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Cablegate: Spain: Tip Action Guide to Combat Tip (2008-2009)

VZCZCXRO9112
PP RUEHLA
DE RUEHC #5695/01 3041357
ZNR UUUUU ZZH
P R 301346Z OCT 08
FM SECSTATE WASHDC
TO RUEHMD/AMEMBASSY MADRID PRIORITY 9993
INFO RUEHLA/AMCONSUL BARCELONA 2548

UNCLAS SECTION 01 OF 04 STATE 115695

SIPDIS

E.O. 12958: N/A
TAGS: KCRM KWMN KTIP PHUM PREL SMIG SP
SUBJECT: SPAIN: TIP ACTION GUIDE TO COMBAT TIP (2008-2009)

REF: 10/20/08 ZERDECKI-BUCKNEBERG EMAIL WITH FINAL
ELECTRONIC ACTION PLAN

1. This is an action request (see para 5).

2. The 2008 Trafficking in Persons Report rates countries as
Tier 1 when host governments are fully meeting the minimum
standards to combat trafficking in persons (TIP) as defined
by the Trafficking Victims Protection Act (TVPA). Remaining
on Tier 1, however, is not guaranteed; governments must
continue to demonstrate appreciable progress and continued
full compliance with the minimum standards. All countries
will be reassessed annually to determine whether they
evidence satisfaction of all of the minimum standards. Tier
1 countries are subject to slipping to Tier 2 if they do not
fully comply with the minimum standards, but do continue to
show significant efforts.

3. Please keep in mind the TIP Report measures host
government efforts. To be useful for tier placement
purposes, there should be a concrete role or tangible
value-added by a host government in activities by NGOs,
international organizations, or posts.

4. The following explains steps the government needs to take
in order to continue to fully comply with the Minimum
Standards for the elimination of trafficking, and therefore
qualify for a continued Tier 1 ranking, and offers
suggestions to address specific areas of concern highlighted
in the 2008 TIP Report. Legal standards are excerpted from
the Trafficking Victims Protection Act, as amended.
Implementation Principles are excerpted from guidance issued
in 07 State 150188 (October 29, 2007) and are not specific to
any country or region. Country-specific points are not
exhaustive, but offer steps and possible ways to address
specific areas of concern. The Department assesses
government efforts each year. All governments must show
concrete evidence of serious and sustained efforts in
eliminating severe forms of trafficking from the previous
year. Tier ranking determinations will be based on the
government,s efforts to comply with the Minimum Standards to
Combat TIP during the April 2008 - March 2009 reporting
period.

5. Begin action request: Post is requested to explain to
the host government the areas of specific concern noted in
the TIP Report and suggested areas to continue to comply
fully with the minimum standards (and thus continued Tier 1
placement). Post may offer steps below to the host
government as possible ways to address specific areas of
concern. While the list is not exhaustive, it should focus
the host government on deficiencies in meeting the minimum
standards and examples of ways to overcome them. As every
year, the Department will weigh the government,s level of
support and participation in reported activities, as well as
the efficacy and sustainability of government actions, in
light of its resources and capabilities.

Begin Action Guide and internal numbering.

1. Legal Framework: The government should criminally prohibit
TIP and punish such acts.

(A) For TIP crimes, punishment should be prescribed that is
commensurate with that for grave crimes, such as forcible
sexual assault.

(B) For TIP crimes, punishment should be prescribed that is
sufficiently stringent to deter and that adequately reflects
the heinous nature of the offense.

Implementation Guideline: At minimum, governments must
criminalize and prescribe penalties for all forms of
trafficking relevant in the country, including forced labor.
This must include the elements of "severe forms of
trafficking in persons" -- force, fraud, and coercion.
Although desirable, this need not be accomplished through a
comprehensive law, so long as relevant elements of
trafficking, specifically including fraud/deception and
coercion along with force, are covered by the country's laws.
Sanctions for sex trafficking should be on par with rape.
The prescribed penalties for sex trafficking crimes or
trafficking involving rape, kidnapping or death should be
substantially similar to those for rape, taking into account
the full range of sentences available. Consistent with the
UN Convention Against Transnational Organized Crime, criminal
penalties to meet this standard should include a maximum of
at least four years deprivation of liberty, or a more severe

STATE 00115695 002 OF 004


penalty.

COMPLIANCE: The government was in full compliance as
reported in the 2008 TIP Report.

Positive results that should be maintained:

-- Spain prohibits all forms of trafficking in persons though
Article 318 of its Criminal and Penal Code. The prescribed
penalty for sex trafficking is five to 15 years'
imprisonment, and the penalty for labor trafficking is four
to 12 years in prison. These are sufficiently stringent, and
the penalties prescribed for sex trafficking are commensurate
with the prescribed penalties for rape.

2. Prosecution and other Law Enforcement Efforts: The
government should show serious and sustained efforts to
combat TIP by vigorously investigating and prosecuting TIP
acts, and convicting and sentencing persons responsible for
such acts.

(A) The government must provide data regarding
investigations, prosecutions, convictions, and sentences,
consistent with its capacity to do so, or it shall be
presumed not to have vigorously investigated, prosecuted,
convicted or sentenced such acts.

Implementation Guideline: All governments, consistent with
their capacity to do so, are required to submit full
comprehensive data on trafficking enforcement actions,
including length of sentences actually imposed on convicted
traffickers, as evidence of their vigorous law enforcement
efforts. Imposed sentences should involve significant jail
time, with a majority of cases resulting in sentences on the
order of one year imprisonment or more, but taking into
account the severity of an individual's involvement in
trafficking, imposed sentences for other grave crimes, and
the judiciary's right to hand down punishments consistent
with that country's laws. Convictions obtained under other
criminal laws and statutes can be counted as trafficking if
the government verifies that they involve trafficking
offenses.

COMPLIANCE: The government was fully compliant as reported
in the 2008 TIP Report.

Positive results that should be maintained and/or exceeded:
-- The Government of Spain demonstrated strong efforts to
combat trafficking through law enforcement in the last year.
The government implemented new legislation in 2007 that
increased prescribed penalties for trafficking by two to six
years in prison if the offender is found to be part of a
criminal organization, and passed additional legislation in
2007 that allows Spanish courts to prosecute cases of
trafficking that have occurred outside Spain,s borders.
During the reporting period, police arrested 530 individuals
for sex trafficking and 161 for labor trafficking.
Government officials prosecuted 102 trafficking cases,
convicted 142 trafficking offenders, and imposed an average
prison sentence of 4.6 years on those convicted. Over 67
percent of these sentences were greater than four years, and
approximately 25 percent of the convictions resulted in a
fine and/or suspended sentence. Spain announced in early
2008 that it would allot $8.6 million to fund an
anti-trafficking cooperation agreement with several Central
American countries.
3. Victim Protection and Assistance: The government should
demonstrate serious and sustained efforts to combat TIP by
protecting TIP victims and encouraging their assistance in
the investigation and prosecution of their traffickers.
Protection should include:

(A) provisions for legal alternatives to victims, removal to
countries in which they would face retribution or hardship.

(B) ensuring that victims are not inappropriately
incarcerated, fined, or otherwise penalized solely for
unlawful acts that were committed as a direct result of being
trafficked.

Implementation Guideline: Critical factors considered in
whether a country fully satisfies this part of the minimum
standards are: (1) Formal, systematic screening procedures
that proactively identify victims and guide law enforcement
and other front line responders in the process of victim
identification. (2) Shelter, health care, and counseling
should be available to victims, allowing them to recount
their trafficking experience to trained social counselors and
law enforcement at a pace with minimal pressure. Shelter and
care may be provided in cooperation with NGOs, but part of
the government,s responsibility includes funding and
referral to NGOs providing services; to the best extent

STATE 00115695 003 OF 004


possible, trafficking victims should not be held in
immigration detention centers, or other detention facilities.
Factors also considered and strongly recommended for
favorable placement are: (1) Victim/witness protection,
rights and confidentiality; i.e., governments should ensure
that victims are provided with legal and other assistance and
that, consistent with its domestic law, proceedings are not
prejudicial to victims' rights, dignity or psychological
well-being; and that victims are provided information in a
language they understand. (2) Source and destination
countries share responsibility in ensuring the safe, humane
and, to the extent possible, voluntary
repatriation/reintegration for victims. At a minimum,
destination countries should contact a competent governmental
body, NGO or IO in relevant source country to ensure that
trafficked persons who return to their country of origin are
provided with assistance and support necessary to their
well-being. Trafficking victims should not be subjected to
deportations or forced returns without safeguards or other
measures to reduce the risk of hardship, retribution, or
re-trafficking.

COMPLIANCE: The government was fully compliant as reported
in the 2008 TIP Report.

Positive results that should be maintained and/or exceeded:

-- The government sustained impressive efforts to provide
care for trafficking victims during the reporting period. In
2007, Spain increased funding to anti-trafficking NGOs
providing care to victims. Spanish police continued
informally to refer rescued victims to NGOs providing
temporary shelter and rehabilitation services. Victims
receive medical assistance, including emergency care, through
the national health care system. The police identified 1,035
sex trafficking victims and 445 labor trafficking victims in
2007. The government encourages foreign victims to assist in
trafficking investigations and prosecutions by providing work
and residence permits to victims choosing to assist, giving
them the option of either permanent residence status or
funding to return to their own countries after the
prosecution. There is no indication that victims are
inappropriately incarcerated, fined or penalized for unlawful
acts committed as a direct result of being trafficked.

Recommendation for measures to ensure that the country fully
complies with Minimum Standards:

-- Establish a formal referral mechanism and procedures for
proactive victim identification.

4. Prevention: The government should demonstrate serious and
sustained efforts to combat TIP by adopting measures to
prevent TIP, such as:

(A) steps to inform and educate the public, including
potential victims, about the causes and consequences of TIP,

(B) measures to reduce the demand for commercial sex acts and
for participation in international sex tourism by nationals
of the country,

(C) measures 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 in
persons or exploit victims of such trafficking, and

(D) measures to prevent the use of forced labor or child
labor in violation of international standards.

Implementation Guideline: The government should provide/fund
a hotline or similar mechanism that offers victims and
potential victims assistance/information about TIP. Per the
new amendments to the Minimum Standards, starting with the
April 2007 - March 2008 reporting period to be covered in the
2008 TIP Report, countries should, for example where
applicable: (1) Reduce demand for commercial sex acts:
Implement or support some form of visible awareness campaign
that educates the clients of the sex trade (and potential sex
trafficking victims) if the country has a significant sex
trafficking problem, or a campaign that targets those who
form the demand for victims of forced labor about the nature
of the relevant form of TIP. Nations with legalized
prostitution should make additional efforts to identify TIP
victims proactively among those in prostitution in the
legalized sex trade. This includes the systematic and
sensitive screening of persons in the legalized sex trade.
(2) Address child sex tourism: Countries that have a
significant number of nationals traveling abroad as child sex
tourists should undertake an awareness campaign that targets
tourists traveling to known child sex tourism destinations.
(3) Address trafficking and exploitation committed by

STATE 00115695 004 OF 004


multinational peacekeepers: Governments with more than 100
troops on peacekeeping or other similar missions abroad
should provide anti-TIP training for these troops (directly
or through multilateral efforts), and should investigate and,
if appropriate, prosecute any allegations of trafficking
crimes or crimes of facilitating trafficking or exploiting
trafficking victims committed by these troops abroad and
referred to it by the UN or another competent organization.

COMPLIANCE: The government was fully compliant as reported
in the 2008 TIP Report.

Positive results that should be maintained and/or exceeded:

-- Spain sustained efforts to raise awareness about
trafficking over the past year. The Spanish government
instituted a toll-free hotline that offers trafficking
victims and potential victims information. Regional offices
of the national police conduct quarterly reviews to set goals
for combating trafficking and to assess progress. Spain,s
draft National Integral Plan Against Trafficking in Persons
includes a government pledge of almost $45 million per year
and the dedication of over 200 new police and civil guards to
its enforcement. Local governments continued
demand-reduction campaigns. The city of Madrid targeted
potential sex solicitors with the slogan, &Do not contribute
to the perpetuation of 21st Century Slavery.8 Spanish
military troops deploying abroad as international
peacekeepers received anti-trafficking training through
participation in multilateral training efforts. Under the
motto &There Are No Excuses,8 the Spanish government warned
travelers against child sex tourism. In January 2008, the
Ministries of Labor and Social Affairs and Foreign Affairs
teamed up with Save the Children to host an international
conference on child trafficking, which addressed child sex
tourism.

Recommendation for measures to ensure that the country fully
complies with Minimum Standards:

-- Continue anti-trafficking awareness initiatives aimed at
educating clients of the commercial sex trade about the
causes and consequences of trafficking.

-- Implement a national action plan to combat trafficking.

-- Expand child sex tourism demand reduction campaigns.

-- Continue to seek active participation from NGOs on
anti-trafficking efforts, including policy initiatives.

5. Corruption and Official Complicity: The government should
vigorously investigate, prosecute, convict, and sentence
public officials who participate in or facilitate TIP, and
take all appropriate measures against officials who condone
such trafficking.

(A) This should include nationals of the country who are
deployed abroad as part of a peacekeeping or other similar
mission who engage in or facilitate severe forms of
trafficking in persons or exploit victims of such trafficking.

(B) The government must provide data regarding such
investigations, prosecutions, convictions, and sentences, or
it shall be presumed not to have vigorously investigated,
prosecuted, convicted, or sentenced such acts.

Implementation Principle: Governments, consistent with their
capacity to do so, must provide full comprehensive data on
actions taken against TIP-related complicity. Information on
general government corruption does
not satisfy this minimum standard, except in cases in which
specific cases of complicity are not reported by the
government or known to the USG, but where there is a
reasonable probability of such complicity within the wider
context of generalized corruption in that country.

COMPLIANCE: There were no specific cases of complicity
reported by the government in the 2008 TIP Report.

Recommendation for measures to ensure that the country fully
complies with Minimum Standards:

-- Continue to vigorously investigate and prosecute
trafficking-related corruption at all levels of law
enforcement. Share comprehensive data on investigations,
prosecutions, and convictions of complicit officials, and the
lengths of sentences imposed on those convicted, if specific
cases of complicity have occurred.

End Action Guide and internal numbering.

6. The Department appreciates Post,s continued efforts to
address trafficking in persons issues.
RICE

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