Identifier
Created
Classification
Origin
09MEXICO586
2009-02-27 23:36:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Mexico
Cable title:
NINTH ANNUAL TRAFFICKING IN PERSONS (TIP) REPORT -
VZCZCXRO5602 RR RUEHCD RUEHGD RUEHHO RUEHMC RUEHNG RUEHNL RUEHRD RUEHRS RUEHTM DE RUEHME #0586/01 0582336 ZNR UUUUU ZZH R 272336Z FEB 09 FM AMEMBASSY MEXICO TO RUEHC/SECSTATE WASHDC 5370 INFO RUEHXC/ALL US CONSULATES IN MEXICO COLLECTIVE RHMFIUU/DEPT OF HOMELAND SECURITY WASHINGTON DC RHMFIUU/DEPT OF JUSTICE WASHINGTON DC RUEHC/DEPT OF LABOR WASHINGTON DC RUEATRS/DEPT OF TREASURY WASHINGTON DC
UNCLAS SECTION 01 OF 16 MEXICO 000586
SENSITIVE
SIPDIS
G/TIP, G:ACBLANK, INL, DRL, PRM AND WHA/PPC
E.O. 12958: N/A
TAGS: ASEC ELAB KCRM KFRD KWMN PHUM PREF SMIG KTIP
SUBJECT: NINTH ANNUAL TRAFFICKING IN PERSONS (TIP) REPORT -
MEXICO
UNCLAS SECTION 01 OF 16 MEXICO 000586
SENSITIVE
SIPDIS
G/TIP, G:ACBLANK, INL, DRL, PRM AND WHA/PPC
E.O. 12958: N/A
TAGS: ASEC ELAB KCRM KFRD KWMN PHUM PREF SMIG KTIP
SUBJECT: NINTH ANNUAL TRAFFICKING IN PERSONS (TIP) REPORT -
MEXICO
1. The mission's point of contact on the Trafficking in
Persons (TIP) Report is Poloff Suzanne Archuleta. She may be
reached by telephone at (52) (55) 5080-2000, ext. 4806, or by
fax at (52) (55) 5080-2247 or ArchuletaMS@state.gov. Post
requests that the names of the non-governmental organizations
(NGOs) working with the Government of Mexico (GOM) providing
victim protection and assistance not be disclosed in this
report. Post also requests that the names and details
connected to ongoing investigations not be made public.
2. Mexico is a country of origin, transit, and destination
for persons trafficked for sexual and labor exploitation.
While there are no reliable figures as to the extent of the
trafficking problem, Mexico,s geographic location along
primary transportation routes for illegal migration into the
U.S. as well as the country,s high level of organized
criminal gang activity leaves little doubt that the
transnational and domestic trafficking numbers are
substantial.
MEXICO'S TIP SITUATION:
3. (SBU) QUESTION A. What is (are) the source(s) of available
information on trafficking in persons? What plans are in
place (if any) to undertake further documentation of human
trafficking? How reliable are these sources?
POST RESPONSE: There are no reliable statistics regarding
the extent of the trafficking problem. There are pending
plans to better document the TIP problem under the terms of
the 2007 Law to Prevent and Sanction Trafficking in Persons.
The law mandates creation of an inter-agency commission
(Article 10),responsible for coordinating all GOM actions to
counter TIP, including analysis of the scope of the problem
in Mexico. On February 27, 2009 regulations for
implementation of the TIP were published laying the
foundation for the creation of the proscribed interagency
commission. The already existing Public Security National
System is charged with gathering information to establish a
statistical database on how often TIP crimes are committed.
Guidelines will be established in the National Program to
Prevent and Sanction Trafficking in Person (creation of which
is required by the 2007 law).
In December 2008, the Chamber of Deputies, the National Human
Rights Commission (CNDH) and the Center for Studies and
Research in Social Development and Assistance (CEIDAS) began
collaborating to create Mexico's first national report on
trafficking in persons. This collaborative group intends to
develop an analysis of the problem's scope in each Mexican
state, and outline existing policies and programs to combat
TIP. The report will also recommend preventive actions. No
date is established for the completion of this report.
The International Organization for Migration (IOM) reported
that of the 51 trafficking victims it had assisted from
January 2008 to January 2009, (the majority came from Central
America (Guatemala, Honduras, Nicaragua, Costa Rica) and less
than 5 from South America (mainly from Colombia and Ecuador),
and of the 51, 39 were women. (Note: Post is seeking
further updates from IOM and INM.)
Some statistics are available on specific trafficking victims
and generally vulnerable populations. The INM reported that
approximately 55,000 migrants, the vast majority from Central
America, were detained and repatriated in 2008. However,
many NGO's believe this number to significantly
under-represent migration through Mexico.
Other information on trafficking patterns that are available
come from NGOs or academics. However, though, most of these
reports tend to contain more anecdotal evidence than concrete
statistics.
4. (SBU) QUESTION B. Is the country a country of origin,
transit, and/or destination for internationally trafficked
men, women, or children? Does trafficking occur within the
country's borders? If so, does internal trafficking occur in
territory outside of the government's control (e.g. in a
civil war situation)? To where are people trafficked? For
what purposes are they trafficked? Provide, where possible,
numbers or estimates for each group of trafficking victims.
Have there been any changes in the TIP situation since the
last TIP Report (e.g. changes in destinations)?
POST RESPONSE: Mexico is a country of origin, transit, and
MEXICO 00000586 002 OF 016
destination for trafficked men, women, and children for
purposes of sexual and labor exploitation. Of those
transited through or destined for Mexico, the vast majority
of trafficking victims come from Central America, with a
lesser number of victims originating from the Caribbean,
Eastern Europe, and Asia. Those in transit are largely
trafficked to the United States. Most victims originating
from Mexico also are trafficked to the U.S., with smaller
numbers to Europe, Asia and Canada. Mexico has a significant
problem with internal trafficking, although it is much less
visible that international trafficking. Often Mexican women
and girls are trafficked to the northern border or to cities
where sex tourism is prevalent, such as Cancun and Acapulco.
According to local NGOs, the following forms of trafficking
can be associated with geographic regions of Mexico: labor
exploitation is predominant in Chiapas, Chihuahua, Oaxaca and
Veracruz; trafficking linked to cultural traditions (parents
sell, rent or barter children for money or business) is
prevalent in the indigenous communities in Oaxaca, Chiapas
and Guerrero; and sexual exploitation of children and women
is prevalent in Acapulco, Cancun, Puerto Vallarta,
Zihuatenejo, Baja California and Mexico City.
Generally people are trafficked to the big cities or border
towns, however there have been some cases of persons taken
from big cities, such as Mexico City, to other states, such
as Puebla or Tlaxcala, where forced labor and sexual
exploitation of migrants also occurs.
5. (SBU) QUESTION C. What kind of conditions are the victims
trafficked into?
POST RESPONSE: Conditions faced by victims of domestic
trafficking are generally poor by U.S. employment standards.
Victims tend to work long work hours with minimal breaks or
time off. Nutritional and sanitary standards are poor.
Victims who are trafficked internationally face the same
conditions, plus the additional discomforts and dangers of
crossing international borders illegally.
6. (SBU) QUESTION D. Vulnerability to TIP: Are certain groups
of persons more at risk of being trafficked (e.g. women and
children, boys versus girls, certain ethnic groups, refugees,
IDPs, etc.)?
POST RESPONSE: Because of the lack of concrete statistics on
trafficking, the increase in the number of victims or the
kinds of trafficking victims is difficult to ascertain.
However, the consensus among migration and trafficking
experts in government and civil society is that the
populations most vulnerable to trafficking tend to be women
and children (both boys and girls),undocumented migrants
(most often from Central America),as well as indigenous
groups. It is frequently held in Mexico that the pattern of
illegal migration from Mexico and Central American into the
U.S. puts a larger number of vulnerable persons at risk for
coming into contact with traffickers.
7. (SBU) QUESTION E. Traffickers and Their Methods: Who are
the traffickers/exploiters? Are they independent business
people? Small or family-based crime groups? Large
international organized crime syndicates? What methods are
used to approach victims? For example, are they offered
lucrative jobs, sold by their families, or approached by
friends of friends? What methods are used to move the
victims (e.g., are false documents being used?). Are
employment, travel, and tourism agencies or marriage brokers
involved with or fronting for traffickers or crime groups to
traffic individuals?
POST RESPONSE: Migrants from Mexico and Central America
(especially women and children) are frequently smuggled into
the U.S. with the promise of a lucrative job only to find
themselves forced into prostitution or debt-bondage working
conditions. Some traffickers falsely offer victims help in
reuniting them with their family in the U.S. Other common
methods used to approach/target victims include placing ads
in newspapers that invite girls to participate in
international exchanges or to start lucrative modeling
careers. While credible statistics that describe the
frequency of the practice are unavailable, it is clear from
anecdotal evidence that such recruits are sometimes forced
into labor bondage or prostitution. Minors traveling alone
MEXICO 00000586 003 OF 016
from Central America through Mexico to the U.S. to meet with
family members who left for the U.S. for better economic
conditions often fall prey to traffickers while traveling
north without an adult.
Indigenous families have on occasion resorted to selling,
renting or bartering their children to traffickers for money.
Anecdotal evidence suggests that such children have
sometimes become victims of sex trafficking in tourist areas
such as Cancun, Acapulco or Puerto Vallarta.
Within Mexico, women and children from Mexico's poorest
regions of Mexico move to the urban, tourist, and the
northern border areas seeking economic opportunity, but they
often end up working in the commercial sex industry or
domestic work, for farm work (or all) due to trickery,
threats, or physical violence by traffickers.
The widespread use of professional alien smugglers contracted
to help illegal migrants transit Mexico and cross into the
U.S., increases the risk of falling prey to trafficking
networks. Traffickers often employ alien smugglers to both
target and transport victims. Alien smugglers use a wide
variety of techniques to get people across the border,
including false documents, hidden compartments, and dangerous
desert crossings. Among legitimate transportation services,
taxi drivers serve as guides and facilitators for sex
tourists, common in border towns like Tijuana.
Many organized criminal organizations from Mexico and other
countries use Mexico as a staging and training area for women
and young girls destined for brothels and table dance bars in
the U.S. There is reported involvement of criminal gangs
from Mexico, Central America, Europe, Japan, China and
several other countries. Trafficking is also operated by
small family networks.
For labor exploitation, traffickers often acquire legal work
documents to transport victims to factories or
farms/plantations, where employers then confiscate documents
and impose extreme working conditions. Regional migrants
within Mexico (such as farm workers from southern Mexico
seeking work in northern states and migrants from Central
America seeking work from farms in southern Mexico) are also
victims of such exploitation.
Another method used by traffickers to lure in and control
victims is to establish personal romantic relationships and
the eventual promise of marriage to isolate them from their
families and render them vulnerable to various forms of
trafficking.
SETTING THE SCENE FOR THE GOVERNMENT'S ANTI-TIP EFFORTS:
8. (SBU) QUESTION A. Does the government acknowledge that
trafficking is a problem in the country? If not, why not?
POST RESPONSE: The GOM recognizes it has a sex and labor
trafficking problem, which are both transnational and
domestic problems. Elements of the Mexican government, civil
society and public are attaching growing importance to the
issue of trafficking in persons. GOM officials, the
semi-autonomous (government-funded) National Human Rights
Commission (CNDH) and non-governmental human rights groups
continued to speak out against trafficking in persons
throughout the year. Definitional problems remain, however:
among both the public and law enforcement officials, a the
clear distinction between human smuggling and trafficking in
persons needs to be drawn on the national, state and local
level.
During the last year, the GOM/NGOS sponsored numerous
seminars and conferences that included panels on trafficking
to promote better public awareness..
CNDH has worked to address university, business and union
sectors on trafficking in persons.
Regional Working Groups:
On May 2008, in Mexico City, CNDH used government funds to
create a working group called the "Regional Committee against
the Trafficking of Persons- Mexico, Central America and the
Caribbean," within the network of National Institutions for
the Promotion and Protection of Human Rights (CORMECAC),made
up by the Ombudsmen of Costa Rica, El Salvador, Guatemala,
Honduras, Nicaragua, Panama, the Dominican Republic and
MEXICO 00000586 004 OF 016
Mexico. In November 2008, in Merida, Yucatan, the first
working group gathering to appoint representatives for a
Technical Group that was charged with initiating activities
in February 2009. The working group's first technical
meeting was held on February 20, 2009.
University forums
Additionally, there were various university forums: National
Autonomous University of Mexico (UNAM); the IberoAmerican
University (UIA); the Autonomous University "Benito Juarez"
of Oaxaca (UABJO); a joint cooperation of CNDH, UANJO and the
Commission for the Defense of Human Rights of the State of
Oaxaca (CDDHO); and labor sindicate forums with CNDH and the
Revolutionary Confederation of Workers and Farmers (CROC) in
Tijuana, Baja California to raise awareness among students
and workers to the social epidemic of TIP.
Regional forums
In 2008, CNDH implemented regional public forums to push for
the homogenization of a national juridic TIP framework. One
forum was held in la Ciudad de Culiacan, Sinaloa, together
with the State Senate and State Government of Sinaloa with
the participation of six states. Another forum took place,
with the support of the State Government of Campeche, in San
Francisco de Campeche, Campeche in November 2008, with eight
states participating.
Training workshops
In terms of training, in September 2008, CNDH, along with
PROTEJA-USAID, and the UN Office Against Drugs and Crime
(UNUDD),held workshops on "Detection and Identification of
Victims of Trafficking in Mexico." In Baja California on
September 2-4; and in Juchitan, Oaxaca on September 5,8 and
9; in Tapachula, Chiapas on September 9-11. City, state and
federal public servants, NGOs, consulates, academics and
others participated at each of the workshops.
With the collaboration of the Deaf Association of the Federal
District, translation services for the deaf were provided at
all of these CNDH TIP workshops.
National NGO Working groups
CNDH organized three working groups with TIP expert NGOs,
that were also attended by a representative from the
interagency commission created by the Law to Prevent and
Sanction Trafficking in Persons, in order to construct a
network for NGOs, TIP victims and their families to gather
TIP information.
On February 23, CNDH, along with PROTEJA and CROC, produced a
short film, "Slavery of the 21st Century- Trafficking in
Persons." This film will be followed by another short
film"Mexican legislation on Trafficking in Persons and
Related Crimes."
9. (SBU) QUESTION B. Which government agencies are involved
in anti-trafficking efforts and which agency, if any, has the
lead?
POST RESPONSE: On November 27, 2007, President Calderon
signed federal anti-trafficking legislation which makes TIP a
crime punishable at the federal level. Under the new law an
interagency committee was created with all government
agencies to coordinate on this issue. Agencies participating
on the Inter-agency committee to address TIP include:
National Migration Institute (INM),Mexican Attorney
General's Office (PGR),National Institute for Women
(INMUJERES),Secretary of Health, Mexico's Foreign Relations
Secretariat (SRE),Secretary of government (SEGOB),Secretary
for Public Security (SSP),Secretary for Health, Secretary
for Communications and transportation (SCT),Secretary of
Labor STPS),Secretary of Public Education (SEP),along with
three academic experts, and three representatives from civil
society. The law mandates that the executive appoint a
single federal oversight element to manage operation of the
inter-agency. On February 27, 2007, the government
officially published the regulations for implementation of
the "Law to Prevent and Punish Trafficking in Persons."
10. (SBU) QUESTION C. What are the limitations on the
government's ability to address this problem in practice?
For example, is funding for police or other institutions
inadequate? Is overall corruption a problem? Does the
government lack the resources to aid victims?
POST RESPONSE: Political will to address the problem is
MEXICO 00000586 005 OF 016
high, evidenced by actions taken by the federal and state
governments since the last TIP report. In addition to the
passage of federal anti-TIP legislation in 2007, 22 of
Mexico's 31 states, as well as the Federal District, have
anti-trafficking laws in place, although implementation and
use of these laws varies considerably;
--Mexico's Attorney General's office (PGR) created a special
prosecutor for trafficking crimes, adding responsibility for
trafficking investigations to an existing unit charged with
addressing violent crimes against women (FEVIMTRA). This unit
is responsible for providing legal, psychological, medical
and social assistance to trafficking victims (children, women
and men) and their families, with centers located in D.F.,
Chiapas, and Chihuahua. They also have a TIP hotline.
--the National Migration Institute (INM) issued humanitarian
visas to trafficking victims; (Note: Post is seeking 2008
number)
--In 2008, Congress approved a $7 million USD budget to
construct a shelter specifically for trafficking victims.
FEVIMTRA is currently working to open this specialized
shelter. PGR reports that Mexico,s family welfare agency,
Desarollo Integral de la Familia (DIF),has a working shelter
for children that have been sexually exploited, but not
specifically trafficked. Additionally, the Attorney
General's office made available a confiscated narco-residence
in 2008 for use by a local NGO to exclusively shelter TIP
victims.
--INM and state law enforcement undertook various training
programs on trafficking.
Finally, media have expanded coverage and discussion of TIP
as both civil society and government work to raise awareness
of the problem.
Principal obstacles to full GOM engagement on TIP at all
levels remain a) incomplete attention by law enforcement
elements to investigating and prosecuting TIP-related
offenses, b) limited fact-gathering on the full scope of
problem in Mexico (as well as data on law enforcement actions
at the state and local levels to curb it) and c) inadequate
GOM resources devoted to victims assistance and protection.
In addition, TIP must compete with other law enforcement
priorities in Mexico. Over the past year, President Calderon
has committed his administration and an increasing amount of
human and financial resources toward the fight against drug
trafficking and violence associated with the drug trade.
Although TIP initiatives are given a priority, TIP enforcers
must also address the broader problem of spiraling violence
and criminality in Mexico. The GOM puts scarce TIP resources
to good use, however, and has welcomed USG assistance and
training.
Training needs to continue and expand in the areas of
awareness-raising (the distinction between trafficking and
smuggling remains unclear, particularly among local law
enforcement officials); the identification of and interaction
with victims; and the provision of services to trafficking
victims. Finally, a lack of police professionalism, culture
of impunity and official corruption (especially at the state
and local level) remain significant impediments to effective
TIP enforcement in Mexico.
11. (SBU) QUESTION D. To what extent does the government
systematically monitor its anti-trafficking efforts (on all
fronts -- prosecution, victim protection, and prevention) and
periodically make available, publicly or privately and
directly or through regional/international organizations, its
assessments of these anti-trafficking efforts?
POST RESPONSE: With the passage of the November 2007 federal
anti-trafficking legislation, the GOM was to begin more
systematically monitoring its anti-trafficking efforts.
There has not been any quantifiable progress in this area.
However, a collaborative group, including the Chamber of
Deputies- Justice Commission, CNDH and the Center for Studies
and Research in Social Development and Assistance (CEIDAS) is
working to establish specific criteria to determine what
states are developing more and better programs to prevent and
eradicate TIP in Mexico.
(U) INVESTIGATION AND PROSECUTION OF TRAFFICKERS:
MEXICO 00000586 006 OF 016
12. (SBU) QUESTION A. Existing Laws against TIP: Does the
country have a law or laws specifically prohibiting
trafficking in persons -- both for sexual exploitation and
labor? If so, please specifically cite the name of the
law(s) and its date of enactment and provide the exact
language (actual copies preferable) of the TIP provisions.
Please provide a full inventory of trafficking laws,
including non-criminal statutes that allow for civil
penalties against alleged trafficking crimes (e.g., civil
forfeiture laws and laws against illegal debt). Does the
law(s) cover both internal and transnational forms of
trafficking? If not, under what other laws can traffickers
be prosecuted? For example, are there laws against slavery
or the exploitation of prostitution by means of force, fraud,
or coercion? Are these other laws being used in trafficking
cases?
On November 27, 2007, Mexico passed a federal law titled:
"Law to Prevent and Punish Trafficking in Persons," which
amends, supplements, and replaces various provisions of the
Federal Law Against Organized Crime, the Federal Code of
Criminal Procedure, and the Federal Penal Code. The
regulations for this law were officially published on
February 27, 2009.
Article 1 of the reads: "The purpose of this law is to
prevent and punish trafficking in persons, and to protect,
care for, and assist the victims thereof, in order to ensure
that victims and potential victims, whether residing in
Mexico permanently or temporarily, and Mexicans abroad, can
develop freely as persons. This law shall apply throughout
the national territory under federal jurisdiction." The
federal law includes internal and external trafficking as
part of the law.
Article 5 of the law covers prohibitions related to sexual
and non-sexual purposes, as follows " The crime of human
trafficking includes the person that promotes, solicits,
offers, facilitates, obtains, transfers, renders or receives,
for himself or a third party, another person by means of
physical or moral violence, deception, or abuse of power to
submit this person to sexual exploitation, forced labor or
services, slavery or practices similar to slavery, servitude
or the removal of organs or its components.
While the legislation establishes TIP as a federal law
enforcement concern and provides federal investigators with
the tools to investigate and prosecute TIP-related offences,
executive orders to implement several key elements of this
legislation, including the creation of an inter-agency
committee to coordinate GOM anti-TIP efforts, have remained
pending on the publication of the regulations, recently
published on February 27, 2009. The inter-agency committee
has been meeting informally since January 2008. With these
newly published regulations there is hope to push forward and
further development anti-trafficking actions in Mexico.
13. (SBU) QUESTION B. Punishment of Sex Trafficking Offenses:
What are the prescribed and imposed penalties for trafficking
people for sexual exploitation?
POST RESPONSE: The prescribed penalties include: imprisonment
from 6-12 years and 500-1500 "fine days" (approximately
$2,434 USD-$78,885 USD) (days in which a prescribed
percentage of income must be paid); imprisonment of 9-18
years and 750-2250 "fine days" (approximately $3,651
USD-$10,954USD),if the offense is committed against a person
under the age of 18 or against a person who does not have the
capacity to understand the meaning of the act or the capacity
to resist. According to Article 6 of the law, "The penalty
will increase by half when, "The perpetrator avails himself
of a public office that he may hold or may have pretended to
hold without actually being a public servant. When the
perpetrator is a public servant, he shall be stripped of his
public position, office or commission and be prohibited from
performing any other for up to a period of time equal to the
term of imprisonment imposed; the same penalty shall apply
when the victim is a person over 60 years of age or is an
indigenous person."
Article 6 section (b) states: "When the criminal participant
in the offense is related to the victim by blood, affinity or
common law, or lives in the same residence as the victim,
even though there may be no kinship or is the guardian or
caretaker of the victim; such person may (depending on the
MEXICO 00000586 007 OF 016
circumstances) lose his parental authority, the maintenance
right to which he is entitled by virtue of his relationship
to the victim, and any right he may hold with respect to
victim's assets."
14. (SBU) QUESTION C. Punishment of Labor Trafficking
Offenses: What are the prescribed and imposed penalties for
trafficking for labor exploitation, such as forced or bonded
labor? If your country is a source country for labor
migrants, do the government's laws provide for criminal
punishment -- i.e. jail time -- for labor recruiters who
engage in recruitment of workers using knowingly fraudulent
or deceptive offers with the purpose of subjecting workers to
trafficking in the destination country? If your country is a
destination for labor migrants, are there laws punishing
employers or labor agents who confiscate workers' passports
or travel documents for the purpose of trafficking, switch
contracts without the worker's consent as a means to keep the
worker in a state of service, or withhold payment of salaries
as means of keeping the worker in a state of service?
POST RESPONSE: Art 5 of the new federal TIP law defines TIP
for labor exploitation as a federal offense. Penalties for
trafficking related to labor bondage are the same as those
imposed on other TIP offenders.
15. (SBU) QUESTION D. What are the prescribed penalties for
rape or forcible sexual assault? (NOTE: This is necessary to
evaluate a foreign government's compliance with TVPA Minimum
Standard 2, which reads: "For the knowing commission of any
act of sex trafficking . . . the government of the country
should prescribe punishment commensurate with that for grave
crimes, such as forcible sexual assault (rape)." END NOTE)
POST RESPONSE: Each of Mexico's 31 states and Mexico City
has their own penal codes and the penalties vary. In Mexico
City, the penalty for rape of a child less than twelve years
old is punishable by two to five years imprisonment; another
50 percent of the sentence is added if violence was used.
When the victim is between 12 and 18 years old, rape is
punishable by three months to four years in prison. The
penalty for rape of an adult woman is six months to four
years; if violence is used in the process, an additional 50
percent of the sentence may be added to it. Use of force in
a rape against a member of either sex is punishable by eight
to 14 years in prison.
According to federal law, child prostitution and any practice
that affects a child's psychological development is a felony
under Mexican law. The Federal Penal Code and the Penal
Proceedings Code cover crimes involving children or
adolescents in pornography, prostitution of minors, and
corruption of minors or mentally disabled persons. Specific
penalties for perpetrators vary depending on the seriousness
of the crime.
16. (SBU) QUESTION E. Law Enforcement Statistics: Did the
government prosecute any cases against human trafficking
offenders during the reporting period? If so, provide
numbers of investigations, prosecutions, convictions, and
sentences imposed, including details on plea bargains and
fines, if relevant and available. Please note the number of
convicted traffickers who received suspended sentences and
the number who received only a fine as punishment. Please
indicate which laws were used to investigate, prosecute,
convict, and sentence traffickers. Also, if possible, please
disaggregate numbers of cases by type of TIP (labor vs.
commercial sexual exploitation) and victims (children under
18 years of age vs. adults). If in a labor source country,
did the government criminally prosecute labor recruiters who
recruit workers using knowingly fraudulent or deceptive
offers or by imposing fees or commissions for the purpose of
subjecting the worker to debt bondage? Did the government in
a labor destination country criminally prosecute employers or
labor agents who confiscate workers' passports/travel
documents for the purpose of trafficking, switch contracts or
terms of employment without the worker's consent to keep
workers in a state of service, use physical or sexual abuse
or the threat of such abuse to keep workers in a state of
service, or withhold payment of salaries as a means to keep
workers in a state of service? What were the actual
punishments imposed on persons convicted of these offenses?
Are the traffickers serving the time sentenced? If not, why
not?
MEXICO 00000586 008 OF 016
POST RESPONSE: FEVIMTRA, within Mexico's Attorney General's
office, reports that from January 31, 2008 to January 23,
2009, 11 investigations into suspected cases of trafficking
for labor exploitation were initiated, and that 13
investigations were opened into suspected cases of
trafficking for sexual exploitation. In October 2008,
FEVIMTRA in the office of Mexico's Attorney General, made the
first formal charges under the new federal anti-trafficking
law in a case of trafficking for forced labor in the state of
Chiapas. USG law enforcement reports that the GOM has
participated in several investigations in coordination during
the reporting period.
(Note: Post continues to seek information from FEVIMTRA on
federal investigations and prosecutions, and will continue to
update G/TIP on additional cases.)
17. (SBU) QUESTION F. Does the government provide any
specialized training for government officials in how to
recognize, investigate, and prosecute instances of
trafficking? Specify whether NGOs, international
organizations, and/or the USG provide specialized training
for host government officials.
POST RESPONSE: National Migration Institute (INM) is in the
process of developing (with the support from civil society
organizations and inter-governmental agencies with experience
on trafficking in persons) specific procedures and accurate
guides to identify and provide attention to victims in four
areas: minors detected by INM; minors in custody from other
authorities; adults who present themselves voluntarily;
adults detected by migration officials.
Coordination of Control and Migration Verification at INM has
developed an annual program of supervision for all the
regional delegations for the purpose of verifying businesses
who hire foreigners in order to better identify at risk
populations. These procedures are still being developed.
Training:
PENDING INFORMATION FROM PROTEJA-USAID AND ICE
18. (SBU) QUESTION G. Does the government cooperate with
other governments in the investigation and prosecution of
trafficking cases? If possible, provide the number of
cooperative international investigations on trafficking
during the reporting period.
POST RESPONSE: The GOM cooperates with other governments in
the investigation and prosecution of trafficking cases.
Mexican law enforcement officials continue to work closely
with DHS-ICE on several trafficking investigations in Mexico
and the U.S., including cross border trafficking cases.
Mexico's collaboration with Central American governments in
migration and border security is increasing under the current
government and will have a positive impact on the region's
ability to coordinate on TIP-related issues. Post continues
to work with GOM law enforcement elements to obtain
information on transnational trafficking investigation with
third countries.
19. (SBU) QUESTION H. Does the government extradite persons
who are charged with trafficking in other countries? If so,
please provide the number of traffickers extradited during
the reporting period, and the number of trafficking
extraditions pending. In particular, please report on any
pending or concluded extraditions of
trafficking offenders to the United States.
POST RESPONSE: As reported in the 2007 TIP Report, in
January 2007, Mexican national Carreto Valencia received a
sentence of 25 years and six months in Mexico on
trafficking-related charges; the GOM subsequently extradited
her to the United States (January 19 2007) to face charges of
trafficking, among other crimes. Mexico became the first
country to extradite a defendant in a trafficking case when
they extradited Consuelo Carreto Valencia. There were no
trafficking related extraditions to the U.S. during the
reporting period. However, the GOM has six pending
provisional arrest warrants against individuals in Mexico in
connection with trafficking related offenses.
20. (SBU) QUESTION I. Is there evidence of government
involvement in or tolerance of trafficking, on a local or
MEXICO 00000586 009 OF 016
institutional level? If so, please explain in detail.
POST RESPONSE: There have been allegations that some law
enforcement and migration officials- especially at the local
level have been involved in trafficking to the extent they
have been known to accept bribes to facilitate or ignore
alien smuggling or to allow brothels and child prostitution
to exist unmolested.
21. (SBU) QUESTION J. If government officials are involved in
trafficking, what steps has the government taken to end such
participation? Please indicate the number of government
officials investigated and prosecuted for involvement in
trafficking or trafficking-related corruption during the
reporting period. Have any been convicted? What sentence(s)
was imposed? Please specify if officials received suspended
sentences, or were given a fine, fired, or reassigned to
another position within the government as punishment. Please
indicate the number of convicted officials that received
suspended sentences or received only a fine as punishment.
POST RESPONSE: If government officials are involved in
trafficking, the GOM added penalties in the new federal law
to address officials involved in trafficking. Article 6 (a)
states: "The penalties set forth in paragraphs 1 and 2 of
this Article shall be increased by up to one-half when: (a)
The perpetrator avails himself of a public office that he may
hold or may have pretended to hold without actually being a
public servant. When the perpetrator is a public servant, he
shall be stripped of his public position, office, or
commission and be prohibited from performing any other for up
to a period of time equal to the term of imprisonment
imposed; the same penalty shall apply when the victim is a
person over 60 years of age or is an indigenous person."
Two INM officials, Oscar Manuel Navarete Orozco and Maria
America Maldonado Alfaro, arrested in 2007 remain in custody
accused by PGR of leading an organized criminal group that
trafficked persons, including undocumented workers.
22. (SBU) QUESTION K. Is prostitution legalized or
decriminalized? Specifically, are the activities of the
prostitute criminalized? Are the activities of the brothel
owner/operator, clients, pimps, and enforcers criminalized?
Are these laws enforced? If prostitution is legal and
regulated, what is the legal minimum age for this activity?
Note that in countries with federalist systems, prostitution
laws may be under state or local jurisdiction and may differ
among jurisdictions.
POST RESPONSE: Prostitution is legal for adults 18 years of
age and older in Mexico. The existing laws that do not
pertain to prostitution focus on threats to public health,
moral corruption and pimping. The Mexican criminal code
contains penalties for corruption of minors; for induced or
forced prostitution and maintaining brothels; for employment
of minors in bars and other centers; and for the procurement,
inducement or concealment of prostitution. Prostitution
which is carried out openly in a manner that undermines
public morality is subject to a penalty of six months to five
years in prison. Although pimping is a crime in Mexico, both
pimping and prostitution are practiced widely and generally
without arrest or prosecution.
23. (SBU) QUESTION L. For countries that contribute troops to
international peacekeeping efforts, please indicate whether
the government vigorously investigated, prosecuted, convicted
and sentenced nationals of the country deployed abroad as
part of a peacekeeping or other similar mission who engaged
in or facilitated severe forms of trafficking or who
exploited victims of such trafficking.
POST RESPONSE: Not Applicable
24. (SBU) QUESTION M. If the country has an identified
problem of child sex tourists coming to the country, what are
the countries of origin for sex tourists? How many foreign
pedophiles did the government prosecute or deport/extradite
to their country of origin? If your host country's nationals
are perpetrators of child sex tourism, do the country's child
sexual abuse laws have extraterritorial coverage (similar to
the U.S. PROTECT Act) to allow the prosecution of suspected
sex tourists for crimes committed abroad? If so, how many of
the country's nationals were prosecuted and/or convicted
during the reporting period under the extraterritorial
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provision(s) for traveling to other countries to engage in
child sex tourism?
POST RESPONSE: Mexico is a country with an identified child
sex tourism problem. Mexico is a destination for sexual
tourists and pedophiles, particularly from the United States.
There are no specific laws against sex tourism, although
federal law criminalizes corruption of minors, which is
punishable by five to 10 years' imprisonment. Mexico's
Attorney General's office reports that in 2008 10 individuals
were prosecuted, deported or extradited to third countries
for their participation in sex-tourism related activities
which involved the corruption of minors. (Post continues to
work with FEVIMTRA to obtain specifics about these cases.)
AMCIT Thomas White remains in custody in the state of Jalisco
pending federal charges of child corruption, as well as
completion of a U.S. extradition request.
The names and details of these cases, and of the individuals
subject to ongoing investigations, are not/not available for
public disclosure.
PROTECTION AND ASSISTANCE TO VICTIMS:
25. (SBU) QUESTION A. What kind of protection is the
government able under existing law to provide for victims and
witnesses? Does it provide these protections in practice?
POST RESPONSE: Mexico's Attorney General's office has
guidelines and procedures in place to afford protection to
potential witnesses in all criminal cases, including
trafficking cases. These measures include provision of
personal security, police observation, identity concealment
and other legal measures. Procedures are somewhat cumbersome
for TIP victims and potential witnesses, however,
particularly for third country nationals. Potential
witnesses seeking protection must present themselves
personally to the office's organized crime division to
testify. Mexico City and many Mexican states have similar
measures in place. In August 2008, the Attorney General's
office publicly urged Mexico's Congress to enact specific
legislation to protect witnesses in trafficking cases.
26. (SBU) QUESTION B. Does the country have victim care
facilities (shelters or drop-in centers) which are accessible
to trafficking victims? Do foreign victims have the same
access to care as domestic trafficking victims? Where are
child victims placed (e.g., in shelters, foster care, or
juvenile justice detention centers)? Does the country have
specialized care for adults in addition to children? Does
the country have specialized care for male victims as well as
female? Does the country have specialized facilities
dedicated to helping victims of trafficking? Are these
facilities operated by the government or by NGOs? What is
the funding source of these facilities? Please estimate the
amount the government spent (in U.S. dollar equivalent) on
these specialized facilities dedicated to helping trafficking
victims during the reporting period.
POST RESPONSE: Both the Mexican federal government and some
states have crime victim assistance programs. The programs
cover legal assistance and medical services and psychological
counseling. The DIF, for example, provides temporary shelter
and medical services to unaccompanied minors, with programs
on the northern border. These shelters may serve victims of
trafficking, but do not provide tailored services to
trafficking victims and has not established a referral
system. The DIF tries to locate parents or family members in
order to repatriate the children. The quality of the
programs varies.
In 2007, the INM authorized the issuance of nine humanitarian
visas, granted to victims who are willing to assist in
prosecution cases. (Post is getting update.) The visas are
issued with a validity of one year and are renewable. The INM
has a detention center in Tapachula, Chiapas and in 45 other
places throughout the country in order to process migrants.
This facility provides separate accommodations for men,
women, children and families. Several trafficking victims
have been identified in the facility and passed to NGOs or
DIF-run shelters. (Post has asked for the amount of
government funds spent on these programs.)
27. (SBU) QUESTION C. Does the government provide
trafficking victims with access to legal, medical and
MEXICO 00000586 011 OF 016
psychological services? If so, please specify the kind of
assistance provided. Does the government provide funding or
other forms of support to foreign or domestic NGOs and/or
international organizations for providing these services to
trafficking victims? Please explain and provide any funding
amounts in U.S. dollar equivalent. If assistance provided
was in-kind, please specify exact assistance. Please specify
if funding for assistance comes from a federal budget or from
regional or local governments.
The DIF temporary shelters also provide limited medical
services to unaccompanied minors, with programs on the
northern border.
The federal and state governments provide funding and other
forms of support to domestic NGOs for services to victims;
however, the level of funding and support remains very
limited.
28. (SBU) QUESTION D. Does the government assist foreign
trafficking victims, for example, by providing temporary to
permanent residency status, or other relief from deportation?
If so, please explain.
POST RESPONSE: The GOM does provide assistance to foreign
trafficking victims. Law enforcement and migration officials
do encourage victims to cooperate with investigations;
however, victims rarely identify themselves as victims of
trafficking and often times migrants who are exploited
through their employers are afraid to tell authorities for
fear deportation.
From 2005 to 2008, the INM has identified 22 victims of
trafficking from Guatemala, Nicaragua, Argentina, Slovakia
and Ecuador. Of the 22, (81%) of the 22 were victims of
sexual exploitation and (19%) victims of labor exploitation.
Five of these were foreigners and were authorized
humanitarian visas in order for them to provide information
to prosecute traffickers and regularize their status within
Mexico. The remaining voluntarily returned to their
countries with the support from various consulates and
international organizations. Since the beginning of 2008, INM
has identified one trafficking victim from Ecuador. (Post
is seeking update from INM, IOM.)
29. (SBU) QUESTION E. Does the government provide longer-term
shelter or housing benefits to victims or other resources to
aid the victims in rebuilding their lives? (Post is seeking
info from INM.)
30. (SBU) QUESTION F. Does the government have a referral
process to transfer victims detained, arrested or placed in
protective custody by law enforcement authorities to
institutions that provide short- or long-term care (either
government or NGO-run)? (Post is seeking info from NGOs.)
31. (SBU) QUESTION G. What is the total number of trafficking
victims identified during the reporting period? Of these,
how many victims were referred to care facilities for
assistance by law enforcement authorities during the
reporting period? By social services officials? What is the
number of victims assisted by government-funded assistance
programs and those not funded by the government during the
reporting period? (Post is seeking info with INM, IOM.)
From January 2008 to January 2009, IOM reported that 51
trafficking victim cases (39 women and 12 men) were
identified and assisted through their organization. The
majority of these cases were referred to them by INM.
32. (SBU) QUESTION H. Do the government's law enforcement,
immigration, and social services personnel have a formal
system of proactively identifying victims of trafficking
among high-risk persons with whom they come in contact (e.g.,
foreign persons arrested for prostitution or immigration
violations)? For countries with legalized prostitution, does
the government have a mechanism for screening for trafficking
victims among persons involved in the legal/regulated
commercial sex trade?
POST RESPONSE: Mexico's family welfare agency, Desarollo
Integral de la Familia (DIF) continues to operate shelters
for unaccompanied migrant children who are intercepted at the
northern border. Third Country Nationals (TCNs) intercepted
at the border are generally placed in a migration detention
MEXICO 00000586 012 OF 016
station until they can be repatriated. NGOs such as Casa
Alianza offer shelter to street children, mainly adolescents,
who are often victims of sexual exploitation; and Casa de las
Mercedes offers shelter and training to former prostitutes
and their children. The INM has also referred several
trafficking victims to NGOs or state-run shelters for
assistance.
INM refers trafficking victims to IOM. During the reporting
period, IOM reported rescued and provided assistance to 38
trafficking victims.
33. (SBU) QUESTION I. Are the rights of victims respected?
Are trafficking victims detained or jailed? If so, for how
long? Are victims fined? Are victims prosecuted for
violations of other laws, such as those governing immigration
or prostitution?
POST RESPONSE: Migrants from Central American and other
countries who travel to Mexico illegally and violate Mexican
immigration laws are usually deported within 90 days. Once
migration officials identify an illegal migrant, INM takes
them to their detention center where they conduct interviews
to see if any crime has been committed during their travel
to/through Mexico. If the migrant is identified as a victim
of trafficking, INM officials say they then turn them over to
DIF, if they are under the age of 12 or to the appropriate
Embassy or Consulate or to shelters that can support victims
of trafficking (i.e. Casa del Migrante or IOM).
Grupos Beta, units of INM that operates on the northern and
southern borders, is mandated to deliver aid and protection
to migrants or nationals of Mexico. In 2008, Grupos Beta
reported 3178 migrant rescues along the Mexico's southern
and northern borders.
34. (SBU) QUESTION J. Does the government encourage victims
to assist in the investigation and prosecution of
trafficking? How many victims assisted in the investigation
and prosecution of traffickers during the reporting period?
May victims file civil suits or seek legal action against
traffickers? Does anyone impede victim access to such legal
redress? If a victim is a material witness in a court case
against a former employer, is the victim permitted to obtain
other employment or to leave the country pending trial
proceedings? Are there means by which a victim may obtain
restitution?
POST RESPONSE: Law enforcement and migration officials
encourage victims to cooperate with investigations; however,
victims rarely identify themselves as victims of trafficking
and often times migrants who are exploited through their
employers are afraid to tell authorities for fear
deportation. Before the passage of the new federal law,
trafficking in persons was designated as a specific federal
crime, however, and suspects were charged with other crimes
other than trafficking. As stated above, Mexico's Attorney
General's office has initiated 24 investigations under the
new law, and leveled formal charges under the new law in one
instance. (Note: Post is working to obtain information on
this case from FEVIMTRA.)
35. (SBU) QUESTION K. Does the government provide any
specialized training for government officials in identifying
trafficking victims and in the provision of assistance to
trafficked victims, including the special needs of trafficked
children? Does the government provide training on
protections and assistance to its embassies and consulates in
foreign countries that are destination or transit countries?
What is the number of trafficking victims assisted by the
host country's embassies or consulates abroad during the
reporting period? Please explain the type of assistance
provided (travel documents, referrals to assistance, payment
for transportation home).
POST RESPONSE: The GOM continues to work with DOJ, USAID and
ICE on training government officials in identifying
trafficking victims. CNDH expects to receive training from
USG in identifying trafficking victims with the intent to
assist in training government officials on identifying
victims and potential victims. SRE official say that they
are implementing programs to assist Mexican trafficking
victims in the U.S. and that one of their consulates in
California has established the resources to assist a TIP
victim. GOM has plans to work with their Embassies in
MEXICO 00000586 013 OF 016
Central America to develop programs to assist with prevention
of trafficking in Central America. This program has not been
established.
36. (SBU) QUESTION L. Does the government provide assistance,
such as medical aid, shelter, or financial help, to its
nationals who are repatriated as victims of trafficking?
POST RESPONSE: Through the DIF, the government continues to
administer assistance programs and provide shelters for
migrants through DIF on the northern border. NGOs also
continue to provide assistance to victims of trafficking and
street children and migrants:
Alternativas Pacificas, based in Monterrey continues to
provide support for victims of trafficking. Alternativas
Pacificas is a holistic shelter model for domestic violence
victims and created a national network of shelters. Within
the past few years, the shelters have provided services to
victims of trafficking.
Casa Alianza Mexico runs a network of shelters dedicated to
street children. Most of the children are victims of
domestic violence as well as trafficking. Casa Alianza
provides comprehensive service such as food, education,
health care, religion, legal counseling, and psychological
assistance. Casa Alianza works with DIF and also receives
the cooperation of INM when assistance is needed to
repatriate undocumented migrants.
Bilateral Safety Corridor Coalition (BSCC) works on the US
and Mexican sides of the border, with offices in San Diego
and Cancun. BSCC has launched awareness campaigns, developed
a coalition of civil society organizations to combat
trafficking, and trained Mexican law enforcement and other
officials. BSCC works closely with state-level DIF offices,
the State Commission for Human Rights and federal law
enforcement.
Casa de las Mercedes provides assistance and support to women
of all ages who live on the streets and are victims of
mistreatment, sexual abuse, and sexual exploitation. The NGO
runs a shelter in which these women and their children can
live (as long as necessary) and receive medical and
psychological attention, food, legal counseling and education.
The Casa del Migrante runs shelters in Tapachula, Ciudad
Juarez and Tijuana where they primarily attend to migrants
but also encounter TIP victims. In its Tapachula shelter,
the organization recently added a separate area dedicated for
trafficking victims. Casa del Migrante has a good
relationship with INM.
Centro de Estudios e Investigacion en Desarollo y Asistencia
Social (CEIDAS) is promoting awareness of trafficking through
the media, academic conferences, studies and other outreach
strategies.
The Coalition Against Trafficking in Women (CATW) actively
works to raise awareness about TIP, such as on programs
designed to prevent the sexual exploitation of minors,
particularly by trying to lower the demand. CATW has trained
law enforcement officials on trafficking. CATW reports
having received funding from INMUJERES and Mexico City
Government.
Centro Integral de Atencion a la Mujer (CIAM),located in
Cancun, provides short and long term services to women
victims of domestic and sexual violence-including crisis
prevention, legal assistance, medical and psychological and
vocational counseling, and also protection. CIAM provides
services to trafficking victims, conducts anti-TIP public
awareness campaigns and works with the hotel industry and the
local government in efforts to combat trafficking.
Fundacion Infantia works with the tourism industry on
prevention of child sexual exploitation. Fundacion Infantia
works with the BSCC and the International Labor Organization
(ILO) in providing training to government entities and
schools and has worked with local DIF offices.
International Organization for Migration works extensively
with the GOM, mostly with the INM to provide training to
immigration officials on both the northern and southern
borders. The IOM works closely with Casa del Migrante in
MEXICO 00000586 014 OF 016
Tapachula, Chiapas, as well as Casa de las Mercedes in Mexico
City, among many other NGOs and shelters. The INM regularly
contacts the IOM for assistance with suspected trafficking
victims. Note: The names of NGOs working with the INM with
victim protection and assistance are not/not for public
disclosure. INM reportedly assisted 38 victims of
trafficking during the reporting period. End note.
The Fundacion Camino a Casa, a faith-based organization,
operates a shelter exclusively for TIP victims in a
confiscated narco-residence made available to them by the
Attorney General's office in 2008. They work closely with
PROTEJA and provide educational and vocational to trafficking
victims, mostly young women.
Additionally, the Attorney General's office made available a
confiscated narco-residence in 2008 for use by a local NGO to
exclusively shelter TIP victims.
INMUJERES is also involved in anti-TIP efforts, mostly
through funding programs and it its programs to counter
violence against women and educate women on their rights.
Sin Fronteras has a good working relationship with the GOM,
particularly with the INM and the SRE's Secretariat for
Global Affairs. Sin Fronteras provides legal and social
services for migrants in Mexico, and it has been called upon
to assist the INM with providing assistance to trafficking
victims. NOTE: the names of NGOs working with the INM with
victim protection and assistance are not/not for public
disclosure. End note.
37. (SBU) QUESTION M. Which international organizations or
NGOs, if any, work with trafficking victims? What type of
services do they provide? What sort of cooperation do they
receive from local authorities?
POST RESPONSE: Several NGOs and international organizations
work with trafficking victims. (These are listed in 36.L.)
PREVENTION:
38. (SBU) QUESTION A. Did the government conduct
anti-trafficking information or education campaigns during
the reporting period? If so, briefly describe the
campaign(s),including their objectives and effectiveness.
Please provide the number of people reached by such awareness
efforts, if available. Do these campaigns target potential
trafficking victims and/or the demand for trafficking (e.g.
"clients" of prostitutes or beneficiaries of forced labor)?
POST RESPONSE: As documented in last year's TIP report, the
GOM's anti-trafficking information and education campaigns
have focused on a National Program to Eradicate the
Commercial Sexual Exploitation of Minors. The program is
administered by the DIF and is supported by numerous
executive and legislative branch entities (STPS and the PGR),
as well as civil society groups. An NGO addressing
prevention of trafficking in persons in Mexico says the
states of Colima and Sinaloa has the best state level
campaigns to combat trafficking in persons through DIF at the
state level.
39. (SBU) QUESTION B. Does the government monitor immigration
and emigration patterns for evidence of trafficking? Do law
enforcement agencies screen for potential trafficking victims
along borders?
POST RESPONSE: The GOM, Migration officials, Grupos Beta,
PGR all recognize the large influx of trafficked person and
other illegal migrants entering through the southern border
with the intention of transiting Mexico en route to the U.S.,
but scare resources continue to prevent them from training
personnel to effectively screen for potential trafficking
victims. INM report that they deported approximately 38,000
aliens in 2008- the vast majority of whom were from Central
America; Human rights organizations and International
organizations say that there was an increase of children
crossing the southern border alone often times falling prey
to traffickers.
In 2007, INM authorized the issuance of nine humanitarian
visas (updating),which are valid for one year, renewable,
and granted to victims who agree to cooperate in the
prosecution of case. In operations to secure its borders,
MEXICO 00000586 015 OF 016
INM nonetheless misses significant opportunities to identify
victims. The lack of standardized training on victim
identification and a paucity of public resources to screen
Central Americans traveling through Mexico prevent officials
from accurately screening and interviewing individuals to see
if they are victims of trafficking.
INM has 46 detention centers throughout Mexico and CNDH
reportedly has an office in each center. INM officials say
that when they find migrants who are within Mexico illegally,
they send them to the detention centers where they are asked
several questions to determine if the person is a victim of
trafficking. If not, INM contacts the appropriate Embassies
and Consulates in order to provide services to the illegal
migrants. Within 90 days the migrants are usually deported
back to their home countries.
INM expects to develop identification cards to issue to
Central Americans seeking work in Mexico. The identification
card is expected to contain personal information on the
individual, including information on the employer in order to
track employers. This will also enable migration officials
to conduct periodic checks on employers to ensure that they
are abiding by proper labor standards.
There was a document published called "Labor Diversification
of Guatemalan Workers in Chiapas" this document does not
provide evidence on specific cases in Chiapas but tries to
approach the migration issue on the border region. This
study was written in 2005 and published in 2007.
40. (SBU) QUESTION C. Is there a mechanism for coordination
and communication between various agencies, internal,
international, and multilateral on trafficking-related
matters, such as a multi-agency working group or a task force?
POST RESPONSE: As noted above, Mexico's new federal law
establishes an interagency commission to coordinate all GOM
actions against trafficking in persons. To date, President
Calderon has not appointed a chair of the commission. This
commission, which has met informally since January 2008, will
be the formal mechanism to coordinate and communicate between
various agencies.
41. (SBU) QUESTION D. Does the government have a national
plan of action to address trafficking in persons? If the
plan was developed during the reporting period, which
agencies were involved in developing it? Were NGOs consulted
in the process? What steps has the government taken to
implement the action plan?
POST RESPONSE: Under the new federal law, the GOM is
required to create such a plan. Article 12 of the new
federal law states: "The Inter-Agency Commission shall
develop the National Program to Prevent and Punish
Trafficking in Persons." Section 2 states: "Establish
prevention, protection and care campaigns for trafficking in
persons based on the principle of safeguarding human dignity
and human rights with special attention to children,
adolescents and women." Once formally established, the
inter-agency trafficking commission will be required to frame
a national plan.
42. (SBU) QUESTION E: What measures has the government taken
during the reporting period to reduce the demand for
commercial sex acts?
See Question 8.A. and 38.A.
F. Required of all Posts: What measures has the government
taken during the reporting period to reduce the participation
in international child sex tourism by nationals of the
country?
43. (SBU) QUESTION POST RESPONSE: Mexicans traditionally have
not traveled to other countries deemed to be centers of
sex-tourism. Within Mexico, reports the Attorney General's
office, measures to contain sex-tourism by local nationals
include enforcement of Mexico's strict corruption of minors
laws, public awareness campaigns in key tourist zones, and
campaigns to help tourism related businesses and their
employees better identify the hallmarks of sex tourism and
the sexual exploitation of minors.
Visit Mexico City's Classified Web Site at
MEXICO 00000586 016 OF 016
http://www.state.sgov.gov/p/wha/mexicocity and the North American
Partnership Blog at http://www.intelink.gov/communities/state/nap /
BASSETT
SENSITIVE
SIPDIS
G/TIP, G:ACBLANK, INL, DRL, PRM AND WHA/PPC
E.O. 12958: N/A
TAGS: ASEC ELAB KCRM KFRD KWMN PHUM PREF SMIG KTIP
SUBJECT: NINTH ANNUAL TRAFFICKING IN PERSONS (TIP) REPORT -
MEXICO
1. The mission's point of contact on the Trafficking in
Persons (TIP) Report is Poloff Suzanne Archuleta. She may be
reached by telephone at (52) (55) 5080-2000, ext. 4806, or by
fax at (52) (55) 5080-2247 or ArchuletaMS@state.gov. Post
requests that the names of the non-governmental organizations
(NGOs) working with the Government of Mexico (GOM) providing
victim protection and assistance not be disclosed in this
report. Post also requests that the names and details
connected to ongoing investigations not be made public.
2. Mexico is a country of origin, transit, and destination
for persons trafficked for sexual and labor exploitation.
While there are no reliable figures as to the extent of the
trafficking problem, Mexico,s geographic location along
primary transportation routes for illegal migration into the
U.S. as well as the country,s high level of organized
criminal gang activity leaves little doubt that the
transnational and domestic trafficking numbers are
substantial.
MEXICO'S TIP SITUATION:
3. (SBU) QUESTION A. What is (are) the source(s) of available
information on trafficking in persons? What plans are in
place (if any) to undertake further documentation of human
trafficking? How reliable are these sources?
POST RESPONSE: There are no reliable statistics regarding
the extent of the trafficking problem. There are pending
plans to better document the TIP problem under the terms of
the 2007 Law to Prevent and Sanction Trafficking in Persons.
The law mandates creation of an inter-agency commission
(Article 10),responsible for coordinating all GOM actions to
counter TIP, including analysis of the scope of the problem
in Mexico. On February 27, 2009 regulations for
implementation of the TIP were published laying the
foundation for the creation of the proscribed interagency
commission. The already existing Public Security National
System is charged with gathering information to establish a
statistical database on how often TIP crimes are committed.
Guidelines will be established in the National Program to
Prevent and Sanction Trafficking in Person (creation of which
is required by the 2007 law).
In December 2008, the Chamber of Deputies, the National Human
Rights Commission (CNDH) and the Center for Studies and
Research in Social Development and Assistance (CEIDAS) began
collaborating to create Mexico's first national report on
trafficking in persons. This collaborative group intends to
develop an analysis of the problem's scope in each Mexican
state, and outline existing policies and programs to combat
TIP. The report will also recommend preventive actions. No
date is established for the completion of this report.
The International Organization for Migration (IOM) reported
that of the 51 trafficking victims it had assisted from
January 2008 to January 2009, (the majority came from Central
America (Guatemala, Honduras, Nicaragua, Costa Rica) and less
than 5 from South America (mainly from Colombia and Ecuador),
and of the 51, 39 were women. (Note: Post is seeking
further updates from IOM and INM.)
Some statistics are available on specific trafficking victims
and generally vulnerable populations. The INM reported that
approximately 55,000 migrants, the vast majority from Central
America, were detained and repatriated in 2008. However,
many NGO's believe this number to significantly
under-represent migration through Mexico.
Other information on trafficking patterns that are available
come from NGOs or academics. However, though, most of these
reports tend to contain more anecdotal evidence than concrete
statistics.
4. (SBU) QUESTION B. Is the country a country of origin,
transit, and/or destination for internationally trafficked
men, women, or children? Does trafficking occur within the
country's borders? If so, does internal trafficking occur in
territory outside of the government's control (e.g. in a
civil war situation)? To where are people trafficked? For
what purposes are they trafficked? Provide, where possible,
numbers or estimates for each group of trafficking victims.
Have there been any changes in the TIP situation since the
last TIP Report (e.g. changes in destinations)?
POST RESPONSE: Mexico is a country of origin, transit, and
MEXICO 00000586 002 OF 016
destination for trafficked men, women, and children for
purposes of sexual and labor exploitation. Of those
transited through or destined for Mexico, the vast majority
of trafficking victims come from Central America, with a
lesser number of victims originating from the Caribbean,
Eastern Europe, and Asia. Those in transit are largely
trafficked to the United States. Most victims originating
from Mexico also are trafficked to the U.S., with smaller
numbers to Europe, Asia and Canada. Mexico has a significant
problem with internal trafficking, although it is much less
visible that international trafficking. Often Mexican women
and girls are trafficked to the northern border or to cities
where sex tourism is prevalent, such as Cancun and Acapulco.
According to local NGOs, the following forms of trafficking
can be associated with geographic regions of Mexico: labor
exploitation is predominant in Chiapas, Chihuahua, Oaxaca and
Veracruz; trafficking linked to cultural traditions (parents
sell, rent or barter children for money or business) is
prevalent in the indigenous communities in Oaxaca, Chiapas
and Guerrero; and sexual exploitation of children and women
is prevalent in Acapulco, Cancun, Puerto Vallarta,
Zihuatenejo, Baja California and Mexico City.
Generally people are trafficked to the big cities or border
towns, however there have been some cases of persons taken
from big cities, such as Mexico City, to other states, such
as Puebla or Tlaxcala, where forced labor and sexual
exploitation of migrants also occurs.
5. (SBU) QUESTION C. What kind of conditions are the victims
trafficked into?
POST RESPONSE: Conditions faced by victims of domestic
trafficking are generally poor by U.S. employment standards.
Victims tend to work long work hours with minimal breaks or
time off. Nutritional and sanitary standards are poor.
Victims who are trafficked internationally face the same
conditions, plus the additional discomforts and dangers of
crossing international borders illegally.
6. (SBU) QUESTION D. Vulnerability to TIP: Are certain groups
of persons more at risk of being trafficked (e.g. women and
children, boys versus girls, certain ethnic groups, refugees,
IDPs, etc.)?
POST RESPONSE: Because of the lack of concrete statistics on
trafficking, the increase in the number of victims or the
kinds of trafficking victims is difficult to ascertain.
However, the consensus among migration and trafficking
experts in government and civil society is that the
populations most vulnerable to trafficking tend to be women
and children (both boys and girls),undocumented migrants
(most often from Central America),as well as indigenous
groups. It is frequently held in Mexico that the pattern of
illegal migration from Mexico and Central American into the
U.S. puts a larger number of vulnerable persons at risk for
coming into contact with traffickers.
7. (SBU) QUESTION E. Traffickers and Their Methods: Who are
the traffickers/exploiters? Are they independent business
people? Small or family-based crime groups? Large
international organized crime syndicates? What methods are
used to approach victims? For example, are they offered
lucrative jobs, sold by their families, or approached by
friends of friends? What methods are used to move the
victims (e.g., are false documents being used?). Are
employment, travel, and tourism agencies or marriage brokers
involved with or fronting for traffickers or crime groups to
traffic individuals?
POST RESPONSE: Migrants from Mexico and Central America
(especially women and children) are frequently smuggled into
the U.S. with the promise of a lucrative job only to find
themselves forced into prostitution or debt-bondage working
conditions. Some traffickers falsely offer victims help in
reuniting them with their family in the U.S. Other common
methods used to approach/target victims include placing ads
in newspapers that invite girls to participate in
international exchanges or to start lucrative modeling
careers. While credible statistics that describe the
frequency of the practice are unavailable, it is clear from
anecdotal evidence that such recruits are sometimes forced
into labor bondage or prostitution. Minors traveling alone
MEXICO 00000586 003 OF 016
from Central America through Mexico to the U.S. to meet with
family members who left for the U.S. for better economic
conditions often fall prey to traffickers while traveling
north without an adult.
Indigenous families have on occasion resorted to selling,
renting or bartering their children to traffickers for money.
Anecdotal evidence suggests that such children have
sometimes become victims of sex trafficking in tourist areas
such as Cancun, Acapulco or Puerto Vallarta.
Within Mexico, women and children from Mexico's poorest
regions of Mexico move to the urban, tourist, and the
northern border areas seeking economic opportunity, but they
often end up working in the commercial sex industry or
domestic work, for farm work (or all) due to trickery,
threats, or physical violence by traffickers.
The widespread use of professional alien smugglers contracted
to help illegal migrants transit Mexico and cross into the
U.S., increases the risk of falling prey to trafficking
networks. Traffickers often employ alien smugglers to both
target and transport victims. Alien smugglers use a wide
variety of techniques to get people across the border,
including false documents, hidden compartments, and dangerous
desert crossings. Among legitimate transportation services,
taxi drivers serve as guides and facilitators for sex
tourists, common in border towns like Tijuana.
Many organized criminal organizations from Mexico and other
countries use Mexico as a staging and training area for women
and young girls destined for brothels and table dance bars in
the U.S. There is reported involvement of criminal gangs
from Mexico, Central America, Europe, Japan, China and
several other countries. Trafficking is also operated by
small family networks.
For labor exploitation, traffickers often acquire legal work
documents to transport victims to factories or
farms/plantations, where employers then confiscate documents
and impose extreme working conditions. Regional migrants
within Mexico (such as farm workers from southern Mexico
seeking work in northern states and migrants from Central
America seeking work from farms in southern Mexico) are also
victims of such exploitation.
Another method used by traffickers to lure in and control
victims is to establish personal romantic relationships and
the eventual promise of marriage to isolate them from their
families and render them vulnerable to various forms of
trafficking.
SETTING THE SCENE FOR THE GOVERNMENT'S ANTI-TIP EFFORTS:
8. (SBU) QUESTION A. Does the government acknowledge that
trafficking is a problem in the country? If not, why not?
POST RESPONSE: The GOM recognizes it has a sex and labor
trafficking problem, which are both transnational and
domestic problems. Elements of the Mexican government, civil
society and public are attaching growing importance to the
issue of trafficking in persons. GOM officials, the
semi-autonomous (government-funded) National Human Rights
Commission (CNDH) and non-governmental human rights groups
continued to speak out against trafficking in persons
throughout the year. Definitional problems remain, however:
among both the public and law enforcement officials, a the
clear distinction between human smuggling and trafficking in
persons needs to be drawn on the national, state and local
level.
During the last year, the GOM/NGOS sponsored numerous
seminars and conferences that included panels on trafficking
to promote better public awareness..
CNDH has worked to address university, business and union
sectors on trafficking in persons.
Regional Working Groups:
On May 2008, in Mexico City, CNDH used government funds to
create a working group called the "Regional Committee against
the Trafficking of Persons- Mexico, Central America and the
Caribbean," within the network of National Institutions for
the Promotion and Protection of Human Rights (CORMECAC),made
up by the Ombudsmen of Costa Rica, El Salvador, Guatemala,
Honduras, Nicaragua, Panama, the Dominican Republic and
MEXICO 00000586 004 OF 016
Mexico. In November 2008, in Merida, Yucatan, the first
working group gathering to appoint representatives for a
Technical Group that was charged with initiating activities
in February 2009. The working group's first technical
meeting was held on February 20, 2009.
University forums
Additionally, there were various university forums: National
Autonomous University of Mexico (UNAM); the IberoAmerican
University (UIA); the Autonomous University "Benito Juarez"
of Oaxaca (UABJO); a joint cooperation of CNDH, UANJO and the
Commission for the Defense of Human Rights of the State of
Oaxaca (CDDHO); and labor sindicate forums with CNDH and the
Revolutionary Confederation of Workers and Farmers (CROC) in
Tijuana, Baja California to raise awareness among students
and workers to the social epidemic of TIP.
Regional forums
In 2008, CNDH implemented regional public forums to push for
the homogenization of a national juridic TIP framework. One
forum was held in la Ciudad de Culiacan, Sinaloa, together
with the State Senate and State Government of Sinaloa with
the participation of six states. Another forum took place,
with the support of the State Government of Campeche, in San
Francisco de Campeche, Campeche in November 2008, with eight
states participating.
Training workshops
In terms of training, in September 2008, CNDH, along with
PROTEJA-USAID, and the UN Office Against Drugs and Crime
(UNUDD),held workshops on "Detection and Identification of
Victims of Trafficking in Mexico." In Baja California on
September 2-4; and in Juchitan, Oaxaca on September 5,8 and
9; in Tapachula, Chiapas on September 9-11. City, state and
federal public servants, NGOs, consulates, academics and
others participated at each of the workshops.
With the collaboration of the Deaf Association of the Federal
District, translation services for the deaf were provided at
all of these CNDH TIP workshops.
National NGO Working groups
CNDH organized three working groups with TIP expert NGOs,
that were also attended by a representative from the
interagency commission created by the Law to Prevent and
Sanction Trafficking in Persons, in order to construct a
network for NGOs, TIP victims and their families to gather
TIP information.
On February 23, CNDH, along with PROTEJA and CROC, produced a
short film, "Slavery of the 21st Century- Trafficking in
Persons." This film will be followed by another short
film"Mexican legislation on Trafficking in Persons and
Related Crimes."
9. (SBU) QUESTION B. Which government agencies are involved
in anti-trafficking efforts and which agency, if any, has the
lead?
POST RESPONSE: On November 27, 2007, President Calderon
signed federal anti-trafficking legislation which makes TIP a
crime punishable at the federal level. Under the new law an
interagency committee was created with all government
agencies to coordinate on this issue. Agencies participating
on the Inter-agency committee to address TIP include:
National Migration Institute (INM),Mexican Attorney
General's Office (PGR),National Institute for Women
(INMUJERES),Secretary of Health, Mexico's Foreign Relations
Secretariat (SRE),Secretary of government (SEGOB),Secretary
for Public Security (SSP),Secretary for Health, Secretary
for Communications and transportation (SCT),Secretary of
Labor STPS),Secretary of Public Education (SEP),along with
three academic experts, and three representatives from civil
society. The law mandates that the executive appoint a
single federal oversight element to manage operation of the
inter-agency. On February 27, 2007, the government
officially published the regulations for implementation of
the "Law to Prevent and Punish Trafficking in Persons."
10. (SBU) QUESTION C. What are the limitations on the
government's ability to address this problem in practice?
For example, is funding for police or other institutions
inadequate? Is overall corruption a problem? Does the
government lack the resources to aid victims?
POST RESPONSE: Political will to address the problem is
MEXICO 00000586 005 OF 016
high, evidenced by actions taken by the federal and state
governments since the last TIP report. In addition to the
passage of federal anti-TIP legislation in 2007, 22 of
Mexico's 31 states, as well as the Federal District, have
anti-trafficking laws in place, although implementation and
use of these laws varies considerably;
--Mexico's Attorney General's office (PGR) created a special
prosecutor for trafficking crimes, adding responsibility for
trafficking investigations to an existing unit charged with
addressing violent crimes against women (FEVIMTRA). This unit
is responsible for providing legal, psychological, medical
and social assistance to trafficking victims (children, women
and men) and their families, with centers located in D.F.,
Chiapas, and Chihuahua. They also have a TIP hotline.
--the National Migration Institute (INM) issued humanitarian
visas to trafficking victims; (Note: Post is seeking 2008
number)
--In 2008, Congress approved a $7 million USD budget to
construct a shelter specifically for trafficking victims.
FEVIMTRA is currently working to open this specialized
shelter. PGR reports that Mexico,s family welfare agency,
Desarollo Integral de la Familia (DIF),has a working shelter
for children that have been sexually exploited, but not
specifically trafficked. Additionally, the Attorney
General's office made available a confiscated narco-residence
in 2008 for use by a local NGO to exclusively shelter TIP
victims.
--INM and state law enforcement undertook various training
programs on trafficking.
Finally, media have expanded coverage and discussion of TIP
as both civil society and government work to raise awareness
of the problem.
Principal obstacles to full GOM engagement on TIP at all
levels remain a) incomplete attention by law enforcement
elements to investigating and prosecuting TIP-related
offenses, b) limited fact-gathering on the full scope of
problem in Mexico (as well as data on law enforcement actions
at the state and local levels to curb it) and c) inadequate
GOM resources devoted to victims assistance and protection.
In addition, TIP must compete with other law enforcement
priorities in Mexico. Over the past year, President Calderon
has committed his administration and an increasing amount of
human and financial resources toward the fight against drug
trafficking and violence associated with the drug trade.
Although TIP initiatives are given a priority, TIP enforcers
must also address the broader problem of spiraling violence
and criminality in Mexico. The GOM puts scarce TIP resources
to good use, however, and has welcomed USG assistance and
training.
Training needs to continue and expand in the areas of
awareness-raising (the distinction between trafficking and
smuggling remains unclear, particularly among local law
enforcement officials); the identification of and interaction
with victims; and the provision of services to trafficking
victims. Finally, a lack of police professionalism, culture
of impunity and official corruption (especially at the state
and local level) remain significant impediments to effective
TIP enforcement in Mexico.
11. (SBU) QUESTION D. To what extent does the government
systematically monitor its anti-trafficking efforts (on all
fronts -- prosecution, victim protection, and prevention) and
periodically make available, publicly or privately and
directly or through regional/international organizations, its
assessments of these anti-trafficking efforts?
POST RESPONSE: With the passage of the November 2007 federal
anti-trafficking legislation, the GOM was to begin more
systematically monitoring its anti-trafficking efforts.
There has not been any quantifiable progress in this area.
However, a collaborative group, including the Chamber of
Deputies- Justice Commission, CNDH and the Center for Studies
and Research in Social Development and Assistance (CEIDAS) is
working to establish specific criteria to determine what
states are developing more and better programs to prevent and
eradicate TIP in Mexico.
(U) INVESTIGATION AND PROSECUTION OF TRAFFICKERS:
MEXICO 00000586 006 OF 016
12. (SBU) QUESTION A. Existing Laws against TIP: Does the
country have a law or laws specifically prohibiting
trafficking in persons -- both for sexual exploitation and
labor? If so, please specifically cite the name of the
law(s) and its date of enactment and provide the exact
language (actual copies preferable) of the TIP provisions.
Please provide a full inventory of trafficking laws,
including non-criminal statutes that allow for civil
penalties against alleged trafficking crimes (e.g., civil
forfeiture laws and laws against illegal debt). Does the
law(s) cover both internal and transnational forms of
trafficking? If not, under what other laws can traffickers
be prosecuted? For example, are there laws against slavery
or the exploitation of prostitution by means of force, fraud,
or coercion? Are these other laws being used in trafficking
cases?
On November 27, 2007, Mexico passed a federal law titled:
"Law to Prevent and Punish Trafficking in Persons," which
amends, supplements, and replaces various provisions of the
Federal Law Against Organized Crime, the Federal Code of
Criminal Procedure, and the Federal Penal Code. The
regulations for this law were officially published on
February 27, 2009.
Article 1 of the reads: "The purpose of this law is to
prevent and punish trafficking in persons, and to protect,
care for, and assist the victims thereof, in order to ensure
that victims and potential victims, whether residing in
Mexico permanently or temporarily, and Mexicans abroad, can
develop freely as persons. This law shall apply throughout
the national territory under federal jurisdiction." The
federal law includes internal and external trafficking as
part of the law.
Article 5 of the law covers prohibitions related to sexual
and non-sexual purposes, as follows " The crime of human
trafficking includes the person that promotes, solicits,
offers, facilitates, obtains, transfers, renders or receives,
for himself or a third party, another person by means of
physical or moral violence, deception, or abuse of power to
submit this person to sexual exploitation, forced labor or
services, slavery or practices similar to slavery, servitude
or the removal of organs or its components.
While the legislation establishes TIP as a federal law
enforcement concern and provides federal investigators with
the tools to investigate and prosecute TIP-related offences,
executive orders to implement several key elements of this
legislation, including the creation of an inter-agency
committee to coordinate GOM anti-TIP efforts, have remained
pending on the publication of the regulations, recently
published on February 27, 2009. The inter-agency committee
has been meeting informally since January 2008. With these
newly published regulations there is hope to push forward and
further development anti-trafficking actions in Mexico.
13. (SBU) QUESTION B. Punishment of Sex Trafficking Offenses:
What are the prescribed and imposed penalties for trafficking
people for sexual exploitation?
POST RESPONSE: The prescribed penalties include: imprisonment
from 6-12 years and 500-1500 "fine days" (approximately
$2,434 USD-$78,885 USD) (days in which a prescribed
percentage of income must be paid); imprisonment of 9-18
years and 750-2250 "fine days" (approximately $3,651
USD-$10,954USD),if the offense is committed against a person
under the age of 18 or against a person who does not have the
capacity to understand the meaning of the act or the capacity
to resist. According to Article 6 of the law, "The penalty
will increase by half when, "The perpetrator avails himself
of a public office that he may hold or may have pretended to
hold without actually being a public servant. When the
perpetrator is a public servant, he shall be stripped of his
public position, office or commission and be prohibited from
performing any other for up to a period of time equal to the
term of imprisonment imposed; the same penalty shall apply
when the victim is a person over 60 years of age or is an
indigenous person."
Article 6 section (b) states: "When the criminal participant
in the offense is related to the victim by blood, affinity or
common law, or lives in the same residence as the victim,
even though there may be no kinship or is the guardian or
caretaker of the victim; such person may (depending on the
MEXICO 00000586 007 OF 016
circumstances) lose his parental authority, the maintenance
right to which he is entitled by virtue of his relationship
to the victim, and any right he may hold with respect to
victim's assets."
14. (SBU) QUESTION C. Punishment of Labor Trafficking
Offenses: What are the prescribed and imposed penalties for
trafficking for labor exploitation, such as forced or bonded
labor? If your country is a source country for labor
migrants, do the government's laws provide for criminal
punishment -- i.e. jail time -- for labor recruiters who
engage in recruitment of workers using knowingly fraudulent
or deceptive offers with the purpose of subjecting workers to
trafficking in the destination country? If your country is a
destination for labor migrants, are there laws punishing
employers or labor agents who confiscate workers' passports
or travel documents for the purpose of trafficking, switch
contracts without the worker's consent as a means to keep the
worker in a state of service, or withhold payment of salaries
as means of keeping the worker in a state of service?
POST RESPONSE: Art 5 of the new federal TIP law defines TIP
for labor exploitation as a federal offense. Penalties for
trafficking related to labor bondage are the same as those
imposed on other TIP offenders.
15. (SBU) QUESTION D. What are the prescribed penalties for
rape or forcible sexual assault? (NOTE: This is necessary to
evaluate a foreign government's compliance with TVPA Minimum
Standard 2, which reads: "For the knowing commission of any
act of sex trafficking . . . the government of the country
should prescribe punishment commensurate with that for grave
crimes, such as forcible sexual assault (rape)." END NOTE)
POST RESPONSE: Each of Mexico's 31 states and Mexico City
has their own penal codes and the penalties vary. In Mexico
City, the penalty for rape of a child less than twelve years
old is punishable by two to five years imprisonment; another
50 percent of the sentence is added if violence was used.
When the victim is between 12 and 18 years old, rape is
punishable by three months to four years in prison. The
penalty for rape of an adult woman is six months to four
years; if violence is used in the process, an additional 50
percent of the sentence may be added to it. Use of force in
a rape against a member of either sex is punishable by eight
to 14 years in prison.
According to federal law, child prostitution and any practice
that affects a child's psychological development is a felony
under Mexican law. The Federal Penal Code and the Penal
Proceedings Code cover crimes involving children or
adolescents in pornography, prostitution of minors, and
corruption of minors or mentally disabled persons. Specific
penalties for perpetrators vary depending on the seriousness
of the crime.
16. (SBU) QUESTION E. Law Enforcement Statistics: Did the
government prosecute any cases against human trafficking
offenders during the reporting period? If so, provide
numbers of investigations, prosecutions, convictions, and
sentences imposed, including details on plea bargains and
fines, if relevant and available. Please note the number of
convicted traffickers who received suspended sentences and
the number who received only a fine as punishment. Please
indicate which laws were used to investigate, prosecute,
convict, and sentence traffickers. Also, if possible, please
disaggregate numbers of cases by type of TIP (labor vs.
commercial sexual exploitation) and victims (children under
18 years of age vs. adults). If in a labor source country,
did the government criminally prosecute labor recruiters who
recruit workers using knowingly fraudulent or deceptive
offers or by imposing fees or commissions for the purpose of
subjecting the worker to debt bondage? Did the government in
a labor destination country criminally prosecute employers or
labor agents who confiscate workers' passports/travel
documents for the purpose of trafficking, switch contracts or
terms of employment without the worker's consent to keep
workers in a state of service, use physical or sexual abuse
or the threat of such abuse to keep workers in a state of
service, or withhold payment of salaries as a means to keep
workers in a state of service? What were the actual
punishments imposed on persons convicted of these offenses?
Are the traffickers serving the time sentenced? If not, why
not?
MEXICO 00000586 008 OF 016
POST RESPONSE: FEVIMTRA, within Mexico's Attorney General's
office, reports that from January 31, 2008 to January 23,
2009, 11 investigations into suspected cases of trafficking
for labor exploitation were initiated, and that 13
investigations were opened into suspected cases of
trafficking for sexual exploitation. In October 2008,
FEVIMTRA in the office of Mexico's Attorney General, made the
first formal charges under the new federal anti-trafficking
law in a case of trafficking for forced labor in the state of
Chiapas. USG law enforcement reports that the GOM has
participated in several investigations in coordination during
the reporting period.
(Note: Post continues to seek information from FEVIMTRA on
federal investigations and prosecutions, and will continue to
update G/TIP on additional cases.)
17. (SBU) QUESTION F. Does the government provide any
specialized training for government officials in how to
recognize, investigate, and prosecute instances of
trafficking? Specify whether NGOs, international
organizations, and/or the USG provide specialized training
for host government officials.
POST RESPONSE: National Migration Institute (INM) is in the
process of developing (with the support from civil society
organizations and inter-governmental agencies with experience
on trafficking in persons) specific procedures and accurate
guides to identify and provide attention to victims in four
areas: minors detected by INM; minors in custody from other
authorities; adults who present themselves voluntarily;
adults detected by migration officials.
Coordination of Control and Migration Verification at INM has
developed an annual program of supervision for all the
regional delegations for the purpose of verifying businesses
who hire foreigners in order to better identify at risk
populations. These procedures are still being developed.
Training:
PENDING INFORMATION FROM PROTEJA-USAID AND ICE
18. (SBU) QUESTION G. Does the government cooperate with
other governments in the investigation and prosecution of
trafficking cases? If possible, provide the number of
cooperative international investigations on trafficking
during the reporting period.
POST RESPONSE: The GOM cooperates with other governments in
the investigation and prosecution of trafficking cases.
Mexican law enforcement officials continue to work closely
with DHS-ICE on several trafficking investigations in Mexico
and the U.S., including cross border trafficking cases.
Mexico's collaboration with Central American governments in
migration and border security is increasing under the current
government and will have a positive impact on the region's
ability to coordinate on TIP-related issues. Post continues
to work with GOM law enforcement elements to obtain
information on transnational trafficking investigation with
third countries.
19. (SBU) QUESTION H. Does the government extradite persons
who are charged with trafficking in other countries? If so,
please provide the number of traffickers extradited during
the reporting period, and the number of trafficking
extraditions pending. In particular, please report on any
pending or concluded extraditions of
trafficking offenders to the United States.
POST RESPONSE: As reported in the 2007 TIP Report, in
January 2007, Mexican national Carreto Valencia received a
sentence of 25 years and six months in Mexico on
trafficking-related charges; the GOM subsequently extradited
her to the United States (January 19 2007) to face charges of
trafficking, among other crimes. Mexico became the first
country to extradite a defendant in a trafficking case when
they extradited Consuelo Carreto Valencia. There were no
trafficking related extraditions to the U.S. during the
reporting period. However, the GOM has six pending
provisional arrest warrants against individuals in Mexico in
connection with trafficking related offenses.
20. (SBU) QUESTION I. Is there evidence of government
involvement in or tolerance of trafficking, on a local or
MEXICO 00000586 009 OF 016
institutional level? If so, please explain in detail.
POST RESPONSE: There have been allegations that some law
enforcement and migration officials- especially at the local
level have been involved in trafficking to the extent they
have been known to accept bribes to facilitate or ignore
alien smuggling or to allow brothels and child prostitution
to exist unmolested.
21. (SBU) QUESTION J. If government officials are involved in
trafficking, what steps has the government taken to end such
participation? Please indicate the number of government
officials investigated and prosecuted for involvement in
trafficking or trafficking-related corruption during the
reporting period. Have any been convicted? What sentence(s)
was imposed? Please specify if officials received suspended
sentences, or were given a fine, fired, or reassigned to
another position within the government as punishment. Please
indicate the number of convicted officials that received
suspended sentences or received only a fine as punishment.
POST RESPONSE: If government officials are involved in
trafficking, the GOM added penalties in the new federal law
to address officials involved in trafficking. Article 6 (a)
states: "The penalties set forth in paragraphs 1 and 2 of
this Article shall be increased by up to one-half when: (a)
The perpetrator avails himself of a public office that he may
hold or may have pretended to hold without actually being a
public servant. When the perpetrator is a public servant, he
shall be stripped of his public position, office, or
commission and be prohibited from performing any other for up
to a period of time equal to the term of imprisonment
imposed; the same penalty shall apply when the victim is a
person over 60 years of age or is an indigenous person."
Two INM officials, Oscar Manuel Navarete Orozco and Maria
America Maldonado Alfaro, arrested in 2007 remain in custody
accused by PGR of leading an organized criminal group that
trafficked persons, including undocumented workers.
22. (SBU) QUESTION K. Is prostitution legalized or
decriminalized? Specifically, are the activities of the
prostitute criminalized? Are the activities of the brothel
owner/operator, clients, pimps, and enforcers criminalized?
Are these laws enforced? If prostitution is legal and
regulated, what is the legal minimum age for this activity?
Note that in countries with federalist systems, prostitution
laws may be under state or local jurisdiction and may differ
among jurisdictions.
POST RESPONSE: Prostitution is legal for adults 18 years of
age and older in Mexico. The existing laws that do not
pertain to prostitution focus on threats to public health,
moral corruption and pimping. The Mexican criminal code
contains penalties for corruption of minors; for induced or
forced prostitution and maintaining brothels; for employment
of minors in bars and other centers; and for the procurement,
inducement or concealment of prostitution. Prostitution
which is carried out openly in a manner that undermines
public morality is subject to a penalty of six months to five
years in prison. Although pimping is a crime in Mexico, both
pimping and prostitution are practiced widely and generally
without arrest or prosecution.
23. (SBU) QUESTION L. For countries that contribute troops to
international peacekeeping efforts, please indicate whether
the government vigorously investigated, prosecuted, convicted
and sentenced nationals of the country deployed abroad as
part of a peacekeeping or other similar mission who engaged
in or facilitated severe forms of trafficking or who
exploited victims of such trafficking.
POST RESPONSE: Not Applicable
24. (SBU) QUESTION M. If the country has an identified
problem of child sex tourists coming to the country, what are
the countries of origin for sex tourists? How many foreign
pedophiles did the government prosecute or deport/extradite
to their country of origin? If your host country's nationals
are perpetrators of child sex tourism, do the country's child
sexual abuse laws have extraterritorial coverage (similar to
the U.S. PROTECT Act) to allow the prosecution of suspected
sex tourists for crimes committed abroad? If so, how many of
the country's nationals were prosecuted and/or convicted
during the reporting period under the extraterritorial
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provision(s) for traveling to other countries to engage in
child sex tourism?
POST RESPONSE: Mexico is a country with an identified child
sex tourism problem. Mexico is a destination for sexual
tourists and pedophiles, particularly from the United States.
There are no specific laws against sex tourism, although
federal law criminalizes corruption of minors, which is
punishable by five to 10 years' imprisonment. Mexico's
Attorney General's office reports that in 2008 10 individuals
were prosecuted, deported or extradited to third countries
for their participation in sex-tourism related activities
which involved the corruption of minors. (Post continues to
work with FEVIMTRA to obtain specifics about these cases.)
AMCIT Thomas White remains in custody in the state of Jalisco
pending federal charges of child corruption, as well as
completion of a U.S. extradition request.
The names and details of these cases, and of the individuals
subject to ongoing investigations, are not/not available for
public disclosure.
PROTECTION AND ASSISTANCE TO VICTIMS:
25. (SBU) QUESTION A. What kind of protection is the
government able under existing law to provide for victims and
witnesses? Does it provide these protections in practice?
POST RESPONSE: Mexico's Attorney General's office has
guidelines and procedures in place to afford protection to
potential witnesses in all criminal cases, including
trafficking cases. These measures include provision of
personal security, police observation, identity concealment
and other legal measures. Procedures are somewhat cumbersome
for TIP victims and potential witnesses, however,
particularly for third country nationals. Potential
witnesses seeking protection must present themselves
personally to the office's organized crime division to
testify. Mexico City and many Mexican states have similar
measures in place. In August 2008, the Attorney General's
office publicly urged Mexico's Congress to enact specific
legislation to protect witnesses in trafficking cases.
26. (SBU) QUESTION B. Does the country have victim care
facilities (shelters or drop-in centers) which are accessible
to trafficking victims? Do foreign victims have the same
access to care as domestic trafficking victims? Where are
child victims placed (e.g., in shelters, foster care, or
juvenile justice detention centers)? Does the country have
specialized care for adults in addition to children? Does
the country have specialized care for male victims as well as
female? Does the country have specialized facilities
dedicated to helping victims of trafficking? Are these
facilities operated by the government or by NGOs? What is
the funding source of these facilities? Please estimate the
amount the government spent (in U.S. dollar equivalent) on
these specialized facilities dedicated to helping trafficking
victims during the reporting period.
POST RESPONSE: Both the Mexican federal government and some
states have crime victim assistance programs. The programs
cover legal assistance and medical services and psychological
counseling. The DIF, for example, provides temporary shelter
and medical services to unaccompanied minors, with programs
on the northern border. These shelters may serve victims of
trafficking, but do not provide tailored services to
trafficking victims and has not established a referral
system. The DIF tries to locate parents or family members in
order to repatriate the children. The quality of the
programs varies.
In 2007, the INM authorized the issuance of nine humanitarian
visas, granted to victims who are willing to assist in
prosecution cases. (Post is getting update.) The visas are
issued with a validity of one year and are renewable. The INM
has a detention center in Tapachula, Chiapas and in 45 other
places throughout the country in order to process migrants.
This facility provides separate accommodations for men,
women, children and families. Several trafficking victims
have been identified in the facility and passed to NGOs or
DIF-run shelters. (Post has asked for the amount of
government funds spent on these programs.)
27. (SBU) QUESTION C. Does the government provide
trafficking victims with access to legal, medical and
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psychological services? If so, please specify the kind of
assistance provided. Does the government provide funding or
other forms of support to foreign or domestic NGOs and/or
international organizations for providing these services to
trafficking victims? Please explain and provide any funding
amounts in U.S. dollar equivalent. If assistance provided
was in-kind, please specify exact assistance. Please specify
if funding for assistance comes from a federal budget or from
regional or local governments.
The DIF temporary shelters also provide limited medical
services to unaccompanied minors, with programs on the
northern border.
The federal and state governments provide funding and other
forms of support to domestic NGOs for services to victims;
however, the level of funding and support remains very
limited.
28. (SBU) QUESTION D. Does the government assist foreign
trafficking victims, for example, by providing temporary to
permanent residency status, or other relief from deportation?
If so, please explain.
POST RESPONSE: The GOM does provide assistance to foreign
trafficking victims. Law enforcement and migration officials
do encourage victims to cooperate with investigations;
however, victims rarely identify themselves as victims of
trafficking and often times migrants who are exploited
through their employers are afraid to tell authorities for
fear deportation.
From 2005 to 2008, the INM has identified 22 victims of
trafficking from Guatemala, Nicaragua, Argentina, Slovakia
and Ecuador. Of the 22, (81%) of the 22 were victims of
sexual exploitation and (19%) victims of labor exploitation.
Five of these were foreigners and were authorized
humanitarian visas in order for them to provide information
to prosecute traffickers and regularize their status within
Mexico. The remaining voluntarily returned to their
countries with the support from various consulates and
international organizations. Since the beginning of 2008, INM
has identified one trafficking victim from Ecuador. (Post
is seeking update from INM, IOM.)
29. (SBU) QUESTION E. Does the government provide longer-term
shelter or housing benefits to victims or other resources to
aid the victims in rebuilding their lives? (Post is seeking
info from INM.)
30. (SBU) QUESTION F. Does the government have a referral
process to transfer victims detained, arrested or placed in
protective custody by law enforcement authorities to
institutions that provide short- or long-term care (either
government or NGO-run)? (Post is seeking info from NGOs.)
31. (SBU) QUESTION G. What is the total number of trafficking
victims identified during the reporting period? Of these,
how many victims were referred to care facilities for
assistance by law enforcement authorities during the
reporting period? By social services officials? What is the
number of victims assisted by government-funded assistance
programs and those not funded by the government during the
reporting period? (Post is seeking info with INM, IOM.)
From January 2008 to January 2009, IOM reported that 51
trafficking victim cases (39 women and 12 men) were
identified and assisted through their organization. The
majority of these cases were referred to them by INM.
32. (SBU) QUESTION H. Do the government's law enforcement,
immigration, and social services personnel have a formal
system of proactively identifying victims of trafficking
among high-risk persons with whom they come in contact (e.g.,
foreign persons arrested for prostitution or immigration
violations)? For countries with legalized prostitution, does
the government have a mechanism for screening for trafficking
victims among persons involved in the legal/regulated
commercial sex trade?
POST RESPONSE: Mexico's family welfare agency, Desarollo
Integral de la Familia (DIF) continues to operate shelters
for unaccompanied migrant children who are intercepted at the
northern border. Third Country Nationals (TCNs) intercepted
at the border are generally placed in a migration detention
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station until they can be repatriated. NGOs such as Casa
Alianza offer shelter to street children, mainly adolescents,
who are often victims of sexual exploitation; and Casa de las
Mercedes offers shelter and training to former prostitutes
and their children. The INM has also referred several
trafficking victims to NGOs or state-run shelters for
assistance.
INM refers trafficking victims to IOM. During the reporting
period, IOM reported rescued and provided assistance to 38
trafficking victims.
33. (SBU) QUESTION I. Are the rights of victims respected?
Are trafficking victims detained or jailed? If so, for how
long? Are victims fined? Are victims prosecuted for
violations of other laws, such as those governing immigration
or prostitution?
POST RESPONSE: Migrants from Central American and other
countries who travel to Mexico illegally and violate Mexican
immigration laws are usually deported within 90 days. Once
migration officials identify an illegal migrant, INM takes
them to their detention center where they conduct interviews
to see if any crime has been committed during their travel
to/through Mexico. If the migrant is identified as a victim
of trafficking, INM officials say they then turn them over to
DIF, if they are under the age of 12 or to the appropriate
Embassy or Consulate or to shelters that can support victims
of trafficking (i.e. Casa del Migrante or IOM).
Grupos Beta, units of INM that operates on the northern and
southern borders, is mandated to deliver aid and protection
to migrants or nationals of Mexico. In 2008, Grupos Beta
reported 3178 migrant rescues along the Mexico's southern
and northern borders.
34. (SBU) QUESTION J. Does the government encourage victims
to assist in the investigation and prosecution of
trafficking? How many victims assisted in the investigation
and prosecution of traffickers during the reporting period?
May victims file civil suits or seek legal action against
traffickers? Does anyone impede victim access to such legal
redress? If a victim is a material witness in a court case
against a former employer, is the victim permitted to obtain
other employment or to leave the country pending trial
proceedings? Are there means by which a victim may obtain
restitution?
POST RESPONSE: Law enforcement and migration officials
encourage victims to cooperate with investigations; however,
victims rarely identify themselves as victims of trafficking
and often times migrants who are exploited through their
employers are afraid to tell authorities for fear
deportation. Before the passage of the new federal law,
trafficking in persons was designated as a specific federal
crime, however, and suspects were charged with other crimes
other than trafficking. As stated above, Mexico's Attorney
General's office has initiated 24 investigations under the
new law, and leveled formal charges under the new law in one
instance. (Note: Post is working to obtain information on
this case from FEVIMTRA.)
35. (SBU) QUESTION K. Does the government provide any
specialized training for government officials in identifying
trafficking victims and in the provision of assistance to
trafficked victims, including the special needs of trafficked
children? Does the government provide training on
protections and assistance to its embassies and consulates in
foreign countries that are destination or transit countries?
What is the number of trafficking victims assisted by the
host country's embassies or consulates abroad during the
reporting period? Please explain the type of assistance
provided (travel documents, referrals to assistance, payment
for transportation home).
POST RESPONSE: The GOM continues to work with DOJ, USAID and
ICE on training government officials in identifying
trafficking victims. CNDH expects to receive training from
USG in identifying trafficking victims with the intent to
assist in training government officials on identifying
victims and potential victims. SRE official say that they
are implementing programs to assist Mexican trafficking
victims in the U.S. and that one of their consulates in
California has established the resources to assist a TIP
victim. GOM has plans to work with their Embassies in
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Central America to develop programs to assist with prevention
of trafficking in Central America. This program has not been
established.
36. (SBU) QUESTION L. Does the government provide assistance,
such as medical aid, shelter, or financial help, to its
nationals who are repatriated as victims of trafficking?
POST RESPONSE: Through the DIF, the government continues to
administer assistance programs and provide shelters for
migrants through DIF on the northern border. NGOs also
continue to provide assistance to victims of trafficking and
street children and migrants:
Alternativas Pacificas, based in Monterrey continues to
provide support for victims of trafficking. Alternativas
Pacificas is a holistic shelter model for domestic violence
victims and created a national network of shelters. Within
the past few years, the shelters have provided services to
victims of trafficking.
Casa Alianza Mexico runs a network of shelters dedicated to
street children. Most of the children are victims of
domestic violence as well as trafficking. Casa Alianza
provides comprehensive service such as food, education,
health care, religion, legal counseling, and psychological
assistance. Casa Alianza works with DIF and also receives
the cooperation of INM when assistance is needed to
repatriate undocumented migrants.
Bilateral Safety Corridor Coalition (BSCC) works on the US
and Mexican sides of the border, with offices in San Diego
and Cancun. BSCC has launched awareness campaigns, developed
a coalition of civil society organizations to combat
trafficking, and trained Mexican law enforcement and other
officials. BSCC works closely with state-level DIF offices,
the State Commission for Human Rights and federal law
enforcement.
Casa de las Mercedes provides assistance and support to women
of all ages who live on the streets and are victims of
mistreatment, sexual abuse, and sexual exploitation. The NGO
runs a shelter in which these women and their children can
live (as long as necessary) and receive medical and
psychological attention, food, legal counseling and education.
The Casa del Migrante runs shelters in Tapachula, Ciudad
Juarez and Tijuana where they primarily attend to migrants
but also encounter TIP victims. In its Tapachula shelter,
the organization recently added a separate area dedicated for
trafficking victims. Casa del Migrante has a good
relationship with INM.
Centro de Estudios e Investigacion en Desarollo y Asistencia
Social (CEIDAS) is promoting awareness of trafficking through
the media, academic conferences, studies and other outreach
strategies.
The Coalition Against Trafficking in Women (CATW) actively
works to raise awareness about TIP, such as on programs
designed to prevent the sexual exploitation of minors,
particularly by trying to lower the demand. CATW has trained
law enforcement officials on trafficking. CATW reports
having received funding from INMUJERES and Mexico City
Government.
Centro Integral de Atencion a la Mujer (CIAM),located in
Cancun, provides short and long term services to women
victims of domestic and sexual violence-including crisis
prevention, legal assistance, medical and psychological and
vocational counseling, and also protection. CIAM provides
services to trafficking victims, conducts anti-TIP public
awareness campaigns and works with the hotel industry and the
local government in efforts to combat trafficking.
Fundacion Infantia works with the tourism industry on
prevention of child sexual exploitation. Fundacion Infantia
works with the BSCC and the International Labor Organization
(ILO) in providing training to government entities and
schools and has worked with local DIF offices.
International Organization for Migration works extensively
with the GOM, mostly with the INM to provide training to
immigration officials on both the northern and southern
borders. The IOM works closely with Casa del Migrante in
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Tapachula, Chiapas, as well as Casa de las Mercedes in Mexico
City, among many other NGOs and shelters. The INM regularly
contacts the IOM for assistance with suspected trafficking
victims. Note: The names of NGOs working with the INM with
victim protection and assistance are not/not for public
disclosure. INM reportedly assisted 38 victims of
trafficking during the reporting period. End note.
The Fundacion Camino a Casa, a faith-based organization,
operates a shelter exclusively for TIP victims in a
confiscated narco-residence made available to them by the
Attorney General's office in 2008. They work closely with
PROTEJA and provide educational and vocational to trafficking
victims, mostly young women.
Additionally, the Attorney General's office made available a
confiscated narco-residence in 2008 for use by a local NGO to
exclusively shelter TIP victims.
INMUJERES is also involved in anti-TIP efforts, mostly
through funding programs and it its programs to counter
violence against women and educate women on their rights.
Sin Fronteras has a good working relationship with the GOM,
particularly with the INM and the SRE's Secretariat for
Global Affairs. Sin Fronteras provides legal and social
services for migrants in Mexico, and it has been called upon
to assist the INM with providing assistance to trafficking
victims. NOTE: the names of NGOs working with the INM with
victim protection and assistance are not/not for public
disclosure. End note.
37. (SBU) QUESTION M. Which international organizations or
NGOs, if any, work with trafficking victims? What type of
services do they provide? What sort of cooperation do they
receive from local authorities?
POST RESPONSE: Several NGOs and international organizations
work with trafficking victims. (These are listed in 36.L.)
PREVENTION:
38. (SBU) QUESTION A. Did the government conduct
anti-trafficking information or education campaigns during
the reporting period? If so, briefly describe the
campaign(s),including their objectives and effectiveness.
Please provide the number of people reached by such awareness
efforts, if available. Do these campaigns target potential
trafficking victims and/or the demand for trafficking (e.g.
"clients" of prostitutes or beneficiaries of forced labor)?
POST RESPONSE: As documented in last year's TIP report, the
GOM's anti-trafficking information and education campaigns
have focused on a National Program to Eradicate the
Commercial Sexual Exploitation of Minors. The program is
administered by the DIF and is supported by numerous
executive and legislative branch entities (STPS and the PGR),
as well as civil society groups. An NGO addressing
prevention of trafficking in persons in Mexico says the
states of Colima and Sinaloa has the best state level
campaigns to combat trafficking in persons through DIF at the
state level.
39. (SBU) QUESTION B. Does the government monitor immigration
and emigration patterns for evidence of trafficking? Do law
enforcement agencies screen for potential trafficking victims
along borders?
POST RESPONSE: The GOM, Migration officials, Grupos Beta,
PGR all recognize the large influx of trafficked person and
other illegal migrants entering through the southern border
with the intention of transiting Mexico en route to the U.S.,
but scare resources continue to prevent them from training
personnel to effectively screen for potential trafficking
victims. INM report that they deported approximately 38,000
aliens in 2008- the vast majority of whom were from Central
America; Human rights organizations and International
organizations say that there was an increase of children
crossing the southern border alone often times falling prey
to traffickers.
In 2007, INM authorized the issuance of nine humanitarian
visas (updating),which are valid for one year, renewable,
and granted to victims who agree to cooperate in the
prosecution of case. In operations to secure its borders,
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INM nonetheless misses significant opportunities to identify
victims. The lack of standardized training on victim
identification and a paucity of public resources to screen
Central Americans traveling through Mexico prevent officials
from accurately screening and interviewing individuals to see
if they are victims of trafficking.
INM has 46 detention centers throughout Mexico and CNDH
reportedly has an office in each center. INM officials say
that when they find migrants who are within Mexico illegally,
they send them to the detention centers where they are asked
several questions to determine if the person is a victim of
trafficking. If not, INM contacts the appropriate Embassies
and Consulates in order to provide services to the illegal
migrants. Within 90 days the migrants are usually deported
back to their home countries.
INM expects to develop identification cards to issue to
Central Americans seeking work in Mexico. The identification
card is expected to contain personal information on the
individual, including information on the employer in order to
track employers. This will also enable migration officials
to conduct periodic checks on employers to ensure that they
are abiding by proper labor standards.
There was a document published called "Labor Diversification
of Guatemalan Workers in Chiapas" this document does not
provide evidence on specific cases in Chiapas but tries to
approach the migration issue on the border region. This
study was written in 2005 and published in 2007.
40. (SBU) QUESTION C. Is there a mechanism for coordination
and communication between various agencies, internal,
international, and multilateral on trafficking-related
matters, such as a multi-agency working group or a task force?
POST RESPONSE: As noted above, Mexico's new federal law
establishes an interagency commission to coordinate all GOM
actions against trafficking in persons. To date, President
Calderon has not appointed a chair of the commission. This
commission, which has met informally since January 2008, will
be the formal mechanism to coordinate and communicate between
various agencies.
41. (SBU) QUESTION D. Does the government have a national
plan of action to address trafficking in persons? If the
plan was developed during the reporting period, which
agencies were involved in developing it? Were NGOs consulted
in the process? What steps has the government taken to
implement the action plan?
POST RESPONSE: Under the new federal law, the GOM is
required to create such a plan. Article 12 of the new
federal law states: "The Inter-Agency Commission shall
develop the National Program to Prevent and Punish
Trafficking in Persons." Section 2 states: "Establish
prevention, protection and care campaigns for trafficking in
persons based on the principle of safeguarding human dignity
and human rights with special attention to children,
adolescents and women." Once formally established, the
inter-agency trafficking commission will be required to frame
a national plan.
42. (SBU) QUESTION E: What measures has the government taken
during the reporting period to reduce the demand for
commercial sex acts?
See Question 8.A. and 38.A.
F. Required of all Posts: What measures has the government
taken during the reporting period to reduce the participation
in international child sex tourism by nationals of the
country?
43. (SBU) QUESTION POST RESPONSE: Mexicans traditionally have
not traveled to other countries deemed to be centers of
sex-tourism. Within Mexico, reports the Attorney General's
office, measures to contain sex-tourism by local nationals
include enforcement of Mexico's strict corruption of minors
laws, public awareness campaigns in key tourist zones, and
campaigns to help tourism related businesses and their
employees better identify the hallmarks of sex tourism and
the sexual exploitation of minors.
Visit Mexico City's Classified Web Site at
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http://www.state.sgov.gov/p/wha/mexicocity and the North American
Partnership Blog at http://www.intelink.gov/communities/state/nap /
BASSETT