Identifier
Created
Classification
Origin
08SANTODOMINGO1815
2008-11-28 18:33:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Santo Domingo
Cable title:  

DR TIP WATCH LIST INTERIM ASSESSMENT

Tags:  PGOV PHUM SMIG KCRM KTIP KWMN DR 
pdf how-to read a cable
VZCZCXYZ0001
OO RUEHWEB

DE RUEHDG #1815/01 3331833
ZNR UUUUU ZZH
O 281833Z NOV 08
FM AMEMBASSY SANTO DOMINGO
TO SECSTATE WASHDC IMMEDIATE 1859
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

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