SPAIN: FURTHER INFORMATION FOR NINTH ANNUAL

UNCLAS SECTION 01 OF 03 MADRID 000373

SENSITIVE
SIPDIS

DEPARTMENT FOR G/TIP, G, INL, DRL, PRM, EUR/PGI, EUR/WE
DEPARTMENT PLEASE PASS TO USAID
PASS TO ACBLANK

E.O. 12958: N/A
TAGS: KCRM PHUM KWMN SMIG KFRD ASEC PREF ELAB SP
KTIP
SUBJECT: SPAIN: FURTHER INFORMATION FOR NINTH ANNUAL
TRAFFICKING IN PERSONS (TIP) REPORT

REF: A. MADRID 298

B. MADRID 187

MADRID 00000373 001.2 OF 003


1.(SBU) This cable assembles answers to various questions
posed by the Department into a front-channel cable as further
information to supplement Embassy Madrid's ninth annual
Trafficking in Persons (TIP) Report and a previous addendum
(REFTELS). Embassy POC is Political Officer Hugh Clifton,
Tel. (34) 91-587-2294, Fax. (34) 91-587-2391.


2. (SBU) Post firmly believes that the GOS's efforts during
2008 merit Spain's continued inclusion in the Tier 1 category
of countries combating TIP. The GOS is firmly committed to
combating TIP and that it undertook a series of concrete
actions to carry out this political will. Leading Spanish
anti-TIP NGO in Spain, Proyecto Esperanza, concurs, telling
the Embassy that - while there is always more that could be
done - the GOS deserves the Tier 1 ranking this year. In
light of the GOS's long-awaited passage in December 2008 of
its ambitious, three-year, 61-point plan to combat TIP for
the purposes of sexual exploitation and the GOS's signing in
June of the Council of Europe's Convention to Fight
Trafficking in Persons, it would be particularly
counterproductive to downgrade Spain after it addresses
successfully one of the NGO communities specific concerns.

//ADDITIONAL STATISTICS RE: OPERATION ZARPA VICTIMS//


3. (SBU) As mentioned in REF A, the GOS made great inroads
dismantling what has been described as the largest network
for trafficking in Russian women for sexual exploitation.
Utilizing judicial detentions to disrupt trafficking, Spain
initiated part III of Operation ZARPA, an ongoing Spanish
National Police (SNP) investigation that began in November
2006, and whose first detentions took place in April 2007 and
continued with part II in June 2007. The Ministry of
Interior (MOI) has supplied additional statistics to Post on
this Operation. The cumulative total of the three phases of
the operation resulted in the detention of 599 Russian
prostitutes who were in Spain illegally. Of those, 25 have
been declared protected witnesses, 13 have been obtained
permanent residency through relatives in Spain, six have
obtained residency permits for collaborating with the GOS
against organized crime networks, and six have returned
voluntarily to Russia. Furthermore, 201 women were deported
to their country of origin while an additional 348 have been
ordered to leave Spain. The MOI notes that this operation
took place before the approval of the GOS's 30-day
"reflection period" during which time the victims could
decide on whether or not they wanted to cooperate with the
GOS. Our MOI contact cites "enormous progress" since then in
the way that the Spanish screen and identify TIP victims and
how they handle TIP cases. Spain is making a serious and
sustained effort to lead international anti-trafficking
efforts.

//CLARIFICATION ON JUDICIAL DATA//


4. (SBU) Following emails with G/TIP, Post understands that
there were differing definitions of "suspended sentence,"
which impacted the results reported in Para 3 of REF A.
Another factor that led to a misunderstanding was the fact
that - in keeping with last year's report - Post had combined
two categories to come up with the statistic of 54 percent of
TIP convictions having resulted in a fine or a suspended
sentence. Post has now separated those two categories. The
revised, separated statistics are: 95 percent of the 107
convictions we found were for sentences of 1 year or more.
Five percent of the 107 convictions received a suspended
sentence (less than a year). Forty-eight percent of the 107
convictions received a fine. The GOS is still finalizing
comprehensive judicial statistics for TIP cases in 2008,
however our contacts in the prosecutor's office have assured
us many times that the GOS is entirely amenable to providing
the data to Post when everything is ready. They also inform
us that they expect this process to be faster in 2010, when
retrieving data for 2009.

//FEDERAL FUNDING FOR PROTECTING VICTIMS//

MADRID 00000373 002.2 OF 003




5. (SBU) Para 29 of REF B reviews a detailed case study of
statistics for the types of victims that a federally-funded
NGO - Proyecto Esperanza - assisted in 2008. Because Spain's
central government has devolved funding for social issues to
the regional level, the bulk of funding to protect TIP
victims derives from the autonomous regional governments. To
use Proyecto Esperanza as an example, last year the regional
government provided 364,000 euros (approximately USD
465,000),the national government provided over 60,000 euros
(over USD 76,000) and the city government gave 77,000 euros
(nearly USD 100,000). All three figures are higher than the
funding provided in 2007, when the federal government
provided the NGO 110,000 euros (approximately USD 160,000),
the regional government provided over 27,000 euros (over USD
39,000) and the city government gave 40,000 euros (USD
58,000). Our GOS contacts say that they are increasing
funding for the current year and note that the National
Action Plan calls for increases across the board in the
support they will provide to anti-TIP NGOs. It is important
to note that in early March 2009, the GOS approved the
creation of two million euros for a fund to help trafficking
victims, as called for in the recently passed national plan
combat TIP for the purposes of sexual exploitation. This
money will cover the costs associated with specific programs
(medical, legal, and psychological) for TIP victims and the
will support the actions of NGOs who work in support of
combating TIP.

//TIP VICTIMS WHO CHOOSE TO COLLABORATE WITH GOS//


6. (SBU) Proyecto Esperanza notes that - following the
December 2008 passage of the GOS national plan to combat TIP
- the legal frameworks guiding Spain's immigration, asylum,
and penal code policies are under revision, as laws are
updated to reflect what has been prescribed in the National
Plan. Traditionally, victims who cooperate receive a
residency permit valid for one year, which is renewable for a
two-year period if the victim obtains a legal job. At this
point, to destigmitize victims, they are asking for the
renewal not as TIP victims but as any other immigrant would
do. If the victim can secure a second renewal for a total of
five years, then the permit is for permanent residency.
Consequently, victims who change their minds about
collaborating can reconsider at any of these junctures.

//FORMAL REFERRAL MECHANISM//


7. (SBU) As reported in Para 38 of REF B, Spain has indeed
established a formal referral mechanism, although admittedly
this was done late in the reporting period. Our Ministry of
Foreign Affairs (MFA) contact has identified this anti-TIP
working group as the entity which fulfills that role.

//MUNICIPAL GOVERNMENTS' PUBLIC AWARENESS CAMPAIGNS//


8. (SBU) Post confirms that the cities of Madrid, Barcelona
and Sevilla conducted anti-TIP awareness campaigns.
Madrid's campaign continued its theme from the previous year:
"Because you pay, prostitution exists... Do not contribute
to the perpetuation of 21st century slavery."

//A GOVERNMENT-FUNDED HOTLINE//


9. (SBU) The government does fund NGOs - such as Proyecto
Esperanza - that provide 24-hour phone numbers for TIP
victims, but the money is not specifically earmarked for this
purpose and Proyecto Esperanza informs Post that the NGO does
not consider this to be a national hotline. The call is not
free and there is no standard number to dial at the national
level. There is a national hotline for gender-based violence
that most women are likely to use to report trafficking
related concerns.

//VULNERABLE GROUPS//


10. (SBU) Project Esperanza note that Romanian TIP victims
form the largest victim group by nationality in Spain, but
highlight the unusual circumstance that - due to revisions in

MADRID 00000373 003.2 OF 003


the EU law - they are no longer considered irregular
immigrants. This is also the case for Bulgarian TIP victims.
Citizens from Romania and Bulgaria now enjoy freedom of
movement and the right to work in all other EU member states.


//CHINESE TIP VICTIMS IN SPAIN//


11. (SBU) Chinese TIP victims who become involved in forced
labor are a very small community in Spain. Neither our NGO
nor GOS sources have any specific information regarding
particular sectors of the economy in which Chinese victims
are most often found.

//SPECIALIZED SERVICES FOR SPECIFIC TIP VICTIM GROUPS//


12. (SBU) Project Esperanza was not aware of any specialized
victim protection services offered by the GOS to child
victims or males who are forced labor trafficking victims.


//PRE-DEPLOYMENT TRAINING FOR SPANISH PEACEKEEPERS//


13. (SBU) Post understands that peacekeepers are included
among the Spanish military who receive pre-deployment
trafficking awareness training.

//OSCE REPORT//


14. (SBU) Post has no reason to believe that the OSCE will
issue a negative report about Spain, especially in light of
the fact that the GOS in 2008 shared a draft of its national
plan with the OSCE for input and feedback.
CHACON