US embassy cable - 05QUITO1267

UNCLAS QUITO 001267 
 
SIPDIS 
 
CDR USSOUTHCOM MIAMI FL IMMEDIATE 
HOMELAND SECURITY CENTER WASHDC IMMEDIATE 
 
STATE FOR WHA/PPC, WHA/AND, AND G/TIP 
 
E.O. 12958: N/A 
TAGS: PHUM, PGOV, PREL, EC 
SUBJECT: CONGRESS PASSES TIP LEGISLATION 
 
 
1.  Summary:  On June 1, Congress passed a law criminalizing 
trafficking in persons (TIP) with 6 to 35-year prison terms. 
The legislation also penalizes companies and individuals who 
promote sexual tourism and child sex tourism with 6 to 12 
years.  The bill is expected to go to President Alfredo 
Palacio on June 6 for approval.  The passage of this 
long-pending legislation will, when fully implemented, 
provide authorities new tools to combat TIP.  We will work 
with authorities to use the new law to develop cases against 
traffickers.  End Summary. 
 
Penalty for TIP is 6 to 16 Years 
-------------------------------- 
 
2.  Congress passed legislation on June 1 to explicitly 
criminalize TIP, in accordance with its international 
commitments.  According to press reports, Congress approved 
the following penalties: 
 
-- 6 to 9 years for TIP when sexual exploitation is not 
involved 
-- 9 to 12 years if the TIP victim is under 18 years of age 
-- 12 to 16 years when TIP involves a victim under 14, a 
victim who suffers a severe or permanent bodily injury or 
irreversible psychological damage, or a trafficker who is a 
legal or common-law spouse or blood relative up to the fourth 
degree 
-- $20,000 fine for the legal representative of a 
communication medium that promoted sex crimes or TIP 
 
 
Related Crimes Also Sanctioned 
------------------------------ 
 
3.  The law also defines sex tourism and child pornography as 
crimes.  These new protections could benefit TIP victims. 
According to press reports, the law provides for: 
 
-- 6 to 9 years and fines of $10,000 to $15,000 for 
organizers or promoters of sexual tourism 
-- Up to 12 years and a $20,000 fine if a victim of sex 
tourism is under 18 
-- Companies involved in sex tourism will have their licenses 
revoked, and individuals' businesses will be closed. 
-- 4 to 8 years for people who force a handicapped person or 
someone less than 18 years old to have sexual contact 
-- 6 to 9 years for persons who produce, publish, or 
advertise child pornography in which the victim is between 
the ages of 14 and 18 
-- 12 to 16 years if a victim of child pornography is less 
than 14 years or is disabled 
-- 25 to 35 years for crimes of sexual exploitation of minors 
 
Next Steps 
---------- 
 
4.  President of Congress Wilfrido Lucero is expected to send 
the law to President Palacio on June 6.  He is expected to 
approve or suggest changes to the text (through a partial 
veto) within two weeks.  We have requested a copy of the law 
and once received, will fax it to WHA/PPC. 
 
5.  Comment:  Passing an anti-trafficking law represents a 
significant step forward and is particularly notable coming 
in Ecuador's exceedingly unstable political environment. 
After analyzing the text, we hope to encourage the GOE to 
implement it fully, by building cases against traffickers 
using the new provisions.  Full implementation will also 
require training law enforcement and judicial officials. 
Coming just two days before the USG issues the TIP report, we 
are prepared to acknowledge Congress' overdue action, call on 
the GOE for rapid implementation of the law, and defend 
Ecuador's Tier III rating. 
Kenney