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

UNCLAS SECTION 01 OF 03 BRASILIA 000348

SIPDIS

DEPARTMENT FOR G/TIP MARK TAYLOR AND BARBARA FLECK, WHA/PPC FOR
SCOTT MILLER, WHA/BSC FOR CAROLINE CROFT AND BOB WITAJEWSKI, 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,
ADDITIONAL INFORMATION

REFS: A. 08 STATE 132759, B. BRASILIA 250, B. BRASILIA 251, C.
BRASILIA 252


1. This message provides additional information on trafficking in
persons in Brazil not previously reported in refs B, C, and D. With
the exception of paragraph 4, the new information was provided by
the National Secretariat of Justice (SNJ),which has been very
cooperative and helpful to the Mission in the completion of this
report, unlike in 2007 and 2008, when it refused to work with us on
the report.

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THE COUNTRY'S TIP SITUATION
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(NOTE: Answer corresponds to questions in ref A, para. 23. END
NOTE)

Section E
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2. According to the SNJ, principal destination countries for
Brazilian sex trafficking victims are Spain, The Netherlands,
Venezuela, Italy, and Portugal, and the top destination countries
for labor trafficking victims from Brazil are Bolivia and Paraguay.

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SETTING THE SCENE FOR THE GOVERNMENT'S ANTI-TIP EFFORTS
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(NOTE: Answer corresponds to questions in ref A, para. 24. END
NOTE)

Section C
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3. According to the SNJ, TIP expenditures in the PRONASCI budget in
2008 were 750,000 reals (about USD 333,000).

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INVESTIGATION AND PROSECUTION
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(NOTE: Answers correspond to questions in ref A, para. 25. END
NOTE)

Section E
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4. On March 4, 2009, a federal judge in, Maraba, Para state,
convicted and sentenced 22 persons on slave labor charges, acquitted
six on slave labor charges but convicted them of other, related
charges, and acquitted another six defendants entirely of slave
labor charges. According to official statements, the six who were
completely acquitted could not be convicted because the charges
dated from before 2003, before the alteration of Article 149
(Reducing a person to a condition analogous to slavery) to stipulate
a prison sentence of greater than two years eight months. The
sentences handed down ranged from three years, four months, in
prison and fine of 100 "fine-days" to ten years, six months, in
prison and 315 "fine-days" (Note. NFI on "fine-days," possibly
based on minimum wage earnings. End note.) The defendants can
appeal the sentences. According to a statement on the case from the
Federal Prosecutor's office in Para, southeastern Para is the source
of the greatest number of slave labor cases brought to the Federal
Public Ministry, and of the 64 cases for Article 149 violations
brought to the Federal Public Ministry in 2008, 46 concerned workers
freed from farms in southeastern Para. This case is extremely
important because it is the first instance of slave labor
convictions in federal court that have resulted from the November
30, 2006, Supreme Court decision that gave federal courts the
authority to try slave labor cases. Previously they were handled in
state courts.

Section F
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5. In September 2008, the National Secretariat of Justice (SNJ)
carried out the First Training Course on Trafficking in Persons and

BRASILIA 00000348 002 OF 003


Irregular Immigration, designed especially for officials who work in
the restricted areas of the Guarulhos airport, Brazil's busiest,
including federal police agents, phyto-sanitary inspectors,
employees of Infraero (the airports authority),and the federal
revenue service. In February 2007, the SNJ had provided a training
course on the same subjects for airline employees, and federal and
civil and police agents. Approximately 300 persons (total)
participated in the two courses.


6. According to the SNJ, the government and the University of
Brasilia have presented a distance learning course on TIP for 600
professionals (dates not specified).

Section H
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7. According to the SNJ, Brazil has two pending extradition cases
in which a judge in Bahia state requested the extradition from Spain
of Brazilian women arrested in December 2008 on charges including
international trafficking in persons.

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PROTECTION AND ASSISTANCE TO VICTIMS
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(NOTE: Answers correspond to questions in ref A, para. 26. END
NOTE)

Section B
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8. According to the SNJ, the government works with shelters and
health care providers to provide assistance to victims of
trafficking and forced labor at over 600 sites, and a network of 400
centers work with children, including victims of commercial sexual
exploitation and sex tourism. The government of the state of Sao
Paulo continues working with an NGO to assist repatriated Brazilian
women and adolescents who were trafficking victims. Also according
to SNJ, the Assistance Program for Women and Adolescent Victims of
Trafficking for Sexual Exploitation has been in continuous operation
since October 2006 with funding from USAID, which provides it
training, technical and financial assistance. The program has
developed a judicial mechanism to provide social, psychological and
legal assistance to child and adult victims, and was developed on
the basis of the rights guaranteed to TIP victims in the Palermo
Protocol. The program is being carried out in ten Brazilian cities,
including Manaus, Sao Luis, Fortaleza, Natal, Foz do Iguacu, Rio
Branco, Recife, Salvador, Sao Paulo, and Rio de Janeiro, all chosen
because of their high incidence of trafficking in women and
children.

Section D
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9. According to the SNJ, over 20,000 Bolivians have been granted
legal status in Brazil since the 2005 Brazil/Bolivia Migratory
Regularization Agreement allowed them to adjust status. The SNJ
states that the total number of Bolivians who have benefited is
around 60,000 because the data do not include dependents.

Section K
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10. According to the SNJ, the Brazilian Foreign Ministry recently
(NFI) instructed its embassies and consulates to "map out" a network
of support and shelter in order to provide partnerships and
protection trafficking victims overseas.

Section M
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11. According to the SNJ, a large number of NGOs with broad agendas
are also involved in combatting trafficking in Brazil, including the
Palmares Foundation, the "Cry for Life Network" (Rede Grito Pela
Vida),as well as churches, working jointly with NGOs and the
government.

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PREVENTION

BRASILIA 00000348 003 OF 003


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(NOTE: Answers correspond to questions in ref A, para. 27. END
NOTE)

Section A
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12. Following up on the successful First Libertas Prize
competition, organized in 2008, the government plans to conduct a
Second Libertas Prize competition in 2009.

Section C
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13. Brazil and Portugal have a Cooperative Agreement for the
Prevention and Repression of the Illicit Traffic in Immigrants.
Under the auspices of the agreement, the SNJ and the government of
Portugal are organizing the Second Luso-Brazilian Seminar on
Trafficking in Persons and Irregular Immigration, to take place
March 23 and 24, 2009, in Portugal.

Section E
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14. The Sentinela victim assistance program has been renamed the
Service to Confront Violence, Abuse and Sexual Exploitation Against
Children and Adolescents.

KUBISKE