Identifier
Created
Classification
Origin
09GUATEMALA164
2009-02-23 01:47:00
UNCLASSIFIED
Embassy Guatemala
Cable title:
GUATEMALA ADOPTS NEW ANTI-TIP LAW
how-toVZCZCXRO9466 PP RUEHLA DE RUEHGT #0164 0540147 ZNR UUUUU ZZH P 230147Z FEB 09 FM AMEMBASSY GUATEMALA TO RUEHC/SECSTATE WASHDC PRIORITY 6990 INFO RUEHZA/WHA CENTRAL AMERICAN COLLECTIVE RUEHME/AMEMBASSY MEXICO 5092 RUEHLA/AMCONSUL BARCELONA 0020 RHMFIUU/DEPT OF JUSTICE WASHINGTON DC RHEFHLC/DEPT OF HOMELAND SECURITY WASHINGTON DC RUEHC/DEPT OF LABOR WASHDC RUEATRS/DEPT OF TREASURY WASHDC
UNCLAS GUATEMALA 000164
SIPDIS
DEPT FOR G/TIP BFLECK AND G ACBLANK
DEPT ALSO FOR INL, DRL, PRM, WHA/CEN, AND WHA/PPC
DEPT PLEASE PASS TO USAID FOR LAC/CAM KSEIFERT
E.O. 12958: N/A
TAGS: KTIP ELAB KCRM KFRD KWMN GPOV PHUM PREF SMIG
GT
SUBJECT: GUATEMALA ADOPTS NEW ANTI-TIP LAW
REF: 08 GUATEMALA 1450
UNCLAS GUATEMALA 000164
SIPDIS
DEPT FOR G/TIP BFLECK AND G ACBLANK
DEPT ALSO FOR INL, DRL, PRM, WHA/CEN, AND WHA/PPC
DEPT PLEASE PASS TO USAID FOR LAC/CAM KSEIFERT
E.O. 12958: N/A
TAGS: KTIP ELAB KCRM KFRD KWMN GPOV PHUM PREF SMIG
GT
SUBJECT: GUATEMALA ADOPTS NEW ANTI-TIP LAW
REF: 08 GUATEMALA 1450
1. (U) Summary: On February 18, Congress unanimously
approved a bill against sexual violence, exploitation, and
trafficking in persons. The bill, introduced in August 2008
by Congresswoman Zury Rios Montt (FRG) and Sonia Segura
Varsoly (independent),provides a comprehensive legal
framework for the prevention of trafficking in persons and
related crimes, protection of victims, and prosecution of
traffickers. End Summary.
2. (U) The new law creates a secretariat attached to the Vice
President's Office to coordinate GOG efforts to combat sex
crimes and trafficking in persons. The secretariat will
reportedly have a budget of Q5 million (USD 641,026) in 2009,
including funding for compensation to victims of these
crimes. The law also establishes a process for repatriation
of trafficked victims, and focuses on protection of minors.
It penalizes not only traffickers but also those who use the
services of trafficked persons and sexually exploited
victims, including victims of child pornography. It
increases the sentence for trafficking in persons from 6-12
years to 8-18 years in prison, imposes a fine of Q300,000 -
Q500,000 (USD 38,462 - 64,103),and modifies several
TIP-related provisions in the Penal Code. Wiretapping and
undercover operations, permissible under the Law Against
Organized Crime, may be used to investigate and prosecute
traffickers.
3. (U) The law defines new crimes, including facilitation of
illegal adoption, facilitation of prostitution, and
production of child pornography, and expands the definition
of rape by removing the requirement of use of force in cases
where the victim is less than 14 years of age. It also
increases the penalty for rape from 6-12 years to 8-12 years'
imprisonment, with the heavier penalty for particularly
vulnerable victims, such as elderly persons and pregnant
women, and other aggravated circumstances, including
infection by a sexually transmitted disease during the rape.
The penalty for procurement is five to 10 years' imprisonment
and a fine of up to Q100,000 (USD 12,821).
4. (U) UNICEF estimates that trafficking in persons is the
third most lucrative activity for organized crime, after
narcotrafficking and arms trafficking. Casa
Alianza/Guatemala has estimated that at least 15,000 minors
are sexually exploited in Guatemala. There are no reliable
estimates on the magnitude of trafficking in persons in
Guatemala. Local NGOs do not have any estimates due to the
clandestine nature of trafficking and under-reporting by
victims.
5. (U) Civil society leaders and drafters of the legislation
hailed the passage of the law -- the culmination of seven
years of effort and numerous drafts -- as an important
victory that will provide greater protection to victims,
particularly women and children. Maria Eugenia Villareal,
President of NGO End Child Prostitution, Child Pornography
and Trafficking in Children for Sexual Purposes
(ECPAT/Guatemala),characterized the new legislation as "one
more step in the fight against trafficking in persons and in
the protection of children," and expressed pride that
Guatemala finally has a legal framework in accordance with
international standards. Congresswoman Zury Rios publicly
Qinternational standards. Congresswoman Zury Rios publicly
stated that the courts must now demonstrate political will to
apply the law and put an end to impunity.
6. (SBU) Comment: The passage of this bill, just six months
after it was introduced in Congress, is significant. It
reflects the GOG's recognition of the seriousness of sexual
violence, exploitation, and trafficking in persons, and
demonstrates its commitment to improve protection for the
most vulnerable sectors of the population -- women and
children. The previous anti-TIP law (Article 194 of the
Penal Code) had been criticized for its lack of clarity and
difficulty of application. This new law addresses a key
recommendation in G/TIP's Short-Term Action Plan for
Guatemala. It remains to be seen, however, how soon this new
legislation will translate to more vigorous enforcement
efforts on the ground.
McFarland
SIPDIS
DEPT FOR G/TIP BFLECK AND G ACBLANK
DEPT ALSO FOR INL, DRL, PRM, WHA/CEN, AND WHA/PPC
DEPT PLEASE PASS TO USAID FOR LAC/CAM KSEIFERT
E.O. 12958: N/A
TAGS: KTIP ELAB KCRM KFRD KWMN GPOV PHUM PREF SMIG
GT
SUBJECT: GUATEMALA ADOPTS NEW ANTI-TIP LAW
REF: 08 GUATEMALA 1450
1. (U) Summary: On February 18, Congress unanimously
approved a bill against sexual violence, exploitation, and
trafficking in persons. The bill, introduced in August 2008
by Congresswoman Zury Rios Montt (FRG) and Sonia Segura
Varsoly (independent),provides a comprehensive legal
framework for the prevention of trafficking in persons and
related crimes, protection of victims, and prosecution of
traffickers. End Summary.
2. (U) The new law creates a secretariat attached to the Vice
President's Office to coordinate GOG efforts to combat sex
crimes and trafficking in persons. The secretariat will
reportedly have a budget of Q5 million (USD 641,026) in 2009,
including funding for compensation to victims of these
crimes. The law also establishes a process for repatriation
of trafficked victims, and focuses on protection of minors.
It penalizes not only traffickers but also those who use the
services of trafficked persons and sexually exploited
victims, including victims of child pornography. It
increases the sentence for trafficking in persons from 6-12
years to 8-18 years in prison, imposes a fine of Q300,000 -
Q500,000 (USD 38,462 - 64,103),and modifies several
TIP-related provisions in the Penal Code. Wiretapping and
undercover operations, permissible under the Law Against
Organized Crime, may be used to investigate and prosecute
traffickers.
3. (U) The law defines new crimes, including facilitation of
illegal adoption, facilitation of prostitution, and
production of child pornography, and expands the definition
of rape by removing the requirement of use of force in cases
where the victim is less than 14 years of age. It also
increases the penalty for rape from 6-12 years to 8-12 years'
imprisonment, with the heavier penalty for particularly
vulnerable victims, such as elderly persons and pregnant
women, and other aggravated circumstances, including
infection by a sexually transmitted disease during the rape.
The penalty for procurement is five to 10 years' imprisonment
and a fine of up to Q100,000 (USD 12,821).
4. (U) UNICEF estimates that trafficking in persons is the
third most lucrative activity for organized crime, after
narcotrafficking and arms trafficking. Casa
Alianza/Guatemala has estimated that at least 15,000 minors
are sexually exploited in Guatemala. There are no reliable
estimates on the magnitude of trafficking in persons in
Guatemala. Local NGOs do not have any estimates due to the
clandestine nature of trafficking and under-reporting by
victims.
5. (U) Civil society leaders and drafters of the legislation
hailed the passage of the law -- the culmination of seven
years of effort and numerous drafts -- as an important
victory that will provide greater protection to victims,
particularly women and children. Maria Eugenia Villareal,
President of NGO End Child Prostitution, Child Pornography
and Trafficking in Children for Sexual Purposes
(ECPAT/Guatemala),characterized the new legislation as "one
more step in the fight against trafficking in persons and in
the protection of children," and expressed pride that
Guatemala finally has a legal framework in accordance with
international standards. Congresswoman Zury Rios publicly
Qinternational standards. Congresswoman Zury Rios publicly
stated that the courts must now demonstrate political will to
apply the law and put an end to impunity.
6. (SBU) Comment: The passage of this bill, just six months
after it was introduced in Congress, is significant. It
reflects the GOG's recognition of the seriousness of sexual
violence, exploitation, and trafficking in persons, and
demonstrates its commitment to improve protection for the
most vulnerable sectors of the population -- women and
children. The previous anti-TIP law (Article 194 of the
Penal Code) had been criticized for its lack of clarity and
difficulty of application. This new law addresses a key
recommendation in G/TIP's Short-Term Action Plan for
Guatemala. It remains to be seen, however, how soon this new
legislation will translate to more vigorous enforcement
efforts on the ground.
McFarland