DOMINICAN REPUBLIC ANTI-TIP ACTIVITIES SINCE

UNCLAS SECTION 01 OF 02 SANTO DOMINGO 006166

SIPDIS

SENSITIVE

DEPT FOR WHA/CAR (MCISAAC),WHA/PPC (FALLS),G/TIP
(LINDERMAN)

E.O. 12958: N/A
TAGS: PHUM PGOV PREL DR
SUBJECT: DOMINICAN REPUBLIC ANTI-TIP ACTIVITIES SINCE
PASSAGE OF NEW LAW

REF: A. SANTO DOMINGO 5946


B. SANTO DOMINGO 4763

C. SANTO DOMINGO 4090

SUMMARY
--------------


1. (U) Since passing a comprehensive law against trafficking
in persons (TIP) and alien smuggling in August, the GODR has
taken steps to prevent trafficking, protect victims and
prosecute offenders. New legislation provided impetus for
action by government officials, civil society and
international organizations. Local press continues to
spotlight trafficking-related stories, with special emphasis
on the recently passed legislation and cases involving sexual
exploitation of minors who might be trafficking victims. The
Secretariat of Foreign Relations, National Police, and other

SIPDIS
official entities are communicating better and exchanging
information. This increased cooperation recently led to the
swift arrests of accused traffickers of Dominican girls to
Haiti. End Summary.

GOVERNMENT MINISTRIES STEP UP TO THE PLATE
--------------


2. (U) Since passing a comprehensive law against trafficking
in persons (TIP) and alien smuggling in August of 2003, the
GODR has taken steps to prevent trafficking, protect victims
and prosecute offenders. With leadership from the Director
of Women's and Children's Issues, Ambassador Luisa "Chiqui"
Vicioso, the Secretariat of Foreign Relations (MFA) has
assumed a more active role in addressing TIP issues.
Ambassador Vicioso's office organizes monthly meetings for a
newly created "Network to Combat Trafficking in Persons and
Smuggling," the first of which were held in September and
October. The network includes the heads of the new
specialized trafficking units at the National Police and the
Attorney General's office and reps from the Migration
Directorate, the secretariats of the Armed Forces, Tourism,
Labor, and Women, the National Council for Children and
Adolescents (CONANI),NGOs and international organizations.
Network members share updates on their activities and
suggestions for next steps. During the October meeting, the
MFA reported sharing a tip with the National Police anti-TIP
unit on a suspected trafficker of Dominican girls to Haiti,
who consequently was arrested less than 24 hours after the
notification.


3. (U) The Secretariat of Tourism is combatting TIP with 115
inspectors who monitor the industry for human rights abuses.
The secretariat has improved its collaboration with
international contacts, especially in destination countries,
to investigate trafficking rings that promote the Dominican
Republic for sex tourism. This collaboration led to the
recent discovery of at least three Internet trafficking rings
that advertise small hotels in Sosua, a popular tourist beach
town on the north coast. Prosecution of such crimes is
difficult, because they typically involve foreigners
organizing activities on the Internet from overseas to be
carried out by local accomplices. The Tourism Secretariat
also works closely with the National Hotel and Restaurants
Association (ASONAHORES) to train hotel/resort staffs about
trafficking and penalties. The secretariat also works with
the International Labor Organization (ILO) on its recently
launched program against commercial sexual exploitation in
Boca Chica and Puerto Plata (see ref B).

NATIONAL POLICE ANTI-TIP UNIT IN PURSUIT
--------------


4. (U) The anti-TIP unit at the National Police was
officially inaugurated August 20, with the announcement that
Major Ramon Hernandez Peralta would be in charge of the unit.
(Note: Post previously reported that Col. Jose Polanco would
be in charge. Col. Polanco is actually in charge of the
National Police Couterfeit Investigations Department, in the
same building where the anti-TIP unit is physically located.
Major Hernandez Peralta reports to Col. Polanco. End Note.)
Since official operations began, the Police anti-TIP unit has
arrested at least 10 alleged alien smugglers (including a
clergyman) and five alleged traffickers. The unit has a
staff of 13. Currently, Counterfeit Investigations
Departments countrywide send trafficking cases to the
anti-TIP unit headquartered in Santo Domingo. There are
plans to establish anti-TIP units in as many provinces as
possible. Major Hernandez has established credibility within
a relatively short period; he has responded quickly to tips
provided by emboffs and the Foreign Secretariat. The unit
also sends monthly activity reports to the Embassy, an effort
that is welcomed.

ATTORNEY GENERAL'S ANTI-TIP UNIT WORKING HARD
-------------- --------------

5. (SBU) The anti-TIP unit at the Attorney General's office
is also hard at work. Within the anti-TIP unit there is a
specialized office to handle trafficked minors who are
victims of commercial sexual exploitation. This office is
staffed with 3 lawyers, 3 members of the Armed Forces and one
member from the National Prosecutor's office. Crisalida
Diaz, head of the commercial sexual exploitation office, told
Poloff that although the general public is not aware the
office exists, at least eight trafficking cases have been
received and are under investigation. There also seems to be
a difference of opinion regarding which law will be used to
prosecute traffickers such as Guillermo Radhames "Ramos"
Garcia (see ref A). According to Diaz, infractions that
occurred prior to August 7 (when the anti-TIP law was signed
by President Mejia) will be adjudicated based on pre-existing
law. In an earlier separate meeting with poloffs, the
Attorney General implied that the new law would be applied to
the Garcia case. However, Diaz added that in some high
profile cases where the crime warrants stricter penalties,
the Supreme Court could intervene to apply the new law.


AND CIVIL SOCIETY IS ALSO INVOLVED...
--------------


6. (U) With assistance from USAID, local NGO Institutionalism
and Justice Foundation (FINJUS) held seminars about the new
anti-TIP law in October. The press widely covered these
seminars, and in one instance included a lengthy interview
with IOM Chief Juan Artola, who warned that the Dominican
Republic could face Tier 3 sanctions from the United States
next year if the GODR does not use the new law to prosecute
public officials involved in trafficking. The press has also
provided detailed coverage of developments regarding the case
of Congressman Guillermo Radhames "Ramos" Garcia, who is free
but scheduled for trial for alien smuggling charges.

COMMENT
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7. (SBU) The GODR is addressing trafficking problems. Some
public officials are clearly engaged, while others need more
coaxing. Bureaus within the MFA, for example, will need to
communicate better to address potential internal corruption
by Dominican consular officials abroad. An ongoing challenge
will be ensuring that key actors, including police officers,
prosecutors and judges, are properly trained to implement and
uphold the new law against trafficking and smuggling. As the
economy continues to plunge, however, more Dominicans are
likely to be victimized by traffickers and smugglers offering
lucrative "job opportunities" in foreign countries.
HERTELL