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Viewing cable 09STATE60618, ECUADOR -- 2009 TIP REPORT: PRESS GUIDANCE AND

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Reference ID Created Released Classification Origin
09STATE60618 2009-06-12 00:36 2011-05-02 00:00 UNCLASSIFIED Secretary of State
VZCZCXYZ0000
OO RUEHWEB

DE RUEHC #0618 1630102
ZNR UUUUU ZZH
O 120036Z JUN 09
FM SECSTATE WASHDC
TO AMEMBASSY QUITO IMMEDIATE 0000
UNCLAS STATE 060618 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: KTIP ELAB KCRM KPAO KWMN PGOV PHUM PREL SMIG EC
SUBJECT: ECUADOR -- 2009 TIP REPORT: PRESS GUIDANCE AND 
DEMARCHE 
 
REF: A. STATE 59732 
     B. STATE 005577 
 
1. This is an action cable; see paras 5 through 7 and 10. 
 
2. On June 16, 2009, at 10:00 a.m. EDT, the Secretary will 
release the 2009 Trafficking in Persons (TIP) Report at a 
press conference in the Department's press briefing room. 
This release will receive substantial coverage in domestic 
and foreign news outlets.  Until the time of the Secretary's 
June 16 press conference, any public release of the Report or 
country narratives contained therein is prohibited. 
 
3. The Department is hereby providing Post with advance press 
guidance to be used on June 16 or thereafter.  Also provided 
is demarche language to be used in informing the Government 
of Ecuador of its tier ranking and the TIP Report's imminent 
release.  The text of the TIP Report country narrative is 
provided, both for use in informing the Government of Ecuador 
and in any local media release by Post's public affairs 
section on June 16 or thereafter.  Drawing on information 
provided below in paras 8 and 9, Post may provide the host 
government with the text of the TIP Report narrative no 
earlier than 1200 noon local time Monday June 15 for WHA, AF, 
EUR, and NEA countries and OOB local time Tuesday June 16 for 
SCA and EAP posts.  Please note, however, that any public 
release of the Report's information should not/not precede 
the Secretary's release at 10:00 am EDT on June 16. 
 
4. The entire TIP Report will be available on-line at shortly 
after the Secretary's June 16 release.  Hard copies of the 
Report will be pouched to posts in all countries appearing on 
the Report.  The Secretary's statement at the June 16 press 
event, and the statement of and fielding of media questions 
by G/TIP,s Director and Senior Advisor to the Secretary, 
Ambassador-at-Large Luis CdeBaca, will be available on the 
Department's website shortly after the June 16 event. 
Ambassador de Baca will also hold a general briefing for 
officials of foreign embassies in Washington DC on June 17 at 
3:30 pm EDT. 
 
5. Action Request: No earlier than OOB local time Monday June 
15 for WHA, AF, EUR, and NEA posts and OOB local time on 
Tuesday June 16 for SCA and EAP posts, please inform the 
appropriate official in the Government of Ecuador of the June 
16 release of the 2009 TIP Report, drawing on the points in 
para 9 (at Post's discretion) and including the text of the 
country narrative provided in para 8.  For countries where 
the State Department has lowered the tier ranking, it is 
particularly important to advise governments prior to the 
Report being released in Washington on June 16. 
 
6. Action Request continued:  Please note that, for those 
countries which will not receive an "action plan" with 
specific recommendations for improvement, posts should draw 
host governments' attention to the areas for improvement 
identified in the 2009 Report, especially highlighted in the 
"Recommendations" section of the second paragraph of the 
narrative text.  This engagement is important to establishing 
the framework in which the government's performance will be 
judged for the 2010 Report.  If posts have questions about 
which governments will receive an action plan, or how they 
may follow up on the recommendations in the 2009 Report, 
please contact G/TIP and the appropriate regional bureau. 
 
7. Action Request continued: On June 16, please be prepared 
to answer media inquiries on the Report's release using the 
press guidance provided in para 11.  If Post wishes, a local 
press statement may be released on or after 10:30 am EDT June 
16, drawing on the press guidance and the text of the TIP 
Report's country narrative provided in para 8. 
 
8. Begin Final Text of Ecuador,s country narrative in the 
2009 TIP Report: 
 
-------------------------------- 
ECUADOR (TIER 2) 
-------------------------------- 
 
Ecuador is a source, transit, and destination country for 
men, women, and children trafficked for the purposes of 
commercial sexual exploitation and forced labor.  The 
majority of trafficking victims are believed to be children 
trafficked within the country from border and central 
highland areas to urban centers for commercial sexual 
exploitation as well as for domestic servitude, forced 
begging, and forced labor in mines and other hazardous work. 
According to a recent government study, the main destination 
provinces for human trafficking include Pichincha, Guayas, 
Esmeraldas, and Manabi.  Ecuadorian children are trafficked 
to Colombia, Venezuela, Chile, and the Dominican Republic for 
forced labor, particularly street begging, forced vending, 
and as domestic servants.  Ecuadorian women are trafficked to 
Colombia, Peru, Venezuela, and Western Europe for commercial 
sexual exploitation.  To a lesser extent, Ecuador is a 
destination country for the trafficking of Colombian and 
Peruvian women and girls for commercial sexual exploitation, 
particularly in border areas, the Amazon region, and cities 
such as Quito, Santo Domingo, and Esmeraldas.  Ecuador is a 
transit country for Asian nationals to the Western 
Hemisphere; while some migrants consent to being smuggled 
through Ecuador, others fall victim to human traffickers 
along the way. 
 
The Government of Ecuador does not fully comply with the 
minimum standards for the elimination of trafficking; 
however, it is making significant efforts to do so.  The 
government sustained strong law enforcement measures against 
sex trafficking offenders, in addition to victim assistance. 
However, the government,s law enforcement efforts did not 
sufficiently address forced labor, sex trafficking crimes 
involving adults, or evidence of trafficking-related 
complicity of some local government officials.  Moreover, the 
government,s recent decision to lift its tourist visa 
requirement has resulted in a heavy influx of migrants into 
the country, some of whom may be trafficked. 
 
Recommendations for Ecuador:  Continue vigorous efforts to 
investigate and prosecute trafficking offenses ) including 
forced labor -- and convict and punish trafficking offenders, 
including public officials complicit in trafficking 
activities, particularly at the local level; increase 
anti-trafficking training for law enforcement and other 
government officials; increase raids on brothels that exploit 
underage children; and develop formal procedures for 
identifying trafficking victims among vulnerable populations, 
particularly adult women in prostitution and foreign migrants 
subject to high smuggling debts. 
 
Prosecution 
----------- 
The government demonstrated strong but incomplete law 
enforcement efforts against trafficking in persons crimes 
last year.  Ecuador prohibits all forms of human trafficking 
pursuant to a 2005 amendment to its penal code; trafficking 
for the purpose of labor exploitation carries a punishment of 
six to nine years, imprisonment, and trafficking for sexual 
exploitation carries a penalty of eight to 12 years, 
imprisonment.  Penalties for human trafficking may be 
increased, by aggravating circumstances, to a maximum of 35 
years, imprisonment.  Such penalties are sufficiently 
stringent and commensurate with those prescribed for other 
serious crimes.  During the reporting period, Ecuadorian 
authorities opened 85 trafficking cases across the country, 
and achieved convictions in 38 trafficking cases from 
previous years, securing sentences ranging from four to 12 
years, imprisonment against offenders.  Such results 
represent a substantial increase in efforts when compared to 
2007, when the government opened 76 prosecutions and 
convicted five trafficking offenders. 
 
Most cases during the current reporting period involved the 
inducement of children into prostitution or commercial sexual 
exploitation.  A small number of prosecutions are related to 
labor exploitation, but do not appear commensurate to the 
incidence of forced labor in the country, particularly the 
large number of children exploited for forced begging and 
forced domestic work.    Despite reports of 
trafficking-related corruption, particularly related to civil 
registry officials issuing false identity documents to 
Colombian minors, no investigations, prosecutions, or 
convictions of potentially complicit officials took place 
last year.  According to Ecuadorian police, brothel owners 
commonly use false identity documents to exploit foreign 
children in prostitution, and to avoid criminal liability for 
immigration and trafficking violations in the event of a 
police raid.   The government continued to train law 
enforcement personnel on anti-trafficking skills, and 
organized an international conference with neighboring 
countries on forced begging. 
 
Protection 
---------- 
The Ecuadorian government committed additional resources to 
assist trafficking victims last year.  The government ensured 
trafficking victims, access to legal, medical, and 
psychological services in victim care facilities, though 
available shelters for trafficking victims remained lacking 
in many parts of the country.  The government funded NGOs to 
provide additional victim services, allotting $423,467 in 
resources for such efforts last year.  Through its Victim and 
Witness Protection Program, the Public Ministry operated 
specialized anti-trafficking police units in the cities of 
Guayaquil, Machala, Portoviejo, Cuenca, and Quito.  These 
units accompanied other police authorities on brothel raids 
to coordinate immediate protective services for identified 
trafficking victims, and assistance for victim witnesses 
during court proceedings.  Last year the government 
identified and assisted approximately 56 victims of 
trafficking; 12 victims accepted services from the Victim and 
Witness Protection Program.    The government encouraged 
victims to assist with the investigation and prosecution of 
their traffickers.  Law enforcement and social services 
personnel employed formal procedures to identify child 
victims of commercial sexual exploitation, but did not 
demonstrate adequate efforts for identifying adult 
trafficking victims among women exploited in brothels and 
other vulnerable populations.  Authorities did not penalize 
trafficking victims for unlawful acts committed as a direct 
result of their being trafficked.  The Ecuadorian government 
did not provide legal alternatives to the removal of foreign 
victims to countries where they faced hardship or 
retribution, though foreign victims were not typically 
deported from the country. 
 
Prevention 
---------- 
The Government of Ecuador sustained anti-trafficking 
prevention efforts last year.  Senior government officials, 
including the president, condemned human trafficking in 
public speeches.  The government continued anti-trafficking 
campaigns against forced child begging and child sex tourism, 
in addition to a media campaign warning &clients8 that 
purchasing child prostitution is a punishable crime.  The 
government, however, did not report other steps to reduce 
demand for commercial sex acts purchased from adults or 
forced labor of adults during the reporting period. 
 
9. Post may wish to deliver the following points, which offer 
technical and legal background on the TIP Report process, to 
the host government as a non-paper with the above TIP Report 
country narrative: 
 
(begin non-paper) 
 
-- The U.S. Congress, through its passage of the 2000 
Trafficking Victims Protection Act, as amended (TVPA), 
requires the Secretary of State to submit an annual Report to 
Congress.  The goal of this Report is to stimulate action and 
create partnerships around the world in the fight against 
modern-day slavery.  The USG approach to combating human 
trafficking follows the TVPA and the standards set forth in 
the Protocol to Prevent, Suppress and Punish Trafficking in 
Persons, Especially Women and Children, supplementing the 
United Nations Convention against Transnational Organized 
Crime (commonly known as the "Palermo Protocol").  The TVPA 
and the Palermo Protocol recognize that this is a crime in 
which the victims, labor or services (including in the "sex 
industry") are obtained or maintained through force, fraud, 
or coercion, whether overt or through psychological 
manipulation.  While much attention has focused on 
international flows, both the TVPA and the Palermo Protocol 
focus on the exploitation of the victim, and do not require a 
showing that the victim was moved. 
 
-- Recent amendments to the TVPA removed the requirement that 
only countries with a "significant number" of trafficking 
victims be included in the Report. Beginning with the 2009 
TIP Report, countries determined to be a country of origin, 
transit, or destination for victims of severe forms of 
trafficking are included in the Report and assigned to one of 
three tiers.  Countries assessed as meeting the "minimum 
standards for the elimination of severe forms of trafficking" 
set forth in the TVPA are classified as Tier 1.  Countries 
assessed as not fully complying with the minimum standards, 
but making significant efforts to meet those minimum 
standards are classified as Tier 2.  Countries assessed as 
neither complying with the minimum standards nor making 
significant efforts to do so are classified as Tier 3. 
 
-- The TVPA also requires the Secretary of State to provide a 
"Special Watch List" to Congress later in the year. 
Anti-trafficking efforts of the countries on this list are to 
be evaluated again in an Interim Assessment that the 
Secretary of State must provide to Congress by February 1 of 
each year.  Countries are included on the "Special Watch 
List" if they move up in "tier" rankings in the annual TIP 
Report -- from 3 to 2 or from 2 to 1 ) or if they have been 
placed on the Tier 2 Watch List. 
 
-- Tier 2 Watch List consists of Tier 2 countries determined: 
(1) not to have made "increasing efforts" to combat human 
trafficking over the past year; (2) to be making significant 
efforts based on commitments of anti-trafficking reforms over 
the next year, or (3) to have a very significant number of 
trafficking victims or a significantly increasing victim 
population.  As indicated in reftel B, the TVPRA of 2008 
contains a provision requiring that a country that has been 
included on Tier 2 Watch List for two consecutive years after 
the date of enactment of the TVPRA of 2008 be ranked as Tier 
3.  Thus, any automatic downgrade to Tier 3 pursuant to this 
provision would take place, at the earliest, in the 2011 TIP 
Report (i.e., a country would have to be ranked Tier 2 Watch 
List in the 2009 and 2010 Reports before being subject to 
Tier 3 in the 2011 Report).  The new law allows for a waiver 
of this provision for up to two additional years upon a 
determination by the President that the country has developed 
and devoted sufficient resources to a written plan to make 
significant efforts to bring itself into compliance with the 
minimum standards. 
 
-- Countries classified as Tier 3 may be subject to statutory 
restrictions for the subsequent fiscal year on 
non-humanitarian and non-trade-related foreign assistance 
and, in some circumstances, withholding of funding for 
participation by government officials or employees in 
educational and cultural exchange programs.   In addition, 
the President could instruct the U.S. executive directors to 
international financial institutions to oppose loans or other 
utilization of funds (other than for humanitarian, 
trade-related or certain types of development assistance) 
with respect to countries on Tier 3.  Countries classified as 
Tier 3 that take strong action within 90 days of the Report's 
release to show significant efforts against trafficking in 
persons, and thereby warrant a reassessment of their Tier 
classification, would avoid such sanctions.  Guidelines for 
such actions are in the DOS-crafted action plans to be shared 
by Posts with host governments. 
 
-- The 2009 TIP Report, issuing as it does in the midst of 
the global financial crisis, highlights high levels of 
trafficking for forced labor in many parts of the world and 
systemic contributing factors to this phenomenon:  fraudulent 
recruitment practices and excessive recruiting fees in 
workers, home countries; the lack of adequate labor 
protections in both sending and receiving countries; and the 
flawed design of some destination countries, "sponsorship 
systems" that do not give foreign workers adequate legal 
recourse when faced with conditions of forced labor.  As the 
May 2009 ILO Global Report on Forced Labor concluded, forced 
labor victims suffer approximately $20 billion in losses, and 
traffickers, profits are estimated at $31 billion.  The 
current global financial crisis threatens to increase the 
number of victims of forced labor and increase the associated 
"cost of  coercion." 
 
-- The text of the TVPA and amendments can be found on 
website. 
 
-- On June 16, 2009, the Secretary of State will release the 
ninth annual TIP Report in a public event at the State 
Department.  We are providing you an advance copy of your 
country's narrative in that report.  Please keep this 
information embargoed until 10:00 am Washington DC time June 
16.  The State Department will also hold a general briefing 
for officials of foreign embassies in Washington DC on June 
17 at 3:30 pm EDT. 
 
(end non-paper) 
 
10. Posts should make sure that the relevant country 
narrative is readily available on or though the Mission's web 
page in English and appropriate local language(s) as soon as 
possible after the TIP Report is released.  Funding for 
translation costs will be handled as it was for the Human 
Rights Report.  Posts needing financial assistance for 
translation costs should contact their regional bureau,s EX 
office. 
 
11. The following is press guidance provided for Post to use 
with local media. 
 
Q1: Why was Ecuador given a ranking of Tier 2? 
 
A: The Government of Ecuador does not fully comply with the 
minimum standards for the elimination of trafficking; 
however, it is making significant efforts to do so.  The 
government sustained strong law enforcement measures against 
sex trafficking offenders, in addition to victim assistance. 
However, the government,s law enforcement efforts did not 
sufficiently address forced labor, sex trafficking crimes 
involving adults, or evidence of trafficking-related 
complicity of some local government officials.  Moreover, the 
government,s recent decision to lift its tourist visa 
requirement has resulted in a heavy influx of migrants into 
the country, some of whom may be trafficked. 
 
Q2: What is the nature of Ecuador,s trafficking problem? 
 
A: Ecuador is a source, transit, and destination country for 
men, women, and children trafficked for the purposes of 
commercial sexual exploitation and forced labor.  The 
majority of trafficking victims are believed to be children 
trafficked within the country from border and central 
highland areas to urban centers for commercial sexual 
exploitation as well as for domestic servitude, forced 
begging, and forced labor in mines and other hazardous work. 
According to a recent government study, the main destination 
provinces for human trafficking include Pichincha, Guayas, 
Esmeraldas, and Manabi.  Ecuadorian children are trafficked 
to Colombia, Venezuela, Chile, and the Dominican Republic for 
forced labor, particularly street begging, forced vending, 
and as domestic servants.  Ecuadorian women are trafficked to 
Colombia, Peru, Venezuela, and Western Europe for commercial 
sexual exploitation.  To a lesser extent, Ecuador is a 
destination country for the trafficking of Colombian and 
Peruvian women and girls for commercial sexual exploitation, 
particularly in border areas, the Amazon region, and cities 
such as Quito, Santo Domingo, and Esmeraldas.  Ecuador is a 
transit country for Asian nationals to the Western 
Hemisphere; while some migrants consent to being smuggled 
through Ecuador, others fall victim to human traffickers 
along the way. 
 
Q3: How can Ecuador improve its anti-trafficking efforts? 
 
A: To advance its efforts to combat human trafficking, the 
Government of Ecuador could:  continue vigorous efforts to 
investigate and prosecute trafficking offenses ) including 
forced labor -- and convict and punish trafficking offenders, 
including public officials complicit in trafficking 
activities, particularly at the local level; increase 
anti-trafficking training for law enforcement and other 
government officials; increase raids on brothels that exploit 
underage children; and develop formal procedures for 
identifying trafficking victims among vulnerable populations, 
particularly adult women in prostitution and foreign migrants 
subject to high smuggling debts. 
 
12. The Department appreciates posts, assistance with the 
preceding action requests. 
CLINTON