VZCZCXYZ0003
RR RUEHWEB

DE RUEHGT #2213/01 3131621
ZNR UUUUU ZZH
R 091621Z NOV 07
FM AMEMBASSY GUATEMALA
TO SECSTATE WASHDC 4307

UNCLAS GUATEMALA 002213 
 
SIPDIS 
 
SIPDIS 
 
DEPT FOR WHA/PPC, G: ACBLANK, AND G/TIP 
 
E.O. 12958: N/A 
TAGS: KCRM KWMN ELAB PHUM PGOV PREL SMIG GT
SUBJECT: TIP: INTERIM ASSESSMENT OF GUATEMALA 
 
REF: A. STATE 148925 
     ¶B. GUATEMALA 1908 
     ¶C. GUATEMALA 1402 
     ¶D. GUATEMALA 2194 
 
¶1. Post submits the following summary (keyed to ref A) of 
progress made by the GOG in combating trafficking in persons 
(TIP), specifically in the areas of legislative reform, 
enforcement, and identification and protection of trafficked 
victims.  The GOG has undertaken serious efforts to address 
this transnational problem despite limited resources.  In 
view of the substantial actions by the Berger government to 
improve performance against TIP, Embassy recommends that 
Guatemala be taken off the Tier 2 Watch List.  Such action 
will not only reinforce past and current efforts but will 
encourage the GOG to continue its efforts to combat TIP. 
 
¶2. Legislative Reform:  In 2005, the GOG reformed Article 194 
of the Penal Code, establishing the crime of trafficking in 
persons.  The Guatemalan Congress has yet to pass and enact 
legislation to address judicial and prosecutorial concerns 
regarding Article 194 of the Penal Code.  However, Alma de 
Migoya, Chief of the Prosecutor's Office for Women, Unit of 
Adolescent and Child Victims, which handles TIP and related 
crimes, has approached various congressional benches to press 
for legislative reform to strengthen the government's ability 
to prosecute and convict trafficking offenders (ref B). 
While Congress is not likely to reach consensus on any 
proposed reform during this transition year, Migoya believes 
that Congress will take action early in the next session, 
which begins January 2008. 
 
¶3. Legislative Model:  In October, the Ministry of Foreign 
Affairs hosted a regional two-day seminar focusing on 
anti-TIP legislation in Central America.  The seminar brought 
together over 30 legislators and judicial experts from the 
region to draft a model legislative framework to combat TIP. 
The model legislation will serve as a reference for 
prospective anti-TIP legislation that will provide a 
comprehensive framework incorporating prevention, 
prosecution, and victim protection. 
 
¶4. Enforcement:  The GOG increased efforts to investigate, 
prosecute, convict, and sentence trafficking offenders.  In 
2007, the Attorney General's Office prosecuted and sentenced 
eight individuals, including owners and managers of bars and 
night clubs, on charges of TIP and related crimes:  three for 
hiring illegal migrants, two for corrupting a minor, and 
three for procuring sexual services.  The Prosecutor's Office 
for Women, Unit of Adolescent and Child Victims, processed 
three cases on TIP charges.  An arrest warrant was issued in 
one of the cases.  In another case, the accused trafficker 
was deported under a regional mutual legal assistance treaty 
on criminal matters. 
 
¶5. Protection of Victims:  The GOG has increased 
collaboration with NGOs that provide shelter and related 
services to victims of trafficking.  It has worked closely 
with NGO Casa Alianza on raids on night clubs and bars to 
rescue trafficked victims.  On September 12, the GOG 
announced that it will open a new shelter in Guatemala City 
for undocumented aliens, including victims of trafficking. 
The four-level shelter will include dormitory space for 240 
persons, including special rooms for trafficked victims, a 
medical exam area, and an office space for National Civil 
Police agents and immigration authorities.  In addition, the 
GOG installed a 24-hour call center, staffed by trained 
professional counselors, to assist TIP victims and to provide 
public information on TIP. 
 
¶6. Identification of Trafficked Victims:  The GOG has 
collaborated closely with civil society on public awareness 
Qcollaborated 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 populations 
and for referring victims to appropriate protective services. 
 Its Standard Operating Procedures, publicly available on the 
website of the Attorney General's Office, provides 
instructions on how to process 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 the TIP problem, especially in the porous 
border areas. 
 
¶7. Other Significant Developments:  On July 12, the GOG, by 
government decree, established the Inter-Agency Commission to 
Combat Trafficking in Persons and Related Crimes, which 
formalized the status of the existing inter-agency working 
group (ref C).  The Commission, headed by the Vice Minister 
of Foreign Affairs, is comprised of representatives of 
various agencies of the Executive, Judiciary, and Congress, 
as well as NGOs and international organizations.  On November 
1, the Attorney General's Office announced that it will 
create a special unit within the Prosecutor's Office Against 
Organized Crime to investigate and prosecute TIP, including 
illegal adoptions (ref D). 
 
¶8. Embassy recommends that Guatemala be recognized for these 
efforts by being removed from the Tier 2 Watch List. 
Derham