Identifier
Created
Classification
Origin
07BUENOSAIRES1245
2007-06-27 14:51:00
CONFIDENTIAL
Embassy Buenos Aires
Cable title:  

INTERIOR MINISTER ON STATUS OF ANTI-TIP LEGISLATION

Tags:  ASEC ELAB KCRM PHUM PREL SMIG KWMN PGOV AR 
pdf how-to read a cable
VZCZCXYZ0026
PP RUEHWEB

DE RUEHBU #1245/01 1781451
ZNY CCCCC ZZH
P 271451Z JUN 07
FM AMEMBASSY BUENOS AIRES
TO SECSTATE WASHDC PRIORITY 8514
C O N F I D E N T I A L BUENOS AIRES 001245 

SIPDIS

SIPDIS

G/TIP FOR BARBARA FLECK
WHA/PPC FOR MIKE PUCCETTI
WHA/BSC FOR DREW BLAKENEY

E.O. 12958: DECL: 06/25/2022
TAGS: ASEC ELAB KCRM PHUM PREL SMIG KWMN PGOV AR
SUBJECT: INTERIOR MINISTER ON STATUS OF ANTI-TIP LEGISLATION

REF: BUENOS AIRES 1185

Classified By: E. Anthony Wayne for reasons 1.4 (b) and (d)

C O N F I D E N T I A L BUENOS AIRES 001245

SIPDIS

SIPDIS

G/TIP FOR BARBARA FLECK
WHA/PPC FOR MIKE PUCCETTI
WHA/BSC FOR DREW BLAKENEY

E.O. 12958: DECL: 06/25/2022
TAGS: ASEC ELAB KCRM PHUM PREL SMIG KWMN PGOV AR
SUBJECT: INTERIOR MINISTER ON STATUS OF ANTI-TIP LEGISLATION

REF: BUENOS AIRES 1185

Classified By: E. Anthony Wayne for reasons 1.4 (b) and (d)


1. (C) Summary. On June 25, Ambassador Wayne called on
Interior Minister Anibal Fernandez to discuss the status of
TIP legislation and ongoing counternarcotics cooperation in
the Tri-Border Area (TBA),the Department's offer to conduct
a counterterrorism assessment of Argentina (reported septel).
Fernandez explained to the Ambassador that while Deputy
Cordoba's law was more comprehensive, he could not spend the
political capital to pass this version of the law in an
election year. Still, he stated that the GOA needed to pass
an anti-TIP law in order to begin cracking down on human
trafficking networks and so he met with key legislators where
he: 1) advocated passing the Senate version of the bill; 2)
suggested that the Congress introduce a new bill focused on
adult trafficking victims and offered full support; 3)
offered to establish a national plan for TIP prevention and
victims assistance by executive decree; 4) invited the
legislators to participate in a Commission that will draft
implementing regulations. He indicated that President
Kirchner will sign the executive decree "soon" and that he
expected the Congress to vote on the draft law in July. We
take the Minister's comments as a sign of his commitment to
seeing legislation passed, and are optimistic that
legislation will be passed and a national anti-TIP program
established given that Fernandez himself is behind both the
law and the decree. Meanwhile, a senior staffer of Deputy
Stella Maris Cordoba expressed optimism that there is
sufficient consensus in the lower House to pass more
comprehensive TIP legislation. Deputy Cordoba, however, may
not have sufficient sway in the Congress to push her bill
through especially given that she lost internal Peronist

party elections in her home province of Tucuman in May. End
Summary.

Fernandez on TIP--Pass Senate Version Now, Introduce
Legislation on Adult Victims After October Elections
-------------- --------------


2. (C) On June 25, Ambassador Wayne called on
Interior Minister Anibal Fernandez. The Ambassador noted
that Fernandez had recently met with key legislators to
discuss pending anti-TIP legislation, and asked about the
bill's status. Fernandez noted that Deputy Cordoba's law was
more comprehensive, but maintained that he could not spend
the political capital to pass this version of the law in an
election year. He said he had suggested to the legislators
the following course of action: 1) Congress should pass the
Senate version of the bill which makes TIP a federal crime,
but considers consent relevant in the case of adult
trafficking victims; 2) Congress should introduce a new bill
focused on adult trafficking victims, which will be supported
by the MOI; 3) President Kirchner will sign an executive
decree to establish a national plan for TIP prevention and
victims assistance; 4) The legislators will be invited to
participate in a Commission that will draft implementing
regulations of the law. He indicated that President Kirchner
will sign the executive decree "soon" and that he expected
the Congress to vote on the draft law in July.


3. (C) Fernandez indicated that if the lower House insisted
on comprehensive legislation, the Senate will not pass it,
and, in that case, the earliest the Congress will take the
issue up again is in early 2008--after the presidential
elections. He also expressed concern that prostitutes may
end up using the anti-trafficking law as a way to escape
prosecution and pointed out that a number of Paraguayans
come to Argentina to engage in prostitution. He also related
a story that the MOI had received a tip that a brothel was
operating in a nice neighborhood in the city of Quilmes,
where the Minister is from. When he sent security forces to
investigate, they discovered that the wife of an important
police official was running the brothel. He also indicated
that many girls selling flowers on the
street are also engaging in prostitution and that the MOI has
discovered that many of the clientele for child and
adolescent prostitution are well-off Argentines. He said
that passage of anti-TIP legislation now would give the MOI
the tools to go after provincial officials involved in
these crimes as well as investigate and shut down networks
engaged in human trafficking.

Cordoba staffer on TIP bill status
--------------


4. (C) A senior staffer for Deputy Cordoba, author of one
of the TIP bills currently pending in Congress, noted that
the Minister's offer to establish a national TIP program by
executive decree already signals a victory in the sense that
the MOI now recognizes the need for a national TIP prevention
and victims assistance plan. Cordoba's staffer deemed the
MOI's suggestion to introduce a new bill focused on adult
trafficking victims "as unlikely", as it would only create a
more intense debate over the issue of consent.


5. (C) Cordoba's staffer also expressed confidence that
there is sufficient consensus in the lower House to pass a
more comprehensive law and claimed that they had support from
"other members in the Casa Rosada", without specifying whom.
Ultimately this will be a political battle, Cordoba's staffer
acknowledged, as Senators have stated in private that
Cordoba's bill is the stronger of the bills pending in
Congress, but that the Interior Minister has told them to
vote for the Senate bill. The staffer claimed that Cordoba
intends to push for modifications to the Senate bill to
incorporate a national TIP program and to take up the issue
of consent.

Comment
--------------

6. (C) For weeks now, Fernandez has told us that TIP
legislation will be approved soon, and we take that as a sign
of his commitment to seeing legislation passed. Although we
have heard that the executive would sign a decree to
establish a national prevention and victim's assistance
program since early 2006, we have cause to be more optimistic
this go-round given that Fernandez himself supports the
decree. Cordoba reportedly continues to press for
comprehensive legislation; however, her ability to do so may
be compromised by the fact that she lost internal Peronist
party elections in her home province of Tucuman in April.
End Comment.
WAYNE