The problem of trafficking remains almost completely hidden and largely ignored in the region. In terms of institutional responses, the Dominican Republic alone has effectively placed the trafficking of persons on the national agenda; no other government has directed resources to specific programs or policies on the issue.
Initial steps have been taken against child trafficking for sexual exploitation, but
concrete initiatives have not yet been developed and plans remain
without funding. Within the ambit of their duties, consular missions
and law enforcement have provided assistance to victims and
prosecution of traffickers.
Punishment efforts, however, can only be described as minimal.
In some countries, Offices of the Human Rights
Ombudsman have positively intervened in cases and have conducted
minor investigations within the scope of their mandate. Finally, some
encouraging developments toward articulating national and regional
responses to trafficking were noted.
In an area where civil society has traditionally been strong,
few groups have focused on sex trafficking for women and children or
advocated the issue within a human rights framework. Nevertheless,
region wide efforts against child trafficking and other forms of
commercial sexual exploitation of children are beginning, and many
positive partnerships between non governmental organizations and
official agencies have resulted. These relationships are precarious,
however, and are in need of further strengthening.
Services for trafficked persons, whether by government or
other sources, are non existent, with the exception of in the Dominican
Republic where important orientation, assistance, protection and health
services are available through NGO providers. This lack of attention
has left women and child survivors at greater risk of being retrafficked.
Overall, the deficiencies in consciousness, articulation, and coordinated
response strategies to trafficking in both women and children have
facilitated continuation of trafficking activity in the region and the
reinforcement of a culture of impunity.
International Legal Obligations
The region as a whole has assumed important legal obligations
ensuring the protection of women and children against trafficking. All
eight states are party to the Convention on the Rights of the Child, the
Convention on the Elimination of All Forms of Discrimination against
Women, the Inter American Convention on the Prevention,
Punishment and Eradication of Violence against Women, and the ILO
Convention No. 182 on the Worst Forms of Child Labor.
Together, these treaties require states to take meaningful action against
trafficking, especially that of women and children. Under CEDAW,
States Parties must act to suppress "all forms of traffic in women and
exploitation of prostitution of women". Trafficking and forced
prostitution are specifically recognized as constituting violence against
women under the Convention of Belem do Para, under which States
Parties agreed to condemn such activity and to pursue policies to
prevent, punish and eradicate trafficking.
With special regard to children, the Convention on the Rights
of the Child obligates States to take measures to prevent trafficking of
children and to ensure their protection against all forms of sexual
exploitation. Further, appropriate measures should be taken to
promote physical and psychological recovery and social reintegration
of child trafficking victims.
The ILO Convention No. 182 specifies
that State Parties are to take immediate and effective measures to
secure the prohibition and elimination of child trafficking as well as to
provide necessary and appropriate direct assistance for the removal of
children from situations of sexual exploitation, for their rehabilitation
and for their social integration.