Latin American and Hemispheric Studies Program Capstone 2012
Human Trafficking:
An Invisible Crime on the Isla del Encanto
Ariana Gordillo de Vivero, Erin Payne, Maria Ploski, Monica Santis
1
TABLE OF CONTENTS
I. INTRODUCTION ...................................................................................................... 4
MARIA PLOSKI
II. METHODOLOGY .................................................................................................................. 5
ERIN PAYNE
III. UNDERSTANDING HUMAN TRAFFICKING............................................................... 7
MARIA PLOSKI
HUMAN TRAFFICKING GLOBALLY ................................................................................................. 8
ERIN PAYNE
HUMAN TRAFFICKING IN THE CARIBBEAN ..................................................................................... 9
ERIN PAYNE/MARIA PLOSKI
IV. ACADEMIC AND IN COUNTRY RESEARCH FINDINGS ............................................. 11
A.
STRUCTURAL CAUSES AND HUMAN TRAFFICKING IN PUERTO RICO .............................................. 12
MARIA PLOSKI
B.
GOVERNMENT AND CIVIL SOCIETY INVOLVEMENT .................................................................... 14
ARIANA GORDILLO
C.
GOVERNMENT AND PRIVATE/PUBLIC AWARENESS.................................................................... 15
MONICA SANTIS
D.
AVAILABILITY OF DATA ....................................................................................................... 18
MARIA PLOSKI
E.
SMUGGLING-TRAFFICKING NEXUS ......................................................................................... 20
MARIA PLOSKI
F. INTERAGENCY COMMUNICATION/COORDINATION .................................................................... 22
ARIANA GORDILLO
G.
ADDRESSING HUMAN TRAFFICKING ....................................................................................... 25
ERIN PAYNE
V. RECOMMENDATIONS .......................................................................................... 28
A.
RAID/RESCUE.................................................................................................................... 28
MARIA PLOSKI
2
B.
REHABILITATION/REINTEGRATION ......................................................................................... 29
ARIANA GORDILLO
C.
PROTECTION/PROSECUTION................................................................................................. 31
ERIN PAYNE
D.
PREVENTION ..................................................................................................................... 33
MONICA SANTIS
VI. CONCLUSION ...................................................................................................... 35
MONICA SANTIS
VII. APPENDICES ...................................................................................................... 36
A.
BIBLIOGRAPHY ................................................................................................................... 36
B. LIST OF INTERVIEWS ............................................................................................................ 38
C.
SAMPLE INTERVIEW QUESTIONS............................................................................................ 40
D. LETTER OF SUPPORT......................................................................................................... N/A
3
I. Introduction
The purpose of this research is to evaluate the prevalence of human trafficking in Puerto
Rico, assess public awareness of the crime, and provide recommendations for ways to raise
awareness within the territory. Academic research was conducted by Ariana Gordillo de
Vivero, Erin Payne, Maria Ploski, and Monica Santis over the course of Academic Year 20112012. In country research was conducted under the sponsorship of the Florida Coalition
Against Human Trafficking and its recently founded field office, Caribbean Coalition Against
Human Trafficking in San Juan, Puerto Rico from 12-16 March, 2012.
This report will address the prevalence of human trafficking globally, within the
Caribbean region, and within Puerto Rico specifically to include structural and socioeconomic
causes of trafficking, government and civil society involvement. The findings from the key
informant interviews will then be presented. The research will conclude with concrete
recommendation to government and civil society to raise awareness of human trafficking in
Puerto Rico.
4
II. Methodology
Given that the purpose of this investigation is to
determine the level of awareness and action of government
OUR SPONSOR, FCAHT
and non-profit organizations with regard to the issue of
human trafficking in Puerto Rico, the research team decided
that the most effective means to conduct this research would
be via key informant interviews with officials from various
agencies and organizations in Puerto Rico. According the to
Florida Coalition Against Human
Trafficking (FCAHT), an International and
Domestic Anti-Trafficking Agency, is a
501(c)(3) organization that has been
helping victims of human trafficking since
its creation in 2004.
the USAID guide to key informant interviews, this research
methodology is useful when qualitative, descriptive
information is sufficient for decision-making, when there is a
need to understand motivation, behavior, and perspectives
of customers and partners, and when a main purpose of the
research is to generate recommendations. 1 The Florida
FCAHT works closely with community
service providers to provide victims with
emergency food and shelter, medical and
psychological treatment and other
services as needed to help these
individuals restore their lives and their
freedoms.
Coalition Against Human Trafficking (FCAHT), an international
and domestic anti-trafficking agency, based out of Tampa,
Florida, facilitated the coordination of these interviews.
FCAHT is working to open a field office in Puerto Rico and
acted as our sponsor during the in country research.
FCAHT provide training to law
enforcement agencies, medical facilities,
faith-based, civil and community
organizations to bring awareness and
recognition to the sign and symptoms of
Human Trafficking.
The objectives of this investigation fit clearly into these characteristics. The time
constraints of the week-long research trip and the understanding that little to no quantitative
data existed on human trafficking in Puerto Rico placed limitations on the research. The
researchers determined that qualitative, descriptive information that would be gathered from
informant interviews would be sufficient and the best use of time for assessing the current
climate in Puerto Rico. Based on the lack of reports and studies as well as a lack of a local antihuman trafficking legal framework, the researchers determined that the next step to further
1
USAID. USAID Center for Development Information and Evaluation. Performance Monitoring and Evaluation Tips.
Vol. 2, 1996, 2.
5
understand the level of awareness would be to assess the attitudes and perspectives of
individuals in Puerto Rico who hold positions that have the power and means to produce policy,
trainings, guidelines, and campaigns on the issue of human trafficking. Key informant interviews
permitted the researchers to understand challenges, biases, and motivations that might aid or
hinder awareness about human trafficking in the Commonwealth. Additionally, the main
deliverable from this research is to provide concrete recommendations at a macro-level for
Puerto Rican policymakers as well as for the future work of the Caribbean Coalition Against
Human Trafficking (CCAHT) in Puerto Rico. The key informant interview methodology was
conducive to developing these recommendations.
However, even though the key informant interview methodology fit well for the
research objectives, it also had its limitations. Informant interviews can be susceptible to
interviewer biases. Given the background and contextual research already completed, the
researchers came to interviews with preconceived perspectives on the issue, and it is possible
that these perspectives came through in the questions and tone of the interview. Further, it is
possible that given the looser structure of the informant interview, the interviewee has the
opportunity to expound on subjects not directly related to the research, possibly forcing the
researchers to wade through long conversations to find the most relevant data. Even though
the interviews were conducted with crucial participants in the public and non-profit sectors,
actually proving the validity of the findings, without hard data may be difficult to prove. Finally,
the researchers had a long list of potential subjects for interviews in Puerto Rico and were able
to meet with many, however, due to time and scheduling constraints, the researchers were
unable to complete all desired interviews. See Appendix A for a complete list of interviews and
agencies.
6
III. Understanding Human Trafficking
There are an estimated 12.3 million trafficked persons in the world today; a
number greater than any other time in history, including the 400 years of the trans-Atlantic
slave trade. The human trafficking industry is an estimated $32 billion dollar industry affecting
161 countries.2 In 2009 the State Department cited data identifying more than 49,000 human
trafficking victims. 3 However, these numbers only account for
those victims that were identified. The focus on this often
invisible crime began in December of 2000 with the United
Nations Convention against Transnational Organized Crime in
Definition of Human
Trafficking:
[T]he recruitment,
transportation, transfer,
harbouring or receipt of persons,
by means of the threat or use of
force of other forms of coercion,
of abduction, of fraud, of
deception, of the abuse of
power or of a position of
vulnerability or of the giving or
receiving of payments or
benefits to achieve the consent
of a person having control over
another person, for the purpose
of exploitation.
Source:
http://globalsecuritystudies.com
/Brusca%20Palermo%20Final%2
0One.pdf
Palermo, Italy. 4 At the convention the United Nations adopted
the Protocol to Prevent, Suppress, and Punish Trafficking in
Persons, Especially Women and Children. This protocol is also
known as the Palermo Protocol and was part of an effort to
create a global initiative to fight human trafficking.
In the same year the United States enacted the
Trafficking Victims Protection Act (TVPA). The TVPA defines the
major forms of trafficking, which include forced labor, sex
trafficking, bonded labor, debt bondage, domestic servitude,
child labor, child soldiers and child sex trafficking. While the
TVPA uses many terms to address human trafficking such as
involuntary servitude, forced labor, and debt bondage, it also
addresses the fact that human trafficking can occur even if the
victim at one time consented to the situation.5 The TVPA has
2 “International Trafficking.” Polaris Project. Nd. Web. 21 Apr 12. <http://www.polarisproject.org/humantrafficking/international-trafficking>.
3 “Global Law Enforcement Data.” U.S. Department of State. Nd. Web. 21 Apr 12.
<http://www.state.gov/j/tip/rls/tiprpt/2010/142752.htm>.
4 “United Nations Convention against Transnational Organized Crime and the Protocols Thereto.” United Nations
Office on Drugs and Crime. 2012. Web. 21 Apr 12. <http://www.unodc.org/unodc/en/treaties/CTOC/>.
5
“What is Trafficking in Persons?” U.S. Department of State. Nd. Web. 21 Apr 12.
<http://www.state.gov/j/tip/rls/tiprpt/2010/142747.htm>.
7
been reauthorized three times since its creation: in 2003, 2005, and 2008 and the legislation is
currently under consideration by Congress for a fourth reauthorization. Major strides have
been made in the last 12 years since the enactment of the Palermo Protocol and TVPA to
protect victims, prosecute perpetrators and prevent human trafficking, but there is still a large
amount of misunderstanding surrounding the topic.
“The local context of each country and the specific situation of the
potential victim will determine which persons are most at risk.”
A. Human Trafficking Globally
Due to the challenging and complex nature of the human trafficking issue, the
identification of perpetrators and victims becomes problematic. The motivations behind human
trafficking and the situations that leave victims vulnerable to human trafficking can vary based
on region, country, and current economic situation. As the International Organization on
Migration (IOM) states in their exploratory report on the human trafficking in the Caribbean
“the local context of each country and the specific situation of the potential victim will
determine which persons are most at risk, as well as how they fall in the hands of traffickers
and how they are exploited.” 6
One of the key characteristics of a trafficking victim is that he or she has been moved
from one place to another for the purposes of exploitation. The movement may be but is not
necessarily over a national border; some victims are trafficked within their original country of
residence. Further, how a victim travel varies; travel can be both legal and illegal, but a member
of the human trafficking network generally accompanies it.7 The act of trafficking in persons
often begins with either full or partial deception of the victim. Victims think they are being
recruited for a job elsewhere in the country or in another country, but when they arrive they
find that the job is much more exploitative than they were promised or they have a different
6
“Exploratory Assessment of Trafficking in Persons in the Caribbean.” IOM.org. 2010. Web. 21 Apr 12.
<http://publications.iom.int/bookstore/index.php?main_page=product_info&cPath=1&products_id=704>. Pg, 8.
7
Ibid, 9.
8
job entirely that they are coerced to do. There are some cases of abduction that lead to human
trafficking, but most begin with deception. As such, a common characteristic of many human
trafficking victims is that they come from a lower or even desperate economic situation. A
victim is eager to find a way to make additional income, and is therefore more vulnerable to
promises of jobs elsewhere. While human trafficking flows can lead in all directions, the flow is
often from less developed toward more developed countries or tourist areas. 8
There is no single profile for traffickers and exploiters. One common trait, though, is
that traffickers select the best method to control and coerce their victims into exploitation.
Depending on the particular vulnerabilities of the victim, traffickers may use physical violence,
psychological coercion, debt bondage, threats against family members, lies and deceit,
withholding documents, and/or subjecting victims to unpredictable or uncontrollable situations
in order to keep the victim in the situation of exploitation.9
B. Human Trafficking in the Caribbean
Latin America and the Caribbean, two of the poorest regions of the world, contain a
number of structural development and cultural issues that have contributed to trafficking in the
region. Demographic problems of “high birth rates, large youthful populations” and high
population density, along with a lack of economic growth, exacerbate the poverty in the
region.10 Cultural factors such as machismo, gender discrimination and permanent damage
from colonization and the slave trade are also prevalent. Together the developmental and
cultural issues create an environment ripe for a vulnerable population and a desire for the
citizens of the Global South to move to the Global North.
The Caribbean is an area of extensive migration. It has one of the highest rates of
movement relative to its population. Additionally, the largest movement of people in the
Caribbean is the flow of individuals into the region for recreational purposes, twelve million
8
Ibid, 10.
Ibid, 13.
10
Shelley, Louise. Human Trafficking: A Global Perspective. Cambridge: Cambridge UP, 2010. Print. Pg 265.
9
9
visitors per year.11 The foundations of human trafficking in the Caribbean lie in problems of
poverty and the lack of opportunity as well as marginalization and violence that predominantly
affect the most vulnerable members of society. As mentioned earlier, these economic and
social challenges make individuals much more susceptible to false promises of employment or
additional income. “The absence of a sustainable livelihood creates strong push factors for
persons to seek new opportunities.” 12 Even more, the migrants from lower socioeconomic
positions in the Caribbean do not produce a consistent migrant flow; the flow is often irregular,
easily started or stopped. Thus, it is very difficult to asses the number of irregular migrants
coming or going through Caribbean countries, which makes the identification of trafficking
victims that much more of a challenge.
Further, the demand for inexpensive and low-skilled labor in countries throughout the
Caribbean leads employers and recruiters to advertise for workers though newspapers, internet
sites, and more informal channels such as word-of-mouth. Such advertisement is effective for
facilitating migration but is also used for the exploitation of the vulnerabilities of migrants who
might answer the ads. Jobs offered include cashiers, bartenders, waitresses, domestic workers,
salesclerks, baby-sitters, manual laborers, dancers, and masseuses. Some of the
advertisements may offer additional incentives like transportation, accommodation, training,
and enticing salaries. 13 Trafficking within Puerto Rico includes all forms of trafficking such as
forced labor, sex trafficking and tourism, and child victimization.
11
“Exploratory Assessment,” 28.
Ibid, 30.
13
Ibid, 33.
12
10
IV. Academic and In Country Research Findings
The following research findings are presented in greater detail in the section below:
Structural Causes/Types of Trafficking in Puerto Rico
• Structural and socioeconomic issues contribute to trafficked victims and the
vulnerability of migrants.
• The majority of trafficked migrants come from the Dominican Republic.
• Within Puerto Rico, human trafficking includes labor and sexual exploitation of children
and adults.
Legislative Framework and Civil Society Involvement
• Puerto Rico does not have a local anti-trafficking law.
• Some local anti-abuse laws services indirectly combat trafficking.
• The only civil society organizations that directly address human trafficking in Puerto Rico
are the Ricky Martin Foundation and the new Caribbean Coalition Against Human
Trafficking.
Governmental and Public Awareness
• Varying degrees of awareness among government agencies, civil society organizations,
and the general public.
Availability of Data
• Limited sources of data availability, both quantitative and qualitative.
Smuggling/Trafficking Nexus
• Smuggled migrants from the Dominican Republic make up a large amount of trafficked
victims.
Interagency Communication/Coordination
• Communication is the greatest challenge to awareness/victim assistance.
• Inter-agency & intra-agency cooperation/communication must improve.
• Non-governmental organizations are generally excluded.
• Lack of communication between government organizations and the community.
Interest and Receptiveness in Addressing Human Trafficking
• Each government agency and non-profit organization expressed a willingness to either
begin or enhance applicable anti-trafficking programs, trainings, or protocols.
11
A. Structural Causes and Human Trafficking in Puerto Rico
The same structural issues that contribute to trafficking in the Caribbean also exist in
Puerto Rico and trafficking on the island includes all forms of labor and sex exploitation of
adults and children. Puerto Rico also acts as a source and destination country for human
trafficking and the victims include Puerto Ricans and regional migrants from the Dominican
Republic, Colombia, Haiti, and even China. The traffickers are often smugglers promising a
better life in another location or family members who are trying to alleviate the povertystricken conditions in which they live.
Types of Trafficking in Puerto Rico:
•
Labor Trafficking of Adults – agriculture.
•
Sex Trafficking of Adults – prostitution, “purchased marriage.”
•
Labor Trafficking of Children – drug runners.
•
Sex Trafficking of Children – commercial sex, sexual exploitation by family.
Labor exploitation of adults includes the recruitment of Puerto Ricans who are trafficked
to the United States to work in agriculture. 14 The island is also a destination for many
Dominicans attempt to migrate to Puerto Rico due to economic reasons and are exploited upon
arrival. The Organization of American States (OAS) produced a report called “Uncharted
Migration” that cited a 2006 raid of a shrimp company, Eureka Marine Products, that exposed
many undocumented Dominicans had been trafficked into bonded labor and were being held in
inhumane conditions. 15 In addition to Dominicans, Haitians and the Chinese are the other
groups most trafficked into Puerto Rico. Labor exploitation of minors is generally linked to the
selling of illegal drugs. Reliance on this source of revenue is commonplace due to a large
population of poverty-stricken youth. Children often turn away from licit means of making
14
Shelley, 236.
“Uncharted Migration: OAS Rapid Assessment Report of Trafficking in Persons from the Dominican Republic into
Puerto Rico.” OAS.org. Apr 2012. Web. 21 Apr 12. <http://www.oas.org/atip/reports/uncharted%20migration-prdr%20report%20final%20april%2024,%202006.pdf>. Pg 3.
15
12
money towards selling drugs because the illicit market generates more revenue. In Puerto Rico
there are an estimated 1,100 drug selling points and the youth both sell and deliver drugs as
runners, often in business for their family.
Tourism is a large contributor to the sex trafficking of women and prostitution in Puerto
Rico and the OAS cites 1,566 foreign women who were detained for prostitution in 2004. This
number includes many Dominican women clandestinely smuggled into the country as
undocumented immigrants only to become trafficking victims. This source of sex laborers also
includes Colombians. 16 These women participate in both sophisticated sex work and street
prostitution, and are also victims of purchased marriages. Much of the sex work takes place in
hotels instead of brothels as clients are often tourists given tips by taxi drivers. Another form
takes place in “massage parlors” where a customer purchases a “massage” and chooses the
woman administering the massage. The customer is then taken into a room where there is a
bed in addition to the massage table. 17 Women from the Dominican Republic are especially
vulnerable to “purchased marriage.” In these cases many women agree to marriage and hope
to obtain residency papers. Once their “husbands” purchase them, however, they often fall
victim to blackmail and sexual exploitation.
Sexual exploitation of children most often involves exploitation of the minor by the
parent or guardian. In many cases the parents sell the minor for economic reasons and the
generated income often provides for the rest of the family, or in some cases, a drug addiction.
Some victims speak of being sold as early as five years old, repeatedly, until they are able to
leave the house. These cases seem to be most prevalent in San Juan or in the mountainous area
where a cultural pattern of exploitation of minors by parents exists. Children are also often
exploited while in foster care and the Ricky Martin Foundation (RMF) cites 38,149 children
within the country who have been removed from 16,022 homes. 18 The children are exploited
16
“Human Trafficking in Puerto Rico: An Invisible Challenge.” Ricky Martin Foundation/Protectionproject.org. Jan
10. Web. 21 Apr 12. <http://www.protectionproject.org/wp-content/uploads/2010/09/RMF-Eng.pdf>. Pg 7.
17
Ibid, 8.
18
Ibid, 11.
13
by their guardians or others within the system and are subjected to abuse and commoditization
due to abject poverty, in order to provide income.
B. Government and Civil Society Involvement
Due to the complex nature and multi-dimensional aspects of human trafficking,
government and civil society involvement is crucial. It is important to first take a look at what
laws and regulations already exist, or, don’t exist. This will pave the way to determine the
needs of increased involvement by both government and civil society. According to the 2011
Trafficking in Persons Report published by the Department of State:
In the Commonwealth of Puerto Rico there were no reported trafficking cases. NGOs
worked to bring the issue to the attention of the legislature, law enforcement,
service providers and the public at large. Puerto Rico had no local anti-trafficking
law; there is an outstanding proposal to revise the penal code to include trafficking.
There were no local government efforts or coordination with federal authorities to
address human trafficking.
As a commonwealth of the United States, Puerto Rico does fall under U.S. Federal Law
within the most recent William Wilberforce Trafficking Victims Protection Reauthorization Act
of 2008. The Trafficking Victims Reauthorization Act of 2008’s purpose is to authorize
appropriations for the Act’s enhancing of measures used to combat trafficking in persons.19 The
problem, according to some, comes from a gap between the identification of trafficked persons
at the local level and the prosecution of cases at the federal level.
Puerto Rico does not have its own local anti-trafficking law. The absence of a local law
contributes to the lack of awareness of the issue and the prosecution of cases of human
trafficking on the island. However, studies, such as the RMF’s 2010 study “Human Trafficking in
Puerto Rico: An Invisible Challenge”, have shown that the island has problems with trafficking.
19
“William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008.” 110th Cong., 2nd sess. Cong
H.R. 7311. Washington, 2008. Print.
14
Because of the fact that at this point in time, there is no local law or regulation concerning
human trafficking, there seems to be no direct government involvement in dealing with the
prevention or combating of human trafficking. At the local level, the Puerto Rican government
offers several laws and regulations that have the potential to indirectly combat forms of human
trafficking. Such laws include direct wording against domestic abuse, sexual assault, child
abuse, child pornography, human smuggling, labor laws, and prostitution. 20 Further, the
Department of Family Services is responsible for the well-being of minors and women, both
physical and emotional. They have programs available for placing women and children in
shelters when there are cases of domestic abuse, child abuse and abandonment.
Within Puerto Rican civil society, the issue of human trafficking is starting to gain
momentum, even if slowly. As mentioned previously, the CCAHT is in its initial stages of
creating relationships and seeking funding opportunities in Puerto Rico. The initial efforts of the
RMF brought attention to this issue. The RMF has programs in Puerto Rico, such as Se Trata,
which is a community program that provides awareness training workshops to government
officials as well as educators and press. Other programs include to the support of one particular
center, the Child Development and Prevention Center in Loiza, Puerto Rico, and a missing
persons network the enables police to inform the population
C. Government and Private/Public Awareness
The RMF report, continues to stand out as one of the only reports that focus on human
trafficking in Puerto Rico. The overall lack of material on the subject highlights the underlying
issue of a pervasive gap in awareness in both governmental agencies and the general public.
Upon investigation, governmental agencies were loosely aware of the human trafficking
problem but lacked any formulated protocols or anti-trafficking training. In cases where a
campaign existed, the profound lack of public awareness created a major obstacle in the
20
“Código Penal de 2004, Disposiciones Generales.” Departamento de Justicia. 2004. Web. 21 Apr 12.
<http://pr.microjuris.com/ConnectorPanel/ImagenServlet?reference=/images/file/33codigopenal_subtitulo4cod.p
df>.
15
implementation process. Lastly, human trafficking stands out as a relatively new term, of which
the general public is unaware.
Governmental agencies are slowly beginning to recognize the scope of the human
trafficking problem and are in the early stages of administering training or public awareness
campaigns. The Honorable Maximo Tavares, Consul General of
the Dominican Republic, reported being extremely aware of the
human trafficking problem in the Dominican communities. He
noted that their office was consistently receiving notice from
victims of human trafficking, predominantly from undocumented
Dominican migrants. However, the misidentification of
trafficked persons as smuggled persons creates an obstacle to
Government and Civil Society
Organizations with greatest level
of awareness:
Ricky Martin Foundation
the identification of true victims and these misperceptions
Department of Homeland Security
convey a high lack of awareness. Human smuggling, el tráfico
Immigration and Customs
Enforcement
humano, constitutes a crime against the state and is an issue of
immigration while human trafficking, la trata humana,
constitutes a crime against the exploited individual and is an
issue of human rights. Department of Homeland Security (DHS)
Public Affairs Officer, Jeffery Quinones, also noted how
Immigration and Customs Enforcement (ICE) and DHS recognize
Moderate awareness:
Dominican Counsel
Office of Ombudsman
that there is a connection between human smuggling and
human trafficking, but the average person remains completely
unaware of the connection, or even difference, between the
two.
Some awareness:
Red de Albergues
Interviews with ICE and Licenciada Iris Miriam Ruiz Class,
Ombudsman of Puerto Rico, demonstrated that both offices are highly knowledgeable on the
issue of human trafficking with programs already in place or in the implementation process.
The interviewed ICE agents cited human trafficking as the number four priority for Homeland
16
Security Investigations (HSI). Their program, the Blue Campaign, focuses on prevention through
outreach to communities that educates civil society and reaches out to local Puerto Rican
agencies. They stated that they are actively engaged in task force implementation with the
Puerto Rican and community outreach. Even so, the Puerto Rican police have limited
awareness of human trafficking, and the general public has little knowledge on the issue, which
stifles any proactive measures to spread awareness. The ICE agents further posited that an
ignorance of the term “la trata humana” in the general public and how to identify a trafficking
victim are major factors that severely limit the number of individuals who contact ICE about
human trafficking cases. Licenciada Iris Miriam Ruiz Class also brought up the challenge of
awareness concerning human rights. Her office had ample knowledge on the problem and
expressed surprise at how little understanding there is on the subject. Through FIO, the
Iberoamerican Federation of Ombudsman, the Office of the Ombudsman had set up human
trafficking workshops with DHS and the Federal Bureau of Investigations that offered education
and training.
The government agencies interviewed demonstrated a genuine willingness to participate in
outreach incentives in varying degrees. However, because the nature of the crime is generally
unknown to the public and often misidentified as smuggling or domestic violence, the victims
remain invisible because there is not enough public education on the subject. A majority of
those interviewed expressed how most Puerto Ricans fail to believe that human trafficking
exists in their communities because the term is new, tabooed, or confused with another crime.
Therefore, there is an overall lack of understanding at a societal level. As ICE expressed, this
knowledge vacuum applies to law enforcement as well. As such, human trafficking continues to
be a new concept where government agencies are in the process of increasing awareness. The
Office of Bio-Security at the Department of Health went so far as to note how there exists a
denial of a human trafficking problem due to the newness and uncomfortable nature of the
topic. As an island that also struggles to address issues of incest, an unwillingness to confront
the problem presents an obstacle for further outreach and awareness operations.
17
On the NGO level, in particular with the Red de Albergues, a network of shelters in Puerto
Rico, the lack of awareness amidst government officials was noted. Without the understanding
of the governmental sector, the non-governmental sector expressed a lack of support and a
failure to highlight the problem. Vilmarie Rivera, the director, expressed how the social
workers were well aware of the issue and promoting outreach campaigns. They expressed the
need for widespread public education programs due to a lack of awareness in most
communities. Overall, human trafficking continues to lack definition and the misperceptions
and misidentification of the problem continues to be a major obstacle in augmenting a greater
public awareness.
D. Availability of Data
The background and in-country research for this project highlighted a very limited
amount of information regarding the existence of human trafficking in Puerto Rico. Some
government and private agencies attest to the prevalence of human trafficking, cite specific
cases, or attempt to provide data, but ultimately there are very few sources and they lack
concrete and comprehensive data. This section will provide a short discussion of the availability
and quality of these sources.
The State Department Trafficking In Persons Report discusses trafficking in Puerto Rico
as a U.S. insular area. It highlights the fact that anti-trafficking statutes do apply and that
“systemic issues prevent full enforcement of the law.” 21 Regarding the prevalence of human
trafficking in Puerto Rico, the State Department reports sex trafficking of children, Dominican,
Haitian and Chinese women but does not include any data. The RMF report also attests to the
pervasiveness of human trafficking in Puerto Rico but bases this claim on a victim interviews. It
mentions only one specific case, the Eureka Marine Products case, with data regarding the
number and ethnicity of the victims.
21
“Country Narratives: Countries N Through Z.” U.S. Department of State, Office to Monitor and Combat
Trafficking in Persons. 2011. Web. 21 Apr 12. <http://www.state.gov/j/
tip/rls/tiprpt/2011/164233.htm>.
18
18 USC 2422
(a)Whoever knowingly persuades,
induces, entices, or coerces any
individual to travel in interstate or
foreign commerce, or in any Territory or
Possession of the United States, to
engage in prostitution, or in any sexual
activity for which any person can be
charged with a criminal offense, or
attempts to do so, shall be fined under
this title or imprisoned not more than 20
years, or both.
(b)Whoever, using the mail or any facility
or means of interstate or foreign
commerce, or within the special
maritime and territorial jurisdiction of
the United States knowingly persuades,
induces, entices, or coerces any
individual who has not attained the age
of 18 years, to engage in prostitution or
any sexual activity for which any person
can be charged with a criminal offense,
or attempts to do so, shall be fined under
this title and imprisoned not less than 10
years or for life.
18 USC 1591
(a)Whoever knowingly—
(1)in or affecting interstate or foreign
commerce, or within the special
maritime and territorial jurisdiction of
the United States, recruits, entices,
harbors, transports, provides, obtains, or
maintains by any means a person; or
(2)benefits, financially or by receiving
anything of value, from participation in a
venture which has engaged in an act
described in violation of paragraph (1).
Source:
http://www.law.cornell.edu/uscode/text
22
23
The OAS attempts to provide quantitative data in
their report “Uncharted Migration.” The data is pulled
from a multitude of sources and includes the number of
undocumented immigrants apprehended, number of
prostitution related arrests by the Puerto Rican police,
number of deported aliens reported by the San Juan
police, and the number of migrants intercepted by the
U.S. Customs and Border Patrol and the U.S. Coast
Guard.22 These sources are varied, limited in time, and
are specific to certain locations.
The Assistant U.S. Attorney, Dina-Avila Jimenez,
provided the only information regarding known or
prosecuted cases of human trafficking. The first case
prosecuted in Puerto Rico was an attempt by a Chinese
national to traffic Malaysian female minors to the United
States for the purpose of prostitution. The Malaysian
girls were told they would be models but once they were
brought to New York, their passports were confiscated
and they were locked in an apartment. They were sold to
Asian males and then taken to Chicago and San Juan
where the U.S. Attorney’s Office opened an investigation
with DHS ICE. The case was brought to court under 18
USC 2422.23
The most recent case and the only case
prosecuted under US Code 1591, Sex Trafficking of
“Uncharted Migration,” 33.
Jimenez, Dina-Avila. Assistante U.S. Attorney. Personal Interview. 15 Mar 12.
19
Children or by Force, Fraud, or Coercion. 24 In this case, Rommel Cintron Pons also known as
"Peluquin," was believed to be prostituting minor girls. According to the District Attorney, a
number of issues with the investigation, including lost evidence, a questionable informant, and
the lack of investigating agency follow up, led to a quick apprehension and the identification of
five victims; two adults and three minors aged 17, 17, and 16 years old. “Peluquin” was
prosecuted under a specific section of US Code 1591 which carries no minimum sentence and
only a maximum sentence. 25
The only organization that attempts to provide actual data is the Department of Justice
(DOJ) Bureau of Justice Statistics. The DOJ maintains a database, The Human Trafficking
Reporting System, and produces a publication containing the characteristics of cases. However,
the database is a secured online tool and the data presented in the report, “Characteristics of
Suspected Human Trafficking Incidents” does not provide specific demographic information on
human trafficking cases. Without more qualitative and specifically quantitative information, it
is difficult to assess the true extent of the problem. What is unclear is if the lack of data on
identification and prosecution is contributing to a lack of public awareness, or if the lack of
public awareness is contributing to a lack of identified cases and therefore a lack of data.
E. Smuggling-Trafficking Nexus
When vulnerable populations experience the push-pull economic factors of migration
and attempt to leave the poverty of their own country for the promise of higher wages in
another, the potential for exploitation is high. In Latin American the distinction between
smuggling and human trafficking remains especially unclear at times because trafficking is often
translated as tráfico humano and not as la trata humana, which more closely defines human
trafficking and the associated coercion against an individual. Alternately, smuggling is defined
by ICE as,
“the importation of people into a country via the deliberate evasion of immigration
laws.”
24
25
Ibid.
Ibid.
20
Human smuggling is considered a crime against the state. This nexus between migration and
trafficking is especially prevalent between the Dominican Republic and Puerto Rico and is a
result of historic migration to Puerto Rico and the economic situation in the Dominican
Republic.
Migration from the Dominican Republic began in the 1960s and 1970s after political
unrest in the country. 26 The migration flow was characterized by Dominicans who were of a
higher socioeconomic class than those migrants arriving in the 1980s and 1990s and many
immigrants from the first wave were able to gain legal status.27 This second flow of Dominican
migration is characterized by a poor class of migrants who attempt to escape the extreme
poverty in the Dominican Republic. This vulnerable population resorts to illegal immigration
and utilizes the Mona Passage. The island of Mona is located approximately halfway between
the two countries and provides a drop off point for illegal immigrants arriving from the
Dominican Republic.28 According to an interview with the Customs and Border Patrol, these
immigrants arrive in dangerous boats called “yolas” that are hardly seaworthy. If they reach
Mona however they are not immediately returned to the Dominican Republic.
In a key informant interview with the Dominican Consulate, Consul General Maximo
Taveras stated that trafficking does exist for this vulnerable population. According to the
Consul General, Dominican migrants to Puerto Rico make up the second largest Dominican
diaspora and these migrants are often prostituted or exploited for labor on farms in Puerto Rico
and in other locations throughout the world. Women tend to be exploited most and account for
more than 76 of every 100 migrants leaving the Dominican Republic.29 While the consulate did
not keep any data, the Consul General cited as many as eight cases of human trafficking of
Dominicans in a three-month period. Factors the consulate believes contribute to trafficking
include the economic situation in the Dominican Republic. The economic situation is so dire
26
“Uncharted Migration,” 14.
Ibid, 14.
28
Ibid, 14.
29
Ibid, 18.
27
21
that Dominican migrants are willing to travel to Puerto Rico in unsafe conditions via the
“yola.” 30
The migrants that make it to Puerto Rico often find themselves on the other side of the
Mona Passage in an even more dire situation than the one they left. The Dominican Consulate
provides victim assistance but cites a number of challenges in regards to combating human
trafficking, the most difficult being the deeply rooted structural issue of poverty. The fact that
the victims are undocumented means they are often not processed as victims of trafficking but
rather as illegal migrants. In order to be processed as a trafficking victim they have to first be
granted a parole visa.
HUMAN SMUGGLING
HUMAN TRAFFICKING
The nexus between human smuggling and human trafficking creates a high-risk and
dangerous situation for these vulnerable populations who are desperately trying to escape their
current circumstances. They must leave their country of origin in order to provide for
themselves and their families and they are often exploited by the smuggler/trafficker that has
access to their families in the Dominican Republic. While the consulate is working with other
organizations such as the Mayor’s office and ICE, more must be done to prevent this migration
in the first place and protect these victims once they arrive in Puerto Rico.
F. Interagency Communication/Coordination
Another major finding from the interviews was the persistent clear communication
challenges that exist within government agencies and with the non-profit sector organizations.
30
Ibid, 14.
22
Communication appears as an issue at every level according to the majority of those
interviewed. In addition to an absence of communication within public sector, there also is an
exclusion of non-governmental agencies in the conversation on human trafficking. Although a
joint task force between the DHS ICE and the local police departments exists, communication
was still one of the most resounding challenges observed by those interviewed.
When meeting with the Office of the Ombudsman, the topic of communication came
up with the subject of overall challenges for combating and preventing human trafficking in
Puerto Rico. Communication among agencies was said to be missing, along with, or because of,
bureaucracy inevitably interwoven within the government.31 In addition to making a
generalization about the lack of communication between agencies, the Ombudsman, Iris
Miriam Ruiz Class, was able to pinpoint where there needed to be more communication. She
emphasized that communication and cooperation needs to improve between Immigration and
Customs Enforcement, the Department of Homeland Security, the Federal Bureau of
Investigations and the Department of Family of Puerto Rico. Likewise, the Sub-Secretary for the
Department of Health, Dr. Concepción Quinones de Longo, also alluded to communication as a
particular challenge to combating human trafficking. She also mentioned a need for clearer
communication at the intra-agency level, within her own department. For Dr. Quinones, it was
a challenge that could be concretely addressed in order to bring departmental awareness of
human trafficking.
Communication, just within one entity such as the Department of Health, was a factor
echoed by the Director of the Oficina de Preparación y Coordinación de Respuesta en Salud
Pública (Biosecurity), Johnny Colon. Colon, as well as his colleagues, agreed that communication
is a major challenge at the inter-agency level, but an even greater challenge at the intra-agency
level. The obstacle of communication was further elucidated by the comment that there is a
gap in communication at the community level, between government agencies and local
communities, particularly in terms of emergency protocols and strategic planning with the
31
Ruiz Class, Iris Miriam. Office of the Ombudsman. Personal interview. 15 Mar 2012.
23
Office of Biosecurity. 32 If a lack of communication within and between government agencies
exists, it is likely there is a similar situation for non-governmental organizations, such as the Red
de Albuergues and Paz Para la Mujer. These organizations alluded to a lack of communication
and understanding on the subject of human trafficking.
From the perspective of an average citizen, we were made aware of the lack of general
communication between agencies as well as an overall absence of subject matter on human
trafficking. Alexis Morales-Cales, author of a book, See The Devil Dressed in Blue, detailing the
events surrounding one of Puerto Rico’s only human trafficking cases actually brought to court,
describes the lack of education on human trafficking within government as one of the main
culprits in a lack of communication. Cales also notes that there are isolated efforts within
government to bring light to the issue of human trafficking, but unfortunately these efforts are
scattered and lack cohesive communication.
“Human trafficking exists in Cordillera while the Department
of Family is alarmed by girls selling chocolates for their graduating
classes. But the majority of the agency heads remains insensitive to
the plight of girls, who instead of selling chocolates, are being sold
like chocolates.” 33 ~Alexis Morales-Cales
The Immigration and Customs Enforcement’s HSI, stands out as the one key informant
interview that highlighted a different outlook on the subject of communication with other
agencies and non-governmental entities. HSI, heads up the Blue Campaign in Puerto Rico, a
Federal-level initiative established in 2010 by the Department of Homeland Security’s Secretary
Janet Napolitano with the purpose of coordinating and enhancing anti-human trafficking efforts
by the Department of Homeland Security. 34 According to the ICE Agents interviewed, one
32
Colon, Johnny. Oficina de Preparación y Coordinación de Respuesta en Salud Pública, Departamento de Salud.
Personal Interview. 14 Mar 2012.
33
“Explotación de niñas en la Cordillera.” El Visitante de Puerto Rico. 1 Dec 2010. Web. 21 Apr 12.
<http://www.elvisitante.biz/ev/index.php?option=com_content&view=article&id=2698:explotacion-de-ninas-enla-cordillera&catid=14:actualidad&Itemid=23>.
34
“Fact Sheet: DHS Blue Campaign.” U.S. Department of Homeland Security. Nd. Web. 21 Apr 12.
<http://www.dhs.gov/ynews/gc_1279809595502.shtm>.
24
aspect of the Blue Campaign is a joint task force comprised of ICE and local police department
officers. The partnership between these two agencies should communicate and coordinate
efforts to bring the issue of human trafficking to the forefront in Puerto Rico. The ICE agents
also noted that they constantly attempt to reach out to state agencies, departments, and
organizations to provide training and materials on the topic of human trafficking. However,
even though communication may occur between ICE and local police, the obstacle of unclear
communication between other government agencies as well as with the non-profit sector will
continue to be an issue to address.
G. Addressing Human Trafficking
The findings illuminate how many of the agencies in the public and non-profit sectors in
Puerto Rico are just starting to further their understanding on the issue of human trafficking
and have yet to implement many long-term programs, trainings, and protocols. However,
during the interview process, it was evident that there exists a willingness and strong interest to
find ways to combat the issue of human trafficking within each agency or organization. Going
into the key informant interviews, it was assumed that there would be no outright denial of
human trafficking on the island, but it was considered a possibility that some agencies would
not see it as an issue that falls under their realm of responsibility or even on their list of
priorities. However, the overall attitude of all the public officials and non-profit directors was
that human trafficking is a significant issue to be addressed in Puerto Rico; they also expressed
that their offices, in one way or another, could have the capacity to take it on.
Interviews with the Red de Albergues and Paz Para la Mujer, a non-profit organization
that helps to connect women’s shelters and women’s services organizations indicated that
these two non-profits were interested and eager to learn more about how to use existing
shelter and rehabilitation frameworks to accommodate victims of human trafficking. Vilmarie
Rivera, particularly mentioned that when she attended the World Conference on Women’s
Shelters in Washington, DC two weeks prior, the focus for many of the sessions were on
shelters for victims of human trafficking. She thought that examining models of established
25
shelters for victims of human trafficking in Latin American countries such as Argentina and
Guatemala would be one of the best starting points for organizations such as Red de Albergues
in Puerto Rico to begin to incorporate training for social workers and guidelines for the
rehabilitation of trafficking victims.
Further, departments of agencies who originally did not think that that they do have a
role to play in the prevention of human trafficking approached the interview with an open
attitude and finished the interviews with a resolve to learn more and develop relevant
protocols. This was particularly the case with the Department of Bio-security within the
Department of Health of Puerto Rico. Given Puerto Rico’s location and island status, the
likelihood of a catastrophic event such as a hurricane or earthquake is much higher than in
other land-locked locales. The office of bio-security within the Department of Health plays a key
role in strategic planning for emergency services in the case of a catastrophic event. In early
2010, when the earthquake stuck Puerto Rico’s neighbor, Haiti, ensuing chaos meant that many
earthquake victims slipped through the attention of emergency services and became victims of
human trafficking. 35
When asked if they had a protocol or trainings for emergency shelter workers to help
prevent human trafficking in the case of a catastrophe, the officials acknowledged that they did
not. As the interview continued, though, they brainstormed several ways to incorporate antihuman trafficking guidelines into their training curriculum for health workers and volunteers.
They also mentioned introducing the idea of an anti-trafficking protocol to the Puerto Rico
branch of the Emergency Support Function, an inter-agency task force that also includes NGOs
such as the Red Cross and the Salvation Army. At the end of the interview, the Bio-security
officials had made an appointment with the Director of the Caribbean Coalition Against Human
Trafficking for a follow-up meeting on training.
35
“Trafficking in Persons Report, 2010.” U.S. Department of State, Office to Monitor and Combat Trafficking in
Persons. 2010. Web. 31 Mar 2012. <http://www.state.gov/j/tip/rls/tiprpt/2010/>.
26
Overall, there was a sense throughout most of the interviews that acknowledged a need
to develop protocols and training at the level of the first responder – police, investigators, and
social workers. In recognizing that so few cases of human trafficking in Puerto Rico have
actually been exposed and prosecuted, these agencies appeared open to the idea of developing
training programs for the individuals who have their boots on the ground. The Caribbean
Coalition Against Human Trafficking is currently developing a proposal for a grant that would
fund a training program for Puerto Rican police officers and involves a partnership with the
Fiscalía Federal (U.S. Attorney’s Office).
Even with the receptive attitudes and expressions of interest in developing antitrafficking training and protocols, only words and ideas were exchanged. As mentioned earlier,
the buy-in of these officials is essential to develop greater awareness of the issue of human
trafficking in Puerto Rico, to expose and prosecute cases, and to prevent human trafficking on
the island. However, these interviews did not end with an accord or formal commitment from
any agency for future actions. With the constraints of resources and the voices of other
priorities in government, there is a series of other factors that might inhibit receptiveness and
interest from becoming action.
27
V. Recommendations
All the research indicates that human trafficking is prevalent in Puerto Rico despite the
reality that there is a lack of awareness, both governmental and public. Recommendations that
follow will address both the micro and macro levels. For the victim, recommendations will
follow the framework of the “4R” paradigm: Raid, Rescue, Rehabilitation and Reintegration.
For greater public/private awareness and coordination, recommendations will follow the
framework of the“3P” paradigm: Prevent, Prosecute and Protect.
A. Raid and Rescue
Raids and rescues are the first steps in removing victims from vulnerable and
exploitative situations. But before victims can even be rescued, they must be positively
identified as human trafficking victims. HSI, which is part of DHS and ICE, was the only
organization interviewed that currently investigates human trafficking in Puerto Rico. HSI cites
human trafficking as the organization’s fourth priority and has recently launched the DHS Blue
Campaign in Puerto Rico. The organization is also part of an inter-agency task force that
includes the police, hospitals and schools, but the task force seems to be geared towards
awareness and not towards raid/rescues.
The response to human trafficking remains mainly at the federal level and lacks an
initiative for greater inclusion of state and municipal level public and private organizations in a
joint task force to assist in raids and rescues of human trafficking victims. Many of the Puerto
Rican government ministries interviewed, as well as NGOs, confirmed they were not part of any
dialogue on an integrated human trafficking task force, though they believed it was necessary.
In order to best provide victims assistance Puerto Rico needs to implement an interagency task
force and robust training program. The interagency task force must incorporate public and
private organizations at all levels that receive training to identify victims, share information to
provide actionable intelligence regarding where human trafficking is taking place, and are able
to provide the necessary quality of care in a rescue in the form of a network of resources and
shelters.
28
The Polaris Project, a non-profit organization in Washington, D.C., which runs the
National Human Trafficking Resource Center and Hotline, provides training for law enforcement
task forces and service providers and could easily be utilized as a best practices resource.
Without training to identify victims and a coordinated interagency task force to raid and rescue,
they will remain both invisible and exploited.
B. Rehabilitation and Reintegration
Rehabilitation and Reintegration, the last two of the “4R” paradigm are crucial to the
ongoing well being of victims involved with human trafficking. Through the multiple interviews
of agencies as well as non-governmental organizations, there is a defined stigma attached to
victims of domestic abuse and smuggling, thereby leading to the assumption that human
trafficking victims would most likely attract the same social stigma. Therefore, the rehabilitation
and reintegration of such victims into society has been found to be a difficult task according to
a similar study done on human trafficking victims in Honduras.36 The problem arises when
examining such services and who is providing them.
Currently, the agency most legally involved with the victims, apart from the U.S. District
Attorney charged with prosecuting federal criminal prosecutions, is HIS. According to HSI, they
provide the victims with any and all services that they may need throughout the process free of
charge, such as medical assistance, food or shelter. Though, those interviewed did not mention
any particular services for the victims in terms of post-raid/rescue rehabilitation and
reintegration. The federal agency involved with human trafficking and provides funding for such
services is the U.S. Department of Health and Human Services’ Administration for Children and
Families. The Administration is in charge of a Trafficking Victim Assistance Program, in which it
“provides funding for comprehensive case management services on a per capita basis to foreign
victims of trafficking and potential victims seeking HHS Certification in any location in the
36
Paz, Jessica Mariela Sanchez. “La experiencia de las mujeres víctimas de trata en América Central y República
Dominicana y la actuación de las instituciones: Capítulo Honduras.” Organization for International Migration. 2008.
Web. 21 Apr 12.
<http://www.iom.or.cr/espanol/Descargas/Biblioteca%20Trata/HND/Libro%20Vivencias%20Honduras.pdf>. Pg 52.
29
United States.” 37 This funding is provided to ICE for all foreign minors, U.S. minors and U.S.
adults that are victims of human trafficking per the Trafficking Victims Protection Act. 38
According to HSI, foreign adult victims of human trafficking are immediately taken to the
Department of Family’ Administration of Children and Families, part of the U.S. Department of
Health and Human Services, in Puerto Rico. It is recommended that HSI agents and/or the
Department of Family utilize the U.S. Department of Health & Human Services' certification
form in order to request access to Federal rehabilitation benefits for adult foreign victims of
human trafficking.
One interview in which services provided to rehabilitate and reintegrate possible human
trafficking victims was brought up was that of Vilmarie Rivera. Although the shelter is in place
to help women and families are victims to any sort of abuse or violence, Rivera noted that they
might have seen possible human trafficking victims. The aspects of rehabilitation and
reintegration that are provided within these shelters include economic assistance, support
groups, community involvement and assistance with micro-enterprising for women. Although a
lack of rehabilitation and reintegration services geared toward victims of human trafficking
exists, these services can easily be improved without much institutional or policy change. As
pointed out by Rivera, the shelters involved with mainly women and family abuse already have
the infrastructure needed for these kinds of services to be provided to victims of trafficking. The
only additional burden would be the need to train social workers on the specific needs of
trafficking victims.
Overall, there needs to be much more of an institutional focus on the rehabilitation and
reintegration of victims of human trafficking, ranging from economic assistance not only as
emergency relief but also as personal development and mental health services. Although there
are services being provided by DHS, these services may be in the more immediate time frame
and do not account for needed counseling on rehabilitation and reintegration.
37
“About Human Trafficking.” Department of Health and Human Services. Nd. Web. 21 Apr 12.
<http://www.acf.hhs.gov/trafficking/about/index.html#wwd>.
38
Ponce, Miguel. Agent with Homeland Security Investigations. Telephone Interview. 19 Apr 12.
30
C. Protection and Prosecution
The last two “P’s” highlighted in the TVPA, prosecution and protection, frame the final
recommendations of this report. As was mentioned earlier, although as a territory Puerto Rico
falls under the jurisdiction of U.S. federal law and the TVPA, it has yet to pass its own local antitrafficking law; subsequently there have been no cases of human trafficking successfully
prosecuted in Puerto Rico.
To pass a local anti-trafficking law in Puerto Rico is the essential first step to improve, or
rather start, the prosecution of human trafficking cases on the island. A local law would bring
the issue of human trafficking in Puerto Rico more to the forefront in the public sector and in
law enforcement than it has been previously. As was already discussed, one of the biggest
challenges to implementing trainings, anti-trafficking programs, or rehabilitation programs has
been a lack of resources. The establishment of a Puerto Rican anti-trafficking law would help to
designate resources for these previously unfunded trainings and programs.
The basis for legislation began but has not yet been fully passed: a bill (2530) for the
Puerto Rican House of Representatives was drafted and was referred to the Legal and Ethics
Committees of the House on March 8, 2010. The House approved the bill on June 25, 2010
when it was then referred to the Legal Committee of the Senate. There was a public hearing
held on September 3, 2010 with regard to 2530. It has not progressed any further since that
date.
Further, many successfully prosecuted human trafficking cases involved, to varying
degrees, the assistance or cooperation of the victim. Therefore, in addition to passing local antitrafficking legislation, investigators and prosecutors must employ victim interview practices
that cater to the physical and emotional needs of the trafficking victim. While general victim-
31
centered interview processes are established, it is important to develop and provide training on
interview practices that take into account the specific needs of a human trafficking victim.39
The protection of human trafficking victims goes hand-in-hand with prosecution.
Protection assists with the identification and rehabilitation of victims while prosecution ensures
that these victims see justice and that their perpetrators are inhibited from committing the
crime of human trafficking again. As the Trafficking in Persons Report of 2011 states, protection
is “a critical component of any government’s anti-trafficking efforts” and includes proactive
victim identification, immigration and sheltering programs, empowering survivors, and legal
guarantees that protect all classes of workers. 40 One of the elements of protection that the
government of Puerto Rico should focus most strongly on is the proactive identification of
victims. Most trafficking victims will not self-identify, and as a result, many officers, without
training, could improperly identify a case of trafficking as assault, undocumented migration, or
prostitution. Further, as can be seen from the interviews, many public and non-profit officials
are anecdotally aware of cases of human trafficking, but exposure to actual cases on the island
is little to none. This is further reinforced by the fact that there have never been any cases of
trafficking successfully prosecuted in Puerto Rico.
With protection, the first step is to provide training for police and other individuals, such
as health care professionals, teachers, and labor welfare advocates, who could have a role in
the identification of trafficking victims and could intervene on the victim’s behalf. Partnership
between government agencies and with the non-profit sector is key. For example, the CCAHT
applied for a grant that will permit the funding of a police-training program in cooperation with
the U.S. Attorney’s Office. The Department of Health can mandate victim-identification training
for all its employees and volunteers. Further, per a suggestion from Assistant U.S. Attorney Dina
Avila-Jimenez, the prosecutor’s office and law enforcement could work on creating
39
40
“Trafficking in Persons Report,” 31.
Ibid, 40.
32
partnerships and establishing cooperation with taxi agencies and hotels, some of whom are on
the “front lines” of sex trafficking.
D. Prevention
In order to prevent the trafficking of persons in Puerto Rico, a number of programs must
begin or continue to address the causes and signs of human trafficking. Education initiatives
must strive to create a real public discourse around the subject so that victims know their rights
and feel supported; people must have ample knowledge about human trafficking in order to
create an environment of awareness where victims can be identified and assisted. Several
types of interventions are required such as more training for law enforcement and long-term
prevention programs, trainings, and protocols.
Education and training for agencies in positions to help identify victims is key.
Collaboration in the form of a task force with multiple agencies, law enforcement, and NGOs is
encouraged. All agencies must be empowered with the information and tools needed to
effectively respond and assist in the identification of victims and in the creation of a culture of
awareness. A joint task force would “facilitate communication, coordination and information
sharing across agencies working on a case. Task forces in particular, are seen as being effective
in putting policies, procedures, and protocols in place to overcome some of the system barriers
inherent in working across agencies and jurisdictions”. 41
Targeted outreach programs are recommended in order to address needs and
vulnerabilities in impoverished and undocumented communities on the island. Local and
Federal officials must work with civil society in order to educate the public on human trafficking
in Puerto Rico. More research must be done in order to understand the needs of Dominicans
and other nationals migrating to and away from the island. Through more research, training
protocols will refine their tactics and strategies in order to address the problems in high-risk
41
Clawson, Heather and Nicole Dutch. “Identifying Victims of Human Trafficking: Inherent Challenges and
Promising Strategies from the Field.” Jan 2008. Web. 21 Apr 12.
<http://aspe.hhs.gov/hsp/07/humantrafficking/IdentVict/ib.htm#strategies.>
33
communities. 42 Although human trafficking can occur in all sectors of society, impoverished
and undocumented communities stand out as key places to begin mobilizing prevention
campaigns.
NGOs should work with community leaders and law enforcement in order to extend
their reach. Printed material, posters, and billboards that define human trafficking should be
administered in rural and urban communities. Radio is an essential tool in spreading awareness
to impoverished communities as well. Media campaigns would add a comprehensive and
visceral layer to the discussion and raise public discourse and consciousness. By tapping into
various sectors of civil society, task forces, community leaders, government officials can create
a massive outreach campaign that will create a community-based coalition that can work
together to prevent this heinous crime.
The following recommendations are made for government and non-government agencies in
order to provide victim assistance and greater public/private awareness and coordination:
Raid/Rescue
• Need an interagency task force with representation at all levels and actionable
intelligence, and a network of shelters to provide assistance once victims are rescued.
Rehabilitation/Reintegration
• Existing shelters should facilitate human trafficking victims.
• Need to provide long term economic assistance and mental health services.
Protection/Prosecution
• Need for a local anti-trafficking law and victim interview practices by law enforcement.
• Need for proactive identification of victims through law enforcement training and the
creation of partnerships with industries most likely to interact with victims of trafficking.
Prevention
• Implementation of targeted outreach and awareness programs.
• Need for comprehensive training on victim identification.
42
“Uncharted Migration,” 4.
34
VI. Conclusion
This investigation demonstrates that there is a severe lack of awareness about human
trafficking in Puerto Rico. Through key informant interviews, the researchers assessed the
perspectives of government and civil society sectors and found structural challenges as well as
an overall lack of communication and data on the subject.
Moreover, due to Puerto Rico’s geopolitical position in the Caribbean, it functions as a
transit, source, and destination country, which makes it prone to human smuggling and human
trafficking. The extensive migration to the Island, predominantly from the Dominican Republic,
coupled with poverty and marginalization has created vulnerable populations who are at high
risk of being coerced and manipulated into sex and labor trafficking networks. Also, due to the
ambiguous definition of human trafficking, creating a set profile of exploiters becomes
problematic. Likewise, the identification of victims of human trafficking is a definite challenge.
Ultimately, the absence of a local law against human trafficking functions as a major
impediment to identifying and prosecuting these crimes. Without a local legal framework,
government involvement and resources will remain minimal.
Our findings illuminate an overall lack of communication between agencies and lack of
awareness within government offices and civil society at large. Based upon these findings and
using the TVPRA’s framework, our recommendations include bolstering inter-agency task forces
and creating outreach campaigns that increase public awareness. Law enforcement training is
highly encouraged as well as is additional online resources and media campaigns that focus on
victim identification. Through strengthening both the governmental and civil society sectors,
the human trafficking problem can be brought into societal consciousness. Shedding a new and
stronger light on the issue and creating a governmental and public discourse around this crime,
Puerto Rico can proactively protect people from falling into the shadows of modern day slavery.
35
VII. Appendices
A. Bibliography
“About Human Trafficking.” Department of Health and Human Services. Nd. Web. 21 Apr 12.
<http://www.acf.hhs.gov/trafficking/about/index.html#wwd>.
Clawson, Heather and Nicole Dutch. “Identifying Victims of Human Trafficking: Inherent
Challenges and Promising Strategies from the Field.” Jan 2008. Web. 21 Apr 12.
<http://aspe.hhs.gov/hsp/07/humantrafficking/IdentVict/ib.htm#strategies.>
“Código Penal de 2004, Disposiciones Generales.” Departamento de Justicia. 2004. Web. 21 Apr
12. <http://pr.microjuris.com/ConnectorPanel/ImagenServlet?reference=/images/file/
33codigopenal_subtitulo4cod.pdf>.
Colon, Johnny. Oficina de Preparación y Coordinación de Respuesta en Salud Pública,
Departamento de Salud. Personal Interview. 14 Mar 2012.
“Country Narratives: Countries N Through Z.” U.S. Department of State, Office to Monitor and
Combat Trafficking in Persons. 2011. Web. 21 Apr 12. <http://www.state.gov/j/
tip/rls/tiprpt/2011/164233.htm>.
“Exploratory Assessment of Trafficking in Persons in the Caribbean.” IOM.org. 2010. Web. 21
Apr 12. <http://publications.iom.int/bookstore/index.php?main_page=product_info&
cPath=1&products_id=704>.
“Explotación de niñas en la Cordillera.” El Visitante de Puerto Rico. 1 Dec 2010. Web. 21 Apr 12.
<http://www.elvisitante.biz/ev/index.php?option=com_content&view=article&id=2698:
explotacion-de-ninas-en-la-cordillera&catid=14:actualidad&Itemid=23>.
“Fact Sheet: DHS Blue Campaign.” U.S. Department of Homeland Security. Nd. Web. 21 Apr 12.
<http://www.dhs.gov/ynews/gc_1279809595502.shtm>.
“Global Law Enforcement Data.” U.S. Department of State. Nd. Web. 21 Apr 12.
<http://www.state.gov/j/tip/rls/tiprpt/2010/142752.htm>.
“Human Trafficking in Puerto Rico: An Invisible Challenge.” Ricky Martin
Foundation/Protectionproject.org. Jan 10. Web. 21 Apr 12.
<http://www.protectionproject.org/wp-content/uploads/2010/09/RMF-Eng.pdf>.
“International Trafficking.” Polaris Project. Nd. Web. 21 Apr 12.
<http://www.polarisproject.org/human-trafficking/international-trafficking>.
36
Jimenez, Dina-Avila. Assistante U.S. Attorney. Personal Interview. 15 Mar 12.
Organization for International Migration. 2008. Web. 21 Apr 12.
<http://www.iom.or.cr/espanol/Descargas/Biblioteca%20Trata/HND/Libro%20Vivencias
%20Honduras.pdf>.
Paz, Jessica Mariela Sanchez. “La experiencia de las mujeres víctimas de trata en América
Central y República Dominicana y la actuación de las instituciones: Capítulo Honduras.”
Ponce, Miguel. Agent with Homeland Security Investigations. Telephone Interview. 19 Apr 12.
Ruiz Class, Iris Miriam. Office of the Ombudsman. Personal interview. 15 Mar 2012.
Shelley, Louise. Human Trafficking: A Global Perspective. Cambridge: Cambridge UP, 2010.
Print.
“Trafficking in Persons Report, 2010.” U.S. Department of State, Office to Monitor and Combat
Trafficking in Persons. 2010. Web. 31 Mar 2012.
<http://www.state.gov/j/tip/rls/tiprpt/2010/>.
“Uncharted Migration: OAS Rapid Assessment Report of Trafficking in Persons from the
Dominican Republic into Puerto Rico.” OAS.org. Apr 2012. Web. 21 Apr 12.
<http://www.oas.org/atip/reports/uncharted%20migration-prdr%20report%20final%20april%2024,%202006.pdf>.
“United Nations Convention against Transnational Organized Crime and the Protocols Thereto.”
United Nations Office on Drugs and Crime. 2012. Web. 21 Apr 12.
<http://www.unodc.org/unodc/en/treaties/CTOC/>.
USAID. USAID Center for Development Information and Evaluation. Performance Monitoring
and Evaluation Tips. Vol. 2, 1996, 2.
“What is Trafficking in Persons?” U.S. Department of State. Nd. Web. 21 Apr 12.
<http://www.state.gov/j/tip/rls/tiprpt/2010/142747.htm>.
“William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008.” 110th Cong.,
2nd sess. Cong H.R. 7311. Washington, 2008. Print.
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B. List of Interviews
Agency/
Organization
Name
Red de Albergues
Vilmarie Rivera
Director
3/13/2012
Paz Para la Mujer
Vilma Gonzalez
Director
3/12/2012
U.S. Attorney's
Office
La Oficina de
Preparación y
Coordinación de
Respuesta en
Salud Pública
(OPCRSP), also
known as
Biosecurity
Homeland
Security
Investigations,
Immigration and
Customs
Enforcement
Dina AvilaJimenez
Assistant U.S.
Attorney
3/15/2012
Johnny Colon
Gonzalez
Director
3/14/2012
Ombudsman
(Oficina del
Procurador del
Ciudadano)
Department of
Health
Agents Miguel
E. Ponce
Agent Angel L.
Marcial
Position
Special Agent
Intelligence
Agent
Iris Miriam Ruiz
Class
Ombudsman
Alexis MoralesCales
Dr. Concepcion
Quinonez de
Longo
Margaret Wolfe
Location
San Juan, Puerto
Rico
San Juan, Puerto
Rico
San Juan, Puerto
Rico
San Juan, Puerto
Rico
Special Agent
Janice Caraballo
Arnold A.
Troche Pina
Date of
Interview
3/13/2012
3/15/2012
Executive
Assistant
38
San Juan, Puerto
Rico
San Juan, Puerto
Rico
Author
Subsecretary of
the Dept. of
Health
Secretaria
Auxiliar de
Salud Familiar
San Juan, Puerto
Rico
3/13/2012
San Juan, Puerto
Rico
Consulate of the
Dominican
Republic
Hon. Maximo
Taveras
Consul General
Nestor Guarien
Taveras
Special
Assistant
Department of
Homeland
Security, Office of
Public Affairs
Jeffrey
Quinones
Public Affairs
Specialist
Department of
Family
Olga Ribas
Johns Hopkins
University
Michele Clark
U.S. Department
of State
Shonnie Ball
FCAHT
Anna I.
Rodriguez
Kevin Healy
The George
Washington
University
Dr. Andrea
Bertone
Robert Maguire
3/15/2012
San Juan, Puerto
Rico
3/16/2012
San Juan, Puerto
Rico
3/16/2012
San Juan, Puerto
Rico
2/29/2012
Washington, DC
2/17/2012
Washington, DC
Founder
3/15/2012
San Juan, Puerto
Rico
Adjunct
Professor
2/22/2012
Administradora
Auxiliar de la
Administración
de Familias y
Niños
Protection
Project, Human
Trafficking
Expert
Reports and
Political Affairs
Officer, J/TIP
Professor
LAHSP Director
39
2/17/2012
3/6/2012
Washington, DC
C. Sample Interview Questions
Police & Emergency Workers - Policia y Trabajadores Sociales
1. How have you been prepared to identify victims of human trafficking?
Que preparación ha tenido en identificación de victimas (victimas de la trata)?
2. How often do you see victims of human trafficking?
Con que frecuencia ve victimas de la trata humana?
3. How do you recognize such victims? How do you identify them?
Como reconoce/identifica a victimas de la trata humana?
4. When you believe you have encountered a victim of human trafficking, what protocol do you
follow?
Hay protocolo para manejar una situación en cual se encuentre con una victima de la trata
humana?
5. Are you able to refer victims of human trafficking to 3rd parties for support?
Hay manera que usted pueda recomendar apoyo de alguna otra organización para estas
victimas?
6. Do you provide internal training/external on victim identification?
Usted(es) proviene entrenamiento para la identificación de posibles victimas de la trata?
7. What is a memorable human trafficking case you have encountered?
Cuéntenos sobre una experiencia respecto a la trata.
Government/Public Policy Officials - Oficiales Gubernamentales/Política Publica
1. Is there a specific law against human trafficking in Puerto Rico?
Hay alguna ley (local o de EEUU) en contra de la trata humana?
2. If so, how familiar are you with this law?
Si lo hay, cuanto conocimiento tiene sobre esta ley?
3. Is this a well-known subject in your department/office? Why or why not?
El asunto de la trata humana es algo conocido en su oficina?
4. What does your office/department do that pertains to human trafficking?
Que hace su oficina en términos de la trata humana?
5. Have you seen any anti-trafficking campaigns or programs in Puerto Rico?
Usted ha visto algún programa o campana sobre la trata humana en Puerto Rico?
6. What do you see as missing from legislation/public policy with regard to preventing and
prosecuting human trafficking in Puerto Rico?
Que piensa que falta en términos de legislación o política publica al respecto de la trata y su
prevención en Puerto Rico?
General Public Awareness - Conocimiento de la población
1. How would you define human trafficking?
Que es su definición de la trata?
2. Who are the victims of human trafficking?
Quienes son las victimas de la trata?
3. Who are the traffickers?
Quienes manejan la trata?
40
4. Why do you think human trafficking occurs?
Porque crees que la trata existe?
5. Where does human trafficking occur?
Donde ocurre los casos de trata?
6. Do you think human trafficking occurs in Puerto Rico?
Porque crees que la trata ocurre en Puerto Rico?
7. What can the average citizen do to prevent human trafficking?
Que puede hacer para prevenir la trata?
8. How could/would you identify a victim of human trafficking?
Como se identifica a una victima de trata?
Social Workers Trabajadores Sociales
1. Did you know what human trafficking was beforehand, and do you believe the general public
knows what HT is?
Tenias conocimiento de la trata humana antes de lo sucedido? Piensas que la población esta
enterada de la trata humana?
2. What recommendations would you give pubic officials in order to prevent HT?
Que recomendaciones les darías a oficiales públicos para poder prevenir la trata humana?
3. How much HT related training had you received?
Que tanta preparación/adiestramiento tuviste en términos de la trata humana?
4. Do you believe it was enough training, and how would you improve it?
En su opinión, cree que recibió suficiente entrenamiento y tienes algunas recomendaciones
para mejorar este proceso?
Victims/Survivors - Victimas
1. How old were you when you were put in an exploitative situation?
Cuantos años tenias cuando te pusieron en una situación explotativa?
2. Where were you taken and who harmed you?
Donde te llevaron y quien te hizo daño?
3. How were you rescued?
Como te rescataron?
4. When you had contact with law enforcement officials/social workers, how did they respond
to your situation?
Cuando hablaste con oficiales de la policía , como respondieron a tu situación?
5. Did you feel supported/assisted through the rescue process, and why?
Te sentías apoyada(o) durante el proceso de rescate, por que?
6. What social services were you provided with?
Que tipos servicios sociales recibiste?
41