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PERMANENT COUNCIL OF THE OEA/Ser.K/XXXIX.3

ORGANIZATION OF AMERICAN STATESRTP-III/doc.10/12 rev. 1

12 November 2012

COMMITTEE ON HEMISPHERIC SECURITYOriginal: Spanish

Third Meeting of National Authorities

on Trafficking in Persons

October 15 to 16, 2012

Guatemala City, Guatemala

RAPPORTEUR’S REPORT

THIRD MEETING OF NATIONAL AUTHORITIES
ON TRAFFICKING IN PERSONS

(Presentedby Sandra Chaves Esquivel, Costa Rica)

OPENING CEREMONY

The meeting’s opening ceremony was led by the Minister of Foreign Affairs of the Republic of Guatemala, Ambassador Harold Caballeros, and by the Assistant Secretary General of the OAS, Ambassador Albert Ramdin. They both emphasized the need to combine national efforts and regional, horizontal, and multilateral cooperation actions to build an appropriate strategy for effectively tackling human trafficking.

Following the opening ceremony, Ambassador Bayney Karran, Permanent Representative of Guyana and Chair of the OAS Committee on Hemispheric Security, served as the meeting’s pro tempore chair.

ELECTION OF OFFICERS OF THE MEETING

The delegation of Nicaragua nominated Zulma Subillaga Dubón, Executive Secretary of Guatemala’s Secretariat against Sexual Violence, Exploitation, and Human Trafficking, to chair the meeting. She was elected by acclamation.

Following the election of Ms. Subillaga Dubón as chair of the meeting, the delegation of the United States nominated Luz Gamelia Ibarra Madana, Paraguay’s Director of Prevention of Human Trafficking and Attention to Victims, to serve as the meeting’s vice chair. She was elected by acclamation.

The delegation of Chile nominated Sandra Chávez, Technical Secretary of Costa Rica’s National Coalition against Illicit Migrant Trafficking and Trafficking in Human Lives, to serve as the meeting’s rapporteur. She was elected by acclamation.

The plenary then adopted the meeting’s agenda (RTP-III/doc.2/12 rev. 1) and schedule (RTP-III/doc.3/12 rev. 2).

PART ONE

The meeting heard the following presentations on the progress made in implementing the Work Plan against Trafficking in Persons in the Western Hemisphere:

  1. Ambassador Adam Blackwell, Secretary for Multidimensional Security, presented the report of the General Secretariat of the Organization of American States (OAS) (RTP-III/doc.6/12), which summarizes the programs and activities carried out by the Department of Public Security of the Secretariat for Multidimensional Security and the Inter-American Commission on Human Rights (IACHR) toward implementing the Work Plan against Trafficking in Persons in the Western Hemisphere 2010-2012, which was adopted by the fortieth regular session of the General Assembly [resolution AG/RES. 2551 (XL-O/10)].
  1. The member states then presented their reports. The presentations were given in the following order, and the most salient points they contained are summarized below.

1.Guatemala: Efforts are being made in the areas of punishment, prosecutions, training of prosecutors, and public officials. The Supreme Court of Justice has specialized tribunals for violence and trafficking. National and regional guidelines currently exist, along with other important instruments; the greatest progress has been made with combating and bringing these crimes to justice. (RTP-III/INF.22/12)

2.Paraguay: The Interinstitutional Commission for International Cooperation was created in 2005. Paraguay is both a country of destination and a country of origin. Comprehensive bill passed on September 6, currently on its second hearing. Paraguay has a national policy, with shelters for victims. (RTP-III/INF.11/12)

3.Costa Rica: The National Coalition against Illicit Migrant Trafficking and Trafficking in Human Lives was created in 2005; it involves 27 agencies and has four technical working committees in the strategic areas of prevention, attention, law enforcement, and research, analysis, and information. It has provided training for more than 6,000 people. Costa Rica has passed the Law against Human Trafficking. Immediate Attention Teams have assisted 82 victims, with coordinated actions for the restitution of their rights. A Victims and Witnesses Attention office has been set up, as has an Organized Crime Prosecution Unit, which deals comprehensively with these crimes. (RTP-III/INF.5/12)

4.Nicaragua: National Coalition against Human Trafficking has trained more than 22,000 people. Nicaragua hasissued 43 convictions for the crime of trafficking in human lives. It also has shelters to assist victims, and several awareness programs.(RTP-III/INF.6/12)

5.Colombia: Major progress made in preventing trafficking and in attending to and protecting its victims; it has criminalized the offense, and it has created the Departmental Commission against Human Trafficking. Colombia has a format for moot courts, legal assistance, and victim attention programs. Through international cooperation, memorandums of understanding have been proposed. Ten networks have been dismantled, and more than 50 cases have been brought before the judicial system. Colombia shares intelligence reports with other countries. There is also a special prosecution unit to deal with these crimes. (RTP-III/INF.7/12)

6.Argentina: Law against Human Trafficking in force since 2008. It has an interdisciplinary Team for a comprehensive approach, by which trafficking victims are interviewed with high levels of confidentiality. It provides assistance with rescue, shelter, and accompanimentthroughout judicial proceedings. Argentina has large numbers of victims of internal trafficking. Victims are accompanied at trial. Since the Trafficking Law was enacted four years ago, Argentina has handed down 52 convictions for trafficking crimes. It has processes for the reintegration of victims and protocols for the different processes, including one to identify victims at border crossings. It has also banned the publication of services that could expose people to the danger of falling into the hands of trafficking networks. A total of 13,500 victims have been rescued. The countryalso has a major campaign with the theme “when there are no customers, there’s no trafficking.” (RTP-III/INF.8/12)

7.Bahamas: The country intends to issue a firm declaration against trafficking in persons; this has been a goal since 2008. A law was enacted that same year, ratifying the Palermo Protocol. The country’s approach is centered on attention for victims, prevention, and public awareness. It recently amended and strengthened the Trafficking in Persons (Prevention and Suppression) Act. Under the Justice Protection Act, the Ministry of National Security coordinates the efforts of the committee, made up of senior officials, which is responsible for detection; they have specialized prosecutors, and the police has specialized trafficking units. Particular emphasis has been placed on detecting victims. Border controls have been strengthened to detect victims. Civil society is involved with the topic, in the areas of cooperation and in attending to victims. The Bahamas is interested in cooperating on investigations with police forces from nearby countries. They acknowledge the assistance of the U.S. in strengthening the country’s institutional framework. There is no easy solution in fighting this crime. A National Plan against Human Trafficking is being prepared. (RTP-III/INF.20/12)

8.Honduras: The Law against Human Traffickingwas enacted in less than two months; it has a Commission against Human Trafficking. In 2005, trafficking for sexual exploitation was criminalized. Efforts are being made to raise awareness about the crime; specialized units have been created in the Public Prosecution Service and in police forces. Five maps on the topic have been drawn up, and there is a protocol for comprehensively attending to victims. The visibility of the topic on the public agenda has been raised. Also, cooperation efforts have been structured, the media have covered the topic, there is a hotline for reporting cases, and there is a quick response team for dealing with cases. There have been exchanges of good practices with Colombia and Spain on the topic of convictions; and coordination with Guatemala to investigate cases. The Law institutionalized the National Coalition; creation of a fund for victim attention; creation of the Quick Response Team based on good practices from other countries, such as Costa Rica. Challenges with the new Law: ensuring effective detection of victims, strengthening strategies at the international level, and training. (RTP-III/INF.9/12)

9.Uruguay: Substantial progress has been made since 2010, with a joint project with the European Union, overseen by the National Women’s Institute, the goal of which is to produce a policy public for eradicating the crime of human trafficking. Major progress has been made over the past three years. Work is underway on a procedural guide, an action protocol for embassies, systematization of cases before the courts, new members of the Interinstitutional Panel for Combating Human Trafficking. Two attention services are in place: one for women, and one for minors. Cases are registered and there are various training campaigns for public officials. Uruguay acknowledges that it is a country of origin, transit, and destination.(RTP-III/INF.10/12)

10.Chile: The Government of Chile has undertaken state actions to enforce the protocols ratified through the Mercosur Plan of Action. It has created the Intersectoral Panel against Human Trafficking, which systematizes actions against this crime. Work has been carried out on victim attention andawareness campaigns.Chile has an Action Plan against trafficking. In operations, efforts have been made on police and immigration issues. The Carabineros are trained, as is the prosecution service. Within Mercosur, Chile participates in the network of prosecutors, the aim of which is to fight the crime of human trafficking. Chile has a shelter for women, girls, and teenagers who have been victims of human trafficking. There are 16 reintegration projects for minors who have been victims of sexual exploitation or human trafficking. Geographical mappings have been produced. (RTP-III/INF.18/12)

11.Panama: Panama has a new law against human trafficking, a campaign with the theme “One Heart United against Trafficking in Persons,” and a National Plan against Human Trafficking. Panama is a member of the Network of Prosecutors against Organized Crime. By 2017, the country will have two shelters. (RTP-III/INF.15/12)

12.Ecuador: The country admits that it has a serious problem with impunity and weaknesses in its international cooperation. It has a National Plan of Action against trafficking in persons. It is working on training its police and on qualitative and quantitative studies with other countries. It has a specialized police unit which will soon have 50 officers. Ecuadoralso hopes to produce a better legal definition of the crime. They have a hotline for receiving complaints. Reports of trafficking are increasing in Ecuador, but sentencing is deficient. Redress and restitution of rights demand a high level of coordination between the police forces and the agencies in charge. Efforts have been made in the areas of sexual exploitation and sexual tourism. They are working on protocols in conjunction with Peru. The process to draft the law began recently. (RTP-III/INF.21/12)

13.El Salvador: El Salvador has created the National Council against Human Trafficking in persons; this is made up of different ministries and comprises approximately 20 agencies. El Salvador has a national migration policy in place. Trafficking is seen as a crime and, as such, must be addressed comprehensively. In the past two years, the Law on Children and Adolescents and the Law on Violence-free Lives for Women have been enacted. It is a case within the SICA Security Strategy. (RTP-III/INF.13/12)

14.Mexico: Commission against Human Trafficking established in 2009; a new General Law on Trafficking enacted in June 2012, covering prosecutions, victim attention, National Program for Comprehensive Prevention of the Crime of Trafficking in Persons. The Law will allow a better overall assessment, in order to enable more aggressive efforts to be made. Work is currently underway on its regulations. Law enforcement is the task of a commission led by the attorney general’s office; that commission is working on a protocol that will lead to the creation of a training model for a greater impact within judicial systems. There is a specialized maximum-security shelter for victim support; 40,270 people have received training through the Blue Heart Campaign.The campaigns have been translated into various indigenous languages in order to reach the entire population. (RTP-III/INF.24/12)

15.Brazil: The national policy on human trafficking treats trafficking as a crime and provides victims with treatment and attention. The first National Plan needs to be updated; it has three axis: prevention, attention, and protection. Victim attention and the number of investigations are being expanded. In Brazil, state policies are focused on dealing with the internal and external problems. In order to improve the gathering of statistics and their interpretation, consideration is being given to the contracting of consulting services;. 15 centers are operational; these centers work to provide victim assistance and attention. Campaigns are organized to inform travelers and warn them about these crimes. Each federal agency has autonomy to implement its own actions. The National Policy involves different ministries and has participation by civil society and other organizations.(RTP-III/INF.16/12)

16.Canada: This year an action plan to combat human trafficking is being launched, covering both prevention and punishment. It focuses on affected populations and is geared toward law enforcement; the investigation of these crimes has improved. Campaigns are conducted among the first-nation peoples and at-risk populations. Canada supports what the governments of the Americas are doing. In Guatemala it is funding a UNICEF project; in El Salvador it is working on projects for victims, particularly women. International cooperation focuses on dealing with the crime of human trafficking. Law-enforcement authorities and prosecution services must make great efforts in this area. (RTP-III/INF.12/12)

17.BolivarianRepublic of Venezuela: Venezuela is aware that the problem of organized crime exists; it sees prevention as a key element in keeping vulnerable groups from falling into the hands of human-trafficking networks. It has taken steps to prevent this crime. With its Organized Crime Law, Venezuela has strengthened its prosecution and definition of the crime of trafficking in human lives. It also punishes the offense more severely through harsher sentences. Legal frameworks have been implemented to protect minors. In the area of border security, rules and procedures to control people entering and leaving the country are being strengthened, and there are more than 150 border posts. It has a committee with Brazil that is focused on providing attention for women who have suffered abuse and are victims of human trafficking. A fund for assisting crime victims has existed since 2011. Police officers, judges, and officials of the Specialized Investigations Corps have been strengthened, and the country is committed to improving exchanges of intelligence information. Venezuela reiterates its position of rejecting policies that prevent the topic from being seen as a whole at the regional level. (RTP-III/INF.17/12)

18.Dominican Republic: Significant efforts are being made to combat this crime, and the country has managed to get itself off the U.S. Department of State’s watch list. The cases detected indicate that victims are revealed by family members and other persons close to them. The legal framework defines and prohibits all forms of trafficking and applies aggravating factors; the fines imposed are sizable. It establishes the responsibility of networks. It criminalizes child prostitution and pornography. The Minors’ Code establishes provisions related to the threat of exploitation of under-age children. In October 2007, a decree ordered the creation of the Commission against Human Trafficking, which carries out the National Plan against trafficking in persons. Priority is placed on combating the crime, investigations, prevention, and victim attention. The plan provides a road map for tackling these crimes. (RTP-III/INF.23/12)

19.Guyana: A National Plan for 2010-2012 is in place; efforts have been made by improving the laws to fight the crime, to strengthen victim assistance, and to prevent revictimization. These efforts have also involved campaigns for strengthened awareness-raising among the population. Work with other countries on exchanges of information related to human trafficking is being stepped up.

20.Trinidad and Tobago: The country works with large migration flows and has acknowledged that any strategy pursued must be comprehensive. It has legislation to prevent trafficking in persons, based on three central elements: prevention, combat, and assistance for victims. The crime of human trafficking is dealt with by high-level authorities. Trinidad and Tobagoexpects to have a specific law in place by the end of November. Sex tourism, which is identified as a crime, is a topic of interest. In Trinidad and Tobago, procedures to be followed in complaints will be established.The law provides for witnesses protection programs and compensation payments. Technical cooperation for training has been received. The treatment of the topic of trafficking is still embryonic. The delegation of Trinidad and Tobago said it has used the resources available to it to combat the crime; however, it would help them to learn about what other countries have already implemented. (RTP-III/INF.14/12)