VZCZCXRO6297
RR RUEHROV
DE RUEHTV #0700/01 0650354
ZNR UUUUU ZZH
R 060354Z MAR 07
FM AMEMBASSY TEL AVIV
TO RUEHXK/ARAB ISRAELI COLLECTIVE
RUEHC/SECSTATE WASHDC 9802
INFO RUEHDS/AMEMBASSY ADDIS ABABA 0752
RUEHAK/AMEMBASSY ANKARA 2567
RUEHBK/AMEMBASSY BANGKOK 1027
RUEHBJ/AMEMBASSY BEIJING 0793
RUEHBM/AMEMBASSY BUCHAREST 1574
RUEHCH/AMEMBASSY CHISINAU 0166
RUEHLM/AMEMBASSY COLOMBO 0345
RUEHRY/AMEMBASSY CONAKRY 0022
RUEHKT/AMEMBASSY KATHMANDU 0450
RUEHKV/AMEMBASSY KYIV 0016
RUEHML/AMEMBASSY MANILA 0256
RUEHSK/AMEMBASSY MINSK 0132
RUEHMO/AMEMBASSY MOSCOW 1918
RUEHNE/AMEMBASSY NEW DELHI 0318
RUEHNT/AMEMBASSY TASHKENT 0192
RUWDQAA/DEPT OF HOMELAND SECURITY WASHINGTON DC
RUEAWJA/DEPT OF JUSTICE WASHDC
RUEHC/DEPT OF LABOR WASHDC
RUEATRS/DEPT OF TREASURY WASHDC
UNCLAS SECTION 01 OF 09 TEL AVIV 000700
SIPDIS
SENSITIVE
SIPDIS
DEPARTMENT FOR G/TIP, G, INL, DRL, PRM, NEA/RA, USAID
E.O. 12958: N/A
TAGS: GTIP ASEC ELAB IS KCRM KFRD KJUS KWMN PHUM
PREF, SMIG
SUBJECT: ISRAEL 2007 TIP REPORT PART 2 OF 2
REF: 2006 STATE 202745
20. (SBU) The following answers respond to questions in
paragraph 29, section G of the instructions cable.
QUESTION 1: Is there any information or reports of who is
behind the trafficking? For example, are the traffickers
freelance operators, small crime groups, and/or large
international organized crime syndicates?
ANSWER: Hotline reported that there has always been an
organized criminal element in trafficking in Israel, and that
they saw the field increasingly dominated by sophisticated
organized criminal groups as participation by "regular"
people (truck drivers, day laborers etc.) that had been
active in the past, declined in the reporting period. Isha
L'Isha said that freelance operators, small crimes groups and
international organized crime elements were all involved.
QUESTION 2: Are employment, travel, and tourism agencies or
marriage brokers fronting for traffickers or crime groups to
traffic individuals?
ANSWER: Hotline reported that manpower companies and
employers are involved in bringing migrants for the purpose
of labor trafficking, in some cases individuals with ties to
the source country such as foreign citizens who gained
Israeli citizenship through marriage. Isha L'Isha reported
that traffickers sometimes used travel agencies, fictional
marriage firms, and reunions of family members to smuggle
victims into the country. Hotline said that in some cases
the job agency itself was directly responsible for the
trafficking, in other cases the victim's employer took
advantage of their position to extort money out of the
migrant workers. In some cases, according to Hotline, the
victims were brought over via tourist agencies that were
fronts for trafficking.
QUESTION 3: Are government officials involved?
ANSWER: A February 15, 2007 media report said that a senior
inspector at the Ministry of Labor, Mordechai Abarjil, was
placed on house arrest under the suspicion of taking bribes
and spreading inside information to manpower agencies. A
February 21, 2007 media report said that two police officers
with the Immigration Police were accused of working with the
criminal organization Hariri-Itam by passing intelligence
information, giving information on investigation, alerting
before police raids, etc. No further information is
available yet on these stories.
Kav LaOved reported that on August 27, 2006 it filed a
complaint on behalf of a Romanian victim that alleged an
official of the Ministry of Interior helped arranged fifteen
migrant worker visas, and that most of them were fictitious.
Kav LaOved said it specifically requested an investigation of
this official, but that none was ever conducted.
QUESTION 4: Are there any reports of where profits from
trafficking in persons are being channeled? (e.g. armed
groups, terrorist organizations, judges, banks, etc.)
ANSWER: Unknown. Isha L'Isha said that no report linked
prostitution with terrorist organizations, drug dealers or
weapons trafficking.
21. (SBU) The following answers respond to questions in
paragraph 29, section H of the instructions cable.
TEL AVIV 00000700 002 OF 009
QUESTION 1: Does the government actively investigate cases
of trafficking? (Again, the focus should be on trafficking
cases versus migrant smuggling cases.)
ANSWER: GOI input pending. Hotline said it did not know the
exact methods used by the police to conduct investigations,
but knew of cases of undercover police work and previously
deported women brought back to Israel to give testimony.
QUESTION 2: Does the government use active investigative
techniques in trafficking in persons investigations?
ANSWER: GOI input pending.
QUESTION 3: To the extent possible under domestic law, are
techniques such as electronic surveillance, undercover
operations, and mitigated punishment or immunity for
cooperating suspects used by the government?
ANSWER: GOI input pending.
QUESTION 4: Does the criminal procedure code or other laws
prohibit the police from engaging in covert operations?
ANSWER: GOI input pending. According to Hotline, Israeli
legislation limits the ability of the police to engage in
these activities, but does not prohibit it. Permission to
uses electronic surveillance or conduct house searches
requires a court order.
22. (SBU) The following answers respond to questions in
paragraph 29, section I of the instructions cable.
QUESTION 1: Does the government provide any specialized
training for government officials in how to recognize,
investigate, and prosecute instances of trafficking?
ANSWER: The GOI coordinator reported that training programs
were initiated to help authorities recognize trafficking.
Hotline reported training to identify victims and legal
aspects of trafficking for clerks at the Population Registry
at the Ministry of the Interior. Hotline also reported they
received a letter on November 26, 2006 that stated all
investigators dealing in trafficking undergo two one-week
training courses. Immigration Authority policemen and senior
officials also attended lectures on the issue. Hotline said
that policemen lacked proper training in several areas
relating to sex trafficking.
(SBU) The following answers respond to questions in paragraph
29, section J of the instructions cable.
QUESTION 1: Does the government cooperate with other
governments in the investigation and prosecution of
trafficking cases?
ANSWER: GOI input pending.
QUESTION 2: If possible, can post provide the number of
cooperative international investigations on trafficking?
ANSWER: GOI input pending.
23. (SBU) The following answers respond to questions in
paragraph 29, section K of the instructions cable.
QUESTION 1: Does the government extradite persons who are
TEL AVIV 00000700 003 OF 009
charged with trafficking in other countries?
ANSWER: GOI input pending.
QUESTION 2: If so, can post provide the number of
traffickers extradited?
ANSWER: GOI input pending.
QUESTION 3: Does the government extradite its own nationals
charged with such offenses?
ANSWER: GOI input pending.
QUESTION 4: If not, is the government prohibited by law from
extraditing its own nationals?
ANSWER: GOI input pending.
QUESTION 5: If so, is the government doing anything to
modify its laws to permit the extradition of its own
nationals?
ANSWER: GOI input pending.
24. (SBU) The following answers respond to questions in
paragraph 29, section L of the instructions cable.
QUESTION 1: Is there evidence of government involvement in
or tolerance of trafficking, on a local or institutional
level? If so, please explain in detail.
ANSWER: Hotline reported that the government made serious
efforts to combat sex trafficking. Hotline said the
government was not directly involved in labor trafficking,
but was "extremely tolerant" of it. According to Hotline,
prior to recently enacted legislation there were no active
investigations, complaints were not investigated properly,
most cases were closed, and victims were not awarded any
protection.
25. (SBU) The following answers respond to questions in
paragraph 29, section M of the instructions cable.
QUESTION 1: If government officials are involved in
trafficking, what steps has the government taken to end such
participation?
ANSWER: GOI input pending.
QUESTION 2: Have any government officials been prosecuted
for involvement in trafficking or trafficking-related
corruption?
ANSWER: None reported by NGOs. GOI input pending.
QUESTION 3: Have any been convicted?
ANSWER: None reported by NGOs. GOI input pending.
QUESTION 4: What sentence(s) was imposed? Please provide
specific numbers, if available.
ANSWER: GOI input pending.
26. (SBU) The following answers respond to questions in
paragraph 29, section N of the instructions cable.
TEL AVIV 00000700 004 OF 009
QUESTION 1: If the country has an identified sex tourism
problem (as source or destination), how many foreign
pedophiles has the government prosecuted or
deported/extradited to their country of origin?
ANSWER: N/A
QUESTION 2: What are the countries of origin for sex
tourists?
ANSWER: N/A
QUESTION 3: Do the country's child sexual abuse laws have
extraterritorial coverage (similar to the U.S. PROTECT Act)?
ANSWER: GOI input pending.
QUESTION 4: If so, how many of the country's nationals have
been prosecuted and/or convicted under the extraterritorial
provision(s)?
ANSWER: GOI input pending.
27. (SBU) The following answers respond to questions in
paragraph 29, section O of the instructions cable.
QUESTION 1: Has the government signed, ratified, and/or
taken steps to implement the following international
instruments? Please provide the date of
signature/ratification if appropriate.
ANSWER: GOI input pending.
-- ILO Convention 182 concerning the Prohibition and
Immediate Action for the Elimination of the Worst Forms of
Child Labor.
The government ratified ILO Convention 182 on December 16,
2004.
-- ILO Convention 29 and 105 on Forced or Compulsory Labor.
The government ratified these conventions on July 7, 1955 and
April 10, 1958, respectively.
-- The Optional Protocol to the Convention on the Rights of
the Child (CRC) on the Sale of Children, Child Prostitution,
and Child Pornography.
The government signed this protocol on November 14, 2001, but
to the best of our knowledge has not ratified the
conventions. GOI input pending.
-- The Protocol to Prevent, Suppress and Punish Trafficking
in Persons, especially Women and Children, supplementing the
UN Convention Against Transnational Organized Crime.
The government ratified the Convention in December 27, 2006,
and is working to ratify the Protocol.
------------------------------------
PROTECTION AND ASSISTANCE TO VICTIMS
------------------------------------
28. (SBU) The following answers respond to questions in
paragraph 30, section A of the instructions cable.
QUESTION 1: Does the government assist victims, for example,
TEL AVIV 00000700 005 OF 009
by providing temporary to permanent residency status, relief
from deportation, shelter and access to legal, medical and
psychological services? If so, please explain.
ANSWER: The government provides these services, but the
scope varies with different groups. Victims of trafficking
for prostitution generally receive all of these services,
while victims of labor trafficking receive only access to
legal services. The lack of temporary shelter for victims of
labor trafficking is especially acute. Awaiting verification
as to whether permanent residency status could be granted,
but to the best of our knowledge it has not gratned to date.
QUESTION 2: Does the country have victim care and victim
health care facilities?
ANSWER: Yes. However, NGOs reported that the facilities
were inadequate for the number of victims, and that the
government often employed alternative solutions -- such as
placement in kibbutzim - and on numerous occasions asked the
NGOs if they could house the victims.
QUESTION 3: Does the country have facilities dedicated to
helping victims of trafficking? If so, can post provide the
number of victims placed in these care facilities?
ANSWER: Yes. Ma'agan Shelter can house up 50 women, and
Isha L'Isha said that is sufficient for the current number of
trafficking victims, although Isha L'Isha would prefer
several smaller facilties located at various points around
Israel rather than one large shelter for the entire country.
Awaiting input on cuurent number of women housed in the
shelter. Victims of labor trafficking do not have a
facility, and NGOs report that finding temporary housing for
them is an an ad hoc and often difficult process.
29. (SBU) The following answers respond to questions in
paragraph 30, section B of the instructions cable.
QUESTION 1: Does the government provide funding or other
forms of support to foreign or domestic NGOs for services to
victims? Please explain.
ANSWER: No, according to NGOs. GOI input pending.
30. (SBU) The following answers respond to questions in
paragraph 30, section C of the instructions cable.
QUESTION 1: Do the government's law enforcement and social
services personnel have a formal system of identifying
victims of trafficking among high-risk persons with whom they
come in contact (e.g. foreign persons arrested for
prostitution or immigration violations)?
ANSWER: GOI input pending. Isha L'Isha reported that the
government has semi-formal training that needs improvement.
QUESTION 2: Is there a referral process in place, when
appropriate, to transfer victims detained, arrested or placed
in protective custody by law enforcement authorities to NGO's
that provide short- or long-term care?
ANSWER: GOI input pending. Isha L'Isha reported no, that
victims who are in the care of the NGOs were not referred to
them by any established, official process.
31. (SBU) The following answers respond to questions in
paragraph 30, section D of the instructions cable.
TEL AVIV 00000700 006 OF 009
QUESTION 1: Are the rights of the victims respected, or are
victims treated as criminals?
ANSWER: Isha L'Isha said that victims' rights are usually
respected. According to Hotline, women trafficked for
prostitution were increasingly treated by authorities both as
victims with special needs and with greater sensitivity.
Hotline reported that labor trafficking victims were treated
as illegal aliens.
QUESTION 2: Are victims detained, jailed, or deported?
ANSWER: GOI input pending. Hotline reported that a few
women were detained in cases where they were not properly
identified as victims by authorities, and that women who did
not want to be transferred to shelters or give testimony were
usually deported.
QUESTION 3: If detained or jailed, for how long?
ANSWER: GOI input pending. For sex trafficking victims,
Isha L'Isha said that if a victim decided to be deported
they are detained in a special center until deportation,
"which takes place within two weeks at the most." Hotline
reported that it depends on the time it takes the woman's
embassy to issue travel documents, usually two to three
weeks, although Hotline said the Ukrainian and Uzbek
embassies were "particularly slow" in issuing travel
documents.
For labor trafficking victims, Hotline noted that in some
cases, such as Guinea, Israel does not have diplomatic
relations with the source country, thus victims can be held
in detention indefinitely. According to Hotline, victims
from India, Sri Lanka and Nepal are detained a month on
average.
QUESTION 4: Are victims fined?
ANSWER: Hotline and Isha L'Isha both reported no.
QUESTION 5: Are victims prosecuted for violations of other
laws, such as those governing immigration or prostitution?
ANSWER: Isha L'Isha said no. Hotline reported this happened
very rarely, and only in cases where the person entered
Israel after being deported at least once.
32. (SBU) The following answers respond to questions in
paragraph 30, section E of the instructions cable.
QUESTION 1: Does the government encourage victims to assist
in the investigation and prosecution of trafficking?
ANSWER: Isha L'Isha said yes. Hotline reported that the
police encouraged the victims to assist in the investigation.
In addition, the new anti-trafficking law instructs judges
who do not award legal redress to explain the reasoning
behind their decision. Hotline said they believe this will
encourage more judges to award legal redress, and
consequently more women to testify.
QUESTION 2: May victims file civil suits or seek legal
action against the traffickers?
ANSWER: Hotline reported that in 2006, eight women submitted
civil claims against traffickers, seven of which were with
TEL AVIV 00000700 007 OF 009
the assistance of the Legal Aid Department of the Ministry of
Justice, one with the assistance of Hotline. Hotline said
only a third of the prosecution witnesses decided to file
civil suits, citing two main reasons the women are reluctant:
a lack of faith in state institutions, as they believe that
free services could not be very good; and a lack of faith -
that Hotline called justified - that they would ever see the
money even if they are awarded damages.
Hotline reported that labor trafficking victims can file
civil cases in theory, but in practice do not because they
can't afford lawyers, are deported before they can make a
decision, and are threatened by traffickers.
According to Hotline, workers can sue their employer in labor
court, but lack of legal knowledge, lack of representation,
and the likely termination of work - and resultant loss of
legal status - prevent most labor victims from doing so.
QUESTION 3: Does anyone impede the victims' access to such
legal redress?
ANSWER: Isha L'Isha said no. Hotline reported that the
women were informed of State-provided legal representation
while they are at the shelters and also via posters hung in
detention. Hotline said that in seven rulings in civil cases
of eight women, compensation was paid to only three women in
two cases, and that another woman who was awarded 228,000 NIS
only received 300 NIS. Hotline also reported that many women
were deported before the conclusion of their criminal trial,
and that when compensation was awarded the State made no
effort to find them and transfer money to them. GOI input
pending.
QUESTION 4: If a victim is a material witness in a court
case against a former employer, is the victim permitted to
obtain other employment or to leave the country pending trial
proceedings?
ANSWER: GOI input pending. Hotline reported that women
waiting to give testimony were given work permits, and if
they were residing in a shelter they were given assistance in
finding a job.
QUESTION 5: Is there a victim restitution program?
ANSWER: GOI input pending. The new comprehensive
anti-trafficking law establishes a victim restitution
program, and but to the best of our knowledge no fund has
been established nor monies awarded from it.
33. (SBU) The following answers respond to questions in
paragraph 30, section F of the instructions cable.
QUESTION 1: What kind of protection is the government able
to provide for victims and witnesses?
ANSWER: GOI input pending.
QUESTION 2: Does it provide these protections in practice?
ANSWER: Hotline reported that sex trafficking victims stayed
in the Ma'agan shelter prior to deportation or while waiting
to give testimony, and were provided protection and services.
However, women outside the shelter are not provided with the
same services. They are eligible for legal representation
and visas but not physical or emotional care. NGOs spoke
often of the need for transitional housing to aid victims in
their rehabilitation and help them establish independent
TEL AVIV 00000700 008 OF 009
lives. Hotline said that labor trafficking victims received
legal aid, but otherwise did not receive help except for a
form to protect them from arrest and detention that had to be
constantly renewed. According to Hotline, labor trafficking
victims did not receive work visas, monetary assistance, or
health care.
Isha L'Isha reported that shelter for international sex
trafficking victims provides protection and that there are
processes to evaluate dangerous situations so that victims
who are potential court witnesses can remain in Israel,
although there were very few cases in which this happened.
Isha L'Isha said there is no specific program to protect
witnesses.
GOI input pending.
QUESTION 3: What type of shelter or services does the
government provide?
ANSWER: GOI input pending.
QUESTION 4: Does it provide shelter or housing to victims or
other resources to aid the victims in rebuilding their lives?
ANSWER: GOI input pending.
QUESTIN 5: Where are child victims placed (e.g. in shelters,
foster-care, or juvenile justice detention center)?
ANSWER: Isha L'Isha said that no child victims were found in
2006. Hotline reported that minors were detained the Michal
detention center, and did not receive assistance from social
workers or mental health professionals. GOI input pending.
34. (SBU) The following answers respond to questions in
paragraph 30, section G of the instructions cable.
QUESTION 1: Does the government provide any specialized
training for government officials in recognizing trafficking
and in the provision of assistance to trafficked victims,
including the special needs of trafficked children?
ANSWER: Isha L'Isha said yes.
QUESTION 2: Does the government provide training on
protections and assistance to its embassies and consulates in
foreign countries that are destination or transit countries?
ANSWER: Isha L'Isha said yes.
QUESTION 3: Does it urge those embassies and consulates to
develop ongoing relationships with NGOs that serve trafficked
victims?
ANSWER: Isha L'Isha said yes.
35. (SBU) The following answers respond to questions in
paragraph 30, section H of the instructions cable.
QUESTION 1: Does the government provide assistance, such as
medical aid, shelter, or financial help, to its repatriated
nationals who are victims of trafficking?
ANSWER: Hotline reported that there were some cases of
Israeli women were returned to Israel after being trafficked
abroad, but that as far as they know these women received no
assistance from the government. Isha L'Isha said there was
TEL AVIV 00000700 009 OF 009
only one known case of an Israeli trafficking victim for the
purpose of prostitution in 2006.
36. (SBU) The following answers respond to questions in
paragraph 30, section I of the instructions cable.
QUESTION 1: Which international organizations or NGOs, if
any, work with trafficking victims?
ANSWER: Hotline for Migrant Workers, Isha L'Isha, Kav
LaOved, the Center for International Migration and
Immigration, and Machon Toda'a are five prominent Israeli
NGOs that work with trafficking victims. International NGOs
that work with sex trafficking victims in Israel include Las
Strada in Moldova, the Angel Coalition, IOM Uzbekistan,
Istikamboli Avlod Uzbekistan, IOM Ukraine, IOM Byelorus,
Winrock Russia, and IOM Chisinau - Moldova. UNHCR and
Amnesty International work with refugees, who can become
trafficking victims.
QUESTION 2: What type of services do they provide?
ANSWER: Each organization provides a different set of
services to a different group of victims. A partial list of
the kinds of services they provide includes: victim's
hotline; economic assistance; provision of temporary shelter;
legal representation; legal advocacy; job training;
psychiatric treatment; medical treatment; greeting women at
the airport when they land in the source country; helping the
women to safely arrive home from the airport;
QUESTION 3: What sort of cooperation do they receive from
local authorities? NOTE: If post reports that a government
is incapable of assisting and protecting TIP victims, then
post should explain thoroughly. Funding, personnel, and
training constraints should be noted, if applicable.
Conversely, the lack of political will to address the problem
should be noted as well.
ANSWER: As reported earlier, the NGOs generally found the
government to be more responsive than in the past, especially
GOI TIP coordinator Rachel Gershuni. Specific cooperation in
assisting trafficking victims is more limited. Services NGOs
cited that the government did provide them, or help them
provide to the victims, included arranging a safe return to
their home country from the staff of the Ma'agan shelter; and
contact with the appropriate NGO to help the women re-adjust
to life in their home country. To the best of our knowledge,
the GOI does not provide funding to NGOs.
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