Enforcement Challenges
The application and enforcement of criminal and
administrative penalties against traffickers is extremely weak in the
region for a variety of reasons. First and foremost is the problem of
reporting. The prevailing attitude in policing and prosecution is that
the crime of trafficking does not occur unless it is reported. In many
cases, this position reflects a legal requirement that permits
investigation of adult trafficking only upon receipt of an official
complaint. Since reports and complaints of trafficking involving
women rarely occur, time and resources are diverted elsewhere. Even
in the case of child trafficking, independent investigations do not
happen unless prioritized, which rarely is the case. In addition, units
are ill equipped to perform undercover operations due to lack of
training, time, and technical equipment.
In practice, trafficking cases are prosecuted on the basis of a
victim's statement and little else. Cooperation after initial proceedings
often falters, and the majority of cases are dismissed for want of
evidence. States are particularly incapable of handling trafficking cases
where the victim is a non national and lacks independent means to
remain in the country. Cases will commonly be opened with an initial
victim statement but abandoned after the individual is deported or
returned to her country of origin. It is up to the victim to find the
means to return to testify in court at the proper time.
As applied, police and enforcement actions usually result in
greater consequences (positive and negative) to the victim than the
trafficker, since laws applicable to the victim's circumstances are easier
to apply. More regularly, instead of prosecuting traffickers, law
enforcement simply remove victims. They focus on immigration based
arrests of adults, many of who may be victims, and protection based
rescues of child victims. Since criminal charges related to trafficking
and other crimes have proved difficult to prosecute, especially with
material witnesses unavailable, the trafficker remains unpunished.
Child Trafficking
The trafficking of minors incurs a greater responsibility and
burden on governments and service providers than adults due to the
particular vulnerabilities of this population. The rising number of
unaccompanied children in the migration process will only increase the
number of potential child victims of sex trafficking.
Based on interviews, identification of children in trafficking
has grown more difficult with the use of false identification documents
and the counseling of minors to report to authorities that they are of
age.
Once identified, children rarely get the necessary attention and
treatment appropriate to their experience. Government institutions
charged with caring for children were ranked as some of the worst in
the region, suffering from poor financing, lack of human resources (in
numbers and quality) and poor organization. As reported by Casa
Alianza, trafficked girls rescued from brothels in Guatemala City in
early July 2002, were placed in prison "for their safety". Institutions
rarely offer integration programs and little to no follow up is given to
cases.
Specialization Needs
While police and law enforcement have been advancing
toward establishing specialized units to handle such crimes as violence
against women, child sexual exploitation, and organized crime, most of
these units are poorly funded and few reach beyond the capital city of
each country. Additional problems arise when one branch is
specialized but investigative or other key branches remain generalized.
Information is often lost or misdirected in the necessary handoffs
between them. Specialized training in organized crime, including trafficking
of persons, is beginning with the assistance and cooperation of
countries such as the United States and Spain. Many of those
consulted, however, noted that once trained, the individuals often are
not placed in positions where the training can be used, or the training is
given to individuals who already handle different matters.