US embassy cable - 04QUITO2519

UNCLAS SECTION 01 OF 02 QUITO 002519 
 
SIPDIS 
 
STATE FOR WHA/PPC, WHA/AND, AND G/TIP 
 
E.O. 12958: N/A 
TAGS: PHUM, PGOV, PREL, EC, Trafficking 
SUBJECT: ECUADOR CONTINUES TO MOVE FORWARD ON TIP 
 
REF: QUITO 2447 
 
1. Summary. Ecuador continues its strong fight against 
trafficking in persons (TIP), commercial sexual exploitation 
of minors (CSEM), and child pornography and has made 
additional progress since the last update.  Congress is 
reviewing penal code reforms to change the definition of a 
minor to a child under 18 years of age and strengthen the 
GOE's laws against TIP.  Efforts to develop victim services 
continue, and a shelter will open in Machala by the end of 
October.  The police continue to conduct raids on 
prostitution houses and nightclubs on a regular basis.  A 
number of newspaper articles also illustrated the importance 
of TIP in Ecuador.  End Summary. 
 
PENAL CODE REFORMS SENT TO CONGRESS 
----------------------------------- 
 
2. On September 6, the President sent a bill with penal code 
reforms to Congress.  (The bill was emailed to WHA/PPC on 
September 15.)  The bill was drafted by the Ministry of 
Government and references the Inter-American Convention on 
International Traffic in Minors, the U.N. Protocol on TIP, 
and the U.N. Convention on Organized Crime.  The bill changes 
the definition of a minor to a child under 18 years of age. 
It also allows the government to confiscate money and 
property gained from illegal prostitution, TIP, pornography 
and CSEM.  Clients of illegal prostitutes, persons who 
partake in sex tourism, and elements of the tourism industry 
that support sex tourism can be prosecuted. 
 
3. The Ambassador hosted a lunch for Codel Weller and members 
of Congress's Ecuadorian-American interests group on August 
12.  The Ecuadorian congresspeople initiated discussion of 
TIP and child pornography.  They expressed their support of 
anti-TIP legislation, and the Embassy will maintain 
Congressional contact to facilitate passage of the bill. 
 
VICTIM SERVICES A PRIME CONCERN 
--------------------------------- 
 
4. PolOff met with ILO Director Magne Svartbekk on September 
13.  He said the ILO's headquarters in Geneva is currently 
approving a proposal to open a shelter for TIP victims in 
Machala.  In the ILO's 2002 report, Machala was the third 
worst city in Ecuador for CSEM. The shelter is expected to 
open by the end of October, and PolOff will visit it soon 
after it opens. 
 
5. On September 14, the political section hosted a lunch to 
bring together NGOs and GOE officials to discuss services for 
TIP victims.  The participants analyzed the special needs of 
TIP victims and potential solutions.  Lack of funding is a 
prime concern, but USAID is committed to showing the GOE how 
existing resources can be used to help victims.  The Embassy 
will continue to meet with these groups and encourage them to 
design a realistic plan for providing services. 
 
FREQUENT RAIDS FIND MINORS IN PROSTITUTION HOUSES 
--------------------------------------------- ---- 
 
6. The unit of the police dedicated to protecting minors, 
DINAPEN, conducted an additional 33 raids from August 27 to 
September 1.  DINAPEN carried out these operations in 
brothels and nightclubs where minors work as prostitutes and 
rescued 30 minors.  The Embassy's DHS and AID offices will 
continue to assist DINAPEN in finding social services for 
rescued minors.  (Reports were faxed to WHA/PPC on September 
15.)  Highlights from the reports include the following 
information: 
 
--On August 27, police found 11 adolescents in a nightclub in 
Manabi province. 
--On September 1, four minors were found at an establishment 
in Guayas province. 
 
SUBSTANTIAL PRESS COVERAGE OF TIP CONTINUES 
------------------------------------------- 
 
7. TIP and child pornography continued to receive substantial 
press coverage.  Recent articles include: 
 
-- September 7: Quito's center-left "Hoy" (circ: 38,500) 
announced that the President presented TIP penal code reforms 
to Congress.  The article reports that the President urged 
Congress to analyze the proposals and pass them quickly. 
-- Quito's center-right "El Universo" (circ: 140,000), the 
country's most circulated newspaper, consistently updated the 
status of the Joseph Day child pornography case in a series 
of articles.  The most recent article was written on 
September 10.  The paper often has written articles about 
this case for several days in a row. 
 
-- September 11: According to "Hoy", the municipal government 
of Quito stated that registered prostitution houses have one 
month remaining to move to non-residential areas zoned for 
prostitution.  Residents of one neighborhood voiced their 
strong support for the zoning changes and said they would not 
allow sexual businesses to reopen in their neighborhood 
despite the industry's opposition. 
 
-- September 15: Quito's newspaper of record "El Comercio" 
(circ: 80,000), one of Ecuador's most prominent newspapers, 
reported that the city of Riobamba has developed a plan to 
assist adolescents engaged in prostitution.   Labor 
inspectors raided one prostitution house where minors work 
and discovered the facilities were in disrepair and had 
neither electricity nor potable water.  PolOff will follow up 
with municipal government officials to learn more about the 
plan and what services it will provide. 
 
-- September 15: Guayaquil's centrist "El Expreso" (circ: 
28,000) highlighted the Ministry of Government's actions to 
combat child pornography and sexual tourism after a computer 
expert found two child pornography websites originating in 
Quito.  One website touted child prostitutes from different 
regions of Ecuador as exotic and specifically catered to sex 
tourism.  PolOff spoke with Carlos Jativa in the Ministry and 
confirmed the GOE's plan to combat the problem:  an 
enlargement of DINAPEN, filters to find hidden child 
pornography websites, and by the end of October, a law to 
exclusively penalize child pornography over the internet and 
hold internet service providers responsible. 
 
8.  Comment.  The GOE continues to do an impressive job of 
moving forward in the fight against TIP.  Officials remain 
committed to changing and strengthening the existing laws. 
Social services providers are progressing on plans for a 
shelter in Machala and a pilot project in Santo Domingo, both 
of which should open in October.  Additional training is 
necessary, but the ILO has CSEM training planned for the end 
of the month, which PolOff will attend.  The Embassy will 
continue to work with GOE officials and NGOs to ensure 
Ecuador continues to make significant progress against TIP. 
End Comment. 
KENNEY