GUATEMALA: TIP WATCH LIST INTERIM ASSESSMENT

UNCLAS GUATEMALA 001450 SIPDIS DEPT FOR WHA AND G/TIP DEPT PASS TO USAID FOR LAC/CAM EBOSTIC E.O. 12958: N/A TAGS: KTIP KCRM KWMN PGOV PHUM SMIG GT SUBJECT: GUATEMALA: TIP WATCH LIST INTERIM ASSESSMENT REF: STATE 111306 ¶1. Below is a summary (keyed to reftel) of progress made by the GOG in combating trafficking in persons (TIP), particularly in the areas of legislative reform, enforcement, victim protection and assistance, identification of victims among vulnerable populations, and protection of foreign trafficked victims. The GOG has strengthened its efforts to address this transnational problem despite limited resources. In view of the actions taken by the Colom government this year, particularly in the area of enforcement, Embassy recommends that Guatemala be taken off the Tier 2 Watch List. Such action will not only acknowledge past and current efforts but will encourage the GOG to continue and expand its efforts to combat TIP. ¶2. Legislative Reform: On August 19, a bill to combat sexual violence, exploitation, and trafficking in persons was introduced in Congress. On November 11, the Committee on Constitutional and Legislative Affairs issued a favorable ruling on the bill for review by the plenary. The bill addresses one of the key recommendations in G/TIP's Short-Term Action Plan for Guatemala to "take appropriate measures to increase the effective use of Guatemala's current anti-trafficking law, Article 194," to prosecute and convict human traffickers. The bill provides a comprehensive legal framework focused on prevention of TIP and related crimes, protection of victims, and prosecution of traffickers. It establishes a process for repatriation of TIP victims, creates an office within the Secretariat of Social Welfare to coordinate GOG efforts to combat these crimes, focuses on protection of minors, and penalizes not only traffickers but also those who use the services of trafficked persons and sexually exploited victims, including victims of child pornography. It mandates a prison sentence of eight to 18 years (an increase from the current prison sentence of six to 12 years) and imposes a fine of Q300,000 to Q500,000 for trafficking in persons. It also modifies several TIP-related provisions in the Penal Code. ¶3. Enforcement: The GOG has increased its efforts to investigate and prosecute trafficking offenders. During its first year of operation, between January and September 2008, the new Anti-TIP Unit of the Special Prosecutor's Office Against Organized Crime received and investigated 134 complaints, and initiated criminal proceedings against 65 individuals, of which 3 are now in jail. The Unit also conducted 16 raids on commercial establishments to rescue sexually exploited victims, and initiated two trials involving trafficking in persons and hearings against four individuals accused of trafficking in persons for kidnapping and selling a minor through an illegal adoption process. In addition, the Municipal Prosecutor's Office of Jalapa obtained a conviction and sentence in a TIP case, becoming the first to obtain a sentence specifically for trafficking in persons. The Anti-TIP Unit obtained convictions for the crime of contracting undocumented aliens in three cases and for kidnapping in three other cases. Four of the cases investigated by the Anti-TIP Unit in 2008 involved public officials suspected of being the masterminds. These concrete successes illustrate the GOG's increased efforts to investigate and prosecute trafficking offenders. ¶4. Identification and Repatriation of Trafficked Victims: The GOG has collaborated closely with civil society on public awareness campaigns and efforts to identify and assist trafficked victims. It has implemented a formal mechanism for identifying trafficked victims among vulnerable Qfor identifying trafficked victims among vulnerable populations and for referring victims to appropriate protective services. Its Standard Operating Procedure provides instructions on how to handle sex crimes, including specific provisions on how to assist TIP victims. The GOG has also collaborated with Mexico, Nicaragua, El Salvador, and Honduras to address TIP, especially in the porous border areas. The government has a protocol for repatriation of TIP victims, which is currently under review by UNICEF and other organizations to make it more functional. ¶5. Other Significant Developments: On July 7, President Colom, by Executive Order 184-2008, approved a 10-year (2007-2017) "National Plan of Strategic Action Against Trafficking in Persons and of Integral Protection to Victims." The plan, proposed by the Inter-Institutional Commission to Combat Trafficking in Persons, outlines national policies in five core areas: institutional strengthening, prevention, comprehensive attention to trafficked victims, application of justice, and international cooperation. The plan, which went into effect on July 22, will serve as a guideline for GOG agencies in applying anti-TIP legislation and will increase cooperation among agencies. McFarland