PANAMA: 2007 TRAFFICKING IN PERSONS REPORT

UNCLAS PANAMA 000382 SIPDIS SIPDIS SENSITIVE DEPARTMENT FOR G/TIP, G, INL, DRL, PRM, AND WHAT/PPC E.O. 12958: N/A TAGS: KCRM PHUM KWMN SMIG KFRD ASEC PREF ELAB PM SUBJECT: PANAMA: 2007 TRAFFICKING IN PERSONS REPORT REF: 2006 STATE 202745 ¶1. (U) Embassy Panama's response to reftel questions on trafficking in persons (TIP) follows. Replies correspond to paragraphs 27-30 of reftel. -------------- OVERVIEW -------------- ¶A. PANAMA is an origin, transit, and destination country for trafficked persons. However, PANAMA is generally considered by the GOP and NGOs as more of a transit and destination point than a source country. Reliable statistics or estimates on the number of trafficking victims do not exist. International organizations estimate that thousands of people are smuggled through PANAMA each year, but that the number of trafficking cases are a small fraction of that number. According to NGOs, international organizations, and the GOP, women were trafficked into the country for sexual purposes and rural and indigenous children may have been trafficked internally to work in urban areas. There were no territories outside the government's control as per reftel's description. Sources of information on trafficking include various GOP ministries and entities, such as the Judicial Technical Police's (PTJ) Sex Crimes Unit, the Ministry of Government and Justice, and the Public Ministry; NGOs; international organizations such as UNICEF; and labor unions and groups. According to the GOP, PANAMA is working to document trafficking routes, perpetrators, and methods. In 2006, Panama's public forces including the police agencies worked with UNICEF to develop a map of trafficking and smuggling routes used within the country and identified up to 10 possible routes. ¶B. Post is not aware of any significant changes in the trafficking situation in the country since last year's TIP Report. However, according to the PTJ, trafficked women came mostly from Colombia, but not from the Dominican Republic as stated in last year's report. The PTJ reported that Chinese organized crime was increasingly involved in running exploitative massage houses and clubs. Typically, the scenario involves women who willingly entered PANAMA to work as prostitutes, but upon arrival club/brothel owners confiscated their passports and prevented them from leaving or stopping work. The PTJ also mentioned that Panamanian women were trafficked into Jamaica for sexual exploitation. The political will in PANAMA to address trafficking is evident in the GOP's and various NGOs' concern with the problem and their various efforts to raise awareness and improve prevention and prosecution capabilities. However, the GOP has yet to undertake two important steps to combat trafficking: the discontinuation of the "alternadora" visa, which allows sex workers to enter the country, and the collection of funds for anti-trafficking purposes, including one dollar from the $20 departure tax from each tourist. ¶C. The main limitation on the GOP's ability to address trafficking is a lack of funding. The GOP stated that there was no designated part of the national budget to address trafficking. (Note: In early 2007, the GOP reported its first budget surplus in ten years, albeit a modest one of $88 million or 0.5 percent of GDP. It is unclear whether this might enable the GOP to devote greater funding to address trafficking. End note.) Related limitations included the lack of other resources such as personnel, technical support, and infrastructure. Corruption in general was a problem in Panama, but post had received no reports indicating that corruption had a direct effect on resources to fight trafficking. ¶D. The National Commission for the Prevention of Crimes of Commercial Sexual Exploitation (CONAPREDES) is the national entity that coordinates and monitors the country's anti-trafficking efforts. CONAPREDES publishes anti-trafficking information on its website, including information on the GOP's programs and objectives and anti-trafficking meetings and seminars. In August 2006, the Public Ministry (which includes the Attorney General's office) added a link to CONAPREDES to its website. The GOP told post that it planned to publish its own anti-trafficking assessment in 2007. -------------- PREVENTION -------------- ¶A. The GOP acknowledges that trafficking is a problem. ¶B. The government agencies involved in anti-trafficking include the Ministry of Government and Justice, Ministry of Social Development, Ministry of Education, Ministry of Economics and Finance, the youth court system, the Attorney General's office, the National Assembly's Commission for Women's Issues and the Rights of Children, Youth, and Family, the Judicial Technical Police, the Ombudsman's Office, the National Network for Youth and Adolescents, the National Bar Association, the Ministry of Foreign Affairs, and the Executive Branch. CONAPREDES has the lead on the country's anti-trafficking efforts, and its president has an office within the Attorney General's office. ¶C. There are anti-trafficking awareness and education campaigns in Panama. As of August 23, 2006, all lottery tickets nationwide carry an anti-trafficking photograph and message. The lottery is very popular, and the GOP thought this would be an effective means to reach the population at large. Also in 2006, CONAPREDES worked with ILO-IPEC to print over 1,000 brochures on trafficking and 1,000 guides on victim assistance. The Ministry of Education distributed these materials to public school teachers throughout the country. CONAPREDES and ILO-IPEC also sponsored two television commercials, radio commercials, and four poster designs to raise awareness of trafficking. The posters were distributed to all public offices. Trafficking prosecutors visited public schools nationwide to discuss trafficking. These campaigns target the public at large, although one poster/television spot focused on the penalties for child sexual exploitation. There are no reliable means to measure the effectiveness of these campaigns. ¶D. CONAPREDES is working on a variety of other anti-trafficking programs. These include a national plan to prevent and eliminate sexual exploitation, victim assistance programs, awareness training for media outlets, and audiovisual programs for police training. The GOP supports initiatives to fight child labor, including a program that provides scholarships to keep children in school. ¶E. According to the GOP, there is a good relationship between government officials, NGOs, and civil society on trafficking issues, with open and regular communication. However, individuals in GOP offices have told post that communication among government entities is not always clear. International organizations have also said that getting information from the government is difficult. ¶F. According to the GOP, the Immigration and Customs offices and the Border Police (a separate entity of the Panamanian National Police) monitor movement patterns for indicators of trafficking. Various government and non-government officials, however, have indicated problems getting information on trafficking indicators from the Immigration office. ¶G. PANAMA is part of the regional (Central and North America) coordination mechanism of the Puebla Regional Process, or Regional Conference on Migration, which works to combat trafficking. Domestically, CONAPREDES is the national body overseeing trafficking issues. In 2005, President Torrijos formed the 10-member National Transparency Council as part of his anti-corruption platform. ¶H. PANAMA has a national plan to fight trafficking, based on Law 16 of 2004 that criminalized trafficking and formed CONAPREDES. Government entities including the Public Ministry and the Ministry of Social Development helped form Law 16. The GOP consulted NGOs and church organizations in the formation of Law 16. The national plan is available on the CONAPREDES website (www.ministeriopublico.gob.pa). -------------- INVESTIGATION AND PROSECUTION OF TRAFFICKERS -------------- ¶A. Panama's Law 16, enacted in March 2004, specifically prohibits sexual trafficking, as well as sexual tourism and child pornography. Law 16 also addressed corruption of minors, commercial sexual exploitation of adults and children, and pimping. Panama's penal code criminalizes participation in an international trafficking ring (Book II, Title IX, Chapter III, Sections 310 and 310a),consensual human smuggling, and the deprivation of a person's liberty (Book II, Title II, Chapter III, Sections 151 and 152). The penal code also criminalizes the use or inducement of minors for pornography or prohibited work (Article 215D). The GOP's national plan against child labor, enacted in June 2006, also toughened regulations on child labor. ¶B. Persons who engage in trafficking for purposes of sexual activity can receive five to eight years in prison, or eight to ten years in the case of a minor victim. ¶C. Although union leaders and labor lawyers told post they cannot rule out the existence of forced labor in Panama, they knew of no such cases. ¶D. The prescribed penalties for rape range from three to ten years in prison and for statutory rape one to six years. The penalties for rape can be less than penalties for trafficking (see section B above.) ¶E. Prostitution in PANAMA is legal and regulated for persons over the age of 18. ¶F. On January 10, 2007, PANAMA had its first trafficking conviction. A foreign national (note: a dual U.S.-Greek citizen),who owned a club with female dancers, was charged with procurement and was sentenced to five years in prison. Also in January 2007, authorities began proceedings against a Panamanian woman who allegedly trafficked Panamanian women to Jamaica for sexual exploitation. Otherwise the Public Ministry prosecuted no trafficking cases. During 2006, the PTJ's Sex Crimes Unit investigated five cases of sexual trafficking. Post received no specific information regarding prosecutions of labor trafficking cases, although the GOP stated that PANAMA did investigate such violations. The GOP provided information on the two prosecutions and PTJ investigations. ¶G. In general, victims enter PANAMA legally through a tourist, transit, or "alternadora" visa and subsequently find work in bars and clubs, where they are then prevented from leaving. There is no available information on whether traffickers tend to be freelance or affiliated with organized crime, or on the involvement of government officials, banks, tour agencies, etc. According to the GOP, the trafficking profits in the investigated cases were directed to the individual club owners. ¶H. The government investigates trafficking cases. Investigative techniques such as electronic surveillance and undercover and covert operations are legal and allowable with judicial authorization. ¶I. According to the GOP, PANAMA provides anti-trafficking training to all government officials in the applicable entities, including prosecutors, judges, and police and public forces. Such training is in the form of seminars, conferences, and workshops. CONAPREDES and ILO-IPEC produced a training video to include in the training program for the Panamanian National Police. TIP prosecutors also attend regional Central American training programs. ¶J. According to the GOP, PANAMA cooperates with other governments and Interpol on trafficking issues. For fiscal year 2007, DHS/ICE assisted the GOP with five cases. Information on the number of other cooperative international investigations was not available. ¶K. The government has not extradited any persons on trafficking charges, although extradition for sexual trafficking is allowed under Law 16. Extradition of Panamanian nationals is not allowed by the Constitution, and there are no plans to amend this. ¶L. Post sees no evidence of government involvement in or tolerance of trafficking. ¶M. Not applicable. ¶N. The government has not prosecuted any foreign pedophiles. In 2006, PANAMA worked with DHS/ICE to extradite 4 pedophiles. According to the GOP, the majority of perpetrators in child sex tourism cases are from the United States. Panamanian laws do not allow for extraterritorial coverage. ¶O. PANAMA has signed and ratified the following conventions. --ILO Convention 182: Law 18 of June 15, 2000 --ILO Conventions 29 and 105: Law 23 of February 1, 1966 and Law 22 of April 22, 1998 --Optional Protocol to the CRC: Law 47 of December 13, 2001 --Protocol to Prevent, Suppress, and Punish Trafficking in Persons: Law 16 of March 31, 2004 -------------- PROTECTION AND ASSISTANCE TO VICTIMS -------------- ¶A. The government provides -- within funding limits -- legal, medical, and psychological services to victims, as well as shelters and repatriation assistance. The Ministry of Social Development runs a shelter and also provides funds to the NGO Hogar Malambo to provide shelter and treatment to victims. According to the Ministry, there were 13 victims in its facility last year and none as of February 2007. ¶B. As noted above, the Ministry of Social Development provided assistance to the NGO Hogar Malambo for victim assistance. ¶C. The government has developed a formal manual for police and public forces, judges, and prosecutors on all aspects of trafficking, including attention to victims and a referral process. According to the GOP, there are insufficient funds to develop a formal system for victim identification. ¶D. PANAMA respects the rights of victims and, per Law 16, victims are not treated as criminals. Victims are detained only to take their statements. There are no fines for victims, nor are they prosecuted for other violations, such as immigration, if they are the direct result of trafficking. ¶E. The government encourages victims to cooperate and assist in trafficking investigations and prosecutions. Victims may file civil suits against traffickers. No one impedes victims' access to legal redress, although court delays are lengthy. Victims are permitted to obtain other employment if they have legal permission to do so or leave the country. There is no formal restitution program but victims can receive restitution through the court proceedings. ¶F. Law 16 of March 2004 mandates government protection of sexual trafficking victims, including protection against intimidation or reprisals. In practice, the government funds shelters and other victim services, such as legal assistance and medical attention. The government is limited, however, by lack of funding. Child victims are placed in either the Ministry of Social Development-run shelter or the Hogar Malambo shelter, or with foster families. ¶G. The government, with the support of international organizations like IOM and ILO-IPEC and other countries, provides training on recognizing trafficking and assisting victims. In March and April 2006, one of the three trafficking prosecutors attended anti-trafficking training courses in Venezuela and Costa Rica. Also in 2006, the Public Ministry supported a two-month continuing education college course for journalists at the University of PANAMA on child victims of sexual exploitation. In August 2006, the Attorney General and some prosecutors held a workshop for media outlets to discuss trafficking awareness and victim protection, including the respectful treatment of victims in the press. In 2006, a delegation of Italian investigators held a workshop on undercover investigation for the PTJ. In early 2007 officials from the Ministry of Government and Justice and Ministry of Foreign Affairs attended an IOM-sponsored anti-trafficking workshop in Colombia. The government does not provide formal training to its embassies in foreign countries on trafficking, but does provide information on an individual basis. CONAPREDES is developing an anti-trafficking seminar for Panamanian diplomats. ¶H. The government's victim assistance programs, such as shelters, are available for victims of any nationality, including Panamanian nationals. In 2006, the Ministry of Social Development shelter housed mostly Panamanian girls who had been sexually exploited in PANAMA for commercial purposes. Post has heard no reports of repatriated nationals who are victims of trafficking. ¶I. The main NGOs that work with trafficking victims are Hogar Malambo and Casa Esperanza, which work mostly with minors. They provide shelters and comprehensive victim services, including assistance with medial, nutritional, and educational needs. They, and other smaller NGOs, are supported in part by the Ministry of Social Development and receive cooperation from local authorities. International organizations that work with trafficking victims include UNICEF, IOM, and CRM, the regional working group on migration issues. -------------- NOMINATION OF HEROES AND BEST PRACTICES -------------- ¶A. Post cannot identify any single individual who would qualify as an "Anti-Trafficking Hero" in PANAMA for 2006. ¶B. As noted in last year's report, post continues to believe that Panama's law mandating the collection of a percentage of profits from pornographic materials and adult entertainment videos would be a "best practice" if it could be implemented. Similarly, the collection of one dollar from the $20 departure tax paid by each tourist for anti-trafficking would make a significant difference in the government's resources. An estimated 515,000 tourists will visit PANAMA during the period of January-April 2007 alone: that would have been $515,000 for CONAPREDES if the government could implement the collection process. ¶2. (U) Post's contact for this report is political officer Carrie Lee, email LeeCK2@state.gov and telephone 507-207-7131. Post estimates about 72 hours were spent preparing this report. EATON