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### Viewing cable 09STATE60608, ICELAND--2009 TIP REPORT: PRESS GUIDANCE AND

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Reference ID | Created | Released | Classification | Origin
--- | --- | --- | --- | ---
09STATE60608 | 2009-06-12 00:12 | 2011-01-13 05:05 | UNCLASSIFIED | Secretary of State

`

    VZCZCXYZ0000
    PP RUEHWEB

    DE RUEHC #0608 1630041
    ZNR UUUUU ZZH
    P 120017Z JUN 09
    FM SECSTATE WASHDC
    TO AMEMBASSY REYKJAVIK PRIORITY 0000

` `

    UNCLAS STATE 060608

    SIPDIS

    E.O. 12958: N/A
    TAGS: ELAB KCRM KWMN PGOV PHUM PREL SMIG KPAO KTIP IC
    SUBJECT: ICELAND--2009 TIP REPORT: PRESS GUIDANCE AND
    DEMARCHE

    REF: A. 2009 STATE 59732
         ¶B. 2009 STATE 5577

    ¶1. This is an action cable; see paras 5 through 7 and 10.

    ¶2. On June 16, 2009, at 10:00 a.m. EDT, the Secretary will
    release the 2009 Trafficking in Persons (TIP) Report at a
    press conference in the Department's press briefing room.
    This release will receive substantial coverage in domestic
    and foreign news outlets.  Until the time of the Secretary's
    June 16 press conference, any public release of the Report or
    country narratives contained therein is prohibited.

    ¶3. The Department is hereby providing Post with advance press
    guidance to be used on June 16 or thereafter.  Also provided
    is demarche language to be used in informing the Government
    of Iceland of its tier ranking and the TIP Report's imminent
    release.  The text of the TIP Report country narrative is
    provided, both for use in informing the Government of Iceland
    and in any local media release by Post's public affairs
    section on June 16 or thereafter.  Drawing on information
    provided below in paras 8 and 9, Post may provide the host
    government with the text of the TIP Report narrative no
    earlier than 1200 noon local time Monday June 15 for WHA, AF,
    EUR, and NEA countries and OOB local time Tuesday June 16 for
    SCA and EAP posts.  Please note, however, that any public
    release of the Report's information should not/not precede
    the Secretary's release at 10:00 am EDT on June 16.

    ¶4. The entire TIP Report will be available on-line at
    www.state.gov/g/tip shortly after the Secretary's June 16
    release.  Hard copies of the Report will be pouched to posts
    in all countries appearing on the Report.  The Secretary's
    statement at the June 16 press event, and the statement of
    and fielding of media questions by G/TIP's Director and
    Senior Advisor to the Secretary, Ambassador-at-Large Luis
    CdeBaca, will be available on the Department's website
    shortly after the June 16 event.  Ambassador de Baca will
    also hold a general briefing for officials of foreign
    embassies in Washington DC on June 17 at 3:30 pm EDT.

    ¶5. Action Request: No earlier than 12 noon local time on
    Monday June 15 for WHA, AF, EUR, and NEA posts and OOB local
    time on Tuesday June 16 for SCA and EAP posts, please inform
    the appropriate official in the Government of Iceland of the
    June 16 release of the 2009 TIP Report, drawing on the points
    in para 9 (at Post's discretion) and including the text of
    the country narrative provided in para 8.  For countries
    where the State Department has lowered the tier ranking, it
    is particularly important to advise governments prior to the
    Report being released in Washington on June 16.

    ¶6. Action Request continued:  Please note that, for those
    countries which will not receive an "action plan" with
    specific recommendations for improvement, posts should draw
    host governments' attention to the areas for improvement
    identified in the 2009 Report, especially highlighted in the
    "Recommendations" section of the second paragraph of the
    narrative text.  This engagement is important to establishing
    the framework in which the government's performance will be
    judged for the 2010 Report.  If posts have questions about
    which governments will receive an action plan, or how they
    may follow up on the recommendations in the 2009 Report,
    please contact G/TIP and the appropriate regional bureau.

    ¶7. Action Request continued: On June 16, please be prepared
    to answer media inquiries on the Report's release using the
    press guidance provided in para 11.  If Post wishes, a local
    press statement may be released on or after 10:30 am EDT June
    16, drawing on the press guidance and the text of the TIP
    Report's country narrative provided in para 8.

    ¶8. Begin Final Text of Iceland's country narrative in the
    2009 TIP Report:

    --------------------------------
    Iceland (TIER 2)
    --------------------------------

    Iceland is primarily a destination country and, to a lesser
    extent, a transit country for men and women from the Baltic
    states, Poland, Russia, Bulgaria, Equatorial Guinea, Brazil,
    and China trafficked to and through Iceland to Western
    European states for the purposes of commercial sexual
    exploitation and forced labor in the restaurant and
    construction industries.

    The Government of Iceland does not fully comply with the
    minimum standards for the elimination of trafficking;
    however, it is making significant efforts to do so.  In 2008,
    the Government of Iceland drafted a national action plan to
    fight trafficking.  However, the government did not
    demonstrate significant law enforcement efforts during the
    reporting period.  Victim identification and victim
    assistance was a challenge; some victims of trafficking may
    have been deported without any effort to determine whether
    they were victims.  The government also did not conduct any
    anti-trafficking awareness campaigns.

    Recommendations for Iceland:  Amend the criminal code to
    ensure penalties prescribed for sex trafficking are
    commensurate with penalties prescribed for other grave
    crimes, such as rape; increase efforts to investigate and
    prosecute trafficking offenses and convict and punish
    trafficking offenders; provide training for law enforcement
    investigators and prosecutors on trafficking cases; develop
    legal alternatives to the removal of foreign victims to
    countries where they face retribution or hardship; develop a
    victim identification and referral mechanism; consider
    opening a trafficking-specific shelter to ensure that victims
    are adequately assisted; ensure that victims are not
    penalized for acts committed as a direct result of being
    trafficked, including immigration violations; and conduct an
    awareness and prevention campaign focused on both sex and
    labor trafficking and the demand for both forms of
    trafficking.

    Prosecution
    ----------------

    The Government of Iceland demonstrated modest law enforcement
    efforts over the reporting period.  Iceland prohibits
    trafficking for both sexual exploitation and forced labor
    through Section 227 of its criminal code, although
    prosecutors have never used Section 227 and have instead
    relied on alien smuggling and document forgery statutes to
    prosecute trafficking cases.  Punishments prescribed for
    trafficking under section 227 extend up to eight years'
    imprisonment, which are sufficiently stringent, though not
    commensurate with penalties prescribed for other grave
    crimes, such as rape.  Police conducted one sex trafficking
    investigation and one labor trafficking investigation during
    the reporting period, compared to no investigations in 2007.
    Authorities prosecuted and convicted no traffickers in 2008,
    the same as in 2007.

    Protection
    ----------------

    Iceland demonstrated limited efforts to assist and protect
    trafficking victims over the last year.  Local governments
    and NGOs identified 20 probable victims of trafficking and
    less than 10 victims received assistance from
    government-funded programs.  Iceland did not provide
    trafficking-specific shelters; instead victims were
    accommodated at a domestic violence shelter.  In 2008, the
    care available under this structure was limited because the
    government did not provide trafficking-specific assistance
    that adequately addressed the unique needs of victims of
    trafficking.  Icelandic authorities did not employ procedures
    to proactively identify victims of trafficking; the lack of
    such procedures increased the risk that victims were
    detained, prosecuted, jailed, and deported for immigration
    violations.  Iceland did not employ a victim referral
    process, though NGOs reported that some law enforcement
    officers referred victims for assistance on an ad hoc basis.
    Victims were encouraged to assist in the investigation and
    prosecution of trafficking offenders; two victims assisted
    law enforcement in 2008.

    Prevention
    ----------------

    Iceland conducted no substantive trafficking prevention
    efforts, including measures to increase public awareness of
    trafficking, during the reporting period.  The government
    did, however, draft a national action plan to address
    trafficking.  Border police at the country's only
    international airport provided potential trafficking victims
    with information about assistance if they find themselves in
    a future trafficking scenario.  The government adequately
    monitored immigration patterns for evidence of trafficking.
    Iceland has not ratified the 2000 UN TIP Protocol.

    --------------------------------

    ¶9. Post may wish to deliver the following points, which offer
    technical and legal background on the TIP Report process, to
    the host government as a non-paper with the above TIP Report
    country narrative:

    (begin non-paper)

    -- The U.S. Congress, through its passage of the 2000
    Trafficking Victims Protection Act, as amended (TVPA),
    requires the Secretary of State to submit an annual Report to
    Congress.  The goal of this Report is to stimulate action and
    create partnerships around the world in the fight against
    modern-day slavery.  The USG approach to combating human
    trafficking follows the TVPA and the standards set forth in
    the Protocol to Prevent, Suppress and Punish Trafficking in
    Persons, Especially Women and Children, supplementing the
    United Nations Convention against Transnational Organized
    Crime (commonly known as the "Palermo Protocol").  The TVPA
    and the Palermo Protocol recognize that this is a crime in
    which the victims' labor or services (including in the "sex
    industry") are obtained or maintained through force, fraud,
    or coercion, whether overt or through psychological
    manipulation.  While much attention has focused on
    international flows, both the TVPA and the Palermo Protocol
    focus on the exploitation of the victim, and do not require a
    showing that the victim was moved.

    -- Recent amendments to the TVPA removed the requirement that
    only countries with a "significant number" of trafficking
    victims be included in the Report. Beginning with the 2009
    TIP Report, countries determined to be a country of origin,
    transit, or destination for victims of severe forms of
    trafficking are included in the Report and assigned to one of
    three tiers.  Countries assessed as meeting the "minimum
    standards for the elimination of severe forms of trafficking"
    set forth in the TVPA are classified as Tier 1.  Countries
    assessed as not fully complying with the minimum standards,
    but making significant efforts to meet those minimum
    standards are classified as Tier 2.  Countries assessed as
    neither complying with the minimum standards nor making
    significant efforts to do so are classified as Tier 3.

    -- The TVPA also requires the Secretary of State to provide a
    "Special Watch List" to Congress later in the year.
    Anti-trafficking efforts of the countries on this list are to
    be evaluated again in an Interim Assessment that the
    Secretary of State must provide to Congress by February 1 of
    each year.  Countries are included on the "Special Watch
    List" if they move up in "tier" rankings in the annual TIP
    Report -- from 3 to 2 or from 2 to 1 -- or if they have been
    placed on the Tier 2 Watch List.

    -- Tier 2 Watch List consists of Tier 2 countries determined:
    (1) not to have made "increasing efforts" to combat human
    trafficking over the past year; (2) to be making significant
    efforts based on commitments of anti-trafficking reforms over
    the next year, or (3) to have a very significant number of
    trafficking victims or a significantly increasing victim
    population.  As indicated in reftel B, the TVPRA of 2008
    contains a provision requiring that a country that has been
    included on Tier 2 Watch List for two consecutive years after
    the date of enactment of the TVPRA of 2008 be ranked as Tier
    ¶3.  Thus, any automatic downgrade to Tier 3 pursuant to this
    provision would take place, at the earliest, in the 2011 TIP
    Report (i.e., a country would have to be ranked Tier 2 Watch
    List in the 2009 and 2010 Reports before being subject to
    Tier 3 in the 2011 Report).  The new law allows for a waiver
    of this provision for up to two additional years upon a
    determination by the President that the country has developed
    and devoted sufficient resources to a written plan to make
    significant efforts to bring itself into compliance with the
    minimum standards.

    -- Countries classified as Tier 3 may be subject to statutory
    restrictions for the subsequent fiscal year on
    non-humanitarian and non-trade-related foreign assistance
    and, in some circumstances, withholding of funding for
    participation by government officials or employees in
    educational and cultural exchange programs.   In addition,
    the President could instruct the U.S. executive directors to
    international financial institutions to oppose loans or other
    utilization of funds (other than for humanitarian,
    trade-related or certain types of development assistance)
    with respect to countries on Tier 3.  Countries classified as
    Tier 3 that take strong action within 90 days of the Report's
    release to show significant efforts against trafficking in
    persons, and thereby warrant a reassessment of their Tier
    classification, would avoid such sanctions.  Guidelines for
    such actions are in the DOS-crafted action plans to be shared
    by Posts with host governments.

    -- The 2009 TIP Report, issuing as it does in the midst of
    the global financial crisis, highlights high levels of
    trafficking for forced labor in many parts of the world and
    systemic contributing factors to this phenomenon:  fraudulent
    recruitment practices and excessive recruiting fees in
    workers' home countries; the lack of adequate labor
    protections in both sending and receiving countries; and the
    flawed design of some destination countries' "sponsorship
    systems" that do not give foreign workers adequate legal
    recourse when faced with conditions of forced labor.  As the
    May 2009 ILO Global Report on Forced Labor concluded, forced
    labor victims suffer approximately $20 billion in losses, and
    traffickers' profits are estimated at $31 billion.  The
    current global financial crisis threatens to increase the
    number of victims of forced labor and increase the associated
    "cost of coercion."

    -- The text of the TVPA and amendments can be found on
    website www.state.gov/g/tip.

    -- On June 16, 2009, the Secretary of State will release the
    ninth annual TIP Report in a public event at the State
    Department.  We are providing you an advance copy of your
    country's narrative in that report.  Please keep this
    information embargoed until 10:00 am Washington DC time June
    ¶16.  The State Department will also hold a general briefing
    for officials of foreign embassies in Washington DC on June
    17 at 3:30 pm EDT.

    (end non-paper)

    ¶10. Posts should make sure that the relevant country
    narrative is readily available on or though the Mission's web
    page in English and appropriate local language(s) as soon as
    possible after the TIP Report is released.  Funding for
    translation costs will be handled as it was for the Human
    Rights Report.  Posts needing financial assistance for
    translation costs should contact their regional bureau's EX
    office.

    ¶11. The following is press guidance provided for Post to use
    with local media.

    Q1: Why was Iceland placed on the Report for the first time
    in 2009?

    A:   Iceland was placed on the TIP Report this year because
    there was reliable information that Iceland is a country of
    origin, transit, or destination for victims of severe forms
    of trafficking in persons.

    Q2:  What types of trafficking exist in Iceland?

    A:  Iceland is primarily a destination country and, to a
    lesser extent, a transit country for men and women from
    Europe, Africa, Asia, and South America for the purposes of
    commercial sexual exploitation and forced labor in the
    restaurant and construction industries.

    Q3:  Why is Iceland placed on Tier 2?

    A:  The Government of Iceland does not fully comply with the
    minimum standards for the elimination of trafficking;
    however, it is making significant efforts to do so.  The
    Government of Iceland drafted a national action plan to fight
    trafficking and local governments and NGOs identified 20
    probable victims of trafficking.  However, the government did
    not demonstrate significant law enforcement efforts and
    victim identification and assistance was a challenge; some
    victims of trafficking may have been deported without any
    effort to determine whether they were victims.  The
    government also did not conduct any anti-trafficking
    awareness campaigns.

    Q4:  What could the Government of Iceland do to improve its
    anti-trafficking efforts in the coming year?

    A:  The Government of Iceland could: increase efforts to
    investigate and prosecute trafficking offenses and convict
    and punish trafficking offenders; provide training for law
    enforcement investigators and prosecutors on trafficking
    cases; develop legal alternatives to the removal of foreign
    victims to countries where they face retribution or hardship;
    develop a victim identification and referral mechanism;
    consider opening a trafficking-specific shelter to ensure
    that victims are adequately assisted; and conduct an
    awareness and prevention campaign focused on both sex and
    labor trafficking and the demand for both forms of
    trafficking.

    ¶12. The Department appreciates posts' assistance with the
    preceding action requests.
    CLINTON

`