US embassy cable - 04YEREVAN1344

UNCLAS SECTION 01 OF 04 YEREVAN 001344 
 
SIPDIS 
 
SENSITIVE 
 
DEPT FOR E. SIDEREAS, CACEN, S. NEUMANN AND R. LERNER, 
G/TIP, J. CAMPBELL, INL/AAE 
 
E.O. 12958: N/A 
TAGS: PHUM, KCRM, ELAB, KWMN, SMIG, PGOV, PREL, UZ, AM 
SUBJECT: ARMENIA: 2004 - 2005 ANTI-TRAFFICKING STRATEGY 
 
REF: YEREVAN 01339 
 
SENSITIVE BUT UNCLASSIFIED.  PLEASE PROTECT ACCORDINGLY. 
 
  1.  (SBU) SUMMARY.  While the formation of the 
Government's Interagency Commission to Address Issues 
related to Human Trafficking was encouraging, lack of a 
Commission Head for several months last year significantly 
slowed down the Government's response to TIP.  As reported 
reftel, the Commission believes that coordination has been 
the biggest overriding problem.  With a Commission Head now 
in place, the Commission has recently taken concrete steps 
to ensure better coordination through the Commission and has 
requested that their mandate be expanded and further defined 
to improve their ability to coordinate all Government action 
in this important area, as well as to improve implementation 
of the National Plan of Action.  International and non- 
governmental organizations in Armenia have continued to take 
concrete steps to better inform the Armenian population of 
the trafficking phenomenon and assist victims.  The Armenian 
Governmental Commission has readily participated in these 
endeavors, and we have seen increasingly strong 
collaboration between government and service-providing NGOs 
over the last several months on specific cases, although 
there still needs to be better overall coordination.  We are 
hopeful that the Government of Armenia will begin its own 
initiatives toward combating this abhorrent phenomenon.  The 
GOAM Commission reports that although coordination with a 
new UNDP Anti-TIP Program funded by the Norwegian Government 
has been poor to date, they believe that they are close to 
reconciling this issue.  We are hopeful that the GOAM will 
in fact be able to improve cooperation with the UNDP program 
in an effort to decrease overlap between that program and 
USG-funded programs currently being implemented.  Paras 2-4 
update the 2003-2004 Anti-TIP Strategy Recommendations to 
the Government of Armenia and establish new goals for 2004- 
2005.  END SUMMARY. 
 
2.  (SBU) Recommended steps to improve prevention that the 
Government of Armenia should take to combat trafficking in 
persons in Armenia include: 
 
GOAL: Establish consistent translations of key terminology 
and definitions from the Palermo Convention, including 
trafficking in persons and migrant smuggling.  The resulting 
terminology and definitions should be used consistently 
throughout all relevant public awareness, legislation and 
other documentation. 
 
UPDATE: The GOAM Commission has made several amendments to 
anti-TIP legislation with an aim to clarify and better 
define terminology, which will greatly contribute to this 
goal.  The National Assembly will consider changes in the 
next few months. 
 
GOAL: Approval of the National Plan of Action (NPA) by the 
GOAM and beginning of implementation. 
 
UPDATE: ACCOMPLISHED.  The GOAM should now focus on improved 
implementation of the NPA.  The GOAM Commission agreed in a 
meeting last week to utilize the USG-funded anti-TIP website 
for Armenia (www.antitip.am) to publicize GOAM initiatives 
to improve transparency. 
 
GOAL: Allocate appropriate government staff and resources to 
track implementation of the NPA. 
 
UPDATE: ACCOMPLISHED.  The GOAM allocated the equivalent of 
USD 11, 000 to the Commission to implement anti-TIP 
initiatives.  The Commission believes that this sum is 
merely symbolic, but attributes this to the fact that the 
request was made after the national budget was approved. 
They intend to make a more substantial request for the 
coming year's budget.  We urge the GOAM to allocate the 
required resources. 
 
GOAL: Include trafficking in persons in the Poverty 
Reduction Strategy (PRSP), especially concerning vulnerable 
groups, including women, children and refugees.  For 
example, attention to this issue within the job creation 
component of the PRSP with an aim to reduce the number of 
vulnerable women can positively impact trafficking 
prevention. 
 
UPDATE: The Human Rights Desk of the Ministry of Foreign 
Affairs has been working actively with the World Bank to 
ensure inclusion of TIP in the PRSP.  We should continue to 
track the PRSP document for additions. 
 
GOAL: Improve the incorporation of issues related to 
children, especially children in institutions and from 
vulnerable families, in all aspects of trafficking 
prevention and relevant action plans. 
 
3.  (SBU) We recommend addressing trafficking in persons in 
the broader context of the UN Transnational Organized Crime 
Convention to ensure attention to international standards 
and practices and harmonization within the region.  In 
addition, this will ensure that not only is trafficking 
criminalized, but also that key criminal code amendments are 
made to ensure effective implementation of legislation put 
in place, which are also needed to effectively combat trans- 
national crime in general.  It is important to focus, 
however, not only on the Criminal and Criminal Procedure 
Codes, but also on the Labor Code, social welfare/family 
legislation and anti-corruption legislation, enforcement and 
implementation to ensure a comprehensive approach to this 
complex issue.  In the case of issues related to trafficking 
in minors, Armenia has not taken significant steps to ratify 
several key international agreements to protect the rights 
of children, namely the Hague Convention; ILO Convention 182 
and the Optional Protocols to the Child Rights Convention. 
We strongly believe that Armenia should act swiftly on these 
issues. 
 
We support UNHCR in its assertion that seeking asylum is a 
universally recognized right. As UNHCR points out, many 
refugees, because of their desperate situation, may have no 
other option to reach safety in asylum countries than 
engaging the services of smugglers, some falling into the 
hands of traffickers. UNHCR urges that access to asylum be 
kept open in strict compliance with the "Saving Clause" 
contained in both the Trafficking and Smuggling Protocols. 
In particular, UNHCR strongly recommends that the "Saving 
Clause" be reflected in a specific provision of the RA 
Criminal Code.  Furthermore, inclusion into the same Code of 
an article that exempts asylum-seekers from being punished 
for the fact of having utilized the services of a smuggler 
in order to escape from feared persecution is recommended. 
This would reflect the obligation of non-penalization set 
forth in Article 31 (1) of the 1951 Convention, in addition 
to being consistent with Article 5 of the Smuggling 
Protocol.  Finally, those persons who effectively facilitate 
smuggling for humanitarian reasons, assisting asylum-seekers 
to flee from the country where they fear persecution into 
Armenia without any financial gain, should not be subject to 
prosecution under the Criminal Code.  Given the nexus 
between smuggling and trafficking and the fact that refugees 
and smuggled migrants are a high-risk group for trafficking, 
we strongly support UNHCR's endeavors in this area but do 
not link progress on this area to tier status for Armenia. 
 
The following steps are recommended to improve the 
Government of Armenia's ability to prosecute trafficking 
related cases: 
 
GOAL: Legal Analysis of gaps in current legislation.  The 
Government of Armenia's support and substantive 
collaboration to the USG-funded initiative by OSCE in this 
area are essential. 
 
UPDATE: OSCE's international expert and a team of 3 national 
experts are currently working on the legislative gap 
analysis.  The first draft package of amendments to the 
Criminal Procedure Code was submitted to the OSCE Office in 
Yerevan; simultaneously, the package was sent for comment to 
relevant agencies/members of the Armenian Government Working 
Group on Criminal Procedure Code Amendments and then forward 
to the OSCE expert.  In July 2004, it is expected that OSCE 
will convene an expert-level meeting in Yerevan.  The 
meeting will provide a forum for the relevant state 
authorities, NGOs and bar associations to discuss the 
proposed amendments with the international expert.  In July 
2004, Phase 1 of the project (focus on procedural safeguards 
of victim/witness protection) will be essentially completed 
(although follow-up with the National Assembly will continue 
beyond July 2004 into fall 2004) and Phase 2 (focus on non- 
procedural safeguards/assessment of prerequisites for 
creation of a witness protection program - including 
recommendations for a separate Law on Witness 
Protection) will commence. 
 
GOAL: Amendment of Criminal Code Article 132 and/or 
ratification of a Trafficking in Persons Law. 
 
UPDATE: The GOAM Commission has drafted amendments for 
consideration by the National Assembly.  Relevant GOAM 
agencies are working with the OSCE Legislative Strengthening 
Program, funded by the USG.  We are hopeful that this 
cooperation will continue and produce visible results in 
2004. 
 
GOAL: Specific legislation or amendments to existing 
legislation not linked to cooperation in criminal 
investigation or prosecution, addressing both victim 
protection and witness protection. 
 
UPDATE: Phase I of the OSCE Legislative Strengthening 
Program is expected completed in July 2004.  Phase II will 
begin shortly thereafter and will focus on this issue. 
Active collaboration by the relevant GOAM agencies is 
essential. 
 
GOAL: We strongly recommend specific legislation or 
amendments to existing legislation that comply with the 
"Saving Clause" in the Trafficking and Smuggling Protocols, 
but we do not link this to tier status. 
 
GOAL: Ratification of Optional Protocols to UN Convention on 
the Rights of the Child and ratification of ILO Convention 
182. 
 
UPDATE: GOAM experienced seriously delays in this process. 
Recently, there has been improved impetus within the GOAM to 
accomplish these goals.  We are hopeful that the GOAM will 
finalize ratification in 2004. 
 
GOAL: Ratification of the Hague Convention followed by the 
development of procedures and bilateral agreements to 
monitor inter-country adoptions.  While we do not propose a 
specific timeline for ratification, we encourage the 
Government of Armenia to take steps toward this goal over 
the next year. 
 
UPDATE: Ratification is currently a contentious issue within 
the GOAM.  The overwhelming opinion seems to be that there 
are several steps that should be taken to address these 
issue through creation of internal legislation and 
procedures, especially related to adoption.  The GOAM would 
then seek expert assistance to identify gaps and priorities, 
and only then take the steps necessary for ratification.  We 
believe it is important to continue to encourage the GOAM to 
address this important issue. 
 
GOAL: Training for law enforcement, advocates and the 
judiciary to sensitize them to the issue of trafficking in 
persons and educate them on relevant changes and additions 
to national legislation.  We recommend a particular emphasis 
on Border Guards and Consular Officials overseas. 
 
UPDATE: The National Police began providing some training 
for law enforcement.  The USG, through IOM, supports an 
initiative for the Consular Section of the MFA and Consular 
Officers abroad.  GOAM-led initiatives in this area should 
be greatly expanded and be incorporated into standard local 
training programs. 
 
GOAL: Begin discussions on more regular cooperation with 
destination countries, notably the UAE and Germany.  Expand 
contacts in other potential destination countries, such as 
Greece, Cyprus, Turkey, Russia. 
 
UPDATE: On a practical law enforcement level, cooperation 
has steadily increased.  We encourage the GOAM to continue 
to increase cooperation in this area and take steps to 
formalize bilateral cooperation.  We further encourage the 
GOAM to promote bilateral and regional cooperation beyond 
law enforcement. 
 
4.  (SBU) The National Plan of Action and Governmental 
Commission's Concept Paper have been ratified and 
disseminated to international organizations and NGOs.  We 
applaud this level of transparency with local and 
international partners. There is a need for further research 
to address issues related to the scope of trafficking, 
especially related to child adoptions, orphanages and 
Internats (boarding schools).  Further research will help to 
establish potential and actual victim profiles, thereby 
assisting the Government of Armenia and the NGO and donor 
communities to better focus prevention and victim assistance 
and protection programs.  The USG has provided funding to 2 
organizations to conduct such research.  We are extremely 
concerned by the Commission's intention to conduct separate 
research, which will be much smaller in scope.  Varying 
results may provide an ideal excuse for the GOAM to attempt 
to minimize the problem and discount the findings of the USG- 
funded study.  Future steps to improve protection of victims 
include: 
 
GOAL: Research to identify trafficking trends and victim 
profiles. 
 
UPDATE: The State Department has provided funding to two 
local NGOs to accomplish this task during 2004.  The 
Government of Armenia's support to this initiative will be 
critical.  We appreciate the GOAM's support to date to this 
initiative in providing a representative from the 
Governmental Commission to participate in the selection 
board to review program proposals.  We are hopeful that the 
Government of Armenia will also promote adequate access and 
transparency for the NGO conducting research to the relevant 
government institutions and agencies.  Given the GOAM's 
scarce resources to address TIP, we are hopeful that the 
GOAM will cooperate closely with this initiative, rather 
than duplicate this effort by going forth with its plans for 
a study. 
 
GOAL: Establishment of hotlines for both prevention and 
returnee assistance. 
 
UPDATE: The State Department currently supports a program 
(through IOM) by a local NGO to assist victims that includes 
a hotline.  More than 100 people from all over Armenia have 
contacted the hotline since its inception.  We understand 
that UNDP, in cooperation with UMCOR, intends to begin 
operating a hotline.  We are hopeful that efforts will be 
closely coordinated given that multiple hotlines with 
different procedures could result in confusion among at- 
risk/potential users.  Furthermore, better cooperation 
between implementers would also benefit data collection on 
victims. 
 
GOAL: Establishment of safehavens and reintegration centers 
for returnees, which will provide legal, medical and 
psychological assistance, and also socio-economic 
reintegration and appropriate monitoring of the process. 
 
UPDATE: The State Department currently supports a program 
(through IOM) by a local NGO to assist victims that includes 
safehavens and legal, medical and psychological assistance 
to returnees.  Law enforcement has referred suspected 
victims to this shelter-a sign that collaboration between 
NGOs and Armenian Government agencies is improving.   We 
understand that UNDP, in cooperation with UMCOR, intends to 
begin a similar program.  Without sufficient data on the 
trafficking phenomenon to include the type of victim (men, 
women, children) and the type of trafficking they are 
subjected to, victim assistance programs should be created 
that will allow for flexibility.  We are hopeful that the 
upcoming USG-funded research will provide much of the 
information required to better understand Armenian victim 
profiles. 
 
5.  COMMENT.  We have commended the GOAM on continued Tier 2 
status but also made it clear that more has to be done.  We 
have repeatedly sent the message that actual GOAM buy-in or 
ownership of the problem is critical-- TIP is not a donor 
issue, but an issue for Armenia with global tie-ins.  Now 
that the Head of the Commission is in place and the 
Government has approved the National Plan of Action, the 
focus should be on actual implementation of the NPA and 
better coordination of the interagency process.  END 
COMMENT. 
 
ORDWAY