SIXTH ANNUAL ANTI-TRAFFICKING IN PERSONS (TIP)

UNCLAS SECTION 01 OF 18 MEXICO 001113

SIPDIS

SENSITIVE
SIPDIS

STATE FOR WHA/PPC AND G/TIP

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

REF: A. 06 STATE 3836

B. 05 STATE 168419

C. 05 MEXICO 5224

D. 05 TIJUANA 1561

E. 05 MEXICO 7191

F. 05 TIJUANA 1527


1. (SBU) The mission's point of contact on the
Anti-Trafficking in Persons Report is Poloff Scott C.
Higgins. He may be reached by telephone at (52)(55)
5080-2000, ext. 4806, or by fax at (52)(55) 5080-2247. Post
requests that the names of the non-governmental organizations
(NGOs) working with the Government of Mexico (GOM) providing
victim protection and assistance are not/not for public
disclosure in this context. Post also requests that the names
and details of ongoing investigations are not/not for public
disclosure.

Mexico is a country of origin, transit, and destination for
persons trafficked for sexual and labor exploitation. While
there are no reliable figures as to the extent of the
trafficking problem, Mexico's geographic location along
primary transportation routes for illegal migration into the
U.S. as well as the country's high level of organized
criminal gang activity leaves little doubt that the
transnational and domestic trafficking numbers are
substantial.

The GOM has shown commendable progress in combating
trafficking in persons (TIP) in the past year; however, more
focused efforts are needed to provide a clear and reliable
framework for the protection of victims and the prosecution
of traffickers. The GOM has decided to take a two-tier
approach to combat trafficking. To start, the GOM's
Interinstitutional Working Group on Trafficking is developing
an initial short-term strategy that includes addressing
specific elements of the Tier 2 Watchlist Action Plan to be
implemented in select locations based on existing
intelligence on trafficking networks (Ref B). As the GOM
gains knowledge and experience in combating the trafficking
phenomena, it plans to expand its efforts to a nationwide,
long-term strategy.

Notable achievements during the year include:

- In January and February representatives from the Mexican
Interinstitutional Working Group on Trafficking traveled with
the Department of Homeland Security Immigration and Customs
Enforcement (DHS-ICE) TIP Coordinator to Chihuahua, Chiapas
and Cancun to assess the law enforcement capabilities and
shelter resources in anticipation of starting major case
investigations in the areas;
- On December 15, 2005 the Mexican Senate approved a
comprehensive TIP law that includes harsh sanctions for
offenders as well as meaningful protection and prevention
provisions for victims. The bill is now with the Chamber of
Deputies pending its consideration;
- On August 18, 2005 the GOM signed an Amendment to an
existing Letter of Agreement (LOA) with the U.S. Government
(USG) that provides USD $3.02 million to establish dedicated
investigative units and a technical subgroup to combat
trafficking;
- The Mexican National Migration Institute (INM) named a
primary point of contact on trafficking and the institute
sought assistance from several NGOs to provide shelter and
assistance to trafficking victims during the year;
- The INM continued formalizing special repatriation
procedures for unaccompanied minors from Central America;
- A Trafficking in Persons goal was added to the trilateral
Security and Prosperity Partnership (SPP) Senior Law
Enforcement Plenary (SLEP) Working Group Matrix.


OVERVIEW OF A COUNTRY'S ACTIVITIES TO ELIMINATE TRAFFICKING
IN PERSONS
-------------- --------------


2. (SBU) Question 1. 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

MEXICO 00001113 002 OF 018


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.)?

Post Response: Mexico is a country of origin, transit, and
destination for trafficked men, women, and children for
purposes of sexual and labor exploitation. In terms of
transit and destination, the vast majority of trafficking
victims come from Central America, with a lesser number of
victims originating from South America, the Caribbean,
Eastern Europe, and Asia. Mexico also has a significant
problem with internal trafficking.

There are no reliable statistics on the extent of the
trafficking problem. The Mexican Interinstitutional Working
Group on Trafficking has expressed an interest in
commissioning a comprehensive study to serve as the basis for
formulating a long-term national plan to combat trafficking,
but a lack of resources remains the biggest obstacle.
Several separate regionally-focused studies conducted by
civil society organizations in conjunction with government
agencies are due to be released soon. The limited statistics
and information on trafficking patterns that are available
usually come from NGOs; however, these reports tend to
contain more anecdotal evidence than concrete statistics.


3. (SBU) Question 2. 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 are 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?).

Post Response: The profile of the trafficking problem in
Mexico has definitely been increased over the past year by
the media, civil society organizations, and the government.
Post strongly believes that the continual pressure applied,
especially by the media and civil society, has finally
brought the issue to the tipping point, and the GOM is now
prepared to fully engage on the issue. There is a strong
political will at the federal level to address trafficking;
however, many local and state level officials still do not
fully understand the nature of the trafficking problem or
admit that they have a problem.

A December 2005 Congressional Research Service (CRS) Report
on Trafficking in Persons in Latin America found that
"internal trafficking generally flows from rural to urban or
tourist centers within a given country, while trafficking
across international borders generally flows from developing
to developed nations." Anecdotal evidence tells us that this
trend holds true for Mexico. Women and children from
Mexico's poorest regions move to the urban, tourist, and the
northern border areas seeking economic opportunity, but they
often end up working in the commercial sex industry due to
trickery, threats, or physical violence by traffickers.

The increasing trend of illegal migration from Mexico and
Central America into the U.S. also puts a larger number of
vulnerable persons at risk for coming into contact with
traffickers. Migrants from Mexico and Central America
(especially women and children) are frequently smuggled into
the U.S. with promises of a lucrative job only to find
themselves forced into prostitution or debt-bondage working
conditions. Other common methods used to approach/ target
victims include placing ads in newspapers that invite girls
to participate in international exchanges or to start
lucrative modeling careers. Once the girl is isolated from
family and friends, she is forced into prostitution. An NGO
working in the southern border area (Casa del Migrante) has
reported that many indigenous persons and migrants from
Central America work in extremely poor conditions on coffee
farms under elements of debt-bondage, and some 90 percent of
their children work as domestic employees.

The many pitfalls along the migration routes (including
exploitation by criminal gangs such as the Mara Salvatrucha
and corrupt law enforcement officials) drive more illegal
migrants to hire "polleros" (alien smugglers) to help them
transit Mexico and cross the U.S. border - thus increasing
theirs chances of falling prey to trafficking networks. It
is commonly accepted that traffickers often employ alien
smugglers to target or move victims. Alien smugglers use a

MEXICO 00001113 003 OF 018


wide variety of techniques to get people across the border,
including false documents, hidden compartments, and dangerous
desert crossings.

Many organized criminal organizations from Mexico and other
countries use Mexico as a staging and training area for women
and young girls destined for brothels and table dance bars in
the U.S. According to the Bilateral Safety Corridor
Coalition (BSCC),criminal gangs from Mexico, Central
America, Russia, Japan, Ukraine and several other countries
are involved with trafficking victims across the U.S. -
Mexico border.


4. (SBU) Question 3. 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?

Post Response: To date, the most significant limitations
that have impeded the government's ability to address the
trafficking problem were a lack of resources, internal
institutional disorganization, lack of comprehensive
legislation, and corruption. Funding for police and other
institutions has been inadequate for anti-trafficking efforts
because the GOM was dedicating large amounts of human and
monetary resources to fight an escalating problem with
narcotics trafficking and violence resulting from competing
drug cartels - especially along the northern border area. Up
until recently, the GOM's Interinstitutional Working Group on
Trafficking has not been effective in formulating a plan or
coordinating efforts because the group did not meet
frequently enough and the participants kept changing.
Pervasive corruption, especially at the state and local
level, continues to exacerbate the problem as traffickers are
free to operate without fear of prosecution by simply paying
off authorities.

Fortunately, some of these limitations have been offset to a
certain degree during the last year. The signing of the
Amendment to the LOA has made USD $3.02 million available to
assist the GOM in establishing dedicated investigative units
and a technical subgroup to combat trafficking (Ref C).
USAID will also award a USD $3 million contract in March that
will provide resources to enhance shelter capacity and
assistance for trafficking victims. The GOM has used
discussions related to these two initiatives to better
organize their own internal communication and
anti-trafficking efforts via the Interinstitutional Working
Group on Trafficking. The group now meets on a regular basis
and all the participants appear up to speed on the issue and
are empowered to act. The GOM is also focusing more
resources on the trafficking problem as the PFP announced it
would dedicate 140 agents throughout the country to work
trafficking cases, and the INM announced it would add more
than 100 new agents to the southern border to enhance
security.

The GOM has a long way to go to solve its problem with
corruption; however, anti-corruption measures continued to be
an important issue for the Fox administration. Additionally,
a scandal that has been in the headlines since January has
brought an enormous amount of international and domestic
media attention to the trafficking phenomena in Mexico. The
story centers on secretly recorded telephone conversations
between a powerful businessman (Kamel Nacif Borge) and a
number of state government officials (including the governor
of the state of Puebla) during which the participants
discussed plans to jail Lydia Cacho, an independent
journalist, on charges of defamation and libel and have her
raped while she was in custody. The charges stem from
allegations Cacho made in her 2005 book in which she alleged
links between government officials, businessmen, drug
dealers, and a child prostitution network. While Cacho never
directly accuses Kamel Nacif of wrongdoing, she did link him
to Jean Succar Kuri - a person b

elieved to be at the center of a child prostitution network
in Cancun. Succar Kuri is currently being held in Arizona
awaiting a decision on extradition back to Mexico to face
charges. The media and numerous senior members of government
have called the incident an outrage and are demanding not
only an investigation into the irregular arrest of Cacho, but
into the underlying charges of trafficking in persons as
well.


5. (SBU) Question 4. To what extent does the government
systematically monitor its anti-trafficking efforts (on all
fronts -- prosecution, prevention and victim protection) and

MEXICO 00001113 004 OF 018


periodically make available, publicly or privately and
directly or through regional/international organizations, its
assessments of these anti-trafficking efforts?

Post Response: The GOM lacks the ability at this time to
systematically monitor and periodically make available an
assessment of its anti-trafficking efforts. The PFP is
currently considering adapting an existing internal database
system to track and report on trafficking cases. Also, the
Narcotics Affairs Section (NAS) at post has offered to
explore options to provide the PFP with case tracking
software that NAS has provided to other Mexican federal law
enforcement agencies.

The Center for Research on National Security (CISEN) has
provided post with several extensive presentations containing
intelligence on trafficking cases and networks, but such
products were the result of time consuming surveys of state
and local law enforcement offices. The CISEN, and later the
PFP, were unable to readily provide additional details or
updates about cases included in the presentations. Many
government officials, however, have admitted that they see
the comprehensive federal anti-trafficking law and a system
to track prosecutions as essential for combating trafficking
in Mexico.


PREVENTION
--------------


6. (SBU) Question 5. Does the government acknowledge that
trafficking is a problem in that country? If no, why not?

Post Response: The GOM acknowledges that trafficking is both
a transnational and domestic problem. Senior GOM officials
continued to speak out against trafficking throughout the
year, including President Fox, the Secretary for Foreign
Relations, the Secretary of Government, the Director of INM,
as well as several state governors and attorneys general.
During the last year, the GOM sponsored numerous seminars and
conferences that included panels on trafficking and the need
for a federal anti-trafficking law. The trafficking problem
as it relates to internal and border security is seen by many
senior government officials as a national security issue of
the utmost importance.

On December 15, 2005 the Mexican Senate unanimously passed
(95 to 0) a comprehensive TIP law that includes harsh
sanctions for offenders as well as meaningful protection and
prevention provisions for victims. The bill is now with the
Chamber of Deputies for its consideration. Several senior
government officials have predicted that the law will pass
the lower house during the current legislative session that
ends in April. The Senate held an international seminar on
trafficking in October 2005. The seminar included numerous
international and domestic anti-trafficking experts from both
governmental and civil society, including Juan Artola, IOM;
Fabienne Venet, Sin Fronteras; Laura Langberg, Organization
of American States (OAS); Mohamed Mattar, Johns Hopkins
University; and Miguel Ontiveros, National Institute of Penal
Sciences. Several of these groups also provided comments to
improve the bill that were included in the final version.

On November 3, 2005 the Baja State Congress General Assembly
approved an anti-TIP law, making it the first state to pass a
law that addresses all "three P's" - prosecution, prevention,
and protection (Ref D). However, the law was recently
challenged and revoked. The President of the General
Assembly Representative Elvira Luna Pineda stated that she
will make a few revisions to the law and resubmit it for
consideration in March. Several other states (including
Chiapas) have also toughened laws against child prostitution
and commercial sexual exploitation of minors during the year.

During the year, the INM hosted a series of three conferences
addressing security on the southern border that included
panels dedicated to the issue of trafficking. The third and
final conference took place on November 11, 2005 in Mexico
City during which the INM presented a proposal for an
integrated migration policy for the southern border. The
proposal includes numerous actions aimed at combating
trafficking that include improving cooperation with the PGR
in prosecuting trafficking crimes, soliciting the assistance
of the International Organization for Migration (IOM) to
enhance victim services, developing a public awareness
campaign about trafficking, establishing a special
trafficking victim/ witness visa, strengthening enforcement
at companies that abuse migrant workers, and fighting
internal corruption.

MEXICO 00001113 005 OF 018



The INM has already taken the initial steps of naming a
primary point of contact on trafficking to help schedule
training for migration agents, to serve as the liaison for
facilitating the regularization of status for victims/
witnesses so that they can participate in prosecutions, and
to work with NGOs to provide shelter and assistance to
trafficking victims.


7. (SBU) Question 6. Which government agencies are involved
in anti- trafficking efforts and which agency, if any, has
the lead?

Post Response: The GOM established its Interinstitutional
Working Group on Trafficking in 2004, which includes
representatives from the PFP, the PGR, the CISEN, the INM,
the Public Security Police (SSP),the Foreign Ministry (SRE),
the National Family Protection Agency (DIF),the National
Institute for Women's Issues (INMUJERES),the Secretariat of
Health (SSA),the Secretariat of Tourism (SECTUR),and the
Secretariat of Labor (STPS).

SIPDIS

The PFP was recently named the lead agency on combating
trafficking, taking over the responsibility from CISEN. This
is seen as a positive development because the PFP has the law
enforcement capabilities necessary to run investigations and
arrest traffickers, whereas CISEN is a strategic intelligence
gathering agency. Additionally, the three officials that
were in charge of the trafficking portfolio at the CISEN were
transferred to the PFP, and they now lead the government's
law enforcement anti-trafficking efforts. The federal and
state attorneys general offices are still responsible for
prosecuting cases. The PFP, the PGR, and the INM
participants on the Interinstitutional Working Group on
Trafficking are working closely with the DHS-ICE TIP
Coordinator to establish the dedicated investigative teams
that will soon open several major trafficking cases.


8. (SBU) Question 7. 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)?

Post Response: Yes. To date, the primary focus of the GOM's
anti-trafficking information and education campaigns have
focused on a National Program to Eradicate the Commercial
Sexual Exploitation of Minors. The program is administered
by the DIF and is supported by numerous executive and
legislative branch entities (e.g., the STPS, the SECTUR, and
the PGR),as well as civil society groups (the ILO in
particular).

The program includes workshops on detecting, protecting, and
providing attention to victims that are provided to social
services, trade unions, private sector, law enforcement, and
education audiences. The program continues to build upon the
widely publicized campaign called "Abre los ojos, pero no
cierres la boca" (Open your eyes, but do not close your
mouth). Other features of the program include a toll-free
number and a wide range of public awareness and outreach
materials targeting various audiences - including potential
victims and sexual tourists.

The DIF recently reported that in 2005 the agency rescued 270
children from commercial sexual exploitation and since the
program's launch in 2003 the government and civil society
organizations have given attention to 398 girls and 37 boys
at risk; developed and implemented 13 local campaigns, 249
training workshops, and 23 forums; and undertook 64
operations that rescued 127 girls and 19 boys from sexual
exploitation.


9. (SBU) Question 8. 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.

Post Response: Yes. INMUJERES runs programs designed to
prevent discrimination against women and help them understand
their rights. An example is "Por una vida sin violencia"
(For a Life Without Violence). The DIF has programs aimed at
both women and children such as "De la calle a la vida" (From
the Street to Life) that is aimed at street children. On
both borders the DIF runs an extensive network of shelters
that protect unaccompanied minors detained while trying to
enter the U.S./ depart Mexico (see question 32). The DIF

MEXICO 00001113 006 OF 018


also has a program to Prevent and Combat Child Labor and
Protect the Rights of Minors.

In 2005, the GOM awarded 5.6 million scholarships to
elementary and high school students from families with
limited economic resources in an effort to keep the children
from dropping out of school. President Fox recently
announced that the federal government would increase the
number of scholarships to 6 million in 2006.


10. (SBU) Question 9. What is the relationship between
government officials, NGOs, other relevant organizations and
other elements of civil society on the trafficking issue?

Post Response: The relationship between government
officials, NGOs, other relevant organizations and other
elements of civil society on the trafficking issue varies -
generally depending on the particular government agency and
whether the relationship is at the federal or state level.
For more information, see questions 20 and 35.

Representatives from both the BSCC and Fundacion Infancia
told post that they have an excellent working relationship
with the national and state DIF offices when collaborating on
anti-trafficking programs and training, but that much more
could be done. In February the BSCC signed an agreement with
the state of Baja California to combat the sexual
exploitation of children and women along the U.S.-Mexico
border (see question 20).

Since June 2005, the End Child Prostitution, Child
Pornography and Trafficking of Children for Sexual Purposes
(ECPAT) organization, the BSCC, Fundacion Infancia, the IOM,
and the ILO have all sponsored training for governmental
organizations and NGOs in Mexico to build capacity in victim
services and to develop greater awareness of trafficking and
the harms of sexual tourism.

The IOM reported that they are receiving excellent
cooperation from INMUJERES, the government of Mexico City,
and the state governments in Chiapas, Hidalgo, Quintana Roo,
and Veracruz. The IOM, however, stated that it met some
resistance in establishing a Coordinating Committee with key
government entities at the federal level. Recently, the INM
did assist the IOM in the identification of two trafficking
victims that were being held in an INM detention center as
irregular migrants. The INM released the two migrants into
the care of an IOM-related NGO and facilitated the submission
of a formal criminal complaint with the PGR (see question
17). An investigation is ongoing. The IOM is also currently
working on an assessment of trafficking in Mexico City with
support of the Mexico City government, and the organization
recently completed a manual on TIP in cooperation with
INMUJERES, the INM, and the Inter-American Commission on
Women (CIM-OAS). Note. The names of NGOs working with INM
with victim protection and assistance are not/not for public
disclosure. End Note.

Sin Fronteras reported that they continued to have access to
the migration detention center in Mexico City to hold
workshops but lamented that they do not have full access to
the entire facility to interview for victims. The
organization recently reported that it is currently working
with the INM to secure a temporary visa for a Chinese migrant
who escaped a forced labor situation in Guanajuato (see
question 17). The victim reported that he and a number of
other Chinese nationals were working in Mexico legally, but
that the company forced them to work 16 hours a day, live in
the factory, and the management withheld their travel
documents. Sin Fronteras stated that the situation at the
factory had improved since a visit by Mexican authorities,
but that no arrests have been made. The PGR reports that the
case is still under investigation. Note. The names of NGOs
working with INM with victim protection and assistance are
not/not for public disclosure. End Note.

On May 19, 2005, ECPAT-USA launched its Protect Children in
Tourism (PCT) Project in Cancun, Mexico, which included
encouraging tourism industry officials to sign the ECPAT Code
of Conduct for the Protection of Children from Commercial
Sexual Exploitation in Travel and Tourism. The project will
train people in the travel industry in Cancun about sex
tourism - its causes and effects, relevant US and Mexican
laws, and what they can do to help prevent and respond to a
situation before it gets worse. A few initial meetings with
the tourism industry and local government officials have been
held in the area, but the project rollout has been delayed
due to a change in the NGO's personnel and a large hurricane
that struck the region in late 2005.

MEXICO 00001113 007 OF 018



The Embassy Committee on Trafficking is working closely with
the Mexican Interinstitutional Working Group on Trafficking
to better integrate the NGOs in all aspects of the
government's efforts to combat trafficking. For instance,
the GOM plans to hold a conference in mid-March with the NGOs
and international organizations working on the trafficking
issue in Mexico in order to gain a better understanding of
their ongoing efforts and look for opportunities to cooperate
(e.g., provide training to law enforcement, identify victims,
collaborating on public awareness and outreach campaigns).
Participants on the government working group have told post
they fully understanding that NGOs play a key role in
identifying and rescuing victims.


11. (SBU) Question 10. Does it monitor immigration and
emigration patterns for evidence of trafficking? Do law
enforcement agencies screen for potential trafficking victims
along borders?

Post Response: Yes. Mexican authorities are aware of the
influx of trafficked persons and other illegal migrants
entering through the southern border with the intention of
transiting Mexico en route to the U.S. Mexican migration
authorities deported or detained for deportation 240,269
aliens in 2005 - 226,264 of which were from Central America.
The 2005 totals mark a ten percent increase over 2004. The
INM is also reporting an up tick in the number of women and
children migrating alone, which makes them prime targets for
trafficking networks. In 2005, the INM received 22,055
unaccompanied Mexican minors returned from the U.S. - a 63.6%
increase from 2004.

The INM acknowledges the difficulties it faces due to a lack
of budgetary resources. However, the GOM is making a
good-faith effort to secure its borders as evidenced by a
number of ongoing efforts. The INM held a series of forums
in 2005 to discuss security on the southern border that
included representatives from Central American consulates
(see question 5). The GOM has signed accords with Guatemala,
Belize, and El Salvador that include provisions to enhance
border security and provide for the safe and orderly
repatriation of migrants (see questions 32 and 34). Law
enforcement and migration officials from the three countries
recently met under the auspices of the High-Level Border
Security Group (Grupo de Alto Nivel de Seguridad Fronteriza,
GANSEF) to sign an accord to establish mechanisms to
strengthen security on their shared borders by cooperating to
combat organized crime, trafficking in persons, the Mara
Salvatrucha, and terrorism.

The GOM is building of a USD $10 million migrant processing
facility in Tapachula, Chiapas, where many Central American
migrants pass (see question 27). Unfortunately, progress in
completing the facility was severely impacted by a hurricane
that directly hit the area in late 2005. Many experts
predict that the social and economic costs of the storm's
damage will also lead to an increase in migration and
criminal activity (including trafficking and prostitution) in
the region (Ref E).

The INM is making an attempt to link with NGOs to provide
victim assistance and has asked for the USG and civil society
groups for assistance in training its agents to identify
trafficking victims. During the year, the IOM and Sin
Fronteras reported that it had been contacted by INM on
several occasions to assist with providing assistance and
protection to a trafficking victim, and post knows of at
least four victims that were provided temporary permission to
remain in the country (see question 9 and 17). Note. The
names of NGOs working with the INM with victim protection and
assistance are not/not for public disclosure. End Note.


12. (SBU) Question 11. 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?

Post Response: The government uses its Interinstitutional
Working Group on Trafficking to coordinate internal,
international, and multilateral efforts to combat
trafficking. When the PFP was named the new lead agency on
trafficking, Ardelio Vargas Fosado became the primary point
of contact for the GOM.

The Secretariat for Public Administration (SFP) and the PGR

MEXICO 00001113 008 OF 018


share the responsibility to investigate public corruption.
Many government agencies also have internal anti-corruption
programs.


13. (SBU) Question 12. 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?

Post Response: The GOM does not have a national plan of
action to address trafficking at this time. The
Interinstitutional Working Group on Trafficking has expressed
an interest in drafting a national plan, but first it would
like to commission a comprehensive nationwide study of the
trafficking phenomenon to have a better understanding of the
scope of problem.

In the meantime, key participants from the Interinstitutional
Working Group on Trafficking (SRE, PFP, PGR, INM, and DIF)
are developing a near-term tactical plan (with support from
the Embassy Mexico Committee on Trafficking) that will
identify specific geographic areas of focus, viable cases for
prosecution, and shelter resources to provide the necessary
victim's assistance services. The group has already
identified Cancun, Guadalajara, Monterrey, Tijuana, Sonora,
and Tapachula as initial target areas based on existing
intelligence developed by the CISEN and the PFP. The group
feels that it has sufficient intelligence on at least four
trafficking networks to open cases immediately, but it is
waiting until the dedicated investigative units are
established and the shelter/ victim's assistance component of
the operations have been identified before moving forward.

In January and February participants of the
Interinstitutional Working Group on Trafficking traveled with
the DHS-ICE TIP Coordinator to Ciudad Juarez, Chiapas and
Cancun to assess the law enforcement and shelter resources in
anticipation of starting major case investigations in the
areas. The key participants from the Interinstitutional
Group on Trafficking plan to meet with members of the Embassy
Committee on Trafficking on March 6 to discuss law
enforcement training, victim's assistance and protection, and
working with NGOs.


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.


14. (SBU) Question 13. Does the country have a law
specifically prohibiting trafficking in persons--both
trafficking for sexual exploitation and trafficking for non-
sexual purposes (e.g. forced labor)? If so, what is the law?
Does the law(s) cover both internal and 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).

Post Response: At this time Mexico still lacks a federal
anti-trafficking law and must rely on existing federal and
state criminal statutes to prosecute trafficking cases;
however, the government does have the legal instruments
necessary to combat both internal and external trafficking.

Mexico's General Population Law, Article 138, makes it a
federal crime to traffic in undocumented aliens. The law
provides a term of imprisonment shall be imposed on a person
who for himself or another, for the purpose of trafficking,
attempts to transport or transports or represents that he
will transport, Mexicans or foreigners to a foreign country
without proper documentation, or introduces foreigners into
Mexico without proper documentation.

Article 365 of the Mexican Penal Code, makes it a federal
crime to use physical violence, moral suasion, trick or
intimidation or any other means, for oneself or another, to
get services or work without payment. It also punishes any
arrangement which deprives a person of liberty, or puts him
or her in conditions of servitude.

MEXICO 00001113 009 OF 018



Article 366 makes it a crime to transport a minor (under 16
years of age) outside the country for financial benefit and
imposes a penalty of three to ten years.

Article 2 of the Federal Law Against Organized Crime
prohibits three or more people from committing repeated
violations of Article 366 of the Penal Code and 138 of the
General Population Law. This provision allows use of
techniques for organized crime investigations and
prosecutions, such as wiretapping; seizure and forfeiture of
proceeds; and preventive detention. The time period under
the statute of limitations is doubled.

Article 201 of the Mexican Penal Code punishes those who
commit the crime of corruption of minors (less than 18 years
old). The crime includes those who oblige minors to commit
acts of sexual exhibitionism, sexual acts or prostitution. It
also criminalizes the procurement of minors to induce them to
commit the acts described above, for the purpose of making
films and videos for hard copy or for electronic distribution.

The Constitution of the United Mexican States bans slavery
and prohibits forced labor, which includes forced or bonded
labor by children. The minimum legal age to work is 14 years
of age.


15. (SBU) Question 14. What are the penalties for traffickers
of people for sexual exploitation? For traffickers of people
for labor exploitation?

Post Response: Article 138 (trafficking undocumented aliens)
provides a term of 6 to 12 years imprisonment. Penalties
increase by half if the crime is committed with minors or
under conditions which will put their health or life in
danger.

The penalty for violation of Article 365 (labor exploitation)
is three days to one year, but increases to one to five
years, if the plan is to carry out a sexual act. The penalty
increases to 20 to 40 years, if Article 365 is violated with
a child less than 16 years old, or a victim more than 60
years old, or if the person is mentally or physically
handicapped. The penalty increase to 25 to 50 years if the
minor is deprived of liberty with the intent to send him or
her out of the country, with the intent of obtaining payment
for the sale or delivery of the minor. There are additional
penalties if the violation also involves a permanent or
presumptively incurable disease or loss of sexual function.

Corruption of minors is punished with sentences of five to
ten years under Article 201; if the conduct is repeated, the
sentence is seven to 12 years. Under Article 201 anyone who
procures minors for films, video or other pornographic
materials may be sentenced from five to ten years. Those who
film, photograph, print or distribute pornographic materials
involving minors are subject to sentences of ten to 12 years.
One who directs or manages a child pornography enterprise
can receive a sentence of eight to 12 years imprisonment.


16. (SBU) Question 15. What are the penalties for rape or
forcible sexual assault? How do they compare to the penalty
for sex trafficking?

Post Response: Each of Mexico's 31 states, plus Mexico City,
has their own penal codes and the penalties vary. In Mexico
City, the penalty for rape of a child less than twelve years
old is punishable by two to five years imprisonment; another
50 percent of the sentence is added if violence was used.
Rape of a woman 12 to 18 years old is punishable by three
months to four years in prison. The penalty for rape of an
adult woman is six months to four years; if violence is used
in the process, an additional 50 percent of the sentence may
be added to it. Use of force in a rape against a member of
either sex is punishable by eight to 14 years in prison.

According to federal law, child prostitution and any practice
that affects a child's psychosocial development is a felony
under Mexican law. The Federal Penal Code and the Penal
Proceedings Code cover crimes involving children or
adolescents in pornography or prostitution. The laws cover
child pornography, prostitution of minors, and corruption of
minors or mentally disabled persons. They specify penalties
for perpetrators according to the seriousness of the crime.


17. (SBU) Question 16. Is prostitution legalized or
decriminalized? Specifically, are the activities of the
prostitute criminalized? Are the activities of the brothel
owner/operator, clients, pimps, and enforcers criminalized?

MEXICO 00001113 010 OF 018


Are these laws enforced? If prostitution is legal and
regulated, what is the 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.

Post Response: Prostitution is legal in Mexico, but only for
adults (those 18 years of age and older) that are not being
pimped. The existing laws that do pertain to prostitution
focus on threats to public health, moral corruption and
pimping. The Mexican criminal code contains penalties for
corruption of minors; for induced or forced prostitution and
maintaining brothels; for employment of minors in bars and
other centers of vice; and for the procurement, inducement or
concealment of prostitution. Flagrant prostitution is
subject to a penalty of six months to five years in prison.
Both pimping and prostitution are practiced widely and
generally without arrest or prosecution.


18. (SBU) Question 17. 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 and
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)

Post Response: Note. The names and details of ongoing
investigations are not/not for public disclosure. End Note.
There is no doubt that the GOM is pursuing numerous
trafficking cases (see case details below) - the difficulty
is in determining the case status or disposition. The GOM
acknowledges that it is not currently able to readily provide
statistics or information on cases against traffickers due to
the lack of a federal law and because most trafficking cases
are prosecuted at the state level using a variety of other
criminal statutes. Additionally, under the Mexican judicial
system, cases are prosecuted via lengthy written submissions
to a judge, a process that is usually drawn out - sometimes
years. As such, it is very difficult for the government to
systematically follow up or report on cases. The PFP and PGR
have expressed an interest in implementing a trafficking case
tracking system (see question 4).

That said, before the PFP took the lead on trafficking, the
CISEN reported that from January to August 2005 law
enforcement authorities began criminal proceedings for
trafficking-related offenses in 1,336 cases (57 federal and
1279 state) and imposed sentences in 531 cases (20 federal
and 511 state). These figures clearly include many cases
that would not be considered trafficking.

Post did review the cases with the PGR and the PFP to isolate
specific ongoing cases that are trafficking-related, and the
GOM was able to provide one case example of a prosecution and
sentencing on a verifiable trafficking case. Details as
provided by the government are as follows.

- On November 23, 2005, a Mexican court convicted and
sentenced Ricardo Gonzalez Gonzalez and Paula Martinez
Rodriguez on the charge of Lenocinio (Pimping). They were
sentenced to six years in prison and fined approximately USD
$11,000 each. The original sentence would have been between
2-10 years, but because of the violence involved, the
sentence was extended to 3-15 years. Case Summary: Ricardo
Gonzalez forced a Honduran female into prostitution around
May 2005. The victim was forced to live with Gonzalez and
she was taken to work everyday by Gonzalez or Martinez, and
she was always watched by at least one of the two. The
victim advised Gonzalez on June 2, 2005 that she did not want
to continue to be a prostitute. Gonzalez and Martinez took
the Honduran female to Veracruz and beat her up and
threatened to do harm to her family in Honduras if she did
not continue to prostitute herself. Because she was afraid
for her life, the victim continued to work as a prostitute
and all of her money was confisca
ted by Gonzalez. Again on July 12, 2005, the victim told
Gonzalez that she did not want to work as a prostitute and
later that day she escaped by jumping in a cab and the cab
driver took her to the police station, where she gave her
statement. On July 14, 2005, Ricardo Gonzalez and Paula
Martinez were arrested and kept in custody until the judge
declared them guilty and sentenced them to prison. Post has
a copy of the conviction documents.

The government also provided the following details on other
ongoing trafficking cases.


MEXICO 00001113 011 OF 018


- On September 13, 2005, police in Mexico City arrested
Mercedes Lujan and Javier Cruces on charges on Sexual
Exploitation (Case 069/2005). The arrest resulted from a
complaint filed by an Argentine female migrant when she was
detained by the INM. The victim claimed that she was
promised a job as a receptionist by Lujan, but that after she
arrived, Lujan and Cruces forced her into prostitution. The
INM contacted the Argentine Consulate upon her detention and
called the PGR. According to PGR, the victim was able to
offer valuable information about criminal gangs dedicated to
trafficking in Mexico, Central and South America. The victim
was given a 30 day temporary permission to remain in the
country and pursue a more permanent migration status. The
INM gave custody of the victim to Sister Maria Arlina Barral
Arellano, Director of the Pastor Commission of Migrants.
Post has a copy of the complaint from INM. The investigation
is ongoing.

- On July 17, 2005, the INM detained a Chinese migrant in
Ciudad de Valle de Santiago, Guanajuato. The Chinese migrant
claimed that he had escaped a near by factory, and he filed a
complaint against KBL De MQxico, S.A. de C.V. for abusive
treatment and forced labor exploitation. The PFP has opened
an investigation (Case 111/2005 and the PGR is looking at the
case for possible organized crime charges). Government
officials visited the factory after receiving the complaint
and reported improved conditions. Post has a copy of the
compliant from INM. The investigation is ongoing.

- On July 8 in Tlaxcala, a coordinated operation involving
the CISEN, the PGR, the Federal Investigative Agency (AFI),
and the INM led to the arrest of two German nationals for
pimping, child pornography, and child prostitution. Police
believe the two men are a part of a large child pornography
and prostitution ring. In addition to a considerable amount
of child pornography seized, five minors were rescued from a
house owned by the two men. The traffickers are currently
detained while authorities continue the investigation.

- In July in Mexico City, INM officials detained five Chinese
migrants transiting Mexico to New York. The group had
traveled from China to Cuba to Guatemala, and then walked for
13 days into Mexico. Authorities also arrested Roberto
Franco Camacho, a Mexican citizen who was smuggling the
group. The Chinese migrants admitted to INM agents that they
were to work for 10 years in a factory in exchange for
eventually being smuggled to New York. After an
investigation, the INM and the PGR determined there was
insufficient evidence to pursue charges.

- In July, Thai authorities extradited Thomas Frank White to
stand trial in Mexico. The PGR had issued arrest warrants
for White in relation to his use of drugs, alcohol, money,
and the threat of violence to coerce minors to have sex with
him and others. The trial is pending.

- In August, INM and AFI agents raided a company called
Brazilian Brides - a mail order bride service suspected of
smuggling and trafficking Brazilian women. Police arrested
10 women who worked for the company. On August 16 and 17, a
judge remanded the women to jail during the investigation.
The investigation is ongoing.

- In August in Oaxaca, local police raided a bar and arrested
its owner, Asis Morales Lazarillo, for the corruption of
minors and pimping. During the arrest, police rescued a
minor girl who was working in the bar as a prostitute.
Police turned the minor over to a local DIF shelter. The
trafficker paid a bond and was released. The investigation
is ongoing.

- Mexican authorities are still awaiting the extradition of
Jean Succar Kuri from the U.S. Succar Kuri is currently
being held in Phoenix, Arizona on an international warrant
issued by Mexico in connect to charges of child pornography
and child prostitution (see question 3).


19. (SBU) Question 18. 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? 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.)

Post Response: Anecdotal evidence suggests that trafficking

MEXICO 00001113 012 OF 018


in Mexico involves all types of individuals and groups -
including freelance operators, small crime groups, and large
international organized crime syndicates (see question 2).

The IOM believes that there are 135 criminal trafficking
networks in Mexico. The CISEN says there are 126 gangs
involved in trafficking on the southern border. The internet
and mail order bride agencies are reportedly common methods
used by traffickers to attract victims as well as clients
(see Brazilian Bride case in question 17). Alien smugglers
are also frequently involved in identifying and transporting
trafficking victims. The CISEN recently reported to post
that the smuggling of trafficking victims is becoming an
increasing important income source for alien smugglers.

There have been reports that some law enforcement and
migration officials - especially at the local level - have
been involved in trafficking to the extent they have been
known to accept bribes to facilitate or ignore alien
smuggling or to allow brothels and child prostitution to
exist unmolested.


20. (SBU) Question 19. 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?

Post Response: The government does actively investigate
cases related to trafficking mainly at the state level (e.g.,
pimping, child prostitution, child pornography offenses, etc)
using active investigative techniques, including electronic
surveillance, undercover operations, and mitigated punishment
or immunity for cooperating suspects used by the government.
Domestic law does not prevent the police from engaging in
covert operations.


21. (SBU) Question 20. Does the government provide any
specialized training for government officials in how to
recognize, investigate, and prosecute instances of
trafficking?

Post Response: The government, in conjunction with some NGOs
and the USG, does give specialized training to its officials
in how to recognize, investigate, and prosecute instances of
trafficking.

The DIF/ ILO program to Eradicate the Commercial Sexual
Exploitation of Minors has trained hundreds of government
officials. The DHS Citizenship and Immigration Services
(DHS-CIS) has offered training to Mexican migration agents
that includes elements about how to identify trafficking
victims. The NAS and DOJ Federal Bureau of Investigations
(DOJ-FBI) sections at post have provided training to Mexican
law enforcement officials on active investigation and
interviewing techniques.

In February the DHS-ICE TIP Coordinator brought the DHS C3
team to Mexico to provide training to 40 PFP agents in the
cyber crimes unit. Also in February, the attorney general
for state of Baja California's signed an agreement to work
with the BSCC to combat the sexual exploitation of children
and women along the U.S.-Mexico border. Under the accord,
the BSCC will hold a series of workshops with the agency's
police and other personnel on the special needs of sex crime
victims.

The DOJ plans to send to Mexico in March an expert on
prosecuting trafficking cases. The expert will stay for a
TDY assignment of six months to a year to serve as an advisor
to the PGR and the PFP.


22. (SBU) Question 21. 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?

Post Response: The GOM cooperates with other governments in
the investigation and prosecution of trafficking cases.
During the year, the GOM extradited numerous traffickers to
the U.S. and received the extradition of several traffickers
wanted to stand trial in Mexico (see question 22).

Mexican law enforcement officials continue to work closely

MEXICO 00001113 013 OF 018


with DHS-ICE on numerous investigations of cross-border
trafficking cases - especially in the northern border area.
On the prosecution side, the Tijuana Consulate recently
provided investigative support for local police in ten
trafficking and child sex tourism cases. DHS-ICE agents in
Tijuana, New York, Miami, and Virginia are investigating a
case for Protect Act violations (Ref F).

On February 17 DHS-ICE Mexico City received information
indicating that a subject of active federal and state
warrants was in Mexico. The warrants for arrest were for
child pornography and violation of probation for a capital
sex battery. DHS-ICE Mexico City immediately contacted the
Mexican federal authorities in the region and coordinated
efforts with several agencies including the PFP, INM, and PGR
to apprehend and remove the subject. On February 19 DHS-ICE
Mexico City coordinated the deportation by Mexican
Immigration Authorities and delivery of the subject to U.S.
authorities at the Miami International Airport.


23. (SBU) Question 22. 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 nationals 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?

Post Response: Yes. See specific case details below.

- On May 24, 2005, Mexico extradited Mexican citizens Jose
Paoletti Moreda and Renato Paoletti Lemus to the U.S to stand
trial in the Eastern District of New York on federal
extortion charges. The charges relate to the their
involvement in an international alien smuggling operation
that, during the 1990s, transported deaf-mute Mexican
nationals to the United States, held them captive, and forced
them to work as peddlers in New York, Chicago, and Los
Angeles.

- On September 28, 2005, Mexican citizen Juan Luis Cadena
Sosa was arrested in Mexico for the purpose of extradition to
the U.S. Cadena Sosa is wanted to stand trial in the
Southern District of Florida on federal charges of importing
aliens for purposes of prostitution, interstate transport of
persons for purposes of illegal sexual conduct, and related
offenses. From 1996 to 1998, the Cadena family allegedly
smuggled numerous Mexican women, including minors, from
Mexico with the promise of legitimate jobs in the U.S.
Instead, evidence shows that the women were forced to work as
prostitutes in brothels in South Florida in order to pay off
their smuggling fees. Currently, another family member, Abel
Cadena Sosa, is being prosecuted in Mexico for the same
offenses.

- On October 21, 2005, Mexican citizen Consuelo Tomasa
Carreto was arrested in Mexico for the purpose of extradition
to the U.S. She is wanted to stand trial in the Eastern
District of New York on federal charges of sex trafficking,
forced labor, alien smuggling, and related offenses. Carreto
allegedly was part of a family-run organization that, between
1991 and 2004, smuggled women from Mexico to New York, where
they were forced to work as prostitutes through deception,
fraud, coercion, rape, forced abortion, threats, and physical
violence. Evidence shows that Carreto's role in the
organization included recruiting young, uneducated women from
impoverished areas in Mexico. On September 22, 2005, Mexico
also issued a warrant for the arrest of another member of the
organization, Maria de los Angeles Velasquez-Reyes, whose
capture is pending.


24. (SBU) Question 23. Is there evidence of government
involvement in or tolerance of trafficking, on a local or
institutional level? If so, please explain in detail.

Post Response: Yes. See post's response to question 18.


25. (SBU) Question 24. 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.

Post Response: In general the Fox Administration continues
to promote a culture of zero tolerance for corruption and has
shown considerable transparency in addressing allegations of

MEXICO 00001113 014 OF 018


corruption, rather than sweeping reports of such abuse "under
the carpet," as often occurred during previous
administrations. From January through October 2005,
officials at the SFP conducted more than 4,512 inquiries and
investigations into possible malfeasance or misconduct by
some 3,350 federal officers and employees throughout the GOM.
These inquiries and investigations resulted in the issuance
of 68 warnings, 1,296 reprimands, suspensions of 918
employees, dismissals of 1,342 federal employees, and fines
resulting in approximately USD $300 million dollars. Post
was not able to determine how many of these cases involved
trafficking; however, increases in the number of complaints
filed during the Fox administration almost certainly indicate
increased public confidence that government institutions will
act upon such reports seriously, rather than ignoring them.
Numerous NGOs working along both borders report that
undocumented migrants are often too afraid to report any type
of abuse to authorities out of fear of being deported.
Currently, most allegations originate from average Mexican
citizens.

The INM continues to fight corruption with mixed results. In
September, the PGR issued arrest warrants for six INM agents
accused of accepting bribes from alien smugglers. A judge,
however, dismissed charges against 20 migration officials,
incarcerated since 2004 and accused of alien smuggling -
seven of the 20 remain charged with money laundering. Also
in September, the GOM announced it was expanding its
"Operation Safe Mexico" to the southern border.


26. (SBU) Question 25. 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)?

Post Response: The GOM has both arrested and extradited
foreign pedophiles (see questions 17 and 22). The government
has no extraterritorial laws expressly addressing child
sexual abuse. However, Article 4 of the Mexican Penal Code
provides jurisdiction to Mexican federal district courts for
the prosecution of any defendants in a case in which the
defendant or victim is Mexican or Mexican interests are
official.


27. (SBU) Question 26. 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 for the elimination of the worst forms of child labor.

Post Response: Yes. Mexico ratified it in March 2000.

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

Post Response: Yes on both counts. Mexico ratified ILO
Convention 29 on May 12, 1934, and Convention 105 on June 1,

1959.

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

Post Response: Yes. Mexico ratified it on January 16, 2002.

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

Post Response: Yes. Mexico ratified it on May 4, 2003.


PROTECTION AND ASSISTANCE TO VICTIMS
--------------


28. (SBU) Question 27. 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 in these care facilities?

Post Response: The rights of crime victims are guaranteed in
the Mexican Constitution, regardless of the victim's
nationality. Both the Mexican federal government and some

MEXICO 00001113 015 OF 018


states have crime victim's assistance programs. The programs
cover legal assistance and medical services and psychological
counseling. The DIF, for example, provides temporary shelter
and medical services to unaccompanied minor victims of
trafficking or smuggling. The DIF also tries to locate
parents or family members in order to repatriate the
children. The quality of the programs varies widely. While
some heath screening takes place, undocumented aliens are not
routinely screened for HIV/AIDS. Even when tested, positive
results may not show up for months.

The INM has a policy to grant temporary resident status for
trafficking victims. In the past year, INM has granted
temporary status to at least four trafficking victims, and in
a few cases it has granted the ability to work while the
judicial process is underway (see question 9 and 17). The
INM is also constructing a large new facility in Tapachula,
Chiapas to process migrants. This facility envisions
separate accommodations for men, women, children and
families. It will also have offices of the National Human
Rights Commission (CNDH) and consuls from the Central
American countries whose citizens pass through the region.
It is hoped that better surroundings for illegal migrants
could increase the probabilities of victim identification and
their use as witnesses. The INM has consulted with the IOM
on the construction of the facility. Unfortunately,
construction on the facility was impacted when a hurricane
caused extensive damage in the region in late 2005; the
migration area of the facility is not expected to open until
spring 2006.

In August 2005, the DIF in the state of Chiapas opened a
shelter near the state capital Tuxtla Gutierrez that provides
medical and psychological attention, job training, and other
reintegration services to domestic violence victims.
Government officials told poloff during a tour of the
facility that they were willing to accept other types of
victims (e.g., trafficking). USAID plans to visit the
shelter in the coming weeks to determine if it would be
appropriate to house trafficking victims in the facility.


29. (SBU) Question 28. Does the government provide funding or
other forms of support to foreign or domestic NGOs for
services to victims? Please explain.

Post Response: The federal and state governments do provide
funding and other forms of support to domestic NGOs for
services to victims; however, the level of funding and
support is very limited. The director for the SRE's office
for civil society organizations is attending meetings of the
Mexican Interinstitutional Working Group on Trafficking in an
effort to better coordinate the GOM's relation with NGOs
working on the issue.


30. (SBU) Question 29. 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?

Post Response: The DIF operates shelters for unaccompanied
migrant children who are intercepted at the border. Shelters
operate in border towns for those adults who self-refer.
Third Country Nationals (TCNs) intercepted at the border are
generally placed in a migration detention station until they
can be repatriated. NGO's such as Casa Alianza offer shelter
to street children, mainly adolescents, who are often victims
of sexual exploitation. The INM has also referred several
trafficking victims to NGOs for assistance (see questions 9
and 17).


31. (SBU) Question 30. 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 for
violations of other laws, such as those governing immigration
or prostitution?

Post Response: Violators of Mexican immigration law usually
are deported within a few weeks, especially if they are from
Central America. Since June 2005, SSP and INM agents have
raided numerous table dance bars and brothels throughout the
country. In each case, the authorities detained between 15
and 25 women; the vast majority of the women detained came
from Central and South America, but some were from Asia and
Eastern Europe as well. Given the lack of a federal
trafficking law and the reluctance of victims to participate
in prosecutions, the authorities deported the women for
violating immigration law. Post knows of no cases in which

MEXICO 00001113 016 OF 018


the undocumented migrants were prosecuted for other offenses.


32. (SBU) Question 31. 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?

Post Response: Yes, the PFP, the PGR, and the INM do
encourage victims to cooperate with investigations; however,
the victims rarely self-identify and the law enforcement
agents often lack the training necessary to identify
trafficking victims. The INM has managed to identify a few
victims and grant temporary legal status to victims willing
to participate in investigations (see question 17). The INM
has no specific numbers on the persons granted such permits
and takes them on a case-by-case basis; however, post knows
of at least four victims that have received a temporary
status to remain in the country. The federal law passed by
the Senate and now pending in the lower house of Congress
contains provisions for a victim restitution program.


33. (SBU) Question 32. 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)?

Post Response: The DIF manages 20 children's shelters (19 on
the northern border with the U.S. and one on the southern
border with Guatemala). The 19 shelters on the northern
border are for unaccompanied Mexican minors caught in the
U.S. or in Mexico trying to cross the border. Trained
shelter staff conduct interviews with the children for a
variety of victim issues, and then tries to reunite the
children with family when appropriate. Minors that are
"other than Mexican" are sent to the shelter in Tapachula,
Chiapas and then repatriated to their home countries. The
GOM worked closely with UNICEF to improve the shelter system
on the northern border, and now the GOM is collaborating with
the IOM to build similar capacity on the southern border. In
other cases, the GOM has referred victims to NGOs; however,
there are not many shelters capable of handling trafficking
victims.

In the February meeting of the USG-GOM SLEP Working Group on
Organized Migrant Smuggling and Trafficking in Persons, law
enforcement officials from the PFP and PGR acknowledged the
importance of providing victim protection and they were open
to the idea of including a victim/ witness advocate on the
dedicated investigation units. The Interinstitutional
Working Group on Trafficking also plans to work with USAID to
identify shelter resources and short falls in order to better
focus and coordinate funding.


34. (SBU) Question 33. 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 those embassies and consulates to develop ongoing
relationships with NGOs that serve trafficked victims?

Post Response: Since 1998, the PGR has trained its officers
to deal with child victims of sexual abuse. The Mexican
consulates along the U.S. southern border are trained at
handling these types of cases as well. The
Interinstitutional Working Group on Trafficking has proposed
creating a network among the Mexican Consulates throughout
the U.S. to help raise awareness and identify victims.

The INM is very interested in getting training for its
migration agents. In addition, some NGOs have provided
training to police as well (see questions 9 and 35).


35. (SBU) Question 34. Does the government provide
assistance, such as medical aid, shelter, or financial help,
to its repatriated nationals who are victims of trafficking?

Post Response: Through the DIF the government administers

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assistance programs for children repatriated to Mexico
principally from the United States. The DIF's
inter-institutional Project for the Attention to Minors on
the border incorporates actions of various government and
societal institutions. The program's objectives are to
develop a campaign for the permanent protection of children
on both sides of the of Mexico's northern border; consolidate
a network of shelters and health centers aimed at trafficked
children; and a system of reintegration for repatriated
children (see question 32).

Mexico has also begun to make advances under the respective
memorandums of understanding signed with Guatemala, El
Salvador, and Belize by arranging for the secure and
organized repatriation of Central Americans - with special
attention given to women and children. Under new procedures
instituted in 2005, the INM must notify the appropriate
consulate of children held in detention and scheduled for
repatriation. The repatriation of children must take place
at agreed upon times and locations and they are transported
separately from adults. In the case of Guatemalans, children
are placed under the responsibility of Bienestar Social, the
Guatemalan child welfare institution. In some special cases,
children are also placed with Casa Alianza in Guatemala City.
Post has heard from some NGO contacts working on the
southern border that the new procedures are still not
formulized or consistent, but authorities on both sides of
the border are aware of the continuing issue (see question
10).


36. (SBU) Question 35. 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?

Post response: Numerous NGOs and international organizations
work with trafficking victims.

Sin Fronteras has a good relationship with the GOM,
particularly with the INM and the SRE's Secretariat for
Global Affairs. Sin Fronteras holds regular workshop in the
Ixtapalapa Migrant Detention Center in Mexico City, and the
NGO has been called upon in the past to assist the INM with
providing assistance to trafficking victims (see question
17). Sin Fronteras plans to include a trafficking module in
it workshops to help identify trafficking victims. Note. The
names of NGOs working with the INM with victim protection and
assistance are not/not for public disclosure. End Note.

The IOM also works extensively with the GOM, again mostly
with the INM to provide training to INM officials on both the
northern and southern borders. The IOM is conducting an
assessment of TIP in the state of Baja California Norte and
the city of Tapachula, Chiapas and it has held a TIP seminar
in Cancun. The IOM recently signed an agreement with Casa
del Migrante in Tapachula, Chiapas to pay the costs of
sheltering and providing assistance to trafficking victims.
They are also close to signing a similar agreement with the
domestic violence shelter Centro Integral de Atencion a Las
Mujeres (CIAM) in Cancun. The INM has also contacted the IOM
for assistance with trafficking victims. Note. The names of
NGOs working with the INM with victim protection and
assistance are not/not for public disclosure. End Note.

The BSCC and World Vision recently launched a public
awareness campaign composed of stickers and posters in highly
trafficked areas in the Tijuana border area with a 24/7 call
center to field anonymous tips. A new billboard two blocks
from the Tijuana Consulate sternly warns onlookers "Abuse a
child in this country, go to jail in yours - Stop sexual
exploitation." Taxis display new bumper stickers
highlighting a "Pedo-File Rex" dinosaur denouncing child sex
tourism next to old political slogans and commercial ads.

The DIF/ ILO program to eradicate commercial sexual
exploitation of minors is operating in the 27 cities
considered the most vulnerable to the phenomena (Tijuana,
Tapachula, Ciudad Juarez, Acuna, Frontera, Monclova, Piedras
Negras, Valle de Bravo, Acapulco, Guadalajara, Puerto
Vallarta, Zapopan, Tonala, Tlaquepaque, Degollado, Oaxaca,
Cancun, Playa del Carmen, Cozumel, Chetumal, Tlaxcala,
Jalapa, Veracruz, Nautla y Cosoleacaque) and in 11 states
(Baja California, Chiapas, Chihuahua; Coahuila, Mexico,
Guerrero, Jalisco, Oaxaca, Quintana Roo, Tlaxcala y
Veracruz).

The Coalition Against Trafficking in Women (CATW) actively
works to raise awareness about TIP. It is currently working
on programs, such as TV ads, designed to prevent the sexual

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exploitation of minors. CATW reports having received funding
from the INMUJERES and the Mexico City Government.

Fundacion Infantia works with the tourism industry on
prevention of child sexual exploitation. Fundacion Infantia
works with the BSCC and the ILO in providing training to
government entities and schools.

The Casa del Migrante runs shelters in Tapachula, Ciudad
Juarez, and Tijuana where they primarily attend to migrants
but also encounter TIP victims. The organization recently
added a separate shelter area dedicated for trafficking
victims that includes space for up to 12 victims. There is
currently one trafficking victim staying at the shelter.

Casa Alianza Mexico (CAM) runs a network of shelters
dedicated to street children. In the course of their work,
they encounter TIP victims. They receive the cooperation of
the INM when they encounter an undocumented migrant and need
assistance to repatriate the victim to their native country.

The OAS provided funds for and participated in workshops,
conferences, and public awareness campaigns in Mexico in

2005. The OAS funds also supported large initiatives
administered by the ILO and others aimed at reducing child
labor and the commercial sexual exploitation of children.

The Fray Julian Garces Human Rights Center, based in the
state of Tlaxcala, works with trafficking victims in that
area.

"Las Mercedes" runs a shelter for women who have been victims
of prostitution or are at risk of becoming victims. They go
to the bus terminals in Mexico City where young, unsuspecting
minors and women arrive from the rural areas and talk to them
before the prostitution networks victimize them.

INMUJERES is also involved in anti-TIP efforts, mostly
through funding programs for CATW and its program to counter
violence against women ("For a Life Without Violence") to
educate women on their rights.

The UN Office on Drugs and Crime (UNODC) works with the GOM
on anti-TIP efforts.


37. (SBU) NOTE: If post reports that a government is
incapable of assisting and protecting TIP victims, then post
should explain thoroughly. Funding, personnel, and training
constraints should be noted, if applicable. Conversely, a
lack of political will to address the problem should be noted
as well.

Post Response: At this point, the GOM is not fully capable
of assisting trafficking victims beyond the network of DIF
shelters for Mexican children, but there have been several
cases during the year in which a trafficking victim was
identified by government officials and turned over to NGOs
for victim's assistance and protection.

The major constraint facing the government in providing
assistance and protection is a lack of resources, training,
and personnel. However, during recent discussions at the
USG-GOM SLEP Working Group on Organized Migrant Smuggling and
Trafficking in Persons, GOM officials acknowledged the need
to dedicate additional government resources to the protection
victims/ witnesses as well as forge a closer working
relationship with NGOs.

Furthermore, the Mexican Interinstitutional Working Group on
Trafficking and the Embassy Mexico Committee on Trafficking
are doing an "inventory" of available governmental and NGO
shelter and victim assistance resources in the initial target
areas in order to determine where we can best focus/ leverage
the limited resources available from the GOM, the USG, and
civil society groups.


Visit Mexico City's Classified Web Site at
http://www.state.sgov.gov/p/wha/mexicocity

KELLY