Guatemala, November 28, 2011. Human trafficking is a crime that involves, among other things, the act of illegally trading human beings for sexual exploitation, labour exploitation, illegal adoption and organ extraction. It is considered to be the slavery of the 21st century and the main victims are women, teenagers, young boys and young girls.

In the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (also referred to as the Trafficking in Persons Protocol), human trafficking is defined as follows: "The recruitment, transportation, transfer, harbouring or receipt of persons by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation."

The illicit act of human trafficking dates back to a period when the enslavement and trafficking of black people were accepted by the populace in general and the State. Enslaved women were taken from their places of origin to subsequently be exploited as prostitutes or concubines. At present, human trafficking of any individual, regardless of their race, age or gender, is considered to be a crime, as stipulated in the Trafficking in Persons Protocol. The Protocol was adopted in 2000 in Palermo (Italy) and forms part of the United Nations Convention against Transnational Organized Crime (Palermo Convention).

According to the then United Nations Secretary General, Kofi Annan, the signing of the convention "is evidence of the will of the international community to answer a global challenge with a global response". If crime crosses all borders, so must law enforcement If the rule of law is undermined not only in one country, but in many, then those who defend it cannot limit themselves to purely national means. If the enemies of progress and human rights seek to exploit the openness and opportunities of globalization for their purposes, then we must exploit those very same factors to defend human rights, and defeat the forces of crime, corruption, and trafficking in human beings."

It is thus clear that human trafficking is a global crime. For organized crime groups, human trafficking is their third most lucrative activity, following the trafficking of drugs and the trafficking of arms.

Prosecutor Training
With the financial support of the German Embassy in Guatemala, CICIG recently offered a course whereby approximately 80 officials received training on the criminal investigation and criminal prosecution of human trafficking. Among the attendees were prosecutors from the Special Anti‑impunity Prosecutor's Bureau, the Special Prosecutor's Bureau for Crimes Against Life, the Anti-organized Crime Prosecutor's Bureau and officials of the National Civil Police. The course was led by Luis Centeno Muñoz, a Costa Rican lawyer and international human trafficking consultant. In his own words, "over the past five years, trafficking has branched out into sexual and labour exploitation; therefore, there has been an increase in the number of men, women and children who are subject to slave labour in the different areas of industry, trade and service".

He added that traffickers not only want to exploit their victims, but they also subject them to slavery to make them easier to control. They attempt to enslave individuals to make them obedient, using different domination techniques, such as violence, coercion and threats.

The traffickers take advantage of an individual’s specific circumstances in order to approach them and begin to recruit them. To do so, they may use tactics such as making deceitful offers, kidnapping, coercion or threatening their next of kin. The victims are transported, within or outside of a country, to be enslaved and exploited for sex or labour. In addition, some children are handed over in illegal adoption agreements or employed in other illicit activities.

"The trafficking network has diversified and now seeks victims in different locations, such as universities, private colleges, nightclubs, dance halls and parks. At these different locations, they seek individuals with specific profiles and characteristics requested by clients," said Centeno.

According to the expert, the trafficker does not differentiate between genders and ages, even though there is generally a preference for children because they are easier to control and prepare to be exploited for a specific task. In gender-related matters, women are most sought after, mainly to be exploited in the sex trade.

As for men, they are subject to labour exploitation in industries such as fishing, agriculture, construction or in maquiladoras. "They work in subhuman conditions, producing items that are subsequently sold on the conventional or black market," said Centeno.

Centeno also explained that trafficking for sexual exploitation is the most widespread form of trafficking in Central America (along with illegal adoption cases), whereas in South America, labour exploitation is most common—a phenomenon which is also on the rise in Central America and Mexico.

Tools to fight trafficking
One of the international instruments to tackle trafficking is the Protocol to Prevent, Suppress and Punish Trafficking, which the United Nations adopted in Palermo (Italy) in 2000. The Protocol came into effect on December 25, 2003, and to date, it has been signed by more than 120 countries.

The United Nations Office on Drugs and Crime (UNODC) is responsible for enforcing the Protocol. The UNODC supports states in drafting laws, creating national anti-trafficking strategies and providing funds to implement such strategies.

The Protocol commits States to ratifying the prevention and combat of human trafficking, protects and assists trafficking victims and promotes cooperation between States to achieve these goals.

Guatemala
Guatemala ratified the Palermo Protocol in 2005. With the aim of improving the criminal prosecution of human trafficking, CICIG filed a draft bill which sought to define the activity as an "organized transnational crime". See proposal (Spanish only)

At present, the Law against Sexual Violence, Exploitation and Trafficking in Persons also defines other crimes of sexual violence, such as pimping and the production and distribution of child pornography. Furthermore, it proposes criminal definitions to complement the adoptions law and the anti-organized crime law.

Recommendations
Centeno made the following recommendations to tackle human trafficking:

• Each State should have societal awareness of the existence of human trafficking and its repercussions;
• Promoting public policies to fight human trafficking that discourage client demand and reduce the vulnerability of individuals with limited resources;
• In relation to the law, a judge should have access to effective, relevant instruments to punish those who commit such acts;
• Promoting mechanisms to help victims and providing means of re‑entering society;
• In order to avoid falling victim to exploiters, people should analyse any offers they receive (be it related to studies, work or travel) which do not have demanding requirements;
• Filing criminal complaints against any individual suspected of committing an act of human trafficking.