Uruguay 2010 Trafficking in Persons Report

UNCLAS MONTEVIDEO 000112

SIPDIS
STATE FOR INL, DRL, PRM, WHA/PPC, WHA/BSC

E.O. 12958: N/A
TAGS: PHUM KTIP KCRM KWMN SMIG KFRD ASEC PREF ELAB UY
SUBJECT: Uruguay 2010 Trafficking in Persons Report

REF: STATE 2094

Post submits the 2010 Trafficking In Persons Report in response to
reftel. Embassy POC is poloff Erin Markley, phone: (598 2) 1770
2924, fax: (598 2) 1770 2112. Poloff spent 40 hours preparing the
report, EFM Political Assistant spent 40 hours, and LES Political
Specialist spent 40 hours.




25. (U) THE COUNTRY'S TIP SITUATION:



-- A. What is (are) the source(s) of available information on human
trafficking? What plans are in place (if any) to undertake further
documentation of human trafficking? How reliable are these
sources?



- The Ministries of the Interior, Health, Education, Labor, Social
Welfare Social Development and the National Institute for Minors
and Adolescents (INAU),the Human Rights office within the Bureau
of Political Affairs and the Consular Affairs Office of the
Ministry of Foreign Affairs, NGO's, IOM and Interpol all constitute
sources for reliable information on trafficking in persons. Most
of these bodies express a need for better organization of data to
be able to identify occurrences of TIP. The Department of
Immigration has nearly completed a substantial reorganization of
its statistics management and believes that the new system is more
conducive to a TIP-based analysis.



-- B. Is the country a country of origin, transit, and/or
destination for men, women, or children subjected to conditions of
commercial sexual exploitation, forced or bonded labor, or other
slave-like conditions? Are citizens or residents of the country
subjected to such trafficking conditions within the country? If
so, does this internal trafficking occur in territory outside of
the government's control (e.g. in a civil war situation)? From
where are people recruited or from where do they migrate prior to
being subjected to these exploitative conditions? To what other
countries are people trafficked and for what purposes? Provide,
where possible, numbers or estimates for each group of trafficking
victims. Have there been any changes in the TIP situation since
the last TIP Report (e.g. changes in destinations)?



- Uruguay is a minor source country for women trafficked for the
purpose of commercial sexual exploitation. While reports suggest a
small number are trafficked to Spain and Italy, there are also
cases of women and minors being trafficked within the country,
particularly to border and in tourist areas.



There is one case being tried as trafficking in persons in which
seven to ten women were trafficked to Spain. There are also low
numbers of child prostitution and child pornography victims in
country. There have been no significant changes to the TIP
situation since the last report. The overall level of TIP in the
country is considered to be low, but the GOU and NGOs recognize
that actual levels of TIP within the country are difficult to
ascertain, and some TIP cases likely go undetected.



-- C. To what kind of conditions are the trafficking victims
subjected?



-The few suspected and confirmed trafficking victims were subjected
to poor conditions.



-- D. Vulnerability to TIP: Are certain groups of persons more at
risk of human trafficking (e.g. women and children, boys versus
girls, certain ethnic groups, refugees, IDPs, etc.)? If so, please
specify the type of exploitation for which these groups are most at

risk (e.g., girls are more at risk of domestic servitude than
boys).



- Women and children, particularly girls, are frequently cited as
being most at risk. There is no evidence of racial or ethnic
groups being targeted, but those from impoverished backgrounds are
universally cited as the most vulnerable.



-- E. Traffickers and Their Methods: Who are the
traffickers/exploiters? Are they independent business people?
Small or family-based crime groups? Large international organized
crime syndicates? What methods are used to gain direct access to
victims? For example, are the traffickers recruiting victims
through lucrative job offers? Are victims sold by their families,
or approached by friends of friends? Are victims "self-
presenting" (approaching the exploiter without the involvement of a
recruiter or transporter)? If recruitment or transportation is
involved, what methods are used to recruit or transport victims
(e.g., are false documents being used)? Are employment, travel,
and tourism agencies or marriage brokers involved with or fronting
for traffickers or crime groups to traffic individuals?



- Officials consistently report that local and international crime
rings that smuggle drugs and other contraband are behind most of
the trafficking schemes in Uruguay. Some domestic violators may be
independent and some are family-based. Some evidence suggests that
a few hotel staff and taxi drivers may connect clients with
exploiters. There is no evidence that significant profits come
from trafficking in persons. Government agencies and NGOs agree
that sexually exploited women in Uruguay are usually Uruguayans or
others who crossed the border on their own valid travel documents
and had first contact with their exploiters while in Uruguay.
South Americans do not generally need passports to travel to other
South American countries. Some victims are self-presenting, but
there are also cases of recruitment, especially by other victims,
based on lucrative job offers. One case of prostitution included
blackmail.




26. (U) SETTING THE SCENE FOR THE GOVERNMENT'S ANTI-TIP EFFORTS:



-- A. Does the government acknowledge that human trafficking is a
problem in the country? If not, whynot?



- Although the GOU believes that the incidence of trafficking
across borders in Uruguay is low, it nevertheless recognizes that
trafficking in persons does occur. Government authorities and NGOs
state that exploited minors generally do not cross Uruguay's
international borders. Nearly all GOU agencies recognize that need
to build on the already established research and training to deepen
understanding as to the extent of TIP in Uruguay, however, they
note that significant progress has been made over the past several
years.



-- B. Which government agencies are involved in efforts to combat
sex and labor trafficking - including forced labor - and, which
agency, if any, has the lead in these efforts?



- The Ministry of the Interior has the lead in investigating
TIP-related cases. Local police forces, INTERPOL, the Department
of Migration, and the Ministries of Health, Education, Social
Development, Tourism, Labor and Social Welfare (including INAU)
also play a part in anti-trafficking efforts.



-- C. What are the limitations on the government's ability to
address these problems 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?



- Limited government resources continue to be the key constraint on
Uruguay's well established political will to combat TIP. Although
recent training (including by the GOU, USG, and IOM) has improved
awareness of TIP and helped developed anti-TIP strategies, law
enforcement agencies have no additional budget for investigative
studies and social service agencies cannot fully comply with many
of their legislated mandates, including complete victim assistance.
The creation of the Specialized Criminal Courts for Organized
Crime, and the inclusion of TIP in their mandate, facilitates
investigations because all TIP cases go to one of two judges, and
in Uruguay, the judges can require that police conduct an
investigation. The creation of the Specialize Courts also has
created a body of judicial experts in organized crime who are
better skilled at identifying TIP. According to Transparency
International, Uruguay ranks high as a country with very little
corruption; there is no evidence to suggest that lack of resources
is a result of corruption.



-- D. To what extent does the government systematically monitor its
anti-trafficking efforts (on all fronts -- prosecution, victim
protection, and prevention) and periodically make available,
publicly or privately and directly or through
regional/international organizations, its assessments of these
anti-trafficking efforts?



-Presently, prevention, protection, prosecution, and investigation
are tasks separated by agency and have seldom presented significant
numbers of cases to merit systematic monitoring by the GOU.
Following January 2008 TIP legislation, however, there has been a
developing recognition that data specific to TIP is increasingly
important. The Ministry of the Interior's Migrations Department
has nearly completed the digitizing its past records and reviewing
its statistics system. This effort will better facilitate
management of data pertinent to TIP.



In 2008 the Ministry of Social Development formed an interagency
committee to address TIP issues. Since then, the committee has
continued to meet in a roundtable format once or twice a month and
includes representatives from the Ministry of the Interior (the
Department of Migration); INTERPOL; the judiciary (the judges from
the Specialized Courts); Ministry of Foreign Affairs (Human Rights
Department and Consular Issues Department); the Ministry of
Tourism; OIM; and NGOs. All representatives have reported that the
group provides the necessary platform to share information about
prevention and prosecution, and that the participation of the
judiciary in the group is extremely important. The group is
working towards establishing an official interagency TIP protocol
in conjunction with a regional TIP protocol under the guidance of
Mercosur.



Additionally, the INAU Committee for the Eradication of Commercial
and Non-commercial Sexual Exploitation of Children and Adolescents
(formed in 2004 in response to a presidential decree) meets every
15 days. In these meetings, representatives from INAU, the police,
INTERPOL, the Ministry of the Interior; the Ministry of Social
Development and the Ministry of Health discuss on going cases and
prevention of all sexual abuse to minors including TIP.



-- E. What measures has the government taken to establish the
identity of local populations, including birth registration,
citizenship, and nationality.



- The government registers all babies upon birth and the Department
of Migration administers naturalization. All citizens and
residents are required to register with the Department of Migration
and are issued national identity cards. The National Institute of
Statistics carries out regular censes with the last one being
published in 1996.

--F. To what extent is the government capable of gathering the data
required for an in-depth assessment of law enforcement efforts?
Where are the gaps? Are there any ways to work around these gaps?



-The gaps are related to bureaucracy and budgetary constraints.
Police only collect information pertinent to the case, and this
information is not used unless the case goes to court. An
additional statistical challenge arises from the lack of
digitization of court and police records, and the fact that access
requires extensive bureaucratic process. Many agencies recognize
the challenges presented by lack of good statistical information
and are making efforts to improve data collection and data sharing.





27. (U) INVESTIGATION AND PROSECUTION OF TRAFFICKERS:



-- A. Existing Laws against TIP: Does the country have a law or
laws specifically prohibiting trafficking in persons -- both sexual
exploitation and labor? If so, please specifically cite the name
of the law(s) and its date of enactment and provide the exact
language [actual copies preferable] of the TIP provisions. Please
provide a full inventory of trafficking laws, including
non-criminal statutes that allow for civil penalties against
alleged trafficking crimes (e.g., civil forfeiture laws and laws
against illegal debt). Does the law(s) cover both internal and
transnational forms of trafficking? If not, under what other laws
can traffickers be prosecuted? For example, are there laws against
slavery or the exploitation of prostitution by means of force,
fraud, or coercion? Are these other laws being used in trafficking
cases?



- In January 2008 Uruguay enacted a new immigration law containing
articles 78, 79 and 80 which address most trafficking-related
crimes that fall under commercial sexual exploitation of children,
fraud and slavery. The law clarifies penalties against
recruitment, transport, transference, housing or receipt of persons
for forced work or labor, slavery or similar practices, servitude,
sexual exploitation, removal and extraction of organs or any other
activity which undermines human dignity. These articles
supplemented previous laws against forced labor, sexual assault,
and unlawful detention which could also be used against
traffickers. Taken together, these laws adequately cover
trafficking within Uruguay.



-- B. Punishment of Sex Trafficking Offenses: What are the
prescribed and imposed penalties for the trafficking of persons for
commercial sexual exploitation, including for the forced
prostitution of adults and the prostitution of children?



- Penalties for violation of child pornography laws range from one
to two years in prison. A person convicted of pimping children
would receive a sentence of four to 16 years. Forced sexual
exploitation of an adult would be prosecuted under forced labor
statutes. TIP-related crimes carry a penalty of four to sixteen
years of imprisonment.



-- C. Punishment of Labor Trafficking Offenses: What are the
prescribed and imposed penalties for labor trafficking offenses,
including all forms of forced labor? If your country is a source
country for labor migrants, do the government's laws provide for
criminal punishment -- i.e. jail time -- for labor recruiters who
engage in recruitment of workers using knowingly fraudulent or
deceptive offers with the purpose of subjecting workers to
compelled service in the destination country? If your country is a
destination for labor migrants (legal/regular or
illegal/irregular),are there laws punishing employers or labor
agents who confiscate workers' passports or travel documents for


the purpose of labor trafficking, switch contracts without the
worker's consent as a means to keep the worker in a state of
compelled service, or withhold payment of salaries as means of
keeping the worker in a state of compelled service?



- Forced labor or unlawful detention carries a penalty of six to
twelve years in prison. Detention of the victim for more than 10
days or if the victim is less than fifteen years old are considered
aggravating circumstances which can push the penalty toward the
maximum. The new migration law applies the penalty of four to
sixteen years of imprisonment to all TIP related crimes.



Although Uruguay is neither a significant source nor a significant
destination country for migrant workers, anybody engaged in
fraudulent recruitment, transport, transfer or reception of forced
labor victims, is liable for prosecution under anti-TIP laws. The
penalty is between 4 and 16 years in prison.



-- D. What are the prescribed penalties for rape or forcible sexual
assault? (NOTE: This is necessary to evaluate a foreign
government's compliance with TVPA Minimum Standard 2, which reads:
"For the knowing commission of any act of sex trafficking... the
government of the country should prescribe punishment commensurate
with that for grave crimes, such as forcible sexual assault
(rape)." END NOTE)



- The penalties for rape or sexual assault range from one to eight
years in prison. Sexual assault or attempted sexual assault
carries two to twelve years, and violence is presumed if the victim
is less than fifteen years old.



-- E. Law Enforcement Statistics: Did the government take legal
action 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 trafficking offenders 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). What were the actual punishments imposed on
convicted trafficking offenders? Are they serving the time
sentenced? If not, why not?



The government and the judiciary made progress in promptly
investigating and prosecuting potential trafficking cases during
the reporting period. There is one case being tried under the
trafficking in persons legislation. The perpetrators of that case
are in prison awaiting sentencing.



Three men have been convicted of the production and selling of
child pornography in Salto. In another case, one man was convicted
of distribution of child pornography internationally, but the
victims were not identified. They are all currently in prison and
the Salto case is currently under appeal.



Several cases are in process:

* Three people are in prison awaiting trial for
participation in a child prostitution ring in Paysandu that
reportedly exploited up to 20 minors, both boys and girls, between
the ages of 13 and 17.

* One man was arrested in Salto for child pornography
for compensating minors aged 12 - 15 with gifts to strip in front
of a camera. He is in prison awaiting trial. He is also accused

of two counts of sexual abuse.

* One couple was arrested for pimping and coercing
eight women, many of them university students. The threatened the
women with showing compromising pictures of them to their families.

* A mother and step father were arrested for pimping
and are awaiting sentencing, for the pimping of their six-year-old
daughter to an elderly neighbor. The neighbor is also awaiting
sentencing for child abuse.



Because of secrecy laws to protect victims and witnesses,
information about cases and case outcomes is difficult to ascertain
in Uruguay. Judges are not officially allowed to provide
information on cases until they are complete, and there is no way
to know when they are complete because trials are not public. Case
information, therefore, comes through press reports, which are
generally inconsistent and incomplete, and occasionally incorrect.




-- F. Does the government provide any specialized training for law
enforcement and immigration officials on identifying and treating
victims of trafficking? Or training on investigating and
prosecuting human trafficking crimes? Specify whether NGOs,
international organizations, and/or the USG provide specialized
training for host government officials.



- This year, 12 judges, public prosecutors, migration officials,
and police attended the International Law Enforcement Academy TIP
Training course in Lima. ILEA training has greatly facilitated the
effectiveness of interagency cooperation by ensuring not only a
common understanding of TIP related issues but an increasingly
cohesive approach to addressing them. Upon return, several ILEA
participants participated in an embassy-led awareness raising TIP
training to an audience of over 100 police, migration, judiciary,
NGO, and other officials. With G-TIP regional funding, OIM led a
regional training in Colonia and a national training in Montevideo.
In preparation for these trainings, OIM and MIDES conducted five
workshops with local interagency committees that address
exploitation and sexual violence in the border departments with
Argentina. INAU conducted two trainings in Colonia through the
Committee for the Eradication of Commercial and Non-commercial
Sexual Exploitation of Children and Adolescents, with the goal of
improving communication between government and non-government
actors. The Department of Migration conducted several on-site
trainings with border officials to increase ability to identify
potential TIP cases. The Ministry of Foreign Affairs now includes
a module of identifying and assisting trafficking victims while
serving abroad as part of its training provided to all new
diplomats.



--G. Does the government cooperate with other governments in the
investigation and prosecution of trafficking cases? If possible,
provide the number of cooperative international investigations on
trafficking during the reporting period.



- The government cooperates with neighboring and European
authorities on international trafficking cases. Direct cooperation
among regional immigration services took place during the year,
particularly between Uruguay and Argentina's immigration services,
which have shared databases. Additionally, the GOU actively
participates in a regional dialogue sponsored by Mercosur; in
February 2009, regional cooperation to combat sexual exploitation
in border areas between Uruguay, Argentina, Chile and Paraguay
commenced, and several agency-to-agency regional workgroup meetings
were held this year. Additionally, the INAU Committee for the
Eradication of Commercial and Non-commercial Sexual Exploitation of
Children and Adolescents and the Ministry of Tourism regularly
communicates with its equivalent bodies in neighboring countries.



-- 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.



- In general, Uruguay freely cooperates with extradition requests
as long as the prisoner is not political and capital punishment is
not a possibility. Post is aware of no TIP-related extradition
requests during the reporting period.



-- I. Is there evidence of government involvement in or tolerance
of trafficking, on a local or institutional level? If so, please
explain in detail.



- There are no cases of government involvement in trafficking. One
case from 2008 in which an immigration official in an overseas
consulate had allegedly taken bribes in order to facilitate the
processing of illegal business visas has been thoroughly
investigated but there was not enough evidence to convict.



-- J. If government officials are involved in human trafficking,
what steps has the government taken to end such complicity? Please
indicate the number of government officials investigated and
prosecuted for involvement in trafficking or trafficking-related
criminal activities 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.



-No government officials were found to be involved in trafficking
related offenses within the reporting period.



-- K. For countries that contribute troops to international
peacekeeping efforts, please indicate whether the government
vigorously investigated, prosecuted, convicted and sentenced
nationals of the

country deployed abroad as part of a peacekeeping or other similar
mission who engaged in or facilitated severe forms of trafficking
or who exploited victims of such trafficking.



- No Uruguayan members of peacekeeping missions have been accused
of TIP. In past years all cases of sexual abuse have been
vigorously investigated, prosecuted, convicted and sentenced by
national or military courts.



-- L. If the country has an identified problem of child sex
tourists coming to the country, what are the countries of origin
for sex tourists? How many foreign pedophiles did the government
prosecute or

deport/extradite to their country of origin? If your host
country's nationals are perpetrators of child sex tourism, do the
country's child sexual abuse laws have extraterritorial coverage
(similar to the U.S. PROTECT Act) to allow the prosecution of
suspected sex tourists for crimes committed abroad? If so, how
many of the country's nationals were prosecuted and/or convicted
during the reporting period under the extraterritorial provision(s)
for traveling to other countries to engage in child sex tourism?



- Child sex tourism is not a major problem in Uruguay. Although
anecdotal reports suggest some sexual tourists arrive from the
region and from Europe, as yet, no cases link specific tourists to
sexual exploitation. There is no evidence that Uruguayans travel

abroad for sex tourism, but no study has been conducted. Uruguay's
legislation against sex with, pimping of, or lewd acts upon
children does not have extraterritorial coverage.




28. (U) PROTECTION AND ASSISTANCE TO VICTIMS:



-- A. What kind of protection is the government able under
existing law to provide for victims and witnesses? Does it provide
these protections in practice?



- The GOU holds the names of victims anonymous. Witness statements
are usually presented in written form, and any spoken evidence is
distorted by a vocal filter. In such a way, anonymity is tightly
controlled. Uruguayan law makes specific reference to those
reporting TIP crimes, the witnesses to such crimes and the victims
and offers them the same protection afforded to accusers, victims,
witnesses and their families under law number 18.026 "Cooperation
with the international criminal court in the subject of the
struggle against genocide, war crimes and human abuse." Article 13
of this law provides that, should a judge deem it necessary, the
state will provide security, and support physical and social
well-being. In practice, however, this doesn't amount to much
aside from possible police vigilance during the case. A June 2009
law, 18.494, written to address money laundering legislation,
addresses additional witness protection to encourage participant
witnesses to testify, and covers TIP cases as well as other
organized crime cases. An important advance this year in victim
protection is an informal agreement between judges and victim care
workers that allows an intermediary to report a TIP case on behalf
of a victim, allowing victims more anonymity before a case is
actually launched. This is important since TIP victims are often
living amount those who recruited and/or trafficked them.



-- 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.



- The government provides technical assistance to NGOs working in
the victim assistance. Uruguayan law provides legal alternatives
to the removal of foreign victims to countries where they face
hardship or retribution. The GOU attempts to provide access to
legal, medical and psychological care for victims of trafficking;
however, not all services are available throughout the country and
as a result, some victims were unable to benefit from the services
offered. Government and NGO shelters for assistance to female
victims of abuse of all sorts operated in the capital but could not
accommodate the demand for shelter. Adult victims of trafficking
have the right to refer themselves to GOU services, and standard
procedure requires police to refer victims to government and/or NGO
shelters. Victims are entitled to free medical and psychological
care. There is no specialized care for men.



GOU facilities are mandated to assist trafficking victims but do
not record the reason assistance was granted, hence no record of
assisting trafficking victims exists. Courts refer victimized
minors to the child welfare agency, INAU, for processing,
assistance, and possible reunification with their families. INAU
shelters were available to children who were victimized by their
families.

International Organization for Migration (IOM) works with

trafficking victims in Uruguay. IOM provides trafficking victims
basic monetary help, psychological and legal support upon arrival
if needed. This year IOM provided assistance to one trafficking
victim who was referred by an NGO.



-- C. Does the government provide trafficking victims with access
to legal, medical and psychological services? If so, please
specify the kind of assistance provided. Does the government
provide funding or other forms of support to foreign or domestic
NGOs and/or international organizations for providing these
services to trafficking victims? Please explain and provide any
funding amounts in U.S. dollar equivalent. If assistance provided
was in-kind, please specify exact assistance. Please specify if
funding for assistance comes from a federal budget or from regional
or local governments.



-The government recognizes the need to provide special assistance
to trafficking victims. In practice, TIP victims are eligible for
the same government or NGO provided services to which the rest of
the population has access. The European Union approved funding of
USD 190,000 in December 2009 that envisions pilot projects of TIP
shelters for both women and minors. These projects will begin in

2010.



The Department of Social Development is in regular and close
contact with NGOs working in the field, but TIP-specific funding
comes from international donors. The Ministry of Social
Development and INAU fund women's and children's shelters that are
available to TIP victims. Government agencies provide extensive
in-kind assistance through the participation of their staff in TIP
roundtable meetings for planning and coordinating interagency
efforts. Additionally, the Ministry of Social Development
supported the local NGO Casa Abierta to publish and hand out
information leaflets on TIP to sex workers while undergoing
mandatory medical checkups.



-- 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.



- While the GOU would, in theory, care for foreign victims of TIP,
no confirmed cases of such victims have ever been recorded.



-- E. Does the government provide longer-term shelter or housing
benefits to victims or other resources to aid the victims in
rebuilding their lives?



- TIP victims are eligible for the same benefits as victims of
domestic violence. Some with job-training programs exist, and
housing assistance may be awarded based on income level.



-- 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)?



- Government and non-government entities report a high level of
cooperation. Although there is no formal referral process, good
interagency communication facilitates easy access to victim
assistance.



-- G. What is the total number of trafficking victims identified
during the reporting period? (If available, please specify the
type of exploitation of these victims - e.g. "The government

identified X number of trafficking victims during the reporting
period, Y or which were victims of trafficking for sexual
exploitation and Z of which were victims of nonconsensual labor
exploitation.) 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?



This year Uruguay' IOM is assisting one trafficking victim (who was
trafficked during a previous reporting cycle) with resettlement
assistance. There have also been several minor victims who are in
INAU custody following child pornography and child prostitution
cases. Care facilities were offered to all victims, but most
refused the assistance offered. It is difficult to obtain data in
this area because of regulations to protect victims.



-- 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?



The GOU recognizes the need for such a formal system and worked
during the year to develop a protocol for all agencies that may
come into contact with TIP victims, including those working with
high risk persons. Additionally, through the trainings provided on
recognition and response to TIP-related crime this year from the
GOU, USG and international organizations, many agencies (migration,
consular, police, judges and NGOs) report greatly enhanced
awareness of the issue.



In 2008, the Ministry of Social Development formed an interagency
committee to deal with TIP issues. During this reporting year, the
committee has continued to meet once or twice a month and includes
representatives from the Ministry of the Interior (the Department
of Migration); INTERPOL; the judiciary (the judges from the
Specialized Courts); Ministry of Foreign Affairs (Human Rights
Department and Consular Issues Department); the Ministry of
Tourism; OIM; and NGOs. Additionally, The INAU "Committee for the
Eradication of Commercial and Non-commercial Sexual Exploitation of
Children and Adolescents" meets every 15 days. In these meetings
representatives from INAU, the police, INTERPOL, the Ministry of
the Interior, the Ministry of Social Development, and the Ministry
of Health discuss ongoing cases and the prevention of all sexual
abuse to minors including TIP.



Prostitution is legal. Brothels, discos, and massage parlors are
inspected to ensure that minors are not working there. The minimum
age for the activity is 18. Pimping is illegal, and sentences are
higher when the cases involve minors.



-- 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?



- Victims' rights are generally respected, and there were no
reports of victims being jailed, deported, or otherwise penalized
in the reporting period.

-- 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?



- The GOU encourages but does not force victims to assist in the
investigation and prosecution of trafficking. There are no
obstructions to victims who seek to press charges against their
exploiters or pursue civil action. In some criminal cases,
Uruguayan citizens are not permitted to leave the country, but
there is no precedent of such prohibition in a trafficking case.
Uruguay's anti-TIP legislation provides the same protection to
victims as under the 2006 law 18.026, "Cooperation with the
International Criminal Court in the subject of the struggle against
genocide, war crimes and human abuse". The law provides financial
compensation for victims as well as personal and psychological
protection for victims and their families.



A June 2009 law, 18.494, to improve money laundering legislation,
addresses additional witness protection to encourage participant
witnesses to testify. The law applies to, but has not yet been
used in any TIP cases.



-- 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).



- The GOU provided and participated in several trainings this year,
all of which include modules on victim protection and assistance.
12 judges, public prosecutors, migration officials, and police
attended the International Law Enforcement Academy TIP Training
course in Lima. Upon return, several ILEA participants participated
in an embassy-led awareness raising TIP training to an audience of
over 100 police, migration, judiciary, NGO, and other officials.
With G-TIP regional funding, OIM led a regional training in Colonia
and a national training in Montevideo. In preparation for these
trainings, OIM and MIDES conducted five workshops with departmental
committees that address exploitation and sexual violence in the
border departments with Argentina. INAU conducted two trainings in
Colonia through the Committee for the Eradication of Commercial and
Non-commercial Sexual Exploitation of Children and Adolescents.
The Department of Migration conducted several on-site trainings
with border officials to increase ability to identify potential TIP
cases. The Ministry of Foreign Affairs now includes a module of
identifying and assisting trafficking victims while serving abroad
as part of its training provided to all new diplomats.



-- L. Does the government provide assistance, such as medical aid,
shelter, or financial help, to its nationals who are repatriated as
victims of trafficking?



- Housing and medical services are available, in theory, to all
Uruguayan citizens in need. In practice, these provisions are
largely inadequate for victims of TIP who often are obliged to rely
on family support.

-- M. Which international organizations or NGOs, if any, work with
trafficking victims? What type of services do they provide? What
sort of cooperation do they receive from local authorities?



- The government, NGOs and international organizations work
together to prevent, investigate, and apprehend traffickers. The
NGOs dealing in TIP do so as part of other issues such as women,
children, or family issues, and NGOs in Uruguay are generally weak.
IOM, El Faro, SOMOS, Arco Iris, Andenes, Claves - Juventud Para
Cristo, Casa Abierta, and BICE (Catholic technical assistance) are
NGOs that work with trafficking victims. Some NGOs offer treatment
for victims of abuse and trafficking and others provide shelter,
food or education. Assistance to victims of labor and sexual
exploitation of minors is available through INAU and NGOs.




29. (U) PREVENTION:



-- A. Did the government conduct anti-trafficking information or
education campaigns during the reporting period? If so, briefly
describe the campaign(s),including their objectives and
effectiveness. Please provide the number of people reached by such
awareness efforts, if available. Do these campaigns target
potential trafficking victims and/or the demand for trafficking
(e.g. "clients" of prostitutes or beneficiaries of forced labor)?
(Note: This can be an especially noteworthy effort where
prostitution is legal. End Note.)



- Government efforts to raise public awareness, particularly among
groups most vulnerable to trafficking, were sustained during the
reporting period. Following the success of last year's campaign,
INAU repeated its large-scale information campaign to raise
awareness on the issue of exploitation of minors in tourist areas
with cooperation from the Ministry of Tourism. 30,000 leaflets and
10,000 stickers will be distributed starting in February 2010, with
a concentration on tourist areas. In cooperation with this
campaign and other outreach efforts by MIDES, the Ministry of
Tourism has a program that solicits hotels and other service
providers to sign onto a national convention to promise to combat
TIP on their premises. The convention states that the companies
will protect the rights of children and adolescents by training
their employees to identify it and denounce it. Forty service
providers have signed onto the convention since 2007.



The Ministry of Education maintained its rights-based sex education
curriculum which includes anti-trafficking segments. MIDES
produced pamphlets to warn sex workers of common TIP scams to be
distributed at mandatory medical checkups. The child welfare
authorities (INAU) use public service announcements to advertise
their Blue Line hotline program to report abuse/exploitation.
Neither the coverage nor the effectiveness of Blue Line
announcements has been measured.



-- B. Does the government monitor immigration and emigration
patterns for evidence of trafficking?



The Department of Immigration has nearly completed a substantial
reorganization of its statistics management and believes that the
new system will be more conducive to a TIP-based analysis.



-- C. Is there a mechanism for coordination and communication
between various agencies, internal, international, and multilateral
on trafficking-related matters, such as a multi-agency working
group or a task force?



- Although there are as yet no formalized mechanisms, since 2008,
interagency communication on TIP issues has been greatly enhanced

by the formation of an interagency TIP committee by the Ministry of
Social Development. The committee meets once or twice a month and
includes representatives from the Ministry of the Interior (the
Department of Migration); INTERPOL; the judiciary (the judges from
the Specialized Courts); Ministry of Foreign Affairs (Human Rights
Department and Consular Issues Department); the Ministry of
Tourism; OIM; and NGOs. Participants report the committee having
immense impact on TIP understanding and coordination between
agencies. Additionally, the INAU "Committee for the Eradication of
Commercial and Non-commercial Sexual Exploitation of Children and
Adolescents" meets every 15 days. In these meetings
representatives from INAU, the police, INTERPOL, the Ministry of
the Interior, the Ministry of Social Development, and the Ministry
of Health discuss ongoing cases and the prevention of all sexual
abuse to minors including TIP.



-- 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?



- The interagency TIP committee, formed by the Ministry of Social
Development, is working towards the creation of a more formal,
coordinated plan of action. The committee works closely with
relevant NGOs. The GOU is a full participant in Mercosur's
regional action plan to combat sexual exploitation in border areas.
The plan commenced on February 15th 2009, and has held several
regional workgroup meetings. The plan includes a regional
awareness-raising campaign as well as the creation of a regional
TIP protocol.



-- E: Required of all Posts: What measures has the government taken
during the reporting period to reduce the demand for commercial sex
acts? (please see ref B, para. 9(3) for examples)



- Following the success of last year's campaign, INAU repeated its
large-scale information campaign to raise awareness on the issue of
exploitation of minors in tourist areas with cooperation from the
Ministry of Tourism. 30,000 leaflets and 10,000 stickers will be
distributed starting in February 2010, with a concentration on
tourist areas.



-- F. Required of all Posts: What measures has the government taken
during the reporting period to reduce the participation in
international child sex tourism by nationals of the country?



- INAU believes its information campaign concerning sexual
exploitation may have impact on nationals participating in sex
tourism abroad.



-- G. Required of posts in countries that have contributed over 100
troops to international peacekeeping efforts (Argentina, Australia,
Austria, Bangladesh, Belgium, Benin, Bolivia, Brazil, Burkina

Faso, Cameroon, Canada, Chile, China, Cote d'Ivoire, Croatia,
Denmark, Egypt, El Salvador, Ethiopia, Fiji, Finland, France,
Gambia, Germany, Ghana, Guatemala, India, Indonesia, Ireland,
Italy, Jordan, Kenya, Korea (ROK),Malawi, Malaysia, Mongolia,
Morocco, Nepal, Niger, Nigeria, Norway, Pakistan, Peru,
Philippines, Poland, Portugal, Russia, Rwanda, Senegal, Slovakia,
South Africa, Spain, Sri Lanka, Tanzania, Togo, Tunisia, Turkey,
Uganda, Ukraine, United Kingdom, Uruguay, Yemen, Zambia, and
Zimbabwe): What measures has the government adopted to ensure that
its nationals who are deployed abroad as part of a peacekeeping or
other similar mission do not engage in or facilitate severe forms
of trafficking or exploit victims of such trafficking? If posts do
not provide an answer to this question, the Department may consider
including a statement in the country assessment to the effect that
"An assessment regarding Country X's efforts to ensure that its

troops deployed abroad for international peacekeeping missions do
not engage in or facilitate trafficking or exploit trafficking
victims was unavailable for this reporting period."



- As part of the training for all peacekeepers that are going
abroad, there is extensive training including on sexual abuses of
which specific modules on TIP are included. The training is based
on UN requirements and regulations and includes identifying TIP
crimes and emphasizing the obligation of peacekeeping troops to
protect civilians. Soldiers are required to either prevent or
denounce the crime.



Uruguay has a Zero Tolerance policy for any sexual activity in the
field due to the high risk involved. Uruguay has shortened the
assignments to 6 months, in part to make this policy less of a
hardship. Uruguay's peacekeeping missions have a legal attach????
that counsels, defends, and/or accuses the Uruguayan officers.




30. (U) PARTNERSHIPS

Secretary Clinton has identified a fourth "P", Partnerships,
recognizing that governments' partnerships with other government
and elements of civil society are key to effective anti-TIP
strategies. Although the 2010 Report will include references
and/or descriptions of these partnerships, they will not be
considered in the determining the tier rankings, except in cases
where a partnership contributes to the government's efforts to
implement the TVPA's minimum standards.



-- A. Does the government engage with other governments, civil
society, and/or multilateral organizations to focus attention and
devote resources to addressing human trafficking? If so, please
provide details.



- MIDES leads an important interagency effort through the TIP
roundtable that works closely with government officials, relevant
NGOs, and international NGOs. The GOU is a full participant in
Mercosur regional action plan to combat sexual exploitation in
border areas which includes a regional awareness-raising campaign
as well as the creation of a regional TIP protocol. Also at a
regional level, the Ministry of Tourism participates in the
Southern Cone Regional Action Group for the prevention of Sexual
exploitation and commercial exploitation of children and
adolescents in Travel and Tourism. With G-TIP regional funding,
OIM led a regional training in Colonia which included Argentine
anti-TIP actors. The GOU embraces other countries' efforts to
assist in TIP initiatives. In 2009, government officials supported
and participated in the embassy-led awareness raising TIP training
to over 100 law enforcement officials and NGO participants. The
GOU also works closely with European law enforcement counterparts
on international cases, and will be working with the European Union
on an important anti-TIP project to include outreach and victim
services.



-- B. What sort of international assistance does the government
provide to other countries to address TIP?



-Uruguay is a willing participant in regional and international TIP
programs. Uruguayan law enforcement officials regularly meet with
and share information with Argentine law enforcement officials, and
the Migration databases between the two countries are shared.
Because it is a smaller country with fewer instances of
trafficking, Uruguay is generally more of a collaborator than a
coordinator.
Nelson