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### Viewing cable 09REYKJAVIK50, NINTH ANNUAL ANTI-TRAFFICKING IN PERSONS (TIP) REPORT FOR

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Reference ID | Created | Released | Classification | Origin
--- | --- | --- | --- | ---
09REYKJAVIK50 | 2009-03-06 16:04 | 2011-01-13 05:05 | UNCLASSIFIED//FOR OFFICIAL USE ONLY | Embassy Reykjavik

`

    VZCZCXRO2385
    OO RUEHAG RUEHAST RUEHDA RUEHDBU RUEHDF RUEHFL RUEHIK RUEHKW RUEHLA
    RUEHLN RUEHLZ RUEHNP RUEHPOD RUEHROV RUEHSK RUEHSR RUEHVK RUEHYG
    DE RUEHRK #0050/01 0651626
    ZNR UUUUU ZZH
    O 061626Z MAR 09
    FM AMEMBASSY REYKJAVIK
    TO RUEHC/SECSTATE WASHDC IMMEDIATE 4012
    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 07 REYKJAVIK 000050

    SENSITIVE

    SIPDIS

    DEPARTMENT FOR EUR/NB, G/TIP, G (ACBLANK), INL, DRL, PRM, AND
    EUR/PGI
    STATE PASS USAID

    E.O. 12958: N/A
    TAGS: PHUM KCRM KWMN ELAB SMIG KTIP KFRD PREF IC
    SUBJECT:  NINTH ANNUAL ANTI-TRAFFICKING IN PERSONS (TIP) REPORT FOR
    ICELAND (PART 2 OF 2)

    REFS: A) STATE 5577
      B) 08 STATE 132759

    SENSITIVE BUT UNCLASSIFIED -- ENTIRE TEXT

    ¶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.

    Hours spent on preparation:
    - Pol Officer (FS 02) 18 hrs
    - Pol Assistant  50 hrs
    - DCM      1 hrs
    Total:    63 hrs

    ¶2.  (SBU) Part 2 of Embassy's submission follows, keyed to reftel
    format.  Part 1 was transmitted septel.

    Begin text of submission:

    INVESTIGATION AND PROSECUTION OF TRAFFICKERS:

    For questions A-D, posts should highlight in particular whether or
    not the country has enacted any new legislation since the last TIP
    report.

    -- A. Existing Laws against TIP:

    Passed into law March 10, 2003, Article 227a of Iceland's General
    Penal Code outlaws trafficking in persons.  The law states:
    Anyone becoming guilty of the following acts for the purpose of
    sexually using a person or for forced labor or to remove his/her
    organs shall be punished for slavery with up to 8 years
    imprisonment:
    ¶1. Procuring, removing, housing or accepting someone who has been
    subjected to unlawful force under Art. 225 or deprived of freedom as
    per Art. 226 or threat as per Art. 233 or unlawful deception by
    awakening, strengthening or utilizing his/her lack of understanding
    of the person concerned about circumstances or other inappropriate
    method.
    ¶2. Procuring, removing, housing or accepting an individual younger
    than 18 years of age or rendering payment or other gain in order to
    acquire the approval of those having the care of a child.
    The same penalty shall be applied to a person accepting payment or
    other gain according to clause 2, para. 1.

    The government has not yet brought any prosecutions under Article
    227a, choosing instead to use General Penal Code Articles 57 and
    155, which outlaw alien smuggling and document forgery,
    respectively.

    -- B. Punishment of Sex Trafficking Offenses: What are the
    prescribed and imposed 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:

    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?

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

    -- E. Law Enforcement Statistics:

    REYKJAVIK 00000050  002 OF 007

    The government did not prosecute any TIP cases during the reporting
    period and has in fact never done so.  The one trafficker currently
    under investigation (see Overview, K) at the end of the reporting
    period had been arrested on sexual violence and narcotics charges,
    but not on trafficking charges.  Other investigations -- including
    in previous years -- utilized laws on labor standards and
    immigration violations.

    -- F. Does the government provide any specialized training for
    government officials?

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

    Norwegian law enforcement specialists shared their experiences on
    TIP investigations, policy formulation, and law enforcement
    operations with their Icelandic colleagues and members of the TIP
    action plan working group at a conference hosted by the National
    Police Commissioner in Reykjavik in June 2008.

    -- G. Does the government cooperate with other governments in the
    investigation and prosecution of trafficking cases?

    Icelandic police cooperation with other governments on
    narcotics-related investigations is excellent, and this cooperation
    has at times extended into cooperative work on TIP-related
    investigations such as that currently underway at the close of the
    reporting period (see Overview, K).  In that case, the suspect's
    arrest stemmed from information sharing between Icelandic and
    foreign police, although the focus was on narcotics trafficking
    rather than TIP.  Police also cooperated in the sharing of
    background information and analysis on international narcotics and
    organized crime organizations which Icelandic police are also
    involved in TIP in Iceland.

    -- H. Does the government extradite persons who are charged with
    trafficking in other countries?

    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.

    -- I. Is there evidence of government involvement in or tolerance of
    trafficking, on a local or institutional level?

    No; not applicable.

    -- J. If government officials are involved in trafficking, what
    steps has the government taken to end such participation?

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

    -- K. Is prostitution legalized or decriminalized?

    Prostitution is legal; that is, the activities of the prostitute are
    not criminalized if the prostitute is at least 18 years of age.  It
    is illegal to advertise the services of a prostitute.  It is also
    illegal for a third party, or pimp, to profit from prostitution or
    procurement of sex, as well as the renting of facilities for
    prostitution.

    The law does not appear to be effectively enforced as organized
    prostitution seems to have taken a foothold in Iceland.
    Specifically, a number of foreign women allegedly came to Iceland
    during the reporting period to work as prostitutes, often in hotel
    rooms, according to NGO representatives and police.  In some cases,
    these women's services were advertised and reserved before their
    arrival via the internet.  These prostitutes are said to be working
    through European-based, but there seems to be a direct
    Iceland-connection as well, since Icelandic individuals have picked
    them up on arrival to Iceland.  In addition, police say that
    Icelandic businessmen have brought Bulgarian prostitutes to Iceland,
    but it is not known if this is connected to organized prostitution
    as well.

    REYKJAVIK 00000050  003 OF 007

    The government does not regulate the activities of prostitutes
    through licensing, health certificates, or other means.

    The activities of clients are not criminalized.

    -- L. 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.

    Iceland does not have a military.  However, it has deployed civilian
    personnel to UN and NATO operations as peacekeepers under the
    auspices of the Icelandic Crisis Response Unit (ICRU), a division of
    the Ministry for Foreign Affairs.  During the reporting period the
    Ministry imposed a code of conduct for ICRU personnel specifically
    banning involvement in TIP or the purchase of sexual services while
    abroad.  There were no allegations of any such behavior by ICRU
    personnel.

    -- M. If the country has an identified problem of child sex tourists
    coming to the country, what are the countries of origin for sex
    tourists?

    There is no identified problem of child sex tourism in Iceland nor
    reports of Icelanders as perpetrators of same.

    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?

    There is no de jure provision for government assistance to TIP
    victims and witnesses.  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 Directorate
    has used its discretion to offer permits to foreign women escaping
    abusive, exploitative marriages that at times involved forced
    prostitution.  There were no cases during the reporting period in
    which the Immigration Directorate was requested to issue such
    permits.

    NGO sources identified less than 10 alleged TIP victims assisted
    during the reporting period.

    -- B.  Does the country have victim care facilities (shelters or
    drop-in centers) which are accessible to trafficking victims?

    There are no government-run victim care facilities, but purported
    TIP victims have been received by the Women's Shelter in Reykjavik,
    and the Icelandic Counseling and Information Center for Survivors of
    Sexual Violence (Stigamot).  Foreign victims have the same access to
    care as domestic TIP victims.  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.

    Members of the working group charged with drafting the first
    Icelandic national action plan against trafficking in persons
    (PREVENTION D) said one of the focal points of the action plan will
    be to call for witness and victim protection for trafficking
    victims, possibly including special procedures on granting residence
    permits to trafficking victims.

    In practice, in the one trafficking case currently under
    investigation at the close of the reporting period, Post contacts
    report that four Equatorial Guinean women who claimed to be victims
    of TIP sought safe haven at the Women's Shelter in Reykjavik.  They
    were accepted at the shelter, but reportedly did not get along with
    the native Icelandic women who were staying there at the same time
    and shortened their stay. This incident may highlight the need for a
    TIP victim-specific shelter.

    REYKJAVIK 00000050  004 OF 007

    -- C.  Does the government provide trafficking victims with access
    to legal, medical and psychological services?

    See PROTECTION A. above for discussion on access to legal, medical
    and psychological services.

    The primary NGOs that provide services to victims of what may be
    trafficking receive considerable financial assistance from the
    national government. The 2009 state budget allocates IKR 43.1
    million ($381,400) to the Women's Shelter and IKR 35.7 million
    ($315,900) to the Icelandic Counseling and Information Center for
    Survivors of Sexual Violence (Stigamot). Other NGOs have varying
    allocations from the state budget. These funds are not specially
    earmarked for services to TIP victims. The government does not
    provide funding to foreign NGOs for services to victims.

    -- D. Does the government assist foreign trafficking victims?

    See PROTECTION A. above.

    Members of the working group charged with drafting the first
    Icelandic national action plan against trafficking in persons (see
    PREVENTION D) said one of the focal points of the action plan will
    be to call for witness and victim protection for trafficking
    victims, possibly including special procedures on granting residence
    permits to trafficking victims.

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

    See PROTECTION A. above.

    -- 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)?

    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.

    -- G. What is the total number of trafficking victims identified
    during the reporting period?

    There were no officially identified trafficking victims -- that is,
    victims in cases where police sought prosecution on TIP charges.
    Nonetheless, police estimate at least 5-10 victims in cases where
    they had a suspicion of TIP but charges were not filed.  NGO
    representatives identified less than 10 victims, but based on
    anecdotal indications believe that 10-20 victims sought services
    from NGOs or from local governments.  Statistics were not available
    for referrals by law enforcement authorities.  Less than 10 victims
    received assistance from government-funded programs.  Post is not
    aware of TIP victims provided assistance through programs not funded
    by the government.

    -- H. Do the government's law enforcement, immigration, and social
    services personnel have a formal system of proactively identifying
    victims of trafficking?

    The government does not currently have a formal system to
    proactively identify victims of trafficking; identifications
    currently depend on the initiative of individual law enforcement and
    immigration officers and social service personnel.  NGO and police
    contacts have noted this as a shortcoming and it is expected that
    this will be addressed in the Ministry of Social Affairs action plan
    due to be released in April/May 2009.  The government does not
    regulate or license prostitution and as such does not possess any
    mechanism for screening for trafficking victims among prostitutes.

    -- I. Are the rights of victims respected?  Are trafficking victims
    detained or jailed?

    REYKJAVIK 00000050  005 OF 007

    While there were no officially identified trafficking victims in the
    reporting period, in previous years possible trafficking victims
    have been prosecuted under laws governing immigration.  Typically
    they were detained and jailed for from 30 to 45 days in advance of
    deportation.  None were held in Iceland beyond 45 days.  Some of
    them were offered residence permits on humanitarian grounds, but
    they always turned down the offer, according to police. Keflavik
    Airport border police note that provisions for free labor movement
    within the European Economic Area and Schengen zone limit their
    ability to reach what they believe to be possible TIP victims upon
    arrival.  Instead, police are forced to rely on customs provisions
    allowing them to question travelers fitting the profile of narcotics
    traffickers.

    The Sudurnes Police Commissioner (covering Keflavik International
    Airport) reported that police stopped fewer women for questioning on
    arrival at Keflavik International Airport during the reporting
    period, compared to 2007 when two to four women were stopped per
    month.  Often,the purpose of their traveling to Iceland was to work
    in the strip club industry, and a number of them were suspected to
    have been sent to Iceland by a third party.  In the absence of
    evidence of other crimes, police released the women but advised
    potential trafficking victims to seek assistance and information at
    the Information Center for Survivors of Sexual Violence in Reykjavik
    (Stigamot).

    -- J. Does the government encourage victims to assist in the
    investigation and prosecution of trafficking?

    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.

    -- 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?

    Beyond training provided to law enforcement officials, (see
    INVESTIGATION AND PROSECUTION OF TRAFFICKERS F), there is no
    TIP-specific training provided to government officials.  As Iceland
    is not a source country for TIP victims, there have been no victims
    assisted by Icelandic diplomatic and consular personnel 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?

    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.

    -- M. Which international organizations or NGOs, if any, work with
    trafficking victims?

    No international organizations or NGOs worked with trafficking
    victims during the reporting period.

    PREVENTION:

    -- A. Did the government conduct anti-trafficking information or
    education campaigns during the reporting period?

    There has been no Icelandic government public outreach or
    information campaign on TIP in the reporting period.

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

    The government monitors immigration and emigration patterns for
    evidence of trafficking and screens for potential trafficking
    victims at Keflavik International Airport, the country's sole
    international airport. The country has no land borders.

    REYKJAVIK 00000050  006 OF 007

    Schengen rules limit the government's monitoring of immigration and
    emigration from other Schengen countries. As a backup measure,
    suspected TIP victims have been stopped by customs, where they are
    screened for narcotics, often a concomitant of human trafficking,
    according to police.

    -- C. 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?

    The National Police Commissioner, the Metropolitan Police, the
    Sudurnes Police Commissioner (covering Keflavik International
    Airport), and the Directorate of Immigration established a
    coordination group in 2007 on foreigner issues, including possible
    cases of human trafficking.  Additionally, since 2007 a working
    group under the auspices of the Nordic Baltic Network/European
    Women's Lobby has met to coordinate activities and policy on
    anti-TIP efforts.  The working group includes representatives of the
    national, Reykjavik Metropolitan, and Sudurnes (Keflavik Airport)
    Police, the Immigration Directorate, the Ministry of Social Affairs,
    and the NGO community.

    -- D. Does the government have a national plan of action to address
    trafficking in persons?

    The Government of Iceland, more specifically the Ministry of Social
    Affairs, is currently drafting a national plan of action to address
    TIP. The action plan was expected to be completed in 2008, but is
    now expected to be ready by April or May 2009.  The working group
    consists of representatives from the government and the NGOs.

    Members of the working group expect to model the action plan to some
    extent upon TIP action plans developed in Norway and Denmark.
    Members of the working group expect the final plan to focus on:
    --Codifying a working definition of trafficking in persons in order
    to be able to devise a strategy to identify TIP victims;
    --Establishing a TIP supervisory team that can identify possible TIP
    victims according to recognized checklists, register cases and
    organize education campaigns.
    --Calling for victim and witness protection programs specifically
    for TIP victims, e.g., assistance, safe shelter, rehabilitation and
    repatriation support as needed if it is deemed safe.
    --Implementing methods to bolster police with the aim to apprehend
    more perpetrators. This includes monitoring and investigating
    violations of the provision on prostitution in the General Penal
    Code.
    --Reaching out to the Icelandic population with a public awareness
    campaign, and educating the professions that come into contact with
    possible trafficking victims - such as public officials, the police,
    and health workers - about the characteristics of TIP so that they
    can better identify victims and inform them of what options they
    have, such as protection programs. The outreach should also target
    young males to discourage them from buying sexual services; and
    --Ratification of the Protocol to Prevent, Suppress and Punish
    Trafficking in Persons, especially Women and Children, supplementing
    the UN Convention Against Transnational Organized Crime and the
    Council of Europe Convention on Action against Trafficking in Human
    Beings.  (NOTE:  Iceland's parliament approved ratification of the
    Palermo Convention Against Transnational Organized Crime in May 2008
    but not the two protocols on TIP and migrant smuggling.  Iceland is
    a signatory to both protocols.)

    According to government officials and NGO representatives, the
    action plan is expected to target women in dire conditions such as
    those who work in the sex industry, as well as domestic labor, and
    other workers in the construction and restaurant industries, for
    example. The duration of the action plan has not been determined.

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

    Legal measures to reduce the number and operations of strip clubs in
    the Reykjavik Metropolitan Area -- the predominant loci of
    prostitution and TIP cases, according to post sources -- have been
    somewhat successful.  Beginning in 2007, police and municipal
    governments strengthened the licensing requirements for such
    establishments, leading many to go out of business.  At the end of
    the reporting period only three strip clubs remained in operation in
    the whole country, all in the Reykjavik Metropolitan Area.  However,
    the owners were apparently able to exploit loopholes in the law on

    REYKJAVIK 00000050  007 OF 007

    the operations of entertainment establishments to remain in
    operation, although this legislation had in effect outlawed strip
    shows as well as lap dances in 2007.  NGO representatives and police
    say that rumors continue to circulate regarding prostitution and
    illegal nude shows and lap dances in the handful of the remaining
    establishments.

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

    There have been no government actions taken to reduce the
    participation of Icelandic nationals in international child sex
    tourism.  There were no cases during the reporting period in which
    Icelandic nationals were alleged to have participated in child sex
    tourism.

    -- G. Required of posts in countries that have contributed over 100
    troops to international peacekeeping efforts:

    Not applicable.

    End text of submission Part 2 of 2.

    VAN VOORST

    1
    SENSITIVE BUT UNCLASSIFIED

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