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OO RUEHWEB

DE RUEHC #0623 1630112
ZNR UUUUU ZZH
O 120047Z JUN 09
FM SECSTATE WASHDC
TO AMEMBASSY GUATEMALA IMMEDIATE 0000

UNCLAS STATE 060623 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: KTIP ELAB KCRM KPAO KWMN PGOV PHUM PREL SMIG GT
SUBJECT: GUATEMALA -- 2009 TIP REPORT: PRESS GUIDANCE AND 
DEMARCHE 
 
REF: A. STATE 59732 
     ¶B. STATE 005577 
 
¶1. This is an action cable; see paras 5 through 7 and 10. 
 
¶2. On June 16, 2009, at 10:00 a.m. EDT, the Secretary will 
release the 2009 Trafficking in Persons (TIP) Report at a 
press conference in the Department's press briefing room. 
This release will receive substantial coverage in domestic 
and foreign news outlets.  Until the time of the Secretary's 
June 16 press conference, any public release of the Report or 
country narratives contained therein is prohibited. 
 
¶3. The Department is hereby providing Post with advance press 
guidance to be used on June 16 or thereafter.  Also provided 
is demarche language to be used in informing the Government 
of Guatemala of its tier ranking and the TIP Report's 
imminent release.  The text of the TIP Report country 
narrative is provided, both for use in informing the 
Government of Guatemala and in any local media release by 
Post's public affairs section on June 16 or thereafter. 
Drawing on information provided below in paras 8 and 9, Post 
may provide the host government with the text of the TIP 
Report narrative no earlier than 1200 noon local time Monday 
June 15 for WHA, AF, EUR, and NEA countries and OOB local 
time Tuesday June 16 for SCA and EAP posts.  Please note, 
however, that any public release of the Report's information 
should not/not precede the Secretary's release at 10:00 am 
EDT on June 16. 
 
¶4. The entire TIP Report will be available on-line at shortly 
after the Secretary's June 16 release.  Hard copies of the 
Report will be pouched to posts in all countries appearing on 
the Report.  The Secretary's statement at the June 16 press 
event, and the statement of and fielding of media questions 
by G/TIP,s Director and Senior Advisor to the Secretary, 
Ambassador-at-Large Luis CdeBaca, will be available on the 
Department's website shortly after the June 16 event. 
Ambassador de Baca will also hold a general briefing for 
officials of foreign embassies in Washington DC on June 17 at 
3:30 pm EDT. 
 
¶5. Action Request: No earlier than OOB local time Monday June 
15 for WHA, AF, EUR, and NEA posts and OOB local time on 
Tuesday June 16 for SCA and EAP posts, please inform the 
appropriate official in the Government of Guatemala of the 
June 16 release of the 2009 TIP Report, drawing on the points 
in para 9 (at Post's discretion) and including the text of 
the country narrative provided in para 8.  For countries 
where the State Department has lowered the tier ranking, it 
is particularly important to advise governments prior to the 
Report being released in Washington on June 16. 
 
¶6. Action Request continued:  Please note that, for those 
countries which will not receive an "action plan" with 
specific recommendations for improvement, posts should draw 
host governments' attention to the areas for improvement 
identified in the 2009 Report, especially highlighted in the 
"Recommendations" section of the second paragraph of the 
narrative text.  This engagement is important to establishing 
the framework in which the government's performance will be 
judged for the 2010 Report.  If posts have questions about 
which governments will receive an action plan, or how they 
may follow up on the recommendations in the 2009 Report, 
please contact G/TIP and the appropriate regional bureau. 
 
¶7. Action Request continued: On June 16, please be prepared 
to answer media inquiries on the Report's release using the 
press guidance provided in para 11.  If Post wishes, a local 
press statement may be released on or after 10:30 am EDT June 
16, drawing on the press guidance and the text of the TIP 
Report's country narrative provided in para 8. 
 
¶8. Begin Final Text of Guatemala,s country narrative in the 
2009 TIP Report: 
 
-------------------------------- 
GUATEMALA (TIER 2 WATCH LIST) 
-------------------------------- 
Guatemala is a source, transit, and destination country for 
Guatemalans and Central Americans trafficked for the purposes 
of commercial sexual exploitation and forced labor.  Human 
trafficking is a significant and growing problem in the 
country, particularly the exploitation of children in 
prostitution.  Guatemalan women and children are trafficked 
within the country, and to Mexico and the United States, for 
commercial sexual exploitation.  NGOs report nascent child 
sex tourism in certain tourist areas such as Antigua and 
Guatemala City.  Young Guatemalan girls are also subject to 
forced labor within the country as domestic servants. 
Guatemalan men, women, and children are trafficked within the 
country, as well as to Mexico and the United States, for 
forced labor, particularly in agriculture.  In the Mexican 
border area, Guatemalan children are exploited for forced 
begging on streets and forced labor in municipal dumps; 
Guatemalan men, women, and children are trafficked for forced 
agricultural work, particularly on coffee plantations. 
Guatemala is a destination country for victims from El 
Salvador, Honduras, and Nicaragua, trafficked for the purpose 
of commercial sexual exploitation.  Border areas with Mexico 
and Belize remain a top concern due to the heavy flow of 
undocumented migrants, many of whom fall victim to 
traffickers. 
The Government of Guatemala does not fully comply with the 
minimum standards for the elimination of trafficking; 
however, it is making significant efforts to do so.  During 
the past year, the Guatemalan Congress unanimously approved a 
bill to strengthen Guatemalan laws against human trafficking 
and other forms of sexual exploitation and violence.  In 
addition, the government strengthened its investigative 
efforts during the first year of operation of a prosecutorial 
unit dedicated to fighting human trafficking and illegal 
adoptions.  Despite such overall significant efforts, 
Guatemala is placed on Tier 2 Watch List for failing to show 
increasing efforts to combat human trafficking, particularly 
in terms of providing adequate assistance to victims and 
ensuring that trafficking offenders, including corrupt public 
officials, are appropriately prosecuted, convicted, and 
sentenced for their crimes. 
Recommendations for Guatemala:  Implement and enforce the new 
anti-trafficking law; increase efforts to investigate and 
prosecute trafficking offenses, and convict and punish 
trafficking offenders, including public officials complicit 
with trafficking activity; pursue suspected cases of forced 
labor and domestic servitude crimes in addition to suspected 
cases of adult sex trafficking; improve victim services and 
assistance; increase anti-trafficking training for judges and 
police; and increase funding for anti-trafficking efforts, 
particularly for the country,s dedicated prosecutorial and 
police units. 
Prosecution 
The government made limited efforts against trafficking 
offenders last year.  While prosecutors initiated some 
trafficking prosecutions, they continued to face problems in 
court with application of Guatemala,s earlier 
anti-trafficking law, Article 194 of the Penal Code, which 
prohibited all forms of trafficking in persons, prescribing 
penalties of from six to 12 years, imprisonment.  During the 
reporting period, judges continued to dismiss charges under 
Article 194 in favor of more familiar but less serious 
offenses, such as pandering or procuring, which prescribe 
inadequate penalties ) only fines -- to deter commission of 
trafficking crimes.  The Guatemalan Congress, however, 
strengthened the country,s anti-trafficking legal framework 
by enacting a law, which came into force in April 2009, to 
clarify the statutory definition of trafficking in persons, 
in addition to increasing penalties for trafficking, 
trafficking-related crimes, and other forms of sexual 
violence and exploitation.  Article 202 of the new law 
prohibits the transport, transfer, retention, harboring, or 
reception of persons for the purposes of prostitution, sexual 
exploitation, forced labor or services, begging, slavery, 
illegal adoptions, or forced marriage, in addition to other 
prohibited purposes.  Penalties established under the new law 
are from eight to 18 years, imprisonment; under aggravated 
circumstances, such as when the crime involves kidnapping, 
threats, violence, weapons, or a public official, penalties 
increase by one-third.  Such penalties are sufficiently 
stringent and commensurate with penalties prescribed for 
other serious crimes such as rape.   During the reporting 
period, the government maintained small dedicated police and 
prosecutorial units to investigate and prosecute human 
trafficking cases.  In 2008, the government initiated 
criminal proceedings under existing laws against 55 suspected 
trafficking offenders; seven of these 55 proceedings involved 
allegations of commercial sexual exploitation of children, 
which is even with results from 2007, when the government 
prosecuted eight trafficking-related cases.  During the 
reporting period, the government focused most of its limited 
resources on prosecuting illegal adoptions, which are defined 
as a form of trafficking in persons under Guatemalan law and 
have a high incidence in the country.  No prosecutions for 
forced labor crimes or sex trafficking crimes involving adult 
victims were reported, nor prosecutions of government 
officials complicit with trafficking activity.  No 
trafficking convictions or sentences were obtained under 
Article 194 in Guatemala City, though prosecutors in Jalapa 
reported one trafficking conviction in an illegal adoption 
case, securing a sentence of six years in prison.  Overall, 
anti-trafficking police and prosecutors remained plagued by a 
severe lack of funding and resources; for example, 
Guatemala,s five-person anti-trafficking police unit had 
only one vehicle to investigate trafficking cases throughout 
the country.  Police also remained crippled by high staff 
turnover and a lack of specialized training.  Credible 
reports from international organizations and NGOs indicated 
that corrupt public officials  continued to impede 
anti-trafficking law enforcement and facilitate trafficking 
activity by accepting or extorting bribes, sexually 
exploiting children, falsifying identity documents, leaking 
information about impending police raids to suspected 
traffickers, and ignoring trafficking activity in brothels 
and commercial sex sites.  While the government made efforts 
to dismiss some public officials from their positions, it did 
not attempt to criminally investigate or prosecute any of 
them. 
Protection 
The government made insufficient efforts to protect 
trafficking victims during the reporting period, relying 
largely on NGOs and international organizations to provide 
the bulk of victim services.  Child victims are eligible for 
basic care at seven government-run shelters upon judicial 
order, but were typically referred to NGOs such as Casa 
Alianza for assistance.  However, Casa Alianza announced 
closure of its Guatemala facilities in January 2009; the 
government referred an average of 300 sexually exploited 
youth, including child trafficking victims, to Casa Alianza 
each year.  In December 2008, the government approved a 
budget increase for the Secretariat of Social Welfare to 
expand generalized child victim services, which should become 
available in 2009.  Government-run services dedicated to 
adult trafficking victims remained virtually non-existent. 
Although Guatemalan authorities encourage victims to assist 
with the investigation and prosecution of their traffickers, 
most victims did not file complaints due to fear of violence 
or reprisals, and lack of confidence in the country,s 
criminal justice system and limited witness protection 
program.  The government did not detain, fine, or otherwise 
penalize victims for unlawful acts committed as a direct 
result of being trafficked.  The government continued to 
operate a migrants, shelter in Guatemala City with separate 
space for foreign trafficking victims, though some foreign 
trafficking victims appear to have been deported.  The new 
anti-trafficking law established procedures for repatriation 
of trafficked victims without detention.  Guatemalan law does 
not, however, provide foreign victims with temporary or 
permanent residency status, or a legal alternative to removal 
to countries where they may face hardship or retribution. 
The government continued anti-trafficking training for 
consular officials posted abroad, and police conducted 
brothel raids throughout the year to rescue children from sex 
trafficking situations, rescuing 45 children during the 
reporting period.  The government endeavored to apply 
procedures to identify trafficking victims among vulnerable 
populations, such as prostituted women in brothels, but did 
not have an estimate of the number of victims identified 
through this mechanism. 
Prevention 
The government sustained efforts to prevent trafficking 
during the reporting period.  The government continued 
anti-trafficking media campaigns and workshops, and operated 
a call center to provide information to citizens about the 
dangers of human trafficking and to refer victims for 
assistance.  In July 2008, the government approved a 10-year 
national action plan to combat human trafficking, and the 
government,s interagency committee met throughout the year. 
The government made no discernable efforts to reduce demand 
for commercial sex acts or forced labor.  The government 
provided human rights training ) including human trafficking 
) to Guatemalan troops deployed for international 
peacekeeping operations. 
¶9. Post may wish to deliver the following points, which offer 
technical and legal background on the TIP Report process, to 
the host government as a non-paper with the above TIP Report 
country narrative: 
 
(begin non-paper) 
 
-- The U.S. Congress, through its passage of the 2000 
Trafficking Victims Protection Act, as amended (TVPA), 
requires the Secretary of State to submit an annual Report to 
Congress.  The goal of this Report is to stimulate action and 
create partnerships around the world in the fight against 
modern-day slavery.  The USG approach to combating human 
trafficking follows the TVPA and the standards set forth in 
the Protocol to Prevent, Suppress and Punish Trafficking in 
Persons, Especially Women and Children, supplementing the 
United Nations Convention against Transnational Organized 
Crime (commonly known as the "Palermo Protocol").  The TVPA 
and the Palermo Protocol recognize that this is a crime in 
which the victims, labor or services (including in the "sex 
industry") are obtained or maintained through force, fraud, 
or coercion, whether overt or through psychological 
manipulation.  While much attention has focused on 
international flows, both the TVPA and the Palermo Protocol 
focus on the exploitation of the victim, and do not require a 
showing that the victim was moved. 
 
-- Recent amendments to the TVPA removed the requirement that 
only countries with a "significant number" of trafficking 
victims be included in the Report. Beginning with the 2009 
TIP Report, countries determined to be a country of origin, 
transit, or destination for victims of severe forms of 
trafficking are included in the Report and assigned to one of 
three tiers.  Countries assessed as meeting the "minimum 
standards for the elimination of severe forms of trafficking" 
set forth in the TVPA are classified as Tier 1.  Countries 
assessed as not fully complying with the minimum standards, 
but making significant efforts to meet those minimum 
standards are classified as Tier 2.  Countries assessed as 
neither complying with the minimum standards nor making 
significant efforts to do so are classified as Tier 3. 
 
-- The TVPA also requires the Secretary of State to provide a 
"Special Watch List" to Congress later in the year. 
Anti-trafficking efforts of the countries on this list are to 
be evaluated again in an Interim Assessment that the 
Secretary of State must provide to Congress by February 1 of 
each year.  Countries are included on the "Special Watch 
List" if they move up in "tier" rankings in the annual TIP 
Report -- from 3 to 2 or from 2 to 1 ) or if they have been 
placed on the Tier 2 Watch List. 
 
-- Tier 2 Watch List consists of Tier 2 countries determined: 
(1) not to have made "increasing efforts" to combat human 
trafficking over the past year; (2) to be making significant 
efforts based on commitments of anti-trafficking reforms over 
the next year, or (3) to have a very significant number of 
trafficking victims or a significantly increasing victim 
population.  As indicated in reftel B, the TVPRA of 2008 
contains a provision requiring that a country that has been 
included on Tier 2 Watch List for two consecutive years after 
the date of enactment of the TVPRA of 2008 be ranked as Tier 
¶3.  Thus, any automatic downgrade to Tier 3 pursuant to this 
provision would take place, at the earliest, in the 2011 TIP 
Report (i.e., a country would have to be ranked Tier 2 Watch 
List in the 2009 and 2010 Reports before being subject to 
Tier 3 in the 2011 Report).  The new law allows for a waiver 
of this provision for up to two additional years upon a 
determination by the President that the country has developed 
and devoted sufficient resources to a written plan to make 
significant efforts to bring itself into compliance with the 
minimum standards. 
 
-- Countries classified as Tier 3 may be subject to statutory 
restrictions for the subsequent fiscal year on 
non-humanitarian and non-trade-related foreign assistance 
and, in some circumstances, withholding of funding for 
participation by government officials or employees in 
educational and cultural exchange programs.   In addition, 
the President could instruct the U.S. executive directors to 
international financial institutions to oppose loans or other 
utilization of funds (other than for humanitarian, 
trade-related or certain types of development assistance) 
with respect to countries on Tier 3.  Countries classified as 
Tier 3 that take strong action within 90 days of the Report's 
release to show significant efforts against trafficking in 
persons, and thereby warrant a reassessment of their Tier 
classification, would avoid such sanctions.  Guidelines for 
such actions are in the DOS-crafted action plans to be shared 
by Posts with host governments. 
 
-- The 2009 TIP Report, issuing as it does in the midst of 
the global financial crisis, highlights high levels of 
trafficking for forced labor in many parts of the world and 
systemic contributing factors to this phenomenon:  fraudulent 
recruitment practices and excessive recruiting fees in 
workers, home countries; the lack of adequate labor 
protections in both sending and receiving countries; and the 
flawed design of some destination countries, "sponsorship 
systems" that do not give foreign workers adequate legal 
recourse when faced with conditions of forced labor.  As the 
May 2009 ILO Global Report on Forced Labor concluded, forced 
labor victims suffer approximately $20 billion in losses, and 
traffickers, profits are estimated at $31 billion.  The 
current global financial crisis threatens to increase the 
number of victims of forced labor and increase the associated 
"cost of  coercion." 
 
-- The text of the TVPA and amendments can be found on 
website. 
 
-- On June 16, 2009, the Secretary of State will release the 
ninth annual TIP Report in a public event at the State 
Department.  We are providing you an advance copy of your 
country's narrative in that report.  Please keep this 
information embargoed until 10:00 am Washington DC time June 
¶16.  The State Department will also hold a general briefing 
for officials of foreign embassies in Washington DC on June 
17 at 3:30 pm EDT. 
 
(end non-paper) 
 
¶10. Posts should make sure that the relevant country 
narrative is readily available on or though the Mission's web 
page in English and appropriate local language(s) as soon as 
possible after the TIP Report is released.  Funding for 
translation costs will be handled as it was for the Human 
Rights Report.  Posts needing financial assistance for 
translation costs should contact their regional bureau,s EX 
office. 
 
¶11. The following is press guidance provided for Post to use 
with local media. 
 
Q1: Why was Guatemala given a ranking of Tier 2 Watch List? 
 
A: The Government of Guatemala does not fully comply with the 
minimum standards for the elimination of trafficking; 
however, it is making significant efforts to do so.  During 
the past year, the Guatemalan Congress unanimously approved a 
bill to strengthen Guatemalan laws against human trafficking 
and other forms of sexual exploitation and violence.  In 
addition, the government strengthened its investigative 
efforts during the first year of operation of a prosecutorial 
unit dedicated to fighting human trafficking and illegal 
adoptions.  Despite such efforts, Guatemala is placed on Tier 
2 Watch List for failing to show increasing efforts to combat 
human trafficking, particularly in terms of providing 
adequate assistance to victims and ensuring that trafficking 
offenders, including corrupt public officials, are 
appropriately prosecuted, convicted, and sentenced for their 
crimes. 
 
Q2: What is the nature of Guatemala,s trafficking problem? 
 
A: Guatemala is a source, transit, and destination country 
for Guatemalans and Central Americans trafficked for the 
purposes of commercial sexual exploitation and forced labor. 
Human trafficking is a significant and growing problem in the 
country, particularly the exploitation of children in 
prostitution.  Guatemalan women and children are trafficked 
within the country, and to Mexico and the United States, for 
commercial sexual exploitation.  NGOs report nascent child 
sex tourism in certain tourist areas such as Antigua and 
Guatemala City.  Young Guatemalan girls are also subject to 
forced labor within the country as domestic servants. 
Guatemalan men, women, and children are trafficked within the 
country, as well as to Mexico and the United States, for 
forced labor, particularly in agriculture.  In the Mexican 
border area, Guatemalan children are exploited for forced 
begging on streets and forced labor in municipal dumps; 
Guatemalan men, women, and children are trafficked for forced 
agricultural work, particularly on coffee plantations. 
Guatemala is a destination country for victims from El 
Salvador, Honduras, and Nicaragua, trafficked for the purpose 
of commercial sexual exploitation.  Border areas with Mexico 
and Belize remain a top concern due to the heavy flow of 
undocumented migrants, many of whom fall victim to 
traffickers. 
 
Q3: How can Guatemala improve its anti-trafficking efforts? 
 
A: To advance its efforts to combat human trafficking, the 
Government of Guatemala could:  implement and enforce the new 
anti-trafficking law; increase efforts to investigate and 
prosecute trafficking offenses, and convict and punish 
trafficking offenders, including public officials complicit 
with trafficking activity; pursue suspected cases of forced 
labor and domestic servitude crimes in addition to suspected 
cases of adult sex trafficking; improve victim services and 
assistance; increase anti-trafficking training for judges and 
police; and increase funding for anti-trafficking efforts, 
particularly for the country,s dedicated prosecutorial and 
police units. 
 
¶12. The Department appreciates posts, assistance with the 
preceding action requests. 
CLINTON