VZCZCXRO9932
PP RUEHPD
DE RUEHC #1745/01 2942141
ZNR UUUUU ZZH
P R 202134Z OCT 08
FM SECSTATE WASHDC
TO RUEHLI/AMEMBASSY LISBON PRIORITY 6481
INFO RUEHPD/AMCONSUL PONTA DELGADA 0298

UNCLAS SECTION 01 OF 05 STATE 111745 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: KCRM KWMN PHUM PO PREL SMIG KTIP
SUBJECT: PORTUGAL: TIP ACTION GUIDE TO COMBAT TIP 
(2008-2009) 
 
REF: EMAIL FROM DESK WITH FINAL ELECTRONIC ACTION PLAN 
 
 ¶1.  This is an action request (see para 5). 
 
¶2.  The 2008 Trafficking in Persons Report rates countries as 
Tier 2 when host governments are not meeting the minimum 
standards to combat trafficking in persons (TIP) as defined 
by the Trafficking Victims Protection Act (TVPA), but are 
making significant efforts to do so.  Remaining on Tier 2, 
however, is not guaranteed; governments must continue to 
combat TIP and especially address areas that need further 
work.  All Tier 2 countries will move to Tier 1 if and when 
they evidence satisfaction of all of the minimum standards. 
Tier 2 countries are also subject to slipping to Tier 2 Watch 
List or Tier 3 if they do not continue to make significant 
efforts to meet the minimum standards from one year to the 
next. 
 
¶3.  Please keep in mind the TIP Report measures host 
government efforts.  To be useful for tier placement 
purposes, there should be a concrete role or tangible 
value-added by a host government in activities by NGOs, 
international organizations, or posts. 
 
¶4.  The following explains steps the government needs to take 
in order to fully comply with the Minimum Standards for the 
elimination of trafficking, and therefore qualify for a Tier 
1 ranking, and offers suggestions to address specific areas 
of concern highlighted in the 2008 TIP Report.  Legal 
standards are excerpted from the Trafficking Victims 
Protection Act, as amended.  Implementation Principles are 
excerpted from guidance issued in 07 State 150188 (October 
29, 2007) and are not specific to any country or region. 
Country specific points are not exhaustive, but offer steps 
and possible ways to address specific areas of concern.  The 
Department assesses government efforts each year.  All 
governments must show concrete evidence of serious and 
sustained efforts in eliminating severe forms of trafficking 
from the previous year.  Tier ranking determinations will be 
based on the government's efforts to comply with the Minimum 
Standards to Combat TIP during the April 2008 - March 2009 
reporting period. 
 
¶5.  Begin action request:  Post is requested to explain to 
the host government the areas of specific concern noted in 
the TIP Report and why the government failed to meet the 
minimum standards (and thus did not meet the requirements for 
Tier 1 placement).  Post may offer steps in para 6 to the 
host government as possible ways to address specific areas of 
concern.  While the list is not exhaustive, it should focus 
the host government on deficiencies in meeting the minimum 
standards and examples of ways to overcome them.  As every 
year, the Department will weigh the government's level of 
support and participation in reported activities, as well as 
the efficacy and sustainability of government actions, in 
light of its resources and capabilities. 
 
Begin Action Guide and internal numbering. 
 
¶1. Legal Framework: The government should criminally prohibit 
TIP and punish such acts. 
 
(A) For TIP crimes, punishment should be prescribed that is 
commensurate with that for grave crimes, such as forcible 
sexual assault. 
 
(B) For TIP crimes, punishment should be prescribed that is 
sufficiently stringent to deter and that adequately reflects 
the heinous nature of the offense. 
 
Implementation Guideline: At minimum, governments must 
criminalize and prescribe penalties for all forms of 
trafficking relevant in the country, including forced labor. 
This must include the elements of "severe forms of 
trafficking in persons" -- force, fraud, and coercion. 
Although desirable, this need not be accomplished through a 
comprehensive law, so long as relevant elements of 
trafficking, specifically including fraud/deception and 
coercion along with force, are covered by the country's laws. 
 Sanctions for sex trafficking should be on par with rape. 
The prescribed penalties for sex trafficking crimes or 
trafficking involving rape, kidnapping or death should be 
substantially similar to those for rape, taking into account 
the full range of sentences available.  Consistent with the 
UN Convention Against Transnational Organized Crime, criminal 
penalties to meet this standard should include a maximum of 
at least four years deprivation of liberty, or a more severe 
 
STATE 00111745  002 OF 005 
 
 
penalty. 
 
COMPLIANCE:  The government was fully compliant as reported 
in the 2008 TIP Report. 
 
Positive results that should be maintained: 
 
-- The Government of Portugal strengthened its penal code in 
2007 to broaden the definition of trafficking in Portugal and 
increased prescribed penalties for traffickers. Portugal 
prohibits transnational and internal trafficking in persons 
for both labor and sexual exploitation through Article 160, 
which prescribes penalties that are sufficiently stringent 
and commensurate with those for other serious crimes. 
Notably, the penal code revisions provide for criminal 
punishment for labor recruiters in source countries whose 
knowing use of fraudulent or deceptive offers result in 
workers being trafficked in the destination country. 
 
¶2. Prosecution and other Law Enforcement Efforts:  The 
government should show serious and sustained efforts to 
combat TIP by vigorously investigating and prosecuting TIP 
acts, and convicting and sentencing persons responsible for 
such acts. 
 
(A) The government must provide data regarding 
investigations, prosecutions, convictions, and sentences, 
consistent with its capacity to do so, or it shall be 
presumed not to have vigorously investigated, prosecuted, 
convicted or sentenced such acts. 
 
Implementation Guideline: All governments, consistent with 
their capacity to do so, are required to submit full 
comprehensive data on trafficking enforcement actions, 
including length of sentences actually imposed on convicted 
traffickers, as evidence of their vigorous law enforcement 
efforts.  Imposed sentences should involve significant jail 
time, with a majority of cases resulting in sentences on the 
order of one year imprisonment or more, but taking into 
account the severity of an individual's involvement in 
trafficking, imposed sentences for other grave crimes, and 
the judiciary's right to hand down  punishments consistent 
with that country's laws. Convictions obtained under other 
criminal laws and statutes can be counted as trafficking if 
the government verifies that they involve trafficking 
offenses. 
 
COMPLIANCE:  The government was partially compliant as 
reported in the 2008 TIP Report. 
 
Positive results that should be maintained and/or exceeded: 
 
-- The government prosecuted 65 traffickers in 2006, and 
convicted 49 trafficking offenders.  Eight convicted 
traffickers served jail time. 
 
Recommended measures to bring the country into full 
compliance with Minimum Standards: 
 
-- Punishments imposed by Portuguese courts continue to be 
inadequate; the majority of traffickers, sentences are 
suspended. Ensure convicted trafficking offenders receive 
prison sentences commensurate with the heinous nature of the 
offense committed. 
 
¶3. Victim Protection and Assistance:  The government should 
demonstrate serious and sustained efforts to combat TIP by 
protecting TIP victims and encouraging their assistance in 
the investigation and prosecution of their traffickers. 
Protection should include: 
 
(A) provisions for legal alternatives to victims, removal to 
countries in which they would face retribution or hardship. 
 
(B) ensuring that victims are not inappropriately 
incarcerated, fined, or otherwise penalized solely for 
unlawful acts that were committed as a direct result of being 
trafficked. 
 
Implementation Guideline: Critical factors considered in 
whether a country fully satisfies this part of the minimum 
standards are: (1) Formal, systematic screening procedures 
that proactively identify victims and guide law enforcement 
and other front line responders in the process of victim 
identification.  (2) Shelter, health care, and counseling 
should be available to victims, allowing them to recount 
their trafficking experience to trained social counselors and 
law enforcement at a pace with minimal pressure.  Shelter and 
care may be provided in cooperation with NGOs, but part of 
the government's responsibility includes funding and referral 
to NGOs providing services; to the best extent possible, 
trafficking victims should not be held in immigration 
 
STATE 00111745  003 OF 005 
 
 
detention centers, or other detention facilities.  Factors 
also considered and strongly recommended for favorable 
placement are: (1) Victim/witness protection, rights and 
confidentiality; i.e., governments should ensure that victims 
are provided with legal and other assistance and that, 
consistent with its domestic law, proceedings are not 
prejudicial to victims' rights, dignity or psychological 
well-being; and that victims are provided information in a 
language they understand.  (2) Source and destination 
countries share responsibility in ensuring the safe, humane 
and, to the extent possible, voluntary 
repatriation/reintegration for victims.  At a minimum, 
destination countries should contact a competent governmental 
body, NGO or IO in relevant source country to ensure that 
trafficked persons who return to their country of origin are 
provided with assistance and support necessary to their 
well-being. Trafficking victims should not be subjected to 
deportations or forced returns without safeguards or other 
measures to reduce the risk of hardship, retribution, or 
re-trafficking. 
 
COMPLIANCE:  The government was fully compliant as reported 
in the 2008 TIP Report. 
 
Positive results that should be maintained and/or exceeded: 
 
-- The Government of Portugal sustained its efforts to 
protect trafficking victims throughout the reporting period. 
Victims are allowed a 30-60-day reflection period to decide 
whether or not they wish to press charges against traffickers 
and, regardless of their decision, they have the right to a 
one-year residency permit. Once detained and identified by 
authorities, victims reportedly are transferred to shelter 
facilities and do not face penalties for unlawful acts 
committed as a direct part of their being trafficked. Police 
continued to receive training on how to recognize trafficking 
victims and are required to fill out a standard detailed form 
with information when they encounter suspected trafficking 
cases. The government reported that police counsel all 
potential victims on the assistance available to them, 
including legal and medical remedies. The government's 20 
immigrant support centers located throughout the country 
provide ad hoc support services to approximately 1,200 
immigrants a day, a figure that reportedly includes 
trafficking victims. The government reported it distributed 
anti-trafficking pamphlets at these centers to potential 
trafficking victims. The government continued to fund the 
majority of costs for an NGO-run shelter, and provided a 
fixed subsidy for each victim, including their children, for 
another. 
 
Recommended measures to ensure the government continues to 
fully comply with Minimum Standards: 
 
-- Continue to implement procedures to proactively identify 
trafficking victims among vulnerable groups (such as women in 
prostitution and immigrants) nationwide and refer potential 
victims to service providers through a formalized, national 
referral mechanism. 
 
-- Consider providing data on the number of victims 
identified and who accept assistance and researching why few 
trafficking victims opt to receive protection and assistance 
from NGOs and the government shelter. 
 
¶4. Prevention:  The government should demonstrate serious and 
sustained efforts to combat TIP by adopting measures to 
prevent TIP.  Measures such as: 
 
(A) steps to inform and educate the public, including 
potential victims, about the causes and consequences of TIP, 
 
(B) measures to reduce the demand for commercial sex acts and 
for participation in international sex tourism by nationals 
of the country, 
 
(C) measures to ensure that its nationals who are deployed 
abroad as part of a peacekeeping or other similar mission do 
not engage in or facilitate severe forms of trafficking in 
persons or exploit victims of such trafficking, 
 
(D) measures to prevent the use of forced labor or child 
labor in violation of international standards. 
 
Implementation Guideline: The government should provide/fund 
a hotline or similar mechanism that offers victims and 
potential victims assistance/information about TIP.  Per the 
new amendments to the Minimum Standards, starting with the 
April 2007- March 2008 reporting period to be covered in the 
2008 TIP Report, countries should, for example where 
applicable: (1) Reduce demand for commercial sex acts: 
Implement or support some form of visible awareness campaign 
 
STATE 00111745  004 OF 005 
 
 
that educates the clients of the sex trade (and potential sex 
trafficking victims) if the country has a significant sex 
trafficking problem, or a campaign that targets those who 
form the demand for victims of forced labor about the nature 
of the relevant form of TIP.  Nations with legalized 
prostitution should make additional efforts to proactively 
identify TIP victims among those in prostitution in the 
legalized sex trade. This includes the systematic and 
sensitive screening of persons in the legalized sex trade. 
(2) Address child sex tourism: Countries that have a 
significant number of nationals traveling abroad as child sex 
tourists should undertake an awareness campaign that targets 
tourists traveling to known child sex tourism destinations. 
(3) Address trafficking and exploitation committed by 
multinational peacekeepers:  Governments with more than 100 
troops on peacekeeping or other similar missions abroad 
should provide anti-TIP training for these troops (directly 
or through multilateral efforts), and should investigate and, 
if appropriate, prosecute any allegations of trafficking 
crimes or crimes of facilitating trafficking or exploiting 
trafficking victims committed by these troops abroad and 
referred to it by the UN or another competent organization. 
 
COMPLIANCE:  The government was not fully compliant as 
reported in the 2008 TIP Report. 
 
Positive results that should be maintained and/or exceeded: 
 
-- The Government of Portugal continued its proactive efforts 
to prevent trafficking in 2007. For example, in November 
2007, the Foreigners and Borders Service (SEF), in 
cooperation with the Council of Europe, launched the 
campaign, &You are not for Sale8 and SEF teams traveled 
throughout the country and to Brazil to disseminate and 
publicize the campaign. The government took some steps to 
reduce demand for commercial sex acts by sponsoring awareness 
campaigns that incorporated anti-demand aspects. In an 
additional effort to reduce demand, the government amended 
its criminal code in 2007 to provide specific penalties for 
clients who knowingly procure the services of a trafficking 
victim for sexual purposes. 
 
Recommended measures to ensure that the country continues to 
fully comply with Minimum Standards: 
 
-- Although the Government of Portugal contributes troops to 
international peacekeeping efforts abroad, it did not conduct 
specific anti-trafficking prevention training targeted at its 
military. The government should conduct specific 
anti-trafficking prevention training for military personnel 
going abroad. 
 
-- While there is no specific evidence that Portugal is a 
source or destination for child sex tourism, it is an 
identified phenomenon in many other Western European 
countries.  The government should consider steps to raise 
awareness among nationals from engaging in child sex tourism 
abroad 
 
¶5. Corruption and Official Complicity:  The government should 
vigorously investigate, prosecute, convict, and sentence 
public officials who participate in or facilitate TIP, and 
take all appropriate measures against officials who condone 
such trafficking. 
 
(A) This should include nationals of the country who are 
deployed abroad as part of a peacekeeping or other similar 
mission who engage in or facilitate severe forms of 
trafficking in persons or exploit victims of such trafficking. 
 
(B) The government must provide data regarding such 
investigations, prosecutions, convictions, and sentences, or 
it shall be presumed not to have vigorously investigated, 
prosecuted, convicted, or sentenced such acts. 
 
Implementation Principle: Governments, consistent with their 
capacity to do so, must provide full comprehensive data on 
actions taken against TIP related complicity.  Information on 
general government corruption does 
not satisfy this minimum standard, except in cases in which 
specific cases of complicity are not reported by the 
government or known to the USG, but where there is a 
reasonable probability of such complicity within the wider 
context of generalized corruption in that country. 
 
COMPLIANCE:  There were no specific cases of complicity 
reported by the government in the 2008 TIP Report. 
 
Recommendation for measures to ensure that the country fully 
complies with Minimum Standards: 
 
-- Continue to vigorously investigate and prosecute 
 
STATE 00111745  005 OF 005 
 
 
trafficking-related corruption at all levels of law 
enforcement.  Share comprehensive data on investigations, 
prosecutions, and convictions of complicit officials, and the 
lengths of sentences imposed on those convicted, if specific 
cases of complicity have occurred. 
 
End Action Guide and internal numbering. 
 
¶6.  The Department appreciates Post's continued efforts to 
address trafficking in persons issues. 
RICE