TRAFFICKING IN PERSONS REPORT - URUGUAY 2008

UNCLAS MONTEVIDEO 000132 SIPDIS SENSITIVE SIPDIS DEPARTMENT FOR G/TIP (MTAYLOR) DEPARTMENT PASS TO USAID DEPARTMENT ALSO FOR G, INL, DRL, PRM AND WHA/PPC E.O. 12958: N/A TAGS: KCRM PHUM KWMN SMIG ASEC PREF ELAB UY SUBJECT: TRAFFICKING IN PERSONS REPORT - URUGUAY 2008 REF: A. A. MONTEVIDEO 92 ¶B. B. STATE 02731 ¶1. (SBU) SUMMARY: The Government of Uruguay made robust efforts to combat trafficking in persons, but still needs help in strengthening its enforcement capabilities. A lack of resources continues to impede existing and new programs against trafficking, but international and USG-funded efforts have met some of these shortfalls. In January 2008 Uruguay promulgated a new immigration law that addresses many trafficking-related crimes that relate to commercial sexual exploitation of children, fraud and slavery. Anti-trafficking efforts by a wide range of GOU ministries and agencies, together with some assistance from NGOs, in prevention, investigation and prosecution of traffickers yielded significant results during the period. Protection and assistance programs increased slightly despite a general lack of government resources. Post submitted an IOM proposal for G/TIP funding in February 2008 (Ref A). The proposal would have a significant positive impact on combating trafficking in Uruguay and the region, and Post appreciates the Department's continued support. End Summary. -------------- -------------- ¶2. OVERVIEW OF COUNTRY'S ACTIVITIES TO ELIMINATE TIP -------------- -------------- ¶A. (SBU) Uruguay is principally a source country for women trafficked within the country, particularly to border and tourist areas, for the purpose of commercial sexual exploitation. Reports also indicated that some poor parents turned their children over for forced domestic or agricultural labor in rural areas. ¶B. (SBU) The Government of Uruguay made significant efforts to comply with the minimum standards for elimination of trafficking by enacting new anti-trafficking laws (articles 77, 78, and 79) during the reporting year. While official reports of trafficking are few, the government has strengthened programs to educate and warn potential victims and their families. The government should increase efforts to train government personnel throughout the country to identify and investigate potential trafficking situations, and provide greater assistance to victims. ¶C. (SBU) The Ministries of the Interior, Health, Education, 
Labor, Social Welfare Social Development and the National Institute for Minors and Adolescents (INAU),the Human Rights office within the Bureau of Political Affairs of the Ministry of Foreign Affairs, the provincial Mayors (Intendentes), prominent members of the business community, Congressmen and NGOs are involved in anti-trafficking efforts. ¶D. (SBU) A lack of resources continues to impede existing and new programs against trafficking, but international and USG-funded efforts have met some of these shortfalls. ¶E. (SBU) Prevention, protection, prosecution, and investigation continue to be tasks separated by agency and seldom present significant numbers of cases to merit systematic monitoring by the GOU. -------------- -- ¶3. INVESTIGATION AND PROSECUTION OF TRAFFICKERS -------------- -- ¶A. (SBU) Uruguay prohibits some forms of trafficking pursuant to 2008 and 2004 anti-trafficking laws and a series of older statues, which provide a range of penalties from 6 months to fourteen years in prison. However, in January 2008 Uruguay enacted a new immigration law containing articles 77, 78 and 79 which address most trafficking-related crimes that fall under commercial sexual exploitation of children, fraud and slavery. The law clarifies penalties against recruitment, transport, transference, housing or receipt of persons for forced work or labor, slavery or similar practices, servitude, sexual exploitation, removal and extraction of organs or any other activity which undermines human dignity. These articles supplemented previous laws against forced labor, sexual assault, and unlawful detention which could also be used against traffickers. Taken together, these laws adequately cover trafficking within Uruguay. The government made limited progress in investigating and prosecuting trafficking cases during the reporting period. The government cooperates with neighboring and European authorities on international trafficking cases. There is no evidence of official facilitation on human trafficking. ¶B. (SBU) Penalties for violation of child pornography laws range from 1 to 2 years in prison. A person convicted of pimping children would receive a sentence of 4 to sixteen years. Forced sexual exploitation of an adult would be prosecuted under forced labor statutes. ¶C. (SBU) Forced labor or unlawful detention carries a penalty of 6 to twelve years in prison. Detention of the victim for more than 10 days or if the victim is less than fifteen years old are considered aggravating circumstances which can push the penalty toward the maximum. ¶D. (SBU) The penalty for rape is similar to that for forced labor or unlawful detention before aggravating circumstances are applied. Penalties for rape or sexual assault range from 1 to 8 years in prison. Sexual assault or attempted sexual assault carries 2-twelve years, and violence is presumed if the victim is less than fifteen years old. ¶E. (SBU) Prostitution is legal. Brothels, discos, shows, and massage parlors are inspected to ensure that minors are not working there. The minimum age for the activity is 18. ¶F. (SBU) Police officials consistently report that local and international crime rings who smuggle drugs and other contraband are behind most of the trafficking schemes in Uruguay. Independent operators may also exploit women and children. Some evidence suggests that a few hotel staff and taxi drivers may connect clients with exploiters. Those who exploit children for labor tend to be relatives or acquaintances of the parents. There is no evidence that significant profits come from trafficking in persons. Exploiters who have been arrested seem to have gained only enough money to supplement their own income with no additional capital to create networks of other agents acting on their behalf. No evidence links government agents to traffickers. ¶G. (SBU) The GOU disseminates information and trains its police forces to understand new legislation including the 2008 immigration law, but these efforts are weakly felt outside the capital. NGO contacts state that police and judges in the provinces are often unfamiliar with new procedures or legislation. Law enforcement officials regret this gap and attribute it to a lack of funds for transportation and staff training. ¶H. (SBU) Uruguayan authorities cooperated with U.S. authorities to extradite an American citizen fugitive from justice on charges of pedophilia in March 2007. We are aware of no other TIP-related extradition requests during the reporting period. In general, Uruguay freely cooperates with extradition requests as long as the death penalty is not an option. ¶I. (SBU) The Government works closely with other governments in examining the extent of labor recruiting which takes place in Uruguay. Direct cooperation among regional immigration services took place during the year, and the Government actively participates in regional dialogue sponsored by IOM and the Department. ¶J. (SBU) There is no evidence of government involvement in or tolerance of trafficking. ¶K. (SBU) No evidence links government agents to traffickers. ¶L. (SBU) Uruguay contributes troops to international peacekeeping efforts and currently there is no public evidence as to what the government does to investigate, prosecute and convict nationals of their country deployed abroad as part of peacekeeping missions who engage in or facilitate severe forms of trafficking or who exploit victims of such trafficking. In October 2007, the U.S. Department of Defense sent a legal team to Uruguay to teach a week long course in Human Rights related to PKO missions. More than 60 Uruguayan officers, non-commissioned officers and department of defense personnel attended this training. ¶M. (SBU) Tourists travel to Uruguay from the region, Europe, and the United States, but no cases link specific tourists to sexual exploitation. There is no evidence that Uruguayans travel abroad for sex tourism, but no study has been conducted. Uruguay's legislation against sex with, pimping of, or lewd acts upon children does not have extraterritorial coverage. -------------- ¶4. PROTECTION AND ASSISTANCE TO VICTIMS -------------- ¶A. (SBU) The GOU continued to lack the capacity to assist all possible trafficking victims during the reporting year. The government provided technical assistance to NGOs working in the area of trafficking, but the availability of services remained uneven across the country. Uruguayan law provides legal alternatives to the removal of foreign victims to countries where they face hardship or retribution. The GOU attempts to provide access to legal, medical and psychological care for victims of trafficking; however, not all services are available throughout the country and as a result, some victims were unable to benefit from the services offered. Government and NGO shelters for assistance to female victims of abuse operated in the capital but could not accommodate the demand for shelter. GOU facilities are mandated to assist trafficking victims but do not record the reason assistance was granted. ¶B. (SBU) The GOU provided some assistance to NGOs working in the area of trafficking and regularly consulted with these organizations. The assistance included grants to assist specific groups of women or children in need. ¶C. (SBU) Courts refer victimized minors to INAU for processing, assistance, and possible reunification with their families. Police have not uncovered victimized adults in need of shelter. Adult victims of trafficking have the right to refer themselves to GOU services, and standard procedure requires police in the capital to refer victims to government and/or NGO shelters. ¶D. (SBU) The GOU does not have a formal system of identifying victims of trafficking among high-risk persons they come into contact with. ¶E. (SBU) The GOU does not provide specialized training for government officials to recognize trafficking or to provide assistance to victims. The GOU is aware that its citizens have been trafficked to Europe in the past, and embassy and consulate staffs overseas remain vigilant of such activity, but they have no mechanism to screen for trafficking victims. ¶F. (SBU) Victims' rights are generally respected, and there were no reports of victims being jailed, deported, or otherwise penalized. ¶G. (SBU) The GOU encourages but does not force victims to assist in the investigation and prosecution of trafficking. There are no obstructions to victims who seek to press charges against their exploiters or pursue civil action, but there is no victim restitution program. In some criminal cases, Uruguayan citizens are not permitted to leave the country, but there is no precedent of such prohibition in a trafficking case. Protection measures for victims and witnesses were established in INAU's action plan against trafficking. Victims and witnesses are protected by statute, and the GOU holds the names of victims anonymous. Witness statements are usually presented in written form, and as such, anonymity is more tightly controlled. The GOU provides shelter to victims of domestic abuse, and trafficking victims would be directed to these same shelters. Victims are entitled to free medical and psychological care. Child victims are referred to INAU, and if needed, they are cared for in group homes or dormitory-style facilities. ¶H. (SBU) Housing and medical services are available, in theory, to all Uruguayan citizens upon return to Uruguay. In practice, the families of victims have cared for them after their return from overseas. ¶I. (SBU) The GOU does not provide specialized training for government officials to recognize trafficking or to provide assistance to victims. The GOU is aware that its citizens have been trafficked to Europe in the past, and embassy and consulate staffs overseas remain vigilant of such activity, but they have no mechanism to screen for trafficking victims. El Faro, SOMOS, Arco Iris, Andenes, Claves - Juventud Para Cristo, and BICE (Catholic technical assistance) are NGOs that work with trafficking victims. Some NGOs offer treatment for victims of abuse and trafficking and others provide shelter, food or education. Assistance to victims of labor and sexual exploitation of minors is available through INAU and NGOs. Extensive assistance is not available to adult or child victims due to lack of resources. ¶J. (SBU) Housing and medical services are available, in theory, to all Uruguayan citizens upon return to Uruguay. In practice, the families of victims have cared for them after returning from overseas. ¶K. International Organization for Migration (IOM) works with trafficking victims in Uruguay. IOM provides trafficking victims basic monetary help, psychological and legal support upon arrival if needed. They assist victims in contacting the National Institute for Women's Affairs and the Public Health Ministry. IOM did not receive any funding from the GOU for victim assistance during the reporting period. -------------- ¶5. PREVENTION -------------- ¶A. (SBU) The GOU believes that the incidence of trafficking across borders in Uruguay is low. The Government of Uruguay recognizes that trafficking in adults is a problem and is beginning to focus on the risks of child trafficking. Government authorities and NGOs believe that exploited minors generally do not cross Uruguay's international borders. They also agree that sexually exploited women in Uruguay are usually Uruguayans or crossed the border on their own valid travel documents and had first contact with their exploiters while in Uruguay. Uruguayan citizens do not need passports for travel to Argentina, Chile, Paraguay or Brazil. Despite police efforts, there is no evidence that traffickers facilitated entry into Uruguay for sexual exploitation, and the only confirmed cases of trafficking from Uruguay are more than seven years old. ¶B. (SBU) Government efforts to raise public awareness, particularly among groups most vulnerable to trafficking, remained steady during the reporting period. The Ministry of Education maintained its program of including anti-trafficking segments in its sex education curriculum. The GOU relies on NGOs and other funding sources for additional anti-trafficking prevention efforts. ¶C. (SBU) The government, NGOs and international organizations freely assist one another to prevent, investigate, and apprehend traffickers. The few NGOs dealing in TIP do so as part of other issues such as women, children, or family issues, and NGOs overall in Uruguay remain weak. However, the GOU actively participates in training opportunities and regularly consults with international organizations such as IOM to address the issue. The government places a tremendous emphasis on human rights, child protection and assistance, economic empowerment, all of which potentially include anti-trafficking activities. ¶D. (SBU) Government agencies suffer from resource shortages which prevent Uruguay's political will to combat TIP from having a greater impact. Judges and police outside of the capital have little training, and law enforcement agencies have no budgets for investigative studies. Social service agencies cannot fully comply with many of their legislated mandates, including complete victim assistance. And despite increased educational spending including funds for TIP prevention programs, current resources could not cover the multitude of needs in the education system. ¶E. (SBU) The Ministry of the Interior has the lead in investigating TIP-related cases. Local police forces, INTERPOL, immigration, and the Ministries of Health, Education, Social Development, and Labor and Social Welfare (including INAU) also play a part in anti-trafficking efforts. ¶F. (SBU) Prevention, protection, prosecution, and investigation continue to be tasks separated by agency and seldom present significant numbers of cases to merit systematic coordination. Consistent lack of interagency communication remains a problem. The GOU actively participates in international training when available. Uruguay benefited greatly from international meetings and has effectively used these opportunities to frankly address TIP issues among different agencies and with neighboring governments. ¶G. (SBU) The child welfare authorities (INAU) broadcasts information on their Blue Line hotline program to report abuse/exploitation. Neither the coverage nor the effectiveness of Blue Line broadcasts has been measured. Sex education curriculum at all levels continues to contain anti-TIP components. All prevention programs effectively focus on potential victims. "Clients" of sexual exploitation continue to be investigated and prosecuted by local police and the Ministry of the Interior. ¶H. (SBU) Not applicable to Uruguay. ¶I. (SBU) Uruguay does contribute troops to international peacekeeping efforts and currently there is no public information as to what the government does to investigate, prosecute and convict nationals of their country deployed abroad as part of peacekeeping missions who engage in or facilitate severe forms of trafficking or who exploit victims of such trafficking. -------------- CONTACT AND HOURS -------------- ¶6. (SBU) Embassy Montevideo's POC on TIP issues until July 15 is Celine Combs. After July 15, Erin Markley will follow this issue. Both may be reached at: telephone (011-598-2) 411-5182 ext. 2321; fax, (011-598-2) 418-8581. ¶7. (SBU) FSN Graciela Rey spent 20 hours, FS-6 Celine Combs spent ten hours, FS-3 David Edginton spent ten hours and FS-3 Jack Doutrich spent four hours in preparation of this report. Baxter