Sexual Exploitation of Children in Guatemala Carlos Alberto García Regas, BA Attorney General

Report on Sexual Exploitation of Children 2. Present strategies and/or plans to pre- in Guatemala vent and combat sexual exploitation

1. The Attorney General's Office Sex trade is a consequence of the varied risky situations in which children and youths In accordance with the provisions of Section can be involved, and of the fact that it is a 251 of the Political Constitution of the Re- reality that most people keep to themselves. public of Guatemala and Decree of Con- Due to the lack of strategies and programs gress No. 512, the Attorney General's Office for the eradication of such trade, the State of is the institution charged with the provision Guatemala cannot fight against it. of counsel and consultation to state bodies and agencies. 3. Successful program or project in the field The Attorney General represents the State and is in charge of the Attorney General's In September 1996 agency and government Office. representatives participated in the First World Congress against Commercial Sexual The Attorney General's Office is divided in Exploitation of Children, held in Stockholm, two Departments, each with a specific goal. Sweden. During this Conference Guate- The Family Department provides for the so- mala pledged itself, along with all other par- cial function of protecting and rescuing mi- ticipating countries, to the preparation of a nors, women and elderly at risk. The Family plan to eradicate commercial sexual exploi- Department is divided into three Divisions tation of children. that care for the needs of each specific group. In December 1999 I issued the instructions for the Attorney General's Office to coordi- In accordance with the Political Constitution, nate the elaboration of a National Plan the State guarantees social, economic and against Commercial Sexual Exploitation of legal protection to the family, and conse- Children and Adolescents in Guatemala. In quently, the Attorney General in his capacity March 2000 with this aim in mind and aided as representative of the State, coordinates by UNICEF, Mr. Gustavo Leal, Uruguayan and supervises necessary actions towards consultant, arrives in Guatemala. Mr. Leal the fulfillment of those constitutional pre- met several government officers and held cepts. many working meetings with different sec- tors of society, after which the methodologi- In this regard, the Minors Division of the At- cal guidelines for the elaboration of said torney General's Office, acts in those cases Plan, were drawn. where minors are affected by or at risk of abuse, and rescues those minors and From then on, the Coordinating Group was youths. At a later stage, and aided by the established under the tutelage of the Attor- Juvenile Court Judge, it relocates them to ney General's Office where government adequate surroundings according to their agencies and NGOs participated. specific needs. Regional Governmental Congress on Sexual Exploitation of Children Two advisory boards were constituted as lescents victims of sexual exploitation, well, one of them with governmental and nor to their families; and non-governmental national agencies, and 10. Sexual education – aimed at preventing another one with international cooperation commercial sexual exploitation of chil- agencies based in Guatemala. dren and adolescents - is not incorpo- rated into educational programs. The Coordinating Group carried out a diag- nosis of the problem and at the same time With this dismal landscape, regional work- organized several thematic workshops with shops on commercial sexual exploitation of the participation of officer of the justice and childhood and youth in Guatemala and the health sectors: problems it faces were organized throughout Izabal: 13 October 2000, the country. Workshop participants were Quetzaltenango: 8 February 2001, divided in groups that were asked to answer Cobán: 13 March 2001, and in accordance to the sector to which they Guatemala: 29 March 2001. belonged, on the incidence and manifesta- The socialization of the problem through tions of the problem in their community, as communication and information events was well as the way in which it was tackled and also started. Once the diagnosis and work- how they believed it should be done, pro- shops were finished, the main problems viding as well possible solutions. were identified. These could be summa- rized as follows: Judges, district attorneys, National Civil Po- lice, the army, religious people, several non 1. The State has not implemented public governmental organizations working with policies that tackle directly the problem children, mayors, governors, Department of of sexual exploitation of children and Social Welfare of the Republic, representa- adolescents, either as part of its obliga- tives from the Attorney General’s Office for tions and in order to fulfill the commit- Human Rights, representatives of organiza- ments undertaken at different interna- tions working with women and teachers par- tional events; ticipated in this project. 2. The present legislation does not ac- knowledge the reality of the problem; The results confirm the existence of prob- 3. There is no infrastructure, i.e. shelters lematic issues that were detected through for children and adolescents who lack a the diagnosis and thematic workshops. family; Based on these findings and taking into ac- 4. There is some level of impunity; count the suggestions made by participants 5. The different networks of child prostitu- in regional workshops and the feedback put tion operating in different sectors of the forward by all members of the different work country have not been detected. sessions, the NATIONAL ACTION PLAN 6. There are no control mechanisms that AGAINST SEXUAL EXPLOITATION FOR hinder the doings of mass media, when COMMERCIAL PURPOSES OF CHILDREN these have sexual exploitation of minors AND ADOLESCENTS IN GUATEMALA was in mind. elaborated. 7. The population is thoroughly ignorant of the problem and its consequences, and The NATIONAL ACTION PLAN AGAINST thus seldom report it; SEXUAL EXPLOITATION FOR COMMER- 8. As far as health care requests from mi- CIAL PURPOSES OF CHILDREN AND nors with diseases acquired through ADOLESCENTS IN GUATEMALA is con- prostitution, the health sector has no re- ceived as a protection policy intended for liable records; childhood and youth and consequently the 9. There are no programs providing psy- entity directly responsible for carrying it out chological counsel to children and ado- is the State “through suitable governmental institutions and civil society organizations, a Regional Governmental Congress on Sexual Exploitation of Children society that is committed to its implementa- tion, development, monitoring and evalua- 1. Prevention, through sensitization, tion within a democratic, participative, non- education and social mobility pro- bureaucratic, and decentralized framework, grams. whose projects take into account national, 2. Care for victims both children and regional and local socio-cultural features …”. adolescents, through health, educa- “… Management, guidance and implemen- tion, job training and reinsertion tation of the NATIONAL ACTION PLAN programs. AGAINST SEXUAL EXPLOITATION FOR 3. Provide guarantees as far as the COMMERCIAL PURPOSES OF CHILDREN administration of justice in crimes related to sexual exploitation of chil- dren and adolescents; give security AND ADOLESCENTS IN GUATEMALA to judges, and overall a legal sys- shall be undertaken by a National Board tem free of corruption and collusion: consisting of Central Government agencies reforming specific laws on the issue and NGOs·”. and regional agreements to avoid traffic in children and adolescents 4. Program or Institutional Project Benefi- for prostitution purposes. ciaries 4. Deepening the knowledge of the si - sue through systematization of ex- Levels of target groups periences, creating an information center that contributes to updates of Children and adolescents, generally vulner- the database, carry out research able and those that are being subject to related to the issue, causes, expan- commercial sexual exploitation. sion networks, etc.

5. Results

On 9 August 2001, the NATIONAL ACTION Adults, i.e. families in general, families of PLAN AGAINST SEXUAL EXPLOITATION vulnerable children and adolescents, those FOR COMMERCIAL PURPOSES OF of children and adolescents being sexually CHILDREN AND ADOLESCENTS IN GUA- exploited for commercial purposes and TEMALA was submitted to the Executive. abusers and sexual exploiters themselves. Given the necessary political support to put the plan in practice, we envision a future in which Guatemalan children and adolescents enjoy their rights with the necessary re- The institutions, both governmental and non- quirements for them to develop properly, governmental participating either di- amidst an environment devoid of structural rectly or indirectly in the issue, dif- and situational aggressions, that have his- ferent authorities, the Legislative torically promoted commercial sexual ex- Body, diplomatic and consular or- ploitation both at national and international ganisms of Central American coun- levels. tries and Mexico, as well as other agencies for Central American inte- We must strive for an environment where gration such as PARLACEN, the patriarchal and androcentric visions are not Central American Bank for Eco- the dominant ones, where authority and nomic Integration, etc. violence paradigms have been overturned, both of which fetter minors. Minors will be Four main strategic goals have been set: regarded as social and legal subjects, hu- man beings with rights evolving into adult- · National Plan against Sexual Trade of hood. Children and Adolescents in Guatemala. Regional Governmental Congress on Sexual Exploitation of Children CHILDREN AND ADOLESCENTS IN GUA- Within this framework, a morally aware, par- TEMALA. ticipative and respectful adult population is necessary, a group that will reinforce micro 8. Identifying the problems and loops and macro social contexts in favor of emo- that favor the occurrence and ex- tional, ethical and solidary growth of children pansion of the different varieties of and adolescents. commercial sexual exploitation of children We should visualize a country where there is no sexual exploitation of children and ado- The report on the situation of Children’s lescents, where social and legal protection rights in Guatemala, prepared in 1996 by the mechanisms are in place, mechanisms that Archbishopric Office for Human Rights, un- ensure eradication of the issue and shelter derlines the fact that “several risk factors children and adolescents at risk. determine abuse and sexual exploitation of minors, both at family and supra-family lev- 6. Mechanisms used in order to obtain els, that result in a high degree of children financing vulnerability when faced to sexual exploita- tion”. Ms. Elizabeth Gaibbons was asked for fi- nancial support to prepare the NATIONAL Among the different risk factors, violence ACTION PLAN AGAINST SEXUAL EX- and abuse within the family, poverty of chil- PLOITATION FOR COMMERCIAL PUR- dren and their families, a strongly organized POSES OF CHILDREN AND ADOLES- prostitution apparatus, the woman-object CENTS IN GUATEMALA. Through UNI- stereotype broadcasted by mass media - CEF, Ms. Gaibbons paid travel and DSA where the image of innocence is also ex- expenses of Gustavo Leal, LLD, IIN’s con- ploited, sex market demand, and an almost sultant. non-existent government protection for the victim child are found”. Organizations such as Save the Children, PRONICE, and the Attorney General’s Of- Conclusions fice contributed with resources for the Diag- nosis phase and the organization of the- Based on the preceding paragraphs, we matic workshops. may conclude that:

7. Obstacles that hinder putting into 1. Guatemala is nowadays armed with the practice or implementing the Action NATIONAL ACTION PLAN AGAINST Plan SEXUAL EXPLOITATION FOR COM- MERCIAL PURPOSES OF CHILDREN Child prostitution is an issue that nobody AND ADOLESCENTS IN GUATEMALA wants to address, girls are discriminated left and upon its implementation it shall alone with their anguish. They carry a solve and prevent a problem that is stigma because it is hard to acknowledge it gathering proportions on a daily basis. as a social problem that should be faced with strength, decision and courage. 2. The political will of the Guatemalan Government is the key determinant in Moreover the lack of specific policies to fight putting into practice the National Plan the issue on the Executive’s side and the against Sexual Commercialization of national economic situation hamper the im- Children and Youths. plementation of the NATIONAL ACTION PLAN AGAINST SEXUAL EXPLOITATION 3. In the meantime, the Attorney General’s FOR COMMERCIAL PURPOSES OF Office, NGOs and International Agencies such as UNICEF and the IIN, shall pursue Regional Governmental Congress on Sexual Exploitation of Children our commitment to fight against this relating to the issue ·, and on other recent scourge, with little resources but full of good studies and reports, among which it is worth will. noting that of the United Nations Special Rapporteur on sale of children, child prosti- Recommendations tution and the utilization of children in por- nography. Overall they show the degree of The support of the Guatemalan Attorney knowledge of people from different strata, General’s Office and of government organi- professions and education, about the issue, zations and NGOs in the country allows us as well as the different manifestations, to envision a better future for Guatemalan among which it is worth mentioning prostitu- children – free of abuse and exploitation. tion and pornography of children and ado- lescents, and traffic in minors for sexual ex- Let us work for healthy children, morally, ploitation purposes, and to a lesser extent socially and physical; children full of happi- sex tourism – most probably the least visible ness, illusions and dreams: A childhood that of all these closely related phenomena. The can be remembered as the best part of their information collected points at municipalities, lives. capitals, departments, areas, regions and even corridors for traffic in minors for sexual We urge all organizations that work against exploitation purposes. sex trade in children in America, to keep up their efforts towards strengthening those It is not only a social phenomenon that goes measures that will pave the way for fighting beyond gender – even when it often involves and eradicating the problem, let us join our girls and women -, but also affects different efforts and exchange experiences, both ethnic groups Maya, Garifuna, Xinca and positive and negative, that will help us attain Mestizo. Generally speaking, it is a struc- our goal. tural and historical problem with many dif- ferent vectors. It is a legal problem as well Our efforts and those of several organiza- since it contravenes not only national legal tions shall continue: our ultimate goal is to dispositions in force in the country, but also provide children and youths with social pro- the international ones ratified and adopted tection and an opportunity to develop, today by Guatemala and subject to compliance and forever. and observance within its borders. Conse- quently, it is also a human rights issue since Annex commercial sexual exploitation of children Coordinating Group and adolescents deeply harms their dignity, and physical, emotional, moral and spiritual NATIONAL ACTION PLAN AGAINST SEX- integrity of its victims. UAL EXPLOITATION FOR COMMERCIAL PURPOSES OF CHILDREN AND ADO- I. Background LESCENTS IN GUATEMALA A brief historical tour thorough the issue of Guatemala, July 2001 Commercial Sexual Exploitation of Children and Adolescents, reveals that since 1992 Even if it has been impossible to quantify, the country has shown clear intention to ap- due in part to its characteristics and the lack proach the issue, mainly in order to collect of resources, commercial sexual exploitation information and diagnose. However, for the of children and adolescents is a fact and as purposes of this Plan, the tasks carried out of today of alarming magnitude in Guate- after 1996 will only be quoted, taking 1996 mala. This statement is based on a survey because it was the year when due to the of the knowledge, attitudes and practices magnitude of the issue, the First World Con-

· Prostitución y Pornografía Infantil: un se- creto a voces. Guatemala: PRONICE, 2000 Regional Governmental Congress on Sexual Exploitation of Children gress on Commercial Sexual Exploitation of tice the recommendations proposed by the Children was held. Congress’ Declaration and Action Plan.

Stockholm: Guatemala’s commitment Follow-up of the Congress

The Congress was held in August 1996 in Taking participation in the First World Con- Stockholm, Sweden, and representatives of gress as a starting point, Guatemala based 119 governments and NGOs participated. Save the Children Sweden and Denmark, in The Kingdom of Sweden and other agencies agreement with the Attorney General’s Of- such as the End Child Prostitution in Asian fice for Human Rights, held a press confer- Tourism (ECPAT), UNICEF, other UN agen- ence to make the results of the world meet- cies and key personalities from different ing known. Representatives of embassies, parts of the world participated in the con- government agencies and the international gress’ organization. community based in Guatemala attended.

The participants called on governments and These activities were followed by a seminar society worldwide to join efforts and to es- on Commercial Sexual Exploitation aimed at tablish a global association against com- establishing a Board that would follow-up on mercial sexual exploitation of children and Stockholm 1996. By the end of that same youths, through concrete actions, which year, and as a result of the seminar, the were compiled in the Declaration and Action Board was established with representatives Program of said Congress. There follows a of government agencies and NGOs, where brief description: the Office of the Childhood Public Defender of the Attorney General's Office for Human - Accord high priority to action, based Rights undertook the coordination. Within on the guidelines as provided by the this frame several actions were taken Convention on the Rights of the among which it is worth noting: Child. - Promote stronger cooperation. Research· was carried out to assess the - Promulgate the criminal character of frame of the problem reflecting the situation exploiters. of prostitution of children and adolescents in - Ensure that child victims are not several departments, as well as the situation held liable. of national regulations in force and institu- - Examine and revise legislation, poli- tional coverage. cies, programs and practices cur- A rapprochement with different levels of rently in force. power, in particular at government level, - Develop and implement national ac- aiming at their direct involvement in the tion plans and integral protection, subject. prevention and care programs with These actions were neither that relevant or a gender approach, all of which had such great impact due to the fact that as shall be drafted by the year 2000. a consequence of institutional crisis, the At- - Create an adequate environment torney General's Office for Human Rights through education, social mobiliza- resigns from its newly assigned coordination tion and development activities. tasks. - Enhance the role of popular partici- pation, including that of children. Visit of United Nations Special Reporter on sale and prostitution of children and utiliza- tion of children for pornography: It is worth noting that the Guatemalan official delegation that attended the congress com- · "¿Objetos sexuales o sujetos sociales? mitted itself to fulfilling and putting into prac- Un acercamiento a la prostitución infanto- juvenil en Guatemala." Guatemala: Procu- raduría de los Derechos Humanos, 1999. Regional Governmental Congress on Sexual Exploitation of Children and national NGOs. The third organizational In July 1999, Ofelia Calcetas Santos, LLD, level is the Coordinating Group where gov- UN Special Rapporteur in the subject visited ernment agencies and NGOs, as well as Guatemala. After holding multiple meetings other social organizations directly in charge and interviews with sectors directly or indi- of planning and carrying out activities for the rectly involved in the issue and after visiting elaboration of the National Action Plan, par- several departments, Ms. Calcetas Santos ticipate. drafted a report for the UN Human Rights Commission. Said report was presented at The National Action Plan: main stages: the 56th period of Sessions, at the beginning Main activities: of the year 2000. Knowledge of the issue and its problems: The Rapporteur’s conclusions and recom- through thematic workshops and other edu- mendations have increased the awareness cational meetings. on this subject and of other subjects related Identifying and integrating the main prob- to Guatemalan childhood and youth. The lems: carried out by ECPAT / Guatemala as recommendations include the urgent need to a contribution to the National Action Plan·. pass the Code of Children and Youths; ni - Defining working objectives for elaboration clude characterization of sexual crimes in of the Plan: carried out by the Coordinating national legislation; care programs for street Group based on information collected and children - differing from traditional police knowledge acquired. raids; the urgent need for educational cam- · Drafting the Plan: collective process with paigns and legislative initiatives against ni - feedback of the Coordinating Group. cest; setting up rehabilitation programs for · Socializing the process of drawing up girls victim of sexual crimes, either incestu- the Plan: tasks that have allowed us to ous or commercial; the need for Guatemalan inform those participating in other government agencies to receive instructions phases and society as a whole through to follow-up on the pledges of the Stockholm communicational resources. Congress and the commitment to sign bilat- · Socializing actions of the problem were eral and regional agreements on eradication a transversal axis of the project. The ac- of commercial sexual exploitation of children tions were carried out via mass media and adolescents and traffic in minors. broadcasts.

Drawing up the National Action Plan: the Participation in the Regional Consultancy, beginnings San Jose, Costa Rica:

In 1999 and with the support of the National The Coordinating Group also participated in Attorney’s Office as coordinating agency, the Regional Consultation on the subject the works towards providing answers to the held in San Jose, Costa Rica, thus allowing commitments of Stockholm were reinitiated the Group to share experiences and define with the elaboration of a National Action actions with other countries in the region. Plan that included programs and actions for As far as the National Action Plan was con- prevention and care for Guatemalan children cerned, participating in said event facilitated and adolescents who had been subject to contrasting the structure achieved and col- commercial sexual exploitation. lecting input that in some cases resulted in new elaboration criteria. Working on that plan implied organizing several institutional efforts. Three participa- II. Basic Concepts tion levels were established: two advisory boards - one consisting of cooperation · Diagnóstico de situación: la explotación agencies located in Guatemala, the other sexual comercial de niños, niñas y jóvenes one consisting of governmental institutions en Guatemala". Guatemala: ECPAT / Guatemala, 2001. Regional Governmental Congress on Sexual Exploitation of Children Commercial Sexual Exploitation of Children of. Internet has been used in the country, and Adolescents "is a violation of the basic no only to sell pornographic material dis- rights of children and youths; a type of played on the Net through pictures and vid- abuse that implies sexual victimization of a eos, but also to hire sexual services of chil- minor by another person (usually older), dren and youths in other parts of the world. linked to a commercial transaction that can be paid in cash or kind; a contemporary form Sex tourism: this type has only recently of slavery; a profitable forced and destruc- been incorporated into Guatemalan vo- tive practice."1 cabulary and everyday reality. It is defined as "the commercial sexual exploitation of When conceptualizing the issue, it must be minors by foreigners visiting the country as clear that "... it is one of the most cruel vio- tourists. It includes promotion of the country lations of children’s basic rights, there are as a place where the practice of such activi- severe consequences for physical, psycho- ties by nationals and foreigners goes un- logical, spiritual, moral and social develop- punished."5 ment of the victim, mainly for young ones. Implications go far beyond their families, the At a national level, the fact that places community and society as a whole." 2 where adult and child prostitution is avail- able to users and clients generates an inter- Other research defines this type of Com- nal current of sex tourism. Puerto Barrios, mercial Sexual Exploitation in terms of mo- Izabal; and Puerto de San Jose, , dalities: prostitution and pornography of are examples of such places. Despite the children and youths, sex tourism and traffic lack of statistics and official data, the partici- in minors for commercial sexual exploitation. pation of Guatemalan children and youths is acknowledged as a phenomenon with inter- Child prostitution "is a type of violence, ex- national implications. ploitation and victimization of minors, their bodies and their sexuality are considered These three types of commercial sexual ex- tradable objects, either organized or not, by ploitation are practiced and continued prostitution networks"3. Prostitution is the through a fourth type: traffic in minors, de- most common type of Commercial Sexual fined as "the recruiting and transport for illicit Exploitation in Guatemala. purposes from one country to another, with or without consent of the child and/or his/her Child pornography: is defined as "visual or family, to be utilized in their final destination auditive representation of a minor for sexual as sexual merchandise for prostitution pleasure of its user, with lucrative or retribu- and/or pornography"6. Despite efforts to tive ends for the provider or middle-man in- make traffic in minors invisible, it is evi- volved in either production, distribution, pos- denced in police raids, their reports tell of session or utilization of the material"4. De- Honduran, Nicaraguan and Salvadoran girls spite the fact that pornography material with found in Guatemalan public places and sex- Guatemalan children and adolescents has ual exploitation centers. Likewise, Mexican not been detected, places where pornogra- press and authorities report the existence of phy and child pornography is sold are known Guatemalan youths in their territory for the same purposes.

1 Diagnóstico de situación: la explotación sexual comercial de niños, niñas y jóvenes II. Explanation en Guatemala. Guatemala: EX- PAT/Guatemala, 2001. p. 5 2 Commercial sexual exploitation of children Ib. and adolescents is a complex social phe- 3 Explotación sexual infantil, dolor para las niñas y los niños, silencio y complicidad nomena of which there is little information social. Guatemala: PRONICE, 1999. p.3 quoting Tatiana Treguear y Milena Grillo. 5 Ib. 4 Ib. 6 Ib. Regional Governmental Congress on Sexual Exploitation of Children due to the fact that it is illicit and there is no research. The scenarios are hidden and the The network of commercial sexual exploita- actors under cover of legal activities or com- tion consists of different players, the most panies, thus hampering in depth knowledge important are: of the subject. Nonetheless its existence has been confirmed with the few studies · The “enganchador” is "the person in conducted, with testimonies of persons that charge of selecting, convincing and in any way have been directly or indirectly promises or delivers through sale or involved n the issue, and by testimonies of other financial agreement the vulnerable the children themselves interviewed for child to another pimp, who in turn will some research carried out at Central Ameri- undertake sexual exploitation of his/he can level. victims and will ensure their availability to prospective clients. This person usu- a. Dimensions ally uses deceit and/or coercion to achieve his/her goals, he or she almost Ms. Calcetas Santos´ report that "... only in never tells the child of his/her intentions the capital city more than 2000 children are underlying the approach."10 They are exploited in over 600 brothels. The Report recruiters for trafficking in minors with asserts that ages of minors practicing pros- commercial sexual purposes. titution in the capital city vary from 8 to 12 and 15 to 17 years, ages that are similar to · The “pollera”: "they do the clandestine those found in other parts of the country vis- transport of their victims, either within ited by Ms. Calcetas Santos."7 the country or across borders."11 They Yet another study "reveals the existence of do the actual trafficking in minors. more than 200 night centers and over 600 pubs, many illegal, where prostitution is · The owner of commercial sexual ex- practiced and minors are sexually exploited. ploitation centers: is "strictly speaking, According to police investigators in 1996 of the direct exploiter of children and ado- the more than 2000 sexually exploited ado- lescents being subject to commercial lescents, 1200 were Salvadoran, 500 Hon- sexual exploitation, the owner of night duran and Nicaraguan and more than 300 clubs, bars, brothels, hostels, etc. Guatemalan."8 It is worth noting that the He/She is the trader in prostitution and information in this paragraph dates 5 years sex tourism involving minors. He/she is back. the person that obtains economic ad- vantages and is best off with the direct b. Key actors: the commercial exploitation of his/her victims. Usually, sexual exploitation network the activities of this procurer and cov- and children and adoles- ered by the legal status of his/her busi- cents. ness..."

Two key groups of actors were identified in · The boyfriend: he is also considered a commercial sexual exploitation of children pimp. They are those that take advan- and adolescents: the exploiter network tage of the girl both sexually and eco- (generally regarded as pimps9), and victim children and youths. poses or in order to satisfy someone else´s wishes, promotes, facilitates or favors pros- 7 Diagnóstico de situación: la explotación titution regardless of gender." sexual comercial de niños, niñas y jóvenes 10 Explotación sexual infantil, dolor para las en Guatemala. Guatemala: niñas y los niños, silencio y complicidad social. ECPAT/Guatemala, 2001. p.19 Guatemala: PRONICE, 1999. p.4. 8 Ib. p.20 11 Diagnóstico de situación: la explotación se- 9 Legally speaking, the IV Criminal Code in xual comercial de niños, niñas y jóvenes en force in Guatemala, defines pimps in Sec- Guatemala. Guatemala: ECPAT/Guatemala, tion 191 as: "person that, for lucrative pur- 2001.p.10 Regional Governmental Congress on Sexual Exploitation of Children nomically, arguing that they provide the protection and affection needed; in The main scenarios are brothels, bars, some cases they even become manag- houses of prostitution, canteens, beaches, ers of the girl’s money. streets, empty houses, shows, massage parlors, hotels, hostels, motels, etc. Some relatives of prostituted children or adolescents: even if in general the families Despite the lack of statistical data, estimates of minors sexually exploited are in turn indi- give us an insight into commercial sexual rect victims of networks of sexual exploita- exploitation of minors as a generalized prac- tion, in some cases family members take tice in almost all municipalities. However, part in pimping and exploiting granddaugh- through observation, opinion polls and ni - ters, nieces, step-daughters and in extreme formation sources of social mass media, this cases their own daughters. type of exploitation is evident in the following geographical areas (cities, municipalities, Some authorities: Cases of collusion be- towns): tween some authorities and other actors are not scarce when allowing Commercial Sex- The capital city of Guatemala. ual Exploitation is at stake. Most commonly Border areas, in particular with Mexico and authorities comfortably overlook children El Salvador. Coastal areas and harbors, and adolescents in brothels, houses of pros- such as Puerto de San Jose in Escuintla, titution, bars and other prostitution centers, Champerico in Realhuleu and Puerto Bar- arguing that searching for minors is these rios in Izabal. centers is not their job, or else giving prior notice of inspections to owners. Some southern municipalities of San Mar- cos, the city of Escuintla, the departmental The client: "in most cases they are men. capital of Suchitepéquez (Mazatenango), They pay either the pimp or the victim for the the city of Retalhuleu, Coatepeque and sexual gratifications received through pros- Xelagú in Quetzaltenango, the city of Chi- titution and pornography."12 He is thus an maltenango, and the departmental capital of accomplice and a promoter. In Guatemala . in many cases the men are from a very early age taught, motivated or forced to take part Yet another study13, proves the fact that in prostitution chains as end user of services Guatemalan tourist destinations are prone to provided by female prostitutes regardless of child prostitution as sex tourism. Two mu- age. nicipalities are mentioned: Antigua Guate- mala, Department of Sacatepéquez and The other side of the problem is the children , Department of Sololá, but other and adolescents that are being sexually ex- tourist destinations may also experience a ploited. They are the victims of micro and similar phenomenon. macro contextual conditions that make them vulnerable, victims of networks for commer- d. Determinants rather than cial sexual exploitation, victims of the silence causes of an indifferent society that due to many reasons completely ignores or becomes a When dealing with a phenomenon such as silent witness of the deterioration of the lives child or adolescent sexual exploitation for of children and adolescents. commercial purposes it is rather difficult to attribute it to an absolute or mechanical c. Main scenarios and geo- cause, that is to say, neither generalizing graphical areas nor attributing causes and consequences is appropriate. There are rather a number of 12 Explotación sexual infantil, dolor para las niñas y los niños, silencio y complicidad social. 13 "Prostitución y pornografía infantil: ¡un se- Guatemala: PRONICE, 1999. p.5 creto a voces!". Guatemala: PRONICE, 2000. Regional Governmental Congress on Sexual Exploitation of Children determinants that facilitate prostitution, por- "bad" women (prostitutes) is the best strat- nography, sex tourism and trafficking in mi- egy to protect "good" women (wives, moth- nors. The most relevant are: ers, daughters, sisters, etc.) from the as- saults and sexual instincts of men, is yet Poverty: Some sexual exploitation network another concept that has survived not only actors take advantage of poverty and its in men’s minds but also in that of many consequences. Through deceit they con- Guatemalan women that regard prostitution vince children and adolescents of scarce and forms of sexual exploitation as "a nec- resources, they offer them an activity that essary evil". will earn them a living and will help them move upwards, not only them but their fami- e. Consequences, effects and implications lies as well. Precarious health: Some studies conducted · Manifestations of family disintegration point to Guatemalan girls and adolescents in and intra-familial violence. Immersed in prostitution suffering multiple diseases, in violent family surroundings or the ab- particular sexually transmitted ones includ- sence of important figures in the family, ing HIV/AIDS. Unwanted pregnancy and many of these children thus become abortions are also mentioned, situations that vulnerable to Commercial Sexual Ex- force girls and adolescents to face realities ploitation. for which they are still unprepared. Lastly there is death, either by lack of health care Sexual abuse: Sexual abuse is one the (multiple diseases) or as a consequence of manifestations of ill treatment that usually the violent surroundings in which they live. becomes a condition for victimization of chil- Poor mental health of sexually exploited dren and adolescents in Commercial Sexual girls, adolescents and women is also in- Exploitation. The feelings arising from being cluded in this subsection. Depression, alco- sexually used by family members or by peo- holism, drug abuse, aggressiveness, and ple close to the family and the perception criminality are some of the most common that there is nothing else to loose make patterns. them easy prey for sexual exploitation net- works. Lack of employment opportunities: due to the fact that children and adolescents sexu- Insufficient or non-existent education or job ally exploited for commercial purposes have training: Many children have had little or no little or no formal education or job training, access to a formal education system or to a they are also denied the opportunity to have job training systems, facts that leave the a job that dignifies them, makes them grow doors wide open for pimps. These deficien- as persons, and with enough income so that cies will enslave them in sexual exploitation they along with their families can have a and due to their limitations they are unable better quality of life. to visualize other possibilities. Ill-treatment, humiliations and slavery: the Gender perspective: patriarchal tradition environment where they live and work is and macho culture. In the cultural environ- plagued with vexation. It is known that their ment where commercial sexual exploitation income barely allows them to fulfill their ba- of children and adolescents is found, patri- sic needs because usually the pimp has en- archal traditions and a macho culture - that sured indebting them, selling the clothes fails to provide a gender perspective - are they use at high pricing, arranging for ex- prevalent. Here we may also include the pensive housing and nourishing. Further- male model where the female body is at more, having been bought as merchandise, their disposal, regardless of age or other they are not allowed to leave of their own conditions. The socially accepted concep- accord, unless the pimp decides to sell them tion that having sexual relationships with to some other pimp. In many cases, on the Regional Governmental Congress on Sexual Exploitation of Children other hand, ill-treatment forces them to carry · There are neither legal nor personal out domestic work without being paid extra guarantees for justice enforcers to money. act with certainty against organized networks of commercial sexual ex- Prostitution clients or users also mistreat ploitation of children and youths. them, believing that since they are paying Furthermore, the necessary mecha- they free to vex or act violently. These have nisms to identify univocally and ef- in many cases resulted in death of the girl, fectively sanction sexual exploiters adolescent or woman. The police section in of minors are non-existent. There Guatemalan newspapers informs of mur- are no guarantees for informers ei- dered children, women and adolescents in ther. bars, hostels, etc. Public officers also abuse · There is no specific legislation for prostituted children, adolescents and investigating and prosecuting women: abusing their powers and office, crimes related to sexual exploitation force them into sexual relationships as pay- of children and adolescents that re- ment for some "benefit". flect the new juridical interpretations of this particular issue put forward in f. Key issues:14 international Conventions that deal The political perspective in childhood in general. · Institutional fragility of legal mecha- · Among the priorities of the Guate- nisms against sexual exploitation of malan Government there is a lack of children and youths facilitates an in- design or implementation of integral adequate administration of justice, public policies towards prevention corruption and collusion of authori- and care for children and adoles- ties, reinforcing impunity at national, cents victim of commercial sexual regional and international level. exploitation. · The Guatemalan Government does The social perspective not strive to implement practical in- struments to prevent and care for · Lack of social institutions to tackle victims in accordance with all com- the issue in general and promotion mitments undertaken when ratifying of sexual practices framed within international conventions when par- sexual exploitation of children and ticipating in international meetings youths, fact that reflects a society on Commercial Sexual Exploitation feigning ignorance and taking ref- of Children and Youth. uge in macho and androcentric · The already mentioned key issues views that justify the existence and reflect a lack of political will to stra- continuity of sexual exploitation of tegically face the problem, causes children and youths as a social si - and effects of commercial sexual sue. exploitation of children and youths. · Telecasts in communication media (Internet, movies and television es- The legal perspective pecially) with high sexual and erotic contents that result in a view of fe- · The laws in force do not character- male bodies as sexual things and ize adequately the varied ap- promote abusive and illegal sexual proaches to the problem. practices. · Owing to different reasons, among which the internalization of fear, so- 14 From "Diagnóstico de Situación: Commercial cial and judicial reporting mecha- Sexual Exploitation of children and youths in nisms for related issues do not work Guatemala". Guatemala: EXPAT/Guatemala, properly. 2001. Regional Governmental Congress on Sexual Exploitation of Children · Inadequate approaches to health of other international instruments on human care and prevention, reflected in a rights, treaties and conventions adopted and lack of programs aimed at prevent- ratified by Guatemala and the guarantees ing involvement of children and provided for in our Constitution. The latter youths in different sexual exploita- enables us to enforce as national legislation tion scenarios, and in restricted pro- the Convention on the Rights of the Child phylactic care (only from a sexually and the Declaration of Stockholm. transmitted disease approach) that health care centers provide, centers The Convention on the Rights of the Child that do not care for minors in sexual ratified by the State of Guatemala through exploitation scenarios. decree of Congress 27-90 on 10 May 1990, · Lack of an adequate approach to where the obligation of State Parties to pro- mental health issues and psychoso- tect children and adolescents victim of cial effects in children and youth. commercial sexual exploitation and sexual · The educational system is yet to in- abuse is specifically stipulated. It provides clude sexual education as a hori- for several actions, for example to take all zontal axis in educational curricula, necessary national, bilateral and multilateral with information on STDs including measures to hinder exploitation (Sections 34 HIV/AIDS, as well as prevention of and 35). Commercial Sexual Exploitation of Children and Youths. The Declaration of Stockholm that Guate- · There is a lack of financial re- mala signed and the pledges, including de- sources and infrastructure neces- velopment and implementation of integral sary to provide a local, national and plans and programs that consider gender regional response to the issue. differences to prevent commercial sexual · There is a lack of research initia- exploitation of children, and protect and care tives from different scenarios that for child victims so as to facilitate recovery would provide an integral qualitative and reinsertion in society. and quantitative view of the issue. Consequently, the few existing pro- · Universal Declaration of Human grams lack an integral view both Rights approved on 10 December from the care and prevention per- 1948. Proclaimed as a shared ideal spectives. so that peoples and nations inspired · Coordinating inter-institutional, gov- in said declaration and through ernmental and non-governmental teaching and education promote re- efforts are still precarious. spect of the human rights and free- doms that it contemplates. It in- IV LEGAL FRAMEWORK THAT ENABLES cludes as well dignity, the value of a AN ACTION PLAN human being and equal rights for men and women. National legislation and international instru- · International Covenant on Eco- ments incorporated into Guatemala legisla- nomic, Social and Cultural Rights, tion via ratification furnish the legal frame- ratified on 8 August 1988. It pro- work that would enable designing and vides for the “adoption of special adopting this National Action Plan against protection and care measures for all Commercial Sexual Exploitation of Children children and adolescents, avoiding and Youths in Guatemala: all forms of discrimination based on filiation or any other condition. Chil- The Political Constitution of the Republic of dren and adolescents should be Guatemala defines protection of the human protected against social and eco- being and the family for social well being nomic exploitation.” purposes (Section 1). And the enforcement Regional Governmental Congress on Sexual Exploitation of Children · International Covenant on Civil and tion against all forms of violence, in- Political Rights, ratified on 11 Sep- cluding physical, sexual and psy- tember 1992. It acknowledges the chological: “b. occurring within the right that all children have to man- community, committed by anyone, datory protection based on their and including among others, rape, status as minors, by families, soci- sexual abuse, torture, trade in hu- ety and the State, without discrimi- man beings, forced prostitution, kid- nation based on race, color, lan- napping, sexual harassment in the guage, religion, gender, national or workplace, as well as in educational social origin and birth. institutions, health care centers or in · First Optional Protocol to the Cove- any other place, and c. inflicted or nant on Civil and Political Rights, tolerated by the State and its ratified on 3 January 2001: Empow- agents, wherever it occurs.” ers the Committee on Human · Convention against Slavery, ratified Rights, as provided for in the Cove- on 11 November 1983: The Con- nant, to hear and investigate infor- vention defines slavery as the state mations by people claiming to be or condition of a human being upon victims of violations of any of the whom all or any property rights are rights provided in said Covenant. It exercised. Child sexual exploitation thus ensures achievement of its is a form of slavery, since we find goals and enforcement of its provi- that beyond trampling on the child’s sions. dignity as a human being, the actors · American Convention on Human in prostitution networks exercise Rights (Convention of San Jose), property rights on them. ratified on 7 September 1951: Ac- · Supplementary Convention on the knowledges the right of children, Abolition of Slavery, the Slave based on their condition as human Trade and Institutions and Practices beings, to have their condition as similar to Slavery, ratified on 16 minors protected, be it by families, September 1988: The convention society and the State. was subscribed when, despite the · Convention for the elimination of all feats achieved upon agreeing to the forms of discrimination against Convention on slavery, in certain women, ratified on 12 August 1982: parts of the world some analogous Among others, it requests State institutions and practices were still Parties to take adequate measures valid. New practices were incorpo- to modify behavioral socio – cultural rated to this Supplementary Con- patterns of both men and women, vention, where the transport of so as to eliminate prejudices and in- slaves from one country to another veterate and other practices, based is characterized as a crime. Trade on ideas of inferiority or superiority in human beings for prostitution of either sex. It also provides that purposes (the latter defined as a all States take the adequate meas- modern form of slavery), and for ures, “ even legislative ones”, to other forms of commercial sexual eradicate all forms of trade in exploitation forces States to adopt women and exploitation of female the necessary measures to put an prostitution. end to these social phenomena · Inter-American Convention on the framed within this convention. prevention, punishment and eradi- cation of violence against women (Convention of Belem do Pará), ratified on 4 April 1995: Contem- plates the right of women to protec- Regional Governmental Congress on Sexual Exploitation of Children participative and respectful adult population V STRATEGY is necessary, a population that reinforces micro and macro social contexts to favor 5.1. Defining a National Action Plan emotional, ethical and solidary growth of against Commercial Sexual Ex- children and adolescents. ploitation of Children and Ado- lescents Our vision is a country where there are no sexually exploited children or adolescents, The National Action Plan against Commer- where social and legal protection mecha- cial Sexual Exploitation of Children and nisms that guarantee eradication of the Adolescents was conceived as a Public problem and the sheltering of children and Policy to specifically protect children and adolescents at risk, are in place. adolescents. In this sense, the State is re- sponsible for its execution through suitable It implies: governmental institutions and civil society organizations engrossed in its implementa- A society that is constantly striving for an tion, development, monitoring and assess- adequate provision and protection of the ment within a democratic, participative, non- rights of children and adolescent, immersed bureaucratic, decentralized frame, whose in integral public policies aimed at them, projects take into account local, regional and policies that have protection against com- national socio – cultural features. mercial sexual exploitation as an integral part. As such, the Plan has many stages and programs, both closely and logically inter- A system with legal priorities and judicial twined so as to achieve its Vision. mechanisms that ensure the administration of justice, to readily punish those who pro- mote and practice commercial sexual ex- A National Committee composed of gov- ploitation of children and adolescents. ernment agencies and NGOs should be in charge of directing, orienting and imple- Democratic governments in Guatemala menting the National Action Plan against aiming at building a society that both ac- Commercial Sexual Exploitation of Children knowledges and respects children and ado- and Adolescents. lescents as core values, empowering their sustainable development on an equal gen- 5.2. Vision der basis.

Guatemalan children and adolescents 5.3. Mission should exercise their rights and enjoy other rewarding experiences necessary for their Promote integral actions tackling causes healthy development. Further, they should and effects of commercial sexual exploita- enjoy an environment devoid of structural tion, aimed at putting a stop, reducing and and conjunctural aggressions that have his- eradicating these practices and building torically fostered their commercial sexual ideal conditions that will allow the honorable exploitation at national and international lev- life of children and adolescents without risk- els. In an environment where patriarchal ing their moral, physical and spiritual integ- and androcentric visions are not prevalent, rity. These actions include involving social where authoritarian and violent paradigms sectors, government and institutional re- have been overcome, paradigms that yolk sources toward preventing and caring for minors. Minors that shall live together as commercial sexual exploitation of children social subjects with rights, as important per- and adolescents within an ample, demo- sons and taking the leading part in their de- cratic, non-authoritative, ethical and re- velopment. Within this frame, a conscious, spectful of gender issues conception. Regional Governmental Congress on Sexual Exploitation of Children Sexual abusers and exploiters. 5.4. Target groups Institutions: There are three levels of target groups: Government institutions either directly or indirectly involved in the issue. Children and adolescents: Main state agencies. Children in general Guatemalan Congress. Those at risk or highly vulnerable (mis- NGOs directly or indirectly involved in the treated or street children, sexually abused issue. children, those with disintegrated homes, Panamanian, Mexican and Central Ameri- marginalized children or those being socially can diplomatic and consular bodies. excluded, etc.). Central American integration organizations Those subject to commercial sexual exploi- (PARLACEN, BCIE, etc.) tation. 5.5. Enforcement period Adults: 10 years. Families in general. Families of children and adolescents at risk Priority given to intervention by geo- or vulnerable ones (families of mistreated or graphical area street children, sexually abused children, those with disintegrated homes, marginal- For implementation purposes, it is important ized children or those being socially ex- to address the issue in the areas where, ac- cluded, etc.). cording to different studies, the issue has Families of sexually exploited children or greater significance both qualitative and adolescents. quantitative. Regional Governmental Congress on Sexual Exploitation of Children

Coastal areas and ports: · San José Port in Tourist destinations: Escuintla and · Antigua Guate- · Puerto Barrios in mala, Sa- Izabal catepéquez De- partment and · Panajachel, Sololá Department

Guatemala City, Department of Guatemala

Border areas: · Mexico: Ciudad Tecún Umán Other municipalities: · El Salvador: Valle Nuevo · Ocós, Malacatán and Catarina, del Depart- ment of San Marcos, · Escuintla, Department of Escuintla · Mazatenango, Department of Suchitepéquez, · Retalhuleu and Champerico Department of Retalhuleu · Coatepeque and Quetzaltenango Department Quetzaltenango · Chimaltenango and El Tejar Department of Chimaltenango · of Jutiapa Regional Governmental Congress on Sexual Exploitation of Children Regional Governmental Congress on Sexual Exploitation of Children

STRATEGIC PROGRAMS AND OBJECTIVES OF THE Commercial Sexual Exploitation, strengthening the ca- NATIONAL ACTION PLAN pacity for collective and individual support of official, non- governmental and popular institutions, and in particular STRATEGIC OBJECTIVE 1: prevent the existence of those for children and adolescents. social, economic, political and cultural factors that put children and adolescents at risk of becoming involved in PROGRAMS EXPECTED RESULTS WHO IS IN CHARGE SENSITIZATION: so as to achieve recognition by · Design and implementation of Social com- · National committee, target groups of the existence and implications of munication projects, · Governmental organizations and NGOs as program commercial sexual exploitation of children and ado- · Media campaigns both mass and alterna- creators and engines, mass media as spreading agent, lescents. tive, · Private companies, especially in the tourism sector, · Set up and operate information centers · Religious communities. · Inclusion of the subject in political agenda of central and local governments. EDUCATION: achieve, through formal and non- · Inclusion of the subject in official education · National Committee, formal education, development of attitudes and be- programs at all educational levels. · Governmental organizations (especially Ministry of Edu- haviors preventing commercial sexual exploitation in · Non-formal educational programs imple- cation), target groups. mented in NGOs and popular organiz a- · NGOs working with children and adolescents, tions. · Universities, · Religious communities. SOCIAL PARTICIPATION: so as to generate ac- · Local and municipal social organizations · National Committee, tions that prompt efforts to coordinate, organize, involved in preventing, reporting and pro- · Governmental organizations (especially mayors, munic i- report, protest and protect children and adolescents tecting. pal councils and boards, community leading committees being or at risk of sexual exploitation. · Set up and operate reporting centers. and governments), · NGOs working with children and adolescents, · Religious sector, · Children and adolescents.

STRATEGIC OBJECTIVE 2: Care for children and lives and attractive survival alternatives, a key element in adolescents victim of commercial sexual exploitation so their rehabilitation and reinsertion in their family, com- as to give them honorable opportunities to carry on their munity and social surroundings. Regional Governmental Congress on Sexual Exploitation of Children

PROGRAMS EXPECTED RESULTS WHO IS IN CHARGE HEALTH: contribute to restore physical and mental · Care for victimized children and adolescents · National committee, health of children and adolescents in situations of com- through programs and projects designed especially · Governmental organizations and NGOs mercial sexual exploitation. for physical health. specialized in health education, physical and · Care for victimized children and adolescents mental health, through programs and projects designed especially for mental health. EDUCATION/JOB TRAINING: to help overcome the · Incorporation of children and adolescents in situa- · National Committee, disadvantageous situation and the social risk that a tions of sexual exploitation to the formal educ a- · Governmental organizations and NGOs lack of formal and professional education entails in tional system. specialized in formal and non-formal educa- children and adolescents in situations of commercial · Incorporation of children and adolescents victim of tion, sexual exploitation. sexual exploitation to alternative and complemen- · Foundations, tary educational projects and programs. · Private companies. REHABILITATION AND REINSERTION: so as to facili- · Preparation of families of children and adolescents · National Committee, tate psychosocial rehabilitation of commercially that were sexually exploited for new family and · Governmental organizations and NGOs sexual exploited children and adolescents, including personal dynamics. working with rehabilitation and reinsertion options to a decent job and opportunities to reinsert · Incorporation of children and adolescents to a pro- issues. themselves in their families, communities and in so- ductive activity in accordance with their age and · Private companies. ciety as a whole. gender. · Honorable and suitable instances that contribute to rehabilitation and reinsertion of sexually exploited children and adolescents.

STRATEGIC OBJECTIVE 3: ensure the administration collusion of official agencies, for which it is imperative to of justice in crimes related to Commercial Sexual Ex- strengthen the legal system and its institutional condi- ploitation of Children and Adolescents, ensure security of tion. justice operators in their tasks, eradicate corruption and

PROGRAMS EXPECTED RESULTS WHO IS IN CHARGE Regional Governmental Congress on Sexual Exploitation of Children

ADAPTATION OF LEGISLATION: so that legislation Updated Guatemalan legislation on commercial · Institutions that can pass laws. in force relating to Commercial Sexual Exploitation sexual exploitation of children and adolescents, of Children and Adolescents and other crimes re- and other related crimes. lated to the issue, adopt the contents of international conventions on Children ratified by Guatemala. PROMOTION OF A SPECIFIC LAW: to eradicate Specific law on commercial sexual exploitation commercial sexual exploitation of children and ado- of children and adolescents, passed and in lescents, based on international conventions on force. Children ratified by Guatemala.

PROMOTION OF A REGIONAL AGREEMENT: to Central American agreement on Traffic of Chil- eradicate trafficking in minors for commercial sexual dren and Adolescents for Commercial Sexual exploitation of children and adolescents in Central Exploitation Purposes, approved and in force. America. INSTITUTIONAL ENLARGEMENT OF THE JUDI- · Enlarged coverage of the judicial system in CIAL SYSTEM: to lay informations, care for victims Plan’s priority areas, and to act on crimes related to commercial sexual · Have the judicial system receiving reports exploitation of children and adolescents. and caring efficiently for victims.

STRATEGIC OBJECTIVE 4: Deepen the knowledge on objectives and prevention, care and legal programs of commercial sexual exploitation of children and adoles- the Plan. cents so as to strengthen on an ongoing basis different PROGRAMS EXPECTED RESULTS WHO IS IN CHARGE SYSTEMATIZATION OF EXPERIENCES: that en- Documents containing systematized experi- · National Committee, able national and international exchange of new ences. · Specialized NGOs. knowledge and updated information on commercial sexual exploitation of children and adolescents. INFORMATION CENTER: that contributes to Centralized information on commercial sexual · National Committee, building a centralized database, based on inform a- exploitation · Government entity in charge of processing data with ni - tive support of governmental and non-governmental stitutional support of: institutions. Regional Governmental Congress on Sexual Exploitation of Children

· Ministry of Justice · National Civil Police, · Courts, · Ministry of Health and Social Welfare, · Departmental governments at national level, · National Immigration Center, · National Board of Public Shows, · Ministry of Labor and Social Welfare, · SEGEPLAN. RESEARCH: to reach deep into the subject through Document conducted studies. · National Committee, studies on: participation of children in commercial · NGOs specialized in research. sexual exploitation; modus operandi of sexual ex- ploitation networks; and the emotional factors that facilitate a protective response to children and ado- lescents. Regional Governmental Congress on Sexual Exploitation of Children

ANNEXES northwest where that same index is 34.7% and 38.5% respectively. General description of priority areas of the National Action Plan against Com- The most outstanding feature of the capital mercial Social Exploitation of Children city is the centralization of resources, serv- and Adolescents ices and opportunities, leaving the rest of the country with reduced possibilities and at the mercy of central decision, a fact that is reflected in all development indicators. The capital city is located in the Department of Guatemala and is officially classified as Coastal areas and harbors: metropolitan area. National Statistics De- partment15 2000 estimates indicate In terms of incidence and prevalence of 2,578,527 inhabitants, almost 40% thereof commercial sexual exploitation the most (1,015,303) located in the municipality of significant are: Guatemala where the capital city is located, and the majority of the population (51.9%) is Puerto de San José: Located in Escuintla, women. In the Department of Guatemala as and despite being geographically located in a whole, 49.3% of the population (i.e. the southern part of the country it is officially 1,270,428 inhabitants) is under 19 years of classified as central. Population is 43,304 age, this percentage should be similar to inhabitants, 9% of the Department’s total that of the capital city. population. Men are 51.9% (20,831 inhabi- tants) and 48.1% (20,831 inhabitants) are PNUD16 statistics show that the social ex- women. Population under 19 years of age clusion or poverty index in the metropolitan should be similar to that of the whole de- region is the lowest one (11.4%), in particu- partment (53.3%). lar in comparison to other regions: north and Puerto de San Jose, besides having agri- cultural industries and tourism, has great 15 All information on population in this commercial potential due to its harbor, fact section is from: Guatemala. “Estima- that has attracted foreigners, not always with ciones de población por departamento positive effects on locals, the younger in según edad y sexo 1990 – 2010” and particular. “Estimaciones de población por muni- cipio según sexo 1990 – 2005”. Gua- temala: INE, CELADE, 1997 Puerto Barrios: Located in Izabal, in the 16 Guatemala: la fuerza incluyente del northeast, this area is the only access to the desarrollo humano. Informe de Desa- Atlantic Ocean, and has 27.7% of the total rrollo Humano 2000. Guatemala: population of the Department (92,507 in- Sistema de Naciones Unidas, 2000. Regional Governmental Congress on Sexual Exploitation of Children habitants out of a total of 333,955), men are As in Antigua Guatemala, Panajachel is a majority (51.8%, 47,928 inhabitants) and tourist destination promoted worldwide par- minors (it is estimated that the population ticularly since it is located on Lake Atitlán, a under 19 years of age is similar to that of the town tourists use as gateway for other towns Department, 54.8%). around the lake. Main income sources: Tourism, trade and manufacture of textiles, Tourist destinations: handicrafts and other products that are ei- ther sold locally or exported to the US and Research carried out in Guatemala has pro- Europe. vided insights into tourist destinations pro- moted and used as sex tourism destinations. Border areas:

Antigua Guatemala: municipality of Sa- Border populations are relevant to program catepéquez, central region. Total population and project implementation due to incidence in Antigua is 44,604 inhabitants, that is to and prevalence not only of minor prostitu- say 17.2% of the department’s total popula- tion, but also as entry points for trafficking in tion. The majority are men (50.3%) and minors for commercial sexual exploitation population under 19 years of age is esti- purposes. mated to be similar to that of the department (52.5%). Mexican Border: Tecún Umán, Ayutla, San Marcos: A historical center of Guatemala (head- quartered the Captaincy General for over Main border city between Mexico and Gua- 200 years, and nowadays a colonial city de- temala, capital city of the municipality of clared of World Heritage by UNESCO), a Auytla, in the southwest of the country. The tourist destination par excellence, promoted National Statistics Board 2000 estimates as such by the Guatemalan Tourist Board show that the population of the municipality (INGUAT) and other tourist agencies. Main is of 32,014 inhabitants, i.e. 3.8% of the total income sources: tourism and agriculture, in population of the Department of San Mar- particular coffee plantations. cos, a small percentage compared to other bigger and densely inhabited municipalities. Panajachel: municipality of Solalá, south- The majority of the population are males western region, with 10,584 inhabitants, one (50.1% compared to 49.1% of females) and of the smallest (3.4%) of Solalá. The major- under 19 years of age (57.1% of the popula- ity of the population are male (50.3%) and tion of San Marcos is considered minor, es- 57.4% are under 19 years of age. timates that are also valid for Ayutla). Regional Governmental Congress on Sexual Exploitation of Children

Tecún Umán is the main source of wealth not an international tourist destination, the for the municipality: agriculture (large plan- Andamirá Caves attract many Guatemalan tations of African palm, bananas, tobacco, visitors. water melon and maize), industry (mainly agrochemicals, African palm oil processing Other Municipalities and Departments: plants, Mexican gas packing facilities and cement packing plants), trade (transport of San Marcos: passengers and merchandise, street sale of products from Tapachula), and services The influence of Tecún Umán, Ayutla, San (banks, hotels, customs, immigration, tricy- Marcos, over other nearby towns in Ocós, cle carriers, stewards or raft operators, Malacatán and Catarina, is relevant. Eco- money changers, etc.)17. nomic and social patterns are similar as well as patterns of commercial sexual exploita- Salvadoran Border: Valle Nuevo, Jalpata- tion of children and adolescents. gua, Jutiapa: The three municipalities are located in the Juatiapa has 3 border points with El Salva- southwest of the country and for the three of dor: San Cristóbal, municipality of Asunción them, population of under 19 years of age is Mita; Ciudad Pedro de Alvarado, municipal- 57.1% (with only slight differences among ity of ; and Valle Nuevo, municipality municipalities). of . The latter is probably the most used by trade and tourism with El Sal- Ocós: vador and the rest of Central America. With 28,520 inhabitants (3.3% of the de- Jalpatagua has 24,368 inhabitants (6.3% of partment, one of the most densely inhabited the total inhabitants of the department) male in Guatemala). The difference between population is higher (12,257) albeit not sig- male and female population is not significant nificantly than female (12,131, i.e. 0.6%). (51.8% and 48.2% respectively). Agriculture is the main source of income, The municipalities of Jalpatagua, Moyuta activity that has gathered importance due to and are breeders of cattle, sheep, large banana plantations for export. Some hogs and horses. Despite the fact that it is workers commute to Mexico to work in ba- nana and papaya plantations or in border

17 Source: “Diagnóstico sobre Niñez industries bringing in extra income for Gua- Trabajadora. Municipios de Malacatán, temalan families. Ocós is an unauthorized Catarina, Ayutla y Ocós, San Marcos” harbor. Its industrial salt mines and fishing of Peralta Chapetón, Carlos and Williams W. Mazariegos L. Guatemala: PAMI, 1998. Regional Governmental Congress on Sexual Exploitation of Children sea bass, catfish, shrimp and shark are source of income. The main crops are ot - worth mentioning. 18 bacco and coffee, followed by avocado, pineapple and watermelon. Trade in Mexi- Malacatán: can border areas is also significant.

With 66,593 inhabitants (7.9% of the total Escuintla: population of San Marcos), its male popula- Besides Puerto de San José, Escuintla is tion is slightly higher than female one another municipality where prevention and (51.1% and 48.9% respectively). care for children and adolescents victim of Per capita income varies according to activ- commercial sexual exploitation has become ity: in agriculture daily wages are Q. 18.00, a priority. in industry Q 40.00 and in the service sector Q 125.00. Average monthly income per Escuintla is located in the central part of the family ranges from Q. 700 to Q. 750 19. country, with a total population of 113,320 inhabitants (23.4% of the total population of Agriculture is still the main activity (64% of the department), has a majority of males the population is dedicated to agriculture), (50.5% compared to 49.5% of females). followed by trade (16%), industry (8%) and Minor population is a majority as well services (6%). Agricultural production con- (53.35% as inferred from that of the whole sists of large plantations of maize and coffee department). and to lesser extent plantations of citrus, papaya, pineapple and rubber. Trade in Escuintla has seen a major development of Mexican border areas, Tapachula in par- agriculture. Main crops are sugar cane, ticular, is significant. 20 coffee, cotton, bananas, citrus, watermelon and melon. It also has other non-traditional Catarina: products. Cattle breeding plays a role in the The municipality has 22,257 inhabitants, municipality’s economy. It has potential and 2.6% of the total population of San Marcos. the will to exploit tourism in general and The difference between male and female ecological tourism in particular (protected population is of 3%, 2000 estimates of the areas of local flora and fauna). National Statistics Board are of 51.5% of males and 48.5% of females. Industry and trade are also relevant in the following sectors: agriculture, industrial, Catarina´s economy is based on agriculture, trade, transport and private services. 21 the main source of employment and the best 21 Source: “¡Somos mayoría! Niñez y 18 Ibidem. juventud en el contexto demográfico y 19 Ibidem. socioeconómico de Guatemala”. Gua- 20 Ibidem. temala: PAMI, 1998. Regional Governmental Congress on Sexual Exploitation of Children

lation and a majority of males (52.3% and Suchitepéquez: 47.4% of females).

Mazatenango, capital city and municipality The whole department has a majority of in- of Suchitepéquez, is also known as a center habitants under 19 years of age (55.2%) a for commercial sexual exploitation of chil- percentage that is inferred to these 2 mu- dren and adolescents. nicipalities.

Located in the southwest of the country, it Production is basically centered in agricul- has 57,406 inhabitants (14.2% of the de- ture, export of agricultural products both tra- partment’s total population). Male and ef - ditional ones and those to be industrially male population are almost the same processed. Both municipalities also have (28,739 males and 28,667 females, 50.1% forestry and cattle breeding. and 49.9% respectively). In Suchitepéquez, population under 19 years of age is 55.8%, Quetzaltenango: Mazatenango should have a similar per- centage. Coatepeque is the municipality where Commercial Sexual Exploitation of Children The department has agriculture as its main and Adolescents is reported with the highest production, but forestry and cattle breeding frequency. It is located in the southwest and are also important, both in the municipality has 94,389 inhabitants (13.9% of the total and in the department as a whole. population of the department). Male popu- lation (50.8%) is not significantly higher than Retalhuleu: female population (49.2%).

Realhuleu, capital city of the municipality The capital has 21.8% of the total population and of the department is located in the of the department: 148,108 inhabitants, half southwest of the country. 2000 Estimates males, half females. are of 72,366 inhabitants (30% of the de- partment). Male population is 36,491 and Population under 19 years of age is 55.4%, female population 35,875 inhabitants (0.8% percentage that should be similar for both difference). municipalities.

Champerico is a harbor its southern coast Chimaltenango: adjacent to the Pacific Ocean is also located in southwestern Guatemala. National Sta- The capital city of the department, Chimal- tistics Board 2000 estimates are of 23,195 tenango, and El Tejar, a municipality located inhabitants, 9.6% of the department’s popu- next to the departmental capital are the lo- Regional Governmental Congress on Sexual Exploitation of Children cations where there is more evidence of the problem. This situation is evidenced in the high amount of bars and other commercial sexual The population of the municipality where the exploitation centers that align the Pan- capital city is located is 65,838 inhabitants, American Highway, main road towards the 15.4% of the total population of the depart- western part of the country. ment. Even if not significantly, male popula- tion is higher than female, (50.8% and Jutiapa: 49.2% respectively). According to 2000 estimates of the National The population of El Tejar is lower than that Statistics Board, the municipality of Jutiapa, of the municipality of Chimaltenango (3% of capital of the department of Jutiapa, has the total population of the department). 91,577 inhabitants, a 23.7% of the total Male population is higher than female population of the department. Jutiapa, un- (50.9% and 49.1% respectively). like all the other municipalities already men- tioned has a higher female population Despite not having information per munici- (50.1% compared to 49.9% of males). pality, population under 19 years of age in the department of Chimaltenango is the This municipality is also dedicated to agri- majority (57.0%), the same tendency is in- culture: rice, maize, beans, baby corn, to- ferred in the municipalities of Chimaltenango matoes, chili, sorghum and onions are the and El Tejar. main crops. Coffee and sugar cane are It is worth noting that despite the fact that produced for export. Cattle breeding is also the rural area is still dedicated to agriculture, worth mentioning as the results of this activ- cities and towns in this municipality have ity are reflected in this municipality as well experienced a growth in trade, in particular as in other neighboring ones in milk produc- since the free trade zone of San Lucas Sa- tion, cheese, cream and other dairy prod- catepéquez - El Tejar was established. This ucts. Bread making has also grown both in fact has fostered the growth of “MAQUILAS” Jutiapa and in Asunción Mita, another mu- that have monopolized the labor market, nicipality of that same department. composed mainly of girls and adolescents who report that one of the highest risks they face is commercial sexual exploitation by bosses or other persons that induce and deceive them.22

22 Source: “... nos hacen llorar”, Cu- mes, Heliodoro y Teresa Chocoyo. Guatemala: PAMI, 1997.