Human Trafficking Around the World (49 page)

TRAFFICKING WITHIN CHILE

Trafficking within Chile is a significant problem, although exact numbers on internal trafficking are difficult to determine, as it was not criminalized until March 2011. Adult victims of internal trafficking continue to be marginalized. The government has increased its anti-trafficking efforts regarding the commercial sexual exploitation of children, yet the exploitation of children for both child labor and commercial sexual exploitation remains a serious concern. In fact, a 2009 UNICEF study in Argentina, Chile, and South Africa concluded that there were 11 times as many inter-province child migrants as international ones (van de Glind, 2010). Those persons identified as underage victims in the aforementioned July 2009 IOM study were Chileans who had traveled within Chile and were forced to work in nightclubs and brothels. Traffickers closely monitored the internal trafficked victims, and when working in brothels the victims were usually watched by an adult sex worker (IOM, 2009). One such victim is an orphan named Francisco. He ran away from a Chilean orphanage and turned to life on the street at the age of 7. At 15 he had already been exploited for sexual commercial purposes for half of his life. “I saw that other kids were doing it,” Francisco said. “All of them did it out of need.” Francisco said he worked in the sex trade in order to eat (Ross, 2003).

Sexual exploitation of children is a critical problem that the Chilean government denied for many years. This changed when a high-profile case in 2003 involved child prostitution and 65,000 online pedophile networks were discovered. In response, Chile took a stronger legal stance on the abuses of children (Ross, 2003, 2004; U.S. Department of State, 2007a, 2007b). The case was brought against a well-known businessman, Claudio Spiniak. Spiniak was accused of conducting a pedophile prostitution ring that included a clientele of high-powered businesspersons and politicians. Spiniak and six associates were charged with a variety of offenses ranging from rape to inciting child prostitution. Two legislators were questioned but not charged in the case (D’Alessandro & Tobar, 2004). Adult prostitution is legal, but brothels are not. Prior to the Spiniak case, police often arrested prostitutes under the charge “offense against morality.” Prostitutes faced fines of $96 or five days’ imprisonment. Since the case of Spiniak, the law has quickly tightened, making it illegal to induce a person under the age of 18 to have sex in exchange for financial gain or drugs (D’Alessandro & Tobar, 2004; U.S. Department of State, 2006).

Child labor in the formal economy is allowed for children between the ages of 15 and 18 with the express consent of a parent/guardian. Under the law, children must also continue to attend school. They may not be employed in particular types of labor such as working in an underground mine, a nightclub, or any place that serves alcohol. Children may not work more than an 8-hour day or between the hours of 10 p.m. and 7 a.m. (unless they work for a family business) (U.S. Department of Labor, 2004, 2007; ADOC, 2009b). Yet child labor, predominantly in the informal economy, has remained a problem. Approximately 200,000 children between the ages of 5 and 17 work under unacceptable conditions, working a weekly average of 18.5 hours (children ages 5 to 14) and 39.5 hours (adolescents) (U.S. Department of State, 2007a). In 2005 the National Service for Minors (SENAME) released a report of 1,123 cases of children and adolescents in “the worst” adverse child labor scenarios. Fifty-eight percent were involved in hazardous jobs such as mining or worked with toxins/chemicals. Twenty-four percent were exploited in commercial sex labor, while 14 percent were involved in other illegal activities. Sixty-eight percent of the children/adolescents were boys (U.S. Department of State, 2007a). At that time SENAME estimated that 4,000 children were involved in the commercial sex industry in Chile. Other reports estimated the number to be as high as 15,000. Some of the child victims were as young as 5 years old (Ross, 2004). UNICEF stated in a June 2009 report that child labor in Chile was on the rise. The Labor Ministry of Chile denied the claim, citing legislation, programs, and campaigns to combat child labor since 2003 (ADOC, 2009a).

The UNICEF report—which was prepared in collaboration with the Chilean workers’ organization Vicarías de Pastoral Social y de los Trabajadores—stated that the average age of child laborers in Chile was 12 and that they worked on average four hours per day and earned $8.86 per week. The majority (97.1 percent) of children who worked still attended school (ADOC, 2009a). The International Work Organization and Chile’s Ministry of Work found that there were 240,000 children and adolescents between 5 and 17 years old working in Chile. They also stated that 64 percent of minors who worked in Chile were part of the poorest 40 percent of the population and that 40 percent of adolescents who worked and studied fell behind in their school work (ADOC, 2009b). In collaboration with the Solidarity and Social Investment Fund, UNICEF published a manual designed to help parents to detect potential child labor situations as well as tools and resources to find economic alternatives. The manual received support from government and public agencies (ADOC, 2009b).

WHAT HAPPENS TO VICTIMS AFTER TRAFFICKING

The government provides child victims of commercial sexual exploitation with comprehensive services. SENAME works with international organizations, NGOs, and local offices to ensure that child victims are not returned to high-risk or abusive situations. It provides services specifically geared to children subjected to commercial sexual exploitation through a national network of 16 walk-in centers. In 2011 it assisted 1,168 child victims. While it is unknown how many of the children assisted at the centers were trafficking victims, it is safe to assume that some were. In 2011 the service funded a residential shelter specific to child sex-trafficking victims and provided the children with legal services. Adult victims of sex trafficking are not provided with comprehensive services, but they have access to some social services, such as eligibility for housing and public health services at government-run women’s shelters. Adult sex-trafficking victims are generally referred to NGOs and international organizations, some of which receive government funding. There are no specialized shelters for adult trafficking victims yet, but the government plans to fund a shelter specifically designated for female adult trafficking victims that will be run by an NGO. Forced-labor victims and adult internal victims of sex trafficking continue to be marginalized, even since the implementation of the new law. There are no specialized services for forced-labor victims (child or adult), though the government sometimes does offer limited services. For instance, authorities in 2011 provided Paraguayan forced-labor victims with temporary lodging at a hotel and gave the victims food and medical attention (U.S. Department of State, 2010, 2012).

The government encourages adult foreign victims of sex trafficking to assist in the investigation and prosecution of their traffickers. Those who participate are provided with medical care, psychological counseling, and witness protection. They may remain in the country during the proceedings against their trafficker(s) and can later apply for residency status (U.S. Department of State, 2010). Victims other than nationals or permanent residents in the country are entitled to submit an application for temporary residence status for a minimum period of six months, during which they may decide to exercise criminal and civil actions against their trafficker and initiate proceedings to regularize their legal residence status. To further protect foreign victims, under no circumstances can a victim who has applied for a residence permit be repatriated. According to the 2011 Migrant Smuggling and Trafficking Law, repatriation would be harmful to the victim’s mental and physical integrity because of the crimes that have been committed against him in his country of origin (Republic of Chile, 2011). An agreement between the Public Ministry and the Ministry of Interior allows for humanitarian visas for trafficking victims who want to stay in Chile during the trial against their trafficker. Experts state that some foreign victims received these visas during 2009, and the Chilean authorities issued humanitarian visas in 2010 to foreign sex-trafficking victims who wished to participate in the investigation of their traffickers (U.S. Department of State, 2009, 2010). Since the passage of the 2011 Migrant Smuggling and Trafficking Law, Chilean officials do investigate possible cases of forced labor, but the government does not have formal procedures to proactively identify trafficking victims among vulnerable populations or to refer them to services, although some agencies do have guidelines for victim identification (U.S. Department of State, 2012).

WHAT HAPPENS TO TRAFFICKERS

In lieu of a comprehensive anti-trafficking law, before March 2011 prosecutors utilized Article 367 of the Penal Code (now repealed) to bring suit against those who committed transnational sex trafficking. Those found guilty faced up to 3 years in prison and a fine of $827. The punishment was increased up to 20 years’ imprisonment when the victim was a minor, if violence or intimidation was used, if there was abuse of authority, if deception was used, or if the trafficker took advantage of the victim’s circumstances. Sex crimes against children are prohibited under Article 361 of the Penal Code; prosecutors often use this law to prosecute cases of internal trafficking of children for prostitution. Prescribed penalties range from 10 to 20 years’ imprisonment (U.S. Department of State, 2007a, 2007b, 2010). Under the 2011 Migrant Smuggling and Trafficking Law, penalties range from 5 years and a day to 15 years’ imprisonment and increase to a minimum of 10 years and a day if the victim is a child. Offenders also face a fine of 50 to 100 monthly tax units (UTM). The UTM is a unit of account used in Chile for tax purposes and fines that is updated for inflation. The value of the UTM in September 2012 was approximately 84 U.S. dollars (Mazars, 2011; Republic of Chile, 2011; U.S. Department of State, 2011; Banco Central de Chile, 2012).

One concern is the common practice of judges to suspend sentences of less than 5 years. As a result, trafficking offenders often do not receive jail time (U.S. Department of State, 2010). This practice seriously undermines the severity of the crime. Historically, there have been few convictions of human traffickers. Only two persons were convicted of trafficking in 2006 and one person in 2007. The persons convicted in 2006 received sentences of between 1 and 5 years and 5 and 10 years, respectively (UNODC, 2009). From April through December 2008, the government obtained 10 convictions ranging from fines to 30 months’ imprisonment (U.S. Department of State, 2009). Convictions and sentencing may be on the rise. In the case of Spiniak, in August 2008 the Supreme Court increased his sentence from 7 to 12 years’ imprisonment for the sexual abuse of 4 underage persons. Additionally, the Supreme Court convicted him of facilitating prostitution and producing pornography (Bernasoni, 2008). In 2010 sentences ranged from roughly 1 and a half to 6 years’ imprisonment (U.S. Department of State, 2010, 2011).

Prior to passage of the new law, investigative efforts focused exclusively on child prostitution and cross-border sex trafficking. In 2009 the government opened 128 trafficking-related investigations; 108 involved promoting or facilitating child prostitution, and 22 cases involved cross-border sex trafficking. Additionally, six active police officers were charged with facilitating child prostitution. In 2010 the courts obtained 34 convictions; 26 were for cross-border sex trafficking, and 8 were for promoting or facilitating the prostitution of children (U.S. Department of State, 2010, 2011, 2012). The lack of criminalization of internal trafficking and forced labor hindered victims’ access to legal remedies and services and placed victims in a position that made them vulnerable to repeat exploitation. Offenders of internal trafficking and forced labor were able to escape penalization and imprisonment for their crimes. Even since the 2011 Migrant Smuggling and Trafficking Law was passed, investigations primarily focus on child prostitution and transnational sex trafficking. The number of human trafficking investigations gives a glimpse into the government’s anti-trafficking focus. In 2011 authorities investigated 46 cases of transnational sex trafficking and 104 cases of promoting or facilitating child prostitution. These cases were all investigated using earlier statutes, not the 2011 Migrant Smuggling and Trafficking Law. In 2011 authorities did use the new law to investigate a small number of labor trafficking and sex-trafficking cases, at least three of which resulted in prosecutions. This is not surprising, as it usually takes a while for a new law to get used as law enforcement personnel and prosecutors adjust to the changes. Convictions in 2011 exclusively use previous statutes. This is most likely because many of the offenders were charged before the 2011 Migrant Smuggling and Trafficking Law was passed. In 2011 the government convicted 30 offenders for the facilitation or promotion of prostitution of minors, and 4 offenders were convicted under the transnational sex-trafficking statute (U.S. Department of State, 2012). In September 2012 the government obtained its first conviction under the 2011 Migrant Smuggling and Trafficking Law. The case involved the trafficking of persons from the Dominican Republic for commercial sexual exploitation. As of this writing the traffickers were not yet sentenced (Radio Universidad de Chile, 2012).

INTERNAL EFFORTS TO DECREASE TRAFFICKING

The government, before and after passage of the new law, has made significant strides in training officials and provides funding for anti-trafficking programs and projects geared to help prevent trafficking and to aid victims. In partnership with the IOM, in 2009 the government conducted eight anti-trafficking training sessions throughout the nation and focused on the identification and treatment of victims. More than 600 police, prosecutors, and immigration officials participated. Since the 2011 Migrant Smuggling and Trafficking Law went to effect, the government has continued to focus on funding and training. For instance, in 2011 SENAME had a budget of roughly $2.6 million for the 16 NGO-run centers that aid children subjected to commercial sexual exploitation. In the same year authorities provided specialized training on trafficking for prosecutors and social workers, and the government continued to give mandatory anti-trafficking and human rights training to military troops prior to deployment in international peacekeeping missions (U.S. Department of State, 2012). Since the 2003 Spiniak case and before the new law went into effect, the government has made consistent and considerable efforts to hinder the commercial sexual exploitation of children. As part of this agenda, in July 2009 the government investigated high-risk areas for child prostitution. Prosecutors and police collaborated in mapping the primary areas of commercial sexual exploitation with specific focus on detecting child prostitution. Since the new law went into effect, the government has continued these efforts and in order to raise the public’s attentiveness to the issue of child prostitution, SENAME continues awareness campaigns (U.S. Department of State, 2010, 2012).