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06DUBLIN262 2006-03-13 15:33:00 UNCLASSIFIED Embassy Dublin
Cable title:  

IRELAND - 2006 ANNUAL ANTI-TRAFFICKING IN PERSONS

Tags:   KCRM PHUM KWMN SMIG KFRD ASEC PREF ELAB EI 
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PP RUEHAG RUEHDF RUEHIK RUEHLZ
DE RUEHDL #0262/01 0721533
ZNR UUUUU ZZH
P 131533Z MAR 06
FM AMEMBASSY DUBLIN
TO RUEHC/SECSTATE WASHDC PRIORITY 6609
INFO RUCNMEM/EU MEMBER STATES PRIORITY
RUEHUJA/AMEMBASSY ABUJA PRIORITY
RUEHBJ/AMEMBASSY BEIJING PRIORITY 0106
RUEHBR/AMEMBASSY BRASILIA PRIORITY 0048
RUEHBM/AMEMBASSY BUCHAREST PRIORITY 0074
RUEHMO/AMEMBASSY MOSCOW PRIORITY 0222
RUEHRA/AMEMBASSY RIGA PRIORITY 0026
RUEHVL/AMEMBASSY VILNIUS PRIORITY 0029
RUEHBL/AMCONSUL BELFAST PRIORITY 0307
RUEHOS/AMCONSUL LAGOS PRIORITY 0033
RUEAWJA/DEPT OF JUSTICE WASHDC PRIORITY
RHEFHLC/DEPT OF HOMELAND SECURITY WASHINGTON DC PRIORITY
RUEHC/DEPT OF LABOR WASHDC PRIORITY
RUEATRS/DEPT OF TREASURY WASHDC PRIORITY
					UNCLAS SECTION 01 OF 14 DUBLIN 000262 

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SIPDIS

G/TIP
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INL
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IWI
EUR/PGI
STATE PLEASE PASS TO USAID

E.O. 12958: N/A
TAGS: KCRM PHUM KWMN SMIG KFRD ASEC PREF ELAB EI
SUBJECT: IRELAND - 2006 ANNUAL ANTI-TRAFFICKING IN PERSONS
(TIP) REPORT

REF: SECSTATE 03836

DUBLIN 00000262 001.2 OF 014




1. (SBU) Summary: The most significant trafficking development in
Ireland in 2005 was an increase in government attention to the problem.
The government formed a working group between the Department of Justice
and the police and wrote legislation bringing Ireland into conformity
with UN and EU regulations, which parliament likely will act on in 2006
The police launched several new investigations. These operations
include: Operation Quest II to investigate brothels, Operation Hotel to
coordinate action on trafficking on a nationwide basis, Operation Poppy
to investigate the use of falsified Irish passports for trafficking and
smuggling, and Operation Pentameter, a British operation the Irish
agreed to join. The police also continued to train their officers
about trafficking, including those in more rural areas. Public awarenes
of the problem also grew as parliament held a major hearing on the
issue, and media attention increased.

Growing attention to trafficking accompanies Ireland's increasing
awareness that its new wealth has brought significant demographic
changes and new social problems. Once a poor nation characterized by
large scale emigration, Ireland is now economically prosperous and an
attractive destination for thousands of asylum and employment seekers.
The unprecedented flow of people into Ireland has prompted the
government to address issues relating to border control, residency
rights, labor standards, and social inclusion.

There are no agreed figures on the number of trafficking cases in
Ireland in 2005, and the difficulty of counting was a focus of the
parliamentary hearing. The number of cases under police investigation i
in the single digits. NGOs estimate that the actual number of cases
might be slightly higher, with estimates ranging from 14 ) 20. One NGO
uses the looser definition of "presumed trafficking" and estimates the
number of cases to be about 35 per year ("70 in the last two years" is
the figure this NGO used in parliament.) NGOs are concerned with
two shifts in the sex industry in the last decade: the increase of
non-national women, who they believe are more easily exploited, and the
increasing tendency to move the sex trade off the streets and behind
closed doors where it is harder to detect. With that in mind, the
police launched Operation Quest 2 in 2005 with a focus on brothels.



2. (SBU) Post has engaged the Irish Government at the highest levels t
stress Ireland's role in fighting European and global trafficking. We
also have urged the government to develop a national action plan, and t
promote awareness through media campaigns. The Ambassador, DCM,
POL/ECON chief, and embassy political and economic officers discussed
trafficking with the Departments of Foreign Affairs and Justice, the
Health Service Executive, the Immigration Bureau, and local police as
well as numerous NGOs. Post will continue to urge the GOI and NGOs
to improve cooperation to identify, assess, and prosecute cases
of trafficking. End Summary.



3. (SBU) The following items are keyed off reftel. Overview of a
country's activities to eliminate trafficking in persons:


--------------------------

--

-- A. Is the country a country of origin, transit, or destination for
international trafficked men, women, or children? Specify numbers for
each group; how they were trafficked, to where, and for what purpose.
Does the trafficking occur within the country's borders? Does it occur
in territory outside of the government's control (e.g. in a civil war
situation)? Are any estimates or reliable numbers available as to the
extent or magnitude of the problem? Please include any numbers of
victims. What is (are) the source(s) of available information on
trafficking in persons or what plans are in place (if any) to undertake
documentation of trafficking? How reliable are the numbers and these
sources? Are certain groups of persons more at risk of being
trafficked (e.g. women and children, boys versus girls, certain ethnic
groups, refugees, etc.)?

DUBLIN 00000262 002.2 OF 014



While there are no official estimates of the numbers of trafficking
victims in Ireland, there are indicators and anecdotal evidence that
Ireland might be a country of limited destination and transit for
international trafficking victims. NGO estimates of actual trafficking
cases vary between about 14 and 20. In July, Ruhama, an NGO working wit
victims, released its 2003-2004 biennial report on trafficking. It said
that its case workers had met 70 women it "presumed" to have been
trafficked during the two-year period of the report. According to
Ruhama, most of their victims are identified as young women between 18
and 25 years of age. Ruhama reports that in identifying those most at
risk of being trafficked, it looks for the following indicators: fear,
evidence of control, recent arrival from Eastern Europe, Africa, Latin
America or Asia, lack of English skills, signs of bruising or battering
They said to parliament that some of the women they count as "presumed
trafficked" are women they know well; others are women with whom they
have had limited contact. Other indicators of concern to NGOs and the
Health Service Executive are situations of young women and minors with
no English skills or social contacts in Ireland provided with mobile
phones, unexplained money or clothes or directions to mysterious
drop-off points for taxis. Ruhama believes that trafficking in Ireland
is a more serious problem than senior government officials recognize.

Government officials work closely with Ruhama on the ground, but
disagree with Ruhama's numbers, in part because of Ruhama's counting
methodology. Police point to the results of Operation Quest (see our
2004 report), which they launched explicitly because of allegations of
trafficking in the lap dancing industry. They found no evidence either
when they ran the operation initially or when they ran a second series
of raids on lap dancing clubs in September 2005, interviewing another 7
women. The women were interviewed under protected conditions and with
interpreters. All claimed to be working in such clubs by choice. Many
remained in contact with police subsequently, but none alleged
trafficking. Police say that in addition to the operations and
investigations they run, they look into every case NGOs bring to their
attention and investigate any allegations of trafficking that they see
in the media. Understanding that some of the women who turn to NGOs
might be unwilling to pursue a legal case, the police have asked NGOs
to encourage the women to at least talk to the police on an informal
basis so that police can learn more about the situation. In 2005,
Operation Quest 2 began. This ongoing investigation is focused on
brothels. Since August, Operation Quest police raided 12 brothels in
Dublin and, according to press reports, are preparing "a number of
cases" for prosecution.

In 2004, the national police (Garda) and the Police Service of Northern
Ireland (PSNI) issued a joint report on organized crime throughout the
island (the Republic of Ireland and the UK area of Northern Ireland)
with results of their investigation into trafficking. The police
services concluded that there is no indication of a present danger of
human trafficking, but there are clear indications of smuggling, most
typically from Northern Ireland to the Republic of Ireland, and
violations of labor and immigration law.

In regards to trafficking for labor exploitation, the Migrant Rights
Center of Ireland says that it has no concrete numbers, but sees
non-nationals from Bangladesh, India, Pakistan, Ukraine, and Moldova on
a weekly basis who may be trafficking victims. It is uncertain if such
victims were trafficked or if their employers are guilty of
non-trafficking labor violations.

In February, an official with the Health Services Executive (HSE)
commented on a recent trend in relation to suspicions of trafficking of
children. According to her, since October, eight Romanian minors, who
entered Ireland on late or weekend flights and were referred to the HSE
disappeared before the HSE could provide social services to them.
Typically, in such cases, HSE suspects smuggling for the purposes of
family reunification. However, simultaneously, the HSE has noticed a

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similar pattern of unaccompanied Somali children entering Ireland. In a
interview with one of the children, the HSE learned that the child's
parents paid for him to enter Ireland for the purpose of underage labor

-- B. Please provide a general overview of the trafficking situation in
the country and any changes since the last TIP Report (e.g. changes in
direction). Also briefly explain the political will to address
trafficking in persons. Other items to address may include: What kind
of conditions are the victims trafficked into? Which populations are
targeted by the traffickers? Who are the traffickers? What methods ar
used to approach victims? (Are they offered lucrative jobs, sold by
their families, approached by friends of friends, etc.?) What methods
are used to move the victims (e.g., are false documents being used?).

Police and NGOs report little change in the trafficking situation in
2005 as compared to 2004. They confirm that the women they talked to
during Operation Quest tended to be on a European circuit. Those from
new EU states can enter without a visa. Police believe many enter from
Northern Ireland and stay in one location for six to nine months before
circulating to another European country. When interviewed, they
indicated that they traveled voluntarily. To a lesser extent, people
travel from Africa, South America and Asia. The traffickers are
presumed to be agents who facilitate the movement of the victims, and
arrange for their employment and accommodation in brothels. The
traffickers, or pimps, also reportedly solicit clients via text and
voice mobile phone contacts and the use of the Internet. Garda National
Immigration Bureau (GNIB) officials suspect some use of fraudulent
documentation in cases involving victims from West Africa and non-EU
East European nations.

-- C. What are the limitations on the government's ability to address
this problem in practice? For example, is funding for police or other
institutions inadequate? Is overall corruption a problem? Does the
government lack the resources to aid victims?

Immigration into Ireland, including illegal immigration, is a relativel
new phenomenon, so the government has only recently put into place the
necessary staff, resources, and procedures to deal with this increased
flow. Beyond basic budgetary concerns, there is no unique limitation of
resources to address trafficking. Irish police and border authorities
are competent and well-run. Various sources from government to
non-governmental officials report that the legislation needs to be
updated. Current law does not clearly define trafficking but rather
merges trafficking and smuggling. This complicates efforts to count
trafficking cases. Moreover, the law was drafted with smuggling in mind
According to the GOI, new legislation has been drafted that will bring
Ireland into conformity with UN, EU and COE regulations, and give
police more precise legal tools. GOI officials say it likely will
be introduced to parliament in 2006.

-- D. To what extent does the government systematically monitor its
anti-trafficking efforts (on all fronts -- prosecution, prevention and
victim protection) and periodically make available, publicly or
privately and directly or through regional/international organizations,
its assessments of these anti-trafficking efforts?

The government describes its efforts to monitor trafficking as many
faceted. It is actively engaged in international organizations dealing
with trafficking, including the UN, EU, and OSCE; works bilaterally wit
countries that are transit or source countries of the sex industry; and
works closely with Irish NGOs. The GNIB works under the Irish National
Police but carries out its immigration functions on behalf of the
Minister of Justice. This system ensures a sharing of information
among immigration policy makers, immigration officers, and national
police. A GNIB representative, in addition to representing Ireland at
the EU Border Agency in Warsaw, participates in an information-sharing
forum of NGOs working to combat trafficking and to deter violence
against women. The government does not specifically track, and

DUBLIN 00000262 004.2 OF 014


therefore does not publish, trafficking statistics. In October, at
Post's suggestion, the government established an anti-trafficking
working group. This group includes officials from the Department of
Justice, Equality and Law Reform, and the police.

PREVENTION:


--------------------------



-- A. Does the government acknowledge that trafficking is a problem in
that country? If no, why not?

The Irish Government acknowledges that there is anecdotal information
about Ireland as a possible destination and transit country for
trafficking. It has not found evidence that the problem presently
exists in any measurable scale. It actively investigates allegations of
trafficking.

-- B. Which government agencies are involved in anti- trafficking
efforts and which agency, if any, has the lead?

Agencies of the Irish National Police (Garda) are primarily responsible
for operational anti-trafficking efforts. The Department of Justice
creates trafficking legislation and provides support to the police. The
Garda National Immigration Bureau is responsible for all matters
pertaining to immigration. Within the National Support Services, the
National Bureau of Criminal Investigation has responsibility for
investigations of trafficking in human beings.

In conjunction with the GNIB, the Departments of Justice and Foreign
Affairs participate in regional and international conferences on
trafficking. The Department of Foreign Affairs also is engaged through
development assistance, EU, COE and OSCE obligations, and the
co-sponsorship of resolutions at the UN and UNHCR.

-- C. Are there, or have there been, government-run anti- trafficking
information or education campaigns? If so, briefly describe the
campaign(s), including their objectives and effectiveness. Do these
campaigns target potential trafficking victims and/or the demand for
trafficking (e.g. "clients" of prostitutes or beneficiaries of forced
labor).

In February 2006, the Irish government announced that it would join the
UK's Operation Pentameter, a law enforcement effort that targets
organized criminal gangs that are involved in trafficking. One part of
the operation will be a poster campaign in different languages designed
to encourage the victims of sex trafficking to call a help-line. The
effort will also request men who use prostitutes to report, on a
confidential basis, if they come across women they believe

SIPDIS
are being held against their will.

This a welcome first step, and Embassy officials continue to urge the
government to launch a concerted public information campaign against
trafficking, citing the government's effective public information
campaigns against drunk driving and HIV/AIDS as good examples. In
September 2004, the Irish Department of Justice and the national police
launched a website, http://ie.missingkids.com, dedicated to locating
missing children, most of whom are non-nationals and arrived in
Ireland as unaccompanied minors seeking asylum. The main police
website, http://www.garda.ie/angarda/missing.html, also provides a list
of missing individuals, most of whom are non-national, young and
otherwise vulnerable for trafficking.

Recently, one of the Ruhama staff members moved from her position as a
case worker with prostitutes to full time media work. Her new task is t
increase the awareness of the issue of trafficking in Ireland. She
actively campaigns against lap- dancing clubs and conducts interviews
through a variety of media outlets. Her campaign has resulted in the
increase of trafficking awareness in Ireland. Police say they actively

DUBLIN 00000262 005.2 OF 014


investigate allegations made in the media.

-- D. Does the government support other programs to prevent trafficking
(e.g., to promote women's participation in economic decision-making or
efforts to keep children in school.) Please explain.

In 2005, the International Organization of Migration (IOM) organized a
training conference on trafficking in Dublin which brought together
representatives of border guards, customs officials and immigration
liaison officers from 13 European countries as well as Irish officials.
One of the key speakers of at this conference was an official with the
government's Health Service Executive, head of the Unaccompanied Minors
Section, who spoke on the "Identification and Protection of Child
Victims of Trafficking." She also traveled to Nigeria on an IOM-funded
trip to discuss trafficking with Nigerian government officials.

The Irish Government co-funds IOM's "Return and Reintegration" program,
which is designed to reunite families divided by migration. The Garda
established a Garda Racial and Intercultural Office to train the police
to effectively interact with the new minorities that have immigrated to
Ireland in recent years. The training focuses on gaining the trust of
minority communities and encouraging community members to approach the
police and report crime.

The UNHCR's representative in Ireland recently cited "Ireland's
leadership during the recent OSCE expert meeting on trafficking and
child victims" and said this "is an indication of how the issue is seen
as a growing concern and how Ireland is willing to be at the forefront
in examining and trying to address it."

-- E. What is the relationship between government officials, NGOs, othe
relevant organizations and other elements of civil society on the
trafficking issue?

All NGOs report excellent working relationships with the police and the
government, with whom they deal on a regular basis. Police and
Immigration officials regularly refer potential victims of trafficking
to various NGOs. NGOs, while desiring more comprehensive legislation,
strongly commend the initiative of individual law enforcement and
government officials, and salute cooperation with the government,
especially at the operational level. Most NGOs felt that the governmen
would not take more action unless trafficking became more prevalent and
public concern grew. All NGOs agreed the government should provide more
victim support to trafficking victims and more support and supervision
for unaccompanied minors.

The Immigration Division of the Department of Justice, Equality and Law
Reform works closely with the GNIB to combat illegal immigration. To
facilitate the tracking of potential victims, the GNIB shares its
immigration database with local police precincts and a UK immigration
official posted to the GNIB headquarters. Cooperation and coordination
with NGOs takes place through direct contacts between the Irish
government and the relevant NGOs. Ireland en Route (IER) is a loose
network of government agencies, NGOs, academics and other experts who
meet three times per year to communicate on topics such as training for
police, EU and domestic legislation, best practices and other
trafficking issues. It is not a national action plan or task force, but
does facilitate the coordination of anti-trafficking efforts.

The Department of Justice, Equality and Law Reform consulted widely wit
transportation companies prior to the introduction of legal sanctions i
the Immigration Act, 2003. This Act followed the 2001 creation of a
voluntary Code of Practice with the Irish Road Haulage Association to
encourage greater vigilance in ensuring that covert passengers were not
present in vehicles arriving in Ireland.

-- F. Does it monitor immigration and emigration patterns for evidence
of trafficking? Do law enforcement agencies screen for potential

DUBLIN 00000262 006.2 OF 014


trafficking victims along borders?

Yes, the government monitors its borders and immigration and emigration
patterns for evidence of trafficking, and law enforcement agencies
respond appropriately to such evidence. Immigration officers are presen
at all air and seaports within the state. In 2003, a new information
technology system equipped with a passport reader and facial recognitio
technology was introduced to allow immigration officers at the border t
link-up with a database at GNIB headquarters in Dublin. Immigration
officials also take fingerprints of most visitors entering the country
who have entry visas. Ireland has a land border with Northern Ireland
that is difficult to monitor due to numerous unmanned crossing points,
and police on both sides of the border say this is the predominant
crossing point for illegal immigrants. An estimated 12,000 illegal
movements take place at the border with Northern Ireland every year.
Immigration officers from the GNIB and from local districts monitor
certain crossing points periodically.

-- G. Is there a mechanism for coordination and communication between
various agencies, internal, international, and multilateral on
trafficking-related matters, such as a multi- agency working group or a
task force? Does the government have a trafficking in persons working
group or single point of contact? Does the government have a public
corruption task force?

Ireland's international and multilateral coordination on trafficking
occurs primarily through its participation in the EU, UN, OSCE, and COE
The Department of Foreign Affairs has the lead, and coordinates
Ireland's participation with all relevant ministries. Internally, there
are several coordination mechanisms, some formal and others informal.
In 2005, the government named an official in the Department of Justice
to lead a working group, bringing together all offices in DoJ and the
police with a role in countering trafficking. Operation Hotel, launched
in 2005, is designed to improve nationwide law enforcement cooperation
on trafficking. De facto law enforcement coordination exists as a resul
of the multiple functions of the GNIB. The GNIB works under the
direction of the Garda, but its immigration function is carried out on
behalf of the Minister of Justice. This ensures constant contact
between immigration policy makers, immigration police and regular
police. At the policy level, officials from different agencies
coordinate their actions on an as-needed basis.

-- H. 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 action plan?

The government does not currently have a plan exclusively to address
trafficking.

INVESTIGATION AND PROSECUTION OF TRAFFICKERS:


--------------------------



For questions A-D, posts should highlight in particular whether or not
the country has enacted any new legislation since the last TIP report.

-- A. Does the country have a law specifically prohibiting trafficking
in persons--both trafficking for sexual exploitation and trafficking fo
non-sexual purposes (e.g. forced labor)? If so, what is the law? Does
the law(s) cover both internal an external (transnational) forms of
trafficking? If not, under what other laws can traffickers be
prosecuted? For example, are there laws against slavery or the
exploitation of prostitution by means of coercion or fraud? Are these
other laws being used in trafficking cases? Are these laws, taken
together, adequate to cover the full scope of trafficking in persons?
Please provide a full inventory of trafficking laws, including civil
penalties, (e.g., civil forfeiture laws and laws against illegal debt).


DUBLIN 00000262 007.2 OF 014


There are presently five Laws that deal with trafficking in persons -
The Immigration Act 2003, The Illegal Immigrants (Trafficking) Act,
2000, The Child Trafficking and Pornography Act, 1998, The Proceeds of
Crime Act, 1996 and The Criminal Law (Sexual Offenses) Act of 1993.
Under current Irish law, "trafficking" encompasses both smuggling and
trafficking.

The Immigration Act requires carriers operating aircraft, ferries, or
other vehicles bringing persons to Ireland from any area except the
Common Travel area between Ireland and the UK, to ensure that those
passengers are in possession of the necessary immigration documentation
The Act provides for a fine for passengers traveling with inadequate
documentation.

In addition, the Act requires Government Departments, local authorities
health boards, the police, and the Refugee Applications determination
bodies to share information on non-nationals, including applicants for
refugee status, in order to ensure compliance with laws relating to
their entry, residence, and removal from the State.

The Illegal Immigrants (Trafficking) Act, 2000 made it an offense for a
person to organize or knowingly facilitate the entry into the State of
person whom he knows to be, or has reasonable cause to believe to be, a
illegal immigrant or person who intends to seek asylum. While this law
more correctly describes smuggling, a trafficker would also be subject
to this law. Section 2 of this Act would apply most readily to
traffickers, as it specifically prohibits bringing in illegal immigrant
for the financial gain of those facilitating the entry. The penalty on
conviction of indictment for this offense is an unlimited fine, or up t
10 years imprisonment, or both. The penalty for a guilt plea, however,
is a maximum of 12 months incarceration and a fine not to exceed euro
1,500.

The Child Trafficking and Pornography Act makes it an offense, inter
alia, to organize or knowingly facilitate the entry into, transit
through, or exit from the State of a child for the purpose of sexual
exploitation, or to provide accommodation to such a child while in the
State. The maximum penalty is life imprisonment.

The Proceeds of Crime Act allows for the confiscation of assets of thos
involved in criminal activity, including trafficking in people. In
addition, the assessment of tax liability on the illegal earnings may b
pursued.

The Criminal Law (Sexual Offenses) Act of 1993 prohibits and penalizes
those found soliciting or importuning for the purpose of prostitution.
The act also penalizes those controlling or directing the activities of
a prostitute, organizing prostitution by controlling or directing the
activities of more than one prostitute for the purpose of prostitution,
or compelling or coercing a person to be a prostitute.

The Department of Justice, Equality and Law Reform is currently in the
stages of drafting and updating laws against trafficking that promise t
be more comprehensive. Officials hope to have the new legislations
passed by the end of 2006. The laws, if passed, will make it a crimina
offense to traffic children into or out of Ireland for the purpose of
labor or sexual exploitation and will also focus on the liability of
carriers in their transport of such victims.

-- B. What are the penalties for traffickers of people for sexual
exploitation? For traffickers of people for labor exploitation?

The one crime of trafficking covers both offenses. If the circuit court
deals with a case, then the penalty can include up to a 1,500 euro fine
and 12 months in jail. If a case is appealed to the district court, the
the penalty is a maximum of ten years imprisonment. There is no cap on
the fine.


DUBLIN 00000262 008.2 OF 014


-- C. What are the penalties for rape or forcible sexual assault? How
do they compare to the penalty for sex trafficking?

Under Irish Law, the maximum sentence possible for rape is life
imprisonment (eight years is the average sentence), and the maximum
possible sentence for aggravated sexual assault is life imprisonment.
This is similar to the penalty for Child Trafficking as provided for in
the Child Trafficking and Pornography Act 1998.

-- D. Is prostitution legalized or decriminalized? Specifically, are th
activities of the prostitute criminalized? Are the activities of the
brothel owner/operator, clients, pimps, and enforcers criminalized? Ar
these laws enforced? If prostitution is legal and regulated, what is th
legal minimum age for this activity? Note that in many countries with
federalist systems, prostitution laws may be covered by state, local,
and provincial authorities.

Prostitution itself is not illegal under Irish law, but it is an offens
to solicit another person for the purposes of prostitution or to be
involved in organized prostitution. Brothels are illegal, but according
to police, are defined as establishments of two or more women made
available for prostitution. According to the police officer in charge
of Operation Quest, traffickers may be legally circumventing the
law by exploiting young women as prostitutes, one at a time per
apartment or flat, in eight to ten hour shifts.

-- E. Has the Government prosecuted any cases against traffickers? If
so, provide numbers of investigations, prosecutions, convictions, and
sentences, including details on plea bargains and fines, if relevant an
available. Are the traffickers serving the time sentenced: If no, why
not? Please indicate whether the government can provide this
information, and if not, why not? (Note: complete answers to this
section are essential. End Note)

In December 2004, Dublin courts sentenced a Portuguese man to prison fo
nine months and fined him 1,000 euro for attempting to traffic two
Brazilian women. He was the first person to be convicted of traffickin
in Ireland. In January 2005, the GNIB charged a Nigerian-born Irish
citizen under trafficking laws for attempting to bring 12 Mauritian
nationals into the country. In July, a judge sent the case to the
Circuit Criminal Court and his trial is listed for July 2006. The man
is currently released on a 10,000 euro bail bond. According to the
government, the available information indicates that the Mauritians wer
traveling to Ireland for the purpose of obtaining employment. It is
likely, that though charged with trafficking, the man may be prosecuted
for facilitating illegal entry/smuggling instead of trafficking.

In January, a journalist reported that a young woman approached the
police and revealed that she was held in a house and forced into
prostitution. According to the report, she also complained that her
passport was taken from her and kept by a man who lives among the
immigrant worker community. Police responded to her complaint and
searched the house of the man that the woman identified as her
trafficker. This search verified her complaint regarding her passport,
and the police instructed the man not to leave Ireland. The woman was
given alternative accommodation away from the investigation site.
According to the national police, this and other investigations of
trafficking are ongoing.

In February 2006, police raided a farm in a town in County Carlow that
was suspected of running a series of brothels via a call center
operation. This case is still under investigation.

-- F. Is there any information or reports of who is behind the
trafficking? For example, are the traffickers freelance operators,
small crime groups, and/or large international organized crime
syndicates? Are employment, travel, and tourism agencies or marriage
brokers fronting for traffickers or crime groups to traffic individuals

DUBLIN 00000262 009.2 OF 014


Are government officials involved? Are there any reports of where
profits from trafficking in persons are being channeled? (e.g. armed
groups, terrorist organizations, judges, banks, etc.)

The limited trafficking that may occur is believed to involve criminals
with international links. Some anecdotal reports indicate that agents
may be hired by lap dancing clubs to find young women from European sex
industry circuits and facilitate their entry into Ireland. NGOs report
that, though highly organized, there is no centralized trafficking.
There are no allegations of involvement by government officials.

A police official said that he suspects there may be some organized
criminal involvement in terms of trafficking victims to their
respective ethnic communities, such as Chinese Triad involvement
in the Chinese community. There is only anecdotal evidence to support
this.

-- G. Does the government actively investigate cases of trafficking?
(Again, the focus should be on trafficking cases versus migrant
smuggling cases.) Does the government use active investigative
techniques in trafficking in persons investigations? To the extent
possible under domestic law, are techniques such as electronic
surveillance, undercover operations, and mitigated punishment or
immunity for cooperating suspects used by the government? Does the
criminal procedure code or other laws prohibit the police from engaging
in covert operations?

The GOI does actively investigate alleged cases of trafficking. When
there is suspicion of trafficking, the Government responds
appropriately. Operation Quest was a case in point, in which police
thoroughly questioned those involved in raids to determine if they were
trafficking victims, and maintained contact in subsequent months.
Operation Quest resulted in the closings of several lap-dance clubs.
Even though the underlying motive for the investigations was suspicion
of trafficking, no victims claimed to be trafficked, and police
prosecuted only for work permit violations and prostitution violations.

In November police initiated Operation Hotel, an effort that, with
cooperative assets from the Criminal Assets Bureau, the police fraud
unit, the National Bureau of Criminal Investigations and the Garda
National Immigration Bureau, investigates allegations of trafficking
nationwide. Since its inception, police have arrested three individual
on non- trafficking related offenses. Police plan to merge the
activities of Operations Hotel and Quest in the near future.

Also, in 2005, police established Operation Poppy to prevent the illega
use of Irish passports in smuggling or trafficking instances. In one
case, investigations revealed the use of 13 Irish passports in efforts
to smuggle Romanians into the country.

-- H. Does the government provide any specialized training for
government officials in how to recognize, investigate, and prosecute
instances of trafficking?

The government provides training in country and sends officials to
seminars and conferences abroad. Some examples follow:

--Law enforcement personnel receive specialized training in
country, including from NGOs. Notably, Irish officials participated
in the previously mentioned Dublin IOM trafficking conference in
September.

--Irish law enforcement organizations take part in European-wide
conferences on the prevention of organized exploitation of women and
children and are part of the Interpol Working Group on Trafficking in
Human Beings. This group developed a manual of best practices for
investigators that provides practical guidelines for investigators and
structured way to locate advice on a specific issue

DUBLIN 00000262 010.2 OF 014



--In 2004, the Irish Department of Foreign Affairs sent officials to
attend the OSCE conference on "Ensuring Human Rights Protection in
Countries of Destination: Breaking the Cycle of Trafficking."

--Also in 2004, GOI officials attended the Curriculum Development on
Combating Trafficking in Human Beings at the Geneva Center for Security
Policy.

--I. Does the government cooperate with other governments in the
investigation and prosecution of trafficking cases? If possible, can
post provide the number of cooperative international investigations on
trafficking?

The GOI does cooperate with other governments in the investigation of
prosecution of trafficking victims. Ireland has established operational
cooperation with immigration and police authorities in the United
Kingdom, Spain, the Netherlands, and France, major transit points for
illegal immigration into Ireland, with a particular focus on
trafficking and smuggling activity. Garda liaison officers are also
assigned to Russia and China to interact with local law enforcement
authorities on immigration and trafficking matters. Additionally, the
GNIB liaises with carrier companies whose routes may be vulnerable to
traffickers.

-- J. Does the government extradite persons who are charged with
trafficking in other countries? If so, can post provide the number of
traffickers extradited? Does the government extradite its own national
charged with such offenses? If not, is the government prohibited by law
form extraditing its own nationals? If so, what is the government doing
to modify its laws to permit the extradition of its own nationals?

The Irish Government can extradite its own nationals to countries that
have a reciprocal agreement with Ireland, but there have been no
trafficking-related extraditions to date.

-- K. Is there evidence of government involvement in or tolerance of
trafficking, on a local or institutional level? If so, please explain i
detail.

There is no evidence of government involvement in or tolerance of
trafficking, on a local or institutional level.

-- L. If government officials are involved in trafficking, what steps
has the government taken to end such participation? Have any government
officials been prosecuted for involvement in trafficking or trafficking
related corruption? Have any been convicted? What actual sentence was
imposed? Please provide specific numbers, if available.

There is no evidence of government involvement in trafficking.

-- M. If the country has an identified child sex tourism problem (as
source or destination), how many foreign pedophiles has the government
prosecuted or deported/extradited to their country of origin? Does the
country's child sexual abuse laws have extraterritorial coverage (like
the U.S. PROTECT Act)?

Ireland does not have an identified child sex tourism problem. The GOI
has authority to deport non-national pedophiles according to the
strictures of its extradition treaty with the country of origin of the
arrested individual.

-- N. Has the government signed, ratified, and/or taken steps to
implement the following international instruments? Please provide the
date of signature/ratification if appropriate.

--ILO Convention 182 concerning the prohibition and immediate action fo
the elimination of the worst forms of child labor.

DUBLIN 00000262 011.2 OF 014



--ILO Convention 29 and 105 on forced or compulsory labor.

--The Optional Protocol to the Convention on the Rights of the Child
(CRC) on the sale of children, child prostitution, and child
pornography.

--The Protocol to Prevent, Suppress and Punish Trafficking in Persons,
especially Women and Children, supplementing the UN Convention Against
Transnational Organized Crime.

ILO Convention 182 was ratified on December 12, 1999.

ILO Convention 29 was ratified on June 11, 1958.

ILO Convention 105 was ratified on March 2, 1931.

The Optional Protocol to the Convention on the Rights of a Child was
signed on September 7, 2000, and ratifying legislation is pending.

The Protocol to Prevent, Suppress, and Punish Trafficking in Persons wa
signed in December 2000, and ratifying legislation is pending.

PROTECTION AND ASSISTANCE TO VICTIMS:


--------------------------



-- A. Does the government assist victims, for example, by providing
temporary to permanent residency status, relief from deportation,
shelter and access to legal, medical and psychological services? If so
please explain. Does the country have victim care and victim health
care facilities? If so, can post provide the number of victims placed i
these care facilities?

The GOI provides care for separated children seeking asylum. The
Department of Health receives referrals from Immigration Officials and
the Office of the Refugee Applications Commissioner. The Health Service
Executive is responsible for the care of children (17 and younger) and
provides social, medical, psychological, and educational services as
well as family reunification when possible. In 2005, 643
unaccompanied children that requested asylum were referred to the
Eastern Region Health Services Executive (HSE). The HSE estimates
that approximately 30 other unaccompanied minors requested asylum
elsewhere in the country.

The national police report that suspected victims of
trafficking/smuggling are referred to humanitarian NGOs, such as Ruhama
or the International Organization for Migration for care. NGOs in
Ireland provide food, shelter, social and medical care, and legal
assistance if desired. NGOs occasionally help in cases of deportation.
Police and NGOs report that some women turn to NGOs for temporary
assistance, only to disappear and return to the sex industry elsewhere
on the European circuit.

-- B. Does the government provide funding or other forms of support to
foreign or domestic NGOs for services to victims? Please explain.

The government provides support in terms of funds and personnel to
Ireland En Route and co-funded IOM's 2003 Trafficking in Unaccompanied
Minors in Ireland report. The government also provided funding to
organizations like the International Organization for Migration, SPIRAS
(an NGO that deals with victims of torture), and the Immigrant Council
of Ireland, that do not specifically address trafficking, but
occasionally may work with trafficking victims.

In 2005, Ruhama reported that the government allocated 20,000 euro for
victim support, specifically earmarked as funds to cover expenses while
victims await court appearances. According to press reports, between
2002 and 2005, Ruhama received 381,000 euro from the Department of

DUBLIN 00000262 012.2 OF 014


Justice to undertake the Next Step Initiative. The purpose of this
project was to develop a model of intervention, based on research, whic
would provide access to education or work for women involved in
prostitution. A further 275,000 euro per year comes from the Probation
and Welfare Service who refer former prostitutes to Ruhama's services.
In its 2003-2004 biennial report, Ruhama reported that it received ove
600,000 euro in annual government grants, including the amount from the
Probation and Welfare Service, for the social services that it provides
Figures for 2005 are not yet available.

Development Cooperation Ireland (the development agency within the
Department of Foreign Affairs) provided euro 200,000 to the ILO-created
Special Action Programme to Combat Forced Labour (SAP-FL), designed to
help EU Member States tackle the forced labor outcomes of trafficking.
Funding for 2005 and 2006 increased to euro 400,000 per annum.

-- C. Is there a screening and referral process in place, when
appropriate, to transfer victims detained, arrested or placed in
protective custody by law enforcement authorities to NGO's that provide
short- or long-term care?

Police regularly make referrals to Ruhama and other NGOs, who
then provide women with care and support.

-- D. Are the rights of victims respected, or are victims also treated
as criminals? Are victims detained, jailed, or deported? If detained
or jailed, for how long? Are victims fined? Are victims prosecuted fo
violations of other laws, such as those governing immigration or
prostitution?

NGOs report that women suspected of being trafficking victims are
generally treated well, but there have been instances in rural areas
where police, unfamiliar with the trafficking phenomenon, have initiall
detained women in prison. Alleged victims have also been held in jail
until the courts were satisfactorily able to determine their true
identity.

Ireland is a signatory to the EU's Framework Decision on the Standing o
Victims in Criminal Proceedings to harmonize the treatment of victims o
crime across the EU. GOI implementing legislation requires the police t
show special sensitivity in relations to victims of sexual offenses.

-- E. Does the government encourage victims to assist in the
investigation and prosecution of trafficking? May victims file civil
suits or seek legal action against the traffickers? Does anyone impede
the victims' access to such legal redress? If a victim is a material
witness in a court case against the former employer, is the victim
permitted to obtain other employment or to leave the country? Is there
a victim restitution program?

NGOs report that the police encourage women to assist in investigations
but do not pressure them to do so. Victims may file suit, but as
non-nationals and in many cases, non-English speakers working in illega
or questionable jobs, the judicial processes may be intimidating. The
case brought forth must be ironclad, which is rare in trafficking, or
the victim may not be able to retain counsel. The victim must be
able to post bond for filing suit, and if she loses the case,
must pay the legal costs of the winner. If a victim is in
violation of immigration law, she is also subject to immediate
deportation.

-- F. What kind of protection is the government able to provide for
victims and witnesses? Does it provide these protections in practice?
What type of shelter or services does the government provide? Does it
provide shelter or any other benefits to victims for housing or other
resources in order to aid the victims in rebuilding their lives? Where
are child victims placed (e.g. in shelters, foster-care type systems or
juvenile justice detention centers)?

DUBLIN 00000262 013.2 OF 014



The government has a witness protection program but has not applied it
to trafficking cases thus far. Both the government and NGOs provide
shelter to people in need, but there are no shelters specifically
earmarked for victims of trafficking or smuggling. Unaccompanied minors
who enter the country are deemed as vulnerable, and at risk to be picke
up by traffickers. These children are housed in government centers
and in some cases, hostels where there is no supervision after hours. I
2004, approximately 60 such children, under the care of the government
went missing. In 2005, approximately 64 went missing. The government
located only 11 of these children; one of which was found in the United
Kingdom.

-- G. Does the government provide any specialized training for
government officials in recognizing trafficking and in the provision of
assistance to trafficked victims, including the special needs of
trafficked children? Does the government provide training on
protections and assistance to its embassies and consulates in foreign
countries that are destination or transit countries? Does it urge thos
embassies and consulates to develop ongoing relationships with NGOs tha
serve trafficked victims?

Social workers, members of the Special Unaccompanied Minors Unit in the
Dublin Health Service Executive, the GNIB, national police, and staff o
the Refugee Applications Commissioner are trained to spot possible
trafficking victims. The GNIB works closely with UK counterparts to
review and track cases of suspected trafficking and employs an exchange
program of officials with the UK to further bilateral cooperation in th
field of immigration. While DFA officials participate in international
conferences and training sessions, the diplomatic corps as a whole is
not specifically trained regarding assistance or support for traffickin
victims.

-- H. Does the government provide assistance, such as medical aid,
shelter, or financial help, to its repatriated nationals who are victim
of trafficking?

N/A

-- I. Which international organizations or NGOs, if any, work with
trafficking victims? What type of services do they provide? What sort
of cooperation do they receive from local authorities?

There are several smaller NGOs, particularly minority or immigration
rights NGOs, who may indirectly come into contact with trafficking
victims. However, the most active organizations are:

- Ruhama - Ruhama provides support to prostitutes and women suspected o
having been trafficked for sexual exploitation.

Ruhama provides emergency accommodation, if possible, social and
psychological support, referrals to health and legal authorities, and
assistance in accessing educational and employment opportunities.

- International Organization for Migration, Dublin ) In relation to
trafficking, IOM carries out information campaigns, provides counseling
services, conducts research on trafficking, provides government funded
training to Irish officials, and assists victims who willingly want to
return to his or her home country.

- Ireland En Route - Ireland En Route is a Forum on Trafficking of Wome
and Children for Sexual Exploitation. This is amulti- agency group
comprised of Health Service epresentatives, police, members of the
GNIB, and GOs. The forum was set up in 2000 to raise awarenes and
address some of the issues associated withtrafficking of women and
children for sexual exloitation. It also attempts to disseminate
traficking information within the group and with other rganizations.


DUBLIN 00000262 014.2 OF 014


-Migrant Rights Center Ireland- The Migrant Rights Center Ireland is a
Human Rights advocate for migrant workers and their families. The
organization provides information on rights to migrants and lobbies the
government to change the laws and policies that affect these workers.


4. (U) Point of Contact for this report is Pol/Econ Officer
Tom Rosenberger, office phone 353-1-630-6275 , fax number
353-1-667- 0056, e-mail RosenbergerTM@state.gov.



5. (U) The number of hours spent compiling this report by
embassy employee is as follows:

Name, rank and time spent:
Ambassador James Kenny, FA-NC ) 4 hours
DCM Jonathan Benton, FS-01 ) 7 hours
POL/ECON Chief Mary Daly, FS-01 ) 25 hours
Economics Officer Joe Young, FS-02 - 2 hours
POL/ECON officer Tom Rosenberger, FS-04 - 70 hours
POL/ECON OMS Tim Markley, FS-06 hours



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