VZCZCXYZ0002
RR RUEHWEB

DE RUEHBU #2300/01 3401117
ZNR UUUUU ZZH
R 061117Z DEC 07
FM AMEMBASSY BUENOS AIRES
TO RUEHC/SECSTATE WASHDC 9850
INFO RUEAIIA/CIA WASHINGTON DC
RHMFIUU/DEPT OF JUSTICE WASHINGTON DC

UNCLAS BUENOS AIRES 002300 
 
SIPDIS 
 
SIPDIS 
SENSITIVE 
 
E.O. 12958:N/A 
TAGS: PGOV KCRM KWMN PREL SMIG SNAR KJUS PHUM AR
SUBJECT: ARGENTINA: CODEL SANCHEZ DISCUSSES ANTI-TIP AND CN EFFORTS 
WITH INTERIOR MINISTER FERNANDEZ 
 
¶1. (SBU) SUMMARY: In a meeting with Ambassador Wayne and U.S. 
Representatives Sanchez and Bartlett, Argentine Interior Minister 
Anibal Fernandez noted that anti-TIP legislation is still stuck in 
the national Congress, but expressed confidence that it would pass 
once President-elect Cristina Fernandez de Kirchner takes office. 
He said GOA efforts against drug trafficking should focus on 
dismantling trafficking rings, rather than the individual drug 
addict.  He also noted that while Argentina may not always see 
eye-to-eye with the United States, these disagreements do not hinder 
an otherwise positive relationship.  As Fernandez takes the helm of 
a beefed-up Ministry of Justice, we will want to further our 
cooperation on security matters, as well as stress the importance of 
judicial reform.  In doing so, quiet diplomacy is the best means to 
further cooperation, given the GOA's sensitivity to public 
criticism.  END SUMMARY. 
 
--------------------------------- 
Trafficking in Persons and Argentine Federal Legislation 
--------------------------------- 
 
¶2. (SBU) On November 19, visiting U.S. Representatives Loretta 
Sanchez (D-CA) and Roscoe Bartlett (R-MD), along with the 
Ambassador, met with Argentine Interior Minister, Anibal Fernandez. 
Fernandez began by noting that the United States and Argentina 
cooperate well in the fights against terrorism, drugs, and human 
trafficking.  Rep. Sanchez asked Fernandez about GOA efforts to pass 
anti-trafficking legislation.  Fernandez explained that the 
Argentine Senate passed a bill in December 2006 that would make 
human trafficking a federal crime, in the case of minors, and would 
consider an adult victim's consent to being trafficked when 
determining whether trafficking has occurred.  NOTE:  The bill is 
stuck in the Chamber of Deputies, because some, consistent with the 
Palermo protocol, maintain that a person can not consent to his or 
her own exploitation.  Representative Sanchez pointed out that 
Colombia had recently changed its TIP legislation to remove the 
issue of consent as a consideration for adults. 
 
¶3.  (SBU) Fernandez attributed the fact that the bill has not yet 
passed in part to the criticism in the State Department's 2007 TIP 
report of GOA anti-TIP efforts.  He also recounted his frustration 
that a May 2007 meeting with Washington agencies on USG efforts to 
combat human trafficking focused exclusively on a  G/TIP officer's 
criticism that the Senate bill did not adequately address the issue 
of consent in Argentina's trafficking problem.  He specifically 
cited the G/TIP officer handing him an edited version of draft 
Argentine legislation and saying, "That just isn't the way to do 
things."  Fernandez said this hurt him deeply because it was a law 
in which he had a lot of personal interest.  He admitted that the 
Senate bill may not have been perfect, but argued that it could have 
been strengthened later.  He said the key is to make trafficking 
illegal.  Instead, the bill languished in the Chamber of Deputies, 
and Congressional focus on national elections precluded further 
progress in passing the law.  In response to the Ambassador's 
questions, Fernandez stated that he has discussed the matter with 
president-elect Cristina Fernandez de Kirchner (CFK) the previous 
week, including the issue of consent, and he is confident that a 
federal trafficking-in-persons law will be passed soon after she is 
sworn in as president. 
 
------------------------- 
Fight against drugs and organized crime 
-------------------------- 
 
¶4. (SBU) Turning to a discussion on counternarcotics cooperation at 
the Ambassador's suggestion, Fernandez explained that all GOA law 
enforcement agencies work closely with their USG counterparts.  He 
talked about the spread of cocaine derivative "paco" in poor 
neighborhoods and went on to say that 45 percent of federal crimes 
are drug-related, and that only 2.25 percent of these cases have 
gone to trial.  The remaining cases are pending trial.  In addition, 
it costs the GOA USD 5,000 to prosecute a case and USD 1,500 per 
month to keep a prisoner in jail, which, in Fernandez's view, is a 
waste of resources.  Under the new CFK administration, Fernandez 
explained that he will lead the Ministry of Justice, where he will 
continue to work on this issue.  (Note: Fernandez will be taking his 
security portfolio with him to the Ministry of Justice, including 
all of the security agencies formerly housed in the Ministry of 
Interior.) 
 
¶5.  (SBU) Rep. Bartlett opined that greater emphasis should be 
placed on drug education, and that the focus on the supply side of 
the drug problem is a waste of money. He said that the world has 
been attacking the sale and supply of drugs for fifty years and yet 
drugs are still prevalent on the streets.  Fernandez strongly agreed 
with this assessment; still, both Fernandez and Bartlett maintained 
that drugs should not be legalized.  They also noted that abuse of 
legal drugs such as alcohol, tobacco, and over-the-counter medicines 
are some of the most serious drug problems facing our countries. 
Fernandez stated that fighting drug-related crimes should focus on 
the highest levels of organized crime, not busting drug addicts. 
 
Fernandez explained that Argentina followed the U.S. lead in viewing 
drug addiction as criminal, and codified this in its 1988-89 drug 
act.  However, this has resulted in an overwhelming caseload against 
drug addicts, leaving the GOA with fewer resources for dismantling 
drug trafficking rings.  He also noted that the overburdened justice 
system is part of the problem and bringing cases to trial takes way 
too long. 
 
--------------------------- 
Positive state of U.S./Argentine relations 
--------------------------- 
 
¶6. (SBU) Fernandez began the conversation with a long presentation 
on U.S.-Argentine relations.  He said the relationship is "frank, 
respectful, and mature," and that while there may be public 
disagreements on certain issues, they do not hinder an otherwise 
positive relationship.  On the whole, Argentina has a history of 
respect and friendship with the United States.  He noted that 
Argentina's democratic system is modeled after the United States, 
with similar constitutions and a strong executive.  Fernandez 
acknowledged that relations reached a nadir during Argentina's 
2001-02 financial crisis.  Although Fernandez personally does not 
blame the United States or the IMF for the financial crisis, he 
asserted that both made it difficult for Argentina to recover.  He 
also reiterated the GOA view that President Bush did not help 
Argentina when President Nestor Kirchner asked for U.S. assistance 
in mediating with the IMF at the 2005 Summit of the Americas in Mar 
del Plata.  Fernandez believes that Argentina, the USG, and the IMF 
should work together to find solutions that help Argentina while 
still protecting U.S. and IMF interests.  Rep. Sanchez said that the 
United States wants to be supportive of its friends in Latin 
America, but that leadership should ultimately come from within. 
 
¶7.  (SBU) Rep. Bartlett asked if the antipathy of the Argentine 
people toward the United States is based on our use of power around 
the world.  Fernandez said that Argentines do not necessarily oppose 
U.S. use of force and that it depended on the situation.  For 
example, Argentines have a very unfavorable view the current Iraq 
war, but they widely supported our actions in Operation Desert Storm 
in the early 1990s.  Fernandez also pointed out that Argentines 
generally respect Americans on a personal level, and that U.S. 
tourists are generally treated well when visiting Argentina. Rep. 
Bartlett said he was pleased that Argentine antipathy towards 
current U.S. policy doesn't extend to tourists visiting the country. 
 
 
¶8. (SBU) COMMENT: Fernandez is slated to move from the Interior 
Ministry to the Justice Ministry when Cristina Fernandez de Kirchner 
assumes the presidency on December 10, but retain control of federal 
police and other law enforcement agencies.   His welcoming tone in 
this meeting is another indication that  we will continue to enjoy 
productive access to Fernandez in his new capacity.  He sees value 
in strong and amicable U.S.-Argentine relations, and has worked with 
us to further bilateral cooperation in fighting terrorism, drugs, 
and human trafficking.  As Fernandez takes the helm of the Ministry 
of Justice, we will want to further our existing security 
cooperation, as well as stress the importance of judicial reform. 
In doing so, quiet diplomacy is the best means to further 
cooperation with Fernandez, and indeed the rest of the CFK 
administration, given their sensitivity to public criticism.  On TIP 
matters, Fernandez understands that comprehensive anti-TIP 
legislation is a top U.S. priority, but would appreciate greater 
U.S. understanding of internal political constraints.  He clearly 
believes that excessive G/TIP advocacy on the matter has been 
counterproductive.  The Embassy will continue to work with him and 
others to get the best possible anti-TIP legislation passed.  END 
COMMENT. 
 
¶9.  (U) This cable has been cleared by Representative Sanchez. 
 
KELLY