Identifier
Created
Classification
Origin
09MEXICO828
2009-03-20 22:39:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Mexico
Cable title:
NINTH ANNUAL TRAFFICKING IN PERSONS (TIP) REPORT -
how-toVZCZCXRO5970 RR RUEHCD RUEHGD RUEHHO RUEHMC RUEHNG RUEHNL RUEHRD RUEHRS RUEHTM DE RUEHME #0828/01 0792239 ZNR UUUUU ZZH R 202239Z MAR 09 FM AMEMBASSY MEXICO TO RUEHC/SECSTATE WASHDC 5713 INFO RUEHXC/ALL US CONSULATES IN MEXICO COLLECTIVE
UNCLAS SECTION 01 OF 11 MEXICO 000828
SENSITIVE
SIPDIS
E.O. 12958: N/A
TAGS: ASEC ELAB KCRM KFRD KTIP KWMN PHUM PREF SMIG
SUBJECT: NINTH ANNUAL TRAFFICKING IN PERSONS (TIP) REPORT -
ADDITIONAL INFORMATION
REF: MEXICO 0586
UNCLAS SECTION 01 OF 11 MEXICO 000828
SENSITIVE
SIPDIS
E.O. 12958: N/A
TAGS: ASEC ELAB KCRM KFRD KTIP KWMN PHUM PREF SMIG
SUBJECT: NINTH ANNUAL TRAFFICKING IN PERSONS (TIP) REPORT -
ADDITIONAL INFORMATION
REF: MEXICO 0586
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.
The following information is being sent as supplementary
information to reftel.
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).
The GOM's Special Office for Violent Crimes against Women and
Trafficking in Persons (FEVIMTRA) reported providing
assistance to 50 trafficking victims, 49 women and one man,
from January 2008 to February 2009. The GOM's National
Migration Institute (INM) reported identifying 55 possible
TIP cases, involving 28 women and 27 men, from April 2008 to
February 2009. Of those 55 cases, 6 were sexual
exploitation, 31 were labor exploitation, and 18 were both.
The International Organization for Migration (IOM) reported
that of the 51 trafficking victims it had assisted from
January 2008 to January 2009, 39 were female and 12 were
male. The majority came from Central America (72%
Guatemalan),76% were minors, 66% were labor exploitation
victims, 22% sexual exploitation victims, and 10% were both.
INM reported that approximately 55,560 were repatriated in
2008. However, many NGO's believe this number to
significantly under-represent migration through Mexico.
Other information on trafficking patterns that is available
comes from NGOs or academics. However, most of these reports
tend to contain more anecdotal evidence than concrete
statistics.
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. If
statistics are not received by regional states, data will be
collected from other sources including the media. This data
collecting process may distort the statistics in this report.
No date is established for the completion of this report.
The NGO community has identified three problems with the
recently published TIP legislation regulations that it
maintains will impede the collection of information and
documentation of trafficking cases. First, victims must
press charges against traffickers; otherwise, they will not
be considered TIP victims and will not be provided with
assistance. Second international victims will be
automatically repatriated back to their home countries if
they choose not to press charges. Lastly, NGOs have been
excluded from a separate consulting group committee that will
focus on the documentation of human trafficking cases. NGOs
argue that victims often are afraid to press charges against
their assailant. Their decision to refrain from pressing
charges should not automatically imply that cannot be
identified as TIP victims and consequently ineligible for
MEXICO 00000828 002 OF 011
important services. The NGOs believe that without their
participation on the consulting group committee, the
government will not be able to produce accurate trafficking
statistics.
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:
Secretary of Government (SEGOB),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 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; the government has designated SEGOB as the
lead. 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
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.
--In 2008, the National Migration Institute (INM) issued 3
humanitarian visas to trafficking victims; another 4 are in
the process of being issued.
-- In 2008, Congress approved a $7 million USD budget to
construct a shelter specifically for trafficking victims.
FEVIMTRA purchased a property that is currently being
renovated. It hopes to finish renovations by the end of
April. This specialized shelter, for both men and women,
will hold up to 33 persons and will include a detoxification
clinic, therapy rooms and workshop studios. Victims will be
able to stay at this shelter for up to three months. Those
considered protective witnesses will have permission to stay
for up to one year. PGR reports that MexicoQ,s family
welfare agency, Desarrollo 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.
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
MEXICO 00000828 003 OF 011
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.
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?
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.
ICE and DOJ report that they are leading a working group with
various GOM components to combat TIP. The group has focused
much of its efforts on Tenancingo, Tlaxcala. An organization
there recruits women, including minors, to go to the U.S.
Once in the states, the organization on the U.S. side forces
them into prostitution. ICE/Atlanta has made several arrests
and has indicted three other individuals believed to be in
Mexico.
ICE reports that a U.S. citizen, Michael Tork, was arrested
in Acapulco during the raid of a massage parlor. Eight
female trafficking victims were rescued, four of whom were
minors. Tork was engaged in sexual relations with a 15 year
old female at the time of the raid. Unfortunately, attempts
to prosecute Tork in Mexico were thwarted when the minor
refused to provide the necessary statement to prosecute.
From January 2007 through March 2009, at the state level, the
Chihuahua Attorney General's Office reports that it opened
nine cases involving trafficking in persons -- two have
produced arrests and are awaiting trial; seven remain under
investigation:
- In the first case, an adult male coerced two minor females,
15 and 17 years of age, to take drugs and have sexual
relations with him. The indicted adult male is currently out
on bail.
- In the second case, an adult male and adult female used
gifts or money to lure six minor boys, between the ages of 8
and 11, to hotels to perform sexual acts. The indicted
adults are awaiting prosecution and in prison;
- Of the seven cases under investigation, one case was
unidentified, one involved labor exploitation of an adult
female, and the others involved the sexual exploitation of
two adult females and two female minors.
MEXICO 00000828 004 OF 011
According to media reports, four women found captive in a
brothel in the town of Apizaco in the state of Tlaxcala were
rescued in March 2009. These women were being held by pimps
who physically abused them and forced them to prostitute
themselves in Tijuana and other cities. The pimps used
romantic relationships to lure them initially and then forced
them into prostitution under the threat of doing harm to them
and their families if they refused. This case is under
investigation.
Also according to media reports, local authorities raided a
well known location of under-aged prostitution in La Merced,
Mexico City, arresting 28 people and rescuing 45 women. A
local NGO argues that out of the 1,500 women prostituted in
this area, at least 500 of them are minors, principally from
Tlaxcala and Puebla.
The Federal Police, in a press release in January 2009,
reported the arrest of 8 women and 11 men. These individuals
were allegedly part of a trafficking group in Puebla that
forced an undisclosed number of captives to take drugs and
prostitute themselves.
In January 2009, various media sources reported that three
Guatemalan citizens were arrested in Comitan, Chiapas for
trafficking 16 Guatemalan children, between 18 months and 15
years of age, including two in wheelchairs, to work for 30
Mexican pesos (USD $2.16) a day peddling gum and candies on
the streets of San Cristobal de las Casas, Chiapas.
According to a January 2009 PGR release, a 41 year old adult
was arrested and is being investigated for the labor
exploitation of 19 Guatemalans. Eleven of the alleged
victims were rescued, 8 of whom were minors.
On January 20, CNDH made an official recommendation to SRE,
the Secretariat of Labor, INM and the state of Queretaro that
they investigate the case of 65 Mexicans that were allegedly
forced to work under slavery-like conditions in the Bahamas.
This case is pending.
(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) developed
(with the support from civil society organizations and
inter-governmental agencies with experience on trafficking in
persons) specific procedures and accurate guidelines 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
developed the procedures for the 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.
During 2008, INM provided training for its own personnel,
regional TIP inter-agency committees, Federal Police and
various District Attorney offices. TIP inter-agency
committees are being created throughout the country. Each
committee is made up of personnel from PGR, CISEN, INM, DIF,
INMUJERES and depending on the state, various other
government offices and NGOs. The committee planning process
is underway in 24 of Mexico's 31 states and Mexico City. The
two largest committees are in Guerrero and Chiapas. INM
plans to continue training in 2009.
Training:
From March 2008 to June 2008, 783 persons participated in TIP
courses sponsored by INM, in coordination with PROTEJA, for
INM personnel and the inter-agency TIP committees in the
State of Mexico, Puebla, Campeche, Guadalajara, Queretaro,
Michoac n, Guanajuato, Acapulco, Veracruz, Tlaxcala, Durango,
Aguascalientes, San Luis Potosi, Chihuahua, Tabasco, and
Coahuila.
In April 2008, September 2008, and November 2008 198 persons
participated in TIP courses sponsored by INM, in coordination
with PROTEJA, open to the general public, in Guadalajara,
Hidalgo and Mexico D.F.
MEXICO 00000828 005 OF 011
On May 20 and May 29, 2008, 56 persons participated in a TIP
Task Force training course sponsored by FEVIMTRA, in
coordination with PROTEJA, in Mexico, D.F. and Taxco.
From May 2008 to December 2008, INM, in coordination with
PROTEJA, sponsored courses on TIP materials for migration
agents and law enforcement officials from Mexico D.F.,
Yucatan, Colima, Guerrero, Sinaloa, Sonora, Tamaulipas,
Nayarit, Guanajuato, and Quintana Roo.
From August 2008 to November, 175 persons from PGR and 80 INM
public servants participated in a four day training course
sponsored by INM, in coordination with PROTEJA, on detection
and identification of TIP cases in Mexico D.F., Tijuana, and
Cuernavaca.
On December 1, 2008- INM's Migratory Inspection Office
provided TIP training and awareness to call center personnel
in how to use the 1-800-TRATA hotline in Mexico, D.F.
On December 15-17, 2008, 42 PGR public servants participated
in the First Latin American Forum on TIP in Mexico, D.F.
During this reporting period, ICE and DOJ trained in excess
of 200 GOM personnel (including, but not limited to PGR, SSP
and INM) and NGOs.
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: 0n January 19, 2007, Mexican national Carreto
Valencia was extradited to the United States to stand trial
in the Eastern District of New York for the smuggling of
young Mexican women into the United States and forcing them
into prostitution. In July 2008, she pled guilty to a
federal sex trafficking charge in that case. Prior to her
extradition, Carreto Valencia was serving a Mexican sentence
for trafficking offenses in Mexico. In addition to Carreto,
Mexico extradited Juan Luis Cadena Sosa to the US in November
2007 to face sex trafficking charges in the Southern District
of Florida. In September 2008, he was sentenced to 15 years
in prison in that case. Previously, in July 2006, the United
States extradited Jean Succar Kuri to Mexico to face Mexican
charges for running a child sex ring in Cancun. There have
been no trafficking-related extraditions between the US and
Mexico during the current reporting period (March 08-February
09).
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. Post is
hoping to receive updated information on these cases from
INM.
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
MEXICO 00000828 006 OF 011
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
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. According to the
U.S. Marshals Service, Mexico sent eleven fugitives (seven
were deported and four extradited to the U.S. for sex
offenses involving minors during the reporting period. Thomas
White, who officially renounced his U.S. citizenship in
October 2008, remains in custody in the state of Jalisco
pending federal charges of child corruption and 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.
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 have 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 2008, the INM authorized the issuance of 3 humanitarian
visas to victims who agreed to assist in prosecution cases; 4
additional visas are in the process of being issued. The
visas are issued with a validity of one year and are
renewable up to four times. Individuals are eligible to
apply for naturalization after their fifth year in Mexico.
The INM has a migration station in Tapachula, Chiapas and in
46 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 migration stations and are
then passed on to NGOs or DIF-run shelters.
As discussed in 10.c., the GOM is currently working to open a
specialized shelter for TIP victims, in Mexico City, to
accommodate up to 33 individuals. This shelter is being
renovated and GOM officials to open its door as soon as
possible.
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 through
humanitarian visas; FEVIMTRA provides victims' support
resources to foreign trafficking victims. Humanitarian visas
are valid for one year, renewable, and granted to victims who
agree to cooperate in the prosecution of their case. Law
enforcement and migration officials do encourage victims to
cooperate with investigations; however, victims rarely
identify themselves as victims of trafficking and often times
MEXICO 00000828 007 OF 011
migrants who are exploited through their employers are afraid
to tell authorities for fear deportation.
Since the beginning of 2008, INM reports that they identified
only one trafficking victim from Ecuador. However, through
NGOs and media reports Post received information in February
2009 about 11 Guatemalans, 8 adults and 3 minors, February
2009, who may possibly be TIP victims. This case is under
investigation and the presumed trafficker is in jail. The 3
minors were returned to Guatemala, but the 8 adults allegedly
stayed in Mexico with humanitarian visas. There is also
another TIP labor case, November 2008, involving 4 Chinese
individuals, 3 women and one man. These individuals were
working 20 hour days, 7 days a week, for less than meager
wages in Tijuana. The 3 women decided to return to China for
fear of repercussions here in Mexico. The man decided to
stay in Mexico and was brought to Mexico City by FEVIMTRA and
provided with a translator and temporary housing and
accommodations. FEVIMTRA provided this individual with a
humanitarian visa and he decided to stay and work in Mexico.
Also see 16.E. for other media reports involving foreign
trafficking victims. Specific information about the
assistance these individuals received was not available.
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 RESPONSE: No long term shelter or housing is available;
however FEVIMTRA provides victims' assistance for up to three
months in the form of individualized emotional therapy, legal
advice, and group therapy. Longer term assistance is
provided through unofficial referrals to NGOs.
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 RESPONSE: Once a victim has been identified, by either
INM or FEVIMTRA, government personnel work to place the
victim at a local shelter. There is no official referral
process, government workers refer victims to local shelters
based upon availability,
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 RESPONSE: FEVIMTRA reported providing assistance to 50
trafficking victims, 49 women and 1 man, from January 2008 to
February 2009. INM reported identifying 55 possible TIP
cases, 28 women and 27 men, from April 2008 to February 2009.
Of those 55 cases, 6 involved sexual exploitation, 31 were
labor exploitation, and 18 were both.
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, Desarrollo
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
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. FEVIMTRA and INM have also referred
several trafficking victims to NGOs or state-run shelters for
assistance.
MEXICO 00000828 008 OF 011
INM refers trafficking victims to IOM. During the reporting
period, IOM reported rescued and provided assistance to 51
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).
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 not designated as a specific
federal crime, and suspects were charged with other crimes
not 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
the Chiapas case and to confirm the number of investigations
from SRE.)
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. SRE officials are implementing programs
to assist Mexican trafficking victims in the U.S.
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
MEXICO 00000828 009 OF 011
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
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.
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 GOM on victim
protection and assistance are not/not for public disclosure.
End note.
PREVENTION:
38. (SBU) QUESTION A. Did the government conduct
anti-trafficking information or education campaigns during
MEXICO 00000828 010 OF 011
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: In January 2009, FEVIMTRA started a national
anti-TIP awareness campaign to disperse 19 types of posters,
flyers, pamphlets, 3-part leaflets, brochures and flip-charts
across the country. In all, 7,800,000 pieces of material
were printed. Information distribution to 70 cities should
be completed by the end of March. Target distribution areas
include: city, state and federal DIF offices; INM offices and
migration stations; free milk distribution centers; city and
state public assistance offices; elementary, middle and high
schools; NGOs; FEVIMTRA offices and events; hotels, bars,
nightclubs, discotecas, dancehalls; airports and bus
terminals; PGR offices; hospitals and public health clinics;
attorneys general offices; public libraries; and Federal
Government institutions in all states. Close attention is
being made to ensure that specialized materials are sent to
the correct locations to target potential trafficking victims
and to hamper the demand for trafficking. For example, a
3-part leaflet titled, "Trafficking in persons is a crime and
punishable by law," is being dispersed in nightclubs, hotels,
airports and bus terminals.
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 33,400
aliens from January through December 2008. 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 2008, INM authorized the issuance of 3 humanitarian visas
(4 are in the process of being issued),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, 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 47 migration stations throughout Mexico. CNDH
reportedly has two offices in these stations, one in D.F.,
one in Tapachula, and visits the others. INM officials say
that when they find migrants who are within Mexico illegally,
they send them to the migration stations where they are asked
several questions to determine if the person is a victim of
trafficking. If not, INM contacts the appropriate Embassy or
Consulate in order to provide services to the illegal
migrants. Within 90 days the migrants are usually deported
back to their home countries.
INM has developed a specific migration permit for Central
Americans seeking to work in Mexico. The Migratory Form for
Border Workers (FMTF) was created to assist in ensuring
respect for human rights and protection of Central American
migrants who want to work legally in Mexico. The FMTFs
contain personal information on the individual, including
information on the employer in order to track workers and
employers. This enables migration officials to conduct
periodic checks on employers to ensure that they are abiding
by proper labor standards.
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
MEXICO 00000828 011 OF 011
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." With the completion of the "Law to
Prevent and Sanction Trafficking in Persons" regulations on
February 27,2009, by law, the inter-agency trafficking
commission has 60 days to complete their own internal
regulations, and is required to frame a national plan within
one year.
Visit Mexico City's Classified Web Site at
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
E.O. 12958: N/A
TAGS: ASEC ELAB KCRM KFRD KTIP KWMN PHUM PREF SMIG
SUBJECT: NINTH ANNUAL TRAFFICKING IN PERSONS (TIP) REPORT -
ADDITIONAL INFORMATION
REF: MEXICO 0586
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.
The following information is being sent as supplementary
information to reftel.
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).
The GOM's Special Office for Violent Crimes against Women and
Trafficking in Persons (FEVIMTRA) reported providing
assistance to 50 trafficking victims, 49 women and one man,
from January 2008 to February 2009. The GOM's National
Migration Institute (INM) reported identifying 55 possible
TIP cases, involving 28 women and 27 men, from April 2008 to
February 2009. Of those 55 cases, 6 were sexual
exploitation, 31 were labor exploitation, and 18 were both.
The International Organization for Migration (IOM) reported
that of the 51 trafficking victims it had assisted from
January 2008 to January 2009, 39 were female and 12 were
male. The majority came from Central America (72%
Guatemalan),76% were minors, 66% were labor exploitation
victims, 22% sexual exploitation victims, and 10% were both.
INM reported that approximately 55,560 were repatriated in
2008. However, many NGO's believe this number to
significantly under-represent migration through Mexico.
Other information on trafficking patterns that is available
comes from NGOs or academics. However, most of these reports
tend to contain more anecdotal evidence than concrete
statistics.
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. If
statistics are not received by regional states, data will be
collected from other sources including the media. This data
collecting process may distort the statistics in this report.
No date is established for the completion of this report.
The NGO community has identified three problems with the
recently published TIP legislation regulations that it
maintains will impede the collection of information and
documentation of trafficking cases. First, victims must
press charges against traffickers; otherwise, they will not
be considered TIP victims and will not be provided with
assistance. Second international victims will be
automatically repatriated back to their home countries if
they choose not to press charges. Lastly, NGOs have been
excluded from a separate consulting group committee that will
focus on the documentation of human trafficking cases. NGOs
argue that victims often are afraid to press charges against
their assailant. Their decision to refrain from pressing
charges should not automatically imply that cannot be
identified as TIP victims and consequently ineligible for
MEXICO 00000828 002 OF 011
important services. The NGOs believe that without their
participation on the consulting group committee, the
government will not be able to produce accurate trafficking
statistics.
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:
Secretary of Government (SEGOB),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 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; the government has designated SEGOB as the
lead. 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
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.
--In 2008, the National Migration Institute (INM) issued 3
humanitarian visas to trafficking victims; another 4 are in
the process of being issued.
-- In 2008, Congress approved a $7 million USD budget to
construct a shelter specifically for trafficking victims.
FEVIMTRA purchased a property that is currently being
renovated. It hopes to finish renovations by the end of
April. This specialized shelter, for both men and women,
will hold up to 33 persons and will include a detoxification
clinic, therapy rooms and workshop studios. Victims will be
able to stay at this shelter for up to three months. Those
considered protective witnesses will have permission to stay
for up to one year. PGR reports that MexicoQ,s family
welfare agency, Desarrollo 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.
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
MEXICO 00000828 003 OF 011
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.
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?
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.
ICE and DOJ report that they are leading a working group with
various GOM components to combat TIP. The group has focused
much of its efforts on Tenancingo, Tlaxcala. An organization
there recruits women, including minors, to go to the U.S.
Once in the states, the organization on the U.S. side forces
them into prostitution. ICE/Atlanta has made several arrests
and has indicted three other individuals believed to be in
Mexico.
ICE reports that a U.S. citizen, Michael Tork, was arrested
in Acapulco during the raid of a massage parlor. Eight
female trafficking victims were rescued, four of whom were
minors. Tork was engaged in sexual relations with a 15 year
old female at the time of the raid. Unfortunately, attempts
to prosecute Tork in Mexico were thwarted when the minor
refused to provide the necessary statement to prosecute.
From January 2007 through March 2009, at the state level, the
Chihuahua Attorney General's Office reports that it opened
nine cases involving trafficking in persons -- two have
produced arrests and are awaiting trial; seven remain under
investigation:
- In the first case, an adult male coerced two minor females,
15 and 17 years of age, to take drugs and have sexual
relations with him. The indicted adult male is currently out
on bail.
- In the second case, an adult male and adult female used
gifts or money to lure six minor boys, between the ages of 8
and 11, to hotels to perform sexual acts. The indicted
adults are awaiting prosecution and in prison;
- Of the seven cases under investigation, one case was
unidentified, one involved labor exploitation of an adult
female, and the others involved the sexual exploitation of
two adult females and two female minors.
MEXICO 00000828 004 OF 011
According to media reports, four women found captive in a
brothel in the town of Apizaco in the state of Tlaxcala were
rescued in March 2009. These women were being held by pimps
who physically abused them and forced them to prostitute
themselves in Tijuana and other cities. The pimps used
romantic relationships to lure them initially and then forced
them into prostitution under the threat of doing harm to them
and their families if they refused. This case is under
investigation.
Also according to media reports, local authorities raided a
well known location of under-aged prostitution in La Merced,
Mexico City, arresting 28 people and rescuing 45 women. A
local NGO argues that out of the 1,500 women prostituted in
this area, at least 500 of them are minors, principally from
Tlaxcala and Puebla.
The Federal Police, in a press release in January 2009,
reported the arrest of 8 women and 11 men. These individuals
were allegedly part of a trafficking group in Puebla that
forced an undisclosed number of captives to take drugs and
prostitute themselves.
In January 2009, various media sources reported that three
Guatemalan citizens were arrested in Comitan, Chiapas for
trafficking 16 Guatemalan children, between 18 months and 15
years of age, including two in wheelchairs, to work for 30
Mexican pesos (USD $2.16) a day peddling gum and candies on
the streets of San Cristobal de las Casas, Chiapas.
According to a January 2009 PGR release, a 41 year old adult
was arrested and is being investigated for the labor
exploitation of 19 Guatemalans. Eleven of the alleged
victims were rescued, 8 of whom were minors.
On January 20, CNDH made an official recommendation to SRE,
the Secretariat of Labor, INM and the state of Queretaro that
they investigate the case of 65 Mexicans that were allegedly
forced to work under slavery-like conditions in the Bahamas.
This case is pending.
(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) developed
(with the support from civil society organizations and
inter-governmental agencies with experience on trafficking in
persons) specific procedures and accurate guidelines 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
developed the procedures for the 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.
During 2008, INM provided training for its own personnel,
regional TIP inter-agency committees, Federal Police and
various District Attorney offices. TIP inter-agency
committees are being created throughout the country. Each
committee is made up of personnel from PGR, CISEN, INM, DIF,
INMUJERES and depending on the state, various other
government offices and NGOs. The committee planning process
is underway in 24 of Mexico's 31 states and Mexico City. The
two largest committees are in Guerrero and Chiapas. INM
plans to continue training in 2009.
Training:
From March 2008 to June 2008, 783 persons participated in TIP
courses sponsored by INM, in coordination with PROTEJA, for
INM personnel and the inter-agency TIP committees in the
State of Mexico, Puebla, Campeche, Guadalajara, Queretaro,
Michoac n, Guanajuato, Acapulco, Veracruz, Tlaxcala, Durango,
Aguascalientes, San Luis Potosi, Chihuahua, Tabasco, and
Coahuila.
In April 2008, September 2008, and November 2008 198 persons
participated in TIP courses sponsored by INM, in coordination
with PROTEJA, open to the general public, in Guadalajara,
Hidalgo and Mexico D.F.
MEXICO 00000828 005 OF 011
On May 20 and May 29, 2008, 56 persons participated in a TIP
Task Force training course sponsored by FEVIMTRA, in
coordination with PROTEJA, in Mexico, D.F. and Taxco.
From May 2008 to December 2008, INM, in coordination with
PROTEJA, sponsored courses on TIP materials for migration
agents and law enforcement officials from Mexico D.F.,
Yucatan, Colima, Guerrero, Sinaloa, Sonora, Tamaulipas,
Nayarit, Guanajuato, and Quintana Roo.
From August 2008 to November, 175 persons from PGR and 80 INM
public servants participated in a four day training course
sponsored by INM, in coordination with PROTEJA, on detection
and identification of TIP cases in Mexico D.F., Tijuana, and
Cuernavaca.
On December 1, 2008- INM's Migratory Inspection Office
provided TIP training and awareness to call center personnel
in how to use the 1-800-TRATA hotline in Mexico, D.F.
On December 15-17, 2008, 42 PGR public servants participated
in the First Latin American Forum on TIP in Mexico, D.F.
During this reporting period, ICE and DOJ trained in excess
of 200 GOM personnel (including, but not limited to PGR, SSP
and INM) and NGOs.
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: 0n January 19, 2007, Mexican national Carreto
Valencia was extradited to the United States to stand trial
in the Eastern District of New York for the smuggling of
young Mexican women into the United States and forcing them
into prostitution. In July 2008, she pled guilty to a
federal sex trafficking charge in that case. Prior to her
extradition, Carreto Valencia was serving a Mexican sentence
for trafficking offenses in Mexico. In addition to Carreto,
Mexico extradited Juan Luis Cadena Sosa to the US in November
2007 to face sex trafficking charges in the Southern District
of Florida. In September 2008, he was sentenced to 15 years
in prison in that case. Previously, in July 2006, the United
States extradited Jean Succar Kuri to Mexico to face Mexican
charges for running a child sex ring in Cancun. There have
been no trafficking-related extraditions between the US and
Mexico during the current reporting period (March 08-February
09).
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. Post is
hoping to receive updated information on these cases from
INM.
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
MEXICO 00000828 006 OF 011
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
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. According to the
U.S. Marshals Service, Mexico sent eleven fugitives (seven
were deported and four extradited to the U.S. for sex
offenses involving minors during the reporting period. Thomas
White, who officially renounced his U.S. citizenship in
October 2008, remains in custody in the state of Jalisco
pending federal charges of child corruption and 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.
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 have 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 2008, the INM authorized the issuance of 3 humanitarian
visas to victims who agreed to assist in prosecution cases; 4
additional visas are in the process of being issued. The
visas are issued with a validity of one year and are
renewable up to four times. Individuals are eligible to
apply for naturalization after their fifth year in Mexico.
The INM has a migration station in Tapachula, Chiapas and in
46 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 migration stations and are
then passed on to NGOs or DIF-run shelters.
As discussed in 10.c., the GOM is currently working to open a
specialized shelter for TIP victims, in Mexico City, to
accommodate up to 33 individuals. This shelter is being
renovated and GOM officials to open its door as soon as
possible.
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 through
humanitarian visas; FEVIMTRA provides victims' support
resources to foreign trafficking victims. Humanitarian visas
are valid for one year, renewable, and granted to victims who
agree to cooperate in the prosecution of their case. Law
enforcement and migration officials do encourage victims to
cooperate with investigations; however, victims rarely
identify themselves as victims of trafficking and often times
MEXICO 00000828 007 OF 011
migrants who are exploited through their employers are afraid
to tell authorities for fear deportation.
Since the beginning of 2008, INM reports that they identified
only one trafficking victim from Ecuador. However, through
NGOs and media reports Post received information in February
2009 about 11 Guatemalans, 8 adults and 3 minors, February
2009, who may possibly be TIP victims. This case is under
investigation and the presumed trafficker is in jail. The 3
minors were returned to Guatemala, but the 8 adults allegedly
stayed in Mexico with humanitarian visas. There is also
another TIP labor case, November 2008, involving 4 Chinese
individuals, 3 women and one man. These individuals were
working 20 hour days, 7 days a week, for less than meager
wages in Tijuana. The 3 women decided to return to China for
fear of repercussions here in Mexico. The man decided to
stay in Mexico and was brought to Mexico City by FEVIMTRA and
provided with a translator and temporary housing and
accommodations. FEVIMTRA provided this individual with a
humanitarian visa and he decided to stay and work in Mexico.
Also see 16.E. for other media reports involving foreign
trafficking victims. Specific information about the
assistance these individuals received was not available.
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 RESPONSE: No long term shelter or housing is available;
however FEVIMTRA provides victims' assistance for up to three
months in the form of individualized emotional therapy, legal
advice, and group therapy. Longer term assistance is
provided through unofficial referrals to NGOs.
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 RESPONSE: Once a victim has been identified, by either
INM or FEVIMTRA, government personnel work to place the
victim at a local shelter. There is no official referral
process, government workers refer victims to local shelters
based upon availability,
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 RESPONSE: FEVIMTRA reported providing assistance to 50
trafficking victims, 49 women and 1 man, from January 2008 to
February 2009. INM reported identifying 55 possible TIP
cases, 28 women and 27 men, from April 2008 to February 2009.
Of those 55 cases, 6 involved sexual exploitation, 31 were
labor exploitation, and 18 were both.
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, Desarrollo
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
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. FEVIMTRA and INM have also referred
several trafficking victims to NGOs or state-run shelters for
assistance.
MEXICO 00000828 008 OF 011
INM refers trafficking victims to IOM. During the reporting
period, IOM reported rescued and provided assistance to 51
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).
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 not designated as a specific
federal crime, and suspects were charged with other crimes
not 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
the Chiapas case and to confirm the number of investigations
from SRE.)
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. SRE officials are implementing programs
to assist Mexican trafficking victims in the U.S.
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
MEXICO 00000828 009 OF 011
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
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.
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 GOM on victim
protection and assistance are not/not for public disclosure.
End note.
PREVENTION:
38. (SBU) QUESTION A. Did the government conduct
anti-trafficking information or education campaigns during
MEXICO 00000828 010 OF 011
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: In January 2009, FEVIMTRA started a national
anti-TIP awareness campaign to disperse 19 types of posters,
flyers, pamphlets, 3-part leaflets, brochures and flip-charts
across the country. In all, 7,800,000 pieces of material
were printed. Information distribution to 70 cities should
be completed by the end of March. Target distribution areas
include: city, state and federal DIF offices; INM offices and
migration stations; free milk distribution centers; city and
state public assistance offices; elementary, middle and high
schools; NGOs; FEVIMTRA offices and events; hotels, bars,
nightclubs, discotecas, dancehalls; airports and bus
terminals; PGR offices; hospitals and public health clinics;
attorneys general offices; public libraries; and Federal
Government institutions in all states. Close attention is
being made to ensure that specialized materials are sent to
the correct locations to target potential trafficking victims
and to hamper the demand for trafficking. For example, a
3-part leaflet titled, "Trafficking in persons is a crime and
punishable by law," is being dispersed in nightclubs, hotels,
airports and bus terminals.
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 33,400
aliens from January through December 2008. 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 2008, INM authorized the issuance of 3 humanitarian visas
(4 are in the process of being issued),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, 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 47 migration stations throughout Mexico. CNDH
reportedly has two offices in these stations, one in D.F.,
one in Tapachula, and visits the others. INM officials say
that when they find migrants who are within Mexico illegally,
they send them to the migration stations where they are asked
several questions to determine if the person is a victim of
trafficking. If not, INM contacts the appropriate Embassy or
Consulate in order to provide services to the illegal
migrants. Within 90 days the migrants are usually deported
back to their home countries.
INM has developed a specific migration permit for Central
Americans seeking to work in Mexico. The Migratory Form for
Border Workers (FMTF) was created to assist in ensuring
respect for human rights and protection of Central American
migrants who want to work legally in Mexico. The FMTFs
contain personal information on the individual, including
information on the employer in order to track workers and
employers. This enables migration officials to conduct
periodic checks on employers to ensure that they are abiding
by proper labor standards.
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
MEXICO 00000828 011 OF 011
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." With the completion of the "Law to
Prevent and Sanction Trafficking in Persons" regulations on
February 27,2009, by law, the inter-agency trafficking
commission has 60 days to complete their own internal
regulations, and is required to frame a national plan within
one year.
Visit Mexico City's Classified Web Site at
http://www.state.sgov.gov/p/wha/mexicocity and the North American
Partnership Blog at http://www.intelink.gov/communities/state/nap /
BASSETT