US embassy cable - 04QUITO2252

UNCLAS QUITO 002252 
 
SIPDIS 
 
FOR G/TIP, WHA/PPC, WHA/AND 
 
E.O. 12958: N/A 
TAGS: PHUM, PGOV, PREL, EC, Trafficking 
SUBJECT: ECUADOR'S TIP CZAR GOES TO THE PRESS 
 
REF: QUITO 2198 
 
1.  Summary.  Ecuador's TIP Coordinator, the Minister of 
Government Baca, cooperated with the country's largest 
newspaper for a front-page article recognizing the TIP 
problem and laying out a plan to combat it, including penal 
code reforms.  The reforms are a significant step forward and 
comply with US standards.  Minister of Government Baca's 
pro-active actions and his commitments to the Ambassador 
reflect his leadership on the issue.  He subsequently 
provided Post with significant documentation of the GOE's 
projects and plans to combat TIP.  End Summary. 
 
2.  El Universo, Ecuador's largest newspaper, featured a 
front-page story on TIPs on August 12.  Sources within the 
Ministry of Government told us the Ministry had initiated the 
article and worked with the local press to ensure it was 
published by the Post-requested deadline.  The article 
focuses on Baca's leadership as TIP Coordinator, as well as 
GOE proposed legal reforms and penalties for commercial 
sexual exploitation of minors (CSEM) and TIP.  The article 
summarizes the results of the International Labor 
Organization's study and mentions a police report on law 
enforcement activities in July and August 2004 aimed at 
combating CSEM. 
 
4.  The article's salient points are the following: 
 
- The Ministry of Government will present a bill to Congress 
that reforms the penal code and attempts to punish and 
eliminate CSEM.  The document makes significant reforms to 
the penal codes of children and adolescents, health, and the 
Tourism Law. 
 
- The Ministry of Government has been working to combat CSEM 
for nine months, and the Ministry of Labor is actively 
involved in projects to eradicate child labor. 
 
- All parties (including clients) involved in sexual tourism 
with minors will be held  legally responsible.  Tourism 
providers, hotels, airlines, and land and sea transport 
providers that are aware their services are used for sexual 
tourism will be subject to criminal penalties if they do not 
notify police. 
 
- The reforms change the definition of a minor to include 
persons from 14 to 18 years old. 
 
- Minors who are victims of sexual exploitation can 
criminally charge their pimps for 10 years after the victim 
has turned 18.  Victims determine when they are 
psychologically ready to testify. 
 
- Establishments where minors are engaged in sexual 
exploitation will be closed permanently and fined.  Current 
legislation does not allow prostitution houses to be closed 
and by default allows establishments to employ minors if 
their papers are in order. 
 
5.  Ambassador Kenney spoke with Baca on August 11 and was 
very encouraged after the conversation.  Baca stressed his 
long-time commitment to working against TIP and said the 
presidential decree would be issued during the week of August 
16.  As Baca promised in the call, Post received additional 
TIP documentation on August 12.  The contents illustrate the 
GOE's commitment to combating TIP and the particular concern 
for minors who are victims.  A letter from Baca to the 
Ambassador states the Ministry of Government has been 
coordinating an interagency process to develop a plan to 
combat TIPs since January.  In particular, the group has 
worked on a bill reforming the penal code to present to 
Congress. 
 
6.  Comment.  In our view, the El Universo article confirms 
the GOE's public commitment to combating TIP and Baca's 
pro-active role as the GOE TIP Coordinator.  The article and 
documents constitute the substance of what will become the 
GOE's National Plan to combat TIP.  We continue to work 
closely with Minister Baca and other GOE officials to 
encourage their efforts and suggest additional actions.  Both 
the de facto press release and naming of a TIP Coordinator 
are critical steps completed on the 60-day action plan.  End 
Comment. 
KENNEY