EL SALVADOR: 2007 TRAFFICKING IN PERSONS RERPORT

UNCLAS SAN SALVADOR 000409 SIPDIS SENSITIVE SIPDIS G/TIP, G, INL, DRL, PRM, WHA/PPC E.O. 12958: N/A TAGS: KCRM PHUM KWMN SMIG KFRD ASEC PREF ELAB ES SUBJECT: EL SALVADOR: 2007 TRAFFICKING IN PERSONS RERPORT REF: SECSTATE 202745 ¶1. (U) The following is post,s responses to Reftel relative to the 2007 Trafficking in Persons Report. The text tracks paragraphs 27 to 30 in Reftel. -------------- -------------- Paragraph 27: Overview of Activities to Eliminate TIP -------------- -------------- ¶A. El Salvador is a country of origin, transit, and destination for internationally trafficked persons. The majority of victims are females -- children and adolescents -- trafficked for commercial sexual exploitation. During the reporting period, Salvadoran officials rescued 11 women, eight men, and 55 children from trafficking circumstances. Within El Salvador, women and girls are trafficked from the countryside to population centers to serve as prostitutes. The extent of trafficking in El Salvador is unknown; the GOES is searching for a creditable agency, possibly the International Organization for Migration (IOM),to study the issue and report its findings. With respect to the number of victims rescued, this information is provided by the police, the Attorney General's office, and child protective services (ISNA -Instituto Salvadoreno para el Desarollo Integral de la Ninez). Both the information and the sources are very reliable. ¶B. The most prevalent form of trafficking in persons (TIP) within El Salvador is for commercial sexual exploitation. Traffickers lure adolescent females and girls with job offers as waitresses or domestic servants. After arriving to the place of work, the traffickers employ actual or threatened use of force to compel the victims to work as prostitutes. Traffickers include brothel owners and their agents, as well as the recruiters who target the victims. ¶C. El Salvador is an economically challenged country that lacks sufficient financial resources to adequately investigate and prosecute all crimes. Due to the declining security situation caused by violent street gangs, most police and prosecutorial resources are oriented towards stopping and punishing homicide, aggravated assault, and aggravated extortion. Despite this, the police actively investigate reported trafficking cases, as well as staging undercover operations to detect unreported cases. Corruption does not seem to play a role in whether a trafficking cases is investigated/prosecuted or not. Victims' assistance will be discussed later. ¶D. The National Committee Against Trafficking in Persons (the TIP task force) collects and monitors data on TIP, and publishes an annual Operations Plan. Child protective services (ISNA) publishes statistics on trafficked children. -------------- Paragraph 28: Prevention -------------- ¶A. The GOES readily acknowledges TIP as a problem, and condemns it in all forms without reservation. ¶B. The National Committee Against Trafficking in Persons (the TIP task force) is comprised of 15 government agencies that encounter trafficking situations, including: the Foreign Ministry (Ministerio de Relaciones Exteriores); Department of Justice (Ministerio de Justicia y Paz); Dept of Treasury (Hacienda); Dept of Education (Educacion); Dept of Labor (Trabajo); Dept of Health (Salud); Dept of Tourism (Tourismo); the National Civilian Police (Policia Nacional Civil); Migration (Migracion); Family Assistance (Secretaria Nacional de la Familia); the Attorney General's office (Fiscal General); the Public Defender's office (Procuraduria General); the National Assembly (Asamblea Legislativa); child protective services (Instituto Salvadoreno para el Desarollo Integral de la Ninez); and women's protective services (Instituto Salvadoreno para el Desarollo de la Mujer. The Foreign Ministry chairs the group, while each agency has jurisdiction over its responsibilities. ¶C. Members of the TIP task force engaged in extensive training and information campaigns during the reporting period. Several hundreds of participants received GOES-sponsored TIP awareness training, including local NGOs and civic groups dedicated to women's, children's, and victim's rights. Much of the training occurred outside the capital, in virtually every corner of the country. In addition to training, members of the police, the foreign ministry, and ISNA spoke on numerous occasions in schools and other public forums covered by the press. The TIP task force members encouraged local civic groups to make and position banners in public places that warn of the dangers of TIP. The police and Attorney General's office provided instructors for ILEA training that benefited officers from the entire hemisphere. As evidence that their efforts have raised awareness, the moniker "trata de blanca" (white slavery) has been replaced with "trata de personas" (trafficking in persons) in both the press and in the common vernacular. ¶D. The GOES offers micro-credits for women to start small businesses, and provides financial incentives to rural families that keep their children to school. ¶E. The GOES, via the TIP task force, maintains working relations with IOM, ILO, UNICEF, the InterAmerican Women's Commission, USAID, PASCA (Canadian AID),and local NGOs Fundacion Huellas, CONAMUS, CEMUJER, and IDHUCA. Post has observed that the GOES works well with the NGO community and includes them in the formulation of policy towards TIP. ¶F. Most international trafficking in El Salvador occurs overland. El Salvador has an immigration agreement with its neighbors that allows Central American citizens to enter the country with only a national identification card. Because no paperwork is generated, it is difficult analyze immigration patterns or evidence of trafficking. Despite that, immigration officers and border police are vigilant in screening for trafficking, especially the trafficking of children. Immigration officers at the international airport have foiled numerous attempt to smuggle (possibly traffic) children from South America to the U.S. ¶G. Internally, the TIP task force coordinates TIP efforts. Externally, the police engage in joint patrols on both sides of the border with the Guatemalan border police. The GOES has repatriation agreements with Mexico and Guatemala that are funded by the IOM. ¶H. The TIP task force annually generates an Operational Plan to combat TIP with input from the NGO community. Each agency is responsible for those tasks that fall within its jurisdiction. -------------- -------------- Paragraph 29: Investigation and Prosecution of Traffickers -------------- -------------- ¶A. Article 367B of the Penal Code specifically prohibits trafficking in persons for sexual and non-sexual purposes. Article 367C provides increased penalties for aggravated circumstances, such as when the accused is an authority figure, if the victim is a minor, or if the victim has diminished capacity. The law applies to internal and transnational trafficking. In addition to trafficking, perpetrators can be charged with pandering, deprivation of liberty, and child endangerment. ¶B. Individuals convicted of TIP face four to eight years in prison. The sentence increases by one-third for the aggravated circumstances mentioned above. ¶C. In theory, non-sexual TIP (forced labor) would be prosecuted under the same trafficking law mentioned above. El Salvador has a labor surplus, and post is not aware of any cases of individuals trafficked for non-sexual labor. ¶D. The sentencing for rape is six to ten years. The sentencing for aggravated rape -- when the victim is a minor or person of diminished capacity -- is 14 to 20 years. ¶E. Prostitution is not penalized. Pandering -- when a third party is involved in arranging a liaison between a prostitute and a client -- is illegal. Prior to the enactment of the TIP law in October 2004, TIP cases were typically tried as pandering. In general, pandering laws are not enforced. Now, TIP cases are correctly identified as trafficking and prosecuted under the new TIP law. ¶F. During the reporting period, the GOES prosecuted 67 individuals charged with trafficking, and achieved four convictions on the charges. Two traffickers received four year sentences, one received three years, and the other received the maximum of eight years. ¶G. Most traffickers are brothel owners and their agents. ¶H. The GOES actively investigates TIP. Undercover police officers enter brothels and topless bars to ascertain the possibility that the prostitutes have been trafficked. If the evidence suggests that TIP is occurring, the Attorney General's office acquires a search warrant and the police raid the establishment. The police also act on tips provided by the public. ¶I. See paragraph 28C. Recruits at the police academy receive training on TIP. Vice consuls from the Foreign Ministry have received TIP awareness training. The U.S., Canada, and the NGO community provide extensive training to all relevant government agencies. ¶J. During the reporting period, the GOES cooperated with the governments of Belize, Guatemala, and Nicaragua on three separate trafficking cases. ¶K. To date, no government has requested the extradition of a Salvadoran national for trafficking offenses. It remains unclear if Salvadoran law would permit extradition on trafficking in persons charges. ¶L. Post does not have any evidence suggesting that the GOES or any governmental entity tolerates trafficking. ¶M. N/A. ¶N. Post does not have any evidence suggesting that El Salvador is a child sex destination. ¶O. El Salvador has signed and ratified each of these international treaties. -------------- -------------- Paragraph 30: Protection and Assistance to Victims -------------- -------------- ¶A. With support from the GOES and the IOM, local NGO Huellas operates a shelter for TIP victims. During the reporting period, the shelter assisted 82 TIP victims. ISNA (child protective services) operates a shelter for underage victims. Both facilities are staffed with doctors and psychologists. ¶B. See above. ¶C. All underage individuals encountered under suspicious circumstances, e.g., in a brothel, are mandated to the custody of ISNA whether they identify themselves as victims or not. Majority age individuals found in suspicious circumstances are transported away from the scene for questioning. If they identify themselves as victims, they are transferred to the TIP shelter for evaluation and treatment. Officers from the witness protection program of the police guard the TIP shelter 24 hours a day. ¶D. Victims rights are respected; they are not charged with a crime, nor or they detained. Foreign victims wishing to return home without pressing charges are repatriated via the foreign ministry and the IOM. ¶E. Victims are encouraged to press charges against traffickers, although many refuse to do so. Victims may file civil suits on a variety of claims. Thus far, all foreign victims rescued from TIP situations have desired to return to their homeland immediately. Salvadoran law does not explicitly grant foreign TIP victims the right to work; however, as no victim has ever made this request, it is unclear if the GOES would utilize a provision of existing law to secure a work permit. The GOES does not maintain a victim restitution fund. ¶F. The TIP shelter is guarded continuously by the witness protection program division of the police. Thus far, there has not been a need to place a victim in the witness protection program. Should the need arise, the police are prepared to provide the necessary protection. ¶G. As mentioned in other sections, the GOES provides extensive training on pursuing TIP violations and assisting victims. ¶H. The GOES maintains "Protection Consulates" (Consulados de Proteccion) along the major human smuggling and trafficking routes between El Salvador and the U.S. These consulates arrange immediate medical care for all injured Salvadorans, including TIP victims. After victims are repatriated home, they have the option of seeking additional GOES-funded medical attention, or returning to their residence. If they are indigent, the GOES provides temporary housing, financial, and job placement support. ¶I. The IOM is the most active trafficking NGO in El Salvador. In addition to providing training, they monitor trafficking patterns and fund repatriation of TIP victims. With a grant from PRM-State, they fund the TIP shelter managed by local NGO Huelles. -------------- Best Practices -------------- The TIP task force, composed of the agencies listed in paragraph 28B, has proven to be an invaluable organizational structure. With the assistance of OPDAT, this task force has created a TIP handbook that details the responsibilities of each agency relative to TIP issues. To briefly illustrate the point, the police no longer bring underage victims to the TIP shelter because ISNA has administrative jurisdiction over these victims. Everyone involved in addressing TIP issues knows this because it is clearly delineated in the TIP handbook. The creation and implementation of the handbook has eliminated jurisdictional infighting. Other posts interested in developing a similar handbook should contact Bobby Lippman at OPDAT at 202-514-0950. -------------- Comment -------------- ¶2. (SBU) The GOES has made substantial improvements in the areas of victims' assistance and prevention. Victims are not criminalized; rather, they are sheltered and protected with access to medical and psychological care. Government officials are raising awareness of TIP in a variety of ways, and the issue is routinely reported upon in the press. Police investigations and prosecutions, however, are hampered by a lack of resources and the compelling need to focus available resources on public security. Despite that, the GOES readily acknowledges TIP as a problem, and condemns it in all forms without reservation. ¶3. (U) J. Brian Duggan, POL/INL, is the point of contact for this report. Glazer