VZCZCXYZ0007
PP RUEHWEB

DE RUEHC #6804 2601912
ZNR UUUUU ZZH
P 171852Z SEP 09
FM SECSTATE WASHDC
TO AMEMBASSY BUJUMBURA PRIORITY 0000

UNCLAS STATE 096804 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: KTIP PREL KCRM KWMN PHUM SMIG BY
SUBJECT: BURUNDI: TIP TIER 2 WATCH LIST ACTION PLAN 
(2009-2010) 
 
REF: A. A. 2008 STATE 132759 
     ¶B. B. 2007 STATE 150188 
     ¶C. C. 2009 STATE 005577 
     ¶D. D. 2009 STATE 62182 
 
¶1.  (U) This is an action request (see paras 2-4). 
 
¶2.  (SBU) 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 Burundi 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 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. 
 
 
¶3.  (SBU) Action request continued:  Post is further 
requested to emphasize to the Government of Burundi that 
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.  (SBU) 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 which are the "high-priority" items to move off of 
the Tier 2 Watch List.  (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.  (SBU) 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.  (SBU) 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.  (SBU) 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. 
 
-- We offer the following recommended actions 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 Burundi,s comments on 
these recommendations and any other ideas you might have to 
advance our common struggle against trafficking in persons. 
 
End talking points. 
 
¶9.  (SBU) Begin Action Plan: 
 
The Government of Burundi has signed, but not yet ratified, 
the U.N. Protocol to Prevent, Suppress and Punish Trafficking 
in Persons, Especially Women and Children.  This Protocol 
includes provisions relating to protection of trafficking 
victims, criminalization of trafficking offenses, and 
prevention of trafficking.  The government may wish to 
consider working toward full implementation of the Protocol, 
including adopting legislative measures to criminalize 
trafficking in persons as defined in the Protocol. 
 
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The following are recommended "high-priority" steps for more 
effectively combating human trafficking: 
--------------------------------------------- -------------- 
 
-- Increase awareness of human trafficking by launching an 
educational campaign.  The focus should include not only 
general public awareness of human trafficking, but also 
information that will specifically help victims identify 
government or NGO sources of assistance.  This could be 
carried out in a variety of locally appropriate ways.  For 
example: 
 
a) Air brief informational spots or public service 
announcements on local radio stations; 
b) Sensitize journalists to trafficking in persons; 
c) Publicize, where appropriate, trafficking-related court 
proceedings in local news media; or 
d) Display posters in public places depicting the dangers of 
human trafficking, how to report a case, or where to go to 
seek assistance. 
e) Disseminate information on the dangers of human 
trafficking, how to report a case, or where to go to seek 
assistance through local NGO and religious networks that have 
interest in protecting women and children. 
 
-- Utilize the specific human trafficking provisions of the 
amended criminal code to investigate and, where possible, 
prosecute alleged trafficking offenses. 
 
-- Institute training on human trafficking as a standard part 
of the mandatory training program for new police and border 
guards.  Ensure that graduating law enforcement officials can 
distinguish between human trafficking and smuggling; have 
developed skills in interviewing suspected victims of 
trafficking; are aware of procedures for transferring victims 
to the care of NGOs or other social service providers; and 
understand how to properly report and document the crime. 
-- Investigate the situation of children in prostitution in 
Burundi for evidence of trafficking.  In conjunction with 
those ministries responsible for working with vulnerable 
children, the Police Brigade for the Protection of Minors 
should seek to identify areas and specific locations within 
the country where children are found in prostitution and take 
appropriate legal action against those facilitating such 
commercial sexual exploitation.  In partnership with local 
human rights organizations or international NGOs, the 
government should also begin to ensure the provision of 
short-term protective services to children who have been 
trafficked into prostitution. 
 
-- In regard to increasing protective services for all types 
of trafficking victims, government-sponsored public awareness 
campaigns and government support of civil society entities 
desiring to provide assistance to victims will be essential 
in creating a nationwide network capable of supplying these 
services; at this time few viable service providers exist. 
 
 
--------------------------------------------- -------------- 
Other valuable anti-trafficking interventions the Government 
of Burundi may wish to pursue: 
--------------------------------------------- -------------- 
 
-- Enhance the ability of police, other law enforcement 
entities, and social welfare officials to respond to the 
 
physical and psychological needs of trafficking victims by 
formalizing procedures for interviewing potential victims and 
transferring them to the care, when appropriate, of local 
NGOs or international organizations, and assuring eventual 
reintegration.  To facilitate this sort of cooperation, seek 
out, learn about the work of, and establish partnerships with 
organizations working to protect children within the country. 
 Ensure that police receive clear instructions regarding 
their specific roles and responsibilities to combat 
trafficking. 
 
-- Consider the feasibility of and show progress toward the 
development of a specific and comprehensive national law 
against human trafficking that includes both transnational 
and internal trafficking.  The law should define trafficking, 
specify who can be considered a trafficker, and outline a 
punishment scheme for various trafficking acts.  The process 
by which the law is developed should be consultative, and 
include input gained from broad consultations with relevant 
ministries and police agencies, civil society, human rights 
bodies, and international organizations that deal with issues 
relating to human trafficking. 
 
-- Continue, in cooperation with UNICEF and local and 
international NGOs, to provide medical, psycho-social, 
educational, and skills training to demobilized children 
associated with FDD and FNL.  Follow-up with reintegrated 
children to ensure that they have successfully assimilated 
into civilian life (e.g., the child,s basic needs are being 
met; s/he has returned to school, or received vocational 
training and obtained employment; and s/he is not engaging in 
criminal or other destructive behavior). 
CLINTON