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### Viewing cable 05SANJOSE488, COSTA RICA'S 2004 TRAFFICKING IN PERSONS REPORT

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Reference ID | Created | Released | Classification | Origin
--- | --- | --- | --- | ---
05SANJOSE488 | 2005-02-28 18:06 | 2011-03-08 16:04 | UNCLASSIFIED//FOR OFFICIAL USE ONLY | Embassy San Jose

Appears in these articles:
http://www.nacion.com/2011-03-06/Investigacion/NotasDestacadas/Investigacion2702320.aspx
http://www.nacion.com/2011-03-06/Investigacion/NotaPrincipal/Investigacion2702324.aspx
http://www.nacion.com/2011-03-06/Investigacion/NotasSecundarias/Investigacion2702325.aspx
http://www.nacion.com/2011-03-06/Investigacion/NotasSecundarias/Investigacion2702326.aspx
http://www.nacion.com/2011-03-06/Investigacion/NotasSecundarias/Investigacion2702327.aspx

`

    This record is a partial extract of the original cable. The full text of the original cable is not available.

` `

    UNCLAS SECTION 01 OF 28 SAN JOSE 000488

    SIPDIS

    SENSITIVE

    DEPT FOR G/TIP ROWEN, WHA/PPC, WHA/CEN BBOYNTON, G, INL,
    DRL, PRM, AND IWI
    STATE PASS AID

    E.O. 12958: N/A
    TAGS: PHUM PREF PGOV SMIG KWMN KFRD KCRM PREL ELAB ASEC CS
    SUBJECT: COSTA RICA'S 2004 TRAFFICKING IN PERSONS REPORT

    REF: STATE 273089

    ¶1.  (U)  Following is Embassy San Jose's submission for the
    2004 annual anti-trafficking in persons (TIP) report.
    Responses are keyed to sections outlined in reftel, with the
    first paragraph beginning at 18A.  Post's POC for the report
    is Political Officer Janae Cooley.  Telephone number: (506)
    519-2256.  Fax: (506) 519-2364. Total number of hours spent
    in preparing the TIP report: Poloff Janae Cooley: 90,
    Political Assistant Hellen Sanou: 65, Political Section
    Chief: 1, Consular: 1, RSO: 1, A/DCM: 2.

    --------
    OVERVIEW
    --------
    18A.  (SBU)  Costa Rica is a country mainly of transit,
    destination and, to a lesser degree, origin for
    internationally trafficked men, women, and children.
    Specific numbers for each population are unavailable, but
    government and non-government sources agree that women and
    children constitute the majority of trafficking victims who
    pass through Costa Rica.  Trafficking also occurs within the
    country's borders.  There are currently no comprehensive
    estimates as to the extent of the problem.  The Ministry of
    Public Security noted that the number of charges filed in
    connection with sexual exploitation crimes increased
    significantly last year in relation to 2003.   Sources for
    information on trafficking in persons include the Chief
    Prosecutor's Office, the Migration Department, the Public
    Security Ministry, the Women's Ministry, the Children's
    Welfare Institution (PANI), the Judicial Investigative Police
    (OIJ), the OIJ's special trafficking crimes investigative
    unit, the Legislative Assembly, the International
    Organization for Migration (IOM), the International Labor
    Organization (ILO), The United Nations' Children's Fund
    (UNICEF), non-governmental organizations (NGOs)Save the
    Children Sweden, Defense for Children International,
    Paniamor, Alianza Por Tus Derechos, Fundacion Rahab, and the
    press.  Women and children are the most at risk of being
    trafficked, although one NGO reported that mini-vans full of
    tourists have been frequenting a gay nightclub in Limon
    Province that advertises young boys as an attraction.

    18B.  (SBU) Persons are trafficked to and through Costa Rica
    from all over the world.  Police and NGOs reported that main
    source countries include Cuba, the Dominican Republic,
    Colombia, Nicaragua, Peru, Russia, Romania, the Philippines,
    China, Ecuador, and Guatemala.  Governmental and
    non-governmental sources agree that individuals are
    trafficked internationally mainly to the United States,
    Canada, Mexico, and Europe.  Save the Children specified
    Argentina and Spain as two destination countries.
    Investigators from the OIJ's trafficking crimes unit
    explained that there is a "training center" in Guatemala
    where individuals are sent to learn how to avoid being
    detected as bearers of fraudulent documents.  The unit's
    investigators said that women are not generally trafficked to
    just one destination; they are moved from one location to
    another.  IOM reported that there is evidence of trafficked
    Russian women in the southern Golfito area.   IOM further
    explained that it is likely that the Russians are circulated
    throughout the country. IOM also reported that Dominican
    women are flown to Panama, and then brought overland into
    Costa Rica.

    NGO Paniamor reported that trafficking activities have been
    identified that are timed to coincide with the harvest
    season.  Women and children from neighboring countries
    sometimes voluntarily travel to Costa Rica to engage in
    commercial sex work with agricultural workers (banana
    plantations, for example), and later fall into organized
    networks of commercial sexual exploitation.

    NGO Alianza Por Tus Derechos reported that Junquillal beach
    in Guanacaste province is known to have several Romanians and
    Russians who provide commercial sex services.

    Individuals are also trafficked internally in Costa Rica.
    According to the Ministry of Public Security, people from
    outlying cities such as Ciudad Quesada (north of the
    capital), Siquirres (east of the capital), and Quepos (south
    of the capital) are trafficked to San Jose. People are also
    trafficked from the capital of San Jose to the coastal areas,
    especially the Pacific coastal areas of Guanacaste Province
    and the Caribbean coastal town of Limon.  In May 2004 IOM
    received reports of internal trafficking of Costa Rican
    minors who were recruited for sexual tourism and trafficked
    by their victimizers.  NGO Fundacion Rahab reported that it
    knows of four girls who were trafficked internally from
    eastern coastal Limon province to the western coastal town of
    Jaco.

    18C.  (SBU)  According to the Public Security Ministry, the
    number of trafficking routes has increased in the past year.
    For example, the Ministry has data about new routes to Japan
    where individuals were deceived into thinking they were going
    to be given legal jobs and, upon arrival, their passports
    were confiscated and they were forced into commercial sex
    work.  According to Defense For Children International, both
    the routes and the number of people trafficked have increased
    in the past year.  The NGO specified that the Philippines is
    a new country of origin for individuals trafficked to Costa
    Rica.

    18D.  (SBU)  In August 2004, the OIJ created a new
    investigative unit dedicated exclusively to trafficking and
    smuggling.  The unit consists of three investigators.  The
    investigators are mapping the routes of and nexuses between
    identified traffickers.  Additionally, Save the Children
    Sweden began working in January 2005 with local NGO
    implementing partner Paniamor to collect information from
    police and border guards in order to map known trafficking
    routes for the entire region of Central America.

    18E.  (SBU)  The trafficking crimes investigation unit
    reported that trafficking victims are principally forced into
    commercial sex work, often in nightclubs, but some are also
    used to perform manual labor.   According to the ILO, the
    majority of labor trafficking occurs in the domestic servant,
    agriculture, and fishing industries.  NGO Alianza Por Tus
    Derechos reported that individuals are often promised work in
    restaurants and bars, but once they arrive their documents
    are confiscated and they are forced to engage in commercial
    sex work.  The NGO reported cases of children trafficked from
    Nicaragua to beg for money in the streets in Costa Rica.

    The Public Security Ministry reported that women are also
    trafficked to work as escorts.  Once their services are no
    longer needed by their client they are returned to their
    countries.

    To ensure compliance with their traffickers' demands,
    victims' travel documents are usually seized, and debt
    bondage is common.  Victims are threatened with physical harm
    if they do not comply with the traffickers' demands, and the
    traffickers may also threaten to harm the victims' families.
     Traffickers charge their victims up to USD 10,000 for the
    expenses incurred during their trip.  The Public Security
    Ministry explained that traffickers usually stipulate a
    minimum period of six months during which the trafficked
    women must engage in commercial sex work in order to pay off
    the debt they owe to their traffickers.  Additionally, the
    Ministry has information that Romanian women trafficked to
    Costa Rica have been threatened that if they refuse to engage
    in commercial sex work, their families in Romania could
    suffer reprisals, including kidnapping.  These threats are
    targeted specifically at the families because the
    traffickers, in the case of the Romanian victims, provided
    USD 10,000 to the families as economic assistance, and the
    victims are then obliged to pay off the debt via commercial
    sex work.  The Ministry reported that women often seek
    marriage to or a serious relationship with a wealthy local
    who can pay off their trafficking debt.

    NGO Alianza Por Tus Derechos reported that in June 2004 it
    learned of two trafficked Nicaraguan girls working in the
    northern town of Ciudad Quesada who earned money for
    commercial sex work during "house parties." The female minors
    had to give 60 percent of their earnings to their
    traffickers.  The NGO does not know what happened to the
    girls.

    Many Dominicans are trafficked to Costa Rica to dance in
    nightclubs, where they are forced to engage in commercial sex
    work under the threat of being reported to the Migration
    Department if they refuse.

    18F.  (SBU)  As a country of origin for internal trafficking,
    impoverished families with low levels of education are
    principal targets for traffickers.  NGO Alianza Por Tus
    Derechos explained that trafficking victims rarely want to
    press charges against their trafficker because the GOCR
    cannot provide the security needed to ensure the traffickers
    do not harm the victim as a reprisal.  Therefore, it is
    difficult to identify the traffickers.  Defense for Children
    International reported that traffickers are generally
    foreigners who have links with nightclubs and hotels.  NGO
    Fundacion Rahab reported that truck drivers who regularly
    drive across the border are often trafficking women and
    children in the back of their cabs.  Taxi drivers also often
    knowingly traffic girls to their clients.

    The trafficking crimes investigative unit explained that many
    times the victims are recruited by local people known to
    them, possibly a neighbor or an acquaintance.  The heads of
    the trafficking operations, however, are mostly foreigners,
    including Uruguayans, Cubans, Dominicans, Colombians, and
    Americans.  The unit told Poloff that Chinese individuals
    generally only traffic people from China.  Traffickers
    sometimes provide their victims with false documents.

    Methods used to approach the victims include false offers of
    lucrative employment. Often females are offered jobs as
    exotic dancers in nightclubs, but they are told that the
    club's customers will not be allowed to touch them in any
    way.  Defense For Children International reported that
    advertisements via internet and newspapers for hotel staff
    and models are used to lure females.  The Public Security
    Ministry reported that there are cases of young Costa Rican
    women who were lured overseas by false employment offers
    promising a USD 1,500 weekly salary in addition to paid
    housing.

    With regard to internal and regional (between Costa Rica and
    its neighboring countries of Nicaragua and Panama)
    trafficking, female minors aged 12-18 are usually trafficked
    in the back of semi-truck cabs.  The minors are either
    approached by recruiters in the street who then take them to
    the vehicles, or they look for rides themselves.  Sometimes
    the victims already know the truck drivers.  These girls are
    generally extremely poor and come from families unable to
    provide for them.  In some internal trafficking cases, the
    girls are transported to hotels in the hotels' own vehicles.

    18G.  (SBU) The GOCR is mainly focused on combating
    commercial sexual exploitation of minors.  On May 18 2004,
    President Pacheco publicly committed to combat "on all fronts
    and with all resources the commercial sexual exploitation of
    minors."   Because of a lack of resources, the GOCR places
    little emphasis on the trafficking of adults.  There is some
    confusion within the government about the difference between
    trafficking and smuggling.  It is difficult for NGOs and
    international organizations to work with the GOCR on
    trafficking because the GOCR thinks that it is already taking
    significant steps to combat the problem, which it defines
    narrowly as commercial sexual exploitation of minors.   There
    are groups of individuals within the government who are
    knowledgeable about the differences between trafficking,
    smuggling, and commercial exploitation, but they are largely
    at the working level.  Individuals at the policy-making level
    are focused on a draft Migration Bill that has now been in
    the Legislative Assembly since 2001.  The law would
    criminalize "trafico" which is interpreted in Costa Rica as
    either smuggling or trafficking.  The draft bill does not
    make the distinction.  Investigators, prosecutors, and judges
    have all commented to Poloff that the lack of a specific law
    against trafficking impedes their ability to prosecute and
    convict traffickers.

    In broad terms, GOCR means to combat trafficking can be
    divided into three categories:  investigations,
    capacity-building of officials involved in combating
    trafficking, and legislative efforts to pass laws and decrees
    for the prevention, prosecution, and eradication of
    commercial sexual exploitation.  The Public Security
    Ministry,s commercial sexual exploitation unit consists of
    23 investigators (nine in the capital and 14 in the
    provinces) and 19 administrative staff.  The OIJ,s
    trafficking crimes investigative unit consists of three
    investigators.  The Public Force (which does police work)
    special investigative unit created a cyber-crimes unit to
    identify and break up cyber child pornography rings,
    investigate pedophile rings, and contribute to the
    eradication of commercial sexual exploitation under the
    direction of a Special Prosecutor.

    According to ILO, the GOCR has worked to establish better
    migration controls.  The GOCR's National Commission Against
    Sexual Exploitation of Minors (CONACOES) meets regularly to
    discuss efforts being taken to combat commercial sexual
    exploitation of minors.  The Commission is divided into three
    sub-commissions: prevention, assistance for victims and their
    families, and judicial affairs.  IOM reported that the GOCR
    participated in developing the Regional Work Plan on
    Smuggling and Trafficking for the Regional Migration
    Conference.  Specifically, the GOCR approved a regional
    information campaign on the risks and consequences of
    trafficking in persons.  The GOCR has also been active in the
    Central American Migration Directors, Commission (OCAM).
    Last year, within the context of this group, the GOCR
    proposed the creation of a database that would include
    information on foreigners linked to commercial sexual
    exploitation of minors.  In order to increase its prevention
    efforts, the GOCR also proposed capacity-building for
    migration officials on children,s rights and identifying
    risky situations in which commercial sexual exploitation
    could occur.  Further, the Migration Department, in
    conjunction with IOM and ILO, has offered specialized
    technical training on trafficking and commercial sexual
    exploitation of minors to employees of other Migration
    Departments throughout the region.

    18H.  (SBU)  NGO Casa Por Tus Derechos reported that border
    officials regularly accept sexual favors in return for
    allowing improperly documented adult and minor females to
    cross into Costa Rica.  The NGO also noted that in 2004 a
    local television station produced a documentary in which it
    showed traffickers on the Nicaraguan-Costa Rican border
    paying off local authorities in order to get their victims
    across.  As a result, the officials were separated from their
    duties while an administrative investigation was conducted
    into the misbehavior.  According to the trafficking crimes
    investigative unit, it costs USD 800 in bribes to
    successfully cross all of the border points between Costa
    Rica and Mexico illegally.  NGO Fundacion Rahab told Poloff
    that in December 2004, two female minors accused two
    employees of the local branch of the Comptroller General's
    office in the Caribbean coastal town Limon of commercial
    sexual exploitation of minors.  The charges are currently
    being investigated.  The Public Security Ministry reported
    that it has no information regarding government officials
    involved with or complicit in trafficking activities.

    18I.  (SBU)  In practice, the GOCR has substantial financial
    limitations on its ability to address the trafficking issue.
    The Public Security Ministry reported that it lacks the human
    and financial resources needed to hire more investigators,
    carry out undercover operations, acquire the necessary
    technology, and pay informants.  The Children's Welfare
    Institution (PANI) does not have the resources to maintain
    the number of shelters needed to accommodate trafficking and
    commercial sexual exploitation victims who are minors.  There
    are no shelters specifically for trafficking victims.  Save
    the Children, Defense for Children International, IOM, and
    ILO all reported that the government lacks the resources
    needed to provide victims with the necessary rehabilitation
    services.  There is no systemized operation to provide
    assistance to victims waiting to be repatriated.
    Investigators in the specialized trafficking crimes unit told
    Poloff that they regularly take up collections in their
    office to feed victims who are stuck without food or a place
    to stay while they wait to be sent back home.  The ILO
    lamented that victims assistance programs are financed mainly
    by IOs and NGOs.  The GOCR, according to the ILO, provides
    shelter to minors and does not focus on how to keep the
    minors from being re-victimized once they leave the shelter.
    IOM reported that the GOCR does not have the funds to train
    government officials or provide victims the rehabilitation
    services they require.  Save the Children reported that the
    government is limited in its capacity to combat trafficking
    largely because the government officials responsible for
    leading the fight are not adequately trained and have
    difficulties identifying the crime.

    Additionally, the trafficking crimes investigative unit
    investigators complained that there is little coordination
    between the different organizations involved in combating
    trafficking.  IOM and Save the Children expressed the same
    concern to Poloff, and have committed to hiring a short-term
    consultant to help improve the channels of communication
    between the NGOs, international organizations, and government
    institutions involved.  NGO Alianza Por Tus Derechos lamented
    that there is an overall lack of understanding among the
    population about trafficking; most people think that victims
    are simply prostitutes who engage willingly in commercial sex
    work.  The populace, according to the NGO, does not see a
    need to do anything to help "whores."  The three
    investigators in the trafficking crimes investigative unit
    explained that they have to conduct exhaustive investigations
    because they are basically searching for acceptable evidence
    in order to prosecute traffickers under other related
    statutes, which are hard to prove, like slavery.  Finally,
    lack of clarity on the difference between smuggling and
    trafficking among certain areas of the government as well as
    in draft legislation also limits the government's ability to
    address the trafficking issue (please see paragraph 18G for
    more information).

    18J.  (SBU)  The GOCR's National Commission Against Sexual
    Exploitation of Minors (CONACOES) meets regularly to discuss
    efforts to combat commercial sexual exploitation of minors.
    The Commission is divided into three sub-commissions:
    prevention, assistance for victims and their families, and
    judicial affairs.

    18K.  (SBU)  Prostitution for individuals over the age of 18
    in Costa Rica is legal. Pimping is a crime punishable by two
    to five years in prison.  Brothel owners and operators are
    subject to the same sanctions as pimps.  Article 169 of title
    three of the Criminal Code states that anyone who "promotes
    the prostitution of persons of any sex, or induces them to
    engage in it or maintains them as prostitutes or recruits
    them with this goal will be sanctioned with the punishment of
    two to five years in prison."  According to Article 170 of
    title three, if the individuals involved are minors, or if
    the pimp uses deception, violence, abuse of authority,
    intimidation, coercion, or family connections or other close
    relationships of confidence then the sanction is increased to
    four to ten years in prison.

    ----------
    PREVENTION
    ----------
    19A.  (SBU)  The GOCR recognizes that trafficking is a
    problem.  As mentioned in paragraph 18G, there is some
    confusion among some government officials about the
    differences between trafficking, smuggling, and commercial
    sexual exploitation.  Some officials use the terms
    interchangeably, and therefore officials may think they are
    addressing the issue of trafficking when in fact they are
    speaking about one aspect of it.  In Costa Rica's case, the
    majority of efforts and resources are focused on commercial
    sexual exploitation of minors.  For example, the National
    Commission Against Commercial Sexual Exploitation of Minors
    (CONACOES) is focused on commercial sexual exploitation, and
    trafficking is considered as one modality of this type of
    exploitation.

    19B.  (SBU)  Government agencies involved in anti-trafficking
    efforts include the Ministry of Public Security, the
    Migration Department, the Children's Welfare Institution,
    Judicial Investigative Police (OIJ), the Office of the Chief
    Prosecutor, and the Ombudsman's Office.

    19C.  (SBU)  The Migration Department conducted a national
    public information campaign designed to warn tourists who
    might be interested in sexual tourism.  The campaign included
    putting up posters in airports and placing inserts in
    immigration documents that warned incoming tourists of the
    sanctions against commercial sexual exploitation of minors.
    There are also billboards along the routes to major beach
    hotels.  The GOCR also implemented a national information
    campaign about commercial sexual exploitation, but the
    campaign did not specifically address the issue of
    trafficking in persons.  Post does not have research data on
    the campaign,s effectiveness.

    ILO reported that the Ministry of Foreign Affairs developed
    an initiative to sensitize Costa Rican diplomats to the issue
    of trafficking and how to help prevent and detect it, as well
    as how to respond in a timely fashion to victims they
    identify.  A poster display containing information about
    commercial sexual exploitation and trafficking was sent to
    all employees of the Costa Rican Foreign Service.  A training
    manual was also produced that will be used to train Costa
    Rican diplomats on how to help combat trafficking in minors.
    The manual is currently being printed and will be distributed
    to all Costa Rican diplomatic missions.  Further, the ILO and
    the Migration Department provided training to border
    officials on how to help prevent trafficking.  The training
    included instruction on the difference between smuggling of
    labor migrants and trafficking; the responsibility of
    migration officials to prevent, detect, and report
    trafficking cases they identify; and the officials'
    obligation to protect trafficking victims.  Post does not
    have information on the campaign,s effectiveness.

    The Ministry of Public Security reported that the Migration
    Department is currently working with the ILO to create a
    national protocol on assistance for trafficked minors.
    Additionally, the Migration Department conducted a national
    public information campaign with Defense for Children
    International and Save the Children Sweden on combating
    smuggling and trafficking of minors.  The campaign consisted
    of placing pamphlets and posters in all Migration Department
    offices.   The Migration Department also now includes the
    following language on immigration forms: "Sexual exploitation
    of minors is a crime in Costa Rica.  Report it by dialing
    911."  Post does not have information on the campaign,s
    effectiveness.

    NGO Paniamor reported that it has been working with the
    Ministry of Public Security to provide training to police
    nationwide on police intervention with children and
    adolescents that are either victims or are at risk of being
    sexually exploited.  The Ministry and Paniamor developed a
    pocket-sized manual of "Norms and Procedures" for police
    intervention in such cases.  Paniamor also coordinated with
    the National Police Training Academy to develop a 40-hour
    curriculum about commercial sexual exploitation that will be
    included in the basic police-training course as of May 2005.
    Post does not have information on the campaign,s
    effectiveness.

    19D.  (SBU)  Defense for Children International reported that
    the GOCR supports capacity-building training for its
    employees.  NGO Alianza Por Tus Derechos reported that
    several police officers have sought training on trafficking
    from the NGO without the knowledge of their supervisors.
    According to Alianza, the policemen told Alianza that their
    supervisors were not supportive of their desire to receive
    this training, considering it a distraction from more urgent
    duties.

    IOM and the Ministry of Foreign Affairs reported that the
    GOCR has programs that indirectly help to prevent
    trafficking. For example, the Women's Ministry has programs
    that support the role of a mother in ensuring her children
    remain in school; programs to support adolescent mothers; and
    programs to involve women in micro-enterprise.  The Ministry
    also provides school vouchers and scholarships to help offset
    education costs that can be prohibitive to low-income
    families.

    ILO reported that the Judicial Investigative Police (OIJ),
    the Migration Department, and the Children's Welfare Ministry
    partnered with Save the Children's effort to create a web
    page containing a list of and information about minors who
    have disappeared.  Additionally, OIJ, the Children's Welfare
    Institution, and the Public Security Ministry signed an
    agreement with the International Center for Missing and
    Exploited Children (ICMEC) that allows for the search and
    rescue of minors who have disappeared and been subjected to
    different types of exploitation.

    19E.  (SBU)  Due to budget restraints, the GOCR is limited in
    the financial resources it has available to fund trafficking
    prevention programs.  Instead, the GOCR has sought low-cost
    alternatives to help prevent trafficking, such as the
    initiatives outlined in paragraph 19D.

    19F.  (SBU)  Investigators from the OIJ's special trafficking
    crimes investigative unit, a judge from the children and
    adolescence department, IOM, Save the Children, Alianza Por
    Tus Derechos, and Fundacion Rahab all reported that there is
    a lack of organization between the GOCR, international
    organizations, and local NGOs working on trafficking.  During
    the course of interviews conducted to collect information for
    this report, Poloff noted that on several occasions the
    actors involved were unaware that their efforts were being
    duplicated elsewhere within the anti-trafficking community.
    To help improve the situation, IOM and Save the Children have
    joined together to hire a short-term consultant to help
    facilitate dialog and build institutional relationships among
    the relevant organizations.  Government officials and NGO
    representatives both complained about the Child Welfare
    Ministry's lack of responsiveness and inability to provide
    necessary services to identified victims or at-risk youth.

    19G.  (SBU)  The Migration Department reported that it has
    taken actions directed at exercising better control over the
    entry and exit of minors into and out of Costa Rica.  IOM
    reported that despite the existence of border controls at
    each international border (with Nicaragua and Panama), there
    are an unknown number of unofficial border crossing points
    over which the border control officials have no control.
    Post has no knowledge of GOCR efforts to monitor immigration
    and emigration patterns for evidence of trafficking.

    19H.  (SBU)  The National Commission Against Sexual
    Exploitation (CONACOES) meets regularly to discuss efforts
    being taken to combat commercial sexual exploitation of
    minors.  The Commission is divided into three
    sub-commissions: prevention, assistance for victims and their
    families, and judicial affairs.  There is currently no
    mechanism to coordinate communication between agencies
    involved in combating trafficking (please see paragraph 19F
    for more information).  The GOCR does not have a
    trafficking-in-persons task force.  The GOCR does have a
    public corruption task force, located in the Office of the
    Deputy Attorney General for Ethics.

    19I.  (SBU)  The Ministry of Public Security reported that it
    cooperates with other countries' migration departments,
    Interpol, and the FBI to identify and detain suspected
    traffickers the Ministry is investigating.  Additionally, the
    GOCR partnered with the International Center for Missing and
    Exploited Children (ICMEC) and created a specialized team of
    60 government employees from the Public Security Ministry,
    the Judicial Investigative Police (OIJ), the Children's
    Welfare Institution, and Interpol with the goal of supporting
    the identification and tracking of pedophiles.  They intend
    to do this by offering information to the general public on
    commercial sexual exploitation, making computers available
    for individuals to file charges against pedophiles
    electronically, and training police to track internet sites
    that sexually exploit minors.

    The GOCR participates in the Commission of Central American
    Migration Directors (OCAM)(which includes trafficking in its
    general work plan) and the Regional Conference on Migration
    (CRM).

    Also, a declaration against commercial sexual exploitation of
    minors was issued during the Sixth Conference of Ministers
    and Government Employees Involved in Protecting Youth and
    Adolescents Latin America, which was held in Costa Rica in
    October 2004.

    19J.  (SBU)  The GOCR does not have a national action plan to
    address trafficking in persons.  The National Child and
    Adolescence Plan refers to prevention of trafficking and
    protection of victims.

    19K.  (SBU)  The National Commission Against Sexual
    Exploitation of Minors (CONACOES) meets regularly to discuss
    efforts being taken to combat commercial sexual exploitation
    of minors.  The Commission is divided into three
    sub-commissions: prevention, assistance for victims and their
    families, and judicial affairs.  One of the founding members
    of the Commission lamented privately to Poloff that the
    Commission has not functioned properly since its creation due
    to the lack of a budget.  Another NGO representative also
    shared this opinion with Poloff.  Another NGO reported that
    another difficulty with CONACOES is that the Ministries
    represented do not send decision-makers to the meetings, so
    it is difficult to get things done.

    --------------------------------------------
    INVESTIGATION AND PROSECUTION OF TRAFFICKERS
    --------------------------------------------
    20A-B.  (SBU)  Costa Rica does not have a specific law
    prohibiting trafficking in persons.  However, trafficking is
    codified in Title III (known as the Law Against Sexual
    Exploitation of Minors) and Title XVII (which deals with
    human rights crimes of an international nature) of the
    Criminal Code.  Articles 156 to 163 of Title III were revised
    in August 1999 to include sexual crimes against minors.   The
    reforms broadened the situations and conditions under which
    such crimes are penalized.

    Article 169, which criminalizes pimping, states: "Anyone who
    promotes the prostitution of persons of any gender, maintains
    them in prostitution or induces them to practice prostitution
    or recruits them for this purpose will be sanctioned with a
    prison term of two to five years.  The same sentence will be
    imposed for those who maintain a person in sexual servitude."

    Article 170 criminalizes aggravated pimping with a 4-10 year
    prison term as the penalty for individuals who: pimp minors
    under 18 years of age; use deceit, violence, abuse of
    authority, or exploitation of the victim's situation of
    necessity; use any means of intimidation or coercion; have a
    sibling or blood relationship or have a custodial
    relationship or has a tutor/teacher relationship; or have a
    relationship of confidence with the victim or the family,
    regardless of kinship.  Under Article 170, the will of the
    victim (i.e. the victim's consent to engage in prostitution)
    is considered irrelevant to the offense.

    Article 172 deals with trafficking in persons.  It says,
    "Anyone who promotes, facilitates,

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