Human trafficking in Argentina
Encyclopedia
Argentina
is a source, transit, and destination country for men, women, and children subjected to trafficking
in persons, specifically forced prostitution
and forced labor. Many victims from rural areas or northern provinces are forced into prostitution in urban centers or wealthy provinces in central and southern Argentina. The tri-border area with Paraguay
and Brazil
is a significant source area for Argentine sex trafficking victims, as well as a transit region for labor trafficking victims from Paraguay. A significant number of foreign women and children, primarily from Paraguay, Brazil, Peru
, and the Dominican Republic
, are forced into prostitution in Argentina. Bolivia
ns, Paraguayans, and Peruvians, as well as Colombia
ns and Dominicans, are subjected to forced labor in sweatshop
s, on farm
s, and increasingly in grocery store
s and as street vendors. Child sex tourism
is a problem, particularly in the tri-border area and in Buenos Aires
. Argentina is a transit point for foreign women and girls trafficked into commercial sexual exploitation in Chile
, Brazil, Mexico
, and Western Europe
, and some Argentine women and girls are found in forced prostitution in Western Europe. Argentina’s long borders are difficult to monitor, making the country a transit area for traffickers and their victims.
During the past year, the Government of Argentina achieved its first convictions under the 2008 anti-trafficking law and improved government mechanisms for identifying and caring for trafficking victims. However, while numerous trafficking cases are currently in progress, the overall number of convictions was low in comparison with the number of victims identified, shelters remained inadequate, and alleged complicity of government officials with traffickers prevented more comprehensive anti-trafficking efforts.
. According to Argentine law, all suspects charged with crimes that have a minimum penalty of three years are eligible to post bail. Authorities indicted 90 individuals in 54 trafficking cases. During the reporting period, the government obtained three convictions of sex trafficking offenders, with one sentence for four years, another for 10 years, and one trafficking offender under house arrest after receiving a four-year sentence. A federal court in Buenos Aires province ruled that trafficking victims cannot provide consent when their social or economic background limits free choice. Non-governmental organizations (NGOs) report that during legal proceedings, victims are sometimes asked if they initially consented to engage in certain activities, such as prostitution, and affirmative answers were sometimes considered proof that the victim was not trafficked.
According to NGOs and international organizations, some provincial and local law enforcement officers are complicit in human trafficking crimes. Some police officers reportedly turn a blind eye to trafficking activity or tip off brothel
owners about impending raids. The government did not convict any government officials involved in human trafficking last year, although there were several ongoing investigations into suspected police complicity in commercial sexual exploitation cases. In addition to the central government’s anti-trafficking prosecutor’s office, at least 10 provinces
have created their own specialized law enforcement units to investigate trafficking. Argentine authorities worked with foreign governments to investigate several trafficking cases. The prosecutor general approved a standardized protocol for investigation of sex trafficking cases and guidelines for identifying, interviewing, and assisting victims. Authorities trained over 4,000 judicial officials and law enforcement officers on victim identification and care; however, there is a need for further training for officials on how to investigate and prosecute trafficking crimes.
interview process to identify trafficking victims among Dominican citizens attempting to enter the country. The National Migration Agency increased its inspections of migrants’ living and working conditions in Buenos Aires more than tenfold.
The federal government did not operate shelters dedicated solely to trafficking victims, but provided modest funding to some domestic violence shelters at the local level. The majority of trafficking victims were referred to government-operated public shelters, such as domestic violence shelters, or shelters run by local NGOs or religious orders
: in some cases, authorities placed victims in hotels or safe houses. There is only one shelter dedicated solely to trafficking victims in Argentina, and it is run by an NGO. Many shelters were oversubscribed, and the quality and level of victim care varied widely by province. The government did not provide specialized care for adult male victims. After transferring the Office for Rescue and Caring of Victims of Trafficking from the Ministry of the Interior to the Ministry of Justice in 2009, psychologist
s, social workers, and policy experts were included in law enforcement efforts involving the identification of victims.
During the reporting period, the government conducted 254 raids on suspected commercial sex sites and sweatshops and rescued 421 trafficking victims: over three-quarters of these victims were adults. The Office for Rescue and Caring of Victims of Trafficking provided initial post-rescue care, including access to legal, medical, and psychological services. The governments of Salta
and Chaco
provinces maintained their own victim care offices. Foreign victims had the same access to care services as Argentine victims. Argentine authorities encouraged victims to assist with the investigation and prosecution of their traffickers; however, some officials reported deficiencies in witness protection provided to victims.
There were no specific reports of victims being jailed or penalized for unlawful acts committed as a direct result of being trafficked. Trafficking victims may petition the Argentine government for temporary residency on humanitarian grounds, and citizens of Mercosur
member or associate states can obtain temporary residency in Argentina under Argentine immigration law, though it was not clear how many victims, if any, received such temporary residency. The government did not report identifying or assisting any repatriated Argentine victims of trafficking abroad.
and the government did not prosecute any child sex tourists.
In an effort to reduce the demand for commercial sex acts, the Prosecutor General signed a resolution instructing federal prosecutors to seek the closure of all brothels NGOs reported, however, that brothels are generally tipped off by local police in advance of raids and that the resolution will have little effect unless something is done to address police complicity. The government provided anti-trafficking training to Argentine troops prior to their deployment on international peacekeeping operations.
Argentina
Argentina , officially the Argentine Republic , is the second largest country in South America by land area, after Brazil. It is constituted as a federation of 23 provinces and an autonomous city, Buenos Aires...
is a source, transit, and destination country for men, women, and children subjected to trafficking
Human trafficking
Human trafficking is the illegal trade of human beings for the purposes of reproductive slavery, commercial sexual exploitation, forced labor, or a modern-day form of slavery...
in persons, specifically forced prostitution
Prostitution
Prostitution is the act or practice of providing sexual services to another person in return for payment. The person who receives payment for sexual services is called a prostitute and the person who receives such services is known by a multitude of terms, including a "john". Prostitution is one of...
and forced labor. Many victims from rural areas or northern provinces are forced into prostitution in urban centers or wealthy provinces in central and southern Argentina. The tri-border area with Paraguay
Paraguay
Paraguay , officially the Republic of Paraguay , is a landlocked country in South America. It is bordered by Argentina to the south and southwest, Brazil to the east and northeast, and Bolivia to the northwest. Paraguay lies on both banks of the Paraguay River, which runs through the center of the...
and Brazil
Brazil
Brazil , officially the Federative Republic of Brazil , is the largest country in South America. It is the world's fifth largest country, both by geographical area and by population with over 192 million people...
is a significant source area for Argentine sex trafficking victims, as well as a transit region for labor trafficking victims from Paraguay. A significant number of foreign women and children, primarily from Paraguay, Brazil, Peru
Peru
Peru , officially the Republic of Peru , is a country in western South America. It is bordered on the north by Ecuador and Colombia, on the east by Brazil, on the southeast by Bolivia, on the south by Chile, and on the west by the Pacific Ocean....
, and the Dominican Republic
Dominican Republic
The Dominican Republic is a nation on the island of La Hispaniola, part of the Greater Antilles archipelago in the Caribbean region. The western third of the island is occupied by the nation of Haiti, making Hispaniola one of two Caribbean islands that are shared by two countries...
, are forced into prostitution in Argentina. Bolivia
Bolivia
Bolivia officially known as Plurinational State of Bolivia , is a landlocked country in central South America. It is the poorest country in South America...
ns, Paraguayans, and Peruvians, as well as Colombia
Colombia
Colombia, officially the Republic of Colombia , is a unitary constitutional republic comprising thirty-two departments. The country is located in northwestern South America, bordered to the east by Venezuela and Brazil; to the south by Ecuador and Peru; to the north by the Caribbean Sea; to the...
ns and Dominicans, are subjected to forced labor in sweatshop
Sweatshop
Sweatshop is a negatively connoted term for any working environment considered to be unacceptably difficult or dangerous. Sweatshop workers often work long hours for very low pay, regardless of laws mandating overtime pay or a minimum wage. Child labour laws may be violated. Sweatshops may have...
s, on farm
Farm
A farm is an area of land, or, for aquaculture, lake, river or sea, including various structures, devoted primarily to the practice of producing and managing food , fibres and, increasingly, fuel. It is the basic production facility in food production. Farms may be owned and operated by a single...
s, and increasingly in grocery store
Grocery store
A grocery store is a store that retails food. A grocer, the owner of a grocery store, stocks different kinds of foods from assorted places and cultures, and sells these "groceries" to customers. Large grocery stores that stock products other than food, such as clothing or household items, are...
s and as street vendors. Child sex tourism
Sex tourism
Sex tourism is travel to engage in sexual activity with prostitutes.The World Tourism Organization, a specialized agency of the United Nations, defines sex tourism as "trips organized from within the tourism sector, or from outside this sector but using its structures and networks, with the primary...
is a problem, particularly in the tri-border area and in Buenos Aires
Buenos Aires
Buenos Aires is the capital and largest city of Argentina, and the second-largest metropolitan area in South America, after São Paulo. It is located on the western shore of the estuary of the Río de la Plata, on the southeastern coast of the South American continent...
. Argentina is a transit point for foreign women and girls trafficked into commercial sexual exploitation in Chile
Chile
Chile ,officially the Republic of Chile , is a country in South America occupying a long, narrow coastal strip between the Andes mountains to the east and the Pacific Ocean to the west. It borders Peru to the north, Bolivia to the northeast, Argentina to the east, and the Drake Passage in the far...
, Brazil, Mexico
Mexico
The United Mexican States , commonly known as Mexico , is a federal constitutional republic in North America. It is bordered on the north by the United States; on the south and west by the Pacific Ocean; on the southeast by Guatemala, Belize, and the Caribbean Sea; and on the east by the Gulf of...
, and Western Europe
Western Europe
Western Europe is a loose term for the collection of countries in the western most region of the European continents, though this definition is context-dependent and carries cultural and political connotations. One definition describes Western Europe as a geographic entity—the region lying in the...
, and some Argentine women and girls are found in forced prostitution in Western Europe. Argentina’s long borders are difficult to monitor, making the country a transit area for traffickers and their victims.
During the past year, the Government of Argentina achieved its first convictions under the 2008 anti-trafficking law and improved government mechanisms for identifying and caring for trafficking victims. However, while numerous trafficking cases are currently in progress, the overall number of convictions was low in comparison with the number of victims identified, shelters remained inadequate, and alleged complicity of government officials with traffickers prevented more comprehensive anti-trafficking efforts.
Prosecution
The Government of Argentina increased anti-trafficking law enforcement efforts last year. Argentina prohibits all forms of trafficking pursuant to Law 26,364, enacted in April 2008, which prescribes penalties of three to 15 years’ imprisonment. Such penalties are sufficiently stringent and exceed those prescribed for other serious crimes, such as rapeRape
Rape is a type of sexual assault usually involving sexual intercourse, which is initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, coercion, abuse of authority or with a person who is incapable of valid consent. The...
. According to Argentine law, all suspects charged with crimes that have a minimum penalty of three years are eligible to post bail. Authorities indicted 90 individuals in 54 trafficking cases. During the reporting period, the government obtained three convictions of sex trafficking offenders, with one sentence for four years, another for 10 years, and one trafficking offender under house arrest after receiving a four-year sentence. A federal court in Buenos Aires province ruled that trafficking victims cannot provide consent when their social or economic background limits free choice. Non-governmental organizations (NGOs) report that during legal proceedings, victims are sometimes asked if they initially consented to engage in certain activities, such as prostitution, and affirmative answers were sometimes considered proof that the victim was not trafficked.
According to NGOs and international organizations, some provincial and local law enforcement officers are complicit in human trafficking crimes. Some police officers reportedly turn a blind eye to trafficking activity or tip off brothel
Brothel
Brothels are business establishments where patrons can engage in sexual activities with prostitutes. Brothels are known under a variety of names, including bordello, cathouse, knocking shop, whorehouse, strumpet house, sporting house, house of ill repute, house of prostitution, and bawdy house...
owners about impending raids. The government did not convict any government officials involved in human trafficking last year, although there were several ongoing investigations into suspected police complicity in commercial sexual exploitation cases. In addition to the central government’s anti-trafficking prosecutor’s office, at least 10 provinces
Provinces of Argentina
Argentina is subdivided into twenty-three provinces and one autonomous city...
have created their own specialized law enforcement units to investigate trafficking. Argentine authorities worked with foreign governments to investigate several trafficking cases. The prosecutor general approved a standardized protocol for investigation of sex trafficking cases and guidelines for identifying, interviewing, and assisting victims. Authorities trained over 4,000 judicial officials and law enforcement officers on victim identification and care; however, there is a need for further training for officials on how to investigate and prosecute trafficking crimes.
Protection
The government assisted trafficking victims during the reporting period, though international organizations and NGOs provided most specialized victim services. In response to a rising number of Dominican trafficking victims, in 2009, Argentine authorities established an airportAirport
An airport is a location where aircraft such as fixed-wing aircraft, helicopters, and blimps take off and land. Aircraft may be stored or maintained at an airport...
interview process to identify trafficking victims among Dominican citizens attempting to enter the country. The National Migration Agency increased its inspections of migrants’ living and working conditions in Buenos Aires more than tenfold.
The federal government did not operate shelters dedicated solely to trafficking victims, but provided modest funding to some domestic violence shelters at the local level. The majority of trafficking victims were referred to government-operated public shelters, such as domestic violence shelters, or shelters run by local NGOs or religious orders
Religion
Religion is a collection of cultural systems, belief systems, and worldviews that establishes symbols that relate humanity to spirituality and, sometimes, to moral values. Many religions have narratives, symbols, traditions and sacred histories that are intended to give meaning to life or to...
: in some cases, authorities placed victims in hotels or safe houses. There is only one shelter dedicated solely to trafficking victims in Argentina, and it is run by an NGO. Many shelters were oversubscribed, and the quality and level of victim care varied widely by province. The government did not provide specialized care for adult male victims. After transferring the Office for Rescue and Caring of Victims of Trafficking from the Ministry of the Interior to the Ministry of Justice in 2009, psychologist
Psychologist
Psychologist is a professional or academic title used by individuals who are either:* Clinical professionals who work with patients in a variety of therapeutic contexts .* Scientists conducting psychological research or teaching psychology in a college...
s, social workers, and policy experts were included in law enforcement efforts involving the identification of victims.
During the reporting period, the government conducted 254 raids on suspected commercial sex sites and sweatshops and rescued 421 trafficking victims: over three-quarters of these victims were adults. The Office for Rescue and Caring of Victims of Trafficking provided initial post-rescue care, including access to legal, medical, and psychological services. The governments of Salta
Salta Province
Salta is a province of Argentina, located in the northwest of the country. Neighboring provinces are from the east clockwise Formosa, Chaco, Santiago del Estero, Tucumán and Catamarca. It also surrounds Jujuy...
and Chaco
Chaco Province
Chaco is an Argentine province located in the north of the country, near the border with Paraguay. Its capital is Resistencia on the Paraná River opposite the city of Corrientes...
provinces maintained their own victim care offices. Foreign victims had the same access to care services as Argentine victims. Argentine authorities encouraged victims to assist with the investigation and prosecution of their traffickers; however, some officials reported deficiencies in witness protection provided to victims.
There were no specific reports of victims being jailed or penalized for unlawful acts committed as a direct result of being trafficked. Trafficking victims may petition the Argentine government for temporary residency on humanitarian grounds, and citizens of Mercosur
Mercosur
Mercosur or Mercosul is an economic and political agreement among Argentina, Brazil, Paraguay and Uruguay. Founded in 1991 by the Treaty of Asunción, which was later amended and updated by the 1994 Treaty of Ouro Preto. Its purpose is to promote free trade and the fluid movement of goods, people,...
member or associate states can obtain temporary residency in Argentina under Argentine immigration law, though it was not clear how many victims, if any, received such temporary residency. The government did not report identifying or assisting any repatriated Argentine victims of trafficking abroad.
Prevention
The government sustained its prevention activities. Several provincial governments organized anti-trafficking campaigns, and used films, leaflets, and workshops in schools to raise public awareness. The City of Buenos Aires passed a law designating a “Week for the Fight Against Trafficking.” The government increased its ability to monitor the trafficking situation through enhanced data collection and research efforts. Argentine penal code does not specifically prohibit child sex tourismSex tourism
Sex tourism is travel to engage in sexual activity with prostitutes.The World Tourism Organization, a specialized agency of the United Nations, defines sex tourism as "trips organized from within the tourism sector, or from outside this sector but using its structures and networks, with the primary...
and the government did not prosecute any child sex tourists.
In an effort to reduce the demand for commercial sex acts, the Prosecutor General signed a resolution instructing federal prosecutors to seek the closure of all brothels NGOs reported, however, that brothels are generally tipped off by local police in advance of raids and that the resolution will have little effect unless something is done to address police complicity. The government provided anti-trafficking training to Argentine troops prior to their deployment on international peacekeeping operations.