VZCZCXRO5720
OO RUEHRG
DE RUEHBR #0879/01 1251505
ZNY CCCCC ZZH
O 051505Z MAY 06
FM AMEMBASSY BRASILIA
TO RUEHC/SECSTATE WASHDC IMMEDIATE 5300
INFO RUEHRG/AMCONSUL RECIFE IMMEDIATE 4711
RUEHRI/AMCONSUL RIO DE JANEIRO IMMEDIATE 2006
RUEHSO/AMCONSUL SAO PAULO IMMEDIATE 6882

C O N F I D E N T I A L SECTION 01 OF 02 BRASILIA 000879 
 
SIPDIS 
 
SIPDIS 
 
WHA/PPC FOR MICHAEL PUCCETTI 
P FOR CYNTHIA ECHEVERRIA 
 
E.O. 12958: DECL: 05/04/2026 
TAGS: PHUM PREL BR
SUBJECT: BRAZIL: POST RECOMMENDS MAINTENANCE OF TIER 2 
STATUS FOR TIP REPORT 
 
Classified By: Charge d'Affaires Phillip T. Chicola for reasons 1.5 (b) 
 and (d) 
 
¶1. (C) SUMMARY.  This Mission understands that G/TIP is 
considering moving Brazil from Tier 2 to the Tier 2 Watch 
List in the 2006 Trafficking in Persons Report.  In our view, 
Brazil has made considerable progress during the reporting 
period -- passing legislation that makes TIP a felony, 
implementing the Palermo Protocol, and increasing the numbers 
of TIP arrests and freed slave laborers, among other positive 
steps.  In light of this record, downgrading Brazil from its 
present position on Tier 2 to Tier 2 Watch List would be 
inconsistent with the facts that we have observed and 
reported, which demonstrate an ongoing GOB commitment to 
combat TIP.  Moreover, a downgrade could negatively affect 
ongoing USG cooperation with NGO partners in the USD 6 
million Brazil portion of the President's Anti-Trafficking in 
Persons Initiative -- undercutting programs that are already 
helping TIP victims in Brazil.  In sum, a report that drops 
Brazil from Tier 2 to Tier 2 Watch List would be factually 
indefensible, prejudicial to ongoing project activity under 
the Presidential Initiative, and damaging to bilateral 
relations.  For these reasons, we urge the Department to 
maintain Brazil's current standing on Tier 2.  END SUMMARY. 
 
TIP IMPROVEMENTS IN BRAZIL: A DEMONSTRATED GOB COMMITMENT 
--------------------------------------------- ------------ 
 
¶2. (U) While there is room for improvement, the GOB -- and 
President Lula himself -- continue to declare Brazil's 
commitment to attacking TIP in all of its forms.  From 
Federal Police posters warning women against sexual 
trafficking that are prominently displayed at all Brazilian 
airports, to vigorous criminal investigations of trafficking 
networks (some in conjunction with U.S. agencies), to 
highly-publicized government raids on farms using slave 
labor, the signs of Brazilian commitment to fighting TIP are 
visible nationwide, and the issue is prominently and 
frequently covered in the media.  During the reporting 
period, Brazil: 
 
-- Revised its legal code, expanded the definition of TIP, 
provided stricter penalties for TIP offenders, made TIP a 
felony, and criminalized the trafficking of men (Note: 
Additional TIP-related legislation is pending before 
Congress, including legislation to expropriate land without 
compensation from farm owners who employ forced laborers. 
End Note).  All of these actions were taken as part of 
Brazil's ongoing effort to implement fully the provisions of 
the Palermo Protocol, which it ratified in January 2004.  The 
Brazilian Constitution (Article 45, Section 3) states that, 
"international treaties and conventions will be equivalent to 
constitutional amendments."  By ratifying the Palermo 
Protocol, the GOB accepted the internationally agreed upon 
definition of TIP contained therein and recognized as crimes 
all forms of Trafficking in Persons listed in the Protocol. 
 
-- Increased arrests in all forms of trafficking and freed 
the second highest number of slave laborers in recent memory. 
 
-- Increased cooperation with foreign governments, including 
the USG, to investigate and prosecute TIP offenders. 
 
-- Increased cooperation with the USG, international 
organizations, and NGOs, to implement judicial reform and 
victims assistance projects under President Bush's USD 8 
million Anti-Trafficking in Persons Initiative. 
 
FORCED LABOR 
------------- 
 
¶3. (U) Per earlier instructions from G/TIP, we have focused 
much of our effort in Brazil on addressing TIP issues 
relating to sexual exploitation, and the GOB has cooperated 
with us.  The recent U.S. Congressional change in focus from 
sexual exploitation to forced labor was formalized in the 
Trafficking Victims Reauthorization Act of 2005, which was 
passed on December 14, 2005 -- in the last quarter of the TIP 
reporting period.  Hence we believe the GOB should not be 
penalized on that count.  Moreover, the GOB is already 
committed to fighting forced labor: It is the first country 
in Latin America to create and implement a national plan to 
eradicate forced labor, and both the ILO and the UN have 
praised Brazil for its efforts.  Brazil has increased 
Ministry of Labor Mobile Inspections despite budgetary 
constraints, and in the past year, freed the second largest 
number of slave laborers in recent memory.  It may be true 
 
BRASILIA 00000879  002 OF 002 
 
 
that about 25,000 victims are involved in forced labor, but 
the number must be seen in context.  Brazil has a population 
of approximately 187 million and an estimated work force of 
90 million.  From a strictly statistical perspective, forced 
labor is not widespread, and again, the GOB is taking active 
steps to attack the problem. 
 
BRAZIL'S CONVICTION RATES 
------------------------- 
 
¶4.  (U) Using conviction rates as an prime indicator of 
Brazil's progress on TIP is misleading.  Conviction rates for 
many capital crimes in Brazil are low (e.g., about six 
percent of homicide arrests lead to convictions), and are a 
reflection of a criminal justice system with major systemic 
problems across the board, not a lack of governmental 
interest in TIP crimes per se.  Moreover, before the 2006 
revision of the legal code, human trafficking was so narrowly 
defined that it was often difficult to arrest and convict TIP 
offenders.  As a result, Brazil reported low conviction rates 
during the reporting period.  Since the passage of the new 
laws earlier this year, Brazil's arrest rates have increased 
significantly, and the logical trend will be upward.  Despite 
Brazil's systemic judicial problems, the GOB has shown that 
there is a serious ongoing effort at the federal level to 
attack the problem by revising its legal code on TIP issues. 
 
TIER 2 WATCH WOULD DAMAGE BILATERAL RELATIONS 
--------------------------------------------- 
 
¶5. (C) The GOB and NGO community here would be surprised by a 
sudden downgrade.  The Foreign Ministry has informed us on 
several occasions that a downgrade in Brazil's TIP status 
would affect the bilateral relationship.  It is also the 
assessment of our USAID section here -- which leads in 
working with NGOs on the Presidential Initiative projects -- 
that a downgrade would prejudice receptivity to their 
efforts.  Under the President's Initiative, approximately USD 
7.6 million in funding have been disbursed to combat forced 
labor, TIP for sexual exploitation, and increase assistance 
to victims.  More than USD 6 million of this funding requires 
direct cooperation with the GOB.  Downgrading Brazil at this 
point would send the wrong message and jeopardize over USD 6 
million of the Initiative's funds. 
 
COMMENT/RECOMMENDATION 
---------------------- 
 
¶6. (C)  While more work needs to be done to combat human 
trafficking, this Mission does not believe that Brazil's 
progress and achievements during the reporting period warrant 
a downgrade to Tier 2-Watch List.  Such a rating would be 
inconsistent with the GOB's efforts to address the issue, and 
carry with it significant consequences for ongoing efforts to 
assist TIP victims, as well as bilateral relations.  This 
Mission recommends that Brazil retain its current placement 
on Tier 2. 
 
CHICOLA