Special Note on the UN Convention on Transnational Organized
Crime and Supplemental Protocol on Trafficking
The UN Convention on Transnational Organized Crime and
its supplemental Trafficking Protocol is still relatively unknown in the
region. In almost all interviews with relevant government and nongovernment
officials, interviewees expressed their ignorance as to its
existence and/or terms.
Nicaragua has been the first country in the
region to ratify the Convention, and only four countries have signed the
Protocol. Nevertheless, signs do exist of its increasing support. In
Honduras, the Special Prosecutor on Organized Crime has encouraged
the government to take steps toward signature and ratification of all
three instruments - the Convention and both is protocols. In the
Dominican Republic, the inter-institutional working group, CIPROM,
together with the IOM hosted a seminar in June 2002 to discuss
national trafficking legislation in the context of the Trafficking
Protocol.
In addition, a university in Costa Rica hosted a seminar on
the UN Convention and its protocols. Finally, ratification of the
Convention and its protocols has been placed on the agenda of the
Regional Conference on Migration, and ratification status was
discussed at its last meeting of ministers in May 2002.
| TRAFFICKING FOR SEXUAL EXPLOITATION | I. Central America and the Caribbean |
| A. Belize | Limited provision against trafficking for sexual exploitation as a form of procuring. See below. |
| B. Costa Rica | Article 172 (Criminal Code), Trafficking
in Persons (Trata de personas) - "One who
promotes, facilitates or encourages the entry
to or exit from the country of persons of
either sex to practice prostitution or to hold
them in sexual slavery or forced labor, shall
be punished by imprisonment of three to six
years. The penalty shall be four to ten years
if any of the circumstances listed in
aggravated procurement [Art. 170] are
present". . Such circumstances include whether the victim is a minor; when coercion/fraud, violence, abuse of authority, or other form of intimidation or coercion was involved; and whether the perpetrator was an ancestor/offspring, husband/wife, brother/sister, teacher/one charged with education/care/custody of victim. In none of these cases may the consent of the victim be taken into account. Article 374 (Criminal Code), Crimes of International Character (Delitos de caracter internacional) - "Ten to fifteen years prison shall be imposed on those who direct organizations of international character dedicated to the trafficking of slaves, women or children, stupefying drugs or their parts, commit acts of extortionist kidnapping or terrorism and infringe provisions contained in treaties on human rights protection to which Costa Rica is a party". |