Cable 193156, Informe de 2009 sobre el tráfico de personas en Chile
DE RUEHSG #0156/01 0511951
ZNR UUUUU ZZH
O 201951Z FEB 09
FM AMEMBASSY SANTIAGO
TO RUEHC/SECSTATE WASHDC IMMEDIATE 4475
INFO RUEHBU/AMEMBASSY BUENOS AIRES 1302
RUEHPE/AMEMBASSY LIMA 5975
RUEHLP/AMEMBASSY LA PAZ FEB BOGOTA 2297
RUEHBR/AMEMBASSY BRASILIA 0698
RUEHMN/AMEMBASSY MONTEVIDEO 4238
RUEHAC/AMEMBASSY ASUNCION 3787
RUEHBJ/AMEMBASSY BEIJING 0265
RUEHMD/AMEMBASSY MADRID 0939
RUEAWJA/DEPT OF JUSTICE WASH DC
RUEHC/DEPT OF LABOR WASHDC
RHMFIUU/DEPT OF HOMELAND SECURITY WASHINGTON DC
RUEATRS/DEPT OF TREASURY WASH DC
UNCLAS SANTIAGO 000156
STATE FOR G/TIP — Barbara Fleck, G-ACBLANK, INL, DRL, PRM, WHA/PPC
— Scott Miller, WHA/BSC — Leah Cato, Caroline Croft
E.O. 12958: N/A
TAGS: PHUM, KTIP, ELAB, KWMN, SMIG, KFRD, ASEC, PREF, KCRM, CI
SUBJECT: CHILE: 2009 TIP REPORT
REFS: A. 08 STATE 132759
B. 08 SANTIAGO 0645
1. (U) The following information is Post’s submission per ref A. Post will continue to gather information on TIP and submit relevant updates prior to April 15.
2. (SBU) SUMMARY: The GOC made progress during the reporting period in its efforts to confront TIP. Individual agencies, most notably the Public Prosecutor’s Office (Ministerio Publico — MP) and the Investigative Police (PDI), continued their efforts to prevent, investigate, and prosecute TIP. The International Organization for Migration (IOM) conducted a comprehensive TIP study throughout the country, providing important information about the size and nature of the problem in Chile and underscoring the essential role NGOs play in addressing the issue. Chile failed to pass comprehensive TIP legislation, so labor and internal trafficking of adults are still not criminalized under Chilean law. While the government formally created an Inter-Agency Working Group on TIP, the group only met once and took little action. Victims’ assistance continues to lag.
CHILE: THE COUNTRY’S TIP SITUATION
3. (SBU) Question 23 A: Information on trafficking in persons is available from government ministries, press reports, and NGOs. The Ministry of Interior, the MP, and PDI provide reliable information on TIP, the number of investigations, prosecutions, and convictions. Newspapers also publish generally reliable information on specific cases and TIP issues. NGOs are active in Chile and provide generally reliable information. The International Organization for Migration (IOM) conducted a comprehensive TIP study in Chile in 2008 and will publish its findings in March 2009. The government acknowledges that there is a lack of understanding about Chile’s TIP problem, but there are no plans to further study or investigate the issue in the future.
4. (SBU) Question 23 B: Chile is a country of origin, transit and destination for trafficked persons. Trafficking occurs within the country’s borders but, with the exception of child prostitution, is extremely hard to detect. There are no areas outside the government’s control for trafficking to take place.
5. (SBU) Question 23 B and C: As a source country, Chilean victims are trafficked abroad to Europe and Asia. In most cases Chilean women were recruited to be prostitutes abroad (e.g. Spain), but once in those countries found conditions of employment far worse than had been described. There are no reliable estimates of the number of Chileans trafficked outside the country.
6. (SBU) Question 23 B and C: As a transit country, victims are trafficked through Chile en route to Mexico, Brazil, and possibly the U.S. Trafficking victims who transit Chile are primarily Chinese men subjected to labor exploitation. There is no conclusive evidence if organized criminal groups or independent traffickers are responsible for transiting victims through Chile. There are no reliable estimates of the number of trafficking victims who transit Chile.
7. (SBU) Question 23 B and C: As a destination country, people are trafficked to Chile from Bolivia, Peru, Colombia, Paraguay and other poor countries in the region. People are trafficked to all parts of Chile, including Santiago, Punta Arenas, Iquique, and Calama. Women are primarily trafficked for sexual exploitation. Chile is also a destination country for predominantly Asian victims of labor trafficking who work in the mining and agricultural sectors. These trafficking victims, many of whom are Chinese, work in small, independently operated mines. Entire families are trafficked across the porous Chilean borders with Peru and Bolivia without documentation to work in agricultural fields. Every member of the family, including young children, is expected to work. The victims are often not paid the wages they were promised and are required to work much longer hours than permitted by law.
8. (SBU) Question 23 B and C: IOM conducted an extensive TIP study in Chile in 2008 and identified 110 trafficking cases involving 148 victims. Fifty-three percent of cases involved sexual exploitation, and 47 percent dealt with labor exploitation. Sixteen percent of cases involved internal trafficking and 84 percent involved international trafficking. China was the country of origin for 51 percent of the victims in international cases. Paraguay, Peru, Bolivia, and Colombia followed China as the most common countries of origin for trafficking victims in Chile. The majority of trafficking cases identified by IOM were found in the cities of San Felipe and Vina del Mar.
9. (SBU) Question 23 B and C: The IOM study also uncovered important information about labor trafficking in Chile. Included in the 148 victims identified by IOM were 54 victims of labor trafficking, the majority ofwhom were originally from China. The other countries of origin for labor trafficking victims in Chile included Colombia, Bolivia, Peru, and Ecuador.
10. (SBU) Question 23 D: Women are more at risk of being trafficked for sexual exploitation, and men are more at risk of being trafficked for labor exploitation. Children are at risk of being trafficked for both sexual and labor exploitation.
11. (SBU) Question 23 E: Almost all trafficking cases occur as a result of deceit used in an offer of employment. Kidnapping or selling people into trafficking situations does not appear to occur in Chile. A common scheme involves women lured to Chile with the promise of a legitimate job, such as a hairdresser or masseuse, and assistance with visas and paperwork. The «»employer»» then pressures the women into prostitution and threatens to turn them into the police or expel them from the country if they do not comply. Another labor scheme involves recruiting young dentists from Colombia to work in rural towns in southern Chile. The dentists are promised professional wages and enter Chile with valid documents, but they receive much lower salaries when they arrive. Children are brought from Bolivia and Peru to northern Chile with their families and are found working alone in agriculture for meager wages or in exchange for food.
12. (SBU) Question 23 E: The traffickers/exploiters are most likely small or family-based crime groups and independent business people. In 2008, the PDI identified male and female traffickers/exploiters from Chile and Peru. Some victims enter Chile using legitimate travel documents, but others enter the country illegally through porous borders. Victims trafficked from other Latin American countries predominantly enter Chile by land, but victims from other regions such as Asia enter by air. Employment, travel/tourism agencies or marriage brokers are not known to be involved with or fronting for traffickers or crime groups to traffic individuals.
13. (SBU) Question 23 E: Based on a complex trafficking case uncovered in Punta Arenas in 2008, IOM and the Investigative Police believe that an international, organized criminal organization may be involved in some trafficking. The case involved groups of women from Paraguay transiting Argentina before arriving in Chile. The women entered Chile through a remote immigration post in southern Chile that was not connected to the national, computer-based immigration system. IOM and PDI believe the traffickers chose this immigration post to hide their arrival, since it takes extra time for the immigration information to be entered into the system. The systematic approach and the ability to traffic groups of women out of Paraguay, through Argentina, and into Chile leads IOM and the PDI to think that an international, organized group is involved in trafficking. The case is still under investigation in Paraguay and Chile.
14. (SBU) Questions 23 E: In another case, two women (one Chilean and one Peruvian) were arrested in July for cross-border trafficking and money laundering in Iquique. The case is noteworthy because it is the first time the sex crimes and money laundering PDI brigades joined forces on an investigation. The case, which is still under investigation, shut down a brothel where 16 women from Colombia, Paraguay, Bolivia and Peru had been brought from their respective countries to work as prostitutes.
SETTING THE SCENE FOR CHILE’S ANTI-TIP EFFORTS
15. (SBU) Question 24 A and B: The government acknowledges that trafficking is a problem, and has taken steps to address the issue. In July 2008, the government formally created the Interagency Working Group of Trafficking in Persons. The group is charged with coordinating all government actions on TIP — including prevention, investigation, prosecution, and victims’ assistance, with a special focus on women and children. The Ministry of Interior leads the working group, which includes representatives from the following organizations: Ministry of Foreign Relations, Ministry of Justice, Ministry of Labor, National Intelligence Agency, National Women’s Service (SERNAM), National Service for Minors (SENAME), Investigative Police (PDI), Carabineros (uniformed police), and the Public Prosecutor’s Office (MP). The working group legally formalizes the National TIP Coordinator’s Office (NTIPCO), which was established in mid-2005, after Chile’s ratification of the Palermo Protocol.
16. (SBU) Question 24 C: Chile’s ability to address trafficking is limited by existing laws and a lack of human and financial resources. The current law, discussed in detail in paragraph 19, does not criminalize labor exploitation or internal trafficking. Much of the police force has never received training on trafficking, and prosecutors sometimes do not pursue cases because of the difficulty of obtaining convictions under the current law. Victims’ assistance and prevention efforts do not/not receive sufficient funding. Overall corruption is not/not a problem. Carmen Andrade, Deputy Minister of SERNAM, stated during a panel at the Iberian-American Public Prosecutors’ TIP summit in December 2008 (see paragraph 25) that Chile has made few advances in the design and execution of public policies on TIP, and characterized the primary challenge as raising awareness about the issue so that it becomes part of the political agenda.
17. (SBU) Question 24 C: The government took a small step to advance anti-TIP efforts when the Senate passed a draft law in June 2008. The legislation, which has been pending since 2002, must now be reviewed by the Constitutional Commission and the Human Rights Commission before a final Senate vote. The minimum sentence proposed in the draft law is 5 years and a day, the maximum sentence being 15 years. The sentences are the same in the case of trafficking in minors, with the exception that in the case of minors it is not necessary to demonstrate the use of force, intimidation, or deceit to categorize the crime as trafficking. This would increase current minimum penalties for TIP cases and decrease the maximum for cross-border sex trafficking. The draft law also identifies trafficking for the purpose of labor exploitation as a crime, thus addressing a glaring weakness of the current penal code. Passage of this law would close and important loophole in Chile’s anti-TIP efforts. For example, under the new law police and prosecutors could investigate, arrest, and prosecute traffickers who exploit Chinese, Peruvians and Bolivians working in the mining and agriculture sectors.
18. (SBU) Question 24 D: The newly formalized Interagency Working Group (see paragraph 15) is charged with coordinating all government efforts on TIP and systematically monitoring anti-trafficking efforts. The group has only met once since its formal creation in July 2008. The PDI and IOM both complain that the group provides only basic coordination on a few anti-trafficking efforts. Raices, another NGO, notes that the formation of the group is a positive step even if it is slow to act. The Ministry of Interior, which is in charge of the group, argues that it takes time to build consensus and move forward on the issues. The group is willing to meet with international and regional organizations, participates in training sessions, and shares information.
INVSTIGATION AND PROSECUTION OF TRAFFICKERS
19. (SBU) Question 25 A: No change from last year. Trafficking is defined as a cross-border activity for the purpose of prostitution under Penal Code Law 19.927, Article 367 bis. Thus, recruiting women from another country to work as prostitutes willingly would qualify as human trafficking under Chilean law. Use of deception or other aggravating factors increases penalties. Other provisions of the law target TIP-related crimes within Chile. The laws currently in place that could be used to prosecute traffickers are those governing sexual crimes (rape, sexual abuse, and child pornography), criminal association, and kidnapping. There are legal protections for potential victims that are focused on children, regardless of national origin. In addition, Chile joined international efforts to ban slavery when it ratified the International Convention on Civil and Political Rights in May 1972. Chile also signed the Organization of American States’ San Jose Pact. Article 6 of this agreement prohibits slavery and forced labor. Chile ratified the Palermo Protocol in February 2005.
20. (SBU) Question 25 B: No change from last year. Under current legislation, persons suspected of trafficking for sexual exploitation would be convicted under one of the sexual crimes laws noted above or another law (i.e., criminal association). A person convicted of trafficking an adult (defined in Chile as recruiting a prostitute across an international border) can be sentenced to three years and a day up to five years. The range increases to five years and a day to 20 years in cases which would be considered TIP by USG law: if violence or intimidation were used if deceit, abuse of authority or trust were used if the convicted person is a relative, spouse, guardian of the victim or in charge of his/her care if convicted of trafficking a minor for sexual exploitation if the trafficker took advantage of the victim’s economic situation or if the trafficker has demonstrated a pattern of such criminal conduct.
21. (SBU) Question 25 C: No change from last year. Trafficking for labor exploitation is not currently identified in Chile’s criminal code. The only penalty given to people who have used trafficking victims to provide labor is a fine for illegal immigration. Even this fine is rarely imposed because victims must first be discovered by the police, and must be shown to be here illegally. This rarely happens. [Bolivian and Peruvian victims, for example, rarely self-identify as they often do not consider themselves victims since their situation may be no worse that it was in their country of origin]. Then, the immigration officer who made the discovery must testify in court against the farm/business owner employing the trafficking victim. Given limited resources, such effort is rarely made. The government does not actively investigate most cases of labor trafficking because it not a crime in Chile. Slavery is a crime in Chile, and if authorities were to detect instances of such a crime, Post believes they would act. All recent cases of labor trafficking, however, have not involved holding people against their will, but changing the circumstances (salary, hours) of their employment.
22. (SBU) Question 25 D: No change from last year. The penalties for rape and forcible sexual assault, five years and a day to 20 years as defined under Penal Code Law 19.927, Article 361, are comparable to those for sex trafficking.
23. (SBU) Question 25 E: From April to December 2008, the government opened 104 TIP cases. Nineteen cases dealt with soliciting sex with minors, 75 cases dealt with promoting or facilitating prostitution of minors, and 10 cases dealt with cross-border trafficking in persons. Of the 104 cases, 68 are still pending and 36 have been closed. Fifteen cases went to court and 10 cases ended in convictions — five in cases of soliciting sex with minors, three in cases of promoting or facilitating sex with minors, and two in cases of cross-border trafficking in persons. The convictions resulted in sentences that ranged from fines to 30 months in jail. In the two cross-border trafficking cases, the victims were recruited in Chile to work as prostitutes in Spain.
24. (SBU) Question 25 F: The government provides limited training to government officials in how to recognize, investigate, and prosecute instances of trafficking. The PDI distributes a TIP training manual to all investigators to explain the causes, methods, and signs of trafficking. Three Chilean officials participated in the October 2008 TIP workshop sponsored by ILEA in Lima, Peru. Six Chilean officials are scheduled to participate in the March 2009 ILEA TIP course.
25. (SBU) Question 25 F: Chile’s Public Prosecutor’s Office, through the Association of Iberian-American Public Prosecutors, hosted an international TIP summit in December 2008. The summit included presentations from UN officials, NGO experts, and public prosecutors from around the region with panels focusing on investigations and prosecution of TIP and victims assistance efforts. MP representatives and other law enforcement officials attended the summit to learn about international efforts to combat TIP and promote international cooperation. U.S. speakers from the FBI, the Houston Prosecutors’ office, and the Resident Legal Advisor from Embassy Mexico City participated in the summit. A declaration was drafted and signed at the summit by the Public Prosecutors from around the region.
26. (SBU) Question 25 F: IOM provided training to Chilean law enforcement officials throughout the year. In many of these training sessions the Embassy-sponsored film «»Human Trafficking»» was used as an introduction and discussion-generating tool. IOM most recently gave a two-day TIP session in November with the Carabineros’ Directorate of Police Protection of the Family (DIPROFAM) for more than 100 police. MP officials also provided instruction during the training. Also in November, IOM staff provided two-day TIP training to public prosecutors and other public
officials from the southern provinces of Chile and Argentina in the city of Coyhaique, during the III Extraordinary Meeting of the Commission on Judicial Cooperation in penal Matters. The meeting was organized by the Aysen Regional Prosecutors’ office. In July in the city of La Serena, the MP organized IOM training for 20 sex-crimes prosecutors, legal assistants, and professionals from the
Public Prosecutor’s Division of Attention and Protection of Victims and Witnesses (URAVIT) from around the country on commercial sexual exploitation of children (CSEC) and TIP.
27. (SBU) Question 25 F: NGOs also provided specialized TIP training to government officials. NGO Raices trained approximately 200 Carabineros who work near Chile’s borders in 2008 in recognizing trafficking victims.
28. (SBU) Question 25 G: Chile cooperates with other governments in the investigation and prosecution of trafficking cases. The MP and PDI have worked with their counterparts in Peru, Paraguay, and Spain to investigate and prosecute trafficking cases. Promoting international cooperation was one of the primary goals of the Inter-American Public Prosecutor’s Summit (see paragraph 25).
29. (SBU) Question 25 H: No change from last year. Chile has extradition treaties with many countries, and does extradite individuals for criminal offenses on a case-by-case basis. The U.S.-Chilean extradition law is over 100 years old and extremely limited. The U.S. and Chile are discussing a new extradition treaty to facilitate law-enforcement cooperation and extradition of Chilean nationals wanted on charges in the U.S. Post is not aware of any cases in which third countries have requested the extradition of individuals, whether Chilean or other nationality, for trafficking offenses.
30. (SBU) Question 25 H: In October 2008 Brazil extradited Rafael Maureira, known as «»Sakarach,»» to Chile. Maureira fled Chile after being sentenced to 20 years in prison for his participation in a pedophile and child pornography ring. In Chile’s first-ever case against such a network, the Santiago Appellate court, on December 19, 2008, increased the sentences against Maureira and two others to life in prison for the production and distribution of child pornography, sexual abuse and rape of minors, and illicit association. Experts characterized the high penalties as historic.
31. (SBU) Question 25 I and J: There is no evidence of government involvement in or tolerance of trafficking on a local or institutional level.
32. (SBU) Question 25 K: No change from last year. Prostitution is legal in Chile. Prostitutes must be at least 18 years old, registered with the National Health Service, and undergo monthly medical examinations. It is illegal to operate a brothel, pander or pimp. These acts violate sanitation laws — not criminal laws — and, as such, do not carry criminal sentences. It does not appear that brothels, pimps or panderers are actively investigated or forced to dismantle their business unless a complaint is filed, or a specific accusation is made of an additional crime (such as trafficking). Recruiting people, including adults, into or out of Chile for the purpose of prostitution, however, is codified as a crime in Chile’s penal code.
33. (SBU) Question 25 L: Chile currently has soldiers deployed abroad in a peacekeeping mission in Haiti. There is no evidence that Chilean forces engaged in or facilitated severe forms of trafficking or exploited victims of such trafficking. Post believes the government would vigorously investigate and prosecute forces if abuses took place.
34. (SBU) Question 25 M: Chile does not have an identified child sex tourism problem. Chilean nationals engaging in child sex tourism can face criminal charges on return to Chile, but there have been no such cases to date. SENAME is in the process of establishing a Technical Assistance Agreement with the National Tourism Service (SERNATUR) in order to develop an inter-agency plan of action to prevent the commercial sexual exploitation of children and to raise awareness in the tourism sector.
PROTECTION AND ASSISTANCE TO VICTIMS
35. (U) Question 26 A: No change from last year. The GOC will not deport victims who desire to remain in Chile during legal proceedings against their traffickers. Once a case is concluded the victim may apply for legal migratory status (residency), but could still face deportation or expulsion to his/her country of origin. IOM officials point out that, due to the lack of awareness among border and other law enforcement officials, it is likely that some trafficking victims go unidentified and are simply deported. IOM facilitates and funds the voluntary repatriation of foreign victims through its Assistance to Victims of Trafficking (AVOT) program. In the case of a minor victim, the GOC (SENAME) works with the government of the country of origin to ensure that the victim will be returned to family so that the minor is not simply re-trafficked. SENAME provides shelter for the minor during the coordination process with the relevant government (most often Peru or Bolivia).
36. (U) Question 26 B: There are no government-run shelters or drop in centers, nor are there specialized facilities dedicated to helping adult victims of trafficking. The GOC provides victim assistance to trafficking victims and other victims of violent crime regardless of nationality.
37. (U) Question 26 B, C: Juvenile victims are assisted by SENAME and its network of NGO programs and centers that provide rehabilitation, counseling and other services. Juvenile courts direct the placement of a juvenile victim in a particular program. Where possible, without placing the child at risk, SENAME tries to place juvenile victims in rehabilitation with family or in foster care. SENAME has residential centers throughout the country for children and youth who cannot be placed with family or in foster care, although these centers are not specialized for CSEC victims. It also has four specialized residential centers with space for 72 minors in «»highly complex»» situations, including TIP. These centers are located in the Atacama, Maule, Los Lagos and Metropolitan regions.
38. (U) Question 26 B, C: Minor victims of commercial sexual exploitation receive specialized attention at one of 14 SENAME CSEC centers located in 9 of Chile’s 15 regions, which had a budget of nearly USD 2 million in 2008 and space for a total of 684 children and adolescents. It also runs 47 «»Specialized Integral Intervention»» programs for at-risk children and youth in 14 of Chile’s 15 regions, including (but not limited to) victims of commercial sexual exploitation. SENAME has space to assist approximately 2100 children nationwide and put roughly USD 5.8 million into these programs in 2008.
39. (U) Question 26 C: In the case of adult victims, the MP’s Division of Attention and Protection of Victims and Witnesses (URAVIT) manages the care of trafficking victims. This program employs professional psychologists and medical personnel to ensure victims receive appropriate support and may refer victims to other government or NGO assistance programs as appropriate. If the victims are in a relatively isolated district in which the MP does not have solid medical referrals within the state system, the MP will hire a medical doctor or psychologist out of its budget. The MP will secure hotel rooms for victims and facilitate their participation in the investigation and an eventual trial. The URAVIT has its own budget, designated separately from the rest of the MP budget. The MP does not break down this budget by crime type.
40. (SBU) Question 26 C: Marcela Neira, the head of the MP’s URAVIT stated in a presentation at December’s international TIP summit (see paragraph 25) that the URAVIT’s current challenge is to design and implement specialized attention to TIP victims within their mandate to protect the victim and facilitate his or her participation in the trial process. Neira recognized that specialized protection for TIP victims is an incipient area for the URAVIT, but they have a basis for building up expertise in the MP’s specialized program for protection of victims at special risk (organized crime cases). Neira described the need for a network of safe shelters specifically for TIP victims, for economic support for victims after their participation in the trial, and for interagency coordination. Following Neira’s presentation, two URAVIT staffers presented case experiences of assisting trafficking victims in the cities of Iquique and Punta Arenas. In both cases the URAVIT coordinated with the lead prosecutor, the PDI, and IOM.
41. (U) Question 26 C: The Ministry of the Interior runs Centers for Assistance of Victims of Violent Crime (CAVDV) in the Santiago Metropolitan Region and one in Concepcion. These centers provide information to victims and make referrals to other government or NGO assistance programs as needed. The CAVDV also runs a toll-free hotline. JENAFAM has a Center for Attention to Victims of Sexual Abuse within its Criminology Institute (INSCRIM/CAVAS) which provides counseling and psychological assistance, with a special focus on minors.
42. (U) Question 26 E: There are no long term government shelters or housing benefits available to trafficking victims.
43. (U) Question 26 F: Yes, see paragraph 39.
44. (U) Question 26 G: There are no centralized statistics available on the number of TIP victims nor how many are referred to assistance programs. All adult victims detected by law enforcement are assisted by the URAVIT and all child victims by SENAME. Nearly all NGOs that assist TIP victims receive some government funding.
45. (U) Question 26 H: The government’s law enforcement, immigration, and social services personnel do not have a formal system of pro-actively identifying victims of trafficking. Most victims are discovered by NGOs or IOM, who then refer the case to the government. In some cases a counterpart law enforcement agency in a neighboring country will provide notification about potential victims in Chile. The PDI has an outreach program to educate sex-workers (see paragraph 53) about trafficking, but it is not a formal system to identify victims. IOM works with the Ministry of Health to raise awareness among health workers who treat sex workers regarding TIP.
46. (U) Question 26 I: No change from last year. Trafficking victims are generally not treated as criminals or prosecuted for crimes they committed as part of their trafficked condition (i.e. prostitution or immigration/work permit violations). Victims’ names are generally not released, although they are recorded by their initials in public records. Victims, particularly juvenile victims, can be placed in protective custody. Adult victims are generally referred to a regional MP victims’ assistance program and provided shelter, food, and other services. Victims of labor exploitation are simply deported, since there is no law under which to try their traffickers.
47. (U) Question 26 J: The MP encourages victims to assist in the investigation and prosecution of their traffickers. Many assistance programs for juvenile victims attempt to elicit information from victims for use in prosecutions. Victims may file civil suits against traffickers for damages. Cross-border trafficking victims are not allowed to work while the investigation and prosecution of their trafficker(s) are underway. Trafficking victims are allowed to leave the country if not facing other charges. In fact, victims may testify before a judge, prosecuting attorney, and defense attorney on tape, providing testimony to later be used at trial. The MP can request permission from a judge to allow foreign victims to stay in Chile to help with the investigation or to testify. However, thus far the MP has determined it more practical and humane to allow the victim to return home rather than living in limbo for the period of the trial. SENAME funds seven legal representation projects for minors who have experienced abuse or whose rights have been violated, including CSEC or TIP victims. Lawyers from the projects will represent the minor in court and seek restitution.
48. (U) Question 26 K: No change from last year. Members of the MP’s URAVIT (which has offices in all 15 of Chile’s regions and the Santiago Metropolitan Area) are trained to work with victims of crime, as are the officers within the PDI and Interpol that work with victims of sexual crime. SERNAM provides training to law enforcement, health care, and social service personnel on dealing with victims of domestic violence. The MP, PDI’s JENAFAM and Carabineros’ DIPROFAM have been active in seeking TIP training from IOM, which includes identifying victims (see answers to question 25 (F) for an account of training provided by IOM).
49. (U) Question 26 L: No change from last year. In the past, the GOC, through the MP and SENAME, provided counseling and financial aid to Chileans who had gone to Spain to be prostitutes, but found themselves in a trafficking situation.
50. (U) Question 26 M: The following local NGOs and international organizations work with trafficking victims: –(1) International Organization for Migration (IOM): Provides training to GOC officials, research, public awareness campaigns, support for specialized NGO centers, voluntary repatriation of foreign victims (AVOT) and lobbying on draft TIP legislation.
–(2) Raices (Roots): The premiere NGO working in trafficking issues, it works with the GOC, UNICEF and UNESCO. Raices receives about USD 150,000/year to run a treatment center in which it provides counseling for victims of sexual exploitation and their families, health care, and educational support. It typically works with children for at least three years, and treats about 60 children at a time.
–(3) Fundacion Instituto de la Mujer: Focuses on research on female immigrants and migrants.
–(4) Corporacion de Desarrollo de la Mujer La Morada (Corporation for Women’s Development): This feminist NGO runs a Clinical and Research Center that provides psychological and medical evaluation and counseling. Its Violence Reparations Unit provides specialized attention to women and children who have been victims of domestic violence, sexual violence and abuse, including TIP. This unit has cooperative agreements with several public prosecutors’ offices in the Santiago Metropolitan Area to provide assistance to victims and witnesses.
–(5) Corporacion Humanas: They are a human rights and women’s rights group that does research on TIP and international litigation. Most funding comes from the Ford Foundation and Oxfam International.
–(6) PAICABI: Provides care for about 500 children who are victims of sexual exploitation or any sort of violence in the coastal cities of Vina del Mar, Valparaiso and La Serena. Its programs are partially funded by SENAME and are part of SENAME’s CSEC centers.
–(7) The Diocese of San Felipe: Runs one of SENAME’s CSEC centers, Markaza, in the border city of Los Andes. Markaza specializes in the detection and prevention of TIP.
51. (U) Question 27 A: The government conducted anti-trafficking campaigns during the reporting period. On October 19 the Ministers of SERNAM and Public Works opened an anti-TIP campaign targeted at potential trafficking victims at Santiago’s international airport. The Ministers passed out flyers with prevention information and recommendations to departing travelers waiting in the immigrations processing. In addition to the flyers, the campaign included a video shown on closed circuit television at Chile’s principal airports. The campaign materials were also available at Chile’s main border crossings and at bus terminals in the regions of Arica, Tarapaca, Antofagasta Valparaiso Puerto Montt, Aysen and Magallanes. The campaign ran until the end of 2008.
52. (U) Question 27 A: PDI, IOM, and Embassy Santiago screened the movie «»Human Trafficking»» at the Police Academy (ref B) in June 2008. The audience consisted of approximately 750 police officers, human rights workers, prosecutors, academics and social workers. IOM and the PDI followed the film with a forum on the problem of TIP in Chile that included a lively question and answer session. The film was subsequently shown to prosecutors by IOM on two other occasions (see paragraph 26) and by the PDI in an awareness-raising event in the city of Ovalle. The Embassy also lent the film to Gendarmeria (prison guards) officials for an internal screening.
53. (U) Question 27 A: PDI and IOM conducted an outreach program called «»Sex Workers as Prevention Agents in TIP»». The program trained sex workers to recognize victims of trafficking and enlisted their help to serve as sources for the police. PDI started the program in 2007 in Santiago, where it was highly successful. During the reporting period, PDI expanded the program to five other regions in the northern and southern parts of Chile, reaching approximately 225 sex workers. PDI reports the program has significantly raised awareness and increased cooperation on TIP issues.
54. (U) Question 27 A: PDI distributed a brochure and improved its web site to raise TIP awareness. The brochure is titled Trafficking in Persons — Closer than You Imagine»» and its posters depicted a young woman with her backpack at the departures area of the airport with the slogan «»Don’t let your dreams be turned into a nightmare.»» The brochure offers background information on TIP, explains the most common methods used by traffickers, describes potential victims, and provides contact information for the police. It is distributed at PDI events and made available to PDI units across the country. The web site offers similar information and allows visitors to download anti-trafficking materials. Links to the website are prominently featured on the main page of JENAFAM, the investigative police unit in charge of trafficking
55. (U) Question 27 A: Raices, with funding from a private foundation, trained approximately 500 local level authorities in 2008 on «»Strengthening prevention and protection capacity in the commercial sexual exploitation of children.»» The training consisted of three-day workshops for public health and public school workers, child protection and health agency workers, and family court and regional prosecutor officials in seven low and middle-income municipalities of the Santiago Metropolitan Region. Three of the organizations involved began their own awareness-raising initiatives after the training.
56. (U) Question 27 B: No change from last year. Immigration controls are well developed, particularly in the airports, seaports and along the borders with Peru and Bolivia. The GOC monitors immigration and emigration for unusual patterns. However, due to the length of Chile’s border, much of it uninhabited stretches of mountains or desert, it is nearly impossible to monitor all movement of persons. The Policia Internacional (International Police), part of the PDI, is responsible for immigration matters and border security. They are concerned about illegal migration, alien smuggling and human trafficking. The immigration police appear well trained, and frequently detect cases of document fraud and other irregularities.
57. (U) Question 27 C: The Interagency Working Group on TIP (paragraph 15) is the mechanism charged with coordinating and communicating trafficking-related matters between different agencies. In mid-2008 previous coordinator Felipe Simonsohn left the Ministry of Interior and was replaced by new TIP coordinator, Jorge Vio.
58. (SBU) Question 27 D: The Interagency Working Group on TIP is developing recommendations to coordinate and improve Chile’s anti-trafficking efforts. While Simonsohn had discussed formulating a national plan during 2008, there is no indication that the process of developing such a plan has begun. The strategic focus of the group is to increase productivity, promote interagency cooperation, and improve operational management.
59. (U) Question 27 F: SENAME re-ran a national public awareness campaign (begun by the ILO in 2006) «»There is no Excuse,»» on how sex with a minor is a crime.
60. (SBU) Question 27 G: No change from last year. Chile provides rigorous oversight of its own forces involved in peacekeeping operations (PKOs), going beyond UN requirements. All Chilean (military and civilian) personnel deploying to a PKO must attend pre-deployment training offered at CECOPAC (the Chilean Joint Center for Peacekeeping Training). CECOPAC follows the UN Standard Generic Training Modules (SGTM), and provides additional training on practices such as human rights, trafficking in persons, and compliance with internationally recognized law and order regulations. The Chilean contingent in Haiti includes members of the Carabineros and the PDI working with the UN Police and under the UN Commander. In addition to the UN Police presence, the strict standards and rules of conduct placed by the UN Force Commander call for constant monitoring for compliance on human rights issues by the UN contingent on the ground.
61. (U) POC for trafficking is EPoloff Patrick Fischer, phone extension 3394, fax number 56-2-330-3118
62. (U) Time spent on this report by Embassy Santiago is as follows:
— EPol specialist (LES-10): approximately 40 hours
— EPoloff (FS-04): approximately 35 hours
— Poloff (FS-02): approximately 4 hours
— EPol Counselor (FS-01): 1 hour