ANTI-TRAFFICKING TECHNICAL ASSISTANCE
GUATEMALA ANTI-TRAFFICKING ACTIVITY REVIEW
AUGUST 1- 6, 2005 
August 18, 2005 
This publication was produced for review by the United States Agency for International Development. 
It was prepared by Chemonics International Inc. 
The author’s views reflected in this publication do not necessarily reflect the views of the United 
States Agency for International Development or the United States Government. 
CHEMONICS INTERNATIONAL INC. 
CONTENTS
List of Abbreviations ii 
Executive Summary iii 
SECTION I Scope of the Activity Review 1 
SECTION II Scope of the Trafficking Situation 
A. Country Background 2 
A1. Trafficking Situation 2 
 B. Response 4 
B1. Government Response 4 
B2. NGO and IO Response 6 
SECTION III TIP Gaps 
A. Prevention 7 
B. Protection 8 
C. Prosecution 9 
SECTION IV Recommendations 
A. Prevention 10 
B. Protection 11 
C. Prosecution 11 
D. Recommendations for other implementers or initiatives 12 
 
Annex A Meeting Agenda 14 
Annex B Bibliography 15 
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List of Abbreviations
AAFID Agency for African Families in Distress 
AT Anti-trafficking 
ATTO Anti-Trafficking Task Order 
AVANSCO Association for the Advancement of the Social Sciences in Guatemala 
CA Central America 
CRS Catholic Relief Services 
DOJ Department of Justice 
ECPAT End Child Prostitution, Child Pornography and Trafficking of Children for 
Sexual Purposes
GOG Government of Guatemala 
ILO International Labor Organization 
ILO-IPEC ILO-International Program on the Elimination of Child Labor 
IO International Organization 
IOM International Office of Migration 
IQC Indefinite Quantities Contract 
MOU Memorandum of Understanding 
NGO Non-governmental organization 
PASCA Proyecto Acción SIDA de Centroamérica 
PNC National Civilian Police
SEPREM Presidential Secretariat for Women’s Affairs 
SOW Scope of Work 
TIP Trafficking in persons 
UNICEF United National Children’s Fund 
WLR Women’s Legal Rights 
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Executive Summary 
Trafficking in persons has emerged as a growing human rights problem in Guatemala, 
disproportionately affecting women and children. While Guatemala is a source and destination 
country for trafficking, it is mostly a transit country for victims attempting to enter the United 
States. According to the June 2005 State Department trafficking in persons report, a recent 
trend seems to be the disappearance of Guatemalan girls once they are trafficked out of 
Guatemala. There are also cases of children, who are attempting to reach their families in the 
US, being trafficked and exploited. Despite being considered a middle-income country, there is 
a polarization of the rich and poor with extreme levels of poverty in rural areas and in 
indigenous populations. Poverty is only one of many factors that contribute to trafficking in 
persons. Gender discrimination, high levels of violence, lack of awareness, and lack of 
appropriate legal responses converge to allow these “slave like” practices to continue. 
There recently has been increased political will in the Government of Guatemala to tackle 
trafficking in persons. Over the course of the last two years, the National Civilian Police force 
created a Trafficking in Persons Unit within the Criminal Investigative Service, the Public 
Ministry has created a Special Prosecutors Office for Trafficking in Persons and the Attorney 
General’s office has organized specialized anti-trafficking units throughout the country. In 
February 2005, the Guatemalan Congress passed legislation improving the legal framework to 
combat trafficking. However, there is not a comprehensive anti-trafficking law and penalties 
for traffickers remain low. Raids on bars and brothels resulted in forty arrests and six 
convictions in 2004. 
Guatemalans tend to view trafficking as a “fact of life” resulting from high levels of poverty 
and lack of opportunity. Few public awareness campaigns have been conducted to warn the 
public about the realities and dangers of trafficking. Due to the lack of data on trafficking in 
persons in Guatemala, the problem is difficult to quantify. Those interviewed for this report 
believe the problem is increasing, but it remains unclear whether this perception is due to 
increased awareness of the issue or better reporting. Available research indicates that the 
majority of trafficking victims are minors, trafficked for commercial sexual exploitation. 
However, very little is known about the trafficking of adults for commercial sexual 
exploitation or other forms of labor. 
The Anti-trafficking Task Order (ATTO) worked in collaboration with the Women’s Legal 
Rights Initiative (WLR) to conduct an activity review in Guatemala from August 1-6, 2005. 
Both of these projects are task orders funded through USAID/EGAT/WID. This anti￾trafficking activity review included a literature analysis before traveling to Guatemala and the 
interviewing of relevant government officials, non-governmental organizations (NGOs), and 
International Organizations during a field visit. The literature analysis and field interviews 
resulted in this report, which identifies gaps in programming and makes specific 
recommendations. 
Some of the gaps the consultant noted were a lack of a comprehensive anti-trafficking law, a 
lack of properly trained legal and social work professionals, and a lack of public awareness. 
To address those issues the recommendations include: 
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• Anti-trafficking public awareness campaigns
• Specialized anti-trafficking training for legal professionals, psychologists and 
social workers 
• Provision of legal expertise to develop a comprehensive trafficking law 
Resources in the anti-trafficking field are limited in Guatemala. This lack of resources makes 
it even more important to coordinate activities and utilize all available services. The 
Government of Guatemala should develop a national referral mechanism to ensure that all the 
relevant actors are working together to provide the appropriate level of support for victims and 
to pursue the prosecution of traffickers. 
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SECTION I 
Scope of the Activity Review 
At the request of USAID/Guatemala, the Anti-trafficking Task Order (ATTO) completed an 
activity review from August 1- 6, 2005. USAID funds the ATTO through the 
USAID/EGAT/WID Women in Development Indefinite Quantities Contract (WID IQC). 
Managed by Chemonics International Inc, the purpose of the Anti-Trafficking Task Order 
(ATTO) is to provide technical services and support to USAID/Washington and USAID’s field 
missions as well as supporting EGAT/WID in its role as anti-trafficking coordinator. The 
review was conducted in collaboration with the Women’s Legal Rights Initiative (WLR), 
which is also funded by the WID IQC and managed by Chemonics International. 
WLR in collaboration with EGAT/WID and USAID missions worldwide has been working to 
strengthen and promote women’s legal rights and participation by enhancing opportunities for 
women to participate in the economic, social and political dimensions of society. To achieve 
these goals, the project has coordinated with international donors and local stakeholders to 
provide strategies to identify constraints and gaps as well as to document best practices. In 
Guatemala, WLR developed a Gender and the Law program at San Carlos University and 
cooperated with the Public Ministry to increase awareness on domestic violence, including 
training prosecutors. 
Wendy Blanpied, Project Officer for the USAID/WID Anti-Trafficking Task Order, led the 
review with assistance from Lelia Mooney, Legal Specialist for the Women’s Legal Rights 
project. The objective of the technical assistance was to provide recommendations to 
USAID/Guatemala on proposed anti-trafficking programming in coordination with WLR 
activities. Building upon the success of WLR/Guatemala’s training programs and information 
dissemination on violence against women in Guatemala, the collaboration of these activities 
provided synergies between the two task orders and leveraged contacts with donors, NGOs, 
and international organizations. The assessment sought ways to utilize resources and build 
upon already existing knowledge, data, project success and lessons learned. 
The methodology used to conduct this assessment included a pre-trip analysis and literature 
review of relevant studies, reports, news articles, and other information on trafficking in 
persons in Guatemala. During the field visit, the team conducted interviews with relevant 
stakeholders to determine the nature of Guatemala’s trafficking problem, current anti￾trafficking activities and areas for improvement. The final debriefing with USAID/Guatemala 
provided preliminary findings and recommendations, while a more detailed review and 
analysis resulted in this report. 
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SECTION II 
Scope of the Trafficking Situation 
A. Country Background
Guatemala is the most populous country in Central America, with a population of 12 million 
and a high growth rate of 2.2 percent a year. It is bordered on the north and northeast by 
Mexico, on the east by Honduras and El Salvador, on the northeast by Belize, and on the South 
by the Pacific Ocean. Guatemala has some of the lowest development indicators in the Western 
Hemisphere. In 1994 the literacy rate was 71% for men and 57% for women, with an overall 
national rate of 64%. In 1995 the crude death rate was 7.4 per 1,000 population. During the 
period 1985–1995 infant mortality was 51.0 per 1,000 live births (neonatal mortality, 26.0 per 
1,000; postneonatal mortality, 25.0 per 1,000)1
. 
Despite Guatemala’s status as a middle-income country, with a per capita gross income of 
$1,740 a year, the polarization of the rich and the poor leaves 56 percent of the population 
living in poverty. Poverty and extreme levels of poverty are higher in rural areas and among 
the indigenous population, 93% of whom were living in poverty and 91% in extreme poverty 
in 1989. According to the latest statistics from the Pan American Health Organization (PAHO), 
total unemployment has remained steady at around 37%. 
In addition to poverty, gender discrimination and domestic violence in Guatemala are causes of 
trafficking. More than two million of Guatemala’s children do not attend school, most of them
girls living in rural areas. Only three of ten children graduate from sixth grade and one of 
twenty make it to high school2
. Women in Guatemala often find themselves in abusive 
relationships with their husbands due in part to the patriarchal culture, high rates of alcohol 
consumption, the poor economic situation, and the general lack of laws to prevent domestic 
abuse. While the women of the households are victims, they are not alone; children are also 
sexually and physically abused, often leading them to abandon their homes. 
A1. Trafficking Situation 
Trafficking in persons has recently emerged as a growing human rights problem in Guatemala, 
which the United States Department of State categorizes as a source, transit, and destination 
country for Guatemalan and other Central American women and children. In particular, the 
trafficking of minors appears to be significant. Due to the lack of any significant research on 
the topic, reliable estimates are difficult to obtain, but a 2002 UN report estimated 2,000 
minors in prostitution in Guatemala City alone. In addition to trafficking for the purposes of
sexual exploitation, the US Department of State reports trafficking for forced labor, mainly 
involving children used in begging rings. 
 
 
1
 Pan American Health Organization website http://www.paho.org/english/sha/prflgut.htm 2
 USAID website:http://www.usaid.gov/locations/latin_america_caribbean/country/guatemala/index.html
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Trafficking in persons in Guatemala stems from poverty and a lack of viable employment 
opportunities. The Guatemalan Ministry of Foreign Affairs reported that 40% of Guatemala’s 
households are fatherless, headed by a single woman. Women in Guatemalan society also hold 
a low status and lack rights, including economic rights. This creates an increase in poverty, 
resulting in the inability of some children to attend school. Instead, the children have to work 
to help support their family. Interfamilial sexual and physical abuse caused by lack of rights of 
women and children and the patriarchal society has led children and adolescents to abandon 
their homes in the hope of work elsewhere or out of sheer desperation. 
 
Trafficking in children and underage prostitution is known to be a significant problem along 
Guatemala’s border with Mexico and El Salvador. Children looking to join their parents, in 
addition to others who seek better opportunity in the United States, often end up at the 
Guatemala and Mexican border forced to pay coyotes3
 to help them make the journey. 
However, they more often end up trafficked or exploited in Mexico while others, who do make 
it to the United States are further exploited by the coyotes or their new employers. Very little is 
known about the scope of the problem along the borders with Belize and Honduras. 
The Guatemalan municipalities with
the highest rates of trafficking along
the borders of Mexico and El
Salvador are the following: El 
Salvador- Jutiapa, and the 
municipalities of San Cristóbal, 
Asunción Mita, Jalpatagua; Mexico￾San Marcos and Huehuetenango 
(departments on the border of 
Mexico) and the municipalities 
Tecún Umán, Malacatán, Catarina
and Mesilla. 
According to USAID/Guatemala, 300,000 people cross 
the border annually through Jutiapa and Tecún Umán; 
60% of the victims in Tecún Umán are Hondurans and 
very few of them receive any form of assistance. 
According to the director of the NGO End Child 
Prostitution, Child Pornography and Trafficking of 
Children for Sexual Purposes (ECPAT), the majority of
victims trafficked into Guatemala are from El Salvador, 
followed by Honduras and then Nicaragua. Furthermore, 
ECPAT believes that many underage boys from
Honduras are being trafficked into the commercial sex 
industry in Guatemala. 
Most NGOs and government officials interviewed during the assessment emphasized the 
strong correlation between the trafficking in persons, legal and illegal migration, drug 
trafficking, organized crime and gang violence in the country and the region. In addition, the 
trafficking routes are often the same as the routes that migrants and criminals take. 
More is known about the victims being trafficked into Guatemala than those victims who are 
being trafficked out of the country. Some interviewees expressed concern over the lack of 
coordination with other Central American countries in terms of reporting Guatemalan victims 
and repatriation. Unfortunately, there is very little known of the Guatemalan children who have 
left Guatemala and are feared missing. 
The limited information available on trafficking in Guatemala is focused on the trafficking of 
minors for commercial sexual exploitation. Women are also trafficked for commercial sexual 
exploitation, but there is very little data to quantify the magnitude of the problem. Prostitution 
 
3
 Smugglers who bring immigrants into the United States illegally, often charging excessive prices for their passage.
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is legal in Guatemala, thereby making it difficult to determine those who were trafficked into 
sexual exploitation. 
Anecdotal information exists suggesting that minors are trafficked to work in begging rings in 
Guatemala City, but concrete evidence to support this phenomenon is not available. In 
addition, it is known that minors, especially young girls, are trafficked to work as domestic 
servants in other person’s homes. Anecdotal information suggests that there may be a high 
incidence of indigenous girls working as domestic servants and suffering from both sexual and 
physical abuse. 
B. Response 
B1. Government Response 
The Government of Guatemala has recently shown increased efforts in combating trafficking. 
In early June 2005, the US State Department ranked Guatemala as a tier two country4
 with the 
release of their annual Trafficking in Persons (TIP) Report. Last year Guatemala was ranked 
on the tier two watch list5
. The TIP report attributes this upward movement to the increased 
efforts by the Government of Guatemala (GOG) to rescue minors from commercial sexual 
exploitation in bars and brothels and the implementation of a Memorandum of Understanding 
(MOU) between Mexico and Guatemala. 
The Government of Guatemala has mobilized prosecutors and police as part of an aggressive
policy to convict traffickers. In 2004, the National Civilian Police (PNC) created a Trafficking 
in Persons Unit within the Criminal Investigative Service. The Public Ministry created a 
Special Prosecutors Office for Trafficking in Persons. Both the National Civilian Police and the 
Attorney General’s office have set up specialized anti-trafficking units throughout the country. 
The PNC and the Special Prosecutors Office for the Trafficking in Persons also work in 
conjunction with the NGO, Casa Alianza, conducting raids of bars, brothels and other 
establishments where minors are being sexually exploited. At the time of the release of the 
U.S. State Department TIP report in June 2005, the brothel raids had resulted in forty arrests 
and six convictions. 
As of the beginning of November 2004, the Public Ministry reported 40 legal proceedings with 
36 people being committed for the crime of corruption of minors, contracting illegal migrants 
and trafficking in persons. Six sentences were issued for the crime of aggravated procurement. 
Also since the beginning of November 2004, 16 minors have reportedly been rescued. The 
government body, General Migration is working with the International Organization of 
Migration on a procedures manual to identify and monitor persons who frequently travel with 
minors and adolescents. 
 
4
 Tier 2 countries do not fully comply with the Act’s minimum standards but are making significant efforts to bring themselves
into compliance with those standards. 5
 Tier 2 Watch List countries do not fully comply with the Trafficking in Victim’s Protection Act’s minimum standards but are 
making significant efforts to bring themselves into compliance with those standards, and a) The absolute number of victims of 
severe forms of trafficking is very significant or is significantly increasing; b) There is a failure to provide evidence of 
increasing efforts to combat severe forms of trafficking in persons from the previous year; or c) The determination that a 
country is making significant efforts to bring themselves into compliance with minimum standards was based on commitments 
by the country to take additional future steps over the next year. 
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The Ministry of Foreign Affairs and Ministry of Social Welfare have both taken steps to 
coordinate efforts on trafficking between the government and civil society through the 
formation of trafficking working groups. The Ministry of Foreign Affairs formed the Inter￾Institutional Group to Combat Trafficking in Persons and Illegal Migration in 2004 and later in 
the year developed a national strategy on trafficking in persons and illegal migration. The 
Ministry of Social Welfare created the National Commission for the Prevention and 
Eradication of Commercial Sexual Exploitation of Girls, Boys, and Adolescents in Guatemala. 
In 2004, the Ministry of 
Foreign Affairs initiated
dialogue with other Central 
American (CA) countries on 
the design and negotiation of 
anti-trafficking cooperation 
agreements. The Ministry of 
Social Welfare currently runs 
a temporary shelter and has 
received funding from the US 
State Department to open a 
permanent shelter for 
trafficking victims in 
Coatepeque, San Marcos. The 
Ministry of Social Welfare is 
also developing a digital 
communication project with 
other Central American 
countries where any 
suspicious information on 
children found outside of their 
country of origin can be reported, leading to their monitoring and repatriation. 
Art 194: Guatemalan Penal Code:
Whoever in any form promotes, induces, facilitates, finances, 
collaborates or participates in the transport, transfer, acceptance, or
reception of one or more people through the threat, use of force or 
other forms of coercion, abduction, fraud, trickery, abuse of power,
kidnapping or abduction, or of a situation of vulnerability or to the
concession or reception of payments or benefits to obtain the consent 
of a person having authority over another, with the end result of sexual 
exploitation, shall be sanctioned with a penalty of six to twelve years of
prison. 
An equal penalty occurs when one, availing them self of the aforesaid 
circumstances in the previous paragraph, submits another person to 
begging, forced labor, servile marriage, irregular adoption, slavery or 
practices similar to this. 
The penalty increases when the victim is under age, has a disability or 
is a senior. 
When the victim is underage one will be charged with this crime even if 
it does not occur under any of the forms listed in the first paragraph of 
this article. 
If in doing the described above the victim receives wounds, the penalty
will increase by two thirds; in the case of the victim’s death the 
corresponding penalty will be applied. 
 
In February 2005, the Guatemalan Congress approved a penal code reform to strengthen the 
government’s efforts to combat trafficking in persons and increase penalties for traffickers. 
The new language added to Article 194 of the penal code gives a much broader and more 
effective definition of trafficking aiding police, prosecutors and judges to convict traffickers. 
Despite these efforts, the Government struggles to identify and assist adult victims thereby 
hampering criminal investigations. Undocumented foreigners, including trafficking victims 
are subject to deportation and may be given 72 hours to depart. The Government has 
undertaken some limited public awareness campaigns to warn individuals of the risks of 
trafficking, but they continue to struggle to conduct a long-term sustainable prevention 
campaign. 
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B2. NGO and IO Response 
Guatemalan civil society and international organizations have been active in the fight against 
trafficking in persons. Due to the large scope of the problem, there are not enough resources or 
organizations working on the important issues of protection, prevention, rehabilitation and 
repatriation of trafficking victims. 
Casa Alianza, a regional NGO working with neglected children, joined the fight against child 
trafficking in Guatemala eight years ago. They are very involved in the rescue, protection, 
rehabilitation, and prevention of child trafficking. Casa Alianza has conducted bar and brothel 
studies and assisted the police and special trafficking prosecutors office in conducting raids 
where minors have been found to be working. In addition, they provide shelters for child 
trafficking victims, assisting in their rehabilitation and safe return, when the situation is
deemed secure. Casa Alianza provides psychological and educational services to victims. 
These services assist them in coping with their experience and receiving appropriate education. 
Casa de la Mujer, located on the Guatemala/Mexico border town of Tecún Umán, provides 
temporary shelter and vocational training services for at-risk women, including adult victims of 
trafficking. The PASCA project, a Guatemalan organization funded by USAID, which 
provides assistance to HIV/AIDS victims, has been instrumental in expanding Casa’s role into 
a vocational training institute. Casa also provides women with legal aid services, psychosocial 
support, and medical attention. 
ECPAT, an NGO with a worldwide network of over 30 NGOs, has increasingly focused on the 
issue of sexual exploitation and trafficking of children in Central America over the past several 
years. They have provided protection, prevention and training services in Guatemala and are 
also working with the Ministry of External Affairs’ Inter-Institutional Group on Trafficking in 
Persons. ECPAT/Guatemala has also designed and developed materials on appropriate laws 
and basic procedures for police and other law enforcement officials when intervening with 
child and adolescent trafficking victims or those at risk of becoming victims. 
UNICEF operates both regionally and in Guatemala dealing with the issue of child trafficking. 
They developed a regional mapping exercise to determine the major trafficking routes. As a 
result of this mapping, anti-trafficking activities will be better targeted and traffickers easier to 
identify. UNICEF collaborated with the GOG in the adoption off the new penal code on 
trafficking. 
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SECTION III 
TIP Gaps 
While Guatemala has made significant improvements in their response to trafficking, much 
remains to be done. Perhaps the biggest gap is a lack of public awareness and sensitization to 
the issue of trafficking in persons. Despite the efforts of the government and civil society, the 
public has not accepted trafficking in persons as a significant problem. The judiciary and social 
workers lack sufficient knowledge of the psychology of victims and how to respond 
appropriately to them. Victims not only need to be accurately identified, but they need to be 
rehabilitated and repatriated to their country of origin. Guatemala lacks a comprehensive 
trafficking law that adequately penalizes traffickers and protects victims. Detailed below are 
gaps in anti-trafficking programming, categorized by the three P’s- prevention, protection, and 
prosecution. 
A. Prevention 
• Lack of public awareness on what trafficking is and its dangers 
• Failure to address root causes including viable economic opportunities, access to 
education, and gender disparities 
• Insufficient research on TIP in several geographic areas of Guatemala and among 
certain groups such as women and indigenous population 
The Guatemalan public has had very little exposure to any anti-trafficking awareness raising 
activities. ECPAT and UNICEF have conducted some anti-trafficking general awareness 
raising activities in Guatemala, but during the field visit, the team saw no visible evidence of 
on-going awareness activities. Currently the population does not view trafficking, even the 
trafficking of children, as a problem. It is considered a reality in a country with a high rate of 
poverty such as Guatemala. Fortunately, both the government and civil society sector agree 
that a large-scale prevention campaign is needed in Guatemala and discussions are underway 
to coordinate this effort. 
From the information gathered, there was little evidence of prevention activities targeting 
vulnerable groups. Casa Alianza and Plan International have been running a pilot program “La 
Adventura de la Vida,” targeting at-risk youth ages 8-11 on issues of self-esteem, drug use and 
sexual and physical exploitation. The National Commission for the Prevention and Eradication 
of Commercial Sexual Exploitation of Children and Adolescents in Guatemala developed a 
prevention program highlighting the sexual abuse of children within their own homes, in 
collaboration with ILO/IPEC and ECPAT. Based on the interviews, little more was found to 
exist in the way of anti-trafficking prevention. These gaps leave many vulnerable groups 
without the necessary support to avoid exploitation. 
Most interviewees agreed that there is a lack of information on the scope, incidence, nature and 
geographic location of TIP in Guatemala. The most widely available information is focused 
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solely on the commercial sexual exploitation of minors. Information is also lacking on the 
trafficking of indigenous populations. Indigenous groups are known to be trafficked into 
domestic servitude, but anecdotal information suggests that they are also trafficked for 
commercial sexual exploitation. If true, this is a troubling scenario given that they are one of 
the most vulnerable of groups in Guatemala, due in large part to cultural and language barriers. 
Foreign women who are found to be working in commercial sexual exploitation illegally or 
living in Guatemala are treated very differently than minors. Authorities fail to make the 
appropriate classifications as to whether they are victims of trafficking, smuggling or migrants. 
It is generally presumed that they have migrated illegally or been smuggled, both of which are 
significant problems in Guatemala. When discovered by the police, undocumented foreigners, 
whether they have been smuggled or trafficked, have 72 hours to leave Guatemala. 
USAID/Guatemala noted the lack of knowledge on trafficking along the border with Honduras. 
Information on trafficking is needed in the border areas, most particularly the border with 
Belize. In addition, there is anecdotal information suggesting that there are a number of forms 
of trafficking in the Petén, which borders Belize and Mexico. The Petén is known to be the 
least developed region in Guatemala and law enforcement is weak. 
 
B. Protection 
• Lack of knowledge among social workers on appropriate victim response 
• Need for additional shelters offering protection and medical services for TIP victims 
• Lack of repatriation protocols with other CA countries 
There are too few organizations offering rehabilitation services to trafficking victims. In 
addition, social workers and psychologists working with victims of trafficking are lacking in 
training and numbers throughout the country. Casa Alianza provides protection and support 
services for children and youth in their shelters, while Casa de la Mujer provides a shelter and 
services for women. The Ministry of Social Welfare will soon be opening a shelter with 
support from the U.S. Department of State. Shelters to house victims and provide support 
services are severely absent where they are needed most, near the border regions. 
Interviewees noted the lack of coordination with other sending and receiving countries in CA, 
with the exception of Mexico. Currently, there is no referral network with the governments of 
CA countries and repatriation is the responsibility of the consulate. According to ECPAT, 
many Guatemalan girls have gone missing and while they may be located in other CA 
countries, no action has been taken to repatriate them. Guatemala has taken a first step with 
Mexico by initiating a new anti-trafficking MOU. However, little has been done to implement 
the provisions of the MOU. In addition to the lack of coordination, those interviewed noted the 
variation in the level of lack of political will and acceptance of trafficking as a phenomenon in 
CA countries. The Ministry of Foreign Affairs recognizes the need to fill this void by 
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formulating anti-trafficking protocols with other CA countries and defining clear rules of 
conduct when victims are found in their country. 
C. Prosecution 
• Lack of knowledge on TIP among judges, magistrates, and other law enforcement 
agents working with victims 
• Lack of mechanisms to gather data on trafficking and monitor the TIP situation by 
police and border guard officials 
• Lack of appropriate anti-trafficking legislation 
 
Judges and lawyers have not been sensitized to the subject of trafficking and continue to view 
victims as criminals. This lack of understanding and sensitivity is detrimental to the legal 
process, discouraging victims from reporting and pursuing cases. The judiciary tends to blame 
victims and lacks an appreciation for the suffering of those who fall prey to traffickers. 
The Public Ministry, the Presidential Secretariat for Women’s Affairs, and Casa Alianza all 
noted the need for better intelligence gathering and monitoring of trafficking victims. These 
tasks should be better organized and maintained by the special police units dealing with 
victims and border guards. Police lack sufficient training to understand how to differentiate 
victims of trafficking, from smuggling victims or migrants. 
The recent amendment criminalizing trafficking was a big step forward towards combating 
trafficking. However, most interviewees agree that the law is too general and very limited in 
scope. Sentences under the new law are considered low based on the horrendous nature of this 
crime. 
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SECTION IV 
Recommendations
This activity review identified a number of areas where increased anti-trafficking responses are 
appropriate. As with any issue that is new, research into the specifics of the phenomenon and 
raising public awareness are key. Additional legislative initiatives need to be undertaken to 
strengthen law enforcement capability to combat this modern day form of slavery. Specialized 
training will improve the capabilities of both legal and social work professionals so that they 
may respond appropriately to victims needs. Emerging from the gaps identified through this 
review and taking into consideration the recommendations of government officials and civil 
society the consultants recommend the following anti-trafficking interventions. These 
recommendations are organized by the three P’s- prevention, protection and prosecution. 
 
A. Prevention 
• Research into the incidence and nature of trafficking in persons in geographic areas not 
previously studied including the Petén area, the Honduras/Guatemala border, and the 
border area with Belize
• Awareness raising activities on TIP
In order to respond to the dearth of information in geographical areas of Guatemala, it is 
recommended a research study be conducted. This task would be most effective utilizing two 
researchers with different areas of expertise, to capture both the legal and social perspectives of 
this issue. The researchers should be local consultants with expertise in trafficking and research 
methodology. One consultant should be a legal expert with trafficking expertise, preferably 
from working with victims, while the other should have a social work background and 
experience in counseling victims. By merging the legal and social aspects, the ATTO and 
WLR could collaborate to identify consultants and develop appropriate survey tools. 
For effective data collection, the researchers should be fielded to the regions where suspected 
trafficking activity is occurring. They should identify the locations of rescued trafficking 
victims and attempt to interview as many of them as possible. The researchers should also 
interview local law enforcement authorities and others working with victims, not only to gain 
their perspective but also for leads to reach actual victims. The best time to elicit information 
from victims is once they have been discovered by the police, through rescue missions or in 
shelters where they are undergoing rehabilitation. 
When conducting this study, researchers would need to elicit information from victims that 
will lead to an understanding of the scope and complexity of the problem. The research team
should design a quantitative survey prior to beginning their field research that would include 
information about victim’s country of origin, age, ethnicity, sex, the situation they led to their 
leaving, where they believed they were headed, etc. Conducting an in depth study is the first 
step to developing programming that targets victims and their traffickers more effectively. 
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WLR developed and is currently implementing a domestic violence campaign in Guatemala. 
The WLR campaign materials contain information on trafficking. One of the root causes of 
trafficking is family violence, with people falling victim to trafficking in an attempt to escape 
the violence. It is recommended that the ATTO and WLR collaborate to expand this on-going 
awareness campaign by developing more specific information on trafficking in persons, its root 
causes, and ways for people to protect themselves from becoming a victim. This Domestic 
Violence campaign also utilizes radio and television media and the same methods and 
audiences could be targeted for an anti-trafficking awareness campaign. 
In general, despite on-going efforts to increase awareness, more needs to be done to reach out 
to at-risk youth and their parents in urban, tourist and border regions. Prevention activities need 
to address the root causes of trafficking, such as poverty, interfamilial abuse, lack of education, 
lack of job opportunities and the low status of women and children. The Vice Minister of 
Foreign Affairs, Marta Altolaguirre, stressed the need to tackle these root causes of trafficking 
with a particular emphasis on supporting single mother households. 
B. Protection 
• Specialized trafficking training for legal professionals, psychologists and social workers 
Judicial and social services professionals, who are appropriately trained, are essential to protect 
victim’s rights and ensure their physical and mental health. These professionals need 
specialized training to identify victims and to deal with their emotional and physical traumas. 
Social workers and psychologists need to work closely with police, courts, NGOs, and the 
government to develop referral mechanisms for victims. After victims have been properly 
evaluated, they should be referred to support and protection services that will ensure their 
rehabilitation and prevent further re-victimization. It is imperative that a referral mechanism be 
developed and that the various actors work together to leverage their resources. There is a 
shortage of physical resources and trained personnel in this field, making it even more 
important to coordinate activities and ensure that victims, women and children particularly, are 
offered the necessary support services. 
To improve the technical capacity of these professions, the ATTO can build upon the previous 
training activities completed by WLR/Guatemala. A one or two week training on trafficking in 
persons for social workers and psychologists, resulting in a certificate, could be linked to 
WLR’s Master’s program in Gender and the Law. Participants from the master’s course 
should be encouraged to participate in the trafficking certificate program as an optional add-on 
to their current program. Additionally, specialists can be solicited to attend the training from
the regions of Guatemala where significant trafficking is suspected. Participants in the training 
program should be encouraged, if not required, to develop an anti-trafficking activity to be 
completed in their home region. These activities may include providing legal services to 
victims or counseling services in a local shelter. 
C. Prosecution 
• Specialized trafficking awareness training for AT law enforcement units and prosecutors 
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• Completion of specific anti-trafficking legislation
Additional training should be provided for special anti-trafficking law enforcement units to 
increase their capacity to combat this issue. These officers need specialized training in victim
identification (to recognize the differences between a trafficking victim, smuggling victims, 
and migrants), awareness of the causes of trafficking, the psychology of victims, victim’s legal 
rights, and appropriate referral mechanisms. These police officers need to recognize the 
victims' needs and coordinate with NGOs and other government agencies to provide support 
through shelters or rehabilitation programs, rather than immediately deporting victims and 
thereby losing their prosecution witness. 
To provide this type of training, ATTO and WLR can cooperate with civil society groups who 
have worked on this issue, including ECPAT. ECPAT has already developed materials for law 
enforcement officials detailing legal provisions and the rights of victims. However, additional 
materials need to be developed focused specifically on victim/witness protection and referral 
mechanisms. In addition to developing materials, ATTO and WLR could collaborate to 
develop and conduct pilot training sessions for both prosecutors and special anti-trafficking 
units. These trainings would build on the domestic violence trainings already completed for 
prosecutors throughout the country. A team of trainers was developed for the Domestic 
Violence program and could be utilized for the anti-trafficking trainings. 
The new trafficking provision in Article 194 is a step forward in combating trafficking. 
However, those interviewed agreed that the law is very general and limited in scope. One 
particular complaint was that the sentences imposed for the crime of TIP is too light. The 
Public Ministry and the Special Prosecutors Office on Trafficking both acknowledged the 
penal code’s limitations and a desire to make improvements to it. A legal specialist could be 
fielded to provide legislative expertise to Ministry officials and NGO representatives who 
would draft the legislation. This specialist could ensure that the legislation is comprehensive 
and in compliance with international trafficking protocols. 
D. Recommendations for other implementers or initiatives 
• Specialized training of law enforcement officials on information gathering and 
investigative techniques 
• Coordination of GOG, NGOs and IOs working on TIP 
• Regional coordination and trafficking protocols 
 
The Public Ministry, the Presidential Secretariat for Women’s Affairs, and Casa Alianza all 
discussed the need for better intelligence gathering and monitoring of trafficking victims by the 
special police dealing with victims and border guards. In order to properly monitor the 
trafficking situation and gather intelligence, the police need to be able to recognize a victim as 
such. Casa Alianza currently conducts raids in coordination with the PNC; however, these 
raids are often unsuccessful due to a lack of technical training for officers. Police officers need 
better techniques and monitoring systems to successfully combat trafficking. In addition, more 
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police officers, trained in trafficking, are needed on border areas and in more remote regions of 
the country. Improved cooperation and intelligence gathering among the police and border 
guards could lead to more successful raids and rescues, thereby decreasing the number of 
trafficking victims and leading to more prosecutions. As this type of training is focused on 
police operations, it is more appropriately left to Department of Justice Initiatives such as the 
International Criminal Investigative Training Assistance Program (ICITAP) or other law 
enforcement programming. 
The lack of coordination among the GOG, IOs and NGOs working on TIP was very apparent 
and acknowledged by groups interviewed during this activity review. According to some of the 
interviewees, the lack of government and civil society coordination is a problem in Guatemala. 
Despite the concerted efforts of the Ministry of Foreign Affairs and the Ministry of Social 
Welfare to develop trafficking working groups, more needs to be done, such as setting a 
timeline and identifying specific responsibilities of each group. They also need to coordinate 
on larger efforts such as awareness raising. The Ministry noted that an awareness raising 
campaign is on the working group agenda and there are plans to address it in the near future. 
The Government of Guatemala should develop a national referral mechanism to include all 
relevant actors and ensure an efficient and complete support system. Many countries have 
developed successful referral mechanisms to combat TIP and those models are readily 
available. Given the wide impact of this type of crime, it is necessary to have significant 
coordination among law enforcement, courts, and social services. 
An even greater challenge is coordinating all of the CA countries to develop a regional anti￾trafficking strategy with protocols for repatriation and prosecution. Every country has different 
laws with different levels of sophistication. Coming together to develop a strategy will be a 
challenge, but is much needed, as repatriation efforts to date are minimal. 
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ANNEX A 
 Guatemala Anti-Trafficking Interviews
Name Position Organization 
Dr. Lucrecia Castillo HIV/AIDS Project 
Development Specialist 
USAID 
Juana Valin Coordinator of TIP Project PASCA-USAID 
Oscar Chavarria Rule of Law Advisor USAID 
Maria Eugenia Villareal Director and Technical 
Coordinator 
ECPAT 
Marta Altolaguirre Vice-Minister, and Leader 
of Inter-institutional 
government group 
Ministry of External Affairs 
Dora Giusti Assistant of Programs UNICEF 
Arturo Echeverria National Director and 
Leonel Bendfeldt, Director 
of Programs 
Casa Alianza 
Lucrecia Oliva Coordinator of Strategies 
and Political Priorities 
CRS 
Lane Bunkers Director CRS 
Hugh Aprile Deputy Director CRS 
Carlos Gonzales Consultant International Organization 
for Migration 
Clarissa Gonzalez Lopez Head of International 
Cooperation 
Public Ministry 
Esteban Garcia Assistant Prosecutor The Women’s Prosecutors 
Office 
Alexander Galop Special Prosecutor The Trafficking in Persons 
Prosecutors Office 
Gabriela Nunez, Secretary for Presidential 
Secretariat for Women’s 
Affairs 
Presidential Secretariat for 
Women’s Affairs 
(SEPREM) 
Annabethsy Leonardo Trafficking Specialist Presidential Secretariat for 
Women’s Affairs 
(SEPREM) 
Ariel Ortiz Dean University of San Carlos of 
Guatemala 
Alvao Diaz Secretary of Faculty of 
Agronomy 
University of San Carlos of 
Guatemala 
Ronalod Flores FSN Political Analyst Embassy of the United 
States 
Sara Palaya Foreign Service Officer Embassy of the United 
States 
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ANNEX B 
 Bibliography 
No Protection, no Justice: Killings of Women in Guatemala. (June 2005) Amnesty 
International, Stop Violence against Women. 
Casa Alianza, Guatemala. (June 17, 2005) Minors continue to be Victims of Sexual 
Exploitation. 
Centro de Noticias Las Naciones Unidas (ONU). (Mayo 15, 2005) Unicef capacita a 
operadores contra turismo sexual. 
Henschel, B. (2003) The Assessment of Commercial Sexual Exploitation of Children: A Review 
of Methodologies. Understanding Children’s Work. 
El Traficó de Mujeres y Niños para la Explotación Sexual Comercial en las Américas, 
Evaluación del País Guatemala. (2003) International Human Rights Law Institute, Depaul 
University College of Law and La Comición Interamericana de Mujeres y el Instituto
Interamericano del Niño de la Organización de Estados Americanos. 
Directorio de Instituciones que Trabajan en la Eliminación de la Explotación Sexual 
Comercial de Personas Menores de Edad en Guatemala. (2003) ILO/IPEC. 
Explotación sexual comercial de niños, niñas, y adolescentes en Guatemala. (2003) Oficina 
Internacional de Trabajo, Programa Internacional Para la Erradicación del Trabajo Infantil 
(ILO/IPEC). 
Segura Galindo, B. (2004) Ojos que sí ven, Corazón que sí siente. ILO/IPEC. 
Trafficking In Persons Report (June 2005) United States Department of State. 
http://www.state.gov/g/tip/rls/tiprpt/2005/46613.htm
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