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### Viewing cable 05SANAA576, FIFTH ANNUAL TRAFFICKING IN PERSONS REPORT: YEMEN

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Reference ID | Created | Released | Classification | Origin
--- | --- | --- | --- | ---
05SANAA576 | 2005-03-13 15:24 | 2011-08-24 01:00 | UNCLASSIFIED//FOR OFFICIAL USE ONLY | Embassy Sanaa

`

    This record is a partial extract of the original cable. The full text of the original cable is not available.

` `

    UNCLAS SECTION 01 OF 09 SANAA 000576

    SIPDIS

    SENSITIVE

    PELASE PASS TO G, G/TIP, INL, DRL, PRM, IWI, NEA/ARPI

    E.O. 12958: N/A
    TAGS: PREL PGOV KCRM PHUM KWMN SMIG KFRD ASEC ELAB YM TRAFFICKING PERSONS
    SUBJECT: FIFTH ANNUAL TRAFFICKING IN PERSONS REPORT: YEMEN

    REF: A. STATE 273089
         ¶B. SANAA 04 611

    ¶1. This message is posts response to ref A.

    ------------------------
    Overview of TIP in Yemen
    ------------------------

    ¶2. (SBU) Overview:

    ¶A.  Yemen is a country of origin for internationally
    trafficked children and may be a country of destination for
    sex trafficking of foreign women.  In the past, the issue of
    trafficking in persons (TIP) has not been well known or
    understood in Yemen.  Now that there are indications that
    trafficking exists, particularly in the case of children,
    ROYG officials are beginning to learn about and seek ways to
    combat TIP.

    Trafficked Yemeni children are smuggled over the northern
    border into Saudi Arabia to work primarily as beggars.
    Yemeni and foreign women, most recently Iraqi women, may be
    the victims of sex trafficking for the purpose of
    prostitution.  No reliable estimates on the scope of either
    problem exists.  More information is available, however, on
    child than on sex trafficking.

    Trafficked Yemeni children are usually transported across the
    border to Saudi Arabia by smugglers known or related to their
    families, and usually with their parent,s consent.  UNICEF
    estimates that 97 percent of trafficked children are boys.
    Trafficked children range in age from 7-16, with the majority
    being between 12-14 years old.

    It is possible that Yemeni women, including under age girls,
    are at risk for sex trafficking within the country.  Post has
    no credible reports of such internal trafficking and cannot
    confirm that the problem exists in Yemen.

    In the past two years, there have been reports of increasing
    numbers of foreign female prostitutes in Yemen, particularly
    Iraqis.  Unreliable and unconfirmed estimates from several
    sources place the number of foreign prostitutes in Yemen at
    anywhere from 1,000 to 5,000.  The presence of these women in
    Yemen may indicate an emerging sex trafficking problem.  Some
    women may become trafficked after arriving in Yemen, or be
    subject to debt-bondage situations, but there is no credible
    evidence to support this.  The alleged trafficking of Iraqi
    women for the purpose of prostitution covered in last year,s
    report, appears to have been organized, although by whom or
    to what extent is unknown (ref B).  Unconfirmed reports
    indicate that the number of Prostitutes may have
    substantially decreased following a 2004 security forces
    sweep, and the initiation of an entry visa requirement for
    Iraqis traveling to Yemen.

    Smuggling of migrants from the Horn of Africa (HOA) is a
    problem, although there is no evidence of trafficking.  Some
    of these women find employment as prostitutes.  It is
    possible there are cases where female HOA migrants are forced
    into prostitution or exploitative labor conditions.

    The key line ministries dealing with TIP, Interior, Human
    Rights, and Labor and Social Welfare, are aware of the issue
    and took steps during the year to better understand the scope
    of, and combat, trafficking of persons in Yemen.

    The number of possible TIP victims in Yemen currently cannot
    be estimated with any accuracy.  Yemen has poor government
    infrastructure and little ability to collect and maintain
    reliable statistics.   According to the UNICEF representative
    in Yemen, it is &impossible at this time8 to account for
    the number of Yemen child victims of trafficking, or to
    distinguish them from children migrating to Saudi Arabia with
    the families for economic reasons.

    Available sources on trafficking in persons in Yemen are:
    UNICEF, the Attorney General,s (AG) Office, The Ministry of
    Interior (MOI), the Ministry of Labor and Social Affairs
    (MLSA), NGOs, local journalists and members of Parliament.

    ¶B.  Yemen is a country of origin for children trafficked to
    Saudi Arabia.  The sources of child trafficking in Yemen are
    the poor, northern regions of the country, particularly in
    the governorates of Hajja and al-Mahaweet, close to the Saudi
    border.  Yemeni children are trafficked to Saudi Arabia
    primarily for the purpose of unskilled labor, begging or
    street vending.  The traffickers are almost always well known
    by, if not related to, the family; children are usually
    trafficked with parental consent.  Parents are either paid or
    promised money in exchange for allowing their children to be
    trafficked, and there has never been a case reported where a
    trafficked child was not returned to the family.

    There are foreign prostitutes in Yemen, particularly Iraqis,
    who may be the victims of sex trafficking.  They are located
    primarily in the southern port city of Aden and in Sanaa.
    Other prostitutes come to Yemen as economic migrants from
    Eritrea, Ethiopia and Somalia.  There is no evidence that
    women from the Horn of Africa are trafficked to Yemen or
    become trafficked once they arrive.

    ¶C.  Post is not aware of an increase in the numbers of Iraqi
    prostitutes since last year.  It is unknown how many Iraqis
    or other non-Yemeni women working as prostitute are victims
    of TIP, and no additional information on this subject has
    been made available.

    According to the Arab Foundation for Supporting Women and
    Juveniles (AFSWJ), it is possible that Yemeni women are
    trafficked from their homes to other regions within the
    country for the purposes of prostitution, including those
    under the age of legal consent.  AFSWJ believes that such
    prostitution may be organized and speculates that low-level
    government and security officials operate or are complicit in
    sex trafficking within the country.  Post has no other
    information or evidence that this form of sex trafficking
    exists within Yemen.

    ¶D.  UNICEF, in conjunction with the MLSA, released a new
    report in January 2005 entitled &Child Trafficking in
    Yemen."  No reports exist on Prostitution.  Members of the
    Parliamentary Committee on Human Rights and Freedom have
    submitted a trip report on Child Smuggling to their
    committee.  The report is due to be released to the ROYG and
    Parliament in 2005 (see overviewm section G.

    ROYG ministerial officials claimed to be unaware of any
    problems involving sex trafficking in Yemen until Post began
    raising the issue of Iraqi women who said they were forced to
    travel to Yemen to work as prostitutes during the Iraq War
    crisis (ref B).  In February 2004, the Minister of Human
    Rights informed Ambassador that an investigation by relevant
    ROYG ministries into possible sex trafficking in Yemen had
    begun.  There has been no additional information on this
    investigation.

    ¶E.  Foreign prostitutes, who may be the victims of sex
    trafficking, are for the most part from other Arab countries.
     It is possible that there are small numbers of women from
    countries of the Former Soviet Union working in Yemen as
    prostitutes, but this cannot be confirmed.  These women
    reportedly live and work either in the southern port city of
    Aden or the northern capital Sanaa.  In Aden, they provide
    their services through hotels and clubs.  In Sanaa, brothels
    are normally found in houses, although some services may be
    obtained at major hotels.  It is not known under what
    conditions these women may work and live.

    ¶F.  MOI forces caught persons smuggling children across the
    Yemen border to Saudi Arabia for the purpose of begging (see
    Section X).  UNICEF, local journalists covering the issue of
    child smuggling, and MOI and MLSA officials describe the
    child trafficking network as loosely organized.  UNICEF notes
    in its 2005 report that the organization is ¬ on the
    scale of an international crime syndicate.8  Smugglers are
    usually well known in the community to which the child
    belongs.  Some children start the journey on their own and
    are picked up along the routes by taxi drivers or smugglers.
    Families that allow their children to go to Saudi Arabia live
    in extreme poverty, have large families and are either given
    or promised money.  In some cases, families of victims
    approach the traffickers.  There is usually no deception.
    The children and families know what conditions in Saudi
    Arabia will be.  There is no evidence of child abduction and
    there are no reported cases of children who were not returned
    to their families following a period of illegal work in Saudi
    Arabia.

    Families usually pay a fee to have their children taken to
    Saudi Arabia.  Children hand over their salaries to the
    traffickers, who take a percentage and send the remainder to
    the child,s family in Yemen.  Children are transported by
    foot, car or donkey.  There are several reports of children
    leading other children across the border.  False documents
    are sometimes used, and the border is also unmonitored in
    several areas.

    While there are some reports that women and children may be
    trafficked from other areas of the country to Aden for
    prostitution, post cannot confirm this.

    ¶G.  Trafficking in persons is gaining recognition as an issue
    of concern in Yemen; however, it is still not considered a
    high priority.  The key line ministries dealing with TIP,
    Interior, Human Rights, and Labor and Social Welfare, are
    aware of the issue and took steps during the year to better
    understand the scope of, and combat, trafficking of persons
    in Yemen.

    The Ministry of Labor and Social Affairs (MLSA) partnered
    with UNICEF to conduct the 2005 "Child Trafficking in Yemen"
    study.  The use of the word "trafficking vice "smuggling" in
    the report went a long way to educate key ministries and the
    public about the difference between these two phenomena.  The
    ROYG co-hosted a high profile, two-day conference to
    highlight the report's findings in Sanaa in January 2005.
    The Conference, attended by several ministers and other ROYG
    officials, provided an opportunity for senior officials,
    parliamentarians, and NGOs to discuss the problem of child
    trafficking and ways to combat it.  The conference was well
    covered in the local media.

    The Ministry of Interior arrested at least two child
    traffickers in 2004 and referred these cases to the Attorney
    General for Prosecution.  Some child trafficking operations
    were interdicted at the border by MOI forces.  Police and
    border guards are under MOI instructions to investigate
    possible cases of TIP, and the MOI held training courses for
    its officers on how to recognize and deal with trafficking.
    Three more training courses are planned for the coming year.

    In 2004, Parliament for the first time took up the issue of
    child trafficking.  A delegation of MPs on the Human Rights
    and Freedoms Committee traveled to the northern regions of
    Yemen on a fact-finding mission to investigate child
    trafficking.  The MPs' interest in the issue increased public
    awareness and led to several media reports on the dangers of
    child smuggling in Yemen.  According to one of the MPs who
    participated in the trip, committee members will report their
    findings to the ROYG later this year and Parliament is
    expected to debate the TIP issue.

    Senior officials recognize the need to address the problem,
    although there is no government-wide understanding of the
    issue.  Interior Minister al-Alimi has shared his personal
    concern and MOI officials cite his focus on TIP as the
    driving force behind new efforts to combat trafficking in
    children.  The recent UNICEF study was conducted with the
    cooperation of several ministries, including the MHR and
    MLSA.  The Ministers of Labor and Social Affairs and Human
    Rights have publicly called for greater efforts to combat the
    problem.  In February, some members of Parliament openly
    called for a review of the Child Trafficking problem.

    It is premature to assess whether or not there is sufficient
    ROYG political will to effectively combat trafficking.  The
    government has taken some practical steps, but some confusion
    still remains as to the difference between migrant smuggling
    and trafficking.  MOI officials note that trafficking exists,
    but can only offer a handful of cases as evidence.

    ROYG willingness to seriously combat sex trafficking is
    untested and there is no credible evidence that ROYG
    officials are themselves involved or complicit (see section
    H.).
    ¶H.  It is unknown whether individual members of government
    forces facilitate or condone trafficking.  There are
    unconfirmed reports that some Yemeni border officials
    accepted bribes from traffickers to allow trafficked children
    to pass through checkpoints to enter Saudi Arabia.
    It is unclear if the ROYG would be willing to take action
    against government officials if they were proven to be
    involved in sex trafficking.  Should evidence become
    available that prostitution in Yemen involves sex
    trafficking, it is possible some officials might be found
    involved, or at lease aware, of the practice, including
    customs, border and law enforcement officials.  For example,
    hotels in Aden where Yemeni and foreign prostitutes
    reportedly ply their trade are always monitored by officers
    of the MOI and Political Security Organization (PSO).

    Post cannot confirm that prostitution in Yemen involves sex
    trafficking.

    Corruption is a serious problem in Yemen.  The ROYG has
    formed a high-level committee to tackle corruption issues but
    it is considered generally ineffective.  Anti-corruption
    efforts are handled on a case-by-case basis.  Under the
    Millenium Challenge Account Threshold Program, the ROYG is
    expected in 2005 be developing specific proposals to tackle
    corruption and transparency.

    ¶I.  The ROYG has limited resources to devote to TIP.
    Although the ROYG continues to step up its TIP assessment
    efforts and has implemented some training of security forces,
    its ability to prevent TIP, prosecute traffickers, and
    protect victims is extremely limited due to extreme poverty,
    low literacy, weak institutions, and a 1400 kilometer porous
    border with Saudi Arabia.  Although key ministries involved
    with TIP are beginning to better understand the issue, there
    is a lack of education on TIP among ROYG official as a whole,
    as well as among the population.  Officials at MOI, MLSA, and
    HRM have expressed a willingness to partner with the U.S. in
    programs to raise TIP awareness and educate and train
    security officers and law enforcement and officers of the
    court.  The ROYG does not have sufficient resources to
    effectively protect TIP victims.

    ¶J.  In July 2004 the Minister of Interior ordered border
    police to systematically monitor all incidents of illegal
    immigration to Saudi Arabia so that it could more effectively
    determine the scope of the child trafficking problem.  The
    MOI notes, however, that their primary border concern is not
    child trafficking alone, but all economically motivated,
    illegal immigration to the KSA.  The UNICEF-MLSA study was
    the first effective study of child trafficking in Yemen.
    Post understands that the Minister of Interior receives
    internal reports on illegal movement of children across the
    border; however, the ROYG does not systematically monitor or
    report on TIP or on the results of their anti-trafficking
    efforts.

    ¶K.  All aspects of prostitution are illegal and criminalized,
    including the activities of brothel owners and operators.

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

    ¶3. (SBU) TIP Prevention:

    ¶A.  The issue of TIP is still relatively new in Yemen.
    Ministers and officials at the MOI, MSLA, MHR recognize that
    child trafficking is a problem in Yemen, although the term
    "trafficking8 causes sensitivities and many officials
    habitually refer to child trafficking as &smuggling.8  One
    official explained the difficulties in educating families
    about child trafficking by noting that poor families are
    ashamed to admit that they are sending their children into a
    difficult, and potentially abusive, situation.  Not all ROYG
    officials recognize trafficking as a distinct problem,
    however, considering it instead a side effect of poverty and
    illiteracy.

    When specific TIP related problems are raised with the ROYG,
    officials will usually acknowledge the situation to a limited
    degree, and often look for practical solutions.  When Post
    raised the issue of possible trafficking of Iraqi prostitutes
    and noted the difficulty of tracking numbers and cases
    because Iraqis were not required to have a visa, the ROYG
    responded within weeks by issuing a ruling to require entry
    visas for Iraqis (ref B).

    ¶B.  ROYG agencies involved with anti-trafficking efforts
    include:  Ministries of Human Rights, Interior (including
    immigration and border control), Labor and Social Affairs,
    Foreign Affairs, Justice and the Attorney General,s office.
    The MHR has named an official who is in charge of the TIP
    portfolio.
    ¶C.  The MLSA reports that since the February release of the
    UNICEF report, it began to sponsor a limited TIP awareness
    campaign in targeted northern areas to education families on
    the dangers of child trafficking, including a regional
    workshop on TIP in the governorate of Hajja.  The MLSA now
    sends representatives to the north to monitor the situation
    and speak regularly with families, Local Councils, and
    schools.  It is too soon to evaluate the effectiveness of
    this effort.

    The government has not yet conducted any comprehensive
    anti-trafficking campaigns.

    ¶D.  The ROYG supports many programs that do not specifically
    target TIP but aid in TIP prevention, such as government-wide
    efforts to increase literacy among women, combat violence
    against women, expand women,s awareness of their legal
    rights and increase the role of women in political life.  The
    ROYG has an active program for combating child labor.

    ¶E.  Yemen is a least developed country (LDC) and its ability
    to support prevention programs is extremely limited.

    ¶F.  The MLSA actively cooperated with UNICEF,s child
    trafficking study and several ministries participated in the
    two-day UNICEF conference.  There are few NGOs in Yemen
    focused primarily on TIP issues.  However, Post has every
    reason to believe the ROYG would cooperate with NGOs to
    combat TIP in Yemen because it has a record of working well
    with NGOs on women,s and children,s issues to includ:
    combating violence against women, promoting women rights, and
    improving child labor regulations.

    Post is not aware of any NGOs in Yemen dealing specifically
    with TIP issues.  There is a network of 8 organizations that
    work with women victims of violence and prostitution.

    ¶G.  Yemen is surrounded by ocean, rugged mountains and
    desert, making its borders difficult to control.  Smuggling
    and illicit trade are common problems.  The U.S. is assisting
    the ROYG with border security control through the Terrorist
    Interdiction Program and by providing equipment and training
    assistance to the Yemen Coast Guard.  Effective border
    control remains nascent and the capacity of the ROYG to
    monitor emigration and immigration patterns for trafficking
    in person is limited.  MOI complains that a lack of a
    specialized Border Guard department hinders many of its
    efforts in this regard.

    ¶H.  There is no formal inter-agency working group or task
    force on TIP. Several government agencies cite regular
    contact with other concerned agencies when discussing
    trafficking in children.  The key ministries on this issue
    are MHR, MLSA, MOI, MOJ, and the Attorney General,s Office.
    UNICEF is the major NGO player on TIP in Yemen.  According to
    an MLSA official, these ministries work together to address
    child trafficking issues on an ad-hoc basis, and in
    conjunction with individual governorates and security forces.
     The ROYG worked closely with UNICEF on its investigation and
    subsequent report on the child trafficking problem in Yemen.

    ¶I.  Yemen and Saudi Arabia recently agreed to establish a
    bilateral committee to cooperate in combating the trafficking
    of Yemeni children to the Kingdom.  As of yet, the committee
    has not met.
    ¶J.  Because trafficking has not been a recognized problem in
    Yemen, the ROYG does not have a national plan of action to
    address the TIP.  Since the UNICEF Trafficking in Children
    conference in January, MLSA reports that it has launched a
    TIP Awareness Campaign in the northern regions that is part
    of its &General Plan8 to fight poverty in the northern
    regions (see overview, section G).  MLSA has announced that
    it intends to expand its programs to use schools, social
    infrastructure and surveys to raise awareness in the northern
    regions of the country.

    ¶K.  The ROYG has not named a specific person or entity to be
    responsible for developing anti-trafficking.  One official at
    MHR is charged with the ministry,s child trafficking
    portfolio, but does not have sole or interagency
    responsibility for developing anti-Trafficking programs.
    Several agencies address the TIP situation in Yemen.
    Currently MHR, MLSA and MOI appear to be the most TIP-engaged
    institutions.

    -----------------------------
    Investigation and Prosecution
    -----------------------------

    ¶4. (SBU) TIP investigation and prosecution:

    ¶A.  There are no laws that specifically outlaw TIP.  In
    January 2005, Minister of Human Rights as-Soswa and Minister
    of Labor and Social Affairs al-Arhabi jointly announced that
    they were working with the Ministry of Justice and the
    Ministry of Legal Affairs to criminalize child trafficking.

    There are laws that can be applied to trafficking in persons.
     Article 248 of the Yemeni Penal Code stipulates a prison
    sentence of 10 years for "anyone who buys, sells, or gives as
    a present, or deals in human beings; and anyone who brings
    into the country or exports from it a human being with the
    intent of taking advantage of him."  Article 249 carries a
    penalty of seven years in prison for kidnapping and the death
    penalty in kidnapping cases that include sexual assault or
    murder.  Persons accused of trafficking, especially cases
    involving coerced labor or prostitution, would presumably be
    in violation of Article 47 of the Yemeni Constitution, which
    stipulates that "the State shall guarantee to its citizens
    their personal freedom, preserve their dignity and their
    security.8

    Articles 146, 147 and 161 of the Child,s Rights Law protect
    a child from sexual molestation, economic exploitation,
    prostitution and other illegal activities.  The Constitution
    prohibits forced or compulsory labor.

    While only Article 248 appears to explicitly punish
    trafficking, the other articles outlined above could
    presumably be used to prosecute traffickers as well.

    ¶B.  The penalty for traffickers under Article 248 is up to
    ten years in prison.  If the offense prosecuted under Article
    248 is committed against a child, the prison term can be
    extended to 15 years.

    ¶C.  The penalty for rape is up to seven years in prison. If
    two or more persons jointly commit the rape, the punishment
    is a maximum of ten years. If the victim of the rape is less
    than 14 years, the penalty carries a maximum of 15 years.

    ¶D.  In 2004 the ROYG arrested 12 persons for attempting to
    smuggle an unknown number of children to Saudi Arabia for the
    purpose of begging.  The children were returned to their
    families, who had given their consent to the trafficking, and
    MOI officials held discussions with the families to explain
    that trafficking is against the law.  MOI also issued a
    circular to the governorates that border Saudi Arabia,
    instructing MOI offices to be alert to the problem of child
    trafficking and to arrest perpetrators.

    The Attorney General,s Office reported that it investigated
    12 trafficking in children cases and referred two for
    prosecution in 2004.  The AG,s office was unable to confirm
    the outcome of the cases.  MOI confirmed the arrest of two
    traffickers and the referral of their cases to the judicial
    authorities.  According to the MLSA, however, one of these
    child traffickers was successfully convicted and given a
    three-year prison sentence.  An MLSA official referred to
    this individual as the &prince8 of child smuggling.  There
    are sporadic reports of aborted child trafficking operations
    intercepted by the security forces.  In February 2005 UPI
    reported that Yemeni security forces stopped an attempt to
    smuggle seven children into Saudi Arabia.  In December 2004
    there was another report of an aborted attempt to smuggle 15
    children across the border.  MOI reports that they regularly
    halt efforts to smuggle children into Saudi Arabia.

    The inability of Yemeni authorities to provide detailed case
    information is not unusual.  The Yemeni judicial and law
    enforcement system is fragmented and disorganized, with court
    decisions still hand-written and court records decentralized.

    ¶E.  Most child smugglers are free-lance operators who are
    often related to their child victims, or at a minimum known
    to their families.  Child smuggling to Saudi Arabia appears
    to be due to dire economic conditions and there are no
    indications of international organizations or large crime
    syndicates being involved.

    It is still unknown whether or not Yemen has a sex
    trafficking problem or who might be behind one, should it
    exist.

    ¶F.  The ROYG has actively investigated instances of child
    smuggling under the laws against illegal migration.  The
    MOI's investigation and surveillance skills and capabilities
    remain limited and rudimentary.  MOI believes actual
    trafficking cases in 2004 were in the single digits in
    contrast to illegal migration cases. In January 2005
    authorities announced massive arrests to disrupt prostitution
    rings in Aden.  This effort, however, was not targeted at sex
    trafficking.

    ¶G.   In February 2005, the MOI conducted a training course
    for security officers on child smuggling. In September 2004
    MOI provided training to 30 officers on children's issues in
    general, including a module on trafficking.  MOI has planned
    three additional courses for their security officers in the
    coming year.  MLSA now holds regular briefings for border
    control authorities on child smuggling.  MOI has also issued
    orders to border guards to be aware of the situation.  The
    ROYG has yet to identify ways to combat prostitution.

    ¶H.  Saudi authorities routinely repatriate smuggled children
    to Yemen.  The ROYG has announced the establishment of a
    joint committee on child trafficking with Saudi Arabia.  At
    the time of writing, the new committee had not yet met.

    ¶I.  The Yemen Constitution prohibits the extradition of its
    citizen to another country.  Post is unaware of any
    extradition of persons charged with trafficking.

    ¶J.  Post cannot confirm any government involvement in, or
    tolerance of, trafficking.  However, should the prostitution
    problem be identified as sex trafficking, it is likely that
    low-level ROYG officials would be at minimum aware of the
    practice (see overview, section C).

    ¶K.  The ROYG has not taken any action again officials for
    involvement in trafficking in persons.

    ¶L. Although there are reports that some prostitutes are under
    the age of 18, Yemen is not identified as a child sex tourism
    destination.  There are no confirmed reports on the number of
    child prostitutes.

    ¶M. Yemen ratified the Slavery Convention of 1926 in 1987.  In
    1989 the government ratified the Convention for the
    Suppression of the Traffic in Persons and Exploitation of the
    Prostitution of Others.  The Rights of the Child Convention
    was ratified by Yemen in 1991, along with the Optional
    Protocol on the Rights of the Child in Armed Conflict.  ILO
    Convention 182 Concerning Prohibition and Immediate Action
    for the Elimination of the Worst Forms of Child Labor was
    signed and ratified in 1999
    In July 2004 the ROYG ratified the Optional Protocol to the
    Convention on the Rights of the child on the Sale of Children.

    ------------------------------------
    Protection and Assistance to Victims
    ------------------------------------

    ¶5.  (SBU) Protection and Assistance to Victims:

    A-I.  Because TIP is a relatively new issue in Yemen, many
    questions in this section do not yet apply.  Children
    recovered from child trafficking are returned to their
    families.  The traditional nature of Yemeni society and
    sexual taboos make it difficult to assess sex trafficking or
    to investigate what aid, if any, may be given to potential
    victims.  If there is government or NGO assistance to victims
    of sex trafficking, it is likely limited and sporadic and
    closely guarded by the women and their families.  There are
    reports that a recent sweep of Aden resulted in the quiet
    repatriation of an unspecified number of prostitutes to their
    home countries.  The ROYG also faces severe funding,
    resources and capacity and skills limitations.

    For repatriated trafficked children, there is one fully
    operational reception center in the Harath region established
    in May 2004.  The ROYG and UNICEF run this center jointly.
    UNICEF, which currently staffs the center, reports that the
    ROYG must assume full responsibility for the center by June
    ¶2005.  The MLSA reports that it runs four additional
    reception centers in the northern regions.  These centers are
    likely small operations operated on an ad hoc basis.  The MOI
    reports that it runs 10 specialized &rooms8 in northern
    areas to house repatriated children, who are moved quickly to
    locations for social services or returned immediately to
    their families.  Social services provided to repatriated
    children are sparse if not non-existent.

    The UNICEF study indicates that few repatriated children
    receive any kind of institutional help following their return
    to Yemen.  Of the 59 children surveyed, only 3 received any
    care.  Many are arrested and kept in poor, crowded conditions
    for up to a month before reunification with their families or
    relatives.  Some children report being beaten while in Yemeni
    custody.

    There is no evidence of government care for trafficked
    prostitutes.

    ¶B.  The Government does not provide funding or support to
    NGOs to help victims of trafficking.

    ¶C.  There are currently no organized ROYG TIP victims
    assistance programs that Post is aware of.

    ¶D.  There are credible reports that several returned children
    were initially held in custody for up to a month before being
    returned to their families.  Post has unconfirmed reports
    that a massive sweep in Aden by Yemeni Security Forces
    resulted in the deportation of many third country national
    prostitutes, likely among them trafficked women from Iraq.
    Several other prostitutes were arrested and criminally
    charged for prostitution and loitering.  The results of the
    cases are unknown, although there are indications that all
    the women arrested were eventually released.

    ¶E.  There are no systematic judicial programs to aid victims
    of trafficking to understand their rights or seek legal
    redress.

    ¶F.  Yemen does not provide any significant assistance to
    victims of trafficking.

    ¶G.  There are no reports of the ROYG cooperating with foreign
    countries or embassies to provide training on protection or
    urge those embassies to develop on-going relationships with
    NGOs that serve trafficked victims.

    ¶H.  Post in not aware of any ROYG cooperation with other
    governments in the investigation or prosecution of
    trafficking cases.
    ¶I.  UNICEF is the sole international NGO that focuses on
    trafficking in persons in Yemen.  The Arab Foundation for
    Supporting Women and Juveniles (AFSWJ) works with
    prostitutes, but does not focus specifically on sex
    trafficking.  AFSWJ provides legal and rehabilitative
    services to women.  They also plan to open the &Social Care
    House Project8 that will operate as a house for prostitutes;
    however, it will not specifically target trafficked women.
    There is also a newly formed network of women NGOs called
    Shema.  It is likely that in the future they will work with
    prostitutes.  The two NGOs might provide good partners for
    TIP assistance programs that focus on the protection of
    victims.

    ---------------
    Recommendations
    ---------------

    ¶6. (SBU) Senior ROYG officials in key line ministries are
    motivated to combat TIP in Yemen, particularly child
    smuggling cases.  Senior officials close to the TIP issue do
    not deny that trafficking exists in Yemen, but they must
    balance TIO with other pressing problems including poverty,
    illiteracy, and unemployment.  The ROYG should be afforded an
    opportunity to prove that it is willing to tackle trafficking
    as an issue.

    ¶7. (SBU) The ROYG actively participated with UNICEF on the
    child trafficking report, and Post believes the ROYG would be
    an active partner with the USG should TIP assistance programs
    be offered.  The ROYG is likely more willing and more able at
    this time to take on child trafficking than the taboo subject
    of sex trafficking.  More work needs to be done to determine
    whether or not there is a sex trafficking problem.

    ¶8. (SBU) The MOI, MHR, and MSLA are the institutions to step
    up ROYG efforts to combat TIP.  Assistance programs the USG
    might want to consider include: working with MSLA and MHR on
    public awareness TIP prevention efforts; partnering with MOI,
    MOJ, and the AG to provide TIP training to security forces
    and law enforcement, as well as legal training to promote
    prosecution of traffickers; Working with ASFWJ or other local
    women's NGOs to further investigate sex trafficking and
    explore ways to provide protection to victims; joining UNICEF
    and the ROYG in a follow-on effort to develop a plan of
    action based on the 2005 child trafficking report finding.
    Krajeski

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