US embassy cable - 03SANTODOMINGO6166

UNCLAS SECTION 01 OF 02 SANTO DOMINGO 006166 
 
SIPDIS 
 
SENSITIVE 
 
DEPT FOR WHA/CAR (MCISAAC), WHA/PPC (FALLS), G/TIP 
(LINDERMAN) 
 
E.O. 12958: N/A 
TAGS: PHUM, PGOV, PREL, DR 
SUBJECT: DOMINICAN REPUBLIC ANTI-TIP ACTIVITIES SINCE 
PASSAGE OF NEW LAW 
 
REF: A. SANTO DOMINGO 5946 
 
     B. SANTO DOMINGO 4763 
     C. SANTO DOMINGO 4090 
 
SUMMARY 
--------- 
 
1. (U) Since passing a comprehensive law against trafficking 
in persons (TIP) and alien smuggling in August, the GODR has 
taken steps to prevent trafficking, protect victims and 
prosecute offenders.  New legislation provided impetus for 
action by government officials, civil society and 
international organizations.  Local press continues to 
spotlight trafficking-related stories, with special emphasis 
on the recently passed legislation and cases involving sexual 
exploitation of minors who might be trafficking victims.  The 
Secretariat of Foreign Relations, National Police, and other 
 
SIPDIS 
official entities are communicating better and exchanging 
information.  This increased cooperation recently led to the 
swift arrests of accused traffickers of Dominican girls to 
Haiti.  End Summary. 
 
GOVERNMENT MINISTRIES STEP UP TO THE PLATE 
------------------------------------------ 
 
2. (U) Since passing a comprehensive law against trafficking 
in persons (TIP) and alien smuggling in August of 2003, the 
GODR has taken steps to prevent trafficking, protect victims 
and prosecute offenders.  With leadership from the Director 
of Women's and Children's Issues, Ambassador Luisa "Chiqui" 
Vicioso, the Secretariat of Foreign Relations (MFA) has 
assumed a more active role in addressing TIP issues. 
Ambassador Vicioso's office organizes monthly meetings for a 
newly created "Network to Combat Trafficking in Persons and 
Smuggling," the first of which were held in September and 
October.  The network includes the heads of the new 
specialized trafficking units at the National Police and the 
Attorney General's office and reps from the Migration 
Directorate, the secretariats of the Armed Forces, Tourism, 
Labor, and Women, the National Council for Children and 
Adolescents (CONANI), NGOs and international organizations. 
Network members share updates on their activities and 
suggestions for next steps.  During the October meeting, the 
MFA reported sharing a tip with the National Police anti-TIP 
unit on a suspected trafficker of Dominican girls to Haiti, 
who consequently was arrested less than 24 hours after the 
notification. 
 
3. (U) The Secretariat of Tourism is combatting TIP with 115 
inspectors who monitor the industry for human rights abuses. 
The secretariat has improved its collaboration with 
international contacts, especially in destination countries, 
to investigate trafficking rings that promote the Dominican 
Republic for sex tourism.  This collaboration led to the 
recent discovery of at least three Internet trafficking rings 
that advertise small hotels in Sosua, a popular tourist beach 
town on the north coast.  Prosecution of such crimes is 
difficult, because they typically involve foreigners 
organizing activities on the Internet from overseas to be 
carried out by local accomplices.  The Tourism Secretariat 
also works closely with the National Hotel and Restaurants 
Association (ASONAHORES) to train hotel/resort staffs about 
trafficking and penalties.  The secretariat also works with 
the International Labor Organization (ILO) on its recently 
launched program against commercial sexual exploitation in 
Boca Chica and Puerto Plata (see ref B). 
 
NATIONAL POLICE ANTI-TIP UNIT IN PURSUIT 
---------------------------------------- 
 
4. (U) The anti-TIP unit at the National Police was 
officially inaugurated August 20, with the announcement that 
Major Ramon Hernandez Peralta would be in charge of the unit. 
 (Note: Post previously reported that Col. Jose Polanco would 
be in charge.  Col. Polanco is actually in charge of the 
National Police Couterfeit Investigations Department, in the 
same building where the anti-TIP unit is physically located. 
Major Hernandez Peralta reports to Col. Polanco.  End Note.) 
Since official operations began, the Police anti-TIP unit has 
arrested at least 10 alleged alien smugglers (including a 
clergyman) and five alleged traffickers.  The unit has a 
staff of 13.  Currently, Counterfeit Investigations 
Departments countrywide send trafficking cases to the 
anti-TIP unit headquartered in Santo Domingo.  There are 
plans to establish anti-TIP units in as many provinces as 
possible.  Major Hernandez has established credibility within 
a relatively short period; he has responded quickly to tips 
provided by emboffs and the Foreign Secretariat.  The unit 
also sends monthly activity reports to the Embassy, an effort 
that is welcomed. 
 
ATTORNEY GENERAL'S ANTI-TIP UNIT WORKING HARD 
--------------------------------------------- ----- 
5. (SBU) The anti-TIP unit at the Attorney General's office 
is also hard at work.  Within the anti-TIP unit there is a 
specialized office to handle trafficked minors who are 
victims of commercial sexual exploitation. This office is 
staffed with 3 lawyers, 3 members of the Armed Forces and one 
member from the National Prosecutor's office.  Crisalida 
Diaz, head of the commercial sexual exploitation office, told 
Poloff that although the general public is not aware the 
office exists, at least eight trafficking cases have been 
received and are under investigation.  There also seems to be 
a difference of opinion regarding which law will be used to 
prosecute traffickers such as Guillermo Radhames "Ramos" 
Garcia (see ref A).  According to Diaz, infractions that 
occurred prior to August 7 (when the anti-TIP law was signed 
by President Mejia) will be adjudicated based on pre-existing 
law.  In an earlier separate meeting with poloffs, the 
Attorney General implied that the new law would be applied to 
the Garcia case.  However, Diaz added that in some high 
profile cases where the crime warrants stricter penalties, 
the Supreme Court could intervene to apply the new law. 
 
 
AND CIVIL SOCIETY IS ALSO INVOLVED... 
------------------------------------- 
 
6. (U) With assistance from USAID, local NGO Institutionalism 
and Justice Foundation (FINJUS) held seminars about the new 
anti-TIP law in October.  The press widely covered these 
seminars, and in one instance included a lengthy interview 
with IOM Chief Juan Artola, who warned that the Dominican 
Republic could face Tier 3 sanctions from the United States 
next year if the GODR does not use the new law to prosecute 
public officials involved in trafficking.  The press has also 
provided detailed coverage of developments regarding the case 
of Congressman Guillermo Radhames "Ramos" Garcia, who is free 
but scheduled for trial for alien smuggling charges. 
 
COMMENT 
------- 
 
7. (SBU) The GODR is addressing trafficking problems.  Some 
public officials are clearly engaged, while others need more 
coaxing.  Bureaus within the MFA, for example, will need to 
communicate better to address potential internal corruption 
by Dominican consular officials abroad.  An ongoing challenge 
will be ensuring that key actors, including police officers, 
prosecutors and judges, are properly trained to implement and 
uphold the new law against trafficking and smuggling.  As the 
economy continues to plunge, however, more Dominicans are 
likely to be victimized by traffickers and smugglers offering 
lucrative "job opportunities" in foreign countries. 
HERTELL