ARGENTINE MOJ CALLS ANTI-TIP LAW A PRIORITY;

C O N F I D E N T I A L BUENOS AIRES 000814

SIPDIS

SIPDIS

G FOR U/S DOBRIANSKY
G/TIP FOR BARBARA FLECK AND KATIE BRESNAHAN
G/IWI FOR PENNY RECHKEMMER
WHA FOR CHARLES SHAPIRO
WHA/PPC FOR MIKE PUCCETTI
WHA/BSC FOR DREW BLAKENEY

E.O. 12958: DECL: 04/25/2017
TAGS: ASEC ELAB KCRM PHUM PREL SMIG AR
SUBJECT: ARGENTINE MOJ CALLS ANTI-TIP LAW A PRIORITY;
CONGRESSWOMAN AND SPONSOR OF ANTI-TIP BILL ON PROSPECTS FOR
PASSAGE

REF: A. BUENOS AIRES 799


B. BUENOS AIRES 753

C. BUENOS AIRES 793

Classified By: AMBASSADOR E. ANTHONY WAYNE FOR REASONS 1.4 (B)
AND (D)


1. (C) Summary. Ambassador met with Minister of Justice
Alberto Iribarne on April 26 and sponsor of anti-TIP
legislation, Deputy Stella Cordoba, on April 27, to
underscore the importance of passing anti-TIP legislation.
Ambassador urged Iribarne to lend his support to pass draft
legislation now underway in the Argentine Congress. Iribarne
stated that passing anti-TIP legislation is a GOA priority.
Commenting on the current Congressional debate centering
around the issue of whether a trafficking victim can
"consent" to be trafficked, Iribarne stated that he believes
consent is "irrelevant". In a separate meeting, Deputy
Cordoba told the Ambassador that the lower House has achieved
a "positive consensus" on anti-TIP legislation that makes TIP
a federal crime, deems victim consent irrelevant, and
stipulates the creation of a national plan focused on
prevention and victims assistance. She thanked the
Ambassador for Secretary Rice's decision to name her
constituent, Susana Trimarco, as an "International Woman of
Courage" for her anti-TIP efforts, noting that the award has
helped to keep the issue alive in the press, society, and the
GOA. She asked for continued Embassy support of Trimarco's
efforts, especially in Ms. Trimarco efforts to establish her
own foundation, and also urged the USG to place TIP on the
positive bilateral agenda. The Ambassador said that this is
an area where the USG wants to help and that we will reflect
on how best to advance this issue. End Summary.

Minister of Justice: Anti-TIP law a "priority"; Victim's
Consent is "irrelevant"
-------------- --------------


2. (C) On April 26, Ambassador met with Minister of Justice
Alberto Iribarne to urge the Iribarne to lend his support to
current efforts to pass draft legislation now underway in the
Argentine Congress criminalizing trafficking in persons and
counterterrorism finance (septel) as well as discuss GOA
efforts to combat narcotrafficking and improve case
management efficiency (septel). Iribarne stated that passing
anti-TIP legislation is a GOA priority. He noted that the
Argentine Congress is currently trying to reconcile a House
version of the anti-TIP bill and a Senate version that was
approved in December 2006. He assured the Ambassador that he
would raise the issue with Deputy Rosario Romero, Lower House
Chairperson of the Criminal Legislation Committee.


3. (C) Iribarne explained that the kidnapping and
trafficking case of Marita Veron (daughter of Susana Trimarco
de Veron) highlighted the gravity of the problem for both the
GOA and Argentine society. Iribarne noted that Ms.
Trimarco's search for her daughter is a very powerful one,
and that her efforts have uncovered even more information
about trafficking patterns in Argentina and have even led to
the rescues of victims. The Ambassador noted that Secretary
Rice had recently awarded Ms. Trimarco an International Woman
of Courage Award for her efforts to fight trafficking. As a
result, many in Washington are increasingly interested in the
status of pending anti-TIP legislation in Argentina's
Congress, the Ambassador explained.


4. (C) LEGATT pointed out that U.S. Attorney General
Gonzales raised TIP during his February visit to Argentina.
He stated that he understood that the Congressional debate
now centers around the issue of whether or not trafficking
victims can "consent" to being trafficked. LEGATT explained
that consent to exploitative conditions is never possible,
especially when many trafficking victims find themselves in a
state of exploitation due to violence, coercion, or fraud.
Iribarne agreed, adding that he believed consent is
irrelevant when a person has been trafficked under such
conditions. The Minister reiterated the GOA's commitment to
fighting TIP and added that Argentina and other countries
participating in the last Ibero-American Ministerial meeting
agreed to ratify the Palermo Protocol and pass anti-TIP
legislation.

Congresswoman Cordoba: Positive Consensus Achieved in Lower
House
-------------- --------------



5. (C) In a separate meeting on April 27, the Ambassador
met with Congressional Deputy Stella Cordoba, President of
the Bicameral Committee on Intelligence Oversight and sponsor
of an anti-TIP bill currently pending in the lower house.
She told the Ambassador that the April 26 joint meeting of
the Criminal Legislation; Family, Woman, Children, and
Adolescents; and the Budget Committees to review and
reconcile the various anti-TIP bills reached a positive
consensus. The Committees agreed to make human trafficking a
federal crime; that a trafficking victim's "consent" to being
trafficked will not be taken into consideration; and that the
GOA must develop a national plan that focuses on both
prevention and victims' assistance. She stated that she
believed that the bill would be submitted to the House the
week of April 30. On the issue of consent, she added that
the consensus achieved was a victory for victims' rights
advocates and the families of victims, as the psychological
condition of victims often make it difficult for the victims
to testify against their captors. She also explained that it
was important that the law stipulate a national plan for
prevention and victims' assistance, noting that an aggressive
prevention campaign is key in order to reduce the number of
people who are trafficked.


6. (C) The Ambassador thanked Cordoba for her efforts to
criminalize human trafficking and recounted his experiences
helping to combat TIP in Eastern Europe in coordination with
NGOs. Cordoba noted that she met with NGO Vital Voices
representatives during her last trip to Washington to learn
more from their experiences in fighting TIP. She also
thanked the Ambassador for USG recognition of Ms. Trimarco's
efforts to fight trafficking, and that she was especially
proud of this recognition as Ms. Trimarco is from Cordoba's
province of Tucuman. She added that the award has helped
bring even greater press coverage to the trafficking problem
in general and Ms. Trimarco's case in particular.


7. (C) Continuing, Cordoba explained that Ms. Trimarco's
search for her daughter is what compelled her to sponsor
anti-trafficking legislation and that she frequently
consulted Ms. Trimarco when drafting legislation. She noted
that Ms. Trimarco is working on establishing her own
foundation to continue her work and asked for continued
Embassy support of Trimarco's efforts. She also encouraged
the USG to keep TIP on the bilateral agenda for cooperation
and support. The Ambassador said that the Embassy wants to
help and will reflect on the best way forward, adding that
NGOs are key to an integrated approach to fighting TIP.
Cordoba agreed, noting that victims are often more
comfortable approaching an NGO than government authorities.
She added that her Commission has been working on the TIP
issue very closely with local NGO, the Center for the
Implementation of Equity and Growth Policy (CIPPEC),who has
submitted a proposal for World Bank funding to train and
raise awareness of the trafficking problem among NGO leaders.
(NOTE: CIPPEC has also submitted a proposal for G/TIP
funding to enhance coordination among NGOs working on this
issue, but it was not one that the Embassy identified as a
priority. However, CIPPEC is a very reputable and capable
local NGO.)


8. (C) Comment: Ambassador and Embassy staff continue to
actively lobby key players in the GOA and Argentine Congress
for rapid passage of comprehensive anti-TIP legislation (refs
A and B). Iribarne's and Cordoba's comments demonstrate that
there are serious and committed individuals within the GOA
who are working hard to improve the situation. Should a
Department representative participate in the American Jewish
Committee Dinner on May 3, we strongly suggest that the
Department reach out to First Lady Cristina Fernandez de
Kirchner, Foreign Minister Taiana, and Interior Minister
Fernandez to underscore USG interest on this matter. We will
continue to encourage the GOA to pass the law and then
further increase arrests and prosecutions. To that end, we
have submitted a cable requesting G/TIP funding (ref C) to
bolster the GOA's ability to investigate and prosecute TIP
cases as well as identify and provide assistance to
trafficking victims. We will also explore ways in which we
can support Ms. Trimarco's new foundation. End Comment.
WAYNE