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Viewing cable 05TELAVIV1336, ISRAEL: FIFTH ANNUAL TRAFFICKING IN PERSONS REPORT
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Reference ID | Created | Released | Classification | Origin |
---|---|---|---|---|
05TELAVIV1336 | 2005-03-07 15:30 | 2011-08-24 01:00 | UNCLASSIFIED//FOR OFFICIAL USE ONLY | Embassy Tel Aviv |
This record is a partial extract of the original cable. The full text of the original cable is not available.
UNCLAS SECTION 01 OF 09 TEL AVIV 001336
SIPDIS
SENSITIVE
DEPT FOR G/TIP: FOR SALLY NEUMANN; NEA/RA: JOHN MENARD
E.O. 12958: N/A
TAGS: KCRM PHUM KWMN SMIG KFRD ASEC PREF ELAB IS ISRAELI SOCIETY GOI INTERNAL
SUBJECT: ISRAEL: FIFTH ANNUAL TRAFFICKING IN PERSONS REPORT
(1 OF 3)
REF: SECSTATE 273089
¶1. (SBU) This cable is the first part of a three-part
message in response to reftel. Embassy point of contact is
poloff Jenifer Joyce, telephone number (972) (3) 519-7437.
Fax number (972)(3) 519-7484. Poloff spent approximately 80
hours in preparation of the report. Deputy polcouns spent
approximately 20 hours, and polcouns approximately 10 hours.
Over the past three years the Government of Israel has
provided extensive written answers to post's questions on
trafficking. This year the GOI submitted written answers to
most of post's questions in February 2005. As such, this
cable has been prepared with information provided by the GOI,
NGOs and the press.
--------------------------------------------- --------
Overview of the Country's Activities to Eliminate TIP
--------------------------------------------- --------
¶A. Is the country a country of origin, transit or
destination for internationally trafficked men, women or
children?
Israel is a country of destination for victims of TIP,
primarily for the purpose of prostitution, according to
statistics compiled by the GOI and NGOs. NGOs claim that
some men and women are also trafficked for the purpose of
labor, but no evidence of the trafficking of children exists.
GOI officials acknowledge that Israel's population of
foreign workers sometimes suffers from exploitative work
conditions, failure to pay proper wages, and some physical
and emotional abuse, and that some cases exist of trafficked
foreign workers, especially from China. The GOI says it
cannot determine how many foreign workers in Israel are
actually victims of trafficking.
-- Specify numbers for each group.
Sex Trafficking: The latest available statistics are for the
2003 calendar year, for which the police estimate that 2,000
to 3,000 women were trafficked into Israel for the purpose of
prostitution. (Please note: This estimate is significantly
higher than the estimate of 700 trafficked persons that the
GOI reported last year for CY 2003, and which post cited in
its report. Post believes and will seek to confirm that the
700 figure may have actually represented the number of women
deported after being identified as victims of trafficking for
the purpose of prostitution.) Police intelligence sources
estimate that during 2004, the number of women trafficked
into Israel decreased to between 1,000 and 1,500, due to the
closure of many brothels, stiffer sentences for traffickers,
and police vigilance at the borders, an assessment with which
NGOs concur.
Labor Trafficking: The GOI claims, although it does not have
reliable statistics, that trafficking for the purpose of
labor is not a widespread problem. Trafficked workers who
come to the attention of the authorities are simply
categorized as illegal foreign workers, unless, as in rare
cases, they seek legal action against their traffickers. The
government says that between 60,000 and 70,000 foreign
workers reside in Israel today, and the government does not
know how many of those have been trafficked. Two NGOs claim
that approximately 200,000 foreign workers are in Israel and
that 20 percent of these have been trafficked into Israel,
although such NGOs are unable to offer evidence to support
that claim. One of those NGOs says say that most trafficking
victims for labor enter the country legally with visas, that
there are 80,000 to 100,000 legal foreign workers currently
in Israel, and that 20 percent of this group has been
trafficked (approximately 16,000 to 20,000). NGOs say that
each year 30,000 new foreign workers enter Israel legally.
-- Does the trafficking occur within the country's borders?
According to GOI and NGO contacts, no trafficking of Israelis
or other legal residents of Israel or the occupied
territories occurs within the country's borders, or
elsewhere. Evidence gained in court cases suggests that
pimps sometimes "sell" foreign women trafficked into Israel
for prostitution to other pimps within Israel. NGOs allege
that manpower agencies and employers sometimes sell or lend
their trafficked foreign workers to other agencies or
employers.
-- Does it occur in territory outside of the government's
control (e.g. in a civil war situation)?
The GOI controls the entirety of Israel.
-- Are any estimates or reliable numbers available as to the
extent or magnitude of the problem? What is the source of
the available information on trafficking in persons? How
reliable are the numbers and these sources?
These figures, cited above, are generally reliable, although
the government and NGOs differ in their estimates. NGOs do
not compile specific data, and use largely anecdotal and
observational resources to determine their estimates. GOI
information is based largely on data collected by the Israeli
Police, including from the Border Police, intelligence
sources, the Ministry of Interior and the Immigration
Administration.
-- Are certain groups of persons more at risk of being
trafficked?
Yes, foreign women are the only group at risk of being
trafficked into Israel for the purpose of prostitution, and
evidence indicates that trafficking of women is conducted
almost exclusively for the purpose of prostitution. The
government also points out that some Chinese workers, both
male and female, have been victims of fraud and abuse and
have been forced to pay exorbitant fees to obtain employment
in Israel. NGOs claim that Filipino and Thai workers are
also trafficked into Israel for labor.
¶B. Where are the persons trafficked from? Where are the
persons trafficked to?
Sex trafficking: According to the GOI, most victims come from
the former Soviet Union, primarily Ukraine, Moldova,
Uzbekistan and Russia. During 2003, Moldova was the number
one source country, but the GOI and NGOs say Uzbekistan has
become the leading source country, based on police
intelligence data and information about the nationalities of
women who are being deported.
Labor Trafficking: GOI data indicate that most foreign
workers overall come primarily from Romania, the Philippines,
China, Thailand, Turkey, Jordan and the FSU. No reliable
data exist on the number or origins of trafficked workers,
according to the GOI.
¶C. Have there been any changes in the direction or extent of
trafficking?
Israeli police claim that trafficking of persons for
prostitution decreased, due in part to the closure of
numerous brothels and the deterrent effect of longer
sentences for traffickers. GOI officials say a new method of
trafficking women into Israel has emerged, primarily in
Ukraine, by which the victims obtain visas using fraudulent
identification documents of Jewish Ukrainians, who, as Jews,
are eligible under Israeli law to immigrate to Israel. GOI
officials could offer no estimates of the numbers of persons
trafficked by this means.
Sex Trafficking: GOI and NGO data indicate that Uzbekistan
has replaced Moldova as the number one source country for
victims of trafficking for sex/prostitution.
Labor Trafficking: No reliable data exist to document the
scale of labor trafficking, and NGOs and the GOI differ in
their estimates of the problem. Of those workers identified
as having been trafficked, most now come from China,
according to NGOs and government sources, although some also
come from the Philippines and Thailand.
¶D. Are any efforts or surveys planned or underway to
document the extent and nature of trafficking in the country?
The Research Department in the Intelligence Division of the
Israeli Police monitors criminal behavior to identify new
trends and developments in the field of trafficking. In
2004, the Intelligence Department disseminated an internal
study dealing with the phenomenon and setting goals to be
accomplished by the police. The study concluded that most
victims of trafficking for prostitution are entering Israel
through the border with Egypt, and that the stricter
sentencing for traffickers is having a deterrent effect on
TIP in Israel.
-- Is any additional information available from such reports
or surveys that was not available last year?
GOI contacts say there are no updates of previous government
reports or surveys.
¶E. If the country is a destination point for trafficked
victims, what kind of conditions are the victims trafficked
into? What methods are used to ensure their compliance? Are
the victims subject to violence, threats, withholding of
their documents, debt bondage etc.?
Sex Trafficking: According to the GOI, the number of brothels
has decreased, so most victims recently trafficked for
prostitution now work in apartments and escort agencies,
although the Hotline for Migrant Workers, which visits
detained women in prison on a regular basis, reports that
many women still work in brothels. In apartments, usually
two women live together. Each woman services an average of
five to seven clients a day, according to the GOI. NGOs say
that traffickers and pimps threaten the lives and safety of
victims, as well as of relatives the victims have left in
their countries of origin. Many brothels have barred windows
and other security measures to prevent escape. Reports from
NGOs and the GOI indicate that when trafficking victims are
permitted to leave the premises, they are usually under the
supervision of the pimp or his associates. In those cases
where the victims are allowed to leave the brothel, the fact
that they do not speak Hebrew, combined with the threats
against their families, deters them from going to the police.
Labor Trafficking: Trafficked workers in Israel are
frequently exposed to abuses or violations of their rights,
according to GOI and NGO sources, which may include having
their passports withheld, lack of appropriate lodging, not
being paid minimum wage, deceptive work conditions or no work
at all. Press reports exist of beatings and physical abuse
of those workers who try to leave the workplace or find
alternate employment. Such abuse reportedly is sometimes
carried out in front of other workers as a deterrent.
Reports indicate that some employers withhold a portion of
workers' salaries as a guarantee that the workers will comply
with employer demands. NGOs also report that some foreign
home health care workers have been raped or pressed to
provide sexual favors by their employers.
¶F. Is the country a country of origin? Which populations
are targeted by traffickers? Who are the traffickers? What
methods are used to approach victims? What methods are used
to move the victims?
Israel is not a country of origin, according to the GOI and
NGOs, and available evidence supports this claim. Although
some press reports have claimed that Israeli women are being
trafficked to Japan to work in the sex industry, these appear
to be isolated cases, and the women allegedly deny being
trafficked. The GOI says it received reports of three such
cases during 2004, at least one of which appeared to be a
trafficking case for prostitution to England, and one of
which was an attempted trafficking case, in which the
potential victim declined the employment offer. No further
details were available as the cases are still pending
investigation.
¶G. Is there political will at the highest levels of
government to combat trafficking in persons? Is the
government making a good faith effort to seriously address
trafficking? In broad terms, what resources is the host
government devoting to combating trafficking in persons?
The government continued to demonstrate political will to
fight TIP by building on steps it took against TIP in
previous years. In August 2002, the government decided to
strengthen its military deployment along the border with
Egypt in order to prevent the illegal entry of persons,
including trafficking victims, into Israel. In support of
this commitment, the Ramon Unit of the Border Police was
established in 2003. It successfully interdicted attempts to
traffic 43 women into Israel in 2004. Also in 2003, GOI
representatives told the Knesset committee on sex trafficking
that they wanted to see Israel removed from the State
Department TIP list. The Criminal Organizations Bill, which
became law on June 17, 2003, has facilitated the prosecution
and punishment of key members of several organized TIP
operations, according to the GOI.
NOTE: Prior year reports detail further evidence of GOI
determination to fight TIP. END NOTE.
During 2004, the GOI continued its good faith and
collaborative efforts to fight TIP, according to NGOs and the
GOI. For example, in a goodwill gesture, the Israeli State
Attorney's office has issued guidelines to state prosecutors
to waive court fees for civil suits brought by trafficking
victims. On December 29, the State Attorney convened a
meeting with his staff attorneys and all District Attorneys
to consider ways of expediting adjudication of the volume of
trafficking cases, such as by having single judges preside
over the cases, rather than three-judge panels. Currently,
only three three-judge panels operate in Tel Aviv and a
similarly small number operate in other jurisdictions. The
Parliamentary Inquiry Committee looking into issues of TIP
was made a permanent committee during 2004. This committee
actively reviews new legislation. In 2004, it discussed a
comprehensive law to forbid all forms of trafficking and that
would be more comprehensive than current laws. As a result
of this process, the committee expects to submit a draft
comprehensive law to the Knesset in April 2005. The
committee also reviewed several pieces of legislation, e.g.,
a law to enable the closure of brothels, and drafted several
bills, such as: a law granting national health insurance to
victims of trafficking, a witness protection law covering
witnesses who are not Israeli citizens or residents, and a
law to postpone the deportation of trafficking victims.
During 2004, cooperation between government agencies and NGOs
working on the TIP issue improved and expanded. The Minister
of Justice, for example, declared his willingness to work
with NGOs to combat TIP at a conference of NGOs in August,
¶2004. He published an op-ed piece on trafficking in
conjunction with the conference.
Israeli authorities also took action against officials in
cases related to trafficking. A police officer who solicited
sexual favors from a trafficked woman from the former Soviet
Union and threatened her with arrest and deportation was
indicted, and his trial was scheduled to begin in February
¶2005. In another case, the Tel Aviv District Attorney's
office began investigating a police officer who allegedly
tried to extort payment from trafficked prostitutes in
exchange for ignoring their illegal status. The case is now
pending.
¶H. Do governmental authorities or individual members of
government forces facilitate or condone trafficking or are
they otherwise complicit in such activities? If so, at what
levels? Do government authorities receive bribes from
traffickers or otherwise assist in their operations? What
punitive measures, if any, have been taken against those
individuals complicit or involved in trafficking? Please
provide numbers, as applicable, of government officials
involved, accused, investigated, prosecuted, convicted and
sentenced.
No evidence exists of involvement of high or mid-level GOI
officials in trafficking. Over the last five years, the
Department for Investigation of Police Officers has been
operating an Exposure Unit, which conducts investigations
that require intelligence deployment and long-term undercover
activity. Among the issues handled by this unit are cases
where police officers are involved directly or indirectly in
trafficking in persons, or accepting sexual and non-sexual
bribes from the operators of brothels and/or prostitutes.
During 2004, the Department of Investigation of Police
Officers in the Ministry of Justice received 45 complaints
against police officers filed by foreign workers. All of
these were thoroughly investigated, according to the GOI, and
where evidence of the commission of an offense was found,
criminal charges were filed against the accused. NGO
representatives dispute the government's assertion that these
complaints were thoroughly investigated, saying that the
majority of the cases were closed prior to any formal
investigation. They said they are aware of only two cases in
which police officers were criminally charged in 2004.
The GOI could not provide information on the number of
officers formally charged from this group, but confirmed that
no cases were brought for trafficking offenses per se.
One noteworthy case is The State of Israel vs. Renato Saban.
The indictment was filed on August 4, 2004 in the Magistrate
Court of Tel Aviv-Jaffa against a former inspector in the law
division in the Foreign Workers Department of the Ministry of
Industry, Trade and Labor. The indictment included five
charges of acceptance of a bribe, and charges of fraud,
breach of trust, disruption of legal proceedings,
exploitation, threats, sexual harassment and forcible
indecent acts.
¶I. What are the limitations on the government's ability to
address this problem? For example, is funding for police or
other institutions inadequate? Is overall corruption a
problem? Does the government lack the resources to aid
victims?
Official corruption is not a widespread problem in Israel.
Financial and human resources available to combat TIP are
limited, in part due to the ongoing security threat and
developments with the Palestinians, according to GOI sources.
Funding for police and law enforcement is generally
adequate, according to police sources. NGOs, however,
believe that the GOI could increase funding for the
prevention of TIP in the country. As one NGO representative
said, "Israel is a developed country and can re-allocate
funds." She pointed specifically to the failure of the GOI
to fund the position of the GOI TIP coordinator. Note: the
GOI is making strenuous efforts at budget reform, including
adherence to budget deficit commitments agreed to as part of
the U.S. loan guarantees package.
¶J. To what extent does the government systematically monitor
its anti-trafficking efforts and periodically make available,
publicly or privately and directly or through
regional/international organizations, its assessments of
these anti-trafficking efforts?
The Ministry of Justice requests that the relevant government
ministries report on their anti-trafficking efforts. The
Ministry of Justice then compiles the information in
consolidated, detailed form and shares it with U.S. Embassy
personnel in preparation for the State Department TIP report.
The Knesset Permanent Inquiry Committee, chaired by Za'hava
Gal-On, also regularly addresses TIP issues and developments
in a public forum. In addition, the press frequently
publishes stories on trafficking and prostitution and cites
government sources.
¶K. Is prostitution legalized or decriminalized?
Prostitution is not prohibited by law, nor is it expressly
legalized.
-- Are the activities of the brothel owner/operator, clients,
pimps and enforcers criminalized?
While the activities of the prostitute are not criminalized,
the activities of the brothel owner/operator, pimps and
enforcers are criminalized. The activities of the client are
not criminalized. The following is a list of relevant
sections of the penal code and the maximum punishments.
Section 199 and 199(b) - Pandering for the purpose of
prostitution: five years imprisonment and seven years when
the victim is a spouse or child.
Section 201 - Causing a person to perform an act of
prostitution: five years imprisonment.
Section 202 - Causing a person to engage in prostitution:
seven years imprisonment.
Section 203(b) - Causing a person to engage in prostitution
under aggravated circumstances: 16 years imprisonment.
Section 204 - Maintaining a place for the purpose of
prostitution: five years imprisonment.
-- If prostitution is legal and regulated, what is the legal
minimum age for this activity?
Prostitution is not expressly legalized and regulated, but is
not prohibited by law, regardless of age.
----------
Prevention
----------
¶A. Does the government acknowledge that trafficking is a
problem in that country?
The government acknowledges that sex trafficking is a problem
in the country. In contrast to prior years, the GOI now
acknowledges that labor trafficking exists in the country, as
detailed in its report to the Embassy on trafficking and in
public hearings of the Knesset Committee on Foreign Workers.
Towards that end, the GOI has decided to implement a new
system of employing foreign workers, the aim of which is to
reduce trafficking. For the first time, the Knesset is
considering legislation to prohibit all forms of trafficking,
including for labor. Currently, only trafficking for the
purpose of prostitution is prohibited.
¶B. Which government agencies are involved in
anti-trafficking efforts?
The Counseling and Legislation Department in the Ministry of
Justice; the Foreign Workers Department in the Ministry of
Industry, Trade and Labor; the Crime Unit in the Immigration
Administration; and the Population Registry in the Ministry
of the Interior are the main agencies involved in
anti-trafficking efforts. The National Police are also
involved in these efforts.
¶C. Are there or have there been government-run
anti-trafficking public information or public education
campaigns?
The government has undertaken several public education
campaigns as detailed below:
-- Labor trafficking: A brochure setting out all the labor
rights of foreign workers in Israel was published on the
website of the Ministry of Industry, Trade and Labor in
Hebrew in the summer of 2004 and in English in January 2005.
The Immigration Administration has also issued in 14
languages a revised version of the detainee's rights brochure
that targets trafficking victims.
-- Sex Trafficking: In December 2004, the Ministry of Foreign
Affairs (MFA), in collaboration with the Ministry of Justice,
NGOs and civil society activists, began an information
campaign in source countries of TIP for the purpose of
prostitution.
The MFA printed brochures in Russian warning of the dangers
of TIP that are currently being distributed by Israeli
embassies and consulates in Russia, Ukraine, Belarus,
Kazakhstan, Uzbekistan and other source countries. The MFA
also in 2004 began including information on TIP in training
programs for diplomats who will be posted abroad in source
countries.
The Ministry of Justice website has posted descriptions of
TIP, of efforts to combat TIP, and of characteristics of and
approaches used by persons usually involved in these
activities. The MOJ placed notices explaining how to access
this information in the widest-circulation Israeli newspapers
on August 31, 2004. This program targets the demand for
trafficking by attempting to educate potential clients.
¶D. Does the government support other programs to prevent
trafficking?
The Government does not currently support other programs to
prevent trafficking.
¶E. Is the government able to support prevention programs?
Israel has a modern economy and stable government revenue
structure, marked by heavy security expenditures, a broad
social welfare apparatus, and, until recently, sluggish
economic growth. The Government claims that it has limited
resources to allocate to any TIP prevention programs and
would have difficulty supporting them.
¶F. What is the relationship between government officials,
NGOs, other relevant organizations and other elements of
civil society on the trafficking issue?
-- Labor Trafficking: The director of the Department of
Foreign Workers in the Ministry of Industry, Trade and Labor
meets periodically with representatives of trafficking NGOs,
and the ministry's enforcement division investigates
complaints filed by such organizations. The Immigration
Administration claims that it has been working closely since
its inception with NGOs to investigate allegations made by
these organizations, an assessment that NGO representatives
dispute. Representatives of the NGO the Hotline for Migrant
Workers say that complaints that they submit are rarely
investigated, or receive only superficial and minimal
attention. The GOI says the commander of the Immigration
Administration met several times with representatives of NGOs
during the year, which NGOs confirmed. NGO representatives
lectured during the year to members of the police, including
investigators.
-- Sex Trafficking: The de facto GOI interagency coordinator
on trafficking, Rochelle Gershoni of the MOJ, met numerous
times with NGO representatives to discuss ways of working
together more effectively and to share information.
¶G. Does the government adequately monitor its borders?
The GOI exercises strict control and supervision of its
borders due to security concerns. The Ramon Unit of the
Border Police has been active in patrolling along the Egypt
border, which GOI officials say is the principal route for
smuggling TIP victims into Israel for the sex industry.
Since its establishment in March 2003, the Ramon Unit has
prevented attempts to smuggle into Israel drugs, weapons and
persons who intend to work as prostitutes. The GOI reported
that during 2004 the Ramon Unit of the Border Police
interdicted 43 female trafficking victims who were attempting
to pass into Israel.
-- Does the government monitor immigration and emigration
patterns for evidence of trafficking?
Both the Ministry of the Interior and the Immigration
Administration compile data on immigration/emigration
patterns and trends, which they share with police
intelligence and Border Police officials.
Do law enforcement agencies respond appropriately to such
evidence?
Police intelligence officials (who compile evidence based on
their monitoring of immigration/emigration patterns for
evidence of TIP) report that they work closely with the
Border Police to combat trafficking efforts.
¶H. Is there a mechanism for coordination and communication
between various agencies, such as a multi-agency working
group or a task force? Does the government have a
trafficking in persons task force? Does the government have
a public corruption task force?
No task forces exist on corruption or trafficking, but the de
facto coordinator on TIP, Rochelle Gershoni, a lawyer with
the Ministry of Justice, serves as an inter-agency liaison,
disseminating information among the different agencies and
persons involved in fighting trafficking.
¶I. Does the government coordinate with or participate in
multinational or international working groups or efforts to
prevent, monitor or control trafficking?
-- Labor Trafficking: During 2004, the government negotiated
with the International Organization for Migration (IOM) to
supervise the placement of foreign workers in Israel to
ensure that no illegal fees are collected by manpower
agencies, an issue that has been an ongoing problem. The
details of this proposal are still under discussion. IOM
also began a pilot program in 2004 in the nursing care field
to determine how effectively such supervision by IOM would
work, with a view to expanding the program to cover
supervision of employment of other foreign workers.
-- Sex Trafficking: The Israeli police work closely with
Interpol to combat trafficking, and work cooperatively with
several foreign governments. For example, the Israeli police
undertook cooperative work with Russian police in 2004. The
joint effort resulted in the arrest in Russia of the head of
a network that was trafficking women. This man is in the
midst of extradition procedures, and nine witnesses
reportedly are prepared to testify.
¶J. Does the government have a national plan of action to
address trafficking in persons? If so, which agencies were
involved in developing it? Were NGOs consulted in the
process? What steps has the government taken to disseminate
the national plan?
-- Sex Trafficking: Although various governmental offices
have taken initiatives to address TIP, these steps are not
part of a formalized "national plan." The GOI claims,
however, that recommendations issued by the Inter-Ministerial
Committee in 2002 form an ad hoc national plan. These
recommendations include initiating a public
awareness/information campaign, conducting study and training
sessions on TIP for law enforcement and government officials,
and closing down business premises where victims of
trafficking are frequently housed and employed.
-- Labor Trafficking: The Government says that several
decisions by the Attorney General form the basis for a
national plan to combat labor trafficking. NGOs aver that
while these are laudable efforts, they do not constitute a
"national plan" as such. These decisions include: 1) The
hiring of an attorney by the Ministry of Industry, Trade and
Labor to coordinate investigations of serious labor
infractions for foreign workers and to cancel the employment
permits of any employer found to have committed such
violations; 2) The decision to hire a jurist as an ombudsman
for foreign workers' rights within the Ministry of Industry
Trade and Labor; 3) Amending section 66 of the Employment
Service Law to raise the penalty for collecting illegal
recruitment fees from foreign workers. No legislation passed
in 2004 regarding labor trafficking, although a comprehensive
bill to prohibit all forms of trafficking is now being
drafted and will be introduced in the Knesset in April 2005.
¶K. Is there some entity or person responsible for developing
anti-trafficking programs within the government?
Rochelle Gershoni, head of the Criminal Division of the
Department of Legislation and Legal Counsel in the Ministry
of Justice, is the de facto TIP coordinator for the
government. The government decided to appoint her as the
official coordinator, but she resigned that position in
September 2004 after the government failed to fund the
position. She continues, however, to coordinate GOI work on
trafficking issues unofficially.
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