EL SALVADOR 2006 TRAFFICKING IN PERSONS REPORT

UNCLAS SAN SALVADOR 000531

SIPDIS

SENSITIVE
SIPDIS

STATE FOR G/TIP
G
INL
DRL
PRM
IWI
WHA/PPC

E.O. 12958: N/A
TAGS: KCRM PHUM KWMN SMIG KFRD ASEC PREF ELAB ES
SUBJECT: EL SALVADOR 2006 TRAFFICKING IN PERSONS REPORT

REF: SECSTATE 03836


1. (SBU) The following is Post,s submission for the 2006
Trafficking in Persons Report. The format tracks paragraphs
21 to 24 in reftel. Post POC is INL Country Director J.
Brian Duggan, 011-503-2501-2037. For OMB purposes, Duggan
(FS-03) spent 10 hours compiling the following information.
Senior FSN Karla Ramirez also spent 10 hours on the report.


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21. Overview of Activities to Eliminate TIP
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A. El Salvador is a source, transit, and destination country
for trafficked women and girls. There is no evidence to
suggest that men are trafficked within El Salvador. It
remains unknown if boys are trafficked. Neither the GOES nor
NGOs can provide an educated estimate of the number of
trafficked victims. Trafficking occurs within the country,s
borders. The GOES maintains governance over all Salvadoran
territory. Women and girls are at the greatest risk of being
trafficked for commercial sexual exploitation.


B. The vast majority of foreign trafficked victims are from
Nicaragua and Honduras. Externally, Salvadorans are
trafficked to Guatemala, Mexico, and the United States.
Internally, Salvadorans are trafficked from rural to urban
areas. Most victims are young women -- often minors -- who
are deceived by offers of employment as waitresses or
domestic servants. They are then trafficked to topless bars
where they are forced to work as prostitutes. Some victims
accept employment as prostitutes, but wrongly assume that
they can choose their clients. A smaller number of victims
are physically and forcibly moved from one location to
another for purposes of commercial sexual exploitation. The
National Civilian Police are dedicated to arresting
traffickers and rescuing victims. Cooperation between the
Attorney General's office and the police needs to be improved.


C. El Salvador is a poor country with few natural resources
and a small tax base. All government efforts, including
police efforts, are hampered by limited funding. Post has no
evidence of systemic corruption within the police force.
Corruption in the judiciary, though not systemic, is widely
rumored.


D. The GOES does not systematically monitor its
anti-trafficking efforts. The police and prosecutors
maintain statistics on arrests and prosecutions.

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22. Prevention
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A. The GOES acknowledges trafficking as a problem.


B. The following GOES agencies are all involved in
trafficking issues: the police (PNC),Migration (Direccion
General de Migracion y Extranjeria),the Attorney General's
office (Fiscalia General),child welfare services (ISNA),and
police social services (Division de Servicios Juveniles y
Familia). The PNC is the lead agency.


C. In the past, the GOES has sponsored radio and television
anti-trafficking campaigns. In January 2006, the Ministry of
Foreign Affairs trained its consuls on how to identify and
assist trafficking victims.


D. In February 2005, the GOES developed The Social
Opportunities Plan (Oportunidades) to assist low income and
head-of-household women. The plan provides individual loans
for agriculture or micro-businesses and constructs markets at
which women can sell their goods. The plan also offers
training, health care, and basic services for those who
qualify.


E. N/A.


F. The GOES is open and transparent in its dealings with
NGOs and multinational organizations (ILO and IMO). The GOES
usually agrees to pay some portion of the costs for
anti-trafficking projects.


G. The GOES does not scientifically monitor immigration
flows to detect trafficking patterns. The PNC screens for
smugglers (primarily) and traffickers at ports of entry.
Most trafficking victims travel to El Salvador of their own
volition in search of employment and are later trafficked (by
deception) after their arrival.


H. El Salvador has a National Committee Against Trafficking
in Persons composed of the agencies listed in paragraph 22B.


J. The GOES has a national plan against trafficking. The
plan is more theoretical than operational, and cannot be used
to measure success.

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23. Investigation and Prosecution of Traffickers
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A. In October 2004, El Salvador,s National Assembly amended
Articles 367 (B) and (C) of the Penl Code to criminalize
trafficking in persons and orced prostitution, and
conspiracy to commit thee acts as felonies. The new law
applies to bothinternal and external trafficking. The law
defies trafficking in accordance with international
tandards, and is adequate to address all traffickin
instances. No new laws were enacted since the ast TIP
report.


B. Trafficking, in whatever orm (sexual or labor),carries
a sentence of fou to eight years in prison. Conspiracy to
traffic, including facilitation of trafficking, has a
sentence of three to six years in prison. Sentences will be
increased by one-third under the following aggravating
circumstances: 1) the trafficker holds a public office of
authority (police, immigration official); 2) the trafficker
holds a position of trust in relation to the victim (teacher,
supervisor, caregiver); the victim is seventeen years of age
or younger, or is a person of reduced mental capacity.


C. Sexual assault carries a sentence of six to ten years in
prison. The sentence for sexual assault on a minor or person
of reduced mental capacity is fourteen to twenty years in
prison. In both cases, aggravated sexual assault increases
the penalties by one-third. With respect to minors and
persons of reduced mental capacity, penalties against sexual
assault are significantly stronger than those against
trafficking in persons.


D. As a private transaction, prostitution itself is not
criminalized. Pandering, which involves a third party
(pimp),is illegal. However, if the prostitute is of
majority age (18) and is not working under coercion,
pandering laws are not enforced. Prostitution is neither
regulated nor promoted by the government.


E. The PNC arrested 17 individuals for trafficking; the
Attorney General's office achieved four convictions with
sentences of three to eight years in prison.


F. Owners of topless bars and private brothels appear to be
the primary traffickers. Some victims are transported by an
organization, while others arrive on their own in response to
a job offer to work as a domestic servant. Foreign victims,
usually neighboring Nicaraguans and Hondurans, do not need
passports or visas to enter El Salvador. Post is not aware
of any involvement in trafficking by government officials.
There are no reports relative to the profits of trafficking.
As many of the traffickers are owners of topless bars, one
can presume that the profits are laundered through the bars.


G. According to the Salvadoran constitution, the order to
conduct a criminal investigation must originate from the
Attorney General's office. If the police conduct an
investigation without supervision from the AG office, any
resulting arrests are invalid and the arrested individuals
are freed. The PNC has a very capable unit dedicated to
pursuing trafficking cases. Cooperation between the Attorney
General's office and the police needs to be improved.


H. Trafficking courses are taught at the National Police
Academy. Police officers receive additional advanced
training from OPDAT, ILEA, and local INL.


I. The GOES has a Memorandum of Understanding with Mexico
and Guatemala relative to the repatriation of trafficking
victims. During the reported period, the GOES cooperated
with the governments of Belize, Guatemala, and Nicaragua on
trafficking cases. Overall, the GOES is a willing and active
partner in international trafficking investigations.


J. The GOES has not received any requests for extradition on
trafficking charges. Extradition of Salvadoran nationals
depends on reciprocity and the preservation of Salvadoran
constitutional rights (e.g., no life in prison).


K. Post has no knowledge of government involvement in or
tolerance of trafficking.


L. N/A


M. Post has no knowledge of child sex tourism in El Salvador.


N. The GOES is a party to the following international
instruments: ILO Convention 182, ratified June 15, 2000; ILO
Convention 29 and 105, ratified July 14, 1994;
Optional Protocol on the CRC, ratified March 23, 2004; The
Protocol to Prevent, Suppress, and Punish TIP, ratified
December 23, 2003.

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24. Protection and Assistance to Victims
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A. The GOES provides medical and psychological assistance
for all victims. Previously, the GOES deported foreign
victims as soon as they were medically stable. During the
rated period, the Ministry of Foreign Affairs has gone to
great pains to contact their counterparts in the receiving
country to ensure an orderly repatriation. Foreign victims
that have a credible fear for their life may remain in El
Salvador as refugees. Presently, foreign victims are not
eligible for residency.


B. The GOES do not fund trafficking NGO's for lack of
resources.


C. All minor victims are placed with child welfare services
(ISNA) as soon as they are medically stable. There are
several NGOs that accept adult trafficking victims who
provide services for battered women.


D. Victims rights are respected. Victims are not charged
with crimes, and foreign victims are no longer deported.


E. Victims are encouraged to participate in the
investigation and prosecution of traffickers. Unfortunately,
contingency fees are not used in El Salvador. As most
victims are poor, they cannot afford to hire an attorney to
pursue civil damages against traffickers.


F. The GOES is developing a witness protection program. In
the meantime, there is no long-term protection for witnesses.
The GOES has rented and is paying for a house to serve as a
TIP shelter. The shelter will be able to accommodate up to
50 victims at a time. The International Migration
Organization has a grant from PRM to equip the shelter, but
has thus far failed to do so. The GOES has contracted with
local NGO Huellas to operate the shelter. Huellas will
provide medical and psychological services. The social
services unit of the PNC has been operating a provisional
shelter during the rated period. All child victims are
placed with child protective services (ISNA).


G. El Salvador hosted a regional TIP conference in February
2006 relative to training consular officials on identifying
and assisting trafficking victims. The GOES recently
developed a handbook (Guia de Servicio Exterior para el
Combate de la Trata de Personas) on trafficking for consular
officers serving abroad. OPDAT, ILEA, and local INL train
police officers and migration officials on victim's
assistance.


H. Underage victims are placed with child welfare services
(ISNA),which provides shelter and medical assistance. Adult
victims are provided temporary shelter through the Welcome
Home program that assists recently deported Salvadorans. In
the near future, adult victims will be placed in the new TIP
shelter.


I. The following organizations assist trafficking victims in
El Salvador: Fundacion Huellas, Doctors Without Borders,
PADECOMS, CONAMUS, CEMUJER, CARECEN, International Red Cross.
They provide medical and psychological services, as well as
food and shelter.
Barclay