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6 Conclusion
Globalization has impacted in the development of Transnational Organization Networks that have facilitated the communication and ways to transport victims from one continent to another. Human trafficking is currently the second largest criminal market in the world. Human trafficking traders make more capital annually than the largest enterprises such as google and nike put together. Victims extend beyond women and children but also to men. Every continent has different forms of human trafficking, different reasons why victims are deceived and different flows by which they are trafficked.
As a global issue, a huge amount of information is available on human trafficking forms, trafficking flows, trafficking networks and victims’ profile. Although, for regional studies most information is focused in Europe and Asia forgetting about Latin America were the issue is as extreme as in other continents. In Latin America region, there is a strong linkage between human trafficking and migration. Migration flows in Latin America are mostly from South to North using Guatemala as their transit country to Mexico or the United States. According to the 2012 UNODC report on TIP victims were trafficked inside the region.
Guatemala showcased of a long and brutal civil war impacting more than half its population mostly indigenous. Its geographical location bordered with Mexico makes Guatemala border one of the busiest borders in Central America. The transportation of goods, legal immigration, drug trafficking and human trafficking routes are transited through Guatemalan border to Mexico border into the United States.
There are four events that had domino effect in Guatemalan that have contributed to human trafficking. The first was in the time when Arbenz was president. Arbenz tried to redistribute uncultivated land owned by the United Fruit Company to Guatemalan
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farmers. The United States decision to overthrow Arbenz with the help of a military hero (Castillo Armas) left the civil society in discontent and disorder. Second, after the assassination of Castillo Armas, farmers and civil society unite forming different rebel left wing groups against the military regime. The military regime with United States supported with arms caused massive deaths, disappearances, indigenous communities totally burned and destroyed. Third, the first wave of immigration was caused by the civil war. Many Guatemalans tried to flee to find asylum in neighboring countries such as Belize, Mexico and Honduras. Fourth, women suffered from discrimination during the war. Women were raped and used for sexual purposes. All of these events had an effect on the population not being able to be secure in their own country and have an opportunity to work or get education.
The studies of UNODC, ECPAT, Casa Alianza, IOM, SVET, and PDH in Guatemala prove the most prominent forms of human trafficking that are most prominent include sexual exploitation, pornography, sex tourism and force marriages. Main victims of human trafficking in Guatemala are adolescents and children. Even though we live in a modern world where the empowerment of women is rising with equal rights, in some parts of the world still men believe they have ownership and authority above women. In Guatemala, indigenous populations are the most vulnerable for human trafficking. The role of Guatemala’s women during the war was used a domestic servitude and for sexual purposes.
In Guatemala the main forms of human trafficking occur through someone in the family of the victim or lives in the community. Most of the victims that are trafficked are from departments that are neighbor with other countries. Also, most of the projects that are implemented but INGOs and NGOs are located in the same
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departments. These are Petén, Huehuetenango, Izabal, San Marcos, Quetzaltenango, Escuintla, Zacapa, and Jutiapa among others.
Guatemala has been a party of international conventions that fight against human trafficking. Guatemala ratified the Protocol to Punish, Prevent and Suppress Trafficking in Persons especially Women and Children in 2003. Guatemala is also part of the U.S. TVPA law. From the Tier rankings from 2000 to 2014 Guatemala has been between Tier 2 and Tier 2 watch list. This can be interpreted as Guatemala has just tried to maintain its position in the middle range complying with at least one of the minimum standards to combat human trafficking. The government has not demonstrated its full efforts in complying with all the standards to get in Tier 1.
Guatemala also ratified the Universal Declaration of Human Rights in 1948. Further on, ratifying the Convention on Children Rights in 1990 and the Convention to Elimination all forms of discrimination against women in 2001. Affirmatively, Guatemala has laws that can protect women and children’s human rights as well as prosecute those who commit crimes against them.
Not only has Guatemala ratified International Conventions that fight against human trafficking but also regional laws as well. The Organization of American States has created a section to combat human trafficking. They also enacted the Inter-American Convention on International Traffic on Minors in 1994. Moreover, thy ratified the Inter-American Convention to Prevent, Punish and Eradicate Violence against Women being ratified by Guatemala in 1995. The OAS also works jointly with INGOs and NGOs combating human trafficking regionally. They receive advocacy and advice from INGOs and NGOs where they are participants in the OAS meeting to support projects.
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In the national perspective the most important laws that Guatemala government has adopted are the Adoption Law in 2007 and the Law against Sexual Violence, Sexual Exploitation and Human Trafficking in 2009. Before 2007 children were illegally adopted many time taken from their mothers where many doctors, nurses and other actors participated in illegal adoptions. The 2009 law against human trafficking was a necessary step for the government to fight human trafficking. It is noted that after these law INGOs and NGOs implemented more anti-human trafficking projects.
In Guatemala, there are two channels where the government combats human trafficking. One is through the Inter-agency of governmental institutions. These involves only government institutions that created specialized offices to combat human traffickers. They have specialized judges, lawyers and offices just focusing in human trafficking crime. Second, a Network against Human Trafficking was created by ECPAT Guatemala where different institutions, IGOs, INGOs and NGOs participate. The development of the network was a contribution by ECPAT starting with the draft of the Law against Sexual Violence, Sexual Exploitation and Human Trafficking in Guatemala. After the law was enacted donors such as the United States wanted to support Guatemala combating human trafficking. They chose INGOs and NGOs. Also, the government needed experts in anti-human trafficking to teach them how to manage the issue.
From the studies and interviews it was found that machismo in Guatemala still is predominant. Indigenous population are still discriminated specially women. The education in the communities is very poor. The level of knowledge about laws against human trafficking and their forms such as: sexual abuse, forced marriage, sexual exploitation and the use of children and adolescents for pornography are non-existent.
Most of the people in the communities believe that forced marriages and pornography
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are normal activities. In the communities there are also sexual and physical abuse to adolescents and children. In the communities people prefer not to speak about sexual of physical abuse. Another issue is that feminicide is increasing in Guatemala. More women are being murdered than men and it is increasing every year.
Findings of PPP in Guatemala can include, a positive response on the government’s side on receiving training on human trafficking. All NGOs interviewed have worked with the government on human trafficking, training government institutions that are involved in the legal process and victims assistance. NGOs and INGOs work individually when implementing their projects. They have individual projects which they plan every year. The network against human trafficking is used just for lobbying not to implement projects. Just in the case that one NGO needs the support of another it will also they may share their projects to avoid duplicity. NGOs have a strong will to combat human trafficking. For the NGOs personnel to go to the communities and train the people is a very risky task. The NGO employees go to communities were traffickers live as well making it difficult for the trafficker to do its job.
NGOs provide temporary shelters for children and adolescents. Although, the NGOs not only provide safety to children, NGOs also think about food, education, clothing, and psychological and physical care. For this, the NGO has to have the financial resources to do so. From the reports of the Human Rights Prosecutor Office there is a lack of information in the NGOs assistance of victims. Victims are mentioned as being identified but not if they were assisted by any NGO or a follow up of these victims. This information is necessary to make sure that the complete process on the victim’s assistance in being done. Furthermore, high officials may be enabling human trafficking and they are not prosecuted or convicted.
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The differences between the NGOs and IGO interviewed are the following: In assistance, the IOM only repatriates the victim to Guatemala or to the country of origin. La Alianza and El Refugio provide a temporary shelter and advocate the children they attend. In contrast, ECPAT makes home visits; they do not have a shelter to assist victims. ECPAT goes to their homes and supports the victims providing the basic needs. In donations, IOM and El Refugio donations have come from mainly USAID. La Alianza has had private enterprises as donors mainly fro the U.S. ECPAT, has count with a diverse group of donors. From NGOs from Denmark, United States Embassy, the government of Guatemala and IOM among others. In experience on human trafficking ECPAT has had the most experience in Guatemala since 2000 to the present. La Alianza begin its work with street youth in 2009 and in 2010 started to work in human trafficking. IOM also starts its work on human trafficking in 2010.
Obstacles found in combating human trafficking were also found during the study.
Convictions by human trafficking judges to human traffickers so far are very light.
Human traffickers punishment is from 8 to 14 years on prison. So far, human traffickers have been punished for 5 or less, and with good behavior, can be released in less time. Furthermore, they have the right to pay bail out leaving them free to continue committing illicit activities. A big problem is also when prosecuting human traffickers sometimes human traffickers are accused of other crimes and not the crime they committed. This happens because judges have not fully understood human trafficking as a crime. Judges have not been convinced human trafficking as a law and judges, perceive the crime as another type of crime leaving behind the crime committed as human trafficking. Another problem is, that police sometimes does not complete the process of investigations of human trafficking cases. It has been
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mentioned by INGOs that even though they have been trained they skip a step or do not complete the process efficiently or accurately causing the whole investigation to be misinterpreted. Also, there has not enough promotion of protection laws from the government to Guatemalan citizens. During the studies made by ECPAT it was found that most of the people in the communities did not know that being forced to marriage is illegal or parents do not know that selling their daughters is illegal. The existence of these laws protects Guatemalan citizens although these rights are not exercised by the whole community due to the lack of knowledge in different parts of the country.
Moreover, the corruption by high rank officers and custom officials has enabled human trafficking to continue in Guatemala. Human trafficking has had the involvement of officials especially in custom borders where victims have been trafficked through the borders of Guatemala.
The limitations for this study were that only ECPAT had several studies to understand human trafficking in Guatemala. ECPAT was the only INGO that was interviewed once these was because there was a lot of information by ECPAT in the Internet of studies and investigation on the issue. Another limitation is that La Alianza keeps all of its projects private making it difficult to find other sources of investigation from La Alianza’s work on human trafficking in Guatemala. Also, with IOM all the information that was mentioned in this study was based on interviews. They have reports published from Guatemala’s projects although the projects are not involved on human trafficking issues. Lastly, some important facts could not be revealed on the thesis due to the privacy that has to be respected to the interviewees.
It is recommended that that the Human Rights Prosecutor Office and the Public Prosecutor Office be trained once more by INGOs and NGOs. These two offices are in charge of explaining the judges human trafficking as a crime. Many human
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traffickers are convicted for sexual abuse or physical abuse leaving behind human trafficking as the main crime committed. It is necessary that the judges have a full understanding of human trafficking before analyzing cases of human trafficking. It is recommended that INGOs and NGOs that are experts on human trafficking issue monitor the investigations and the legal process of cases taken by the government specialized offices. In this way, INGOs and NGOs can make sure that the government is not faltering in any steps of the legal process, judges are convicting for the right crimes and that the right punishment for traffickers is being given. INGOs could monitor and be on top until the government can be able to do a smooth job without skipping legal processes or any other issue that can be present during the cases.
Likewise, impunity should be a priority in the human trafficking issue. It is known that human traffickers convictions have double compared to last years although government can do much better in this area. It is necessary also for the government to prosecute any citizens and not leaving behind high rank officials crimes just because of their position. Additionally, the network against human trafficking effective communication could as be used as an asset in implementing massive campaigns and projects together. The lack of employees to do the work and joining different NGOs personnel can be an advantage to split the work. The donations can be merged and in that way use the resources for both organizations to reach their goals. Besides, they can use the network not only for lobbying but also for projects where all the NGOs and INGOs can participate evenly.
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APPENDIX A
First Interview with International Organization of Migration in Guatemala Date of Interview: November 22, 2013
Job Title: Project Manager on Human Trafficking Section Via: Skype
Questions:
5. What is your position in the IOM?
6. What is the situation of human trafficking in Guatemala?
7. Does the government work in combating human trafficking?
8. What is the IOM’s role in combating human trafficking?
9. Did the IOM started to work on anti-human trafficking before or after the 2009 law against sexual exploitation?
10. How does Guatemala combat human trafficking?
11. Which NGOs and INGOs work on anti-human trafficking in Guatemala?
12. What were the projects that IOM implemented before 2009?
13. What is the IOM reputation as an IGO in Guatemala?
Second Interview with International Organization of Migration in Guatemala Date of Interview: February 22, 2014
Job Title: Project Manager on Human Trafficking Section Via: Skype
Questions:
1. Since 2000 which area has IOM worked in Guatemala?
2. Which INGOs and NGOs have IOM worked on human trafficking?
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3. What is the origin of victims found in Guatemala?
4. What have been the destination countries for Guatemalan victims?
5. To study human trafficking in Guatemala is there a specific date that change the fight against human trafficking? Or an event?
6. What was the role of IOM in the projects implemented with other INGOs and NGOs?
7. Which governmental institutions has IOM trained on human trafficking issue?
8. How is the partnership of the IOM with the government?
Third Interview with International Organization of Migration in Guatemala Date of Interview: June 6, 2014
Job Title: Project Manager on Human Trafficking Section Via: Skype
Questions:
1. Was IOM an IGO that worked on the elaboration of the 2009 law against human trafficking?
2. What is IOM’s role in the network against human trafficking?
3. Does IOM on repatriates victims or it assist victims in other needs?
4. Can you explain the steps of repatriation when a Guatemalan victim returns to Guatemala?
5. Why does IOM not repatriate Guatemalan victims from the United States?
6. Who are the donors and financial support for IOM on repatriation of victims?
7. In the project that IOM worked with SVET, what did IOM supported with during the project?
8. How do INGOs or IGOs approach the government to implement anti-human trafficking projects?
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9. How is the coordination between the PPP in Human Trafficking?
10. What where the obstacles found in the communication and work with the PPP in anti-human trafficking projects?
11. Why do you think impunity is high in Guatemala in human trafficking?
12. When training the government, does IOM work in different departments among the country?
13. What is the number of employees that IOM has for training the government institutions in Guatemala?
14. How was the process of certifying El Refugio for USAID services by IOM in Guatemala?
15. What is the capacity for victims on El Refugio shelter?
16. What do you think can be done to make a bigger shelter for more children?
17. Did IOM worked with La Casa del Migrante?
18. How many repatriation cases has IOM assisted in Guatemala on human trafficking?
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APPENDIX B
First Interview with La Alianza Guatemala Date of Interview: February 7, 2014
Job Title: Coordinator of Prevention Program on Human Trafficking Via: Skype
Questions:
1. When did La Alianza start its work in Guatemala?
2. Why did La Alianza closed in 2009?
3. What was the main purpose of La Alianza in Guatemala?
4. What was the focus after they reopen in 2010?
5. What are the areas that La Alianza covers on human trafficking?
6. For the prevention program, who are the individuals who receive training on human trafficking awareness?
7. How many employees from La Alianza go train the communities in Guatemala?
7. How many employees from La Alianza go train the communities in Guatemala?