Cablegate: Usint Havana's Answer to Tip Report Questions This

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UNCLAS SECTION 01 OF 17 HAVANA 000109

SENSITIVE
SIPDIS

DEPT FOR G/TIP, G FOR LAURA PENA, INL, DRL, PRM, WHA/PPC

E.O. 12958: N/A
TAGS: KTIP KCRM PHUM KWMN SMIG KFRD ASEC PREF ELAB

SUBJECT: USINT HAVANA'S ANSWER TO TIP REPORT QUESTIONS THIS
TELEGRAM IS SENSITIVE BUT UNCLASSIFIED, PLEASE HANDLE
ACCORDINGLY.

REF: SECSTATE 02094

HAVANA 00000109 001.3 OF 017

1. (SBU)Per Reftel, USINT Havana submits the following
information for inclusion in the tenth annual Trafficking in
Persons
(TIP) report, Cuba section.

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

25. (U) THE COUNTRY'S TIP SITUATION:

-- A. What is (are) the source(s) of available information on
human trafficking? What plans are in place (if any) to
undertake further documentation of human trafficking? How
reliable are these sources?

Very little information is available about human trafficking
in Cuba. The Government of Cuba (GOC) does not publish
statistics and data about trafficking-related topics.
However, for the first time, the GOC responded to U.S.
requests to share and discuss information on trafficking by
providing excerpts from a diplomatic note it had previously
submitted to the UN High Commissioner for Human Rights. The
GOC shares limited information on trafficking in persons
(TIP) with the UN and other foreign missions (like
information about the treatment of women and children who are
victims of sexual abuse), although it does not share data or
information about incidence or prevalence.

The GOC restricts the ability of international and domestic
NGOs to operate in Cuba and there are no domestic and
international NGOs on the island that focus on trafficking.
GOC agencies involved in anti-trafficking efforts include the
Interior and Justice ministries and the Attorney General's
Office. The British Embassy reports that the UK Child
Protection Trust works with the GOC on managing two sexual
abuse treatment centers (a third is reportedly under
construction and a fourth is planned in the near future.)
However, the GOC has indicated that it now has a sufficient
number of trained personnel to go forward without the
continuing assistance of the Child Protection Trust.
International journalists and the regional NGO Women's News
Service for Latin America and the Caribbean (SEMlac) provide
some reliable information about prostitution, violence
against women and children, and GOC efforts to assist these
victims.

Other sources of information derive from working-level
exchanges of information between the GOC and the US Coast
Guard representative assigned to USINT, and from the
investigation and prosecution of the small number of US
citizens and foreign nationals imprisoned in Cuba on
trafficking-related charges.

All sources agree that, in spite of the lack of information,
trafficking does not appear to be a significant problem in
Cuba, and that the GOC generally treats the issue with
seriousness, including investigation and prosecution of those
involved in TIP.

-- B. Is the country a country of origin, transit, and/or
destination for men, women, or children subjected to
conditions of commercial sexual exploitation, forced or
bonded labor, or other slave-like conditions? Are citizens

HAVANA 00000109 002.3 OF 017

or residents of the country subjected to such trafficking
conditions within the country? If so, does this internal
trafficking occur in territory outside of the government's
control (e.g. in a civil war situation)? From where are
people recruited or from where do they migrate prior to being
subjected to these exploitative conditions? To what other
countries are people trafficked and for what purposes?
Provide, where possible, numbers or estimates for each group
of trafficking victims. Have there been any changes in the
TIP situation since the last TIP Report (e.g. changes in
destinations)?

The GOC asserts that human trafficking is exceptionally rare
in Cuba and that it should not be considered a country of
origin, transit or destination for TIP. However, since the
GOC does not publish information on human trafficking, it is
nearly impossible to accurately understand the TIP situation
in Cuba. Nonetheless, sources agree that little has changed
since the last TIP report.

It is well known that of the many Cubans who seek to leave
the island illegally every year, some seek the assistance of
smugglers who provide passage in speed boats in exchange for
a significant fee. According to the US Coast Guard (USCG)
representative assigned to USINT, the vast majority of Cubans
who are smuggled directly into the US are voluntary migrants
and they do not end up being forced into hard labor or the
sex trade upon their arrival in the United States. The GOC
actively cooperates with the USG in efforts to interdict,
arrest, and prosecute the smugglers, and repatriate the
migrants.

However, there is strong evidence that some Cuban migrants
wind up as victims of human trafficking in transit countries
like Mexico. The USCG rep said that a growing number of
credible reports indicated that Cuban migrants were held
against their will upon arrival in Mexico, some by smuggling
gangs demanding payment from their families, but also some
who are compelled into prostitution or forced labor while
awaiting onward passage to the United States. Likewise, the
GOC actively cooperates with the USG to interdict this
traffic.

There is no evidence of any significant trafficking either
into or within Cuba for purposes of forced labor. Although
there is prostitution in Cuba, particularly in tourist areas,
there are no indications that a large number of prostitutes
have entered the profession through force, coercion or
deception. The vast majority of prostitutes enter the
activity for economic reasons without the involvement of
traffickers or intermediaries. Commonly, prostitutes seek
out foreign tourists in exchange for drinks, meals and
presents. Strictly-for-cash prostitution is also practiced,
but it is less common. Although it is impossible to say how
many, at least some of these liaisons result in marriages.
Because many people wish to flee the country, some young
women who contract such marriages could be vulnerable to
exploitation. However, the representatives of the countries
whose nationals most often enter into this kind of marriage
have not seen evidence that a significant number of these
women eventually wind up in forced labor or the commercial
sex industry.

The issue of the trafficking of children for commercial
sexual purposes is complicated by the fact that Cuban
officials have very different approaches to enforcing

HAVANA 00000109 003.3 OF 017

prostitution by minors, depending on the age of the victim.
Prostitution over the age of 18 is not criminalized, though
police often arrest prostitutes on charges of anti-social
behavior or "potential dangerousness". The age of consent in
Cuba is 14. Sources agree that Cuban authorities are very
severe in cases of solicitation or having sex with children
under the age of 14. U.S. citizens or other foreigners who
are convicted of such offenses, invariably received lengthy
jail terms. Several sources have indicated that the Cubans
are very pro-active in prosecuting cases involving child
pornography and in preventing known child sex offenders from
visiting the island.

On the other hand, minors between the ages of 14 and 18 fall
into a gray area. They are legally able to consent, but it
is illegal for that age group to engage in prostitution. No
data is available on the incidence of prostitution in this
age group but, according to most local observers, this is the
most vulnerable age group. Prosecutions are rare, but youths
in this age category would be much more likely to face
compulsory rehabilitation for anti-social behavior than
charges for illegal prostitution

However, the SEMlac representative stated that local police
and neighborhood organizations are fairly vigilant in
watching over children under age 14. Children on the streets
during school hours and unsupervised at night are frequently
approached by police and returned to their homes, and parents
questioned. Repeated neglect can result in legal action
against the parents, or in the children being taken from the
home.

USINT did not receive any specific reports during the past
year of intermediaries in the tourist areas such as taxi
drivers, hotel workers or policemen directing people to
prostitutes. Visitors to such areas and representatives of
other embassies surmised that due to the desire for tourist
dollars and the fact that police corruption is widespread, it
was likely that this occurred but no one contacted knew of a
specific incident.

-- C. To what kind of conditions are the trafficking victims
subjected?

Beyond the few details about adolescent prostitutes provided
above, we have no specific information on conditions.

-- D. Vulnerability to TIP: Are certain groups of persons
more at risk of human trafficking (e.g. women and children,
boys versus girls, certain ethnic groups, refugees, IDPs,
etc.)? If so, please specify the type of exploitation for
which these groups are most at risk
(e.g., girls are more at risk of domestic servitude than
boys).

All sources of information indicated that a disproportionate
number of prostitutes, both male and female, are Afro-Cubans
or of mixed race. Some sources reported that homosexual
males are more likely to turn to prostitution after having
been shunned by their families (rather than at the behest of
the family, for economic reasons) and are, therefore, perhaps
more likely to be vulnerable to abuse.

HAVANA 00000109 004.3 OF 017

-- E. Traffickers and Their Methods: Who are the
traffickers/exploiters? Are they independent business
people? Small or family-based crime groups? Large
international organized crime syndicates? What methods are
used to gain direct access to victims? For example, are the
traffickers recruiting victims through lucrative job offers?
Are victims sold by their families, or approached by friends
of friends? Are victims "self-presenting" (approaching the
exploiter without the involvement of a recruiter or
transporter)? If recruitment or transportation is involved,
what methods are used to recruit or transport victims (e.g.,
are false documents being used)? Are employment, travel, and
tourism agencies or marriage brokers involved with or
fronting for traffickers or crime groups to traffic
individuals?

Post has no information about any organized trafficking
operations operating within Cuba.

26. (U) SETTING THE SCENE FOR THE GOVERNMENT'S ANTI-TIP
EFFORTS:

-- A. Does the government acknowledge that human trafficking
is a problem in the country? If not, why not?

In the January 2009 note to the UN High Commissioner on Human
Rights, the GOC states that trafficking has become a problem
in "nearly every country of the world" and calls for
international efforts to combat the problem. The GOC further
states that while these problems are very rare in Cuba, it
has put into place laws and systems to deal with the issue.

The GOC notes that it is a signatory to many international
conventions and protocols on TIP and that it has played an
active role in international conferences and meetings on
trafficking including:

*Convention No. 105 of the International Labor Organization
regarding the abolition of forced labor; ratified by Cuba in
1958.

*The 1991 Convention on the Rights of Children, which
includes several articles on crimes related to trafficking in
children; ratified by Cuba in 1991.

*The Protocol from the 2000 Convention on the Rights of
Children, which includes articles on child prostitution, the
sale of children, and child pornography; ratified by Cuba in
2001.

*Participation in the 2008 Vienna Forum as part of the
Worldwide Initiative against Human Trafficking.

However, domestically the GOC does not discuss publicly human
trafficking issues. In general, the GOC does not provide
information about crime or social problems in Cuba and daily
newspapers and broadcast news reports do not generally cover
these issues. The GOC resists discussion of issues that
might suggest weaknesses in the governing and social system.

-- B. Which government agencies are involved in efforts to
combat sex and labor trafficking - including forced labor -
and, which agency, if any, has the lead in these efforts?

The GOC agencies involved in anti-trafficking efforts include
the Ministry of Interior, the Attorney General's Office, the

HAVANA 00000109 005.3 OF 017

Ministry of Justice and local governments. The Ministry of
Interior has the lead in anti-trafficking efforts, and its
Border Guards conduct investigations and arrests. The
prosecution files charges and submits them to the courts
(Ministry of Justice). The GOC's efforts are also channeled
through the Social Attention and Prevention System (after Law
Decree No. 242 of May 2007), and the service of Communist
Party mass organizations such as the Federation of Cuban
Women (FMC), the Prevention and Social Assistance Commission,
the Committees for the Defense of the Revolution (CDR),
Student and Youth Organizations, and so-called "social
workers" to identify and suppress the activities of
prostitutes, pimps and traffickers. The "social workers"
(who do not possess the training or education one might
expect of social workers in the U.S.), under the Young
Communists' League (UJC), interact with the Council of State,
the Ministry of Interior, the local governments and the
Ministry of Labor.

-- C. What are the limitations on the government's ability to
address these problems in practice? For example, is funding
for police or other institutions inadequate? Is overall
corruption a problem? Does the government lack the resources
to aid victims?

The GOC does not release budgetary information about
resources devoted to trafficking. There are frequent reports
of low level police corruption, and anecdotal reports that
police officers took bribes to allow prostitutes to operate
in areas under their jurisdiction rather than book them for
anti-social behavior. However, several sources noted that
police officers who are caught taking bribes can be severely
punished, indicating that, at least officially, the practice
is discouraged. The Cuban government took the lead in
funding the operation of two centers for the treatment of
sexually abused children with the help of a UK based NGO and
the British government. A small number of the children at
these centers were believed to be trafficking victims. The
GOC also provides ongoing funding for women,s shelters,
where women and children can seek refuge from abusive or
coercive relationships. These homes are reportedly staffed
with trained social workers who provide treatment and
assistance in the form of job training and educational
programs. No information is available about whether or not
the women and children who receive treatment at these houses
are trafficking victims. In addition, when police arrest
prostitutes under laws dealing with "potential social
dangerousness", no known efforts were made to ascertain
whether prostitutes taken into custody were the victims of
trafficking.

-- 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?

The GOC does not share information with the U.S. about its
efforts to monitor anti-trafficking efforts. Although Cuba
continues to participate in international forums on the
topic, it does not publicize these efforts through these
organizations.

-- E. What measures has the government taken to establish the
identity of local populations, including birth registration,

HAVANA 00000109 006.3 OF 017

citizenship, and nationality?

The law requires that all births be registered within 72
hours of birth or before the child leaves the hospital.
Citizenship is established by birth within the national
territory. Available evidence suggests that these
requirements are carried out effectively.

--F. To what extent is the government capable of gathering
the data required for an in-depth assessment of law
enforcement efforts? Where are the gaps? Are there any ways
to work around these gaps?

The GOC does not share information about its data-gathering
capabilities related to law-enforcement with the U.S.
However, evidence suggests that the government effectively
gathers and maintains extensive data on a range of economic
indicators as well as personal data on millions of its
citizens. Without more information on existing systems, it
is difficult to specify gaps and propose solutions.

27. (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 sexual exploitation and labor? If so, please
specifically cite the name of the law(s) and its date of
enactment and provide the exact language (actual copies
preferable) of the TIP provisions. Please provide a full
inventory of trafficking laws, including non-criminal
statutes that allow for civil penalties against alleged
trafficking crimes (e.g., civil forfeiture laws and laws
against illegal debt). Does the law(s) cover both internal
and transnational forms of trafficking? If not, under what
other laws can traffickers be prosecuted? For example, are
there laws against slavery or the exploitation of
prostitution by means of force, fraud, or coercion? Are
these other laws being used in trafficking cases?

The GOC did not pass new laws regarding trafficking during
the reporting period. The Cuban Penal Code , Title 11,
Section 4 ("Pimping and Trafficking in Persons"), Article 302
provides penalties for "whoever induces, cooperates with,
promotes or gets a benefit from the exercise of prostitution.
If the offense involves the victim's entry or exit from
Cuba, the penalty ranges from 20 to 30 years incarceration."
According to Title III, Section First "Corruption of Minors",
Article 310, using minors (under 16 years) in prostitution,
corruption, pornographic acts or other illegal conduct may be
punished from seven and up to thirty years' imprisonment or
death (depending on aggravating circumstances). Likewise,
according to Article 312, using minors for begging, may
receive from two to eight years' imprisonment. Article 316
of the Penal Code ("Selling and Trafficking in Minors")
covers trafficking for forced labor, prostitution and trade
in organs both domestically and internationally and
establishes punishments between 7 to 15 years. Article 316.3
of the Penal Code refers to international trafficking of
minors (not adults) involving forced labor, among other acts
of corruption.

In addition, Resolutions 75 of the Ministry of Justice and 87

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of MINREX, 2007 require that Cubans wishing to travel abroad
must receive a letter of invitation through the appropriate
Cuban consulate and satisfy immigration requirements before
an exit permit will be granted. Before these rules were
introduced, invitation letters could be obtained through a
fairly simple legal process in Cuba. This meant that a
tourist (or trafficker) could come to Cuba, meet an
interested Cuban, go through the legal process to have the
invitation letter drawn up, and request an exit permit, all
in a fairly short period of time. In addition Article 17 of
Law Number 87 of 1999 sets prison terms of 4 to 10 years for
"inducing, in any way, or promoting another person to engage
in prostitution or bodily commerce". The sentence increases
to 10 to 20 years for anyone who threatens or forces another
to engage in prostitution. The law also provides sentences
of 20 to 30 years for anyone convicted after a past
conviction for pimping or anyone accused of habitually
promoting prostitution. Civil courts in Cuba only cover
family law. To make a complaint equivalent to a tort
complaint in the US Court system, an individual or group
would have to convince the authorities to criminally
prosecute the case. If the prosecution is successful, the
court can assess damages.

-- B. Punishment of Sex Trafficking Offenses: What are the
prescribed and imposed penalties for the trafficking of
persons for commercial sexual exploitation, including for the
forced prostitution of adults and the prostitution of
children?

See the response to the previous question. The GOC does not
generally make public information about court cases, so it is
unknown what penalties were imposed in these cases during the
reporting period. The GOC informs foreign missions about the
arrests of their nationals, except in the case of dual
nationals, including the Consular Section at USINT. There
were no reports of new arrests on TIP-related charges during
the reporting period. There are US citizens and other
foreign nationals serving lengthy sentences in Cuba on
trafficking related charges and for sexual exploitation of a
minor. An American citizen was arrested in March of 2008 and
charged with corruption of a minor, but was released in early
2009 without being tried.

-- C. Punishment of Labor Trafficking Offenses: What are the
prescribed and imposed penalties for labor trafficking
offenses, including all forms of forced labor? If your
country is a source country for labor migrants, do the
government's laws provide for criminal punishment -- i.e.
jail time -- for labor recruiters who engage in recruitment
of workers using knowingly fraudulent or deceptive offers
with the purpose of subjecting workers to compelled service
in the destination country? If your country is a destination
for labor migrants (legal/regular or illegal/irregular), are
there laws punishing employers or labor agents who confiscate
workers' passports or travel documents for the purpose of
labor trafficking, switch contracts without the worker's
consent as a means to keep the worker in a state of compelled
service, or withhold payment of salaries as means of keeping
the worker in a state of compelled service?

Article 316, which only applies to minors, sets penalties of
7 to 15 years imprisonment for offenses related to forced
child labor. A thorough review of Cuban Law failed to
identify any statute that assessed penalties for the forced
labor of adults.

HAVANA 00000109 008.3 OF 017

-- 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)

There are three categories of penalties for rape: 4 to 10
years, 7 to 15 years, and 15 to 30 years or (rarely) capital
punishment, depending on the circumstances. Cases for repeat
offenders, cases that resulted in injury or the transmission
of a disease and cases involving a child under 12 are subject
to the more severe penalties.

-- E. Law Enforcement Statistics: Did the government take
legal action against human trafficking offenders during the
reporting period? If so, provide numbers of investigations,
prosecutions, convictions, and sentences imposed, including
details on plea bargains and fines, if relevant and
available. Please note the number of convicted trafficking
offenders who received suspended sentences and the number who
received only a fine as punishment. Please indicate which
laws were used to investigate, prosecute, convict, and
sentence traffickers. Also, if possible, please disaggregate
numbers of cases by type of TIP (labor vs. commercial sexual
exploitation) and victims (children under 18 years of age vs.
adults). What were the actual punishments imposed on
convicted trafficking offenders? Are they serving the time
sentenced? If not, why not?

The GOC did not share with the U.S. information about its
criminal proceedings during the reporting period. During the
reporting period, there were no reports of foreigners charged
with trafficking-related crimes.

-- F. Does the government provide any specialized training
for law enforcement and immigration officials on identifying
and treating victims of trafficking? Or training on
investigating and prosecuting human trafficking crimes?
Specify whether NGOs, international organizations, and/or the
USG provide specialized training for host government
officials.

We had no concrete information on anti-trafficking related
training held in Cuba, either by the GOC, by NGOs or
international organizations. The British Embassy and SEMlac
reported that some training is offered on treating women and
children who are sexually abused, but there is no information
available about whether this training might also be used with
trafficking victims.

--G. Does the government cooperate with other governments in
the investigation and prosecution of trafficking cases? If
possible, provide the number of cooperative international
investigations on trafficking during the reporting period.

The GOC has extradition treaties with several countries,
including
Mexico, but USINT does not know of instances of cooperation
during the reporting period. The GOC cooperates in the
investigation and prosecution of alien smuggling. A few of
these cases involved allegations of trafficking, such as
people who asserted that they were forced to serve as crew
members on smuggling vessels.

HAVANA 00000109 009.3 OF 017

-- H. Does the government extradite persons who are charged
with trafficking in other countries? If so, please provide
the number of traffickers extradited during the reporting
period, and the number of trafficking extraditions pending.
In particular, please report on any pending or concluded
extraditions of trafficking offenders to the United States.

The GOC did not provide information about extraditions. USINT
does not know of cases involving AmCits or other foreign
nationals.

-- I. Is there evidence of government involvement in or
tolerance of trafficking, on a local or institutional level?
If so, please explain in detail.

Post is not aware of any evidence of government involvement
in trafficking on an institutional or local level. Many
reliable sources reported that there is no government
involvement at any level.

-- J. If government officials are involved in human
trafficking, what steps has the government taken to end such
complicity? Please indicate the number of government
officials investigated and prosecuted for involvement in
trafficking or trafficking-related criminal activities during
the reporting period. Have any been convicted? What
sentence(s) was imposed? Please specify if officials received
suspended sentences, or were given a fine, fired, or
reassigned to another position within the government as
punishment. Please indicate the number of convicted officials
that received suspended sentences or received only a fine as
punishment.

Post is not aware of investigations or convictions of public
officials on trafficking-related offenses.

-- K. For countries that contribute troops to international
peacekeeping efforts, please indicate whether the government
vigorously investigated, prosecuted, convicted and sentenced
nationals of the country deployed abroad as part of a
peacekeeping or other similar mission who engaged in or
facilitated severe forms of trafficking or who exploited
victims of such trafficking.

Not applicable.

-- L. If the country has an identified problem of child sex
tourists coming to the country, what are the countries of
origin for sex tourists? How many foreign pedophiles did the
government prosecute or deport/extradite to their country of
origin? If your host country's nationals are perpetrators of
child sex tourism, do the country's child sexual abuse laws
have extraterritorial coverage (similar to the U.S. PROTECT
Act) to allow the prosecution of suspected sex tourists for
crimes committed abroad? If so, how many of the country's
nationals were prosecuted and/or convicted during the
reporting period under the extraterritorial provision(s) for
traveling to other countries to engage in child sex tourism?

The GOC strongly denies that Cuba has a problem with child
sex tourism. The government adds that, through its Ministry
of Tourism, it actively works to promote family tourism. The
GOC also states that access to bars and clubs is limited to
people over 16, where identification is required. According
to information provided by the GOC, Cuban laws on trafficking

HAVANA 00000109 010.3 OF 017

in minors for any purpose (including the sex trade) apply to
citizens and residents of Cuba whether the acts are committed
domestically or internationally.

Other embassies (Canada, Great Britain, Spain, France, the
Netherlands, Sweden) with a large number of tourists
traveling to Cuba each year did not report evidence that a
significant number of their visitors come to the island
primarily seeking sex with children, but that some probably
took advantage of easy access to prostitutes, some of whom
may have been under age 18. The GOC does not release records
of arrests or prosecutions. USINT learned of no new
prosecutions for child sex offenses by U.S. citizens. In
cases known to USINT of US citizens or other country
nationals convicted of child sex offenses in the past, they
invariably received lengthy prison sentences. The UN stated
that the GOC was very pro-active in preventing known
pedophiles from entering the country. As explained above,
all indications are that the authorities acted swiftly in
cases involving children under 14, but took a less active
approach with those between 14 and 18 where no coercion was
reported.

28. (U) PROTECTION AND ASSISTANCE TO VICTIMS:

-- A. What kind of protection is the government able under
existing law to provide for victims and witnesses? Does it
provide these protections in practice?

No official information is available about protection of
trafficking victims or witnesses. The sexual abuse treatment
centers reportedly provide state-of-the-art care and
counseling to child sexual abuse victims and child witnesses,
some of whom may be trafficking victims. The GOC operates
these facilities with the assistance of the Child Protection
Trust, an NGO respected worldwide in the treatment of sexual
abuse. The situation with adults is very unclear. They
universally have access to counseling and social services
through the nation's healthcare system, and women and
children can access treatment and resources available at the
women's shelters mentioned above, but post does not have
information about the use of these services by trafficking
victims.

-- B. Does the country have victim care facilities (shelters
or drop-in centers) which are accessible to trafficking
victims? Do foreign victims have the same access to care as
domestic trafficking victims? Where are child victims placed
(e.g., in shelters, foster care, or juvenile justice
detention centers)? Does the country have specialized care
for adults in addition to children? Does the country have
specialized care for male victims as well as female? Does
the country have specialized facilities dedicated to helping
victims of trafficking? Are these facilities operated by the
government or by NGOs? What is the funding source of these
facilities? Please estimate the amount the government spent
(in U.S. dollar equivalent) on these specialized facilities
dedicated to helping trafficking victims during the reporting
period.

The sexual abuse treatment centers mentioned above, accept
both male and female children. Adolescents, both males and
females, who have engaged in prostitution, can be sent to
either juvenile detention facilities or work camps. UN
agencies that had access to these facilities said that the

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emphasis was on rehabilitation rather than punishment.

Trafficking victims could access care in local rehabilitation
centers which in theory have legal, medical and outpatient
care available. These centers are designed for people
recovering from physical or emotional problems and not
specifically for trafficking victims. USINT has no
information about foreign trafficking victims or if they
sought such services during the reporting period. All sources
indicated that the number of foreign victims of trafficking
in Cuba was very small, if any existed at all. USINT did not
identify any mental health or social services available to
foreigners without cost. USINT was not able to ascertain the
value of government resources that were spent for the purpose
of assisting trafficking victims.

-- C. Does the government provide trafficking victims with
access to legal, medical and psychological services? If so,
please specify the kind of assistance provided. Does the
government provide funding or other forms of support to
foreign or domestic NGOs and/or international organizations
for providing these services to trafficking victims? Please
explain and provide any funding amounts in U.S. dollar
equivalent. If assistance provided was in-kind, please
specify exact assistance. Please specify if funding for
assistance comes from a federal budget or from regional or
local governments.

Please see previous response for information on legal,
medical, and psychological services provided by the GOC.
There are no independent domestic NGOs in Cuba. The Cuban
government did not provide information to the U.S. about how
much it spent on services to trafficking victims. Post does
not have any information about GOC payments to international
NGOs.

-- D. Does the government assist foreign trafficking victims,
for example, by providing temporary to permanent residency
status, or other relief from deportation? If so, please
explain.

No information is available about this.

-- E. Does the government provide longer-term shelter or
housing benefits to victims or other resources to aid the
victims in rebuilding their lives?
No information is available about this.

-- F. Does the government have a referral process to transfer
victims detained, arrested or placed in protective custody by
law enforcement authorities to institutions that provide
short- or long-term care (either government or NGO-run)?

No information is available about this.

-- G. What is the total number of trafficking victims
identified during the reporting period? (If available,
please specify the type of exploitation of these victims -
e.g. "The government identified X number of trafficking
victims during the reporting period, Y or which were victims
of trafficking for sexual exploitation and Z of which were
victims of nonconsensual labor exploitation.) Of these, how
many victims were referred to care facilities for assistance
by law enforcement authorities during the reporting period?
By social services officials? What is the number of victims

HAVANA 00000109 012.3 OF 017

assisted by government-funded assistance programs and those
not funded by the government during the reporting period?

The GOC did not release this type of information.

-- H. Do the government's law enforcement, immigration, and
social services personnel have a formal system of proactively
identifying victims of trafficking among high-risk persons
with whom they come in contact (e.g., foreign persons
arrested for prostitution or immigration violations)? For
countries with legalized prostitution, does the government
have a mechanism for screening for trafficking victims among
persons involved in the legal/regulated commercial sex trade?

Post does not have any information about the existence of
these types of systems.

-- I. Are the rights of victims respected? Are trafficking
victims detained or jailed? If so, for how long? Are
victims fined? Are victims prosecuted for violations of
other laws, such as those governing immigration or
prostitution?

There is no official information available to answer these
questions. As previously mentioned, sources agree that there
are very few foreigners in Cuba, if any, who are victims of
international trafficking. In the case of internal
trafficking, police occasionally arrest prostitutes on
charges of anti-social behavior. In these arrests, the
authorities reportedly made no effort to identify trafficking
victims instead of those who engage in the profession on
their own volition. Those convicted may be sentenced to jail
or rehabilitation centers. People who have been released
from these prisons and rehabilitation centers describe them
as dirty, and lacking in basic sanitary facilities. Inmates
are given insufficient and poor quality food and have little
access to either education or social services. UN agencies
that visited adolescent detention facilities and work camps
which house juvenile offenders for non-violent offenses as
well as adolescent prostitutes reported adequate conditions.

-- J. Does the government encourage victims to assist in the
investigation and prosecution of trafficking? How many
victims assisted in the investigation and prosecution of
traffickers during the reporting period? May victims file
civil suits or seek legal action against traffickers? Does
anyone impede victim access to such legal redress? If a
victim is a material witness in a court case against a former
employer, is the victim permitted to obtain other employment
or to leave the country pending trial proceedings? Are there
means by which a victim may obtain restitution?

Traffickers can be prosecuted regardless of whether the
victim wants to press charges or not. Victims can
participate in the investigation and prosecution of their
cases. It is unclear if the Cuban legal system encourages
them to do so and it is unclear how the legal system treats
material witnesses since the government normally does not
provide public information about court cases. The sexual
abuse treatment centers mentioned above do provide sensitive
preparation for child witnesses. Civil law in Cuba only
deals with family law and does not involve any type of tort
cases. A victim would have to convince a prosecutor to file
a criminal case. Civil penalties are called
"responsibilities" and can be charged in criminal cases for
specific reasons such as damage to a government boat or

HAVANA 00000109 013.3 OF 017

injuries to persons during an attempt at trafficking in
persons. Reparations can include indemnifications and the
payment of the costs of treatment to injured parties. There
is a policy that provides for victim restitution, but there
is no information available as to how this works in practice
and USINT has no knowledge of monetary or other forms of
restitution having been provided to any victim.

-- K. Does the government provide any specialized training
for government officials in identifying trafficking victims
and in the provision of assistance to trafficked victims,
including the special needs of trafficked children? Does the
government provide training on protections and assistance to
its embassies and consulates in foreign countries that are
destination or transit countries? What is the number of
trafficking victims assisted by the host country's embassies
or consulates abroad during the reporting period? Please
explain the type of assistance provided (travel documents,
referrals to assistance, payment for transportation home).

USINT does not know of any specialized training that the GOC
provided to either their officials in Cuba or to their
diplomatic missions abroad. USINT does not have information
regarding cases where a Cuban embassy or consulate assisted
one of their own citizens who was a victim of trafficking.

-- L. Does the government provide assistance, such as medical
aid, shelter, or financial help, to its nationals who are
repatriated as victims of trafficking?

No information is available about assistance provided
specifically for trafficking victims who have been
repatriated.

-- M. Which international organizations or NGOs, if any, work
with trafficking victims? What type of services do they
provide? What sort of cooperation do they receive from local
authorities?

The UN and the above mentioned Child Protection Trust are the
only known international organizations that worked with
trafficking victims. The GOC took the lead in the management
of the sexual abuse treatment centers and Child Protection
Trust served in a consulting role. Victims can also seek
assistance through rehabilitation centers run through the
National Health Service with follow up done by Communist
Party mass organizations, such as the Federation of Cuban
Women and the Young Communist Youth League.

29. (U) PREVENTION:

-- A. Did the government conduct anti-trafficking information
or education campaigns during the reporting period? If so,
briefly describe the campaign(s), including their objectives
and effectiveness. Please provide the number of people
reached by such awareness efforts, if available. Do these
campaigns target potential trafficking victims and/or the
demand for trafficking (e.g. "clients" of prostitutes or
beneficiaries of forced labor)? (Note: This can be an
especially noteworthy effort where prostitution is legal.
End Note.)

The official press ran extensive articles and interviews with
Cuban citizens who reportedly were trafficked into forced
labor or prostitution in Mexico while awaiting passage to the
United States.

HAVANA 00000109 014.3 OF 017

-- B. Does the government monitor immigration and emigration
patterns for evidence of trafficking?

USINT does not have any information about GOC activities in
this area.

-- C. Is there a mechanism for coordination and communication
between various agencies, internal, international, and
multilateral on trafficking-related matters, such as a
multi-agency working group or a task force?

Although there were indications that there was some
coordination within the GOC and with some foreign missions,
none of this information was available to the public, and it
was impossible to assess either how extensive or effective
this cooperation was. The GOC states that they exchange
information on trafficking, child pornography, child sex
abuse and other international crimes through INTERPOL. The
GOC receives information through the National Central Office
of INTERPOL. The information is reviewed by the Ministry of
Interior, then passed on to immigration officials and the
border guards. There were no indications of the existence of
a multi-agency working group on trafficking related matters.
There was no single point of contact on trafficking in the
Cuban government because the GOC covers the issue through a
series of different statutes with the responsibility to
suppress various activities related to trafficking spread out
among several official entities.

-- D. Does the government have a national plan of action to
address trafficking in persons? If the plan was developed
during the reporting period, which agencies were involved in
developing it? Were NGOs consulted in the process? What
steps has the government taken to implement the action plan?

USINT does not know of a specific national plan to combat
trafficking. However, for many years the GOC has promoted a
"National Action Plan for Youth and Adolescents" that
addresses a broad range of topics such as access to health
care, free schooling and sexual education. There is a
section of the plan that is titled "The Need to Protect Youth
from Mistreatment, Exploitation and Violence" and states as
an objective to "be vigilant about the application of the
Protocol on the Convention of the Rights of the Child,
relative to the sale of children, child prostitution and the
use of children in pornography."

The plan seeks the "perfecting actions of social workers, the
FMC, the Ministry of Public Health, the Ministry of Labor and
Social Security and the UJC in protecting youth from
mistreatment, exploitation and violence". The "social
workers" as well as the police were alert to identifying
out-of school-youth and confronting the parents in the case
of truants and other adolescents engaged in socially risky
behavior. On the other hand many young adults, especially
Afro-Cubans and homosexuals, complained that the police
harassed them for no reason.

-- E: Required of all Posts: What measures has the government
taken during the reporting period to reduce the demand for
commercial sex acts? (please see ref B, para. 9(3) for
examples)

HAVANA 00000109 015.3 OF 017

Sources did not report any specific actions aimed at reducing
the demand for commercial sex acts.

-- F. Required of all Posts: What measures has the government
taken during the reporting period to reduce the participation
in international child sex tourism by nationals of the
country?

Sources did not report any specific actions aimed at reducing
Cuban participation in child sex tourism. It should be
noted, however, that the GOC strictly controls international
travel by its citizens. Few Cubans travel abroad for tourism
of any sort.

-- G. Required of posts in countries that have contributed
over 100 troops to international peacekeeping efforts
(Argentina, Australia, Austria, Bangladesh, Belgium, Benin,
Bolivia, Brazil, Burkina Faso, Cameroon, Canada, Chile,
China, Cote d'Ivoire, Croatia, Denmark, Egypt, El Salvador,
Ethiopia, Fiji, Finland, France, Gambia, Germany, Ghana,
Guatemala, India, Indonesia, Ireland, Italy, Jordan, Kenya,
Korea (ROK), Malawi, Malaysia, Mongolia, Morocco, Nepal,
Niger, Nigeria, Norway, Pakistan, Peru, Philippines, Poland,
Portugal, Russia, Rwanda, Senegal, Slovakia, South Africa,
Spain, Sri Lanka, Tanzania, Togo, Tunisia, Turkey, Uganda,
PERSONS (TIP) REPO Ukraine, United Kingdom, Uruguay, Yemen,
Zambia, and Zimbabwe): What measures has the government
adopted to ensure that its nationals who are deployed abroad
as part of a peacekeeping or other similar mission do not
engage in or facilitate severe forms of trafficking or
exploit victims of such trafficking? If posts do not provide
an answer to this question, the Department may consider
including a statement in the country assessment to the effect
that "An assessment regarding Country X's efforts to ensure
that its troops deployed abroad for international
peacekeeping missions do not engage in or facilitate
trafficking or exploit trafficking victims was unavailable
for this reporting period."

Not applicable.

30. (U) PARTNERSHIPS

Secretary Clinton has identified a fourth "P", Partnerships,
recognizing that governments' partnerships with other
government and elements of civil society are key to effective
anti-TIP strategies. Although the 2010 Report will include
references and/or descriptions of these partnerships, they
will not be considered in the determining the tier rankings,
except in cases where a partnership contributes to the
government's efforts to implement the TVPA's minimum
standards.

-- A. Does the government engage with other governments,
civil society, and/or multilateral organizations to focus
attention and devote resources to addressing human
trafficking? If so, please provide details.

Post is not aware of any such partnership, beyond the
previously mentioned work with the British NGO Child
Protection Trust.

-- B. What sort of international assistance does the
government provide to other countries to address TIP?

HAVANA 00000109 016.3 OF 017

Post is not aware of any such assistance provided by the GOC.

Post has no comment for sections on the Child Soldier
Preventions Act, nominations of heroes and best practices,
and commendable initiatives

POINT OF CONTACT for this report is Dale Lawton, Human Rights
Officer, USINT Havana. Tel. 53-7-833-2686; Fax 53-7-836-4728;
Email: LawtonLD@state.gov.

Estimated time spent researching and preparing the TIP
report: 45 hours

--------------------------------------------- ----------
NEW REQUIREMENTS FOR THE CHILD SOLDIERS PREVENTION ACT
--------------------------------------------- ----------

31. (U) Title IV of the TVPRA of 2008, the Child Soldiers
Prevention Act of 2008 (CSPA), was signed into law on
December 23, 2008 and, pursuant to its terms, became
effective on June 21, 2009 (see reftel B). The CSPA defines
"child soldier" for the first time in U.S. law (see para 32)
and contains the following provisions on sanctioned forms of
military assistance.

32. (U) Definition of "Child Soldier" under the Child
Soldiers Prevention Act: Consistent with the provisions of
the Optional Protocol to the Convention on the Rights of the
Child, the term "child soldier" means (i) any person under 18
year of age who takes a direct part in hostilities as a
member of governmental armed forces; (ii) any person under 18
years of age who has been compulsorily recruited into
governmental armed forces; (iii) any person under 15 years of
age who has been voluntarily recruited into governmental
armed forces; or (iv) any person under 18 years of age who
has been recruited or used in hostilities by armed forces
distinct from the armed forces of a state; this includes any
person described in clauses (ii), (iii), or (iv) who is
serving in any capacity, including in a support role such as
a cook, porter, messenger, medic, guard, or sex slave.

33. Required for posts in countries that have been the
subject of allegations regarding unlawful child soldiering
(by government forces, government-supported militias armed
groups, or independent militias armed groups) in the TIP
Report, the Human Rights Report, or both : Report if the
following occurred: conscription or forced recruitment of
persons under the age of 18 into governmental armed forces;
voluntary recruitment of any person under 15 years of age
into governmental armed forces; the extent to which any
person under the age of 18 took a direct part in hostilities
as a member of governmental armed forces; recruitment (forced
or voluntary) of persons under the age of 18 by armed groups
distinct from those of the governmental armed forces,
including paramilitary forces, illegal paramilitary groups,
guerrillas, or other armed groups. Describe trends toward
improvement of the above-mentioned practices, including steps
and programs the government undertook or the continued or
increased tolerance of such practices, including the role of
the government in engaging in or tolerating such practices.
Report abuse of children recruited by armed forces or the
armed groups noted above (e.g., sexual abuse or use for
forced labor). Describe the manner and age of conscription.

HAVANA 00000109 017.3 OF 017

In discussing activities of armed groups distinct from those
of governmental armed forces, explain the position of the
government towards the armed group (opposition, tolerance,
support, etc.) in detail.

---------------------------------------
NOMINATION OF HEROES AND BEST PRACTICES
---------------------------------------

34. (U) HEROES: The introductions to the past five TIP
Reports have included sections honoring Anti-Trafficking
"Heroes". These individuals or representatives of
organizations or governments demonstrate an exceptional
commitment to fighting TIP above and beyond the scope of
their assigned work. The Department encourages post to
nominate one or more such individuals for inclusion in a
similar section of the 2010 Report. Please submit, under a
subheading of "TIP Hero(es)," a brief description of the
individual or organization's work, and note that the
appropriate individual(s) has been vetted through databases
available to post (e.g. CLASS and any law enforcement
systems) to ensure they have no visa ineligibilities or other
derogatory information.

35. (U) COMMENDABLE INITIATIVES: For the past six years the
Report has carried a section on "International Commendable
Initiatives" in addressing TIP. This section highlights
particular initiatives used by governments or NGOs in
addressing the various challenges of TIP and serves as a
useful guide to foreign governments and posts as they design
anti-TIP projects and strategies. The Department encourages
post to nominate local anti-TIP initiatives from their host
countries for showcasing in the 2010 Report. Please submit,
under a "Commendable Initiative" subheading, a brief summary
of the activity or practice, along with the positive effect
it has had in addressing TIP.
.FARRAR

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