GUATEMALA STRENGTHENS TIP LAW

UNCLAS GUATEMALA 000307

SIPDIS

JUSTICE FOR OPDAT:SETH KIPP, FAITH COBURN, BILL HALL

E.O. 12958: N/A
TAGS: KCRM KWMN SMIG PHUM PGOV EAID SNAR GT
SUBJECT: GUATEMALA STRENGTHENS TIP LAW



1. Summary: Guatemala's Congress approved strong anti-TIP
legislation that will aid GOG efforts to investigate,
prosecute, and convict those engaged in trafficking. The new
law includes a much broader and more effective definition of
trafficking that will aid police and prosecutors and much
stiffer penalties that will aid judges in sentencing. This
welcome achievement was achieved through an inter-agency
consultative process that we consider a best practice. End
summary.

Strengthening laws on TIP
--------------


2. The Guatemalan Congress approved a Penal Code reform on
February 2 to strengthen Government of Guatemala (GOG)
efforts to combat trafficking in persons (TIP). The new
language to Article 194 of the Penal Code states that
"Whomever obliges, promotes, induces, facilitates, finances,
collaborates, or participates in the transport, transfer,
acceptance, or reception of people, obtaining an economic
gain, commits the crime of trafficking in persons and must
serve prison time."


3. In addition to broadening the definition of TIP, the new
law strengthened the punishments available to judges upon
sentencing. The new law establishes prison sentences of
between seven and twelve years for those found guilty of
trafficking, up from the previous range of one to three
years. Moreover, punishments under the new law are
automatically increased by one third if the victim is a minor
and by two thirds if the victims suffer physical harm.


4. This language greatly strengthens Guatemala's Penal Code
in regard to TIP issues. The previous language only
considered the limited aspect of women crossing national
borders for the purposes of prostitution. The revision not
only expands the definition of who would be guilty of
trafficking, but also removes the limitation that only women
can be victims and that the trafficking must be for the
purpose of prostitution. Furthermore, under the old law
prison sentences were not mandatory. Indeed, none had ever
been imposed.


5. Prosecutors tell us that the need to prove the intent of
prostitution was a significant block to achieving
convictions. For this reason, convictions tended to be for
the lesser charge of pandering, which only merited a fine.
According to the prosecutors, the new ruling provides an
important prosecutorial tool.

Comment
--------------


6. We have been promoting this legislation for over six
months and are pleased that it was approved unanimously. The
new legislation greatly improves the GOG's capacity to
prosecute traffickers. We were also impressed by the GOG
process used to achieve this landmark legislation. The
inter-agency working group on TIP legislation included a
broad range of GOG agencies, in addition to NGOs,
International Organizations, and this Mission. We recommend
this approach as a best practice, and note that the working
group will continue to meet to refine broader legislative
proposals in regard to TIP.
HAMILTON