Cablegate: Embassy Tel Aviv Response for Trafficking In

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RUEAWJA/DEPT OF JUSTICE WASHDC

RHMFIUU/DEPT OF HOMELAND SECURITY WASHINGTON DC

RUEHC/DEPT OF LABOR WASHDC

RUEATRS/DEPT OF TREASURY WASHDC

UNCLAS SECTION 01 OF 37 TEL AVIV 000548

SIPDIS

SENSITIVE

SIPDIS

STATE PLEASE PASS TO USAID

G/TIP, G, INL, DRL, PRM, NEA/RA, NEA/IPA

E.O. 12958: N/A

TAGS: KCRM PHUM KWMN SMIG KFRD ASEC PREF ELAB IS

SUBJECT: EMBASSY TEL AVIV RESPONSE FOR TRAFFICKING IN

PERSONS REPORT

REF: A. STATE 2731

B. INL G/TIP GAYATRI PATEL EMAILS

C. GAYATRI PATEL - ALAN HOLST TELEPHONE

CONVERSATION MARCH 7

TEL AVIV 00000548 001.2 OF 037

1. (SBU) This cable is Embassy Tel Aviv's input for the

2008 Trafficking in Persons (TIP) Report per Reftel A.

Embassy point of contact is Alan Holst, telephone (972)

3-519-7437, fax 519-7484, email holstar@state.gov. The

Government of Israel (GOI) TIP Report coordinator was

hospitalized, and Post was granted extra time to prepare

this response in order to allow for the GOI official,

upon her return, to organize and submit the GOI's input,

and for Post to analyze and incorporate that input.

(Reftel B) Nomination of Heroes and Best Practices will

be forthcoming in a separate cable.

--------------------------------------------- ---

Overview of a country's activities to eliminate

trafficking in persons

--------------------------------------------- ---

2. Responses to questions in paragraph 27, section A of

instructions cable. (Reftel A)

-- A. Is the country a country of origin, transit, and/or

destination for internationally trafficked men, women, or

children?

Although numbers have declined dramatically from the

past, Israel remains a destination country for women

trafficked internationally for the purpose of

prostitution. NGOs reported that some Israeli women were

trafficked to other countries for the purpose of

prostitution. NGOs allege that an unknown number

(estimates vary) of foreign workers are trafficked for

the purpose of labor, although reliable quantification of

those charges remains elusive.

-- B. Provide, where possible, numbers or estimates for

each group; how they were trafficked, to where, and for

what purpose.

Most sex trafficking victims are women age 18 to 35. The

government reported that that police estimates were "a

few hundred" victims in 2007, but no exact figures are

available. In 2007, 75 trafficked women were housed at

the Maagan shelter, with 42 women and 7 children resident

at the shelter as of March 1, 2008. The former Soviet

Union (FSU) remains the main source of sex trafficking

victims, with Ukraine, Moldova, Russia and Uzbekistan the

most common countries of origin. NGO Isha L'Isha Haifa

Feminist Center (Isha L'Isha) reported 5 sex trafficking

victims from China, and a "suspicion" that some women

from the Philippines had been trafficked for the purpose

of prostitution.

According to the government, most of the sex trafficking

victims were smuggled across the Israel-Egyptian border,

while a limited number arrived through Ben-Gurion airport

TEL AVIV 00000548 002.2 OF 037

either pretending to be tourists or using false marriage

documents obtained from Israeli nationals. Most women

were transferred from the Egyptian border directly to the

Tel Aviv area, although some were taken to brothels or

other sex establishments in other parts of Israel.

According to evidence brought before the subcommittee

that drafted the recommendations for the National Plan to

Combat Trafficking for Prostitution, most trafficking

victims are now found in call-girl establishments rather

than in brothels.

According to NGO Hotline for Migrant Workers (Hotline),

some Israeli women were trafficked to Canada and Ireland,

which would make Israel a country of origin as well. The

Task Force on Human Trafficking (TFHT) identified England

and Canada as the destination countries for trafficked

Israeli women. No estimates were available on the number

of Israeli women trafficked to other countries, but we

received no reports to indicate it was more than a few

individuals.

The extent of labor trafficking is disputed, with

government and NGO estimates (and even estimates from

different NGOs) often reaching very different

conclusions. Two of the reasons for these discrepancies

are the problems of locating potential victims (many are

either in private homes as domestic servants or in

isolated areas as agricultural workers) and the

difficulty in soliciting testimony from the workers even

when they are located. TFHT also complained that lack of

enforcement of labor trafficking laws by Israeli

authorities limits collection of reliable data.

The main countries of origin for foreign workers are

China, the Philippines and Thailand, which are likely the

main countries of origin for labor trafficking victims as

well.

Histadrut, the national federation of labor unions,

reported that 50 migrant workers were smuggled into

Israel from Egypt. Histadrut agreed "there is no doubt"

that migrant workers - as well as Israeli workers - were

sometimes deprived of their rights. Nonetheless,

Histadrut maintained that Israel is not a destination

country for trafficked men and women. Histadrut noted

that foreign workers are able to file complaints against

their employers and "attain their full labor rights and

benefits" and differentiated between discrimination

against foreign workers, which they acknowledged, and

trafficking or forced labor. Histadrut reported that 20

foreign workers were trafficked in the past five years -

they did not clarify when within that period the workers

were trafficked - due to debt bondage, withholding of

passports, and other actions resulting in forced labor.

Histadrut noted that they were aware of these individuals

because they came to Histadrut's offices to complain

against their employers.

NGOs have acknowledged that in many cases the workers

fear losing their jobs, and thus their means of paying

TEL AVIV 00000548 003.2 OF 037

back large debts they incurred to secure the job and

travel to Israel. This often prevents labor trafficking

victims from speaking out against their treatment. The

government has pointed out that in many cases the

workers, despite the harsh conditions of their

employment, do not see themselves as victims because they

left even worse conditions and/or wages in their home

country and would not voluntarily leave their job in

Israel. The government has therefore maintained that,

for a variety of reasons, it is difficult to determine

which foreign workers are in fact trafficking victims,

and that while labor trafficking certainly exists in

Israel, it is very problematic to determine its

magnitude.

According to most estimates, very few labor trafficking

victims entered Israel through illegal means. Almost all

labor trafficking victims entered Israel with visas. The

Ministry of Industry, Trade and Labor (MITL) issued

92,344 permits for employment of foreign workers in

various fields. Based on the number of trafficking

victims it assisted in 2007, Hotline estimated that 1.2

percent of migrant workers become labor trafficking

victims - i.e., approximately 1,100 new labor trafficking

victims in 2007.

-- C. Does the trafficking occur within the country's

borders?

Some Israeli women are trafficked internally. Isha

L'Isha noted a "sharp" increase of internally trafficked

women in Israel. According to Hotline, most victims of

labor trafficking entered the country legally and were

later trafficked. In the words of the GOI response,

"Trafficking is not an isolated event occurring at one

specific point of time and place; it is a chain of events

resulting in the trafficking of a person. Some elements

may occur in Israel, while others occur in the origin and

transit countries. In this sense, most of the

trafficking cases include elements committed within

Israel."

-- D. Does it occur in territory outside of the

government's control (e.g. in a civil war situation)?

Isha L'Isha charged that sex trafficking to and from the

Palestinian Authority has been going on for many years,

but said that they were not yet in a position to estimate

the amount.

-- E. Are any estimates or reliable numbers available as

to the extent or magnitude of the problem?

Hotline theorized that sex trafficking of foreign women

decreased and moved underground. Hotline reported that

it assisted 49 women in 2007 who had been trafficked for

sex, but that all had been trafficked before 2007. See

paragraph 2, section B for additional estimates. NGO Kav

LaOved estimated that "at least" several hundred migrant

workers "suffer from working conditions which constitute

TEL AVIV 00000548 004.2 OF 037

slavery" and that "several thousand are subjected to

forced labor."

-- F. What is (are) the source(s) of available

information on trafficking in persons or what plans are

in place (if any) to undertake documentation of

trafficking?

There is no comprehensive report on the numbers,

demographics or circumstances of labor trafficking

victims, nor is any currently planned by the GOI, NGOs or

IOs, to the best of our knowledge. Sources include

government and NGO estimates, media reports (also

estimates), and data from organizations like the Maagan

shelter's annual report on the number of victims they

assisted, although such data does not include

undocumented cases. NGO Machon Toda'a collected most of

its information through contact via the internet. The

government reported that the Intelligence Department of

the Israeli Police conducted routine surveys, reports and

analysis of trafficking, and that the Commissioner of

Police and the Minister of Public Security received

monthly reports on police activity in trafficking and

related offenses. Hotline reported that police stopped

conducting brothel raids and consequently no arrests of

traffickers and little or no contact with victims by

Hotline.

-- G. How reliable are the numbers and these sources?

The sources are reliable, but the numbers are often

estimates and therefore vary greatly, particularly in the

case of labor trafficking.

-- H. Are certain groups of persons more at risk of being

trafficked (e.g. women and children, boys versus girls,

certain ethnic groups, refugees, etc.)?

For internal trafficking, Israeli women from the lower

socio-economic strata, often immigrants from the FSU,

minors, and drug addicts are most at risk, according to

the government. TFHT added women with a history of

sexual abuse. For international trafficking, women age

18-35 from the FSU are at highest risk for sex

trafficking, while workers from China (often construction

workers), Thailand (often agricultural workers) and the

Philippines (often domestic servants) constitute the

largest groups of alleged labor trafficking victims. Kav

LaOved identified female caregivers as the highest risk

group for labor trafficking (especially those from Nepal

and Sri Lanka due to languages issues) as well as Thai

agricultural workers. Individuals with limited or no

English skills are at higher risk for both sex and labor

trafficking, and foreign workers who paid large fees to

secure their jobs (Chinese workers reportedly paid the

highest of fees of all foreign workers) are at higher

risk for labor trafficking. The government reported that

Thai agricultural workers are highly vulnerable due to

their isolated places of work, lack of Hebrew language

skills, and their cultural background. Hotline and Kav

TEL AVIV 00000548 005.2 OF 037

LaOved alleged that Turkish workers employed under the

"Tanks for Turks" agreement were also at risk, as the

agreement between the GOI and GOT (according to Kav

LaOved, salaries were transferred directly to Turkey and

deducted from the reciprocal purchase to which the GOI

was obligated in the arrangement) bound the workers to

the contracted company and left them open to abuse and

exploitation. Although there are no reports of

trafficking of African asylum seekers in 2007, the

growing number of African asylum seekers who entered

Israel illegally - their population increased from a few

hundred in late 2006 to several thousand by the end of

2007 - and the desperate circumstances many of them now

find themselves in suggest that they constitute an at

risk group for future trafficking.

3. Responses to questions in paragraph 27, section B of

instructions cable. (Reftel A)

-- A. Please provide a general overview of the

trafficking situation in the country and any changes

since the last TIP Report (e.g. changes in direction).

The nature of sex trafficking in Israel is in flux. The

tougher laws and increased investigations and

prosecutions against sex traffickers have greatly reduced

the number of women trafficked into Israel from years

past. The sex industry is adapting, both in going

underground (call girls vs. brothels) making it harder to

locate and interdict, and by procuring victims with new

methods -- such as internet advertising -- and from new

locations. One clear trend seems to be an increase in

internal trafficking, a concern echoed by, among others,

the National Investigator's Office of the Israel Police

and NGO Isha L'Isha Haifa Feminist Center. There were

also reports of a small number of Israeli women

trafficked to other countries. While the overall problem

of trafficking for the purposes of prostitution remains

smaller than in the past, both the government and NGOs

expressed concern about keeping ahead of the traffickers,

and are working together to assess and respond to the

situation.

In labor trafficking, Kav LaOved reported an increase of

foreign workers exploited by the use of "flying visas,"

particularly in the caregiver sector, that they believe

left increasing numbers of migrant workers subject to

debt bondage. (See paragraph 3 section F for further

reporting on this phenomena.) Kav LaOved also reported a

rise in "open visas" leading to debt bondage. In this

practice, employers and recruitment agents with permits

to employ caregivers charge workers large amounts of

money to register their names on the employer's permit.

According to Kav LaOved, this enables the worker to work

elsewhere without a permit, while ostensibly employed

with a valid work permit, and the workers are defrauded

into thinking this practice is legal and/or necessary.

Kav LaOved also reported an "alarming" increase in the

practice of employers or manpower agencies attempting to

remove migrant workers from Israel forcefully by threats,

TEL AVIV 00000548 006.2 OF 037

intimidation and deceit. According to Kav LaOved,

employers have become aware that workers are reporting

these practices to the NGO, and are confiscating cell

phones, restricting movement, and threatening the workers

to prevent them from contacting Kav LaOved (or other

organizations) to voice their complaints.

Changes in direction included the following.

On January 10, 2007 the inter-agency Committee of

Directors General approved a National Plan regarding the

Battle against Slavery and Trafficking in Persons for the

Purposes of Slavery or Forced Labor. The plan identified

five actions as the highest priorities as this stage, and

appointed teams to design steps to implement them.

(1) In the realm of prevention, to undertake

information campaigns in the countries of origin of

foreign workers in order to equip them with basic

information about their conditions of employment and

rights.

(2) In the realm of prosecution, to coordinate a

clear division of labor among the law enforcement

agencies in regard to investigation and prosecution

of regulatory offenses versus criminal law offenses

like trafficking and slavery.

(3) In the realm of prosecution, to design a guide

by which to identify victims of trafficking and

slavery (otherwise known as a national referral

mechanism) to be used at relevant crossroads.

(4) In the realm of protection, to establish

supportive frameworks and an array of services for

victims of trafficking and slavery, including

residence solutions and medical insurance.

(5) In the realm of protection, to promote safe

return of victims of trafficking and slavery to

their countries of origin.

On July 11, 2007 the Committee of Directors General

approved a National Plan regarding the Battle against

Trafficking in Persons for the Purpose of Prostitution.

The committee identified five goals as the highest

priorities at this stage, and appointed inter-ministerial

teams to design steps to implement them.

(1) In the realm of prevention, to strengthen

supervision of the Egyptian border.

(2) In the realm of prosecution, to encourage

awareness of possible changes in patterns of

criminal activity and act accordingly.

(3) In the realm of protection, to fashion a tool

kit to facilitate the identification of victims of

trafficking.

TEL AVIV 00000548 007.2 OF 037

(4) In the realm of protection, to promote the safe

return of victims of trafficking to their countries

of origin.

(5) In the realm of protection, to make efforts to

ensure medical treatment to all victims of

trafficking who have legal status in Israel.

On December 2, 2007, Government Resolution 2670 approved

the National Plan to Combat Trafficking for Prostitution

and the National Plan to Combat Trafficking for Labor;

approved the establishment of a shelter and three

apartments for victims of slavery and trafficking for

slavery and forced labor; and approved an annual national

award for individuals and organizations or offices that

made "outstanding contributions to the battle against

trafficking."

In June 2007, detailed guidelines concerning trafficking

in persons were issued by the Investigations and

Intelligence Division of the Israeli Police dealing with

treatment of trafficking offenses, including distribution

of areas of responsibility between police units and

treatment of related offenses.

Following a series of inter-agency meetings chaired by

the National Coordinator to Combat Trafficking in Persons

(National Coordinator) a procedure to transfer relevant

information between agencies was developed.

Israel signed and is in the final stages of ratifying the

Optional Protocol to the Convention on the Rights of the

Child, on the Sale of Children, Child Prostitution and

Child Pornography; and the Protocol to Prevent, Suppress

and Punish Trafficking in Persons, especially Women in

Children, supplementing the United Nations Convention

against Transnational Crime.

Israel facilitated an agreement between the International

Organization of Migration (IOM) and Thailand -- a key

country of origin for labor trafficking victims in Israel

-- to supervise the recruitment of Thai workers to Israel

so as to prevent high middleman fees and to "insure

legal, fair and well informed temporary migration to

Israel for work in the agricultural sector." The

agreement sets a maximum recruitment fee of 3,135 NIS,

including medical examinations, exclusive of travel

expenses to Israel. IOM will work with an NGO partner in

Israel and with the Foreign Workers Department of MITL to

implement the program.

The government halted the entry of Nepalese workers in

2007 because Nepal lacked diplomatic representation in

Israel. Kav LaOved noted that the entry of Nepalese

workers has not resumed despite the recent opening of a

Nepalese Embassy.

Various government and police officials participated in

numerous international events related to fight against

trafficking.

TEL AVIV 00000548 008.2 OF 037

Responsibilities for the Omsbudswoman for the Complaints

of Foreign Workers, which served as a clearing house for

complaints of foreign workers in the construction

industry, broadened its responsibilities to include

foreign workers in agriculture and nursing care. The

Omsbudswoman received 243 complaints in 2007, of which

170 were concluded and 73 were still under investigation.

MITL issued a special workers' rights brochure for the

construction industry in English, Russian, Romanian,

Turkish, Thai and Chinese. MITL also began distributing

a brochure -- in Hebrew, English, Chinese, Thai, Russian,

Romanian and Turkish -- setting out general labor rights

of foreign workers in Israel to every foreign workers

upon their arrival to Ben Gurion Airport, and posted the

brochure on its website.

Using a wide variety of sources, the National

Coordinator's office began conducting research into the

political, economic and social conditions of countries of

origin of foreign workers in order to better acquaint

government agencies and NGOs with the attitudes and

perceptions of victims. Reports on China, Ghana and

Eritrea were completed and disseminated to relevant

bodies. A report on Thailand is currently in

preparation.

-- B. (Other items to address may include: What kind of

conditions are the victims trafficked into?

Sex trafficking victims have generally gone underground

with the industry itself, and thus it is difficult to

ascertain their conditions. The government postulated

that "harsh verdicts delivered in cases of trafficking

accompanied by violence increased deterrence among

traffickers and resulted in less violence towards the

women."

Labor trafficking victims, both acknowledged and alleged,

tend to fall into one of two categories -- domestic

servants whose conditions vary greatly from employer to

employer, and agricultural workers who often are crowded

into unsanitary accommodations that might not have even

been constructed for human habitation, sometimes

compelled to work extreme hours with curtailed freedom of

movement (including passports withheld), and in some

cases subjected to violence, physical restraint and/or

sexual harassment.

Examples of individual cases are highlighted in the

individual NGO reports forwarded by email per Reftel C.

-- C. Which populations are targeted by the traffickers?

Women from the FSU remain the most common targets for sex

trafficking, while Chinese construction workers, Thai

agricultural workers and Philippine domestic servants the

most common victims of labor trafficking.

TEL AVIV 00000548 009.2 OF 037

-- D. Who are the traffickers/exploiters? Are they

independent business people? Small or family-based crime

groups? Large international organized crime syndicates?

The government and NGOs agreed that trafficking of women

into Israel for the purpose of prostitution is generally

conducted by organized crime groups. The government

noted that in some cases trafficking was conducted by

families or individuals, while Hotline added as well

"amateur entrepreneurs" such as drivers, brothel managers

and other "on the ground" operatives "looking to make a

quick buck."

Hotline reports that labor traffickers tend to be private

individuals who employ domestic workers or agricultural

workers, plus some manpower agencies, "someone from the

origin country working with Israeli partners" or

"sometimes married to an Israeli or residing in the

country illegally." Histadrut identified "exploiters" as

manpower companies who took large up front fees, or

employers who intimated and abused the workers. The

government reported "no exact statistics" on labor

trafficking, citing the newness of the labor law

amendments that criminalized labor trafficking in October

2006 and the small number of indictments to date (three

in the final stages of approval by the State Attorney's

Office.) Thus far, according to the government, "the

perpetrators have been found to be otherwise normative

Israeli citizens in the field of agriculture."

-- E. What methods are used to approach victims? (Are

they offered lucrative jobs, sold by their families,

approached by friends of friends, etc.?)

According to Hotline, NGOs in the Ukraine report that

women are often recruited for sex trafficking through

friends and newspaper ads. Israeli women who are

trafficked internally reportedly are commonly found via

newspaper and internet ads, or trafficked by a lover,

family member or someone else they know. The government

also reported that newspaper and internet ads in the

countries of origin were the most common form of

recruitment. Labor trafficking victims almost always

come to Israel voluntarily, often seeking out manpower

agencies in search of overseas employment. Kav LaOved

reported that recruitment agents abroad often visit poor

villages and tempt workers with promises of lucrative

employment and good conditions, both of which later turn

out to be false. As an example, Kav LaOved noted that

some Thai agricultural workers take out loans or raise

amounts up to $10,000 for recruitment fees based on

promises of high monthly salaries, only to discover when

they arrive that their low monthly salary does not even

enable them to meet their loan repayments.

-- F. What methods are used to move the victims (e.g.,

are false documents being used?).

Hotline reports that Israeli women trafficked externally

entered the target countries on tourist visas. An

TEL AVIV 00000548 010 OF 037

unknown number of labor trafficking victims enter Israel

via "flying visas" that are work visas for jobs that turn

out to be nonexistent, resulting in the workers -- now

without a source of income, no legal status in Israel,

and presumably large debts accrued in acquiring the non-

existent job and transportation to Israel -- extremely

vulnerable to exploitation. According to the government

and numerous NGOs, most sex trafficking victims were

smuggled across the border with Egypt.

-- G. Are employment, travel, and tourism agencies or

marriage brokers involved with or fronting for

traffickers or crime groups to traffic individuals?

The government reported that it had not found travel

agencies or marriage brokers serving as a front for sex

trafficking or labor trafficking. Machon Toda'a charged

that marriage brokers are used to approach victims, as

are modeling agencies, family and friends. NGOs allege

that employment agencies are often involved in labor

trafficking, both in the overt manner of the "flying

visas" described in answer 3F, and in facilitating

Israeli employers who allegedly withhold passports and

take other actions that would constitute trafficking.

4. Response to questions in paragraph 27, section C of

instructions cable. (Reftel A)

-- A. Which government agencies are involved in anti-

trafficking efforts and which agency, if any, has the

lead?

The national inter-agency coordinator for GOI anti-

trafficking efforts is Rachel Gershuni of the Ministry of

Justice (MOJ). Primary agencies involved in these

efforts include MOJ (the Attorney General, State

Attorney, the Legal Aid Division, and the Tribunal for

Detention Review, in addition to the National

Coordinator); the Ministry of the Interior (Interior);

The Ministry of Social Affairs and Social Services; The

Prime Minister's Office (PMO) (particularly the Authority

for the Advancement of Women); The Ministry of Education;

The Ministry of Foreign Affairs (MFA); The National

Police Investigations Unit; The Immigration Authority

(and Immigration Police); MITL; The Prison Administrative

Tribunal; and the Knesset (notably the Special

Parliamentary Committee on the issue of Foreign Workers.)

5. Responses to questions in paragraph 27, section D of

instructions cable. (Reftel A)

A. What are the limitations on the government's ability

to address this problem in practice? For example, is

funding for police or other institutions inadequate?

While praising the National Coordinator's efforts, TFHT

observed that her office was understaffed and

overburdened and this prevented the completion of certain

functions, often resulting in "a bottleneck." Some

funding issues hamper efforts. MITL has only 1

TEL AVIV 00000548 011 OF 037

investigator for 350 manpower companies. TFHT complained

that police did not commit sufficient manpower to combat

trafficking, and said that police are not permitted to

execute sting operations by order of MOJ. Isha L'Isha,

however, said that trafficking in women is successfully

investigated in the Tel Aviv central unit and "it can be

seen that state resources are allocated to this unit" but

that "central units in the periphery rarely treat the

issue of trafficking in women." Labor trafficking

victims still lack a shelter. NGOs complain of lack of

interpreters at deportation hearings. The problem is not

a lack of resources, but with many competing security and

other demands, a question of allocation.

In labor trafficking specifically, Kav LaOved complained

of "indifference, lack of good will, and bureaucracy,"

noting for example that the government funds more than

400 policeman to apprehend and deport undocumented

migrant workers, but "only a handful" of policemen to

deal with the protection of migrant workers' rights and

investigate criminal offenses committed against migrant

workers. Kav LaOved complained of lack of coordination

among Israeli authorities when it comes to labor

trafficking, and an unwillingness to acknowledge offenses

symptomatic of trafficking (notably excessive recruitment

fees.) Another problem, according to Kav LaOved, is that

the National Coordinator only has an advisory roles and

lacks essential powers, such as the ability to halt the

deportation of a suspected trafficking victim. Kav

LaOved cited a number of other problems, such as lack of

screening of deportees for trafficking victims prior to

deportation, an insufficient number of translators, and

the lack of a shelter for labor trafficking victims. Kav

LaOved singled out Interior as the source of "most of the

problems" they encounter, and complained that the

ministry was unresponsive to complaints, lacked

sensitivity to the issues or the victims, failed to

identify victims, and was reluctant to take actions it is

authorized to take to combat trafficking, such as issuing

visas to victims.

B. Is overall corruption a problem?

No.

C. Does the government lack the resources to aid victims?

No.

6. Response to questions in paragraph 27, section E of

instructions cable. (Reftel A)

-- A. To what extent does the government systematically

monitor its anti-trafficking efforts (on all fronts -

prosecution, victim protection, and prevention) and

periodically make available, publicly or privately and

directly or through regional/international organizations,

its assessments of these anti-trafficking efforts?

The government reported that the National Coordinator

TEL AVIV 00000548 012 OF 037

attempts to monitor the efforts of government agencies

"on micro and macro levels" to "identify problems and

seek solutions," and cited inter-agency meetings she

convened and meetings between NGOs and government

officials she initiated. The government explained that

the National Coordinator annually prepares a summary of

the government's steps to combat trafficking that is

placed on the MOJ website and advertised to the public.

A special internet site for the office of the National

Coordinator is in final stages of preparation. The

Department of International Agreements and Litigation in

MOJ submits an annual report to the State Department,

which is then disseminated among key government

officials. The Parliamentary Subcommittee of Trafficking

in Women chaired by MK Zehava Gal-On (a subcommittee of

the Committee on the Status of Women) held its annual

session following the publication of the State

Department's Trafficking in Persons Report to discuss the

issues raised in the report, and Ambassador Jones gave

remarks at the event and participated in the discussion.

As usual, the Special Parliamentary Committee on the

issue of Foreign Workers, chaired by MK Ran Cohen, teamed

with the Parliamentary Subcommittee of Trafficking in

Women for the meeting on the State Department's TIP

Report.

Hotline described GOI efforts as "poor" and said "we are

usually the ones providing information." Isha L'Isha

described the government's monitoring efforts as "not

acceptable" and that ministries are not helping to

implement the "new law" (2006 amendments to the

trafficking law) and the situation is "now

deteriorating." Machon Toda'a noted that "the internet

domain is fenceless" and is now the main platform of the

sex industry worldwide and in Israel, and argued the need

for education and awareness campaigns on the virtual sex

industry.

--------------------------------------------

Investigation and prosecution of traffickers

--------------------------------------------

7. Response to questions in paragraph 28, section A of

instructions cable. (Reftel A)

-- A. For questions A-D, posts should highlight in

particular whether or not the country has enacted any new

legislation since the last TIP report.

In August 2007 an amendment to the Criminal Procedure Law

(Consolidated Version) 5742-1982 was passed by which the

courts are empowered to receive a psychosocial survey of

the condition of a victim of a crime of violence and of

the damage caused by the crime. "Crime of violence"

includes all trafficking crimes, abduction for the

purposes of trafficking, holding a person under

conditions of slavery, forced labor, causing a person to

leave the country in order to engage them in prostitution

or enslave them.

TEL AVIV 00000548 013 OF 037

In hopes of expediting cases, the Knesset approved an

amendment to the Courts Law on January 29, 2008 that

entered into force on February 7, 2008 by which

trafficking for prostitution case will be heard by one

judge instead of a bench of three judges, as was the case

previously. The amendment is entitled Courts Law

(Amendment number 48) (a Sole Judge in Trafficking in

Persons for Prostitution).

-- B. Does the country have a law specifically

prohibiting trafficking in persons--both for sexual and

non-sexual purposes (e.g. forced labor)?

Yes.

-- C. If so, please specifically cite the name of the law

and its date of enactment and provide the exact language

of the law prohibiting TIP and all other law(s) used to

prosecute TIP cases.

The comprehensive anti-trafficking law entitled

Prohibition of Trafficking in Persons (Legislative

Amendments) Law 5766-2006 came into force on

October 29, 2006.

-- The courts are authorized to hold trials involving

trafficking in persons behind closed doors and to prevent

the publication of details that identify the victims.

Additional details sent to G/TIP via email per Reftel C.

-- D. Does the law(s) cover both internal and external

(transnational) forms of trafficking?

Yes. Hotline, however, charged that while the law does

not make a distinction between internal and external

trafficking, no cases of internal trafficking have ever

been opened.

-- E. If not, under what other laws can traffickers be

prosecuted? For example, are there laws against slavery

or the exploitation of prostitution by means of force,

fraud or coercion?

Not applicable.

-- F. Are these other laws being used in trafficking

cases?

Isha L'Isha cited various laws dealing with extortion,

threats, rape, indecent assault, attempted murder, and

drug trafficking, in addition to the comprehensive sex

and labor trafficking statutes in the trafficking law as

amended in 2006. Kav LaOved noted non-criminal statutes

not specifically enacted for trafficking that allow for

civil penalties, such as national labor laws, tort laws

(particularly provisions on exploitation), and the

Prevention of Sexual Harassment Law (where victims can

receive compensation without proof of damage.)

TEL AVIV 00000548 014 OF 037

-- G. Please provide a full inventory of trafficking

laws, including non-criminal statutes that allow for

civil penalties against alleged trafficking crimes,

(e.g., civil forfeiture laws and laws against illegal

debt).

Additional details sent to G/TIP via email per Reftel C.

8. Response to questions in paragraph 28, section B of

instructions cable. (Reftel A)

-- A. What are the prescribed penalties for trafficking

people for sexual exploitation?

The maximum penalty for trafficking in persons under the

law is 16 years, increasing to 20 years if the victim is

a minor.

The maximum penalty for kidnapping for any of the

purposes of trafficking is 20 years, with a maximum

penalty of 10 years for taking a person outside the

borders of the country in which they reside for the

purposes of trafficking.

The 2006 amendments to the trafficking law increased from

one to three years the penalty for withholding a

passport, increasing to five years with certain

aggravated circumstances, such as placing the person

deprived of their passport in jeopardy.

The trafficking law instructs the court to grant to

trafficking victims compensation to be paid by the

offender or through a dedicated fund to be set up for

such purposes.

-- B. What penalties were imposed for persons convicted

of sexual exploitation over the reporting period? Please

note the number of convicted sex traffickers who received

suspended sentences and the number who received only a

fine as punishment.

Hotline reported that sentences for sex trafficking

convictions ranged from 3 months to 6 years, with an

average of 2.8 years, which Hotline said was a small

decline from 2006. According to Hotline, the courts

awarded legal redress to 8 victims in 6 cases in amounts

ranging from 5,000 NIS to 50,000 NIS, with an average of

31,666 NIS per defendant and 25,626 per victim. TFHT

complained that not enough cases were prosecuted, and

insufficient sentences were handed down when convictions

were achieved. It cited one instance (Case 1130/06 State

of Israel vs. Aleksai Sakhno and Vladimir Abromov,

decision dated September 16, 2007) of "two known

traffickers with a history of trafficking that went

unprosecuted" who were given "a particularly lenient

sentence" of 15 months, and the victims were not awarded

any compensation. Other NGOs also complained about what

they considered the lack of prosecutions and insufficient

sentences in trafficking cases, particularly labor

trafficking, although TFHT noted that "as with any new

TEL AVIV 00000548 015 OF 037

law (regarding the 2006 amendments criminalizing labor

trafficking) the application of the law will be

complicated, requiring some time before law enforcement

and courts are able to efficiently implement it." Isha

L'Isha, however, noted that "penalties (for sex

trafficking) have increased in general."

9. Response to questions in paragraph 28, section C of

instructions cable. (Reftel A)

-- A. Punishment of Labor Trafficking Offenses: What are

the prescribed and imposed penalties for trafficking for

labor exploitation, such as forced or bonded labor and

involuntary servitude?

The prescribed penalty for trafficking for labor is up to

16 years of imprisonment, or up to 20 years of

imprisonment if the offense if committed against a minor.

Trafficking for forced labor carries a penalty of up to 7

years imprisonment. Holding a person under conditions of

slavery carries a penalty of up to 16 years of

imprisonment.

In December 2007 two defendants were convicted or organ

trafficking under the new labor and organ trafficking

sections of the anti-trafficking law. Some of victims'

cases constituted debt bondage. One defendant was

sentenced to four years of imprisonment, an additional

suspended sentence, and 60,000 NIS compensation to be

awarded to the victims. The other defendant was

sentenced to 20 months imprisonment and an additional

suspended sentence.

The National Coordinator stressed that showed that Israel

has internalized a comprehensive view of trafficking and

is determined to enforce the law in all aspects of

trafficking, and that it was a groundbreaking case on an

international level, and cited a number of colleagues

from governments in other countries that called the case

precedent-setting.

-- B. Do the government's laws provide for criminal

punishment - i.e. jail time - for labor recruiters in

labor source countries who engage in recruitment of

laborers using knowingly fraudulent or deceptive offers

that result in workers being trafficked in the

destination country?

Yes, the law carries a penalty of up to 16 years for

labor recruiters, with another possible 10 years for

causing the victim to leave his or her country for the

purposes of prostitution or slavery. Hotline noted that

there is no case law regarding this issue since no

criminal charges have been filed against labor

traffickers. (The government noted the conviction for

organ trafficking was the result of the amendment to the

labor law that included the criminalization of labor

trafficking.) The MITL office responsible for manpower

agencies said it revoked 50 licenses during 2007.

TEL AVIV 00000548 016 OF 037

-- C. Are there laws in destination countries punishing

employers or labor agents in labor destination countries

who confiscate workers' passports or travel documents,

switch contracts without the worker's consent as a means

to keep the worker in a state of service, or withhold

payment of salaries as means of keeping the worker in a

state of service?

Yes, the trafficking law carries a maximum sentence of

three years imprisonment for detaining a passport, up to

five years for detaining a passport for the purposes of

trafficking. The law also carries a penalty of up to

three years of imprisonment for "taking advantage of the

distress, physical or mental weakness, inexperience of

carelessness of another person" which the government said

could be viewed as circumstantial evidence pointing to

trafficking, slavery or forced labor. Hotline noted that

there is no specific law prohibiting switching contracts

as a means to keep the worker in a state of service or

withholding payment for that means, but that if such act

results in keeping a worker in a state of servitude the

offender might be liable for punishment for holding a

person under conditions of slavery under article 375A of

the Penal Code, or for forced labor under article 376 of

the Penal Code. Kav LaOved complained that the

government was "well aware of the existence and the

extent of the industry in recruitment fees" but was not

actively pursuing the issue in Israel or in source

countries. The government has expressed frustration with

such charges, and pointed out their limitations in

investigating and prosecuting cases in source countries

where the activity might not even be criminalized. Kav

LaOved also complained that employers - particularly

farmers, according to their examples - that are given new

permits even after they were found guilty of offenses.

-- D. If law(s) prescribe criminal punishments for these

offenses, what are the actual punishments imposed on

persons convicted of these offenses? Please note the

number of convicted labor traffickers who received

suspended sentences and the number who received only a

fine as punishment.

The government reported 693 criminal indictments, 48

judgments and 11,169,280 NIS in fines against employers

and manpower companies for violations of labor laws

pertaining to foreign workers, plus 37 licenses revoked

and 28 licenses limited. However, the only explicit

labor trafficking-related conviction and sentence was the

organ trafficking case described in paragraph 9 section

A.

10. Response to questions in paragraph 28, section D of

instructions cable. (Reftel A)

-- A. What are the prescribed penalties for rape or

forcible sexual assault?

For rape, 16 years, 20 years under aggravated

circumstances, including use of violence or rape of a

TEL AVIV 00000548 017 OF 037

minor. For consensual sex with a minor, up to 5 years.

-- B. How do they compare to the prescribed penalties for

crimes of trafficking for commercial sexual exploitation?

The penalty for rape carries the same penalty as

trafficking for the purposes of prostitution, although

TFHT noted that the letter of the law is stricter with

respect to sex trafficking.

11. Response to questions in paragraph 28, section E of

instructions cable. (Reftel A)

-- A. Is prostitution legalized or decriminalized?

Specifically, are the activities of the prostitute

criminalized?

The activities of the prostitute are not criminalized,

nor currently is soliciting a prostitute except when a

minor is involved. Related activities such as

maintaining a place for the purpose of prostitution,

pimping, and publication of sex advertisements (under

certain circumstances) are criminalized.

-- B. Are the activities of the brothel owner/operator,

clients, pimps, and enforcers criminalized?

Yes. See previous answer.

-- C. Are these laws enforced?

Yes, according to the government. TFHT complained that

the laws against related activities are rarely

prosecuted. Hotline said the laws are rarely enforced

due to directives issued by the State Attorney in 2006

that specified cases should be investigated by the police

only if one of a set of conditions applied, such as the

involvement of minors or when other criminal activities

took place.

-- D. If prostitution is legal and regulated, what is the

legal minimum age for this activity? Note that in many

countries with federalist systems, prostitution laws may

be under state or local jurisdiction and may differ among

jurisdictions.

Prostitution is not considered legal.

12. Response to questions in paragraph 28, section F of

instructions cable. (Reftel A)

-- A. Has the government prosecuted any cases against

human trafficking offenders? If so, provide numbers of

investigations, prosecutions, convictions, and sentences

served, including details on plea bargains and fines, if

relevant and available.

The courts prosecuted 20 sex trafficking cases. Some of

the 84 pandering cases that were prosecuted were

originally trafficking cases that were adjusted due to

TEL AVIV 00000548 018 OF 037

lack of evidence. Kav LaOved noted that minutes of a

December 26, 2007 government joint committee meeting of

Knesset Committee for the Problem of Migrant Workers and

the Committee for the Struggle against Trafficking in

Women showed that the Immigration Department at the

Ministry for Public Security reported that three

indictments have been prepared concerning forced labor,

and one indictment concerning slavery, and that one of

the indictments has been filed in court. No further

information is available at this time on these reported

indictments.

-- B. Please indicate which laws were used to

investigate, prosecute, convict, and sentence

traffickers.

The Prohibition of Trafficking in Persons law.

-- C. Also, if possible, please disaggregate by type of

TIP (labor vs. commercial sexual exploitation) and

victims (children, as defined by U.S. and international

law as under 18 years of age, vs. adults).

Except for the organ trafficking case reported

previously, all trafficking cases were prosecuted for sex

trafficking. There were no labor trafficking cases,

although the government did fine and indict employers for

various labor law offenses. We do not have a breakdown

of how many involved minors. Isha L'Isha noted that "the

difficulties of implementing the new law are mainly due

to its innovative concepts that regard every human being

as entitled to dignity, and it is hard to implement it in

several ministries."

-- D. Does the government in a labor source country

criminally prosecute labor recruiters who recruit

laborers using knowingly fraudulent or deceptive offers

or impose on recruited laborers inappropriately high or

illegal fees or commissions that create a debt bondage

condition for the laborer?

Not applicable.

-- E. Does the government in a labor destination country

criminally prosecute employers or labor agents who

confiscate workers' passports/travel documents, switch

contracts or terms of employment without the worker's

consent, use physical or sexual abuse or the threat of

such abuse to keep workers in a state of service, or

withhold payment of salaries as a means to keep workers

in a state of service?

The government has the authority to do so under the

comprehensive anti-trafficking law, but all reported

judgments against employers and labor agents were under

labor laws, except for the organ trafficking case. Post

forwarded by email per Reftel C information Kav LaOved

provided on a number of cases that it alleged were

examples of the government's failure to respond to labor

trafficking.

TEL AVIV 00000548 019 OF 037

-- F. Are the traffickers serving the time sentenced? If

not, why not?

The government reported that all are serving their

sentences, except those who fled justice. Hotline

reported that as far as they knew all convicted sex

traffickers were serving the time sentenced.

-- G. Please indicate whether the government can provide

this information, and if not, why not?

See previous answer.

13. Response to questions in paragraph 28, section G of

instructions cable. (Reftel A)

-- A. Does the government provide any specialized

training for government officials in how to recognize,

investigate, and prosecute instances of trafficking?

Specify whether NGOs, international organizations, and/or

the USG provide specialized training for host government

officials.

Yes, many in concert with NGOs. Details forwarded by

email per Reftel C.

14. Response to questions in paragraph 28, section H of

instructions cable. (Reftel A)

--A. Does the government cooperate with other governments

in the investigation and prosecution of trafficking

cases?

Yes, the government cooperated with authorities from

Russia, Ukraine, and other Western European and FSU

countries, in cases involving both international and

Israeli traffickers. Hotline agreed that when a

trafficked woman claimed it was dangerous for her to

return to her home country, Israeli police cooperated

with local police to investigate. Hotline noted that the

bilateral agreement the government signed with Thailand

whereby IOM will facilitate the recruitment of Thai

workers has yet to take effect, so it is not yet known

what effect that might have on investigations and

prosecutions of labor trafficking cases. Kav LaOved

noted that the Government passed a decision that as of

August 2008 migrant workers will only be brought into

Israel from countries with which Israel has bilateral

relations.

-- B. If possible, can post provide the number of

cooperative international investigations on trafficking

during the reporting period?

No specific number was reported.

15. Response to questions in paragraph 28, section I of

instructions cable. (Reftel A)

TEL AVIV 00000548 020 OF 037

-- A. Does the government extradite persons who are

charged with trafficking in other countries?

Yes.

-- B. If so, can post provide the number of traffickers

extradited during the reporting period?

No specific number was reported. The government cited as

an example an October 2007 request to Ukraine for the

provisional arrest of an Israeli national to stand trial

for organ trafficking.

-- C. Does the government extradite its own nationals

charged with such offenses?

Yes, according to Israel's Extradition Law 5714-1954, the

government may extradite Israeli nationals charged with

trafficking for a number or purposes, including

prostitution and forced labor. Two requests, one from

Ukraine and one from Panama, are pending.

-- D. If not, is the government prohibited by law form

extraditing its own nationals?

Not applicable.

-- E. If so, what is the government doing to modify its

laws to permit the extradition of its own nationals?

Not applicable.

16. Response to questions in paragraph 28, section J of

instructions cable. (Reftel A)

-- A. Is there evidence of government involvement in or

tolerance of trafficking, on a local or institutional

level? If so, please explain in detail.

The government stated that its authorities unequivocally

condemn all forms of trafficking. Several NGOs expressed

a desire for greater anti-trafficking efforts and

investment (especially in services to victims), Hotline

reported that a brothel was on the municipal records of

one city (that sued the brothel for non payment of

taxes), and Kav LaOved raised questions about the

government's policy toward Eritrean asylum seekers (a

number of whom were placed in work situations within

Israel) but we received no reports indicating government

involvement in or tolerance of trafficking.

17. Response to questions in paragraph 28, section K of

instructions cable. (Reftel A)

-- A. If government officials are involved in

trafficking, what steps has the government taken to end

such participation?

For the past seven years, the Department for

Investigation of Police Officers, an autonomous body with

TEL AVIV 00000548 021 OF 037

the Ministry of Justice, has been operating a unit

investigations and undercover activity to uncover any

involvement by government officials in trafficking-

related corruption.

-- B. Please indicate the number of government officials

investigated and prosecuted for involvement in

trafficking or trafficking-related corruption during the

reporting period.

A few cases of improper activity, such as mistreatment of

foreign workers, were investigated, and some were

prosecuted. The government reported no cases of

trafficking involving government officials.

-- C. Have any been convicted? What sentence(s) was

imposed? Please specify if officials received suspended

sentences, were given a fine, fired, or reassigned to

another position within the government as punishment.

Please provide specific numbers, if available. Please

indicate the number of convicted officials that received

suspended sentences or received only a fine as

punishment.

Not applicable.

18. Response to questions in paragraph 28, section L of

instructions cable. (Reftel A)

-- A. As part of the new requirements of the 2005 TVPRA,

for countries that contribute troops to international

peacekeeping efforts, please indicate whether the

government vigorously investigated, prosecuted, convicted

and sentenced nationals of the country deployed abroad as

part of a peacekeeping or other similar mission who

engage in or facilitate severe forms of trafficking or

who exploit victims of such trafficking.

Not applicable.

19. Response to questions in paragraph 28, section M of

instructions cable. (Reftel A)

-- A. If the country has an identified child sex tourism

problem (as source or destination), how many foreign

pedophiles has the government prosecuted or

deported/extradited to their country of origin? What are

the countries of origin for sex tourists?

Not applicable.

-- B. Do the country's child sexual abuse laws have

extraterritorial coverage (similar to the U.S. PROTECT

Act)?

Yes.

-- C. If so, how many of the country's nationals have

been prosecuted and/or convicted under the

extraterritorial provision(s) for traveling to other

TEL AVIV 00000548 022 OF 037

countries to engage in child sex tourism?

None were reported.

------------------------------------

PROTECTION AND ASSISTANCE TO VICTIMS

------------------------------------

20. Response to questions in paragraph 29, section A of

instructions cable. (Reftel A)

-- A. Does the government assist foreign trafficking

victims, for example, by providing temporary to permanent

residency status, or other relief from deportation? If

so, please explain.

The government reported that all trafficking victims in

the Maagan shelter received temporary shelters, plus work

visas if requested, whether they chose to testify or not.

Women who chose to testify received a visa for the

duration of the court proceedings, which have taken a

year on average. After the legal proceedings are

concluded, the women who choose to testify are entitled

to request a temporary visa for another year, though in

special circumstances the period may be longer or

shorter. In 2007, 15 women received a visa (equivalent

to a U.S. B1 visa) for 6 months, 25 women received an

extension of their visa following their testimony, 13

women receive an "inter-visa" allowing its holder to

leave the country and return with a designated time

during their testimonies, and 40 women received 1-year

visas for humanitarian reasons.

A written procedure for giving visas to victims of labor

trafficking and slavery is still in process. Interior

granted 6 victims 1-year visa extensions.

According to the government, foreign workers who file

complaints regarding criminal offenses are not arrested,

are generally placed in alternative employment, and are

released with a special Immigration Authority document

that is renewed monthly.

Isha L'Isha complained that women victims of trafficking

are entitled to their rights only if they are in the

Maagan shelter, and that women outside of the shelter

face great difficulty in obtaining visas to remain in

Israel. They said that in two cases Interior did not

approve the transfer of women from a detention center to

the shelter until the clarification of their legal case,

and that "this went on for eight months." According to

Isha L'Isha, women who do not testify and mothers who

cannot leave Israel because of their children and do not

receive legal status in Israel encountered problems in

receiving services and benefits.

21. Response to questions in paragraph 29, section B of

instructions cable. (Reftel A)

-- A. Does the country have victim care facilities which

TEL AVIV 00000548 023 OF 037

are accessible to trafficking victims?

Yes. Women identified as sex trafficking victims were

transferred directly to the Maagan shelter without

passing through any detention facilities. The police,

Immigration Authority and NGOs all referred victims to

the shelter.

Besides the director and administrative staff, the

shelter includes three social workers, nine counselors, a

housemother, and a security officer. A physician visits

twice weekly, a psychiatrist visits when deemed

necessary, teachers provide what the government called

"enrichment" sessions, and numerous volunteers contribute

their time.

The women in the shelter are entitled to a working visa,

and shelter staff assist them in finding employment.

Professional training in fields such as computers,

English, cosmetics and hairdressing are offered. The

shelter also offered recreational options such as a

library, film club, activities such as music and sewing,

and two sightseeing trips in Israel, and personal

enrichment activities such as a motherhood workshop.

Isha L'Isha complained that the government does not fund

any treatment for trafficking victims who are outside of

the shelter.

-- B. Do foreign victims have the same access to care as

domestic trafficking victims?

The complaint among NGOs is the lack of facilities for

domestic trafficking victims, not the other way around.

Isha L'Isha charged that domestic trafficking victims are

not receiving treatment at all and "are forced to hide

their identity." The NGO also said that foreign victims

outside the shelter to no receive any medical treatment

or services from the Welfare Department.

According to the government, "no need for victims care

for Israel trafficking victims has been detected to this

date." Foreign victims who are in detention facilities

rather than the shelter (according to the government,

they are either "not identified as victims" or "do not

wish to go to the shelter") are provided with basic

necessities and medical care by the facilities of the

Immigration Administration and the Israel Prisons

Services. Victims who received visas, no longer reside

in the shelter, and are employed receive medical

insurance provided by their employer according to the

Foreign Workers Law. Legal aid is provided to every

trafficking victim, regardless of residence, through the

Legal Aid Department in MOJ.

Israel currently has no shelter specifically for labor

trafficking victims. In 2007, seven labor trafficking

victims were referred to the Maagan shelter. Government

Resolution 2670, passed December 2, 2007, approved a

budget for the establishment of a shelter and three

TEL AVIV 00000548 024 OF 037

apartments for victims of slavery and trafficking for

slavery and forced labor. The government acknowledged

and is studying the different needs that will need to be

addressed at the labor trafficking shelter as opposed to

the Maagan shelter for sex trafficking victims.

-- C. Does the country have specialized facilities

dedicated to helping victims of trafficking?

Yes, the shelter and services described in paragraph 21

section A.

-- D. If so, can post provide the number of victims

placed in these care facilities during the reporting

period?

During 2007, 75 women and nine children resided in the

shelter, with an average stay of six months. 42 women

and seven children were residing in the shelter as of

February 2008. The shelter has a capacity of 50 women.

-- E. What is the funding source of these facilities?

The Ministry of Social Affairs and Social Services

provided funding for the operation of the Maagan shelter,

the Ministry of Public Security provided funding for

security, and the Ministry of Health provided funding for

medical care.

-- F. Please estimate the amount the government spent (in

U.S. dollar equivalent) on these specialized facilities

dedicated to helping trafficking victims during the

reporting period.

The budget for Maagan shelter was $1,030,000 for

operations, $277,000 for security, and $100,000 for

medical care, a total of $1,407,000.

-- G. Does the government provide trafficking victims

with access to legal, medical and psychological services?

If so, please specify the kind of assistance provided,

and the number of victims assisted, if available.

Yes, as described above. The government reported that

ten women at Maagan shelter received psychiatric

treatment in 2007, 73 medical cases were referred to

Ichilov Hospital "mostly for gynecological reasons," and

that 94 percent of the women referred to the shelter

receive legal aid. Also as reported above, NGOs complain

that these services are not made available to internal

trafficking victims or victims residing outside the

Maagan shelter.

Hotline reported one case where a women coming out of the

hospital and in need of round-the-clock assistance was

denied entry to the Maagan shelter because it could not

provide her with appropriate care, and Hotline was asked

to find another alternative "within a few hours."

22. Response to questions in paragraph 29, section C of

TEL AVIV 00000548 025 OF 037

instructions cable. (Reftel A)

-- A. Does the government provide funding or other forms

of support to foreign or domestic NGOs and/or

international organizations for services to trafficking

victims? Please explain and provide any funding amounts

in U.S. dollar equivalent. If assistance provided is in-

kind, please specify exact assistance. Please explain if

funding for assistance comes from a federal budget or

from regional or local governments.

The government cooperates with domestic NGOs providing

services to victims, but no government funding was

provided to the NGOs. According to the government, the

Immigration Authority, in cooperation with local NGOs,

provided funding to trafficking victims and foreign

workers and family members who wanted to leave Israel but

could not afford to pay for the flights.

23. Response to questions in paragraph 29, section D of

instructions cable. (Reftel A)

-- A. Do the government's law enforcement, immigration,

and social services personnel have a formal system of

proactively identifying victims of trafficking among

high-risk persons with whom they come in contact (e.g.,

foreign persons arrested for prostitution or immigration

violations)?

For sex trafficking, the Immigration Authority circulated

checklists/guidelines and provided training to field

operatives and detention facilities officials on

identifying and locating victims of trafficking. The

government reported that referrals from NGOs such as

Hotline and Isha L'Isha were considered part of the basic

screening procedures.

For labor trafficking, Immigration Administration teams

met with foreign workers on a daily basis to inform them

of their rights and question them to identify any

trafficking victims, according to the government. The

information relayed to the workers was developed for

trafficking guidelines circulated by the government in

2007, which included information on terms of employment

(conveyed to both employer and employee, on issues such

as the employment contract, medical insurance, working

hours, pay, debt bondage, safety conditions, and

residence facilities) and denial of freedom (on issues

such as debt bondage, withholding of passports, access to

telephones, and the use of physical and verbal violence

against employees.)

Isha L'Isha noted disagreements regarding who constitutes

a trafficking victim. According to Hotline, the

Administrative Tribunal that oversees the cases of

foreigners detained prior to deportation is a

"particularly weak link" with trafficking case

"continually ... unidentified by the judges."

-- B. What is the number of victims identified during the

TEL AVIV 00000548 026 OF 037

reporting period?

No information was provided on this question.

-- C. Has the government developed and implemented a

referral process to transfer victims detained, arrested

or placed in protective custody by law enforcement

authorities to institutions that provide short-or long-

term care?

As reported in paragraph 21 section A, women who prima

facie seem to be sex trafficking victims are referred to

Maagan shelter without passing through detention

facilities. Foreign workers who are detained are

interviewed by a police officer and entitled to a hearing

before a representative of Interior. NGO representative

are also given access to detention facilities where they

can assist foreign workers, and can be present at

tribunal hearings with the worker's approval.

-- D. How many victims were referred for assistance by

law enforcement authorities during the reporting period?

No information was provided on this question.

24. Response to questions in paragraph 29, section E of

instructions cable. (Reftel A)

A. For countries with legalized prostitution: does the

government have a mechanism for screening for trafficking

victims among persons involved in the legal/regulated

commercial sex trade?

While the act of prostitution is not criminalized,

prostitution is not legalized in Israel.

25. Response to questions in paragraph 29, section F of

instructions cable. (Reftel A)

-- A. Are the rights of victims respected?

The rights of victims are generally respected, although

complaints persist. NGOs have issues with perceived

barriers to accessing certain rights -- notably language

problems - and Hotline argued that sex trafficking

victims face difficulties with the legal system in

receiving legal redress, although it was not clear if

that was an issue for trafficking victims or an aspect of

the Israeli legal system for legal redress generally.

But NGO complaints about denial of rights focus on

individuals they consider to be labor trafficking

victims, but have not been so identified by the

government. Hotline noted one example where they said

they were "forced to submit a legal petition" each of the

seven times they requested a visa for a labor trafficking

"survivor," but did not clarify if and how that differed

from a normal visa application process.

-- B. Are trafficking victims detained or jailed?

TEL AVIV 00000548 027 OF 037

The government does not detain or jail individuals who

have been identified as trafficking victims. The benefit

of the doubt is generally given to possible sex

trafficking victims, and we have no reported complaints

of such individuals being classified as criminals in

2007. NGOs do complain that labor trafficking victims

are often not identified as such by the government.

Foreign workers residing in Israel illegally are detained

in facilities separated from criminal detainees.

-- C. If detained or jailed, for how long?

Victims who are to be deported can be detained until

deportation.

-- D. Are victims fined?

No.

-- E. Are victims prosecuted for violations of other

laws, such as those governing immigration or

prostitution?

No. Isha L'Isha reported one case where a victim was

jailed for armed robbery and false documents, received

treatment from the Welfare Department, and is now

rehabilitating.

26. Response to questions in paragraph 29, section G of

instructions cable. (Reftel A)

-- A. Does the government encourage victims to assist in

the investigation and prosecution of trafficking?

Yes, in sex trafficking cases. It is unclear in labor

trafficking cases, due to the small number of labor

trafficking victims that the government identified.

Legal aid did assist 12 victims of labor trafficking in

10 lawsuits.

-- B. How many victims assisted in the investigation and

prosecution of traffickers during the reporting period?

The government reported that 12 of the 34 women directed

to the shelter during 2007 refused to testify, 12 agreed

but were eventually not required to do so, five are

awaiting testimony, 1 concluded her testimony, and 3 left

the shelter before their testimony was given.

-- C. May victims file civil suits or seek legal action

against traffickers?

Yes. Victims may also initiate petitions to the High

Court of Justice against government agencies, if they so

choose.

-- D. Does anyone impede victim access to such legal

redress?

There are NGO complaints about victims' lack of knowledge

TEL AVIV 00000548 028 OF 037

of the law, lack of representation, lack of

identification as a victim, low redress awards, and

difficulties in collecting from the traffickers redress

awarded by the courts. But while Isha L'Isha complained

of what they called a "Kafkaesque" Interior policy

regarding trafficking victims, and Kav LaOved voiced

concerns that threats from traffickers intimidated some

victims from seeking redress, there were no reports of

any government action to intentionally impede access to

legal redress.

-- E. 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?

Yes. NGOs note that other employment can be difficult to

find, but agreed that the government provided the option

to do so.

-- F. Are there means by which a victim may obtain

restitution?

There is no victim restitution program other than the

right to file civil and administrative lawsuits, and

court awarded compensation in criminal cases.

27. Response to questions in paragraph 29, section H of

instructions cable. (Reftel A)

-- A. What kind of protection is the government able to

provide for victims and witnesses? Does it provide these

protections in practice?

There is currently no working witness protection program.

On February 10, 2008 the Ministerial Committee on

Legislation and Law Enforcement approved a bill entitle

"The Witness Protection Program Law" aimed at creating a

basis for establishing the Authority for the Protection

of Witness in Israel in the Ministry of Public Security.

Along with its other roles, the Maagan shelter provided

protection for sex trafficking victims who were

testifying against their traffickers. The shelter also

operates the "Safe Return" project through contact with

NGOs in origin countries.

Police Intelligence, with the assistance of Interpol and

the Israeli Police delegate abroad, prepare risk

assessments when presented with evidence of danger to a

trafficking victim.

-- B. What type of shelter or services does the

government provide?

Answered in previous questions regarding the Maagan

shelter.

-- C. Are these services provided directly by the

government or are they provided by NGOs or IOs funded by

TEL AVIV 00000548 029 OF 037

host government grants?

The services associated with the government are provided

directly by the government. There is no funding of NGOs

or IOs by host government grants for services to

trafficking victims.

-- D. Does the government provide shelter or housing

benefits to victims or other resources to aid the victims

in rebuilding their lives?

Answered previously.

-- E. Where are child victims placed (e.g., in shelters,

foster care, or juvenile justice detention centers)?

Israel has not identified a problem in sex trafficking of

minors. Children of trafficking victims are housed in

the same facilities as their mother, such as the Maagan

shelter.

-- F. What is the number of victims assisted by

government-funded assistance programs during the

reporting period?

No information provided, other than the 75 women and nine

children who received services in the Maagan shelter

during 2007.

-- G. What is the number of victims assisted by non

government-funded assistance programs?

Hotline reported that they assisted 49 sex trafficking

victims and 32 labor trafficking cases. Isha L'Isha

reported that they assisted 49 sex trafficking victims.

-- H. What is the number of victims that received shelter

services during the reporting period?

As reported previously, 75 women and nine children

received services in the Maagan shelter during 2007.

28. Response to questions in paragraph 29, section I of

instructions cable. (Reftel A)

-- A. Does the government provide any specialized

training for government officials in identifying

trafficking victims and in the provision of assistance to

trafficked victims, including the special needs of

trafficked children?

Yes, the government provided many specialized training

sessions in 2007 for government officials, both in

identifying trafficking victims and in providing

assistance to trafficking victims. Examples included a

seminar on trafficking by the Institute for Judicial

Training of the MOJ, attended by State and District

Attorney representatives; courses in the Investigations

and Intelligence Training School; routine updates and

guidelines issued by Legal Aid Department of MOJ; two

TEL AVIV 00000548 030 OF 037

toolkits developed by the National Coordinator to

identify labor trafficking; training for Immigration

Administration officers on issues such as inter alia, the

right to dignity and liberty, and xenophobia; guidelines

for giving legal aid to victims for Tel Aviv and Haifa

legal aid office lawyers; and a seminar co-hosted by the

Haifa Legal Aid Office and Hotline that dealt with issues

such as legal representation of minors.

Isha L'Isha reported that there is "more and more"

prevention activity and identification of trafficking

victims. "NGOs are invited to various events which are

held by the government to talk with government

representatives on identification for trafficking victims

and raising awareness on the issue."

-- B. Does the government provide training on protections

and assistance to its embassies and consulates in foreign

countries that are destination or transit countries?

The training program that Israeli diplomats must undergo

before starting their mission abroad includes a chapter

on trafficking in persons. In a related vein, Isha

L'Isha said they organized the seminar the government

conducted in early 2007 for representatives of Eastern

European embassies regarding steps being taken by Israel

to combat trafficking in women.

-- C. Does it urge those embassies and consulates to

develop ongoing relationships with NGOs and IOs that

serve trafficked victims?

MFA encouraged Israeli embassies to develop and maintain

relationships with NGOs and IOs on trafficking issues.

In January 2007, MITL in cooperation with the Israeli

Ambassador to Thailand launched an information booklet in

Thai on the rights of foreign workers in Israel, which

was attached to the passport of every worker who received

a visa.

-- D. What is the number of trafficking victims assisted

by the host country's embassies or consulates abroad

during the reporting period? Please explain the level of

assistance. For example, did the host government provide

travel documents for the victim to repatriate, did the

host government contact NGOs in either the source or

destination countries to ensure the victim received

adequate assistance, did the host government pay for the

transportation home for a victim's repatriation, etc.

With the understanding that this refers to any Israelis

who might have been trafficked abroad, there were no such

reported cases by the government.

29. Response to questions in paragraph 29, section J of

instructions cable. (Reftel A)

-- A. Does the government provide assistance, such as

medical aid, shelter, or financial help, to its nationals

who are repatriated as victims of trafficking?

TEL AVIV 00000548 031 OF 037

Not applicable.

30. Response to questions in paragraph 29, section K of

instructions cable. (Reftel A)

-- A. Which international organizations or NGOs, if any,

work with trafficking victims?

The Center for International Migration and Immigration,

Hotline for Migrant Workers, Isha L'Isha Haifa Feminist

Center, the Israeli AIDS Task Force, Kav LaOved, Keshet

(which runs the Maagan shelter under government

supervision), Machon Toda'a, and the Task Force on Human

Trafficking are six prominent Israeli NGOs that work with

trafficking victims. International NGOs that work with

sex trafficking victims in Israel include the Angel

Coalition, IOM Belarus, IOM Chisinau-Moldova, IOM Moscow,

IOM Ukraine, IOM Uzbekistan, Istikamboli Avlod

Uzbekistan, La Strada in Moldova, the Odessa (Ukraine)

Public Movement "Faith, Hope, Love", Physicians for Human

Rights, the St. Petersburg INGI Crisis Center for Women,

and Winrock Russia. UNHCR and Amnesty International work

with refugees, who can become trafficking victims.

-- B. What type of services do they provide?

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: protection;

absorption; victim's hotline; economic assistance;

temporary shelter; legal representation; legal advocacy;

job training; psychiatric treatment; medical treatment;

greeting women at the airport when they land in the

source country; and helping the women to safely arrive

home from the airport.

-- C. What sort of cooperation do they receive from local

authorities?

Isha L'Isha reported that IOM in all countries has

significant influence on the government, but that other

NGOs have less influence, and specifically that all NGOs

in Russia have "no influence whatsoever on the

government." Isha L'Isha added that IOM Uzbekistan has

no influence on the government, but that there is

cooperation between them.

-- D. How much funding (in U.S. Dollar Equivalent) did

NGOs and international organizations receive from the

host government for victim assistance during the

reporting period? Please disaggregate funding for

prevention and public awareness efforts from victim

assistance funding. NOTE: If post reports that a

government is incapable of providing direct assistance to

TIP victims, please assess whether the government ensures

that TIP victims receive access to adequate care from

other entities. Funding, personnel, and training

constraints should be noted, if applicable. Conversely,

the lack of political will in a situation where a country

TEL AVIV 00000548 032 OF 037

has adequate financial and other resources to address the

problem should be noted as well.

The government cooperated with NGOs and IOs in many ways,

including joint hosting of conferences and NGO

participation in creating the national plans for

combating trafficking, but the GOI did not provide any

direct funding to NGOs or IOs for anti-trafficking

efforts.

Isha L'Isha charged that there is an acute problem "and

the sources is all the above: lack of funding; lack of

personnel; and in many cases, lack of will." Isha L'Isha

also quoted research by Dr. Miriam Shif from the School

of Social Work and Shivtati Levit of the Methadone Center

in Jerusalem that said "in the past few years in Israel,

there has been a drastic increase in the privatization of

numerous social services the state is obliged to provide

by law" and private organizations and business

corporations are being given the responsibility to care

for many vulnerable populations.

-----------

PREVENTION

-----------

31. Response to questions in paragraph 30, section A of

instructions cable. (Reftel A)

-- A. Does the government acknowledge that trafficking is

a problem in the country? If not, why not?

The government has publicly acknowledged on numerous

occasions that trafficking is a problem in Israel, and

has taken numerous steps to raise public awareness of the

situation.

32. Response to questions in paragraph 30, section B of

instructions cable. (Reftel A)

-- A. Are there, or have there been, government-run anti-

trafficking information or education campaigns conducted

during the reporting period?

Yes, several.

-- B. If so, briefly describe the campaign(s), including

their objectives and effectiveness.

The Authority for the Advancement of the Status of Women,

a part of the PMO, carried out activities in various

parts of the public sector. In cooperation with the Unit

for Gender Equality in the Ministry of Education, the

Authority conducted awareness campaigns in the school

system that included seminars for administrators and

presentations for teachers. In cooperation with the

National Coordinator, the Authority prepared information

on trafficking that was disseminated to supervisors at a

seminar on December 2, 2007. In September 2007, the

Authority and the Chairman of the Union of Local

TEL AVIV 00000548 033 OF 037

Authorities disseminated trafficking awareness

information to all heads of local authorities in Israel,

and the Chairman of the Local Authorities instructed that

the issue of trafficking in women be integrated into

every training activity the local authorities. The

government reported that such training has already begun.

On December 2, 2007, in cooperation with the Tel Aviv

Municipality and the Union of Local Authorities, and

several NGOs, the Authority held a national conference

titled "Women Trafficking - Modern Slavery."

On December 2, 2007, the government created a national

award for persons who contributed to the fight against

human trafficking.

MITL issued a special workers' rights brochure for the

construction industry in English, Russian, Romanian,

Turkish, Thai and Chinese. MITL also began distributing

a brochure -- in Hebrew, English, Chinese, Thai, Russian,

Romanian and Turkish -- setting out general labor rights

of foreign workers in Israel to every foreign workers

upon their arrival to Ben Gurion Airport, and posted the

brochure on its website.

The National Coordinator participated in numerous

seminars and conferences, and gave lectures at several

universities and young leaders programs.

The Director of the Maagan shelter gave several lectures

at government agencies and schools.

The Police approved the text for a brochure to be

circulated by Hotline in police stations regarding the

rights of trafficking victims.

The Immigration Police ran a radio campaign that warned

employers not to exploit migrant workers.

The Ministry of Education held five conferences for

members of the education system in order to raise

awareness on trafficking issues.

The Israel Broadcast Authority ran television and radio

programs on the subject of trafficking.

The government conducted a training session for 200

prosecutors on trafficking in women.

Isha L'Isha noted that the police invite NGOs to their

training session on trafficking in women.

Other government activities included a call against human

trafficking that was disseminated to all heads of the

kibbutzim movement, and an IDF pledge to conduct

educational activities on trafficking.

Many of the programs described above dealt with labor

trafficking as well as sex trafficking.

-- C. Please provide the number of people reached by such

TEL AVIV 00000548 034 OF 037

awareness efforts if available.

No estimates were available, but the programs reached

large numbers of people within various arms of the

government and in the general public.

-- D. Do these campaigns target potential trafficking

victims and/or the demand for trafficking (e.g. "clients"

of prostitutes or beneficiaries of forced labor)?

Some of the programs, such as the MITL brochures,

targeted potential victims. The Immigration

Administration ran campaigns targeting potential

beneficiaries of trafficking, warning them of

consequences of exploitation.

33. Response to questions in paragraph 30, section C of

instructions cable. (Reftel A)

-- A. What is the relationship between government

officials, NGOs, other relevant organizations and other

elements of civil society on the trafficking issue?

There is strong cooperation among NGOs. Despite

frustration in some quarters over what they consider lack

of enforcement of the new trafficking law, NGOs report

excellent working relationship with the National

Coordinator and many elements of the government,

including the police. NGO complaints persist regarding

alleged resistance in Interior. Hotline noted that they

"found that the higher up in government we go, the

stronger the cooperation" but that cooperation on the

lower levels is often difficult. Isha L'Isha noted that

the government is making efforts to implement prevention

actions, and that its work in all aspects of prevention

can be noted positively, especially the work of Marit

Danon Authority for the Advancement of Women. While they

complimented government-NGO cooperation generally, Isha

L'Isha and Machon Toda'a voiced several complaints

against Interior in their response for this report.

34. Response to questions in paragraph 30, section D of

instructions cable. (Reftel A)

-- A. Does the government monitor immigration and

emigration patterns for evidence of trafficking?

The government reported that Interior monitored new

patterns of trafficking using forged documents or

fictitious marriages. Isha L'Isha noted that the

government is "making efforts."

-- B. Do law enforcement agencies screen for potential

trafficking victims along borders?

According to the government, "border controllers are

skilled at detecting passport forgeries."

35. Response to questions in paragraph 30, section E of

instructions cable. (Reftel A)

TEL AVIV 00000548 035 OF 037

-- A. Is there a mechanism for coordination and

communication between various agencies, internal,

international, and multilateral on trafficking-related

matters, such as a multi-agency working group or a task

force? Does the government have a trafficking in persons

working group or single point of contact?

Yes, the National Coordinator, who works out of MOJ,

coordinates multi-agency cooperation and working groups,

and is the first point of contact in the government on

trafficking issues. The National Coordinator also heads

a multi-agency permanent round table that meets

periodically to map out problems and strategies. In

addition, the Knesset Subcommittee on Trafficking in

Women and the Knesset Special Committee on Foreign

Workers serve as forums for debate on trafficking issues,

and monitor measures taken to address trafficking.

-- B. Does the government have a public corruption task

force?

A inter-agency Implementation Committee in "The Battle

against Severe Crime and Organized Crime and their

Outcomes" is charged with developing operational

mechanism and performance measures on issues such as

intelligence fusion and money laundering, some of which

include elements of investigating public corruption.

36. Response to questions in paragraph 30, section F of

instructions cable. (Reftel A)

-- A. Does the government have a national plan of action

to address trafficking in persons?

Yes. On December 2, 2007, Government Resolution 2670

approved the National Plan to Combat Trafficking for

Prostitution and the National Plan to Combat Trafficking

for Labor.

-- B. If so, which agencies were involved in developing

it?

MOJ, Ministry of Public Security, Ministry of Social

Affairs, Interior, MITL, MFA, Ministry of Health, Israel

Police, PMO, State Attorney's Office, Authority for the

Advancement of Women, and the Director of the Maagan

Shelter.

-- C. Were NGOs consulted in the process?

Yes, including Hotline, Kav LaOved, Isha L'Isha, Machon

Toda'a, Atzum, Amnesty International and Physicians for

Human Rights.

-- D. What steps has the government taken to disseminate

the action plan?

A synopsis of the National Plan was published on the MOJ

website.

TEL AVIV 00000548 036 OF 037

37. Response to questions in paragraph 30, section G of

instructions cable. (Reftel A)

-- A: For all posts: As part of the new criteria added

to the TVPA's minimum standards by the 2005 TVPRA, what

measures has the government taken during the reporting

period to reduce the demand for commercial sex acts?

(see ref B, para. 9(3) for examples)

On December 2, 2007 - The International Day for the

Abolition of Slavery - the Ministry of Education

circulated information throughout the educational system

on the issue of trafficking in women. The information

focused on the issue of demand, and the education

system's role in reducing demand for sexual services and

pornography, through education on human dignity and

equality.

October 16, 2007 the Parliamentary Subcommittee held a

special session, attended by the Swedish Trafficking

Ambassador and high ranking representatives of the

Philippine and French embassies in Israel, that included

discussion on preventing trafficking and presentations of

the trafficking situation in the respective countries.

The National Plan to Combat Trafficking for Prostitution

authorized research to consider legislation to

criminalize purchasing prostitution services. The

research has been completed by the Office of the National

Coordinator and is in the process of being edited and

submitted to the Deputy Attorney General for Criminal

Matters for consideration.

38. Response to questions in paragraph 30, section H of

instructions cable. (Reftel A)

-- A. Required of Posts in EU countries and posts in

Canada, Australia, New Zealand, Japan, China, Singapore,

South Korea, Taiwan, and Hong Kong: As part of the new

criteria added to the TVPA's minimum standards by the

2005 TVPRA, what measures has the government taken during

the reporting period to reduce the participation in

international child sex tourism by nationals of the

Country?

Not applicable.

39. Response to questions in paragraph 30, section I of

instructions cable. (Reftel A)

-- A. Required of posts in countries that have

contributed over 100 troops to international peacekeeping

efforts (Argentina, Australia, Austria, Bangladesh,

Belgium, Benin, Bolivia, Brazil, Burkina Faso, Cambodia,

Cameroon, Canada, Chile, China, Denmark, Egypt, Ethiopia,

Fiji, Finland, France, Gambia, Germany, Ghana, Greece,

Guatemala, Hungary, India, Indonesia, Ireland, Italy,

Jordan, Kenya, Malawi, Malaysia, Mali, Mongolia, Morocco,

Namibia, Nepal, the Netherlands, Niger, Nigeria,

TEL AVIV 00000548 037 OF 037

Pakistan, Peru, Philippines, Poland, Portugal, Qatar,

Romania, Russia, Rwanda, Senegal, Slovakia, South Africa,

Spain, Sri Lanka, Sweden, Tanzania, Togo, Tunisia,

Turkey, Ukraine, United Kingdom, Uruguay, Zambia, and

Zimbabwe): What measures has the government adopted to

ensure that its nationals who are deployed abroad as part

of a peacekeeping or other similar mission do not engage

in or facilitate severe forms of trafficking or exploit

victims of such trafficking?

Not applicable.