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UNCLAS CARACAS 000523 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
DEPT FOR G/TIP, G, INL, DRL, PRM, IWI, WHA/PPC 
 
E.O. 12958: N/A 
TAGS: KCRM PHUM KWMN ELAB SMIG ASEC KFRD PREF
SUBJECT: VENEZUELA'S SIXTH ANNUAL TIP REPORT SUBMISSION 
 
REF: A) STATE 3836 B) 05 CARACAS 624 
 
¶1. (SBU)  The following is post's input (ref A) for the sixth 
annual anti-trafficking in persons report (TIP).  Political 
officer LaTranda Martin is Embassy,s point of contact. 
Telephone: 58-212-907-8531; Fax: 58-212-907-8033; Email: 
martinls@state.gov.  Hours spent compiling the report: 31. 
 
¶2. (SBU) Post's sources of information are generally reliable 
but largely unable to provide concrete or comprehensive 
information about the TIP problem in Venezuela.  Examples of 
trafficking cited in the report were collected separately at 
different ministries, agencies, and offices and therefore may 
not be an exhaustive.  In preparation for the report, Poloff 
interviewed the following Venezuelan government officials: 
Crosby Plaza, Third Secretary for the Office of International 
Crime, Drugs and Corruption at the Ministry of Foreign 
Affairs (MFA); Criminal Investigative Police (CICPC) Interpol 
Division Commissioner Henry Matos; and Lilian Aya Ramirez, 
Director of the Crime Prevention Unit at the Ministry of 
Interior of Justice (MIJ); National Women's Institute 
(INAMUJER).  David Palis and Luis Jansen who provided useful 
information during 2005 are no longer working in the Office 
of the Prosecutor. 
 
¶3. (SBU) The Embassy also contacted the following 
International organizations:  UNICEF, UNHCR and the 
International Office of Migration (IOM).  Non-governmental 
organizations (NGOs) consulted were For the Rights of 
Children and Adolescents (CECODAP), Association Civil for the 
Well-being and Reciprocal Assistance of Women (AMBAR); (not 
for distribution) The Coalition Against Trafficking in Women 
(CATW); and (not for distribution) Gladys Madriz, Director of 
Nina Madre. 
 
¶4.  The following paragraphs respond to questions raised in 
ref A. 
 
----------------------- 
Paragraph 21 - Overview 
----------------------- 
 
¶A. (SBU) There are no official statistics on the magnitude of 
the TIP problem in Venezuela.  However, Bolivarian Republic 
of Venezuela (BRV) officials and non-governmental 
organizations believe persons trafficked to or through 
Venezuela likely originate from China, Colombia, Ecuador, 
Peru, and the Dominican Republic.  In 2005, the CICPC 
Interpol Division reported working on three cases of women, 
children, and adolescents trafficked to and through Venezuela 
for commercial and sexual labor purposes.  One case involved 
13 women of undetermined nationality transiting from 
Venezuela en route to Spain with fraudulently obtained 
Venezuelan travel documents.  Based on two of the CICPC,s 
cases during the year, destination countries for trafficking 
victims include Spain and Holland.  Officials at the MFA and 
MIJ suggest other destination countries might also include 
Mexico, Aruba, the Netherlands, the Dominican Republic, 
Germany and Italy.  The Crime Prevention Unit, with support 
from INAMUJER and AMBAR, plans to initiate a study in 2006 to 
determine the extent of Venezuela,s trafficking problem. 
 
¶B. (SBU) From dispersed and anecdotal information gathered 
from the BRV, international organizations and 
non-governmental organizations, it appears that Venezuela, 
like other Latin American countries, is likely a country of 
origin, transit and destination for trafficked persons.  BRV 
officials maintain that poverty serves as the catalyst for 
human trafficking.  Women and children, living in 
economically depressed regions, are believed to be more 
vulnerable to trafficking than men. 
There are also rumors that some organized crime groups are 
involved in trafficking humans to and through Venezuela. 
However, Crime Prevention Unit's Director Ramirez says most 
victims are either trafficked by relatives or acquaintances. 
Victims are also recruited through newspaper and printed 
advertisements that promise lucrative job offers in foreign 
countries, according to Plaza.  Two such advertisements 
appeared in local newspapers during the year, the most recent 
in December 2005.  MFA Third Secretary Plaza said the MFA was 
aware of the advertisements, but mentioned no definitive BRV 
plans to prevent or discourage this recruitment technique. 
The (BRV,s) National Public Awareness Campaign, launched 
December 2005, seeks to increase public awareness of all 
types of trafficking recruitment tactics, including 
misleading newspaper advertisements. 
 
¶C. (SBU) In practice, there are no special limitations on the 
government's ability to address the TIP problem.  While the 
government has resources to devote to the problem, the police 
and other enforcement officials are often underfunded.  It 
also appears that official corruption at all levels is a 
persistent and extensive problem within Venezuela. 
 
¶D. (SBU) Ministerial Resolution No. 61 published on March 4, 
2005 establishes the MIJ,s Crime Prevention Unit as the 
ministerial focal point for combating human trafficking on 
the national level.  The Crime Prevention Unit,s 24 
coordinating offices, one in each state throughout the 
country, are tasked with supplying the MIJ with information 
on trafficking victims, arrests and prosecutions in their 
respective states.  The Crime Prevention Unit then makes this 
information available to members of the government's 
interagency anti-TIP working groups.  It is difficult to 
assess the quality and quantity of the MIJ,s data as the 
information is not publicly available either from government 
sources nor NGO (regional and international) organizations. 
 
-------------------------- 
Paragraph 22 -- Prevention 
-------------------------- 
 
¶A. (SBU) The BRV acknowledges that trafficking is a problem 
in Venezuela but indicates it has no statistical data to 
determine the extent of human trafficking to and through 
Venezuela.  BRV officials indicate they believe that the 
majority of trafficking victims are transited to Venezuela en 
route to a third country rather than as a final destination. 
Between 2005 and 2006, INAMUJER and AMBAR reported a total of 
two cases of internal and international trafficking.  In the 
case reported by AMBAR, the victim, a Colombian national, 
claims she was assisted in obtaining a Venezuela document of 
identification with assistance from a CICPC commissioner. 
 
¶B. (SBU) Government agencies involved in the anti-trafficking 
working group include the Ministry of Foreign Affairs, 
Ministry of Interior and Justice, the Ministry of Defense, 
the Ministry of Education, the Ministry of Health and Social 
Development, the Ministry of Labor, the Ministry of 
Communication and Information, the Women's Rights Ombudsman, 
the National Institute (INAMUJER), the Children's and 
Adolescent,s Rights Council, staffers from the National 
Assembly and the National Statistics Institute.  The MIJ's 
Crime Prevention Unit was designated to lead the working 
group's anti-trafficking efforts in 2004. 
 
¶C. (SBU) In December 2005, the BRV launched a national 
anti-trafficking campaign.  Ramirez estimates more than 70 
anti-trafficking posters have been placed throughout the 
Simon Bolivar International Airport, and in metro cars and 
stations throughout Caracas.  A radio campaign can reportedly 
be heard daily on Venezuela,s government-owned frequencies, 
and four different anti-trafficking messages are aired on 
channels 2,4,8 and 10.  (Note: Although Poloff has seen these 
messages on the television in the Crime Prevention Unit, she 
has not  seen them on Venezuelan network stations.)  Members 
of the anti-TIP working group say the objective of the 
National TIP campaign is to increase public awareness and 
understanding of trafficking in persons as a crime and human 
rights violation, to caution potential victims and make them 
more aware of recruitment techniques employed by traffickers, 
and to offer assistance for existing victims.  The MIJ's toll 
free crime hotline, 0800-contigo, is not dedicated 
specifically to trafficking in persons or to providing victim 
assistance.  Ramirez assured, however, that personnel were 
trained to properly manage trafficking cases and ensure the 
information is forwarded to the appropriate law enforcement 
and ministerial officials. 
 
¶D. (SBU) In 1999, the government passed the National Law of 
Equal Rights, which guarantees women equal access to social, 
political and economic opportunities.  Governmental 
organizations INAMUJER and the Women's Right's Ombudsman are 
responsible for ensuring that these rights are not violated 
and if necessary, providing recourse for acts of gender 
discrimination.  The government supports no specific programs 
to prevent trafficking but continued to support the Women's 
Bank during 2005.  The Women,s Bank provides roughly 40,000 
women with business and empowerment training and offers 
small-scale financing for micro-enterprises managed by women. 
 INAMUJER's free women's hotline for domestic violence 
reported one case of internal trafficking during 2005. 
 
¶E. (SBU) International Organizations UNICEF and the IOM say 
coordination with the BRV on TIPs issues improved during 
¶2005.  In August, UNICEF trained officials in the Ombudsman 
Office on how to more effectively recognize and manage 
trafficking in children and adolescent cases.  In September 
2005, UNICEF offered a similar type of training for law 
enforcement officials in the Federal District of Caracas and 
Miranda State.  Between September and November 2005, the IOM 
provided 7,000 anti-TIP brochures to the MFA, which were 
distributed to Venezuelan consulates abroad, and members of 
the anti-TIP working group. 
 
Although the government has made some efforts to incorporate 
civil society groups into the national plan for combating 
TIPs, the relationship continued to be relatively weak during 
¶2005.  NGOs Nina Madre and AMBAR say the government has not 
allocated a sufficient amount of its available financial 
resources to developing a national infrastructure for 
assisting victims (i.e., shelters, victim assistance 
hotlines, hospitals etc.)  To its credit, the Crime 
Prevention Unit has negotiated, on AMBAR,s behalf, for the 
use of a government-owned building in the poor, Caracas 
neighborhood of 23 de Enero.  AMBAR will utilize the building 
for "A House and A Home" project funded through a USD 129,375 
grant from INL. 
 
¶F. (SBU) Venezuela's borders are porous, extensive and 
traverse, isolated areas.  Due to corruption and poor 
training among immigration, customs and National Guard troops 
along the border, Venezuela does not adequately monitor its 
borders.  The use of laptops by government officials in the 
immigration area of Caracas, international airport is an 
increasing phenomenon.  While some relevant data could 
potentially be stored and retrieved on these systems, these 
computers do not feed into a national immigration database. 
 
¶G.  As noted above, the government's anti-trafficking work 
group consists of Ministry of Foreign Affairs, Ministry of 
Interior and Justice, the Ministry of Defense, the Ministry 
of Education, the Ministry of Health and Social Development, 
the Ministry of Labor, the Ministry of Communication and 
Information, the Women's Rights Ombudsman, the National 
Institute (INAMUJER), the Children's and Adolescent's Rights 
Council, staffers from the National Assembly and the National 
Statistics Institute.  The Crime Prevention Unit was 
designated in 2005 to serve as the mechanism for coordination 
between various agencies.  The Crime Prevention Unit,s 24 
coordinating offices, one in each state throughout the 
country, are tasked with supplying the MIJ with information 
on trafficking victims, arrests and prosecutions in their 
respective states.  The government does not have a public 
corruption task force. 
 
¶H. (SBU) In January 2004, the MFA created a 22-person 
interdepartmental working group that meets approximately once 
a month to coordinate its efforts to combat trafficking in 
person.  In 2004, the committee completed the National Action 
Plan to combat trafficking in persons in Venezuela.  During 
the past year, the interdepartmental working group focused on 
preparing the BRV's position for the OAS TIP Summit scheduled 
to take place in Margarita Island on March 14-17.  In advance 
of the Summit, Plaza says the MFA plans to launch a new 
anti-trafficking campaign on the government,s Telesur 
network. 
 
--------------- 
Paragraph - 23 
--------------- 
 
¶A. (SBU) Article 16 of the Organic Law Against Organized 
Crime passed in September 2005 makes trafficking in persons 
punishable by 10 to 15 years in prison or 10 to 18 years if 
the victim is a child or adolescent.  (Note:  Under 
Venezuelan law a child is considered to be anyone under 12 
years old, while persons 12 to 17 are considered 
adolescents.)  Articles 52-59 of the Naturalization and 
Immigration Law in force since November 20, 2004 makes 
exploiting illegal labor, falsely promising an employment 
contract to encourage immigration to another country, or 
encouraging illegal immigration or smuggling to/through/from 
Venezuela punishable by four to eight years in prison.  If 
immigrant smuggling is done for profit, or using violence, 
intimidation or fraud the sentence increases to eight to ten 
years.  If a victim,s life or health is endangered, then the 
range of punishment increases by an additional 50 percent. 
The law punishes a public servant who encourages, through 
actions or omissions, the fraudulent entry or exit of a 
person, with four to eight years in prison and exclusion from 
public service for 10 years.  The law does not include 
internal forms of trafficking.  Laws against forced 
disappearance and kidnapping, punishable by two to six 
years, imprisonment can be used to prosecute traffickers. 
In the case of children the Organic Law to Protect children 
and adolescents (LOPNA), with fines if one to 10 months, 
salary for trafficking in children can also be used.   The 
BRV reported no prosecutions during 2005 but according to the 
CICPC, four individuals are awaiting prosecution for their 
involvement in trafficking cases during 2004 and 2005.  One 
of these individuals is in prison and three others are free 
on conditional release. 
 
¶B. (SBU) The Naturalization and Migration Law does not 
specifically differentiate between trafficking of people for 
sexual exploitation and for labor exploitation.  However, the 
recently passed Organized Crime Law makes trafficking of 
persons and smuggling for labor and sexual exploitation 
punishable by a sentence of 10 to 15 years if the victim is 
an adults or 10 to 18 years if the victim is a child or 
adolescent. 
 
¶C. (SBU) According to the Organic Law to Prevent Violence 
Against Women and the Family, passed in 1998, forcible sexual 
assault is punishable by eight to 14 years in prison.  The 
LOPNA makes trafficking in children punishable by fines of 
one to 10 months, salary and the Organized Crime Law makes 
it punishable by 10 to 18 years in prison. There is no 
specific law that prohibits trafficking women for sexual 
purposes, so the penalties cannot be compared. 
 
¶D. (SBU) Prostitution is neither illegal nor formally 
legalized.  Article 382 of the Penal Code makes facilitating 
prostitution or the corruption of minors, as is the case for 
brothel owners or pimps, punishable by three to 12 months, 
imprisonment.  If the offense is repeated, the sentence is 
increased to three to 18 months.  The Ministry of Health 
provides pink identification card for prostitutes, which 
documents whether or not they are infected with sexually 
transmitted diseases.  While there exists a National Sex 
Workers Trade Union, it was denied official recognition by 
the BRV in 1999. 
 
¶E. (SBU) The government did not report any prosecutions 
during 2005 (see paragraph A above).  In principle, the 
government can provide this information, but historical and 
current institutional inefficiency among government agencies 
throughout the country hinders a coordinated flow of 
information.  There is no national crime statistics database 
for TIP. 
 
¶F. (SBU) While it is rumored by some government officials 
that organized crime groups are responsible for trafficking 
humans to and through Venezuela, Ramirez counters that most 
victims are either trafficked by relatives or acquaintances. 
Victims are also recruited through newspaper and printed 
advertisements that promise lucrative job offers in foreign 
countries, according to Plaza.  Two such advertisements 
appeared in local newspapers during the year, the most recent 
in December 2005.  Plaza said the MFA was aware of the 
advertisements but mentioned no definitive BRV plans to 
prevent or discourage this type of recruitment technique. 
The BRV,s National Public Awareness Campaign, launched 
December 2005, seeks to increase public awareness of all 
types of trafficker recruitment tactics, including misleading 
newspaper advertisements. 
 
¶G. (SBU) The CICPC Interpol Division investigates cases of 
trafficking through interviews and forensic evidence if 
available.  Intrusive, sophisticated and covert operations 
are restricted or prohibited by law. 
 
¶H. (SBU) In the past, training on awareness and recognition 
of trafficking in person had been provided to some Venezuelan 
consular officers, MIJ employees and prosecutors.  In August, 
UNICEF trained officials in the Ombudsman's Office on how to 
more effectively recognize and manage trafficking in children 
and adolescents.  In September 2005, UNICEF offered a similar 
type of training for law enforcement officials in the Federal 
District and Miranda State.  During the year, the Crime 
Prevention Unit trained approximately 1,366 law enforcement, 
immigration, national guard and government officials in the 
states of Anzotegui, Merida, Miranda, Tachira, Vargas, 
Barinas, Lara and Nueva.  At the end of each training module, 
Ramirez explained, a questionnaire was distributed to obtain 
feedback that would be utilized to determine which aspects of 
the module needed to be improved and which were effective. 
 
¶I. (SBU) The CICPC cooperated with the Spanish, Colombian and 
Peruvian government on three cases of human trafficking 
involving 14 women, four children and one adolescent that 
were reported in 2005.  In June 2005, the government arrested 
one person for trafficking in persons after the Peruvian 
Embassy in Caracas informed Interpol that two adolescents and 
one young woman had been lured to the country with false 
offers of gainful employment.  Authorities placed the two 
adolescents in juvenile homes where they were awaiting 
repatriation at the year's end.  The whereabouts of the third 
victim were unknown.  Between June and July 2005, 13 women 
were trafficked to Spain for sexual exploitation.  Spanish 
authorities detained one of the 13 women for traveling on 
false documents and returned her to Venezuela.  The 
whereabouts of the other 12 women were unknown at the year's 
end.  One of the two suspects, an official at the Spanish 
embassy charged with selling fraudulent travel documents, was 
in prison awaiting trial at the year's end.  The other 
individual, a dual Venezuelan-Spanish national, has not been 
found.  A red alert has been issued for his arrest in both 
Venezuela and Spain.  Between July and September 2005, CICPC 
officials in Zulia State assisted in the investigation of a 
trafficking case, which led to the repatriation of two 
children and one adolescent who had been sold to a trafficker 
for sexual exploitation in Holland. 
 
Last year, family members reported to the CICPC that a young, 
Venezuelan woman along with four other women from Venezuela's 
interior had been trafficked to Chaguama Island, Trinidad and 
Tobago by sea with false promises of employment.  Interpol in 
Sucre State is reportedly working with Interpol in Chaguama 
to determine the whereabouts of these women and their 
nationalities.  No additional information was available on 
this case at the year's end. 
 
¶J. (SBU) The BRV did not extradite nor report having received 
any request for extradition for traffickers.  Venezuelan law 
prohibits the extradition of a Venezuelan national.  In 2004, 
the Department of Homeland Security (DHS) worked with the 
Venezuelan military intelligence (DIM) to arrest two Indian 
nationals using Venezuela and Curacao to move people from 
India and other countries with the United States often the 
final destination.  In December 2005, the Venezuelan 
government officially expelled the suspects and both are 
being held in a New York state prison on alien smuggling 
charges, awaiting finalization of their plea agreements. 
 
¶K. (SBU) There is no hard evidence of government officials 
facilitating, being complicit in or condoning trafficking. 
However, corruption among immigration, identification, 
customs and border patrol officials is widespread and could 
facilitate trafficking.  Gladys Madriz maintained that in 
Caracas, arresting individuals associated with the 
trafficking of young girls and minors for sexual exploitation 
is impossible since law enforcement officials often indulge 
themselves in the exploitation of victims. AMBAR received a 
case on February 2 of a Colombian adolescent who claimed she 
entered the country illegal with assistance from an 
acquaintance and obtained a cedula of identification with the 
assistance of a commissioner at the CICPC.  It has not been 
determined if this is a trafficking or smuggling case. 
 
¶L. (SBU).  As noted, there is no hard evidence of government 
officials facilitating trafficking.  Should allegations or 
accusations be made the government has a number of statutes 
(discussed above) to base investigations or prosecutions. 
 
¶M. (SBU) The government does not acknowledge a child sex 
tourism problem.  AMBAR and the Coalition Against Trafficking 
in Women claim, however, that child sex tourism in Venezuela 
is a problem, particularly in popular tourist destinations 
like Margarita Island. 
 
¶N. 
--The National Assembly ratified ILO Convention 182 December 
4, 2003 
--ILO Convention 29 was ratified in 1944, and Convention 105 
in 1964 
--The Optional Protocol to the Convention on the Rights of 
the Child (CRC) was signed September 7, 2000 and ratified May 
8, 2002 
--The Protocol to Prevent, Suppress and Punish Trafficking in 
Persons, especially women and children, supplanting the UN 
convention Against Transnational Organized Crime was signed 
December 14, 200 and ratified May 13, 2002 
 
------------ 
Paragraph 24 
------------ 
 
¶A. (SBU) All trafficking victims are supposed to be given a 
physical and mental evaluation once recovered.  Both the MIJ 
and Child Protection Council reportedly have trained 
psychologists and physicians who provide these examinations 
free of charge.  AMBAR and Nina Madre also provide these 
services to victims as well.  Venezuela does not have a 
program to provide victim care and housing facilities.  Local 
NGO AMBAR, through financial assistance from Washington and 
logistical assistance from the Crime Prevention Unit, is in 
the process of opening a victim care facility in the poor, 
Caracas neighborhood of 23 de Enero.  Ramirez says victims 
are welcome to take advantage of services offered by 
Venezuelan "missions". 
 
¶B. (SBU) The government does not fund foreign or domestic 
NGOs for services to victims. 
 
¶C. (SBU) The BRV did not report any screening or referral 
process in place for detained or arrested victims. 
 
¶D. (SBU) During 2005, CICPC reported one case where a victim 
was deported back to Venezuela from Spain and later 
imprisoned by Venezuelan officials for traveling on false 
documents.  The nationality of this woman is unclear and at 
the year,s end, she had been released.  CICPC says they are 
working to determine the woman's nationality. 
 
¶E. (SBU) No prosecution of traffickers were reported during 
2005 so there is insufficient information to make a 
determination.  There is no program for restitution to 
trafficking victims. 
 
¶F. (SBU) The BRV does not provide protection for victims or 
witnesses.  One women,s shelter run by INAMUJER is available 
for women victims of domestic violence but space is limited 
to less than 30 women.  Public facilities are available for 
children, but the facilities are often inadequate with poorly 
trained staff. 
 
¶G. (SBU) During the year, the Crime Prevention Unit sponsored 
more than 65 training modules on trafficking in persons and 
illegal migration.  Only two of those modules dealt 
exclusively with trafficking in persons.  As a result of 
these programs, approximately 1,366 law enforcement, 
immigration, National Guard and government officials in the 
states of Anzoategui, Merida, Miranda, Tachira, Vargas, 
Barinas, Lara and Nueva Esparta received training on 
identifying trafficking in persons.  The MFA continued to ask 
consular officers abroad to report any cases of trafficking 
during 2005; not one case was reported. 
 
¶H. (SBU) Repatriated victims can make use of any services 
provided by the BRV,s missions programs.  Matos confirmed 
that none of Venezuela's current laws advocate restitution 
for victims of trafficking but said the CICPC is committed to 
promoting the creation of such a law. 
 
¶I. (SBU) AMBAR and Nina Madre both provide psychological, 
social, medical and legal assistance to sexual workers, 
including child prostitutes. 
WHITAKER