VENEZUELA'S SIXTH ANNUAL TIP REPORT SUBMISSION

UNCLAS CARACAS 000523

SIPDIS

SENSITIVE
SIPDIS

DEPT FOR G/TIP, G, INL, DRL, PRM, IWI, WHA/PPC

E.O. 12958: N/A
TAGS: KCRM PHUM KWMN ELAB SMIG ASEC KFRD PREF
SUBJECT: VENEZUELA'S SIXTH ANNUAL TIP REPORT SUBMISSION

REF: A) STATE 3836 B) 05 CARACAS 624


1. (SBU) The following is post's input (ref A) for the sixth
annual anti-trafficking in persons report (TIP). Political
officer LaTranda Martin is Embassy,s point of contact.
Telephone: 58-212-907-8531; Fax: 58-212-907-8033; Email:
martinls@state.gov. Hours spent compiling the report: 31.


2. (SBU) Post's sources of information are generally reliable
but largely unable to provide concrete or comprehensive
information about the TIP problem in Venezuela. Examples of
trafficking cited in the report were collected separately at
different ministries, agencies, and offices and therefore may
not be an exhaustive. In preparation for the report, Poloff
interviewed the following Venezuelan government officials:
Crosby Plaza, Third Secretary for the Office of International
Crime, Drugs and Corruption at the Ministry of Foreign
Affairs (MFA); Criminal Investigative Police (CICPC) Interpol
Division Commissioner Henry Matos; and Lilian Aya Ramirez,
Director of the Crime Prevention Unit at the Ministry of
Interior of Justice (MIJ); National Women's Institute
(INAMUJER). David Palis and Luis Jansen who provided useful
information during 2005 are no longer working in the Office
of the Prosecutor.


3. (SBU) The Embassy also contacted the following
International organizations: UNICEF, UNHCR and the
International Office of Migration (IOM). Non-governmental
organizations (NGOs) consulted were For the Rights of
Children and Adolescents (CECODAP),Association Civil for the
Well-being and Reciprocal Assistance of Women (AMBAR); (not
for distribution) The Coalition Against Trafficking in Women
(CATW); and (not for distribution) Gladys Madriz, Director of
Nina Madre.


4. The following paragraphs respond to questions raised in
ref A.

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Paragraph 21 - Overview
--------------


A. (SBU) There are no official statistics on the magnitude of
the TIP problem in Venezuela. However, Bolivarian Republic
of Venezuela (BRV) officials and non-governmental
organizations believe persons trafficked to or through
Venezuela likely originate from China, Colombia, Ecuador,
Peru, and the Dominican Republic. In 2005, the CICPC
Interpol Division reported working on three cases of women,
children, and adolescents trafficked to and through Venezuela
for commercial and sexual labor purposes. One case involved
13 women of undetermined nationality transiting from
Venezuela en route to Spain with fraudulently obtained
Venezuelan travel documents. Based on two of the CICPC,s
cases during the year, destination countries for trafficking
victims include Spain and Holland. Officials at the MFA and
MIJ suggest other destination countries might also include
Mexico, Aruba, the Netherlands, the Dominican Republic,
Germany and Italy. The Crime Prevention Unit, with support
from INAMUJER and AMBAR, plans to initiate a study in 2006 to
determine the extent of Venezuela,s trafficking problem.


B. (SBU) From dispersed and anecdotal information gathered
from the BRV, international organizations and
non-governmental organizations, it appears that Venezuela,
like other Latin American countries, is likely a country of
origin, transit and destination for trafficked persons. BRV
officials maintain that poverty serves as the catalyst for
human trafficking. Women and children, living in
economically depressed regions, are believed to be more
vulnerable to trafficking than men.
There are also rumors that some organized crime groups are
involved in trafficking humans to and through Venezuela.
However, Crime Prevention Unit's Director Ramirez says most
victims are either trafficked by relatives or acquaintances.
Victims are also recruited through newspaper and printed
advertisements that promise lucrative job offers in foreign
countries, according to Plaza. Two such advertisements
appeared in local newspapers during the year, the most recent
in December 2005. MFA Third Secretary Plaza said the MFA was
aware of the advertisements, but mentioned no definitive BRV
plans to prevent or discourage this recruitment technique.
The (BRV,s) National Public Awareness Campaign, launched
December 2005, seeks to increase public awareness of all
types of trafficking recruitment tactics, including
misleading newspaper advertisements.


C. (SBU) In practice, there are no special limitations on the
government's ability to address the TIP problem. While the
government has resources to devote to the problem, the police
and other enforcement officials are often underfunded. It
also appears that official corruption at all levels is a
persistent and extensive problem within Venezuela.


D. (SBU) Ministerial Resolution No. 61 published on March 4,
2005 establishes the MIJ,s Crime Prevention Unit as the
ministerial focal point for combating human trafficking on
the national level. The Crime Prevention Unit,s 24
coordinating offices, one in each state throughout the
country, are tasked with supplying the MIJ with information
on trafficking victims, arrests and prosecutions in their
respective states. The Crime Prevention Unit then makes this
information available to members of the government's
interagency anti-TIP working groups. It is difficult to
assess the quality and quantity of the MIJ,s data as the
information is not publicly available either from government
sources nor NGO (regional and international) organizations.

--------------
Paragraph 22 -- Prevention
--------------


A. (SBU) The BRV acknowledges that trafficking is a problem
in Venezuela but indicates it has no statistical data to
determine the extent of human trafficking to and through
Venezuela. BRV officials indicate they believe that the
majority of trafficking victims are transited to Venezuela en
route to a third country rather than as a final destination.
Between 2005 and 2006, INAMUJER and AMBAR reported a total of
two cases of internal and international trafficking. In the
case reported by AMBAR, the victim, a Colombian national,
claims she was assisted in obtaining a Venezuela document of
identification with assistance from a CICPC commissioner.


B. (SBU) Government agencies involved in the anti-trafficking
working group include the Ministry of Foreign Affairs,
Ministry of Interior and Justice, the Ministry of Defense,
the Ministry of Education, the Ministry of Health and Social
Development, the Ministry of Labor, the Ministry of
Communication and Information, the Women's Rights Ombudsman,
the National Institute (INAMUJER),the Children's and
Adolescent,s Rights Council, staffers from the National
Assembly and the National Statistics Institute. The MIJ's
Crime Prevention Unit was designated to lead the working
group's anti-trafficking efforts in 2004.


C. (SBU) In December 2005, the BRV launched a national
anti-trafficking campaign. Ramirez estimates more than 70
anti-trafficking posters have been placed throughout the
Simon Bolivar International Airport, and in metro cars and
stations throughout Caracas. A radio campaign can reportedly
be heard daily on Venezuela,s government-owned frequencies,
and four different anti-trafficking messages are aired on
channels 2,4,8 and 10. (Note: Although Poloff has seen these
messages on the television in the Crime Prevention Unit, she
has not seen them on Venezuelan network stations.) Members
of the anti-TIP working group say the objective of the
National TIP campaign is to increase public awareness and
understanding of trafficking in persons as a crime and human
rights violation, to caution potential victims and make them
more aware of recruitment techniques employed by traffickers,
and to offer assistance for existing victims. The MIJ's toll
free crime hotline, 0800-contigo, is not dedicated
specifically to trafficking in persons or to providing victim
assistance. Ramirez assured, however, that personnel were
trained to properly manage trafficking cases and ensure the
information is forwarded to the appropriate law enforcement
and ministerial officials.


D. (SBU) In 1999, the government passed the National Law of
Equal Rights, which guarantees women equal access to social,
political and economic opportunities. Governmental
organizations INAMUJER and the Women's Right's Ombudsman are
responsible for ensuring that these rights are not violated
and if necessary, providing recourse for acts of gender
discrimination. The government supports no specific programs
to prevent trafficking but continued to support the Women's
Bank during 2005. The Women,s Bank provides roughly 40,000
women with business and empowerment training and offers
small-scale financing for micro-enterprises managed by women.
INAMUJER's free women's hotline for domestic violence
reported one case of internal trafficking during 2005.


E. (SBU) International Organizations UNICEF and the IOM say
coordination with the BRV on TIPs issues improved during

2005. In August, UNICEF trained officials in the Ombudsman
Office on how to more effectively recognize and manage
trafficking in children and adolescent cases. In September
2005, UNICEF offered a similar type of training for law
enforcement officials in the Federal District of Caracas and
Miranda State. Between September and November 2005, the IOM
provided 7,000 anti-TIP brochures to the MFA, which were
distributed to Venezuelan consulates abroad, and members of
the anti-TIP working group.

Although the government has made some efforts to incorporate
civil society groups into the national plan for combating
TIPs, the relationship continued to be relatively weak during

2005. NGOs Nina Madre and AMBAR say the government has not
allocated a sufficient amount of its available financial
resources to developing a national infrastructure for
assisting victims (i.e., shelters, victim assistance
hotlines, hospitals etc.) To its credit, the Crime
Prevention Unit has negotiated, on AMBAR,s behalf, for the
use of a government-owned building in the poor, Caracas
neighborhood of 23 de Enero. AMBAR will utilize the building
for "A House and A Home" project funded through a USD 129,375
grant from INL.


F. (SBU) Venezuela's borders are porous, extensive and
traverse, isolated areas. Due to corruption and poor
training among immigration, customs and National Guard troops
along the border, Venezuela does not adequately monitor its
borders. The use of laptops by government officials in the
immigration area of Caracas, international airport is an
increasing phenomenon. While some relevant data could
potentially be stored and retrieved on these systems, these
computers do not feed into a national immigration database.


G. As noted above, the government's anti-trafficking work
group consists of Ministry of Foreign Affairs, Ministry of
Interior and Justice, the Ministry of Defense, the Ministry
of Education, the Ministry of Health and Social Development,
the Ministry of Labor, the Ministry of Communication and
Information, the Women's Rights Ombudsman, the National
Institute (INAMUJER),the Children's and Adolescent's Rights
Council, staffers from the National Assembly and the National
Statistics Institute. The Crime Prevention Unit was
designated in 2005 to serve as the mechanism for coordination
between various agencies. The Crime Prevention Unit,s 24
coordinating offices, one in each state throughout the
country, are tasked with supplying the MIJ with information
on trafficking victims, arrests and prosecutions in their
respective states. The government does not have a public
corruption task force.


H. (SBU) In January 2004, the MFA created a 22-person
interdepartmental working group that meets approximately once
a month to coordinate its efforts to combat trafficking in
person. In 2004, the committee completed the National Action
Plan to combat trafficking in persons in Venezuela. During
the past year, the interdepartmental working group focused on
preparing the BRV's position for the OAS TIP Summit scheduled
to take place in Margarita Island on March 14-17. In advance
of the Summit, Plaza says the MFA plans to launch a new
anti-trafficking campaign on the government,s Telesur
network.

--------------
Paragraph - 23
--------------


A. (SBU) Article 16 of the Organic Law Against Organized
Crime passed in September 2005 makes trafficking in persons
punishable by 10 to 15 years in prison or 10 to 18 years if
the victim is a child or adolescent. (Note: Under
Venezuelan law a child is considered to be anyone under 12
years old, while persons 12 to 17 are considered
adolescents.) Articles 52-59 of the Naturalization and
Immigration Law in force since November 20, 2004 makes
exploiting illegal labor, falsely promising an employment
contract to encourage immigration to another country, or
encouraging illegal immigration or smuggling to/through/from
Venezuela punishable by four to eight years in prison. If
immigrant smuggling is done for profit, or using violence,
intimidation or fraud the sentence increases to eight to ten
years. If a victim,s life or health is endangered, then the
range of punishment increases by an additional 50 percent.
The law punishes a public servant who encourages, through
actions or omissions, the fraudulent entry or exit of a
person, with four to eight years in prison and exclusion from
public service for 10 years. The law does not include
internal forms of trafficking. Laws against forced
disappearance and kidnapping, punishable by two to six
years, imprisonment can be used to prosecute traffickers.
In the case of children the Organic Law to Protect children
and adolescents (LOPNA),with fines if one to 10 months,
salary for trafficking in children can also be used. The
BRV reported no prosecutions during 2005 but according to the
CICPC, four individuals are awaiting prosecution for their
involvement in trafficking cases during 2004 and 2005. One
of these individuals is in prison and three others are free
on conditional release.


B. (SBU) The Naturalization and Migration Law does not
specifically differentiate between trafficking of people for
sexual exploitation and for labor exploitation. However, the
recently passed Organized Crime Law makes trafficking of
persons and smuggling for labor and sexual exploitation
punishable by a sentence of 10 to 15 years if the victim is
an adults or 10 to 18 years if the victim is a child or
adolescent.


C. (SBU) According to the Organic Law to Prevent Violence
Against Women and the Family, passed in 1998, forcible sexual
assault is punishable by eight to 14 years in prison. The
LOPNA makes trafficking in children punishable by fines of
one to 10 months, salary and the Organized Crime Law makes
it punishable by 10 to 18 years in prison. There is no
specific law that prohibits trafficking women for sexual
purposes, so the penalties cannot be compared.


D. (SBU) Prostitution is neither illegal nor formally
legalized. Article 382 of the Penal Code makes facilitating
prostitution or the corruption of minors, as is the case for
brothel owners or pimps, punishable by three to 12 months,
imprisonment. If the offense is repeated, the sentence is
increased to three to 18 months. The Ministry of Health
provides pink identification card for prostitutes, which
documents whether or not they are infected with sexually
transmitted diseases. While there exists a National Sex
Workers Trade Union, it was denied official recognition by
the BRV in 1999.


E. (SBU) The government did not report any prosecutions
during 2005 (see paragraph A above). In principle, the
government can provide this information, but historical and
current institutional inefficiency among government agencies
throughout the country hinders a coordinated flow of
information. There is no national crime statistics database
for TIP.


F. (SBU) While it is rumored by some government officials
that organized crime groups are responsible for trafficking
humans to and through Venezuela, Ramirez counters that most
victims are either trafficked by relatives or acquaintances.
Victims are also recruited through newspaper and printed
advertisements that promise lucrative job offers in foreign
countries, according to Plaza. Two such advertisements
appeared in local newspapers during the year, the most recent
in December 2005. Plaza said the MFA was aware of the
advertisements but mentioned no definitive BRV plans to
prevent or discourage this type of recruitment technique.
The BRV,s National Public Awareness Campaign, launched
December 2005, seeks to increase public awareness of all
types of trafficker recruitment tactics, including misleading
newspaper advertisements.


G. (SBU) The CICPC Interpol Division investigates cases of
trafficking through interviews and forensic evidence if
available. Intrusive, sophisticated and covert operations
are restricted or prohibited by law.


H. (SBU) In the past, training on awareness and recognition
of trafficking in person had been provided to some Venezuelan
consular officers, MIJ employees and prosecutors. In August,
UNICEF trained officials in the Ombudsman's Office on how to
more effectively recognize and manage trafficking in children
and adolescents. In September 2005, UNICEF offered a similar
type of training for law enforcement officials in the Federal
District and Miranda State. During the year, the Crime
Prevention Unit trained approximately 1,366 law enforcement,
immigration, national guard and government officials in the
states of Anzotegui, Merida, Miranda, Tachira, Vargas,
Barinas, Lara and Nueva. At the end of each training module,
Ramirez explained, a questionnaire was distributed to obtain
feedback that would be utilized to determine which aspects of
the module needed to be improved and which were effective.


I. (SBU) The CICPC cooperated with the Spanish, Colombian and
Peruvian government on three cases of human trafficking
involving 14 women, four children and one adolescent that
were reported in 2005. In June 2005, the government arrested
one person for trafficking in persons after the Peruvian
Embassy in Caracas informed Interpol that two adolescents and
one young woman had been lured to the country with false
offers of gainful employment. Authorities placed the two
adolescents in juvenile homes where they were awaiting
repatriation at the year's end. The whereabouts of the third
victim were unknown. Between June and July 2005, 13 women
were trafficked to Spain for sexual exploitation. Spanish
authorities detained one of the 13 women for traveling on
false documents and returned her to Venezuela. The
whereabouts of the other 12 women were unknown at the year's
end. One of the two suspects, an official at the Spanish
embassy charged with selling fraudulent travel documents, was
in prison awaiting trial at the year's end. The other
individual, a dual Venezuelan-Spanish national, has not been
found. A red alert has been issued for his arrest in both
Venezuela and Spain. Between July and September 2005, CICPC
officials in Zulia State assisted in the investigation of a
trafficking case, which led to the repatriation of two
children and one adolescent who had been sold to a trafficker
for sexual exploitation in Holland.

Last year, family members reported to the CICPC that a young,
Venezuelan woman along with four other women from Venezuela's
interior had been trafficked to Chaguama Island, Trinidad and
Tobago by sea with false promises of employment. Interpol in
Sucre State is reportedly working with Interpol in Chaguama
to determine the whereabouts of these women and their
nationalities. No additional information was available on
this case at the year's end.


J. (SBU) The BRV did not extradite nor report having received
any request for extradition for traffickers. Venezuelan law
prohibits the extradition of a Venezuelan national. In 2004,
the Department of Homeland Security (DHS) worked with the
Venezuelan military intelligence (DIM) to arrest two Indian
nationals using Venezuela and Curacao to move people from
India and other countries with the United States often the
final destination. In December 2005, the Venezuelan
government officially expelled the suspects and both are
being held in a New York state prison on alien smuggling
charges, awaiting finalization of their plea agreements.


K. (SBU) There is no hard evidence of government officials
facilitating, being complicit in or condoning trafficking.
However, corruption among immigration, identification,
customs and border patrol officials is widespread and could
facilitate trafficking. Gladys Madriz maintained that in
Caracas, arresting individuals associated with the
trafficking of young girls and minors for sexual exploitation
is impossible since law enforcement officials often indulge
themselves in the exploitation of victims. AMBAR received a
case on February 2 of a Colombian adolescent who claimed she
entered the country illegal with assistance from an
acquaintance and obtained a cedula of identification with the
assistance of a commissioner at the CICPC. It has not been
determined if this is a trafficking or smuggling case.


L. (SBU). As noted, there is no hard evidence of government
officials facilitating trafficking. Should allegations or
accusations be made the government has a number of statutes
(discussed above) to base investigations or prosecutions.


M. (SBU) The government does not acknowledge a child sex
tourism problem. AMBAR and the Coalition Against Trafficking
in Women claim, however, that child sex tourism in Venezuela
is a problem, particularly in popular tourist destinations
like Margarita Island.


N.
--The National Assembly ratified ILO Convention 182 December
4, 2003
--ILO Convention 29 was ratified in 1944, and Convention 105
in 1964
--The Optional Protocol to the Convention on the Rights of
the Child (CRC) was signed September 7, 2000 and ratified May
8, 2002
--The Protocol to Prevent, Suppress and Punish Trafficking in
Persons, especially women and children, supplanting the UN
convention Against Transnational Organized Crime was signed
December 14, 200 and ratified May 13, 2002

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Paragraph 24
--------------


A. (SBU) All trafficking victims are supposed to be given a
physical and mental evaluation once recovered. Both the MIJ
and Child Protection Council reportedly have trained
psychologists and physicians who provide these examinations
free of charge. AMBAR and Nina Madre also provide these
services to victims as well. Venezuela does not have a
program to provide victim care and housing facilities. Local
NGO AMBAR, through financial assistance from Washington and
logistical assistance from the Crime Prevention Unit, is in
the process of opening a victim care facility in the poor,
Caracas neighborhood of 23 de Enero. Ramirez says victims
are welcome to take advantage of services offered by
Venezuelan "missions".


B. (SBU) The government does not fund foreign or domestic
NGOs for services to victims.


C. (SBU) The BRV did not report any screening or referral
process in place for detained or arrested victims.


D. (SBU) During 2005, CICPC reported one case where a victim
was deported back to Venezuela from Spain and later
imprisoned by Venezuelan officials for traveling on false
documents. The nationality of this woman is unclear and at
the year,s end, she had been released. CICPC says they are
working to determine the woman's nationality.


E. (SBU) No prosecution of traffickers were reported during
2005 so there is insufficient information to make a
determination. There is no program for restitution to
trafficking victims.


F. (SBU) The BRV does not provide protection for victims or
witnesses. One women,s shelter run by INAMUJER is available
for women victims of domestic violence but space is limited
to less than 30 women. Public facilities are available for
children, but the facilities are often inadequate with poorly
trained staff.


G. (SBU) During the year, the Crime Prevention Unit sponsored
more than 65 training modules on trafficking in persons and
illegal migration. Only two of those modules dealt
exclusively with trafficking in persons. As a result of
these programs, approximately 1,366 law enforcement,
immigration, National Guard and government officials in the
states of Anzoategui, Merida, Miranda, Tachira, Vargas,
Barinas, Lara and Nueva Esparta received training on
identifying trafficking in persons. The MFA continued to ask
consular officers abroad to report any cases of trafficking
during 2005; not one case was reported.


H. (SBU) Repatriated victims can make use of any services
provided by the BRV,s missions programs. Matos confirmed
that none of Venezuela's current laws advocate restitution
for victims of trafficking but said the CICPC is committed to
promoting the creation of such a law.


I. (SBU) AMBAR and Nina Madre both provide psychological,
social, medical and legal assistance to sexual workers,
including child prostitutes.
WHITAKER