UNCLAS SECTION 01 OF 18 DUBLIN 000171

SIPDIS

SENSITIVE
SIPDIS

STATE FOR G/TIP, G, INL, DRL, PRM
STATE FOR EUR/PGI
STATE PLEASE PASS TO USAID

E.O. 12958: N/A
TAGS: KCRM PHUM KWMN SMIG KFRD ASEC PREF ELAP EI
SUBJECT: IRELAND - SEVENTH ANNUAL TRAFFICKING IN PERSONS
(TIP) REPORT

REF: SECSTATE 202745 DEC 06

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1. (SBU) Summary: Ireland's awareness of and positive
performance on trafficking in persons (TIP) issues
increased significantly in 2006, while the overall
estimated number of suspected trafficking victims
remained small. Numerous public awareness campaigns,
sponsored by the Government and NGOs, drew attention to
Ireland's relatively new status as an immigration magnet
and to the related possibility that the country, over
time, could become a trafficking destination for the sex
industry and cheap labor. Recognizing the need to
preempt this possibility, the Government drafted two new
legislative bills that will address acknowledged gaps in
anti-trafficking laws and bring Ireland into conformity
with UN and EU regulations. The Government also took the
first steps towards signing the Council of Europe
Convention on Action Against Trafficking in Human Beings.
The Secretary General of the Department of Justice,
Equality, and Law Reform (DOJ) confirmed that Ireland
would sign the Convention in late March 2007.

In 2005, the Government established a TIP inter-agency
Working Group that drew primarily from the DOJ and
National Police (Garda). In 2006, the Government made
the Working Group a permanent body and expanded its
membership to include representatives from the Department
of Enterprise, Trade and Employment (DETE), the
Department of Foreign Affairs (DFA), the Health Services
Executive (HSE) and the Irish Naturalisation and
Immigration Service (INIS), which is part of the DOJ.
The Garda continued three investigative operations from
2005: Operation Quest, which investigates brothels and
lap-dance clubs; Operation Hotel, which coordinates
action against trafficking on a nationwide basis; and
Operation Poppy, which investigates the use of falsified
Irish passports for trafficking and smuggling. The Garda
also continued a joint program with the United Kingdom,
Operation Pentameter, which invest

igates trafficking
movement between the two countries. In December 2006,
the Garda piloted a new training program for working with
suspected trafficking victims, which was created with
input from several NGOs. In 2007, this program will
become a standard module in the basic training of new
Garda recruits and will become part of their in-service
training system (the continuing education system for all
Garda officers).

Growing attention to trafficking has accompanied
Ireland's increasing awareness that its new wealth has
brought significant demographic changes and new social
problems. Once a poor nation characterized by large-
scale emigration, Ireland is now economically prosperous
and an attractive destination for thousands of asylum and
employment seekers. The unprecedented flow of people
into Ireland has prompted the Government to address
issues relating to border control, residency rights,
labor standards, and social inclusion.

Although reliable trafficking statistics in Ireland in
2006 are difficult to determine, Government officials and
NGOs estimate that there were 5-20 suspected cases in

2006. One of Ireland's most vocal NGOs said that this
estimate represents the number of potential victims who
sought aid with its organization, but other NGO and Garda
estimates stand-by these numbers as estimates for
trafficking cases in total. All NGO representatives
agreed that specific numbers of victims are difficult to
determine given the nature of trafficking. NGOs are
concerned with two shifts in the sex industry in the last
decade: the increase of non-national women, who they
believe are more easily exploited, and the increasing
tendency to move the sex trade off the streets and behind
closed doors where it is harder to detect. With that in
mind, the Garda continued to focus on brothels in 2006 as
part of Operation Quest.

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2. (SBU) Post has engaged the Irish Government at the
highest levels to stress Ireland's role in fighting
European and global trafficking. We also have urged the
Government to develop a national action plan, and to move
draft anti-trafficking legislation forward as quickly as
possible. The Ambassador, DCM, POL/ECON chief, and
Embassy political officers discussed trafficking with the
DFA, DOJ, DETE, HSE, INIS, and local Garda as well as
numerous NGOs. Post will continue to urge the Government
and NGOs to improve cooperation to identify, assess, and
prosecute cases of trafficking. End Summary.


3. (SBU) The following items are keyed off reftel.

Overview:
--------------

-- A. 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 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.)?

While there are no official estimates of the number of
trafficking victims in Ireland, there are indicators and
anecdotal evidence that Ireland might be, on a very
limited scale, a destination and transit country for
international trafficking victims. NGO estimates for
the total number of actual trafficking cases in 2006
varied between 5 and 20. Many of these cases overlapped
with Garda investigations, so the total number of cases
is estimated to be less than 20. Representatives of
Ruhama, an NGO that aids prostitutes, said that most of
the victims they encountered were identified as foreign
women between 18 and 25 years of age from Eastern Europe
and Africa (Nigeria was specifically named). Ruhama
representatives stated that they worked with about 19
young women in 2006 whom they suspected were trafficking
victims. In each case where the victim was willing,
Ruhama referred the case to the Garda. One trend that
Ruhama representatives noted was that many prostitutes,
especially those from other countries, are no longer
working the streets, but are increasingly working in
private apartments/houses that function as brothels.

In 2006, Garda continued Operation Quest, which targeted
brothels. Since August 2005, investigators involved in
Operation Quest have raided 12 brothels in Dublin and,
according to press reports, are preparing "a number of
cases" for prosecution. However, no allegations of
trafficking have emerged during the investigations,
according a Garda contact.

Dublin-based representatives from the International
Organization for Migration (IOM) believed that they
worked with between 5 and 7 potential trafficking
victims in 2006. The IOM referred to the Garda the
cases of two South African women suspected of being
victims of trafficking for domestic labor. IOM
representatives also met with a Malaysian woman who was
likewise a suspected victim of trafficking for domestic
labor, but she refused to speak with the Garda. All
three women returned to their home countries with the
aid of the IOM. The IOM also worked with three other

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women ? a Nigerian, a Russian, and a Cameroonian ? who
were suspected of having been trafficked for sexual
exploitation. The three cases were referred to the
Garda for investigation, and all three women returned to
their countries of origin.

Unaccompanied minors entering Ireland have continued to
be an area of concern for both the Government and NGOs.
When minors (anyone under 17) come to Ireland without a
parent or guardian, they are automatically placed into
care facilities overseen by the Health Services
Executive (HSE), the administrative body that runs the
healthcare system. According to an HSE official, the
majority of these children travel to Ireland to join
their families who have already established residency or
are waiting for an asylum decision. However, those
children not reunited with their families are placed in
foster care or in a Government-run hostel. These
children are considered to be at a higher risk for
trafficking. In 2006, the media focused on the number
of children who disappear from the HSE hostels each
year. Garda investigations indicated that many of the
children considered missing had entered Ireland for work
purposes and that they were actually older than they had
claimed upon entry. Others were children of illegal
immigrants and had been reunited with their families.
NGO representatives speculated that some of those
children not accounted for were victims of trafficking.
Garda officials, however, investigate all cases of
missing children in Ireland, and no instances of
trafficked children have been discovered.

-- B. 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?).

NGO and Government contacts agreed that the majority of
suspected trafficking cases involved women who were
brought into Ireland for the sex industry. Most cases
involved Eastern European women, with a limited number
of people from Asia, Africa and South America. Most
suspected victims entered Ireland legally, either from
EU Member States or with a valid visa. Also, since
Ireland shares a Common Travel Area with the United
Kingdom, many were suspected to have entered Ireland
through the UK and Northern Ireland. Garda believe that
organized criminal gangs of foreign nationals
facilitated much of the suspected sex trade trafficking
and that these gangs also arranged for the victims'
employment and accommodation in brothels. The criminal
gangs reportedly solicit clients via text and voice
mobile phone contacts and the use of the Internet.
During the investigations, many women interviewed stated
that they had been recruited in their home countries,
where they had already been working in the sex industry,
and that they had traveled voluntarily. Garda National
Immigration Bureau (GNIB) officials suspect some use of
fraudulent documentation in cases involving victims from
West Africa and non-EU East European nations.


-- C. 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?


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For several consecutive years, the Irish Government has
enjoyed a budget surplus, and there are no unique
limitations on resources to address trafficking. Irish
police and border authorities are competent and well-run.
The Government has acknowledged the need for new
legislation that specifically defines and outlaws
trafficking in persons, even though there are already in
place a number of legislative measures criminalizing
actions that would be categorized as trafficking (see
section A under Investigation and Prosecution). The DOJ
is drafting legislation, the Criminal Law (Trafficking in
Persons and Sexual Offences) Bill, that will bring
Ireland into conformity with UN, EU and COE anti-
trafficking regulations and give police more precise
legal tools. The DOJ has published this legislation in
outline form on its website, and Government officials
expect this legislation to be introduced to parliament in

2007. A limitation on the Government's ability to
address trafficking would be lack of experience with TIP
issues, since immigration into Ireland, including illegal
immigration, is a relatively new phenomenon. The
Government is now striving to deploy the necessary staff,
resources, and procedures to deal with this increased
flow.

-- D. To what extent does the government systematically
monitor its anti-trafficking efforts (on all fronts --
prosecution, prevention and victim protection) and
periodically make available, publicly or privately and
directly or through regional/international
organizations, its assessments of these anti-trafficking
efforts?

The Government established a TIP Working Group in 2005
that coordinates the anti-trafficking efforts of the
Department of Justice, DETE, Department of Foreign
Affairs, GNIB, INIS, and the Health Services Executive.
The Working Group liaises with various Irish and
international NGOs on TIP programs and the identification
of possible victims. The TIP Working Group issued its
first report in May 2006 and expects to issue its second
report in the summer 2007. The Government actively
engages with international organizations dealing with
trafficking, including the UN, EU, and OSCE, and works
bilaterally with countries that are transit or source
countries of the sex industry. The GNIB works under the
Irish National Police but carries out its immigration
functions on behalf of the Minister of Justice. This
system ensures a sharing of information among immigration
policy-makers, immigration officers, and national police.
A GNIB official, in addition to representing Ireland at
the EU Border Agency in Warsaw, participates in an
information-sharing forum of NGOs working to combat
trafficking and to deter violence against women. Given
the limited number of trafficking cases identified in
Ireland, the Government does not specifically track, and
therefore does not publish, trafficking statistics.

PREVENTION:
--------------

-- A. Does the government acknowledge that trafficking
is a problem in that country? If no, why not?

The Irish Government acknowledges that Ireland is a
potential destination and transit country for trafficking
and that a very limited number of trafficking victims
have been identified. It has not found evidence that the
problem presently exists in any measurable scale. It
actively investigates all credible allegations of
trafficking.

-- B. Which government agencies are involved in anti-
trafficking efforts and which agency, if any, has the
lead?


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The Department of Justice, Equality and Law Reform (DOJ)
has a significant role in anti-trafficking efforts since
it is responsible for criminal law and law enforcement
policy, immigration and border control laws, and gender
equality. The DOJ heads the TIP Working Group. The
Working Group released its first report, "Trafficking in
Human Beings" in May 2006. This report can be found on
the DOJ website at
http://www.justice.ie/80256E010039C5AF/vWeb/
flJUSQ6PHDTQ-en/$File/THBreport.pdf.

Agencies of the Irish National Police (Garda) are
primarily responsible for operational anti-trafficking
efforts. The Garda National Immigration Bureau (GNIB) is
responsible for all matters pertaining to immigration.
Within the Garda's National Support Services, the
National Bureau of Criminal Investigation has
responsibility for investigations of trafficking in human
beings.

In conjunction with the GNIB, the Departments of Justice
and Foreign Affairs participate in regional and
international conferences on trafficking. The Department
of Foreign Affairs (DFA) also is engaged through
development assistance, EU, COE and OSCE obligations, and
the co-sponsorship of resolutions at the UN and UNHCR.

The Department of Enterprise, Trade and Employment (DETE)
has a role in relation to the protection of workers
rights and would be involved in any cases of suspected
trafficking of forced laborers.

The Health Service Executive (HSE) has particular
responsibilities with regard to the welfare of child
victims of human trafficking. The Refugee Act 1996
requires immigration officers and members of the Garda
who encounter minors unaccompanied by parents or
guardians to place them in the care of the HSE.

-- C. 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).

The Minister for Justice launched an awareness campaign
in May 2006 as part of Ireland's participation in the
United Kingdom's Operation Pentameter, a law enforcement
effort that targets organized criminal gangs involved in
trafficking. The campaign mostly consisted of posters,
translated into several languages, that were
strategically placed at locations where vulnerable non-
Irish nationals were known to frequent or pass through,
i.e. airports, bus and rail stations, ports, hospitals,
pubs, nightclubs and Garda Stations. The posters listed
a toll-free number for secure and confidential calls and
encouraged victims of human trafficking to report their
situation to the authorities. The posters also
requested men who used prostitutes to report, on a
confidentail basis, if they come across women they
believed were being held against their will.

The Sexual Violence Centre in Cork, which is partially
funded by the Government, launched a sex trafficking
awareness campaign in June 2006 aimed at raising public
awareness on trafficking issues in Ireland and Cork in
particular. The program consisted of posters,
brochures, and a street campaign aimed at raising
awareness of trafficking for sexual exploitation.

-- D. 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.

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The Irish Government co-funds the Dublin-based
International Organization of Migration's (IOM) "Return
and Reintegration" program, which is designed to reunite
families divided by migration.

The Garda have a Racial and Intercultural Office to train
the police to interact effectively with the new
minorities who have immigrated to Ireland in recent
years. The training focuses on gaining the trust of
minority communities and encouraging community members to
approach the police and report crime.

-- E. What is the relationship between government
officials, NGOs, other relevant organizations and other
elements of civil society on the trafficking issue?

The working relationship between Government officials and
NGOs is excellent. While several NGOs would like to see
more support for trafficking victims, all the NGOs
reported a good rapport among their organizations and
various Government offices, including the Garda and the
DOJ. Government officials also reported close working
ties to a number of NGOs. One Garda official noted that,
although the NGOs and Government did not always agree on
certain issues or the number of potential victims in
Ireland, they were mutually respectful and shared the
same goals of stopping trafficking and aiding victims of
trafficking.

The Irish Naturalisation and Immigration Service (INIS)
division of the Department of Justice works closely with
the GNIB to combat illegal immigration. To facilitate
the tracking of potential victims, the GNIB shares its
immigration database with local Garda precincts and a UK
immigration official posted to the GNIB headquarters.
Cooperation and coordination with NGOs takes place
through direct contacts between the Irish Government and
the relevant NGOs. Ireland en Route (IER) is a loose
network of Government agencies, NGOs, academics and other
experts who meet three times per year to communicate on
topics such as training for police, EU and domestic
legislation, best practices and other trafficking issues.
It is not a national action plan or task force, but does
facilitate the coordination of anti-trafficking efforts.

The Department of Justice consulted widely with
transportation companies prior to the introduction of
legal sanctions in the Immigration Act 2003. This Act
followed the 2001 creation of a voluntary Code of
Practice with the Irish Road Haulage Association to
encourage greater vigilance in ensuring that covert
passengers were not present in vehicles arriving in
Ireland.

-- F. Does it monitor immigration and emigration
patterns for evidence of trafficking? Do law
enforcement agencies screen for potential trafficking
victims along borders?

Yes, the Government monitors its borders and
immigration/emigration patterns for evidence of
trafficking, and law enforcement agencies respond
appropriately to such evidence. Immigration officers are
present at all air and seaports within the state. In
2003, a new information technology system equipped with a
passport reader and facial recognition technology was
introduced to allow immigration officers at the border to
link-up with a database at GNIB headquarters in Dublin.
Through this system, a range of reports on immigration-
related issues are generated on a daily basis enabling
identification of patterns, trends, and modus operandi
with regard to a wide range of immigration-related
criminal activity. Detection and investigation of
potential incidents of human trafficking is facilitated
by the GNIB. Immigration officials also take

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fingerprints of most visitors entering the country who
have entry visas.

Ireland has a land border with Northern Ireland that is
difficult to monitor due to numerous unmanned crossing
points, which, according to police, are popular points of
entry for illegal immigrants. An estimated 12,000
illegal movements take place at the border with Northern
Ireland every year. Immigration officers from the GNIB
and from local districts monitor certain crossing points
periodically.

A new Immigration, Residence and Protection Bill
(separate from the Criminal Law (Trafficking in Persons
and Sexual Offences) Bill mentioned in section C) was
drafted and published in 2006 and immigration officials
expect to present the Bill to parliament in 2007. The
Bill will strengthen the reporting requirements for
persons entering Ireland and the carriers involved in
transporting them. In an effort to monitor the movements
of unaccompanied minors, the Bill will require that all
foreign national entering the country register with the
GNIB (at present registration is required only for those
over age 16).

-- G. 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?

In 2006, Ireland's multi-agency Working Group became a
permanent part of the Department of Justice. The group
expanded in 2006 to include members from the Department
of Enterprise, Trade and Employment (in order to address
issues of trafficking for forced labor) and the Health
Services Executive (to concentrate on trafficking of
children). The group also included members from the
INIS, the Department of Foreign Affairs, the Department
of Justice, and the Garda.

On international and multilateral levels, Ireland engages
on trafficking issues through its participation in the
EU, UN, OSCE, and COE. The Department of Foreign Affairs
has the lead and coordinates Ireland's participation with
all relevant ministries.

The GNIB worked directly with several foreign police
departments on trafficking issues in 2006. In addition
to ongoing cooperation with the UK on Operation
Pentameter, Garda contacts said they began working with
Lithuanian authorities in 2006 on anti-trafficking
measures due to the high number of Lithuanian citizens in
Ireland (an estimated 70,000-100,000, according to the
Lithuanian Embassy in Dublin) and the high level of fraud
with Lithuanian passports.

De facto law enforcement coordination exists as a result
of the multiple functions of the GNIB. The GNIB works
under the direction of the Garda, but its immigration
function is carried out on behalf of the Minister of
Justice. This ensures constant contact between
immigration policy makers, immigration police and regular
police.

-- H. 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?

The Government has not published a plan to address
trafficking exclusively. Rather, the inter-agency
Working Group, with NGO input, coordinates on Government

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measures that focus on trafficking, as described above.

INVESTIGATION AND PROSECUTION OF TRAFFICKERS:
--------------

-- A. 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).

There are presently five Laws that deal with trafficking
in persons - The Immigration Act 2003, The Illegal
Immigrants (Trafficking) Act 2000, The Child Trafficking
and Pornography Act 1998, The Proceeds of Crime Act 1996
and The Criminal Law (Sexual Offenses) Act 1993. Under
current Irish law, "trafficking" encompasses both
smuggling and trafficking.

In July 2006, the Irish Government authorized the DOJ to
draft a Criminal Law (Trafficking in Persons and Sexual
Offences) Bill. The Bill will separate trafficking
offenses from smuggling. Under the new Criminal Law,
convicted traffickers will be liable up to life
imprisonment when a victim is under 18 years or up to 14
years imprisonment when the victim is an adult. The
Office of the Parliamentary Counsel is finalizing the
technical drafting of the Bill, which is expected to be
published later this year. Government officials expect
to present this legislation to Parliament in 2007. The
proposed Bill can be viewed on the Department of Justice,
Equality and Law Reform website at
http://www.justice.ie/80256E010039C5AF/vWeb/
flJUSQ6PHDTQ-en/$File/THBreport.pdf.

The Immigration Act 2003 requires carriers operating
aircraft, ferries, or other vehicles bringing persons to
Ireland from any area except the Common Travel area
between Ireland and the UK, to ensure that those
passengers are in possession of the necessary immigration
documentation. The Act provides for a fine for passengers
traveling with inadequate documentation.

In addition, the Act requires Government departments,
local authorities, health boards, the Garda, and refugee
applications determination bodies to share information on
non-nationals, including applicants for refugee status,
in order to ensure compliance with laws relating to their
entry, residence, and removal from the State.

The Illegal Immigrants (Trafficking) Act 2000 made it an
offense for a person to organize or knowingly facilitate
the entry into the State of a person whom he knows to be,
or has reasonable cause to believe to be, an illegal
immigrant or person who intends to seek asylum. While
this law more correctly describes smuggling, a trafficker
would also be subject to this law. Section 2 of this Act
would apply most readily to traffickers, as it
specifically prohibits bringing in illegal immigrants for
the financial gain of those facilitating the entry. The
penalty on conviction of indictment for this offense is
an unlimited fine, or up to 10 years imprisonment, or
both. The penalty for a guilty plea, however, is a
maximum of 12 months incarceration and a fine not to
exceed euro 1,500.


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The Child Trafficking and Pornography Act makes it an
offense, inter alia, to organize or knowingly facilitate
the entry into, transit through, or exit from the State
of a child for the purpose of sexual exploitation, or to
provide accommodation to such a child while in the State.
The maximum penalty is life imprisonment.

The Proceeds of Crime Act allows for the confiscation of
assets of those involved in criminal activity, including
trafficking in people. The assessment of tax liability
on the illegal earnings may also be pursued. In
addition, Ireland has comprehensive civil legislation
that provides for seizure of assets acquired through
criminal activity. A criminal conviction is not
necessary before a civil case can be filed, and the
burden of proving that the assets are not the proceeds
of crime rests with the defendant in civil proceedings.
The Criminal Assets Bureau implements this legislation
working with other Government agencies.

The Criminal Law (Sexual Offenses) Act of 1993 prohibits
and penalizes those found soliciting or importuning for
the purpose of prostitution. The act also penalizes
those controlling or directing the activities of a
prostitute, organizing prostitution by controlling or
directing the activities of more than one prostitute for
the purpose of prostitution, or compelling or coercing a
person to be a prostitute.

False imprisonment is an offence under section 15 of the
Non-Fatal Offences against the Person Act 1998 and is
punishable by up to life imprisonment.

The Slave Trade Act 1824 renders all operations in
connection with the slave trade illegal and slavery or
servitude is prohibited under the Irish Constitution
(Article 40).

-- B. What are the penalties for traffickers of people
for sexual exploitation? For traffickers of people for
labor exploitation?

The one crime of trafficking covers both offenses. If
the circuit court deals with a case, then the penalty
can include up to a 1,500 euro fine and 12 months in
jail. If a case is appealed to the district court, then
the penalty is a maximum of ten years imprisonment.
There is no cap on the fine.

-- C. What are the penalties for rape or forcible sexual
assault? How do they compare to the penalty for sex
trafficking?

Under Irish Law, the maximum sentence possible for rape
is life imprisonment (eight years is the average
sentence), and the maximum possible sentence for
aggravated sexual assault is life imprisonment. This is
similar to the penalty for Child Trafficking as provided
for in the Child Trafficking and Pornography Act 1998.

-- D. 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? 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.

Prostitution itself is not illegal under Irish law, but
it is an offense to solicit another person for the
purposes of prostitution, to be involved in organized
prostitution, or to live off the proceeds of a third
party's income from prostitution (pimping). Under the
Criminal Law Amendment Act 1885, it is also illegal to

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procure a woman or girl to become a prostitute, to leave
the country to become a prostitute, or to leave her
usual place of abode to become a prostitute. Brothels,
defined as establishments of two or more women made
available for prostitution, are illegal. Under the
above mentioned Act, it is an offence to detain any
woman or girl against her will in a brothel. A woman or
girl is deemed to have been detained in a brothel where,
inter alia, property belonging to her is withheld.

-- E. 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)

In December, a Congolese man was convicted and sentenced
to 15 years imprisonment for sexual violence offences
against two female minors. One of the victims was a 15-
year-old girl he claimed to have married after paying "a
dowry of goat, a length of fabric, a frying pan and
?500." The other victim was a 13-year-old girl whom he
and his wife had brought to Ireland to "help rear their
children." Although Garda and DOJ officials considered
this to be a trafficking case, the Director of Public
Prosecutions sought prosecution for several sexual
violence charges because the available evidence and
likelihood of prosecution was stronger on those charges.
Police detectives from the girls' country attended the
trial in Ireland. Both girls also traveled back to
their country to testify in a related case. One of the
girls remained in her home country while the other
victim chose to return to Ireland, where she is seeking
asylum. She has been granted legal status while her
application is being processed.

In March, a newspaper reported the investigation into a
Romanian woman's account of forced prostitution and
false imprisonment by a Romanian man who helped her and
her three children obtain visas to Ireland. The Garda
investigated the information she provided and worked
with Interpol to track down leads in Romania. The case
is still under investigation.

In January 2005, the GNIB charged a Nigerian-born Irish
citizen under trafficking laws for attempting to bring
12 Mauritian nationals into the country. This case was
referred to the Circuit Court, and a June 2007 trial
date was set. The man is currently released on a 10,000
euro bail bond. Garda officials traveled to Mauritius
in 2006 to interview the 12 suspected victims. The
interviews did not indicate that the 12 Mauritian
citizens were victims of trafficking, but that they had
been attempting to enter Ireland for the purpose of
obtaining employment.

In 2006, there were no prosecutions or convictions
specifically for trafficking. Three people were
convicted under the Illegal Immigrants (Trafficking Act)
2000, but these cases were human smuggling rather than
trafficking.

Targeted Garda operations uncovered a small number of
suspected trafficking cases. The majority of these
cases involved Eastern European nationals suspected of
trafficking countrywomen into Ireland to work in the sex
industry. The Garda have also encountered a small
number of suspected cases of African children being
trafficked into Ireland for the purpose of sexual
exploitation and forced labor within African communities
in Ireland (see case sample above). Garda are currently
investigating 10 cases of suspected trafficking.

DUBLIN 00000171 011.4 OF 018



-- F. 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.)

Government contacts suspected that organized criminal
elements, mainly from Eastern Europe, and individual
traffickers from Africa were responsible for a portion of
the limited amount of trafficking in Ireland. NGO
accounts from possible trafficking victims suggested that
trafficking occurred along nationality lines. One
example given by an NGO representative was of Lithuanian
women being brought in by Lithuanian contacts for
prostitution solely among the Lithuanian immigrant
population in Ireland.

While evidence of the involvement of criminal gangs is
scarce, Ireland has undertaken a number of Garda
operations to prevent and detect such activity, including
Operation "Hotel", Operation "Quest" and Operation
"Poppy," described below.

There are no allegations of involvement by Government
officials.

-- G. 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?

The Government does actively investigate alleged cases of
trafficking. When there is suspicion of trafficking, the
Government responds appropriately. Since the enactment
of the Illegal Immigrants (Trafficking) Act 2000
approximately 100 people have been arrested on suspicion
of committing offences under the Act. Four people have
been charged with breaches of section 2(1) - aiding or
facilitating the entry of an illegal alien into the
country for profit. Two people were convicted of
smuggling, and two are awaiting trial on charges of
smuggling.

There are approximately 10 alleged breaches of the
Illegal Immigrants (Trafficking) Act 2000 currently under
investigation, although the majority of these cases
relate to smuggling.

As mentioned above, the Garda have several active
operations in place to investigate suspected trafficking
activity. These included:

Operation Quest, in which Garda continued to raid lap-
dance clubs and brothels, thoroughly questioned those
involved in the raids, and maintained contact in
subsequent months, to determine if any of the workers
were trafficking victims. Even though the underlying
motive for the investigations was suspicion of
trafficking, no workers claimed to be trafficked, and
Garda prosecuted only for work permit violations and
prostitution violations.

Operation Hotel, a joint effort between the Criminal

DUBLIN 00000171 012.4 OF 018


Assets Bureau, the Garda fraud unit, the National Bureau
of Criminal Investigations and the Garda National
Immigration Bureau, investigates allegations of
trafficking nationwide. Since its inception in 2005,
Garda have arrested three individuals on non-trafficking
related offenses.

Operation Poppy was established in 2005 to prevent the
illegal use of Irish passports in smuggling or
trafficking instances. In one case, investigations
revealed the use of 13 Irish passports in efforts to
smuggle Romanians into the country.

The Irish Criminal Code does not prohibit or regulate
covert operations.

-- H. Does the government provide any specialized
training for government officials in how to recognize,
investigate, and prosecute instances of trafficking?

The Government provides training in country and sends
officials to seminars and conferences abroad. Some
examples follow:

-- In July, the Dublin-based office of the International
Organization for Migration (IOM) conducted a two-day
training seminar titled "The Training of Border Guards,
Border Police and Customs Officials in Identifying of and
Providing Assistance to the Victims of Trafficking."
Attendees included Garda Training College personnel, GNIB
officers, immigration officials, and UK law enforcement
officials. This course was sponsored by the Belgian and
Hungarian Governments in cooperation with the European
Commission. IOM contacts said that the Government has
already expressed interest in running this program again
in 2007.

--In December, a similar victim recognition and
assistance training seminar was developed and piloted by
the Garda with the assistance of the NGO Ruhama. This
program will now be provided to key Garda personnel
throughout Ireland as part of their continuous
professional development program. The training program
has been designed specifically to enable Garda to
identify the victims of trafficking, including children,
whom they encounter in the course of their duties. The
program also aims to ensure that Garda fully understand
the complexity of trafficking issues and that victims
receive appropriate assistance. To date, this training
has been delivered to immigration officers and members
of district detective units, on a national basis.

--In addition to this program, a new training module on
the phenomenon of human trafficking will be included as
part of the overall training for new Garda recruits and
will be part of the organization's in-service training
system.

--Irish law enforcement organizations take part in
European-wide conferences on the prevention of organized
exploitation of women and children and are part of the
Interpol Working Group on Trafficking in Human Beings.
This group developed a manual of best practices for
investigators that provides practical guidelines for
investigators and a structured way to locate advice on a
specific issue.

--Garda personnel also regularly participate in courses
organized by CEPOL, the European Police College, related
to human trafficking. These courses are targeted at
senior police officers who are responsible aiding in the
prosecution of trafficking cases or organized crime
cases, members of lecturing staff in national police
training colleges, and chiefs of police and Government
officials from relevant ministries dealing with
questions of human trafficking.

DUBLIN 00000171 013.4 OF 018



--As part of the EU AGIS program (a criminal justice
cooperation program for EU Member States), the Garda
hosted a conference in Dublin in November 2005 titled
"Forum to Improve Best Practice in the Prevention,
Detection and Investigation of Trafficking in Human
Beings." The Conference was funded by the European
Commission and the Irish Department of Justice, Equality
and Law Reform.


--I. 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?

The Government does cooperate with other governments in
the investigation of prosecution of trafficking victims.

Since Ireland and the United Kingdom share a Common
Travel Area, the two countries have close cooperation on
a number of immigration and trafficking investigations,
including Operation Pentameter. The two countries also
exchange liaison officers between GNIB and UK immigration
Service (UKIS). In September, the two Governments signed
a Memorandum of Understanding in relation to facilitating
the systematic exchange of immigration-related
information.

Ireland has also established operational cooperation
with immigration and police authorities in Lithuania,
Spain, the Netherlands, and France, major transit points
for illegal immigration into Ireland, with a particular
focus on trafficking and smuggling activity. Department
of Justice officers are also assigned to the Irish
Embassies in Russia, China, India, Egypt, and Nigeria to
interact with local law enforcement authorities on
immigration and trafficking matters. Additionally, the
GNIB liaises with carrier companies whose routes may be
vulnerable to traffickers.

On a multilateral level, a Garda officer is currently
seconded to Interpol headquarters in Lyons, working as a
Criminal Intelligence Officer in the Trafficking in Human
Beings sub-directorate. Garda representatives are also
part of the Interpol Working Group on trafficking in
women.

-- J. 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?

Ireland does extradite persons in certain circumstances
with those countries with which it has extradition
agreements in place. However, Irish courts take a very
exacting approach toward such requests. Requests that do
not fully comply with the standards set by the courts are
often delayed or denied, as the legal presumption is
against extradition. In addition, Irish courts will deny
an extradition request if they feel that the defendant
will not be given the same guarantees available under the
Irish constitution in the requesting jurisdiction.

Within the European Union, persons can also be returned
to their own jurisdiction under the provisions of the
European Arrest Warrant Act 2004. In 2006, Ireland
received three European Arrest Warrants from EU countries
in relation to persons wanted on trafficking offences.
Two cases are ongoing. In the third case the High Court
ordered that the person be surrendered to the country in

DUBLIN 00000171 014.4 OF 018


question. The domestic arrest is currently being
processed.

-- K. Is there evidence of government involvement in or
tolerance of trafficking, on a local or institutional
level? If so, please explain in detail.

There is no evidence of Government involvement in or
tolerance of trafficking, on a local or institutional
level.

-- L. 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.

There is no evidence of Government involvement in
trafficking.

-- M. 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)?

Ireland does not have an identified child sex tourism
problem. The Government has authority to deport non-
national pedophiles according to the strictures of its
extradition treaty with the country of origin of the
arrested individual.

-- N. 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. ILO Convention 182 was ratified on
December 12, 1999.

--ILO Convention 29 and 105 on forced or compulsory
labor. ILO Convention 29 was ratified on June 11, 1958
and ILO Convention 105 was ratified on March 2, 1931.

--The Optional Protocol to the Convention on the Rights
of the Child (CRC) on the sale of children, child
prostitution, and child pornography. The Optional
Protocol to the Convention on the Rights of a Child was
signed on September 7, 2000, and ratifying legislation is
pending.

--The Protocol to Prevent, Suppress and Punish
Trafficking in Persons, especially Women and Children,
supplementing the UN Convention Against Transnational
Organized Crime. The Protocol to Prevent, Suppress, and
Punish Trafficking in Persons was signed in December
2000, and ratifying legislation is pending.

According to DOJ officials, the enactment of the
Criminal Law (Trafficking in Persons and Sexual
Offences) Bill is the next step towards ratification of
the final two protocols listed above.

The Minister for Justice, Equality and Law Reform
announced in December 2006 his intention to ask the
Government to sign the Council of Europe Convention on
Action Against Trafficking in Human Beings. It is
expected that the Convention will be signed during the
first half of 2007. The Minister also announced that
the Government intends, as part of the new Immigration,
Residence and Protection Bill, to provide a policy

DUBLIN 00000171 015.4 OF 018


statement on the issue of trafficking in human beings.
This statement will be binding on staff dealing with
persons who are victims of trafficking.


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

-- A. 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?

The current assistance program for trafficking victims
uses partially Government-funded humanitarian NGO
facilities and programs. Given the relatively small
number of trafficking cases in Ireland, the Government
and Garda refer potential victims on a case-by-case basis
to organizations like Ruhama and the International
Organization for Migration. These NGOs provide food,
shelter, social and medical care, and legal assistance if
desired.

The current immigration system allows Irish
Naturalization and Immigration Service (INIS) authorities
to provide potential victims with permission to remain in
Ireland, as necessary. Government officials stated that,
in addition to providing respite for the individual, it
is in the interests of both the victims of trafficking
and the authorities to co-operate to ensure the
protection of victims and the prosecution of
perpetrators.

Trafficking victims can also be assisted to return and
reintegrate in their countries of origin with the aid of
the International Organization for Migration. There are
also links to the Red Cross which can help to establish
contact with families in the country of origin.

The Government provides care for separated children
seeking asylum and for unaccompanied minors entering
Ireland. The Department of Health receives referrals
from the INIS, the GNIB and the Office of the Refugee
Applications Commissioner. The Health Service Executive
(HSE) is responsible for the care of children (17 and
younger) and provides social, medical, psychological, and
educational services as well as family reunification,
when possible. An HSE official estimated that HSE
receives 13-15 cases per month, although the majority of
these children are reunited with their families after
familial ties are confirmed by HSE. There are
approximately 300 children currently in care with the
HSE, according to HSE contacts.

The proposed Immigration, Residence and Protection Bill
will also include a trafficking victim's policy
statement. This statement will codify the Government's
various policies on how Government officials should
assist potential trafficking victims and will be binding
on the various agencies involved in immigration.

-- B. Does the government provide funding or other forms
of support to foreign or domestic NGOs for services to
victims? Please explain.

In 2006, the DOJ's Probation and Welfare Service
provided euro 275,000 to Ruhama. The DOJ's Commission
for the Victims of Crime also provided Ruhama with an
additional euro 57,500 that was specifically earmarked
as funds to cover living expenses while victims await
court appearances.

The Government provided euro 838,000 to the local office

DUBLIN 00000171 016.4 OF 018


of the International Organization for Migration in 2006
and has budgeted euro 810,000 for 2007. Although the
IOM does not specifically address trafficking concerns,
the organization is used as an assistance resource for
those victims wishing to return to their home countries.

Ireland En Route (an anti-trafficking coalition of NGOs
and Government officials) twice applied for funding from
the DOJ's violence against women budget. They were
granted euro 12,000 to set up the forum and euro 26,768
to employ an anti-trafficking coordinator. The
Government also provides personnel to Ireland En Route

The Irish Government's Overseas Development Program,
known as Irish Aid, provided a total of euro 2.042
million for on-going anti-trafficking programs:

Irish Aid provided euro 1.363 million to support the
International Labour Organisation's (ILO) five-year
regional program in Albania, Moldova and Ukraine, which
promotes employment, vocational training and national
policy measures to prevent and reduce trafficking in
women.

In 2006, Irish Aid committed to fund euro 300,000 over
three years to ECPAT (End Child Prostitution, Child
Pornography and Trafficking of Children for Sexual
Purposes), a global network of organizations working on
issues of children's rights, child prostitution, child
pornography and child trafficking for sexual purposes.

Also, under its Civil Society Fund, Irish Aid provided
euro 379,000 over three years (beginning in 2005) to the
Irish NGO, Children in Crossfire. The aim of this
program is to combat trafficking in human beings,
especially women and children, within South Asia by
promoting the roles of community and local Government in
the reduction of trafficking and by increasing the level
of participation of poor women and children in social
and economic activities.

-- C. 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?

Garda regularly make referrals to Ruhama and other NGOs,
who then provide women with care and support.

-- D. 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?

NGOs report that women suspected of being trafficking
victims are generally treated well, although there have
been instances in rural areas where Garda officials,
unfamiliar with the trafficking phenomenon, have
initially detained women in prison. Alleged victims have
also been held in jail until the courts were
satisfactorily able to determine their true identity.

Ireland is a signatory to the EU's Framework Decision on
the Standing of Victims in Criminal Proceedings to
harmonize the treatment of victims of crime across the
EU. Government implementing legislation requires the
Garda to show special sensitivity in relations to victims
of sexual offenses.

-- E. 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

DUBLIN 00000171 017.4 OF 018


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?

NGOs and Garda both reported that the Garda encourage
women to assist in investigations, but do not pressure
them to do so. Some of the funding the NGO Ruhama
received for victim support was specifically earmarked as
funds to cover living expenses while victims awaited
court appearances.

NGOs that work with migrant and immigrant workers
reported assisting possible victims of labor trafficking
in filing civil claims against their employers, although
the situations described were cases of exploitation
rather than trafficking. In the majority of cases, the
courts found in favor of the plaintiff (employee).
According to Department of Enterprise, Trade and
Employment contacts, the legal status of a non-Irish
employee had no bearing on cases brought to court.

-- F. 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)?

The Government has a witness protection program, but no
trafficking victims have, to date, been included in the
program. There are no restrictions that would prevent a
trafficking victim from participating in this program,
if needed.

Both the Government and NGOs provide shelter to people
in need, but because of the low number of suspected
cases, there are no shelters specifically earmarked for
victims of trafficking or smuggling.

Unaccompanied minors who enter the country are deemed
vulnerable, and at risk to be picked up by traffickers.
These children are turned over to the Health Service
Executive (HSE) for care. The HSE is responsible for
the appropriate placement of all children taken into
their care, including placements in residential and
foster care.
.
-- G. 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?

Social workers, members of the Special Unaccompanied
Minors Unit in the Dublin Health Service Executive, the
GNIB, Garda, and staff of the Refugee Applications
Commissioner are trained to spot possible trafficking
victims. In addition, a new training module on human
trafficking will be delivered to new Garda recruits and
to existing Garda through the organization's in-service
training system. The GNIB works closely with UK
counterparts to review and track cases of suspected
trafficking and employs an exchange program of officials
with the UK to further bilateral cooperation in the field
of immigration. While Department of Foreign Affairs
officials participate in international conferences and

DUBLIN 00000171 018.4 OF 018


training sessions, the diplomatic corps as a whole is not
specifically trained regarding assistance or support for
trafficking victims, although they do receive training in
overall human rights issues, which includes trafficking.

-- H. Does the government provide assistance, such as
medical aid, shelter, or financial help, to its
repatriated nationals who are victims of trafficking?

The Government is not aware of any Irish nationals who
have become victims of human trafficking.

-- I. 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?

There are several smaller NGOs, particularly minority or
immigration rights NGOs, who may indirectly come into
contact with trafficking victims. However, the most
active organizations are:

- Ruhama - Ruhama provides support to prostitutes and
women suspected of having been trafficked for sexual
exploitation. Ruhama provides emergency accommodation,
if possible, social and psychological support, referrals
to health and legal authorities, and assistance in
accessing educational and employment opportunities.

- International Organization for Migration, Dublin ? In
relation to trafficking, IOM carries out information
campaigns, provides counseling services, conducts
research on trafficking, provides Government funded
training to Irish officials, and assists victims who
willingly want to return to his or her home country.

- Ireland En Route - Ireland En Route is a Forum on
Trafficking of Women and Children for Sexual
Exploitation. This is a multi-agency group comprised of
Health Service representatives, Garda, members of the
GNIB, and NGOs. The forum was set up in 2000 to raise
awareness and address some of the issues associated with
trafficking of women and children for sexual
exploitation. It also attempts to disseminate
trafficking information within the group and with other
organizations.

- Migrant Rights Center Ireland - The Migrant Rights
Center Ireland is a Human Rights advocate for migrant
workers and their families. The organization provides
information on rights to migrants and lobbies the
Government to change the laws and policies that affect
these workers.


4. (U) Point of Contact for this report is Political
Officer
Jennifer Danover, office phone 353-1-630-6275, fax number
353-1-667-0056, e-mail DanoverJJ@state.gov.


5. (U) The number of hours spent compiling this report
by embassy employees is as follows:

Name, rank and time spent:
Ambassador Thomas C. Foley, FA-NC - 4 hours
DCM Jonathan Benton, FS-01 - 7 hours
POL/ECON Chief Joe Young, FS-02 - 15 hours
POL/ECON Officer Jennifer Danover, FS-04 - 80 hours
POL/ECON OMS Anne Marie Witkowski, FS-06 - 2 hours
POL/ECON Specialist, Peter Glennon, FSN-10 - 10 hours
CONS Chief Danny Toma, FS-02 - 1 hour


FOLEY
FOLEY