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### Viewing cable 07REYKJAVIK49, SEVENTH ANNUAL ANTI-TRAFFICKING IN PERSONS (TIP)

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Reference ID | Created | Released | Classification | Origin
--- | --- | --- | --- | ---
07REYKJAVIK49 | 2007-03-01 17:05 | 2011-01-13 05:05 | UNCLASSIFIED//FOR OFFICIAL USE ONLY | Embassy Reykjavik

`

    VZCZCXRO2214
    OO RUEHAG RUEHAST RUEHDA RUEHDBU RUEHDF RUEHFL RUEHIK RUEHKW RUEHLA
    RUEHLN RUEHLZ RUEHROV RUEHSR RUEHVK RUEHYG
    DE RUEHRK #0049/01 0601759
    ZNR UUUUU ZZH
    O 011759Z MAR 07
    FM AMEMBASSY REYKJAVIK
    TO RUEHC/SECSTATE WASHDC IMMEDIATE 3167
    INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE
    RUEAWJA/DEPT OF JUSTICE WASHDC
    RUEHC/DEPT OF LABOR WASHDC
    RUEATRS/DEPT OF TREASURY WASHINGTON DC
    RUEAHLC/HOMELAND SECURITY CENTER WASHDC

` `

    UNCLAS SECTION 01 OF 10 REYKJAVIK 000049

    SIPDIS

    SENSITIVE, SIPDIS

    DEPT FOR EUR/NB:JMAHER, G/TIP, G, INL, DRL, PRM, IWI, AND EUR/PGI
    STATE PASS USAID

    E.O. 12958: N/A
    TAGS: PHUM KCRM KWMN ELAB SMIG ASEC KFRD PREF IC
    SUBJECT:  SEVENTH ANNUAL ANTI-TRAFFICKING IN PERSONS (TIP)
    REPORT FOR ICELAND

    REF:  06 STATE 202745

    ¶1. (SBU) Embassy point of contact on the trafficking in
    persons (TIP) issue is Political Officer Brad Evans, tel.
    +354-562-9100x2294, fax +354-562-9139, unclassified e-mail
    EvansBR@state.gov.  From February 20 until April 1, point
    of contact is Economic Officer Fiona Evans, tel. +354-562-
    9100x2295, fax +354-562-9139, unclassified e-mail
    EvansFS@state.gov.

    Hours spent on preparation:
    - Polofficer (FS 03)   20 hrs
    - Econofficer (FS 03)  8 hrs
    - Polassistant         60 hrs
    - DCM                  2 hrs
    Total:                 90 hrs

    The following questions and answers correspond to the
    format provided reftel.

    ¶2. (SBU) Overview of a country's activities to eliminate
    trafficking in persons:

    -- A. Is the country a country of origin, transit, or
    destination for international trafficked men, women, or
    children?  Provide, where possible, numbers or estimates
    for each group; how they were trafficked, to where, and for
    what purpose.  Does the trafficking occur within the
    country's borders?  Does it occur in territory outside of
    the government's control (e.g. in a civil war situation)?
    Are any estimates or reliable numbers available as to the
    extent or magnitude of the problem?  What is (are) the
    source(s) of available information on trafficking in
    persons or what plans are in place (if any) to undertake
    documentation of trafficking?  How reliable are the numbers
    and these sources?  Are certain groups of persons more at
    risk of being trafficked (e.g. women and children, boys
    versus girls, certain ethnic groups, refugees, etc.)?

    There were no confirmed cases of trafficking in the
    reporting period. There were a handful of alleged victims.
    There were isolated cases of destination and theoretically
    cases of origin as well.  Putative cases fall into several
    categories:  undocumented Eastern European workers in
    construction and manufacturing; 'mail-order' or 'Internet'
    brides (both Eastern European and Asian) trapped with
    abusive, controlling Icelandic husbands; and underpaid
    and/or mistreated workers in nightclubs and massage
    parlors.

    The only information available on TIP is hearsay.  Post's
    sources (especially NGOs)  maintain that TIP does exist in
    Iceland. NGOs know of concrete examples of trafficking, yet
    they cannot give an accurate estimate of how widespread TIP
    is in Iceland.  There are no plans to undertake
    documentation of trafficking.

    There is concern that undocumented foreign workers in
    Iceland's booming construction sector may be exploited.
    Most sources stress that the men willingly work illegally
    in Iceland in order to make up to four times the normal
    income in their Eastern-European/Baltic home countries and
    opine that these are cases of immigrant and employment law
    violations rather than trafficking in persons. The
    'victims' enter the country on tourist visas or as Schengen
    zone residents and proceed to work without obtaining work
    permits.  Judging by anecdotal evidence from press
    accounts, such cases may number in the dozens, but no
    Icelandic institution has undertaken a formal estimate.

    The number of strip clubs in the Greater Reykjavik area
    started decreasing in 2003 when changes in local
    regulations to outlaw lap dances was enacted. In the past
    year two erotic nightclubs have been opened in prominent
    downtown Reykjavik locations, raising suspicions among
    activists that prostitution and possibly trafficking could
    be on the upswing again.

    -- B. Please provide a general overview of the trafficking
    situation in the country and any changes since the last TIP
    Report (e.g. changes in direction).  Also briefly explain
    the political will to address trafficking in persons. Other

    REYKJAVIK 00000049  002 OF 010

    items to address may include:  What kind of conditions are
    the victims trafficked into?  Which populations are
    targeted by the traffickers?  Who are the traffickers?
    What methods are used to approach victims? (Are they
    offered lucrative jobs, sold by their families, approached
    by friends of friends, etc.?)  What methods are used to
    move the victims (e.g., are false documents being used?).

    As in previous years, suspected trafficking cases are
    spoken of anecdotally rather than as part of a broader
    trend of confirmed cases.  TIP awareness had faded into the
    background for a few years after tougher local regulations
    were enacted to clamp down on strip clubs. On May 1, 2006
    restrictions on the free flow of labor from the 10 new
    EEA/EU countries were removed, allowing citizens of these
    countries to enter Iceland and obtain residence permits
    without first having a confirmed employment-based permit to
    be in the country (as is the case for non-EEA/EU
    nationals). The free flow of labor has facilitated the
    entry of Eastern European and Baltic citizens, with a steep
    rise in the number of people coming from these countries.
    At the end of 2006 there were 18,327 foreign citizens with
    legal residence in Iceland, or 6 percent of the total
    population, but sources suggest that many foreign workers
    go underreported. With this heavy inflow of labor, concerns
    have been raised that it is likely more problematic to keep
    track of possible instances of human trafficking than
    before.  In the reporting period the media paid attention
    to less-than-ideal and often unsanitary housing for foreign
    workers.

    Political will: The government, most notably the Minister
    of Justice, has declared its opposition to TIP and its
    intent to combat the problem in the broader scheme of
    efforts to deal with the threat of transnational crime
    (including reorganization of police districts and increases
    in intelligence and analytical units that could have an
    impact on TIP -- see below).  The Ministry of Justice has
    designated its Head of Legal Affairs as the primary
    government point of contact on TIP issues, and this
    official enjoys good relations with the law enforcement and
    NGO communities.  That said, the government has not carried
    out a formal survey of the problem and has no apparent
    plans to do so.  The government emphasizes the role that
    its other efforts against transnational crime play in
    combating TIP, but has thus far been reluctant to expend
    assets in TIP-specific directions.  Post believes this is
    in some ways an understandable result of the small size of
    most government institutions in the country (the entire
    population of Iceland is roughly 300,000).

    TIP has been raised in parliament on a handful of occasions
    during the reporting period, though an opposition-sponsored
    bill to increase protections and services for TIP victims
    looks unlikely to pass in this legislative session.

    In a recent case highlighting the broad anti-TIP consensus
    here, a planned four-day-gathering of pornography industry
    moguls in Reykjavik in March 2007 caused outrage among all
    segments of Icelandic society, including NGOs, the national
    government and the Reykjavik City Council.  Minister of
    Trade and Industry Jon Sigurdsson said of the conference:
    "We have no assurances that this is not a case of modern
    day slavery.  People talk of human trafficking.  I would
    rather talk of it as slavery...it is intolerable." The
    conference was cancelled three weeks prior to its start
    when the hotel cancelled the reservations of the group and
    the organizers could not find a new location on such short
    notice.

    -- C.  What are the limitations on the government's ability
    to address this problem in practice?  For example, is
    funding for police or other institutions inadequate?  Is
    overall corruption a problem?  Does the government lack the
    resources to aid victims?

    Iceland consistently ranked in independent surveys as one
    of the world's least corrupt societies.  Funding for police
    and other institutions that are on the TIP front lines is
    adequate for a reactive approach but inadequate to fund
    active measures to prevent potential new cases.  These
    efforts got a boost on January 1, 2007, with the launch of
    an intelligence and analytical unit within the office of
    the National Police Commissioner, intended to strengthen

    REYKJAVIK 00000049  003 OF 010

    proactive measures to combat international organized crime
    that might expand into Iceland, including TIP. Also on
    January 1, realignment of police districts in the greater
    Reykjavik area came into effect with the hope that
    consolidated resources will increase efficiency within
    police districts and improve communication and response in
    complex investigations, including prostitution and human
    trafficking cases.  Programs to provide emergency shelter
    and crime victim compensation, which in theory could be
    used to help TIP victims, have rarely been tested in the
    trafficking context.

    -- D. To what extent does the government systematically
    monitor its anti-trafficking efforts (on all fronts --
    prosecution, prevention and victim protection) and
    periodically make available, publicly or privately and
    directly or through regional/international organizations,
    its assessments of these anti-trafficking efforts?

    There is no systematic government monitoring of anti-
    trafficking efforts as such ? i.e., none beyond ordinary
    recordkeeping as to laws proposed and passed.  Primary
    responsibility for anti-trafficking work lies with the
    Ministry of Justice, which oversees the police, courts, and
    border control authorities.  The MOJ's Director of Legal
    Affairs serves as the primary TIP Point of Contact for the
    government and has coordination responsibility within the
    government (e.g., with the Ministries of Social Welfare and
    Foreign Affairs on victim protection and international
    obligations, respectively; and with other law enforcement
    and judicial authorities under the authority of the MOJ)
    and outside the government (e.g., with NGOs and activist
    groups).  This designation of the MOJ as lead government
    agency on the issue was consolidated in the summer of 2006.
    The MOJ has initiated an all-party TIP working group for
    the purposes of coordination between state and non-
    governmental actors as well as liaison with other Nordic
    and Baltic countries on the issue.  The working group is
    discussing the means available for a systematic survey of
    the TIP problem as well as anti-TIP efforts.

    ¶3. (SBU) PREVENTION:

    -- A. Does the government acknowledge that trafficking is a
    problem in that country?  If no, why not?

    Government officials acknowledge that Iceland, despite its
    geographic isolation and privileged, homogeneous
    population, is not wholly unique and thus probably has a
    trafficking problem.  They are, however, hard-pressed to
    supply examples of specific cases and maintain that Iceland
    does not suffer from the same TIP problem as other Nordic
    and Baltic countries.

    -- B. Which government agencies are involved in anti-
    trafficking efforts and which agency, if any, has the lead?

    The following agencies are involved in anti-trafficking
    efforts:
    -- Ministry of Justice (including the Directorate of
    Immigration, State Prosecutor's Office, and National
    Commissioner of Police and local police forces -- including
    as of January 1, 2007, the Keflavik Airport Police
    Commissioner, previously under the authority of the
    Ministry for Foreign Affairs): lead agency. Ragna
    Arnadottir, Director of Legal Affairs at the MOJ, is the
    national Point of Contact on TIP issues.
    -- Ministry for Foreign Affairs
    -- Ministry of Social Affairs (including the Equal Rights
    Office and Directorate of Labor)

    -- C. Are there, or have there been, government-run anti-
    trafficking information or education campaigns?  If so,
    briefly describe the campaign(s), including their
    objectives and effectiveness.  Do these campaigns target
    potential trafficking victims and/or the demand for
    trafficking (e.g. "clients" of prostitutes or beneficiaries
    of forced labor).

    There has been no Icelandic government public outreach or
    information campaign on TIP in the reporting period.  The
    government has carried out information campaigns regarding
    the change in labor laws to allow free movement of workers
    from the new Eastern European and Baltic member states of
    the EU.  These campaigns (largely through print media and

    REYKJAVIK 00000049  004 OF 010

    posters/flyers in government offices such as the
    Directorates of Immigration and Labor Affairs) targeted
    both employers (to inform them of their responsibility to
    request work permits for their immigrant employees) as well
    as immigrant employees (to inform them of their rights and
    obligations under Icelandic labor law, which are the same
    as those of Icelandic citizens).  These efforts were
    supported by Iceland's major labor unions.

    -- D. Does the government support other programs to prevent
    trafficking? (e.g., to promote women's participation in
    economic decision-making or efforts to keep children in
    school.)  Please explain.

    There are no government trafficking-prevention programs as
    such.

    -- E. What is the relationship between government
    officials, NGOs, other relevant organizations and other
    elements of civil society on the trafficking issue?

    NGO representatives complain that the government does not
    invite their participation in the early stages of
    legislative drafting and policy planning.  Government
    officials express the view that inviting civil society to
    comment on fully-drawn proposals ought to be sufficient.
    In spite of this tension, individual relationships within
    the small circle of those who regularly work on this issue
    are cordial and professional.  A working group consisting
    of representatives from NGOs and the government ? one from
    sexual abuse crisis center "Stigamot," one from the
    country's sole Women's Shelter, and the government's
    national POC on trafficking issues (from the Ministry of
    Justice) ? was established in January 2007. The group also
    has associate members from other NGOs and government
    agencies, including representatives from the Keflavik
    District Police Commissioner's office whose jurisdiction
    includes Keflavik International airport (Iceland's only
    international airport). It will oversee and keep track of
    what is being done to prevent and fight TIP in Iceland, by
    guaranteeing the flow of information through direct
    communications channels with institutions and NGOs.  The
    working group will also work on improving conditions, the
    rehabilitation and repatriation of TIP victims if
    necessary.  The working group will report on its activities
    to the European Women's Lobby.  The working group is also
    planning to prepare a booklet with TIP information for
    distribution at municipal social service centers.

    -- F. Does the government monitor immigration and
    emigration patterns for evidence of trafficking?  Do law
    enforcement agencies screen for potential trafficking
    victims along borders?

    The government monitors immigration and emigration patterns
    for evidence of trafficking; and screens for potential
    trafficking victims at Keflavik International Airport. The
    country has no land borders.

    -- G. Is there a mechanism for coordination and
    communication between various agencies, internal,
    international, and multilateral on trafficking-related
    matters, such as a multi-agency working group or a task
    force?  Does the government have a trafficking in persons
    working group or single point of contact?  Does the
    government have a public corruption task force?

    There is no purely domestic anti-trafficking task force;
    nor is there a public corruption task force.  However,
    government representatives on the anti-TIP working group
    (see point E above) coordinate their activities in advance
    of the working group meetings.  The Ministry of Justice's
    Director of Legal Affairs is the national Point of Contact
    on TIP issues.

    -- H. Does the government have a national plan of action to
    address trafficking in persons?  If so, which agencies were
    involved in developing it?  Were NGOs consulted in the
    process?  What steps has the government taken to
    disseminate the action plan?

    Iceland does not have a national plan of action to address
    TIP. In 2003 the Minister of Justice and Minister of Social
    Affairs, along with her Nordic counterparts, agreed to
    prepare a national plan of action to address TIP before the

    REYKJAVIK 00000049  005 OF 010

    end of 2005.  The government's plans have languished and
    the delays have resulted in some criticism from the
    opposition parties in parliament, most recently in January
    ¶2007. The current Minister of Justice has said that actions
    speak louder than action plans, and that he feels that
    current actions are adequate to meet the problem, pointing
    to such actions as stepped-up police readiness to combat
    international organized crime through increased allocations
    to national police offices dealing with international
    cooperation and intelligence analysis, as well as the
    merging of police districts in the greater Reykjavik area
    to pool resources for complex investigations such as TIP.
    As a result, the capital area police now have their first
    multi-officer investigative unit devoted to sexual abuse
    and prostitution cases, a mandate which also includes cases
    of trafficking for sexual exploitation.

    ¶4. INVESTIGATION AND PROSECUTION OF TRAFFICKERS:

    -- A. Does the country have a law specifically prohibiting
    trafficking in persons--both for sexual and non-sexual
    purposes (e.g. forced labor)? If so, please specifically
    cite the name of the law and its date of enactment?  Does
    the law(s) cover both internal and external (transnational)
    forms of trafficking? If not, under what other laws can
    traffickers be prosecuted?  For example, are there laws
    against slavery or the exploitation of prostitution by
    means of force, fraud or coercion?  Are these other laws
    being used in trafficking cases?  Are these laws, taken
    together, adequate to cover the full scope of trafficking
    in persons?  Please provide a full inventory of trafficking
    laws, including civil penalties against alleged trafficking
    crimes, (e.g., civil forfeiture laws and laws against
    illegal debt).

    Passed into law March 10, 2003, Article 227a of Iceland?s
    General Penal Code outlaws trafficking in persons.  The
    government has not yet brought any prosecutions under it,
    choosing instead to use General Penal Code Articles 57 and
    155, which outlaw alien smuggling and document forgery,
    respectively.

    -- B. What are the penalties for trafficking people for
    sexual exploitation?

    Trafficking of persons for sexual exploitation is
    punishable by up to eight years in prison.

    -- C. Punishment of Labor Trafficking Offenses: What are
    the prescribed and imposed penalties for trafficking for
    labor exploitation, such as forced or bonded labor and
    involuntary servitude?  Do the government's laws provide
    for criminal punishment -- i.e. jail time -- for labor
    recruiters in labor source countries who engage in
    recruitment of laborers using knowingly fraudulent or
    deceptive offers that result in workers being exploited in
    the destination country?  For employers or labor agents in
    labor destination countries who confiscate workers'
    passports or travel documents, switch contracts without the
    worker's consent as a means to keep the worker in a state
    of service, or withhold payment of salaries as means of
    keeping the worker in a state of service?  If law(s)
    prescribe criminal punishments for these offenses, what are
    the actual punishments imposed on persons convicted of
    these offenses?

    Trafficking of persons for forced labor is punishable by up
    to eight years in prison.  The laws provide for criminal
    punishment for anyone who procures, removes, houses or
    accepts someone who has been subjected to unlawful
    restraint, deprived of freedom, threat, or unlawful
    deception by awakening, strengthening or utilizing his/her
    lack of understanding of the person concerned about
    circumstances or other inappropriate method.  The same
    penalty shall be applied to a person accepting payment or
    other gain.

    -- D. What are the prescribed penalties for rape or
    forcible sexual assault?  How do they compare to the
    prescribed and imposed penalties for crimes of trafficking
    for commercial sexual exploitation?

    Rape is punishable by up to 16 years in prison, but even
    especially brutal rapes rarely draw sentences of more than
    six years, with one or two years' imprisonment more common.

    REYKJAVIK 00000049  006 OF 010

    As there have been no prosecutions for sex trafficking in
    Iceland it is impossible to compare actual penalties.

    -- E. Is prostitution legalized or decriminalized?
    Specifically, are the activities of the prostitute
    criminalized?  Are the activities of the brothel
    owner/operator, clients, pimps, and enforcers criminalized?
    Are these laws enforced? If prostitution is legal and
    regulated, what is the legal minimum age for this activity?
    Note that in many countries with federalist systems,
    prostitution laws may be covered by state, local, and
    provincial authorities.

    Prostitution in Iceland is illegal as a main source of
    income.  It is permissible for individuals to engage in
    isolated sales of sex, however, as long as both parties are
    at least 18 years old.  The activities of clients are not
    criminalized.  It is illegal for any third party to earn
    his or her income from someone's prostitution (the exact
    term in the law is "promiscuity"), e.g. by pimping or
    renting out premises.

    The government introduced a bill in parliament on October 4
    that would make prostitution legal even as a main source of
    income but would ban its advertisement.  It is not clear
    whether the bill will pass into law before the Althingi
    (parliament) adjourns in March 2007.  The opposition Left
    Green party has for several years introduced a bill in the
    Althingi to criminalize the activities of clients, as in
    Sweden, but the government has repeatedly blocked the
    bill's passage on the ground that Iceland does not confront
    the level of street prostitution seen in its Nordic
    neighbors.

    -- F. Has the government prosecuted any cases against
    traffickers?  If so, provide numbers of investigations,
    prosecutions, convictions, and sentences, including details
    on plea bargains and fines, if relevant and available.
    Does the government in a labor source country criminally
    prosecute labor recruiters who recruit laborers using
    knowingly fraudulent or deceptive offers or impose on
    recruited laborers inappropriately high or illegal fees or
    commissions that create a debt bondage condition for the
    laborer?  Does the government in a labor destination
    country criminally prosecute employers or labor agents who
    confiscate workers' passports/travel documents, switch
    contracts or terms of employment without the worker's
    consent, use physical or sexual abuse or the threat of such
    abuse to keep workers in a state of service, or withhold
    payment of salaries as a means to keep workers in a state
    of service?  Are the traffickers serving the time
    sentenced:  If no, why not?  Please indicate whether the
    government can provide this information, and if not, why
    not? (Note:  complete answers to this section are
    essential. End Note)

    The Government has not prosecuted any cases against
    traffickers.  In the one case (dating from 2005) wherein a
    massage parlor owner was convicted of exploiting a Chinese
    national employee in a way that could have been construed
    as human trafficking, the defendant was convicted of
    document forgery and required to pay damages to the victim.

    -- G. Is there any information or reports of who is behind
    the trafficking?  For example, are the traffickers
    freelance operators, small crime groups, and/or large
    international organized crime syndicates?  Are employment,
    travel, and tourism agencies or marriage brokers fronting
    for traffickers or crime groups to traffic individuals?
    Are government officials involved?  Are there any reports
    of where profits from trafficking in persons are being
    channeled?  (e.g. armed groups, terrorist organizations,
    judges, banks, etc.)

    The Ministry of Justice and police say they have no data on
    who is behind any alleged trafficking beyond individual
    business owners who themselves stand to profit.  Due to the
    size and low visibility of the problem, Post is unable to
    obtain further information to determine whether there are
    notable trends in this regard.

    -- H. Does the government actively investigate cases of
    trafficking?  (Again, the focus should be on trafficking
    cases versus migrant smuggling cases.) Does the government
    use active investigative techniques in trafficking in

    REYKJAVIK 00000049  007 OF 010

    persons investigations? To the extent possible under
    domestic law, are techniques such as electronic
    surveillance, undercover operations, and mitigated
    punishment or immunity for cooperating suspects used by the
    government?  Does the criminal procedure code or other laws
    prohibit the police from engaging in covert operations?

    Police are not permitted to engage in covert operations,
    but the government does use other active investigative
    techniques, including electronic surveillance.  The law
    does not provide for immunity for cooperating suspects, but
    in practice deals do get made.  In general, opportunities
    for mitigated punishment are de facto available, but there
    is no precedent to evaluate their use in trafficking cases.

    -- I. Does the government provide any specialized training
    for government officials in how to recognize, investigate,
    and prosecute instances of trafficking?

    Students from the Icelandic National Police College
    annually participate in classes held by the Keflavik
    Airport Commissioner of Police and Customs that include
    instruction on recognizing and investigating human
    trafficking issues. Senior Keflavik officials have
    themselves been funded by the government to attend
    trafficking courses abroad, e.g. at the European Police
    Academy.

    --J. Does the government cooperate with other governments
    in the investigation and prosecution of trafficking cases?
    If possible, can post provide the number of cooperative
    international investigations on trafficking?

    No such cooperation took place in the reporting period, but
    experience with other types of international crime,
    including alien and drug smuggling, suggests that such
    cooperation would be forthcoming if requested.

    -- K. Does the government extradite persons who are charged
    with trafficking in other countries?  If so, can post
    provide the number of traffickers extradited?  Does the
    government extradite its own nationals charged with such
    offenses?   If not, is the government prohibited by law
    form extraditing its own nationals?  If so, what is the
    government doing to modify its laws to permit the
    extradition of its own nationals?

    Iceland has not been asked to extradite a trafficking
    suspect to another country.  Icelandic law does not permit
    extradition of Icelandic nationals, and no changes to the
    law are currently planned.

    -- L. Is there evidence of government involvement in or
    tolerance of trafficking, on a local or institutional
    level?  If so, please explain in detail.

    No; not applicable.

    -- M. If government officials are involved in trafficking,
    what steps has the government taken to end such
    participation?  Have any government officials been
    prosecuted for involvement in trafficking or trafficking-
    related corruption? Have any been convicted?  What
    sentence(s) was imposed?  Please provide specific numbers,
    if available.

    There is no evidence of government officials being involved
    in trafficking, and no government officials have ever been
    prosecuted or convicted for such activity.

    -- N. If the country has an identified child sex tourism
    problem (as source or destination), how many foreign
    pedophiles has the government prosecuted or
    deported/extradited to their country of origin?  What are
    the countries of origin for sex tourists?  Do the country's
    child sexual abuse laws have extraterritorial coverage
    (like the U.S. PROTECT Act)?  If so, how many of the
    country's nationals have been prosecuted and/or convicted
    under the extraterritorial provision(s)?

    Not applicable.

    -- O. Has the government signed, ratified, and/or taken
    steps to implement the following international instruments?
    Please provide the date of signature/ratification if

    REYKJAVIK 00000049  008 OF 010

    appropriate.

            --ILO Convention 182 concerning the Prohibition and
    Immediate Action for the Elimination of the Worst Forms of
    Child Labor.

    Ratified 5/29/2000.

            --ILO Convention 29 and 105 on Forced or Compulsory
    Labor.

    Convention 29 ratified 2/17/1958; Convention 105 ratified
    11/29/1960.

            --The Optional Protocol to the Convention on the
    Rights of the Child (CRC) on the Sale of Children, Child
    Prostitution, and Child Pornography.

    Ratified 7/9/2001.

            --The Protocol to Prevent, Suppress and Punish
    Trafficking in Persons, especially Women and Children,
    supplementing the UN Convention Against Transnational
    Organized Crime.

    Signed 12/13/2000.  The Protocol is presently under review
    at the Ministry of Justice (along with the Council of
    Europe Convention on Action against Trafficking in Human
    Beings, which Iceland signed on May 16, 2005) to examine
    the need for further changes to Icelandic law once the two
    agreements are ratified.  According to the MOJ's POC for
    trafficking issues, the Protocol, COE Convention, and any
    further legal changes will be cleared through the Icelandic
    interagency process and prepared in time to be submitted to
    the Althingi (parliament) during its next session starting
    October 2007.

    ¶5. PROTECTION AND ASSISTANCE TO VICTIMS:

    -- A. Does the government assist victims, for example, by
    providing temporary to permanent residency status, relief
    from deportation, shelter and access to legal, medical and
    psychological services?  If so, please explain.  Does the
    country have victim care and victim health care facilities?
    Does the country have facilities dedicated to helping
    victims of trafficking?  If so, can post provide the number
    of victims placed in these care facilities?

    There is no de jure provision for government assistance to
    TIP victims.  In theory, municipal social services and
    medical care are available to victims as to other citizens
    and, thanks to reimbursements to municipalities from the
    Ministry of Social Affairs, foreigners.  In cases involving
    unaccompanied children, municipal and state child
    protection services are responsible for assistance. The
    national and local governments may also refer to NGOs that
    provide food, shelter, legal advice, and health care. While
    there is also no de jure provision for grants of residence
    to TIP victims, in practice the Immigration Authority has
    used its discretion to offer permits to foreign women
    escaping abusive, exploitative marriages.  In January 2007
    a Nigerian woman was granted a residence permit on
    humanitarian grounds due to domestic abuse from her
    Icelandic husband.  This was the first case of its kind,
    and while applauded by activists, the government's ad hoc
    decision was also criticized for not setting any clear
    framework for future similar cases.

    Neither government nor Embassy sources could identify any
    TIP victims assisted during the reporting period.

    An opposition-sponsored bill to institutionalize
    protections for TIP victims was introduced in December 2006
    and is under parliamentary consideration, but its odds of
    passage look slim.  Government officials have indicated
    that the law's provisions are unnecessary given the low
    number of alleged TIP victims and the fact that services
    can be made available to such individuals even without the
    law's passage.

    -- B. Does the government provide funding or other forms of
    support to foreign or domestic NGOs for services to
    victims?  Please explain.

    The primary NGOs that provide services to victims of what

    REYKJAVIK 00000049  009 OF 010

    may be trafficking receive considerable financial
    assistance from the government. The 2007 state budget
    allocates IKR 32.5 million (US $464,300) to the Women?s
    Shelter and IKR 31.5 million (US $450,000) to the Icelandic
    Counseling and Information Center for Survivors of Sexual
    Violence (Stigamot). Other NGOs have varying allocations
    from the state budget. One of those is the Women?s Advice
    Center, a legal clinic that will receive IKR 800,000 (US $
    11,400) in 2007. These funds are not specially earmarked
    for services to TIP victims. The government does not
    provide funding to foreign NGOs for services to victims.

    -- C.  Do the government's law enforcement and social
    services personnel have a formal system of identifying
    victims of trafficking among high-risk persons with whom
    they come in contact(e.g. foreign persons arrested for
    prostitution or immigration violations)?  Is there a
    referral process in place, when appropriate, to transfer
    victims detained, arrested or placed in protective custody
    by law enforcement authorities to NGOs that provide short-
    or long-term care?

    Again it is unclear that there are any victims of
    trafficking per se, but the Icelandic Red Cross has in the
    past assisted persons alleged to have been smuggled.  Such
    individuals have been housed in hostels and guesthouses in
    advance of their deportation.  The government-sponsored TIP
    working group that includes government and NGO
    representatives has helped to further open lines of
    communication between these groups.  NGOs that provide
    services that might be of use to TIP victims (e.g., the
    sexual abuse crisis center, the women's shelter) report
    that referrals and communication by police in possible
    cases of interest is generally improving.

    However, in one case that received media attention in
    September 2006, two Polish women were deported to their
    home country after police suspected them of prostitution.
    Public comments by police officials indicated that the
    women denied being TIP victims, while NGO representatives
    have complained that the women were not given access to
    social workers or counselors to determine whether or not
    they had been victims of abuse.

    -- D. Are the rights of victims respected, or are victims
    treated as criminals?  Are victims detained, jailed, or
    deported?   If detained or jailed, for how long?  Are
    victims fined?  Are victims prosecuted for violations of
    other laws, such as those governing immigration or
    prostitution?

    While there were no identified trafficking victims in the
    reporting period, possible trafficking victims have been
    prosecuted under laws governing immigration.  Typically
    they have been detained and jailed for from 30 to 45 days
    in advance of deportation.  The Keflavik Police
    Commissioner reported to post in 2006 that some have been
    offered residence in Iceland on compassionate grounds, but
    in every instance they have turned down the offer -- he
    believes because they are desperate to return to their
    countries of origin to arrange repayment of their
    traffickers in order to avoid violent retaliation against
    themselves and their families.  However, he was not able to
    offer further evidence to support this speculation, and did
    not point to specific facts elicited during interviews with
    such individuals to support the claim.  The same office
    reported no cases that aroused strong interest during this
    most recent reporting period.

    In the case of the two Polish women noted above, the women
    were in Iceland for less than two weeks while Reykjavik
    city police investigated their case.  They were deported
    shortly after they were arrested and denied being victims
    of trafficking.

    -- E. Does the government encourage victims to assist in
    the investigation and prosecution of trafficking?  May
    victims file civil suits or seek legal action against the
    traffickers?  Does anyone impede the victims' access to
    such legal redress? If a victim is a material witness in a
    court case against a former employer, is the victim
    permitted to obtain other employment or to leave the
    country pending trial proceedings?  Is there a victim
    restitution program?

    REYKJAVIK 00000049  010 OF 010

    The government encourages victims to assist in the
    investigation and prosecution of trafficking. Victims may
    file civil suits or seek legal action against the
    traffickers. No one impedes victims' access to such legal
    redress. There is no specific provision in the law to
    permit a material witness in a court case against a former
    employer to obtain other employment or leave the country;
    however, the government has adequate discretion to make
    such accommodations. There is no specific restitution
    program for victims for trafficking in persons, but there
    is one for victims of violence.

    -- F. What kind of protection is the government able to
    provide for victims and witnesses?  Does it provide these
    protections in practice?  What type of shelter or services
    does the government provide? Does it provide shelter or any
    housing benefits to victims or other resources to aid the
    victims in rebuilding their lives? Where are child victims
    placed (e.g. in shelters, foster-care, or juvenile justice
    detention centers)?

    Please see section 5A, above.

    -- G. Does the government provide any specialized training
    for government officials in recognizing trafficking and in
    the provision of assistance to trafficked victims,
    including the special needs of trafficked children?  Does
    the government provide training on protections and
    assistance to its embassies and consulates in foreign
    countries that are destination or transit countries?  Does
    it urge those embassies and consulates to develop ongoing
    relationships with NGOs that serve trafficked victims?

    The answer to each of these questions is no.  That said,
    the Nordic Baltic Task Force against Trafficking in Human
    Beings, of which Iceland is a member, intends to deepen the
    cooperation between Nordic and Baltic embassies in order to
    increase efforts to assist victims of trafficking and
    eradicate TIP. The Task Force also encourages the
    governments of the Nordic and Baltic states to develop
    networks that facilitate the exchange of information on
    trafficking trends and to educate the diplomatic corps
    working in countries of destination.

    -- H. Does the government provide assistance, such as
    medical aid, shelter, or financial help, to its repatriated
    nationals who are victims of trafficking?

    There have been no such cases identified in the reporting
    period.  While repatriated nationals would benefit from the
    same social safety net as any other Icelander, there are no
    programs specifically for victims of trafficking.

    -- I. Which international organizations or NGOs, if any,
    work with trafficking victims?  What type of services do
    they provide?  What sort of cooperation do they receive
    from local authorities?  NOTE:  If post reports that a
    government is incapable of assisting and protecting TIP
    victims, then post should explain thoroughly.  Funding,
    personnel, and training constraints should be noted, if
    applicable.  Conversely, the lack of political will to
    address the problem should be noted as well.

    Please see 5A and 5B above for descriptions of
    government/NGO coordination on support to potential victims
    of trafficking.

    VAN VOORST

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