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. -------------- 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 -------------- 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