VZCZCXYZ0005
OO RUEHWEB

DE RUEHC #4215 3110747
ZNR UUUUU ZZH
O 051607Z NOV 09
FM SECSTATE WASHDC
TO AMEMBASSY BAMAKO IMMEDIATE 1294-1297

UNCLAS STATE 114215 
 
SENSITIVE 
 
C O R R E C T E D  C O P Y   (ADDED SENSITIVE CAPTION) 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: KTIP PREL KCRM KWMN PHUM SMIG ML
SUBJECT: MALI: 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. 
     ¶E. 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 Mali 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.  (SBU) Action request continued:  Post is further 
requested to emphasize to the Government of Mali 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 Mali 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.  (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.  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.  (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. 
 
-- Mali 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 
(or other relevant criteria). 
 
-- 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 Mali,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 
Mali,s continuation of its current efforts to combat 
trafficking in persons. 
 
End talking points. 
 
¶9.  (SBU) Begin Action Plan for Mali: 
 
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: 
 
¶1.    Increase efforts to prosecute and convict child 
trafficking offenders by investigating    areas of the 
country where trafficking exists and  investigating suspected 
traffickers for   the purpose of arrest and prosecution.  For 
example, in March 2008, officials arrested      suspected 
traffickers of 26 children to Mali from Guinea.  In June, the 
suspects were           released pending trial, but as of 
March 2009, no trial date had yet been set.  Follow-up 
on this and similar cases by moving forward with prosecutions 
of suspects. 
 
Progress on this item will be measured by increased reports 
of trafficking prosecutions and convictions. 
 
Take legal action against hereditary slavery.  Currently, no 
legislation criminalizing slavery exists in Mali, making 
prosecution of slavery related cases difficult.  Mali has, 
however, ratified the 1981 African Human Rights Charter, 
which prohibits slavery.  In addition, existing statutes 
regarding involuntary detention may be used in the 
prosecution of such cases.  Moreover, Criminal Code Article 
242 prohibits individuals from entering into agreements or 
contracts that deprive third parties of their liberty, 
another law that could be used to prosecute slavery cases. 
Anti-slavery activists have brought six slavery cases to the 
attention of judicial officials, one of which is that of a 
black Tamachek child taken from his parents in 2007 by an 
individual claiming traditional ownership rights over the 
child.  The Government of Mali should take steps to apply 
these slavery-related laws to prosecute the six cases brought 
to courts by anti-slavery activists. 
 
¶2.    Increase efforts to rescue child trafficking victims 
and individuals subjected to        conditions of hereditary 
slavery. 
 
a.    Investigate areas of the country where trafficking 
exists and remove victims from            exploitation.  For 
example, reports indicate that children are trafficked from 
neighboring       countries to work in Malian rice fields, 
located in the zone of the Office du Niger.   In 
addition, children are also reportedly trafficked to Malian 
gold mines, where they rub    poisonous mercury into their 
hands to separate gold from soil. Malian authorities should 
make greater efforts to investigate reports of forced child 
labor in these and similar    cases. 
 
b.    Rescue individuals subjected to conditions of slavery. 
 
      Progress on this item will be measured by increased 
investigations by Malian authorities      into child 
trafficking and hereditary slavery and increased rescues of 
victims of these  forms of exploitation. 
 
II. Action Plan for the Long-Term: Other measures the 
government should consider to boost its overall 
anti-trafficking efforts: 
 
Prosecution: 
 
-- Draft and enact a law prohibiting the trafficking of 
adults. 
 
-- Draft and enact a law prohibiting traditional hereditary 
slavery. 
 
-- Develop a centralized crime database to record the number 
of trafficking cases investigated and the number of suspected 
traffickers arrested, prosecuted, and convicted in Mali.  For 
those convicted, the database should record the length of 
sentences imposed. 
 
-- Incorporate into the national law enforcement curricula a 
course on trafficking.  The course should cover techniques 
for a) investigating trafficking cases; b) arresting 
traffickers and collecting evidence for their prosecution; c) 
rescuing victims and referring them for care; and d) 
interviewing victims to obtain testimony for prosecution. 
 
Protection: 
 
-- Consider developing a trafficking victim database that 
records the number of victims identified by police and 
referred to NGOs for care.  The database should, to the best 
extent possible, record the type of trafficking the victim 
experienced, the age and gender of the victim, and the place 
of origin of the victim. 
 
-- Increase efforts to interview rescued victims of 
trafficking and traditional hereditary slavery in order to 
collect evidence to prosecute their exploiters. 
 
Prevention: 
 
-- Reach out to the Government of Cote d,Ivoire to 
collaborate to combat trafficking of Malian children to Cote 
d,Ivoire,s cocoa sector.   In 2000, Mali and Cote d,Ivoire 
signed a bilateral agreement to address this, but since 
cooperation stalled when civil war broke out in Cote 
d,Ivoire. 
 
-- Take steps to increase public awareness-raising about 
trafficking and traditional hereditary slavery through radio 
broadcasts and visits of government officials to communities 
throughout Mali to educate the population about these crimes. 
 
End Action Plan. 
 
¶10. (U) Department appreciates post's continued assistance 
and efforts in the fight to eliminate trafficking in persons. 
CLINTON