IOM

Comparative Matrix:

RCM Member State Legislation relating to

 Trafficking in Persons

 

 

Presentation:

 

The comparative matrix of legislation relating to trafficking in persons in RCM member countries is a result of an analysis of information collected through ongoing monitoring of electronic data bases and reports from our local offices in the region.  The offices, in turn, receive updates from relevant institutions in each RCM member country.

 

The topics and sub-topics included in the matrix were selected based on concerns expressed by several representatives regarding the importance of an instrument which reflects all aspects of criminal activities relating to trafficking in persons and migrant smuggling in each country’s regulations and at a regional level.  The information was summarized by experts on the topics in question, recording only the most relevant data for the individual and collective analysis of the legal expressions of criminal, immigration, and executive provisions, among others, which guide actions to combat the above mentioned crimes in our countries.

 

We hope that the information that has been analyzed, organized, and summarized is useful to lawyers, authorities, researchers, judges, fiscals, police officers, heads of institutions, strategic authorities, and a wide array of experts or persons interested in gaining further knowledge about this crime and facilitating key decision-making processes when facing situations relating to trafficking in persons.

 

 

 

ACRONYMS

           

CC                   Criminal Code                     

CCP                Code of Criminal Procedure

IL                    Immigration Law

TPP                 Trafficking in Persons Protocol

OC                  Organized Crime

Rat.                Ratified

TP                   Trafficking in Persons

UAP                Under-Age Persons

UNCTOC         United Nations Convention Against Transnational Organized Crime

V.                    Victims

V&W               Victims and Witnesses

 

 

 

PREVENTION

 

 

Canada

United States

Mexico

Guatemala

El Salvador

Nicaragua

PROGRAMS

Department of Justice and other organizations have implemented programs at a national level, oriented toward educating the general public and officers about the topic of trafficking in persons and supporting international efforts.

The Victims of Trafficking and Violence Protection Act (2000) establishes prevention at a national and international level: Funds for local protection of victims and assistance to countries with preventative programs including training, financial support, etc.  Establishes minimum norms to combat trafficking (Sections 104, 106, 108, 109).

Reauthorization of the Victims of Trafficking Protection Act from 2003 to 2008.  Authorized funds until 2010 for the strategy of the United States to combat trafficking in persons, with a focus on assistance and protection of victims.  Two components:  international and domestic.

 

 

(58US)

A law to prevent and punish trafficking in persons and its bylaws; a National Plan has been developed to prevent and punish Trafficking.  The Plan was designed and coordinated by an Inter-secretarial Commission and establishes actions and roles of institutions.  Ongoing prevention programs, 2, 10, 12, 13, Law and Articles 17, 18, and 19 of the bylaws.

 

(10MX)

 

The Law Against Sexual Violence and Trafficking in Persons establishes a public policy against trafficking in persons and a Strategic Action Plan 2007-2017 which establishes the development of actions to warn, raise awareness, and educate the general public.

Article 6, Paragraphs d), e), f), g), and j) of LCVSETP. Coordinated prevention mechanisms, Secretariat Against Sexual Violence,

Article 7.  Establishes prevention.

Article 14, preventative immigration controls.

 

(16GTE)

The role of the National Committee Against Trafficking in Persons, established in 2005, includes establishing and coordinating prevention programs under the National Plan to Combat Trafficking in Persons.

 

 

The role of the National Coalition Against Trafficking in Persons, established in 2004, includes establishing prevention programs under the National Plan to Combat Trafficking in Persons.

 

 

Governing Body

To Combat Trafficking in Persons

Inter-Ministerial Working Group Against Trafficking in Persons

In charge of preventing, protecting, and punishing this crime.  The Group, including representatives from 16 ministries and federal institutions, is co-chaired by the Ministry of Justice and the Ministry of Foreign Affairs and International Trade.

An Inter-Institutional Working Group to Monitor and Combat Trafficking in Persons and a special support office (Section 105 VTVPA).  In addition, reference is made to an

Inter-Agency Coalition of Assistance and Prevention Programs Abroad

(18 C. E.U. 1593).

 

(58US)

(56US)

Inter-Secretarial Commission Against Trafficking in Persons:  

Its role includes promoting, establishing, coordinating, proposing actions to combat trafficking in persons.  Established under the Law to Prevent and Punish Trafficking in Persons (Article 10).

 

 

(10MX)

Secretariat Against Sexual Violence, Exploitation, and Trafficking in Persons ascribed to the Vice-Presidency of the Republic; one of its primary roles is to act as an advisory body and to recommend actions to various State departments or institutions to combat sexual violence, exploitation, and trafficking in persons. LCVSETP[1].

 

 

National Committee Against Trafficking in Persons

Established by Executive Decree No. 114 to combat trafficking in persons in a comprehensive manner.  Comprised of 7 ministries, the Secretariat of Family, the National Police Force, among other state institutions.  In charge of developing the National Plan to Combat Trafficking in Persons.

National Coalition Against Trafficking in Persons (2004) Comprised of 15 ministries, State institutions, and 51 Civil Society Organizations.  Aimed at detecting, preventing, protecting, and rehabilitating victims and effectively punishing perpetrators of the crime of trafficking in persons.

 

Means of Dissemination

The State, through the Inter-Ministerial Working Group, is in charge of promoting campaigns and printed materials in several languages with information about trafficking in persons  in general and prevention of sexual tourism, a national information line about trafficking, to report suspected and potential cases.

The Victims of Trafficking and Violence Protection Act establishes the development of information campaigns against trafficking in persons abroad.

 

The National Plan to prevent and punish trafficking in persons, established by the Inter-Secretarial Commissions, establishes information dissemination as one of the primary components to combat trafficking in persons.

 

National Committee Against Trafficking in Persons

Establishes the development of campaigns and a special information line to report cases of trafficking in persons.

 

National Coalition Against Trafficking in Persons:

Enabled to coordinate dissemination campaigns oriented toward the general public (for example, “Llama y Vive” (Call and Live)).

Training

The State provides training on awareness-raising regarding the needs of victims for immigration officers, the Royal Canadian Mounted Police, Internet tracking units, and police officers patrolling the streets.

The Victims of Trafficking and Violence Protection Act establishes the development of training programs for civil servants.

 

Under the National Plan to prevent and  punish trafficking in persons, the role of the Inter-Secretarial Commission includes coordinating training actions.

 

The public policy to combat trafficking in persons and its Strategic Plan include training of civil servants and citizen education on matters relating to trafficking in persons.

National Committee Against Trafficking in Persons

In charge of training civil servants.

National Coalition Against Trafficking in Persons

In charge of training civil servants.

 

 

PROTECTION

 

 

Canada

United States

Mexico

Guatemala

El Salvador

Nicaragua

Specific Actions to Protect Victims of Trafficking

Under actions to protect victims and witnesses, the Federal Government, provinces, and territories share the responsibility for the safety of victims.  The general Victims Protection Program applies to victims of trafficking in persons as well.

The Victims of Trafficking and Violence Protection Act, Section 107, establishes a general framework, roles, funds to implement specific actions.  

Victims may opt in to the Witness Protection Program.

In addition, the Attorney General’s Office of the Department of Justice has specific guidelines for the protection of victims and witnesses of trafficking in persons.

 

The law to prevent and punish trafficking in persons establishes that institutions need to develop protection programs. 

Article 25:

It is the duty of the Secretariat of Public Security and Attorney’s Office to establish a protection program.  Declaration by technical means.

(10MX)

The Law Against Sexual Violence and Trafficking in Persons (Articles 62-66), defines the concept (in Article 8) of protection, roles and coordination responsibilities of authorities, declaration by electronic means, and protection of persons related to the victim.

 

(16GTE)

No reference to specific actions relating to victims of trafficking in persons exists in the legislation that was analyzed.

No reference to specific actions relating to victims of trafficking in persons exists in the legislation that was analyzed.

General Legislation for the Protection of Victims and Witnesses

The Witness Protection Law of the Federal Government and provinces establishes protection actions for victims in general.

 

Witness Protection Program,

US Code 7105

A general federal program to protect witnesses in general.  Specific legislation on trafficking refers to  this program.

U.S. Code Title 18 Part II, Chapter 224, Protection of Witnesses.

Refers to relocation and protection of witnesses.  Establishes provisions to be made by the Attorney General to protect witnesses.

 

(58US)

(56US)

The Law Against Trafficking in Persons and its Bylaws establish general guidelines to develop plans for the protection of victims and witnesses, especially under-age persons.

Law for the Protection of Procedural Subjects and Persons Linked to Criminal Justice Administration  (Decree No. 70-96)

A general law about victims and witnesses that applies to victims and witnesses of trafficking in persons.

 

(23GTE)

Special Law for the Protection of Victims and Witnesses

(Decree 1029-2006)

Establishes who is in charge of this and outlines general actions to protect and assist victims and witnesses in general.

 

(34ES)

Article 195 of the Code of Criminal Procedure establishes that the relevant penal authority should establish actions for the protection of expert witnesses, witnesses, and evidential elements.

 

(03NIC)

 

AID/ASSISTANCE

 

 

Canada

United States

Mexico

Guatemala

El Salvador

Nicaragua

PROGRAMS

National Fund to Support Victims

A center for matters relating to policies of federal, province, or territorial programs, including:

Health care, emergency shelter, social services, emergency financial aid, and legal assistance free of charge.  Civil Society Organizations also provide social services to victims.

Fondo Nacional de apoyo victimas

The Victims of Trafficking and Violence Protection Act establishes: Programs and initiatives to integrate, re-socialize, and resettle victims, and opportunities and benefits.  Access to the Fund for Victims of Crime, services, and assistance.  The  Reauthorization Act establishes international strategies of the US to support victims through programs and assistance to governments, or through projects implemented by NGOs in various countries around the world and within the US with programs to assist victims.

 

The Law Against Trafficking in Persons of Mexico establishes in Article 1, Law 12 II, 13-I, Paragraphs b, c, 16, material, medical, and psychological care, 17, establishing immediate assistance models, assisting victims and providing immigration support and assistance before and during the criminal proceeding.  For Mexicans, providing support to find employment.  Diplomatic representatives, assistance to Mexican nationals regarding their rights.  18-III, Facilitating actions during the process. 19, the stay of victims after the criminal proceeding is subject to legal processes  (the Immigration Law does not specify anything).

National Institute for Women, Gender, 20, 21, 22, 24, 28, and 36-40.  Duties and roles of institutions.  Attorney’s Office.

 

(10MX) 

The Public Policy to Combat Trafficking in Persons and its Strategic Plan 2007-2017 refer to all institutional interventions oriented toward establishing a comprehensive assistance system to ensure prompt and appropriate physical and psychological recovery as well as legal assistance and support for an effective social reintegration of victims of trafficking in persons.

Article 2 of the Law, Paragraphs d, e, h, i. Article 9.  Defines assistance.

 

  (16GTE)

National Committee Against Trafficking in Persons

Article 4 of the Decree establishes the development of programs for the assistance and recovery of victims, under the National Plan to Combat Trafficking in Persons.

 

Protocol on Immediate Assistance to Victims in Crisis Situations is managed by the National Civilian Police Force and was implemented with support from Save the Children.

 

Protocolo atención víctimas crisis

National Plan to Combat Trafficking in Persons of the Ministry of the Interior, establishes a comprehensive assistance program for victims.

 

Shelters

Programs from provinces and territories include emergency shelters for victims.

The Reauthorization Act for the Protection of Victims of Trafficking establishes that the State should establish specific shelters for victims.  

The Law Against Trafficking, Article 13.d. establishes that shelters for victims should be set up; Article 3.1.  The provision of NOT sheltering victims in inappropriate venues.

 

(10MX)

The Public Policy to Combat Trafficking in Persons and its Strategic Plan 2007-2017 establish the creation and strengthening of temporary homes or shelters providing comprehensive care, included in support networks.

Ministerio de Relaciones Exteriores - Comunicado 156-2009

Rehabilitation Center for National and Foreign Victims of Trafficking in Persons, operated by the Civilian National Police Force, and shelters for victims protected under the Law for the Protection of Victims of Trafficking.

The National Plan to Combat Trafficking in Persons establishes the creation of reception sites for victims of trafficking in persons.

Coordination with NGOs

Support provided by NGOs is oriented toward funds to assist victims.

The Reauthorization Act for the Protection of Victims of Trafficking:  International strategies of the US involve support to governments or through projects implemented by  NGOs in various countries around the world.

 

Coordination is established through the Inter-Secretarial Committee.

The Public Policy to Combat Trafficking in Persons and its Strategic Plan 2007-2017 establish coordination with an expanded group of NGOs.

Ministerio de Relaciones Exteriores - Comunicado 156-2009

National Committee Against Trafficking in Persons

As established in the Decree, the Committee should coordinate actions with NGOs.

 

National Coalition Against Trafficking in Persons:

The objective of the Coalition is to coordinate actions with State institutions and private organizations.

Specific Actions to Assist Victims of Trafficking in Persons

Citizenship and Immigration Office to issue temporary residence permits for victims of trafficking in persons

(Guidelines)

Victims obtaining a temporary residence permit are eligible for health care benefits, in accordance with the Federal Health, Psychological Care and Legal Assistance Program, and to apply for a work permit free of charge.

Reauthorization Act for the Protection of Victims of Trafficking: Establishes benefits and services for victims and members of their families.

US Code 7105.

 

(56US)

Law Against Trafficking

Articles 1, 12, 13 establish material support, health and psychological care, and inter-cultural and reintegration assistance for victims.

 

(10MX)

Law Against Trafficking

Article 9.  Physical, psychological;

Article 11, Paragraphs b, d, e;

Articles 16-19, health care, financial support and psychological assistance for reintegration.

 

(16GTE)

Protocol for Immediate Assistance to Victims in Crisis Situations, managed by the National Civilian Police Force and implemented with support from Save the Children.

Applies to victims of trafficking.

 

The National Plan to Combat Trafficking proposes a decree establishing specific protection actions for victims of trafficking.

 

Criminal/Administrative PENALTIES

 

 

Country

Canada

United States

Mexico

Guatemala

El Salvador

Nicaragua

Criteria

Penal Type, Trafficking in Persons

 

CRIMINAL CODE

C-49. 279.01 (1)  Every person recruiting, transporting, transferring, receiving, retaining, hiding, or providing shelter to a person or controlling, directing, or influencing the movements of a person with the aim of exploiting him/her or promoting his/her exploitation.

279.04 Exploitation is:  Work or services received through deception, coercion, threats, or by force.

Immigration Law (Section 118).

United State's Code

Title 18

Slavery, servitude, or forced labor:  More than 20 years imprisonment.

Trafficking children for sexual purposes or by force, fraud, or coercion:

Traffickers exploiting persons under 14 years of age or use force, fraud, or coercion for trafficking for sexual purposes may be sentenced to life imprisonment. Traffickers exploiting under-age persons 14-18 years of age may be sentenced to 40 or more years imprisonment or fines.

In addition, fines or up to 5 years imprisonment for false or altered documents.    

 

 Código Criminal US Título 18

 

(56US)

Law for the Prevention and Punishment of Trafficking in Persons (LPSTP) (2007)

Article 5:

The crime of trafficking in persons is committed by any person promoting, soliciting, offering, facilitating, obtaining, transferring, delivering, or receiving a person for themselves or for others, through physical or moral violence, deception, or abuse of power to subject this person to sexual exploitation, forced labor or services, slavery or similar practices, servitude, or extirpation or an organ, tissue, or components.  When this crime is committed against persons under 18 years of age or against a person

who is not able to understand the meaning of the deed or to resist, no accreditation of the commissive acts is required.

 

(10MX)

CRIMINAL CODE

Article 202.

The crime of trafficking in persons consists of securing, transporting, transferring, retaining, sheltering, or receiving one or more persons for exploitation purposes.

A person committing this crime shall be sentenced to 8-18 years imprisonment  and a fine of 300.00 to 500.00 Quetzales. Under no circumstances shall the consent expressed by the victim or his/her legal representative be taken into account.

Regarding the purpose of the crime of trafficking in persons, the following shall be defined as purposes:  exploitation, prostitution of others, any other form of sexual exploitation, forced labor or services, any type of  labor exploitation, beggary, any form of slavery, servitude, sale of persons, extirpation and smuggling of human organs and tissues, recruiting under-age persons for organized criminal groups, irregular adoption, irregular adoption procedures, pornography, forced pregnancy, or forced or servile marriage.

(17GTE)

CRIMINAL CODE

Article 367B.

Any person who, for themselves or as a member of a national or international organization and for purposes of financial gain, recruits, transports, transfers, shelters, or receives one or more persons within or outside national territory to carry out any action of sexual exploitation, forced labor or services, slavery or similar practices, extirpation of  organs, fraudulent adoption, or forced marriage, shall be sentenced to 4-8 years imprisonment.

Any person facilitating, promoting, or fostering any of the above mentioned activities shall be sentenced to 3-6 years imprisonment.

When the above mentioned actions are implemented in commercial establishments or establishments of any nature requiring a permit by the relevant authority, the authority must revoke the permit and close the establishment immediately.

 

(30ES)

CRIMINAL CODE

Article 182.

Trafficking in Persons for Sexual Exploitation or Adoption Purposes.

Any person who, through the exercise of power or threats, offers, or deception promotes, facilitates, induces, or executes securing, recruitment, hiring, transport, transfer, retaining, sheltering, or reception of persons for purposes of slavery, sexual exploitation, or adoption within or outside national territory, even with the consent of the victim, shall be sentenced to 7-10 years imprisonment.

 

If the victim is under 18 years of age or disabled or if the crime is committed by family members, guardians or educators, caretakers or custodians, spiritual leaders, or a person permanently living in the victim’s home or if a relationship of trust exists, the penalty shall be 10-12 years imprisonment.  Any person selling, offering, delivering, transferring, or accepting a girl, boy, or adolescents with our without payment or reward for sexual exploitation purposes, shall be sentenced to 8-12 years imprisonment. The same penalty shall apply for offering, possessing, acquiring, or accepting the sale of a girl, boy, or adolescent for illegal adoption purposes.  

 

(01NIC)

Means

279.03  For the purposes of Articles  279.01 - 279.03, a person is exploiting another person if he/she

(a)               (…)

(b)               Forces the person through deception or by force or through any other form of coercion to be subject to extirpation of an organ or tissue.

 

 (LIPR)[2]  Article 118 of the Law establishes that: “No person shall organize the entry into Canada of one or more persons through kidnapping, fraud, deception, threat, or by force or coercion.”

 

 

US Code, Title 18: Under the penal type to penalize trafficking in persons:

Fraud, force, coercion.

 

(56US)

Under the basic type, Article 5 of the Law Against Trafficking in Persons: physical or moral violence, abuse of power.

 

(10MX)

Through any means.

Through any means.

Under the basic type, Article 182 of the Criminal Code:  

Includes threats,  offers, and deception.

 

(01NIC)

Consent

The victim’s consent is NOT relevant.

The victim’s consent is NOT relevant.

The victim’s consent is relevant in adults.

(Articles 5, 6, Law Against Trafficking and Article 15, Federal Criminal Code).

(10MX)

(09MX)

The victim’s consent is NOT relevant.

The victim’s consent is NOT relevant.

The victim’s consent is NOT relevant.

Aggravating Circumstances

Kidnapping, aggravated assault, aggravated sexual aggression, or death.

United States Code,

Title 18

Kidnapping or attempted kidnapping, aggravated sexual abuse or attempted sexual abuse or attempted homicide is penalized with life imprisonment.

Law Against Trafficking:

Article 6.

If the perpetrator of the crime is a public servant or the victim is under 18 years of age.

 

(10MX)

 

CRIMINAL CODE

Article 202, CUATER.

Remuneration for trafficking in persons:

The penalty increases for victims under 10 years of age and victims under 14 years of age, according to Paragraph 204 of the Criminal Code: violence, humiliation, kidnapping, abduction, etc.

(17GTE)

CRIMINAL CODE

367C

Public servants, victims who are under 18 years of age or disabled, or if a trust relationship exists.

 

(30ES)

CRIMINAL CODE

Article 182, Criminal Code.

If the victim is under 18 years of age or disabled, if a blood relationship or a legal relationship exists.

 

(01NIC)

Penalty for the Crime of

TRAFFICKING IN PERSONS

 A maximum of 14 years or life imprisonment.

20, 40 years or life imprisonment and/or fines.

 

(56US)

Law Against Trafficking in Persons

Basic type:  6-12 years imprisonment and a fine of 500-1500 days; 9-18 years imprisonment and a fine of 750 -2250 days if the victims are under 18 years of age. 

 

Aggravated type: the penalty is increased by half.

 

(10MX)

Basic type: 8-18 years imprisonment and a fine of 300.00 - 500.00 Quetzales

 

Aggravated type: the basic penalty increased by one third.

 

(16GTE)

4-8 years imprisonment.

 

Promoter, facilitator: 3-6 years imprisonment.

 

(30ES)

Criminal Code, basic type:  7-10 years imprisonment.

 

Aggravated type: 10-12 years imprisonment.

 

Special incapacitation for parents, tutors, guardians.

 

(01NIC)

Attempt

Criminal Code of Canada, Part XIII: Attempt.

18 U.S.C. § 1581, 1584, relating to actions included under the crimes of trafficking in persons.

Law Against Trafficking in Persons:  

Specific Attempt of trafficking in persons, Article 7.

 

(10MX)

As established by the Criminal Code for all crimes, Article 14.

As established by the Criminal Code for all crimes, Article 62.

 

(30ES)

As established by the Criminal Code for all crimes, Article 27.

 

(01NIC)

Complicity

Any person receiving a financial or  material benefit for committing the crime shall be sentenced to up to 10 years imprisonment.  C-49, Article 279.02.

Article 117 (1) IRPA  establishes that “no person shall knowingly organize, induce, or help one or more persons enter Canada without a visa, passport, or other document required by this Law”.

 

As established by general criminal norms.

As established by general criminal norms, Article 13. Federal Criminal Code.

 

(09MX)

As established by the Criminal Code,

Articles 35 and 37, Criminal Code.

 

(17GTE)

367B, 3 Criminal Code (promote or foster) relating to Article 36, Criminal Code.

 

(30ES)

Criminal Code. Article 41, Accomplices.

 

(01NIC)

Trafficking: 

An Organized Crime

Criminal Code, Section 118:  trafficking in persons is considered an organized crime.

Federal legislation regarding organized crime: trafficking in persons is considered an organized crime.

Article 2-V, Federal Law against Organized Crime:  trafficking in persons is considered an organized crime.

 

(14MX)

Law against Sexual Violence and Trafficking in Persons (Article 60). Refers to the Law Against Organized Crime for special investigation methods.

 

(16GTE)

(19GTE)

Decree 190-07

Trafficking in persons is an organized crime when it is committed under that mode.

 

(35ES)

Criminal Code,

Organized Crime,

Articles 49, 393.

Trafficking in persons is considered an organized crime.

 

(01NIC)

The Crime of Conspiracy

Criminal Code of Canada, Part XIII. Conspiracy.

Conspiracy applies under the Criminal Code and Protection of Victims and Witnesses.

Not specifically mentioned in the relevant legislation that was analyzed.

 

Article 23, Criminal Code, relating to Article 2, Law Against Organized Crime.

 

(30ES)

(35ES)

Article 31, 183 Criminal Code.

Applies to trafficking in persons.

 

(01NIC)

Connected or Related Crimes

Criminal Code:

Sexual tourism, under-age persons;

sexual assault;

sexual exploitation of under-age persons.

Abuse;

rape.

18 C. E.U., 1589 y 1590

Servitude or forced labor: (1)  20 years imprisonment, maximum statutory penalty; or (2) up to life imprisonment in cases of kidnapping, sexual abuse, or death.

18 C. E.U., 1591

migrant smuggling for forced sexual labor, fraud, or coercion:  maximum statutory penalty of life imprisonment.

 

(56US)

Federal Criminal Code

Sexual tourism;

organ smuggling;

forced labor;

corruption.

 

(09MX)

Criminal Code

155bis  Penalizing employment of persons under 18 years of age in work which is detrimental to their integrity and dignity.

195 Cuater

Tourism for sexual exploitation of under-age persons.

 

(17GTE)

Criminal Code

Organ smuggling;

pornography;

corruption;

remunerated sexual actions;

revealing information about protected persons.

 

(30ES)

Criminal Code

Discrimination, servitude, and exploitation (315);

provoked infection;

procuring (178);

sexual tourism (177);

sexual exploitation (175);

selling children;

organ smuggling (346);

beggary (161);

acts against tourism (Law on Tourism).

 

(01NIC)

Penalizing Carrier Companies

 

Immigration Law:

“Transporting” is included as a typical action.

 

Law for the Prevention and Punishment of Trafficking in Persons (LPSTP):

Warning,

Article 12.

 

(10MX)

Immigration Law:

Article 105 penalizes transporting illegal migrants.

 

(20GTE)

Criminal Code:

Includes “transporting” as a typical action.

Bylaws to the Immigration Law,

Article 93.  Means of transportation.

 

(30ES)

(33ES)

Includes “transporting” as a typical action.

Immigration Law,

Articles 64-72.  Penalizing carrier companies.

 

(02NIC)

Penalizing Establishments

 

 

Law for the Prevention and Punishment of Trafficking in Persons, Article 8. Supplementary penalties.

 

(10MX)

Law Against Trafficking in Persons, Article 46. Supplementary penalty; juridical person.

 

(16GTE)

367b, Criminal Code:

Closing the establishment if actions relating to trafficking in persons have been carried out.

 

(30ES)

 

Penalizing Juridical Persons

 

 

Law for the Prevention and Punishment of Trafficking in Persons, Article 8. Supplementary penalties.

 

(10MX)

Law Against Trafficking in Persons, Article 46.

Supplementary penalty; juridical person.

 

(16GTE)

Immigration Law, Article 65.

Penalizing carrier companies.

 

(32ES)

 

Document Forging, Use, Retention, or Destruction

C-49: Article 279.03.

“Any person hiding, removing, retaining, or destroying any travel document; a maximum penalty of 5 years imprisonment.”

18 C. E.U., 1592

5 years imprisonment for persons restricting access of migrants to documents such as passports, birth certificates, or documents of the Department of Homeland Security.

 (56US)

Federal Criminal Code

Articles 243-246. Altering and forging documents.

 

(09MX)

Criminal Code

Articles 321-327.

Forging, use of false documents, and destruction of documents.

 

(17GTE)

Criminal Code

Articles 283-286. Forging and use of false documents.

 

(30ES)

Criminal Code

Articles 284-290.

Forging and use of false documents.

 

(01NIC)

 

PROCEDURAL PROVISIONS

 

 

Canada

United States

Mexico

Guatemala

El Salvador

Nicaragua

Prosecuting Organ

Department of Justice.

Department of Justice.

Attorney General’s Office.

Attorney General’s Office.

 

(18GTE)

Attorney General’s Office.

A Specialized Unit to Combat Migrant Smuggling and Trafficking in Persons.

 

(31ES)

Code of Criminal Procedure, Article 51.1.  Attorney General’s Office.

 

In charge of criminal action to penalize crimes.

 

(03NIC)

 

Non-Penalization of

Victims for Crimes Committed during Trafficking in Persons

Victims may not be penalized.

Does not mention it specifically.

Does not mention it specifically.

Does not mention that they may be penalized.  Victims are repatriated, and not expelled.

Does not mention it.

Does not mention it.

Prescription

The crime prescribes with the maximum penalty.

The crime prescribes with the maximum penalty.

The crime prescribes with the maximum penalty.

(105 Federal Criminal Code).

 

(09MX)

The crime prescribes with the maximum penalty plus one third.

(Article 107, Criminal Code).

Victims under 18 years of age:  Prescription begins when they reach the age of 18.

 

(17GTE)

The crime prescribes with the maximum penalty.

(Article 34, Code of Criminal Procedure).

 

(31ES)

The crime of trafficking in persons does NOT prescribe;

Article 131, relating to Article 16, both of the Criminal Code.

 

(01NIC)

Special Investigation Techniques

The use of special investigation techniques is applicable to trafficking in persons, with due authorization by the relevant authority.

The use of special investigation techniques is applicable to trafficking in persons, with due authorization by the relevant authority.

The new Law of the Federal Police Force (2009) allows using special investigation techniques in cases of organized crime, for the crime of trafficking in persons, among others.

 

Law Against Trafficking in Persons, Article 60, refers to the Law Against Organized Crime.

Undercover operations;

tapping telephones and other means;

tapping implemented by the National Civilian Police Force.

 

(16GTE)

(19GTE)

Article 302, Criminal Code, Article 6, Law Against Organized Crime, and Article 162, Code of Criminal Procedure.

Tapping means of communication.

 

(30ES)

(35ES)

(31ES)

Article 213, Code of Criminal Procedure. Allows tapping telephones to investigate trafficking in persons for sexual exploitation purposes, among others.  The remaining special techniques may be used by the principle of probation with a court order.

 

(03NIC)

Victim Compensation and/or Civil Action

Provincial victim compensation programs providing financial support for health care, among others.  Federal funds.  A National Office for victims of crime and laws oriented toward protecting and assisting victims (Bill C-2), expansion of protection to include vulnerable witnesses), among others.

TVPRA:  

Victims may file civil suits for damages suffered.  In addition, assistance and compensation programs and funds for victims of trafficking in persons, among other crimes, are available in the States and the Federal Government.

 

(57US)

Law Against Trafficking in Persons, Article 9.

Compensation payments for victims to repair damages are covered by the sentenced person.  If the victim does not live in Mexico, compensation can be received through the Consulate.

 

(10MX)

Article 32 of the Regulations of the Attorney General’s Office.  Diplomatic representatives are in charge of implementing procedures abroad.

 

reglamento Law Against Trata de Personas Mexico

Article 58, Law Against Trafficking in Persons.

Compensation payments for victims are covered by the sentenced person, including physical and psychological rehabilitation.

 

(16GTE)

Article 42, 114, 115 Criminal Code

Civil Action.

Compensation payments for victims are covered by the sentenced person.

 

(30ES)

Articles 51,51,81,10,

Code of Criminal Procedure.

The right to civil action of the victim. Compensation payments for victims are covered by the sentenced person.

 

(03NIC)

 

Immigration Provisions

 

 

Canada

United States

Mexico

Guatemala

El Salvador

Nicaragua

Repatriation[3]

As established by general norms regarding this topic.

As established by general norms regarding this topic.

Law Against Trafficking in Persons, Article 12, Paragraphs 10 and 20, and Articles 36-40 of the Bylaws.

Under-age persons or disabled persons are not repatriated if they are in danger of becoming victims again.  Voluntary repatriation.

 

(10MX)

(13MX)

Immigration Law, Articles 16-19.

Repatriation of under-age persons applies.

Orderly and safe repatriation.  Repatriation is voluntary. 

A mechanism to facilitate the orderly, expedited, and safe repatriation of Salvadoran migrants by land from Mexico, between the General Directorate of Migration of the Republic of Guatemala and the General Directorate of Migration and Immigration of the Republic of El Salvador, 2005.

 

 (20GTE)

Protocol for the Repatriation of Boys, Girls, and Adolescents

(2007).

Coordinated actions among various institutions.

 

A mechanism to facilitate the orderly, expedited, and safe repatriation of Salvadoran migrants by land from Mexico, between the General Directorate of Migration of the Republic of Guatemala and the General Directorate of Migration and Immigration of the Republic of El Salvador, 2005.

 

Protocol for the Repatriation of Boys, Girls, and Adolescents Victims of Trafficking in Persons (2008).

Temporary Stay of Victims

IMMIGRATION LAW

Temporary Residence Permit for victims of trafficking.  The temporary residence permit is issued by relevant officers.  (Article 24.1)  May be revoked at any time.

OFFICE OF CITIZENSHIP AND IMMIGRATION FOR THE ISSUANCE OF TEMPORARY RESIDENCE PERMITS FOR VICTIMS OF TRAFFICKING IN PERSONS, in force since May 11, 2006.  Immigration officers may issue temporary residence permits for up to 180 days for victims of trafficking in persons, including health care and counseling.  The migration status does NOT depend on collaboration with authorities in investigation.

 

Immigration Law[4]

Authorizes 5000 visas for permanent stay and 5000 residence visas after 3 years in the country.

 

Bylaws 36-40 to the General Population Law

Upon request by the Attorney General’s Office to Immigration to grant a permit to victims of trafficking in persons.

 

(13MX)

Law Against Trafficking in Persons,

Article 17.  Temporary or permanent residence and asylum without impairment, repatriation process.

 

(16GTE)

Does not mention anything about this matter in regulations.  The Immigration Law may apply.  However, actions to assist and protect victims should apply within a framework of a stay that is regulated by immigration legislation and using the existing categories.  

Does not mention anything about this matter in regulations.  The Immigration Law may apply.  However, actions to assist and protect victims should apply within a framework of a stay that is regulated by immigration legislation and using the existing categories.

Temporary/

Permanent Stay of Victims

Humanitarian visa for victims of trafficking in persons (temporary).

VTPVA

Sec. 105

 

(58US)

Law Against Trafficking in Persons,

Articles 19-20.

After the legal process: regular immigration provisions apply.

Article 37 of the Bylaws.

 

(10MX)

(13MX)

Law Against Trafficking in Persons,

Article 17.  Temporary or permanent residence and asylum without impairment, repatriation process.

 

(16GTE)

Applies to victims of trafficking in persons, following the procedures established by immigration legislation.

Applies to victims of trafficking in persons, following the procedures established by immigration legislation.

Period of Reflection and Recovery for Victims

OFFICE OF CITIZENSHIP AND IMMIGRATION FOR THE ISSUANCE OF TEMPORARY RESIDENCE PERMITS FOR VICTIMS OF TRAFFICKING IN PERSONS (GUIDELINES).

The 180 day permit allows victims to recover from the impact of the crime.

 

VTPVA,

Section 107.

Applies within the temporary residence period granted by the temporary visa for victims of a severe form of trafficking in persons, or when the victim is at risk or intending to collaborate with investigation.

 

(58US)

An institute of this nature is not specifically mentioned in legislation.  However, implementing actions to assist and protect victims involves the temporary stay of the victim on national territory under a given temporary immigration status. Especially for recovery processes.

An institute of this nature is not specifically mentioned in legislation.  However, implementing actions to assist and protect victims involves the temporary stay of the victim on national territory under a given temporary immigration status. Especially for recovery processes.

An institute of this nature is not specifically mentioned in legislation.  However, implementing actions to assist and protect victims involves the temporary stay of the victim on national territory under a given temporary immigration status. Especially for recovery processes.

An institute of this nature is not specifically mentioned in legislation.  However, implementing actions to assist and protect victims involves the temporary stay of the victim on national territory under a given temporary immigration status. Especially for recovery processes.

Actions for Dependants of Victims

 

VTPVA, Section 105.

Establishes benefits and services for victims and members of their families.

 

(58US)

Law Article 13 G, 18. Protection for Members of Families of Victims.

 

(10MX)

Law Against Sexual Violence, Exploitation, and Trafficking in Persons

(Article 64).  Locating and protecting dependants of the victim.

 

(16GTE)

Law for the Protection of Victims,

Articles 1, 2.

Persons with a direct or indirect relationship with the victim.

 

(34ES)

 

 

COOPERATION

 

 

Canada

United States

Mexico

Guatemala

El Salvador

Nicaragua

National

The Interdepartmental Working Group on Trafficking in Persons acts as a coordinating body to facilitate efforts at a federal level.

 

Inter-state cooperation methods are in place in the United States.

Bylaws to the General Population Law,

Articles 12-III, IV. Establish inter-institutional cooperation.

 

(13MX)

 

Law Against Trafficking in Persons

One of the roles of the Secretariat is facilitating coordination among institutions, Article 4.

 

(16GTE)

Article 31, Law for the Protection of Victims and Witnesses, National Committee to Combat Trafficking in Persons, by Decree, establishes cooperation between institutions and other agencies.

 

(34ES)

National Coalition Against Trafficking in Persons, under the National Plan, is in charge of inter-institutional coordination.

International

The Human Trafficking National Coordination Centre provides training for law enforcement officers and maintains contact with national and international agencies to share  information about trafficking in persons.  

 

Inter-American Convention on Mutual Assistance in Criminal Matters.

Nassau, 1992.

Ratified in 1996.

 

UNCTOC and its Protocol on Trafficking in Persons.

Ratified in 2002.

 

VTPVA

One of the primary objectives of the law is cooperation.

 

Inter-American Convention on Mutual Assistance in Criminal Matters.

Nassau, 1992.

Ratified in 2001.

 

UNCTOC and its Protocol on Trafficking in Persons.

Ratified in 2005.

Law Against Trafficking in Persons,

Article 14, II and III.

Cooperation between governments, information sharing.

 

Inter-American Convention on Mutual Assistance in Criminal Matters.

Nassau, 1992.

Ratified in 2003.

 

UNCTOC and its Protocol on Trafficking in Persons.

Ratified in 2003.

 

(10MX)

Law Article 14, Paragraph d).

Information sharing at an international level.

 

Memo of Understanding for the Protection of Victims of Migrant Smuggling and Trafficking with El Salvador, 2005.

 

Mutual Legal Assistance Treaty, Central America.

 

Inter-American Convention on Mutual Assistance in Criminal Matters.

Nassau, 1992.

Ratified in 2003.

 

UNCTOC and its Protocol on Trafficking in Persons.

Ratified in 2004.

 

(16GTE)

Memo of Understanding for the Protection of Victims of Migrant Smuggling and Trafficking between Guatemala and El Salvador, 2005.

 

Mutual Legal Assistance Treaty, Central America.

 

Inter-American Convention on Mutual Assistance in Criminal Matters.

Nassau, 1992.

Ratified in 2004.

 

UNCTOC and its Protocol on Trafficking in Persons.

Ratified in 2004.

Mutual Legal Assistance Treaty, Central America.

 

Inter-American Convention on Mutual Assistance in Criminal Matters.

Nassau, 1992.

Ratified in 2002.

 

UNCTOC and its Protocol on Trafficking in Persons.

Ratified in 2002-04.

Extradition

Extradition treaties with the United States.

Treaties with Mexico, El Salvador, Nicaragua, Canada.

Individual extradition treaties with Canada, United States, El Salvador, Guatemala, and Nicaragua.

Law Article 61, refers to the Extradition Law;

Extradition Law,

28-2008.

 

Inter-American Convention on Extradition, Montevideo, 1933.

 

(16GTE)

Individual extradition treaties with United States, Mexico.

 

Inter-American Convention on Extradition, Montevideo, 1933.

 

Extradition treaties with Mexico.

 

Inter-American Convention on Extradition, Montevideo, 1933.

 

Protection of Victims and Witnesses

Protection of victims and witnesses at an international level is regulated by international agreements.  Specific norms regarding this topic were not identified.  However, international instruments for international criminal cooperation apply:

 

Inter-American Convention on Mutual Assistance in Criminal Matters.

Protection of victims and witnesses at an international level is regulated by international agreements.  Specific norms regarding this topic were not identified.  However, international instruments for international criminal cooperation apply:

 

Inter-American Convention on Mutual Assistance in Criminal Matters.

Memo of Understanding for the Protection of Victims of Migrant Smuggling and Trafficking with El Salvador.

 

MEMO repatriación segura MX-ES

Agreement on Central American Cooperation for the Protection of Victims and Witnesses, ratified.

Agreement on Central American Cooperation for the Protection of Victims and Witnesses, and Subjects of the Process in General, ratified.

Applies:  Inter-American Convention on Mutual Assistance in Criminal Matters.

Nassau, 1992.

Ratified in 2002.

 

UNCTOC and its Protocol on Trafficking in Persons.

Ratified in 2002-04.

International Training

Shares training programs at an international level.

Provisions of the Convention against Transnational Organized Crime and the Palermo Protocol on Migrant Smuggling apply (ratified).

LPTV

International cooperation regarding training.

Provisions of the Convention against Transnational Organized Crime and the Palermo Protocol on Migrant Smuggling apply (ratified, the latter with reserves).

 

(57US)

Memo of Understanding for the Protection of Victims of Migrant Smuggling and Trafficking with El Salvador.

Training of officers.

Provisions of the Convention against Transnational Organized Crime and the Palermo Protocol on Migrant Smuggling apply (ratified).

Memo of Understanding for the Protection of Victims of Migrant Smuggling and Trafficking with El Salvador.

Training of officers.

Provisions of the Convention against Transnational Organized Crime and the Palermo Protocol on Migrant Smuggling apply (ratified).

Memo of Understanding for the Protection of Victims of Migrant Smuggling and Trafficking with Mexico.

Training of officers.

Provisions of the Convention against Transnational Organized Crime and the Palermo Protocol on Migrant Smuggling apply (ratified).

Verbal or written agreements between countries.  Provisions of the Convention against Transnational Organized Crime apply.  Ratification of the Palermo Protocol on Migrant Smuggling is not evident.

 

 



[1] Law Against Sexual Violence, Exploitation, and Trafficking in Persons (Decree 9-2009) LCVSETP

[2] Ley de Inmigración y Protección para los Refugiados (LIPR) y Regulaciones que entraron en vigencia el 28 de junio de 2002.

 

[3] Lineamientos regionales para la protección especial en casos de repatriación de niños, niñas y adolescentes víctimas de trata de personas CRM 2007. This document establishes the guidelines for the repatriation of under-age persons. Aplicable a todos los países miembros

[4] Immigration and Nationality Act amended by Victims of Trafficking and Violence Protection Act of 2000.