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[ Country-by-Country Reports ]
COLOMBIA (TIER 1)
[Extracted from U.S. State Dept Trafficking in Persons Report, June 2008]
Colombia is one of the Western Hemisphere’s major source
countries for women and girls trafficked abroad for purposes of commercial
sexual exploitation and involuntary servitude. Colombian women and girls are
trafficked throughout Latin America, the Caribbean, Western Europe, East
Asia, the Middle East, and North America, including the United States. Within
Colombia, some men are trafficked for forced labor, but trafficking of women
and children from rural to urban areas for sexual exploitation remains a
larger problem. Groups at high risk for trafficking include displaced persons
and relatives of members of criminal organizations. Internal armed violence
in Colombia has displaced many communities, making them vulnerable to trafficking,
and insurgent and paramilitary groups forcibly recruit and exploit children
as combatants. Gangs and organized criminal networks—some connected to
terrorist organizations—force relatives, acquaintances, and displaced
persons, typically women and children, into conditions of commercial sexual
exploitation and compulsory labor, including forced begging and servitude in
the illegal drug trade. Migrants from South America and China transit
Colombia en route to Europe and the United States; some are reported to be
trafficking victims. Colombia also is a limited destination for sex tourism,
particularly in coastal cities such as Cartagena and Barranquilla.
The Government of Colombia fully complies with the minimum standards for the
elimination of trafficking in persons. During the reporting period, the
government dedicated more resources for victim assistance, and maintained
significant law enforcement actions against trafficking offenders.
Recommendations for
Colombia: Dedicate more resources for victim services; strengthen
existing victim protection measures, including the government’s witness
protection program; continue consular efforts to assist and repatriate the
large number of Colombians trafficked overseas; formalize procedures to
identify trafficking victims among vulnerable populations; and intensify
efforts to raise public awareness about human trafficking, particularly among
youth seeking jobs abroad.
Prosecution
The Government of Colombia sustained effective law enforcement efforts
against trafficking offenders during the reporting period. Colombia prohibits
all forms of trafficking through its comprehensive anti-trafficking statute,
Law 985, which prescribes a minimum of 13 to 23 years’ imprisonment.
These penalties are sufficiently stringent and commensurate with those for
other grave crimes such as rape. In 2007, authorities initiated 182
anti-trafficking investigations (83 under the former legal system, and 99
under the new oral accusatory system), which represents a steep increase from
2006, when the government opened 49 investigations. The government also
initiated 44 trafficking prosecutions and achieved six convictions, compared
to 75 prosecutions and 10 convictions reported for 2006. Three trafficking
offenders received sentences ranging from four to 12 years in prison, and the
other three convicted traffickers are awaiting sentencing. The government
also instituted a database to track and monitor statistics on trafficking
cases, including victim information to help determine areas where Colombians
are vulnerable to being trafficked.
The government should consider broader use of proactive police techniques to
rescue victims from trafficking situations. The government cooperated on
international trafficking investigations with governments in Peru, Costa
Rica, Panama, Hong Kong, Japan, Singapore, Thailand, the Philippines, China,
and Vietnam. Although in the past, some NGOs have reported that corruption of
government officials was a problem, particularly in providing fraudulent
travel documents, investigating authorities received no specific complaints
during the reporting period.
Protection
The government improved victim protection efforts during the reporting
period. The Colombian government increased funding to NGOs to provide shelter
and other services to child trafficking victims. The government collaborated
closely with NGOs and international organizations that provided the bulk of
trafficking victim assistance. The government is finalizing plans to open an
anti-trafficking operations center, which will serve as a central repository
of anti-trafficking information for victims. The government also operates a
witness protection program, which only partially meets the need to provide
secure shelter for victims who choose to participate in prosecutions of
traffickers, due to the organized nature of criminal trafficking networks in
Colombia. The government does not have a formal mechanism for identifying
trafficking victims among vulnerable populations, such as displaced persons
or women in prostitution. In conjunction with IOM, the government trains
consular officials on recognizing potential trafficking victims abroad, and
providing Colombian trafficking victims with appropriate legal and social
services in coordination with local authorities. However, victim services
offered by the government overseas are limited to Colombian consular
districts with at least 10,000 Colombian residents, and are not likely to be
available to victims trafficked to remote locations in Asia, Europe, and the
Middle East. Colombian authorities encourage victims to assist in the
investigation and prosecution of their traffickers. There were no reports of
victims being jailed or otherwise penalized for unlawful acts committed as a
direct result of being trafficked.
Prevention
The government improved prevention efforts against human trafficking during
the reporting year, but continued to rely heavily on NGOs and international
organizations for the bulk of activities. In early 2007, the government
assumed responsibility for operating a national call center, a pilot program
which had been launched by IOM. The call center received more than 947
trafficking-related calls during the reporting period, and the government
continued to use the center to provide information to persons vulnerable to
being trafficked. The government also operates a comprehensive
anti-trafficking website that features a campaign entitled: “The Fight
against Trafficking in Persons: the next victim could be you!” As a
demand-reduction effort, Colombia penalizes individuals who organize or
facilitate sex tourism into the country through article 219 of its criminal
code, prescribing penalties of three to eight years’ imprisonment. No
investigations or prosecutions under this statute have been reported. No other
government campaigns to reduce demand for commercial sex acts were visible
during the reporting period, although the Colombian Congress is debating
criminal legislation related to this issue.
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