VZCZCXYZ0020
OO RUEHWEB

DE RUEHC #0638 1630152
ZNR UUUUU ZZH
O 120128Z JUN 09
FM SECSTATE WASHDC
TO AMEMBASSY CARACAS IMMEDIATE 0000

UNCLAS STATE 060638 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: KTIP ELAB KCRM KPAO KWMN PGOV PHUM PREL SMIG VE
SUBJECT: VENEZUELA -- 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 Venezuela 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 Venezuela 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 
www.state.gov/g/tip 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 Venezuela 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 Venezuela,s country narrative in the 
2009 TIP Report: 
 
-------------------------------- 
VENEZUELA (TIER 2 WATCH LIST) 
-------------------------------- 
 
Venezuela is a source, transit, and destination country for 
men, women, and children trafficked for the purposes of 
commercial sexual exploitation and forced labor.  Venezuelan 
women and girls are trafficked within the country for 
commercial sexual exploitation, lured from poor interior 
regions to urban and tourist areas such as Caracas and 
Margarita Island.  Victims are often recruited through false 
job offers, and subsequently coerced into prostitution.  Some 
Venezuelan children are forced to work as street beggars or 
as domestic servants.  Venezuelan women and girls are 
trafficked transnationally for commercial sexual exploitation 
to Mexico, in addition to Caribbean destinations such as 
Trinidad and Tobago, the Netherlands Antilles, and the 
Dominican Republic.  A common trafficking route is for 
victims to transit Curacao en route to The Netherlands and 
other countries in Western Europe.  Men, women, and children 
from Colombia, Peru, Ecuador, Brazil, the Dominican Republic, 
and Asian nations such as the People,s Republic of China are 
trafficked to and through Venezuela, and may be subjected to 
commercial sexual exploitation and forced labor.  A more 
recent trend appears to be increased human trafficking 
activity in Venezuela,s Orinoco River Basin area and border 
regions of Tachira State, where political violence and 
infiltration by armed rebel groups are common. 
 
The Government of Venezuela does not fully comply with the 
minimum standards for the elimination of trafficking; 
however, it is making significant efforts to do so.  Despite 
these overall significant efforts, the government did not 
show evidence of progress in convicting and sentencing 
trafficking offenders and providing adequate assistance to 
victims; therefore, Venezuela is placed on Tier 2 Watch List. 
 
 
Recommendations for Venezuela:  Amend existing laws to 
prohibit and adequately punish all forms of trafficking in 
persons, particularly the internal trafficking of men and 
boys; intensify efforts to investigate and prosecute 
trafficking offenses, and convict and punish trafficking 
offenders; investigate reports of trafficking complicity by 
public officials; provide greater assistance and services to 
trafficking victims; consider designating a coordinator to 
lead the government,s anti-trafficking efforts; and improve 
data collection for trafficking crimes. 
 
Prosecution 
----------- 
The Government of Venezuela made limited anti-trafficking law 
enforcement efforts over the last year, though Venezuelan law 
prohibits most forms of human trafficking.  In 2007, the 
government enacted the Organic Law on the Right of Women to a 
Violence-Free Life.  Article 56 of this recently enacted law 
prohibits the trafficking of women and girls for the purposes 
of sexual exploitation, forced labor, slavery, irregular 
adoption, or organ extraction, prescribing punishments of 15 
to 20 years, imprisonment.  Articles 46 and 47 prohibit 
forced prostitution and sexual slavery, and carry penalties 
of 15 to 20 years, imprisonment.  These anti-trafficking 
provisions, however, do not address the internal trafficking 
of adult males or boys.  Article 16 of the Organic Law 
Against Organized Crime, enacted in 2005, prohibits 
trafficking across international borders for labor or sexual 
exploitation, and prescribes penalties of 10 to 18 years, 
imprisonment.  The above penalties are sufficiently 
stringent, and commensurate with those for other serious 
crimes, such as rape.  Prosecutors also can use Venezuela,s 
Child Protection Act and various articles of the penal code 
to prosecute the internal trafficking of children, though 
many of these statutes carry extremely low penalties -- 
typically a maximum of three months in jail or fines. 
Despite existing legal tools for punishing many forms of 
human trafficking, the Venezuelan government did not report 
any convictions or sentences of trafficking offenders in 
¶2008.  However, the government opened six investigations of 
transnational sex trafficking, one investigation of 
transnational labor trafficking, and one investigation of 
suspected internal trafficking.  International organizations 
indicated that the government cooperated with INTERPOL on 
transnational trafficking cases, and increased screening for 
potential trafficking crimes at airports and borders.  There 
were no confirmed reports of government complicity with human 
trafficking in 2008, though corruption among public 
officials, particularly related to the issuance of false 
identity documents, appeared to be widespread.  Moreover, 
many Venezuelan law enforcement officials reportedly did not 
distinguish between human trafficking and alien smuggling 
offenses. 
 
Protection 
---------- 
The government sustained limited efforts to assist 
trafficking victims during the reporting period.  The 
government did not operate shelters accessible to or 
dedicated for trafficking victims, relying on NGOs and 
international organizations to provide the bulk of victim 
assistance.  The government operated a national 24-hour 
hotline through which it received trafficking complaints, and 
directed trafficking victims to NGOs for care. 
Government-provided psychological and medical examinations 
were available for trafficking victims, but additional victim 
services such as follow-up medical aid, legal assistance with 
filing a complaint, job training, and reintegration 
assistance remained lacking.  The government reportedly 
increased, however, the availability of psychological 
services for trafficking victims during the past year. 
Police reported that most trafficking victims were reluctant 
to testify in court against their traffickers because of long 
court delays and fear of reprisals.  According to NGOs, the 
government did not have a formal mechanism for identifying 
trafficking victims among vulnerable populations, such as 
women in prostitution.  There were no reports of victims 
being jailed or penalized for unlawful acts committed as a 
direct result of being trafficked.  The government reportedly 
had a policy of providing refugee status or other legal 
protections for foreign victims who faced retribution if 
returned to their country of origin.  The government also 
assisted with the repatriation of 28 Chinese nationals who 
had been subjected to labor trafficking last year. 
 
Prevention 
---------- 
The Venezuelan government increased its efforts to prevent 
human trafficking over the year by providing some funding to 
NGOs for education activities, conducting widespread public 
awareness campaigns about the dangers of human trafficking, 
and continuing anti-trafficking training for government 
officials.  The government advertised its hotline number, 
aired public service announcements, and widely distributed 
materials against commercial sexual exploitation, forced 
labor, and child sex tourism.  The government collaborated 
with NGOs and international organizations on other 
anti-trafficking efforts, but relations with these 
organizations were reportedly mixed.  Moreover, high turnover 
of government personnel, particularly lack of an 
anti-trafficking coordinator, appears to have hampered the 
government,s anti-trafficking progress.   While many 
government officials acknowledge that human trafficking is a 
problem in the country, some tended to view the nation as 
principally a transit point, demonstrating less recognition 
of internal trafficking concerns, such as children trafficked 
for commercial sexual exploitation.  No specific activities 
to reduce demand for commercial sex acts or forced labor were 
reported. 
 
¶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 www.state.gov/g/tip. 
 
-- 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 Venezuela given a ranking of Tier 2 Watch List? 
 
A: The Government of Venezuela does not fully comply with the 
minimum standards for the elimination of trafficking; 
however, it is making significant efforts to do so.  Despite 
such efforts, the government did not show evidence of 
progress in convicting and sentencing trafficking offenders 
and providing adequate assistance to victims; therefore, 
Venezuela is placed on Tier 2 Watch List. 
 
Q2: What is the nature of Venezuela,s trafficking problem? 
 
A: Venezuela is a source, transit, and destination country 
for men, women, and children trafficked for the purposes of 
commercial sexual exploitation and forced labor.  Venezuelan 
women and girls are trafficked within the country for 
commercial sexual exploitation, lured from poor interior 
regions to urban and tourist areas such as Caracas and 
Margarita Island.  Victims are often recruited through false 
job offers, and subsequently coerced into prostitution.  Some 
Venezuelan children are forced to work as street beggars or 
as domestic servants.  Venezuelan women and girls are 
trafficked transnationally for commercial sexual exploitation 
to Mexico, in addition to Caribbean destinations such as 
Trinidad and Tobago, the Netherlands Antilles, and the 
Dominican Republic.  A common trafficking route is for 
victims to transit Curacao en route to the Netherlands and 
other countries in Western Europe.  Men, women, and children 
from Colombia, Peru, Ecuador, Brazil, the Dominican Republic, 
and Asian nations such as the People,s Republic of China are 
trafficked to and through Venezuela, and may be subjected to 
commercial sexual exploitation and forced labor.  A more 
recent trend appears to be increased human trafficking 
activity in Venezuela,s Orinoco River Basin area and border 
regions of Tachira State, where political violence and 
infiltration by armed rebel groups are common. 
 
Q3: How can Venezuela improve its anti-trafficking efforts? 
 
A: To advance its efforts to combat human trafficking, the 
Government of Venezuela could:  amend existing laws to 
prohibit and adequately punish all forms of trafficking in 
persons, particularly the internal trafficking of men and 
boys; intensify efforts to investigate and prosecute 
trafficking offenses, and convict and punish trafficking 
offenders; investigate reports of trafficking complicity by 
public officials; provide greater assistance and services to 
trafficking victims; consider designating a coordinator to 
lead the government,s anti-trafficking efforts; and improve 
data collection for trafficking crimes. 
 
¶12. The Department appreciates posts, assistance with the 
preceding action requests. 
CLINTON