VZCZCXYZ0000
PP RUEHWEB

DE RUEHMN #0132/01 0701453
ZNR UUUUU ZZH
P 101453Z MAR 08
FM AMEMBASSY MONTEVIDEO
TO RUEHC/SECSTATE WASHDC PRIORITY 8015
INFO RUCNMER/MERCOSUR COLLECTIVE PRIORITY
RUEATRS/DEPT OF TREASURY WASHDC PRIORITY
RUEAHLC/HOMELAND SECURITY CENTER WASHINGTON DC PRIORITY
RUEAWJB/DEPT OF JUSTICE WASHDC PRIORITY
RUEHC/DEPT OF LABOR WASHDC PRIORITY

UNCLAS MONTEVIDEO 000132 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
DEPARTMENT FOR G/TIP (MTAYLOR) 
DEPARTMENT PASS TO USAID 
DEPARTMENT ALSO FOR G, INL, DRL, PRM AND WHA/PPC 
 
E.O. 12958: N/A 
TAGS: KCRM PHUM KWMN SMIG ASEC PREF ELAB UY
SUBJECT: TRAFFICKING IN PERSONS REPORT - URUGUAY 2008 
 
REF: A. A. MONTEVIDEO 92 
 
     ¶B. B. STATE 02731 
 
¶1. (SBU) SUMMARY:  The Government of Uruguay made robust 
efforts to combat trafficking in persons, but still needs 
help in strengthening its enforcement capabilities.  A lack 
of resources continues to impede existing and new programs 
against trafficking, but international and USG-funded efforts 
have met some of these shortfalls.  In January 2008 Uruguay 
promulgated a new immigration law that addresses many 
trafficking-related crimes that relate to commercial sexual 
exploitation of children, fraud and slavery. 
Anti-trafficking efforts by a wide range of GOU ministries 
and agencies, together with some assistance from NGOs, in 
prevention, investigation and prosecution of traffickers 
yielded significant results during the period.  Protection 
and assistance programs increased slightly despite a general 
lack of government resources. Post submitted an IOM proposal 
for G/TIP funding in February 2008 (Ref A).  The proposal 
would have a significant positive impact on combating 
trafficking in Uruguay and the region, 
and Post appreciates the Department's continued support.  End 
Summary. 
 
--------------------------------------------- -------- 
¶2.  OVERVIEW OF COUNTRY'S ACTIVITIES TO ELIMINATE TIP 
--------------------------------------------- -------- 
 
¶A. (SBU) Uruguay is principally a source country for women 
trafficked within the country, particularly to border and 
tourist areas, for the purpose of commercial sexual 
exploitation.  Reports also indicated that some poor parents 
turned their children over for forced domestic or 
agricultural labor in rural areas. 
 
¶B. (SBU) The Government of Uruguay made significant efforts 
to comply with the minimum standards for elimination of 
trafficking by enacting new anti-trafficking laws (articles 
77, 78, and 79) during the reporting year.  While official 
reports of trafficking are few, the government has 
strengthened programs to educate and warn potential victims 
and their families. The government should increase efforts to 
train government personnel throughout the country to identify 
and investigate potential trafficking situations, and provide 
greater assistance to victims. 
 
¶C. (SBU) The Ministries of the Interior, Health, Education, 
Labor, Social Welfare Social Development and the National 
Institute for Minors and Adolescents (INAU), the Human Rights 
office within the Bureau of Political Affairs of the Ministry 
of Foreign Affairs, the provincial Mayors (Intendentes), 
prominent members of the business community, Congressmen and 
NGOs are involved in anti-trafficking efforts. 
 
¶D. (SBU) A lack of resources continues to impede existing and 
new programs against trafficking, but international and 
USG-funded efforts have met some of these shortfalls. 
 
¶E. (SBU) Prevention, protection, prosecution, and 
investigation continue to be tasks separated by agency and 
seldom present significant numbers of cases to merit 
systematic monitoring by the GOU. 
 
--------------------------------------------- -- 
¶3. INVESTIGATION AND PROSECUTION OF TRAFFICKERS 
--------------------------------------------- -- 
 
¶A. (SBU) Uruguay prohibits some forms of trafficking pursuant 
to 2008 and 2004 anti-trafficking laws and a series of older 
statues, which provide a range of penalties from 6 months to 
fourteen years in prison.  However, in January 2008 Uruguay 
enacted a new immigration law containing articles 77, 78 and 
79 which address most trafficking-related crimes that fall 
under commercial sexual exploitation of children, fraud and 
slavery.  The law clarifies penalties against recruitment, 
transport, transference, housing or receipt of persons for 
forced work or labor, slavery or similar practices, 
servitude, sexual exploitation, removal and extraction of 
organs or any other activity which undermines human dignity. 
These articles supplemented previous laws against forced 
labor, sexual assault, and unlawful detention which could 
also be used against traffickers.  Taken together, these laws 
adequately cover trafficking within Uruguay. 
The government made limited progress in investigating and 
prosecuting trafficking cases during the reporting period. 
The government cooperates with neighboring and European 
authorities on international trafficking cases. There is no 
evidence of official facilitation on human trafficking. 
 
¶B. (SBU) Penalties for violation of child pornography laws 
range from 1 to 2 years in prison.  A person convicted of 
pimping children would receive a sentence of 4 to sixteen 
years.  Forced sexual exploitation of an adult would be 
prosecuted under forced labor statutes. 
 
¶C. (SBU) Forced labor or unlawful detention carries a penalty 
of 6 to twelve years in prison.  Detention of the victim for 
more than 10 days or if the victim is less than fifteen years 
old are considered aggravating circumstances which can push 
the penalty toward the maximum. 
 
¶D. (SBU) The penalty for rape is similar to that for forced 
labor or unlawful detention before aggravating circumstances 
are applied.  Penalties for rape or sexual assault range from 
1 to 8 years in prison.  Sexual assault or attempted sexual 
assault carries 2-twelve years, and violence is presumed if 
the victim is less than fifteen years old. 
 
¶E. (SBU) Prostitution is legal.  Brothels, discos, shows, and 
massage parlors are inspected to ensure that minors are not 
working there.  The minimum age for the activity is 18. 
 
¶F. (SBU) Police officials consistently report that local and 
international crime rings who smuggle drugs and other 
contraband are behind most of the trafficking schemes in 
Uruguay.  Independent operators may also exploit women and 
children.  Some evidence suggests that a few hotel staff and 
taxi drivers may connect clients with exploiters.  Those who 
exploit children for labor tend to be relatives or 
acquaintances of the parents.  There is no evidence that 
significant profits come from trafficking in persons. 
Exploiters who have been arrested seem to have gained only 
enough money to supplement their own income with no 
additional capital to create networks of other agents acting 
on their behalf.  No evidence links government agents to 
traffickers. 
 
¶G. (SBU) The GOU disseminates information and trains its 
police forces to understand new legislation including the 
2008 immigration law, but these efforts are weakly felt 
outside the capital.  NGO contacts state that police and 
judges in the provinces are often unfamiliar with new 
procedures or legislation.  Law enforcement officials regret 
this gap and attribute it to a lack of funds for 
transportation and staff training. 
 
¶H. (SBU) Uruguayan authorities cooperated with U.S. 
authorities to extradite an American citizen fugitive from 
justice on charges of pedophilia in March 2007.  We are aware 
of no other TIP-related extradition requests during the 
reporting period.  In general, Uruguay freely cooperates with 
extradition requests as long as the death penalty is not an 
option. 
 
¶I. (SBU) The Government works closely with other governments 
in examining the extent of labor recruiting which takes place 
in Uruguay.  Direct cooperation among regional immigration 
services took place during the year, and the Government 
actively participates in regional dialogue sponsored by IOM 
and the Department. 
 
¶J. (SBU) There is no evidence of government involvement in or 
tolerance of trafficking. 
 
¶K. (SBU) No evidence links government agents to traffickers. 
 
¶L. (SBU) Uruguay contributes troops to international 
peacekeeping efforts and currently there is no public 
evidence as to what the government does to investigate, 
prosecute and convict nationals of their country deployed 
abroad as part of peacekeeping missions who engage in or 
facilitate severe forms of trafficking or who exploit victims 
of such trafficking. 
 
In October 2007, the U.S. Department of Defense sent a legal 
team to Uruguay to teach a week long course in Human Rights 
related to PKO missions.  More than 60 Uruguayan officers, 
non-commissioned officers and department of defense personnel 
attended this training. 
 
¶M. (SBU) Tourists travel to Uruguay from the region, Europe, 
and the United States, but no cases link specific tourists to 
sexual exploitation.  There is no evidence that Uruguayans 
travel abroad for sex tourism, but no study has been 
conducted.  Uruguay's legislation against sex with, pimping 
of, or lewd acts upon children does not have extraterritorial 
coverage. 
 
--------------------------------------- 
¶4. PROTECTION AND ASSISTANCE TO VICTIMS 
--------------------------------------- 
 
¶A. (SBU) The GOU continued to lack the capacity to assist all 
possible trafficking victims during the reporting year.  The 
government provided technical assistance to NGOs working in 
the area of trafficking, but the availability of services 
remained uneven across the country.  Uruguayan law provides 
legal alternatives to the removal of foreign victims to 
countries where they face hardship or retribution.  The GOU 
attempts to provide access to legal, medical and 
psychological care for victims of trafficking; however, not 
all services are available throughout the country and as a 
result, some victims were unable to benefit from the services 
offered.  Government and NGO shelters for assistance to 
female victims of abuse operated in the capital but could not 
accommodate the demand for shelter.  GOU facilities are 
mandated to assist trafficking victims but do not record the 
reason assistance was granted. 
 
¶B. (SBU) The GOU provided some assistance to NGOs working in 
the area of trafficking and regularly consulted with these 
organizations.  The assistance included grants to assist 
specific groups of women or children in need. 
 
¶C. (SBU) Courts refer victimized minors to INAU for 
processing, assistance, and possible reunification with their 
families.  Police have not uncovered victimized adults in 
need of shelter.  Adult victims of trafficking have the right 
to refer themselves to GOU services, and standard procedure 
requires police in the capital to refer victims to government 
and/or NGO shelters. 
 
¶D. (SBU) The GOU does not have a formal system of identifying 
victims of trafficking among high-risk persons they come into 
contact with. 
 
¶E. (SBU) The GOU does not provide specialized training for 
government officials to recognize trafficking or to provide 
assistance to victims.  The GOU is aware that its citizens 
have been trafficked to Europe in the past, and embassy and 
consulate staffs overseas remain vigilant of such activity, 
but they have no mechanism to screen for trafficking victims. 
 
¶F. (SBU) Victims' rights are generally respected, and there 
were no reports of victims being jailed, deported, or 
otherwise penalized. 
 
¶G. (SBU) The GOU encourages but does not force victims to 
assist in the investigation and prosecution of trafficking. 
There are no obstructions to victims who seek to press 
charges against their exploiters or pursue civil action, but 
there is no victim restitution program.  In some criminal 
cases, Uruguayan citizens are not permitted to leave the 
country, but there is no precedent of such prohibition in a 
trafficking case. Protection measures for victims and 
witnesses were established in INAU's action plan against 
trafficking.  Victims and witnesses are protected by statute, 
and the GOU holds the names of victims anonymous.  Witness 
statements are usually presented in written form, and as 
such, anonymity is more tightly controlled.  The GOU provides 
shelter to victims of domestic abuse, and trafficking victims 
would be directed to these same shelters.  Victims are 
entitled to free medical and psychological care.  Child 
victims are referred to INAU, and if needed, they are cared 
for in group homes or dormitory-style facilities. 
 
¶H. (SBU) Housing and medical services are available, in 
theory, to all Uruguayan citizens upon return to Uruguay.  In 
practice, the families of victims have cared for them after 
their return from overseas. 
¶I. (SBU) The GOU does not provide specialized training for 
government officials to recognize trafficking or to provide 
assistance to victims.  The GOU is aware that its citizens 
have been trafficked to Europe in the past, and embassy and 
consulate staffs overseas remain vigilant of such activity, 
but they have no mechanism to screen for trafficking victims. 
 
El Faro, SOMOS, Arco Iris, Andenes, Claves - Juventud Para 
Cristo, and BICE (Catholic technical assistance) are NGOs 
that work with trafficking victims.  Some NGOs offer 
treatment for victims of abuse and trafficking and others 
provide shelter, food or education.  Assistance to victims of 
labor and sexual exploitation of minors is available through 
INAU and NGOs.  Extensive assistance is not available to 
adult or child victims due to lack of resources. 
 
¶J. (SBU) Housing and medical services are available, in 
theory, to all Uruguayan citizens upon return to Uruguay.  In 
practice, the families of victims have cared for them after 
returning from overseas. 
 
¶K.  International Organization for Migration (IOM) works with 
trafficking victims in Uruguay. IOM provides trafficking 
victims basic monetary help, psychological and legal support 
upon arrival if needed. They assist victims in contacting the 
National Institute for Women's Affairs and the Public Health 
Ministry. 
 
IOM did not receive any funding from the GOU for victim 
assistance during the reporting period. 
 
-------------- 
¶5.  PREVENTION 
-------------- 
 
¶A. (SBU) The GOU believes that the incidence of trafficking 
across borders in Uruguay is low.  The Government of Uruguay 
recognizes that trafficking in adults is a problem and is 
beginning to focus on the risks of child trafficking. 
Government authorities and NGOs believe that exploited minors 
generally do not cross Uruguay's international borders.  They 
also agree that sexually exploited women in Uruguay are 
usually Uruguayans or crossed the border on their own valid 
travel documents and had first contact with their exploiters 
while in Uruguay.  Uruguayan citizens do not need passports 
for travel to Argentina, Chile, Paraguay or Brazil.  Despite 
police efforts, there is no evidence that traffickers 
facilitated entry into Uruguay for sexual exploitation, and 
the only confirmed cases of trafficking from Uruguay are more 
than seven years old. 
 
¶B. (SBU) Government efforts to raise public awareness, 
particularly among groups most vulnerable to trafficking, 
remained steady during the reporting period.  The Ministry of 
Education maintained its program of including 
anti-trafficking segments in its sex education curriculum. 
The GOU relies on NGOs and other funding sources for 
additional anti-trafficking prevention efforts. 
 
¶C. (SBU) The government, NGOs and international organizations 
freely assist one another to prevent, investigate, and 
apprehend traffickers.  The few NGOs dealing in TIP do so as 
part of other issues such as women, children, or family 
issues, and NGOs overall in Uruguay remain weak.  However, 
the GOU actively participates in training opportunities and 
regularly consults with international organizations such as 
IOM to address the issue.  The government places a tremendous 
emphasis on human rights, child protection and assistance, 
economic empowerment, all of which potentially include 
anti-trafficking activities. 
 
¶D. (SBU) Government agencies suffer from resource shortages 
which prevent Uruguay's political will to combat TIP from 
having a greater impact.  Judges and police outside of the 
capital have little training, and law enforcement agencies 
have no budgets for investigative studies.  Social service 
agencies cannot fully comply with many of their legislated 
mandates, including complete victim assistance.  And despite 
increased educational spending including funds for TIP 
prevention programs, current resources could not cover the 
multitude of needs in the education system. 
 
¶E. (SBU) The Ministry of the Interior has the lead in 
investigating TIP-related cases.  Local police forces, 
INTERPOL, immigration, and the Ministries of Health, 
Education, Social Development, and Labor and Social Welfare 
(including INAU) also play a part in anti-trafficking efforts. 
 
¶F. (SBU) Prevention, protection, prosecution, and 
investigation continue to be tasks separated by agency and 
seldom present significant numbers of cases to merit 
systematic coordination.  Consistent lack of interagency 
communication remains a problem.   The GOU actively 
participates in international training when available. 
Uruguay benefited greatly from international meetings and has 
effectively used these opportunities to frankly address TIP 
issues among different agencies and with neighboring 
governments. 
 
¶G. (SBU) The child welfare authorities (INAU) broadcasts 
information on their Blue Line hotline program to report 
abuse/exploitation.  Neither the coverage nor the 
effectiveness of Blue Line broadcasts has been measured.  Sex 
education curriculum at all levels continues to contain 
anti-TIP components.  All prevention programs effectively 
focus on potential victims.  "Clients" of sexual exploitation 
continue to be investigated and prosecuted by local police 
and the Ministry of the Interior. 
 
¶H. (SBU) Not applicable to Uruguay. 
 
¶I. (SBU) Uruguay does contribute troops to international 
peacekeeping efforts and currently there is no public 
information as to what the government does to investigate, 
prosecute and convict nationals of their country deployed 
abroad as part of peacekeeping missions who engage in or 
facilitate severe forms of trafficking or who exploit victims 
of such trafficking. 
 
----------------- 
CONTACT AND HOURS 
----------------- 
 
¶6. (SBU) Embassy Montevideo's POC on TIP issues until July 15 
is Celine Combs.  After July 15, Erin Markley will follow 
this issue.  Both may be reached at:  telephone (011-598-2) 
411-5182 ext. 2321; fax, (011-598-2) 418-8581. 
 
¶7. (SBU) FSN Graciela Rey spent 20 hours, FS-6 Celine Combs 
spent ten hours, FS-3 David Edginton spent ten hours and FS-3 
Jack Doutrich spent four hours in preparation of this report. 
 
 
Baxter