• Vigorously investigate; prosecute; and as appropriate, convict traffickers, including domestic child sex traffickers.
• Continue to seek adequate penalties, which should include significant prison terms, for traffickers convicted under Articles 411 and 367 of the penal code.
• Provide suitable, safe shelter for child and male trafficking victims as required by law and expand access to specialized shelters for all victims, including outside the capital.
• Increase training on application of Article 411 for judges and prosecutors.
• Provide victims access to a full range of services, including long-term support, regardless of their location.
• Actively screen for trafficking victims among vulnerable migrant groups.
• Consistently support victims’ efforts to seek restitution.
• Increase efforts to raise awareness of human trafficking among the general public.

The government increased prosecution efforts.

Article 411-quater of the penal code criminalized sex trafficking and labor trafficking, prescribing penalties ranging from five years and one day to 20 years’ imprisonment and a fine for offenses involving an adult victim and 10 years and one day to 20 years’ imprisonment and a fine for those involving a child. These penalties were sufficiently stringent and, with regard to sex trafficking, commensurate with those prescribed for other grave crimes, such as rape. Chilean officials continued to investigate and prosecute many internal child sex trafficking cases under Articles 367 and 367-ter of the penal code, which penalized the commercial sexual exploitation of a child. Article 367, as amended in December 2022, prescribed penalties ranging from five years and one day to 20 years’ imprisonment. However, Article 367-ter and child sex trafficking crimes prosecuted under Article 367 thatwere committed before the adoption of the amendment were subject to penalties of only three years and one day to five years’ imprisonment, significantly lower than the penalties available under Article 411-quater. Under mandatory sentencing laws, judges frequently suspended or commuted sentences of less than five years’ imprisonment, even when adjudicating cases of human trafficking and other grave crimes.

Law enforcement initiated investigations of 618 trafficking cases in 2024 (489 for child sex trafficking, 97 for sex trafficking, and 32 for labor trafficking), compared with investigating 594 cases in 2023 (478 for child sex trafficking, 91 for sex trafficking, and 25 for labor trafficking). Authorities prosecuted 27 alleged traffickers in 2024 (eight for child sex trafficking under Article 367, 11 for engaging in commercial sex with a child trafficking victim under Article 367-ter, seven for sex trafficking under Article 411, and one for labor trafficking under Article 411), compared with 51 alleged sex traffickers in 2023 (15 under Article 367, 10 under Article 367-ter, and 26 for sex trafficking under Article 411) and 40 in 2022. There were 34 ongoing prosecutions initiated in previous reporting periods (seven under Article 367 and 367-ter, 26 for sex trafficking under Article 411 and one for labor trafficking under Article 411), compared with 38 ongoing prosecutions (seven under Article 367 and 31 under Article 411) in 2023. The government convicted 20 sex traffickers in 2024 (12 child sex traffickers under Article 367 and Article 367-ter and eight sex traffickers under Article 411), compared with 15 traffickers in 2023 (nine child sex traffickers under Article 367 and Article 367-ter, five sex traffickers under Article 411, and one labor trafficker under Article 411). In one case, courts convicted two “legal entities” of human trafficking for the first time, supporting prosecutors’ argument that the company knew about, profited from, and took no steps to mitigate the exploitation of women in commercial sex at two nightclubs it operated; these convictions resulted in dissolution of the legal entity. Of those traffickers convicted under Article 367 in 2024, nine engaged in commercial sex acts with child trafficking victims, compared with five in 2023.

Traffickers convicted under Article 411 received fines and sentences of between five years and life imprisonment. The government sentenced traffickers convicted under Article 367 to between 1.5 years’ and 15 years’ imprisonment. Nine of 20 sentences did not require the convicted trafficker to serve imprisonment, compared with seven of 15 traffickers in 2023. Many traffickers convicted in Chilean courts served parole or probation without post-trial imprisonment. Judges sentenced 17 of 20 convicted traffickers to penalties above the mandatory minimum in 2024, compared with sentencing 12 of 15 convicted traffickers to penalties above the mandatory minimum in 2023. Suspended sentencing historically weakened the deterrent effect of conviction; however, judges suspended the sentences of 45 percent of traffickers convicted in 2024, an improvement over the 54 percent suspended over the previous three years. Judges often held accused traffickers in pretrial detention; the government reported it held in detention 30 alleged traffickers on or awaiting trial in 2024.

The national investigations police had three specialized anti-trafficking units operating in Arica, Iquique, and Santiago. The national prosecutor’s office (MP) had advisors available to support local prosecutors managing trafficking prosecutions; however, there were no prosecutors specialized in or dedicated to human trafficking casework. Observers expressed concern that law enforcement and judicial sector officials lacked a complete understanding of trafficking; others indicated local prosecutors unfamiliar with human trafficking failed to recognize the crime, especially forced labor.

The government maintained trafficking-specific coordination agreements with several countries in the region. It also maintained a joint Chile-Argentina trafficking prosecutorial unit and a joint Chile-Bolivia investigative team specializing in transnational criminal organizations (TCOs); both teams were active in 2024. In 2024, the government established a joint sexual exploitation investigative unit with Paraguayan counterparts, following successful collaboration on a case resulting in 24 arrests and the identification of 21 Paraguayan victims exploited in Chile. Officials exchanged numerous cooperation requests with counterparts in Argentina, Bolivia, Colombia, Peru, and Venezuela, and requested U.S. officials’ assistance to extradite an accused trafficker; the extradition request remained pending at the end of the reporting period. The government provided specialized training to investigators, attorneys, advisors, and other officials on a range of trafficking topics.,

The government did not report any investigations, prosecutions, or convictions of government employees complicit in human trafficking crimes. The government indicated it continued to investigate a previously reported case of alleged official complicity from 2020, involving a law enforcement officer accused of obstructing a sex trafficking investigation.

The government increased victim protection efforts.

The government’s interagency task force on trafficking (MITP) coordinated the government’s anti-trafficking efforts, including victim assistance. The government reported identifying 179 victims (130 sex trafficking victims and 49 labor trafficking victims) in 2024, a significant increase compared with identifying 82 trafficking victims in 2023 (58 sex trafficking victims, 12 labor trafficking victims, and 12 victims of unspecified forms of trafficking). The government attributed the increase in victim identification to a new reporting tool, which improved the accuracy of data received from law enforcement sources. Among the victims identified, there were at least 83 women, 29 men, 24 girls, five boys, and 19 victims for whom the government did not identify an age or sex. There were at least 51 Chilean victims, as well as 83 foreign victims from Colombia, Venezuela, and other countries. The government had a uniform reporting mechanism and a set of internal resources on trafficking indicators to guide public agencies’ efforts to identify potential trafficking victims; in 2024, the government updated its standard evaluation form to improve case processing.

The MP’s Division for Victims and Witness Protection (DAVT) reported referring 76 victims to social assistance programs in 2024, compared with 50 in 2023. The National Service of Women and Gender Equality (SERNAMEG) did not report providing shelter services to any victims in 2024, compared with providing shelter to 43 adult women victims in 2023. The MITP’s protocol on victim assistance entitled victims to safe housing, health services, psychological services, legal assistance, education, employment assistance, and regularization of migratory status. The Ministry of Interior’s Victim Assistance Network and the MP’s Regional Victims and Witness Assistance Units (URAVIT) coordinated housing for victims; the government could place female trafficking victims in SERNAMEG’s specialized 10-bed shelter. The government could coordinate with civil society to arrange housing for foreign victims, who sometimes struggled to access government-run shelters. SERNAMEG opened a new 10-bed shelter for vulnerable women in 2024; the new shelter was located in Santiago, although the shelter project, initiated in 2022, originally proposed a facility in northern Chile to meet the needs of victims outside the capital. The government placed most female victims, including those located outside the capital, in SERNAMEG’s domestic violence shelters or NGO-run shelters. There were no shelters for male victims; URAVIT could arrange housing in hotels for male victims on a case-by-case basis. In 2024, the government did not report any expenditures related to housing male victims. The provision of victim services remained uneven across the country, and observers reported funding was inadequate to provide necessary care, especially services for male victims and adequate shelter for both child and male victims. Some officials expressed concern that the government offered victims insufficient psychological support. Reintegration services, such as education and job placement assistance, were insufficient, and officials reported victims had limited access to adequate mental health services. The government did not support or coordinate sufficiently with NGOs, including those providing victim assistance; most agencies did not have specific line items in their budgets for victim assistance.

DAVT did not report its 2024 budget for trafficking victims’ housing and other basic needs, compared with 29 million Chilean pesos ($29,216) in 2023. SERNAMEG did not report whether it allocated any funding to its NGO-operated shelter for women trafficking victims, smuggled women, and their children, compared with allocating 207 million Chilean pesos ($208,543) in 2023; however, it allocated roughly $300,000 to an ongoing project to establish transitional residences for trafficking survivors, though no additional facilities were established during the reporting period. The government could provide victims with legal representation under the victim assistance protocol; the Ministry of Justice could provide legal representation to child victims, SERNAMEG could provide it to women victims, and MITP’s civil society members could provide representation for male victims.

The Specialized Protection Service for Childhood and Adolescence (SPE, and sometimes called “Better Childhood”) could provide basic services to child trafficking victims through a network of programs for child victims of commercial sexual exploitation and care facilities. The government did not report SPE’s 2024 budget for child and adolescent services, compared with 3.47 billion Chilean pesos ($3.49 million) for child and adolescent services in 2023. SPE reported assisting 30 child trafficking victims in 2024, compared with assisting 33 child trafficking victims in 2023. SPE continued to decommission its Specialized Redress Centers under Direct Administration (CREADs), the facilities that served most child trafficking victims under government care, replacing them with smaller “family-style residences.” According to government reports, children in CREADs were at severe risk of rights violations and sexual abuse. The government did not report whether any CREAD facilities closed in 2024; three of the original 11 facilities were operational at the beginning of 2024, and it was unclear whether this tally changed during the reporting period.

The government reported issuing visas to three trafficking victims in 2024, compared with issuing 18 victims visas in 2023. Visas permitted victims to work, were valid for up to one year, and could be renewed for up to two additional years if the victim reported the crime to law enforcement. Chilean law expressly prohibited the deportation of identified trafficking victims. Foreign victims received the same services and courtroom accommodations – such as teleconference, witness protection, and video testimony – as Chilean victims. URAVIT previously used a video interpretation service to facilitate interactions between law enforcement and victims of all crimes, including trafficking victims, but did not report doing so in 2024. The government previously reported challenges in encouraging victims to participate in a full trial. The government reported facilitating the repatriation of two foreign trafficking victims in 2024, compared with nine victims in 2023; officials reported the government funded foreign victim repatriation in 2024, where in past years it coordinated repatriations but obtained funding from international organizations. Chilean law prohibited the return of victims to countries where they could face harm. The government did not report whether the gradual implementation of its 2019 law requiring video testimony for child and adolescent crime victims, intended to reduce re-traumatization, progressed in 2024. Victims could receive restitution or compensation through criminal or civil cases, respectively; the government did not report whether courts awarded any trafficking victims restitution in 2024 or 2023, compared with one victim receiving restitution in 2022.

The government maintained modest prevention efforts.

The Ministry of Interior continued to lead the MITP, which included government agencies, international organizations, and NGOs. The task force reported meeting on an ad hoc basis in 2024. The Ministry of Interior maintained its network of 15 regional anti-trafficking task forces to facilitate training and coordination between national and regional authorities. The government reported it informally implemented its 2023-2026 NAP, which had not yet been presidentially approved. There was no funding allocated for the implementation of the 2023-2026 draft NAP; instead, each agency contributed to implementation from its own budget. Agencies responsible for funding protection and prevention programs operated without dedicated resources for this purpose; observers expressed concern agencies’ personnel and budget constraints jeopardized the stability of anti-trafficking efforts. Observers noted a need for more robust coordination and data-sharing among government agencies.

The government contributed to a limited number of awareness-raising events, sometimes hosted by outside entities, targeting the general public and government officials. Several agencies operated hotlines that could take calls on suspected trafficking crimes. The government reported receiving trafficking-related calls to these hotlines, but did not disclose how many calls it received or whether it initiated investigations based on any. Authorities trained labor inspectors to identify trafficking indicators and imposed administrative penalties for child labor violations, some of which may have constituted trafficking crimes. The government identified an unknown number of child labor violations by at least 18 companies in 2024, compared with identifying 71 child labor violations in 2023. The national tourism service, in collaboration with SPE, continued its certification of tourism organizations and establishments adhering to best practices for the prevention of child sex trafficking; businesses participated in an anti-trafficking training during the certification process. The government did not make efforts to reduce the demand for commercial sex acts.

Trafficking affects all communities. This section summarizes government and civil society reporting on the nature and scope of trafficking as reported over the past five years. Human traffickers exploit foreign victims in Chile, and, to a lesser extent, traffickers exploit Chilean victims domestically and abroad. Chilean women and children are exploited in sex trafficking within the country, as are women and girls from Asia and other Latin American countries, particularly Colombia and Venezuela. Government reporting indicates Venezuelan, Bolivian, Colombian, Haitian, and Paraguayan migrants are especially vulnerable to trafficking. Traffickers recruit children in institutional care; children staying in child protection centers are at risk of abuse, which exacerbated their vulnerability to trafficking. Traffickers exploit adults and children – primarily from other Latin American countries, as well as Asia – in forced labor in Chile in mining; agriculture, including berry harvests; aquaculture; construction; street vending; domestic service; and the hospitality, restaurant, and garment sectors. Traffickers subject immigrants from China and Haiti to sex trafficking and forced labor and Colombian women to sex trafficking. Chilean authorities identify a significant number of children involved in illicit activities, including drug trafficking and theft; some of these children may have been trafficking victims exploited in forced criminality. Traffickers subject Chilean men to labor trafficking in Peru and the United Kingdom and Chilean women to sex trafficking in Argentina, as well as other countries. Traffickers exploit Chileans in forced criminality in online scam operations in Southeast Asia. Officials recognize growing migrant communities, especially Venezuelans, as increasingly at risk of trafficking, especially in the northern border regions. Traffickers exploit both documented and undocumented migrants, including short-term visa holders.

Many traffickers operate individually or in small groups. However, TCOs are increasingly involved in both sex and labor trafficking, especially the exploitation of Venezuelan women and girls, throughout Chile. Foreign and Chilean traffickers work in tandem to exploit victims. Traffickers use social media to recruit and exploit victims and digital banking to hide their activity. Most convicted traffickers are Bolivian, Chilean, Ecuadorian, Peruvian, or Venezuelan citizens; men and women are equally represented among convicted traffickers. Some labor inspectors in rural areas maintain relationships with local businesses, potentially dissuading trafficking victims from reporting exploitation. An international organization expressed concern that, under Chilean law, striking workers in some utility sectors could be forced to work during compulsory arbitration to resolve disputes with their employers.