Identifier | Created | Classification | Origin |
---|---|---|---|
07BUENOSAIRES2300 | 2007-12-06 11:17:00 | UNCLASSIFIED//FOR OFFICIAL USE ONLY | Embassy Buenos Aires |
VZCZCXYZ0002 RR RUEHWEB DE RUEHBU #2300/01 3401117 ZNR UUUUU ZZH R 061117Z DEC 07 FM AMEMBASSY BUENOS AIRES TO RUEHC/SECSTATE WASHDC 9850 INFO RUEAIIA/CIA WASHINGTON DC RHMFIUU/DEPT OF JUSTICE WASHINGTON DC |
UNCLAS BUENOS AIRES 002300 |
1. (SBU) SUMMARY: In a meeting with Ambassador Wayne and U.S. Representatives Sanchez and Bartlett, Argentine Interior Minister Anibal Fernandez noted that anti-TIP legislation is still stuck in the national Congress, but expressed confidence that it would pass once President-elect Cristina Fernandez de Kirchner takes office. He said GOA efforts against drug trafficking should focus on dismantling trafficking rings, rather than the individual drug addict. He also noted that while Argentina may not always see eye-to-eye with the United States, these disagreements do not hinder an otherwise positive relationship. As Fernandez takes the helm of a beefed-up Ministry of Justice, we will want to further our cooperation on security matters, as well as stress the importance of judicial reform. In doing so, quiet diplomacy is the best means to further cooperation, given the GOA's sensitivity to public criticism. END SUMMARY. -------------------------- Trafficking in Persons and Argentine Federal Legislation -------------------------- 2. (SBU) On November 19, visiting U.S. Representatives Loretta Sanchez (D-CA) and Roscoe Bartlett (R-MD), along with the Ambassador, met with Argentine Interior Minister, Anibal Fernandez. Fernandez began by noting that the United States and Argentina cooperate well in the fights against terrorism, drugs, and human trafficking. Rep. Sanchez asked Fernandez about GOA efforts to pass anti-trafficking legislation. Fernandez explained that the Argentine Senate passed a bill in December 2006 that would make human trafficking a federal crime, in the case of minors, and would consider an adult victim's consent to being trafficked when determining whether trafficking has occurred. NOTE: The bill is stuck in the Chamber of Deputies, because some, consistent with the Palermo protocol, maintain that a person can not consent to his or her own exploitation. Representative Sanchez pointed out that Colombia had recently changed its TIP legislation to remove the issue of consent as a consideration for adults. 3. (SBU) Fernandez attributed the fact that the bill has not yet passed in part to the criticism in the State Department's 2007 TIP report of GOA anti-TIP efforts. He also recounted his frustration that a May 2007 meeting with Washington agencies on USG efforts to combat human trafficking focused exclusively on a G/TIP officer's criticism that the Senate bill did not adequately address the issue of consent in Argentina's trafficking problem. He specifically cited the G/TIP officer handing him an edited version of draft Argentine legislation and saying, "That just isn't the way to do things." Fernandez said this hurt him deeply because it was a law in which he had a lot of personal interest. He admitted that the Senate bill may not have been perfect, but argued that it could have been strengthened later. He said the key is to make trafficking illegal. Instead, the bill languished in the Chamber of Deputies, and Congressional focus on national elections precluded further progress in passing the law. In response to the Ambassador's questions, Fernandez stated that he has discussed the matter with president-elect Cristina Fernandez de Kirchner (CFK) the previous week, including the issue of consent, and he is confident that a federal trafficking-in-persons law will be passed soon after she is sworn in as president. -------------------------- Fight against drugs and organized crime -------------------------- 4. (SBU) Turning to a discussion on counternarcotics cooperation at the Ambassador's suggestion, Fernandez explained that all GOA law enforcement agencies work closely with their USG counterparts. He talked about the spread of cocaine derivative "paco" in poor neighborhoods and went on to say that 45 percent of federal crimes are drug-related, and that only 2.25 percent of these cases have gone to trial. The remaining cases are pending trial. In addition, it costs the GOA USD 5,000 to prosecute a case and USD 1,500 per month to keep a prisoner in jail, which, in Fernandez's view, is a waste of resources. Under the new CFK administration, Fernandez explained that he will lead the Ministry of Justice, where he will continue to work on this issue. (Note: Fernandez will be taking his security portfolio with him to the Ministry of Justice, including all of the security agencies formerly housed in the Ministry of Interior.) 5. (SBU) Rep. Bartlett opined that greater emphasis should be placed on drug education, and that the focus on the supply side of the drug problem is a waste of money. He said that the world has been attacking the sale and supply of drugs for fifty years and yet drugs are still prevalent on the streets. Fernandez strongly agreed with this assessment; still, both Fernandez and Bartlett maintained that drugs should not be legalized. They also noted that abuse of legal drugs such as alcohol, tobacco, and over-the-counter medicines are some of the most serious drug problems facing our countries. Fernandez stated that fighting drug-related crimes should focus on the highest levels of organized crime, not busting drug addicts. Fernandez explained that Argentina followed the U.S. lead in viewing drug addiction as criminal, and codified this in its 1988-89 drug act. However, this has resulted in an overwhelming caseload against drug addicts, leaving the GOA with fewer resources for dismantling drug trafficking rings. He also noted that the overburdened justice system is part of the problem and bringing cases to trial takes way too long. -------------------------- Positive state of U.S./Argentine relations -------------------------- 6. (SBU) Fernandez began the conversation with a long presentation on U.S.-Argentine relations. He said the relationship is "frank, respectful, and mature," and that while there may be public disagreements on certain issues, they do not hinder an otherwise positive relationship. On the whole, Argentina has a history of respect and friendship with the United States. He noted that Argentina's democratic system is modeled after the United States, with similar constitutions and a strong executive. Fernandez acknowledged that relations reached a nadir during Argentina's 2001-02 financial crisis. Although Fernandez personally does not blame the United States or the IMF for the financial crisis, he asserted that both made it difficult for Argentina to recover. He also reiterated the GOA view that President Bush did not help Argentina when President Nestor Kirchner asked for U.S. assistance in mediating with the IMF at the 2005 Summit of the Americas in Mar del Plata. Fernandez believes that Argentina, the USG, and the IMF should work together to find solutions that help Argentina while still protecting U.S. and IMF interests. Rep. Sanchez said that the United States wants to be supportive of its friends in Latin America, but that leadership should ultimately come from within. 7. (SBU) Rep. Bartlett asked if the antipathy of the Argentine people toward the United States is based on our use of power around the world. Fernandez said that Argentines do not necessarily oppose U.S. use of force and that it depended on the situation. For example, Argentines have a very unfavorable view the current Iraq war, but they widely supported our actions in Operation Desert Storm in the early 1990s. Fernandez also pointed out that Argentines generally respect Americans on a personal level, and that U.S. tourists are generally treated well when visiting Argentina. Rep. Bartlett said he was pleased that Argentine antipathy towards current U.S. policy doesn't extend to tourists visiting the country. 8. (SBU) COMMENT: Fernandez is slated to move from the Interior Ministry to the Justice Ministry when Cristina Fernandez de Kirchner assumes the presidency on December 10, but retain control of federal police and other law enforcement agencies. His welcoming tone in this meeting is another indication that we will continue to enjoy productive access to Fernandez in his new capacity. He sees value in strong and amicable U.S.-Argentine relations, and has worked with us to further bilateral cooperation in fighting terrorism, drugs, and human trafficking. As Fernandez takes the helm of the Ministry of Justice, we will want to further our existing security cooperation, as well as stress the importance of judicial reform. In doing so, quiet diplomacy is the best means to further cooperation with Fernandez, and indeed the rest of the CFK administration, given their sensitivity to public criticism. On TIP matters, Fernandez understands that comprehensive anti-TIP legislation is a top U.S. priority, but would appreciate greater U.S. understanding of internal political constraints. He clearly believes that excessive G/TIP advocacy on the matter has been counterproductive. The Embassy will continue to work with him and others to get the best possible anti-TIP legislation passed. END COMMENT. 9. (U) This cable has been cleared by Representative Sanchez. KELLY |