The destination countries of Belize and Panama presented the most visible reliance on immigration measures to respond to foreign women and children found in situations of prostitution and other forms of sexual exploitation. In Belize, for example, women from Guatemala, Honduras and El Salvador discovered in brothels are arrested and prosecuted for being illegally in the country. This offense is punishable by six months imprisonment and a $500 fine.
Immigration authorities in Belize stated that immigration law is being
used to control prostitution because such offenses are easier to
prosecute successfully than procurement and related crimes, which
would hold traffickers responsible. In Panama, women are also subject
to deportation through immigration proceedings. Consulates, who have
largely proven to be the sole instances of protection for trafficked
women in the region, are sometimes able to secure early release of their
nationals.
Major Obstacles
In consideration of the above policies and legislative schemes
that are available to combat trafficking, it is important to highlight how
these measures have been applied in practice. Overall, implementation
of existing protection measures is weak, contributing to impunity for
traffickers and rendering trafficking victims and survivors without
necessary services. One of the most significant problems is the scarcity
of available resources human, technical and financial.
A vast majority of the region's police and immigration units are working
without adequate equipment (computers, vehicles, video cameras, tape
recorders, phones, faxes, etc.). With the limited technology available,
activities such as strict border monitoring and undercover operations
are extremely compromised. Many sources indicated the need for
increased personnel in law enforcement, immigration, and protection
and welfare services.
Understaffing has kept pressing issues ignored
and has not allowed for the specialization that is required, especially
when responding to trafficking activity. Finally, financial limitations
overall have required government services to prioritize. Because of the
lack of information on trafficking, minimal reporting (via denuncia),
lack of political pressure and other factors, the issue loses in the
competition for scare resources.
Certain incentives exist in maintaining the status quo. As
recent experience has taught many countries in other areas of the world,
an effective response to trafficking must not only target the criminal
behavior, but also provide protection, recovery and integration services
to victims.
It has been recommended that these human rights
protection measures include provision of shelter, legal assistance,
medical attention and counseling, temporary visa programs in states of
destination to allow victims to recover and participate in judicial
proceedings, and continued support services and vocational training
programs for those who return to countries or regions of origin. For
already impoverished infrastructures, these financial obligations may
be too overwhelming to assume.
While appreciative of such resource constraints, this alone
does not explain the extent of the neglect. Many other factors
contribute to existing inaction, the most visible being the following:
(1) scarcity of information on trafficking and a minimal reporting level by
victims;
(2) absence of the issue on regional and national agendas;
(3) weaknesses in enforcement mechanisms;
(4) lack of expertise and
specialized services; and
(5) minimal coordination between relevant
actors at all levels (within agencies; between institutions; and between
governments).
These elements often occur together, consequentially
reducing the possibility of positive intervention against trafficking, and
increasing the potential for continued victimization or revictimization
of trafficked women and children.