DR TIP WATCH LIST INTERIM ASSESSMENT

UNCLAS SANTO DOMINGO 001815 SENSITIVE SIPDIS STATE DEPARTMENT FOR INL/G-TIP BFLECK, WHA/PPC SMILLER, WHA/CAR JTILGHMAN E.O. 12958: N/A TAGS: PGOV PHUM SMIG KCRM KTIP KWMN DR SUBJECT: DR TIP WATCH LIST INTERIM ASSESSMENT REF: A. STATE 111306 ¶B. SDO 1439 ¶1. (U) The following is Embassy Santo Domingo's Trafficking in Persons (TIP) Watch List Interim Assessment, per ref A request. ¶2. (U) Authorities of the Dominican Republic report that they are working to prevent human trafficking, protect TIP victims and prosecute offenders under the "Trafficking and Smuggling of Human Beings" law, number 137-03. Specifically, the Office of the Prosecutor General has provided post with the following information: - Since 2006, there have been 15 convictions for human smuggling and/or human trafficking-related offenses, including four (4) in 2008. - Thirteen (13) of the 15 convictions were for "smuggling of migrants," one (1) for trafficking and one (1) for pimping. The Prosecutor's Office reports that some of those brought to justice were officials - whether members of the National Police, the Navy, prosecutors or public functionaries of municipalities. - More than thirty (30) persons are currently subject to "coercive measures," i.e., are in preventive detention, or out on bail pending trial for offenses. - Also, the Prosecutor's Office currently is investigating three cases of trafficking and 20 cases of human smuggling. - With respect to the Dominican women trafficked to Istanbul, a judge in Villa Altagracia has now issued an arrest warrant, and the suspect (one Mr. Y. Toledo) is the subject of a manhunt. - Finally, IOM and the Prosecutor's office report that they worked together on a case in which Swiss authorities have now detained several German citizens. ¶3. (SBU) NGO and other governmental sources also indicate that an Inter-Institutional Commission is working to devise an "Integrated Plan for National Action." An inter-agency Consultative Group is also working on draft changes to Law 137-03, in order to improve implementation of the same. Post has reported that it has yet to be seen whether the GODR adequately funds the plan, if any (ref B). The GODR budget-making season is now beginning. ¶4. (U) With respect to the specific issues raised in reftel A, paragraph 6 (G): a) The above-cited evidence provided by the Prosecutor's Office shows that successful prosecution of human smuggling is becoming a regular part of that institution's work; however, trafficking cases per se have yet to be successfully prosecuted with regularity. b) It is unclear which of those persons - cited above as convicted or under "coercive measures" or investigation - are public officials. The Prosecutor's Office says, however, that it has pursued police, Navy and other officials. c) If "labor trafficking" is considered by G/TIP to be the same as "human smuggling" (vice "human trafficking") the data provided in para 2, above, should apply. Also, the Ministry of Labor implemented a "Program to Eliminate the Worst Forms of Child Labor" in the provinces of Barahona, Bahoruco and Indepedencia - some of the poorest areas of the DR. d) Post has yet to receive confirmation that any of the above-mentioned cases or investigations are related to child-sex tourism, but is seeking to obtain confirmation. e) NGO and GODR sources point to efforts to improve the help and shelter provided to alleged victims. Specific examples include: -- Ecuadorians women (May 2008): In the case of the 15 women from Ecuador who were trafficking victims, one stayed behind to testify against the alleged traffickers, while the other 14 were returned with the assistance of IOM. -- Haitian women (Sept. 2007): IOM reported to post that it and the Directorate General of Migration worked together help and return 13 Haitian women who were trafficking victims. -- Authorities also cooperate with a religious group that runs a shelter for trafficking victims. f) In an effort to help prevent re-victimization and to provide better support to Dominicans who have been trafficked overseas, the Ministry of Foreign Affairs and the Directorate General of Migration have conducted a series of training and awareness-raising seminars for consular officers and Directorate General of Migration officials. In addition, government institutions, per IOM, have jointly conducted information campaigns - aimed especially at women and children - "in the main provinces and municipalities where there is the most vulnerability." -- Amcits: At last report, two American citizens, one a dual national, have been arrested this year on charges related to "involvement in child sex tourism." ¶5. (SBU) Comment: While the GODR is keenly aware of the damage a negative TIP report may have, and despite what appears to be genuine desire to improve prevention, protection and prosecution efforts, years of effort are only beginning to take root. This incremental progress must be understood by G/TIP to be in the context of misery in Haiti, 43 percent poverty in the DR and a long tradition of ineffectual or corrupt law enforcement in both countries. Simply put, efforts on the TIP front will never show much greater improvement than do the judicial, public health, education and law enforcement systems as a whole. The USG has significant assistance programs ongoing to improve the legal system and robust G/TIP funding to boost performance in any/all of these areas would be welcome. End Comment. FANNIN