ARGENTINA DISAPPOINTED WITH TIP REPORT, BUT

C O N F I D E N T I A L BUENOS AIRES 000775 SIPDIS G/TIP FOR BARBARA FLECK AND MARK FORSTROM WHA/PPC FOR SCOTT MILLER WHA/BSC FOR DRUCKER, FRIEDMAN, SHOWELL E.O. 12958: DECL: 06/10/2018 TAGS: PREL ELAB KCRM PHUM SMIG KWMN PGOV AR SUBJECT: ARGENTINA DISAPPOINTED WITH TIP REPORT, BUT CONTINUES EFFORTS TO COMBAT TIP REF: A. SECSTATE 58527 ¶B. SECSTATE 55790 ¶C. 07 BUENOS AIRES 965 AND PREVIOUS Classified By: Ambassador E. Anthony Wayne for reasons 1.4 (b) and (d) ¶1. (C) Summary. Per refs A and B, the Ambassador met June 3 with Argentine Minister of Justice Anibal Fernandez to share an embargoed copy of the 2008 Trafficking in Persons (TIP) report. Minister Fernandez thanked the Ambassador for sharing the report, and immediately launched into a discussion of measures the MOJ will take in the coming months to operationalize Argentina's new trafficking in persons law. Separately, Polcouns met with MFA North America Deputy Director Maria Fernanda Canas to brief her on the report. She expressed disappointment with the ranking but thanked the Embassy for sharing the report in advance of its public release. In addition, post delivered a copy of the report to Chief of Cabinet Minister Alberto Fernandez. End Summary. -------------- -------------- Fernandez Outlines MOJ's Plan to Combat Trafficking -------------- -------------- ¶2. (C) Per refs A and B, the Ambassador met June 3 with Argentine Minister of Justice Anibal Fernandez to provide an embargoed copy of the Argentina chapter of the 2008 TIP report. Minister Fernandez thanked the Ambassador for sharing the report, and immediately launched into a discussion of measures the MOJ will take in the coming months to operationalize Argentina's new trafficking in persons law. He stated that in the next 90 days, each law enforcement agency will have a special division dedicated to the investigation of TIP crimes. In addition, the Ministry will have a civil anti-TIP division headed by an-ex Chief of Police. He indicated that the MOJ has developed a strong intelligence network in recent weeks which has led to the launching of ten TIP investigations. One investigation centers on the recruitment of young women in Paraguay and the provinces of Corrientes, Entre Rios, and Misiones to work as dancers in Ankara, Turkey. ¶3. (C) Fernandez observed that the sexual exploitation of minors in the northern provinces of Argentina is particularly difficult to tackle, given that some minor victims enter into prostitution with their parents' consent. He indicated that the MOJ's Children's Brigade has discovered that children selling flowers on the streets are also offering oral sex for money. He stated that he is working with the Misiones Province Human Rights Minister to launch a new public awareness program. He acknowledged that Argentina was long considered a source country for the trafficking of children for illegal adoption -- claiming that he had once seen a U.S. ad dating from 1968 that advertised Argentina as "a place to adopt a white child." He asserted that Argentina is no longer a source country for illegal adoptions, as trafficking patterns have shifted to Eastern Europe. Without offering specifics, Fernandez added that while child sex tourism is a problem, indigenous sex tourism may be an even greater problem. ¶4. (C) The Ambassador explained that Argentina remained on the Tier-2 Watchlist for failure to show evidence of increasing efforts to provide victim assistance and curb official complicity, especially at the provincial and local levels. Fernandez acknowledged that "without a social assistance program, Argentina's anti-TIP plan would not work." He indicated that victims must be given housing, food, and access to meaingful and dignified employment. With respect to curbing official complicity, Fernandez admitted that some law enforcement agents may be complicit in trafficking, but emphasized that investigating official corruption will be "one more job" the MOJ will have to undertake. He reported that the MOJ, with TIP activist Susana Trimarco, is making progress in the investigation of official complicity at the provincial level in the Marita Veron case (ref C). ¶5. (C) Fernandez also stressed that the MOJ is vigorously pursuing TIP prosecutions. He noted that a few weeks ago, the MOJ's Children's Brigade arrested and charged a man with TIP for having hired an under-age prostitute. Fernandez expressed disappointment and frustration with federal judge Claudio Bonadio's decision not to take the case. He indicated that the MOJ subsequently filed a separate case to investigate the woman who accompanied the minor to the motel, and that the case is currently being handled by federal judge Ballesteros, who is moving forward with the investigation. (Note: According to press reports, Bonadio did not take the case because he believes clients could not be charged with TIP as defined in the new law. In his decision, Bonadio suggested that the authorities could have charged the client with "corruption of minors and the facilitation of prostitution." He also asserted that the woman who accompanied the minor should have been called in for questioning, as she may have facilitated the encounter. He further explained that if the woman was found to have facilitated the exchange, she may be arrested on TIP charges.) ¶6. (C) Fernandez also informed the Ambassador that the MOJ will be launching a new anti-TIP public awareness campaign, using pop and soap opera stars to convey the message. Poloff noted that the International Organization of Migration (IOM) had enlisted popular singer-actress Natalia Oreiro for a series of public service announcements (PSAs) last year to highlight the dangers of TIP. Fernandez criticized the IOM campaign for not directing audiences to a hotline that could respond to people's inquiries. (Note: The IOM PSAs did direct people to the MOJ's National Institute for Anti-Discrimination's hotline, and was sponsored by the MOJ before Fernandez was transferred from the Ministry of Interior to the MOJ.) He also stated that the IOM had not been a good partner initially, but indicated that they are now working more closely together. ¶7. (C) The MOJ has also prioritized investigations into TIP for the purposes of labor exploitation. Fernandez told the Ambassador that on May 26, the MOJ signed an agreement with the Ministry of Labor to assist in the MOJ's efforts to investigate child labor. He expressed concern over reports indicating that child labor is used in Argentina's annual grape and sugar harvests. He also indicated that a number of undocumented Bolivian and Chinese laborers have been found to be working in exploitative labor conditions. He believed that part of the problem is that Bolivian and Chinese workers were largely undocumented, and stated that Argentina now has a plan to regularize their situation. He further explained that Argentina recognizes the concept of "Mercosur citizenship", that is, if an immigrant is a citizen of a Mercosur country, Argentina will allow the immigrant to stay and work in Argentina. ¶8. (C) In closing the meeting, Ambassador informed Minister Fernandez that G/TIP Director Ambassador Mark Lagon would visit Argentina on June 19-20 and would welcome an opportunity to learn more about Argentina's efforts to combat TIP and find ways we can strengthen bilateral cooperation in this area. Fernandez indicated that he would be pleased to meet with Ambassador Lagon during his visit. -------------- MFA Disappointed with Ranking -------------- ¶9. (C) Separately, polcouns met with MFA North America Deputy Director Maria Fernanda Canas on June 3 to brief her on the report. She expressed disappointment with the ranking, but thanked the Embassy for sharing the report in advance of its public release. In addition, post delivered a copy of the report to Chief of Cabinet Minister Alberto Fernandez. -------------- Comment -------------- ¶10. (C) We believe Minister Fernandez's and MFA's moderate reaction to this year's TIP report is a direct result of post's efforts to develop a constructive working relationship with the GOA on the issue. Post will continue to work with the GOA in its efforts to enforce the new anti-TIP law. To that end, post's Immigration and Customs Enforcement office has brought two TIP experts to conduct training at the First Latin American Congress on Human Trafficking and Smuggling sponsored by the University of Buenos Aires (UBA),at a workshop in Cordoba province, and at the MOJ's First International Congress of Mercosur on TIP and Child Pornography. In association with the start of the UBA's Trafficking Congress on June 6, local dailies carried a number of stories about TIP problems in Argentina and the region and the ongoing efforts to tackle them. WAYNE