US embassy cable - 05MINSK951

UNCLAS MINSK 000951 
 
SIPDIS 
 
SIPDIS 
 
DEPT FOR G/TIP, PRM, DRL 
 
E.O. 12958: N/A 
TAGS: KCRM, KWMN, PHUM, PGOV, BO 
SUBJECT: President Signs TIP Edict 
 
Ref: Minsk 399 
 
1. Summary: On August 8 President Lukashenko signed the edict `On 
Preventing the Effects of TIP', which defines the status of 
trafficking victims and mandates measures to provide protection 
and medical care and to guarantee social security to these 
victims.  The edict is another important step by the GOB, 
following the March decree `On Combating TIP' (reftel), in a 
process aimed at preventing trafficking crimes and overcoming 
severe consequences for the victims, regardless of their age or 
citizenship.  End summary. 
 
2.  According to the edict, a person is considered to be a TIP 
victim under two concurrent conditions: the person has suffered 
from crimes related to sexual or other types of exploitation 
(Articles 171, 181, 182, and 187 of the Criminal Code), and in 
connection to this either legal proceedings occurred in the past 
or criminal prosecution is ongoing in Belarus or abroad. 
 
3.  The edict ensures victims' safety, social security and 
rehabilitation care, and requires Belarusian diplomatic missions 
and consular sections abroad to render the victims necessary 
assistance.  Social security and rehabilitation services are 
granted to the victims free of charge, and include placing the 
victims in temporary lodging facilities (food and beds provided), 
providing free legal assistance, and arranging medical care by 
state-run medical institutions, including psychological 
counseling if necessary.  Full-time employment assistance will 
also be offered. 
 
4.  TIP victims may not be deported or otherwise held 
administratively accountable for offences committed in connection 
to TIP crimes against them. 
 
5.  Belarusian diplomatic missions and consular sections must 
explain to Belarusian citizens abroad legislation on combating 
TIP and victim protection enacted in the host country and in 
Belarus, guarantee full compliance of the host country's laws in 
relation to the citizens of Belarus, and ensure the return of 
victims who are Belarusian citizens to their place of residence. 
 
6.  The edict mandates reimbursement by the offender/trafficker, 
enforceable in a court of law, of all costs incurred by the state 
in helping TIP victims.  Local governments and administrative 
agencies, district centers of social services, children's social 
shelters, and prosecutors all have the right to demand such 
reimbursement through the courts. 
 
7.  The provisions of the edict do not apply, and any protection 
activities already administered will be terminated, if a TIP 
victim obstructs either the preliminary investigation or the 
criminal prosecution of the case. 
 
8.  Comment: The edict `On Preventing the Effects of TIP' is the 
first comprehensive legislative act that specifies actual 
protection of TIP victims by the government.  A commendable 
advantage of the edict is its application to foreign citizens who 
fall victim to a TIP crime on the territory of Belarus or suffer 
as a result of illegal activities of Belarusian citizens. 
However, the provision on interfering with the investigation or 
prosecution of TIP crimes raises concern since the edict clearly 
states that any victim preventing law enforcement agencies from 
investigating the crime will not receive any kind of assistance. 
Moreover, it neither defines what kind of obstruction may prevent 
victims from receiving support, nor the level of the required 
cooperation with law enforcement agencies.  The edict also does 
not provide any funding for the activities it specifies. 
Moreover, the lack of qualified professional staff in state-run 
medical and social facilities to provide proper assistance to TIP 
victims could impede the implementation of the edict. 
 
KROL