US embassy cable - 04GUATEMALA2845

UNCLAS SECTION 01 OF 02 GUATEMALA 002845 
 
SIPDIS 
 
STATE FOR WHA/PPC AND G/TIP 
DOJ FOR OPDAT:BILL HALL AND FAITH COBURN 
 
E.O. 12958: N/A 
TAGS: KCRM, KWMN, PHUM, GT 
SUBJECT: GUATEMALA'S INTERIM ASSESSMENT FOR TIP 
 
REF: STATE 228298 
 
1. The Government of Guatemala made appreciable progress in 
each of the following areas in regard to trafficking in 
persons (TIP).  The responses below are keyed to the 
questions in paragraph D of reftel.  Our own comments follow 
in para 2. 
 
a) Guatemala has several pending legal proposals to codify 
trafficking in persons as a crime in Guatemala's criminal 
code.  A proposal tightly focused on the actual 
transportation of persons with criminal intent has passed its 
first reading in Congress, and the second reading is expected 
soon.  This draft was originally proposed by immigration 
officials to remedy the specific legal shortcomings that they 
faced in their own work.  The proposal was then revised and 
strengthened by the Chair of the Congressional Commission for 
Government (Interior), whose purview includes law enforcement 
issues.  The Government's Inter-Institutional Committee on 
TIP issues, in which we are active participants, is finishing 
work on a broader legislative proposal to address and refine 
all aspects of trafficking in persons, as described in more 
detail septel.  These two main proposals are not mutually 
exclusive. 
 
b) Both the National Civilian Police (PNC) and the Attorney 
General's Office have set up specialized units to concentrate 
on TIP.  These units have increased the coordination between 
their respective departments as well as their individual 
activities to interdict and prosecute TIP. 
 
c) NGOs play a primary role in Guatemala's anti-TIP activity. 
 In particular, public sector agencies recognize local 
chapters of international NGOs Casa Alianza and ECPAT as full 
partners in the fight against TIP.  The PNC continues to use 
Casa Alianza's survey of sites engaging in child prostitution 
as a target list for raids and arrests.  Following such 
raids, rescued victims routinely are delivered to Casa 
Alianza for housing and treatment.  ECPAT provides on-going 
anti-TIP training to agents of the PNC, the Special 
Prosecutor's Office, and the Immigration Service. 
Furthermore, ECPAT is developing an anti-TIP curriculum for 
the Police Academy's use in introductory training for new 
recruits.  (Note:  ECPAT's full name is End Child 
Prostitution, Child Pornography, and Trafficking in Children 
for Sexual Purposes.  End note.) 
 
d) In the first three quarters of 2004, the PNC conducted 113 
raids of bars, brothels, and other businesses.  They rescued 
18 minors (ages 14-17) and made 40 arrests.  Also based on 
the raids, immigration officials deported 141 adult foreign 
prostitutes. 
 
e) Following the publication of the USG's Report on TIP, 
President Berger and Vice President Stein made extensive 
public comments on TIP.  Other officials at the Ministry of 
Government (Interior) and its various law enforcement 
agencies, the Attorney General's Office, and the Ministry of 
Foreign Affairs regularly make public comment on trafficking 
issues.  The Ambassador and Foreign Minister Briz recently 
signed a Memorandum of Understanding on behalf of USAID and 
the Government of Guatemala, respectively.  Significantly, 
Briz insisted on signing the Memorandum at this level and the 
event received extensive media coverage. 
 
f) As noted above, ECPAT provides on-going training programs 
for all of Guatemala's law enforcement agencies.  Such 
training is welcomed by the agencies themselves and their 
parent political structure, the Ministry of Government 
(Interior).  The Department of Justice OPDAT team conducted a 
site survey in September 2004 to plan a week-long anti-TIP 
training program in early 2005.  The OPDAT team received an 
enthusiastic welcome and the continued support from 
Guatemalan governmental and non-governmental institutions. 
 
g) Law enforcement agencies continue to recruit and train 
officers as a continuing effort to combat corruption in all 
of their efforts.  This is readily apparent in anti-TIP 
activities.  Law enforcement officials note that some of 
their raids have been ineffective due to advance warning 
reaching suspected traffickers.  On at least one occasion, a 
senior law enforcement officer returned unexpectedly early 
from a foreign trip to conduct an unannounced raid, thus 
maximizing operational security. 
 
2.  Comment:  We are impressed with the level of dedication 
and professionalism exhibited by the Government of 
Guatemala's various agencies to refine and expand the fight 
against TIP.  We hope that the first legal reform proposal 
described above will become law before the end of CY2004 and 
that the second will pass in the first quarter of CY2005. 
Equally as important as official activity, however, is the 
general understanding of TIP across Guatemalan society. 
While government works to expand legal penalties for TIP, 
judges are not currently using all of the penalties available 
under current law.  There is little recognition of TIP as a 
crisis amongst members of Congress or by the constituencies 
they represent.  We intend to encourage the members to take a 
stronger leadership role outside of their legislative 
responsibilities, to increase recognition and understanding 
of the issue. 
HAMILTON