US embassy cable - 05GUATEMALA307

UNCLAS GUATEMALA 000307 
 
SIPDIS 
 
JUSTICE FOR OPDAT:SETH KIPP, FAITH COBURN, BILL HALL 
 
E.O. 12958: N/A 
TAGS: KCRM, KWMN, SMIG, PHUM, PGOV, EAID, SNAR, GT 
SUBJECT: GUATEMALA STRENGTHENS TIP LAW 
 
 
1. Summary:  Guatemala's Congress approved strong anti-TIP 
legislation that will aid GOG efforts to investigate, 
prosecute, and convict those engaged in trafficking.  The new 
law includes a much broader and more effective definition of 
trafficking that will aid police and prosecutors and much 
stiffer penalties that will aid judges in sentencing.  This 
welcome achievement was achieved through an inter-agency 
consultative process that we consider a best practice.  End 
summary. 
 
Strengthening laws on TIP 
------------------------- 
 
2.  The Guatemalan Congress approved a Penal Code reform on 
February 2 to strengthen Government of Guatemala (GOG) 
efforts to combat trafficking in persons (TIP).  The new 
language to Article 194 of the Penal Code states that 
"Whomever obliges, promotes, induces, facilitates, finances, 
collaborates, or participates in the transport, transfer, 
acceptance, or reception of people, obtaining an economic 
gain, commits the crime of trafficking in persons and must 
serve prison time." 
 
3.  In addition to broadening the definition of TIP, the new 
law strengthened the punishments available to judges upon 
sentencing.  The new law establishes prison sentences of 
between seven and twelve years for those found guilty of 
trafficking, up from the previous range of one to three 
years.  Moreover, punishments under the new law are 
automatically increased by one third if the victim is a minor 
and by two thirds if the victims suffer physical harm. 
 
4.  This language greatly strengthens Guatemala's Penal Code 
in regard to TIP issues.  The previous language only 
considered the limited aspect of women crossing national 
borders for the purposes of prostitution.  The revision not 
only expands the definition of who would be guilty of 
trafficking, but also removes the limitation that only women 
can be victims and that the trafficking must be for the 
purpose of prostitution.  Furthermore, under the old law 
prison sentences were not mandatory.  Indeed, none had ever 
been imposed. 
 
5.  Prosecutors tell us that the need to prove the intent of 
prostitution was a significant block to achieving 
convictions.  For this reason, convictions tended to be for 
the lesser charge of pandering, which only merited a fine. 
According to the prosecutors, the new ruling provides an 
important prosecutorial tool. 
 
Comment 
------- 
 
6.  We have been promoting this legislation for over six 
months and are pleased that it was approved unanimously.  The 
new legislation greatly improves the GOG's capacity to 
prosecute traffickers.  We were also impressed by the GOG 
process used to achieve this landmark legislation.  The 
inter-agency working group on TIP legislation included a 
broad range of GOG agencies, in addition to NGOs, 
International Organizations, and this Mission.  We recommend 
this approach as a best practice, and note that the working 
group will continue to meet to refine broader legislative 
proposals in regard to TIP. 
HAMILTON