HONDURAS TRAFFICKING IN PERSONS REPORT 2005/2006

UNCLAS SECTION 01 OF 20 TEGUCIGALPA 000459

SIPDIS

SENSITIVE
SIPDIS

STATE FOR G/TIP, DRL/IL, DRL/PHD, AND INL/LP
STATE FOR WHA/PPC, WHA/CEN, PRM, CA, AND G/IWI
STATE PASS AID FOR LAC/CAM
DOL FOR ILAB
DOJ FOR OPDAT

E.O. 12958: N/A
TAGS: KCRM PHUM KWMN SMIG KJUS ASEC PREF ELAB HO
SUBJECT: HONDURAS TRAFFICKING IN PERSONS REPORT 2005/2006

REF: (A) 06 State 3836 (2006 TIP report instructions)
(B) 05 Tegucigalpa 457 (2004/2005 TIP report)
(C) 06 Tegucigalpa 247 (Anti-TIP project proposal)
(D) 05 Tegucigalpa 1808 (TIP speaker)
(E) 05 Tegucigalpa 1302 (TIP-related arrests)


1. (SBU) The following is the 2005/2006 Anti-Trafficking in
Persons (TIP) Report input for Honduras, responding to
questions posed in ref A. Post point of contact is Political
Officer Swati M. Patel, phone: (504) 236-9320, ext. 4394, IVG
phone: 539-4394, fax: (504) 238-4446, and unclassified and
classified e-mail. Two spring interns spent a total of 100
hours in preparation of this report. One FS-5 spent 50 hours
in preparation of this report, one LES spent 10 hours in
preparation of this report, and one FS-2 spent 10 hours in
preparation of this report.

Post would like to highlight that in August 2005, the
Honduran Congress passed a reform to Chapter 2 of the Penal
Code that now encompasses almost all forms of Commercial
Sexual Exploitation (CSE) and Trafficking in Persons (TIP)
with an increase in penalties and jail time. The legislation
was signed on September 28, 2005, and published on February
4, 2006 in La Gaceta (the Honduran version of the Federal
Registrar) making it enforceable. This new law is the most
significant anti-TIP advance since the last TIP report, and
is a watershed in the GOH's efforts to prevent and prosecute
TIP, and to protect potential TIP/CSE victims.

Detailed answers to the questions raised in ref A are below.

Question 21. OVERVIEW


A. IS HONDURAS A COUNTRY OF ORIGIN, TRANSIT OR DESTINATION
FOR INTERNATIONAL TRAFFICKED MEN, WOMEN OR CHILDREN? Yes.
Honduras is a point of origin and transit for internationally
trafficked women and children.

-- SPECIFY NUMBERS FOR EACH GROUP? There are no
authoritative numbers available, but Post estimates that
there are significantly more than 100 TIP victims.

-- DOES THE TRAFFICKING OCCUR WITHIN HONDURAS' BORDERS?
Trafficking also occurs within the country's borders.

-- DOES IT OCCUR IN TERRITORY OUTSIDE OF THE GOVERNMENT'S
CONTROL? There is no territory technically outside of the
government's control; however, trafficking does occur in
regions where the government's presence and day-to-day
control is minimal, as well as in areas with more significant
GOH presence.

-- ARE ANY ESTIMATES OR RELIABLE NUMBERS AVAILABLE AS TO THE
EXTENT OR MAGNITUDE OF THE PROBLEM? Some estimates exist,
but reliable statistics are not available for most issues in
this poor, developing country. However, from the evidence
available, it appears that there are "a significant number of
victims of severe forms of trafficking." Qualitative
statistics are a problem not only for Honduras, but also for
the region. At the latest sessions of the Inter-American
Commission on Human Rights this problem was posed before the
Commission, and it was suggested at the Commission that a
centralized information system be created in order to
compile, organize, analyze, and distribute data on TIP and
CSEC.

In 2002 the International Labor Organization (ILO)
International Program on the Elimination of Child Labor
(IPEC) published a study of CSEC based on interviews with 100
victims (86 girls and 14 boys) in Tegucigalpa and San Pedro
Sula. The study covers levels of poverty, pregnancy rates,
previous sexual abuse, place of exploitation, and assistance
received by the children. In March 2002, the NGO Casa
Alianza published a report "Investigation on the Trafficking,
Sex Tourism, Pornography and Prostitution of Children in
Central America and Mexico," which also does not include
statistical information of the extent of the problem in

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Honduras. In October 2002, DePaul University's International
Human Rights Law Institute published the report "In Modern
Bondage: Sex Trafficking in the Americas." The book is a
comparative analysis of efforts to combat sex trafficking in
Belize, Costa Rica, the Dominican Republic, El Salvador,
Guatemala, Honduras, Nicaragua, and Panama. It does not
include statistical information of the extent of the problem
in Honduras. Likewise, in 2006, John Hopkins University
released the third edition of the Protection Project: "Human
Rights Report on Trafficking in Persons, Especially Women and
Children." However, it too does not include statistical
information. The U.S. Department of Labor (DOL) funded an
ILO/IPEC "Statistical Program for Advocacy on the Elimination
of Child Labor and the Protection of Working Children in
Central America and the Dominican Republic (SIMPOC)." This
USD 2,210,173 project began in October 1999 and was scheduled
to end in December 2003, but was extended through June 2004.
It funded household surveys designed to gather information
about the magnitude of child labor in Central America,
including in Honduras. IPEC published a synthesis of the
results of this study in May 2004, but it is based on 2002
data already published.

The NGO Friend of the Children Foundation said that, from
1990 to 2003, 408 cases of missing children had been reported
to the NGO. It is unknown how many of these children may
have been trafficking victims. Save the Children UK did a
study with the Honduran police of CSEC in the San Pedro Sula
area, but this study was never published. In December 2003,
Casa Alianza released a study estimating that there are
approximately 8,335 children who are victims of some form of
CSEC in Honduras. The report also identified 1,019 children
(979 of whom were female) who are being commercially sexually
exploited. While details of this report are not available
publicly, Post later learned that the most victims were found
in Tegucigalpa, San Pedro Sula, Tocoa, Tela, and Puerto
Cortes (in that order),and that the study found CSEC to be
concentrated in two zones: the North-South commercial
corridor and the North (Caribbean) Coast. In October 2005,
Casa Alianza estimated that approximately 10,000 children in
20 cities of Honduras are affected by CSE/TIP, with
approximately 400 of them being boys. Casa Alianza also
cited the Mexican National Statistical Institute's statistic
of 12,000 deportations of Hondurans annually, primarily based
on alien smuggling/TIP, with daily deportations of 30 to 40
children of Guatemalan or Honduran nationality.

In March 2004, Casa Alianza released the results of a nine-
month investigation into CSEC in Guatemala City, in which it
identified 688 girls that were CSEC victims. At least ninety-
eight of these were Hondurans; in many cases Casa Alianza was
unable to determine the nationality. On the demand side,
ILO/IPEC in 2004 released a qualitative study that focused on
the demand for CSEC in Central America, Panama, and the
Dominican Republic. The office of the Human Rights Ombudsman
runs a 1-800 type number for complaints of human rights
violations. The office reports having received 42 alleging
possible TIP-related calls in 2004: two for "slavery and
servitude," one for "trafficking in women and forced
prostitution," 14 for "economic exploitation," and 25 for
"sexual exploitation." The office works to refer these
complaints to the appropriate authorities. The NGO Center
for the Investigation and Promotion of Human Rights
(CIPRODEH) runs a program to address sexual abuse of children
in Atlantida department (North Coast). It reports anecdotal
evidence, though no hard statistics, of CSEC in this region,
possibly including child sex tourism.

Post notes that the vast majority of Honduran migrants are
economic migrants who go of their own free will and are not
subject to forced labor in the countries to which they
migrate.

-- WHAT ARE THE SOURCES OF AVAILABLE INFORMATION ON
TRAFFICKING IN PERSONS? Available sources of information
include Honduran government officials in the Ministry of
Government and Justice, including Immigration; the Ministry

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of Public Security, including the Directorate of Special
Investigations (DGSEI),the Frontier Police (part of the
DGSEI),as well as the Preventive Police - including the
Division Against Abuse, Traffic and Child Sexual Exploitation
(DATESI),and the Criminal Investigative Police (DGIC); the
Public Ministry (Attorney General and prosecutors); the
Ministry of Foreign Affairs; the Minister of Women's Affairs;
and the Honduran Institute for Children and the Family
(IHNFA); the Human Rights Ombudsman's office; international
organizations, including UNICEF and the International
Organization for Migration (IOM); and multiple NGO
representatives, including CIPRODEH (the UNHCR representative
in Honduras),Save the Children UK, Center for the Study of
Women - Honduras (CEM-H),Friend of the Children Foundation,
and Casa Alianza.

-- HOW RELIABLE ARE THE NUMBERS AND THESE SOURCES? The
sources of information are reliable, but as previously
stated, statistics are generally not available for TIP in
Honduras, with the exception of the December 2003 Casa
Alianza study noted above. IHNFA has been undergoing a
restructuring and has significant problems in the recent
past.

-- ARE CERTAIN GROUPS OF PERSONS MORE AT RISK OF BEING
TRAFFICKED? Women and girls are trafficked more often than
men and boys. Casa Alianza estimates that approximately 90
percent of minors trafficked from Honduras are girls.


B. PLEASE PROVIDE A GENERAL OVERVIEW OF THE TRAFFICKING
SITUATION IN HONDURAS AND ANY CHANGES SINCE THE LAST TIP
REPORT.

Prosecution
--------------

The GOH has demonstrated a willingness and ability to
investigate and prosecute TIP cases on related charges, and
this was prior to the newly passed legislation against
commercial sexual exploitation. In the area of
investigations, arrests, and prosecutions, progress has been
made on an increasing number of TIP-related cases over the
last year. Raids of centers of possible underage
prostitution continued with arrests of perpetrators and
victims being assisted. The recently passed legislation on
commercial sexual exploitation/trafficking in persons
(CSE/TIP),which came into force February 4, 2006, has strong
support (see Question 23-A). This new law is a watershed in
the GOH's efforts to prevent and prosecute TIP, and to
protect TIP victims. With respect to data collection
efforts, Post has submitted a project proposal to fund a Save
the Children UK project in coordination with Post's Narcotics
Affairs Section (NAS) to work with the division within the
Preventive Police that focuses on the abuse, smuggling, and
sexual exploitation of children (DATESI) to create a National
Archiving and Processing System for the registration and
follow-up of CSEC cases. This system would be connected as
part of the national criminal database that will soon go
online (ref C).

Protection
--------------

The GOH continues to work with NGOs to identify victims of
both internal and transnational trafficking and ensure that
victims receive assistance. In Yunque, Ocotepeque, there is
a shelter for the returned minors, women and disabled
migrants with support from the Catholic Church, International
Office of Migration (IOM) and Honduran Institute for Children
and the Family (IHNFA). The Public Ministry committed to
dedicating one prosecutor to the shelter specifically to
identify TIP victims and investigate the modus operandi of
traffickers. This inter-agency effort with close cooperation
from NGOs like Casa Alianza is an important step forward.
The GOH works closely with NGOs to refer women and children
to shelters as appropriate.


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Prevention
--------------

Senior GOH officials of the Maduro Administration, including
the Ministers of Foreign Affairs, the Presidency, Government
and Justice, and Public Security, as well as the Attorney
General and the President of the Supreme Court, have all
expressed to USG officials their commitment to combating TIP
and are prioritizing resources from their strained budgets to
prevent and combat TIP. Post is working to highlight the
importance of TIP with the new Zelaya Administration
officials (sworn in January 27, 2006). The inter-
institutional commission on commercial sexual exploitation
has conducted numerous regional seminars on CSE/TIP. Both
the commission and the ILO/IPEC program on combating CSEC
have conducted training for GOH officials. The UNICEF/GOH
public information campaign against trafficking and CSEC has
raised awareness among the general public, and there has been
growing media coverage of CSE/TIP. In January 2005, IOM,
using PRM funding, implemented a well-attended two-day
seminar on trafficking to train mid- and high-level GOH
officials on all aspects of TIP. The Deputy Director of the
Migration Police, who attended the IOM training, subsequently
used the seminar materials to train all of her staff on
recognizing and investigating TIP. The Public Ministry
together with UNICEF conducted a total of 10 training
sessions throughout 2005 on the prevention of TIP and
commercial sexual exploitation of children (CSEC) to
transportation and hotel owners in Tegucigalpa and San Pedro
Sula, of which there were a total of 84 participants. Using
funding from G/TIP, in 2005, NAS conducted four basic
criminal investigative training courses in Tegucigalpa and
San Pedro Sula to improve TIP investigations and
prosecutions. Overall, 108 people participated, including
investigators, judges, attorneys and police officers -
attendees primarily from the Public Ministry and the
Migration Police. At the end of March 2006, NAS is
sponsoring a two-week TIP training session in Tegucigalpa,
which will include many of the aforementioned governmental
players as well as numerous NGO participants. In February
2006, NAS also donated new equipment worth USD 13,000 to
DATESI to help with training and for a more unified database.
GOH police and prosecutors are active in a DHS/ICE-organized
regional task force on TIP/alien smuggling, and have actively
participated in regional law enforcement and migration
conferences that address CSE/TIP. The Special Prosecutor for
Children is working with her counterpart in Guatemala on
locating and repatriating Honduran children who are victims
of CSE/TIP of CSEC in Guatemala. The Attorney General has
communicated with the Guatemalan Attorney General on the need
for coordinating bilaterally on TIP cases.

Finally the finalizing and official publication of TIP/CSE
legislation reform, along with other anti-TIP efforts over
the last year and up to the present, have demonstrated that
there is a very strong political/institutional will to combat
CSE/TIP in Honduras.

The following are recent TIP-related cases in Honduras:

Internal TIP/CSE:
--------------

-- The Special Prosecutor for Children is continuing to
conduct operations jointly with the police, IHNFA, judges,
and Casa Alianza, to rescue CSEC victims and arrest and
prosecute those responsible.

-- Cases continue against several bars and massage parlors
accused of CSEC, specifically prostitution. There is an
outstanding arrest warrant for pimping children for the
Spanish owner of the Titanic bar in Tegucigalpa, Jose Maria
Vega Llorenti. He is believed to have fled to Spain; the
bar's manager, a Honduran woman, is under arrest. In another
case there is an outstanding arrest warrant for a fugitive
Honduran man for running a "massage parlor" with minor
prostitutes.

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-- As previously reported, Honduran authorities arrested
American citizen Timothy Shea Hogan on July 15, 2003, for
alleged commercial sexual exploitation of five Honduran girls
in Danli. He was convicted October 21, 2004, and on October
23, 2004, was sentenced to 47 years in jail. This case
involved close cooperation between U.S. and Honduran law
enforcement authorities. He faces possible U.S. Protect Act
charges upon the completion of his sentence in Honduras.

-- Including Timothy Shea Hogan, the GOH has prosecuted six
American citizens in the last five years, all on charges
related to crimes against children. Three were involved in a
club in San Pedro Sula that involved pimping and pandering to
minors. The other prosecutions were for lechery against a
minor, Internet pornography, and sexual abuse of minors. One
U.S. convict escaped from jail, and one jumped parole; both
of these two are reportedly back in the U.S.

-- In a child pornography case in 2005, one Honduran man was
arrested in Tegucigalpa for exploiting two Honduran girls to
make child pornography. No further details are available at
this time.

-- Another U.S. citizen was arrested in La Ceiba in January
2006, but has not yet been prosecuted. He was arrested for
child pornography and was found to have pictures and videos
of child pornography, along with magazines, massage oils,
computers, and other equipment used for the pornography. Due
to his status as a senior citizen, he is being held under
house arrest.

- - Post is awaiting more updated information on specific
internal TIP/CSE cases from the Special Prosecutor for
Children.

Transnational TIP/CSE:
--------------

-- As previously reported, Honduran police arrested Chinese
naturalized Hondurans Hu Weng Rong (December 9, 2003) and He
Jia Bin (December 11, 2003) in San Pedro Sula for involvement
in an alien smuggling ring for People's Republic of China
(PRC) nationals using fraudulent documents. Both are still
in jail pending prosecution for charges of alien smuggling,
false documents, possessing equipment to create false
documents, and money laundering. These cases could have some
TIP elements, as it is possible that the Chinese being
smuggled would have been subject to debt bondage to pay off
their smuggling fees. The office of the Special Prosecutor
for Organized Crime reports that the various Chinese
smuggling networks in Honduras are all related, and that the
transit of Chinese through Honduras has decreased
significantly from 2003 to 2004, at least in part because of
aggressive GOH efforts to combat these networks in
conjunction with DHS/ICE. The prosecution of He Jia Bin has
been problematic, and complaints have been lodged against
three judges in this case.

-- As previously reported, Honduran police arrested two
Taiwanese citizens in 2003 on charges of alien smuggling in
cases that could have some TIP elements, as it is possible
that the Chinese would have been subject to debt bondage to
pay off their smuggling fees. The Taiwanese were caught
trying to smuggle PRC nationals to the U.S. via San Pedro
Sula using fraudulent documents. Chen Ke Jung, arrested in
San Pedro Sula on October 12, 2003, has since violated
probation status and is currently a fugitive. Lin Wei-Chung,
arrested December 26, 2003, was charged with alien smuggling
and false documents but released on bail in March 2004 and
fled in April 2004. Taiwanese authorities in Honduras issued
an alert to all Central American countries to prevent Lin
from obtaining a passport. Taiwan consular officials report
that Lin applied for and was denied a passport in Guatemala
in May 2004. The actions of Judge German Garcia in these
cases have been suspect. The Special Prosecutor for
Organized Crime has lodged a complaint against him.

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-- As previously reported, Honduran authorities arrested six
people (three men and three women) in Tocoa in October 2003
for alien smuggling and money laundering, and charged two of
the men with aggravated alien smuggling because of alleged
sexual exploitation of their victims. These two men are
alleged to have forced three women to have sex in exchange
for their illegal passage from Honduras to
Guatemala/Mexico/U.S. The men are in jail and the women are
under house arrest, and the case is pending.

-- As previously reported, according to the Honduran
newspaper La Tribuna, Guatemalan security forces in early
February 2003 discovered nine children, two of them Honduran,
who were being held captive in Guatemala City. According to
the children's account, adults claiming to be Evangelical
pastors recruited them. The "pastors" promised the children
that, upon arrival, they would have plenty of food, friends
and toys. In reality, the children, between eleven and
fifteen years old, were forced to sell drugs, candy, and
clothing in the streets. At night, they were chained
together to prevent escape. The victims were physically
abused and were given only bread and beans to eat.
Guatemalan police arrested two Guatemalans whom police
believed to be responsible soon after the victims were
discovered.

-- As previously reported, DHS/ICE officials, working jointly
with the FBI and local police, in Fort Worth, Texas on May
16, 2002, busted an illegal immigration/trafficking operation
in which at least 39 Honduran women, among them five girls,
were prostituted in area bars and subject to debt bondage.
Honduran police, working closely with DHS/ICE, arrested
ringleader Roger Galindo in San Lorenzo, Honduras on February
5, 2004. Also arrested February 5 were Marlene de Jesus
Aguilar Galindo (Galindo's cousin) and Sabina Zepeda (his
mother); Maria Isabel Cruz Zamora (his common law wife) is
still a fugitive with pending Honduran and U.S. arrest
warrants. Roger Galindo and the others had been fugitives
since the original arrests in 2002. This case is a good
example of GOH ability to obtain TIP-related convictions in
spite of the previous limitations of the law. Roger Galindo
and Sabina Zepeda were convicted October 21, 2004 in Honduras
of aggravated alien smuggling because of the elements of
exploitation and deprivation of liberty in the case. Both
were sentenced to ten years imprisonment. Marlene de Jesus
Aguilar Galindo was acquitted, but the Honduran prosecutor
appealed the case, and a Supreme Court resolution is pending.

-- On April 15, 2004 three individuals were detained in a
case in San Pedro Sula involving the smuggling network
Chinchilla Leon. The individuals were charged with alien
smuggling, money laundering, falsification of public
documents, and impersonation. Three other individuals are
fugitives and have outstanding arrest warrants. This case is
still pending, and it is not yet clear if there are elements
of trafficking in this case.

-- The office of the Special Prosecutor for Organized Crime,
working with DHS/ICE, has been investigating since 2005 four
cases that may involve trafficking. In Danli, there is a
case that appears to be trafficking for commercial sexual
exploitation in Guatemala; one female minor died in this
case. The recruiter and transporter have been detained, and
the prosecutor is close to filing charges. There is another
case under investigation in which women and girls were
apparently trafficked from Honduras to El Salvador and
tricked into prostitution. There is one suspect detained in
this case. Finally, a case of possible trafficking of
children from Honduras to Costa Rica is being investigated.
This is a delicate case involving a respected religious
organization. The purpose of the smuggling seems to have
been adoption, and it is not yet clear whether the children
could be considered trafficking victims. In all three cases,
the GOH is cooperating closely with police and prosecutors in
the destination countries.


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-- In 2005, A Honduran man, Marvin Gerard Erazo Caballero,
was arrested and three Honduran girls rescued in Guatemala.
The girls were apparently brought from Honduras to Guatemala,
enrolled in a school, and forced to participate in the making
of child pornography as well as the recruitment of other
girls for the same purpose. The Honduran Special Prosecutor
for Children working closely with her Guatemalan counterpart
on this case.

-- The Special Prosecutor for Children is currently
investigating a possible CSEC involving Honduran girls
sexually exploited, possibly using the Internet, in Honduras
and Guatemala. This led to the arrest in Talanga (outside
Tegucigalpa) of two Honduran sisters, and the rescue of two
Honduran teenage minors in 2005. The girls were beguiled
with false job offers in Guatemala and were forced to work in
prostitution. After being rescued, they were repatriated to
Honduras. There are pending arrest warrants for two men (one
Guatemalan, Walter Herminio Ramirez Arocha, and one Honduran,
Luis Gustavo Franco). The Special Prosecutor for Children,
Nora Urbina, went to Guatemala City in early April 2005 to
work on this case and try to rescue additional Honduran girls
being commercially sexually exploited with the assistance of
Guatemalan authorities. Urbina continues to build a larger
case and is gathering allegations from more victims currently
in Honduras.

-- In January 2005 nineteen Honduran women and girls who
were possibly victims of trafficking were detained in New
Jersey. Six of the nineteen are minors. The women and
girls were allegedly forced to work in a bar to try to get
male patrons to purchase drinks, and were allegedly
encouraged to prostitute themselves, both of these to earn
money to pay off their smuggling fees. Eleven people have
been detained in this case, and three of them have pleaded
guilty of harboring, smuggling and forced labor. Four of
them have been detained in Honduras and charged with
smuggling and money laundering, and two of them are
fugitives. The trial for this case will take place in the
U.S. in the September/October 2006 timeframe. As
investigations continue in the U.S., Honduran police and
prosecutors, working with DHS/ICE, have identified and are
investigating recruiters and smugglers in Honduras.

-- In February of 2006, 18 Honduran minors were deported
from Mexico and are in the process of being sent back to
Honduras. Four of them were reportedly being trafficked for
prostitution, though none of them had actually been
prostituted at the time they were rescued. Some were
offered jobs while others the promise of reuniting with
families in the United States. All 18 were found after
having fled or been abandoned by the "coyotes" in Mexico.

-- In March of 2006, four young Honduran girls were rescued
from a prostitute house in Tapachula, Mexico, after being
taken from their neighborhood in Honduras. The mothers of
the children sought help from the Directorate General of
Criminal Investigation (DGIC). Carlos Ruiz Garcia is being
detained by Mexican police and is accused of trafficking the
girls to his friend's brothel in Tapachula, Mexico.
Neighbors in the San Lorenzo neighborhood say that this is
not the first time that Garcia has taken minors to Mexico.
He is currently under investigation.

- Post is awaiting more updated information on specific
transnational TIP/CSE cases from the Special Prosecutor
Against Organized Crime and the Special Prosecutor for
Children.

-- HAVE THERE BEEN ANY CHANGES IN THE DIRECTION OR EXTENT OF
TRAFFICKING SINCE THE LAST TIP REPORT? Due to the general
lack of comprehensive statistics on TIP issues it is
difficult to assess if there has been a change in the
direction or extent of trafficking. However, qualitatively
speaking, the political will to combat CSE/TIP has
strengthened as can be witnessed by the passage of new
tougher legislation. As detailed above, the GOH is

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investigating and prosecuting several cases, some of which
began prior to 2004 and some of which are new cases.

-- BRIEFLY EXPLAIN THE POLITICAL WILL TO ADDRESS TRAFFICKING
IN PERSONS. The GOH is strongly opposed to trafficking in
persons. Senior officials of the Maduro Administration,
including the Ministers of Foreign Affairs, the Presidency,
Government and Justice, and Public Security, as well as the
Attorney General and the President of the Supreme Court, have
all expressed to USG officials their commitment and
prioritized resources from their strained budgets to prevent
and combat TIP. Post is working to highlight the importance
of TIP with the new Zelaya Administration officials (sworn in
January 27, 2006). This bipartisan political will is best
exemplified by the historic reform of TIP/CSE legislation
that became law in February 2006 (see Question 23-A).
Honduran authorities are striving to combat trafficking with
the extremely limited resources they have. The reform to the
Criminal Code, however, is a significant show of GOH good
faith.

-- WHICH POPULATIONS ARE MOST TARGETED BY TRAFFICKERS? Women
and girls are trafficked more often than men and boys. Casa
Alianza estimates that approximately 90 percent of minors
trafficked from Honduras are girls.

-- WHO ARE THE TRAFFICKERS? Most traffickers are apparently
Honduran, Guatemalan, and/or Mexican citizens, and in some
cases Chinese or Taiwanese, but information is limited. Many
of them are reportedly "coyotes" (alien smugglers).

-- WHAT METHODS ARE USED TO APPROACH VICTIMS? In a majority
of cases, traffickers apparently pose as "coyotes," claiming
that they will facilitate border crossings and help
immigrants get to other countries in Central America, Mexico,
and/or ultimately the U.S. In some cases, the victims are
promised jobs that do not involve exploitation. In reality,
the would-be immigrants become victims as they are forced
into commercial sexual exploitation, drug trafficking, and/or
debt bondage. In a previously mentioned case involving
children trafficked for drug sales, the children claimed that
their traffickers had posed as pastors. While information is
limited, it appears that many victims are subjected to
threats and/or violence. Documents can be withheld from
victims until they pay for passage in a form of debt bondage.

-- WHAT METHODS ARE USED TO MOVE THE VICTIMS? To move
between four countries in Central America (CA-4 - El
Salvador, Guatemala, Honduras, and Nicaragua) children only
need a birth certificate (and, if not traveling with both
parents, a notarized letter from the parent(s)); adults only
need a national identification document (carnet) or a CA-4
certificate (without a photograph) identifying oneself as a
Central American citizen. NGO and government officials
suspect that traffickers falsify these documents and/or
passports, bribe low-level Honduran, Guatemalan, Nicaraguan,
and/or Salvadoran Immigration officials at the border or
airport, or bring victims out of Honduras by avoiding
designated border crossings. Anecdotal accounts state that
some victims may be drugged so as to be more docile during
transit. There are also reports of trafficking of persons
hidden in containers meant to fool border inspectors.
Central American governments are in the process of
streamlining customs and immigration processing, and it is
not yet clear what the full implications will be for illicit
transnational activities such as trafficking in persons.


C. WHAT ARE THE LIMITATIONS OF GOH'S ABILITY TO ADDRESS TIP
IN PRACTICE (POLICE FUNDING, INSTITUTIONAL FUNDING,
CORRUPTION, RESOURCES FOR VICTIM AID)? The Government, in
this as in virtually every law enforcement sector, lacks the
resources necessary to address this problem to a greater
extent. Funding for Immigration, the Frontier Police,
Migration Police, the Public Ministry, and other relevant
institutions is inadequate. Corruption throughout the GOH
and the judicial sector is an ongoing problem that hampers
the GOH's ability to enforce the law in general.

TEGUCIGALP 00000459 009 OF 020




D. TO WHAT EXTENT DOES THE GOVERNMENT SYSTEMATICALLY MONITOR
ITS ANTI-TRAFFICKING EFFORTS (ON ALL FRONTS -- PROSECUTION,
PREVENTION AND VICTIM PROTECTION) AND PERIODICALLY MAKE
AVAILABLE, PUBLICLY OR PRIVATELY AND DIRECTLY OR THROUGH
REGIONAL/INTERNATIONAL ORGANIZATIONS, ITS ASSESSMENTS OF
THESE ANTI-TRAFFICKING EFFORTS? The GOH has a limited
ability to monitor its efforts against trafficking. The
inter-institutional commission on commercial sexual
exploitation reviews the GOH's efforts against CSEC and
trafficking, and is striving to improve the GOH's efficacy in
these areas. The active NGO community including Casa Alianza
that participates in the inter-institutional commission plays
an important role in this monitoring effort.

Question 22.

PREVENTION:


A. DOES THE GOH ACKNOWLEDGE THAT TRAFFICKING IS A PROBLEM IN
HONDURAS? Yes, the GOH acknowledges that trafficking is a
problem in Honduras.


B. WHICH GOVERNMENT AGENCIES ARE INVOLVED IN ANTI-TRAFFICKING
EFFORTS AND WHICH AGENCY, IF ANY, HAS THE LEAD? The Ministry
of Government and Justice, which includes Immigration; the
Ministry of Public Security, which includes the Preventive
Police - including the Division Against Abuse, Traffic and
Child Sexual Exploitation (DATESI),the Criminal
Investigative Police (DGIC),the Directorate of Special
Investigations (DGSEI),including the Frontier Police (part
of the DGSEI and the police force for both Immigration and
Customs) and the Division of Immigration Police that
investigates cases of TIP and alien smuggling; the Ministry
of Foreign Affairs; the National Institute of Women, the
Honduran Institute for Children and the Family (IHNFA); other
executive branch agencies; the Public Ministry (Attorney
General and all prosecutors); the Human Rights Ombudsman's
office; the judicial system; and the Congress.


C. ARE THERE OR HAVE THERE BEEN ANTI-TRAFFICKING INFORMATION
OR EDUCATION CAMPAIGNS? Yes. The GOH, in conjunction with
UNICEF, has implemented a public information campaign against
trafficking and commercial sexual exploitation. UNICEF
received a USD 2.5 million grant from the Government of Italy
to prevent and combat trafficking in persons and commercial
sexual exploitation in Central America. The first part of
the grant, USD 247,000, is for this public information
campaign and is benefiting El Salvador, Guatemala, Honduras,
and Nicaragua. Casa Alianza conducted informational
campaigns in Tela, Santa Rosa de Copan, Entrada Copan, and in
Tegucigalpa. They were also able to obtain some free PSA
media space to launch campaigns, however those instances were
neither systematic nor permanent. Currently Casa Alianza is
focusing on launching informational campaigns via
investigative journalism articles. Past efforts have
included public relations campaigns against illegal
immigration in general, including one sponsored by the USG.
There have also been informational campaigns on women and
children's rights, including one led by the United Nations
Development Program (UNDP).

-- BRIEFLY DESCRIBE THE CAMPAIGN(S),INCLUDING THEIR
OBJECTIVES AND EFFECTIVENESS. The GOH/UNICEF campaign
includes billboards calling for a halt to trafficking in
persons, especially commercial sexual exploitation. Casa
Alianza's information campaigns targeted children, parents,
and the authorities of the respective cities. The objectives
of the informative campaigns included facilitating a public
understanding and awareness of TIP and CSEC as a phenomenon
and a crime, training the authorities on the Judicial,
Executive, and Legislative systems, and lobbying for TIP
legislation reform and the creation of a national plan for
the prevention and eradication of TIP and CSEC. The Casa
Alianza PSA campaigns included several public service
announcements for television on preventing commercial sexual
exploitation and urging people to report to the authorities

TEGUCIGALP 00000459 010 OF 020


any instances of such crimes. The anti-illegal immigration
public relations campaign focused on the risks associated
with attempting to travel from Honduras to the U.S. as an
illegal immigrant and entering the U.S. illegally. The
Embassy via the Narcotics Affairs Section (NAS) and in
conjunction with the Public Affairs Section (PAS) is
supporting approximately 50 NGOs with an annual amount of USD
100,000 to help promote TIP awareness among other projects.

-- DO THESE CAMPAIGNS TARGET POTENTIAL TRAFFICKING VICTIMS
AND/OR THE DEMAND FOR TRAFFICKING? All of these campaigns
are focused on the potential trafficking victims. They
target "clients" of commercial sexual exploitation to a
lesser extent.


D. DOES GOH SUPPORT OTHER PROGRAMS TO PREVENT TRAFFICKING?
(E.G. TO PROMOTE WOMEN'S PARTICIPATION IN ECONOMIC
DECISIONMAKING OR EFFORTS TO KEEP CHILDREN IN SCHOOL.) PLEASE
EXPLAIN. The GOH Inter-Institutional Technical Committee on
Gender supported gender units in five government ministries,
and there is a special working women's division in the
Ministry of Labor to coordinate government assistance
programs that have a gender focus and that are targeted for
women. A number of social and educational programs exist
that are intended to reach children at risk for working
instead of attending school. ILO/IPEC has programs focused
on the eradication of the worst forms of child labor,
including combating the commercial sexual exploitation of
children, child labor in melon and coffee production,
children working as lobster divers, children working in the
garbage dump of Tegucigalpa, and child domestic workers. In
addition, the GOH is participating in a USD 5.5 million DOL-
funded regional project implemented by CARE USA to combat
child labor through education, which includes direct action
in Honduras, from September 2004 - September 2008. The
Ministry of Education has developed an Education for All plan
to increase access to preschool and primary education;
improve the quality of preschool and primary education by
encouraging new teaching methods, improving curriculum, and
reducing drop-out rates, repetition, and desertion rates; and
increase student achievement. In October 2003, the
Government signed a Memorandum of Understanding with
representatives of the World Bank and other international
donors to help the country reach its Education for All goals.
A school grant program run by the Ministry of Education
provides very poor families with money for school supplies.
The Ministry of Education also provides alternative schooling
by radio and long-distance learning for children in distant
rural areas with few schools. Regional committees of "Child
Defense" volunteers try to convince parents to send their
children to school. The National Commission for the Gradual
and Progressive Eradication of Child Labor has been operating
since September 1998 to coordinate all GOH activities to
combat child labor and reincorporate working minors into
educational programs.


E. WHAT IS THE RELATIONSHIP BETWEEN GOVERNMENT OFFICIALS,
NGOS, OTHER RELEVANT ORGANIZATIONS AND OTHER ELEMENTS OF
CIVIL SOCIETY ON THE TRAFFICKING ISSUE? There is a good
working relationship between GOH officials, international
organizations, NGOs, and other elements of civil society on
trafficking. In 2004, under the leadership of the Honduran
delegate to the OAS Women's Commission, Ambassador Soledad de
Ramirez, and 52 GOH entities, international organizations,
and NGOs have participated in an inter-institutional
commission that developed a national plan against the
commercial sexual exploitation of children for 2003-2006.
The GOH works closely with Casa Alianza on CSEC cases. As
previously stated a total of 30 CSEC operations were
conducted in 2005 with the coordinated efforts of the GOH,
IHNFA, Casa Alianza, Preventative and Investigative police,
and the office of the First Lady. The seminars mentioned
above are also examples of productive cooperation between the
GOH and NGOs.


F. DOES IT MONITOR IMMIGRATION AND EMIGRATION PATTERNS FOR
EVIDENCE OF TRAFFICKING? The GOH does limited monitoring of

TEGUCIGALP 00000459 011 OF 020


immigration and emigration patterns, including tallying
numbers of third country nationals deported from Honduras on
a monthly basis, generating some statistics that might be
analyzed to develop potentially useful information in
determining trafficking trends. A Department of State Bureau
of International Narcotics and Law Enforcement (INL) funded
project provided USD 411,000 to Honduran Immigration to
develop a machine-readable passport and associated computer
system that assists the GOH's ability to monitor immigration
and emigration patterns. The machine-readable passport
issuance system is in place in three offices in Honduras, and
high-volume consulates overseas. An associated system of
biometric identification is in place at key land borders with
Guatemala, El Salvador, and Nicaragua at major airports.
Honduran authorities work closely with DHS/ICE on potential
trafficking cases.

-- DO LAW ENFORCEMENT AGENCIES SCREEN FOR POTENTIAL
TRAFFICKING VICTIMS ALONG BORDERS? The Migration Police and
Frontier Police are quick to respond to information they
receive concerning possibly trafficking, including TIP. The
Government tries to monitor its borders but given its limited
resources, maritime borders in the Gulf of Fonseca on the
Pacific coast, and extensive land borders with El Salvador,
Guatemala, and Nicaragua, the GOH only adequately monitors
its borders at designated crossing points. There is no
attempt nor are there resources to monitor the borders
outside of these checkpoints in key border crossing areas.
Immigration only has approximately 300 employees and the
Frontier Police only has approximately 175 employees. GOH's
ability to monitor and analyze emigration trends to determine
evidence of trafficking is limited.


G. IS THERE A MECHANISM FOR COORDINATION AND COMMUNICATION
BETWEEN VARIOUS AGENCIES, INTERNAL, INTERNATIONAL, AND
MULTILATERAL ON TRAFFICKING-RELATED MATTERS, SUCH AS A MULTI-
AGENCY WORKING GROUP OR A TASK FORCE? As previously stated,
several GOH entities, international organizations, and NGOs
have participated in an inter-institutional working group
that developed a national plan against CSEC for 2003-2006.
This has proven to be an important venue for sharing
information and focusing on improving deficiencies in
preventing and combating trafficking. Also, the Public
Ministry and IOM, with the input of various other GOH
entities and civil society groups are currently working on
the last stages of the development of an official protocol
procedure for the repatriation to from other countries in the
region to Honduras of child and adolescent victims of TIP.

The GOH, along with other Central American countries, Mexico,
the U.S., and Canada, is a participant in the Regional
Conference on Migration. While devoted to migration ssues
in general, it addresses trafficking as pat of this scope.
One of its three main objective concerns the protection of
the human rights of migrants. As previously noted, the
Ministry of Foreign Affairs had a representative o the Inter-
American Commission of Women, Ambassdor Soledad de Ramirez.
During her tenure in offce, Ambassador Ramirez used her
position to aggressively work to prevent and combat
trafficking inpersons. From July 28-30, 2004, Honduras
hosteda meeting of the Central American and Caribbean
olicewomen's Association, which had a segment focued on
CSE/TIP. The Special Prosecutor for Children participated in
a recent regional meeting in Csta Rica of Prosecutors for
Children's Issues todiscuss regional anti-CSE/TIPC
cooperation. IHNA recently signed an agreement with the
Inter-Amrican Children's Institute for cooperation and
information exchange on cases of human rights violatins of
children, including CSE/TIPC. The focus wll be on cases
that involve more than one countr. In August 2005, Casa
Alianza organized and coordinated a regional meeting in Copan
between prosecutors, police investigators, and INTERPOL
representatives from Honduras, Guatemala, and Nicaragua,
during which the topic of discussion was establishing
regional coordinated action procedures for investigations,
repression of TIP/CSEC, and rescue of victims.


TEGUCIGALP 00000459 012 OF 020


-- DOES THE GOVERNMENT HAVE A TRAFFICKING IN PERSONS WORKING
GROUP OR SINGLE POINT OF CONTACT? Yes, the previously
mentioned inter-institutional working group that developed a
national plan against CSE for 2002-2006 is essentially
functioning as a task force on this issue. Immigration,
along with the Migration Police and the Frontier Police as
their enforcement arm and the Special Prosecutor Against
Organized Crime as a key partner, are the lead government
agencies on arrests and prosecutions of trafficking. The
Special Prosecutor for Children has been extremely aggressive
in combating CSEC, in conjunction with multiple GOH agencies
and NGOs.

-- DOES THE GOVERNMENT HAVE A PUBLIC CORRUPTION TASK FORCE?
The Superior Court of Accounts (TSC),created in January
2003, consolidated GOH anti-corruption institutions under one
roof and is specifically charged with addressing corruption
cases. The National Anti-Corruption Council collaborates and
supports the TSC, however neither the council nor the TSC has
demonstrated much success in combating corruption. As
previously stated, trafficking cases allegedly involving the
corruption of government employees are prosecuted by the
Special Prosecutor for Human Rights.


H. DOES THE GOVERNMENT HAVE A NATIONAL PLAN OF ACTION TO
ADDRESS TRAFFICKING IN PERSONS? No, but the national plan
against the commercial sexual exploitation of children (CSEC)
for 2003-2006 addresses other TIP issues and thus is an
important first step by the GOH in developing an overall
coordinated plan. Currently, the 2006 goals of the inter-
institutional commission against CSEC include finalizing a
national plan of action against CSEC. Other important goals
include conducting training seminars in CSEC to justice
operatives; information campaigns on CSEC to high-level
governmental employees; and lobbying for the ratification of
international treaties concerning CSEC.

(NOTE: Ref A mislabeled question 22 by skipping E and I; Post
has labeled it E-H instead of the F-J. END NOTE.)

Question 23.

INVESTIGATION AND PROSECUTION OF TRAFFICKERS:


A. DOES THE COUNTRY HAVE A LAW SPECIFICALLY PROHIBITING
TRAFFICKING IN PERSONS - BOTH TRAFFICKING FOR SEXUAL
EXPLOITATION AND TRAFFICKING FOR NON-SEXUAL PURPOSES (E.G.
FORCED LABOR)? IF SO, WHAT IS THE LAW? IF NOT, UNDER WHAT
OTHER LAWS CAN TRAFFICKERS BE PROSECUTED? FOR EXAMPLE, ARE
THERE LAWS AGAINST SLAVERY OR THE EXPLOITATION OF
PROSTITUTION BY MEANS OF COERCION OR FRAUD? ARE THESE OTHER
LAWS BEING USED IN TRAFFICKING CASES? ARE THESE LAWS, TAKEN
TOGETHER, ADEQUATE TO COVER THE FULL SCOPE OF TRAFFICKING IN
PERSONS? The constitution, in Article 59, states that "the
dignity of the human being is inviolable." Article 61 of the
constitution also protects the inviolability of the life of
Honduran citizens and foreign citizens in Honduras. The law
prohibits alien smuggling, trafficking for sexual
exploitation, and the trafficking or sale of children. In
August 2005, Congress passed a reform to Chapter 2 of the
Penal Code that now encompasses almost all forms of
Commercial Sexual Exploitation and Trafficking in Persons
with an increase in penalties and jail time. The legislation
was signed on September 28, 2005, ad published on February
4, 2006 in La Gaceta (th Honduran version of the Federal
Registrar) makin it enforceable. Prior to the passage of
the ne law, there were only various provisions in penal,
child exploitation, and immigration statutes criinalizing
trafficking, and enabling the governmet to prosecute
traffickers. This new law is a waershed in the GOH's
efforts to prevent and proseute TIP.

The new legislation now recognizes pubic/private sexual
exhibition of a minor, trafficing in persons, child
pornography, and sex tourim as crimes under CSE. Article
149 prohibits theTrafficking in Persons and states that TIP
inclues facilitating, promoting, or executing of

TEGUCIGALP 00000459 013 OF 020


recruitment, and detaining, transporting, smuggling,
delivery, or receiving of persons within or outside of the
country with the intent of CSE. Article 149 provides for
sentences of between 6 and 13 years with additional fines
between USD 5,300 and USD 26,000. Those penalties are
subject to increasing by half in the following instances: if
the victims is a minor (under 18),if the offender used
force, intimidation, deceit, or promise of employment; if
offender supplied drugs or alcohol to victim; if the offender
took advantage of his business, occupation, or profession;
and if the offender took advantage of confidence given to him
by the guardians of the victim, or made payments,
concessions, or loans to obtains their consent.

Additional reforms to the Criminal Code include outlawing
psychological and physical involuntary bondage of a minor;
where if that minor is under the age of 15, it provides a
sentence of between 10 and 15 years. If a victim is below
the age of 18 and above the age of 70 and is continuously
sexually abused by an individual or individuals who possess
some authoritative power over the victim, it provides a
sentence of between 15 and 20 years. The act to induce
another person into prostitution with intent to profit from
it provides a sentence of between 5 and 10 years in prison
and additional fine of between USD 5,291 to 26, 455. Any
forms of exhibition of minors in lewd and lascivious acts
also provides for a sentence of between 3 and 6 years of
prison. In addition, knowingly infecting someone via sexual
intercourse of an incurable infectious disease or the
HIV/AIDS virus or aggravated assault involving penetration
will provide for a sentence of between 15 and 20 years.
Sexual acts with a minor shall be sanctioned by a 6 to 12
year imprisonment.


B. WHAT IS THE PENALTY FOR TRAFFICKERS OF PEOPLE FOR SEXUAL
EXPLOITATION? FOR TRAFFICKERS OF PEOPLE FOR LABOR
EXPLOITATION? See answer to previous question.


C. WHAT ARE THE PENALTIES FOR RAPE OR FORCIBLE SEXUAL
ASSAULT? The penalties for rape are 10 to 15 years
imprisonment. The penalties are subject to increasing to 15-
20 years in the following instances: if victim is under the
age of 14; if victim was deprived of reason or will, or for
whatever other reasons, was physically incapable of
resisting; if offender intentionally used any psychologically
altering substances, including alcohol, in order to diminish
or annul the will of the victim, including if victim was
found by offender in such a state; if offender has custody or
is guardian of victim and takes advantage of being such; and
if offender commits crime knowing he/she has HIV/AIDS. Also
subject to a 15-20 year penalty are rape cases in which the
victim was pregnant, becomes pregnant as a result of the
rape, and if the victim is above the age of 70. Also, all
rapes are considered public crimes, so a rapist can be
prosecuted even if the victim does not want to press charges.

-- HOW DO THEY COMPARE TO THE PENALTY FOR TRAFFICKING? They
are not as strong as laws prohibiting alien smuggling,
trafficking for sexual exploitation, and the trafficking or
sale of children.


D. IS PROSTITUTION LEGALIZED OR DECRIMINALIZED?
SPECIFICALLY, ARE THE ACTIVITIES OF THE PROSTITUTE
CRIMINALIZED? ARE THE ACTIVITIES OF THE BROTHEL
OWNER/OPERATOR, CLIENTS, PIMPS, AND ENFORCERS CRIMINALIZED?
IF PROSTITUTION IS LEGAL AND REGULATED, WHAT IS THE LEGAL
MINIMUM AGE FOR THIS ACTIVITY? Prostitution is legal for
adults, but illegal for minors. Article 148 of the Criminal
Code prohibits promoting or facilitating the prostitution of
adults and provides for sentences between five and eight
years and a fine from USD 2,672 to 5,345.


E. HAS THE GOVERNMENT PROSECUTED ANY CASES AGAINST
TRAFFICKERS? Yes (see answer to question 18 B for more
details). The GOH is in the process of investigating and
prosecuting multiple cases against traffickers. There have
also been numerous prosecutions against alien smugglers.

TEGUCIGALP 00000459 014 OF 020



-- IF YES, PROVIDE NUMBERS OF INVESTIGATIONS, PROSECUTIONS,
CONVICTIONS, AND SENTENCES, INCLUDING DETAILS ON PLEA
BARGAINS AND FINES. See 18 B for list of recent
prosecutions.

-- ARE THE TRAFFICKERS SERVING THE TIME SENTENCED? IF NO, WHY
NOT? See 18 B for list of recent prosecutions.

-- PLEASE INDICATE WHETHER THE GOVERNMENT CAN PROVIDE THIS
INFORMATION, AND IF NOT, WHY NOT? Yes, the GOH is able to
provide this information once prosecutions are complete.


F. IS THERE ANY INFORMATION OR REPORTS OF WHO IS BEHIND THE
TRAFFICKING? Most traffickers are suspected to be Honduran,
Guatemalan, or Mexican "coyotes" and, in some cases, they are
Chinese or Taiwanese traffickers.

-- ARE THERE ANY REPORTS OF WHERE PROFITS FROM TRAFFICKING IN
PERSONS ARE BEING CHANNELED? Post is unaware of any reports
regarding this.

-- ARE GOVERNMENT OFFICIALS INVOLVED? There is no evidence
of the involvement of high-ranking Government officials in
trafficking. However, there have been ongoing corruption
problems in Honduran Immigration during 2005-6. As
previously stated, individual low-ranking and mid-level
employees of various Government agencies have been accused of
taking bribes for alien smuggling/TIP.

-- ARE THERE ANY REPORTS OF WHERE PROFITS FROM TRAFFICKING IN
PERSONS ARE BEING CHANNELED? The Special Prosecutor for
Organized Crime reports that funds that have been captured in
the transnational TIP-related cases above have been in the
form of cash, vehicles, houses, and household goods.


G. DOES THE GOVERNMENT ACTIVELY INVESTIGATE CASES OF
TRAFFICKING? Yes, Immigration, with the Frontier Police as
their enforcement arm and the Division of Migration Police
investigators in the DGSEI and DATESI and the Special
Prosecutor Against Organized Crime and the Special Prosecutor
for Children, actively investigate cases of trafficking.

-- DOES THE GOVERNMENT USE ACTIVE INVESTIGATIVE TECHNIQUES IN
TRAFFICKING INVESTIGATIONS? Yes.

-- 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? Electronic surveillance can be
carried out for a determined length of time if authorized by
a judge. Normally the judge grants 15 days, and an
additional 15 days can be requested. The evidence can be
used in court.

-- DOES THE CRIMINAL PROCEDURE CODE OR OTHER LAWS PROHIBIT
THE POLICE FROM ENGAGING IN COVERT OPERATIONS? Honduran law
forbids undercover operations, and evidence gathered through
such operations is not generally admissible in court.
However, according to the Supreme Court president, there are
some limited ways of conducting undercover operations. In
certain cases, with the approval of the prosecutor and the
defense, mitigated punishment and immunity for cooperating
suspects can be used by the GOH. This is a provision under
the relatively new Code of Criminal Procedures.


H. DOES THE GOVERNMENT PROVIDE ANY SPECIALIZED TRAINING FOR
GOVERNMENT OFFICIALS IN HOW TO RECOGNIZE, INVESTIGATE, AND
PROSECUTE INSTANCES OF TRAFFICKING? Yes, with the assistance
of the USG. The Embassy has spent USD 350,000 in 2003-2005
in ESF Police Assistance Funds to support the Frontier Police
to, among other goals, prevent and interdict the
transportation of illegal immigrants, including trafficking
in persons. Since 2002, U.S. Border Patrol has trained
Frontier Police and Migration Police investigators on
combating trafficking in persons, alien smuggling, and the
protection of trafficking victims. Since 2004, NAS has

TEGUCIGALP 00000459 015 OF 020


received USD 1,063,184 to assist the different units of the
Honduran Police. This assistance has been broken down as
follows: Joint Information Coordinated Center (JICC): USD
194,142; Special Vetted Unit: USD 215,000; Combined
Operations: 447,183; Frontier Police: 206,859. Four courses
were carried out in 2004, using the U.S. Border Patrol to
teach investigation courses focusing on trafficking in
persons and alien smuggling. The U.S. Border Patrol was in
Honduras from January - November 2005, giving a continuous
assessment to the Frontier Police. The Embassy is spending
USD 320,000 in 2004-2006 in funds from G/TIP to provide
training, technical assistance, equipment to police
investigators and prosecutors on TIP, as well as public
awareness campaigns on TIP. In addition, G/TIP spent
approximately USD 43,000 in Honduras to fund Department of
Justice Office of Prosecutorial Development and Training
(OPDAT) classes November 16-18, 2004, for Honduran judges on
TIP and TIP-related crimes. In January 2005, IOM using PRM
funding, implemented a well-attended two-day seminar on
trafficking to train mid- and high-level GOH officials on all
aspects of the problem, from issues of definitions and
terminology to case studies, international agreements, and
national legislation. The Deputy Director of the Migration
Police, who attended the IOM training, subsequently used the
seminar materials to train all of her staff on recognizing
and investigating TIP. The GOH has also received training
from the Spanish police in Internet crimes, which should help
the GOH investigate cases of internet-based CSEC, such as
child pornography. Local CSEC commissions have done some
training after CSE/TIPC seminars were held in their
municipalities, including the training of local authorities
and civil society in Tela. The GOH, in collaboration with
several NGOs and other GOH entities, was able to carry out 17
seminars on CSEC to 740 justice operatives.


I. DOES THE GOVERNMENT COOPERATE WITH OTHER GOVERNMENTS IN
THE INVESTIGATION AND PROSECUTION OF TRAFFICKING CASES? Yes.
There has been cooperation between GOH officials and
governments of countries where Honduran citizens are
trafficking victims, including Canada, Guatemala, Mexico, and
the U.S. For example, the Special Prosecutor for Children is
working with her counterpart in Guatemala on locating and
repatriating Honduran children who are victims of CSE/TIP in
Guatemala.


J. DOES THE GOVERNMENT EXTRADITE PERSONS WHO ARE CHARGED WITH
TRAFFICKING IN OTHER COUNTRIES? DOES THE GOVERNMENT EXTRADITE
ITS OWN NATIONALS CHARGED WITH SUCH OFFENSES? The Honduran
constitution prohibits the extradition of Honduran citizens
(Article 102). This is unlikely to be changed in the near
future. Honduras currently has extradition treaties with
most countries in Central America (Costa Rica, El Salvador,
Guatemala, Nicaragua, and Panama),Colombia, Mexico, Italy,
and the U.S. The treaties allow for the extradition of non-
Honduran citizens from Honduras. To the best of Post's
knowledge, the issue of extraditing non-Hondurans charged
with trafficking in other countries has not yet been tested.


K. IS THERE EVIDENCE OF GOVERNMENT INVOLVEMENT IN OR
TOLERANCE OF TRAFFICKING, ON A LOCAL OR INSTITUTIONAL LEVEL?
There is no institutional-level involvement in or tolerance
of trafficking. However, there have been ongoing corruption
problems in Honduran Immigration during 2005-6. There have
also been other cases of low-level and mid-level corruption,
as previously noted.


L. IF GOVERNMENT OFFICIALS ARE INVOLVED IN TRAFFICKING, WHAT
STEPS HAS THE GOVERNMENT TAKEN TO END SUCH PARTICIPATION? As
previously mentioned, there is no institutional-level
involvement in or tolerance of trafficking. However, there
have been ongoing corruption problems in Honduran Immigration
during 2005-6.

-- HAVE ANY GOVERNMENT OFFICIALS BEEN PROSECUTED FOR
INVOLVEMENT IN TRAFFICKING OR TRAFFICKING-RELATED CORRUPTION?
Not to the best of Post's knowledge, but as previously noted
there are ongoing alien smuggling-related investigations of

TEGUCIGALP 00000459 016 OF 020


low-ranking national and municipal officials in Ocotepeque,
Copan, and San Pedro Sula. The Director of Immigration, who
was fired and arrested in May 2005, was charged with crimes
relating to abuse of authority and facilitating the illegal
entry into Honduras, partly for alien smuggling, but not TIP.
His case is still pending.


M. IF THE COUNTRY HAS AN IDENTIFIED CHILD SEX TOURISM PROBLEM
(AS A SOURCE OR DESTINATION),HOW MANY FOREIGN PEDOPHILES HAS
THE GOVERNMENT PROSECUTED OR DEPORTED/EXTRADITED TO THEIR
COUNTRY OF ORIGIN? DOES THE COUNTRY'S CHILD SEXUAL ABUSE
LAWS HAVE EXTRATERRITORIAL COVERAGE (LIKE THE U.S. PROTECT
ACT)? Honduras has some child sex tourism on the North Coast
and in San Pedro Sula, although the extent is unclear. The
March 2002 Casa Alianza report mentioned above found 25 cases
of CSEC in which the victims had sexual relations with
foreigners. These cases were concentrated on the North Coast
and in San Pedro Sula. The 2002 ILO/IPEC study mentioned
above found that 46.5 percent of the CSEC victims in San
Pedro Sula had had relations with foreign tourists. The
CIPRODEH study also mentioned above notes the possible
existence of child sex tourism in the Department of Atlantida
(North Coast). Post has not seen evidence on any organized
promotion of Honduras as a child sex tourism destination.
See 18 B for information on Americans prosecuted for crimes
against children. Post notes that most foreign pedophiles
after initial arrest, or once under investigation, flee the
country before GOH is able to prosecute. Post has not found
information on the prosecution or deportation of non-American
foreign pedophiles. Honduras's child sexual abuse laws do
not have extraterritorial coverage, but sex tourism is
included in the reform to the penal code on CSE/TIP. One
hotel in Tegucigalpa is currently under investigation for
permitting use of the hotel for CSEC. The penalties for
hotel owners found guilty are significant and could be used
also in connection to child sex tourism.


N. HAS THE GOVERNMENT SIGNED AND RATIFIED THE FOLLOWING
INTERNATIONAL INSTRUMENTS?

-- ILO CONVENTION 182 CONCERNING THE PROHIBITION AND
IMMEDIATE ACTION FOR THE ELIMINATION OF THE WORST FORMS OF
CHILD LABOR? Honduras became a party to ILO Convention 182
in June 2001.

-- ILO CONVENTION 29 AND 105 ON FORCED OR COMPULSORY LABOR?
Yes, the GOH is a party to both conventions.

-- OPTIONAL PROTOCOL TO THE CONVENTION ON THE RIGHTS OF THE
CHILD ON THE SALE OF CHILDREN, CHILD PROSTITUTION, AND CHILD
PORNOGRAPHY? Yes.

-- THE PROTOCOL TO PREVENT, SUPPRESS AND PUNISH TRAFFICKING
IN PERSONS, ESPECIALLY WOMEN AND CHILDREN, SUPPLEMENTING THE
UN CONVENTION AGAINST TRANSNATIONAL ORGANIZED CRIME? The GOH
has not signed this protocol. The Charge and PolOff
underlined the importance of the GOH signing and becoming a
party to this protocol in a meeting with the Foreign Minister
on February 18, 2005. The Foreign Minister said he would
look into the issue and update the Embassy on any
developments. PolOff followed-up with the Foreign Ministry
in an October 13, 2005 demarche. The Charge sent a letter to
the Foreign Minister on November 8, 2005 on the same issue.
The Ambassador plans to send a letter to the new Foreign
Minister in March 2006 urging the GOH's to sign and ratify
this protocol.

Question 24.

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. IHNFA runs
three centers for children, one in San Pedro Sula and two in
Tegucigalpa, where it sends repatriated children before they

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are transferred to longer-term care in coordination with the
prosecutors for children. In 2000, the GOH inaugurated two
Centers for the Attention of Returned Migrants in Tegucigalpa
and San Pedro Sula to assist Hondurans deported from other
countries to relocate in the country. The centers'
activities continue with the assistance of international
organizations, including IOM and NGOs, and until recently
received funding from PRM via IOM. The GOH, with the
technical assistance of the IOM, is currently seeking funding
for the centers from DHS/ICE. As mentioned above, IOM and
Immigration opened a migrant transition center in Choluteca
in July 2004 that will be available for trafficking victims,
although its primary purpose will be to house detained third
country nationals awaiting deportation.

Casa Alianza runs three shelters, one of which is for girls
who are victims of commercial sexual exploitation. This
shelter was designed to expand efforts by Casa Alianza, which
previously provided shelter to 160 children. It has a
capacity for 20 girls and currently houses 16, from ages 12
to 17. This shelter provides complete legal, medical, and
psychological assistance. There are NGO programs, such as
the San Juan Bosco Center Project, which supports efforts to
eradicate child labor in the informal sector in the city of
Tela, particularly targeting girls that are victims of CSEC.
Project PRODIM is seeking to help girls involved in
prostitution in the city of Comayaguela, part of Tegucigalpa.
There is also a women's shelter funded by the Irish Catholic
Church assistance organization Trocaire that houses 15
victims of violence who are in need of protection as they
press charges against their abusers. This shelter also has a
non-residential program of assistance to 100 prostitutes,
including training in alternative means of income generation.
On April 22, 2004, Casa Alianza signed an agreement with the
Ministry of Government and Justice and the Directorate of
Immigration to protect CSE/TIP victims outside Honduras, and
the GOH committed to informing Casa Alianza of any
repatriation of minors. In practice, IHNFA, as the GOH
entity responsible for child welfare, has retained the
central role in this agreement.

Two GOH/IOM/Casa Alianza fact-finding trips were focused on
the repatriation of deported minors: one in November 2004 and
one in January 2005, both to border areas in the state of
Ocotepeque. GOH was supposed to build a shelter in Santa Fe,
Ocotepeque with support from the Office of the First Lady,
IOM, and UNICEF. However, instead the GOH formed a strategic
alliance with the Catholic Church in Yunque, Ocotepeque where
there is a well-established shelter. As part of this
alliance, IHNFA and IOM will handle USD 35,157 yearly and use
of the IOM donated vehicle and other equipment in order to
help returned minors, women and handicapped migrants in
Ocotepeque. The location of this shelter is critical since
all Hondurans who are repatriated from Mexico and Guatemala
by land go through the border crossing in Ocotepeque. The
GOH reported in February 2005 that 75,000 illegal Hondurans
were deported from Mexico in 2004, compared to 53,000 in 2003
and 35,000 in 2002.

-- 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? There is limited public
health care in Honduras due to financial limitations. There
is one NGO-run shelter for battered women and children in
Tegucigalpa that can accommodate 20 women and their families.
The Canadian aid agency has funded two similar shelters, one
in Choluteca and one in San Pedro Sula. There are a few
other private centers for battered women that offer legal,
medical, and psychological assistance, but not physical
shelter.


B. DOES THE GOVERNMENT PROVIDE FUNDING OR OTHER FORMS OF
SUPPORT TO FOREIGN OR DOMESTIC NGOS FOR SERVICES TO VICTIMS?
PLEASE EXPLAIN. No. As noted previously, the Government, as
in virtually every sector of victim assistance, lacks the
resources necessary to assist victims of trafficking. It is
not able to fund any NGOs to work in this area. However, the

TEGUCIGALP 00000459 018 OF 020


GOH works closely with NGOs on TIP. Several GOH entities,
international organizations, and NGOs have participated in an
inter-institutional working group that developed a national
plan against CSEC for 2003-2006.


C. IS THERE A SCREENING OR REFERRAL PROCESS IN PLACE, WHEN
APPROPRIATE, TO TRANSFER VICTIMS DETAINED, ARRESTED OR PLACED
IN PROTECTIVE CUSTODY BY LAW ENFORCEMENT AUTHORITIES TO NGOS
THAT PROVIDE SHORT- OR LONG-TERM CARE? As previously stated,
the GOH works closely with several NGOs, including Casa
Alianza and NGOs that focus on domestic violence. For
minors, law enforcement coordinates with IHNFA and the office
of the Special Prosecutor for Children to arrange for care to
be provided in GOH-run centers or by NGOs such as Casa
Alianza. Casa Alianza reports that victims at its CSEC
shelter are referred in five ways: by the organization's
"street educators," which provide assistance to CSEC victims
on the street, by the prosecutors for children, by IHNFA if
its own centers are not adequate, and by their families or by
themselves (they or their families learn about the shelter
through Casa Alianza's community outreach). In the case of
women, victims are referred to the Women's Rights Center and
women's health centers by the GOH.


D. ARE THE RIGHTS OF VICTIMS RESPECTED, OR ARE THEY ALSO
TREATED AS CRIMINALS? ARE VICTIMS DETAINED, JAILED OR
DEPORTED? IF DETAINED OR JAILED, FOR HOW LONG? ARE VICTIMS
FINED? ARE VICTIMS PROSECUTED FOR VIOLATIONS OF OTHER LAWS,
SUCH AS THOSE GOVERNING IMMIGRATION OR PROSTITUTION? Post is
unaware of any cases of victims of trafficking being arrested
in Honduras, although there is the possibility that third
country nationals that are trafficking victims might have
been arrested for Honduran immigration violations. As
previously noted, prostitution by adults is legal in
Honduras.


E. DOES THE GOVERNMENT ENCOURAGE VICTIMS TO ASSIST IN THE
INVESTIGATION AND PROSECUTION OF TRAFFICKING? The GOH
actively seeks information on alien smuggling and trafficking
from victims.

-- MAY VICTIMS FILE CIVIL SUITS OR SEEK LEGAL ACTION AGAINST
THE TRAFFICKERS? Yes.

-- DOES ANYONE IMPEDE THE VICTIMS' ACCESS TO SUCH LEGAL
REDRESS? No, however, because of widespread corruption in
the judiciary, a victim of moderate means would face
formidable legal obstacles against a well-financed accused
trafficker.

-- IF A VICTIM IS A MATERIAL WITNESS IN A COURT CASE AGAINST
THE FORMER EMPLOYER, IS THE VICTIM PERMITTED TO OBTAIN OTHER
EMPLOYMENT OR TO LEAVE THE COUNTRY? There has been some
witness protection and relocation in other court cases.

-- IS THERE A VICTIM RESTITUTION PROGRAM? Victims may seek
compensation for pain and suffering within the penal process
or separately.


F. WHAT KIND OF PROTECTION IS THE GOVERNMENT ABLE TO PROVIDE
FOR VICTIMS AND WITNESSES? DOES IT PROVIDE THESE PROTECTIONS
IN PRACTICE? As previously stated, there has been some
witness protection and relocation in other court cases. In
November 2004 the GOH released a "Provisional Strategy for
the Protection of Witnesses, Experts, Victims, and Others
Involved in the Penal Process." This is currently a
government policy, but the Inter-institutional Commission of
Penal Justice is formulating a draft law that will go to the
Supreme Court for its judicial opinion and then to Congress
for action. This commission includes the Supreme Court,
Public Ministry, Ministry of Public Security, Ministry of
Government and Justice, Congress, and the Public Defender's
Office.

-- WHAT TYPE OF SHELTER OR SERVICES DOES THE GOVERNMENT
PROVIDE? DOES IT PROVIDE SHELTER OR ANY OTHER BENEFITS TO
VICTIMS FOR HOUSING OR OTHER RESOURCES IN ORDER TO AID THE

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VICIMS IN REBUILDING THEIR LIVES? The GOH does not provide
shelter or housing benefits in order to aid victims
rebuilding their lives primarily because it lacks the
resources to do so.

-- WHERE ARE CHILD VICTIMS PLACED? The NGO Casa Alianza has
some shelters that act as temporary foster-care type systems.
Depending on the case, IHNFA may have jurisdiction over
determining the child's relocation.


G. DOES THE GOVERNMENT PROVIDE ANY SPECIALIZED TRAINING FOR
GOVERNMENT OFFICIALS IN HOW TO PROVIDE ASSISTANCE TO
TRAFFICKED VICTIMS, INCLUDING THE SPECIAL NEEDS OF TRAFFICKED
CHILDREN? As previously stated, Frontier Police and
Migration Police investigators continue to be trained by U.S.
Border Patrol on combating trafficking in persons and alien
smuggling, including training on the protection of
trafficking victims. The GOH does not have the resources to
provide this training itself; it relies on international
assistance to implement TIP-specific training.

-- DOES THE GOVERNMENT PROVIDE TRAINING TO ITS EMBASSIES AND
CONSULATES IN FOREIGN COUNTRIES THAT ARE DESTINATION OR
TRANSIT COUNTRIES? Yes. Honduran Consular Officers receive
general training in assistance to Honduran citizens living
abroad prior to being assigned to an embassy or consulate.
The Ministry of Foreign Affairs Consular Affairs' Office has
said that Honduran Consular Officers in countries with large
numbers of trafficking victims (Guatemala and Mexico, as well
as the U.S.) are especially attuned to the problems of
migrants, including those who are victims of trafficking.

-- DOES IT URGE THOSE EMBASSIES AND CONSULATES TO DEVELOP
ONGOING RELATIONSHIPS WITH NGOS THAT SERVE TRAFFICKED
VICTIMS? Yes. Honduran Consular Officers work with Casa
Alianza to help trafficking victims. Due to limited
government funds, GOH officials, including embassy/consular
employees, work with host country governments, international
organizations, and NGO's to help finance the repatriation of
Hondurans trafficking victims in other countries.


H. DOES THE GOVERNMENT PROVIDE ASSISTANCE, SUCH AS MEDICAL
AID, SHELTER, OR FINANCIAL HELP, TO ITS REPATRIATED NATIONALS
WHO ARE VICTIMS OF TRAFFICKING? As previously stated, in
2000, the GOH inaugurated two Centers for the Attention of
Returned Migrants in Tegucigalpa and San Pedro Sula to assist
Hondurans deported from other countries to relocate in the
country. The centers' activities continued during the year,
with the assistance of international organizations, including
IOM and NGOs. As previously noted, in Yunque, Ocotepeque,
the GOH has formed an alliance with the Catholic Church, IOM,
and IHNFA to help returned minors, women with children and
handicapped migrants. Also as noted previously, the
Government, as in virtually every sector, lacks the resources
necessary to address this problem sufficiently.


I. WHICH NGOS, IF ANY, WORK WITH TRAFFICKING VICTIMS? Casa
Alianza works closely with children who are trafficking
victims. Other NGOs that work with trafficking victims
include Save the Children UK, the Women's Rights Center, and
the Center for the Study of Women - Honduras (CEM-H).

-- WHAT TYPE OF SERVICES DO THEY PROVIDE? Casa Alianza
assists in the repatriation of trafficking victims and
provides shelter and assistance for victims of trafficking
and commercial sexual exploitation. Other NGOs provide
information and support services.

-- WHAT SORT OF COOPERATION DO THEY RECEIVE FROM LOCAL
AUTHORITIES? Several NGOs, especially Casa Alianza, work
closely with the GOH on TIP and receive good cooperation.

Question 25: TIP HEROES:

Note: The nominee has been vetted by Post and has no visa
ineligibilities or other derogatory information. End Note.


TEGUCIGALP 00000459 020 OF 020


Post would like to nominate the following individuals as TIP
heroines:

Special Prosecutor for Children Nora Suyapa Urbina Pineda is
a high-profile voice calling for stronger efforts against
TIP, especially CSEC. Urbina worked tirelessly for the
passage of the anti-CSE/TIP legislation and frequently made
public statements about CSEC and other crimes against
children. She has been very aggressive in using her office
to combat CSEC, including raids of centers of possible
underage prostitution.

Ambassador Maria Soledad Funes Donaire de Ramirez Soto was
the GOH delegate to the OAS Inter-American Commission on
Women and the principal driving force behind the recent
successful efforts to reform the penal code to enable
stronger prosecution of commercial sexual exploitation and
other trafficking crimes. She worked to galvanize support
within the GOH for anti-TIP efforts, especially through the
inter-institutional commission on CSEC. She has also been a
strong high-profile voice for raising awareness of these
crimes in Honduras. Although she no longer has an official
GOH position, she bears much of the credit for the new
TIP/CSE legislation.

Question 26.

BEST PRACTICES:

The Inter-institutional Commission on CSEC has grown to
include 52 GOH entities, NGOs, and international
organizations, and has been instrumental in unifying these
disparate organizations around the goal of combating CSE/TIP.
The commission has served as a forum for discussing
legislation related to TIP, the National Plan of Action, and
the anti-CSEC efforts of the members so as to complement and
not duplicate efforts. The Embassy has worked closely with
this commission to bring in U.S. speakers, both from a NGO
and G/TIP, to address regional seminars held on preventing
and combating CSE/TIPC.

Ford