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.

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2. OVERVIEW OF COUNTRY'S ACTIVITIES TO ELIMINATE TIP
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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.

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3. INVESTIGATION AND PROSECUTION OF TRAFFICKERS
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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.

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4. PROTECTION AND ASSISTANCE TO VICTIMS
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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.

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5. PREVENTION
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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.

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CONTACT AND HOURS
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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