Law Against Human Trafficking

OBJECT, PURPOSE, AND NATURE OF THE LAW. The purpose of this Law is to define the legal and institutional framework necessary for the prevention and combating of Human Trafficking and the care of its victims. This Law is of special public order and indefinite duration.

OBJECTIVES. This Law has the following objectives to adopt the necessary measures to:

• 1)

  Create public policies for the prevention of Human Trafficking;

• 2)

  Produce the necessary regulations to strengthen the punishment of Human Trafficking;

• 3)

  Define a specific and complementary framework for protection and assistance to victims of Human Trafficking;

• 4)

  Promote the restitution and advancement of the rights of victims; and,

• 5)

  Structure, promote, and facilitate national and international cooperation on the issue of Human Trafficking.

GENERAL PRINCIPLES. For the application of this Law, the following principles shall be taken into account:

• 1)

  PRINCIPLE OF UNIVERSALITY OF HUMAN RIGHTS: In all provisions aimed at the prevention and prosecution of the crime of Human Trafficking, as well as the protection and care of persons declared as victims by authorities with the foundation of respect and restitution of their fundamental human rights. For all purposes, special consideration must be given to specificities by sex, age, incapacity, and disability;

• 2)

  PRINCIPLE OF NON-DISCRIMINATION: Independently of the criminal or administrative process carried out for the investigation of the crime of Human Trafficking, the provisions contained in this Law shall be applied in such a manner as to guarantee non-discrimination of persons who are victims of this crime, on grounds of ethnicity, sex, age, language, religion, sexual orientation, political opinions or any other nature, origin, nationality, economic position, or any other social or migratory condition;

• 3)

  PRINCIPLE OF PROTECTION: The protection of the life, physical integrity, liberty, and security of persons who are victims of the crime of Human Trafficking is considered paramount. Witnesses to the crime and persons dependent upon or related to the victim person who are under threat, before, during, and after the process without the victim person being obligated to collaborate with the investigation as a requirement for protection to be granted. When the victim person is a child or adolescent, their best interest and all their fundamental rights as established in the applicable national and international regulations must be taken into account;

• 4)

  PRINCIPLE OF SUITABILITY OF MEASURES: Measures of assistance and protection must be applied according to the particular case and the special needs of the victim persons, always for their benefit;

• 5)

  PRINCIPLE OF CONFIDENTIALITY: All administrative or jurisdictional information related to the protection of persons who are victims of the crime of Human Trafficking, their dependents, persons related to them, and witnesses to the crime, shall be of a confidential nature, such that its use must be reserved exclusively for the purposes of the investigation or the respective process. This obligation extends to all judicial and administrative bodies, both public and private;

• 6)

  PRINCIPLE OF NON-REVICTIMIZATION: In the processes regulated by this Law, officials and employees of institutions, both public and private, must avoid any action or omission that harms the physical, mental, or psychological state of the victim, including exposure to the media, and must act at all times in strict adherence to and respect for the fundamental rights of the person affected by the crime of Human Trafficking;

• 7)

  PRINCIPLE OF PARTICIPATION AND INFORMATION: The opinions and specific needs of victim persons must be taken into consideration when any type of decision is made that concerns their interests. In the case of children and adolescents, the right to expression must be guaranteed at all stages of the process, always attending to their best interest;

• 8)

  BEST INTEREST OF THE CHILD: In all actions adopted in relation to children, the best interest of the child must be the principal consideration, guaranteeing their proper reintegration into society through the exercise, enjoyment, and restitution of human rights, recognizing that persons under eighteen (18) years of age are not holders of rights and favoring them in the decisions that are made; and,

• 9)

  PRINCIPLE OF NON-REFOULEMENT: When a person is a victim of Human Trafficking, the humanitarian principle of non-refoulement to the State from which they originate or to third States in which they manifest fear of return shall be applied. This is without prejudice to the right that this Law confers upon them to remain in the national territory, according to the migration laws.

SCOPE OF APPLICATION. This Law applies to the prevention and punishment of all forms of Human Trafficking, whether national or transnational, as related to organized crime, and to the care and protection of persons who are victims of these crimes and the restitution of their rights. In the case of children and adolescents, the provisions established in the Children and Adolescent Code, contained in Decree No. 73-96 dated May 30, 1996, must be observed.

APPLICABLE REGULATIONS. The sources of application of this Law constitute all international and national human rights instruments in force in the country or any that Honduras may subscribe to or ratify on this matter. In particular, the following shall be applicable regulations:

• 1)

  The Constitution of the Republic;

• 2)

  Treaties and Conventions in force in Honduras;

• 3)

  This Law;

• 4)

  The Children and Adolescent Code;

• 5)

  The Criminal Code;

• 6)

  The Criminal Procedural Code; and, 7) Other related national legislation.

DEFINITIONS. For the purposes of this Law, the following shall be understood as:

• 1)

  HUMAN TRAFFICKING: The recruitment, transportation, transfer, accommodation, or reception of persons, resorting to threat or the use of force or other forms of coercion, fraud, deception, abuse of power or a situation of vulnerability, or the granting or receipt of payments or benefits to obtain the consent of a person who has authority over another, with purposes of exploitation. This exploitation shall include, at minimum, the exploitation of prostitution of others or other forms of sexual exploitation, forced labor or services, slavery or practices analogous to slavery, servitude, or the extraction of organs.

• 2)

  SERVITUDE: A state of dependence or subjugation of will in which the victimizing person by any means induces, forces, or conditions the victim person of Human Trafficking to perform acts, labor, or provide services.

• 3)

  SLAVERY OR ANALOGOUS PRACTICES: The state or condition of an individual over which the attributes of the right of ownership are exercised or some of them.

• 4)

  FORCED LABOR OR SERVICE: All labor or service required of a person under threat of harm or the obligation to pay a spurious debt shall be understood as forced labor or service.

• 5)

  FORCED BEGGING: A person who forces another through the use of deception, threats, abuse of power relations, or other forms of violence to beg for money in public places to obtain a benefit that does not favor the victim.

• 6)

  FORCED PREGNANCY: When a woman is induced by force, deception, or other means of violence to become pregnant, for the purpose of the sale of the person under age, the product of that pregnancy.

• 7)

  FORCED OR SERVILE MARRIAGE: Any institution or practice by virtue of which a person, without having the right to oppose it, is promised or given in marriage in exchange for a consideration in money or in kind delivered to his or her father, mother, guardian, relatives, or to any other person or group of persons. Forced or servile marriage also occurs when a person contracts marriage under deception and is subjected to sexual and/or labor servitude.

• 8)

  TRAFFICKING IN ORGANS, HUMAN FLUIDS, AND TISSUES: Transport or transfer of organs, human fluids, or tissues for the purpose of obtaining an economic benefit.

• 9)

  SALE OF PERSONS: Any act or transaction by which a person is sold to another or to a group of persons in exchange for remuneration or any other benefit.

• 10)

  COMMERCIAL SEXUAL EXPLOITATION (CSE): The utilization of persons in activities with sexual purposes where there is a payment or promise of payment to the victim or to a third party who profits from it.

• 11)

  IRREGULAR ADOPTION: It occurs when adoption is equivalent to a sale, that is, in cases where children or adolescents have been abducted, kidnapped, or surrendered for adoption with or without the consent of their parents, guardians, or relatives.

• 12)

  RECRUITMENT OF PERSONS UNDER EIGHTEEN (18) YEARS OF AGE FOR CRIMINAL ACTIVITIES: It is the use of children in the activities of Organized Crime, as defined by the Palermo Convention.

• 13)

  PERSONS DEPENDENT UPON AND/OR RELATED TO THE VICTIM: Persons dependent upon or related to the victim include: All those persons for whom the victim of Human Trafficking is responsible or is obligated to support, whether they are members of the family nucleus within the fourth degree of consanguinity and according to affinity or kinship, by adoption, and/or who were present with the victim person of Human Trafficking during the commission of the crime, as well as all persons who due to their relationship with the victim person are in a situation of risk as a consequence of their direct or indirect intervention in the investigation of the crime or in the process of rescue and care of the victim;

• 14)

  REINTEGRATION: An orderly, planned, and consensual process with the victim person of Human Trafficking, which supports their comprehensive long-term recovery and the full restitution of their human rights in society.

• 15)

  RESTITUTION OF RIGHTS: It comprises the return of the victim person to the enjoyment of their fundamental human rights, especially family life, return to the place of residence when safe, and reintegration to work, including the possibility of continuing education and the return of goods that were taken from them by force or deception by the traffickers, respecting the right of third parties acting in good faith.

• 16)

  REPARATION: It comprises the rights that the State of Honduras has to exercise the necessary legal actions aimed at recovering the expenses incurred in the process of care, protection, and reintegration of the victim.

CREATION OF THE COMMISSION. The Inter-institutional Commission Against Commercial Sexual Exploitation and Human Trafficking (CICESCT) is hereby created, with the purpose of promoting, articulating, monitoring, and evaluating actions aimed at the prevention and eradication of this phenomenon in its diverse manifestations through the management and implementation of specialized public policies on this matter. The Inter-institutional Commission Against Commercial Sexual Exploitation and Human Trafficking (CICESCT) shall function as a decentralized body of the Secretariat of State in the Offices of Justice and Human Rights and shall have legal personality, organizational autonomy, technical, financial, and budgetary autonomy.

COMPOSITION. The Inter-institutional Commission Against Commercial Sexual Exploitation and Human Trafficking (CICESCT) shall be composed of the head or representative of the following Public Institutions:

• 1)

  Secretariat of State in the Offices of Justice and Human Rights;

• 2)

  Supreme Court of Justice;

• 3)

  National Congress through the commissions linked to the subject matter;

• 4)

  Public Ministry;

• 5)

  Secretariat of State in the Office of Security;

• 6)

  Secretariat of State in the Office of Finance;

• 7)

  Secretariat of State in the Offices of Interior and Population;

• 8)

  Secretariat of State in the Office of Foreign Relations;

• 9)

  Secretariat of State in the Office of Education;

• 10)

  Secretariat of State in the Offices of Work and Social Security;

• 11)

  Secretariat of State in the Offices of Work and Social Security;

• 12)

  Secretariat of State in the Office of Social Development;

• 13)

  Secretariat of State in the Office of Tourism;

• 14)

  Technical Secretariat of Planning and External Cooperation;

• 15)

  Secretariat of State in the Offices of Indigenous Peoples and Afro-descendants;

• 16)

  National Commissioner of Human Rights;

• 17)

  Honduran Institute for Children and Family;

• 18)

  National Institute of Youth;

• 19)

  National Institute of Women;

• 20)

  Regional Presidential Commissioners;

• 21)

  Association of Municipalities of Honduras; and 22) One representative of Non-Governmental Organizations (NGOs) accredited to work on the topics of this Commission, who shall attend with the right to speak and vote. For the purpose of improving its functioning, the full plenary of the Inter-institutional Commission Against Commercial Sexual Exploitation and Human Trafficking (CICESCT) shall, by simple majority, proceed to elect a Board of Directors, composed of seven (7) members, with a duration of two (2) years. The members of the Inter-institutional Commission Against Commercial Sexual Exploitation and Human Trafficking (CICESCT) and the Board of Directors referred to in this Article shall exercise their functions on an ad-honorem basis, since they are salaried persons in each of the institutions that present them.

PURPOSE OF THE COMMISSION. The purpose of the Inter-institutional Commission Against Commercial Sexual Exploitation and Human Trafficking (CICESCT) is to promote the coordination of actions aimed at the prevention, care, and eradication of these crimes in their diverse manifestations.

POWERS AND DUTIES. The Inter-institutional Commission Against Commercial Sexual Exploitation and Human Trafficking (CICESCT) shall have the following powers and duties:

• 1)

  Coordinate at the national level the actions carried out by public and private institutions aimed at raising awareness, preventing, caring for victims, and combating the crimes of commercial sexual exploitation and Human Trafficking;

• 2)

  Promote the legal protection and comprehensive care of victims from a human rights approach;

• 3)

  Contribute to the prevention of risk factors at the local and national level;

• 4)

  Promote the eradication of the phenomenon of both Human Trafficking and sexual exploitation in its different manifestations;

• 5)

  Promote the participation of children in different actions aimed at prevention;

• 6)

  Monitor the country's actions for the prevention and eradication of Commercial Sexual Exploitation and Human Trafficking;

• 7)

  Contribute to the development of regional initiatives for the prevention and eradication of Commercial Sexual Exploitation and Human Trafficking; and,

• 8)

  Appoint the Executive Secretary.

RESOLUTIONS. Decisions and resolutions shall be made by more than half of its attending members on the first call or in accordance with those who attend the following. It is the duty of the heads of State institutions that are part of the board to attend the sessions. If they are unable to do so, they must substitute their representation with an official accredited for that purpose, who shall attend with broad powers of decision on matters to be discussed in the plenary.

ORGANIZATION. The direction and administration of the Inter-institutional Commission Against Commercial Sexual Exploitation and Human Trafficking (CICESCT) shall be carried out through the following bodies:

• 1)

  Board of Directors;

• 2)

  Executive Secretariat; and,

• 3)

  Consultation and technical advisory bodies.

POWERS AND DUTIES OF THE BOARD OF DIRECTORS. The powers and duties of the Board of Directors are:

• 1)

  Execute the resolutions, policies, and directives adopted in the plenary of the Inter-institutional Commission Against Commercial Sexual Exploitation and Human Trafficking (CICESCT);

• 2)

  Promote interaction, coordination, and cooperation among Public, Non-Governmental Institutions, and international cooperation organizations for the implementation of actions aimed at preventing, promoting, and eradicating Commercial Sexual Exploitation and Human Trafficking;

• 3)

  Act as a body of consultation, advice, and control of other departments and entities of the public administration, as well as regional, departmental, municipal authorities, and social and private sectors when they so require for the discussion and follow-up of actions regarding the prevention and eradication of commercial sexual exploitation and Human Trafficking;

• 4)

  Convene, through the Executive Secretariat, ordinary and extraordinary sessions of the Inter-institutional Commission Against Commercial Sexual Exploitation and Human Trafficking (CICESCT) in accordance with the Regulations;

• 5)

  Issue directives to the Executive Secretariat; and,

• 6)

  Other duties delegated by the plenary of the Inter-institutional Commission Against Commercial Sexual Exploitation and Human Trafficking (CICESCT).

TECHNICAL BODY. The Executive Secretary or Executive Secretary of the Inter-institutional Commission Against Commercial Sexual Exploitation and Human Trafficking (CICESCT), based on public competition and according to the terms of reference for their hiring, who shall be the legal representative and administrator of the Inter-institutional Commission Against Commercial Sexual Exploitation and Human Trafficking (CICESCT). The duration in office shall be three (3) years, renewable, the exercise of their functions shall be full-time, and must meet the following requirements:

• 1)

  Be Honduran by birth;

• 2)

  Be over twenty-five (25) years of age;

• 3)

  Be of recognized respectability; and,

• 4)

  Be a professional in the social area preferably, and/or with recognized experience and authority in the subject.

FUNCTIONS OF THE EXECUTIVE SECRETARIAT. The functions of the Executive Secretariat are:

• 1)

  Execute, plan, organize, manage, and supervise the administrative, operational, economic, and financial tasks of the Inter-institutional Commission Against Commercial Sexual Exploitation and Human Trafficking (CICESCT), in accordance with the instructions set by it and its Board of Directors;

• 2)

  Facilitate and support the processes of inter-institutional coordination and articulation of State entities responsible for the direct execution of national plans;

• 3)

  Resolve in the first instance cases that the Board of Directors expressly delegates to it;

• 4)

  Act as Secretary of the Board of Directors;

• 5)

  Supervise the correct execution of the agreements of the Board of Directors;

• 6)

  Coordinate the celebration of acts, agreements, and contracts with public and private entities, national and international;

• 7)

  The coordination of the elaboration and articulation of action plans at both national and international levels, as well as the administration, finances, and international relations, in accordance with the guidelines established by the Board of Directors;

• 8)

  Make the convocation for ordinary meetings which shall be held once a month and extraordinary meetings when necessary;

• 9)

  Prepare the annual report of the actions carried out by the Commission, which shall be submitted to the three (3) branches of the State and to the Public Ministry;

• 10)

  Coordinate the activities of the Immediate Response Team (ERI);

• 11)

  Elaborate the Annual Operating Plan (POA) and its budget for the corresponding fiscal year;

• 12)

  Define performance indicators for the goals of the Annual Operating Plan (POA) and maintain a system of supervision and monitoring of member entities; and,

• 13)

  Other duties established in the respective Regulations.

ADVISORY AND TECHNICAL CONSULTATION BODIES. Civil society organizations, private and business sectors, specialized professionals, universities, regional entities, and international cooperation organizations that work in prevention, protection, recovery, and social reintegration of victims shall be incorporated as members of the Inter-institutional Commission Against Commercial Sexual Exploitation and Trafficking in Persons (CICESCT), in the capacity of advisory and technical consultation bodies. Their participation shall be auxiliary to the execution of guidelines and national action plans, as well as other actions in favor of the eradication of Commercial Sexual Exploitation and Trafficking in Persons. These sectors shall be formally invited to attend the sessions of the Inter-institutional Commission Against Commercial Sexual Exploitation and Trafficking in Persons (CICESCT).

ECONOMIC RESOURCES. For the fulfillment of the objectives of this Law, the Ministry of State in the Office of Finances shall allocate in the Annual Budget of Revenues and Expenditures of the Republic the necessary annual budgetary allocation for the rational, efficient, and effective functioning of the Inter-institutional Commission Against Commercial Sexual Exploitation and Trafficking in Persons (CICESCT), in accordance with the budget presented by it. Each institution, whether of the central government, decentralized, or municipal, must allocate budgetary items in its budget proposal for the purpose of fulfilling its respective competencies within the framework of national action plans in each fiscal year. Furthermore, the Commission shall have the following resources:

• 1)

  Contributions and subsidies received from various institutions;

• 2)

  Donations, inheritances and bequests, as well as national and international cooperation of licit origin, from natural or legal persons, public or private, of which an account shall be given through special report in accordance with the norms and procedures regulated by the Court of Accounts, by the institutions or persons providing the respective cooperation;

• 3)

  Those granted by special laws;

• 4)

  Funds that come from the administration or sale of assets that are the product and subject matter of the crime of Trafficking in Persons that are seized; and,

• 5)

  Any other funds obtained by any title. The Inter-institutional Commission Against Commercial Sexual Exploitation and Trafficking in Persons (CICESCT) shall allocate a maximum of thirty percent (30%) of financial resources to the Fund for Assistance to Victims of Trafficking in Persons (FOAVIT) and ten percent (10%) to the operation of the Immediate Response Team. Said resources shall be regulated by the Inter-institutional Commission Against Commercial Sexual Exploitation and Trafficking in Persons (CICESCT). The resources referred to in this Article may not be transferred to purposes other than those established in this Law.

IMMEDIATE RESPONSE TEAM. The Immediate Response Team (ERI) is hereby created, coordinated by the Executive Secretariat of the Inter-institutional Commission Against Commercial Sexual Exploitation and Trafficking in Persons (CICESCT), which shall have as its main functions: 1) Interview possible victims of Trafficking in Persons detected by authorities in the investigation process or cases in flagrante delicto and accredit them as victims of the crime; and, 2) Recommend primary or secondary assistance measures applicable to each victim person. The team shall be composed of specialized technical representatives in the crime of Trafficking in Persons from institutions designated by its Board of Directors. The form of operation of the Immediate Response Team (ERI) shall be detailed in the Regulations of this Law.

NATIONAL INFORMATION SYSTEM ON TRAFFICKING IN PERSONS. The National Information System on Trafficking in Persons (SNITdP) shall be an instrument for the collection, processing, and analysis of statistical and academic information on the characteristics and dimensions of Trafficking in Persons in Honduras; its causes and effects and shall serve as the basis for the formulation of policies, strategic plans and programs, as well as to measure the fulfillment of the objectives set out in national plans. The Inter-institutional Commission Against Commercial Sexual Exploitation and Trafficking in Persons (CICESCT) shall create, develop, coordinate, and maintain the operation of said System through the Executive Secretariat, which shall collect and systematize the information provided by the different units and entities that make up the Commission and the results of academic, social, judicial, and criminological research. This data shall be updated periodically. Public and private institutions and State agencies that maintain information related to Trafficking in Persons shall supply it to the Executive Secretariat for the corresponding registration in the National Information System on Trafficking in Persons (SNITdP). In no case shall the data be subject to legal privilege. The data supplied to the National Information System on Trafficking in Persons (SNITdP) may be made public, in numerical summaries, reports, and statistics that do not include personal data of victims and of a judicial nature and that do not permit deduction of any information that could be used for discriminatory purposes or threaten the rights to life, liberty, personal integrity, and privacy of the victims.

FUND FOR ASSISTANCE TO VICTIMS. The Fund for Assistance to Victims of Trafficking in Persons and Related Activities (FOAVIT) is hereby established, which shall be composed in accordance with what is determined in this Law. These shall be used exclusively for the care and social reintegration of victims of Trafficking in Persons. The sums of money corresponding to the Fund shall be deposited in a special account with the procedure and regulation to be determined by the Regulations of this Law.

CONCEPT. Prevention shall be understood as the application of all those actions of preparation, delimitation, and planning aimed at anticipating, reducing, and preventing the criminal phenomenon of Trafficking in Persons in its different modalities.

PREVENTION MEASURES. It shall be incumbent upon the State institutions defined in this Law, its Regulations, and the National Plan Against Trafficking in Persons, in accordance with their competencies, to allocate the necessary personnel and resources for the formulation of permanent plans and programs of dissemination and training and the application of concrete measures that discourage the demand for Trafficking in Persons, facilitate its detection, and alert the general public and in particular to the officials of public and private entities about the existence and effects of this criminal phenomenon. The request for resources for the prevention of Trafficking in Persons extends to Non-Governmental Organizations (NGOs) and organized groups of civil society. These must demonstrate that they have an Action Plan on the subject, as well as a detail of their programs and projects related thereto.

CAMPAIGNS. The Inter-institutional Commission Against Commercial Sexual Exploitation and Trafficking in Persons (CICESCT), under the protection of the Law of Emission of Thought, shall manage the free obtaining of spaces and weekly awareness campaigns in the media intended for education and guidance campaigns aimed at combating Trafficking in Persons in all its modalities, without prejudice to the space that may be dedicated to other public health campaigns. The Inter-institutional Commission Against Commercial Sexual Exploitation and Trafficking in Persons (CICESCT) shall coordinate the use of these spaces.

CONCEPT OF VICTIM. A person who has suffered harm, including physical or mental injuries, emotional suffering, financial loss, or substantial impairment of fundamental rights, as a consequence of the crime of Trafficking in Persons. A person may be considered a victim, in accordance with this Law, regardless of whether the perpetrator of the criminal act has been identified, apprehended, prosecuted, or convicted. In the term "victim" is also included, family members or persons in charge who have an immediate relationship with the direct victim and persons who have suffered harm by intervening to assist the victim in danger or to prevent victimization.

RIGHTS. The rights of victims of the crime of Trafficking in Persons are:

• 1)

  To receive immediate and comprehensive care;

• 2)

  Protection of their physical and emotional integrity;

• 3)

  To receive clear and understandable information about their legal situation and immigration status in a language, medium, or form that they understand and in accordance with their age, degree of maturity, or disability condition, or any other situation, as well as access to free legal representation;

• 4)

  Migration protection including the right to remain in Honduras, in accordance with what this Law provides and to receive the documentation that accredits such circumstance;

• 5)

  That voluntary repatriation to the place where their domicile was established be facilitated;

• 6)

  That resettlement be facilitated, when circumstances determine the need for their transfer to a third country;

• 7)

  Comprehensive reparation for the harm suffered;

• 8)

  The protection and restoration of rights that have been restricted, threatened, or violated; and,

• 9)

  Others determined in national and international laws. In the case of children and adolescent victims of the crime of Trafficking in Persons, in addition to the previously stated rights, it shall be ensured that procedures recognize their specific needs resulting from their condition as subjects in full development of personality. Family or community reintegration shall be sought, taking into account the totality of best interest and the circumstances of the case; when it concerns victims in a condition of disability, their special needs shall be addressed. The rights cited in this Article are comprehensive, inalienable, and indivisible.

PRIMARY CARE MEASURES FOR VICTIMS. These measures are applied during the first seventy-two (72) hours after authorities become aware of a case of Trafficking in Persons in the investigation process or in flagrante delicto. These assistance measures for victims shall include:

• 1)

  That they be provided with the necessary supplies to meet their basic needs for personal hygiene, food, health, and clothing;

• 2)

  Health care and necessary medical assistance, including, when appropriate and with due confidentiality, tests for HIV and detoxification and other illnesses;

• 3)

  Provision of adequate and safe lodging. In no case shall persons who are victims of the crime of Trafficking in Persons be lodged in prisons, penitentiary facilities, police facilities, or administrative facilities intended for the lodging of detained, prosecuted, or convicted persons;

• 4)

  Counseling and psychosocial and legal assistance to victims and family members, in a confidential manner and with full respect for the privacy of the person concerned, in a language, medium, and form that they understand; and,

• 5)

  Translation and interpretation services in accordance with their nationality, customs, and disability condition. To the extent possible and when appropriate, assistance shall also be provided to family members or persons in charge who have an immediate relationship with the direct victim and to persons who have suffered harm by intervening to assist the victim in danger or to prevent victimization. All victim assistance services shall be provided taking into account their specific and special requirements. These measures shall be determined in a technical report by specialized personnel of the Immediate Response Team (ERI), except in cases where due to circumstances of distance or communication they must be taken by the authorities of the place where the victim was located.

SECONDARY CARE MEASURES FOR VICTIMS. These measures are associated with the process of prolonged assistance to survivors of Trafficking in Persons and are taken in the medium and long term. They are carried out by different entities in accordance with their institutional roles and responsibilities and include:

• 1)

  Improve the physical and mental condition of the victim with treatments that may be necessary;

• 2)

  Provide a prolonged or permanent temporary migratory status when appropriate and in accordance with a detailed technical analysis and consensus with the victim;

• 3)

  Manage, when appropriate and with the consent of the victim, repatriation or resettlement; and,

• 4)

  Apply the necessary coordination measures among institutions so that the victim has proper and safe lodging and opportunities for study and work. These measures shall be determined in a technical report by specialized personnel of the Immediate Response Team (ERI).

SPECIALIZED CENTERS OR PLACES FOR CARE OF VICTIMS OF TRAFFICKING IN PERSONS. The State shall provide the necessary resources for the creation and establishment of specialized facilities and programs for comprehensive care of victims surviving Trafficking in Persons, national or foreign, or contribute to private organizations that provide these services. The care centers or areas shall be composed of specialized multidisciplinary teams and shall be administered by personnel from public or private institutions.

ACCREDITATION OF THE VICTIM. The Immediate Response Team (ERI) shall be in charge of the process of accrediting victims of Trafficking in Persons. For this purpose, it shall issue reports that contain the technical criteria that support the identification of the victim of Trafficking in Persons. Accreditation shall be carried out through an established technical procedure and by professionals specially trained for this purpose. The procedure for accrediting victims shall be defined in the Regulations of this Law.

DOCUMENTATION OF THE VICTIM. National authorities in coordination with their diplomatic and consular representatives of Honduras must use all necessary means to achieve a positive identification of victims of Trafficking in Persons who are foreign and national and who are located within or outside the national territory and who do not have identification documents. The same procedure shall be followed with persons in charge of the victim when appropriate. The absence of identification documents shall not prevent the victim and their dependents from having access to all care or protection resources referred to in this Law.

PERIOD OF TEMPORARY STAY. When the Immediate Response Team (ERI) issues a report determining that a foreign national is a victim of Human Trafficking and must remain temporarily in Honduran territory for reasons of personal safety and/or to decide, with necessary legal assistance, whether to file the corresponding complaint; the General Directorate of Migration and Foreign Affairs shall grant the victim a temporary residence permit with a minimum period of ninety (90) calendar days. This permit extends to persons who directly depend on the victim. If the victim is a minor, the temporary residence permit includes all rights and benefits established by international instruments and national regulations on this matter in relation to their best interests. In all cases, victims have the option to apply for refugee status. CHAPTER VII ACCESS TO JUSTICE AND FAIR TREATMENT

HUMAN DIGNITY. Victims of Human Trafficking shall be treated by officials and employees of public and private institutions with consideration and respect for their dignity in strict adherence to their fundamental human rights under the penalties that national legislation establishes.

RIGHT TO PRIVACY AND CONFIDENTIALITY OF IDENTITY. In no case shall rules or administrative provisions be issued that require the registration of persons who are victims of Human Trafficking in a special registry, or that obligate them to possess a special document that expressly identifies them as a victim.

PARTICIPATION OF THE VICTIM IN THE PROCESS. The competent authorities in judicial or administrative proceedings shall:

• 1)

  Inform victims of their role and the scope, chronological development and progress of the proceedings, as well as the decision of their cases, especially when it concerns serious crimes and when they have requested such information;

• 2)

  Allow the opinions and concerns of victims to be presented and examined at different stages of the process, whether administrative or criminal;

• 3)

  Provide appropriate assistance to victims throughout the entire criminal or administrative process;

• 4)

  Adopt measures to minimize the inconvenience caused to victims, protect their privacy, if necessary, and guarantee their safety, as well as that of their family members and witnesses in their favor, against any act of intimidation and retaliation; and,

• 5)

  Conduct interviews or statements under special conditions of protection and care.

PROTECTION AND PRIVACY OF INFORMATION. All information related to a case of Human Trafficking is confidential, both that obtained in the investigation process and that provided by the victim and witnesses in judicial or administrative proceedings and before officials of private entities. It shall be for exclusive use for judicial purposes in criminal proceedings by the directly interested and accredited parties. All measures necessary for the protection of the identity and location of victims, their dependents, and witnesses are preserved. This does not include information for statistical or academic purposes. All public and private institutions responsible for the identification, assistance to victims, and prosecution of the crime of Human Trafficking in the country, by mutual agreement, shall implement and apply a protocol of actions that shall be detailed in the Regulation of this Law, regarding the reception, storage, supply, and exchange of information related to cases of Human Trafficking. The complaint or interview of the victim and/or witnesses during judicial and administrative proceedings shall be conducted with due respect to their private life, and outside the presence of the public and media. The name, address, or other identifying information, including images, of a victim of Human Trafficking, their family members, or associates, shall not be disclosed or published in the media.

SPECIAL EXPERT EXAMINATIONS. When special expert examinations, such as psychological and forensic medical examinations, must be conducted on victims of the crime of Human Trafficking, an interdisciplinary team should be formed, to the extent possible, in order to integrate, in the same session, the interviews that the victim requires, when this does not affect the performance of the expert examination. Their best interests and all their fundamental rights must be taken into account, especially family life, return to their place of residence when safe, and reintegration into work, including the possibility of continuing education and the return of their property that was taken from them in the course of the Human Trafficking activity, without prejudice to what is established for third parties acting in good faith.

PROTECTION OF THE VICTIM OF HUMAN TRAFFICKING IN THE CRIMINAL PROCESS. In the event that the victim has filed a complaint and is under threat, proceedings shall be conducted in accordance with what is established in Decree No. 67-2007 dated May 28, 2007, containing the Law for the Protection of Witnesses in Criminal Proceedings, the Code of Childhood and Adolescence, and the Criminal Procedure Code.

PROTECTION OF VICTIMS OF HUMAN TRAFFICKING OUTSIDE THE CRIMINAL PROCESS. Victims of Human Trafficking who decide to file a complaint or cooperate with authorities may receive protection against situations of threat and following a risk assessment. Protection shall be the responsibility of the institution designated in the Regulation of this Law. Protection in these cases shall be provided as a complementary part of primary and secondary care and with resources from the Fund for Assistance to Victims of Human Trafficking and Related Activities (FOAVIT).

COMPREHENSIVE REPRESENTATION OF THE VICTIM. Victims of Human Trafficking may have the free services of a Legal Professional provided by the State, who shall assist them in all positions and proceedings related to their condition as a victim of the crime, whether in criminal, civil, immigration, or administrative proceedings. This includes proper representation in civil action when required. CHAPTER VIII REINTEGRATION PROCESS

RESTITUTION. The Honduran State through its institutions and the cooperation of civil organizations and international bodies must guarantee that surviving victims of the crime of Human Trafficking are restored the exercise and enjoyment of their fundamental human rights, especially family life, return to their place of residence when safe, and reintegration into work, including the possibility of continuing education and the return of their property that was taken from them in the course of the Human Trafficking activity, without prejudice to what is established for third parties acting in good faith.

COMPENSATION FOR DAMAGE. Compensation for damage must be guaranteed through an extrajudicial settlement between perpetrator and victim, judicial and administrative mechanisms contemplated in the corresponding laws; victims shall be informed of their rights to obtain compensation through these mechanisms.

RESTITUTION. In cases with final judgment, convicted persons must make restitution to the victims, their family members, or persons in their care. It shall specifically include the return of property or payment for damages or losses suffered, the reimbursement of expenses incurred as a consequence of victimization, the provision of services, and the restoration of rights.

REPATRIATION. The competent authorities shall facilitate the repatriation of victims of Human Trafficking, nationals abroad or foreigners in national territory, without undue or unjustified delay, and with due respect for their rights and dignity, after analysis of the risk that return may generate. For all purposes, repatriation is voluntary and assisted. The corresponding diplomatic representations are obligated to provide the cooperation necessary for due repatriation.

RESETTLEMENT. The resettlement process shall proceed when the victim or their dependents cannot return to their country of birth or residence and cannot remain in Honduras due to a threat or reasonable danger that affects their life, integrity, and personal freedom. In all reintegration processes cited in this Chapter, the human rights of the victim and the persons in their care shall be respected. Their opinion shall be taken into account and the confidentiality of their condition as a victim shall be maintained. These procedures shall be developed in the Regulation of this Law.

REFUGE. The provisions of this Law shall not affect the rights, obligations, and responsibilities of the State, international organizations, and persons when applicable, the international norms on humanitarian law, in particular the Convention on the Status of Refugees and its Protocol, as well as the principle of non-refoulement enshrined in such instruments. CHAPTER IX PROCEDURAL PROVISIONS

CRIME OF PUBLIC ACTION. The crime of Trafficking in Persons contemplated in this Law and applicable regulations are crimes of public action.

NON-PUNISHABILITY. Victims of the crime of Trafficking in Persons are not criminally or administratively punishable for the commission of misdemeanors or crimes when such acts have occurred during the execution of the criminal activity of Trafficking and as a consequence thereof.

DUTY TO REPORT. State public officials and employees shall mandatorily report to the Public Ministry any situation that constitutes reasonable suspicion of activity of Trafficking in Persons.

ANTICIPATORY EVIDENCE. Anticipatory evidence shall be applied immediately and in all cases when a person is accredited by the corresponding procedure as a victim of Trafficking in Persons and is willing to provide an interview or statement in the criminal proceeding; which shall be governed by the rules established in the Criminal Procedural Code. The statement of victims and witnesses may, in addition to the forms established in the Criminal Procedural Code, be rendered through the use of the Gesell Chamber and the Videoconferencing System.

CIVIL REPARATION ACTION. When the tribunal declares the accused criminally responsible for the crime of Trafficking in Persons, it shall also condemn him to the payment of reparation for damages caused to the victim. The civil judgment must include, according to the circumstances of the case:

• 1)

  The costs of medical treatment;

• 2)

  The costs of psychological attention and physical and occupational rehabilitation;

• 3)

  The costs of transportation, including return to his or her place of origin or transfer to another country when appropriate, food expenses, provisional housing and care of persons under eighteen (18) years of age in which he or she has incurred;

• 4)

  Lost income;

• 5)

  The reparation of damages caused;

• 6)

  Compensation for moral damage; and,

• 7)

  The reparation derived from any other loss suffered by the victim that has been generated by the commission of the crime. The migratory status of the victim or its absence due to return to his or her country of origin, residence in third States, shall not prevent the tribunal from ordering the payment of compensation in accordance with this Article. Through the established diplomatic channels and with the support of information provided by the Public Ministry, all necessary steps shall be taken to locate the victim and inform him or her of the judicial resolution that grants him or her the reparatory benefit.

RIGHT OF RECOURSE. The Honduran State shall apply in all cases the right of recourse against the accused person when there is a final judgment. This right shall apply to the State's expenses in the process of care, protection and reintegration of the victim of the crime. CHAPTER X PENAL PROVISIONS

TRAFFICKING IN PERSONS. Any person who facilitates, promotes or executes the recruitment, retention, transportation, transfer, delivery, reception or acceptance of persons, within or outside national territory, for the purpose of subjecting them to servitude, slavery or analogous practices, forced labor or services, begging and forced pregnancy, forced or servile marriage, illicit trafficking in human organs, fluids and tissues, sale of persons, commercial sexual exploitation, irregular adoption and the recruitment of persons under eighteen (18) years of age for their use in criminal activities shall incur the crime of Trafficking in Persons and shall be punished with a sentence of ten (10) to fifteen (15) years of imprisonment, plus absolute disqualification for double the duration of the imprisonment and a fine of one hundred fifty (150) to two hundred fifty (250) minimum wages. The aforementioned penalty shall be increased by one-half (1/2) in the following cases:

• 1)

  When the victim is under eighteen (18) years of age;

• 2)

  When the author is the spouse, partner or relative of the victim up to the third degree of consanguinity or second degree of affinity;

• 3)

  When the active subject uses force, intimidation, deception, promise of employment or supplies drugs or alcohol to the victim;

• 4)

  When the active subject takes advantage of his or her business, trade, profession or function that he or she performs;

• 5)

  When the active subject takes advantage of the relationship of trust with persons who have authority over the victim or makes payments, loans or concessions to obtain their consent;

• 6)

  When the punishable act was committed by a criminal group comprised of three (3) or more members; and,

• 7)

  When the victim, due to the abuse to which he or she is subjected, becomes disabled or contracts a disease that threatens his or her life. In no case shall the consent given by the victim of Trafficking in Persons or by his or her legal representative be taken into account.

REPEAL. This Law is of public order and repeals the following provisions: Article 149 of Decree No. 144-83 dated August 23, 1983, containing the PENAL CODE, amended by Decree No. 234-2005 dated September 1, 2005, published in the Official Gazette La Gaceta No. 30,920 on February 4, 2006 which amended the Penal Code in Title II, Book Two, Special Part of the Penal Code, in the section: CRIMES AGAINST FREEDOM AND PHYSICAL, PSYCHOLOGICAL AND SEXUAL INTEGRITY OF PERSONS.

TRANSITIONAL, CONVOCATION, ELECTION OF BOARD OF DIRECTORS AND REGULATION OF THIS LAW. The State Secretariat in the Offices of Justice and Human Rights, within a period not exceeding thirty (30) days from the date of entry into force of this Law, shall convene the members of the Inter-institutional Commission Against Commercial Sexual Exploitation and Trafficking in Persons (CICESCT), so that it be installed by the President of the Republic, and then the Inter-institutional Commission Against Commercial Sexual Exploitation and Trafficking in Persons (CICESCT) shall proceed with the appointment of the Board of Directors. Under the responsibility of the State Secretariat in the Offices of Justice and Human Rights, the Inter-institutional Commission Against Commercial Sexual Exploitation and Trafficking in Persons (CICESCT) shall proceed to issue the Regulation within a period of sixty (60) days.

AD HONOREM. The members of the Inter-institutional Commission Against Commercial Sexual Exploitation and Trafficking in Persons (CICESCT) and Board of Directors shall perform the functions referred to in this Law on an ad honorem basis, with the exception of the Executive Secretary and the personnel of the Immediate Response Unit.

EFFECTIVE DATE. This Decree shall enter into force from the day of its publication in the Official Gazette La Gaceta. Given in the city of Tegucigalpa, municipality of the Central District, in the Session Hall of the National Congress, on the twenty-fifth day of the month of April of two thousand twelve. JUAN ORLANDO HERNÁNDEZ ALVARADO PRESIDENT RIGOBERTO CHANG CASTILLO SECRETARY GLADIS AURORA LÓPEZ CALDERÓN SECRETARY To the Executive Branch Therefore, Let It Be Executed Tegucigalpa, M.D.C., May 30, 2012. PORFIRIO LOBO SOSA PRESIDENT OF THE REPUBLIC. THE STATE SECRETARY IN THE OFFICES OF JUSTICE AND HUMAN RIGHTS. ANA A. PINEDA