VZCZCXYZ0000
RR RUEHWEB

DE RUEHGT #0327/01 0732237
ZNR UUUUU ZZH
R 132237Z MAR 08
FM AMEMBASSY GUATEMALA
TO RUEHC/SECSTATE WASHDC 4962
INFO RUEHZA/WHA CENTRAL AMERICAN COLLECTIVE
RUEHME/AMEMBASSY MEXICO 4755
RHMFISS/DEPT OF JUSTICE WASHDC
RHEFHLC/DEPT OF HOMELAND SECURITY WASHINGTON DC
RUEHC/DEPT OF LABOR WASHDC
RUEATRS/DEPT OF TREASURY WASHDC

UNCLAS GUATEMALA 000327 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
DEPT FOR G/TIP, G, INL, DRL, PRM, WHA/PPC 
DEPT PASS TO USAID FOR LAC/CAM KSIENKIEWICZ 
 
E.O. 12958: N/A 
TAGS: KCRM PHUM KWMN SMIG KFRD ASEC PREF ELAB GT
SUBJECT: GUATEMALA'S INPUT FOR 2008 TIP REPORT (APRIL 2007 
- MARCH 2008) 
 
REF: A. STATE 2731 
     ¶B. GUATEMALA 242 
     ¶C. 07 GUATEMALA 2213 
     ¶D. 07 GUATEMALA 488 
 
¶1. Post submits the following information (keyed to ref A) on 
anti-trafficking efforts undertaken by the Guatemalan 
government between April 2007 and March 2008 in the areas of 
prevention, protection and assistance to trafficked victims, 
and investigation and prosecution of traffickers.  While 
challenges remain, especially in the area of prosecution, the 
GOG is committed to addressing those challenges and has made 
significant progress in combating human trafficking despite 
limited resources and a change of government during the 
reporting period.  In view of these significant efforts, 
Embassy recommends that Guatemala be removed this year from 
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 human trafficking as part of a 
global effort. 
 
¶2. Embassy's point of contact on trafficking in persons (TIP) 
is Poloff Lucy Chang (FS-02), telephone (502) 2326-4635, fax 
(502) 2334-8474.  She spent 48 hours in the preparation of 
this report.  FSN Political Specialist Ronald Flores (FSN-9) 
spent 8 hours. 
 
Overview of Guatemala's Activities 
---------------------------------- 
¶A. Guatemala is a country of origin, transit, and destination 
for internationally trafficked victims.  Although the 
National Civilian Police (PNC) provided some year-end crime 
statistics, there were no reliable numbers or estimates of 
trafficking victims, nor reliable information regarding the 
origins and destinations of victims, or methods and motives 
of traffickers.  Trafficking occurred within the country, 
particularly in the border areas and other outlying areas 
with weak government control, as well as transnationally 
across borders.  Women, children, and migrants continued to 
be at greater risk of being trafficked than other sectors of 
the population.  Due to the clandestine and illicit nature of 
human trafficking, which often camouflaged as other types of 
licit or illicit activities, and the lack of reporting 
methodology and tracking mechanism, there were no reliable 
estimates or numbers available as to the actual extent or 
magnitude of the problem.  The sources of available 
information on human trafficking were the handful of NGOs, 
including USG-funded organizations, that focused on this 
problem and the limited anecdotal information provided by 
trafficked victims theselves. 
 
As part of its national plan of strategic action, the 
government plans to document and analyze the trafficking 
problem, at both the national and regional levels, and to 
study its relationship to other societal problems, such as 
commercial sexual exploitation, labor exploitation, and alien 
smuggling.  The analysis will focus on factors, such as age, 
gender, and socio-economic conditions, that contribute to 
victims' vulnerability.  Member institutions of the 
Inter-institutional Commission to Combat Trafficking in 
Persons managed databases of trafficking victims which they 
shared with other institutions.  The GOG anticipates creating 
a unified database to facilitate follow-up on trafficking 
cases. 
 
¶B. During the reporting period, the government undertook more 
strenuous efforts to combat trafficking, although reducing 
Qstrenuous efforts to combat trafficking, although reducing 
the incidence of trafficking remained a serious challenge. 
Information provided by NGOs continued to suggest the 
existence of networks of transnational sexual traffickers who 
operated in Central America, primarily transporting victims 
from El Salvador, Honduras, and Nicaragua to Guatemala. 
Central American women and girls continued to be trafficked 
and sold in brothels in Mexico, Belize, and the United 
States.  The majority of the victims were young women between 
19 and 25 years of age, with the number of underage victims 
reportedly increasing. 
 
The inadequate state of immigration and border control 
facilitated trafficking of persons from El Salvador, 
Honduras, and Nicaragua to Guatemala and subsequently to 
Mexico and Belize through official border points or via 
 
clandestine land or water routes.  Migrant women and children 
were particularly vulnerable.  The Guatemalan government, in 
cooperation with civil society groups and international 
organizations, intensified its efforts, particularly in the 
border areas, to address the issue.  The primary obstacles to 
prosecuting those responsible for trafficking and related 
illicit activities remained weak institutional capacity and 
lack of resources, including judges and prosecutors and other 
justice system personnel specially trained to handle 
trafficking cases. 
 
While there was little information available on male victims 
or victims of trafficking for forced labor, anecdotal 
evidence suggested that TIP was a growing problem, 
particularly outside the capital and in areas, such as the 
southern region, the border with Mexico, and Peten region, 
where narcotrafficking and other illicit activities are 
rampant. 
 
NGO reports confirmed the continuing occurrence of labor 
exploitation south of the Mexican border where minors were 
recruited to beg in the streets and to work in the municipal 
dump in Tapachula, Mexico.  In some cases, these minors were 
also believed to be victims of sexual exploitation.  Labor 
exploitation of men and women was also documented among 
agricultural migrant workers in southern Mexico along the 
Guatemalan border. 
 
There were no new trends in populations targeted or methods 
used by recruiters.  The majority of the victims continued to 
be young women aged 19 to 25, with the number of minors 
reportedly increasing in recent years.  Girls from poor 
families or abusive homes, or those attempting to migrate to 
the U.S. continued to be the most vulnerable to trafficking. 
Most victims were lured by promises of travel, study, or 
work, including offers of employment as waitresses, domestic 
workers, or factory workers, or were exploited in their 
desire to migrate to the U.S. in search of work opportunities 
or reunion with family members.  A relatively small number of 
victims may have known they would be working as prostitutes, 
but nevertheless were enticed by the offer of better working 
conditions. 
 
Traffickers utilized various modes of operation, including 
use of commercial enterprises, such as bars and brothels. 
Some bar or brothel owners engaged in trafficking to recruit 
workers for their businesses, while other traffickers 
operated independently of other commercial activities. 
Sometimes victims themselves returned to their villages to 
recruit new victims.  Trafficking networks were predominantly 
small to medium-sized family-based groups.  False documents 
were used extensively to conceal both age and citizenship 
status of victims.  Victims were not usually kept as slaves; 
instead, traffickers created conditions of economic, 
psychological, and often drug dependency.  In many cases, 
victims resisted rescue.  According to the PNC, traffickers 
generally operated in small informal networks, which did not 
involve organized crime but included Nicaraguans, 
Salvadorans, and Colombians utilizing authentic but 
illegally-issued Guatemalan identification documents, 
typically originating from municipal authorities in rural 
parts of the country.  There was no information on whether 
employment, travel, or tourism agencies or marriage brokers 
Qemployment, travel, or tourism agencies or marriage brokers 
were involved in trafficking individuals. 
 
¶C. Thirteen government institutions were involved in 
anti-trafficking efforts as part of Guatemala's 
Inter-institutional Commission to Combat Trafficking in 
Persons, which was established by government decree in July 
¶2007.  Led by the Foreign Ministry, the commission is a 
permanent entity that coordinates the government's 
anti-trafficking efforts in accordance with its international 
commitments and domestic legislation.  It is comprised of 
representatives of various institutions of the Executive, as 
well as international organizations and local NGOs.  The 
commission meets regularly on a bi-monthly basis, as well as 
on an ad hoc basis as necessary. 
 
Both the Public Ministry and the PNC have dedicated anti-TIP 
units.  In November 2007, the GOG created the anti-TIP unit 
in the Public Ministry's Prosecutor's Office for Organized 
Crime to improve the model of investigation and prosecution 
 
of TIP crimes.  Formerly housed within the Prosecutor's 
Office for Women, the new unit provides greater visibility 
and focus to human trafficking.  The staff of 12 works in 
close collaboration with NGOs.  Approximately 60 percent of 
the unit's caseload is illegal adoption cases, and 40 percent 
is TIP cases. 
 
¶D. The government demonstrated commitment and political will 
to address the problem of human trafficking, but its ability 
to address it was limited in practice due to lack of 
resources, particularly for prosecuting and convicting 
trafficking offenders.  Funding for Guatemala's special 
anti-TIP units, as for most Guatemalan government agencies, 
was inadequate.  Government actions continued to depend 
heavily on technical and financial support from local NGOs 
and international donors.  Government officials cited as 
serious impediments to effective law enforcement the overall 
climate of impunity and corruption, which often led to leaks 
of information about impending raids and investigations to 
criminal targets.  They also stressed the need for additional 
resources to train judges and police investigators, provide 
adequate assistance to victims, and ensure the proper 
functioning of the Public Ministry's witness protection 
program. 
 
According to the PNC, no funds were specifically allocated to 
law enforcement to focus on TIP.  Its anti-TIP unit had only 
five police agents and one vehicle to conduct anti-TIP 
operations throughout the national territory, and lacked a 
surveillance mechanism, including cameras, to properly 
investigate TIP crimes.  Police, prosecutors, and civil 
society all noted that judges lacked proper training and an 
understanding of TIP issues and working with minors.  Civil 
society pointed to systemic weaknesses, including 
institutional corruption, lack of coordination among key law 
enforcement and justice sector institutions, lack of female 
police officers, and lack of continuity and institutional 
knowledge in the PNC due to frequent staff turnover.  It 
suggested that the PNC's lack of institutional continuity 
limited the long-term impact of training efforts. 
 
Notwithstanding weak institutional capacity, the individuals 
working in the Public Ministry and PNC special anti-TIP units 
were generally regarded as competent and dedicated. 
Guatemala continued to take a leadership role in coordinating 
regional efforts and sharing information with neighboring 
countries.  In October 2007, the Foreign Ministry 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 human trafficking.  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, as outlined in the Palermo Protocol. 
 
¶E. The government had no mechanism to systematically monitor 
its anti-trafficking efforts.  However, its 
Inter-institutional Commission to Combat Trafficking in 
Persons, led by the Foreign Ministry, provided an open, 
collaborative forum for discussion of legislative proposals, 
projects, and coordination of efforts.  It met regularly 
Qprojects, and coordination of efforts.  It met regularly 
throughout the year to discuss activities carried out by 
various member institutions, and made available a year-end 
summary report of its efforts. 
 
Investigation and Prosecution of Traffickers 
-------------------------------------------- 
¶A. Guatemala did not enact any new anti-trafficking 
legislation during the reporting period.  Guatemala has a law 
specifically prohibiting trafficking in persons, both for 
sexual and non-sexual purposes.  Article 194 of the Penal 
Code, enacted in July 1973 and amended in March 2005 to 
expand the definition of trafficking and to strengthen the 
penalties, states that: 
 
Whoever, in any way, promotes, induces, facilitates, 
finances, collaborates, or participates in the attraction, 
transport, transfer, harboring, or receipt of one or more 
persons by means of threat, force or other forms of coercion, 
fraud, deceit, abuse of power, kidnapping, or a situation of 
vulnerability or concession or receipt of payments or 
 
benefits to obtain the consent of a person who has authority 
over another, for the purpose of exploitation, prostitution, 
pornography, or any other form of sexual exploitation, will 
be sentenced to six to 12 years in prison. 
 
The same sanction applies to whoever, taking advantage of the 
circumstances outlined in the previous paragraph, subjects 
another person to begging, forced labor or services, servile 
matrimony, irregular adoption, slavery or similar practices. 
Consent given by the trafficking victim or his or her legal 
representative if the victim is a minor will not be 
considered an attenuating circumstance for any of the forms 
of exploitation described.  The penalty will be increased by 
a third when the victim is a minor, disabled, or elderly. 
When the victim is a minor, this crime will be considered to 
have been committed even if none of the means outlined in the 
first paragraph of this article was used.  If the victim 
suffers physical harm, the penalty will be increased by 
two-thirds.  In the case of the victim's death, the 
corresponding penalty will be applied. 
 
Other laws used to prosecute TIP cases include prohibitions 
in the Penal Code against rape, corruption of minors, and 
procurement or pandering, and prohibitions in the Immigration 
Law against hiring illegal immigrants.  The exact language of 
those laws are provided below: 
 
Article 173 (Rape) 
The crime of rape is committed by a person who violates a 
woman in any of the following circumstances: 
(1) using sufficient violence to obtain his goal; 
(2) taking advantage of the circumstances, whether provoked 
or not, upon finding a woman who has lost her use of reason 
or has fallen unconscious or is unable to resist; or 
(3) in any case, if the woman is under 12 years of age. 
In the situations mentioned, the penalty is six to 12 years 
in prison. 
 
Article 174 (Aggravated Rape) 
The penalty will be eight to 20 years of prison in the 
following circumstances: 
(1) when the crime is committed by two or more persons; 
(2) when the perpetrator of the crime is a relative, within 
the degrees of the law, of the victim, or is in charge of the 
victim's education, a custodian, or a guardian; or 
(3) when, as a result of the crime, the victim suffers severe 
harm. 
 
Article 175 (Qualified Rape) 
If, as a result of the rape, the victim dies, the penalty is 
30 to 50 years in prison.  The death penalty shall be imposed 
if the victim is younger than 10 years of age. 
 
Article 176 (Rape or Ravishment by Inexperience or Trust) 
Carnal access to an honest girl, older than 12 years of age 
and younger than 14 years of age, by taking advantage of her 
inexperience or by gaining her trust, will be sanctioned by 
one to two years in prison.  If the victim's age is between 
14 and 18, the penalty shall be between six months and one 
year. 
 
Article 177 (Rape or Ravishment by Deceit) 
Carnal access to an honest minor, by deceit or a false 
promise of marriage, will be sanctioned by one to two years 
of prison if the age of the victim is between 12 and 14 
years, and six months to one year of prison if the victim is 
older than 14 years of age. 
 
Article 178 (Aggravated Rape or Ravishment) 
When the perpetrator of the crime is a relative, within the 
degrees of the law, of the victim, or is in charge of the 
Qdegrees of the law, of the victim, or is in charge of the 
victim's education, a custodian or guardian, the sanctions 
described in the previous paragraph will be increased by 
two-thirds. 
 
Article 188 (Corruption of Minors) 
Whoever, in any way, promotes, facilitates, or favors 
prostitution or the sexual corruption of a minor, even if the 
victim specifically consents to participate in sexual acts or 
in observing such acts, will be sanctioned by two to six 
years in prison. 
 
Article 189 (Aggravated Corruption of Minors) 
The penalty described in the previous article will be 
increased by two-thirds, in any of the following 
circumstances: 
(1) if the victim is younger than 12 years of age; 
(2) if the crime is executed with the purpose of profit or to 
satisfy the desires of a third party; 
(3) when the execution involved deceit, violence, or abuse of 
authority; 
(4) if the corruption occurred by means of perverse sexual 
acts, premature or excessive; 
(5) when the perpetrator is an ascendant relative, brother, 
tutor, or in charge of the victim's education, or is the 
victim's custodian or guardian, or 
(6) when the crime referenced in the previous article occurs 
habitually. 
 
Article 191 (Procurement or Pandering) 
Whoever, for the purpose of profit or to satisfy the desires 
of others, promotes, facilitates or favors prostitution, 
regardless of gender, will be sanctioned with a fine of 500 
(USD 66 up to 2,000 quetzales (USD 263).  Whoever, for hi 
or her own benefit, carries out such activities will be 
sanctioned with a fine of 300 (USD 39) up to 1,000 quetzales 
(USD 132). 
 
Article 192 (Aggravated Procurement or Pandering) 
The sanctions stated in the previous article will be 
increased by a third in the following circumstances: 
(1) if the victim is a minor; 
(2) if the perpetrator is a relative, within the degrees of 
law, a tutor or in charge of the victim's education, a 
custodian or guardian; or 
(3) if there is violence, deceit, or abuse of authority. 
 
Article 107 of the Immigration Law (Decree 95-98) 
The crime of hiring illegal immigrants is committed by an 
individual or entity that employs the services of foreigners 
that remain in the country without fulfilling the legal 
requirements and lack the required documentation from the 
General Director of Migration for their stay in the country. 
This crime is punishable by two to five years in prison. 
 
Article 108 of the Immigration Law (Decree 95-98) 
When the crime in the preceding article involves minors, 
conditions or means that endanger their health, physical 
integrity, or when carried out by a public employee, the 
punishment will be increased by one-third. 
 
¶B. Article 194 of the Penal Code establishes a prison 
sentence of six to 12 years for trafficking in persons for 
any purpose.  Sentences are automatically increased by 
one-third if the victim is a minor, elderly person, or 
disabled person, and by two-thirds if the victim suffers 
physical harm. 
 
During the reporting period, two individuals were sentenced 
on charges of corruption of a minor, two were sentenced for 
aggravated pandering, and three individuals were charged with 
trafficking in persons, according to a Foreign Ministry 
report.  The Public Ministry's Anti-TIP Unit is currently 
investigating 15 cases:  nine women and three men for alleged 
involvement in irregular adoptions, and three women for 
commercial sexual exploitation. 
 
¶C. The law does not differentiate between trafficking for 
sexual exploitation and trafficking for labor exploitation. 
The prescribed penalty is the same regardless of purpose of 
trafficking:  six to 12 years in prison, with an automatic 
increase by one-third if the victim is a minor, elderly 
person, or disabled person, and by two-thirds if the victim 
Qperson, or disabled person, and by two-thirds if the victim 
suffers physical harm. 
 
¶D. The prescribed penalty for rape is six to 12 years in 
prison (up to 50 years in prison for aggravating 
circumstances).  The penalty is the same as that for 
trafficking in persons for the purpose of commercial sexual 
exploitation.  The Penal Code does not define sexual assault. 
 
 
¶E. Prostitution, per se, is not a crime in Guatemala.  The 
Penal Code does not specifically prohibit the activities of 
 
prostitutes.  It does, however, prohibit procurement and 
pandering, either for personal benefit or for the benefit of 
another, as well as inducement to prostitution.  The legal 
minimum age for prostitution is 18.  The laws most often 
applied against brothel owners and operators were the 
prohibitions on procurement, corruption of minors, and 
contracting illegal aliens. 
 
¶F. During the reporting period, the GOG increased efforts to 
investigate, prosecute, convict, and sentence trafficking 
offenders.  The Public Ministry 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 corruption of minors, 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.  There was no information regarding the 
specific type of trafficking or age category of the victims 
in these cases. 
 
¶G. The government, in collaboration with civil society, 
provided specialized training for government officials in how 
to recognize, investigate, and prosecute instances of 
trafficking.  Additional TIP training is required, especially 
to train judges, prosecutors, and police investigators 
outside the capital. 
 
¶H. The government cooperated with other governments in the 
investigation and prosecution of trafficking cases.  It 
participated in multinational fora on human trafficking, and 
engaged in extensive bilateral efforts with Honduras, El 
Salvador, and Nicaragua to combat trafficking in the border 
areas. 
 
¶I. The Guatemalan constitution does not prohibit extradition 
of its own nationals; however, an extradition treaty is 
required.  Guatemala has a bilateral extradition treaty with 
the United States.  That treaty does not specify trafficking 
in persons among the crimes for which extradition is 
prescribed.  It does, however, list "kidnapping of minors or 
adults, defined as the abduction or detention of a person or 
persons in order to exact money from them or their families, 
or for any unlawful end."  Guatemala also has a multilateral 
extradition treaty with the governments of other Central 
American countries, which requires that the crime be 
punishable by no less than two years' imprisonment in both 
countries.  In practice, the extradition process is lengthy 
and complicated.  During the reporting period, the government 
extradited one alleged trafficker. 
 
¶J. According to local NGOs, some government officials were 
involved in trafficking and in leaking information regarding 
imminent raids of brothels and other commercial 
establishments to criminal targets.  They did not have 
details on the extent or magnitude of the problem, but 
indicated that some networks involved high-level officials. 
The PNC assigned an official from its Office of Professional 
Responsibility to participate in anti-TIP raids conducted by 
the government, in cooperation with NGOs. 
 
¶K. The PNC, through its Office of Professional Responsibility 
and its Inspector General's Office, focused on identifying 
Qand its Inspector General's Office, focused on identifying 
corruption within its ranks and dismissing corrupt officers. 
There was no information available on the number of 
government officials investigated and prosecuted for 
involvement in trafficking or trafficking-related corruption 
during the reporting period. 
 
¶L. During the reporting period, there were no reports of any 
Guatemalan military troops deployed abroad as part of a 
peacekeeping or other similar mission who engaged in or 
facilitated severe forms of trafficking or who exploited 
victims of such trafficking. 
 
¶M. Child sex tourism was generally not considered a problem 
in Guatemala; however, there were credible reports of a 
nascent industry in certain areas.  UNICEF has been working 
with the Guatemalan tourism board to raise awareness of the 
problem.  It developed a code of conduct with the Guatemalan 
 
 
Tourism Institute and the Guatemalan Chamber of Tourism 
(INGUAT-CAMTUR) and the Guatemalan Institute for Technical 
Training (INTECAP) to discourage the use of tourist 
activities and services, including taxi drivers and tour 
operators, for sexual exploitation. 
 
Protection and Assistance to Victims 
------------------------------------ 
¶A. The Guatemalan government did not provide temporary or 
permanent residency status or other relief from deportation 
to foreign adult victims of trafficking.  It attended to 
foreign adult victims in an area dedicated to trafficking 
victims within a new shelter run by the General Directorate 
of Immigration.  Foreign minors were not, as a matter of 
policy, deported.  In 2006, the government approved and 
published the National Protocol for Repatriation of Child and 
Adolescent Trafficking Victims, which outlines the basic 
procedures for all Guatemalan government institutions to 
follow in repatriating child and adolescent victims to 
Guatemala, as well as from Guatemala to the victims' 
countries of origin.  The Foreign Ministry disseminated the 
protocol to all national institutions involved in combating 
human trafficking as well as to border control points, 
Guatemalan embassies and consulates abroad, and other 
government entities.  To ensure full and prompt 
implementation of the protocol, it conducted workshops to 
train Guatemalan consuls accredited in the U.S., Mexico, and 
Central America, as well as public institutions and civil 
society organizations. 
 
Most underage Guatemalan migrants were housed in two 
temporary shelters in Guatemala City and Quetzaltenango 
before being returned to their families or communities. 
Non-Guatemalan underage migrants were turned over to the care 
of consulates for their respective countries.  Minors who 
were identified as victims of sexual exploitation were sent 
to one of seven government-run shelters, including two 
shelters (one for girls in Antigua, and one for boys in San 
Jose Pinula) dedicated to minor trafficking victims, minor 
victims of domestic abuse, and other minor victims who 
require special psychological support.  Victims were referred 
to shelters by judge's order, which also specified the length 
of stay.  In most cases, victims were turned over to their 
families, unless it was clear that their families were 
responsible for the sexual exploitation.  The Secretariat of 
Social Welfare's plans to expand its shelter network to 
assist vulnerable populations in high-crime zone areas are 
constrained by its 2008 budget of Q270 million (USD 36 
million) which, according to the Secretariat, is insufficient 
due to high anticipated costs of construction and the need 
for additional specialists and equipment for its victim 
assistance centers. 
 
¶B. Guatemala has victim care facilities which were accessible 
to trafficking victims.  As of December 2007, with the 
opening of a shelter run by the General Directorate of 
Immigration, foreign victims were provided the same access to 
care as domestic trafficking victims.  The shelter includes a 
dedicated area for attention to adult and foreign trafficking 
victims.  The Secretariat of Social Welfare operated seven 
shelters for trafficked victims, orphans, and abandoned 
minors under 18 years of age, and 35 day care centers for 
Qminors under 18 years of age, and 35 day care centers for 
children up to 12 years of age, and provided educational and 
occupational workshops as part of recovery therapy.  During 
the reporting period, the Secretariat of Social Welfare 
attended to 17 minor trafficking victims, including 12 girls 
and five boys, among the many children who sought refuge in 
its shelters.  Operation of these shelters were funded 
entirely by the state.  There was no information available on 
the amount of funding provided by the GOG for its shelters 
during the reporting period as funds were allocated to 
various ministries without specific allocations for the 
shelters.  Most minor victims were referred by the GOG to 
NGOs, particularly to Casa Alianza, for care and protective 
custody.  Foreign undocumented adult TIP victims were 
generally deported.  The government, lacking resources to 
provide trafficking victims with access to legal, medical, 
and psychological services, generally referred victims to 
NGOs, which provided integral support.  The Public Ministry, 
in its role as state prosecutor, pursued criminal proceedings 
against traffickers.  The GOG also provided victims with 
integral education in accordance with their respective 
 
academic levels and conducted occupational skills workshops 
on baking, cosmetics, and tailoring.  The Secretariat of 
Social Welfare provided social work and assistance with legal 
proceedings. 
 
¶C. The government is prohibited by law from directly 
transferring funds to NGOs in the form of donations or 
similar financial mechanism.  Under a subcontract 
arrangement, during the reporting period, the government 
provided Q2.5 million (USD328,947) from its national budget 
to support local NGO "Fundacion Sobrevivientes" (Survivors 
Foundation) to provide medical, legal, and psychological 
support to victims of domestic violence and trafficking, and 
their families.  In addition, the government collaborated 
closely with NGOs on anti-trafficking efforts, with regular 
exchange of feedback and update on measures to combat 
trafficking.  Some NGOs, including Casa Alianza and ECPAT, 
participated as observers on the Inter-institutional 
Commission to Combat Trafficking in Persons.  The GOG 
reported that their support and collaboration were 
fundamental to the work of the commission.  Some NGOs, such 
as Casa Alianza, also provided long-term shelter for victims 
identified by the Prosecutor's Office. 
 
¶D. The GOG implemented a formal mechanism for identifying 
victims of trafficking among high-risk populations with whom 
government officials come in contact.  Its Standard Operating 
Procedures, publicly available on the Public Ministry's 
website, provides instructions on how to process sex crimes, 
including specific provisions on how to assist TIP victims. 
The government also developed and implemented a referral 
process to transfer minor victims who were placed in 
protective custody by law enforcement authorities to NGOs 
that provide long-term care.  When a minor victim is taken 
into protective custody by the state, the government's 
attorney coordinates with the Secretariat for Social Welfare 
to provide protection to the victim.  A judge refers the 
victim to a government-run shelter.  In practice, most minor 
victims are turned over to Casa Alianza for long-term care. 
During the reporting period, Casa Alianza, which has an 
arrangement with juvenile court judges, attended to 60 minor 
trafficked victims (53 girls and seven boys), to whom it 
provided integral support before reintegrating them into 
their families. 
 
All institutions involved in anti-trafficking efforts have 
allocated funds, within their respective budgets, to dedicate 
officers exclusively to such efforts.  Both the Public 
Ministry and the Solicitor General's Office have specialized 
units dedicated to combating TIP.  The Office of the Human 
Rights Ombudsman anticipates creating a special Defender's 
Office for TIP.  The Foreign Ministry has contractors who 
attend to its call center.  The Directorate of Migratory 
Affairs also has personnel who specialize in TIP.  In 
addition, the GOG established a system to facilitate close 
collaboration among the three institutions -- the Foreign 
Ministry, Human Rights Ombudsman's Office, and the PNC -- 
that operate call centers.  During the reporting period, the 
GOG repatriated three trafficking victims to their countries 
of origin, one to El Salvador and two to Honduras. 
 
¶E. The government has a mechanism for screening for 
trafficked victims among persons involved in the commercial 
Qtrafficked victims among persons involved in the commercial 
sex trade.  Its "Multi-sectoral Coalition," comprised of 
representatives of the Ministry of Government, through its 
General Directorate of Immigration and the PNC, together with 
representatives of the Public Ministry, the Solicitor 
General's Office, the Ministry of Public Health and Social 
Service, and the Superintendent of Tax Administration, 
conducted raids on night clubs and other commercial 
establishments possibly engaged in sex trade, with the aim of 
rescuing domestic as well as foreign victims of commercial 
sexual exploitation, including trafficking victims.  The GOG 
reported that while the coalition's principal mission was not 
to monitor or deter TIP crimes in these establishments, the 
coalition's efforts contributed significantly and effectively 
to the rescue of trafficking victims. 
 
¶F. The government generally respected the rights of 
trafficking victims.  The government did not prosecute 
victims for violations of immigration laws or any other laws, 
and it did not arrest, detain, or fine victims rescued during 
 
its raids of commercial establishments.  Foreign, 
undocumented, adult trafficking victims were generally 
deported to their countries of origin, while minor victims 
were sent to Casa Alianza or a government-run shelter for 
attention and care.  In December 2007, the GOG opened a new 
shelter in Guatemala City for undocumented aliens, including 
victims of trafficking. 
 
In September 2007, the Foreign Ministry opened a 24-hour call 
center, staffed by trained professional counselors, to 
provide information on human trafficking to the general 
public, and psychological support and referral assistance to 
trafficking victims and other victims.  The call center 
raised public awareness, improved the channels of 
communication between victims and assistance providers, and 
focused greater attention on and follow-up of trafficking 
cases. 
 
¶G. The Public Ministry, in collaboration with civil society 
organizations, encouraged victims to assist in the 
investigation and prosecution of traffickers and provided 
support, as requested, through its Office of Witness 
Protection.  The government encouraged victims to file legal 
complaints against traffickers by instituting a call center 
through which victims could file complaints and the 
government could provide follow-up of TIP-related cases. 
Victims were able to participate in criminal proceedings 
against traffickers and to seek redress for damage and harm 
as third party plaintiffs.  However, few trafficked victims 
filed complaints during the reporting period or assisted in 
investigating and prosecuting traffickers.  Victims tended to 
protect their abusers.  In addition, minors, most of whom had 
either false documents or no documents, were reluctant to 
admit their underage status.  A few individuals did testify, 
which led to convictions for corruption of minors and 
contracting illegal aliens.  There was no information 
available as to the actual numbers of victims who assisted in 
the investigation and prosecution of traffickers during the 
reporting period.  According to the Public Ministry's 
Anti-TIP Unit, the Witness Protection Program is currently 
providing protection to one witness. 
 
No one can impede victim access to legal redress.  Such 
redress is a right guaranteed by the Guatemalan Constitution 
and the Penal Code.  In practice, however, victims' access to 
legal redress was impeded by institutional corruption, a weak 
judicial system, lack of security, fear of reprisal, and lack 
of specially trained judges and prosecutors.  A victim who is 
a material witness in a court case against a former employer 
is free to obtain other employment or to leave the country 
and/or seek refuge as a protected witness pending trial 
proceedings.  The laws provide for restitution to the victim 
as a third party plaintiff.  Civil reparations supplement the 
principal criminal proceeding that seeks to determine the 
culpability of the alleged trafficker. 
 
¶H. The Guatemalan justice system was not able to provide 
adequate protection for victims and witnesses, which impeded 
the investigation and prosecution of traffickers.  The Public 
Ministry has a limited witness protection program, which was 
weak and ineffective.  Leakage of information regarding 
witnesses' identity and whereabouts posed a serious risk. 
Qwitnesses' identity and whereabouts posed a serious risk. 
The overall culture of impunity and violence and fear of 
reprisal discouraged victims and witnesses from testifying 
and filing legal action.  The government provided 42 shelters 
for child victims.  Minors identified as victims of sexual 
exploitation were sent to one of the government-run shelters. 
 In most cases, arrangements were made for reintegration into 
the victim's family, unless the family was responsible for 
the abuse. 
 
¶I. The government, in collaboration with civil society, 
provided specialized training for government officials in 
identifying and assisting trafficking victims, including the 
special needs of trafficked children.  Each participating 
governmental institution of the Inter-institutional 
Commission to Combat Trafficking in Persons provided ongoing 
training as part of its commitments under the National Plan 
of Strategic Action, and national, bilateral, and 
multilateral agreements.  The training, which focused on 
vulnerable sectors of the population, aimed to sensitize 
officials responsible for anti-trafficking efforts to ensure 
 
prompt and proper attention to victims and to prevent 
re-victimization. 
 
The government also provided training seminars and workshops 
on victim protection and assistance to Guatemalan consuls 
accredited to the U.S., Mexico, and Central America, as well 
as to foreign consuls accredited in Guatemala.  The training 
focused on the correct application of the National Protocol 
for the Repatriation of Child and Adolescent Trafficking 
Victims, as well as the implementation of the Public Policy 
Against Trafficking in Persons and Integral Protection to 
Victims, adopted in August 2007.  The government encouraged 
Guatemalan embassies and consulates to develop ongoing 
relationships with NGOs and international organizations that 
serve trafficked victims. 
 
The GOG, based on internal information provided by 
consulates, is in the process of determining the total number 
of Guatemalan trafficking victims assisted and the level of 
assistance provided by Guatemalan embassies and consulates 
abroad.  Guatemalan consulates had primary responsibility for 
the repatriation and accompaniment process for Guatemalan 
trafficking victims.  During the reporting period, the 
Foreign Ministry, in collaboration with other institutions, 
drafted and approved the protocol for repatriation of minor 
trafficking victims. 
 
Consular authorities not only issued special travel documents 
for repatriation of victims, but also followed up on the 
health conditions of victims, and facilitated coordination 
among the institutions responsible for repatriation of 
victims to ensure a process that fully respects the victims' 
human rights.  The Foreign Ministry's central office was 
responsible for notifying the competent institutions (the 
Solicitor General's Office, the General Directorate of 
Immigration, and the Secretariat of Social Welfare) on 
accompaniment requirements for the victim. 
 
¶J. The government, through its General Directorate of 
Immigration, and Solicitor General's Office, received 
Guatemalan trafficked victims at ports of entry and provided 
accompaniment during the repatriation process.  Authorities 
assessed victims' state of health, rendering medical 
assistance as required.  While the government did not provide 
financial support, victims could file civil claims for 
compensation for damage and harm.  The government provided 
assistance to repatriated trafficked nationals in shelters 
operated by the General Directorate of Immigration, the 
Secretariat of Social Welfare, and NGOs.  The Secretariat for 
 
SIPDIS 
Social Welfare received repatriated minors and reintegrated 
them with their families soon after their return to 
Guatemala.  The Secretariat also ran a shelter in 
Quetzaltenango for nationals repatriated by Mexico.  Minors 
sent to that shelter were reunited with their families within 
a few days of arrival. 
 
¶K. Various international organizations and local NGOs worked 
with trafficking victims.  Casa Alianza Guatemala, Casa del 
Migrante, Casa de la Mujer, God's Child, and Fundacion 
Sobrevivientes provided direct shelter, and integrated 
attention, including medical, legal, and psychological 
support, to trafficking victims.  ILO/IPEC, UNICEF, Catholic 
Relief Services, International Justice Mission, Association 
of Integral Health (ASI), and ECPAT, among others, provided 
Qof Integral Health (ASI), and ECPAT, among others, provided 
financing and consultation on anti-TIP efforts and ran 
preventive programs.  Catholic Relief Services implemented a 
USG-funded project to increase public awareness about the 
forms, risks, and consequences of trafficking.  USG-funded 
ECPAT continued working with Casa del Migrante in the Mexico 
border area and has plans to expand its anti-trafficking 
efforts to the Honduras and El Salvador border areas this 
year.  Local authorities collaborated closely with these 
NGOs.  Casa Alianza assisted 60 minor trafficked victims, 
providing formal education and occupational training.  During 
the reporting period, the government awarded a contract of 
Q2.5 million (USD 328,947) to Fundacion Sobrevivientes to 
provide victim assistance. 
 
Prevention 
---------- 
¶A. The government acknowledges that trafficking is a serious 
problem.  During the reporting period, it continued to focus 
 
its efforts to combat the problem.  Human trafficking was a 
priority theme on the government's national agenda, and all 
government actors publicly acknowledged the need to address 
it vigorously. 
 
¶B. The government, in collaboration with civil society, 
continued its national public awareness campaign, which it 
launched in 2006.  The principal objective of the campaign 
was preventing trafficking by educating and alerting the 
public, especially in high-incident areas and at land, air, 
and water border points, on the dangers of trafficking 
networks operating in families and communities, and 
increasing the visibility of the traditionally clandestine 
crime.  The campaign, targeting current and potential 
trafficking victims, included phone numbers of organizations 
that victims could call for help.  Through radio and 
television broadcasts, pamphlets, posters, banners, and 
billboards, the campaign was effective in reaching 
populations that had little knowledge of the crime.  A 
USG-funded NGO that participated in the campaign estimated 
that 450,000 persons (250,000 at the national level and 
200,000 at the local level) were reached.  The informational 
materials were sent to Guatemalan embassies and consulates 
accredited abroad, as well as to foreign diplomatic missions 
accredited in Guatemala. 
 
In addition, the government developed and conducted 
sensitization workshops focusing on the theme of social risk, 
including street children and sexual and labor exploitation, 
to members of rural development councils in the country's 
interior.  The Ministry of Public Health coordinated 
workshops incorporating the theme of prevention of commercial 
sexual exploitation and trafficking of persons in 14 networks 
of parents' associations throughout the country's interior. 
The workshops reached approximately 420 persons.  The 
government also developed a manual for the detection and 
integral attention to child and adolescent victims of 
commercial sexual exploitation, which will be used as a 
reference in all government and NGO shelters that attend to 
trafficking victims. 
 
¶C. Government officials, NGOs, other relevant organizations, 
and other elements of civil society enjoyed a close, 
collaborative relationship, which resulted in successful 
anti-trafficking efforts.  The Inter-institutional Commission 
to Combat Trafficking included the participation of 
representatives of government agencies, NGOs, and 
international organizations.  Police, immigration 
authorities, and prosecutors carried out joint operations, 
with NGO support, to rescue trafficking victims from bars and 
brothels.  Casa Alianza, with its mobile team of trained 
investigators, provided the intelligence in many cases.  The 
Guatemalan government relied on local civil society and 
international NGOs for their expertise, assessment, material 
support, training, investigative capacity, and victim 
assistance. 
 
¶D. Guatemala's border controls with Mexico, Belize, Honduras, 
and El Salvador were inadequate.  Guatemalan immigration 
service and law enforcement agencies lacked the capacity to 
monitor immigration and emigration patterns for evidence of 
trafficking and to screen for potential trafficking victims 
along the borders. 
 
The porous borders, open transit, and lack of adequate 
QThe porous borders, open transit, and lack of adequate 
control between countries in the region facilitated the entry 
and exit of trafficked minors.  Abuses of trafficking victims 
and violations of human rights have been documented, as have 
unexplained disappearances of women being transported across 
the border.  Human smugglers exploited undocumented migrants, 
especially in the border areas. by kidnapping them and 
demanding ransom.  Underage smugglers were commonly used 
because unlike adult smugglers, they were unlikely to be 
prosecuted if apprehended.  If detained, they are generally 
referred to a government-run shelter and subsequently 
returned to their families.  Non-Guatemalans were repatriated 
directly to their countries of origin. 
 
¶E. Guatemala has a mechanism for coordination and 
communication among various agencies on trafficking-related 
matters.  The Inter-institutional Commission to Combat 
Trafficking was established by government decree in July 2007 
 
to oversee implementation of Guatemala's anti-TIP strategy. 
The Foreign Ministry took the lead in coordinating those 
efforts.  The government decree formalized the status and 
raised the profile of the existing inter-agency working group 
on anti-trafficking.  The commission depends heavily on 
international support. 
 
Corruption in Guatemala typically manifests itself through 
crimes such as extortion and embezzlement, which are subject 
to investigation by public security forces and state 
prosecution.  While the GOG does not have an official task 
force on public corruption, the Public Ministry's 
Prosecutor's Office Against Corruption investigates and 
prosecutes corruption cases, and the Presidential 
Commissioner for Transparency Against Corruption coordinates 
anti-corruption efforts throughout the GOG.  Within the PNC, 
an Office of Professional Responsibility investigates alleged 
wrongdoing by police officers. 
 
¶F. During the reporting period, the Inter-institutional 
Commission to Combat Trafficking in Persons, under the 
leadership of the Foreign Ministry and in consultation with 
civil society, developed, defined, and reached consensus on a 
"Public Policy Against Trafficking in Persons and Integral 
Protection to Victims" and a National Plan of Strategic 
Action (2007-2017) to address TIP.  According to the GOG, the 
participation of civil society in the design and formulation 
of the policy was fundamental.  The public policy aims to 
prevent and prosecute human trafficking and to protect 
victims through institutional strengthening, application of 
justice, and international cooperation.  It is based on the 
principles of respect for human rights, the best interest of 
the child and adolescent, presumption of minority of age, a 
no-discrimination policy, and immediate and integral 
attention to victims, including medical and psychological 
support, and reintegration into the family and society.  The 
national plan, as the core part of the public policy, 
provides the general framework for implementation of the 
policy, including the goals, strategic actions, indicators, 
timeframe, and roles of the responsible public entities. 
With the adoption of the policy in August 2007 the national 
plan has been implemented by each f the institutions 
involved in anti-trafficking efforts.  This year, the 
government anticipates convening a meeting of the 
Inter-institutional Commission to Combat Trafficking in 
Persons to evaluate progress in implementing actions in the 
national plan and to identify any obstacles to 
implementation, as well as to create mechanisms to fully 
operationalize the plan. 
 
¶G. The government collaborated with civil society in a 
nationwide public awareness campaign during the reporting 
period to educate the public and to reduce the demand for 
commercial sex acts.  In addition, it conducted raids on 
brothels and other commercial establishments to rescue 
sexually exploited minors and to deter commercial sexual 
exploitation, and instituted a 24-hour call center to deter 
the demand for these acts. 
 
¶H. Not applicable. 
 
¶I. As part of mandatory pre-deployment training, the Regional 
Peacekeeping Operations Training Center in Guatemala provided 
extensive training on human rights, including six 50-minute 
modules specifically focused on human trafficking, to all 
Qmodules specifically focused on human trafficking, to all 
Guatemalan troops currently deployed abroad on UN 
peacekeeping missions and other similar missions to deter 
them from engaging in or facilitating severe forms of 
trafficking, or exploiting victims of such trafficking. 
 
Best Practices 
-------------- 
Local NGO Casa Alianza plays a key role in the prevention, 
care, and follow-up of child and adolescent victims of 
trafficking.  Casa Alianza uses an integrated care model that 
includes working with minors living in the streets and 
high-risk areas to prevent them from becoming victims of 
trafficking.  It rescues minor trafficking victims and 
provides long-term care, with shelter as well as formal and 
vocational training.  This integrated and comprehensive 
approach ensures not only a safe, protective environment for 
victims, but provides victims with technical, 
 
income-generating skills, as well as legal support to 
document and develop cases for prosecution.  Casa Alianza 
also collects and disseminates trafficking statistics, 
advocates for greater government response to the trafficking 
issue, and actively participates in proposing and developing 
legislation and policies to improve efforts to reduce human 
trafficking.  Its multi-disciplinary efforts have focused 
greater public attention to the problem of human trafficking, 
especially to the care of victims, and have enabled victims 
to successfully reintegrate into their families and 
communities and rebuild their lives. 
Derham