Enforcement of procuring and pandering crimes is extremely poor. In most countries, bar and brothel raids are conducted where child prostitution is suspected, but adults found in circumstances of prostitution, even as a result of coercion, deception, force, etc. are ignored. Further, law enforcement and prosecution sources in the region reported obstacles to successful raids either minors are counseled to lie about their age or carry false identification, or children are removed from the premises having been forewarned of police activity.
Police complicity is certain. In addition to being clients,
many sources suspect police involvement in notifying owners of
planned inspections and raids. Throughout the region, judges,
prosecutors, police officers, and forensic doctors acting together often
perform raids. Some sources complain that this level of coordination
inevitably results in information reaching suspected criminals.
Trafficking and Health
The increasing numbers of persons suffering from HIV/AIDS
in the region have prompted the creation of special legislation on
HIV/AIDS treatment and rights of its victims, the establishment of
inter sectorial AIDS commissions involving state and non-state
participation, and the emergence of regional forums for information
sharing and coordination.
These bodies recognize not only the
particular vulnerabilities of the community of commercial sex
providers, but also the dangerous implications of migration of both sex
providers and their clients. Unfortunately, these groups have not yet
addressed the particular health needs of trafficked persons or identified
trafficked persons as a separate vulnerable group apart from sex
providers.
Many health professionals consulted explained their
compromised position: often, they are forced to chose between
reporting a crime and providing for the health needs of trafficked
women and children in prostitution. One NGO in Guatemala explained
that sharing any information with women and minors regarding their
rights would result in bar owners automatically restricting access to
their establishments. Health professionals have convinced bar owners
that it is in their business interest to maintain the health of the women
and minors but cooperation extends no further than that.
Trafficking and Illegal Immigration
Immigration policies and legislation have a profound impact
on victims of trafficking and the trafficking trade. As a function of
being trafficked, many victims are often in destination points illegally.
Their legal status has made them vulnerable to deportation and the
threat of reporting is a frequent control mechanism used by traffickers.
Within the region, the legal status of trafficked persons was most
frequently an issue in Belize and Panama, and to a lesser extent
Guatemala and Costa Rica.
The application of immigration and related criminal provisions
most often further victimizes trafficked women and children. Victims
face fines, imprisonment and/or deportation. Currently, none of the
countries have formal procedures in place to identify trafficked
persons. According to immigration sources in Panama, for example,
women who claim to have been trafficked are allowed to report the
crime to law enforcement authorities.
In practice, because
identification mechanisms are not in place, trafficked women are not
informed of their legal rights as a victim. Threats, stigma and a general
unwillingness to cooperate with authorities also keep women quiet as to
their experiences, so options, even if available, are rarely used.
Protection measures were similarly undeveloped, although instances of
positive intervention by consulates of the trafficked individual were
noted.