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### Viewing cable 10SANAA295, YEMEN: TENTH ANNUAL TRAFFICKING IN PERSONS (TIP) REPORT

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Reference ID | Created | Released | Classification | Origin
--- | --- | --- | --- | ---
10SANAA295 | 2010-02-15 13:01 | 2011-01-28 00:12 | UNCLASSIFIED//FOR OFFICIAL USE ONLY | Embassy Sanaa

`

    VZCZCXRO3765
    RR RUEHROV RUEHTRO
    DE RUEHYN #0295/01 0461347
    ZNR UUUUU ZZH
    R 151347Z FEB 10
    FM AMEMBASSY SANAA
    TO RUEHC/SECSTATE WASHDC 3795
    INFO RUCNSOM/SOMALIA COLLECTIVE
    RUEHDS/AMEMBASSY ADDIS ABABA 0306
    RUEHDJ/AMEMBASSY DJIBOUTI 0608
    RUEHMS/AMEMBASSY MUSCAT 0038
    RUEHRH/AMEMBASSY RIYADH 1746
    RUEAWJA/DEPT OF JUSTICE WASHDC
    RHEFHLC/DEPT OF HOMELAND SECURITY WASHINGTON DC
    RUEHC/DEPT OF LABOR WASHDC
    RUEATRS/DEPT OF TREASURY WASHDC

` `

    UNCLAS SECTION 01 OF 13 SANAA 000295

     SENSITIVE
     SIPDIS

     DEPT FOR INL, DRL, PRM, G/TIP LPENA AND SAHLUWALIA, NEA/ARP
     AMACDONALD AND LFREEMAN, NEA/RA MADLER
     USAID FOR CKISCO

     E.O. 12958: N/A
     TAGS: KTIP ELAB KCRM KFRD KWMN PGOV PHUM PREF SMIG
     SUBJECT: YEMEN: TENTH ANNUAL TRAFFICKING IN PERSONS (TIP) REPORT

     REF: A. STATE 2094
          ¶B. 09 SANAA 1936
          ¶C. 09 SANAA 1998
          ¶D. 09 SANAA 2219

     The entire text of this report is Sensitive But Unclassified
     (SBU).

     Embassy Sana'a TIP POC:
     Faith Meyers, Acting Political Chief
     967-1-755-2398

     Embassy Sana'a TIP POC (Alternate):
     Walker Murray, Cultural Affairs Officer
     967-1-744-2476

     TIP Reporting Hours:
     Faith Meyers, FS-5: 20 hours
     Walker Murray, FS-5: 20 hours
     AK Muhsen, FSN-11: 20 hours

     ¶25.  (SBU) THE COUNTRY'S TIP SITUATION

     ¶A.  What is (are) the source(s) of available information on
     human trafficking?  What plans are in place (if any) to
     undertake further documentation of human trafficking?  How
     reliable are these sources?

     There is a serious deficit in reliable statistical data on
     trafficking, but the government plans to undertake further
     documentation in 2010.  The Ministry of Social Affairs has
     contracted Ushari Khalil, a scholar with past experience
     working on trafficking issues with the UN in southern Sudan,
     to complete a national situation report and evaluation of
     current government interventions.  The government-affiliated
     Saleh Foundation maintains a registry for tracking children
     returning from Saudi Arabia, although this only captures a
     small fraction of total trafficking victims in the country.

     The Ministry of Social Affairs and Labor (MOSAL) said that
     fewer children were trafficked to Saudi Arabia in 2009 (602)
     compared to 2008 (900), but these figures are inaccurate and
     represent only the small number of trafficking victims that
     found their way to one of two children's rehabilitation
     centers in Yemen.  According to a joint UNICEF-MOSAL study,
     security officials have prevented 1500 children from being
     trafficked from 2004-2009 (no further breakdown available).

     Local NGO Seyaj said a study from 2007 suggested there were
     700,000 children in forced-labor conditions in Yemen and they
     estimate that the number is now double that figure.
     According to Seyaj, the magnitude of human trafficking in
     Yemen is directly related to the economic and security
     conditions in the country, both of which have deteriorated in
     recent years, increasing the vulnerability of Yemenis to
     trafficking.

     ¶B.  Is the country a country of origin, transit, and/or
     destination for men, women, or children subjected to
     conditions of commercial sexual exploitation, forced or
     bonded labor, or other slave-like conditions?  Are citizens
     or residents of the country subjected to such trafficking
     conditions within the country?  If so, does this internal
     trafficking occur in territory outside of the government's
     control (e.g., in a civil war situation)?  From where are
     people recruited or from where do they migrate prior to being
     subjected to these exploitative conditions?  To what other
     countries are people trafficked and for what purposes?
     Provide, where possible, numbers or estimates for each group
     of trafficking victims.  Have there been any changes in the
     TIP situation since the last TIP Report (e.g., changes in
     destinations)?

     Yemen is a point of origin (Yemenis trafficked mainly to the
     Gulf and Horn of Africa nationals trafficked upon arrival in
     Yemen), transit (Horn of Africa nationals trafficked to the
     Gulf), and destination (Horn of Africa nationals trafficked

     SANAA 00000295  002 OF 013

     to Yemen).

     According to IOM, children (mostly boys) are smuggled to
     Saudi Arabia for forced begging, unskilled labor and
     street-vending.  Children are recruited from the governorates
     of Dhamar, Hajja, Rayma, Taiz, Hudeidah, Mahweet, Ibb, Lahj,
     Dhale' and Sa'ada.  Although Saudi Arabia is the primary
     destination for children trafficked from Yemen, a small
     number are trafficked to Oman.  Trafficking to Saudi Arabia
     is especially high during the season of Umra and the Hajj
     (pilgrimage to Mecca).

     Internal trafficking occurs, both in areas under and somewhat
     outside of the government's control (e.g. Sa'ada).  Children
     are recruited from their families, and the parents reach an
     agreement with an agent to receive a certain monthly share of
     their child's earnings.  Many victims are young girls from a
     variety of rural governorates sent to hotels in Aden, Sana'a,
     Taiz, Hudeidah and other cities for sexual exploitation.

     According to Seyaj, local media reports and the Egyptian
     government, at least 10 Yemeni children were trafficked to
     Egypt for organ harvesting in 2009.  The children were
     repatriated to Yemen after Egyptian authorities discovered
     the trafficking ring.

     There were many reports during the year that Somali refugee
     women were trafficked to Aden for prostitution and forced to
     live in squalid conditions.

     Since the last TIP report, the war in northern Yemen
     intensified and spread, although a ceasefire was declared on
     February 12.  Local NGO Shawthab Foundation reports that
     although the Saudi entrance into the conflict has reduced the
     ability of traffickers to penetrate the Yemeni-Saudi border,
     people inside the conflict zone are extremely vulnerable to
     trafficking because their livelihoods have been destroyed.
     Shawthab says that it interviewed child trafficking victims
     who were recruited from official IDP camps.  Seyaj reports
     that there are approximately 150,000 children in Sa'ada
     governorate, which has almost no functioning schools and a
     legal system even more dysfunctional than in the rest of the
     country.  Of the estimated 250,000 IDPs from the conflict, 70
     to 80 percent live outside of official camps.

     ¶C.  To what kind of conditions are the trafficking victims
     subjected?

     Children are deprived of all rights; they do not attend
     school and they cannot get access to medical care when
     necessary, although they are at high risk for STDs, skin
     diseases and other ailments.  They often experience
     slavery-like conditions, including domestic abuse, and may be
     remunerated only with room and board.  Children trafficked
     for purposes other than sexual exploitation often experience
     sexual exploitation at the hands of traffickers, border
     patrols, other security officials, and their employers.
     Their status in Saudi Arabia is illegal, and they cannot
     report abuses and crimes to the authorities.  When crossing
     the Saudi border back into Yemen to visit their families,
     they are subjected to robbery and extortion by border guards.

     Many of the border crossings used by traffickers are in
     dangerous desert areas where trafficking victims are
     subjected to the risks of dehydration, starvation, and
     exposure.  Trafficked children told Shawthab that Saudi
     border guards have hung children's severed heads from trees
     near the border as a warning to other children thinking about
     crossing the border illegally.

     In the conflict zone in northern Yemen, NGOs have collected
     evidence that children are forced to fight both with the
     government forces and with the Houthis (see 33 for more
     details on child soldiers in Sa'ada).

     Street children in the major cities work in arduous,
     dangerous jobs unsuitable for their age and physical

     SANAA 00000295  003 OF 013

     capabilities.  They are subject to exploitation by
     individuals and gangs involved in the sex trade.  They face
     verbal and physical abuse and are subject to kidnapping,
     trafficking and sexual harassment.

     ¶D.  Vulnerability to TIP:  Are certain groups of persons more
     at risk of human trafficking (e.g., women and children, boys
     versus girls, certain ethnic groups, refugees, IDPs, etc.)?
     If so, please specify the type of exploitation for which
     these groups are most at risk.

     Young women and boys are more at risk for sexual exploitation
     and domestic servitude; disabled children are more at risk
     for forced begging.  Children are also used to smuggle drugs
     across the border into Saudi Arabia.

     Refugees and economic migrants from the Horn of Africa are
     also vulnerable to trafficking.  Many choose to travel to
     Yemen with hopes of working in other Gulf countries, but once
     they reach Yemen are trafficked into prostitution and
     domestic servitude.  Others are trafficked to Yemen with
     false promises of comfortable work as domestic servants, but
     upon arrival are forced into prostitution or domestic
     servitude.

     ¶E.  Traffickers and Their Methods:  Who are the
     traffickers/exploiters?  Are they independent business
     people?  Small or family-based crime groups?  Large
     international organized crime syndicates?  What methods are
     used to gain direct access to victims?  For example, are the
     traffickers recruiting victims through lucrative job offers?
     Are victims sold by their families, or approached by friends
     of friends?  Are victims "self-presenting" (approaching the
     exploiter without the involvement of a recruiter or
     transporter)?  If recruitment or transportation is involved,
     what methods are used to recruit or transport victims (e.g.,
     are false documents being used)?  Are employment, travel, and
     tourism agencies or marriage brokers involved with or
     fronting for traffickers or crime groups to traffic
     individuals?

     The traffickers are both individuals and, less frequently,
     organized gangs.  Seyaj claims that most of the gangs are run
     by Saudis.  Their agents know local communities and seek out
     children with lucrative potential.  For sex trafficking they
     recruit children based on their "degree of beauty."  They
     also recruit children with disabilities because they earn
     more as street beggars.

     Local NGO Democracy School reports that many of the
     traffickers are former trafficked children.  They become
     experts at crossing the border and develop contacts in Saudi
     who will pay for trafficked labor.

     Both Shawthab and Seyaj report that the victims are often
     sold by their families, in exchange for a promised monthly
     remittance.  Many of the trafficking victims are girls who
     enter into "temporary marriages" with Saudi tourists.
     Sometimes the traffickers promise the family that a rich
     sheikh from the Gulf will sponsor their disabled child for
     special education or physical rehabilitation.

     Other victims are "self-presenting," young people who seek
     work opportunities outside of their villages and are then
     subjected to forced-labor conditions.  It is common for
     impoverished families to send an older child to work in Saudi
     Arabia in what they believe will be a decent job opportunity
     to help the family financially.  Some children already
     working in the streets as beggars or vendors hear about
     better opportunities in Saudi Arabia that sound tempting.

     Somali pirates capitalize on the instability in the Horn of
     Africa to traffic people across the Gulf of Aden to Yemen.
     Piracy, human trafficking and illegal smuggling are
     intertwined and many of the same criminals engage in all
     three practices.

     SANAA 00000295  004 OF 013

     ¶26.  (SBU) SETTING THE SCENE FOR THE GOVERNMENT'S ANTI-TIP
     EFFORTS

     ¶A. Does the government acknowledge that human trafficking is
     a problem in the country?  If not, why not?

     According to Higher Council for Motherhood and Childhood
     (HCMC) General Secretary Dr. Nafisa H. al-Jaifi, the
     government acknowledges that human trafficking is a problem
     in the country.  Prime Minister Ali al-Mujawwar convened a
     meeting of the entire cabinet to develop a national strategy
     for addressing trafficking in persons, which was ratified by
     the Council of Ministers on March 31, 2009.

     ¶B.  Which government agencies are involved in efforts to
     combat sex and labor trafficking ) including forced labor )
     and, which agency, if any, has the lead in these efforts?

     The HCMC is the lead organization in efforts to combat child
     trafficking.  It works with a Technical Committee comprised
     of representatives from NGOs, concerned Ministries, and UN
     agencies.  The national action plan identifies the following
     agencies as having a support role in combating child
     trafficking:  Ministry of Human Rights (MOHR), MOSAL,
     Ministry of Justice (MOJ), Ministry of Legal Affairs,
     Parliament and the Social Fund for Development.

     ¶C.  What are the limitations on the government's ability to
     address these problems 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?

     With the exception of the military, nearly all government
     agencies saw their funding cut dramatically in 2008 and 2009,
     severely hindering their ability to combat TIP.  Officials
     reported an inability to travel to governorates where
     trafficking was a problem due to lack of funds.

     Corruption is an acute problem in Yemen, which was ranked 154
     out of 180 countries on Transparency International's 2009
     Corruption Perceptions index.

     It is difficult to prosecute sexual exploiters, since
     shari'ah law stipulates that there must be four witnesses to
     prove a sexual offense.

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

     Please see 25A for details.

     ¶E.  What measures has the government taken to establish the
     identity of local populations, including birth registration,
     citizenship, and nationality?

     Children born to at least one citizen parent are eligible for
     citizenship.  Children born in the country who do not have at
     least one citizen parent are eligible to file for
     citizenship, although frequently it is not granted.  There
     was no universal birth registration, and many children,
     especially in rural areas, were never registered or
     registered after several years.  Hospitals maintain official
     birth registries, but not all hospitals insist on
     registration, and most children are not born in hospitals.
     Theoretically, children must have birth certificates to
     register for school, but this requirement was not universally
     enforced.

     ¶F.  To what extent is the government capable of gathering the
     data required for an in-depth assessment of law enforcement
     efforts?  Where are the gaps?  Are there any ways to work
     around these gaps?

     SANAA 00000295  005 OF 013

     There is a serious deficit in reliable statistical data on
     trafficking, including law enforcement efforts.  Relevant
     government ministries complain that traffickers are often
     prosecuted for non-trafficking offenses, including kidnapping
     and the illegal ways that they use trafficking victims,
     including theft, drug smuggling, prostitution and
     homosexuality.  Differences in terminology make it difficult
     to collect information on prosecutions and convictions of
     traffickers.  The government is hopeful that its recently
     hired consultant will suggest ways to address these gaps.

     ¶27.  (SBU) INVESTIGATION AND PROSECUTION OF TRAFFICKERS

     ¶A.  Existing Laws against TIP:  Does the country have a law
     or laws specifically prohibiting trafficking in persons )
     both sexual exploitation and labor?  If so, please
     specifically cite the name of the law(s) and its date of
     enactment and provide the exact language (actual copies
     preferable) of the TIP provisions.  Please provide a full
     inventory of trafficking laws, including non-criminal
     statutes that allow for civil penalties against alleged
     trafficking crimes (e.g., civil forfeiture laws, and laws
     against illegal debt).  Does the law(s) cover both internal
     and 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?

     As it stands, anti-trafficking laws are piece-meal,
     inconsistent and not comprehensive.  Parliamentary elections
     scheduled for April 2009 were postponed for two years in
     February.  With a weak Parliament distracted by numerous
     other internal issues, there has been no progress on
     strengthening anti-trafficking legislation.  Efforts are
     still underway to amend the Child Rights Law to add
     punishments for trafficking offenses, and to define a minimum
     age for marriage.  The Technical Committee to combat child
     trafficking lobbied Parliament throughout the year for
     passage of comprehensive anti-trafficking laws.  It conducted
     special meetings with the Islamic Law, Regulations and Human
     Rights committees.

     In December 2009, the MOJ issued a decree to all judges to
     aggressively pursue human trafficking prosecutions and finish
     pending cases as soon as possible.  The MOJ and Ministry of
     Interior (MOI) issued a decree in October 2009 aimed at
     reducing early marriage and trafficking via "temporary
     marriage" arrangements (more info in 29E).

     According to the government, the penalty for transporting a
     child under the age of 18 to another country for the purpose
     of illegal exploitation is imprisonment of not more than 5
     years.  The penalty increases to 7 years if the criminal uses
     force and deception.  The penalty increases to not less than
     3 and not exceeding 10 years if the transport action is
     combined with sexual acts or bodily harm.

     ¶B.  Punishment of Sex Trafficking Offenses:  What are the
     prescribed and imposed penalties for the trafficking of
     persons for commercial sexual exploitation, including for the
     forced prostitution of adults and the prostitution of
     children?

     No change from last year.

     ¶C.  Punishment of Labor Trafficking Offenses:  What are the
     prescribed and imposed penalties for labor trafficking
     offenses, including all forms of forced labor?  Do the
     government's laws provide for criminal punishment*e.g.,
     jailtime*for labor recruiters who engage in recruitment of
     workers using knowingly fraudulent or deceptive offers with
     the purpose of subjecting workers to compelled service in the
     destination country?  Are there laws punishing employers or
     labor agents who confiscate workers' passports or travel
     documents for the purpose of labor trafficking, switch

     SANAA 00000295  006 OF 013

     contracts without the worker's consent as a means to keep the
     worker in a state of compelled service, or withhold payment
     of salaries as means of keeping the worker in a state of
     compelled service?

     No change from last year.

     ¶D.  What are the prescribed penalties for rape or forcible
     sexual assault?  (NOTE:  This is necessary to evaluate a
     foreign government's compliance with TVPA Minimum Standard 2,
     which reads: "For the knowing commission of any act of sex
     trafficking ) the government of the country should prescribe
     punishment commensurate with that for grave crimes, such as
     forcible sexual assault (rape)."  END NOTE)

     No change from last year.

     ¶E. Law Enforcement Statistics:  Did the government take legal
     action against human trafficking offenders during the
     reporting period?  If so, provide numbers of investigations,
     prosecutions, convictions, and sentences imposed, including
     details on plea bargains and fines, if relevant and
     available.  Please note the number of convicted trafficking
     offenders who received suspended sentences and the number who
     received only a fine as punishment.  Please indicate which
     laws were used to investigate, prosecute, convict, and
     sentence traffickers.  Also, if possible, please disaggregate
     numbers of cases by type of TIP (labor vs commercial sexual
     exploitation) and victims (children under 18 years of age vs.
     adults).  What were the actual punishments imposed on
     convicted trafficking offenders?  Are they serving the time
     sentenced?  If not, why not?

     Data on arrests and prosecutions for human traffickers were
     incomplete and varied widely depending on the source:

     Government-affiliated Asrar press reported that in the first
     six months of 2009, security forces in Hajja governorate
     captured 26 child traffickers attempting to traffic 180
     children to Saudi Arabia.  The traffickers were referred to
     Hajja prosecutor's office to stand trial and the children
     were sent to the Haradh Child Protection Center.  (No further
     information was available on the outcome of the case as of
     the writing of this report.)

     Head of local NGO National Organization for Combating People
     Smuggling Ali al-Jelai said that police had thwarted attempts
     to traffic 70 children to Saudi Arabia during 2009 and that
     20 smugglers had been arrested.

     Democracy School reports that there were approximately 50
     cases against traffickers in local courts in Hajja
     governorate.  Some of those prosecuted received sentences up
     to 10 years.

     ¶F.  Does the government provide any specialized training for
     law enforcement and immigration officials on identifying and
     treating victims of trafficking?  Or training on
     investigating and prosecuting human trafficking crimes?
     Specify whether NGOs, international organizations, and/or the
     USG provide specialized training for host government
     officials.

     The government conducted training courses for an unknown
     number of policemen at border crossings on how to deal with
     trafficked children.

     ¶G.  Does the government cooperate with other governments in
     the investigation and prosecution of trafficking cases?  If
     possible, provide the number of cooperative international
     investigations on trafficking during the reporting period.

     Efforts to develop a Yemeni-Saudi partnership against human
     trafficking, to include investigations and prosecutions of
     cross-border trafficking offenders, have fizzled, a situation
     that the Yemeni government and civil society attribute to the
     Saudi government's lack of seriousness about the problem.

     SANAA 00000295  007 OF 013

     ¶H.  Does the government extradite persons who are charged
     with trafficking in other countries?  If so, please provide
     the number of traffickers extradited during the reporting
     period, and the number of trafficking extraditions pending.
     In particular, please report on any pending or concluded
     extraditions of trafficking offenders to the United States.

     No reported extraditions during the reporting period.

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

     Although there is little evidence of explicit government
     involvement in trafficking, corruption in law enforcement and
     border security officials ensures that traffickers are able
     to operate with impunity.  Seyaj reports that traffickers
     sometimes supply a child to border guards for sexual
     exploitation in exchange for those border guards "looking the
     other way" as the traffickers smuggle goods and people across
     the border.  There is anecdotal evidence that sheikhs and
     other tribal leaders who may also occupy seats on local
     councils are involved in trafficking rings.

     Traffickers and the parents of trafficked children sometimes
     spell out the payments that the parents will receive in a
     contract, and Democracy School reports that police officers
     in Hajja sometimes serve as the witnesses for these contracts.

     ¶J.  If government officials are involved in human
     trafficking, what steps has the government taken to end such
     complicity?  Please indicate the number of government
     officials investigated and prosecuted for involvement in
     trafficking or trafficking-related criminal activities during
     the reporting period.  Have any been convicted?  What
     sentence(s) was imposed?  Please specify if officials
     received suspended sentences, or were given a fine, fired, or
     reassigned to another position within the government as
     punishment.  Please indicate the number of convicted
     officials that received suspended sentences or received only
     a fine as punishment.

     There was no evidence of prosecutions of government officials
     for complicity in trafficking during the reporting period.
     Anti-corruption authorities did little to address the endemic
     corruption that permits government officials to "look the
     other way" on human trafficking.

     ¶K.  For countries that contribute troops to international
     peacekeeping efforts, please indicate whether the government
     vigorously investigated, prosecuted, convicted and sentenced
     nationals of the country deployed abroad as part of a
     peacekeeping or other similar mission who engaged in or
     facilitated severe forms of trafficking or who exploited
     victims of such trafficking.

     There were no reports of Yemeni troops involved in
     international peacekeeping efforts engaging in trafficking or
     exploiting victims of trafficking.

     ¶L.  If the country has an identified problem of child sex
     tourists coming to the country, what are the countries of
     origin for sex tourists?  How many foreign pedophiles did the
     government prosecute or deport/extradite to their country of
     origin?  If your host country's nationals are perpetrators of
     child sex tourism, do the country's child sexual abuse laws
     have extraterritorial coverage (similar to the U.S. PROTECT
     Act) to allow the prosecution of suspected sex tourists for
     crimes committed abroad?  If so, how many of the country's
     nationals were prosecuted and/or convicted during the
     reporting period under the extraterritorial provision(s) for
     traveling to other countries to engage in child sex tourism?

     Yemen has an identified problem of child sex tourists coming
     to the country.  The main country of origin is Saudi Arabia,
     but NGOs suggested that tourists from other Gulf countries

     SANAA 00000295  008 OF 013

     visit hotels in Aden and Sana'a, where trafficking victims
     are sexually exploited.  There were no reported prosecutions,
     deportations or extraditions of child sex tourists during the
     reporting period.  There were no reports that Yemeni
     nationals engaged in child sex tourism during the reporting
     period.

     ¶28.  (SBU) PROTECTION AND ASSISTANCE TO VICTIMS

     ¶A.  What kind of protection is the government able under
     existing law to provide for victims and witnesses?  Does it
     provide these protections in practice?

     No change from last year.

     ¶B.  Does the country have victim care facilities (shelters or
     drop-in centers) which are accessible to trafficking victims?
      Do foreign victims have the same access to care as domestic
     trafficking victims?  Where are child victims placed (e.g.,
     in shelters, foster care, of juvenile justice detention
     centers)?  Does the country have specialized care for adults
     in addition to children?  Does the country have specialized
     facilities dedicated to helping victims of trafficking?  Are
     these facilities operated by the government or by NGOs?  What
     is the funding source of these facilities?  Please estimate
     the amount the government spent (in U.S. dollar equivalent)
     on these specialized facilities dedicated to helping
     trafficking victims during the reporting period.

     The only victim care facilities in the country are two
     centers for trafficked children in Haradh (Hajja) and Sana'a,
     operated jointly by the government and NGOs.  These centers
     provide the children with social protection, psychological
     and medical care and reunite them with their families, if
     possible.  Children without families are enrolled in
     orphanages.  There was no information available on how much
     the government spent on these facilities.

     ¶C.  Does the government provide trafficking victims with
     access to legal, medical and psychological services?  If so,
     please specify the kind of assistance provided.  Does the
     government provide funding or other forms of support to
     foreign or domestic NGOs and/or international organizations
     for providing these services to trafficking victims?  Please
     explain and provide any funding amounts in U.S. dollar
     equivalent.  If assistance provided was in-kind, please
     specify exact assistance.  Please specify if funding for
     assistance comes from a federal budget or from regional or
     local governments.

     The Saleh Foundation, a federal government-affiliated NGO,
     operates the center in Haradh, a major nexus of human
     trafficking on the Saudi-Yemeni border.  Shawthab operates
     the center in Sana'a, where there are on average 16-20
     children at a time.  According to Shawthab, the center in
     Sana'a provides the children with food, clothes, healthcare,
     psychological counseling, schooling, and
     sports/extracurricular activities.  Shawthab receives
     donations for the center, both financial and in-kind, from
     local businessmen and restaurants and has an agreement with
     Sana'a's government-run al-Thawra Hospital for the children
     to receive free treatment there.  There was no information
     available on how much the government spent on these
     facilities.

     ¶D.  Does the government assist foreign trafficking victims,
     for example, by providing temporary to permanent residency
     status, or other relief from deportation?  If so, please
     explain.

     A January 2010 law requiring all refugees in Yemen to
     register or face deportation to their home countries could
     impact victims of trafficking if they do not register with
     the government.  The government provides prima facie status
     to all Somali refugees in Yemen, which allows them to remain
     in country and receive UNHCR services.  However, there was no
     formal program to assist foreign trafficking victims.

     SANAA 00000295  009 OF 013

     ¶E.  Does the government provide longer-term shelter or
     housing benefits to victims or other resources to aid the
     victims in rebuilding their lives?

     No.

     ¶F.  Does the government have a referral process to transfer
     victims detained, arrested or placed in protective custody by
     law enforcement authorities to institutions that provide
     short- or long-term care (either government or NGO-run)?

     No.

     ¶G.  What is the total number of trafficking victims
     identified during the reporting period?  (If available,
     please specify the type of exploitation of these victims-
     e.g., "The government identified X number of trafficking
     victims during the reporting period, Y or which were victims
     of trafficking for sexual exploitation and Z of which were
     victims of nonconsensual labor exploitation.)  Of these, how
     many victims were referred to care facilities for assistance
     by law enforcement authorities during the reporting period?
     By social services officials?  What is the number of victims
     assisted by government-funded assistance programs and those
     not funded by the government during the reporting period?

     According to MOSAL, 602 children were trafficked to Saudi
     Arabia in 2009.  There was no further breakdown available and
     no information available on how many of these children
     received victim care services.  This number is undoubtedly
     very low in terms of the total number of trafficking victims
     in Yemen.

     ¶H.  Do the government's law enforcement, immigration, and
     social services personnel have a formal system of proactively
     identifying victims of trafficking among high-risk persons
     with whom they come in contact (e.g., foreign persons
     arrested for prostitution or immigration violations)?

     There is currently no such formal mechanism.

     ¶I.  Are the rights of victims respected?  Are trafficking
     victims detained or jailed?  If so, for how long?  Are
     victims fined?  Are victims prosecuted for violations of
     other laws, such as those governing immigration or
     prostitution?

     NGOs were not aware of instances of trafficking victims
     facing legal prosecution inside Yemen.  They did cite many
     examples of trafficking victims being arrested and deported
     from Saudi Arabia.

     ¶J.  Does the government encourage victims to assist in the
     investigation and prosecution of trafficking?  How many
     victims assisted in the investigation and prosecution of
     traffickers during the reporting period?  May victims file
     civil suits or seek legal action against traffickers?  Does
     anyone impede victim 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?  Are there
     means by which a victim may obtain restitution?

     No change from last year.

     ¶K.  Does the government provide any specialized training for
     government officials in identifying trafficking victims 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?  What is the number of
     trafficking victims assisted by the host country's embassies
     or consulates abroad during the reporting period?  Please
     explain the type of assistance provided (travel documents,
     referrals to assistance, payment for transportation home).

     SANAA 00000295  010 OF 013

     The government conducted training courses for an unknown
     number of policemen at border crossings on how to deal with
     trafficked children.  The Technical Committee also hosted a
     series of workshops for government officials in Sana'a and
     other governorates discussing TIP issues.  The government
     does not provide training on protection and assistance to its
     embassies and consulates in foreign countries that are
     destination or transit countries.  No information was
     available on the number of trafficking victims assisted by
     the host country's embassies or consulates abroad during the
     reporting period.

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

     According to Shawthab, when victims are deported by the Saudi
     government, they often arrive at Sana'a International Airport
     with no possessions, wearing ragged clothes.  Some of these
     victims receive services from the Shawthab-operated center
     for trafficking victims in Sana'a, and stay there until their
     families can be located, but most do not receive any services.

     A group of 9 Yemeni children deported from Egypt in April
     2009 after being trafficked from Yemen for organ harvesting
     were received by the Yemeni government and reunited with
     their families, according to Seyaj and local media reports.

     ¶M.  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?

     UNICEF was heavily involved in creating the rehabilitation
     centers for victims of child trafficking and continues to
     work with children vulnerable to trafficking.  IOM is
     currently conducting a comprehensive program with the
     government to address migration and specifically trafficking
     issues.  Cooperation with local authorities is generally
     good, but varies according to governorate.

     ¶29.  (SBU) PREVENTION

     ¶A.  Did the government conduct anti-trafficking information
     or education campaigns during the reporting period?  If so,
     briefly describe the campaign(s), including their objectives
     and effectiveness.  Please provide the number of people
     reached by such awareness efforts, if available.  Do these
     campaigns target potential trafficking victims and/or the
     demand for trafficking (e.g., "Clients" of prostitutes or
     beneficiaries of forced labor)?

     The government conducted multiple information and education
     campaigns during the reporting period, some on its own and
     some in partnership with local and international
     organizations.

     One campaign, which told the stories of trafficked children
     in nationally aired Ramadan TV series and in TV and radio
     interviews, aimed to increase the level of social awareness
     about children's rights.

     The government developed a guide for mosque preachers on
     protecting the rights of children and began to develop a
     basic course on the rights of children to be included in the
     curriculum of the Supreme Institute for Preaching and
     Guidance.

     Another campaign trained 1500 people (mostly teachers and
     mosque preachers) in five governorates most at risk for
     trafficking.  This was a continuation of a previously
     successful campaign in the same governorates but in different
     districts.

     The government also trained 1160 bus drivers in rural areas,
     sensitizing them to the issue of child trafficking and

     SANAA 00000295  011 OF 013

     encouraging them not to transport children unless they are
     escorted by their parents.  It also distributed over 30,000
     brochures, leaflets and stickers to bus and taxi drivers and
     in taxi stations across the country.

     The government produced a new documentary film on TIP in
     2009, which is scheduled for wide release in 2010.

     ¶B.  Does the government monitor immigration and emigration
     patterns for evidence of trafficking?

     At a regional conference in Riyadh in June 2009, the ROYG
     presented a working paper describing its view on issues in
     the Red Sea and Horn of Africa, including human trafficking.
     The ROYG also announced that it would establish three centers
     ) in the cities of Aden, Mukullah and Hudeidah ) to monitor
     the international waters in the Gulf of Aden as part of
     efforts to fight human trafficking and piracy.

     The Yemeni and Saudi governments have also made an effort to
     tighten the Haradh border crossing in Hajja governorate,
     which has been notorious for enabling Yemenis to illegally
     cross into Saudi territory for the purposes of TIP,
     drug-smuggling and terrorist activities.

     ¶C.  Is there a mechanism for coordination and communication
     between various agencies, internal, international, and
     multilateral on trafficking-related mattes, such as a
     multi-agency working group or a task force?

     Relevant agencies cooperate via a Technical Committee led by
     the HCMC.  The committee has carried out a number of
     activities, including field visits to border governorates and
     educational workshops on TIP in Sana'a and other
     governorates.  At the beginning of 2009, the committee
     developed a working mechanism for defining the tasks and
     roles of each member.

     ¶D.  Does the government have a national plan of action to
     address trafficking in persons?  If the plan wad developed
     during the reporting period, which agencies were involved in
     developing it?  Were NGOs consulted in the process?  What
     steps has the government taken to implement the action plan?

     The government created a three-year (2008-2010) National
     Action Plan to Combat Child Smuggling that was ratified by
     the Council of Ministers on March 31, 2009.  The government,
     led by the HCMC, has worked hard to implement the plan, but
     has run into multiple roadblocks, including difficulty in
     cooperating with Saudi officials and failure to pass
     comprehensive anti-trafficking legislation in Parliament.
     The involved agencies have also seen their operating budgets
     cut significantly, seriously hindering their ability to make
     progress in combating TIP.

     ¶E.  What measures has the government taken during the
     reporting period to reduce the demand for commercial sex acts?

     In October 2009, MOJ and MOI issued a decree making it more
     difficult for men to marry underage girls (early marriage) or
     engage in "temporary marriages" that often result in
     trafficking.  The decree imposed new conditions on the
     approval of such marriages, including permission from the
     Yemeni MOI and, if the man is not a Yemeni national,
     permission from his country's MOI as well.

     ¶F.  What measures has the government taken during the
     reporting period to reduce the participation in international
     child sex tourism by nationals of the country?

     Yemeni nationals have not been accused of participating in
     child sex tourism outside of the country in any significant
     number.

     ¶G.  What measures has the government adopted to ensure that
     its nationals who are deployed abroad as part of a
     peacekeeping or other similar mission do not engage in or

     SANAA 00000295  012 OF 013

     facilitate severe forms of trafficking or exploit victims of
     such trafficking?

     None.

     ¶30.  (SBU) PARTNERSHIPS

     ¶A.  Does the government engage with other governments, civil
     society, and/or multilateral organizations to focus attention
     and devote resources to addressing human trafficking?  If so,
     please provide details.

     IOM announced in January 2010 that it was launching a $2.7M
     program to help the government address the challenges of mass
     immigration to Yemen, including protecting the rights of all
     migrants, especially victims of trafficking.  IOM is training
     law enforcement officials to identify and assist victims of
     trafficking and assisting government agencies in supporting
     them.  IOM is also working with the Yemeni government to set
     up adequate administrative, legislative and technical
     procedures to administer its land and maritime borders.

     During 2009, UNICEF trained over 4,000 children, families,
     local council members, religious leaders and teachers from
     districts where children are particularly vulnerable to
     trafficking to educate them about the inherent dangers in the
     practice.

     The ROYG also partners with the U.S. Embassy in conducting
     awareness campaigns regarding child trafficking.

     ¶B.   What sort of international assistance does the
     government provide to other countries to address TIP?

     The ROYG does not provide any assistance to other countries
     to address TIP.

     --------------------------------------------- ---------
     NEW REQUIREMENTS FOR THE CHILD SOLDIERS PREVENTION ACT
     --------------------------------------------- --------

     ¶33.  Report if the following occurred:  conscription or
     forced recruitment of persons under the age of 18 into
     governmental armed forces; voluntary recruitment of any
     person under 15 years of age into governmental armed forces;
     the extent to which any person under the age of 18 took a
     direct part in hostilities as a member of governmental armed
     forces; recruitment (forced or voluntary) of persons under
     the age of 18 by armed groups distinct from those of the
     governmental armed forces, including paramilitary forces,
     illegal paramilitary groups, guerrillas, or other armed
     groups.  Describe trends toward improvement of the
     above-mentioned practices, including steps and programs the
     government undertook or the continued or increased tolerance
     of such practices, including the role of the government in
     engaging in or tolerating such practices.  Report abuse of
     children recruited by armed forces or the armed groups noted
     above (e.g., sexual abuse or use for forced labor).  Describe
     the manner and age of conscription.  In discussing activities
     of armed groups distinct from those of governmental armed
     forces, explain the position of the government towards the
     armed group (opposition, tolerance, support, etc,) in detail.

     For greater detail on child soldiers, please see reftels: 09
     SANAA 1936, 09 SANAA 1998 and 09 SANAA 2219.

     In the current round of conflict in Sa'ada that began in
     August 2009, there were numerous accounts of the conscription
     of child soldiers into official government forces and
     government-allied tribal militias.  According to local NGO
     Dar al-Salaam, 500 to 600 children are killed or injured
     through direct involvement in tribal hostilities every year.

     Local NGO Seyaj estimated that children under the age of 18
     may make up more than half the fighting force of tribes, both
     those fighting with the government and those allied with the
     Houthi rebels.  Democracy School reports that, although by

     SANAA 00000295  013 OF 013

     law everyone serving in the armed forces must be 18 years or
     older, the government makes no attempt to verify the age of
     conscripts.  One Democracy School employee said that her
     nephew, who has not yet turned 18, joined the army and was
     deployed to Haradh.

     The government responded that the 1991 Armed Forces Service
     Law number 67 stipulates that a recruit must be not less than
     18 years of age.  There is also a Military Penal Code which
     stipulates that anyone in violation of these laws should be
     punished (NFI).  The government said that the Yemeni Armed
     Forces are in compliance with these laws regarding a minimum
     age for military service.
     SECHE

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