure that 
the trafficked persons who return to their country of origin 
are provided with assistance and support necessary to their 
well-being. 
 
-- Take steps to expand available victim services to areas 
outside of Riga. 
 
-- Work with NGOs to improve services available to victims of 
trafficking; improve communication and coordination with 
anti-trafficking NGOs. 
 
Prevention: 
----------------- 
 
-- Increase efforts to raise general public awareness about 
both sex and labor trafficking. 
 
-- Increase government awareness of trafficking trends 
involving foreign victims exploited within Latvia. 
 
End non-paper. 
 
¶10.   (U) The Department thanks post for its continued 
efforts to address trafficking in persons issues. 
CLINTON