VZCZCXYZ0008
OO RUEHWEB

DE RUEHC #4684 2802031
ZNR UUUUU ZZH
O 072010Z OCT 09
FM SECSTATE WASHDC
TO AMEMBASSY TUNIS IMMEDIATE 0000

UNCLAS STATE 104684 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: KTIP PREL KCRM KWMN PHUM SMIG TS
SUBJECT: TUNISIA: 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 Tunisia 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 Tunisia 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 Tunisia,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 Tunisia has ratified the U.N. Protocol to 
Prevent, Suppress and Punish Trafficking in Persons, 
Especially Women and Children.  This Protocol contains a 
number of provisions, including those 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. 
 
The United States recognizes that Tunisia made progress on 
addressing human trafficking in 2008 and early 2009, 
particularly by convicting a trafficking offender and signing 
a cooperative agreement with Italy on trafficking and 
migration.  We recommend, however, that the Government of 
Tunisia concentrate on implementing several reforms before we 
can advocate removing Tunisia from the Tier 2 Watch List 
classification.  We suggest the government focus its efforts 
on three specific areas: 1) raising public awareness of human 
trafficking; 2) taking law enforcement action against human 
trafficking; and 3) instituting a victim identification and 
referral mechanism.  To help achieve these goals, we offer 
the following suggestions of specific steps the government 
could consider. 
 
-- Launch a nationwide awareness campaign aimed at educating 
government officials and the general public about the nature 
of human trafficking.  Publicize available resources for 
trafficking victims and populations vulnerable to 
trafficking.  This could be carried out in a variety of 
locally appropriate ways.  For example: 
 
a. Air brief informational spots on local radio and 
television stations; 
 
b. Government officials knowledgeable on trafficking give 
press interviews or include discussions of trafficking and 
trafficking related issues in public appearances and 
speeches; 
 
c. Place opinion editorials (op eds) on trafficking in 
persons in local newspapers; 
 
d. Publicize, where appropriate, trafficking-related court 
proceedings in local news media; or 
 
e. Encourage government-sponsored media including radio, 
television, and print to air anti-trafficking messages and 
advertisements free of charge. 
 
-- Utilize existing criminal statutes against forced labor 
and forced prostitution to investigate and prosecute human 
trafficking offenses, particularly those involving internal 
trafficking of children for domestic servitude.  Convict and 
sentence, where appropriate, trafficking offenders.  Make 
available statistics on trafficking prosecutions, 
convictions, and sentences achieved during the year.  Such 
statistics can include those prosecutions achieved under 
non-trafficking statutes (e.g., kidnapping, assault, rape, 
etc.), but must be confirmed to involve trafficking-specific 
crimes ) such as forced adult or child labor, forced 
prostitution, and child prostitution ) in order to be cited 
in the 2010 Trafficking in Persons Report. 
 
-- 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. 
 
-- Establish and implement formal policies and procedures for 
identifying trafficking victims among vulnerable groups, 
interviewing potential victims, and transferring victims to 
the care, when appropriate, of local NGOs or international 
organizations.  These steps will enhance the ability of 
police, other law enforcement entities, and social welfare 
officials (such as child protection delegates) to respond to 
the physical and psychological needs of trafficking victims. 
 
-- 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. 
-- Undertake a baseline assessment of human trafficking in 
Tunisia to better understand the scope and magnitude of the 
problem.  This could be done in partnership with an NGO, 
international organization, or professional organization 
specializing in human trafficking research. 
CLINTON