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Viewing cable 09MONTEVIDEO89, URUGUAY 2009 TRAFFICKING IN PERSONS (TIP) REPORT

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Reference ID Created Released Classification Origin
09MONTEVIDEO89 2009-02-13 16:55 2011-08-26 00:00 UNCLASSIFIED Embassy Montevideo
R 131655Z FEB 09
FM AMEMBASSY MONTEVIDEO
TO SECSTATE WASHDC 8799
UNCLAS MONTEVIDEO 000089 
 
 
DEPT FOR WHA/BSC 
 
E.O. 12958: N/A 
TAGS: KTIP ELAB KCRM KFRD KWMN PGOV PHUM PREF SMIG UY
SUBJECT: URUGUAY 2009 TRAFFICKING IN PERSONS (TIP) REPORT 
 
Ref: 2008 STATE 132759 
 
1.  SUMMARY: There is a relatively low incidence of trafficking in 
persons in Uruguay but the government is nonetheless undertaking 
robust efforts to improve public consciousness, detection, 
prosecution and protection of victims, to the extent possible with 
existing resources.  These efforts to tackle TIP include: recent 
anti-TIP legislation, new courts dedicated to combating organized 
crime, two major government-supported studies on TIP issues, 
TIP-specific training programs, and large-scale focused information 
campaigns on sexual exploitation.  International and USG-funded 
efforts have helped supplement the Uruguayans' relatively limited 
resources.  These programs have aided interdepartmental 
communication within the GOU and thus helped consolidate 
understanding of TIP as an important issue and added momentum to the 
government's anti-TIP efforts.  END SUMMARY. 
 
--------------------------------------------- ---- 
OVERVIEW OF URUGUAY'S ACTIVITIES TO ELIMINATE TIP 
--------------------------------------------- ---- 
 
2.  While official reports of trafficking are sparse, the GOU has 
nevertheless made significant efforts to develop its compliance with 
the minimum standards for the elimination of trafficking. 
Anti-trafficking legislation from January 2008 is currently being 
implemented and the Supreme Court has authorized the formation of 
two new courts to specialize in organized crime.  These courts have 
jurisdiction over organized crime in general, and specifically 
include trafficking in persons in their mission.  Efforts have also 
been made in the area of prevention.  Recent studies have both 
identified potential TIP risk factors and attempted to understand 
the scale of the problem.  Inter-departmental communication on TIP 
has been improved, with twice monthly committee meetings on the 
sexual exploitation of children being supplemented by monthly 
meetings of an inter-agency TIP committee which provides a platform 
for anti-TIP innovation.  The GOU is participating in regional 
initiatives to fight sexual exploitation in border areas and an 
education campaign concerning sexual exploitation was directed at 
the country's tourist areas.  A program to develop a rights-based 
approach to sex education is ongoing.  A lack of resources continues 
to impede existing and new programs against trafficking and 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. 
 
------------------- 
REPORTING QUESTIONS 
------------------- 
 
URUGUAY'S TIP SITUATION: 
 
A. What is (are) the source(s) of available information on 
trafficking in persons?  What plans are in place (if any) to 
undertake further documentation of human trafficking?  How reliable 
are these sources? 
 
- 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 and the Consular Affairs Office of the Ministry of 
Foreign Affairs, NGO's, IOM and Interpol all constitute sources for 
reliable information on trafficking in persons.  Most of these 
bodies express a need for more specific data on TIP.  The Department 
of Immigration is currently reorganizing the management of its 
statistics.  This new system will be more conducive to a TIP based 
analysis. 
 
The International Organization for Migrations (OIM), with the 
support of the National Institute for Children and Adolescents 
(INAU); The National Institute for Women (INAMU); the Ministry of 
the Interior; the Ministry of Public Health; the police and local 
authorities from the coastal province of Maldonado published a study 
about migration and trafficking in persons in eastern Uruguay.  The 
study, financed by the USG, specifically addressed the issue of 
documentation of TIP cases, noting that many previous crimes had 
constituted TIP, but were not addressed as such before the term was 
widely employed in the country. 
 
B. Is the country a country of origin, transit, and/or destination 
for internationally trafficked men, women, or children?  Does 
trafficking occur within the country's borders?  If so, does 
internal trafficking occur in territory outside of the government's 
control (e.g. in a civil war situation)?  To where are people 
trafficked?  For what purposes are they trafficked?  Provide, where 
possible, numbers or estimates for each group of trafficking 
victims.  Have there been any changes in the TIP situation since the 
last TIP Report (e.g. changes in destinations)? 
 
- Uruguay is a minor source country for women trafficked for the 
purpose of commercial sexual exploitation.  While reports suggest a 
small number are trafficked to Italy and Spain most are trafficked 
within the country, particularly to border and in tourist areas. 
Still, there have been no official reports of trafficking involving 
cross-border or in-country movement this year. 
 
There have been eight cases of child pornography with 10 victims 
over the reporting year, which are currently in the process of being 
prosecuted, and four cases of child prostitution with three 
victims. 
 
Although the IOM/GOU report identified several potential risk 
factors, and the GOU has found specific data regarding actual levels 
of TIP within the country difficult to generate, the overall level 
of TIP in the country is considered to be low.  There have been no 
significant changes to the TIP situation since the last report. 
INAU reports suggest that it is possible that minors are being 
prostituted in border areas.  An INAU investigation in one border 
town estimates that more than 20 cases may have occurred. 
 
C. What kind of conditions are the victims trafficked into? 
 
- The few suspected cases during the reporting period suggest 
victims were exposed to poor conditions. 
 
D.  Vulnerability to TIP: Are certain groups of persons more at risk 
of being trafficked (e.g. women and children, boys versus girls, 
certain ethnic groups, refugees, IDPs, etc.)? 
 
- Women and children, particularly girls, are frequently cited as 
being most at risk.  There is no evidence of racial or ethnic groups 
being targeted, but those from impoverished backgrounds are 
universally cited as the most vulnerable. 
 
E. Traffickers and Their Methods: 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?  For 
example, are they offered lucrative jobs, sold by their families, or 
approached by friends of friends?  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? 
 
- Officials consistently report that local and international crime 
rings that smuggle drugs and other contraband are behind most of the 
trafficking schemes in Uruguay.  Some domestic operators may be 
independent and some are family-based.  Some evidence suggests that 
a few hotel staff and taxi drivers may connect clients with 
exploiters.  There is no evidence that significant profits come from 
trafficking in persons.  Government agencies and NGOs 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.  South Americans do 
not generally need passports to travel to other South American 
countries. 
 
 
SETTING THE SCENE FOR THE GOVERNMENT'S ANTI-TIP EFFORTS: 
 
A. Does the government acknowledge that trafficking is a problem in 
the country?  If not, why not? 
 
- Nearly all GOU agencies recognize that more research and training 
is needed to understand the extent of TIP in Uruguay. Although the 
GOU believes that the incidence of trafficking across borders in 
Uruguay is low, it nevertheless recognizes that trafficking in 
adults does occur and increasingly is focusing on the risks of child 
trafficking. Government authorities and NGOs state that exploited 
minors generally do not cross Uruguay's international borders. 
 
B. Which government agencies are involved in anti- trafficking 
efforts and which agency, if any, has the lead? 
 
- The Ministry of the Interior has the lead in investigating 
TIP-related cases.  Local police forces, INTERPOL, the Department of 
Migration, and the Ministries of Health, Education, Social 
Development, and Labor and Social Welfare (including INAU) also play 
a part in anti-trafficking efforts. 
 
C.  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? 
 
- Limited government resources are the key constraint on Uruguay's 
pronounced political will to combat TIP from having greater impact. 
Judges and police outside of the capital have limited training.  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.  Despite 
increased educational spending including funds for TIP prevention 
programs, current resources could not cover the multitude of needs 
in the education system.  According to Transparency International, 
Uruguay ranks high as a country with no corruption; there is no 
evidence to suggest that lack of resources is a result of 
corruption. 
 
D. 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? 
 
- Presently, prevention, protection, prosecution, and investigation 
are tasks separated by agency and have seldom presented significant 
numbers of cases to merit systematic monitoring by the GOU. 
Following January 2008 TIP legislation, however, there is a 
developing recognition that data specific to TIP is increasingly 
important.  The Ministry of the Interior's Migrations Department is 
both currently digitizing its past records and reviewing its current 
statistics system.  This effort will better facilitate management of 
data pertinent to TIP. 
 
During this reporting year, the Ministry of Social Development 
formed an interagency committee to address TIP issues.  The 
committee meets once or twice a month and includes representatives 
from the Ministry of the Interior (the Department of Migration); 
INTERPOL; the judiciary (the judges from the new organized crime 
courts), Ministry of Foreign Affairs (Human Rights Department and 
Consular Issues Department); and INAU.  This group was formed in 
response to the IOM study, and they are working on a plan of action 
to formally respond to the study. 
 
Additionally, the INAU "Committee for the Eradication of Commercial 
and Non-commercial Sexual Exploitation of Children and Adolescents" 
(formed 2004) meets every 15 days.  In these meetings, 
representatives from INAU, the police, INTERPOL, the Ministry of the 
Interior; the Ministry of Social Development and the Ministry of 
Health discuss on going cases and prevention of all sexual abuse to 
minors including TIP. 
 
Regionally, during the reporting cycle, Uruguay was an active 
participant in the first Mercosur conference on TIP and child 
pornography June 2008.  The conference comes on the heels of a 2008 
Mercosur agreement to coordinate efforts to combat sexual 
exploitation in border areas between Uruguay, Argentina, Chile and 
Paraguay. 
 
 
INVESTIGATION AND PROSECUTION OF TRAFFICKERS: 
 
For questions A-D, posts should highlight in particular whether or 
not the country has enacted any new legislation since the last TIP 
report. 
 
A. Existing Laws against TIP: Does the country have a law or laws 
specifically prohibiting trafficking in persons - both for sexual 
exploitation and labor?  If so, please specifically cite the name of 
the law(s) and its date of enactment and provide the exact language 
[actual copies preferable] of the TIP provisions.  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).  Does the law(s) cover both internal and 
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? 
 
- In January 2008 Uruguay enacted a new immigration law containing 
articles 78, 79 and 80 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. 
 
Within the last reporting year, two special courts have been 
established by the Supreme Court, specifically to address organized 
crime.  They have country-wide jurisdiction and will hear cases on: 
trafficking in persons, sex trafficking, child prostitution and 
child pornography as well as arms trafficking, money laundering and 
financial crime. 
 
B. Punishment of Sex Trafficking Offenses: What are the prescribed 
and imposed penalties for trafficking people for sexual 
exploitation? 
 
- Penalties for violation of child pornography laws range from one 
to two years in prison.  A person convicted of pimping children 
would receive a sentence of four to 16 years.  Forced sexual 
exploitation of an adult would be prosecuted under forced labor 
statutes.  The new migration law applies the penalty of four to 
sixteen years of imprisonment to all TIP-related crimes. 
 
C. Punishment of Labor Trafficking Offenses: What are the prescribed 
and imposed penalties for trafficking for labor exploitation, such 
 
as forced or bonded labor? 
 
- Forced labor or unlawful detention carries a penalty of six 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.  The new migration law applies the penalty of four to 
sixteen years of imprisonment to all TIP related crimes. 
 
If your country is a source country for labor migrants, do the 
government's laws provide for criminal punishment -- i.e. jail time 
-- for labor recruiters who engage in recruitment of workers using 
knowingly fraudulent or deceptive offers with the purpose of 
subjecting workers to trafficking in the destination country?  If 
your country is a destination for labor migrants, are there laws 
punishing employers or labor agents who confiscate workers' 
passports or travel documents for the purpose of trafficking, 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? 
 
- Although Uruguay is neither a significant source nor a significant 
destination country for migrant workers, anybody engaged in 
fraudulent recruitment, transport, transfer or reception of forced 
labor victims, is liable for prosecution under the January 2008 
anti-TIP laws.  The penalty is between 4 and 16 years in prison. 
 
D. What are the prescribed penalties for rape or forcible sexual 
assault? (NOTE:  This is necessary to evaluate a foreign 
government's compliance with TVPA Minimum Standard 2, which reads: 
"For the knowing commission of any act of sex trafficking . . . the 
government of the country should prescribe punishment commensurate 
with that for grave crimes, such as forcible sexual assault (rape)." 
 END NOTE) 
 
- The penalties for rape or sexual assault range from one to eight 
years in prison.  Sexual assault or attempted sexual assault carries 
two to twelve years, and violence is presumed if the victim is less 
than fifteen years old. 
 
E. Law Enforcement Statistics: Did the government prosecute any 
cases against human trafficking offenders during the reporting 
period?  If so, provide numbers of investigations, prosecutions, 
convictions, and sentences imposed, including details on plea 
bargains and fines, if relevant and available.  Please note the 
number of convicted traffickers who received suspended sentences and 
the number who received only a fine as punishment.  Please indicate 
which laws were used to investigate, prosecute, convict, and 
sentence traffickers.  Also, if possible, please disaggregate 
numbers of cases by type of TIP (labor vs. commercial sexual 
exploitation) and victims (children under 18 years of age vs. 
adults).  If in a labor source country, did the government 
criminally prosecute labor recruiters who recruit workers using 
knowingly fraudulent or deceptive offers or by imposing fees or 
commissions for the purpose of subjecting the worker to debt 
bondage?  Did the government in a labor destination country 
criminally prosecute employers or labor agents who confiscate 
workers' passports/travel documents for the purpose of trafficking, 
switch contracts or terms of employment without the worker's consent 
to keep workers in a state of service, 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?  What were the actual punishments imposed on 
persons convicted of these offenses?  Are the traffickers serving 
the time sentenced?  If not, why not? 
 
- The government and the judiciary made progress in promptly 
investigating and prosecuting potential trafficking cases during the 
reporting period.  Most proceedings are currently being processed 
under legislation that pre-dates the Jan 2008 anti-TIP law.  One 
trafficking in persons case is being pursued under the 2008 anti-tip 
legislation, but at the end of the reporting cycle the case was 
still under investigation. 
 
- Following accusations from parents, three men were arrested in the 
city of Salto for the production and selling of pornography 
featuring boys under the age of 18.  They appear to have been 
operating as part of an international network and are presently 
being prosecuted for the crime of sexual assault against children or 
adolescents.  Each child was offered between $20 and $40 for the 
photographs.  The perpetrators are in prison awaiting trial. 
 
- A businessman from the city of Maldonado was arrested for the 
production of child pornography having drugged an 11-year-old girl 
and taken naked pictures of her as she slept.  It is not known if he 
sold the images.  He is in prison awaiting trial. 
 
- A woman was arrested for pimping her two daughters.  The girls are 
15 and 16, but they had been prostituted by their mother from the 
ages of 12 and 13.  The case is ongoing. 
 
- A 26-year-old woman was arrested for pimping and the sexual 
exploitation of a minor.  She had been pimping several women, one of 
whom was found to be a minor aged 16 years. 
 
- A street trader in the city of Paysandu was arrested for paying a 
12 year old girl for oral sex in public.  He was charged with paying 
or promising to pay a minor for the execution of sexual or erotic 
acts. 
 
F. 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. 
 
- Within the reporting year, the USG sent three government 
officials:  the head of the Department of Migration; a prosecutor 
attached to the new organized crime court; and a judge to a 
high-level officials International Law Enforcement Academy TIP 
Training course in Lima. The Ministry of Social Development has 
provided training on recognition and response to TIP-related crime 
to 25 consular officials (in three training cycles) who are going to 
be stationed in high risk countries.  The Department of Migrations 
has received training, sponsored by the British Government, on the 
identification of false documents and now includes these techniques 
in its "in-house" training program.  INTERPOL's Uruguayan division 
has attended two international TIP seminars.  Despite these training 
opportunities, 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. 
 
G. Does the government cooperate with other governments in the 
investigation and prosecution of trafficking cases?  If possible, 
provide the number of cooperative international investigations on 
trafficking during the reporting period. 
 
- The government cooperates with neighboring and European 
authorities on international trafficking cases.  Direct cooperation 
among regional immigration services took place during the year, and 
the Government actively participates in regional dialogue sponsored 
by IOM, but there are no known regional investigations.  In November 
of 2008, Uruguay signed a Mercosur agreement designed to coordinate 
efforts to combat sexual exploitation in border areas between 
Uruguay, Argentina, Chile and Paraguay.  Uruguay is especially 
interested in three towns situated close to the border with Brazil. 
The regional plan is set to commence on February 15, 2009 with 
financial support from the Inter-American Bank.  The INAU "Committee 
for the Eradication of Commercial and Non-commercial Sexual 
Exploitation of Children and Adolescents" regularly communicates 
with its equivalent bodies in neighboring countries. 
 
H. Does the government extradite persons who are charged with 
trafficking in other countries?  If so, please provide the number of 
traffickers extradited during the reporting period, and the number 
of trafficking extraditions pending.  In particular, please report 
on any pending or concluded extraditions of trafficking offenders to 
the United States. 
 
- In general, Uruguay freely cooperates with extradition requests as 
long as the prisoner is not political and capital punishment is not 
a possibility.  We are aware of no TIP-related extradition requests 
during the reporting period. 
 
I. Is there evidence of government involvement in or tolerance of 
trafficking, on a local or institutional level?  If so, please 
explain in detail. 
 
- There are no cases of government involvement in trafficking. 
There is one case in which an immigration official in an overseas 
consulate had allegedly taken bribes in order to facilitate the 
processing of illegal business visas, but this case is still under 
investigation and has not resulted in a trafficking in persons case. 
 
J. 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, or were given a fine, fired, or reassigned to another 
position within the government as punishment.  Please indicate the 
number of convicted officials that received suspended sentences or 
received only a fine as punishment. 
 
- Currently an immigration official is under investigation for 
allegedly taking bribes in order to facilitate the processing of 
illegal business visas which may have facilitated trafficking. 
 
K. Is prostitution legalized or decriminalized?  Specifically, are 
the activities of the prostitutes 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 countries with federalist systems, prostitution laws 
may be under state or local jurisdiction and may differ among 
jurisdictions. 
 
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.  Pimping is illegal, and 
sentences are higher when the cases involve minors.  The law is 
enforced regularly.  The new migration law applies the penalty of 
four to sixteen years of imprisonment to all TIP-related crimes. 
 
L. 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 engaged in or facilitated severe forms 
of trafficking or who exploited victims of such trafficking. 
 
- No Uruguayan members of peacekeeping missions have been accused of 
TIP.  In past years all cases of sexual abuse have been vigorously 
investigated, prosecuted, convicted and sentenced by national or 
military courts. 
 
M. If the country has an identified problem of child sex tourists 
coming to the country, what are the countries of origin for sex 
tourists?  How many foreign pedophiles did the government prosecute 
or deport/extradite to their country of origin?  If your host 
country's nationals are perpetrators of child sex tourism, do the 
country's child sexual abuse laws have extraterritorial coverage 
(similar to the U.S. PROTECT Act) to allow the prosecution of 
suspected sex tourists for crimes committed abroad?  If so, how many 
of the country's nationals were prosecuted and/or convicted during 
the reporting period under the extraterritorial provision(s) for 
traveling to other countries to engage in child sex tourism? 
 
- Child sex tourism is not a major problem in Uruguay.  Although 
some reports suggest some sexual tourists arrive from Brazil, as 
yet, 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. 
 
 
PROTECTION AND ASSISTANCE TO VICTIMS: 
 
A.  What kind of protection is the government able under existing 
law to provide for victims and witnesses?  Does it provide these 
protections in practice? 
 
- 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 January 2008 migration law makes 
specific reference to those reporting TIP crimes, the witnesses to 
such crimes and the victims and offers them the same protection 
afforded to accusers, victims, witnesses and their families under 
law number 18.026 "Cooperation with the international criminal court 
in the subject of the struggle against genocide, war crimes and 
human abuse."  Article 13 of this law provides that, should a judge 
deem it necessary, the state will provide security, and support 
physical and social well-being.  In practice, however, this doesn't 
amount to much aside from possible police vigilance during the case. 
 As no cases have yet reached a conclusion under the January 2008 
Migration law, these provisions have not been tested.  Several GOU 
officials, INTERPOL and NGO professionals have highlighted victim 
and witness protection as a weak area that needs to be substantially 
strengthened.  Any witness/victim protection program, however, faces 
the challenge presented by limited resources. 
 
B.  Does the country have victim care facilities (shelters or 
drop-in centers) which are accessible to trafficking victims?  Do 
foreign victims have the same access to care as domestic trafficking 
victims?  Where are child victims placed (e.g., in shelters, foster 
care, or juvenile justice detention centers)?  Does the country have 
specialized care for adults in addition to children?  Does the 
country have specialized care for male victims as well as female? 
Does the country have specialized facilities dedicated to helping 
victims of trafficking?  Are these facilities operated by the 
government or by NGOs?  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. 
 
- The government provides technical assistance to NGOs working in 
the area of protection of victims of trafficking.  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, hence no record of assisting trafficking 
victims exists.  Courts refer victimized minors to the child welfare 
agency, INAU, for processing, assistance, and possible reunification 
with their families.  INAU shelters were available to children who 
were victimized by their families. 
 
Adult victims of trafficking have the right to refer themselves to 
GOU services, and standard procedure requires police to refer 
victims to government and/or NGO shelters.  Victims are entitled to 
free medical and psychological care.  There is no specialized care 
for men. 
 
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.  The funding for 
these services is provided by IOM. 
 
C.  Does the government provide trafficking victims with access to 
legal, medical and psychological services?  If so, please specify 
the kind of assistance provided. 
 
To overcome the challenge of services to rural areas, the Department 
of Social Development has assembled a mobile, legal, medical and 
psychological team to respond specifically to the needs of TIP 
victims. 
 
Does the government provide funding or other forms of support to 
foreign or domestic NGOs and/or international organizations for 
providing these services to trafficking victims?  Please explain and 
provide any funding amounts in U.S. dollar equivalent.  If 
assistance provided was in-kind, please specify exact assistance. 
Please specify if funding for assistance comes from a federal budget 
or from regional or local governments. 
 
- The Department of Social Development is in regular and close 
contact with NGOs working in the field, but most TIP-specific 
funding comes from international donors.  The Ministry of Social 
Development and INAU funds women's and children's shelters that are 
available to TIP victims.  Additionally, the Ministry of Social 
Development supported the local NGO Casa Abierta to publish and hand 
out information leaflets on TIP to sex workers while undergoing 
mandatory medical checkups. 
 
D. Does the government assist foreign trafficking victims, for 
example, by providing temporary to permanent residency status, or 
other relief from deportation?  If so, please explain. 
 
- While the GOU would, in theory, care for foreign victims of TIP, 
no confirmed cases of such victims have ever been recorded. 
 
E. Does the government provide longer-term shelter or housing 
benefits to victims or other resources to aid the victims in 
rebuilding their lives? 
 
- TIP victims are eligible for the same benefits as victims of 
domestic violence.  Some with job-training programs exist, and 
housing assistance may be awarded based on income level. 
 
F. Does the government have 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 (either government or NGO-run)? 
 
- Government and non-government entities report a high level of 
cooperation.  Although there is no formal referral process, good 
interagency communication facilitates easy access to victim 
assistance. 
 
G. What is the total number of trafficking victims identified during 
the reporting period?  Of these, how many victims were referred to 
care facilities for assistance by law enforcement authorities during 
the reporting period?  By social services officials?  What is the 
number of victims assisted by government-funded assistance programs 
and those not funded by the government during the reporting period? 
 
- 14 trafficking victims have been identified during the reporting 
period, all from child pornography or child prostitution cases. 
Care facilities were offered to all victims, but most families opted 
to forego public assistance and pay for private care.  It is 
difficult to obtain data in this area because of regulations to 
protect victims. 
 
H. 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)?  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 GOU does not have a formal system of identifying victims of 
trafficking among high-risk persons they come into contact but the 
Ministry of Social Development has provided, and continues to 
provide, training on recognition and response to TIP related crime 
to officials who may confront TIP situations, including consular 
officials, police, and judiciary system officials. 
 
During this reporting year, the Ministry of Social Development 
formed an interagency committee to deal with TIP issues.  The 
committee meets once or twice a month and includes representatives 
from the Ministry of the Interior (the Department of Migration); 
INTERPOL; the judiciary (judges from the organized crime courts); 
Ministry of Foreign Affairs (Human Rights and Consular Affairs 
Departments); and INAU.  Additionally, The INAU "Committee for the 
Eradication of Commercial and Non-commercial Sexual Exploitation of 
Children and Adolescents" meets every 15 days.  In these meetings 
representatives from INAU, the police, INTERPOL, the Ministry of the 
Interior, the Ministry of Social Development, and the Ministry of 
Health discuss ongoing cases and the prevention of all sexual abuse 
to minors including TIP. 
 
I. Are the rights of victims respected?  Are trafficking victims 
detained or jailed?  If so, for how long?  Are victims fined?  Are 
victims prosecuted for violations of other laws, such as those 
governing immigration or prostitution? 
 
- Victims' rights are generally respected, and there were no reports 
of victims being jailed, deported, or otherwise penalized in the 
reporting period. 
 
J. 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? 
 
- 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.  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. 
 
January's anti TIP legislation (article 80) in reference to 
accusers, victims, witnesses and their families cites law number 
18.026:  "Cooperation with the International Criminal Court in the 
subject of the struggle against genocide, war crimes and human 
abuse".  Article 14 of this law provides for financial compensation 
for victims. 
 
K. 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?  What 
is the number of trafficking victims assisted by the host country's 
embassies or consulates abroad during the reporting period?  Please 
explain the type of assistance provided (travel documents, referrals 
to assistance, payment for transportation home). 
 
- The Department of Social Development has provided training on 
recognition and response to TIP related crime to 25 consular 
officials (in three training cycles) who are to be stationed in high 
risk countries.  Additionally the Department of Social Development 
organized meetings with Uruguayan Ambassador to Italy to discuss TIP 
issues.  Although there have been no cases in this reporting year, 
the Uruguayan consulate has, on previous occasions, sent staff 
abroad to care for victims, ensure their well-being and accompany 
them safely home. 
 
L. Does the government provide assistance, such as medical aid, 
shelter, or financial help, to its nationals who are repatriated as 
victims of trafficking? 
 
- Housing and medical services are available, in theory, to all 
Uruguayan citizens in need.  In practice, these provisions are 
largely inadequate for victims of TIP who often are obliged to rely 
on family support. 
 
M. 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? 
 
- The government, NGOs and international organizations work together 
to prevent, investigate, and apprehend traffickers.  The NGOs 
dealing in TIP do so as part of other issues such as women, 
children, or family issues, and NGOs in Uruguay are generally weak. 
IOM, El Faro, SOMOS, Arco Iris, Andenes, Claves - Juventud Para 
Cristo, Casa Abierta, 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. 
 
 
PREVENTION: 
 
A. Did the government conduct anti-trafficking information or 
education campaigns 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)? 
 
- Government efforts to raise public awareness, particularly among 
groups most vulnerable to trafficking, increased during the 
reporting period.  Following the publication of its report on sexual 
exploitation in tourist areas, INAU embarked upon a large-scale 
information campaign to raise awareness of the issue, particularly 
the prostitution of minors.  Some 50,000 leaflets and 5,000 posters 
have been distributed by youth activists.  Concentrating their 
efforts on tourist areas, INAU also spoke in schools and in hotels. 
Although there is no official data to measure the effectiveness of 
the campaign, feedback has been very positive.  For example, hotel 
staff are reportedly more conscious of the possible implications of 
minors entering hotels with adults who are non-family members. 
 
The Ministry of Education maintained and expanded its rights-based 
sex education curriculum which includes anti-trafficking segments. 
The Ministry of Social Development produced pamphlets to warn sex 
workers of common TIP scams to be distributed at mandatory medical 
checkups. 
 
The child welfare authorities (INAU) use public service 
announcements to advertise their Blue Line hotline program to report 
abuse/exploitation.  Neither the coverage nor the effectiveness of 
Blue Line announcements has been measured. 
 
B. Does the government monitor immigration and emigration patterns 
for evidence of trafficking? 
 
- The Department of Migration is currently reorganizing the 
management of its statistics, both by digitizing its past records 
and reviewing its current statistics system.  This will facilitate 
both management and analysis of data pertinent to TIP. 
 
C. 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? 
 
- Although more could be done, interagency communication on TIP 
issues has been greatly enhanced by the formation of an interagency 
TIP committee by the Ministry of Social Development.  The committee 
meets once or twice a month and includes representatives from the 
Ministry of the Interior (the Department of Migration); INTERPOL; 
the judiciary (judges from the organized crime courts); Ministry of 
Foreign Affairs (Human Rights and Consular Affairs Departments); and 
INAU.  Additionally, the INAU "Committee for the Eradication of 
Commercial and Non-commercial Sexual Exploitation of Children and 
Adolescents" meets every 15 days.  In these meetings representatives 
from INAU, the police, INTERPOL, the Ministry of the Interior, the 
Ministry of Social Development, and the Ministry of Health discuss 
ongoing cases and the prevention of all sexual abuse to minors 
including TIP. 
 
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. 
 
D. Does the government have a national plan of action to address 
trafficking in persons?  If the plan was developed during the 
reporting period, which agencies were involved in developing it? 
Were NGOs consulted in the process?  What steps has the government 
taken to implement the action plan? 
 
- The interagency TIP committee, formed by the Ministry of Social 
Development, is working towards the creation of a more formal, 
coordinated plan of action.  The committee works closely with 
relevant NGOs.  The GOU is a full participant in Mercosur regional 
action plan to combat sexual exploitation in border areas.  The plan 
is to commence on February 15th 2009. 
 
E: What measures has the government taken during the reporting 
period to reduce the demand for commercial sex acts? 
 
- During this reporting period, following the publication of its 
report on sexual exploitation in tourist areas, INAU embarked upon a 
large scale information campaign to raise awareness of the issue, 
particularly the prostitution of minors.  Some 50,000 leaflets and 
5,000 posters have been distributed by youth activists. 
Concentrating their efforts on tourist areas, the INAU also spoke in 
schools and in hotels.  Although there is no official data to 
measure the effectiveness of the campaign- feedback has been very 
positive, for example, hotel staff is reportedly more conscious of 
the possible implications of minors entering hotels with adults who 
are non-family members. 
 
F. Required of all Posts: What measures has the government taken 
during the reporting period to reduce the participation in 
international child sex tourism by nationals of the country? 
 
- INAU believes its information campaign concerning sexual 
exploitation may have impact on nationals participating in sex 
tourism abroad. 
 
G. 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?  If posts do not provide an answer to 
this question, the Department may consider including a statement in 
the country assessment to the effect that "An assessment regarding 
Country X's efforts to ensure that its troops deployed abroad for 
international peacekeeping missions do not engage in or facilitate 
trafficking or exploit trafficking victims was unavailable for this 
reporting period." 
 
- As part of the training for all peacekeepers that are going 
abroad, there is extensive training including on sexual abuses of 
which specific modules on TIP are included.  The training is based 
on UN requirements and regulations and includes identifying TIP 
crimes and emphasizing the obligation of peacekeeping troops to 
protect civilians.  Soldiers are required to either prevent or 
denounce the crime. 
 
In 2004 some sex abuse cases followed the UN's redefinition of 
sexual abuse.  There were 30 accusations of which there were 
approximately 10 valid cases.  These cases were primarily dealt with 
in civil courts.  Military courts are used for offenses specific to 
military law.  Since then there have been very few sex abuse cases, 
and no TIP cases.  Uruguay now has a Zero Tolerance policy for any 
sexual activity in the field due to the high risk involved.  Uruguay 
has shortened the assignments to 6 months, in part to make this 
policy less of a hardship.  Uruguay's peacekeeping missions have a 
legal attache that counsels, defends, and/or accuses the Uruguayan 
officers. 
 
In September 2008, 67 Uruguayan peacekeepers attended the Defense 
Institute of International Legal Studies course on Border Security 
and Legal Aspects of Combating Terrorism.  15 Uruguayans were 
trained to teach the course, have led courses in Guatemala, and plan 
to teach more regionally.