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### Viewing cable 05QUITO490, SUBMISSION FOR 2005 TIP REPORT

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Reference ID | Created | Released | Classification | Origin
--- | --- | --- | --- | ---
05QUITO490 | 2005-03-02 12:15 | 2011-05-02 00:00 | UNCLASSIFIED | Embassy Quito

`

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

` `

    UNCLAS SECTION 01 OF 06 QUITO 000490

    SIPDIS

    STATE FOR WHA/PPC, WHA/AND, AND G/TIP

    E.O. 12958: N/A
    TAGS: KCRM PHUM KWMN ELAB SMIG ASEC KFRD PREF
    SUBJECT: SUBMISSION FOR 2005 TIP REPORT

    REF: SECSTATE 273089

    ¶1.  Summary:  Ecuador continues to take steps to combat
    trafficking in persons (TIP).  Since issuing a presidential
    decree in August 2004, the government has drafted a national
    plan, increased public awareness of the problem, and reached
    out to source and destination countries.  The GOE has
    cooperated with the International Labor Organization (ILO) to
    establish a center for TIP victims in Machala, and trained
    police and other employees about TIP.  Congress debated the
    first draft of an anti-trafficking bill, and in the meantime
    authorities have prosecuted and sentenced child pornographers
    under existing laws.  The police have stepped up raids on
    nightclubs and bars where minors work as prostitutes,
    returning numerous TIP victims to their families.  The
    inter-institutional committee meets regularly to coordinate
    the GoE's plan and actions against TIP.  Despite these steps,
    key challenges remain:  passing pending legislation in a
    distracted Congress, using the new law to investigate and
    prosecute traffickers, finalizing the national plan, and
    providing victims services.  Responses below are keyed to
    questions in RefTel.  End Summary.

    Overview of Activities to Eliminate TIP
    ---------------------------------------

    ¶2.  A-B:  Is the country a country of origin, transit or
    destination for international trafficked men, women, or
    children?  There is a lack of reliable or detailed
    information available on trafficking in
    persons*-domestically and especially internationally.
    Ecuador is a country of origin and destination, and possibly
    of transit, for victims of trafficking.  Last year's report
    indicated victims may be trafficked to Spain, but we have no
    new information to substantiate this.   Despite the high
    numbers of Ecuadorians living in the U.S. illegally (1.6
    million), U.S. authorities have not brought to the Embassy's
    attention any trafficking cases involving Ecuadorian culprits
    or victims in the U.S.

    ¶3.  A-B:  The ABA collected anecdotal evidence on trafficking
    patterns.  There was no estimate of the number of victims.
    The report indicated that some women were trafficked as
    prostitutes from Colombia to Ecuador and that some boys were
    victims of sexual exploitation of minors, especially at
    hotels.  Banana plantations, mines, and the shrimp industry
    are believed to exploit people for forced labor by the ABA,
    but due to a shortage of labor inspectors, we have very
    little information.

    ¶4.  A-B:  Until credible new evidence shows otherwise,
    current information indicates the highest incidence of
    trafficking occurs domestically via prostitution of minors
    between 14-18 years of age.  Once the law is passed changing
    the legal age of consent for prostitution to 18, the GOE will
    have a legal basis to combat this aspect of the problem.

    ¶5.  C:  Have there been any changes in the direction or
    extent of trafficking?  We have no information indicating
    trafficking patterns have changed.

    ¶6.  D:  Are any efforts or surveys planned or underway to
    document the extent and nature of trafficking in the country?
     The only new information available is the ABA report.  (See
    paragraph 3.)  No additional surveys are planned.

    ¶7.  E:  If the country is a destination point for trafficked
    victims, what kind of conditions are the victims trafficked
    into?  Victims are believed to be trafficked into
    prostitution.  No additional information is available.

    ¶8.  F:  If the country is a country of origin, which
    populations are targeted by the traffickers?  Some victims
    may choose to immigrate illegally and then become victims of
    trafficking along the way.  Families or friends often
    encourage girls to participate in prostitution due to dire
    economic circumstances.  False documents are common and
    easily obtained.

    ¶9.  G:  Is there political will at the highest levels of
    government to combat trafficking in persons?  Yes, political
    will exists at the highest levels of government to combat
    TIP.  The GOE has increased its focus on combating TIP, but
    is also facing other pressing problems, including political
    instability, and poverty.  President Gutierrez issued a
    decree in August 2004, denouncing TIP and related crimes and
    forming an inter-institutional committee to combat it.  The
    president and Minister of Government have repeatedly
    expressed the GoE's commitment to combat TIP.  Minister of
    Foreign Affairs Patricio Zuquilanda on February 14, 2005,
    wrote the Ambassador a letter highlighting the GoE's efforts
    to combat trafficking and its ongoing commitment to end this
    atrocity.  The inter-institutional committee to combat
    trafficking has met regularly since January and written a
    draft national action plan.  The municipal government of
    Machala has cooperated with the ILO to provide new victim's
    services.  A government-private roundtable on sexual
    exploitation continues to meet and work to change relevant
    laws.  However, political instability and other problems make
    it difficult for the government to focus on trafficking.

    ¶10.  H:  Do governmental authorities or individual members of
    government forces facilitate or condone trafficking?  The USG
    has no information on GOE officials facilitating or condoning
    trafficking.  However, GOE officials have been accused of
    facilitating alien smuggling.  Although Police General Jorge
    Poveda was publicly accused of alien smuggling, no charges
    were ever filed against him.

    ¶11.  I:  What are the limitations on the government's ability
    to address this problem in practice?  The government faces
    many limitations to its ability to address TIP fully in
    practice.  Due to Ecuador's widespread poverty and the
    government's difficult fiscal situation, the GOE does not
    have the resources to adequately address the country's many
    social and criminal problems.  The police and other justice
    system institutions do not have the resources necessary to
    combat the level of crime they face.  In addition to
    government resource constraints, corruption is widespread and
    pervasive.  The GOE has begun to implement justice system and
    anti-corruption reforms.  However, these reforms have not yet
    resulted in a significant decrease in corruption.

    ¶12.  J:  To what extent does the government systematically
    monitor its anti-trafficking efforts (on all fronts --
    prosecution, prevention and victim protection) and
    periodically make available, publicly or privately and
    directly or through regional/international organizations, its
    assessments of these anti-trafficking efforts?  CONAMU (the
    National Commission on Women) provided a written report of
    its activities to the inter-institutional committee against
    trafficking in January.  Through the same commission, the
    government has begun to assess its efforts to combat TIP.
    The committee issued a report internally and to the Embassy
    documenting its efforts.  DINAPEN reports on its efforts to
    rescue minors from prostitution bi-weekly.

    ¶13.  K:  Is prostitution legalized or decriminalized?
    Regulated prostitution is legal in Ecuador, and the age of
    consent is 14.  If a person facilitates the prostitution of
    another person, without following the government regulations,
    the sanction is one to three years of imprisonment; this
    provision could be used to prosecute traffickers.  If a
    person facilitates the prostitution of a minor under the age
    of 14, or uses violence or coercion to force someone to
    engage in prostitution, the penalty is six to nine years
    imprisonment.  The Code of Children and Adolescents, that
    went into effect in July 2003, explicitly defines commercial
    sexual exploitation of minors as applying to anyone under the
    age of 18; however, the penal code has not yet been reformed
    to match.  The GOE is working on reforms to the penal code
    with USG, ABA, and UNICEF,s assistance.

    Prevention
    ----------

    ¶14.  A:  Does the government acknowledge that trafficking is
    a problem in that country?  Government officials at all
    levels and across all ministries acknowledge the TIP problem.
     They are particularly concerned about internal child
    prostitution and acknowledge the potential for international
    trafficking to be a problem, given the high levels of
    emigration from Ecuador.

    ¶15.  B:  Which government agencies are involved in
    anti-trafficking efforts?  The GOE agencies involved include:
     1) The Ministry of Government, which chairs the
    inter-institutional committee; 2) the National Commission on
    Women; 3) the Ministry of Foreign Affairs; 4) Attorney
    General's Office; 5) the Presidency; 6) the Ministry of
    Education; 7) the Ministry of Social Welfare; 8) the Ministry
    of Labor; 9) the Ministry of Public Health; 10) the Ministry
    of Social Welfare; 11) The National Institute for Children
    and the Family (INNFA); and 12) the police dedicated to
    protecting children (DINAPEN).

    ¶16.  C:  Are there or have there been government-run
    anti-trafficking public information or public education
    campaigns?  The media has published numerous articles about
    trafficking, child prostitution, and pornography.  Former
    minister of government Raul Baca publicly described pending
    legal reforms and the GoE's commitment to combat TIP in an
    interview by a national newspaper in August 2004.  Other
    articles highlighted the contents of the presidential decree
    to against TIP.

    ¶17.  D-E:  Does the government support other programs to
    prevent trafficking? (e.g., to promote women's participation
    in economic decision-making or efforts to keep children in
    school.)  CONAMU and DINAPEN created a paper system to track
    victims of commercial sexual exploitation of minors.  The GOE
    also has programs aimed at preventing problems related to
    trafficking, and they may provide alternatives to those at
    risk of becoming trafficking victims.  There are programs to
    keep children in school and aid those at risk of child labor,
    as well as limited programs to improve the economic situation
    of women.  The Ministry of Public Health has a program to
    prevent, detect, and aid victims of child abuse.  The police
    say they have increased control of false documents in places
    where prostitution is legal, but we are not aware this has
    actually happened.  Banana and flower social forums bring
    government, NGO, IO, union and business leaders together to
    discuss child labor.  Ecuador's economic situation limits the
    GoE's ability to support social programs in general,
    including programs that may help prevent trafficking.

    ¶18.  F:  What is the relationship between government
    officials, NGOs, other relevant organizations and other
    elements of civil society on the trafficking issue?  The
    roundtable on sexual exploitation includes members of civil
    society.  The committee on trafficking has invited members of
    civil society, such as the ABA and the ILO, to speak at its
    meetings.  As the work on the issue continues to evolve,
    increased cooperation is expected to occur.

    ¶19.  G:  Does the government adequately monitor its borders?
    Does it monitor immigration and emigration patterns for
    evidence of trafficking?  The GOE cannot adequately monitor
    its porous borders.  Ecuador has a relatively long coastline,
    and much of its borders with Colombia and Peru are in remote
    areas and difficult to monitor.  The GOE increased the police
    presence on the northern border, but is still unable to
    effectively monitor the entire border.  Given the limited
    information on international TIP, the GOE has not
    specifically monitored migration patterns to determine if
    there is evidence of TIP.

    ¶20.  H:  Is there a mechanism for coordination and
    communication between various agencies, such as a
    multi-agency working group or a task force?  The
    anti-trafficking international committee to combat TIP has
    members from 10 government agencies as mentioned above.  The
    members are committed to combating the problem and have been
    meeting frequently since January.

    ¶21.  H:  The GoE's primary anti-corruption body has been the
    Commission for the Civic Control of Corruption (CCCC), which
    investigates corruption but does not have the authority to
    issue sanctions.  In 2003 President Gutierrez formed the
    Anti-Corruption System (SAE).  This inter-agency task force
    includes the GoE's Controller, Attorney General, Chief
    Prosecutor, Human Rights Ombudsman, Banking,
    Telecommunications and Companies Superintendencies, and
    members of Congress.  The SAE is charged with coordinating
    policies, plans and programs to eradicate corruption.
    Neither organization was very active in 2004.

    ¶22.  I:  Does the government coordinate with or participate
    in multinational or international working groups or efforts
    to prevent, monitor, or control trafficking?  The MFA
    organized seminars in Quito with the UN-ODCP in October 2004
    and with the French Embassy in November 2004.  Ecuadorian
    embassies and consulates, especially those in Spain, Austria,
    the U.S., and several Latin American countries, work with
    their host governments and the United Nations to combat
    trafficking.
    ¶23.  J.  Does the government have a national plan of action
    to address trafficking in persons?  The GOE drafted a TIP
    plan and expected to approve it in early March.  All members
    of the inter-institutional committee on trafficking gave
    input for the plan.  However, the February 22, 2005 change of
    Minister of Government (as head of the committee) will delay
    its approval.

    ¶24.  K:  Is there some entity or person responsible for
    developing anti-trafficking programs within the government?
    The presidential decree to combat trafficking charges the
    Minister of Government with coordinating GOE efforts to
    combat trafficking; the Presidential Legal Advisor serves as
    secretary to the inter-institutional committee.  Ministry

    SIPDIS
    staff have worked diligently to draft the national action
    plan and to support the committee's work.

    Investigation and Prosecution of Traffickers
    --------------------------------------------

    ¶25.  A-B:  Does the country have a law specifically
    prohibiting trafficking in persons--both trafficking for
    sexual exploitation and trafficking for non-sexual purposes
    (e.g. forced labor)?  Ecuador's laws on TIP remain unchanged
    from last year.  However, Congress is reviewing a proposal to
    reform the criminal code to penalize traffickers and raise
    the age of consent for prostitution to 18.  Article 23 of the
    constitution explicitly prohibits slavery and trafficking in
    persons in all forms.  The Code of Children and Adolescents,
    prohibits trafficking and the sexual exploitation of minors
    under the age of 18; however, Congress has not yet passed
    penal code reforms to match.  There are effectively no
    alternative laws strong enough to provide penalties for TIP.

    ¶26.  C:  What are the penalties for rape or forcible sexual
    assault?  Penalties for rape or forcible sexual assault range
    from one to 25 years imprisonment, depending on the
    circumstances.  Sentences are higher when the victim is under
    the age of 14.

    ¶27.  D:  Has the Government prosecuted any cases against
    traffickers?  If so, provide numbers of investigations,
    prosecutions, convictions, and sentences, including details
    on plea bargains and fines, if relevant and available.  In a
    key TIP-related case, the perpetrators in the Burdet-Cedeno
    child pornography ring were convicted on October 19, 2004, on
    four charges of raping minors with sentences of 12 to 25
    years.  On September 24, 2004, Ecuadorian citizen and U.S.
    legal permanent resident Angel Mariscal was also sentenced to
    100 years on 7 charges of child pornography.

    ¶28.  E:  Is there any information or reports of who is behind
    the trafficking?  For example, are the traffickers freelance
    operators, small crime groups, and/or large international
    organized crime syndicates?  Many domestic victims of
    trafficking are child prostitutes, most of whom work legally
    and with their parents, knowledge and consent.  An ILO
    report on commercial sexual exploitation of minors indicates
    that many began to work in the commercial sex industry
    through contacts with relatives or friends.  Due to the lack
    of information on international TIP in general, there is no
    specific information on who might be behind it.

    ¶29.  E:  There is little information about TIP networks, but
    DHS reports that there are criminal networks that smuggle
    Ecuadorians and third country nationals to the U.S. and
    Western Europe.  These networks have international contacts
    in Central America, Mexico, the U.S. and Europe.  The
    networks sometimes operate through travel agencies.

    ¶30.  F:  Does the government actively investigate cases of
    trafficking?  The GOE sends us weekly reports of raids
    DINAPEN conducts throughout the country looking for TIP
    victims.  However, due to the lack of legislation
    criminalizing TIP and the police's lack of resources and
    knowledge of investigative techniques, police typically are
    unable to collect evidence to prosecute traffickers, and
    existing legislation is inadequate to prosecute.  DINAPEN is
    committed to fighting TIP and has requested additional
    training from the Embassy.  They have already received
    training on internet child pornography investigation
    techniques and commercial sexual exploitation of minors.  We
    continue to look for further opportunities for collaboration
    and training with the American Bar Association is planned for
    the near future.

    ¶31.  G:  Does the government provide any specialized training
    for government officials in how to recognize, investigate,
    and prosecute instances of trafficking?  The ILO and Ministry
    of Government jointly funded training for DINAPEN on the
    commercial sexual exploitation of minors.  DINAPEN's regional
    director in Quito continues to lobby for additional training
    for her employees on trafficking and how to recognize and
    work with victims they may find.  DHS has provided DINAPEN
    with training on investigating child pornography.  (See
    preceding paragraph.)  At the TIP inter-institutional
    committee's request, the ABA recently gave the group a
    training session on the differences between trafficking and
    alien smuggling and facilitated a workshop on developing a
    national plan.

    ¶32.  H:  Does the government cooperate with other governments
    in the investigation and prosecution of trafficking cases?
    GOE officials have expressed willingness to cooperate with
    other governments in the investigation and prosecution of
    trafficking cases.  The Ministry of Foreign Affairs met with
    officials from the embassies of Peru and Colombia in December
    2003 to discuss cooperation and has promised to schedule
    another meeting in early March with representatives from the
    countries and Spain.  Ecuadorian embassies and consulates
    have met with host government counterparts in Spain, Peru,
    Colombia, and other Latin American countries to discuss the
    problem and copies of their national plans.

    ¶33.  I:  Does the government extradite persons who are
    charged with trafficking in other countries?  Ecuador's
    constitution prohibits Ecuadorian citizens from being
    extradited to other countries.  Citizens of other countries
    could be extradited.  Unfortunately the GOE has not complied
    with USG requests to deport accused child pornographer Joseph
    Day.

    ¶34.  J:  Is there evidence of government involvement in or
    tolerance of trafficking, on a local or institutional level?
    There is no evidence of GOE involvement in or tolerance of
    TIP, on a local or institutional level.  Allegations of
    police tolerance of alien smuggling are under investigation.

    ¶35.  K:  If government officials are involved in trafficking,
    what steps has the government taken to end such
    participation?  We are unaware of any trafficking cases
    involving public officials.

    ¶36.  L:  If the country has an identified child sex tourism
    problem (as source or destination), how many foreign
    pedophiles has the government prosecuted or
    deported/extradited to their country of origin?  Some child
    sex tourism may occur in Ecuador in coastal areas, but no
    strong evidence exists.

    ¶37.  M:  Has the government signed, ratified, and/or taken
    steps to implement the following international instruments?

    --ILO Convention 182 concerning the prohibition and immediate
    action for the elimination of the worst forms of child labor.
     Signed June 17, 1999 and ratified July 1, 2000.

    --ILO Convention 29 and 105 on forced or compulsory labor.
    ILO Convention 29 was ratified June 7, 1954.  ILO Convention
    105 was ratified May 2, 1962.

    --The Optional Protocol to the Convention on the Rights of
    the Child (CRC) on the sale of children, child prostitution,
    and child pornography.  Signed September 6, 2000, and
    ratified January 30, 2004.

    --The Protocol to Prevent, Suppress and Punish Trafficking in
    Persons, especially Women and Children, supplementing the UN
    Convention Against Transnational Organized Crime.  Signed
    December 13, 2000 and ratified September 17, 2002.

    Protection and Assistance to Victims
    ------------------------------------

    ¶38.  A:  Does the government assist victims, for example, by
    providing temporary to permanent residency status, relief
    from deportation, shelter and access to legal, medical and
    psychological services?  The proposed legal code reform
    prevents TIP victims from being deported for migration
    violations.  Pregnant women and children under five years of
    age receive free medical care, so some TIP victims would be
    covered in this program.

    ¶39.  B:  Does the government provide funding or other forms
    of support to foreign or domestic NGOs for services to
    victims?  The government has very little funding for social
    programs in general and does not yet fund programs in this
    area.

    ¶40.  C:  Is there a screening and referral process in place,
    when appropriate, to transfer victims detained, arrested or
    placed in protective custody by law enforcement authorities
    to NGO's that provide short- or long-term care?  Ecuador is
    still beginning its work on victims, services and once the
    law is passed will likely begin coordination between the
    police and victims, services, providers.

    ¶41.  D:  Are the rights of victims respected, or are victims
    also treated as criminals?  Victims of commercial sexual
    exploitation of minors are not detained or treated as
    criminals, as prostitution is legal in Ecuador.  In cases
    where they have false documents (often proof of age), they
    are fined for falsification of documents.  Victims of
    commercial sexual exploitation of minors are typically
    returned to their families.  We are not aware of any cases
    where international trafficking victims were jailed or
    deported by the GoE.

    ¶42.  E:  Does the government encourage victims to assist in
    the investigation and prosecution of trafficking?  Victims of
    trafficking can file civil suits against traffickers without
    legal impediment.  However, the inefficient and corrupt
    judicial system might discourage victims from filing suits.
    There is no victim restitution program.

    ¶43.  F:  What kind of protection is the government able to
    provide for victims and witnesses?  The government does not
    have any shelters but has cooperated with the ILO to begin a
    victims center in Machala.  The attorney general's office has
    said it plans to provide to protection to victims who
    testify.  To date, the government affords little protection
    to witnesses of any crimes, due to its resource constraints.

    ¶44.  G:  Does the government provide any specialized training
    for government officials in recognizing trafficking and in
    the provision of assistance to trafficked victims, including
    the special needs of trafficked children?  The MFA provides
    basic information on trafficking as part of its general
    training on international affairs.  All embassies and
    consulates were made aware of the ratification of the Palermo
    Convention,s protocols.  Ecuador,s embassy in Spain has
    worked with a Spanish NGO to try to develop projects related
    to child prostitution.

    ¶45.  H:  Does the government provide assistance, such as
    medical aid, shelter, or financial help, to its repatriated
    nationals who are victims of trafficking?  The GOE does not
    provide assistance to repatriated nationals who are victims
    of trafficking.

    ¶46.  I:  Which internationals organizations or NGOs, if any,
    work with trafficking victims?   The ILO has begun setting up
    a daytime center for TIP victims in Machala and has begun
    planning centers in Quito and Guayaquil.  Former Minister of
    Government Baca's office worked closely with the ILO in this
    undertaking.  The municipal government of Machala also
    cooperates with the ILO.  Defensa de los Ninos Internacional
    has begun work with trafficking victims in Santo Domingo de
    los Colorados.  NGO "Geneva Global" awarded grants to five
    NGOs in Ecuador in December 2004 to provide services to
    victims.

    ¶47.  Embassy point of contact for TIP issues is
    Mary-Elizabeth Knapp, (593)(2)256-2890 ext. 4424 or post IVG
    number is 644, Fax (593)(2)254-0712, e-mail: knappm@state.gov.

    ¶48.  Hours spent in preparation of this report:  Political
    Section Chief (FS 2): 4 hours; Political officer (FS 5): 30
    hours; Political FSN (FSN 9):  10 hours.  (Note:  Other post
    members, from the Ambassador and DCM on down, worked on TIP
    issues during the year; the hours listed above are solely for
    the preparation of this report.)
    KENNEY

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