HONDURAS TRAFFICKING IN PERSONS REPORT 2006/2007

UNCLAS SECTION 01 OF 15 TEGUCIGALPA 000432

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 2006/2007

REF: A. 06 STATE 202745 (2007 TIP REPORT INSTRUCTIONS)

B. 05 TEGUCIGALPA 459 (2005/2006 TIP REPORT)


1. (SBU) The following is the 2006/2007 Anti-Trafficking in
Persons (TIP) Report input for Honduras, responding to
questions posed in the checklist. Post point of contact is
Vice Consul Jason McInerney, phone: 011-504-238-5114 x 4152,
IVG phone: 539-4152, fax 011-504-237-1792, and unclassified
email. One FS-4 spent 55 hours in preparation of this
report, one LES spent 20 hours in preparation of this report,
and one FS-3 spent 10 hours in preparation of this report.

Detailed answers to the questions raised in the checklist are
below.

Question 27. OVERVIEW


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

-- PROVIDE, WHERE POSSIBLE, NUMBERS OR ESTIMATES FOR EACH
GROUP; HOW THEY WERE TRAFFICKED, TO WHERE, AND FOR WHAT
PURPOSE. There are no authoritative numbers available. Post
estimates there are significantly more than 100
internationally trafficked victims. The most common form of
international trafficking is Commercial Sexual Exploitation
(CSE) of children.

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

-- DOES IT OCCUR IN TERRITORY OUTSIDE OF THE GOVERNMENT'S
CONTROL (E.G. IN A CIVIL WAR SITUATION)? 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? Though there are no
authoritative numbers available, post estimates that there
are in the range of 10,000 internally and internationally
trafficked victims. The majority are trafficked to large
cities within Honduras while the remainder are trafficked
internationally, primarily to Guatemala and Mexico.

In its National Action Plan against CSE of children, which
was published in June 2006, the GOH cites two specific
statistics. The first is from an investigation, by Save the
Children UK in 1999, which uncovered 2280 cases of child CSE
in the greater Tegucigalpa area alone. The second statistic
cited by the GOH is from NGO Casa Alianza, which bears the
primary burden of caring for abused or abandoned children,
including victims of TIP. Casa Alianza's current estimate is
10,000 TIP victims in the major and moderately sized cities
throughout Honduras. PolOff has discussed these statistics
with police, prosecutors and NGOs, never once receiving
conflicting estimates.

-- WHAT IS (ARE) THE SOURCE(S) OF AVAILABLE INFORMATION ON
TRAFFICKING IN PERSONS OR WHAT PLANS ARE IN PLACE (IF ANY) TO
UNDERTAKE DOCUMENTATION OF TRAFFICKING?

Generally speaking, available sources of information could
include Honduran government officials in the Ministry of
Government and Justice, including Immigration; the Ministry
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

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(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.

It is worth noting the extreme difficulty in extracting
numbers of TIP complaints, cases investigated, prosecuted or
convicted due to the GOH,s decentralized system of
identifying, collecting and handling TIP cases. Starting in
April 2007 the GOH plans to begin a nationwide system to
track all forms of criminal complaints, including TIP. This
database would include the initial complaint and any
subsequent investigation, prosecution or adjudication of the
case.

-- HOW RELIABLE ARE THE NUMBERS AND THESE SOURCES? The
sources are reliable; however, very few of the potential
sources have suggested actual numbers since such statistics
are generally unavailable in Honduras. Nonetheless, post
expects the estimate of 10,000 TIP victims is relatively
accurate for the following reasons: (1) it comes from Casa
Alianza, a long-time and well respected NGO most involved in
aiding TIP victims; (2) it is a logical extrapolation from
the 2280 victims found in Tegucigalpa alone, and (3) no one
in the GOH, IO or NGO community we spoke to disagreed with
the estimate.

-- ARE CERTAIN GROUPS OF PERSONS MORE AT RISK OF BEING
TRAFFICKED (E.G. WOMEN AND CHILDREN, BOYS VERSUS GIRLS,
CERTAIN ETHNIC GROUPS, REFUGEES, ETC.)? Girls and women are
trafficked more often than boys or men. According to a 2003
Casa Alianza study of victims inside Honduras, 98% of victims
are girls and 2% are boys. As of PolOff meeting with Casa
Alianza in January 2007 this estimate has become 96% girls
and 4% boys. Internationally, most victims start as economic
migrants, heading through Guatemala and Mexico before
attempting illegal entry to the US. Along the way some of
these migrants can be sold or forced into CSE. Casa Alianza
reports a case of a Honduran mother selling her minor
daughter in Mexico for $50 to finance her onward journey
toward the US. Due to its illegal nature accurate estimates
of the magnitude or gender balance of this population flow is
difficult; however, the existing data suggest boys make up
the majority of underage illegal immigrants. Whether greater
representation translates to greater risk of CSE is unknown.
The Honduran Center for Returned Migrants stated there were
187 minors repatriated to Honduras from January to May 2005,
of whom 165 were boys and 22 were girls.



B. PLEASE PROVIDE A GENERAL OVERVIEW OF THE TRAFFICKING
SITUATION IN THE COUNTRY AND ANY CHANGES SINCE THE LAST TIP
REPORT (E.G. CHANGES IN DIRECTION).

Overview
--------------

Honduras is a source and transit country for women and
children trafficked for the purpose of sexual exploitation.
Many victims are Honduran children trafficked from rural
areas to urban and tourist centers such as Tegucigalpa, San
Pedro Sula, the North Caribbean coast and the Bay Islands.
Honduran women and children are predominantly trafficked to
Guatemala, Mexico and the United States. Most foreign
victims trafficked into Honduras for commercial sexual
exploitation come from neighboring countries.

Domestically, Casa Alianza estimates the number of TIP/CSE
victims will increase in the future. Roatan (the most
popular of the Bay Islands) is a destination for CSE of
children, and they believe the problem is worsening. Cruise
ships are bringing an increasing number of tourists,
including customers for underage prostitution. Traditionally
from the United States, these tourists now also come from

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Canada, Europe and Costa Rica. Internet sites specifically
lure CSE customers from developed countries to Honduras. As
stated in the Honduran National Action Plan against TIP, 50%
of the population are minors, 65.8% live in poverty by
Honduran standards, and 47.1% live in extreme poverty.
Recent data from the GOH Household Survey suggests the
poverty rate has dropped to 61% overall, as the economy
continues a strong growth trend and remittances from abroad
expand dramatically.

Internationally, most Honduran victims start as economic
migrants heading through Guatemala and Mexico before
attempting illegal entry to the United States. Along the way
some of these migrants can be sold or forced into commercial
sexual exploitation. The quantity of illegal migrants from
Honduras to the United States is immense. Casa Alianza
estimates between 80,000 and 100,000 Hondurans successfully
migrate illegally to the US annually. More attempt the
journey; Mexico alone deports 15,000 Honduran children each
year.

Honduras is also a transit country for economic migrants
heading from third countries to the United States. According
to the Director of Honduran Immigration, 302 Cubans entered
Honduras on their way to the US in the first six months of
2006 alone. It should be noted that Cubans are far more
likely to identify themselves to Honduran authorities since
their nationality allows them to request asylum once in the
US. There were dozens of Chinese heading to the US who came
to the attention of Honduran Immigration over the last 18
months; presumably there are many more who escape GOH
attention.

A new law that came into effect on 4 Feb 2006, sets increased
penalties and specifically makes trafficking a crime.
Penalties involve longer imprisonment in six areas: incest,
lechery, abuse, prostitution, pornography and knowingly
infecting someone with AIDS. As of February 2007, no cases
have been prosecuted under this new law. The number of cases
investigated and brought to trial under traditional laws has
decreased slightly from 2005 to 2006.

Lastly, as mentioned in the Honduran National Action Plan
against TIP, portions of Honduran society do not feel that
CSE of children is a crime, especially when the victim is
over age 12. The Special Prosecutor for Children explained
to PolOff that she routinely meets with the media and uses
the new TIP law to highlight the fact that CSEC is illegal,
carries hefty jail sentences, and that therefore CSEC is
wrong and should not be tolerated.

-- ALSO BRIEFLY EXPLAIN THE POLITICAL WILL TO ADDRESS
TRAFFICKING IN PERSONS. The GOH is strongly opposed to
trafficking in persons, and the Feb 2006 law is a clear
signal that the GOH is paying attention to TIP. In 2005
there were 37 formal investigations of TIP with 17
prosecutions and 10 convictions. In 2006 those numbers
declined somewhat, to 24 investigations, 17 prosecutions and
8 convictions. While not having an independent budget, the
number of prosecutors assigned to children,s issues (and
therefore most likely to deal with TIP cases) is large
compared to the number of prosecutors for other crimes, and
the children,s issues prosecutors enjoy a relatively greater
level of support from their parent Public Ministry.
Specifically, there are 13 prosecutors in Tegucigalpa, five
in San Pedro Sula and two in La Ceiba, along with eight
special child abuse investigators in Tegucigalpa, four of
whom focus on CSEC. On the financial front, the Public
Ministry has not received budget increases beyond a nominal
amount for inflation over the past several years. Police are
plagued by lack of manpower and equipment, often including
vehicles, fuel and cameras, for even basic investigative
work. The GOH does not run any shelters for TIP victims,
instead allowing this burden to be shouldered by various NGOs
and IOs.

Honduras has created an Inter-Institutional Committee to

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address TIP concerns. Made up of representatives from the
prosecutors, police and NGOs, this committee has created
National Action Plan against CSE of children. The plan was
published in June 2006. In Post,s opinion the plan is well
written and well thought out, mentioning a variety of factors
that enable TIP/CSE to persist in Honduras, including both
easily measured factors such as poverty, domestic violence
and single-parent homes, but also cultural factors such as a
male-dominated society and a tolerance of CSE among certain
segments of society. Unfortunately, to date the GOH has not
funded any of the requests from the National Action Plan.

-- OTHER ITEMS TO ADDRESS MAY INCLUDE: WHAT KIND OF
CONDITIONS ARE THE VICTIMS TRAFFICKED INTO? WHICH
POPULATIONS ARE TARGETED BY THE TRAFFICKERS? WHO ARE THE
TRAFFICKERS? WHAT METHODS ARE USED TO APPROACH VICTIMS? (ARE
THEY OFFERED LUCRATIVE JOBS, SOLD BY THEIR FAMILIES,
APPROACHED BY FRIENDS OF FRIENDS, ETC.?) WHAT METHODS ARE
USED TO MOVE THE VICTIMS (E.G., ARE FALSE DOCUMENTS BEING
USED?) Victims are typically trafficked from rural areas,
which are generally poorer, to medium and large cities.
According to the Honduras, 2006 National Action Plan against
child CSE, some factors that make victims vulnerable include
extreme poverty, domestic violence, drug addiction, dropping
out from school, and negligence on the part of families.
There are reports of victims, usually girls, being sold by
their families. While false documents could be easily
obtained, the need for them is low. International
trafficking is done by land, and land borders are only
controlled at specific crossings. An off-duty Honduran
border patrol agent remarked to PolOff that people had only
to walk 100 yards on either side of a border crossing to
enter illegally. Gangs, organized crime and human smugglers,
or &coyotes8 are all reported to be involved in CSE of
children.


C. WHAT ARE THE LIMITATIONS ON THE GOVERNMENT'S ABILITY TO
ADDRESS THIS PROBLEM IN PRACTICE? FOR EXAMPLE, IS FUNDING
FOR POLICE OR OTHER INSTITUTIONS INADEQUATE? IS OVERALL
CORRUPTION A PROBLEM? DOES THE GOVERNMENT LACK THE RESOURCES
TO AID VICTIMS? There are three significant limitations on
the government,s ability to address TIP: lack of resources;
corruption; and the routine dismissal of government employees
of all ranks each time the ruling party changes. These
routine dismissals of government employees rob the GOH of
institutional knowledge and technical ability, and require
the GOH to start from scratch each time the ruling party
changes. These same limitations apply to virtually every law
enforcement sector.

Two other items are worthy of note. First, while Honduras is
a developing country and the GOH has significant budget
constraints, there is an opportunity for improvement. The
former administration reduced the national debt through
payments and debt forgiveness so the GOH now has more
disposable income than in previous years. This has allowed
for the police budget to be increased by 20% - a significant
increase though still insufficient to establish rule of law
in many facets of life in Honduras. Whether the GOH will use
its additional funds wisely, or on politically motivated
priorities, remains to be seen.

Second, the GOH has traditionally underfunded police
investigators, who are regarded as the most crucial element
in the fight against TIP. The reasons for this were
explained to PolOff by the Advisor to the National Police
Minister. Up until 1994 the military was in charge of law
enforcement. When the civilian police forces were initiated,
they were all patrol officers, with no investigators. Only
in 1998 was the DGIC ) the police investigation unit )
started. Initially the DGIC drew white collar civilians, and
they brought with them a culture of working from 8-4 Monday
through Friday. This resulted in the DGIC suffering a lack
of credibility, since it did not have the appropriate
personnel to track down criminals on the street. This lack
of credibility translated quickly into a lack of budget
support from the GOH that continues to this day. Only

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recently has the DGIC begun to attract career police into its
ranks. In 2006 the overall police budget was increased by
20%, with a corresponding manpower increase of 20%. DGIC has
added 165 personnel in 2006, which represents approximately a
10% increase. Most of these are technically on loan from
other police sections, as DGIC itself did not receive a
budget increase.


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? In 2007 the GOH plans to
unveil a new database that will track all kinds of crimes,
including TIP/CSE, from the original complaint through final
adjudication. Currently, the GOH has a limited ability to
monitor its efforts against trafficking. The
Inter-Institutional Committee is striving to improve the GOH
efforts against CSE/TIP. The NGO Casa Alianza plays an
important role in monitoring GOH efforts.



28. PREVENTION:


A. DOES THE GOVERNMENT ACKNOWLEDGE THAT TRAFFICKING IS A
PROBLEM IN THE COUNTRY? IF NOT, WHY NOT? 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? In terms of
providing the statistics for investigations, prosecutions and
convictions, the Prosecutor for Children has the lead. Each
of the following GOH institutions are involved: 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, GOVERNMENT-RUN ANTI-
TRAFFICKING INFORMATION OR EDUCATION CAMPAIGNS? Yes. In
terms of public outreach campaigns, the police conducted 10
training sessions that reached 12,324 members of civil
society in 2006. In prior years the UN, UNICEF, Save the
Children and Casa Alianza have conducted public outreach
campaigns in conjunction with the GOH. Past efforts have
also included public relations campaigns against illegal
immigration in general, including one sponsored by the USG.
There have been informational campaigns on women and
children's rights, including one led by the United Nations
Development Program (UNDP).

Another side of the education programs should be noted -
training of the police themselves. Civilian police forces
are relatively new in Honduras, since the military performed
law enforcement functions until 1994. Each year the police
train significant numbers of personnel on TIP and many other
areas. The tally for 2006 included 27 training sessions
which reached 3,433 police. Additionally, two specialists
received training in Costa Rica and one in Guatemala.

-- IF SO,BRIEFLY DESCRIBE THE CAMPAIGN(S),INCLUDING THEIR
OBJECTIVES AND EFFECTIVENESS. DO THESE CAMPAIGNS TARGET
POTENTIAL TRAFFICKING VICTIMS AND/OR THE DEMAND FOR
TRAFFICKING (E.G. "CLIENTS" OF PROSTITUTES OR BENEFICIARIES
OF FORCED LABOR)? Past campaigns by the UN, UNICEF, Save the
Children and Casa Alianza have done all of the above, though

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usually focusing on the potential victims. However there
were no campaigns in 2006. The effectiveness of such
campaigns is hard to judge.


D. DOES THE GOVERNMENT SUPPORT OTHER PROGRAMS TO PREVENT
TRAFFICKING? (E.G., TO PROMOTE WOMEN'S PARTICIPATION IN
ECONOMIC DECISION-MAKING OR EFFORTS TO KEEP CHILDREN IN
SCHOOL.) PLEASE EXPLAIN. The GOH is making efforts but face
deep difficulties. Honduras remains a conservative
male-dominated society where over 50% of the population are
minors and the average education level is fifth grade. 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. There is an Inter-Institutional Committee
focusing on TIP and made up of police, prosecutors and NGOs
which created the National Action Plan vs TIP. The GOH works
closely with Casa Alianza on CSEC cases.


F. DOES THE GOVERNMENT MONITOR IMMIGRATION AND EMIGRATION
PATTERNS FOR EVIDENCE OF TRAFFICKING? DO LAW ENFORCEMENT
AGENCIES SCREEN FOR POTENTIAL TRAFFICKING VICTIMS ALONG
BORDERS? The GOH does limited monitoring of 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

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trafficking cases.

In 2006 the GOH instituted a new requirement that minors must
travel with passports. This law is clearly a positive step.
However, as previously noted, most CSEC victims and other
migrants leaving Honduras will do so via means that do not
require documentation.


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? DOES THE
GOVERNMENT HAVE A TRAFFICKING IN PERSONS WORKING GROUP OR
SINGLE POINT OF CONTACT? DOES THE GOVERNMENT HAVE A PUBLIC
CORRUPTION TASK FORCE? There is an Inter-Institutional
Committee focusing on TIP and made up of police, prosecutors
and NGOs. This committee created the National Action Plan vs
CSE. However, the GOH is not acting upon this plan. There
is no single point of contact for TIP ) in fact, attempting
to find statistics regarding TIP cases investigated,
prosecuted and adjudicated is extremely difficult. By way of
illustration, the police are unable to provide numbers of TIP
or CSE cases investigated or even the number of complaints
received. In practice the most reliable POC is Ms. Nora
Urbina, the Special Prosecutor for Children, who is able to
provide nationwide data.

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? IF SO, WHICH AGENCIES WERE
INVOLVED IN DEVELOPING IT? WERE NGOS CONSULTED IN THE
PROCESS? WHAT STEPS HAS THE GOVERNMENT TAKEN TO DISSEMINATE
THE ACTION PLAN? No. However there is a National Action
Plan against CSE, which accounts for the vast majority of TIP
cases. The plan was created by police, prosecutors and NGOs.
Unfortunately dissemination of the action plan is a moot
point ) to date the GOH has not funded the plan.


29. INVESTIGATION AND PROSECUTION OF TRAFFICKERS:

For questions A-D, posts should highlight in particular
whether or not the country has enacted any new legislation
since the last TIP report.


A. DOES THE COUNTRY HAVE A LAW SPECIFICALLY PROHIBITING
TRAFFICKING IN PERSONS--BOTH FOR SEXUAL AND NON-SEXUAL
PURPOSES (E.G. FORCED LABOR)? IF SO, PLEASE SPECIFICALLY
CITE THE NAME OF THE LAW AND ITS DATE OF ENACTMENT. DOES THE
LAW(S) COVER BOTH INTERNAL AND EXTERNAL (TRANSNATIONAL) FORMS
OF TRAFFICKING? 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 FORCE, FRAUD
OR COERCION? ARE THESE OTHER LAWS BEING USED IN TRAFFICKING
CASES? ARE THESE LAWS, TAKEN TOGETHER, ADEQUATE TO COVER THE
FULL SCOPE OF TRAFFICKING IN PERSONS? PLEASE PROVIDE A FULL
INVENTORY OF TRAFFICKING LAWS, INCLUDING NON-CRIMINAL
STATUTES THAT ALLOW FOR CIVIL PENALTIES AGAINST ALLEGED
TRAFFICKING CRIMES, (E.G., CIVIL FORFEITURE LAWS AND LAWS
AGAINST ILLEGAL DEBT. 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, and
went into force on February 4, 2006. This new law is a
watershed in the GOH's efforts to prevent and prosecute TIP.
Unfortunately, although the law has been in force for over a
year, no cases have been tried under it.


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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 Trafficking in Persons and states that TIP includes
facilitating, promoting, or executing of 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. 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
fines 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 ARE THE PENALTIES FOR TRAFFICKING PEOPLE FOR SEXUAL
EXPLOITATION? See answer to previous question.


C. PUNISHMENT OF LABOR TRAFFICKING OFFENSES: WHAT ARE THE
PRESCRIBED AND IMPOSED PENALTIES FOR TRAFFICKING FOR LABOR
EXPLOITATION, SUCH AS FORCED OR BONDED LABOR AND INVOLUNTARY
SERVITUDE? DO THE GOVERNMENT'S LAWS PROVIDE FOR CRIMINAL
PUNISHMENT -- I.E. JAIL TIME -- FOR LABOR RECRUITERS IN LABOR
SOURCE COUNTRIES WHO ENGAGE IN RECRUITMENT OF LABORERS USING
KNOWINGLY FRAUDULENT OR DECEPTIVE OFFERS THAT RESULT IN
WORKERS BEING EXPLOITED IN THE DESTINATION COUNTRY? FOR
EMPLOYERS OR LABOR AGENTS IN LABOR DESTINATION COUNTRIES WHO
CONFISCATE WORKERS' PASSPORTS OR TRAVEL DOCUMENTS, SWITCH
CONTRACTS WITHOUT THE WORKER'S CONSENT AS A MEANS TO KEEP THE
WORKER IN A STATE OF SERVICE, OR WITHHOLD PAYMENT OF SALARIES
AS MEANS OFKEEPING THE WORKER IN A STATE OF SERVICE? IF
LAW(S) PRESCRIBE CRIMINAL PUNISHMENTS FOR THESE OFFENSES,
WHAT ARE THE ACTUAL PUNISHMENTS IMPOSED ON PERSONS CONVICTED
OF THESE OFFENSES? There are no specific penalties for labor
exploitation; however, some of the offenses listed above may
be covered under other laws. For example, recruiters of
victims for CSE can be sentenced to between eight and 13
years of incarceration.


D. WHAT ARE THE PRESCRIBED PENALTIES FOR RAPE OR FORCIBLE
SEXUAL ASSAULT? HOW DO THEY COMPARE TO THE PRESCRIBED AND
IMPOSED PENALTIES FOR CRIMES OF TRAFFICKING FOR COMMERCIAL
SEXUAL EXPLOITATION? 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

TEGUCIGALP 00000432 009 OF 015


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.


E. 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? ARE THESE LAWS ENFORCED? IF
PROSTITUTION IS LEGAL AND REGULATED, WHAT IS THE LEGAL
MINIMUM AGE FOR THIS ACTIVITY? NOTE THAT IN MANY COUNTRIES
WITH FEDERALIST SYSTEMS, PROSTITUTION LAWS MAY BE COVERED BY
STATE, LOCAL, AND PROVINCIAL AUTHORITIES. 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.


F. HAS THE GOVERNMENT PROSECUTED ANY CASES AGAINST
TRAFFICKERS? IF SO, PROVIDE NUMBERS OF INVESTIGATIONS,
PROSECUTIONS, CONVICTIONS, AND SENTENCES, INCLUDING DETAILS
ON PLEA BARGAINS AND FINES, IF RELEVANT AND AVAILABLE. DOES
THE GOVERNMENT IN A LABOR SOURCE COUNTRY CRIMINALLY PROSECUTE
LABOR RECRUITERS WHO RECRUIT LABORERS USING KNOWINGLY
FRAUDULENT OR DECEPTIVE OFFERS OR IMPOSE ON RECRUITED
LABORERS INAPPROPRIATELY HIGH OR ILLEGAL FEES OR COMMISSIONS
THAT CREATE A DEBT BONDAGE CONDITION FOR THE LABORER? DOES
THE GOVERNMENT IN A LABOR DESTINATION COUNTRY CRIMINALLY
PROSECUTE EMPLOYERS OR LABOR AGENTS WHO CONFISCATE WORKERS'
PASSPORTS/TRAVEL DOCUMENTS, SWITCH CONTRACTS OR TERMS OF
EMPLOYMENT WITHOUT THE WORKER'S CONSENT, USE PHYSICAL OR
SEXUAL ABUSE OR THE THREAT OF SUCH ABUSE TO KEEP WORKERS IN A
STATE OF SERVICE, OR WITHHOLD PAYMENT OF SALARIES AS A MEANS
TO KEEP WORKERS IN A STATE OF SERVICE? ARE THE TRAFFICKERS
SERVING THE TIME SENTENCED: IF NOT, WHY NOT? PLEASE INDICATE
WHETHER THE GOVERNMENT CAN PROVIDE THIS INFORMATION, AND IF
NOT, WHY NOT? (NOTE: COMPLETE ANSWERS TO THIS SECTION ARE
ESSENTIAL. END NOTE)

In 2005 there were 37 formal investigations of TIP cases with
17 prosecutions and 10 convictions. In 2006 those numbers
declined somewhat, to 24 investigations, 17 prosecutions and
8 convictions. The GOH has great difficulty in providing
information on TIP / CSE cases. As previously mentioned our
only source of information on investigations, prosecutions
and convictions is the Special Prosecutor for Children.

It is worth mentioning that criminals found guilty will serve
their jail time unless they escape or bribe their way out.
However, Honduran law mandates that suspects over age 60 be
placed under house arrest while awaiting trial. Since a
significant percentage of CSE customers are older men, the
house arrest phenomenon allows a distressingly high
percentage of suspects to disappear and never face trial. By
way of illustration, there are eight active cases of AmCits
arrested for CSE of children. Of the eight, only two are in
jail or awaiting trial. Four more were under house arrest;
of those two have already escaped, from their homes. Two
additional AmCits escaped or bribed their way out of jail.


G. IS THERE ANY INFORMATION OR REPORTS OF WHO IS BEHIND THE
TRAFFICKING? FOR EXAMPLE, ARE THE TRAFFICKERS FREELANCE
OPERATORS, SMALL CRIME GROUPS, AND/OR LARGE INTERNATIONAL
ORGANIZED CRIME SYNDICATES? ARE EMPLOYMENT, TRAVEL, AND
TOURISM AGENCIES OR MARRIAGE BROKERS FRONTING FOR TRAFFICKERS
OR CRIME GROUPS TO TRAFFIC INDIVIDUALS? ARE GOVERNMENT
OFFICIALS INVOLVED? ARE THERE ANY REPORTS OF WHERE PROFITS
FROM TRAFFICKING IN PERSONS ARE BEING CHANNELED? (E.G. ARMED
GROUPS, TERRORIST ORGANIZATIONS, JUDGES, BANKS, ETC.) Most
traffickers are suspected to be Honduran, Guatemalan, or
Mexican "coyotes" and, in some cases, they are Chinese or
Taiwanese traffickers. Gangs are involved in human
smuggling, of both gang members and paying customers, to the
United States. Some coyotes and gang members are reported to
work together; there are also reports of gangs and coyotes
being in violent competition. There is no evidence of the

TEGUCIGALP 00000432 010 OF 015


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.


H. DOES THE GOVERNMENT ACTIVELY INVESTIGATE CASES OF
TRAFFICKING? (AGAIN, THE FOCUS SHOULD BE ON TRAFFICKING
CASES VERSUS MIGRANT SMUGGLING CASES.) DOES THE GOVERNMENT
USE ACTIVE INVESTIGATIVE TECHNIQUES IN TRAFFICKING IN PERSONS
INVESTIGATIONS? TO THE EXTENT POSSIBLE UNDER DOMESTIC LAW,
ARE TECHNIQUES SUCH AS ELECTRONIC SURVEILLANCE, UNDERCOVER
OPERATIONS, AND MITIGATED PUNISHMENT OR IMMUNITY FOR
COOPERATING SUSPECTS USED BY THE GOVERNMENT? DOES THE
CRIMINAL PROCEDURE CODE OR OTHER LAWS PROHIBIT THE POLICE
FROM ENGAGING IN COVERT OPERATIONS?

Both Honduran police officials and Honduran prosecutors state
the most significant impediment to stopping TIP is the lack
of funds and equipment for police investigators.
Specifically cited are lack of manpower, lack of vehicles,
lack of fuel for the vehicles and lack of cameras. Police
routinely pay for bullets from personal funds. The following
points regarding electronic surveillance should be read with
that background in mind.

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. 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.


I. DOES THE GOVERNMENT PROVIDE ANY SPECIALIZED TRAINING FOR
GOVERNMENT OFFICIALS IN HOW TO RECOGNIZE, INVESTIGATE, AND
PROSECUTE INSTANCES OF TRAFFICKING? As previously stated the
police train significant numbers of personnel on TIP and many
other law enforcement areas. The tally for 2006 included 27
training sessions which reached 3,433 police. Prior years
have seen a plethora of USG funded programs aimed at illegal
immigration and anti-narcotics but that also included a TIP
component. NAS funding has declined significantly in 2006.


J. DOES THE GOVERNMENT COOPERATE WITH OTHER GOVERNMENTS IN
THE INVESTIGATION AND PROSECUTION OF TRAFFICKING CASES? IF
POSSIBLE, CAN POST PROVIDE THE NUMBER OF COOPERATIVE
INTERNATIONAL INVESTIGATIONS ON TRAFFICKING? 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 has been working
with her counterpart in Guatemala on locating and
repatriating Honduran children who are victims of CSE/TIP in
Guatemala. To date 51 Honduran children have been rescued
from CSEC in Guatemala, and one child each from Belize and
Nicaragua.


K. DOES THE GOVERNMENT EXTRADITE PERSONS WHO ARE CHARGED WITH
TRAFFICKING IN OTHER COUNTRIES? IF SO, CAN POST PROVIDE THE
NUMBER OF TRAFFICKERS EXTRADITED? DOES THE GOVERNMENT
EXTRADITE ITS OWN NATIONALS CHARGED WITH SUCH OFFENSES? IF
NOT, IS THE GOVERNMENT PROHIBITED BY LAW FORM EXTRADITING ITS
OWN NATIONALS? IF SO, IS THE GOVERNMENT DOING TO MODIFY ITS
LAWS TO PERMIT THE EXTRADITION OF ITS OWN NATIONALS? The
Honduran constitution prohibits the extradition of Honduran
citizens (Article 102). This is unlikely to change.
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

TEGUCIGALP 00000432 011 OF 015


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.


L. IS THERE EVIDENCE OF GOVERNMENT INVOLVEMENT IN OR
TOLERANCE OF TRAFFICKING, ON A LOCAL OR INSTITUTIONAL LEVEL?
IF SO, PLEASE EXPLAIN IN DETAIL. 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. Furthermore, as noted in Post,s
response to 29F, the practice of allowing suspects over the
age of 60 to await trial under house arrest effectively
allows a substantial percentage of CSE suspects to avoid
trial.


M. IF GOVERNMENT OFFICIALS ARE INVOLVED IN TRAFFICKING, WHAT
STEPS HAS THE GOVERNMENT TAKEN TO END SUCH PARTICIPATION?
HAVE ANY GOVERNMENT OFFICIALS BEEN PROSECUTED FOR INVOLVEMENT
IN TRAFFICKING OR TRAFFICKING- RELATED CORRUPTION? HAVE ANY
BEEN CONVICTED? WHAT SENTENCE(S) WAS IMPOSED? PLEASE
PROVIDE SPECIFIC NUMBERS, IF AVAILABLE. 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.
There are ongoing alien smuggling-related investigations of
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 illegal entry
into Honduras, partly for alien smuggling, but not TIP. After
almost two years, his case is still pending. In all
probability it will never go to trial.


N. IF THE COUNTRY HAS AN IDENTIFIED CHILD SEX TOURISM PROBLEM
(AS SOURCE OR DESTINATION),HOW MANY FOREIGN PEDOPHILES HAS
THE GOVERNMENT PROSECUTED OR DEPORTED/EXTRADITED TO THEIR
COUNTRY OF ORIGIN? WHAT ARE THE COUNTRIES OF ORIGIN FOR SEX
TOURISTS? DO THE COUNTRY'S CHILD SEXUAL ABUSE LAWS HAVE
EXTRATERRITORIAL COVERAGE (SIMILAR TO THE U.S. PROTECT ACT)?
IF SO, HOW MANY OF THE COUNTRY'S NATIONALS HAVE BEEN
PROSECUTED AND/OR CONVICTED
UNDER THE EXTRATERRITORIAL PROVISION(S)? Honduras is a
destination for foreign child sex tourists. The extent is
unclear, though Casa Alianza states the problem is growing
worse and no data seem to suggest otherwise (please see
Post,s response to 27B). Child sex tourism is centered in
major cities and the North Coast. A 2002 ILO/IPEC study
found that 46.5 percent of the CSEC victims in San Pedro Sula
had had relations with foreign tourists. 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. Of the
eight AmCits currently under investigation for CSE, only two
are actually in jail. The rest have escaped, bribed their
way out of jail, or are under house arrest. 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.

O. HAS THE GOVERNMENT SIGNED, RATIFIED, AND/OR TAKEN STEPS TO
IMPLEMENT THE FOLLOWING INTERNATIONAL INSTRUMENTS? PLEASE
PROVIDE THE DATE OF SIGNATURE/RATIFICATION IF APPROPRIATE.

--ILO CONVENTION 182 CONCERNING THE PROHIBITION AND IMMEDIATE
ACTION FOR THE ELIMINATION OF THE WORST FORMS OF CHILD LABOR.
Yes. --ILO CONVENTION 29 AND 105 ON FORCED OR COMPULSORY
LABOR. Yes. --THE OPTIONAL PROTOCOL TO THE CONVENTION ON THE
RIGHTS OF THE CHILD (CRC) 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. No.
Despite significant pressure from Post in 2005 and 2006, the
GOH has not accomplished even the first step of signing the
protocol, namely, the president,s authorization. At this

TEGUCIGALP 00000432 012 OF 015


point the GOH does not appear to have the political will to
turn this into law.


30. 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 SO, PLEASE EXPLAIN. DOES THE
COUNTRY HAVE VICTIM CARE AND VICTIM HEALTH CARE FACILITIES?
DOES THE COUNTRY HAVE FACILITIES DEDICATED TO HELPING VICTIMS
OF TRAFFICKING? IF SO, CAN POST PROVIDE THE NUMBER OF
VICTIMS PLACED IN THESE CARE FACILITIES? The NGO Casa
Alianza has the lead in providing tangible services
specifically to CSE victims. Approximately 30 other
organizations, including the GOH, are involved in related
matters, such as general assistance to women, children and
returned migrants. Unfortunately such assistance only serves
a small percentage of victims.

Casa Alianza runs three shelters, one of which is for girls
who are victims of commercial sexual exploitation. As of
PolOff meeting with Casa Alianza in Jan 2007, there were 70
victims of CSE in the shelters. Casa Alianza provides
complete legal, medical, and psychological assistance. The
UN,s focus is on international migration. In 2006 their
rehabilitation schools were attended by 53 children
repatriated from Guatemala and Mexico (but not necessarily
TIP victims). There are other 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.

The Honduran National Institute for Children and Family
(IHNFA) runs three centers for children, one in San Pedro
Sula and two in Tegucigalpa, where it sends repatriated
children before they 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, continues
to seeking funding for the centers from DHS/ICE.

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 (former) 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 IOM donated vehicles 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 2006 that 90,000 illegal Hondurans were deported
from Mexico in 2005, compared to 75,000 in 2004, 53,000 in
2003 and 35,000 in 2002.


B. DOES THE GOVERNMENT PROVIDE FUNDING OR OTHER FORMS OF
SUPPORT TO FOREIGN OR DOMESTIC NGOS FOR SERVICES TO VICTIMS?
PLEASE EXPLAIN. Due to significant financial difficulties,
the GOH does not provide funding to NGOs; in fact, certain

TEGUCIGALP 00000432 013 OF 015


NGOs, such as Casa Alianza, seem to be performing functions
that should properly be carried out or funded by the GOH.
Given the financial limitations, however, the GOH has shown
consistent willingness to work with NGOs and IOs in the fight
against TIP as well as other related matters, such as
immigration and child labor.


C. DO THE GOVERNMENT'S LAW ENFORCEMENT AND SOCIAL SERVICES
PERSONNEL HAVE A FORMAL SYSTEM OF IDENTIFYING VICTIMS OF
TRAFFICKING AMONG HIGH-RISK PERSONS WITH WHOM THEY COME IN
CONTACT(E.G. FOREIGN PERSONS ARRESTED FOR PROSTITUTION OR
IMMIGRATION VIOLATIONS)? IS THERE A REFERRAL PROCESS IN
PLACE, WHEN APPROPRIATE, TO TRANSFER VICTIMS DETAINED,
ARRESTED OR PLACED IN PROTECTIVE CUSTODY BY LAW ENFORCEMENT
AUTHORITIES TO NGO'S THAT PROVIDE SHORT- OR LONG-TERM CARE?
There is no formal system to identify TIP victims. There is
a process by which some victims of TIP can be referred to
Casa Alianza or other organizations for rehabilitation,
though as previously mentioned the percentage of victims
assisted by rehabilitation facilities is low.


D. ARE THE RIGHTS OF VICTIMS RESPECTED, OR ARE VICTIMS
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
VICIMS IN REBUILDING THEIR LIVES? The GOH does not provide
shelter or housing benefits in order to aid victims
rebuilding their lives.


TEGUCIGALP 00000432 014 OF 015


-- 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? The GOH does not have the resources to provide
this training itself, and it relies on international
assistance to implement TIP-specific training. In the past,
Frontier Police and Migration Police investigators were
trained by U.S. Border Patrol on combating trafficking in
persons and alien smuggling, including training on the
protection of trafficking victims.

-- 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
Honduran 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? There is nothing done
specifically for TIP victims. 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. 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 INTERNATIONAL ORGANIZATIONS OR NGOS, IF ANY, WORK
WITH TRAFFICKING VICTIMS? WHAT TYPE OF SERVICES DO THEY
PROVIDE? WHAT SORT OF COOPERATION DO THEY RECEIVE FROM LOCAL
AUTHORITIES? NOTE: IF POST REPORTS THAT A GOVERNMENT IS
INCAPABLE OF ASSISTING AND PROTECTING TIP VICTIMS, THEN POST
SHOULD EXPLAIN THOROUGHLY. FUNDING, PERSONNEL, AND TRAINING
CONSTRAINTS SHOULD BE NOTED, IF APPLICABLE. CONVERSELY, THE
LACK OF POLITICAL WILL TO ADDRESS THE PROBLEM SHOULD BE NOTED
AS WELL. 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). 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. Several
NGOs, especially Casa Alianza, work closely with the GOH on
TIP and receive good cooperation.


31. TIP HEROES:

Post would like to nominate Special Prosecutor for Children
Nora Suyapa Urbina Pineda. Ms. Urbina 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 makes
public statements about CSEC and other crimes against

TEGUCIGALP 00000432 015 OF 015


children. She has been very aggressive in using her office
to combat CSEC, including raids of centers of possible
underage prostitution.

FORD