192444 2/17/2009 16:22 09LISBON101 Embassy Lisbon UNCLASSIFIED//FOR OFFICIAL USE ONLY 09STATE132759 VZCZCXRO4523 RR RUEHLA RUEHPA RUEHPD RUEHRG DE RUEHLI #0101/01 0481622 ZNR UUUUU ZZH R 171622Z FEB 09 FM AMEMBASSY LISBON TO RUEHC/SECSTATE WASHDC 7380 INFO RUEHUJA/AMEMBASSY ABUJA 0109 RUEHBR/AMEMBASSY BRASILIA 0380 RUEHSL/AMEMBASSY BRATISLAVA 0112 RUEHBM/AMEMBASSY BUCHAREST 0228 RUEHCH/AMEMBASSY CHISINAU 0118 RUEHKV/AMEMBASSY KIEV 0174 RUEHLU/AMEMBASSY LUANDA 0570 RUEHMD/AMEMBASSY MADRID 2661 RUEHTO/AMEMBASSY MAPUTO 0523 RUEHMO/AMEMBASSY MOSCOW 0526 RUEHPG/AMEMBASSY PRAGUE 0143 RUEHPA/AMEMBASSY PRAIA 0253 RUEHWR/AMEMBASSY WARSAW 0298 RUEHLA/AMCONSUL BARCELONA 0358 RUEHOS/AMCONSUL LAGOS 0063 RUEHPD/AMCONSUL PONTA DELGADA 0552 RUEHRG/AMCONSUL RECIFE 0017 RUEHRI/AMCONSUL RIO DE JANEIRO 0037 RUEHSO/AMCONSUL SAO PAULO 0059 RHEFHLC/HOMELAND SECURITY CENTER WASHINGTON DC RUEAWJA/DEPT OF JUSTICE WASHDC RUEHC/DEPT OF LABOR WASHDC RUEATRS/DEPT OF TREASURY WASHDC UNCLAS SECTION 01 OF 20 LISBON 000101
DEPARTMENT PLEASE PASS TO USAID, G/TIP, G-ACBLANK, INL, DRL, PRM, AND EUR/PGI
E.O. 12958: N/A TAGS: KCRM, PHUM, KWMN, SMIG, KFRD, KTIP, ASEC, PREF, ELAB, PO SUBJECT: PORTUGAL: NINTH ANNUAL TRAFFICKING IN PERSONS (TIP) REPORT
REF: STATE 132759
Per Reftel 132759, this cable addresses questions in paragraphs 23-27 of the tasking message.
Embassy Lisbon's point of contact on trafficking is Rita Penedo, Senior Officer for CAIM Project, Security Coordination Office (GCS), Ministry of the Interior, tel: 351-21-323-6428 (direct) or 351-21-323-6409/10/11 (switchboard), fax: 351-21-323-6425. The Embassy's Political-Economic Assistant spent over 80 hours researching and meeting with Embassy contacts in preparation of this TIP report cable.
23. (U) THE COUNTRY'S TIP SITUATION:
-- A. What is (are) the source(s) of available information on trafficking in persons? What plans are in place (if any) to undertake further documentation of human trafficking? How reliable are these sources?
In Portugal, the sources of available information on trafficking in persons are the following:
1. The Monitoring Center for Trafficking in Persons; 2. The Foreigners and Borders Service (SEF); 3. The High Commission for Immigration and Intercultural Dialogue (ACIDI); 4. The Portuguese Association for Victim Support (APAV); 5. The International Organization for Migration (IOM); 6. The Commission for the Equality and Rights of Women (CIDM); 7. The Ministry of Justice; 8. The Association for Family Planning (APF); 9. The Judiciary Police (PJ); 10. The Commission for Citizenship and Gender Equality (CIG)
These sources are reliable; however, because there was, until recently, a lack of coordination among the various government organizations and NGOs, available data are limited. With the national monitoring center operational, new reliable procedures have been implemented to facilitate the gathering of comprehensive trafficking data. All police who handle a possible trafficking case are now required to fill out a standard detailed form with information about the case, and to submit it to the monitoring center. This form was originally designed for sexual exploitation cases only but was expanded in 2007 to encompass cases of labor exploitation. This form is carefully analyzed by the center's work group, made up of multiagency staff, who decides whether or not the case is, indeed, trafficking. If so, it is recorded in the database. All government officials involved in each trafficking case have access to this confidential form.
Reliable information on trafficking can also be found in CAIM's web page (www.caim.com.pt) (See paragraph 23B for information on the government's anti-trafficking project CAIM). This comprehensive site became available in February 2007 and provides a wealth of information, including CAIM's objectives, national/international partnerships and legislation, links to
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government and NGOs for assistance to victims, information guides for victims, media coverage of trafficking cases, national and international trafficking reports. Trafficking statistics in Portugal, including numbers of investigations, prosecutions, and convictions, will be available on the website as of early April 2008. Access to sensitive data is closely controlled. Portugal requested various countries, including Brazil, to incorporate the CAIM link into their TIP websites.
In 2008, the Portuguese Ministry of the Interior took the lead and currently coordinates the transnational project "Trafficking in Human Beings ) Data Collection and Harmonized Information Management System". Partner countries include Slovakia, Poland, and the Czech Republic. The main goal of this data-gathering project, co-financed by the European Commission, is to develop, consolidate and share with partner countries common trafficking indicators, which will contribute to improve trafficking policies in these countries.
-- B. Is the country a country of origin, transit, and/or destination for internationally trafficked men, women, or children? Does trafficking occur within the country's borders? If so, does internal trafficking occur in territory outside of the government's control (e.g. in a civil war situation)? To where are people trafficked? For what purposes are they trafficked? Provide, where possible, numbers or estimates for each group of trafficking victims. Have there been any changes in the TIP situation since the last TIP Report (e.g. changes in destinations)?
Portugal is a country of origin, transit, and destination for international trafficked men, women, and children. The trafficking occurs across a mostly unsupervised border with Spain and also within Portugal. It does not occur in territory outside the government's control. A full-time body run by the Ministry of the Interior (with assistance from other government agencies and NGOs) to monitor and gather statistics/data on trafficking-related developments began operation in January 2007. The trafficking data are collected in a central database using input from the various entities that track trafficking cases, including police, security sources, and NGOs.
Women: The majority of victims is from Brazil and is trafficked for the purpose of sexual exploitation. Typically, victims are women with low education, between the ages of 18 and 24. The majority are legal immigrants, with their documents in order and valid visas. Traffickers of these women often use the country as a springboard to other European Union destinations.
Men: Victims are mainly from Eastern Europe (Ukraine, Moldova, Russia, Romania) and from African Lusophone countries, and are trafficked for forced labor. Children: Neither government authorities nor NGOs have direct knowledge of trafficking of children but estimate that there are between 50-100 Roma minors, brought to Portugal by family networks, used as street beggars.
There have been no changes in direction of trafficking
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victims. The persons trafficked are mainly from Brazil (women for sexual exploitation) and, to a lesser extent, from Eastern Europe (Ukraine, Moldova, Russia, Romania) and from African countries (Nigeria and Lusophone countries). Some trafficking victims are transited through Portugal en route to other European countries.
Portugal is not a significant country of origin.
Since its election in March 2005, the Socialist government has moved energetically to address trafficking. In December 2005, it launched a pilot project (CAIM - Cooperation, Action, Investigation and World Vision) to combat the trafficking of women for sexual exploitation in Portugal. In 2007 this project added combating trafficking for labor exploitation to its list of objectives. Task forces from the Ministries of Justice and Interior, the Commission for the Equality and Rights of Women (CIDM), the High Commission for Immigration and Inter-Cultural Dialogue (ACIDI), the International Organization for Migration (IOM), various NGOs, and police and security forces collaborated in designing the CAIM project and work together on a regular basis to carry out its objectives. One of the project's main goals - to establish a full-time body in the Ministry of Interior to monitor trafficking-related developments through the creation of a database with comprehensive statistics - operational since January 2007. This monitoring center has also created a registry for filing legal complaints (See paragraph 26F) with security forces and has opened the first government-financed safe house specifically for trafficking victims.
-- C. What kind of conditions are the victims trafficked into?
Women trafficked for sexual exploitation are harbored in rooms/apartments in or near brothels or clubs. Upon arrival, their passports may be withheld and turned over to a brothel or club operator. Many, especially Brazilian women, have initially consented to prostitution activities but may later be subjected to threats and violence. Trafficked men are housed in similar conditions, usually close to construction sites where they work. They have usually consented to the labor activity but are sometimes victims of violence, threats, fraud, coercion, peonage, and debt bondage. Police and NGOs have reported that Roma children, brought to Portugal by family networks, are sometimes forced to beg on street corners.
Trafficking victims are not normally kept locked up. Reports from victims who have escaped describe limited freedom of movement, such as accompanied shopping trips.
-- D. Vulnerability to TIP: Are certain groups of persons more at risk of being trafficked (e.g. women and children, boys versus girls, certain ethnic groups, refugees, IDPs, etc.)?
Persons more at risk of being trafficked are women, for sexual exploitation, but there were reports of men being trafficked for forced labor.
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-- E. Traffickers and Their Methods: Who are the traffickers/exploiters? Are they independent business people? Small or family-based crime groups? Large international organized crime syndicates? What methods are used to approach victims? For example, are they offered lucrative jobs, sold by their families, or approached by friends of friends? What methods are used to move the victims (e.g., are false documents being used?). Are employment, travel, and tourism agencies or marriage brokers involved with or fronting for traffickers or crime groups to traffic individuals?
SEF reports that traffickers tend to be men between the ages of 20 and 50, who are either independent businessmen or employees in prostitution-related establishments. Victims are often offered lucrative jobs and are usually approached by friends of friends.
24. (U) SETTING THE SCENE FOR THE GOVERNMENT'S ANTI-TIP EFFORTS:
-- A. Does the government acknowledge that trafficking is a problem in the country? If not, why not?
-- B. Which government agencies are involved in anti- trafficking efforts and which agency, if any, has the lead?
1. The Monitoring Center for Trafficking in Persons, Ministry of the Interior (has the lead); 2. The Commission for the Equality and Rights of Women (CIDM), under the Ministry for the Presidency of the Council of Ministers; 3. The Ministry of Justice; 4. The Foreigners and Borders Service (SEF); 5. The High Commission for Immigration and Intercultural Dialogue (ACIDI); 6. The Republican National Guard (GNR); 7. The Judicial Police (PJ); 8. The Public Security Police (PSP); 9. The Commission for Citizenship and Gender Equality (CIG).
-- C. What are the limitations on the government's ability to address this problem in practice? For example, is funding for police or other institutions inadequate? Is overall corruption a problem? Does the government lack the resources to aid victims?
In spite of serious financial constraints, the current government has made serious efforts to address the trafficking problem by providing supplementary funds to agencies linked to the CAIM project. Given the importance placed by the government on combating trafficking, additional funds have been made available for police training and for subsidies to NGOs that shelter and assist victims, as well as for the establishment and operation of the Monitoring Center for Trafficking. ACIDI depends on government funds and has received extra resources to address trafficking.
Overall corruption is not a problem.
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The government has increased resources to aid victims. It places victims in its government-funded safe house for trafficking victims (See paragraph 26B), and continues to refer victims to NGOs, for both protection and assistance. One of these NGOs, APAV, has a funding agreement with the government, receiving public subsidies covering 80% of its expenses (See paragraph 26C).
-- 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?
Since January 2007 the Monitoring Center for Trafficking Victims is the official government entity specifically charged with gathering and processing trafficking data. Its website (www.caim.com.pt) makes available assessments of these anti-trafficking efforts. Upon request, it provides to regional/international organizations, privately and directly, a password for access to more detailed data. The center is further tasked with sharing the information it acquires with appropriate authorities such as the security forces, health care professionals, and the justice system, and with preparing awareness campaigns for the public in general. As an integral part of the CAIM project, the center collaborates with its CAIM partners in devising the GOP's trafficking policy responses. It also plays a key role in fostering collaborative anti-trafficking efforts with other governments.
The implementation of the CAIM project has resulted in greater coordination among police, government entities, and NGOs, making statistical data gathering more reliable and accurate. With reforms to the penal code defining trafficking as a distinct crime and broadening penalties for it, in effect since September 2007, annual statistical summaries compiled by the GOP now include TIP in its own statistical category. The Judiciary Police (PJ) and the Justice Ministry also monitor and gather trafficking statistics. Information gathering is also carried out by the government's High Commission for Immigration and Inter-Cultural Dialogue (ACIDI), the chief organization that coordinates assistance to trafficking victims and immigrants. All of these agencies work together in a concerted effort to gather and produce reliable and accurate TIP statistics.
25. (U) INVESTIGATION AND PROSECUTION OF TRAFFICKERS:
For questions A-D, posts should highlight in particular whether or not the country has enacted any new legislation since the last TIP report.
-- A. Existing Laws against TIP: Does the country have a law or laws specifically prohibiting trafficking in persons -- both for sexual exploitation and labor? If so, please specifically cite the name of the law(s) and its date of enactment and provide the exact language (actual copies preferable) of the TIP provisions. Please provide a full inventory of trafficking laws, including non-criminal statutes that allow for civil penalties
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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?
Portugal has laws specifically prohibiting all forms of trafficking in persons. They are covered in Article 160 of the revised Portuguese penal code, in effect since September 15, 2007. These laws cover both internal and external (transnational) forms of trafficking. They broaden the definition of trafficking to cover both sexual and labor exploitation, and include tougher penalties for trafficking crimes. Article 160 states the following:
1 ) Whoever offers, transfers, recruits, obtains, transports, harbors or houses a person for the purpose of sexual or labor exploitation or extraction of organs: a) Through the use of violence, kidnapping or serious threat; b) Through deception or fraud; c) Through abuse of power resulting from a relationship of hierarchical, economic, work of family dependency; d) Taking advantage of psychological incapacity or a situation of special vulnerability by the victim; e) By obtaining the consent of the person who controls the victim; is subject to a prison sentence of 3 to 10 years. 2 ) The same sentence is applicable to whomever, through any means, entices, transports, houses or harbors a minor, or transfers, offers or accepts the minor for the purpose of sexual or labor exploitation or the extraction of organs. 3 ) In the case of paragraph 2) if the agent uses any of the means stipulated in paragraph 1) or acts in a professional capacity or with monetary intentions, he/she is subject to a prison sentence of 3 to 12 years. 4 ) Whoever, through payment or other compensation, offers, transfers, solicits or obtains a minor, or obtains or provides consent for his/her adoption, is subject to a prison sentence of 1 to 5 years. 5 ) Whoever, having knowledge of the practice of the crime stipulated in paragraphs 1) and 2), uses the services or organs of the victim, is subject to a prison sentence of 1 to 5 years, if a harsher sentence is not applicable through other legal frameworks. 6 ) Whoever confiscates, hides, damages or destroys identification or travel documents of a victim of crimes stipulated in paragraph 1) and 2) is subject to a prison sentence of up to 3 years, if a harsher sentence is not applicable through other legal frameworks.
Furthermore, a new Immigration Law (Law 23/2007, Section V, Articles 109-115), in effect since July 4, 2007, includes automatic residency permits for immigrant victims of labor and sexual trafficking who agree to cooperate with authorities to bring traffickers to justice.
There are laws against slavery (Article 159 of the penal code - 5 to 15 years in prison) and the exploitation of prostitution by means of force, fraud or coercion (Article
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169 - 1 to 8 years in prison.)
Traffickers may also be prosecuted under other laws, such as labor-related crimes. By citing the violation of multiple provisions, judges may hand down longer sentences. On January 19, 2008, Portugal ratified the Council of Europe Convention on Action against Trafficking in Human Beings.
-- B. Punishment of Sex Trafficking Offenses: What are the prescribed and imposed penalties for trafficking people for sexual exploitation?
The penalty for traffickers of people for sexual exploitation is 3 to 12 years (See paragraph 25A)
-- C. Punishment of Labor Trafficking Offenses: What are the prescribed and imposed penalties for trafficking for labor exploitation, such as forced or bonded 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 trafficking in the destination country? If your country is a destination for labor migrants, are there laws punishing employers or labor agents who confiscate workers' passports or travel documents for the purpose of trafficking, switch contracts without the worker's consent as a means to keep the worker in a state of service, or withhold payment of salaries as means of keeping the worker in a state of service?
The penalty for traffickers of people for labor exploitation is 3 to 12 years (See paragraph 25A) The new trafficking laws provide for criminal punishment for labor recruiters in labor source countries who engage in recruitment of laborers using knowingly fraudulent or deceptive offers that result in workers being trafficked in the destination country. The laws punishing employers or labor agents who confiscate workers' passports or travel documents, switch contracts without the worker's consent as a means to keep the worker in a state of service, or withhold payment of salaries as means of keeping the worker in a state of service are: Articles 159 (slavery, up to 15 years in prison) and 160 (trafficking - up to 12 years in prison.)
Before the revisions to the penal code went into effect, employers were held responsible for crimes under specific labor laws, outside of the penal code. Under the revised penal code, employers are now held criminally accountable for trafficking crimes and slavery.(See paragraph 25E for convictions)
-- 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)
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The Portuguese penal code stipulates penalties of up to 10 years imprisonment for rape or forcible sexual assault.
-- E. Law Enforcement Statistics: Did the government prosecute any cases against human trafficking offenders during the reporting period? If so, provide numbers of -- receive military training while at Sawa.
E) Progress Toward Eliminating the Worst Forms of Child Labor
21. (SBU) The GSE has not provided any specifics regarding the information requested.
22. (SBU) Observations indicate a significant number of children work on the street, in the agricultural sector, and as domestic servants. In rural areas, children often work on family farms and in subsistence farming, engaging in such activities as fetching firewood and water, and herding livestock. Children are expected to
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work from about the age of 5 by looking after livestock and working in the fields. In urban areas, some children work as street vendors of cigarettes, newspapers, or chewing gum. There are also underage apprentices in shops and workshops such as garages or metal workshops.
23. (SBU) There have been unconfirmed reports that forced labor by children occurred in the past, but there was no information available on the practice in 2008. In the past some boys were trafficked from Eritrea to Kuwait to work as camel jockeys; however, press reports in spring 2006 stated that these children had been returned to Eritrea. There is a lack of data on the commercial sexual exploitation of children in Eritrea. Some believe that the conflict with Ethiopia and related internal displacement of the population and presence of foreign soldiers has increased the risk of the commercial sexual exploitation of children. UNMEE states there were no reports of child sexual exploitation incidents involving UNMEE personnel in 2008.