CHILE HOSTS IBERIAN-AMERICAN SUMMIT ON TIP

UNCLAS SANTIAGO 000005

STATE FOR G/TIP, WHA/BSC

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: PGOV PREL KTIP XM XL CI

SUBJECT: CHILE HOSTS IBERIAN-AMERICAN SUMMIT ON TIP


1. SUMMARY: Approximately 150 public prosecutors, NGO leaders, and
other government officials from 21 Latin American countries gathered
at the recent Iberian-American Public Prosecutor's summit to discuss
Trafficking in Persons (TIP) investigations, prosecutions, victims'
assistance, and prevention efforts. The summit successfully
promoted the idea that international cooperation is essential to
combating TIP and underscored the challenges facing public
prosecutors in Latin America. USG subject matter experts provided
specialized training to Chilean prosecutors and delivered a
presentation on the methodology employed by the FBI/DOJ to address
this matter. High level participation from many countries,
including President Bachelet's attendance at the closing ceremony,
and a signed declaration by all 21 countries demonstrated a
commitment to improving anti-trafficking efforts across the region.
END SUMMARY.

COMBATING TIP: INTERNATIONAL COOPERATION IS ESSENTIAL
-------------- --------------


2. Delegations from 21 countries gathered in Santiago December 17-19
at the Iberian-American Public Prosecutor's Association (AIAMP)
first ever summit on TIP. The 21 countries issued a joint
declaration pledging increased cooperation on trafficking issues.
The declaration provides a commitment to increase information
exchanges, promote training opportunities, and integrate
anti-trafficking efforts across borders. At the closing ceremony,
President Bachelet[F1] emphasized the need for continual information
exchange among countries in the region and improvements to
legislative frameworks in accord with international standards. She
alluded to the creation of joint investigative teams "in the near
future" that could facilitate penal prosecution between countries of
the region.


3. The Iberian-American Public Prosecutor's Association (AIAMP) and
Chile's Ministerio Publico organized the conference with the help of
the German government. The AIAMP aims to improve cooperation among
public prosecutors in member countries. AIAMP General Secretary and
Chilean prosecutor Jorge Chocair said the organization selected TIP
as this year's topic because it is an issue that requires
international coordination. Trafficking experts from the United
Nations Office on Drugs and Crime (UNODC),the International
Organization for Migration (IOM),the International Labor
Organization (ILO),and public prosecutors from across Latin America
echoed the need to improve communication and cooperation among
various stakeholders to combat trafficking in persons.


4. Summit participants included delegations from 21 Latin American
countries in addition to delegations from Germany and the United
States. Attorney Generals from Brazil, Guatemala, Honduras,
Uruguay, Cuba, El Salvador, Paraguay, Peru and the Dominican
Republic attended.


RECOGNIZING LIMITATIONS IN THE REGION
--------------


5. Presentations by public prosecutors from Chile and Guatemala
highlighted the deficiencies in existing trafficking laws in both
countries. The current Chilean law does not/not distinguish between
trafficking in persons and smuggling migrants, ties trafficking
exclusively to prostitution, and does not/not provide legal
protection to domestic victims of labor or commercial sex
trafficking. Guatemala's law has similar limitations. These flaws
discourage public prosecutors from pursuing trafficking cases
because they are unlikely to receive convictions or lengthy
sentences. Chile has a draft law pending that would eliminate these
irregularities and bring the law in line with the Palermo protocols.



6. The UNODC noted several regional problems, including a lack of

coordination among investigating offices, duplication of efforts
between national and international actors, poor evidence control,
and a shortage of trafficking experts. The UNODC has initiated
programs in Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua,
and Paraguay to address these problems. The UNODC programs include
training public prosecutors, technical legislative assistance, and
promoting reciprocal judicial support.


7. Presentations by specialists from Regional Victims' Assistance
Units of Chile's Public Prosecutor's office highlighted the
importance of planning and coordination between prosecutors,
detectives and victims' assistance specialists -- prior to arrests
whenever possible -- in order to provide the best possible aid to
trafficking victims. All of the presenters noted the vital
importance of assistance as it can provide victims with the
necessary confidence to participate in a trial. Marcela Neira, Head
of the Chilean Public Prosecutor's National Office of Assistance for
Victims and Witnesses, argued for specialized services for TIP
victims but recognized that Chile has not yet implemented such
programs.



U.S. EXPERTS WELCOMED, COOPERATION ENCOURAGED
--------------


8. Subject matter experts from the FBI, Department of Justice, and
Department of State participated in a specialized training session
and round table seminar with Chilean prosecutors prior to the
summit. The training[F2] brought together 15 sex crimes and TIP
prosecutors from Chile's Fiscalia Nacional Ministerio Publico to
discuss best practices with U.S. experts. At the summit, the
delegation explained the Trafficking Victims Protection Act (TVPA),
the application of the victim-centered approach, and presented case
studies. USG presenters underlined the importance of regional task
forces that coordinate the efforts of investigators, prosecutors,
other local authorities and NGOs. The delegation emphasized USG
interest in cooperating with other countries to confront
trafficking. Jorge Chocair, Director of the International
Cooperation at the Office of the Public Prosecutor, said he received
positive feedback about the U.S. presentation and noted the strong
reputation of the U.S. justice system among prosecutors at the
summit.


9. The U.S. delegation consisted of: Supervisory Special Agent
Scott Ryan, Criminal Investigative Division, FBI HQ; Maritza
Conde-Vazquez, FBI Special Agent Houston Texas; Ruben Perez,
Assistant U.S. Attorney Houston Texas; Tracey Bardof, Regional Legal
Advisor at Embassy Mexico City. Embassy representatives from
LEGATT, EPOL, and PA attended the summit.


IOM HIGHLIGHTS ITS EFFORTS, ILO CALLS FOR ACTION
-------------- ---


10. IOM provided an overview of its services in Latin America and
highlighted successful outreach programs like the State Department's
provision of the "Human Trafficking" video which IOM has screened in
high risk environments to raise awareness. In countries such as
Chile where prostitution is legal, IOM enlists registered sex
workers to serve as preventive agents and sources of information to
identify trafficking victims. Other IOM initiatives include toll
free hot lines in Argentina and Colombia for victims.


11. The ILO implored all countries to enact legislation consistent
with the Palermo Protocols and prosecute trafficking cases tied to
work, particularly child labor. In trafficking cases where children
are involved, the ILO emphasized that coercion or deception do
not/not need to be present to violate the protocols. Several other
presentations noted this point and encouraged countries to legislate
and prosecute cases involving children accordingly.


12. COMMENT: Chile's national prosecutor, Sabas Chahuan, has made
international cooperation a priority, and this summit represented a
serious effort by Chile to promote such cooperation. The decision
to focus on TIP illustrates a willingness by Chile's Ministerio
Publico and the AIAMP to discuss difficult issues and acknowledge
legal shortcomings. The declaration issued at the summit
demonstrated political will to increase international cooperation,
but the countries in attendance need to develop the professional
capacity necessary to act on their words. END COMMENT
CURBAN

[F1]Any thoughts Julie?
[F2]Info from Stan/Julie