ANTI-TRAFFICKING IN PERSONS REPORT--GUATEMALA

UNCLAS SECTION 01 OF 09 GUATEMALA 000605

SIPDIS

SENSITIVE

DEPARTMENT FOR G/TIP, G, INL, DRL, PRM, IWI, WHA/PPC

E.O. 12958: N/A
TAGS: KCRM PHUM KWMN SMIG KFRD ASEC PREF ELAB GT
SUBJECT: ANTI-TRAFFICKING IN PERSONS REPORT--GUATEMALA

REF: STATE 22225


1. (U) The following are responses to questions in Ref A.
Additional information on Embassy projects and strategies to
combat trafficking can be found in Ref B.


2. (SBU) Country Overview:


A. Is the country a country of origin, transit or
destination for international trafficked men, women or
children? Are there any estimates of numbers of victims?
Are certain groups more at risk of being trafficked? What is
the source of information?

-- According to reports by the International Organization on
Migration (IOM),Casa Alianza, and an October 2002 report
from the DePaul University International Human Rights Law
Institute, Guatemala is a country of origin and transit for
international trafficking of persons and, in some instances,
is also a destination. The trafficking is by land, air, and
sea, and it does occur within Guatemala,s borders. Reliable
statistics do not exist on the magnitude of the problem.
Other than Guatemalans, other Central and Latin Americans
(notably Ecuadorians) are also being trafficked. Victims
trafficked to Guatemala are usually young women or children
who are often brought in for sexual exploitation. Those
trafficked from Guatemala for sexual exploitation are usually
minors, both boys and girls, from poor families. Trafficking
is intimately related to international migration issues, as
the promise of arrival in the U.S. is often used to attract
desperate Latin Americans.


B. Where are the persons trafficked from? Where are the
persons trafficked to?

-- Trafficked persons come mainly from other Central American
countries and Ecuador. Most are destined for the United
States or Mexico. Some are destined for Guatemala. In
addition to the trafficking of Latin Americans, smuggling of
Chinese, Afghans, Egyptians, Pakistanis and Syrians has been
noted in the past, and probably includes some cases of
trafficking.


C. Have there been any changes in the direction or extent of
trafficking?

-- Not to Embassy's knowledge. Trafficking may have been
affected by a general slowdown in illegal migration into
Mexico after the September 11, 2001, terrorist attacks on the
U.S., economic decline in the U.S., and Mexican efforts to
prevent illegal entry from Guatemala. Press reported that
Mexico deported 120,000 Central Americans from Chiapas state
in 2002.


D. Are any efforts or surveys planned or under way to
document the extent and nature of trafficking in the country?
Is any additional information available from such reports or
surveys that was not available last year?

-- The July 2001 National Plan of Action to Combat Sexual
Exploitation of Minors included the goal of developing more
information on this problem related to trafficking. To date
no survey or report has been produced, however. The IOM in
2002 published results of a survey profiling the composition
of Guatemalan migrants, 92% of whom were destined for the
U.S. It also features data on where come from, where they
settle in the U.S., remittances to Guatemala, and age and
social data. IOM also produced a report on Sexual
Exploitation of children and adolescents in Guatemala in
cooperation with ECPAT International and Casa Alianza.


E. If the country is a destination point for trafficked
victims: What kinds of conditions are the victims trafficked
into? Are they forced to work in sweatshops, agriculture,
restaurants, construction sites, prostitution, nude dancing,
domestic servitude, begging, or other forms of labor or
services? What methods are used to ensure their compliance?
Are the victims subject to violence, threats, withholding of
their documents, debt bondage, etc.?

-- Conditions are pitiful. Victims are subject to violence
and threat, but lack funds to return to their home countries.
Victims are often young women or children, brought here for
sexual exploitation and paid low salaries. A study done by
the NGO "Pro Nino y Nina Centroamericanos" (PRONICE) in 1999
suggests that fraud and threats are common forms of
recruitment. Usually traffickers choose pretty girls from
poor families, and the most common "contracting places" are
along the borders. Asians, primarily Chinese, have also been
brought to Guatemala, though they are mainly being smuggled.
Those brought in have had to pay exorbitant rates for the
voyage and for false documents.


F. For countries of origin: Which populations are targeted
by the traffickers? Who are the traffickers? What methods
are used to target the victims? (Are they offered lucrative
jobs, sold by their families, approached by friends of
friends?) What methods are used to move the victims (e.g.,
are false documents being used?)?

-- Sources in Guatemalan immigration indicate that victims
trafficked from Guatemala are generally poor people looking
for a better life for themselves and their families. The
traffickers quite often approach these individuals and offer
them jobs that would allow them to make regular remittances
back to the family in Guatemala. The main target population
for sexual exploitation is minors, both boys and girls, from
poor families or orphans. The methods of approach include
promises of economic rewards, jobs in cafeterias or beauty
parlors, or jobs in other countries. The means of promotion
include flyers, newspaper advertisements, and verbal/personal
recommendations. The DePaul University study "In Modern
Bondage: Sex Trafficking in the Americas" cites evidence of
the following principal forms and agents of trafficking in
Guatemala: 1) "deceptions/false promise of employment" by
recruiters, intermediaries, and bar/brothel owners; 2)
"misadventure" with alien smugglers and truck drivers; 3)
abduction by common criminals; and, 4) "peer-influenced"
(primarily domestic) trafficking by friends and adolescents.


G. Is there political will at the highest levels of
government to combat trafficking in persons? Is the
government making a good faith effort to seriously address
trafficking? Is there a willingness to take action against
government officials linked to it? In broad terms, what
resources is the host government devoting to combat
trafficking in persons (in terms of prevention, protection,
prosecution)?

-- The Attorney General's Office is currently investigating
allegations of abetting illegal migration against the
director of Migration and other immigration employees for
possible alien smuggling. A former director was replaced
after similar charges surfaced. Neither has yet been charged
with a crime.

-- The GOG has shown some will to combat trafficking, but
much remains to be done. To combat both smuggling and
trafficking, an ambitious plan was designed by the Central
American Commission of Migration Directors. The plan aims to
address the problem of migration, and it includes assistance
to Guatemalans in foreign nations, assistance to Guatemalan
victims who return, reinsertion into society, local
development to diminish migration problems, protection of
human rights of immigrants, and educational and informational
campaigns. The new agreement was signed in March 2001. In
July 2001, the Cabinet approved a Plan of Action against
Sexual Exploitation of Minors and Adolescents. The Ministry
of Foreign Relations also announced a special commission to
advise the President on the general issue of migration, and
has engaged in regular dialogue with Mexico on migration
enforcement issues.

-- On enforcement, the GOG is using the immigration service
and the national police force to combat trafficking and has
had some victories. A new computerized entry and exit system
has yielded some positive results with respect to combating
alien smuggling and should help fight trafficking as well.
However, no statistics exist for cases involving trafficking
per se. Most deportations were of Ecuadorians in transit to
the U.S. who were probably victims of smuggling, rather than
of trafficking.


H. Do governmental authorities or individual members
of government forces facilitate trafficking, condone
trafficking, or are otherwise complicit in such activities?
If so, at what levels? Do government authorities (such as
customs, border guards, immigration officials, local police,
or others) receive bribes from traffickers or otherwise
assist in their operation? What punitive measures, if any,
have been taken against those individuals complicit or
involved in trafficking? Please provide numbers when
available, of government officials involved, accused,
convicted and/or prosecuted.

-- The involvement of government officials in trafficking has
not been documented. However, credible press accounts allege
that corruption in the Guatemalan immigration service is
widespread and involves the acceptance of bribes to allow
individuals and groups to enter the country without proper
documentation. Embassy believes some of this corrupt
activity involves cases meeting the definition of trafficking
in persons.

-- No immigration officials have yet been prosecuted under a
2000 law against alien smuggling.


I. What are the limitations on the government's ability to
address this problem in practice? E.g., is funding for
police or other institutions inadequate? Is overall
corruption a problem? Does the government lack the resources
to aid victims?

-- Lack of resources, both manpower and money, is a major
limitation on combating this problem, as with
narco-trafficking and other trans-border problems. With
unlimited crying needs and acute politically charged demands
on scarce resources, providing important resources to combat
trafficking is very difficult. There is also the problem of
overall corruption that is pervasive throughout the GOG.


3. (SBU) Prevention:


A. Does the government acknowledge that trafficking is a
problem in that country? If no, why not?

-- In bilateral discussions about Migration Issues with
Mexico since 1996, the GOG has publicly acknowledged the need
to strengthen its efforts to combat the trafficking of
migrants. The GOG has also acknowledged a related problem,
the sexual exploitation of minors. In July 2001, the Cabinet
approved a National Plan of Action Against the Sexual and
Commercial Exploitation of Children and Adolescents in
Guatemala. The Plan's strategic objectives include: 1)
survey social, economic, political, and social conditions
contributing to the problem, 2) assist and rehabilitate
victims, 3) apply justice and eliminate corruption
facilitating exploitation, and 4) increase awareness of the
problem and advance the plan. The Presidential Secretariat
for Social Welfare developed the plan in cooperation with
other government agencies.

-- The Director General of Guatemalan Migration has
acknowledged that trafficking in persons is a problem. The
government does not have statistics, but every day Mexican
authorities deport approximately 400 people from Central and
South America through the border at El Carmen. Many of these
people claim they had been taken with the promise that they
would be able to enter the U.S. In Mexico, they are either
obligated to work with no pay or else they are prostituted.
Most of these people are probably victims of alien smuggling
rather than trafficking.


B. Which government agencies are involved in anti-trafficking
efforts?

--The following government agencies are involved in the
anti-trafficking efforts: The Director General of Migration,
Immigration Defense from the Office of the Ombudsman,
Ministry of Foreign Relations, Presidential Secretariat of
Social Welfare, National Civilian Police, Labor Ministry,
Public Ministry, and the judiciary.


C. Are there or have there been anti-trafficking information
or education campaigns? If yes, briefly explain the
campaign(s),including their objectives and effectiveness.

-- In December and January (2000-2001) the Embassy Public
Affairs Office, with $40,000 from INS, had three radio ads
and three television ads produced. The ads ran heavily
during these two months, which INS had described as a high
traffic period. In June 2000, Public Affairs sponsored
visits by two Guatemalan journalists on an INS "border tour"
to report on the dangers of trusting alien smugglers
("coyotes"). A 10-day training program for four radio
journalists from the border province of Huehuetenango in
January 2002 had a similar emphasis. The journalists have
helped to spread Embassy's message discouraging travel with
smugglers.


D. Does the government support other programs to prevent
trafficking? (E.g., To promote women's participation in
economic decision-making or efforts to keep children in
school). Please explain.

-- The Human Rights Ombudsman's office maintains an Office in
Defense of Displaced and Migrant Populations which
investigates cases of trafficking. They investigated one
case in 2002 involving possible trafficking of a Salvadoran
children, but determined that the children had parental
permission and were not victims of trafficking. The
Ombudsman's Office also sponsored public information
campaigns during 2002 warning intending migrants of the risks
of illegal immigration and trafficking. Other governmental
offices are dedicated to the Defense of Indigenous Women,
which provides legal advice to indigenous women victims of
domestic violence and abuse, Children's Rights, and Women's
issues, but none reported involvement in cases of trafficking
during the period of this report. The GOG's Presidential
Secretariat of Social Welfare coordinated GOG cooperation

SIPDIS
with civil society groups including religious, private, and
international NGOs under the National Plan of Action to
Combat Sexual Exploitation of Minors.


E. Is the Government able to support prevention programs?

-- Government resources are severely strained and inadequate
in many areas, including combating trafficking.


F. What is the relationship between government officials,
NGOs, other relevant organizations and other elements in
civil society on the trafficking issue?

-- Many NGOs are working on gathering information, providing
assistance, and preventing trafficking. There are NGOs
working at the Guatemala-Mexico border, and human rights
organizations working with women, children, and migrants.
The government has provided some space for cooperative
programs through the immigration offices and the Office of
the Ombudsman.


G. Does the government adequately monitor its borders? Does
it monitor immigration and emigration patterns for evidence
of trafficking? Do law enforcement agencies respond
appropriately to such evidence?

-- Guatemala,s borders are poorly policed and corruption is
rampant along both sides. The computerized entry-exit system
is helping at the legal crossing points, but there are many
illegal crossing points available. Mexico deported 120,000
Central Americans from Chiapas in 2002. Central American
deportees from Mexico are transported by USG-funded bus
service to the borders of El Salvador and Honduras under a
cooperative program between U.S., Mexican and Guatemalan
immigration authorities. According to the local press, the
main deterrent to the flow of migrants is the poor treatment
of people who are detained in Mexico.


H. Is there a mechanism for communication and coordination
between various agencies, such as a multi-agency working
group or a task force? Does the government have an
anti-trafficking in persons task force? Does the government
have a public corruption task force?

-- In order to provide a common forum for migration issues,
the National Association for Guatemalan Migrants has been
created. This and other groups work together on human rights
issues with the Presidential Coordinator of Human Rights in
Guatemala. Since April 2000 the government formed a
prosecutor's office for investigation and prosecution of
public corruption cases.

-- In 2002 President Portillo named a new Anti-Corruption
Commission to implement a government initiative consisting of
corruption prevention, control, and sanctions. Prevention
efforts will include efforts at professionalization of the
public service, reducing discretion, improving access to
information on public spending, and financial reform
legislation. Control efforts will include improved internal
regulations, full implementation of financial administrative
systems, modernization of the Office of the Comptroller
General of Accounts, and greater citizen participation in
monitoring public spending. Sanctions efforts are intended
to end impunity within and outside the government.


I. Does the government coordinate with or participate in
multinational or international working groups or efforts to
prevent, monitor, or control trafficking?

-- Yes. The Regional Commission of Central American
Migration Directors meets regularly to discuss issues
including trafficking. The International Migration
Organization (IOM) has a regional office in Guatemala, and
cooperates with the government on several bilateral projects
to combat trafficking. Guatemala is a member of the
11-member Regional Conference on Migration, and hosted a
meeting of the Conference in March 2002.


J. Does the government have a national plan of action to
address trafficking in persons? If so, which agencies are
involved in developing it? Were NGOs consulted in the
process? What steps has the government taken to disseminate
the action plan?

-- No, but it does have a National Action Plan to Combat the
Sexual Exploitation of Children and Adolescents, as explained
above.


K. Is there some entity or person responsible for developing
anti-trafficking programs within the government?

-- No, but this task falls under the general responsibilities
of the Director of Migration under the Interior Ministry.
The Ministry of Foreign Affairs is also committed to
addressing the problem.


4. (SBU) Investigation and Prosecution of Traffickers:


A. Does the country have a law specifically prohibiting
trafficking in persons? If so, what is the law? If not, under
what laws can traffickers be prosecuted? For example, are
there laws against slavery or the exploitation of
prostitution by means of coercion or fraud? Are there laws
being used in trafficking cases? Are these laws, taken
together, adequate to cover the full scope of trafficking in
persons?

-- Guatemala has several laws that specifically prohibit the
trafficking and smuggling of persons, including the Law of
Immigration of 1998 (Legislative Decree 95-98),Article 194
of the Criminal Code, and several articles of the migration
code. In addition, there are other laws in the penal code
that could be applicable. Guatemala has signed several
international declarations regarding slavery. The penal code
also regulates coercion and the sexual abuse of women against
their will.


B. What is the penalty for traffickers?

-- The penalty for traffickers is 1-3 years in prison, plus a
fine of 2,500-15,000 quetzals ($320-1,923 at current exchange
rates). Penalties are increased by 2/3 if the victim is
under 12, if the act was done with the intention to make a
profit, or if the act included use of deceit, violence or
abuse of authority.

C. What are the penalties for rape or forcible sexual
assault? How do they compare to the penalty for trafficking?

-- The penalty for rape is 6-20 years, and the penalty for
forcible assault is 2-5 years. The penalties for trafficking
are less severe and it is easy for traffickers and smugglers
to buy their way out by paying a prosecutor or judge.

D. Has the government prosecuted any cases against
traffickers? If yes, provide number of arrests, indictments,
plea bargains, fines and convictions. What were the
penalties actually imposed in each case? Are the traffickers
serving the time sentenced? If not, why not? Please
indicate whether the government can provide this information,
and if not, why not.

-- According to the DePaul Univ. report, "immigration and
police have increased arrests for smuggling, but further
identification of trafficking cases is not done." A possible
exception to this statement are cases against illegal
adoption, or baby trafficking. In February 2003, four
persons were reportedly arrested and accused of trafficking
in persons in two separate cases. However, to date, we know
of no convictions.


E. Is there any information or reports of who is behind the
trafficking?

-- There have been rumors that in cases involving the illegal
adoption of minors, both lawyers and notaries are directly
involved. The Embassy believes that in some cases these
rumors are true.


F. Does the government actively investigate cases of
trafficking? Does the government use active investigative
techniques in trafficking in persons investigations? To the
extent possible under domestic law, are techniques such as
electronic surveillance, undercover operations, and mitigated
punishment or immunity for cooperating suspects used by the
government? Does the criminal procedure code prohibit the
police from engaging in covert operations?

-- The GOG will investigate cases of trafficking, but the
victims usually do not press charges. Usually, the victims
of these crimes are women or minors, poor, and uneducated.
Access to the justice system for these people, while
improving, is still low. One problem with criminal justice
in Guatemala is that the adversarial system is very new. In
addition, lack of resources, and lack of training limit the
ability of the National Civilian Police and the prosecutors
to perform investigations. Undercover agents are not allowed
under current law, and the surveillance of communications was
declared unconstitutional. This makes investigations of
trafficking organizations more difficult.


G. Does the government provide any specialized training for
government officials in how to investigate and prosecute
incidences of trafficking?

--No, the GOG does not provide specialized training for
government officials in investigating incidents of
trafficking.


H. Does the government cooperate with other governments in
the investigation and prosecution of trafficking cases? If
possible, can post provide the number of cooperative
international investigations of trafficking?

-- In order to cooperate with the governments of other
countries, the GOG and most neighboring countries have signed
mutual legal assistance agreements. In theory, this should
facilitate cooperation between countries in carrying out
investigations.


I. Does the government extradite persons who are
charged with trafficking in other countries? If so, can post
provide the number of traffickers extradited? Does the
government extradite its own nationals charges with such
offenses? If not, is the government prohibited by law from
extraditing its own nationals? If so, what is the government
doing to modify its laws to permit the extradition of
nationals?

-- Extradition, including the extradition of Guatemalan
nationals, is allowed under the Guatemalan Constitution and
in various treaties and conventions. We are unaware,
however, of any extradition requests for trafficking in
persons.


J. Is there evidence of government involvement in or
tolerance of trafficking, on a local or institutional level?
If yes, please explain in detail.

-- There is no evidence to suggest that the Guatemalan
Government is involved in trafficking. There are allegations
of individual corruption by government officials in relation
to orphan adoptions. The United States and Canada have
instituted strong controls to decrease the possibility that
orphans go to those countries against the true desires of
their biological mothers. There are several initiatives
within the Government of Guatemala, UNICEF, NGOs, and the
U.S. Embassy to reduce further the possibility of fraud and
coercion in international adoptions. Most notably, on March
4, 2003, the Guatemalan Congress ratified the Hague
Convention on International Adoption.


K. If government officials are involved in trafficking, what
steps has the government taken to end their participation?
Have any government officials been prosecuted for involvement
in trafficking or trafficking related corruption? Have any
been convicted? What actual sentence was imposed? Please
provide specific numbers, when available.

-- The GOG has attempted to curb large-scale corruption and
collusion with prostitution rings along its western border
with Mexico by rotating police there every three months.


L. Has the government signed and ratified the following
international instruments? Please provide the date of
signature if appropriate.

-- The ILO Convention 182 concerning the prohibition and
immediate action for elimination of the worst forms of child
labor was approved and ratified on August 21, 2001, and the
instrument of ratification was deposited on October 5, 2001.
It entered into effect internationally for Guatemala on
October 11, 2002.

-- The "Sale of Children Protocol" supplementing the rights
of the child convention, was approved by decree 76-2001 of
the Congress of Guatemala on December 11, 2001.

-- The "Protocol to Prevent, Suppress and Punish Trafficking
in Persons, Especially Women and Children," supplementing the
UN convention against transnational crime, is currently in
the process of being reviewed by GOG agencies and
institutions.

-- Guatemala signed (September 7, 2000) and ratified (April
30, 2002) the Optional Protocol to the Convention on the
Rights of the Child on the Sale of Children, Child
Prostitution and Child Pornography.

-- Guatemala ratified the Hague Convention On Protection of
the Child and Cooperation in International Adoption on March
4, 2003.


5. (SBU) Protection and Assistance to Victims:


A. Does the government assist victims, for example, by
providing temporary to permanent residency status, relief
from deportation, shelter and access to legal, medical and
psychological services? If yes, please explain. Does the
country have victim care and victim health care facilities?
If so, can post provide the number of victims placed in these
care facilities?

-- The government has announced plans to construct shelters
for deportees along the Guatemala-Mexico border, but those
shelters are not functioning. The Public Ministry assists
victims of crime through offices in all provincial capitals
and major cities. Assistance to victims of sexual assaults
consists of medical, psychological, and social counseling and
assistance. The Criminal Investigative Division of the
National Police also provides referral services to victims,
and investigates sex crimes that may involve trafficking. In
2002, the USG provided support totaling $110,000 to the NGO
"Casa de la Mujer" for occupational training to trafficked
women along the Mexican-Guatemalan border.


B. Does the government provide funding or other forms of
support to foreign or domestic NGOs for services to victims?
Please explain.

-- We are not aware of GOG funding to foreign or domestic
NGOs for services to victims.


C. Are the rights of victims respected, or are they also
treated as criminals? Are victims detained, jailed, fined or
deported? If detained or jailed, for how long? Are victims
prosecuted for violations of other laws, such as those
governing immigration or prostitution?

-- Undocumented foreigners are deported and given 72 hours to
depart, but many stay in Guatemala. Victims of trafficking
are not prosecuted.


D. Does the government encourage victims to assist in the
investigation and prosecution of trafficking? May victims
file civil suits or seek legal action against the
traffickers? Does anyone impede the victim's access to such
legal redress? If a victim is a material witness in a court
case against a former employee, is the victim permitted to
obtain other employment or to leave the country? Is there a
victim restitution program?

-- Victims are not actively encouraged to file civil suits or
to seek legal action against traffickers. However, they are
free to do so.


E. What kind of protection is the government able to provide
for the victims and witnesses? Does it provide these
protections in practice?

-- If witnesses choose to come forward, the government does
not normally provide any protection for them. However, in
exceptional cases involving threats against witnesses, the
Public Ministry provides police protection during and for a
period after trials.


F. Does the government provide any specialized training for
government officials in the provision of assistance to
trafficked victims, including the special needs of trafficked
children? Does the government provide training on protections
and assistance to its embassies and consulates in foreign
countries that are destination or transit countries? Does it
urge those embassies and consulates to develop ongoing
relationships with NGOs that serve trafficked victims?

-- The government provides specialized training for police
and Public Ministry officials serving victims. Training for
embassies and consulates in foreign countries is also being
contemplated, but is not yet in place. The GOG does not
prohibit its embassies and consulates from developing ongoing
relationships with NGOs that serve trafficked victims.


G. Does the government provide assistance, such
as medical aid, shelter, or financial help, to its
repatriated nationals who are victims of trafficking?

-- The Public Ministry, with assistance from USAID, opened
pilot victims' assistance centers in the capital in 2000 and
expanded the program to include all provincial capitals and
major cities in 2001. The centers are staffed by a social
worker training in victim assistance, with access to medical
care, rape test kits, evidence preservation, and follow-up
legal and psychological counseling. The centers are
available to victims of trafficking as well as other crimes.
The Criminal Investigative Division of the National Police
also provides services to victims and investigates crimes of
trafficking.

H. Which NGOs, if any, work with trafficking victims? What
types of services do they provide? What sort of cooperation
do they receive from local authorities?

-- The major NGOs that work with trafficking victims are
"Pastoral del Migrante" from the Catholic Archbishop's
office, "Casa Del Migrante" in Tecun Uman and "Casa Alianza"
in the capital. Studies about trafficking are being carried
out in Tecun Uman by Guatemalan think tanks including FLACSO
and AVANSCO and the University of San Carlos. The NGOs
provide shelter and medical and legal assistance.

Embassy point of contact for trafficking in persons is PolOff
Erik Hall. He can be reached at (502) 331-1541, ext. 4635,
and by fax at (502) 334-8474.
HAMILTON