Identifier
Created
Classification
Origin
07SANSALVADOR409
2007-03-05 15:00:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy San Salvador
Cable title:  

EL SALVADOR: 2007 TRAFFICKING IN PERSONS RERPORT

Tags:  KCRM PHUM KWMN SMIG KFRD ASEC PREF ELAB ES 
pdf how-to read a cable
VZCZCXYZ0002
RR RUEHWEB

DE RUEHSN #0409/01 0641500
ZNR UUUUU ZZH
R 051500Z MAR 07
FM AMEMBASSY SAN SALVADOR
TO RUEHC/SECSTATE WASHDC 5379
INFO RUEHZA/WHA CENTRAL AMERICAN COLLECTIVE
RUEHC/DEPT OF LABOR WASHINGTON DC
RUEAWJA/DEPT OF JUSTICE WASHINGTON DC
RHMCSUU/DEPT OF HOMELAND SECURITY WASHINGTON DC
RULSDMK/DEPT OF TRANSPORTATION WASHINGTON DC
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

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