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Viewing cable 10MONTEVIDEO112, Uruguay 2010 Trafficking in Persons Report

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Reference ID Created Released Classification Origin
10MONTEVIDEO112 2010-02-18 12:44 2011-08-30 01:44 UNCLASSIFIED Embassy Montevideo
VZCZCXYZ0000
RR RUEHWEB

DE RUEHMN #0112/01 0491246
ZNR UUUUU ZZH
R 181244Z FEB 10
FM AMEMBASSY MONTEVIDEO
TO RUEHC/SECSTATE WASHDC 0228
INFO MERCOSUR COLLECTIVE
RHMFIUU/DEPT OF HOMELAND SECURITY WASHINGTON DC
RHMFIUU/DEPT OF JUSTICE WASHINGTON DC
RUEATRS/DEPT OF TREASURY WASHINGTON DC
RUEHC/DEPT OF LABOR WASHINGTON DC
UNCLAS MONTEVIDEO 000112 
 
SIPDIS 
STATE FOR INL, DRL, PRM, WHA/PPC, WHA/BSC 
 
E.O. 12958: N/A 
TAGS: PHUM KTIP KCRM KWMN SMIG KFRD ASEC PREF ELAB UY
SUBJECT: Uruguay 2010 Trafficking in Persons Report 
 
REF: STATE 2094 
 
Post submits the 2010 Trafficking In Persons Report in response to 
reftel.  Embassy POC is poloff Erin Markley, phone: (598 2) 1770 
2924, fax:  (598 2) 1770 2112.  Poloff spent 40 hours preparing the 
report, EFM Political Assistant spent 40 hours, and LES Political 
Specialist spent 40 hours. 
 
 
 
25. (U) THE COUNTRY'S TIP SITUATION: 
 
 
 
-- A. What is (are) the source(s) of available information on human 
trafficking?  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 better organization of data to 
be able to identify occurrences of TIP.  The Department of 
Immigration has nearly completed a substantial reorganization of 
its statistics management and believes that the new system is more 
conducive to a TIP-based analysis. 
 
 
 
-- B. Is the country a country of origin, transit, and/or 
destination for men, women, or children subjected to conditions of 
commercial sexual exploitation, forced or bonded labor, or other 
slave-like conditions?  Are citizens or residents of the country 
subjected to such trafficking conditions within the country?  If 
so, does this internal trafficking occur in territory outside of 
the government's control (e.g. in a civil war situation)?  From 
where are people recruited or from where do they migrate prior to 
being subjected to these exploitative conditions?  To what other 
countries are people trafficked and for what purposes?  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 Spain and Italy, there are also 
cases of women and minors being trafficked within the country, 
particularly to border and in tourist areas. 
 
 
 
There is one case being tried as trafficking in persons in which 
seven to ten women were trafficked to Spain.  There are also low 
numbers of child prostitution and child pornography victims in 
country.  There have been no significant changes to the TIP 
situation since the last report.  The overall level of TIP in the 
country is considered to be low, but the GOU and NGOs recognize 
that actual levels of TIP within the country are difficult to 
ascertain, and some TIP cases likely go undetected. 
 
 
 
-- C. To what kind of conditions are the trafficking victims 
subjected? 
 
 
 
-The few suspected and confirmed trafficking victims were subjected 
to poor conditions. 
 
 
 
-- D. Vulnerability to TIP: Are certain groups of persons more at 
risk of human trafficking (e.g. women and children, boys versus 
girls, certain ethnic groups, refugees, IDPs, etc.)?  If so, please 
specify the type of exploitation for which these groups are most at 
 
risk (e.g., girls are more at risk of domestic servitude than 
boys). 
 
 
 
- 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 gain direct access to 
victims?  For example, are the traffickers recruiting victims 
through lucrative job offers?  Are victims sold by their families, 
or approached by friends of friends?  Are victims "self- 
presenting" (approaching the exploiter without the involvement of a 
recruiter or transporter)? If recruitment or transportation is 
involved, what methods are used to recruit or transport 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 violators 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 
others who 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.  Some victims are self-presenting, but 
there are also cases of recruitment, especially by other victims, 
based on lucrative job offers.  One case of prostitution included 
blackmail. 
 
 
 
26. (U) SETTING THE SCENE FOR THE GOVERNMENT'S ANTI-TIP EFFORTS: 
 
 
 
-- A. Does the government acknowledge that human trafficking is a 
problem in the country?  If not, whynot? 
 
 
 
- Although the GOU believes that the incidence of trafficking 
across borders in Uruguay is low, it nevertheless recognizes that 
trafficking in persons does occur.  Government authorities and NGOs 
state that exploited minors generally do not cross Uruguay's 
international borders.  Nearly all GOU agencies recognize that need 
to build on the already established research and training to deepen 
understanding as to the extent of TIP in Uruguay, however, they 
note that significant progress has been made over the past several 
years. 
 
 
 
-- B. Which government agencies are involved in efforts to combat 
sex and labor trafficking - including forced labor - and, which 
agency, if any, has the lead in these efforts? 
 
 
 
- 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, Tourism, 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 these problems 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 continue to be the key constraint on 
Uruguay's well established political will to combat TIP.  Although 
recent training (including by the GOU, USG, and IOM) has improved 
awareness of TIP and helped developed anti-TIP strategies, law 
enforcement agencies have no additional budget for investigative 
studies and social service agencies cannot fully comply with many 
of their legislated mandates, including complete victim assistance. 
The creation of the Specialized Criminal Courts for Organized 
Crime, and the inclusion of TIP in their mandate, facilitates 
investigations because all TIP cases go to one of two judges, and 
in Uruguay, the judges can require that police conduct an 
investigation.  The creation of the Specialize Courts also has 
created a body of judicial experts in organized crime who are 
better skilled at identifying TIP.  According to Transparency 
International, Uruguay ranks high as a country with very little 
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 has been a 
developing recognition that data specific to TIP is increasingly 
important.  The Ministry of the Interior's Migrations Department 
has nearly completed the digitizing its past records and reviewing 
its statistics system.  This effort will better facilitate 
management of data pertinent to TIP. 
 
 
 
In 2008 the Ministry of Social Development formed an interagency 
committee to address TIP issues.  Since then, the committee has 
continued to meet in a roundtable format 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 Specialized Courts); Ministry of Foreign Affairs (Human Rights 
Department and Consular Issues Department); the Ministry of 
Tourism; OIM; and NGOs.  All representatives have reported that the 
group provides the necessary platform to share information about 
prevention and prosecution, and that the participation of the 
judiciary in the group is extremely important.  The group is 
working towards establishing an official interagency TIP protocol 
in conjunction with a regional TIP protocol under the guidance of 
Mercosur. 
 
 
 
Additionally, the INAU Committee for the Eradication of Commercial 
and Non-commercial Sexual Exploitation of Children and Adolescents 
(formed in 2004 in response to a presidential decree) 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. 
 
 
 
-- E. What measures has the government taken to establish the 
identity of local populations, including birth registration, 
citizenship, and nationality. 
 
 
 
- The government registers all babies upon birth and the Department 
of Migration administers naturalization.  All citizens and 
residents are required to register with the Department of Migration 
and are issued national identity cards.  The National Institute of 
Statistics carries out regular censes with the last one being 
published in 1996. 
 
--F. To what extent is the government capable of gathering the data 
required for an in-depth assessment of law enforcement efforts? 
Where are the gaps?  Are there any ways to work around these gaps? 
 
 
 
-The gaps are related to bureaucracy and budgetary constraints. 
Police only collect information pertinent to the case, and this 
information is not used unless the case goes to court.  An 
additional statistical challenge arises from the lack of 
digitization of court and police records, and the fact that access 
requires extensive bureaucratic process.  Many agencies recognize 
the challenges presented by lack of good statistical information 
and are making efforts to improve data collection and data sharing. 
 
 
 
 
27. (U) INVESTIGATION AND PROSECUTION OF TRAFFICKERS: 
 
 
 
-- A. Existing Laws against TIP: Does the country have a law or 
laws specifically prohibiting trafficking in persons -- both 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. 
 
 
 
-- B. Punishment of Sex Trafficking Offenses: What are the 
prescribed and imposed penalties for the trafficking of persons for 
commercial sexual exploitation, including for the forced 
prostitution of adults and the prostitution of children? 
 
 
 
- 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.  TIP-related crimes carry a penalty of four to sixteen 
years of imprisonment. 
 
 
 
-- C. Punishment of Labor Trafficking Offenses:  What are the 
prescribed and imposed penalties for labor trafficking offenses, 
including all forms of forced labor?  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 
compelled service in the destination country?  If your country is a 
destination for labor migrants (legal/regular or 
illegal/irregular), are there laws punishing employers or labor 
agents who confiscate workers' passports or travel documents for 
 
 
the purpose of labor trafficking, switch contracts without the 
worker's consent as a means to keep the worker in a state of 
compelled service, or withhold payment of salaries as means of 
keeping the worker in a state of compelled service? 
 
 
 
- 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. 
 
 
 
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 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 take legal 
action 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 trafficking offenders 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).   What were the actual punishments imposed on 
convicted trafficking offenders? Are they 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.  There is one case being tried under the 
trafficking in persons legislation.  The perpetrators of that case 
are in prison awaiting sentencing. 
 
 
 
Three men have been convicted of the production and selling of 
child pornography in Salto.  In another case, one man was convicted 
of distribution of child pornography internationally, but the 
victims were not identified.  They are all currently in prison and 
the Salto case is currently under appeal. 
 
 
 
Several cases are in process: 
 
*             Three people are in prison awaiting trial for 
participation in a child prostitution ring in Paysandu that 
reportedly exploited up to 20 minors, both boys and girls, between 
the ages of 13 and 17. 
 
*             One man was arrested in Salto for child pornography 
for compensating minors aged 12 - 15 with gifts to strip in front 
of a camera.  He is in prison awaiting trial.  He is also accused 
 
of two counts of sexual abuse. 
 
*             One couple was arrested for pimping and coercing 
eight women, many of them university students.  The threatened the 
women with showing compromising pictures of them to their families. 
 
*             A mother and step father were arrested for pimping 
and are awaiting sentencing, for the pimping of their six-year-old 
daughter to an elderly neighbor.  The neighbor is also awaiting 
sentencing for child abuse. 
 
 
 
Because of secrecy laws to protect victims and witnesses, 
information about cases and case outcomes is difficult to ascertain 
in Uruguay.  Judges are not officially allowed to provide 
information on cases until they are complete, and there is no way 
to know when they are complete because trials are not public.  Case 
information, therefore, comes through press reports, which are 
generally inconsistent and incomplete, and occasionally incorrect. 
 
 
 
 
-- F. Does the government provide any specialized training for law 
enforcement and immigration officials on identifying and treating 
victims of trafficking?  Or training on investigating and 
prosecuting human trafficking crimes?  Specify whether NGOs, 
international organizations, and/or the USG provide specialized 
training for host government officials. 
 
 
 
- This year, 12 judges, public prosecutors, migration officials, 
and police attended the International Law Enforcement Academy TIP 
Training course in Lima. ILEA training has greatly facilitated the 
effectiveness of interagency cooperation by ensuring not only a 
common understanding of TIP related issues but an increasingly 
cohesive approach to addressing them.  Upon return, several ILEA 
participants participated in an embassy-led awareness raising TIP 
training to an audience of over 100 police, migration, judiciary, 
NGO, and other officials.  With G-TIP regional funding, OIM led a 
regional training in Colonia and a national training in Montevideo. 
In preparation for these trainings, OIM and MIDES conducted five 
workshops with local interagency committees that address 
exploitation and sexual violence in the border departments with 
Argentina.  INAU conducted two trainings in Colonia through the 
Committee for the Eradication of Commercial and Non-commercial 
Sexual Exploitation of Children and Adolescents, with the goal of 
improving communication between government and non-government 
actors.  The Department of Migration conducted several on-site 
trainings with border officials to increase ability to identify 
potential TIP cases.  The Ministry of Foreign Affairs now includes 
a module of identifying and assisting trafficking victims while 
serving abroad as part of its training provided to all new 
diplomats. 
 
 
 
--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, 
particularly between Uruguay and Argentina's immigration services, 
which have shared databases.  Additionally, the GOU actively 
participates in a regional dialogue sponsored by Mercosur; in 
February 2009, regional cooperation to combat sexual exploitation 
in border areas between Uruguay, Argentina, Chile and Paraguay 
commenced, and several agency-to-agency regional workgroup meetings 
were held this year.  Additionally, the INAU Committee for the 
Eradication of Commercial and Non-commercial Sexual Exploitation of 
Children and Adolescents and the Ministry of Tourism 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.  Post is 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.  One 
case from 2008 in which an immigration official in an overseas 
consulate had allegedly taken bribes in order to facilitate the 
processing of illegal business visas has been thoroughly 
investigated but there was not enough evidence to convict. 
 
 
 
-- J. If government officials are involved in human trafficking, 
what steps has the government taken to end such complicity?  Please 
indicate the number of government officials investigated and 
prosecuted for involvement in trafficking or trafficking-related 
criminal activities 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. 
 
 
 
-No government officials were found to be involved in trafficking 
related offenses within the reporting period. 
 
 
 
-- K. 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. 
 
 
 
-- L. 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 
anecdotal reports suggest some sexual tourists arrive from the 
region and from Europe, 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. 
 
 
 
28. (U) 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 any spoken evidence is 
distorted by a vocal filter.  In such a way, anonymity is tightly 
controlled.  Uruguayan 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.  A June 2009 
law, 18.494, written to address money laundering legislation, 
addresses additional witness protection to encourage participant 
witnesses to testify, and covers TIP cases as well as other 
organized crime cases.  An important advance this year in victim 
protection is an informal agreement between judges and victim care 
workers that allows an intermediary to report a TIP case on behalf 
of a victim, allowing victims more anonymity before a case is 
actually launched.  This is important since TIP victims are often 
living amount those who recruited and/or trafficked them. 
 
 
 
-- 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 victim assistance.  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 of all sorts operated in the capital but could not 
accommodate the demand for shelter.  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. 
 
 
 
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. 
 
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.  This year IOM provided assistance to one trafficking 
victim who was referred by an NGO. 
 
 
 
-- C.  Does the government provide trafficking victims with access 
to legal, medical and psychological services?  If so, please 
specify the kind of assistance provided.  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 government recognizes the need to provide special assistance 
to trafficking victims.  In practice, TIP victims are eligible for 
the same government or NGO provided services to which the rest of 
the population has access.  The European Union approved funding of 
USD 190,000 in December 2009 that envisions pilot projects of TIP 
shelters for both women and minors.  These projects will begin in 
2010. 
 
 
 
The Department of Social Development is in regular and close 
contact with NGOs working in the field, but TIP-specific funding 
comes from international donors.  The Ministry of Social 
Development and INAU fund women's and children's shelters that are 
available to TIP victims.  Government agencies provide extensive 
in-kind assistance through the participation of their staff in TIP 
roundtable meetings for planning and coordinating interagency 
efforts.  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?  (If available, please specify the 
type of exploitation of these victims - e.g. "The government 
 
identified X number of trafficking victims during the reporting 
period, Y or which were victims of trafficking for sexual 
exploitation and Z of which were victims of nonconsensual labor 
exploitation.)  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? 
 
 
 
This year Uruguay' IOM is assisting one trafficking victim (who was 
trafficked during a previous reporting cycle) with resettlement 
assistance.  There have also been several minor victims who are in 
INAU custody following child pornography and child prostitution 
cases.  Care facilities were offered to all victims, but most 
refused the assistance offered.  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 recognizes the need for such a formal system and worked 
during the year to develop a protocol for all agencies that may 
come into contact with TIP victims, including those working with 
high risk persons.  Additionally, through the trainings provided on 
recognition and response to TIP-related crime this year from the 
GOU, USG and international organizations, many agencies (migration, 
consular, police, judges and NGOs) report greatly enhanced 
awareness of the issue. 
 
 
 
In 2008, the Ministry of Social Development formed an interagency 
committee to deal with TIP issues.  During this reporting year, the 
committee has continued to meet 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 
Specialized Courts); Ministry of Foreign Affairs (Human Rights 
Department and Consular Issues Department); the Ministry of 
Tourism; OIM; and NGOs.   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. 
 
 
 
Prostitution is legal.  Brothels, discos, 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. 
 
 
 
-- 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. 
Uruguay's anti-TIP legislation provides the same protection to 
victims as under the 2006 law 18.026, "Cooperation with the 
International Criminal Court in the subject of the struggle against 
genocide, war crimes and human abuse".  The law provides financial 
compensation for victims as well as personal and psychological 
protection for victims and their families. 
 
 
 
A June 2009 law, 18.494, to improve money laundering legislation, 
addresses additional witness protection to encourage participant 
witnesses to testify.  The law applies to, but has not yet been 
used in any TIP cases. 
 
 
 
-- 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 GOU provided and participated in several trainings this year, 
all of which include modules on victim protection and assistance. 
12 judges, public prosecutors, migration officials, and police 
attended the International Law Enforcement Academy TIP Training 
course in Lima. Upon return, several ILEA participants participated 
in an embassy-led awareness raising TIP training to an audience of 
over 100 police, migration, judiciary, NGO, and other officials. 
With G-TIP regional funding, OIM led a regional training in Colonia 
and a national training in Montevideo.  In preparation for these 
trainings, OIM and MIDES conducted five workshops with departmental 
committees that address exploitation and sexual violence in the 
border departments with Argentina. INAU conducted two trainings in 
Colonia through the Committee for the Eradication of Commercial and 
Non-commercial Sexual Exploitation of Children and Adolescents. 
The Department of Migration conducted several on-site trainings 
with border officials to increase ability to identify potential TIP 
cases. The Ministry of Foreign Affairs now includes a module of 
identifying and assisting trafficking victims while serving abroad 
as part of its training provided to all new diplomats. 
 
 
 
-- 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. 
 
 
 
29. (U) 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)? 
(Note: This can be an especially noteworthy effort where 
prostitution is legal.  End Note.) 
 
 
 
- Government efforts to raise public awareness, particularly among 
groups most vulnerable to trafficking, were sustained during the 
reporting period.  Following the success of last year's campaign, 
INAU repeated its large-scale information campaign to raise 
awareness on the issue of exploitation of minors in tourist areas 
with cooperation from the Ministry of Tourism.  30,000 leaflets and 
10,000 stickers will be distributed starting in February 2010, with 
a concentration on tourist areas.  In cooperation with this 
campaign and other outreach efforts by MIDES, the Ministry of 
Tourism has a program that solicits hotels and other service 
providers to sign onto a national convention to promise to combat 
TIP on their premises.  The convention states that the companies 
will protect the rights of children and adolescents by training 
their employees to identify it and denounce it.  Forty service 
providers have signed onto the convention since 2007. 
 
 
 
The Ministry of Education maintained its rights-based sex education 
curriculum which includes anti-trafficking segments.  MIDES 
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 Immigration has nearly completed a substantial 
reorganization of its statistics management and believes that the 
new system will be more conducive to a TIP-based analysis. 
 
 
 
-- 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 there are as yet no formalized mechanisms, since 2008, 
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 (the judges from 
the Specialized Courts); Ministry of Foreign Affairs (Human Rights 
Department and Consular Issues Department); the Ministry of 
Tourism; OIM; and NGOs.  Participants report the committee having 
immense impact on TIP understanding and coordination between 
agencies. 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. 
 
 
 
-- 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's 
regional action plan to combat sexual exploitation in border areas. 
The plan commenced on February 15th 2009, and has held several 
regional workgroup meetings.  The plan includes a regional 
awareness-raising campaign as well as the creation of a regional 
TIP protocol. 
 
 
 
-- E: Required of all Posts: What measures has the government taken 
during the reporting period to reduce the demand for commercial sex 
acts? (please see ref B, para. 9(3) for examples) 
 
 
 
- Following the success of last year's campaign, INAU repeated its 
large-scale information campaign to raise awareness on the issue of 
exploitation of minors in tourist areas with cooperation from the 
Ministry of Tourism.  30,000 leaflets and 10,000 stickers will be 
distributed starting in February 2010, with a concentration on 
tourist areas. 
 
 
 
-- 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 (Argentina, Australia, 
Austria, Bangladesh, Belgium, Benin, Bolivia, Brazil, Burkina 
 
Faso, Cameroon, Canada, Chile, China, Cote d'Ivoire, Croatia, 
Denmark, Egypt, El Salvador, Ethiopia, Fiji, Finland, France, 
Gambia, Germany, Ghana, Guatemala, India, Indonesia, Ireland, 
Italy, Jordan, Kenya, Korea (ROK), Malawi, Malaysia, Mongolia, 
Morocco,  Nepal, Niger, Nigeria, Norway, Pakistan, Peru, 
Philippines, Poland, Portugal, Russia, Rwanda, Senegal, Slovakia, 
South Africa, Spain, Sri Lanka, Tanzania, Togo, Tunisia, Turkey, 
Uganda, Ukraine, United Kingdom, Uruguay, Yemen, Zambia, and 
Zimbabwe): 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. 
 
 
 
Uruguay 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 attach???? 
that counsels, defends, and/or accuses the Uruguayan officers. 
 
 
 
30. (U) PARTNERSHIPS 
 
Secretary Clinton has identified a fourth "P", Partnerships, 
recognizing that governments' partnerships with other government 
and elements of civil society are key to effective anti-TIP 
strategies.  Although the 2010 Report will include references 
and/or descriptions of these partnerships, they will not be 
considered in the determining the tier rankings, except in cases 
where a partnership contributes to the government's efforts to 
implement the TVPA's minimum standards. 
 
 
 
-- A.  Does the government engage with other governments, civil 
society, and/or multilateral organizations to focus attention and 
devote resources to addressing human trafficking?  If so, please 
provide details. 
 
 
 
- MIDES leads an important interagency effort through the TIP 
roundtable that works closely with government officials, relevant 
NGOs, and international NGOs. The GOU is a full participant in 
Mercosur regional action plan to combat sexual exploitation in 
border areas which includes a regional awareness-raising campaign 
as well as the creation of a regional TIP protocol. Also at a 
regional level, the Ministry of Tourism participates in the 
Southern Cone Regional Action Group for the prevention of Sexual 
exploitation and commercial exploitation of children and 
adolescents in Travel and Tourism.  With G-TIP regional funding, 
OIM led a regional training in Colonia which included Argentine 
anti-TIP actors.   The GOU embraces other countries' efforts to 
assist in TIP initiatives.  In 2009, government officials supported 
and participated in the embassy-led awareness raising TIP training 
to over 100 law enforcement officials and NGO participants.  The 
GOU also works closely with European law enforcement counterparts 
on international cases, and will be working with the European Union 
on an important anti-TIP project to include outreach and victim 
services. 
 
 
 
-- B.  What sort of international assistance does the government 
provide to other countries to address TIP? 
 
 
 
-Uruguay is a willing participant in regional and international TIP 
programs.  Uruguayan law enforcement officials regularly meet with 
and share information with Argentine law enforcement officials, and 
the Migration databases between the two countries are shared. 
Because it is a smaller country with fewer instances of 
trafficking, Uruguay is generally more of a collaborator than a 
coordinator. 
Nelson