US embassy cable - 05CARACAS624

UNCLAS SECTION 01 OF 08 CARACAS 000624 
 
SIPDIS 
 
SENSITIVE 
 
DEPT FOR G/TIP, G, INL, DRL, PRM, IWI, WHA/PPC 
NSC FOR CBARTON 
USAID 
DEPT OF JUSTICE 
DEPT OF HOMELAND SECURITY 
DEPT OF LABOR 
DEPT OF TREASURY 
 
E.O. 12958: N/A 
TAGS: PREL, PHUM, KCRM, KWMN, KFRD, ELAB, SMIG, ASEC, PREF 
SUBJECT: VENEZUELA'S FIFTH ANNUAL TIP REPORT SUBMISSION 
 
REF: A) STATE 273089 B)CARACAS 3124 
 
1. (SBU) Per reftel A instructions, the following is post's 
input for the fifth annual anti-trafficking in persons (TIP) 
report.  Political officer Carolina Hidea is the point of 
contact. Telephone: 58-212-907-8493; Fax: 58-212-907-8033; 
Email: hideac@state.gov.  Hours spent compiling the report: 
54. 
 
2. (SBU) Post's sources of information are reliable, but 
generally unable to provide concrete or comprehensive 
information about the TIP problem in Venezuela.  Poloff 
collected the examples of trafficking cited in this report 
separately at each ministry, agency, or office, so the 
information may not be exhaustive.  Poloff contacted the 
following government officials: a former prosecutor for 
identity and citizenship fraud and TIP expert for the 
Attorney General's office (not for distribution); Luis 
Jansen, identity and citizenship fraud prosecutor; Ana 
Cazzadore, Director of International Crime, Drugs and 
Corruption at the Ministry of Foreign Affairs (MFA); Criminal 
Investigative Police (CICPC) Interpol Division commissioner 
Henry Matos; and Maria del Mar Alvarez, Women's Right's 
Ombudsman, National Women's Institute (INAMUJER). In 
addition, Ambassador has discussed generally with Vice 
Foreign Minister Hernandez and Ambassador to the U.S. Alvarez. 
 
3. (SBU) International organizations providing information 
were UNICEF, UNHCR, and the International Organization for 
Migration (IOM).  Non-governmental Organizations (NGOs) 
consulted were AMBAR, an NGO focusing on alternatives for 
sexual workers, sexual health and education; the Center for 
Women's Studies (CEM) at the Central University; and (not for 
distribution) Merlys Mosquera, National Director of the 
Jesuit Refugee Services (JRS).  The Coalition Against 
Trafficking in Women was not active in 2004 and could provide 
no information. 
 
------------------------ 
Paragraph 18 - Overview 
------------------------ 
 
4. Since announcement of Venezuela being a TIPS Tier 3 
country last year, GOV has: 
 
-Activated an interagency anti-trafficking working group. 
 
-Held a joint MFA-IOM conference on trafficking for official 
and NGO participants. 
 
-Passed a law that makes smuggling and some forms of 
trafficking a crime. 
 
-Arrested two suspected foreign traffickers. 
 
-Worked with Interpol on three foreign trafficking cases. 
 
-Repatriated four trafficking victims to Venezuela. 
 
-Tasked all Venezuelan consulates to report on Venezuelan 
trafficking cases. 
 
A.  (SBU) The GOV, international organizations, and 
non-governmental organizations (NGOs) have no estimates about 
the magnitude of the trafficking in persons (TIP) problem in 
Venezuela.  No trafficking cases were reported to the 
National Institute for Women (INAMUJER) or the Ministry of 
Foreign Affairs (MFA).  The Criminal Investigative Police 
(CICPC) Interpol Division reported working on three cases in 
2004 of Venezuelan women trafficked to other countries for 
commercial sex purposes. One case also included foreign women 
transited through Venezuela with fraudulently obtained 
Venezuelan documents.  UNHCR also reported four children 
along the border sold to the Colombian guerrillas as soldiers 
or sexual workers in 2004.  From dispersed and anecdotal 
information gathered from the GOV, international 
organizations and NGOs, Venezuela like other Latin American 
countries is likely to be a country of origin, transit and 
destination for trafficked persons.  Press and anecdotal 
information suggest that the size and scope of the crime are 
similar to or less than those in most other Latin American 
countries.  GOV officials and NGOs say women and children in 
Venezuela are more vulnerable to being trafficked then men. 
 
B. (SBU) Based on past experience and anecdotes, persons 
trafficked to or through Venezuela are most likely from 
China, Colombia, Ecuador, Peru and the Dominican Republic, 
according to a former prosecutor and MFA official Cazzadore. 
The NGO AMBAR reports Guyanese and Brazilian women and 
adolescent girls are trafficked and smuggled to mining and 
petroleum towns for prostitution.  The Department of Homeland 
Security (DHS) worked with the Venezuelan military 
intelligence (DIM) to arrest two Indian nationals using 
Venezuela and Curacao as transit points to move people from 
India and other countries, with the U.S. often the final 
destination.  DHS requested the removal of the two alleged 
alien smugglers to the U.S. for smuggling charges.  DHS has 
not yet determined if the alleged smugglers are to be charged 
with trafficking.  Based on the three CICPC cases in 2004, 
destination countries for trafficking victims transiting 
through or originating in Venezuela are Spain, Mexico and 
Trinidad and Tobago.  According to a former prosecutor and 
Cazzadore, other destination countries could include Italy, 
Germany, the Netherlands, and the U.S. 
 
C. (SBU) There is insufficient information to make a 
determination about changes in the direction or extent of 
trafficking. 
 
D. (SBU) The MFA asked consular officers at embassies abroad 
to report any cases of trafficking in 2004; not one case was 
reported.  The GOV reported no research or surveys planned or 
underway to document trafficking in persons.  GOV has also 
indicated that should it initiate such research, it would not 
share with the USG. 
 
E. (SBU) The GOV did not report any cases of persons 
trafficked to Venezuela.  However, the Jesuit Refugee 
Service's National Director Merlys Mosquera noted that child 
prostitution exists along the border with Colombia. 
Venezuelan and Colombian girls as young as 12 work in 
brothels or other prostitution situations.  UNICEF also 
reported four cases of children sold to the guerrilla by 
their families along the Colombian border.  Mosquera 
acknowledged, but did not confirm, rumors that parents may be 
selling or encouraging young men to work for Colombian 
guerrilla groups.  Along the border with Brazil and Guyana, 
victims are trafficked or cross the border themselves to work 
as child prostitutes or laborers in mining camps according to 
AMBAR. 
 
F. (SBU) In the three trafficking cases the Criminal 
Investigative Police (CICPC) Interpol Division worked in 
2004, the alleged traffickers used newspaper or printed 
advertisements and promises of lucrative job offers in 
foreign countries to target young women.  According to AMBAR, 
young women from poorer rural areas of Venezuela are also 
trafficked to Caracas with promises of jobs as models, 
dancers or waitresses; educational opportunities; or promises 
of employment. 
 
G. (SBU) In January 2004, the MFA initiated a 22-person 
interdepartmental working group that meets approximately once 
a month to coordinate efforts to combat trafficking.  The 
committee finished and approved a national action plan that 
designates the responsibilities or actions of each ministry 
or agency in June 2004.  The National Assembly approved a 
Naturalization and Immigration Law May 24, 2004, which came 
into force November 20, 2004.  The new law can be used to 
prosecute some trafficking crimes and specifically penalizes 
those who exploit illegal labor, promise false employment or 
engage in alien smuggling, with four to eight years in 
prison. 
 
The MFA, Ministry of Interior and Justice (MIJ), and Attorney 
General's office made efforts to raise public official's 
awareness of trafficking through trafficking awareness 
training.  The International Organization for Migration (IOM) 
organized half-day trafficking awareness presentations for 
approximately 45 officials each from the MFA and MIJ on 
January 25, 2005, at the ministries, request.  The Attorney 
General's office also held several trafficking awareness 
presentations for prosecutors and staff in 2004.  On January 
27-28, the MFA hosted a two-day anti-trafficking conference 
by the IOM and OAS for government officials including the 
MFA, MIJ, Attorney General's office, National Guard, police, 
INAMUJER, and Ministry of Labor, of Education, and of Health. 
 The IOM estimated that 170-200 government employees and a 
few NGOs attended the conference, about three times the 
numbers they originally anticipated (septel).  UNICEF 
organized and led a three-day human rights for emergency 
situations training conference for the MIJ February 16-18, 
2005.  The conference for the MIJ and civil protection 
agencies was directed at helping Venezuelan authorities 
respond appropriately to the flooding emergency that has 
gripped the country since early February and included an 
anti-trafficking unit. 
 
The CICPC Interpol Division is working on three international 
human trafficking cases involving 14 women that were reported 
to the police in 2004.  In August 2004, two Venezuelan women 
who had been trafficked to Mexico with false promises of jobs 
notified family members that they were being forced into 
prostitution.  The women were repatriated, but the CICPC has 
been unable to identify or locate the man in Venezuela 
responsible for convincing the women to travel to Mexico. 
Since June 2004, seven women have been identified as 
trafficked from Venezuela to Spain via France.  Five of the 
seven women were Dominican nationals who had illegally 
obtained Venezuelan documents.  The two Venezuelan victims 
were repatriated and claimed the man who had publicly 
advertised modeling and dancing jobs for young women in Spain 
trafficked 30 women to Spain in three months.  However, 
according to the CICPC the trafficker is a Spanish dual 
national and has not been reported returning to Venezuela. 
 
In September 2004, family members reported to the police that 
a young Venezuelan woman along with four other women from 
Venezuela's rural interior had been trafficked to Chaguama 
Island, Trinidad and Tobago, by sea with false promises of 
employment.  The victim reported to family members that she 
was being forced into prostitution and would have to pay USD 
800 to be allowed return to Venezuela.  Trinidad and Tobago 
police were unable to find the victims at the bar-brothel on 
Chaguama Island where family members said she was working. 
Venezuelan police are working to identify the four remaining 
trafficking victims.  One minor who had been with the group 
was stopped by a Sucre State law enforcement officer and 
prohibited from traveling because she was underage. 
H. (SBU) There is no hard evidence or accusations of 
government officials facilitating, being complicit in or 
condoning trafficking. However, corruption among immigration, 
identification, customs and border patrol officials is 
widespread and could facilitate trafficking. 
 
I. (SBU) A low awareness of the problem, a lack of qualified 
personnel, and the short period of time since the GOV began 
an anti-trafficking working group in January 2004 is a 
limitation.  The lack of concrete information about the 
trafficking problem also hinders GOV efforts.  The lack of a 
national immigration and identification database limits the 
information that can be compiled nationwide to identify and 
understand Venezuela's trafficking situation. Corruption and 
the ease with which fraudulent passports, identity cards, and 
birth certificates could be obtained is also a problem.  A 
former prosecutor who dealt with identity theft and 
trafficking said that approximately 90 percent of the 
immigration or identification offices in Venezuela are 
isolated technologically, have no direct supervision, and 
lack funding.  He also pointed out that approximately 90 
percent of immigration or identification personnel are 
undereducated and underpaid.  The result, he said, was 
inefficiency and corruption that led to illegal immigration 
and identity theft and hampered efforts against trafficking 
in persons. 
 
J. (SBU) The anti-trafficking working group composed of the 
MFA, MIJ, Attorney General's Office, MOD, Ministry of 
Education, Ministry of Health, INAMUJER, the Women's Rights 
Ombudsman, and the National Children's and Adolescence 
Protection Counsel meets approximately once a month to 
coordinate efforts and evaluate progress on a national 
anti-trafficking work plan. 
 
K. (SBU) Prostitution is not illegal in Venezuela, nor is it 
formally legalized.  Article 389 of the Penal Code makes 
"facilitating" prostitution or the corruption of minors, as 
is the case for brothel owners or pimps, punishable by three 
to 12 months' imprisonment. If the offense is repeated, the 
sentence increases to three to 18 months. 
 
-------------------------- 
Paragraph 19 - Prevention 
-------------------------- 
 
5. 
 
A. (SBU) Some GOV officials in the anti-trafficking working 
group and in other government agencies are aware of 
trafficking in persons as an international problem.  Some 
acknowledge it is a problem in Venezuela.  No one can, 
however, estimate the scale or scope since no national 
statistics, databases, surveys or research about the problem 
are known to exist. 
 
B. (SBU) The government agencies involved in the 
anti-trafficking working group are the Ministry of Foreign 
Affairs (MFA), Ministry of Interior and Justice (MIJ), 
Attorney General's office, the Ministry of Defense (MOD), the 
Ministry of Education, the Ministry of Health and Social 
Development, the Ministry of Labor, the Ministry of 
Communication and Information, the Women's Rights Ombudsman, 
the National Women's Institute (INAMUJER), the Children's and 
Adolescent's Rights Council, staffers from the National 
Assembly, and the National Statistics Institute.  The 
Ministry of Interior and Justice, Crime Prevention Division 
was designated to lead the anti-trafficking effort. 
 
C. (SBU) No anti-trafficking public information or education 
campaigns were launched in 2004.  The Labor Ministry approved 
an IOM proposal to launch a public information campaign about 
human rights, not limited to anti-trafficking, especially 
targeted to migrant workers at the end of 2004.  The IOM is 
currently choosing the project director and the project is 
set to get off the ground by April.  The MIJ has an 
anti-trafficking pamphlet designed and awaiting Ministerial 
approval before printing begins. 
 
D. (SBU) INAMUJER supports the Women's Bank to assist women 
in need and enhance economic independence.  The Bank provides 
approximately 40,000 women with business and empowerment 
training and small-scale financing for micro-enterprises 
managed by women.  INAMUJER also runs a free women's hotline 
for victims of domestic violence, but no cases of trafficking 
were reported in 2004.  INAMUJER has a women's shelter for 
victims of domestic violence.  The GOV provides free public 
education and meals to promote school access and attendance 
through "Bolivarian" schools.  "Bolivarian" schools also 
offer a full-day schedule that can keep children off the 
streets.  The GOV also runs "Mission Ribas" which offers 
stipends to encourage adult dropouts to finish a high school 
education. 
 
E. (SBU) The government can support prevention programs like 
public information campaigns. 
 
F. (SBU) Awareness of trafficking as a societal problem is 
beginning to emerge in Venezuela.  In 2004, no NGOs dealt 
with trafficking directly, however, some women's and 
children's NGOs addressed violence against women, child 
prostitution or child labor issues.  The GOV invited some 
NGOs to the anti-TIP conference in January 2005.  MFA 
official Cazzadore acknowledged the need to get NGOs and 
civil society involved but is moving cautiously, citing 
concern about the legitimacy or alleged political agendas of 
some NGOs.  The IOM has gained cautious acceptance on 
trafficking issues and has worked with the MFA, MIJ and Labor 
Ministry.  The IOM has also received requests for training 
from the Attorney General's office. 
 
G. (SBU) Venezuela's borders are extensive, porous, and often 
isolated.  Due to corruption and poor training among 
immigration, customs and National Guard troops along the 
borders, Venezuela does not adequately monitor its borders. 
Without a national database, immigration and emigration 
patterns are not compiled nor studied. 
 
H. (SBU) The MFA chairs a 22-person interdepartmental working 
group on trafficking in persons.  The MIJ Crime Prevention 
Division was designated as the lead agency on trafficking 
issues. 
 
I. (SBU) The MFA hosted an IOM-OAS international 
anti-trafficking seminar January 27-28, 2005, attended by 
170-200 government officials; however, GOV does not 
participate in international working groups or efforts to 
control trafficking.  The GOV does not cooperate with the 
U.S. on trafficking, but it says it will cooperate with the 
United Nations (UN).  Cazzadore noted that the MFA has 
consulted Brazil, Colombia, the Dominican Republic and 
Ecuador about the trafficking problem and possible 
anti-trafficking measures. 
J. (SBU) The interdepartmental working group designed and 
disseminated to members a national action plan with 
responsibilities for each ministry and agency.  No NGOs were 
consulted. 
 
K. (SBU) Each agency is tasked with creating its own 
anti-trafficking training and programs. In 2004, the MFA, 
MIJ, and Attorney General's office offered anti-TIP awareness 
training to employees. 
 
--------------------------------------------- 
Paragraph 20 - Investigation and Prosecution 
--------------------------------------------- 
 
6. 
 
A. (SBU) Articles 52-59 of Venezuela's Naturalization and 
Immigration Law in force since November 20, 2004, make 
exploiting illegal labor, falsely promising an employment 
contract to encourage immigration to another country, or 
encouraging illegal immigration or smuggling to/through/from 
Venezuela punishable by four to eight years in prison.   If 
immigrant smuggling is done for profit, using violence, 
intimidation or fraud the sentence increases to eight to ten 
years.  If a victim's life or health is endangered, then the 
range of punishment increases by an additional 50 percent. 
The law punishes a public servant that encourages through 
actions or omissions the fraudulent entry or exit of a person 
with four to eight years in prison and exclusion from public 
service for 10 years.   The law does not include internal 
forms of trafficking.  Laws against forced disappearance and 
kidnapping, punishable by two to six years, imprisonment can 
be used to prosecute traffickers. In the case of children, 
the Organic Law to Protect Children and Adolescents (LOPNA), 
with fines of one to 10 months, salary for trafficking in 
children, can also be used. The GOV did not report any 
prosecution of trafficking cases. 
 
B. (SBU) The Naturalization and Migration Law does not 
specifically differentiate between sexual and labor 
exploitation or limit what false offers of employment 
contracts can include. 
 
C. (SBU) Rape or forcible sexual assault is punishable by 
five to 10 years in prison.  There is no law specifically 
prohibiting sexual trafficking in women, so the penalties 
cannot be compared.  For children the LOPNA makes trafficking 
punishable with fines of one to 10 months, salary. 
 
D. (SBU) The GOV did not report any prosecution of 
trafficking cases. 
 
E. (SBU) No evidence or confirmed reports exist that identify 
traffickers. 
 
F. (SBU) The police investigates cases of trafficking through 
interviews and forensic evidence if available.  Intrusive, 
sophisticated and covert operations are restricted or 
prohibited by law. 
G. (SBU) Awareness and recognition of trafficking in persons 
training has been provided to some consular officers, MIJ 
employees, and prosecutors. 
 
H. (SBU) The CICPC Interpol division cooperated with Spanish, 
Mexican and Trinidadians on three separate trafficking cases. 
 Military intelligence also cooperated with the U.S. on the 
arrest of an alleged alien smuggler with possible trafficking 
implications. 
 
I. (SBU) The GOV did not extradite nor report having received 
any requests for extradition for traffickers.  Venezuelan law 
prohibits the extradition of a Venezuelan national. 
 
J. (SBU) There is no hard evidence or accusation of 
government officials facilitating, being complicit in or 
condoning trafficking. However, corruption among immigration, 
identification, customs and border patrol officials is 
widespread and could facilitate trafficking. 
 
K. Not applicable. 
 
L. (SBU) Venezuela has not identified a child sex tourism 
problem. 
 
M. (SBU): 
--The National Assembly ratified ILO Convention 182 December 
4, 2003. 
 
--ILO Convention 29 was ratified in 1944, and Convention 105 
in 1964. 
 
--The Optional Protocol to the Convention on the Rights of 
the Child (CRC) was signed September 2000 and ratified May 
2002. 
 
--The Protocol to Prevent, Suppress and Punish Trafficking in 
Persons, especially Women and Children supplementing the UN 
convention Against Transnational Organized Crime was signed 
December 14, 2000. 
 
--------------------------------------------- ------ 
Paragraph 21 - Protection and Assistance to Victims 
--------------------------------------------- ------- 
 
7. 
 
A. (SBU) No specialized assistance is provided for victims of 
trafficking.  Victims can make use of the GOV's "Inside the 
Neighborhood" mission that provides free medical services to 
the poor. 
 
B. (SBU) The GOV does not fund foreign or domestic NGOs to 
provide services to trafficking victims. 
 
C. (SBU) The GOV did not report any screening or referral 
process in place for detained or arrested victims, or victims 
placed in protective custody. 
 
D. (SBU) Of the 14 victims reported in 2004, four have been 
repatriated.  The Venezuelan women trafficked to Mexico and 
Spain were not detained, jailed or fined.  Five of the 14 
victims were identified as foreign nationals and the 
information passed to the corresponding governments.  Five of 
the 14 victims are reportedly in Trinidad and Tobago, but 
have not been located or repatriated.  There are no plans to 
detain, jail or fine the victims if they are returned to 
Venezuela. 
 
E.  (SBU) Information provided by trafficking victims is used 
in police investigations.  Victims can seek civil action 
against the traffickers, but none have done so to date. 
There is no victim restitution program. 
F. (SBU) The GOV does not provide protection for victims or 
witnesses.  One women's shelter run by INAMUJER is available 
for women victims of domestic violence but space is limited 
to less than 30 women.  Public facilities are available for 
children, but the facilities are often inadequate with poorly 
trained staff. 
 
G. (SBU) Awareness and recognition of trafficking in persons 
training has been provided to some consular officers, MIJ 
employees, and prosecutors.  However, no specialized 
assistance training has been provided. During the January 
2005 seminar, MFA consular employees were urged to develop 
ongoing relationships with NGOs, religious centers or media 
sources serving their communities to help identify or aid 
trafficking victims. 
 
H. (SBU) Repatriated victims who may come from poorer 
neighborhoods can make use of the GOV's "Inside the 
Neighborhood" mission that provides free medical services to 
the poor.  Shelter and financial assistance are not available. 
 
I. (SBU) AMBAR provides psychological, social, medical and 
legal assistance to sexual workers, including child 
prostitutes. 
 
J. (U) MINIMIZE CONSIDERED. 
Brownfield