[ Human Trafficking, Country-by-Country ]

GUATEMALA (Tier 2) – Extracted in part from the U.S. State Dept 2023 TIP Report

The Government of Guatemala does not fully meet the minimum standards for the elimination of trafficking but is making significant efforts to do so.  The government demonstrated overall increasing efforts compared to the previous reporting period, considering the impact of the COVID-19 pandemic on its anti-trafficking capacity; therefore Guatemala remained on Tier 2.  These efforts included prosecuting and convicting significantly more traffickers, strengthening government capacity to provide comprehensive care to child trafficking victims, and training officials to prevent and respond to labor trafficking among Guatemalan workers abroad.  However, the government did not meet the minimum standards in several key areas.  The government assisted and referred fewer victims to public and NGO shelters.  The government decreased its funding for shelters.  Adult victims had few shelter options.  Government awareness-raising activities for underserved and at-risk communities did not offer victims direct access to file a complaint or obtain services, limiting the impact of such efforts on marginalized populations.

Prioritized Recommendations

Increase funding for victim protection, including government and NGO shelters and other service providers, and expand access to services for LGBTQI+, male, and/or adult victims.

Strengthen measures to ensure authorities consistently refer identified victims to services, including labor trafficking victims, and build the capacity of Child and Adolescent Court judges to provide trauma-informed procedures to child victims.

Vigorously investigate and prosecute traffickers, including labor traffickers, and seek adequate penalties for convicted traffickers, which should involve significant prison terms.

Increase efforts to proactively identify trafficking victims, particularly among vulnerable populations, such as working children, migrants and returnees, individuals in commercial sex, children apprehended for illicit gang-related activities, and Cuban medical professionals.

Ensure outreach efforts to vulnerable and underserved communities offer direct access for victims and at-risk persons to file a complaint or access services.

Amend the 2009 anti-trafficking law to include a definition of human trafficking consistent with international law.

Develop a mechanism to ensure victims receive court-ordered restitution payments.

Provide reintegration and victim witness support, including immigration relief for irregular migrant victims, to victims once they leave shelters to prevent re-trafficking.

Expand training for judges and prosecutors to include training on the use of forensic and other evidence to ensure authorities investigate and prosecute trafficking cases as such rather than as lesser offenses.

Expand prevention measures, including through raising awareness of fraudulent recruitment for employment in Guatemala and abroad; punishing employers or recruiters who commit fraudulent practices that facilitate trafficking; and eliminating worker-paid recruitment fees.