GUATEMALA 2004 TIP REPORT

UNCLAS SECTION 01 OF 06 GUATEMALA 000545 SIPDIS DEPT FOR AID, G/TIP, G, INL, DRL, PRWM, IWI, WHA/PPC E.O. 12958: N/A TAGS: KCRM PHUM KWMN SMIG KFRD ASEC PREF ELAB KCOR EAID KPAO GT SUBJECT: GUATEMALA 2004 TIP REPORT REF: A. GUATEMALA 307 ¶B. 04 STATE 274736 ¶C. 04 STATE 154857 ¶D. 04 STATE 273089 ¶1. Summary: The Government of Guatemala (GOG) achieved remarkable success in its efforts to combat trafficking in persons (TIP) during the reporting period, particularly in the development of new legal instruments to criminalize TIP activities. We note that Guatemala has achieved or made significant progress on every point of the 2004 Tier 2 Watch List Action Plan. For this reason, we recommend that Guatemala be removed from the Tier 2 Watch List and we also nominate two of Guatemala's chief anti-TIP activists as "heroes" in the fight against TIP. We also recommend Guatemala's establishment and use of an Inter-Institutional Working Group on TIP as a "best practice." End summary. Success in fighting TIP -------------- ¶2. The Government of Guatemala (GOG) achieved remarkable success in its efforts to combat trafficking in persons (TIP) during the reporting period, particularly in the development of new legal instruments to criminalize TIP activities, as reported ref (A). We were pleased with the positive tone of Guatemala's interim report provided ref (B) and note in this submission that Guatemala has achieved or made significant progress on every point of the 2004 Tier 2 Watch List Action Plan, provided in ref (C). For this reason, we recommend that Guatemala be removed from the Tier 2 Watch List. ¶3. As requested in the Action Plan, the Government of Guatemala has: -- increased investigations, arrests, and prosecutions of traffickers, -- achieved Congressional passage of penal code reforms to stiffen anti-TIP penalties, -- continued to work with Casa Alianza to identify centers of underage prostitution and conducted raids of those locations, -- prosecuted traffickers arrested in 2004, -- named an official to keep track of prosecutions, -- issued a request for bids to rehabilitate the TIP shelter in Coatepeque, -- taken steps to identify and rescue trafficking victims, -- sought data on numbers of foreign women in Guatemala engaged in the commercial sex industry, -- had senior government officials speak out on trafficking, -- carried out public awareness programs by the Secretariat for Social Communication and Immigration Service, -- continued to train police and immigration officials on TIP, -- shown progress in reducing TIP-related corruption, -- implemented the TIP Memorandum of Understanding with the Government of Mexico, and -- engaged other regional governments in discussions on anti-TIP activities. ¶4. As requested ref (D),we have designated Labor Officer Troy Fitrell as the point of contact for TIP issues; telephone (502) 2326-4635, fax (502) 2334-8474. An FS-02, he spent approximately 20 hours in the production of the 2004 TIP report. An FS-04 political officer also spent approximately 10 hours in the production of the 2004 TIP report. The data provided below are keyed to the questions in paras 18-23 of ref (D). ¶5. Overview ¶A. Guatemala is a country of origin, transit, and destination for international trafficking victims. According to one NGO study, there are 600-700 minors in centers of prostitution across the country, but reliable statistics do not exist on other forms of trafficking. For example, there were reports (but no reliable estimates) of forced labor trafficking mainly involving children used in begging rings in Guatemala City. ¶B. Foreign trafficking victims in Guatemala are predominant from El Salvador, Honduras, and Nicaragua. Outside of Guatemala, Guatemalans primarily fall victim to trafficking in Mexico. ¶C. There have been no great changes in direction or extent of trafficking. The increase in trafficking cases in the judicial system is a result of greater attention and effort by Guatemalan authorities. ¶D. The Government of Guatemala (GOG) has requested USG support to conduct such a survey, as have several NGOs, including Catholic Relief Services. No such survey, however, has been undertaken. Casa Alianza actively surveys suspected centers of prostitution around the country to provide guidance to the PNC for subsequent raids. ¶E. The majority of trafficking victims are forced to work in the commercial sex industry. Violence, threats, withholding documents, and debt bondage are all common methods used by traffickers. ¶F. Poor, young, unemployed or underemployed women and girls are the primary targets for traffickers. Job offers in the larger cities or in foreign countries are provided as inducements, although many victims were already migrating and were ensnared by traffickers during their journeys, often at border crossings. Migrants who failed to cross the border into Mexico often remained in the country and resorted to or were forced into prostitution. Many women and children were brought into the country from El Salvador, Nicaragua, and Honduras by organized rings that forced them into prostitution. Brothel owners often were responsible for transporting and employing victims of trafficking. Traffickers of persons frequently had links to other organized crime, including drug trafficking and smuggling of migrants and contraband. ¶G. The GOG has demonstrated exceptional political will to fight trafficking in persons, demonstrated by the regular statements of President Berger, Vice President Stein, and several cabinet ministers. The GOG's good faith efforts have directly addressed the protection of victims, the prosecution of traffickers, the development of new legal initiatives, and greater intra-governmental and inter-governmental cooperation to fight TIP. In terms of prevention, the Ministry of Government has signed an agreement with an internationally recognized NGO to provide anti-TIP training to its immigration authorities and police force. In terms of protection, the Secretariat for Social Welfare operates a shelter for victims, coordinates with several privately-run shelters, and is rehabilitating a large shelter near the Mexican border to care for underage victims. In terms of prosecution, the Attorney General's Office and the National Civilian Police (PNC) have established dedicated units to investigate and prosecute trafficking cases. The Guatemalan Congress passed a new anti-TIP law designed to give the PNC and the Attorney General's Office greater prosecutorial tools with enhanced punitive sanctions. ¶H. There were credible reports of police and immigration service involvement and complicity in TIP. A 2002 ECPAT study included reports that immigration officials took bribes from traffickers, gave the victims fake identification papers, and allowed them to cross borders. There were credible reports that brothel owners allowed police and immigration officials to have sex with victims without charge. The PNC's Office of Professional Responsibility (ORP) arrested a police officer who co-owned three brothels. Underage prostitutes were found at all three. The GOG is committed to investigating and prosecuting all forms of corruption or malfeasance in public service agencies. ¶I. Limitations on the government's ability to address TIP involve the lack of resources to fund shelters, rehabilitation efforts, and investigation and prosecutorial teams. In a larger sense, the lack of common understanding of the nature of TIP affects the ability of the GOG to act. Corruption is a problem at the lower levels of police and immigration services. ¶J. The PNC, Attorney General's Office, and the Secretariat for Social Welfare all issue annual reports on their activities. ¶K. Prostitution is not criminalized for those over the age of 18, although pandering, pimping, inducement to prostitution, and otherwise promoting prostitution is illegal. ¶6. Prevention ¶A. At the highest levels, the GOG recognizes the seriousness of TIP. ¶B. The PNC, Immigration Service, Secretariat for Social Welfare, Attorney General's Office, and the Ministries of Government, Foreign Relations, Education, and Health are all involved in direct anti-trafficking efforts. ¶C. The Secretariat for Social Welfare provided educational materials on child sexual exploitation to the public primary and secondary school system. The Secretariat for Social Communication publicized anti-TIP materials in high-impact areas. The Immigration Service also launched a campaign at all border crossings to educate the public on the risks of trafficking. ¶D. The GOG actively supports programs designed to increase women's participation in economic decision-making and to keep children in school. In addition to its national programs, the GOG actively encourages ILO/IPEC, USAID, and other donors to assist in these issues as well. ¶E. A lack of resources hampers the GOG's prevention programs. For this reason the Ministry of Foreign Affairs, which has the inter-institutional lead on TIP for the GOG, requested USG support for a broad public awareness and prevention program. ¶F. The GOG has an excellent working relationship with NGOs active in the fight against TIP. The GOG's Inter-Institutional Working Group welcomes participation by NGOs, IOs, and the donor community in the development of coordinated anti-TIP activities. Furthermore, the PNC and Casa Alianza work closely together to develop intelligence on locations of TIP victims in order to undertake raids to rescue them. Following the raids, minor victims are usually taken to Casa Alianza for counseling and other social services. The PNC and Casa Alianza also worked together to establish a missing children database and website. Also, the NGO End Child Prostitution, Child Pornography, and Trafficking in Children for Sexual Purposes (ECPAT) provided anti-TIP training to GOG institutions, including the PNC. ¶G. Guatemala's border with Mexico is long and, for much of its length, extremely rural. For this reason, monitoring the border for all kinds of criminal activity is extremely difficult. ¶H. The GOG's Inter-Institutional Working Group on TIP was broad-based, met regularly, and played a critical role in the development of anti-TIP strategy. The Inter-Institutional Working Group on TIP is chaired by the Vice Minister for Foreign Relations and includes the Ministries of Foreign Relations, Government (Interior),Labor, Health, and Education; the Presidential Secretariats for Social Welfare, Women, and Social Communication; the Attorney General's Office; the Presidential Commission on Human Rights; the Judiciary; and Congress. While no official task force on corruption exists, there is a Presidential Commissioner for Transparency who coordinates anti-corruption activities throughout the GOG. Within the PNC, the Office of Professional Responsibility actively investigates and punishes wrong-doing by police officers, and some of these cases lead to criminal charges. ¶I. The GOG participates in all multinational fora regarding TIP. In addition, the GOG has engaged in extensive bilateral efforts. The GOG negotiated and implemented a Memorandum of Understanding (MOU) with the Government of Mexico to coordinate the fight against TIP, which entered into force on February 22, 2005. The two governments also developed an MOU on repatriation to improve the treatment of victims of trafficking in the repatriation process. The GOG also has repatriation agreements for minor victims of trafficking with El Salvador, Nicaragua, Honduras, and Costa Rica. ¶J. The GOG's national action plan included the successful establishment of the special police and prosecution units to combat TIP and established the Inter-Institutional Working Group on TIP to coordinate GOG action. The working group is currently updating the national action plan to achieve new goals. ¶K. The Chairperson of the Inter-Institutional Working Group on TIP is Vice Minister of Foreign Relations Marta Altolaguirre. Her office has the lead on GOG coordination and also on a public relations program designed to increase public awareness and understanding of the dangers of TIP. While individual GOG agencies plan their own activities, all anti-TIP activity is coordinated through the Ministry of Foreign Relations. ¶7. Investigation and Prosecution of Traffickers ¶A. Guatemala recently enacted strong new legislation to criminalize all forms of TIP and earnings from TIP. The new language amended Article 194 of the Penal Code to state that "Whoever 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." 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 prosecutors must prove that the intent of the trafficking was for the purpose of prostitution. Traffickers can also be prosecuted under laws prohibiting pandering, sexual procurement, and inducement to prostitution, as well as fraud and other criminal financial activity. All of these laws are being used to combat TIP. While other legal proposals to combat TIP are still under consideration by the working group, the legal framework to cover the full scope of TIP is in place. ¶B. 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. The new legislation does not include differences between sexual and labor exploitation as part of trafficking. The penalties are the same. ¶C. The Penal Code requires sentences between six and 50 years for rape convictions. The Penal Code does not define sexual assault. ¶D. The Attorney General's Office opened 40 cases specifically linked to TIP and achieved six convictions, with fines ranging from USD 375 to 800 (3000-6000 Quetzales). These cases were prosecuted under the previous legal regime, and so the convictions were for the lesser offenses of pandering and sexual abuse of minors. No jail time was assessed for these convictions. ¶E. There has been no systemic study; however, most observers believe that brothel owners often were responsible for transporting and employing victims of trafficking. Traffickers of persons frequently had links to other organized crime, including drug trafficking and smuggling of migrants and contraband. Small crime groups and larger organized crime syndicates are behind much of the trafficking. ¶F. The GOG actively investigated trafficking. The PNC's Special Unit on TIP conducted 114 bar raids during the reporting period, resulting in 43 arrests. Many investigative -- such as wiretap authority -- are not legally available to Guatemalan law enforcement agencies, although undercover operations are allowed and are used. ¶G. The GOG has an agreement with ECPAT to provide a train-the-trainer program to the police academy and to the immigration authorities. The GOG also developed with the International Organization for Migration an anti-TIP training program for public servants. ¶H. The MOUs with Mexico are designed to allow for cooperative investigations, but TIP cases with Mexico generally reflect cases of Guatemalans resident within Mexico's borders. ¶I. The GOG has neither received nor submitted an extradition request directly related to TIP, but there is no legal prohibition to extradition of Guatemalan nationals. ¶J. There is no evidence of GOG involvement in TIP. At lower levels, charges have been made against individual police officers, which have been thoroughly investigated. ¶K. The GOG is currently prosecuting a police officer who co-owned three brothels where minor victims of trafficking were found. ¶L. Guatemala has no identified child sex tourism problem. The Guatemalan penal code has no extraterritorial coverage. ¶M. Guatemala has ratified ILO Conventions 29, 105, and 182, as well as the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution, and child pornography. Guatemala has also signed and acceded to the Protocol to Prevent, Suppress, and Punish Trafficking in Persons, especially Women and Children, supplementing the UN Convention Against Transnational Organized Crime. ¶8. Protection and Assistance to Victims ¶A. The GOG does assist victims by providing shelter and access to legal, medical, job training, and counseling services, but the availability of these services was inadequate. Adult trafficking victims are generally deported, although they are not treated as criminals. In 2004, the Secretariat for Social Welfare provided assistance to 275 minors were living on the street, sexually exploited, or otherwise abused. ¶B. NGOs provide extensive services to TIP victims, but these activities are funded through the NGOs' own sources. ¶C. Minor victims are generally referred to Casa Alianza and other NGOs, for care, protective custody, and job training when encountered by law enforcement agencies. Victims repatriated from Mexico to Guatemala are referred to the Secretariat for Social Welfare's shelter in Quetzaltenango. SIPDIS ¶D. Victims are generally not treated as criminals and are not jailed, detained, or prosecuted. Adult victims from other countries are, however, frequently deported. ¶E. Victims are encouraged to provide testimony, but civil cases are nonexistent. There is no victim restitution program. ¶F. The GOG operates a shelter for TIP victims in Quetzaltenango, Guatemala's second-largest city which is located relatively close to the Mexican border. The GOG is rehabilitating another shelter located much closer to the main border-crossing points to Mexico. This new shelter in Coatepeque is intended for minor victims. The GOG budget provides USD 167,000 (1.3 million Quetzales) for this purpose in 2005 and the USG has also allocated an additional USD 80,000 to equip the facility. The project is, therefore, fully funded. ¶G. The GOG, through an agreement with ECPAT, provided specialized anti-TIP training to GOG officials. The GOG also encouraged its embassies and consulates to engage NGOs and host governments on the issue. The GOG developed an anti-TIP training program in cooperation with the International Organization for Migration for embassy and consulate staffs. ¶H. The GOG provides shelter to its repatriated nationals at the shelter described above in Quetzaltenango. ¶I. Casa Alianza, Casa del Migrante, and Casa de la Mujer all provide direct shelter, counseling, and services to trafficking victims. With support from USAID, the Oblate Sisters run a shelter and vocational training center for victims and women at risk of being trafficked on the border with Mexico. This effort will be a model for other programs in Guatemala and other parts of Central America. ILO/IPEC, UNICEF, Catholic Relief Services, and ECPAT, amongst others, provide financing and counsel to such efforts and run programs to minimize the occurrence of TIP and to mitigate its effects. ¶9. Heroes: We are pleased to nominate two Heroes for their anti-trafficking activities. ¶A. Vice Minister for Foreign Relations Marta Altolaguirre has been a driving force in Guatemala regarding all aspects of anti-TIP activity. She conceived the idea of an Inter-Institutional Working Group on TIP and successfully sold the idea to the President. She then used this political support to ensure that participation was at a high level and included NGOs and interested diplomatic and donor missions. She chaired the working group and developed a national action plan, including the revision of Guatemalan law to aid justice agencies to investigate and prosecute cases. Altolaguirre brought her long and distinguished career in human rights to bear on the formulation of Guatemala's anti-TIP policies, ensuring that TIP was addressed in all its facets, not just as a law enforcement problem. Under her direction, the working group developed two legislative reforms: the first very specifically criminalized TIP and its related activities to give the justice system important prosecutorial tools while the second more broadly addressed all forms of social abuse. The Vice Minister recognized that the two projects were not mutually exclusive and ensured that the working group supported them both. The Vice Minister also used her position to develop international cooperation on the subject, including the MOU with the Government of Mexico and extended consultations with USG agencies. ¶B. Casa Alianza Director Arturo Echevarria directly aided trafficking victims more than any other person. Echevarria enacted a nation-wide survey of commercial sex establishments to develop intelligence regarding the location of TIP victims. Police authorities told us that they consider this survey the most reliable source of information in Guatemala regarding TIP and that it is the basis for their raids. Echevarria usually accompanied the PNC on these raids because the PNC refer all trafficking victims to Casa Alianza for treatment. Echevarria was also an enthusiastic participant in the inter-agency working group on TIP and his expertise in both social support and law enforcement activity was the foundation for the new legal initiatives to combat trafficking. ¶10. Best Practices We strongly recommend the development of an Inter-Institutional Working Group as a "Best Practice" to combat TIP. The process followed by the GOG to establish such a working group is an excellent example for other nations. First, the GOG designated a lead agency and, more importantly, a lead individual with the experience and knowledge to handle the subject, plus the managerial capacity to accommodate competing agendas. Then, the national executive ensured that all relevant agencies would participate at a senior level, thus ensuring that decisions reached in the working group could be implemented. Finally, the working group encouraged the participation of NGOs, IOs, and diplomatic and donor missions, in order to take advantage of their respective skill sets. Once this working group was established, it met regularly to focus on very specific goals. In this way, action plans and draft legislation were developed effectively and in a manner of consensus. HAMILTON