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Cablegate: Costa Rica's 2004 Trafficking in Persons Report

This record is a partial extract of the original cable. The full text of the original cable is not available.

UNCLAS SECTION 01 OF 28 SAN JOSE 000488

SIPDIS

SENSITIVE

DEPT FOR G/TIP ROWEN, WHA/PPC, WHA/CEN BBOYNTON, G, INL,
DRL, PRM, AND IWI
STATE PASS AID

E.O. 12958: N/A
TAGS: PHUM PREF PGOV SMIG KWMN KFRD KCRM PREL ELAB ASEC CS
SUBJECT: COSTA RICA'S 2004 TRAFFICKING IN PERSONS REPORT

REF: STATE 273089

1. (U) Following is Embassy San Jose's submission for the
2004 annual anti-trafficking in persons (TIP) report.
Responses are keyed to sections outlined in reftel, with the
first paragraph beginning at 18A. Post's POC for the report
is Political Officer Janae Cooley. Telephone number: (506)
519-2256. Fax: (506) 519-2364. Total number of hours spent
in preparing the TIP report: Poloff Janae Cooley: 90,
Political Assistant Hellen Sanou: 65, Political Section
Chief: 1, Consular: 1, RSO: 1, A/DCM: 2.

--------
OVERVIEW
--------
18A. (SBU) Costa Rica is a country mainly of transit,
destination and, to a lesser degree, origin for
internationally trafficked men, women, and children.
Specific numbers for each population are unavailable, but
government and non-government sources agree that women and
children constitute the majority of trafficking victims who
pass through Costa Rica. Trafficking also occurs within the
country's borders. There are currently no comprehensive
estimates as to the extent of the problem. The Ministry of
Public Security noted that the number of charges filed in
connection with sexual exploitation crimes increased
significantly last year in relation to 2003. Sources for
information on trafficking in persons include the Chief
Prosecutor's Office, the Migration Department, the Public
Security Ministry, the Women's Ministry, the Children's
Welfare Institution (PANI), the Judicial Investigative Police
(OIJ), the OIJ's special trafficking crimes investigative
unit, the Legislative Assembly, the International
Organization for Migration (IOM), the International Labor
Organization (ILO), The United Nations' Children's Fund
(UNICEF), non-governmental organizations (NGOs)Save the
Children Sweden, Defense for Children International,
Paniamor, Alianza Por Tus Derechos, Fundacion Rahab, and the
press. Women and children are the most at risk of being
trafficked, although one NGO reported that mini-vans full of
tourists have been frequenting a gay nightclub in Limon
Province that advertises young boys as an attraction.

18B. (SBU) Persons are trafficked to and through Costa Rica
from all over the world. Police and NGOs reported that main
source countries include Cuba, the Dominican Republic,
Colombia, Nicaragua, Peru, Russia, Romania, the Philippines,
China, Ecuador, and Guatemala. Governmental and
non-governmental sources agree that individuals are
trafficked internationally mainly to the United States,
Canada, Mexico, and Europe. Save the Children specified
Argentina and Spain as two destination countries.
Investigators from the OIJ's trafficking crimes unit
explained that there is a "training center" in Guatemala
where individuals are sent to learn how to avoid being
detected as bearers of fraudulent documents. The unit's
investigators said that women are not generally trafficked to
just one destination; they are moved from one location to
another. IOM reported that there is evidence of trafficked
Russian women in the southern Golfito area. IOM further
explained that it is likely that the Russians are circulated
throughout the country. IOM also reported that Dominican
women are flown to Panama, and then brought overland into
Costa Rica.

NGO Paniamor reported that trafficking activities have been
identified that are timed to coincide with the harvest
season. Women and children from neighboring countries
sometimes voluntarily travel to Costa Rica to engage in
commercial sex work with agricultural workers (banana
plantations, for example), and later fall into organized
networks of commercial sexual exploitation.

NGO Alianza Por Tus Derechos reported that Junquillal beach
in Guanacaste province is known to have several Romanians and
Russians who provide commercial sex services.

Individuals are also trafficked internally in Costa Rica.
According to the Ministry of Public Security, people from
outlying cities such as Ciudad Quesada (north of the
capital), Siquirres (east of the capital), and Quepos (south
of the capital) are trafficked to San Jose. People are also
trafficked from the capital of San Jose to the coastal areas,
especially the Pacific coastal areas of Guanacaste Province
and the Caribbean coastal town of Limon. In May 2004 IOM
received reports of internal trafficking of Costa Rican
minors who were recruited for sexual tourism and trafficked
by their victimizers. NGO Fundacion Rahab reported that it
knows of four girls who were trafficked internally from
eastern coastal Limon province to the western coastal town of
Jaco.

18C. (SBU) According to the Public Security Ministry, the
number of trafficking routes has increased in the past year.
For example, the Ministry has data about new routes to Japan
where individuals were deceived into thinking they were going
to be given legal jobs and, upon arrival, their passports
were confiscated and they were forced into commercial sex
work. According to Defense For Children International, both
the routes and the number of people trafficked have increased
in the past year. The NGO specified that the Philippines is
a new country of origin for individuals trafficked to Costa
Rica.

18D. (SBU) In August 2004, the OIJ created a new
investigative unit dedicated exclusively to trafficking and
smuggling. The unit consists of three investigators. The
investigators are mapping the routes of and nexuses between
identified traffickers. Additionally, Save the Children
Sweden began working in January 2005 with local NGO
implementing partner Paniamor to collect information from
police and border guards in order to map known trafficking
routes for the entire region of Central America.

18E. (SBU) The trafficking crimes investigation unit
reported that trafficking victims are principally forced into
commercial sex work, often in nightclubs, but some are also
used to perform manual labor. According to the ILO, the
majority of labor trafficking occurs in the domestic servant,
agriculture, and fishing industries. NGO Alianza Por Tus
Derechos reported that individuals are often promised work in
restaurants and bars, but once they arrive their documents
are confiscated and they are forced to engage in commercial
sex work. The NGO reported cases of children trafficked from
Nicaragua to beg for money in the streets in Costa Rica.

The Public Security Ministry reported that women are also
trafficked to work as escorts. Once their services are no
longer needed by their client they are returned to their
countries.

To ensure compliance with their traffickers' demands,
victims' travel documents are usually seized, and debt
bondage is common. Victims are threatened with physical harm
if they do not comply with the traffickers' demands, and the
traffickers may also threaten to harm the victims' families.
Traffickers charge their victims up to USD 10,000 for the
expenses incurred during their trip. The Public Security
Ministry explained that traffickers usually stipulate a
minimum period of six months during which the trafficked
women must engage in commercial sex work in order to pay off
the debt they owe to their traffickers. Additionally, the
Ministry has information that Romanian women trafficked to
Costa Rica have been threatened that if they refuse to engage
in commercial sex work, their families in Romania could
suffer reprisals, including kidnapping. These threats are
targeted specifically at the families because the
traffickers, in the case of the Romanian victims, provided
USD 10,000 to the families as economic assistance, and the
victims are then obliged to pay off the debt via commercial
sex work. The Ministry reported that women often seek
marriage to or a serious relationship with a wealthy local
who can pay off their trafficking debt.

NGO Alianza Por Tus Derechos reported that in June 2004 it
learned of two trafficked Nicaraguan girls working in the
northern town of Ciudad Quesada who earned money for
commercial sex work during "house parties." The female minors
had to give 60 percent of their earnings to their
traffickers. The NGO does not know what happened to the
girls.

Many Dominicans are trafficked to Costa Rica to dance in
nightclubs, where they are forced to engage in commercial sex
work under the threat of being reported to the Migration
Department if they refuse.

18F. (SBU) As a country of origin for internal trafficking,
impoverished families with low levels of education are
principal targets for traffickers. NGO Alianza Por Tus
Derechos explained that trafficking victims rarely want to
press charges against their trafficker because the GOCR
cannot provide the security needed to ensure the traffickers
do not harm the victim as a reprisal. Therefore, it is
difficult to identify the traffickers. Defense for Children
International reported that traffickers are generally
foreigners who have links with nightclubs and hotels. NGO
Fundacion Rahab reported that truck drivers who regularly
drive across the border are often trafficking women and
children in the back of their cabs. Taxi drivers also often
knowingly traffic girls to their clients.

The trafficking crimes investigative unit explained that many
times the victims are recruited by local people known to
them, possibly a neighbor or an acquaintance. The heads of
the trafficking operations, however, are mostly foreigners,
including Uruguayans, Cubans, Dominicans, Colombians, and
Americans. The unit told Poloff that Chinese individuals
generally only traffic people from China. Traffickers
sometimes provide their victims with false documents.

Methods used to approach the victims include false offers of
lucrative employment. Often females are offered jobs as
exotic dancers in nightclubs, but they are told that the
club's customers will not be allowed to touch them in any
way. Defense For Children International reported that
advertisements via internet and newspapers for hotel staff
and models are used to lure females. The Public Security
Ministry reported that there are cases of young Costa Rican
women who were lured overseas by false employment offers
promising a USD 1,500 weekly salary in addition to paid
housing.

With regard to internal and regional (between Costa Rica and
its neighboring countries of Nicaragua and Panama)
trafficking, female minors aged 12-18 are usually trafficked
in the back of semi-truck cabs. The minors are either
approached by recruiters in the street who then take them to
the vehicles, or they look for rides themselves. Sometimes
the victims already know the truck drivers. These girls are
generally extremely poor and come from families unable to
provide for them. In some internal trafficking cases, the
girls are transported to hotels in the hotels' own vehicles.

18G. (SBU) The GOCR is mainly focused on combating
commercial sexual exploitation of minors. On May 18 2004,
President Pacheco publicly committed to combat "on all fronts
and with all resources the commercial sexual exploitation of
minors." Because of a lack of resources, the GOCR places
little emphasis on the trafficking of adults. There is some
confusion within the government about the difference between
trafficking and smuggling. It is difficult for NGOs and
international organizations to work with the GOCR on
trafficking because the GOCR thinks that it is already taking
significant steps to combat the problem, which it defines
narrowly as commercial sexual exploitation of minors. There
are groups of individuals within the government who are
knowledgeable about the differences between trafficking,
smuggling, and commercial exploitation, but they are largely
at the working level. Individuals at the policy-making level
are focused on a draft Migration Bill that has now been in
the Legislative Assembly since 2001. The law would
criminalize "trafico" which is interpreted in Costa Rica as
either smuggling or trafficking. The draft bill does not
make the distinction. Investigators, prosecutors, and judges
have all commented to Poloff that the lack of a specific law
against trafficking impedes their ability to prosecute and
convict traffickers.

In broad terms, GOCR means to combat trafficking can be
divided into three categories: investigations,
capacity-building of officials involved in combating
trafficking, and legislative efforts to pass laws and decrees
for the prevention, prosecution, and eradication of
commercial sexual exploitation. The Public Security
Ministry,s commercial sexual exploitation unit consists of
23 investigators (nine in the capital and 14 in the
provinces) and 19 administrative staff. The OIJ,s
trafficking crimes investigative unit consists of three
investigators. The Public Force (which does police work)
special investigative unit created a cyber-crimes unit to
identify and break up cyber child pornography rings,
investigate pedophile rings, and contribute to the
eradication of commercial sexual exploitation under the
direction of a Special Prosecutor.

According to ILO, the GOCR has worked to establish better
migration controls. The GOCR's National Commission Against
Sexual Exploitation of Minors (CONACOES) meets regularly to
discuss efforts being taken to combat commercial sexual
exploitation of minors. The Commission is divided into three
sub-commissions: prevention, assistance for victims and their
families, and judicial affairs. IOM reported that the GOCR
participated in developing the Regional Work Plan on
Smuggling and Trafficking for the Regional Migration
Conference. Specifically, the GOCR approved a regional
information campaign on the risks and consequences of
trafficking in persons. The GOCR has also been active in the
Central American Migration Directors, Commission (OCAM).
Last year, within the context of this group, the GOCR
proposed the creation of a database that would include
information on foreigners linked to commercial sexual
exploitation of minors. In order to increase its prevention
efforts, the GOCR also proposed capacity-building for
migration officials on children,s rights and identifying
risky situations in which commercial sexual exploitation
could occur. Further, the Migration Department, in
conjunction with IOM and ILO, has offered specialized
technical training on trafficking and commercial sexual
exploitation of minors to employees of other Migration
Departments throughout the region.

18H. (SBU) NGO Casa Por Tus Derechos reported that border
officials regularly accept sexual favors in return for
allowing improperly documented adult and minor females to
cross into Costa Rica. The NGO also noted that in 2004 a
local television station produced a documentary in which it
showed traffickers on the Nicaraguan-Costa Rican border
paying off local authorities in order to get their victims
across. As a result, the officials were separated from their
duties while an administrative investigation was conducted
into the misbehavior. According to the trafficking crimes
investigative unit, it costs USD 800 in bribes to
successfully cross all of the border points between Costa
Rica and Mexico illegally. NGO Fundacion Rahab told Poloff
that in December 2004, two female minors accused two
employees of the local branch of the Comptroller General's
office in the Caribbean coastal town Limon of commercial
sexual exploitation of minors. The charges are currently
being investigated. The Public Security Ministry reported
that it has no information regarding government officials
involved with or complicit in trafficking activities.

18I. (SBU) In practice, the GOCR has substantial financial
limitations on its ability to address the trafficking issue.
The Public Security Ministry reported that it lacks the human
and financial resources needed to hire more investigators,
carry out undercover operations, acquire the necessary
technology, and pay informants. The Children's Welfare
Institution (PANI) does not have the resources to maintain
the number of shelters needed to accommodate trafficking and
commercial sexual exploitation victims who are minors. There
are no shelters specifically for trafficking victims. Save
the Children, Defense for Children International, IOM, and
ILO all reported that the government lacks the resources
needed to provide victims with the necessary rehabilitation
services. There is no systemized operation to provide
assistance to victims waiting to be repatriated.
Investigators in the specialized trafficking crimes unit told
Poloff that they regularly take up collections in their
office to feed victims who are stuck without food or a place
to stay while they wait to be sent back home. The ILO
lamented that victims assistance programs are financed mainly
by IOs and NGOs. The GOCR, according to the ILO, provides
shelter to minors and does not focus on how to keep the
minors from being re-victimized once they leave the shelter.
IOM reported that the GOCR does not have the funds to train
government officials or provide victims the rehabilitation
services they require. Save the Children reported that the
government is limited in its capacity to combat trafficking
largely because the government officials responsible for
leading the fight are not adequately trained and have
difficulties identifying the crime.

Additionally, the trafficking crimes investigative unit
investigators complained that there is little coordination
between the different organizations involved in combating
trafficking. IOM and Save the Children expressed the same
concern to Poloff, and have committed to hiring a short-term
consultant to help improve the channels of communication
between the NGOs, international organizations, and government
institutions involved. NGO Alianza Por Tus Derechos lamented
that there is an overall lack of understanding among the
population about trafficking; most people think that victims
are simply prostitutes who engage willingly in commercial sex
work. The populace, according to the NGO, does not see a
need to do anything to help "whores." The three
investigators in the trafficking crimes investigative unit
explained that they have to conduct exhaustive investigations
because they are basically searching for acceptable evidence
in order to prosecute traffickers under other related
statutes, which are hard to prove, like slavery. Finally,
lack of clarity on the difference between smuggling and
trafficking among certain areas of the government as well as
in draft legislation also limits the government's ability to
address the trafficking issue (please see paragraph 18G for
more information).

18J. (SBU) The GOCR's National Commission Against Sexual
Exploitation of Minors (CONACOES) meets regularly to discuss
efforts to combat commercial sexual exploitation of minors.
The Commission is divided into three sub-commissions:
prevention, assistance for victims and their families, and
judicial affairs.

18K. (SBU) Prostitution for individuals over the age of 18
in Costa Rica is legal. Pimping is a crime punishable by two
to five years in prison. Brothel owners and operators are
subject to the same sanctions as pimps. Article 169 of title
three of the Criminal Code states that anyone who "promotes
the prostitution of persons of any sex, or induces them to
engage in it or maintains them as prostitutes or recruits
them with this goal will be sanctioned with the punishment of
two to five years in prison." According to Article 170 of
title three, if the individuals involved are minors, or if
the pimp uses deception, violence, abuse of authority,
intimidation, coercion, or family connections or other close
relationships of confidence then the sanction is increased to
four to ten years in prison.

----------
PREVENTION
----------
19A. (SBU) The GOCR recognizes that trafficking is a
problem. As mentioned in paragraph 18G, there is some
confusion among some government officials about the
differences between trafficking, smuggling, and commercial
sexual exploitation. Some officials use the terms
interchangeably, and therefore officials may think they are
addressing the issue of trafficking when in fact they are
speaking about one aspect of it. In Costa Rica's case, the
majority of efforts and resources are focused on commercial
sexual exploitation of minors. For example, the National
Commission Against Commercial Sexual Exploitation of Minors
(CONACOES) is focused on commercial sexual exploitation, and
trafficking is considered as one modality of this type of
exploitation.

19B. (SBU) Government agencies involved in anti-trafficking
efforts include the Ministry of Public Security, the
Migration Department, the Children's Welfare Institution,
Judicial Investigative Police (OIJ), the Office of the Chief
Prosecutor, and the Ombudsman's Office.

19C. (SBU) The Migration Department conducted a national
public information campaign designed to warn tourists who
might be interested in sexual tourism. The campaign included
putting up posters in airports and placing inserts in
immigration documents that warned incoming tourists of the
sanctions against commercial sexual exploitation of minors.
There are also billboards along the routes to major beach
hotels. The GOCR also implemented a national information
campaign about commercial sexual exploitation, but the
campaign did not specifically address the issue of
trafficking in persons. Post does not have research data on
the campaign,s effectiveness.

ILO reported that the Ministry of Foreign Affairs developed
an initiative to sensitize Costa Rican diplomats to the issue
of trafficking and how to help prevent and detect it, as well
as how to respond in a timely fashion to victims they
identify. A poster display containing information about
commercial sexual exploitation and trafficking was sent to
all employees of the Costa Rican Foreign Service. A training
manual was also produced that will be used to train Costa
Rican diplomats on how to help combat trafficking in minors.
The manual is currently being printed and will be distributed
to all Costa Rican diplomatic missions. Further, the ILO and
the Migration Department provided training to border
officials on how to help prevent trafficking. The training
included instruction on the difference between smuggling of
labor migrants and trafficking; the responsibility of
migration officials to prevent, detect, and report
trafficking cases they identify; and the officials'
obligation to protect trafficking victims. Post does not
have information on the campaign,s effectiveness.

The Ministry of Public Security reported that the Migration
Department is currently working with the ILO to create a
national protocol on assistance for trafficked minors.
Additionally, the Migration Department conducted a national
public information campaign with Defense for Children
International and Save the Children Sweden on combating
smuggling and trafficking of minors. The campaign consisted
of placing pamphlets and posters in all Migration Department
offices. The Migration Department also now includes the
following language on immigration forms: "Sexual exploitation
of minors is a crime in Costa Rica. Report it by dialing
911." Post does not have information on the campaign,s
effectiveness.

NGO Paniamor reported that it has been working with the
Ministry of Public Security to provide training to police
nationwide on police intervention with children and
adolescents that are either victims or are at risk of being
sexually exploited. The Ministry and Paniamor developed a
pocket-sized manual of "Norms and Procedures" for police
intervention in such cases. Paniamor also coordinated with
the National Police Training Academy to develop a 40-hour
curriculum about commercial sexual exploitation that will be
included in the basic police-training course as of May 2005.
Post does not have information on the campaign,s
effectiveness.

19D. (SBU) Defense for Children International reported that
the GOCR supports capacity-building training for its
employees. NGO Alianza Por Tus Derechos reported that
several police officers have sought training on trafficking
from the NGO without the knowledge of their supervisors.
According to Alianza, the policemen told Alianza that their
supervisors were not supportive of their desire to receive
this training, considering it a distraction from more urgent
duties.

IOM and the Ministry of Foreign Affairs reported that the
GOCR has programs that indirectly help to prevent
trafficking. For example, the Women's Ministry has programs
that support the role of a mother in ensuring her children
remain in school; programs to support adolescent mothers; and
programs to involve women in micro-enterprise. The Ministry
also provides school vouchers and scholarships to help offset
education costs that can be prohibitive to low-income
families.

ILO reported that the Judicial Investigative Police (OIJ),
the Migration Department, and the Children's Welfare Ministry
partnered with Save the Children's effort to create a web
page containing a list of and information about minors who
have disappeared. Additionally, OIJ, the Children's Welfare
Institution, and the Public Security Ministry signed an
agreement with the International Center for Missing and
Exploited Children (ICMEC) that allows for the search and
rescue of minors who have disappeared and been subjected to
different types of exploitation.

19E. (SBU) Due to budget restraints, the GOCR is limited in
the financial resources it has available to fund trafficking
prevention programs. Instead, the GOCR has sought low-cost
alternatives to help prevent trafficking, such as the
initiatives outlined in paragraph 19D.

19F. (SBU) Investigators from the OIJ's special trafficking
crimes investigative unit, a judge from the children and
adolescence department, IOM, Save the Children, Alianza Por
Tus Derechos, and Fundacion Rahab all reported that there is
a lack of organization between the GOCR, international
organizations, and local NGOs working on trafficking. During
the course of interviews conducted to collect information for
this report, Poloff noted that on several occasions the
actors involved were unaware that their efforts were being
duplicated elsewhere within the anti-trafficking community.
To help improve the situation, IOM and Save the Children have
joined together to hire a short-term consultant to help
facilitate dialog and build institutional relationships among
the relevant organizations. Government officials and NGO
representatives both complained about the Child Welfare
Ministry's lack of responsiveness and inability to provide
necessary services to identified victims or at-risk youth.

19G. (SBU) The Migration Department reported that it has
taken actions directed at exercising better control over the
entry and exit of minors into and out of Costa Rica. IOM
reported that despite the existence of border controls at
each international border (with Nicaragua and Panama), there
are an unknown number of unofficial border crossing points
over which the border control officials have no control.
Post has no knowledge of GOCR efforts to monitor immigration
and emigration patterns for evidence of trafficking.

19H. (SBU) The National Commission Against Sexual
Exploitation (CONACOES) meets regularly to discuss efforts
being taken to combat commercial sexual exploitation of
minors. The Commission is divided into three
sub-commissions: prevention, assistance for victims and their
families, and judicial affairs. There is currently no
mechanism to coordinate communication between agencies
involved in combating trafficking (please see paragraph 19F
for more information). The GOCR does not have a
trafficking-in-persons task force. The GOCR does have a
public corruption task force, located in the Office of the
Deputy Attorney General for Ethics.

19I. (SBU) The Ministry of Public Security reported that it
cooperates with other countries' migration departments,
Interpol, and the FBI to identify and detain suspected
traffickers the Ministry is investigating. Additionally, the
GOCR partnered with the International Center for Missing and
Exploited Children (ICMEC) and created a specialized team of
60 government employees from the Public Security Ministry,
the Judicial Investigative Police (OIJ), the Children's
Welfare Institution, and Interpol with the goal of supporting
the identification and tracking of pedophiles. They intend
to do this by offering information to the general public on
commercial sexual exploitation, making computers available
for individuals to file charges against pedophiles
electronically, and training police to track internet sites
that sexually exploit minors.

The GOCR participates in the Commission of Central American
Migration Directors (OCAM)(which includes trafficking in its
general work plan) and the Regional Conference on Migration
(CRM).

Also, a declaration against commercial sexual exploitation of
minors was issued during the Sixth Conference of Ministers
and Government Employees Involved in Protecting Youth and
Adolescents Latin America, which was held in Costa Rica in
October 2004.

19J. (SBU) The GOCR does not have a national action plan to
address trafficking in persons. The National Child and
Adolescence Plan refers to prevention of trafficking and
protection of victims.

19K. (SBU) The National Commission Against Sexual
Exploitation of Minors (CONACOES) meets regularly to discuss
efforts being taken to combat commercial sexual exploitation
of minors. The Commission is divided into three
sub-commissions: prevention, assistance for victims and their
families, and judicial affairs. One of the founding members
of the Commission lamented privately to Poloff that the
Commission has not functioned properly since its creation due
to the lack of a budget. Another NGO representative also
shared this opinion with Poloff. Another NGO reported that
another difficulty with CONACOES is that the Ministries
represented do not send decision-makers to the meetings, so
it is difficult to get things done.

--------------------------------------------
INVESTIGATION AND PROSECUTION OF TRAFFICKERS
--------------------------------------------
20A-B. (SBU) Costa Rica does not have a specific law
prohibiting trafficking in persons. However, trafficking is
codified in Title III (known as the Law Against Sexual
Exploitation of Minors) and Title XVII (which deals with
human rights crimes of an international nature) of the
Criminal Code. Articles 156 to 163 of Title III were revised
in August 1999 to include sexual crimes against minors. The
reforms broadened the situations and conditions under which
such crimes are penalized.

Article 169, which criminalizes pimping, states: "Anyone who
promotes the prostitution of persons of any gender, maintains
them in prostitution or induces them to practice prostitution
or recruits them for this purpose will be sanctioned with a
prison term of two to five years. The same sentence will be
imposed for those who maintain a person in sexual servitude."


Article 170 criminalizes aggravated pimping with a 4-10 year
prison term as the penalty for individuals who: pimp minors
under 18 years of age; use deceit, violence, abuse of
authority, or exploitation of the victim's situation of
necessity; use any means of intimidation or coercion; have a
sibling or blood relationship or have a custodial
relationship or has a tutor/teacher relationship; or have a
relationship of confidence with the victim or the family,
regardless of kinship. Under Article 170, the will of the
victim (i.e. the victim's consent to engage in prostitution)
is considered irrelevant to the offense.

Article 172 deals with trafficking in persons. It says,
"Anyone who promotes, facilitates,

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