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Viewing cable 08DUBLIN106, IRELAND - EIGHTH ANNUAL TRAFFICKING IN PERSONS (TIP)
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Reference ID | Created | Released | Classification | Origin |
---|---|---|---|---|
08DUBLIN106 | 2008-03-03 10:21 | 2011-07-22 00:00 | UNCLASSIFIED//FOR OFFICIAL USE ONLY | Embassy Dublin |
VZCZCXRO2980
RR RUEHAG RUEHDF RUEHIK RUEHLZ RUEHROV
DE RUEHDL #0106/01 0631021
ZNR UUUUU ZZH
R 031021Z MAR 08
FM AMEMBASSY DUBLIN
TO RUEHC/SECSTATE WASHDC 8925
INFO RUCNMEM/EU MEMBER STATES
RUEAWJA/DEPT OF JUSTICE WASHDC
RHMFIUU/DEPT OF HOMELAND SECURITY WASHINGTON DC
RUEHC/DEPT OF LABOR WASHDC
RUEATRS/DEPT OF TREASURY WASHDC
RUEHUJA/AMEMBASSY ABUJA 0046
RUEHBJ/AMEMBASSY BEIJING 0159
RUEHBL/AMCONSUL BELFAST 0676
RUEHOS/AMCONSUL LAGOS 0065
UNCLAS SECTION 01 OF 16 DUBLIN 000106
SIPDIS
SENSITIVE
SIPDIS
STATE FOR G/TIP, G, INL, DRL, PRM
STATE FOR EUR/PGI
STATE FOR USAID
E.O. 12958: N/A
TAGS: KCRM PHUM KWMN SMIG KFRD ASEC PREF ELAB EI
SUBJECT: IRELAND - EIGHTH ANNUAL TRAFFICKING IN PERSONS (TIP)
REPORT
REF: STATE 02731
DUBLIN 00000106 001.2 OF 016
¶1. (SBU) Summary: On the verge of passing new comprehensive
anti-trafficking legislation, Ireland made great strides during the
reporting period to shore up protections against trafficking in
persons (TIP) in the country. In addition to the new Criminal Law
(Human Trafficking) Bill 2007, which Department of Justice, Equality
and Law Reform (DOJ) contacts expect will become law by April 2008,
new immigration legislation was published that includes protections
for trafficking victims. In April 2007, the Government signed the
Council of Europe Convention on Action Against Trafficking in Human
Beings (CoE Convention). Enactment of the two new laws will be the
final steps to enable the Irish Government to ratify the CoE
Convention.
¶2. (SBU) DOJ created and staffed a new Anti-Trafficking Unit,
headed by an Executive Director who reports directly to the Minister
for Justice. This highly-placed Unit will be responsible for
coordinating and facilitating the implementation of a new national
strategy to address human trafficking and will act as one of the key
liaison offices between NGOs and Irish Government officials.
¶3. (SBU) A new High Level Group on Combating Trafficking in Human
Beings was established during the year, replacing the TIP
inter-agency Working Group created in 2005. The new High Level
Group is co-chaired by the Director General of the Irish National
Immigration Service and the Assistant Secretary in the DOJ. Members
of the new High Level Group include principal officers from the
Department of Enterprise, Trade and Employment (DETE), the
Department of Foreign Affairs, the Health Services Executive (HSE),
the Irish Naturalisation and Immigration Service (INIS), the Garda
(Irish National Police) National Immigration Bureau (GNIB), and the
Executive Director of the DOJ's Anti-Trafficking Unit. The Garda
launched Operation Snow during the year that focused on
investigating possible trafficking of unaccompanied children into
Ireland. They continued Operation Hotel, which coordinates action
against trafficking on a nationwide basis. Ireland also took part
in Operation Pentameter II (launched October 2007 and continuing), a
joint program with the United Kingdom which investigates trafficking
movement between the two countries. The Garda implemented a new
training program on ways to work with suspected trafficking victims,
which was created with input from several NGOs. During the
reporting period, an estimated 120 officers attended this training
and the program became a standard module in the basic training of
new Garda recruits. The training is now also a part of the Garda's
required in-service training program.
¶4. (SBU) The estimated number of suspected trafficking victims
remained small during the year; an academic study by university
researchers at National University of Ireland Galway (NIU/G) and
Trinity College concluded that a minimum of 76 victims were
trafficked into Ireland for sexual exploitation over a 7-year period
(2000-2006). Data provided by NGOs indicated that the number of
suspected victims ranged from just a handful to maybe as many as 150
victims during the same period. During the reporting period, the
estimated number of potential victims from individual NGOs ranged
from 3 to 13. NGOs often referred cases among themselves, so this
number may include duplicate cases.
¶5. (SBU) Post has engaged the Irish Government at the highest
levels to stress the importance of Ireland's role in fighting
European and global trafficking. We have urged the Government to
develop a national action plan and to develop an awareness campaign
that focuses on reducing demand. The Ambassador, DCM, POL/ECON
chief, and Embassy political officers regularly discussed
trafficking with the Department of Foreign Affairs, DOJ, DETE, the
HSE, the INIS, and the GNIB as well as numerous NGOs. Post will
continue to urge the Government and NGOs to improve cooperation to
identify, assess, and prosecute cases of trafficking, and to assist
victims. End Summary.
¶6. (SBU) The following items are keyed to reftel.
OVERVIEW OF A COUNTRY'S ACTIVITIES TO ELIMINATE TRAFFICKING IN
PERSONS
---------------------------------------
¶A. Is the country a country of origin, transit, and/or destination
DUBLIN 00000106 002.2 OF 016
for internationally trafficked men, women, or children? Provide,
where possible, numbers or estimates for each group; how they were
trafficked, to where, and for what purpose. Does the trafficking
occur within the country's borders? Does it occur in territory
outside of the government's control (e.g. in a civil war situation)?
Are any estimates or reliable numbers available as to the extent or
magnitude of the problem? What is (are) the source(s) of available
information on trafficking in persons or what plans are in place (if
any) to undertake documentation of trafficking? How reliable are the
numbers and these sources? Are certain groups of persons more at
risk of being trafficked (e.g. women and children, boys versus
girls, certain ethnic groups, refugees, etc.)?
There are indicators and anecdotal evidence that Ireland is, on a
limited scale, a destination and transit country for international
trafficking victims. The estimated number of trafficking victims
that individual NGOs encountered during the reporting period ranged
between 3 and 13 victims. Many NGOs made referrals among themselves
and with the police, so some of these cases may have overlapped.
Ruhama, an NGO that aids prostitutes, said that most of the
trafficking victims they had encountered during the year were
identified as young foreign women between 18 and 25 years of age
from Eastern Europe and Africa. (Nigeria was specifically named.)
Ruhama also expressed concern over the growing number of Chinese
massage parlors in Ireland, theorizing that this industry could be a
destination for trafficking victims for both sexual exploitation and
forced labor. One trend that Ruhama noted was that many
prostitutes, especially those from other countries, were no longer
working the streets, but were increasingly working in private
apartments or houses that function as brothels.
In September 2007, a widely accepted study conducted by researchers
from National University of Ireland at Galway (NUI/G) and Trinity
College reported that the minimum estimated number of trafficking
victims for sexual exploitation into Ireland over a seven year
period (2000-2006) was 76. Although some NGOs argued that this
estimate was too low (Ruhama, for example, said their staff had
encountered about 150 trafficking victims during this same time
period) most agreed that the report was a positive step in
identifying the extent of the trafficking problem in Ireland.
Ruhama took part in the data gathering portion of the NUI/G study,
but according to the researchers, a significant number of Ruhama's
cases were not accepted due to lack of information in the case
files. The full NIU/G report can be found at
http://www.nuigalway.ie.
Several NGOs also provided data on cases they had collected over
several years. The Migrant Rights Centre reported 46 cases of
suspected trafficking for labor exploitation from July 2005 -
December 2007. The largest number of these victims came from
Bangladesh, followed by Pakistan, Egypt and the Philippines.
Smaller numbers came from South America, Africa, Eastern Europe and
Asia. The Migrant Rights Centre said that there were three main
areas in which such trafficking victims worked: domestic labor,
restaurants and agricultural production. (Mushroom pickers were
specifically named).
Unaccompanied minors entering Ireland continued to be an area of
concern for both the Government and NGOs. When minors (children
under 17) come to Ireland without a parent or guardian, they are
automatically placed into care facilities overseen by the Health
Services Executive (HSE), the administrative body that runs the
healthcare system. According to HSE officials, the majority of
these children travel to Ireland to join their families who have
already established residency or are waiting for an asylum decision.
However, those children not reunited with their families are placed
in foster care or in a Government-run hostel. An NGO representative
who works directly with separated children said that these children
are vulnerable to being trafficked. In response to these concerns,
the Garda have launched Operation Snow, which is dedicated to
investigating possible trafficking of unaccompanied children into
Ireland.
Government, Garda and NGOs are considered credible sources of
information on trafficked persons. Their findings are reasonably
consistent given the difficulty of gathering such data.
-- B. Please provide a general overview of the trafficking situation
DUBLIN 00000106 003.2 OF 016
in the country and any changes since the last TIP Report (e.g.
changes in direction). (Other items to address may include: What
kind of conditions are the victims trafficked into? Which
populations are targeted by the traffickers? Who are the
traffickers/exploiters? Are they independent business people?
Small or family-based crime groups? Large international organized
crime syndicates? What methods are used to approach victims? (Are
they offered lucrative jobs, sold by their families, approached by
friends of friends, etc.?) What methods are used to move the
victims (e.g., are false documents being used?). Are employment,
travel, and tourism agencies or marriage brokers involved with or
fronting for traffickers or crime groups to traffic individuals?
NGO and Government contacts agreed that the majority of suspected
trafficking cases involved women who were brought into Ireland for
prostitution. Most cases involved Eastern European women, with a
limited number of people trafficked from Asia, Africa and South
America. Most suspected victims entered Ireland legally, either
from EU Member States or with a valid visa. Also, since Ireland
shares a Common Travel Area with the United Kingdom, many were
suspected to have entered Ireland through the UK and Northern
Ireland. Garda believe that organized criminal gangs of foreign
nationals facilitated much of the suspected sex trade trafficking
and that these gangs also arranged for the victims' employment and
accommodation in brothels. The criminal gangs reportedly solicited
clients via text and voice mobile phone contacts and the use of the
Internet. Garda National Immigration Bureau (GNIB) officials
suspected some use of fraudulent documentation in cases involving
victims from West Africa and non-EU East European nations.
During investigations, some women considered possible trafficking
victims by NGOs stated to the Garda that they had been recruited in
their home countries, where they had already been working in the sex
industry, and that they had traveled to Ireland voluntarily.
There was an increase in awareness among law enforcement personnel
and NGO communities regarding trafficking for labor exploitation
during the past year. This was a result of specific
trafficking-identification training efforts by the Garda as well as
concentrated efforts by NGOs to make trafficking for labor
exploitation a part of trafficking discussions and campaigns. To
date, however, there have been limited numbers of suspected
trafficking victims for labor exploitation identified in Ireland.
There is no evidence that employment, travel or tourism agencies, or
marriage brokers, are involved with or fronting for traffickers or
crime groups to traffic individuals.
-- C. Which government agencies are involved in anti-trafficking
efforts and which agency, if any, has the lead?
In December 2007, the DOJ created an Anti-Trafficking Unit that
leads anti-trafficking efforts for the Government of Ireland. This
new highly placed Unit, headed by an executive director who reports
directly to the Minister for Justice, is responsible for
coordinating anti-trafficking efforts in Ireland and for creating a
National Action Plan on trafficking in persons. DOJ is also
responsible for policy in relation to criminal law and law
enforcement, immigration/border control and gender equality.
An Garda Sochna, the national police force, is responsible for the
investigation of criminal offences, including human trafficking.
Within the Garda, the Garda National Immigration Bureau (GNIB) and
the Garda National Bureau of Criminal Investigation (NBCI) are the
key bureaus that investigate most suspected trafficking cases.
The Department of Enterprise, Trade and Employment (DETE) is
responsible for the protection of workers rights. The National
Employment Rights Authority office within the DETE is responsible
for inspection and enforcement of labor laws.
The Department of Foreign Affairs has an anti-trafficking role in
relation to Embassy officials accepting visa applications, and in
relation to international human rights and overseas development
assistance.
The Health Service Executive (HSE) is responsible for the welfare of
child victims of human trafficking. The Refugee Act 1996 places an
DUBLIN 00000106 004.2 OF 016
obligation on immigration officers and members of the police who
encounter minors unaccompanied by parents or guardians to invoke
provisions of the Child Care Act 2001, which involves placing the
minor concerned in the care of the HSE.
-- D. What are the limitations on the government's ability to
address this problem in practice? For example, is funding for
police or other institutions inadequate? Is overall corruption a
problem? Does the government lack the resources to aid victims?
For several consecutive years, the Irish Government has enjoyed a
budget surplus, and there are no unique limitations on resources to
combat trafficking. Irish police and border authorities are honest,
competent and well-run. The Government has acknowledged the need
for new legislation that specifically defines and outlaws
trafficking in persons and introduced a new Criminal Law (Human
Trafficking) Bill 2007, which will bring Ireland into conformity
with UN, EU and CoE anti-trafficking regulations and give police
more precise legal tools, was in the final stages of the legislative
process at the end of February 2008. Irish officials anticipate
that this bill will become law in April 2008. A limitation on the
Government's ability to address trafficking would be lack of
experience with TIP issues, since immigration into Ireland,
including illegal immigration, is a relatively new phenomenon. The
Government is now striving to deploy the necessary staff, resources,
and procedures to deal with increased immigration. Specifically, a
dedicated police unit will be created to focus on enforcing the new
anti-trafficking Criminal Law, once the bill has been enacted.
-- E. To what extent does the government systematically monitor its
anti-trafficking efforts (on all fronts -- prosecution, victim
protection, and prevention) and periodically make available,
publicly or privately and directly or through regional/international
organizations, its assessments of these anti-trafficking efforts?
In addition to the new Anti-Trafficking Unit, the Government created
a new High Level Group on Combating Trafficking in Human Beings in
January 2008 that coordinates the anti-trafficking efforts of the
Department of Justice, DETE, Department of Foreign Affairs, GNIB,
INIS, and the HSE. The High Level Group liaises with various Irish
and international NGOs on TIP programs and the identification of
possible victims. The Government actively engages with
international organizations dealing with trafficking, including the
UN, EU, and OSCE, and works bilaterally with countries that are
transit or source countries of the sex industry. Ireland is also
part of a European G6 Initiative against human trafficking. This
initiative, involving six European countries (UK, Poland, Italy,
Netherlands, Spain and Ireland), includes sharing best practices
learned from anti-trafficking efforts. The GNIB works under the
Garda but carries out its immigration functions on behalf of the
Minister of Justice. This system ensures a sharing of information
among immigration policy-makers, immigration officers, and national
police. A GNIB official, in addition to representing Ireland at the
EU Border Agency in Warsaw, participates in an information-sharing
forum of NGOs working to combat trafficking and to deter violence
against women. There is open cooperation and sharing of information
among Government officials, Garda officers and NGOs.
INVESTIGATION AND PROSECUTION OF TRAFFICKERS
---------------------------------------
-- A. Does the country have a law specifically prohibiting
trafficking in persons--both for sexual and non-sexual purposes
(e.g. forced labor)? If so, please specifically cite the name of
the law and its date of enactment and provide the exact language of
the law prohibiting TIP and all other law(s) used to prosecute TIP
cases. Does the law(s) cover both internal and external
(transnational) forms of trafficking? If not, under what other laws
can traffickers be prosecuted? For example, are there laws against
slavery or the exploitation of prostitution by means of force, fraud
or coercion? Are these other laws being used in trafficking cases?
Please provide a full inventory of trafficking laws, including
non-criminal statutes that allow for civil penalties against alleged
trafficking crimes, (e.g., civil forfeiture laws and laws against
illegal debt).
Ireland is in the final stages of passing the Criminal Law (Human
Trafficking) Bill 2007 which will outlaw all forms of trafficking,
DUBLIN 00000106 005.2 OF 016
including for sexual exploitation, labor exploitation, or
exploitation for organ removal. Under the new criminal law,
traffickers can be convicted for up to life imprisonment when a
victim is under 18 years and up to 14 years imprisonment when the
victim is an adult. The bill has passed the Dail (lower house of
Parliament) and is currently in the final stages of review by the
Seanad (Senate; upper house of Parliament). The bill will then go
to the President for signing, followed by a one-month period before
it comes into force. DOJ officials anticipate the bill's enactment
in April 2008.
The exact language in the Crime Law (Human Trafficking) Bill 2007
prohibiting TIP is, "A person who trafficks a child for the purposes
of the exploitation of the child shall be guilty of an offence. A
person who sells a child, offers or exposes a child for sale or
invites the making of an offer to purchase a child, or purchases or
makes an offer to purchase a child, shall be guilty of an offence.
A person who causes an offence under subsection (1) or (2) to be
committed shall be guilty of an offence. A person who attempts to
commit an offence under subsection (1), (2) or (3) shall be guilty
of an offence. A person guilty of an offence under this section
shall be liable upon conviction on indictment to a fine, or
imprisonment for life, or both. A person (in this section referred
to as the "trafficker") who trafficks another person (in this
section referred to as the trafficked person"), other than a child
or a person to whom subsection (2) applies, for the purposes of the
exploitation of the trafficked person shall be guilty of an offence
if, in or for the purpose of trafficking the trafficked person, the
trafficker - (a) coerced, threatened, abducted or otherwise used
force against the trafficked person,(b) deceived or committed a
fraud against the trafficked person,(c) abused his or her authority
or took advantage of the vulnerability of the trafficked person to
such extent as to cause the trafficked person to have had no real
and acceptable alternative but to submit to being trafficked,(d)
coerced, threatened or otherwise used force against any person in
whose care or charge, or under whose control, the trafficked person
was for the time being, in order to compel that person to permit the
trafficker to traffick the trafficked person, or(e) made any payment
to, or conferred any right, interest or other benefit on, any person
in whose care or charge, or under whose control, the trafficked
person was for the time being, in exchange for that person
permitting the trafficker to traffick the trafficked person. A
person who trafficks a person who is mentally impaired for the
purposes of the exploitation of the person shall be guilty of an
offence."
In addition, there are presently five laws that deal with
trafficking in persons - The Immigration Act 2003, The Illegal
Immigrants (Trafficking) Act 2000, The Child Trafficking and
Pornography Act 1998, The Proceeds of Crime Act 1996 and The
Criminal Law (Sexual Offenses) Act 1993.
The Illegal Immigrants (Trafficking) Act 2000 made it an offense for
a person to organize or knowingly facilitate the entry into the
State of a person whom he knows to be, or has reasonable cause to
believe to be, an illegal immigrant or person who intends to seek
asylum. While this law more correctly describes smuggling, a
trafficker would also be subject to this law. Section 2 of this Act
would apply most readily to traffickers, as it specifically
prohibits bringing in illegal immigrants for the financial gain of
those facilitating the entry. The penalty on conviction of
indictment for this offense is an unlimited fine, or up to 10 years
imprisonment, or both. The penalty for a guilty plea, however, is a
maximum of 12 months incarceration and a fine not to exceed Euro
1,500 (2,190 USD).
The Child Trafficking and Pornography Act 1998 makes it an offense,
inter alia, to organize or knowingly facilitate the entry into,
transit through, or exit from the State of a child for the purpose
of sexual exploitation, or to provide accommodation to such a child
while in the State. The maximum penalty is life imprisonment. This
law is enforceable for crimes committed outside of Ireland by Irish
citizens and residents.
The Immigration Act 2003 requires carriers operating aircraft,
ferries, or other vehicles bringing persons to Ireland from any
area, except the Common Travel area between Ireland and the UK, to
ensure that those passengers are in possession of the necessary
DUBLIN 00000106 006.2 OF 016
immigration documentation. The Act provides for a fine for
passengers traveling with inadequate documentation.
In addition, the Act requires Government departments, local
authorities, health boards, the Garda, and refugee application
determination bodies to share information on non-nationals,
including applicants for refugee status, in order to ensure
compliance with laws relating to their entry, residence and removal
from the State.
The Proceeds of Crime Act 1996 allows for the confiscation of assets
of those involved in criminal activity, including trafficking in
persons. The assessment of tax liability on the illegal earnings
may also be pursued. In addition, Ireland has comprehensive civil
legislation that provides for seizure of assets acquired through
criminal activity. A criminal conviction is not necessary before a
civil case can be filed, and the burden of proving that the assets
are not the proceeds of crime rests with the defendant in civil
proceedings. The Criminal Assets Bureau implements this legislation
working with other Government agencies.
The Criminal Law (Sexual Offenses) Act of 1993 prohibits and
penalizes those found soliciting or importuning for the purpose of
prostitution. The act also penalizes those controlling or directing
the activities of a prostitute, organizing prostitution by
controlling or directing the activities of more than one prostitute
for the purpose of prostitution, or compelling or coercing a person
to be a prostitute.
False imprisonment is an offence under section 15 of the Non-Fatal
Offences against the Person Act 1998 and is punishable by up to life
imprisonment.
The Slave Trade Act 1824 renders all operations in connection with
the slave trade illegal and slavery or servitude is prohibited under
the Irish Constitution (Article 40).
-- B. What are the prescribed penalties for trafficking people for
sexual exploitation? What penalties were imposed for persons
convicted of sexual exploitation over the reporting period? Please
note the number of convicted sex traffickers who received suspended
sentences and the number who received only a fine as punishment.
Under the Illegal Immigrants (Trafficking) Act 2000, the penalty can
include up to a Euro 1,500 (2,190 USD) fine and 12 months in jail.
If a case is appealed to the district court, then the penalty is a
maximum of ten years imprisonment and there is no cap on the fine.
-- C. Punishment of Labor Trafficking Offenses: What are the
prescribed and imposed penalties for trafficking for labor
exploitation, such as forced or bonded labor and involuntary
servitude? Do the government's laws provide for criminal punishment
-- i.e. jail time -- for labor recruiters in labor source countries
who engage in recruitment of laborers using knowingly fraudulent or
deceptive offers that result in workers being trafficked in the
destination country? Are there laws in destination countries
punishing employers or labor agents in labor destination countries
who confiscate workers' passports or travel documents, switch
contracts without the worker's consent as a means to keep the worker
in a state of service, or withhold payment of salaries as means of
keeping the worker in a state of service? If law(s) prescribe
criminal punishments for these offenses, what are the actual
punishments imposed on persons convicted of these offenses? Please
note the number of convicted labor traffickers who received
suspended sentences and the number who received only a fine as
punishment.
Under the Illegal Immigrants (Trafficking) Act 2000, which addresses
both trafficking for sexual exploitation and labor exploitation, the
penalty can include up to a Euro 1,500 (2,190 USD) fine and 12
months in jail. If a case is appealed to the district court, then
the penalty is a maximum of ten years imprisonment and there is no
cap on the fine. Labor exploitation cases are often heard by the
Rights Commissioner, who can award compensation for exploited
workers. In January 2008, the Rights Commissioners awarded a
Pakistani migrant worker Euro 116,000 (169,360 USD) in a case
against his employer. Although criminal charges were not filed, the
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circumstances of the case, including holding the employee's
passport, indicated that this may have been a trafficking case.
-- D. What are the prescribed penalties for rape or forcible sexual
assault? How do they compare to the prescribed penalties for crimes
of trafficking for commercial sexual exploitation?
Under Irish Law, the maximum sentence possible for rape is life
imprisonment (eight years is the average sentence), and the maximum
possible sentence for aggravated sexual assault is life
imprisonment. This is similar to the penalty for Child Trafficking
as provided for in the Child Trafficking and Pornography Act 1998.
-- E. Is prostitution legalized or decriminalized? Specifically,
are the activities of the prostitute criminalized? Are the
activities of the brothel owner/operator, clients, pimps, and
enforcers criminalized? Are these laws enforced? If prostitution
is legal and regulated, what is the legal minimum age for this
activity? Note that in many countries with federalist systems,
prostitution laws may be under state or local jurisdiction and may
differ among jurisdictions.
Adult prostitution (18 years of age and older) is not illegal under
Irish law, but it is an offense to solicit another person for the
purposes of prostitution, to be involved in organized prostitution,
or to live off the proceeds of a third party's income from
prostitution (pimping). Under the Criminal Law Amendment Act 1885,
it is also illegal to procure a woman or girl to become a
prostitute, to leave the country to become a prostitute, or to leave
her usual place of abode to become a prostitute. Brothels, defined
as establishments of two or more women made available for
prostitution, are illegal. Under the above mentioned Act, it is an
offence to detain any woman or girl against her will in a brothel.
A woman or girl is deemed to have been detained in a brothel where,
inter alia, property belonging to her is withheld.
-- F. Has the government prosecuted any cases against human
trafficking offenders? If so, provide numbers of investigations,
prosecutions, convictions, and sentences served, including details
on plea bargains and fines, if relevant and available. Please
indicate which laws were used to investigate, prosecute, convict,
and sentence traffickers. Also, if possible, please disaggregate by
type of TIP (labor vs. commercial sexual exploitation) and victims
(children, as defined by U.S. and international law as under 18
years of age, vs. adults). Does the government in a labor source
country criminally prosecute labor recruiters who recruit laborers
using knowingly fraudulent or deceptive offers or impose on
recruited laborers inappropriately high or illegal fees or
commissions that create a debt bondage condition for the laborer?
Does the government in a labor destination country criminally
prosecute employers or labor agents who confiscate workers'
passports/travel documents, switch contracts or terms of employment
without the worker's consent, use physical or sexual abuse or the
threat of such abuse to keep workers in a state of service, or
withhold payment of salaries as a means to keep workers in a state
of service? Are the traffickers serving the time sentenced? If
not, why not? Please indicate whether the government can provide
this information, and if not, why not?
In July the Dublin District Court convicted a Nigerian-born Irish
national of trafficking 12 Mauritian nationals into the country
under the Illegal Immigrants (Trafficking) Act 2000. Although this
Act covers both smuggling and trafficking, the local newspapers
referred to this as a trafficking in persons case. It was unclear
from published accounts whether the Mauritian nationals were
smuggled against their will and since they were denied admittance
into Ireland, it was unclear if the convicted man intended to
exploit them. The Irish national was sentenced to four years in
prison, which he is now serving.
-- G. Does the government provide any specialized training for
government officials in how to recognize, investigate, and prosecute
instances of trafficking? Specify whether NGOs, international
organizations, and/or the USG provide specialized training for host
government officials.
The Government provides training in-country and sends officials to
DUBLIN 00000106 008.2 OF 016
seminars and conferences abroad. Some examples follow:
In July, August and October, the Dublin-based Office of the
International Organization for Migration (IOM), in conjunction with
the GNIB, conducted several two-day training seminars titled "The
Training of Border Guards, Border Police and Customs Officials in
Identifying of and Providing Assistance to the Victims of
Trafficking." Attendees included Garda Training College personnel,
GNIB officers, immigration officials, and officers from the UK Human
Trafficking Centre (UKHTC). Several NGOs presented various portions
of the training seminar and an estimated 120 Irish police attended
the training. This program is provided to key Garda personnel
throughout Ireland as part of their continuous professional
development program.
A new training module on the phenomenon of human trafficking is
included as part of the overall training for new Garda recruits.
Irish law enforcement organizations take part in European-wide
conferences on the prevention of organized exploitation of women and
children and are part of the Interpol Working Group on Trafficking
in Human Beings. This group developed a manual of best practices
for investigators that provides practical guidelines for
investigators and a structured way to locate advice on a specific
issue.
Garda personnel regularly participate in courses organized by the
European Police College (CEPOL) related to human trafficking. These
courses are targeted at senior police officers who are responsible
for aiding in the prosecution of trafficking cases or organized
crime cases, members of lecturing staff in national police training
colleges, chiefs of police and government officials from ministries
dealing with issues of human trafficking.
--H. Does the government cooperate with other governments in the
investigation and prosecution of trafficking cases? If possible, can
post provide the number of cooperative international investigations
on trafficking during the reporting period?
The Government cooperates with other governments in the
investigation of prosecution of trafficking victims.
Since Ireland and the United Kingdom share a Common Travel Area, the
two countries have close cooperation on a number of immigration and
trafficking investigations, including Operation Pentameter (2006)
and Operation Pentameter II (launched in October 2007). The two
countries also exchange liaison officers from GNIB and the UK
immigration Service (UKIS). In September 2006, the two Governments
signed a memorandum of understanding in relation to facilitating the
systematic exchange of immigration-related information. In
addition, the Garda cooperate with the UK Human Trafficking Centre
(UKHTC) in Sheffield.
Ireland has also established operational cooperation with
immigration and police authorities in Lithuania, Spain, the
Netherlands and France, which are transit points for illegal
immigration into Ireland, with a particular focus on trafficking and
smuggling activity. DOJ officers are assigned to the Irish
Embassies in Russia, China, India, Egypt and Nigeria to interact
with local law enforcement authorities on immigration and
trafficking matters. A DOJ Legal Attach at the Irish Embassy in
Washington, DC liaises with the U.S. Government on trafficking and
other international legal matters. Additionally, the GNIB liaises
with carrier companies whose routes may be vulnerable to
traffickers.
-- I. Does the government extradite persons who are charged with
trafficking in other countries? If so, can post provide the number
of traffickers extradited during the reporting period? Does the
government extradite its own nationals charged with such offenses?
If not, is the government prohibited by law form extraditing its own
nationals? If so, what is the government doing to modify its laws
to permit the extradition of its own nationals?
Ireland extradites persons in certain circumstances to those
countries with which it has extradition agreements in place.
However, Irish courts take a very exacting approach toward such
requests. Requests that do not fully comply with the standards set
DUBLIN 00000106 009.2 OF 016
by the courts are often delayed or denied, as the legal presumption
is against extradition. In addition, Irish courts will deny an
extradition request if they feel that the defendant will not be
given the same guarantees available under the Irish Constitution in
the requesting jurisdiction.
Within the European Union, persons can be returned to their own
jurisdiction under the provisions of the European Arrest Warrant Act
¶2004. In January 2008, the High Court extradited an Irish resident
from Nigeria to the Netherlands, where he was wanted for the alleged
trafficking of up to 200 children from Nigeria into Spain, Italy and
the Netherlands.
-- J. Is there evidence of government involvement in, or tolerance
of, trafficking on a local or institutional level? If so, please
explain in detail.
There is no evidence of Government involvement in or tolerance of
trafficking, on a local or institutional level.
-- K. If government officials are involved in trafficking, what
steps has the government taken to end such participation? Please
indicate the number of government officials investigated and
prosecuted for involvement in trafficking or trafficking-related
corruption during the reporting period. Have any been convicted?
What sentence(s) was imposed? Please specify if officials received
suspended sentences, were given a fine, fired, or reassigned to
another position within the government as punishment. Please
provide specific numbers, if available. Please indicate the number
of convicted officials that received suspended sentences or received
only a fine as punishment.
There is no evidence of Government involvement in trafficking.
-- L. As part of the new requirements of the 2005 TVPRA, for
countries that contribute troops to international peacekeeping
efforts, please indicate whether the government vigorously
investigated, prosecuted, convicted and sentenced nationals of the
country deployed abroad as part of a peacekeeping or other similar
mission who engage in or facilitate severe forms of trafficking or
who exploit victims of such trafficking.
There was no evidence that Irish troops engaged in or facilitated
severe forms of trafficking or of exploiting victims of trafficking,
nor were any Irish troops accused of these crimes during the year.
-- M. If the country has an identified child sex tourism problem (as
source or destination), how many foreign pedophiles has the
government prosecuted or deported/extradited to their country of
origin? What are the countries of origin for sex tourists? Do the
country's child sexual abuse laws have extraterritorial coverage
(similar to the U.S. PROTECT Act)? If so, how many of the country's
nationals have been prosecuted and/or convicted under the
extraterritorial provision(s) for traveling to other countries to
engage in child sex tourism?
Ireland does not have an identified child sex tourism problem. The
Government has authority to deport non-national pedophiles according
to the strictures of its extradition treaty with the country of
origin of the arrested individual. In addition, the Child
Trafficking and Pornography Act has extraterritorial coverage.
PROTECTION AND ASSISTANCE TO VICTIMS
------------------------------------
-- A. Does the government assist foreign trafficking victims, for
example, by providing temporary or permanent residency status, or
other relief from deportation? If so, please explain.
The current assistance program for trafficking victims uses
humanitarian NGO facilities and programs that are partially
Government-funded. Given the relatively small number of trafficking
cases in Ireland, the Government and Garda refer potential victims
on a case by case basis to organizations like Ruhama, the Migrant
Rights Centre and the International Organization for Migration.
These NGOs provide food, shelter, social and medical care, as well
as legal assistance if desired.
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The current immigration system allows INIS authorities to provide
potential victims with permission to remain in Ireland, as
necessary. Government officials stated that, in addition to
providing respite for the individual, it is in the interests of both
the victims of trafficking and the authorities to co-operate to
ensure the protection of victims and the prosecution of
perpetrators.
Trafficking victims can be assisted to return and reintegrate in
their countries of origin with the aid of the International
Organization for Migration. There are links to the Red Cross which
can help to establish contact with families in the country of
origin.
The Government provides care for separated children seeking asylum
and for unaccompanied minors entering Ireland. The Department of
Health receives referrals from the INIS, the GNIB and the Office of
the Refugee Applications Commissioner. The HSE is responsible for
the care of children (17 and younger) and provides social, medical,
psychological and educational services, as well as family
reunification when possible. There are approximately 300 children
currently under the care of the HSE, according to HSE and NGO
contacts.
The Immigration, Residence and Protection Bill, currently in the
first stages of Parliamentary approval, includes provisions for the
protection of trafficking victims. Under this bill, trafficking
victims will be allowed to stay in the country for a 45 day
"recovery and reflection" period and may be given a temporary
residence permit during the investigation and trial of their case.
-- B. Does the country have victim care facilities which are
accessible to trafficking victims? Do foreign victims have the same
access to care as domestic trafficking victims? Does the country
have specialized facilities dedicated to helping victims of
trafficking? If so, can post provide the number of victims placed
in these care facilities during the reporting period? What is the
funding source of these facilities? Please estimate the amount the
government spent (in U.S. dollar equivalent) on these specialized
facilities dedicated to helping trafficking victims during the
reporting period. Does the government provide trafficking victims
with access to legal, medical and psychological services? If so,
please specify the kind of assistance provided, and the number of
victims assisted, if available.
Due to the low number of trafficking cases, there are no shelters
specifically earmarked for victims of trafficking or smuggling,
though both the Garda and the NGOs have staff members who are
specialized in assisting trafficked persons. The Government and
NGOs provide shelter to trafficked persons - as well as legal,
medical and psychological services as needed - on a case by case
basis. Such assistance does not appear to be curtailed by financial
constraints. Costs are borne by both the Government and the NGOs.
Unaccompanied minors who enter the country are deemed vulnerable,
and at risk to be picked up by traffickers. These children are
turned over to the HSE for care. The HSE is responsible for the
appropriate placement of all children taken into their care,
including placements in residential and foster care.
-- C. Does the government provide funding or other forms of support
to foreign or domestic NGOs and/or international organizations for
services to trafficking victims? Please explain and provide any
funding amounts in U.S. dollar equivalent. If assistance provided
is in-kind, please specify exact assistance. Please explain if
funding for assistance comes from a federal budget or from regional
or local governments.
In 2007, the DOJ's Commission for the Victims of Crime provided
Ruhama with an estimated Euro 50,000 (73,000 USD) that was
specifically earmarked as funds for victim support while victims of
sexual exploitation awaited court appearances.
The Government budgeted Euro 810,000 (1.18 million USD) for 2007 to
the local office of the International Organization for Migration
(IOM). Although the IOM does not specifically address trafficking
concerns, the organization was used as an assistance resource for
DUBLIN 00000106 011.2 OF 016
those victims wishing to return to their home countries.
In 2006, the Irish Government's Overseas Development Program, known
as Irish Aid, provided a total of Euro 2.042 million (2.981 million
USD) for on-going anti-trafficking programs, including the
following.
Irish Aid provided Euro 1.363 million (1.989 million USD) to support
the International Labor Organization's (ILO) five-year (beginning in
2006) regional program in Albania, Moldova and Ukraine, which
promotes employment, vocational training and national policy
measures to prevent and reduce trafficking in women.
Irish Aid committed funding of Euro 300,000 (438,000 USD) over three
years (beginning in 2006) to ECPAT (End Child Prostitution, Child
Pornography and Trafficking of Children for Sexual Purposes), a
global network of organizations working on issues of children's
rights, child prostitution, child pornography and child trafficking
for sexual purposes.
Under its Civil Society Fund, Irish Aid provided Euro 379,000
(553,340 USD) over three years (beginning in 2005) to the Irish NGO,
Children in Crossfire. The aim of this program is to combat
trafficking in persons, especially women and children, within South
Asia by promoting the roles of community and local Government in the
reduction of trafficking and by increasing the level of
participation of poor women and children in social and economic
activities.
-- D. Do the government's law enforcement, immigration, and social
services personnel have a formal system of proactively identifying
victims of trafficking among high- risk persons with whom they come
in contact (e.g., foreign persons arrested for prostitution or
immigration violations)? What is the number of victims identified
during the reporting period? Has the government developed and
implemented a referral process to transfer victims detained,
arrested or placed in protective custody by law enforcement
authorities to institutions that provide short-or long-term care?
How many victims were referred for assistance by law enforcement
authorities during the reporting period?
Although not formalized in legislation, Government policy requires
law enforcement, immigration and social services personnel to
routinely refer suspected trafficking victims to NGOs for
assistance. According to NGO contacts, Government officials
referred 10 suspected trafficking victims to their organizations
during the reporting period.
-- E. For countries with legalized prostitution: does the government
have a mechanism for screening for trafficking victims among persons
involved in the legal/regulated commercial sex trade?
The police have conducted various operations focused on the sex
trade, including Operation Quest, where Garda raided lap-dance clubs
and brothels, thoroughly questioned those involved in the raids, and
maintained contact during subsequent months to determine if the
women were trafficking victims. Even though the underlying motive
for the investigations was suspicion of trafficking, no victims
claimed to be trafficked, and Garda prosecuted individuals only for
work permit and prostitution violations.
Since the sex trade is not regulated in Ireland there are no formal
mechanisms to screen commercial sex trade workers. However, police
officers are trained to look for signs of trafficking.
-- F. Are the rights of victims respected? Are trafficking victims
detained or jailed? If detained or jailed, for how long? Are
victims fined? Are victims prosecuted for violations of other laws,
such as those governing immigration or prostitution?
NGOs report that women suspected of being trafficking victims are
generally treated well, although there have been instances in rural
areas where Garda officials, unfamiliar with the trafficking
phenomenon, have initially detained women in prison. Alleged
victims have also been held in jail until the courts were able to
determine their identity.
Ireland is a signatory to the EU's Framework Decision on the
DUBLIN 00000106 012.2 OF 016
Standing of Victims in Criminal Proceedings to harmonize the
treatment of victims of crime across the EU. Government
implementing legislation requires the Garda to show special
sensitivity in relations to victims of sexual offenses.
-- G. Does the government encourage victims to assist in the
investigation and prosecution of trafficking? How many victims
assisted in the investigation and prosecution of traffickers during
the reporting period? May victims file civil suits or seek legal
action against traffickers? Does anyone impede victim access to
such legal redress? If a victim is a material witness in a court
case against a former employer, is the victim permitted to obtain
other employment or to leave the country pending trial proceedings?
Are there means by which a victim may obtain restitution?
NGOs and Garda both reported that the Garda encourage women to
assist in investigations, but do not pressure them to do so. Some
of the funding Ruhama received for victim support was specifically
earmarked as funds to cover living expenses while victims awaited
court appearances.
NGOs that work with migrant and immigrant workers reported assisting
possible victims of labor trafficking in filing civil claims against
their employers. During the reporting period a key case of labor
exploitation was settled in court and the victim received a Euro
116,000 (169,360 USD) settlement. According to Department of
Enterprise, Trade and Employment contacts, the legal status of a
non-Irish employee has no bearing on cases brought to court.
-- H. What kind of protection is the government able to provide for
victims and witnesses? Does it provide these protections in
practice? What type of shelter or services does the government
provide? Are these services provided directly by the government or
are they provided by NGOs or IOs funded by host government grants?
Does the government provide shelter or housing benefits to victims
or other resources to aid the victims in rebuilding their lives?
Where are child victims placed (e.g., in shelters, foster care, or
juvenile justice detention centers)? What is the number of victims
assisted by government-funded assistance programs during the
reporting period? What is the number of victims assisted by non
government-funded assistance programs? What is the number of
victims that received shelter services during the reporting period?
The Government has a witness protection program, but no trafficking
victims have, to date, needed to use it. There are no restrictions
that would prevent a trafficking victim from participating in this
program, if needed.
Due to the low number of trafficking cases, there are no shelters
specifically earmarked for victims of trafficking or smuggling,
though both the Garda and the NGOs have staff members who are
specialized in assisting trafficked persons. The Government and
NGOs provide shelter to trafficked persons - as well as legal,
medical and psychological services as needed - on a case by case
basis. Such assistance does not appear to be curtailed by financial
constraints. Costs are borne by both the Government and the NGOs.
Unaccompanied minors who enter the country are deemed vulnerable,
and at risk to being trafficked. These children are turned over to
the HSE for care. The HSE is responsible for the appropriate
placement of all children taken into their care, including
placements in residential and foster care.
-- I. Does the government provide any specialized training for
government officials in identifying trafficking victims and in the
provision of assistance to trafficked victims, including the special
needs of trafficked children? Does the government provide training
on protections and assistance to its embassies and consulates in
foreign countries that are destination or transit countries? Does
it urge those embassies and consulates to develop ongoing
relationships with NGOs and IOs that serve trafficked victims? What
is the number of trafficking victims assisted by the host country's
embassies or consulates abroad during the reporting period? Please
explain the level of assistance. For example, did the host
government provide travel documents for the victim to repatriate,
did the host government contact NGOs in either the source or
destination countries to ensure the victim received adequate
assistance, did the host government pay for the transportation home
DUBLIN 00000106 013.2 OF 016
for a victim's repatriation, etc.
Social workers, members of the Special Unaccompanied Minors Unit in
the Dublin HSE, the GNIB, Garda, and staff of the Refugee
Applications Commissioner are trained to spot possible trafficking
victims. In addition, a new training module on human trafficking is
continually delivered to new Garda recruits and is available to
existing Garda through the organization's in-service training
program. The GNIB works closely with UK counterparts to review and
track cases of suspected trafficking and employs an exchange program
of officials with the UK to further bilateral cooperation in the
field of immigration. While Department of Foreign Affairs officials
participate in international conferences and training sessions, the
diplomatic corps as a whole is not specifically trained regarding
assistance or support for trafficking victims, although they do
receive training in overall human rights issues, which includes
trafficking.
-- J. Does the government provide assistance, such as medical aid,
shelter, or financial help, to its nationals who are repatriated as
victims of trafficking?
The Government is not aware of any Irish nationals who have become
victims of human trafficking.
-- K. Which international organizations or NGOs, if any, work with
trafficking victims? What type of services do they provide? What
sort of cooperation do they receive from local authorities? How
much funding (in U.S. Dollar Equivalent) did NGOs and international
organizations receive from the host government for victim assistance
during the reporting period? Please disaggregate funding for
prevention and public awareness efforts from victim assistance
funding. NOTE: If post reports that a government is incapable of
providing direct assistance to TIP victims, please assess whether
the government ensures that TIP victims receive access to adequate
care from other entities. Funding, personnel, and training
constraints should be noted, if applicable. Conversely, the lack of
political will in a situation where a country has adequate financial
and other resources to address the problem should be noted as well.
The most active organizations directly involved in working with the
victims of trafficking are:
- Ruhama: Ruhama provides support to prostitutes and women
suspected of having been trafficked for sexual exploitation. Ruhama
provides emergency accommodation, and, if possible, social and
psychological support, referrals to health and legal authorities,
and assistance in accessing educational and employment
opportunities.
- International Organization for Migration, Dublin: In relation to
trafficking, IOM carries out information campaigns, provides
counseling services, conducts research on trafficking, provides
Government funded training to Irish officials, and assists victims
who want to return to their home country.
- Ireland En Route: Ireland En Route is a Forum on Trafficking of
Women and Children for Sexual Exploitation. It is a multi-agency
group comprised of Health Service representatives, Garda, members of
the GNIB, and NGOs. The forum was set up in 2000 to raise awareness
and address some of the issues associated with trafficking of women
and children for sexual exploitation. It also attempts to
disseminate trafficking information within the group members and
with other organizations.
- Immigrant Council of Ireland: The Immigrant Council of Ireland
provides information to immigrants on their rights in the areas of
immigration law, employment, accommodation, and social welfare. The
Council has recently added an anti-trafficking coordinator to assist
possible trafficking victims and liaise with the police.
- Migrant Rights Centre Ireland: The Migrant Rights Centre Ireland
is a human rights advocate for migrant workers and their families.
The organization provides information on rights to migrants and
lobbies the Government to change the laws and policies that affect
these workers. The Migrant Rights Centre Ireland's trafficking
focus is on trafficking for labor.
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There are also several smaller NGOs, particularly minority or
women's rights groups, who may indirectly come into contact with
trafficking victims.
PREVENTION
----------
-- A. Does the government acknowledge that trafficking is a problem
in the country? If not, why not?
The Irish Government acknowledges that Ireland is a destination
country for trafficking and that a small number of trafficking
victims have been identified. It has not found evidence that the
problem presently exists on any significant scale. It actively
investigates all credible allegations of trafficking.
-- B. Are there, or have there been, government-run anti-
trafficking information or education campaigns conducted during the
reporting period? If so, briefly describe the campaign(s),
including their objectives and effectiveness. Please provide the
number of people reached by such awareness efforts if available. Do
these campaigns target potential trafficking victims and/or the
demand for trafficking (e.g. "clients" of prostitutes or
beneficiaries of forced labor)?
The partly Government funded NGO Ruhama launched an education
campaign during the reporting period that echoed the Government-run
poster campaign in 2006. The new posters listed Ruhama's helpline
as the contact number for secure and confidential calls and the
posters encouraged victims of human trafficking to report their
situation to the authorities. Although this program was run by
Ruhama, the police and Government officials were key in distributing
and displaying the posters in strategic areas that might be
frequented by possible trafficking victims such as airports, bus and
rail stations, ports, hospitals, pubs, nightclubs and Garda
Stations.
-- C. What is the relationship between government officials, NGOs,
other relevant organizations and other elements of civil society on
the trafficking issue?
The working relationship between Government officials and NGOs is
excellent. While NGOs would like to see more support for
trafficking victims, all the NGOs reported a good rapport between
their organizations and various Government offices, especially the
Garda. All the NGO contacts praised the creation of the new
Anti-Trafficking Unit, saying they were pleased to work with the new
DOJ office. Government officials also reported close working ties
to NGOs. Exemplifying the effectiveness of close Government/NGO
relations, Government Anti-Trafficking Unit and NGO officials
collegially participated in a productive digital video conference
dialogue with the U.S. Ambassador for Trafficking in Persons in
February 2008.
The INIS division of the DOJ works closely with the GNIB to combat
illegal immigration. To facilitate the tracking of potential
victims, the GNIB shares its immigration database with local Garda
precincts and a UK immigration official posted to the GNIB
headquarters. Cooperation and coordination with NGOs takes place
through direct contacts between the Irish Government and the
relevant NGOs.
Ireland en Route is a loose network of Government agencies, NGOs,
academics and other experts who meet three times per year to
communicate on topics such as training for police, EU and domestic
legislation, best practices and other trafficking issues. It is not
a national action plan or task force, but does facilitate the
coordination of anti-trafficking efforts.
-- D. Does the government monitor immigration and emigration
patterns for evidence of trafficking? Do law enforcement agencies
screen for potential trafficking victims along borders?
The GNIB monitors borders and immigration/emigration patterns for
evidence of trafficking. Since the GNIB is part of Ireland's law
enforcement agency, GNIB officers are able to respond appropriately
to any evidence of trafficking. GNIB officers are present at all
air and seaports within the state. An information technology system
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equipped with a passport reader and facial recognition technology
allows immigration officers at the border to link-up with a database
at GNIB headquarters in Dublin. Through this system, a range of
reports on immigration-related issues are generated on a daily basis
enabling identification of patterns, trends, and modus operandi with
regard to a wide range of immigration-related criminal activity.
Detection and investigation of potential incidents of human
trafficking is facilitated by the GNIB. Immigration officials also
take fingerprints of most visitors entering the country who have
entry visas.
Ireland has a land border with Northern Ireland that is difficult to
monitor due to numerous unmanned crossing points, which, according
to police, are popular points of entry for illegal immigrants. An
estimated 12,000 illegal movements take place at the border with
Northern Ireland every year. Immigration officers from the GNIB and
from local districts monitor certain crossing points periodically.
The published Immigration, Residence and Protection Bill will
strengthen the reporting requirements for persons entering Ireland
and carriers involved in transporting them. In an effort to monitor
the movements of unaccompanied minors, the bill will require that
all foreign national entering the country register with the GNIB.
(At present registration is required only for those over age 16.)
-- E. Is there a mechanism for coordination and communication
between various agencies, internal, international, and multilateral
on trafficking-related matters, such as a multi-agency working group
or a task force? Does the government have a trafficking in persons
working group or single point of contact? Does the government have
a public corruption task force?
During the reporting year, Ireland's multi-agency TIP Working Group
became the High Level Group on Combating Trafficking in Human
Beings. The High Level Group is staffed by Principal Officers and
co-chaired by the Director General of the Irish National Immigration
Service and the Assistant Secretary in the Department of Justice.
The new Executive Director of the Anti-Trafficking Unit is also a
member of the High Level Group. All Government efforts to combat
trafficking will be coordinated through this High Level Group.
On international and multilateral levels, Ireland engages on
trafficking issues through its participation in the EU, UN, OSCE,
and CoE. The Department of Foreign Affairs has the lead and
coordinates Ireland's participation with all relevant ministries.
The GNIB worked directly with several foreign police departments on
trafficking issues in 2007. In addition to ongoing cooperation with
the UK on Operation Pentameter II, Garda contacts said they began to
liaise with the new Lithuanian security attach to the Lithuanian
Embassy in Dublin on anti-trafficking measures due to the high
number of Lithuanian citizens in Ireland (an estimated
70,000-100,000, according to the Lithuanian Embassy in Dublin) and
the high level of fraud with Lithuanian passports.
De facto law enforcement coordination exists as a result of the
multiple functions of the GNIB. The GNIB works under the direction
of the Garda, but its immigration function is carried out on behalf
of the Minister of Justice. This ensures constant contact between
immigration policy makers, immigration police and regular police.
-- F. Does the government have a national plan of action to address
trafficking in persons? If so, which agencies were involved in
developing it? Were NGOs consulted in the process? What steps has
the government taken to disseminate the action plan?
The new Anti-Trafficking Unit within the DOJ will be responsible for
creating a national plan of action to address trafficking in
persons. According to the Executive Director, her office will work
with both NGOs and the High Level Group to establish the action
plan. She expects to have a draft plan written by summer 2008.
-- G: For all posts: As part of the new criteria added to the
TVPA's minimum standards by the 2005 TVPRA, what measures has the
government taken during the reporting period to reduce the demand
for commercial sex acts?
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As part of the G6 Initiative against Human Trafficking, Ireland is
responsible for creating and implementing the Awareness Raising
strand and co-leading the Victim Care strand of the Initiative. In
January 2008, Ireland hosted a G6 meeting to compare the success of
previous awareness raising campaigns. Ireland is designing a
proposal for a shared campaign to raise awareness and discourage
demand for services of victims of sexual exploitation that will be
rolled out in 2008 in all six G6 countries.
The Minister for Justice has proposed an amendment to the Criminal
Law (Human Trafficking) Bill 2007 that would make it illegal for
persons to purchase sexual services from known trafficking victims.
-- H. Required of Posts in EU countries and posts in Canada,
Australia, New Zealand, Japan, China, Singapore, South Korea,
Taiwan, and Hong Kong: As part of the new criteria added to the
TVPA's minimum standards by the 2005 TVPRA, what measures has the
government taken during the reporting period to reduce the
participation in international child sex tourism by nationals of the
country?
Although Irish officials do not consider international child sex
tourism to be a major problem among Irish citizens, they have
provisions under the Child Trafficking and Pornography Act to
prosecute any Irish resident for child sex tourism. This same
provision is also part of the pending Criminal Law (Human
Trafficking) Bill 2007.
-- I. Required of posts in countries that have contributed over 100
troops to international peacekeeping efforts: What measures has the
government adopted 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 or exploit
victims of such trafficking?
Ireland's military Code of Conduct for soldiers on peacekeeping
missions states that personnel deploying overseas should not exploit
the people, especially women and children, and that Defense Forces
should not use the services of prostitutes. The Department of
Defense (DOD) has several training courses that focus on human
rights. These courses include modules that address human
trafficking and sexual exploitation. All Irish troops attend these
courses in preparation for overseas peacekeeping missions. For
example, DOD's "Sexual Exploitation & Abuse" awareness program
covers what action soldiers should take if they come into direct
contact with potential trafficking victims or who have knowledge of
suspicious activity that may indicate human trafficking is taking
place in the Area of Operation or its periphery. This training also
emphasizes the prohibition of direct involvement by Irish soldiers
on peacekeeping missions in sexual exploitation and abuse
exploitation of trafficking victims. The DOD's child protection
module addresses protection of child soldiers.
¶4. (U) Point of Contact for this report is Political Officer
Jennifer Danover, office phone 353-1-630-6275, fax number
353-1-667-0056, e-mail DanoverJJ@state.gov.
¶5. (U) The number of hours spent compiling this report by embassy
employees is as follows:
Name, rank and time spent:
Ambassador Thomas C. Foley, FA-NC - 5 hours
DCM Rob Faucher, FS-01 - 8 hours
POL/ECON Chief Theodore Pierce, FS-02 - 30 hours
POL/ECON Officer Jennifer Danover, FS-04 - 120 hours
POL/ECON OMS Anne Marie Witkowski, FS-06 - 5 hours
POL/ECON Specialist, Peter Glennon, FSN-10 - 10 hours
CONS Chief Danny Toma, FS-02 - 1 hour
FOLEY