US embassy cable - 05HELSINKI1277

UNCLAS SECTION 01 OF 04 HELSINKI 001277 
 
SIPDIS 
 
SENSITIVE 
 
STATE FOR G/TIP AND EUR/NB 
 
E.O. 12958: N/A 
TAGS: PHUM, PREL, PGOV, SMIG, SOCI, FI, Trafficking-In-Persons 
SUBJECT: FINLAND MOVES TO IMPLEMENT NATIONAL ACTION PLAN 
AGAINST TIP 
 
 
1.  (U)  Summary:  Finland is in the process of implementing 
its new National Action Plan.  Each ministry and agency has 
created an internal implementation strategy.  An interagency 
working group will monitor and report results.  Police and 
prosecutors are investigating several cases, but suffer from 
a lack of experience with "transit" cases and will benefit 
greatly from additional training; a VOLVIS program for state 
prosecutors would be effective.  The Frontier Guard is 
increasingly concerned about Asian crime organizations and 
will post a permanent liaison officer in Beijing.  TIP 
victims will be sheltered in existing refugee reception 
centers and a bill now in Parliament to grant temporary 
residency is expected to pass.  MFA and Frontier Guard 
officials are training Finnish consular officers in Russia 
and Ukraine on victim identification and follow-through. 
Better communication is needed between the GoF and NGOs, many 
of which are unaware of recent steps the Government has taken 
to implement the National Action Plan.  On prevention, 
Finland continues to work through multilateral fora and 
provide assistance for projects in the Baltic countries, 
Russia, Ukraine, and Moldava.  End Summary. 
 
 
Finland's Interagency Working Group 
----------------------------------- 
2.  (U)  The visit of G/TIP's analyst for the Nordic-Baltic 
region in November provided an ideal opportunity to canvass 
the GoF about TIP.  Finland has formed a capable interagency 
TIP working group responsible for implementing the National 
Action Plan (NAP) under the direction of Mervi Virtanen, 
Director of International Affairs at the Labor Ministry, and 
Tuomo Kurri, Director of Immigration at the Interior 
Ministry. Virtanen told Poloffs and G/TIP analyst that every 
government agency with equity in combating TIP has now 
developed a "plan within a plan" to carry out the NAP's 
recommendations.  The working group will meet periodically to 
monitor progress and report results to the Government.  The 
Labor Ministry's own internal plan concentrates on victim 
protection.  TIP victims will be sheltered in MoL-run asylum 
and refugee reception centers.  This decision was pragmatic; 
only the MoL has the necessary resources and existing 
facilities to provide immediate shelter to victims.  A 
sub-group within the ministry was formed to draft definitive 
victim identification and protection protocols for the entire 
government.  Virtanen also said that combating labor 
trafficking will receive new emphasis.  The incidence of 
labor trafficking in Finland is unknown, but the GoF believes 
some smuggled workers in the construction industry could be 
exploited after arrival in Finland.  A trade union 
representative has been added to the working group to inform 
deliberations. 
 
3.  (U)  Finland plans to amend its Aliens Act to allow TIP 
victims to remain inside the country.  As a matter of policy, 
Finland stopped deporting suspected TIP victims in 2004.   A 
draft amendment submitted to Parliament in September seeks to 
create a special temporary residency category for TIP victims 
enabling them to remain in Finland for an extended period and 
receive health, education, and employment benefits available 
to legal permanent residents.  Victims would also be eligible 
to apply to adjust their status and remain permanently in 
Finland.  Kurri said that the Interior Ministry's internal 
plan focuses on finalizing the amendment in early 2006; a 
series of seminars aimed at familiarizing relevant GoF 
agencies and offices on these and other changes will follow. 
Kurri himself is a candidate for a 2006 International Visitor 
program on trafficking. 
 
 
Prosecution 
----------- 
4.  (SBU)  Finnish authorities have detected a shift in 
transnational crime routes in the Nordic-Baltic region.  The 
Criminal Intelligence Division of Finland's National Bureau 
of Investigation (NBI) told Poloffs and G/TIP that Estonian 
organized crime syndicates are still the major source for 
drugs smuggled into Finland, but human smuggling, 
trafficking, and prostitution from Estonia to Finland has 
declined dramatically.  Russian and--increasingly--Asian 
crime syndicates are believed to be responsible for TIP 
victims trafficked through Finland.  As part of its response, 
the NBI is in the process of implementing its own anti-TIP 
action plan within the broader framework of the NAP.  The NBI 
plan has four components:  operations; awareness training and 
instruction; formation of a special anti-TIP unit; and 
increased cooperation with NGOs regarding protective 
services.  Finnish liaison officers with anti-trafficking 
responsibility are now stationed in Murmansk, Petrozavorsk, 
St. Petersburg and Moscow in Russia, in Tallinn, in the 
Hague, in Lyon, and in Malaga (Spain).  A Frontier Guard 
liaison officer will be sent to Beijing in January 2006 given 
the increase in smuggling and trafficking from China. 
Additionally, Finland participates in the "Nordic Cooperation 
Network," a network of Finnish, Swedish, Danish, Norwegian, 
and Icelandic law enforcement liaison officers sprinkled 
throughout Europe, Asia, and the Middle-East. 
 
5.  (U)  The Frontier Guard is on the front-line of Finland's 
fight against TIP and has been especially active.  Since 
April, approximately 200 Frontier Guards have cycled through 
a victim-identification training course;  plans call for more 
than 1,000 Guards to complete the course by the end of 2006. 
Major Ilkka Herranen, a 2005 TIP International Visitor 
program participant, has emerged as one of the leading voices 
in the GoF on TIP.  The Guard is increasingly concerned about 
Asian gangs using Helsinki's Vantaa airport as a "gateway" 
into the Schengen region given the expansion of air routes 
between Finland and Asian cities like Shanghai and Bangkok. 
 
 
6.  (SBU)  The NBI advised us that subsequent to the NAP's 
adoption earlier this year, three cases of 
trafficking-in-persons and one case of aggravated 
trafficking-in-persons have been investigated (please 
protect); not all of these cases have been made public as 
investigations are ongoing.  Due to the difficulty of 
prosecuting transit-TIP cases, some of the perpetrators were 
ultimately prosecuted (successfully) for pimping and other 
related offenses rather than trafficking.  NBI officials 
admitted disappointment that these cases did not result in 
actual trafficking convictions; however, they stressed that 
they were more concerned about stopping the traffickers and 
breaking up the rings then about the actual statute under 
which that the criminals were finally convicted. 
 
7.  (SBU)  While the NBI and the Frontier Guard are out in 
front in the implementation of their portions of the NAP, the 
Prosecutor-General's Office is still in the early stages of 
implementing its own internal action plan.  A training 
seminar for state prosecutors is scheduled for mid-December 
in Tampere regarding effective use of new legislation making 
trafficking a separate criminal offense.  Echoing the 
comments of law enforcement officers, prosecutors told 
Poloffs that although there is real will to go after 
traffickers using the new law, it has proved difficult so 
far.  Transit-trafficking cases are difficult to prove since 
the victims are intercepted in "mid-stream" and have not 
reached their final destination.  The Finnish officials said 
that prosecutors did not yet have adequate training or 
experience to make trafficking charges stick in such cases, 
so they fell back on related offenses in order to obtain 
convictions and break up the rings.  However, the Finns are 
optimistic that additional training opportunities will enable 
them to better use the new law. 
 
8.  (SBU)  Comment:  Finnish law enforcement and 
prosecutorial officials are clearly committed to and 
enthusiastic about going after traffickers.  Just as clearly, 
however, they lack the necessary experience to do so as 
effectively as possible.  While traffickers are being 
investigated and prosecuted, police and prosecutors have been 
unable to use all the legal tools at their disposal.  The 
Embassy in 2004 facilitated a VOLVIS program for Finnish 
officials from the MFA, MoJ, Parliament, Lutheran Church, and 
NGOs;  participants subsequently played important roles in 
crafting the National Action Plan.  Poloffs raised the 
possibility of facilitating a similar VOLVIS for prosecutors 
in the spring of 2006, to which the Finns responded 
enthusiastically.  The Prosecutor-General's Office would 
ideally like to have a lead prosecutor from each of the 
country's four largest judicial districts participate in a 
program aimed at putting the Finns together with American 
counterparts.  Our Public Affairs Section is following up on 
the project. 
 
 
Protection 
---------- 
9.  (U)  Under Finland's National Action Plan, the GoF is 
rapidly upgrading the facilities and protection environment 
offered to suspected trafficking victims.  Most victims are 
taken to MoL-operated reception centers for refugees and 
asylum seekers located throughout the country.  Finland's 
anti-TIP working group is now in the process of identifying 
several centers that will become "dedicated" TIP shelters and 
receive additional TIP-specific resources.  The system has a 
capacity for 2,539 persons country-wide, and operates at any 
point in time at 60%-80% capacity.  The reception centers are 
open (residents can come and go), but visitors are screened 
by officials and not allowed to contact residents without 
their express consent.  Residents are segregated by sex, 
although "family rooms" are also available.  Residents 
receive legal counseling, medical and psychological services, 
and monthly stipends.  There are also several smaller, 
"closed" reception centers with greater security for persons 
deemed at-risk.  TIP victims who feared for their safety or 
who were testifying against traffickers might be sheltered in 
these facilities. 
 
10.  (U)  Poloffs and G/TIP analyst visited a reception 
center in East Helsinki.  The 40-bed facility had separate 
accommodations for minors and adults.  The center's 
professional staff told Poloffs that they were unsure how 
many trafficking victims to expect in the wake of the NAP's 
adoption, but were prepared to assist victims to the best of 
their ability.  Several women believed to have been involved 
in prostitution or trafficking situations have already stayed 
at the center, although officials declined to elaborate on 
individual cases for privacy concerns;  the center's staff 
emphasized that they treated all residents alike regardless 
of their circumstances (asylees, TIP victims, smuggled 
persons, etc.), and did not press them for details if they 
were uncomfortable discussing them.  TIP victims were not 
openly identified as such so that no stigmatization would 
occur.  The facility's  resident psychiatrist said that 
medical and counseling services were provided for women that 
had been sexually traumatized and abused, but that additional 
training for staff was needed.  The staff also commented that 
it was often difficult to keep track of residents since the 
center is "open."  Residents sometimes simply leave and 
disappear into Helsinki, a phenomenon that worries Finnish 
law enforcement officials. 
 
11.  (U)  Comment:  The GoF's network of reception centers is 
impressive.  The pragmatic decision to employ existing 
facilities makes sense, particularly in the absence of 
sufficient private shelters.  The centers' "open" nature 
remains problematic, however.  Finnish officials are at pains 
to de-emphasize the "institutional" nature of the shelters 
and to not treat residents like detainees or prisoners.  This 
might place certain residents, including trafficking victims, 
at greater risk.  The Interior Ministry has already noted 
that at least some smugglers seem to have gamed the system 
and used the shelters to facilitate the transit of illegal 
migrants.  Shelter officials do believe that as the NAP 
progresses and training programs are implemented, they and 
law enforcement will be empowered to share information more 
efficiently, thereby improving protection for victims while 
mitigating some of the unintended negative consequences of 
the shelters' open nature. 
 
 
Prevention 
---------- 
12.  (U)  Finland's prevention efforts are directed toward 
intervention in source countries.  Identifying potential 
victims and providing education and economic opportunities so 
that at-risk groups have a way out is at the heart of the 
GoF's strategy.  The MFA's Human Rights Unit noted that 
Finland's plans for its second-term 2006 EU Presidency 
include making TIP an area of special focus.  The GoF plans 
to host a major EU conference during the fall as part of a 
series of "rotating" seminars throughout the Nordic-Baltic 
region.  The GoF is also increasing its funding of regional 
anti-TIP programs, usually through multilateral fora like the 
Council of Baltic Sea-States and the Barents Euro-Arctic 
Council.  Finland currently funds prevention projects in 
Finnish Lapland, Russia, Latvia, Estonia, Ukraine, and 
Moldava.  The Social Affairs Ministry funds domestic 
prevention programs aimed at demand reduction and education 
in several major cities and in Karelia along the Russian 
border. 
 
13.  (SBU)  Naturally, much of Finland's prevention effort 
must be focused on Russia.  Finnish consular officers there 
face a difficult task given the close geographic proximity of 
St. Petersburg to the Finnish border.  Russian applicants 
with relatively modest resources may still credibly claim 
they intend to make a short, inexpensive visit to Finland for 
shopping or to visit friends.  This makes adjudication 
tricky.  In response, the MFA has designed a training program 
to teach Finnish officers how to better screen applicants to 
detect possible trafficking situations as well as how to 
follow up beyond simple refusals when trafficking is 
suspected.  Hilkka Nenonen, Director for Consular Training at 
the MFA, also told us that the first training seminar had 
been held in St. Petersburg in early November. 
 
14.  (SBU)  Clearly, various GoF agencies are heavily focused 
on implementing the NAP.  If there is a weak spot in their 
efforts, however, that may be in the area of GoF-NGO 
communication.  At an Embassy-organized roundtable for NGOs 
operating both inside Finland and abroad, we were surprised 
to learn that many were unaware of important recent steps the 
Government has taken to implement the NAP.  Several NGOs 
expressed frustration with what they perceived as the slow 
pace of NAP implementation, and Poloffs and G/TIP analyst -- 
who had just made the rounds of GoF officials -- found 
themselves in the position of having to provide updates in 
many areas, such as how many Frontier Guards had already 
received victim-identification training.  In addition, the 
International Organization for Migration (IOM) advised that 
the lack of any definitive study about the scope and 
incidence of TIP in Finland remains a problem.  IOM is 
attempting to find funding to carry out such a survey. 
(Note: IOM has submitted a proposal to the GoF to assist with 
law enforcement training and we understand the Frontier Guard 
is leaning toward accepting the proposal).  The Embassy has 
informed its GoF interlocutors of the need to keep NGOs fully 
informed and improvements in this area are expected. 
 
15.  (SBU)  Comment:  Finland faces many obstacles in 
addressing prevention in countries like Russia and Ukraine, 
but is clearly committed to working through regional 
multilateral fora to do all it can.  Political pressure from 
Moscow to keep visa refusals low exacerbates the already 
difficult job of Finland's consular officers.  The MFA's 
proactive training initiative is a welcome complement to its 
generous external assistance program.  NGO representatives 
participated in the process of drafting the National Action 
Plan, but communication between NGOs and the GoF, and among 
the NGOs themselves, needs improvement.  Most NGO 
representatives were unaware of efforts already underway to 
implement the NAP's recommendations, including a widespread 
mistaken belief that police and Frontier Guard officials had 
yet to begin planned training seminars on victim 
identification and assistance measures.  We passed this along 
to the chair of the GoF's working group along with a 
suggestion that additional outreach to the NGOs might be 
effective. 
HYATT