Cuba with low incidence and zero tolerance for trafficking in persons

In this last period, in addition, the new National Action Plan for the period 2022-2024 began to be drawn up, while cooperation actions and the timely exchange of information with international organizations, such as the International Criminal Police Organization (Interpol), the United Nations system and counterpart agencies of countries in the region and Europe, continued.

Granma shares a summary of significant aspects contained in the official document submitted to the United Nations.

TEN CASES WITH TYPICAL FEATURES OF TRAFFICKING WERE DETECTED.

Of the total number of cases filed for the crimes of pimping and trafficking in persons and corruption of minors in the People’s Supreme Court (TSP), typical features of trafficking in persons were observed in ten cases, including two cases of pimping and eight of corruption of minors.

According to the Minrex report, ten victims, all girls, were identified.

The criminal penalties for the perpetrators (five men and seven women) ranged from five to 20 years of imprisonment.

CRIMES AGAINST MINORS THAT WOULD HAVE LED TO THEIR EXPLOITATION WERE CONFRONTED.

The daily incident information system of the Ministry of Education (Mined) reported eight incidents in which the victims were minors. Two were lewd abuses, one sexual harassment, three mistreatments and two rapes.

Eight people were linked to them and received administrative and criminal measures. The text states that, although they were not acts of human trafficking, they did involve situations of risk or crimes against minors which, if they had not been dealt with, could have led to their exploitation. This is evidence of the effectiveness of the multifactorial preventive system and inter-institutional coordination.

IN THE AREA OF LABOR, THERE WERE NO INCIDENTS OF TRAFFICKING

It is confirmed that no facts of human trafficking have been identified in labor matters, which does not mean that complaints and denunciations have not been dealt with for other punishable situations.

The Independent Department of Attention to Citizens of the Ministry of Labor and Social Security received, during 2021, 275 complaints and 1 208 complaints, 10 620 requests, 225 suggestions and 12 253 claims, none of them related to human trafficking.

Also, 3,496 entities were inspected, in which 2,789 infractions of various types were detected.

CRIMINAL ACTIVITY BY FOREIGNERS AND CUBANS WITH YOUTHS PERSISTS

In general, criminal activity was concentrated in the recruitment of young people, mainly women, by foreign and Cuban businessmen to provide services in bars and nightclubs in Russia, Mexico, Nicaragua, Turkey, Egypt, United Arab Emirates, Japan, China and Cyprus, where three foreigners were followed up.

The incidence of foreigners in Cuba who interact with young prostitutes in exchange for gifts and telephone recharges persists, as well as the promotion and online sale of videos and images with sexual content, whose payment is made through bank transfers from abroad and inside the country, says the report.

SUPPORT AND FOLLOW-UP PROVIDED TO THE 18 VICTIMS OF 2020   

The 18 victims listed in the 2020 report were visited by prosecutors to deal with their problems and offer them the support required in each case. It was found that nine of them are studying, one of them at the University, four are working and two girls are in a social assistance institution, since their mother was deprived of parental authority for the crime of corruption of minors.

The Attorney General’s Office took special interest in the situation of the ten affected minors, communicating with their parents and other relatives not involved in the crimes, as well as with their teachers, professors, psychologists and other officials in charge of their care, who offered them special care and protection in their study centers, according to their needs.

Among other actions, the Public Prosecutor’s Office requested – and the Supreme People’s Court ordered – the deprivation of parental rights of three mothers who committed the crime of corruption of minors against their daughters. This measure is independent of the criminal liability that was demanded in each case.

THERE IS A NATIONAL ACTION PLAN FOR THE PREVENTION AND CONFRONTATION OF TRAFFICKING AND THE PROTECTION OF VICTIMS.

This Plan is a fundamental tool in the coordinated action between the State and Cuban civil society organizations to address this serious crime.

The last one had been prepared for the period 2017-2020, but was extended to 2021, due to the impact of COVID-19. The work of State agencies and institutions, as well as other social actors, was aimed at strengthening the prevention and detection of trafficking; making visible, with a gender approach, the reality of trafficking; increasing the perception of risk in the population; increasing their participation in the alert to this crime; and enhancing training on human trafficking among professionals and workers of public entities and non-governmental organizations.

Several organizations and agencies of the Central State Administration have created their institutional plan to address this crime, and others have developed activities that take into account the progress, unresolved problems and emerging challenges associated with this crime in the country.

Likewise, civil society organizations participate, together with state institutions, in the development of the National Action Plan and are active in its monitoring.

MORE THAN 12 LEGAL INSTRUMENTS EXIST TO ADDRESS TRAFFICKING IN PERSONS

Cuba has more than 12 legal instruments to address this phenomenon. These include the Constitution of the Republic of Cuba, which recognizes the right to work (Article 64) and prohibits the work of children and adolescents (Article 66); Law No. 62 of the Penal Code, Law No. 143, Law on Criminal Procedure, and Law No. 152/2022 on Penal Execution.

There is also Law No. 153/2022 on the Process of Protection of Constitutional Rights, Law No. 140/2021 of the Courts of Justice, Decree-Law No. 232/2003; and the Migration Law, after its modification by Decree-Law No. 302.

There is also the Family Code, Law No. 105 on Social Security, Law No. 41 on Public Health, and Resolutions No. 46, No. 857, No. 979 and No. 223 of the Ministry of Health.