US embassy cable - 04QUITO2198

UNCLAS SECTION 01 OF 02 QUITO 002198 
 
SIPDIS 
 
FOR G/TIP, WHA/PPC, WHA/AND 
 
E.O. 12958: N/A 
TAGS: PHUM, PREL, PGOV, EC, Trafficking 
SUBJECT: ECUADOR MOVING FORWARD ON COMBATING TIP 
 
REF: QUITO 2018 
 
1.  Summary.  A State Department Trafficking in Persons (TIP) 
delegation visited Ecuador from July 30 to August 4.  Their 
agenda included a series of meetings with high-level GOE 
officials (the Ministers of Government and Labor), a 
congresswoman, different units of the police, the MFA, and 
several NGOs, including the International Labor Organization 
(ILO).  The GOE provided additional information about its 
efforts and is working hard to combat TIP.  The delegation 
members were impressed by GOE officials' genuine concern 
about the issue and believe the political will exists to 
fight it.  Full implementation of the action plan remains a 
concern, however.  End Summary. 
 
2.  Rachel Owen of the G/TIP office and Eric Falls of WHA 
visited Ecuador from July 30 to August 4, 2004.  Ecuador 
earlier had earned a Tier 3 TIP rating.   The purpose of the 
visit was to gauge the GOE's progress on a 60-day action plan 
to reclassify Ecuador to the Tier 2 Watch List. 
 
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MINISTER OF GOVERNMENT IS NEW TIP COORDINATOR 
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3.  The TIP delegation first called on Minister of Government 
Raul Baca.  Baca has demonstrated a highly sophisticated 
understanding of TIP.  He began studying the problem in 
January, a full five months before Ecuador was placed on the 
report.  Baca presented the TIP team a diagram explaining the 
nature of the problem and pages of judicial reforms needed in 
the penal code.  He was very concerned that the law be 
amended to mandate that adults engaged in commercial sexual 
exploitation of minors (CSEM) are sufficiently punished. 
Additionally, Baca's office had studied the Internet 
distribution of child pornography and found occurrences in 
Quito. 
 
4.  When asked when Ecuador would name a TIP Coordinator, 
Baca was confused and said he is the TIP Coordinator.  He 
said his mandate is obvious and did not understand why a 
written document was needed.  However, he agreed to seek an 
"official" nomination. 
 
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ON THE LEGISLATIVE FRONT 
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5.  The Baca call was followed by a visit to Congresswoman 
Jacqueline Silva.  Silva has submitted a bill, which is 
currently in committee, to define TIP and institute penalties 
against traffickers.  The draft earlier had been reviewed by 
the American Bar Association (ABA), and Silva had amended it 
to include the ABA's suggestions.  She believes the bill will 
enter the first debate in November.  Ecuador's Congress 
recently began a one-month vacation, but Silva is making a 
strong effort to place the bill on the docket as early as 
possible. 
 
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POLICE PROMISE TO CONTINUE RAIDS OF PROSTITUTION HOUSES 
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6.  At a joint meeting between DINAPEN (a police unit 
dedicated to protecting children), COAC (an anti-alien 
smuggling unit the USG trains and financially supports), the 
Ministry of Social Welfare, CONAMU (the National Commission 
Advising on Women's Issues), AID, and other USG officials, 
DINAPEN promised to conduct additional raids of prostitution 
houses.  They also said they had conducted weekly raids of 
prostitution houses for some time. 
 
7.  The police affirmed their commitment to fighting CSEM but 
were concerned about a lack of social services for rescued 
victims.  In response, the Ministry of Social Welfare offered 
a building in southern Quito as a shelter.  AID provided 
DINAPEN with a list of NGOs and encouraged the police to work 
with those able to provide shelter and/or counseling.  The 
director of ALISEI, an Italian NGO with experience fighting 
TIP in Africa, said psychologists at their existing migrant 
centers in Quito, Guayaquil, and Cuenca could counsel victims. 
 
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PRESIDENTIAL DECREE AND PRESS BULLETIN COMING 
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8.  On day two, the team called on the MFA's migration and 
human rights offices.  The MFA diplomats are equally commited 
to combating TIP and promised to meet with the embassy of 
Spain, a destination country for trafficked Ecuadorians, and 
also the embassies of Colombia and Peru, source countries, in 
the next week. 
 
9.  Additionally the MFA presented the visitors with a copy 
of a presidential decree against TIP.  The version is the 
final draft and should be signed at a cabinet meeting on 
August 9.  The decree makes important advances by naming a 
TIP coordinator and establishing a committee of government 
agencies to eradicate TIP. 
 
10.  In addition to these steps, the MFA and President 
Gutierrez's spokesperson agreed on the critical need for a 
public statement against TIP.  A public service announcement 
by the Ricky Martin Foundation denouncing TIP already has 
aired on local stations.  They noted the press secretary is 
planning additional showings. 
 
11.  The TIP team's final call was with Magne Swartbekk, head 
of the ILO's mission.  Through the U.S. Department of Labor, 
the ILO has approximately $150,000 to combat CSEM.  Swartbekk 
explained the organization will begin a project in Machala 
shortly.  The action plan is being written, and the goal is 
to reform legislation at the municipal level and train 
politicians about the problem.  Furthermore, Swartbekk noted 
the ILO will train local police in seven provinces in 
September and include information on using an integrated 
approach to CSEM raids by working with NGOs in law 
enforcement activities.  The GOE also is contributing 
funding.  Along these lines, the Minister of Labor has 
established an interinstitutional committee to eradicate 
child labor. 
 
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COMMENTS AND SHORT-TERM EMBASSY ACTIONS 
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12.  Post too was impressed by the GOE's commitment to combat 
TIP and sophisticated understanding of the issue.  The GOE 
has taken important steps toward combating the problem 
despite difficulties with a legalistic culture and very 
limited resources.   Now comes the hard part - implementation. 
 
13.  Baca and Silva's efforts to seek legislative remedies 
are understandable in Ecuador's highly legalistic 
environment.  They likely believe them important first steps. 
 While legislative change is necessary, it should occur 
concurrently with other efforts.  We will show strong support 
for their proposals, however, in our regular interaction with 
Congress.  In regards to law enforcement actions, the Embassy 
has received weekly reports from the police on their raids 
but finds the format difficult to understand.  The Embassy 
will work with the police to summarize the information in a 
clear manner and pass it to G/TIP. 
 
14.  Post will continue to push the GOE for concerted 
efforts, and key among them the press release, and report on 
new developments.  End Comment. 
 
15.  The Trafficking in Persons delegation did not clear this 
message before departing Ecuador. 
KENNEY