PANAMA ADOPTS "ENERGETIC MEASURES" AGAINST

UNCLAS SECTION 01 OF 03 PANAMA 000576 SIPDIS SENSITIVE DEPT. FOR WHA/CEN/BRIGHAM, G/TIP, G, INL, DRL, PRM, IWI, AND WHA/PPC/FALLS E.O. 12958: N/A TAGS: PGOV PREL KCRM KWMN KFRD SMIG PM POL CHIEF SUBJECT: PANAMA ADOPTS "ENERGETIC MEASURES" AGAINST TRAFFICKING IN PERSONS REF: A. PANAMA 0548 ¶B. LINDERMAN-SANCHEZ EMAIL 7/28/2003 SUMMARY -------------- ¶1. (SBU) In the past ten days (March 1-9) the Panamanian government (GOP) organized an inter-agency anti-TIP working group, set into motion a 45-day action plan, launched a public awareness campaign, prepared tougher anti-TIP legislation, readied a victims hotline, and announced that it had identified members of TIP gangs and that arrests would soon follow. In a public statement March 8, Minister of Justice and Government (MOGJ) Arnulfo Escalona said that he had ordered Immigration, the Panamanian National Police (PNP) and the Judicial Technical Police (PTJ) to take "energetic measures" against TIP. Legislative Assembly President Jacobo Salas predicted to POL Counselor March 3 that the Assembly would soon pass new anti-TIP legislation to include anti-child pornography, unimpeded police investigations, and stiffer sentencing requirements. MOGJ Escalona met with DCM and POL Counselor March 5 to emphasize the GOP's wishes to fully cooperate and comply with G/TIP requirements. We also learned on March 5 that PNP Director Carlos Bares had met several days before with Colombia's top police officials to discuss how the two countries should coordinate anti-TIP migration measures. These events follow POL Counselor's March 1 meeting with Vice Foreign Minister (VFM) Nivia Rossana Castrellon, who has mobilized the GOP at its highest levels to focus on producing tangible anti-TIP results. Castrellon will meet PPC Director Paul Trivelli March 11 to discuss TIP, among other topics. End Summary. Demarche to Vice Minister of Foreign Affairs -------------- ¶2. (SBU) In an effort to focus GOP attention on TIP, POL Counselor met with VFM Castrellon March 1 to explain the annual G/TIP report and the likelihood that, in the 2003 report (to appear in June 2004),Panama for the first time would be listed as out of compliance with minimum TIP standards. POL Counselor emphasized that to improve Panama's anti-TIP stance, GOP officials should A) make anti-TIP public statements; B) launch a public awareness campaign; C) institute a victims' shelter and restitution program; D) redouble efforts to arrest and prosecute traffickers; E) pass tougher TIP legislation; F) work toward regional anti-TIP cooperation; and G) form an inter-agency working group to improve coordination. ¶3. (SBU) Castrellon assured POL Counselor that combating TIP is a top GOP and a personal priority. She said she would inform the GOP agencies with the power to influence TIP, especially MOGJ which oversees Immigration, the PNP, the Panama Judicial Police (the PTJ has the lead in TIP cases) of our discussion. (Comment: Castrellon evidently moved immediately to mobilize the GOP. PolOffs overheard her several hours later telling Panama's Immigration chief, "We need to meet very soon to discuss an urgent matter." MOGJ Escalona contacted DCM McMullen shortly thereafter to request a meeting to discuss TIP. End Comment.) Demarche to Legislative Assembly President -------------- ¶4. (SBU) On March 3, POL Counselor met with Legislative Assembly President Salas to explain Panama's likely status in the USG's 2003 TIP report, to brief him on USG TIP minimum requirements, and to give him a copy of the USG's model TIP law. Salas, a member of the Arnulfista Party, introduced fellow Arnulfista legislators Francisco Aleman and Jose Blandon, Jr., author of the anti-TIP law now before the legislature. Salas explained that there is no opposition to the law and predicted it would pass by April. The bill began as anti-child pornography legislation last October, Blandon explained, but since has become a more frankly anti-TIP bill. For instance, the new law will permit the police to investigate TIP crimes without having to wait for a victim's statement, which the police now do. Examining our model law, Blandon commented that he would include as many provisions from it as possible. Anti-TIP Legislation -------------- ¶5. (SBU) Speaking with a legislative staffer March 8, Embassy political specialist reported that the bill before the Assembly will include the following provisions: A) The police will no longer need a victim's statement to investigate TIP crimes; B) Victims who make police statements will have immunity from prosecution; C) Victims will be indemnified; D) Sexual tourism will be penalized; E) Increased sanctions for TIP crimes; and F) Anti-child pornography will be penalized, especially internet child porn. The legislation is due for a second debate soon. It can become law only after three debates, so further improvements could be made before then, the legislators said. (Comment: Embassy political specialist learned from a MOGJ source that MOGJ is drafting a more general anti-TIP legislative proposal. Embassy will ensure that the drafters have access to the USG's model law. The GOP also has proposed changes to Immigration statutes to eliminate the "Alternadora" visa, used by entertainers and sex workers. End comment.) Meeting with MOGJ and PNP -------------- ¶6. (SBU) DCM McMullen and POL Counselor met with PNP chief Bares, National Security Chairman Ramiro Jarvis, and MOGJ Escalona on Friday, March 5, at Escalona's request. POL Counselor briefed the officials on minimum G/TIP requirements and on the likelihood that in June 2004 Panama would be listed as out of compliance with minimum standards for the first time. Escalona informed us that that week the GOP had formed a high-level anti-TIP working group to coordinate anti-TIP initiatives among MFA, MOGJ, the Legislative Assembly, Immigration, and Ministry of Youth, Family, and Minors and had launched a 45-day action plan to produce rapid results. PNP Chief Bares said he had just returned from a visit to Colombia where he had met with top Colombian police officials to discuss how Panama and Colombia would coordinate cross-border anti-TIP activities. Escalona said Panama President Mireya Moscoso, as a woman head of state, was particularly troubled that Panama had not yet taken effective anti-TIP actions and therefore could be cited in the G/TIP report. "Just tell us what you want us to do on TIP and we'll do it," Escalona said. Bares informed EmbOff March 9 that he had appointed a retired PNP officer to head an internal anti-TIP group within the PNP. Information from Dominican Republic -------------- ¶7. (SBU) Saying that Embassy was disturbed by reports from the Dominican Republic Foreign Ministry via G/TIP that a Panamanian diplomatic official was facilitating the trafficking of Dominican women to Panama (See Ref B),DCM passed the official's name to Escalona. Glancing at the name, Escalona replied that the official in question, former Consul General Otilio Miranda Melendez, had been fired and left the DR months ago. Escalona did not specify why Miranda had been fired. (Comment: Further research by Embassy political specialist revealed that Miranda had been fired six months ago on September 3, 2003 by Executive Decree 211. Escalona has asked Foreign Minister Arias to update MFA's webpage which still lists Miranda as CG. End Comment.) MOGJ Acts -------------- ¶8. (SBU) Following up on the March 5 meeting, POL Counselor spoke with MOGJ Escalona on Monday, March 8 to reiterate that while Friday's news regarding anti-TIP GOP activities was very good, concrete and public actions (such as statements, arrests, victim sanctuaries, etc.) are much better. Escalona replied that he expected to make a public statement on TIP that day and that arrests would follow. Escalona, accompanied by PNP Bares, appeared later in a March 8 news conference in which he announced to the public media, including television news, that the GOP had ordered a series of "energetic measures" against TIP and would investigate and break up TIP rings, pass more effective anti-TIP legislation, and collaborate with other countries to close down TIP. Escalona said a new victims hotline is operating and he encouraged victims to come forward to denounce their tormentors. COMMENT -------------- ¶9. (SBU) The GOP has introduced, in little over a week, a breathtaking array of anti-TIP plans and measures, which will make parts of our G/TIP report input obsolete (Ref A). Our message on TIP has clearly gotten through to the GOP. We will report changes and new developments on TIP as they occur. Embassy will remain vigilant to ensure that the new GOP measures and actions bring real results. WATT