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Cablegate: Chile: Tip Report

VZCZCXYZ0016
RR RUEHWEB

DE RUEHSG #0254/01 0561229
ZNR UUUUU ZZH
R 251228Z FEB 10
FM AMEMBASSY SANTIAGO
TO RUEHC/SECSTATE WASHDC 0944
INFO 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
RUEHSG/AMEMBASSY SANTIAGO

UNCLAS SANTIAGO 000254

SIPDIS
STATE FOR WHA/PPC, WHA/BSC, G/TIP

E.O. 12958: N/A
TAGS: ELAB KTIP KCRM PHUM KWMN SMIG KFRD ASEC PREF CI
SUBJECT: Chile: TIP Report

REF: STATE 2094

1. (U) The following information is Post's submission per ref A. Some requests for statistics are still pending. Post will continue to gather information on TIP and submit relevant updates prior to April 15.

2. SUMMARY: The GOC maintained its efforts to combat TIP. Individual agencies, including the Public Prosecutor's Office (MinisterioPublico - MP, the Investigative Police - PDI, and the National Service for Minors - SENAME), dedicated resources to prevent, investigate, and prosecute TIP cases and protect TIP victims. Legislation that would strengthen Chile's existing TIP laws is under consideration in the Senate's Constitutional Committee. END SUMMARY.

REPORTING QUESTIONS
-------------------

3. Question 25 A: Information on human trafficking is available from government ministries, press reports, and NGOs. The Ministry of Interior, the Ministry of Foreign Affairs, the MP, the uniformed police (Carabineros) and the PDI provide reliable information on the number of TIP investigations, prosecutions, convictions and the legal system. The press typically provides accurate coverage of TIP issues. A small number of NGOs are active in Chile on TIP and generally provide reliable information. The International Organization for Migration (IOM) published the results of a national TIP study in March 2009. There are no government plans to undertake further documentation of human trafficking.

4. Question 25 B/C: Chile is a country of origin, transit and destination for trafficked persons. Trafficking occurs within the country's borders but, with the exception of child prostitution, is extremely hard to detect. There are no areas outside the government's control.

5. Question 25 B/C: There are a small number of known cases where Chileans are trafficked overseas. As a source country, Chilean victims have been trafficked abroad to Europe. In most cases Chilean women were recruited to be prostitutes abroad (e.g. Spain), but found conditions of employment far worse than had been described. There are no reliable estimates of the number of Chileans trafficked outside the country.

6. Question 25 B/C: As a transit country, victims are trafficked through Chile en route to other Latin American countries and possibly the U.S. Trafficking victims who transit Chile are primarily Chinese men subjected to labor exploitation. There is no conclusive evidence if organized criminal groups or independent traffickers are responsible for transiting victims through Chile. There are no reliable estimates of the number of trafficking victims who transit Chile.

7. Question 25 B/C: As a destination country, people are trafficked to Chile from China, Paraguay, Colombia, the Dominican Republic, Ecuador, Bolivia, and other poor countries in the region. People are trafficked to all parts of Chile, including Santiago, Iquique, Calama, and Temuco. Women are primarily trafficked for sexual exploitation. Men are primarily trafficked for labor exploitation and work in the mining and agricultural sectors. These trafficking victims, many of whom are Chinese, work in small, independently operated mines.

8. Question 25 D: Women are more at risk of being trafficked for sexual exploitation, and men are more at risk of being trafficked for labor exploitation. Children are at risk of being trafficked for both sexual and labor exploitation.

9. Question 25 E: Almost all trafficking cases occur as a result of deceit used in an offer of employment. Kidnapping or selling people into trafficking situations does not appear to occur in Chile. A common scheme involves women lured to Chile with the promise of a legitimate job, such as a hairdresser or masseuse, and assistance with visas and paperwork. The ""employer"" then pressures the women into prostitution and threatens to turn them in to the police or expel them from the country if they do not comply. The labor scheme that attracts Chinese workers involves job advertisements in Chinese newspapers that promise employment, reliable wages and assistance with visas and transportation. Children are sometimes recruited by drug traffickers to serve as drug mules across the porous borders between Chile, Peru, and Bolivia.

10. Question 25 E: The traffickers/exploiters are most likely small or family-based crime groups and independent business people. Most victims enter Chile using legitimate travel documents, but some enter the country illegally through porous borders. Victims trafficked from other Latin American countries predominantly enter Chile by land, but victims from other regions such as Asia enter by air. Employment, travel/tourism agencies or marriage brokers are not known to be involved with or fronting for traffickers or crime groups to traffic individuals.

11. Question 26 A/B: The government acknowledges that trafficking is a problem, and has taken steps to address the issue. The MP and PDI are the most active Chilean government agencies. The Ministry of Interior technically leads the Interagency Working Group on Trafficking in Persons, which is charged with coordinating all government actions on TIP -- including prevention, investigation, prosecution, and victims' assistance, with a special focus on women and children. The group includes representatives from the following organizations: Ministry of Foreign Relations, Ministry of Justice, Ministry of Labor, National Intelligence Agency, National Women's Service (SERNAM), National Service for Minors (SENAME), PDI, Carabineros, and the MP. The Interagency Working Group did not meet in 2009, however, and several representatives noted that the Working Group exists in name only and is not active.

12. Question 26 C: Chile's ability to address trafficking is limited by existing laws and a lack of human and financial resources. The current law, discussed in detail in paragraph 18, does not criminalize labor exploitation or internal trafficking. Much of the police force has never received training on trafficking, and prosecutors sometimes do not pursue cases because of the difficulty of obtaining convictions under the current law. Victims' assistance and prevention efforts do not receive sufficient funding. Overall corruption is not a problem, but there have been isolated incidents of police involvement in child prostitution. There is limited awareness among the general population about the issue of trafficking.

13. Question 26 C: The Senate continued to evaluate a draft law that would strengthen Chile's anti-TIP legislation. The draft law, originally introduced in 2005, was passed by the Chamber of Deputies in 2007 and is currently under review by the Senate's Constitutional Commission. It also needs to be reviewed by the Senate's Human Rights Commission before a final Senate vote. The minimum sentence proposed in the draft law is 5 years and a day, the maximum sentence being 15 years. The sentences are the same in the case of trafficking in minors, with the exception that in the case of minors it is not necessary to demonstrate the use of force, intimidation, or deceit to categorize the crime as trafficking. This would increase current minimum penalties for TIP cases and decrease the maximum for cross-border sex trafficking. The draft law also identifies trafficking for the purpose of labor exploitation as a crime, thus addressing a major weakness in the current penal code. Passage of this law would close an important loophole in Chile's anti-TIP efforts. For example, under the new law police and prosecutors could investigate, arrest, and prosecute traffickers who exploit Chinese, Peruvians and Bolivians working in the mining and agriculture sectors.

14. Question 26 D: The Interagency Working Group on Trafficking in Persons is charged with systematically coordinating Chile's anti-TIP efforts, but its efforts are limited. Many of the group members note that the Ministry of Interior does not have adequate staff or resources to lead the group and complain that there is a lack of leadership. The group did not meet during the reporting period. Individual agencies that are part of the group systematically monitor specific aspects of Chile's anti-TIP efforts. The MP, for example, maintains accurate statistics on the number of TIP investigations, prosecutions, and convictions. They also conduct annual public meetings to discuss their work, including TIP. The Carabineros and PDI also provide public accounting of their anti-TIP efforts, including prevention programs and professional training.

15. Question 26 E: Chile has a comprehensive civil registration system that accurately identifies and tracks birth registration, citizenship, and nationality for people born in Chile. Chile conducts a nationwide census every ten years.

16. Question 26 F: Chile is generally capable of gathering data required for an in-depth assessment of law enforcement efforts. In response to increasing concerns about child prostitution, the MP implemented a plan in July 2009 to investigate high risk areas for child prostitution. The MP, working with the police, mapped the most common areas for commercial sex acts and directed increased resources to detect child prostitution. Chile also shares information with neighboring countries and international organizations to understand emerging trafficking trends. INTERPOL maintains an office in Santiago, thus promoting information sharing among Chilean and international police organizations.

17. Question 26 F: Chile's long, porous borders with Peru, Argentina, and Bolivia are the main gaps in gathering more information about trafficking patterns. There are many unmanned border crossings where human trafficking could take place. Given the rough terrain and length of Chile's borders with Peru, Argentina, and Bolivia, there are few solutions to work around this gap.

18. Question 27 A: No change from last year. Trafficking is defined as a cross-border activity for the purpose of prostitution under Penal Code Law 19.927, Article 367 bis. Thus, recruiting women from another country to work as prostitutes willingly would qualify as human trafficking under Chilean law. Use of deception or other aggravating factors increases penalties. Other provisions of the law target TIP-related crimes within Chile. The laws currently in place that could be used to prosecute traffickers are those governing sexual crimes (rape, sexual abuse, and child pornography), criminal association, and kidnapping. There are legal protections for potential victims that are focused on children, regardless of national origin. In addition, Chile joined international efforts to ban slavery when it ratified the International Convention on Civil and Political Rights in May 1972. Chile also signed the Organization of American States' San Jose Pact. Article 6 of this agreement prohibits slavery and forced labor. Chile ratified the Palermo Protocol in February 2005.

19. Question 27 B: No change from last year. Under current legislation, persons suspected of trafficking for sexual exploitation would be convicted under one of the sexual crimes laws noted above or another law (i.e., criminal association). A person convicted of trafficking an adult (defined in Chile as recruiting a prostitute across an international border) can be sentenced to three years and a day up to five years. The range increases to five years and a day to 20 years in cases which would be considered TIP by USG law: if violence or intimidation were used if deceit, or abuse of authority or trust were used if the convicted person is a relative, spouse, guardian of the victim or in charge of his/her care if convicted of trafficking a minor for sexual exploitation if the trafficker took advantage of the victim's economic situation or if the trafficker has demonstrated a pattern of such criminal conduct.

20. Question 27 C: No change from last year. Trafficking for labor exploitation is not currently identified in Chile's criminal code. The only penalty given to people who have used trafficking victims to provide labor is a fine for illegal immigration. Even this fine is rarely imposed because victims must first be discovered by the police, and must be shown to be here illegally. This rarely happens. [Bolivian and Peruvian victims, for example, rarely self-identify as they often do not consider themselves victims since their situation may be no worse that it was in their country of origin. Chinese workers typically are in the country legally.] Then, the immigration officer who made the discovery must testify in court against the farm/business owner employing the trafficking
victim. Given limited resources, such effort is rarely made. The government does not actively investigate most cases of labor trafficking because it not a crime in Chile. Slavery is a crime in Chile, and if authorities were to detect instances of such a crime, Post believes they would act. No recent cases of labor trafficking have involved holding people against their will. Instead, labor trafficking in Chile involves changing the circumstances (salary, hours) of employment, withholding salaries, or confiscating passports or travel documents.

21. Question 27 D: No change from last year. The penalties for rape and forcible sexual assault, five years and a day to 20 years as defined under Penal Code Law 19.927, Article 361, are comparable to those for sex trafficking.

22. Question 27 E: From January to December 2009, the government opened 146 TIP cases. Sixteen cases dealt with soliciting sex with minors, 108 cases dealt with promoting or facilitating prostitution of minors, and 22 cases dealt with cross-border trafficking in persons. During 2009, the courts handed down 42 convictions -- eight in cases of soliciting sex with minors, eight in cases of promoting or facilitating sex with minors, and 26 in cases of cross-border trafficking in persons. In the cross-border trafficking cases, 25 of the 26 convictions were in cases that were handled under an abbreviated process (not a full public oral trial). Post will submit updated law enforcement statistics separately.

23. Question 27 F: Yes, the government provides specialized training for law enforcement and immigration officials on identifying and treating victims of trafficking. The government, along with IOM, conducted eight training sessions for over 600 law enforcement officials during the reporting period. Uniformed and investigative police, prosecutors, and prison officials received training on detecting and prosecuting trafficking cases. Training took place throughout the country, including Santiago, Punta Arenas, Arica, and Iquique.

24. Question 27 F: Chilean law enforcement officials also participated in USG sponsored TIP training. Seven Chileans attended the March 2009 ILEA Lima TIP course and nine Chileans participated in the September 2009 ILEA Lima TIP course. Government officials from the Interagency Working Group on TIP attended a September 2009 digital video conference organized by Embassy Santiago with a TIP expert on victims' assistance.

25. Question 27 G: Yes, Chile cooperates with other governments in the investigation and prosecution of trafficking cases. The MP and PDI have worked with neighboring countries to investigate and prosecute TIP cases. The MP signed TIP cooperation agreements with Paraguay, Bolivia, and the Dominican Republic and provided training to 250 prosecutors in those countries.

26. Question 27 H: Chile has extradition treaties with many countries, and does extradite individuals for criminal offenses on a case-by-case basis. The U.S. and Chile signed a new extradition treaty in January 2010. The treaty, which still needs to be ratified, will enhance law enforcement cooperation and extradition of Chilean nationals wanted on charges in the U.S. Post is not aware of any cases in which third countries have requested the extradition of individuals, whether Chilean or other nationality, for trafficking offenses.

27. Question 27 I: There is evidence of isolated government involvement in trafficking at a local level. In 2007, Chilean officials uncovered a child prostitution ring in Valparaiso. During the investigation, there were allegations of police involvement and an official internal investigation was opened by the PDI and the MP. The internal investigation ended in March 2009 without any charges, but subsequent media reports showed a link between police officials and the leader of the child prostitution ring. The MP named a special prosecutor in June 2009 and opened a new investigation. In July 2009, six active officials from the PDI and two former officials were charged with facilitating underage prostitution. They are awaiting trial.

28. Question 27 J: The government fully prosecutes officials who engage in any form of human trafficking. Six active police officials were charged in July 2009 for facilitating underage prostitution and are awaiting trial. They face up 5 years and 1 day in jail if convicted. The PDI conducted an internal investigation into official involvement in the child prostitution ring. The six active officials were suspended for one month during the internal investigation. They were later re-instated as part of the administrative process to allow them to respond to the internal investigation. They were assigned office duties.

29. Question 27 K: Chile currently has soldiers deployed abroad in a peacekeeping mission in Haiti. There is no evidence that Chilean forces engaged in or facilitated severe forms of trafficking or exploited victims of such trafficking. Post believes the government would vigorously investigate and prosecute forces if abuses took place.

30. Question 27 L: Chile does not have an identified child sex tourism problem. Chilean nationals engaging in child sex tourism can face criminal charges on return to Chile, but there have been no such cases to date.

31. Question 28 A: No change from last year. Victims of trafficking are eligible for the same benefits as other victims and witnesses under the MP's Division of Attention and Protection of Victims and Witnesses (URAVIT), and the government does provide these benefits in practice. IOM facilitates and funds the voluntary repatriation of foreign victims through its Assistance to Victims of Trafficking (AVOT) program. In the case of a minor victim, the GOC (SENAME) works with the government of the country of origin to ensure that the victim will be returned to family so that the minor is not simply re-trafficked. SENAME provides shelter for the minor during the coordination process with the relevant government (most often Peru or Bolivia).

32. Question 28 B: No change from last year. There are no government-run shelters or drop in centers, nor are there specialized facilities dedicated to helping adult victims of trafficking. The GOC provides victim assistance to trafficking victims and other victims of violent crime regardless of nationality.

33. Question 28 B/C: Juvenile victims are assisted by SENAME and its network of NGO programs and centers that provide rehabilitation, counseling and other services. Juvenile courts direct the placement of a juvenile victim in a particular program. Where possible, without placing the child at risk, SENAME tries to place juvenile victims in rehabilitation with family. It does not have a network of foster families prepared to take in victims of Commercial Sexual Exploitation of Children (CSEC). However, SENAME does have residential centers throughout the country for children and youth who cannot be placed with family, and two of these centers are exclusively for CSEC victims. The CSEC centers are located in the Santiago Metropolitan Region and the southern Region de Los Lagos, are operated by NGOs under contract with SENAME, and have room for 32 minors. SENAME has 16 additional specialized residential centers for minors in ""highly complex"" situations, including CSEC. Eight of these residential centers are run directly by SENAME and eight are run by NGOs.

34. Question 28 B, C: Minor victims of commercial sexual exploitation receive specialized attention at one of 14 SENAME CSEC walk-in centers located in 9 of Chile's 15 regions, which had a budget of just under USD 2 million in 2009 and space for nearly 700 children and adolescents. SENAME assisted 977 children and adolescents in these centers from February 2009 through January 2010. SENAME has already secured the budget to open two more walk-in centers during 2010. SENAME also runs 48 ""Specialized Integral Intervention"" (SII) programs for at-risk children and youth in all of Chile's regions, including (but not limited to) victims of commercial sexual exploitation. SENAME opened one new SII in 2009 and 14 new SII programs will be opened in February 2010 throughout the country. SENAME will then have space to assist approximately 2,862 children nationwide in SII programs. The 2010 budget for all 62 SII programs is approximately USD 8.0 million, up from 5.8 million in 2008.

35. Question 28 C: Minor victims of commercial sexual exploitation receive legal services through SENAME's network of seven legal representation programs in the regions of Valparaiso, Bio Bio, Los Lagos and the Santiago Metropolitan Region. Lawyers from the programs will represent the minor in court and seek restitution. Attorneys are also available to provide services at the CSEC walk-in programs (see para 34), at municipal-level Offices for the Protection of Children's Rights, or at SENAME regional offices. SENAME legal experts coordinate with the MP's URAVIT when necessary.

36. Question 28 C: In the case of adult victims, the MP's URAVIT manages the care of adult trafficking victims for cases under prosecution. This program employs professional psychologists and medical personnel to ensure victims receive appropriate support and may refer victims to other government or NGO assistance programs as appropriate. If the victims are in a relatively isolated district in which the MP does not have solid medical referrals within the state system, the MP will hire a medical doctor or psychologist out of its budget. The MP will secure hotel rooms for victims and facilitate their participation in the investigation and an eventual trial. The URAVIT has its own budget, designated separately from the rest of the MP budget. The MP does not break down this budget by crime type.

37. Question 28 C: The Ministry of the Interior runs Centers for Assistance of Victims of Violent Crime (CAVDV) in the Santiago Metropolitan Region and one in Concepcion. These centers provide information to victims and make referrals to other government or NGO assistance programs as needed. The CAVDV also runs a toll-free hotline. JENAFAM has a Center for Attention to Victims of Sexual Abuse within its Criminology Institute (INSCRIM/CAVAS) which provides counseling and psychological assistance, with a special focus on minors. The CAVAS program is located in the Santiago Metropolitan Region and is in the process of being expanded to other regions of Chile.

38. Question 28 D: The GOC will not deport victims who desire to remain in Chile during legal proceedings against their traffickers. During 2009 the Public Ministry developed a protocol with the Migration Department of the Ministry of Interior to secure humanitarian visas for trafficking victims who wish to stay in Chile. IOM and MP officials point out that, due to the lack of awareness among border and other law enforcement officials, it is likely that some trafficking victims go unidentified and are simply deported.

39. Question 28 E: No change from last year. There are no long term government shelters or housing benefits available to trafficking victims.

40. Question 28 F: While there is no formal referral process, persons identified as victims of trafficking will be given care as outlined in para 31.

41. Question 28 G: There are no centralized statistics available on the number of TIP victims nor how many are referred to assistance programs. The only firm statistics available are based on investigations opened (see para 22). All adult victims detected by law enforcement are assisted by the URAVIT and all child victims by SENAME. Nearly all NGOs that assist TIP victims receive some government funding. See para 35 for child victim statistics.

42. Question 28 H: No change from last year. The government's law enforcement, immigration, and social services personnel do not have a formal system of pro-actively identifying victims of trafficking. Organizations - particularly law enforcement agencies and IOM - collaborate when victims are detected.

43. Question 28 I: No change from last year. Trafficking victims are generally not treated as criminals or prosecuted for crimes they committed as part of their trafficked condition (i.e. prostitution or immigration/work permit violations). Victims' names are generally not released, although they are recorded by their initials in public records. Victims, particularly juvenile victims, can be placed in protective custody. Adult victims are generally referred to a regional MP victims' assistance program and provided shelter, food, and other services. Victims of labor exploitation may simply be deported, as there is no law under which to try their traffickers.

44. Question 28 J: No change from last year. The MP encourages victims to assist in the investigation and prosecution of their traffickers. Many assistance programs for juvenile victims attempt to elicit information from victims for use in prosecutions. Victims may file civil suits against traffickers for damages. Cross-border trafficking victims are not allowed to work while the investigation and prosecution of their trafficker(s) are underway. Trafficking victims are allowed to leave the country if not facing other charges. In fact, victims may testify before a judge, prosecuting attorney, and defense attorney on tape, providing testimony to later be used at trial. The MP can request permission from a judge to allow foreign victims to stay in Chile to help with the investigation or to testify. However, thus far the MP has determined it more practical and humane to allow the victim to return home rather than living in limbo for the period of the trial.

45. Question 28 K: In a PRM-funded project for FY2009, IOM has teamed up with SENAME to provide five ""train-the-trainer"" seminars for 116 SENAME workers throughout Chile in the detection and treatment of child victims of trafficking, including labor trafficking. The MP, the PDI's JENAFAM and Carabineros' DIPROFAM regularly seek TIP training from IOM, which includes identifying victims.

46. Question 28 L: No change from last year. In the past, the GOC, through the MP and SENAME, provided counseling and financial aid to Chileans who had gone to Spain to be prostitutes, but found themselves in a trafficking situation.

47. Question 28 M: The following local NGOs and international organizations work with trafficking victims:

--(1) International Organization for Migration (IOM): Provides training to GOC officials, research, public awareness campaigns, support for specialized NGO centers, voluntary repatriation of foreign victims (AVOT) and lobbying on draft TIP legislation.

--(2) International Labor Organization's International Program on the Elimination of Chile Labor (IPEC) collaborates with the GOC (mostly SENAME) and other organizations on child trafficking prevention.

--(3) Raices (Roots): The premiere NGO working in trafficking issues, it works with the GOC, UNICEF and UNESCO. Raices receives about USD 150,000/year to run a treatment center in which it provides counseling for child victims of sexual exploitation and their families, health care, and educational support. It typically works with children for at least three years, and treats about 60 children at a time. Its programs are partially funded by SENAME and are part of SENAME's CSEC centers.

--(4) FundacionInstituto de la Mujer: Focuses on research on female immigrants and migrants.

--(5) Corporacion de Desarrollo de la Mujer La Morada (Corporation for Women's Development): This feminist NGO runs a Clinical and Research Center that provides psychological and medical evaluation and counseling. Its Violence Reparations Unit provides specialized attention to women and children who have been victims of domestic violence, sexual violence and abuse, including TIP. This unit has cooperative agreements with several public prosecutors' offices in the Santiago Metropolitan Area to provide assistance to victims and witnesses.

--(6) CorporacionHumanas: They are a human rights and women's rights group that does research on TIP and international litigation. Most funding comes from the Ford Foundation and Oxfam International.

--(7) PAICABI: Provides care for about 500 children who are victims of sexual exploitation or any sort of violence in the coastal cities of Vina del Mar, Valparaiso and La Serena. Its programs are partially funded by SENAME and are part of SENAME's CSEC centers.

--(8) The Diocese of San Felipe: Runs one of SENAME's CSEC centers, Markaza, in the border city of Los Andes. Markaza specializes in the detection and prevention of TIP.

--(9) Other NGO's partially funded by SENAME and that are part of SENAME's network of CSEC centers include Fundacion Tierra de Esperanza (Land of Hope Foundation) Fundacion Social Novo Millennio (New Millenium Social Foundation) Fundacion Sotto ilMonte NGO Desarrollo Cordillera (Cordillera Development)Corporacion de Oportunidad y AccionSolidaria (Corporation of Opportunity and Solidarity Action).

48. Question 29 A: The government conducted anti-trafficking campaigns during the reporting period, primarily targeting people who engage in the commercial sexual exploitation of children. In May 2009, SENAME and the National Tourism Service (SERNATUR) signed a cooperation agreement to raise awareness about commercial sexual exploitation of children in the tourism sector. Immigration documents for travelers arriving in Chile include information about the penalties for people who engage in commercial sexual exploitation of children. SENAME launched an internet campaign, Chiquititas.cl"", that uses links on adult websites to warn people that engaging in commercial sex acts with children is a crime in Chile. The internet campaign attracted more than 8,000 hits in its first week of operation. SENAME also continued its publicity program ""No Excuses"" which raises awareness about commercial sexual exploitation of children.

49. Question 29 A: The PDI and IOM continued to screen the movie Human Trafficking"" to raise awareness about TIP and alert the public to government efforts to combat the problem.

50. Question 29 B: No change from last year. Immigration controls are well developed, particularly in the airports, seaports and along the borders with Peru and Bolivia. The GOC monitors immigration and emigration for unusual patterns. However, due to the length of Chile's border, much of it uninhabited stretches of mountains or desert, it is nearly impossible to monitor all movement of persons. The PoliciaInternacional (International Police), part of the PDI, is responsible for immigration matters and border security. They are concerned about illegal migration, alien smuggling and human trafficking. The immigration police appear well trained, and frequently detect cases of document fraud and other irregularities.

51. Question 29 C: See paragraph 14.

52. Question 29 D: The government does not have a national plan of action to address trafficking in persons.

53. Question 29 E: No change from last year. Prostitution is legal in Chile. Prostitutes must be at least 18 years old, registered with the National Health Service, and undergo monthly medical examinations. It is illegal to operate a brothel, pander or pimp. These acts violate sanitation laws -- not criminal laws -- and, as such, do not carry criminal sentences. It does not appear that brothels, pimps or panderers are actively investigated or forced to dismantle their business unless a complaint is filed, or a specific accusation is made of an additional crime (such as trafficking). Recruiting people, including adults, into or out of Chile for the purpose of prostitution, however, is codified as a crime in Chile's penal code.

54. Question 29 F: Chile does not have an identified child sex tourism problem. Chilean nationals engaging in child sex tourism can face criminal charges on return to Chile, but there have been no such cases to date.

55. Question 29 G: No change from last year. Chile provides rigorous oversight of its own forces involved in peacekeeping operations (PKOs), going beyond UN requirements. All Chilean (military and civilian) personnel deploying to a PKO must attend pre-deployment training offered at CECOPAC (the Chilean Joint Center for Peacekeeping Training). CECOPAC follows the UN Standard Generic Training Modules (SGTM), and provides additional training on practices such as human rights, trafficking in persons, and compliance with internationally recognized law and order regulations. The Chilean contingent in Haiti includes members of the Carabineros and the Investigative Police working with the UN Police and under the UN Commander. In addition to the UN Police presence, the strict standards and rules of conduct placed by the UN Force Commander call for constant monitoring for compliance on human rights issues by the UN contingent on the ground.

56. Question 30 A: The government engages with IOM and local NGOs to raise awareness about human trafficking and provide resources to combat it. The PDI and Carabineros receive training from IOM. SENAME and the MP coordinate victims' services with IOM and NGOs.

57. Question 30 B: The government cooperates with other countries on trafficking investigations and victims' assistance for foreign nationals. The Public Prosecutor's Office signed cooperation agreements with the governments of Paraguay, Bolivia, and the Dominican Republic to provide training to prosecutors (see para 25).

58. POC for TIP issues is Patrick Fischer, 56-2-330-3394. Embassy officers spent the following time on this report:
Pol/Econ officer: 40 hours
Pol/Econ specialist: 20 hours
Senior Political Officer: 2 hours
Pol/Econ Counselor: 2 hours

SIMONS

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