Identifier
Created
Classification
Origin
09BRASILIA252
2009-03-02 11:14:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Brasilia
Cable title:  

BRAZIL: NINTH ANNUAL TRAFFICKING IN PERSONS (TIP) REPORT,

Tags:  KTIP KCRM PHUM KWMN SMIG KFRD ASEC PREF ELAB BR 
pdf how-to read a cable
VZCZCXRO6598
RR RUEHRG
DE RUEHBR #0252/01 0611114
ZNR UUUUU ZZH
R 021114Z MAR 09
FM AMEMBASSY BRASILIA
TO RUEHC/SECSTATE WASHDC 3685
INFO RUEHRI/AMCONSUL RIO DE JANEIRO 7342
RUEHRG/AMCONSUL RECIFE 9156
RUEHSO/AMCONSUL SAO PAULO 3626
RUEHLI/AMEMBASSY LISBON 0482
RUEAWJA/DEPT OF JUSTICE WASHDC
RHEFHLC/HOMELAND SECURITY CENTER WASHINGTON DC
RUEHC/DEPT OF LABOR WASHDC
RUEATRS/DEPT OF TREASURY WASHDC
UNCLAS SECTION 01 OF 06 BRASILIA 000252 

SENSITIVE BUT UNCLASSIFIED
SIPDIS

DEPARTMENT FOR G/TIP MARK TAYLOR AND BARBARA FLECK, WHA/PPC FOR
SCOTT MILLER, WHA/BSC FOR CAROLINE CROFT AND BENJAMIN CHIANG, INL,
DRL, AND PRM. USAID.

E.O 12958: N/A
TAGS: KTIP KCRM PHUM KWMN SMIG KFRD ASEC PREF ELAB BR

SUBJECT: BRAZIL: NINTH ANNUAL TRAFFICKING IN PERSONS (TIP) REPORT,
PART 1 OF 3

REFS: 08 STATE 132759, 08 Brasilia 35, 08 Brasilia 56, 08 Brasilia
471, 08 Brasilia 594, 08 Brasilia 760, 08 Brasilia 941, 08 Brasilia
962, 08 Brasilia 1506, 08 Brasilia 1588, 08 Brasilia 1608, 08
Brasilia 1686, Brasilia 79, Brasilia 102, 08 Recife 46, 08 Rio 172,
08 Rio 347, 08 Sao Paulo 117, 08 Sao Paulo 276, 08 Sao Paulo 412, 08
Sao Paulo 432, 08 Sao Paulo 620, 08 Sao Paulo 678, Sao Paulo 18.


UNCLAS SECTION 01 OF 06 BRASILIA 000252

SENSITIVE BUT UNCLASSIFIED
SIPDIS

DEPARTMENT FOR G/TIP MARK TAYLOR AND BARBARA FLECK, WHA/PPC FOR
SCOTT MILLER, WHA/BSC FOR CAROLINE CROFT AND BENJAMIN CHIANG, INL,
DRL, AND PRM. USAID.

E.O 12958: N/A
TAGS: KTIP KCRM PHUM KWMN SMIG KFRD ASEC PREF ELAB BR

SUBJECT: BRAZIL: NINTH ANNUAL TRAFFICKING IN PERSONS (TIP) REPORT,
PART 1 OF 3

REFS: 08 STATE 132759, 08 Brasilia 35, 08 Brasilia 56, 08 Brasilia
471, 08 Brasilia 594, 08 Brasilia 760, 08 Brasilia 941, 08 Brasilia
962, 08 Brasilia 1506, 08 Brasilia 1588, 08 Brasilia 1608, 08
Brasilia 1686, Brasilia 79, Brasilia 102, 08 Recife 46, 08 Rio 172,
08 Rio 347, 08 Sao Paulo 117, 08 Sao Paulo 276, 08 Sao Paulo 412, 08
Sao Paulo 432, 08 Sao Paulo 620, 08 Sao Paulo 678, Sao Paulo 18.



1. (SBU) SUMMARY: Brazil continued to be a source country for
internationally and domestically trafficked women, children, and
men, and a destination country for forced factory labor in
metropolitan cities. Brazil was not a significant Trafficking in
Persons (TIP) transit country. Forced or slave laborers continued
to be employed on cattle ranches, large farms, in logging, and in
charcoal production for use in making pig iron. The GOB supported
efforts to combat trafficking and provide assistance to victims,
including the initiation of a national anti-TIP work plan that
assigned specific tasks and responsibilities to fifteen federal
government ministries and agencies. Implementation of that work
plan is now underway under the overall leadership of the Ministry of
Justice (MOJ) in coordination with the Special Secretariat for
Women's Issues and the Special Secretariat for Human Rights. The
Labor Ministry's Mobile Inspection Groups, consisting of hundreds of
labor inspectors, Federal Police agents, and prosecutors, represent
a best practice in the combat against forced and child labor, and
have freed over 32,000 workers from such conditions in the since
they were created in 1995, and in some recent years have freed well
over 5,000 workers a year. In 2008, the government began
implementing a national plan against trafficking in persons, and has
successfully carried out criminal prosecutions against internal and
international sex traffickers and has made attempts to convict labor

traffickers as well. The GOB exposes to public scrutiny employers
who use forced labor by publishing a "Dirty List" on the Labor
Ministry's Internet site, conducts broad information campaigns
against sex trafficking, sex tourism, and forced labor, works with
NGOs to aid trafficking victims, and has installed Posts to Confront
Trafficking in Persons in high-risk areas to prevent and stop
trafficking. A group of federal prosecutors are working with
Mission to improve the government's ability to refer TIP cases from
investigative bodies to prosecutorial bodies in order to increase
criminal prosecutions of trafficking in persons. END SUMMARY.

- - - - - - - - - - - - - -
THE COUNTRY'S TIP SITUATION
- - - - - - - - - - - - - -

(NOTE: Answers correspond to questions in ref A, para. 23. END
NOTE)

Section A:
--------------


2. (U) During 2008, the Government of Brazil was in the process of
creating a central database to collect and analyze allegations of
child exploitation and other crimes, including trafficking in
persons, forced labor and child pornography. The consolidated
database is projected to be ready in October 2009. Until then,
various unintegrated databases must be consulted to gather TIP
information. All territories within Brazil's borders were under
government control. However, Brazil's geography and unmonitored
borders in remote regions created difficulties for the government of
Brazil in combating TIP.


3. (U) Three significant studies on TIP will be released in 2009.
In May 2009, the International Labor Organization (ILO) will release
a Global Report on the situation of forced labor around the world.
The ILO Brazil office will release another report on the "Brazilian
case," addressing slavery in Brazil and responses to it.


4. (U) In the second semester of 2009, an academic study of the
profile of actors involved in contemporary slavery will be released.
This study has been done in conjunction with the University of Rio
de Janeiro, with a group of social scientists that work at GEPTEC
(study group on contemporary rural slavery). One hundred fifty
workers, 10 recruiters and 20 farmers/farm owners were interviewed
and profiled for the report. The study summarizes the situation as
better than it was 20 years ago, although the number of victims
rescued from slave labor is higher. It notes that in 2008, 5,000

BRASILIA 00000252 002 OF 006


were rescued. It observes that now there comparatively more
increased awareness, less violence, and living conditions are
better. It highlights that the changes to the penal code made in
2003 make it stronger, with new articles that make it easier to
characterize forced labor than under ILO Convention 29, the 1930
Forced Labor Convention. To be considered slave labor any of the
following conditions will qualify: coercion and threat of
punishment, long hours of work, degrading work, or debt bondage.


5. (U) Also in the second semester of 2009, ILO Brazil will release
another academic study that has charted the situation of slave labor
in the country. The name of the study is "Atlas of Slave Labor" and
it combines data regarding the places where forced labor is found in
Brazil with social data such as the UN Human Development Index. It
is possible to see that forced workers are recruited in areas where
people are socially vulnerable because they are poor and have little
or no access to health services or education. The same types of
workers were rescued from slave labor conditions in border areas,
precisely where the agricultural frontier is expanding towards the
Amazon forest. The researchers have also developed an index of
probability of finding slave labor according to variables present in
order to find other locations with the same indicators. As a
consequence, mobile inspection groups will be able to find similar
at-risk areas more easily.

Section B
--------------


6. (U) Brazil continued to be a source country for internationally
and domestically trafficked women, children, and men, and a
destination country for forced factory labor in metropolitan cities.
Women and children from Brazil continued to be trafficked
internationally for prostitution. Trafficking also occurred within
the country's borders. Men and sometimes boys were trafficked into
forced labor, while women and girls were trafficked for
prostitution, although Federal and local police data for 2007 and
2008 suggest a low incidence of internal sex trafficking. National
Secretariat of Justice (SNJ) officials note that Brazil, like all
Mercosul member states, adheres to the definition of trafficking in
Article 19 of the UN Palermo Convention. According to a report by
the United Nations Office on Drugs and Crime (UNODC),trafficking of
women for the sex trade occurred in all of Brazil's states and the
federal district.


7. (U) Authorities estimated that thousands of women and children
were trafficked for commercial exploitation. Reliable statistics are
not available.


8. (SBU) UNODC country representative for Brazil Cintia Freitas
stated in February 2009 on the occasion of the release of the UNODC
Global TIP report that "Brazil is advancing in the right direction."


Section C
--------------


9. (SBU) Internal trafficking of rural workers into forced labor
continued to be a significant problem. According to the Ministry of
Labor and Employment (MTE),the Ministry's Mobile Groups freed
32,849 workers from conditions of slavery in the period from
1995-February 2009. Union leaders stated that nearly all persons
working as forced laborers were trafficked by labor recruiters.
Victims of internal labor trafficking were found working on cattle
ranches, large farms producing sugar cane, corn, cotton and other
crops, in logging, and in charcoal production for pig iron. Victims
of international labor trafficking worked in urban sweatshops, often
in the garment industry. Victims of internal and international sex
trafficking were trafficked into work as commercial sex workers in
brothels. Brazilian authorities also acknowledge the problem of
child prostitution practiced along highways, and have responded with
training for the Federal Highway Police.

Section D
--------------


10. (SBU) Black and mulatto women and children from the poorest
regions of Brazil are most vulnerable to exploitation and
trafficking. Children in regions most affected by poverty are much

BRASILIA 00000252 003 OF 006


more at risk for sexual exploitation, according to the Reference
Center on Children and Adolescents (CECRIA; 2002 study).
Specifically, children in the Amazon region were trafficked to
brothels near mining settlements, while in large urban centers dire
economic circumstances made street children vulnerable to resorting
to prostitution in order to survive. Sex tourism was prevalent in
398 of 1,514 tourist destinations along the northeast coast of
Brazil, according to a study by the University of Brasilia. A
network of travel industry agents, hotel workers, and others
actively recruited children and trafficked them within and outside
the country. For this reason, the Ministry of Tourism together with
the University of Brasilia implemented the Sustainable Tourism and
Childhood Program (Programa Turismo Sustentavel e Infancia). The
main objective of this program was to sensitize the tourism industry
to the problem and to combat sexual tourism. In 2007, approximately
4,752 people from 15 states received training. The training
methodology was also offered to municipalities with high incidences
of sexual exploitation cases. The Federal Police estimated that
from 250,000 to 400,000 children were involved in prostitution in
Brazil, noting that no more precise figures are available (NOTE:
Some NGOs placed the number as high as 500,000, although without
empirical data to support this assertion. END NOTE.)

Section E
--------------


11. (SBU) The 2004 UN report on the Sale of Children, Child
Prostitution, and Child Pornography included the following
statement: "Brazil is considered a supplier country for internal and
international trafficking". The Study on Trafficking in Women,
Children and Adolescents for Commercial Sexual Exploitation in
Brazil (PESTRAF, 2002, English version published 2003) pointed out
that Brazilian TIP victims come from the coastal cities of Rio de
Janeiro, Vitoria, Salvador, Recife and Fortaleza, although there
were also considerable number of victims trafficked from the states
of Goias, Sao Paulo, Minas Gerais and Para. The main destinations
were Europe (notably Italy, Spain, and Portugal) and Latin American
countries including Paraguay, Suriname, Venezuela, and the Dominican
Republic. PESTRAF also stated that victims from the states of Goias
and Ceara were often recruited through different methods. In Goias,
recruitment occurred exclusively through transnational criminal
networks that searched for Brazilian women to traffic to Europe for
commercial sexual exploitation. These victims were not usually
engaged in commercial sex acts in Brazil, and were motivated by
false promises of a job and better living conditions. In Ceara,
where the practice of sexual tourism was widespread, opportunistic
"amateur" criminals worked with established criminal networks to
find and recruit local women into prostitution, while also targeting
women with some previous experience as prostitutes. But according
to SNJ officials, many findings of the PESTRAF study, conducted from
1996-2002, are no longer valid, including the geography and
methodology of trafficking. For example, they said other Latin
American countries are not destination countries, with the
exceptions of Venezuela and Suriname. Current Federal Police data
suggest that Goias has become the largest source state for
international sex trafficking of Brazilian women.


12. (SBU) Several recent studies have documented the various
recruitment methods for different types of victims. These studies
include the three volumes (to date) of the Ministry of Justice's
Portuguese-language series "Studies in the Trafficking in Persons":
First Diagnosis on Trafficking in Human Beings: Sao Paulo, Rio de
Janeiro, Ceara and Goias, by Marcos Colares (MOJ, 2004); Trafficking
in Human Beings in the State of Rio Grande do Sul, by Jacqueline
Oliveira Silva (MOJ, 2006); Indicators of trafficking in persons in
the universe of deported and non-admitted persons who return to
Brazil through Guarulhos airport, by SNJ (MOJ, 2006); and
International Trafficking in persons and trafficking of migrants
among deportees and non-admitted persons who return to Brazil
through the Sao Paulo international airport, by anonymous (MOJ,
2007). In 2006, ILO Brazil published (in Portuguese) the second
edition of Trafficking in Persons for Sexual Exploitation. Colares
(2004) found that in human trafficking cases involving the
recruitment in Brazil of several victims simultaneously, there was
usually no previous acquaintanceship between the victims and the
accused traffickers, while in cases of individual recruitment, there
was usually a personal acquaintance or even blood relationship.
While Colares found in 2004 that most recruiters were men, current

BRASILIA 00000252 004 OF 006


police statistics (see below under prosecutions) show that now most
international sex traffickers in Brazil are women.


13. (SBU) Recent consolidated data on trafficking routes are
unavailable. The 2002 PESTRAF identified 241 international and
national trafficking routes, but based on anecdotal evidence and
unanalyzed data from their work, officials at the SNJ said some of
the study's findings are now obsolete.


14. (SBU) According to ICE, traffickers in Brazil tend to be
Brazilians trafficking only Brazilians, often using a travel agency
as a front operation for international sex trafficking. In Brazil
there is little or no evidence that traffickers are part of a larger
organized crime network, although investigators have not reached
that level of analysis. Some victims of sex trafficking,
particularly more mature women, go abroad knowingly and willingly to
make money in prostitution, while traffickers lie to others about
the real situation they will be entering overseas, ICE said. In
addition, an occasional feature of internal trafficking is that
parents may knowingly turn their children over to labor traffickers.
False documents are commonly used to obtain genuine travel
documents. Some trafficked individuals are also subjected to debt
bondage.

- - - - - - - - - - - - - - - - - - - - - - - - - - - -
SETTING THE SCENE FOR THE GOVERNMENT'S ANTI-TIP EFFORT
- - - - - - - - - - - - - - - - - - - - - - - - - - - -

(NOTE: Answers correspond to questions in ref A, para. 24. END
NOTE)

Sections A and B
--------------


15. (SBU) On October 26, 2006 President Lula signed a presidential
decree entitled "The National Act to End Trafficking in Persons."
The decree called for the establishment of policies and actions to
prevent TIP, and committed all elements of the federal government to
the fight against TIP. Further, the decree called for the formation
of a formal TIP working group made up of representatives from 14
federal ministries and agencies and elements of civil society and
tasked the group with creating a detailed and binding anti-TIP work
plan. The completed anti-TIP work plan was released in January 2008
and is now being implemented under the overall leadership of the
Ministry of Justice in coordination with the Special Secretariat of
Women's Issues and the Special Secretariat of Human Rights. Other
GOB ministries and agencies tasked with anti-TIP responsibilities
are: the Secretariat for the Promotion of Racial Equality, the
President's Civil House, the MOJ, the Ministry of Social Development
and Combating Hunger, the Ministry of Health, the Ministry of Labor,
the Ministry of Agrarian Development, the Ministry of Education, the
Ministry of Exterior Relations, the Ministry of Tourism, the
Ministry of Culture, and the Attorney General's Office. Thus, there
are now 15 GOB ministries and cabinet-level secretariats involved in
the implementation of the national anti-TIP plan.

Section C
--------------


16. (SBU) Brazil's vast size (8,511,965 square kms.; for comparison,
the size of the 50 states and the District of Columbia is 9,862,630
square kms.) and long land borders with ten neighboring states
(16,885 km.; U.S. land boundaries are 12,034 km.),including
extremely remote or hard to access areas, constitute a significant
obstacle for authorities battling trafficking, who must make a great
effort to coordinate responses to reports from remote areas, whether
deep in the interior or along the borders. As a result, Brazilian
authorities have decided to focus on the worst TIP challenges, and
are doing so. Brazil's lack of financial resources and personnel
dedicated to anti-TIP efforts impeded efforts to combat the problem.
However, the national anti-TIP work plan calls for increases in the
number of GOB personnel and level of resources devoted to fighting
TIP. According to MOJ sources, there is no large, centralized
anti-TIP fund to cover the work of all GOB ministries; rather each
ministry or agency will receive additional money for TIP in its
overall program budget. The MOJ funds anti-TIP activities through
UNODC, and through PRONASCI, the National Program of Public Safety
with Citizenship. PRONASCI has a broad public security mandate and

BRASILIA 00000252 005 OF 006


does not disaggregate TIP funding in its budget. (See also refs B
and C on PRONASCI.)


17. (SBU) Overall corruption is a problem in Brazil but there is no
evidence of official corruption related to trafficking in persons,
according to SNJ officials and ICE, and Mission Internet searches
did not produce any reports of official corruption related to TIP in
Brazil.

Section D
--------------


18. (SBU) The assignment of 150 federal labor inspectors to key
forced labor areas added to the ability to monitor labor conditions,
and efforts are underway to recruit and hire more labor inspectors
at the national and local levels. (NOTE: Inspectors at the local
level are federal employees of the Ministry of Labor who are
recruited locally and continue to live and work in areas from which
they were recruited. END NOTE). However, the fractured judicial
system continued to hinder the ability of prosecutors to bring cases
to trial and complete convictions.


19. (SBU) According to SNJ, the Government of Brazil is implementing
its National Anti-TIP work plan as mandated by the National Policy
to Counter Trafficking in Persons. This is greatly improving its
ability to systematically monitor its anti-TIP efforts on all
fronts. The GOB has created a monitoring group composed of 15
ministries and agencies to evaluate and publish information about
TIP in Brazil. The National Anti-TIP Policy is also intended to
bring about more efficient administration of trafficking cases
within the judiciary.


20. (U) The GOB has also created a working group including the
Federal Public Ministry, the State Public Ministries, the Federal
Police and others to study the best ways to improve the judiciary's
administration of TIP issues. The group will hold its first meeting
in March 2009.


22. (U) The general guidelines of the National Policy to Counter
Trafficking in Persons are as follows:

I - strengthening Brazil's federative structure by means of joint
and coordinated actions by all levels of government to prevent and
combat trafficking in persons, as well as provide assistance to the
victims and their reintegration into society;
II - fostering bilateral or multilateral international cooperation;
III - coordinating with national and international non-governmental
organizations;
IV - building a network infrastructure to counter trafficking in
persons, involving all levels of government and organizations of
civil society;
V - strengthening action in border regions, ports, airports,
highways, bus stations, train stations, and any other area where
trafficking might take place;
VII - checking the victims' condition and the corresponding
protection and assistance to be provided, abroad or in the national
territory, as well as their social reintegration;
VIII - providing incentives and carrying out research, taking into
consideration regional differences, organization and sharing of
information;
IX - promoting education and training of professionals to prevent
and combat trafficking in persons, as well as checking the victims'
condition, providing assistance, and their reintegration into
society;
X - harmonizing laws and administrative procedures on the subject
area at the federal, state and municipal levels.
XI - fostering the participation of civil society in public policies
social control instances in the area of suppression of trafficking
in persons; and
XII - fostering the participation of working class bodies and
professional councils in the discussion on the trafficking in
persons;
IV - reintegration into society with assurances of education,
culture, work training and opportunities, for the victims of
trafficking in persons;
V - reintegration into the family and into the community of children
and adolescents who were victims of trafficking in persons;
VI - providing attention to the victims' specific needs, with

BRASILIA 00000252 006 OF 006


special attention being given to issues of gender, sexual
orientation, ethnic or social origin, place of birth, nationality,
race, religion, age generation, migration situation, professional
activity or other status;
VII - protection of the identity and privacy rights of the victims
of trafficking in persons;
VIII - surveying, researching, updating and disclosure of
information on government and non-government institutions located
both in Brazil and abroad which provide assistance to victims of
trafficking in persons.
SOBEL