GUATEMALA'S INTERIM ASSESSMENT FOR TIP

UNCLAS SECTION 01 OF 02 GUATEMALA 002845

SIPDIS

STATE FOR WHA/PPC AND G/TIP
DOJ FOR OPDAT:BILL HALL AND FAITH COBURN

E.O. 12958: N/A
TAGS: KCRM KWMN PHUM GT
SUBJECT: GUATEMALA'S INTERIM ASSESSMENT FOR TIP

REF: STATE 228298


1. The Government of Guatemala made appreciable progress in
each of the following areas in regard to trafficking in
persons (TIP). The responses below are keyed to the
questions in paragraph D of reftel. Our own comments follow
in para 2.

a) Guatemala has several pending legal proposals to codify
trafficking in persons as a crime in Guatemala's criminal
code. A proposal tightly focused on the actual
transportation of persons with criminal intent has passed its
first reading in Congress, and the second reading is expected
soon. This draft was originally proposed by immigration
officials to remedy the specific legal shortcomings that they
faced in their own work. The proposal was then revised and
strengthened by the Chair of the Congressional Commission for
Government (Interior),whose purview includes law enforcement
issues. The Government's Inter-Institutional Committee on
TIP issues, in which we are active participants, is finishing
work on a broader legislative proposal to address and refine
all aspects of trafficking in persons, as described in more
detail septel. These two main proposals are not mutually
exclusive.

b) Both the National Civilian Police (PNC) and the Attorney
General's Office have set up specialized units to concentrate
on TIP. These units have increased the coordination between
their respective departments as well as their individual
activities to interdict and prosecute TIP.

c) NGOs play a primary role in Guatemala's anti-TIP activity.
In particular, public sector agencies recognize local
chapters of international NGOs Casa Alianza and ECPAT as full
partners in the fight against TIP. The PNC continues to use
Casa Alianza's survey of sites engaging in child prostitution
as a target list for raids and arrests. Following such
raids, rescued victims routinely are delivered to Casa
Alianza for housing and treatment. ECPAT provides on-going
anti-TIP training to agents of the PNC, the Special
Prosecutor's Office, and the Immigration Service.
Furthermore, ECPAT is developing an anti-TIP curriculum for
the Police Academy's use in introductory training for new
recruits. (Note: ECPAT's full name is End Child
Prostitution, Child Pornography, and Trafficking in Children
for Sexual Purposes. End note.)

d) In the first three quarters of 2004, the PNC conducted 113
raids of bars, brothels, and other businesses. They rescued
18 minors (ages 14-17) and made 40 arrests. Also based on
the raids, immigration officials deported 141 adult foreign
prostitutes.

e) Following the publication of the USG's Report on TIP,
President Berger and Vice President Stein made extensive
public comments on TIP. Other officials at the Ministry of
Government (Interior) and its various law enforcement
agencies, the Attorney General's Office, and the Ministry of
Foreign Affairs regularly make public comment on trafficking
issues. The Ambassador and Foreign Minister Briz recently
signed a Memorandum of Understanding on behalf of USAID and
the Government of Guatemala, respectively. Significantly,
Briz insisted on signing the Memorandum at this level and the
event received extensive media coverage.

f) As noted above, ECPAT provides on-going training programs
for all of Guatemala's law enforcement agencies. Such
training is welcomed by the agencies themselves and their
parent political structure, the Ministry of Government
(Interior). The Department of Justice OPDAT team conducted a
site survey in September 2004 to plan a week-long anti-TIP
training program in early 2005. The OPDAT team received an
enthusiastic welcome and the continued support from
Guatemalan governmental and non-governmental institutions.

g) Law enforcement agencies continue to recruit and train
officers as a continuing effort to combat corruption in all
of their efforts. This is readily apparent in anti-TIP
activities. Law enforcement officials note that some of
their raids have been ineffective due to advance warning
reaching suspected traffickers. On at least one occasion, a
senior law enforcement officer returned unexpectedly early
from a foreign trip to conduct an unannounced raid, thus
maximizing operational security.


2. Comment: We are impressed with the level of dedication
and professionalism exhibited by the Government of
Guatemala's various agencies to refine and expand the fight
against TIP. We hope that the first legal reform proposal
described above will become law before the end of CY2004 and
that the second will pass in the first quarter of CY2005.
Equally as important as official activity, however, is the
general understanding of TIP across Guatemalan society.
While government works to expand legal penalties for TIP,
judges are not currently using all of the penalties available
under current law. There is little recognition of TIP as a
crisis amongst members of Congress or by the constituencies
they represent. We intend to encourage the members to take a
stronger leadership role outside of their legislative
responsibilities, to increase recognition and understanding
of the issue.
HAMILTON