VZCZCXYZ0000
PP RUEHWEB

DE RUEHTU #0123/01 0491533
ZNR UUUUU ZZH
P 181533Z FEB 10
FM AMEMBASSY TUNIS
TO RUEHC/SECSTATE WASHDC PRIORITY 7304
INFO RUCNMGH/MAGHREB COLLECTIVE
RUEATRS/DEPT OF TREASURY WASHINGTON DC
RUEAWJA/DEPT OF JUSTICE WASHINGTON DC
RUEAHLC/DEPT OF HOMELAND SECURITY WASHINGTON DC

UNCLAS TUNIS 000123 
 
SENSITIVE 
SIPDIS 
 
FOR G/TIP, G (LAURA PENA), INL, DRL, PRM, AND NEA/MAG, ALSO 
FOR USAID 
 
E.O. 12958: N/A 
TAGS: ELAB KTIP KCRM KFRD KWMN KMCA PHUM PREF SMIG
ASEC, TS 
SUBJECT: TUNISIA: INPUT FOR THE 2010 TRAFFICKING IN PERSONS 
REPORT 
 
REF: A. STATE 2094 (NOTAL) 
     ¶B. TUNIS 97 (NOTAL) 
     ¶C. 09 TUNIS 850 (NOTAL) 
     ¶D. 09 TUNIS 831 (NOTAL) 
     ¶E. 09 TUNIS 775 (NOTAL) 
     ¶F. 09 TUNIS 758 (NOTAL) 
     ¶G. 09 TUNIS 95 (NOTAL) 
 
Sensitive but Unclassified.  Please protect accordingly. 
 
¶1. (SBU) Summary:  Neither the Tunis offices of the IOM, 
UNHCR, or UNICEF, nor any local or international NGOs working 
in Tunisia, identified any specific instances of trafficking 
during the reporitng period.  End summary. 
 
¶2. (SBU) This cable responds to questions posed by the 
Department in ref A.  Embassy POC for TIP issues is Laura 
Byergo, (Tel) 216-71-107-306, (Fax) 216-71-107-053.  Number 
of hours spent by rank:  2 hours FE-MC, 2 hours FE-OC, 43 
hours FS-02. 
 
¶3. (SBU) Paragraphs below are keyed to questions posed in 
paragraphs 25-33 in ref A. 
 
¶4.  The Country's TIP Situation (paragraph 25) 
 
¶A.  Sources of Available Information on Trafficking in 
Persons:  In researching the questions posed ref A, the 
Embassy consulted with other relevant organizations to 
compile this response, including DHS/ICE, the International 
Organization for Migration, UNICEF, the General Union of 
Tunisian Workers (UGTT), diplomatic missions in Tunis, and 
local and international press coverage of illegal immigration 
issues.  The Embassy believes that the information from these 
sources is reliable, but continues to pursue direct, 
substantive dialogue with the GOT as the best means to obtain 
definitive information and influence policy on TIP.  Per ref 
E, the GOT has named a point of contact for substantive 
discussions with the Embassy on TIP issues, but has not yet 
responded to requests to schedule a meeting. 
 
¶B.  Tunisia has not been identified as a significant country 
of origin, transit, and/or destination for internationally 
trafficked people.  Neither the Tunis offices of the IOM, 
UNHCR, Or UNICEF, nor any local or international NGOs working 
in Tunisia, identified any specific instances of human 
trafficking during the reporting period.  Non-governmental 
contacts report that there was no evidence of coercion, 
fraud, or use of force to induce migrations and no indication 
that these migrants are subject to involuntary servitude, 
peonage, or debt bondage in Tunisia.  All contacts reported 
individual migrants were seeking to migrate in Europe 
independently of any organized criminal or trafficking 
network.  Tunisia's geographic location makes it attractive 
to illegal migrants, both Tunisian and foreign, attempting to 
reach Europe but the migrant flow is small compared to 
Morocco or Libya.  Many Tunisian migrants prefer to go 
through Libya rather than depart from Tunisia.  The GOT works 
hard to secure its borders for security reasons and therefore 
has the laws and resources in place to minimize illegal 
migration across its borders.  Additionally, Tunisia's small, 
homogeneous, and educated population helps diminish the 
likelihood of trafficking and exploitation.  Comprehensive 
government laws and policies focused on social justice and 
equality mean Tunisia is well prepared to combat the 
international phenomenon of trafficking in persons. 
Government officials are knowledgeable about the 
international problem, and the GOT has undertaken legal and 
practical steps to prevent its emergence in Tunisia and to 
coordinate with those fighting the problem in neighboring 
countries.  There was no evidence of forced labor in Tunisia, 
and the GOT actively manages and supervises the labor market, 
including the market for domestic employees. 
 
C-E. Not applicable (N/A). 
 
¶5. (SBU) Setting the Scene for the Government's Anti-TIP 
Efforts 
(paragraph 26) 
 
¶A.  The GOT does not identify trafficking in persons as a 
problem in Tunisia.  Although the GOT is serious about 
enforcing legislation designed to combat illegal migration 
and trafficking, Tunisia does not have a law specifically 
 
prohibiting trafficking.  Therefore, there were no 
investigations or arrests specifically designated as 
trafficking in 2009.  However, there are a number of laws 
under which traffickers could be punished.  The Government of 
Tunisia considers that crimes established in the Penal Code 
and other laws criminalizing slavery and forced and bonded 
labor bring Tunisia into compliance with the TIP protocol. 
Moreover, Tunisian authorities strongly believe and often 
reiterate that trafficking in persons is an insignificant 
phenomenon in Tunisia. 
 
The Tunisian passport law (No 6/2004) was amended in 2004 to 
include punishments for anyone who "guides, arranges, 
facilitates, assists, acts as an intermediary, or organized 
the surreptitious entry or exit, even without remuneration, 
of an individual to or from Tunisia by land, sea or air." 
Violators face imprisonment for up to twenty years and a fine 
of 100,000 Tunisian dinars (approximately $73,000) if the 
crime results in death.  Traffickers could also be prosecuted 
under laws prohibiting slavery, bonded labor, and the misuse 
of boats.  Slavery was banned in Tunisia in 1846, and in 1966 
Tunisia ratified the 1926 League of Nations Slavery 
Convention and related UN protocols.  Economic, sexual or 
criminal exploitation, as well as forced labor, prostitution, 
participation in armed conflict, displacement and any other 
form of servitude is illegal (see also paragraph 5B).  The 
penal code stipulates that government employees be sentenced 
to life imprisonment for document forgery.  In order to 
combat illegal migration by sea, marine laws were amended in 
2004 (No. 3/2004 and No. 4/2004) to require all boats with 
motors larger than five horsepower to inform the National 
Guard of its route and passengers before leaving port, or 
face a fine of 1,000 Tunisian dinars (approximately $730). 
All related international agreements also have the effect of 
codified law once ratified. 
 
There were no investigations, prosecutions, convictions, or 
sentences for offenses that were explicitly defined as 
trafficking during the reporting period.  There was an 
indication of possible trafficking although nothing has been 
proved.  Kalima, a Tunisian on-line independent news magazine 
that is not always accurate, reported that, after a complaint 
by the regional delegate for child protection, the police in 
Gabes had opened an investigation on January 20, 2010 into 
reports that a group of children had been sexually exploited 
by Libyan tourists. 
 
Throughout the year illegal migrants from Tunisia and 
elsewhere were intercepted off Tunisia's coastline or landed 
in Tunisia.  Most recently, on January 22, 2010 the French 
government announced that it was investigating a case of 124 
illegal immigrants reached Corsica.  The group included 38 
children and several pregnant women.  Some of the people 
claimed to be Kurds from Syria while others were from North 
Africa.  The French authorities reportedly suspected that the 
boat transporting the immigrants came from North Africa, 
possibly Tunisia.  There is no evidence that these migrants 
are being trafficked.  Non-governmental contacts report that 
there was no evidence of coercion, fraud, or use of force to 
induce migration and no indication that migrants are subject 
to involuntary servitude, peonage, or debt bondage in 
Tunisia.  All contacts reported individual migrants were 
seeking to migrate to Europe independently of any organized 
criminal migration or trafficking network. 
 
¶B.  No government ministry has been specifically designated 
as the lead agency for trafficking.  However, several 
ministries are involved with enforcing the network of laws 
that cover immigration and social welfare issues including 
the ministries of:  Justice and Human Rights; Interior and 
Local Development; Social Affairs, Solidarity and Tunisians 
Abroad; and Women, Family, Children and Senior Citizen's 
Affairs.  The government assigns a child protection delegate 
to each of Tunisia's districts to ensure that child sexual 
abuse victims receive adequate medical care and counseling. 
The GOT employs government workers, including social workers, 
to assist in shelters for abused women and children operated 
by the Tunisian National Women's Union.  The GOT also uses 
Social Affairs attaches posted to Embassies in countries with 
large Tunisian expatriate communities to inform Tunisians of 
their rights. 
 
¶C.  The GOT has adequate funding for its national security 
forces.  Corruption is a problem but does not impact the 
 
competence of the security forces.  The GOT faces more 
funding limitations in providing social services such as 
shelters. 
 
¶D.  The GOT does not systematically monitor its 
anti-trafficking efforts because it has not identified 
trafficking as a significant problem. 
 
¶E.  The GOT registers birth and deaths and has a national 
identity card.  A citizen requests an identity card at age 18 
that does not expire.  The card has several security features 
including, photo, fingerprint, and barcode data.  Security 
forces are allowed to stop people and ask for an 
identification card at any time.  They can also confiscate a 
person,s card.  If someone does not have a card, he or she 
can be taken to the police station for questioning.  The 
identification card is widely required to apply for 
government and legal services. 
 
¶F.  The government is capable of gathering and analyzing 
statistics, however it does not publish statistics relevant 
to trafficking in persons. 
 
¶6. (SBU) Investigations and Prosecutions of Traffickers 
(paragraph 27): 
 
¶A.  Although the GOT is serious about enforcing legislation 
designed to combat illegal migration and trafficking, Tunisia 
does not have a law specifically prohibiting trafficking. 
Tunisia did not enact any laws specifically related to 
trafficking in persons in 2009. 
 
¶B.  Sexual exploitation is addressed by the penal code and 
child protection laws.  These laws do not specifically 
address trafficking, and penalties depend on the degree of 
exploitation or violation of the law.  Government statistics 
on child welfare do not indicate how many were victims of 
commercial sexual exploitation nor do they include the 
sentences for those convicted of involvement.  The GOT has 
not yet published statistics related to child welfare for 
2009 or for 2008.  When the statistics are published by the 
Ministry of Social Affairs they cover demographic, health, 
and education trends.  In a small number of Tunisian cities, 
prostitution is legally organized and supervised by the 
Ministry of Interior in confined areas.  Otherwise, 
prostitution is illegal under articles 231 and 232 of the 
penal code, which includes punishments for prostitutes, 
clients, and intermediaries, and is strictly enforced. 
Prostitutes and their clients can be imprisoned from six 
months to five years and face fines of up to 500 Tunisian 
dinars (approximately $370).  Panders can get one to three 
years in prison.  Enforcement and prosecution of prostitution 
laws is strict. 
 
¶C.  The Tunisian labor code is comprehensive and strictly 
enforced.  Slavery, forced, and bonded labor are banned by 
the constitution, national laws, and international 
conventions.  In April 2009 a Tunis court convicted a 
Tunisian woman to three years in prison for subjecting a 
seven year old girl to domestic servitude and physical abuse. 
 The Ministry of Employment operates regional centers in each 
of Tunisia's 24 governorates, as well as 83 smaller offices, 
to assist job seekers in securing legitimate jobs and 
contracts.  The Ministry of Social Affairs, Solidarity and 
Tunisians Abroad is responsible for investigating violations 
of the labor code, including reports of labor abuses, and 
conducts approximately 30,000 investigations annually. 
Tunisia is not a destination for labor migrants. 
 
¶D.  The maximum penalty for rape with the use of violence 
and/or threat with a weapon is death, which is also 
prescribed for rape of a child under ten, even without the 
use or threat of violence.  In practice the death penalty has 
not been implemented since 1991.  For all other rape cases 
(i.e., without consent of the victim) the penalty is life 
imprisonment.  Tunisian law states that children under the 
age of 13 cannot consent to sexual relations.  Those guilty 
of or intending to have sexual relations with a child over 13 
and under 15 can be sentenced to six years.  Those guilty of 
or intending to have sexual relations with a child over 15 
and under 20 can be sentenced to five years. 
 
¶E.  The GOT did not prosecute any cases against human 
trafficking offenders during the reporting period. 
 
 
¶F.  GOT officials are knowledgeable about trafficking issues, 
but the GOT did not publicize or otherwise inform the Embassy 
of any specialized training for government officials in 
trafficking issues during the reporting period. 
 
¶G.  The GOT does cooperate with other countries to secure its 
borders, to prevent illegal migration, and to protect its 
citizens abroad.  However, there were no reported cases of 
international cooperation specifically related to trafficking 
in persons in the reporting period.  The Tunisian penal code 
allows for the punishment of individuals who commit crimes of 
debauchery outside of the country. 
 
¶H.  The GOT does not publish extradition figures. 
 
I - J.   There is no evidence of GOT involvement in or 
tolerance of trafficking on a local or institutional level. 
 
¶K.  There was no evidence that Tunisian peacekeepers deployed 
abroad engaged in or facilitated trafficking. 
 
¶L. Sex tourism has not been identified as a problem in 
Tunisia and there were no reports in 2009 of any prosecutions 
of foreign pedophiles.  However, Kalima, a Tunisian on-line 
independent news magazine that is not always accurate, 
reported that, after a complaint by the regional delegate for 
child protection, the police in Gabes had opened an 
investigation on January 20 2010 into reports that a group of 
children had been sexually exploited by Libyan tourists. 
 
¶7. (SBU) Protection and Assistance to Victims (paragraph 28): 
 
¶A.  Neither international organizations nor the government 
reported evidence of the presence of foreign or domestic 
trafficking organizations in Tunisia.  As there was no 
evidence of trafficking, the government provided no dedicated 
support to organizations for services to trafficking victims 
or witnesses and there were no organizations specifically 
undertaking this effort. 
 
¶B.  The GOT funds centers that provide limited shelter and 
assistance to children without parents, and operates juvenile 
reform centers.  Two private NGOs operate women's shelters 
that could be utilized by trafficking victims.  The 
government does not have victim care facilities.  However, 
the GOT generally cooperates with UNHCR and other 
humanitarian organizations in assisting refugees and asylum 
seekers.  There are several private charities and 
government-sponsored NGOs that offer assistance to illegal 
immigrants entering the country.  UNHCR reported that none of 
the people it interviewed during 2009 provided any 
indications that they had been trafficked. 
 
¶C.  As noted above, neither the Tunis offices of the IOM, 
UNHCR, or UNICEF, nor any local or international NGOs working 
in Tunisia, identified any specific instances of trafficking 
during the reporting period.  The GOT does not identify 
trafficking victims and so does not provide services to them. 
 
D-F.  N/A 
 
¶G.  None 
 
H-J.  The GOT does not proactively identify victims of 
trafficking among high-risk persons and therefore does not 
encourage victims to assist in the investigation and 
prosecution of trafficking per se. 
 
¶K.  The GOT did not report that it had provided any 
specialized training for government officials in identifying 
trafficking victims.  The Tunisian office responsible for 
assisting Tunisians abroad (ONAT), under the Ministry of 
Social Affairs, states on its website that it has the 
responsibility to assist Tunisian citizens abroad and 
intervene on their behalf with the host country authorities. 
It is responsible for collecting data on immigrants and their 
families remaining in Tunisia.  However, it does not provide 
any public statistics on its assistance to Tunisians abroad. 
The Ministry of Social Affairs publishes demographic 
statistics but does not publish statistics on child labor or 
trafficking cases. 
 
¶L.  N/A 
 
 
¶M.  UNHCR, IOM, and UNICEF are present in Tunisia and report 
that the government is generally cooperative in assisting 
them in their work.  Their offices in Tunisia are not aware 
of any trafficking victims. 
 
¶8. (SBU) Prevention (paragraph 29): 
 
¶A. We are not aware of any such campaigns. 
 
¶B. We are not aware of any such specific monitoring. 
 
¶C.  There is no specific interagency mechanism or task force 
established to deal with trafficking; however, the government 
works across agencies to handle illegal immigration issues 
and to control illegal labor, prostitution and other social 
issues. 
 
¶D.  As the GOT has found no evidence of trafficking in 
persons it has not developed a national plan to deal with 
this issue. 
 
E-F.  The government did not report any actions or campaigns 
to reduce demand for commercial sex or to reduce 
participation by its nationals in international sex tourism. 
 
¶G.  The government did not report any measures to ensure its 
nationals deployed as peacekeepers do not engage in or 
facilitate trafficking. 
 
¶9. (SBU) Partnerships (paragraph 30): 
 
¶A.  No. 
 
¶B.  The GOT does not currently provide assistance to other 
countries to address TIP. 
 
GRAY