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 combat of Trafficking in Persons and the care of its victims. This Law is of special public order and indefinite duration.

OBJECTIVES. This Law has as its objective to adopt the necessary measures to:

• 1)

  Create public policies for the prevention of Trafficking in Persons;

• 2)

  Produce the necessary regulations to strengthen the punishment of Trafficking in Persons;

• 3)

  Define a specific and complementary framework of protection and assistance to victims of Trafficking in Persons;

• 4)

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

• 5)

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

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 Trafficking in Persons, as well as the protection and care of persons declared victims not punishable, the respect and restitution of their fundamental human rights must be the foundation. For all purposes, special consideration must be given to the specificities regarding sex, age, incapacity and disability;

• 2)

  PRINCIPLE OF NON-DISCRIMINATION: Regardless of the criminal or administrative process carried out for the investigation of the crime of Trafficking in Persons, the provisions contained in this Law shall be applied in such a way 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 kind, origin, nationality, economic position or any other social or migratory condition.

GENERAL PRINCIPLES. For the application of this Law, the following principles shall be taken into account: 3) PRINCIPLE OF PROTECTION: The protection of the life, physical integrity, freedom and security of persons who are victims of the crime of Trafficking in Persons, witnesses to the crime and persons dependent on or related to the victim, who are under threat, is considered paramount, before, during and after the process without requiring the victim to collaborate with the investigation as a condition for being granted protection. When the victim is a child or adolescent, their best interests and all their fundamental rights as provided in applicable national and international regulations must be taken into account; 4) PRINCIPLE OF SUITABILITY OF MEASURE: Measures of assistance and protection must be applied according to the particular case and the special needs of the victims, always in their benefit; 5) PRINCIPLE OF CONFIDENTIALITY: All administrative or jurisdictional information related to the scope of protection of persons who are victims of the crime of Trafficking in Persons, their dependents, persons related to them and witnesses to the crime shall be of a confidential nature, so 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 both public and private institutions 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 compliance with and respect for the fundamental rights of the person affected by the crime of Trafficking in Persons; 7) PRINCIPLE OF PARTICIPATION AND INFORMATION: The opinions and specific needs of persons who are victims must be taken into consideration when any decision is made that concerns their interests. In the case of children and adolescents, the right of expression must be guaranteed at all stages of the process, always attending to their best interests; 8) BEST INTERESTS OF THE CHILD: In all actions adopted in relation to children, the best interest of the child must be the primary consideration, guaranteeing their proper reintegration into society, through the exercise, enjoyment and restitution of violated rights, recognizing the minor under eighteen (18) years of age as a holder of rights and favoring the decisions that are made; and, 9) PRINCIPLE OF NON-REFOULEMENT: When a person alleges to be a victim of Trafficking, the humanitarian principle of non-refoulement to the State from which they come or to third States where they manifest fear of return shall be applied. This is without prejudice to the right that this Law grants them to remain in the national territory, in accordance with migration laws.

SCOPE OF APPLICATION. This Law applies to the prevention and punishment of all forms of Trafficking in Persons, whether national or transnational, related or not 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 Code of Childhood and Adolescence, contained in Decree No. 73-96 dated May 30, 1996, shall be adopted.

APPLICABLE REGULATIONS. All international and national instruments for the protection of human rights in force in the country or any that Honduras has signed or ratified on this matter constitute sources of application of this Law. In particular, the following shall be applicable law:

• 1)

  The Constitution of the Republic;

• 2)

  Treaties and Conventions in force in Honduras;

• 3)

  This Law;

• 4)

  The Code of Childhood and Adolescence;

• 5)

  The Criminal Code;

• 6)

  The Criminal Procedure Code; and, 7) Other related national legislation. CHAPTER II DEFINITIONS

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

• 1)

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

• 2)

  SERVITUDE: State of dependence or subjection of will in which the perpetrator by any means, including by force, obligates the victim of Trafficking in Persons to perform acts, labor or provide services.

• 3)

  SLAVERY OR SLAVERY-LIKE PRACTICES: The state or condition of an individual over whom the attributes of the right of property 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 obliges another through the use of deception, threats, abuse of power relations or other forms of violence, to ask 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 selling the minor resulting from the same.

• 7)

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

• 8)

  TRAFFICKING IN ORGANS, FLUIDS AND HUMAN TISSUES: Transport or cession of organs, fluids or human tissues for the purpose of obtaining 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 use of persons in activities for sexual purposes where there is a payment or promise of payment to the victim or to a third party who trades in her.

• 11)

  IRREGULAR ADOPTION: It occurs when the adoption is equivalent to a sale, that is, the case in which children or adolescents have been abducted, kidnapped or given up for adoption with or without the consent of their parents, guardians or family members.

• 12)

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

• 13)

  PERSONS DEPENDENT ON AND/OR RELATED TO THE VICTIM: Persons dependent on or related to the victim include: All those persons for whom the victim of Trafficking in Persons is responsible or is obligated to support, whether they are members of the family nucleus within the fourth degree of consanguinity and second degree of affinity by adoption and/or who were present with the victim of Trafficking during the commission of the crime, as well as all persons who, due to their relationship with the victim, 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 ordered, planned process agreed upon with the victim of Trafficking in Persons, which supports their comprehensive long-term recovery and the full restitution of their human rights in society.

• 15)

  RESTITUTION OF RIGHTS: Comprises the return of the victim to the enjoyment of their fundamental human rights, especially life in family when this does not imply risk, the return to the place of residence when it is safe and reintegration into work, including the possibility of continued training and the return of goods that were taken from them by force or deception by the traffickers, respecting the right of third parties in good faith.

• 16)

  REPETITION: 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 Interinstitutional Commission Against Commercial Sexual Exploitation and Trafficking in Persons (CICESCTI) is hereby created, with the purpose of: promoting, articulating, monitoring and evaluating the actions designed for the prevention and eradication of this phenomenon in its various manifestations through the management and implementation of specialized public policies on this matter. The Interinstitutional Commission Against Commercial Sexual Exploitation and Trafficking in Persons (CICESCTI) shall function as a deconcentrated body of the State Secretariat in the Offices of Justice and Human Rights and shall have legal personality, organizational, technical, financial and budgetary autonomy.

COMPOSITION. The Interinstitutional Commission Against Commercial Sexual Exploitation and Trafficking in Persons (CICESCTI) shall be composed of its principal representative or representative of the following Public Institutions:

• 1)

  State Secretariat 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)

  State Secretariat in the Office of Security;

• 6)

  State Secretariat in the Office of Finance;

• 7)

  State Secretariat in the Offices of Interior and Population;

• 8)

  State Secretariat in the Office of Foreign Relations;

• 9)

  State Secretariat in the Office of Education;

• 10)

  State Secretariat in the Office of Health;

• 11)

  State Secretariat in the Offices of Labor and Social Security;

• 12)

  State Secretariat in the Office of Social Development;

• 13)

  State Secretariat in the Office of Tourism;

• 14)

  Technical Secretariat of Planning and External Cooperation;

• 15)

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

• 16)

  National Commissioner for Human Rights;

• 17)

  Honduran Institute for Children and the Family;

• 18)

  National Youth Institute;

• 19)

  National Institute for Women;

• 20)

  Presidential Regional Commissioners;

• 21)

  Association of Municipalities of Honduras; and 22) A representative of Non-Governmental Organizations (NGOs) accredited to work on the subjects of this Commission, who shall attend with the right to speak and vote. In order to streamline its operation, the plenary of the Interinstitutional Commission Against Commercial Sexual Exploitation and Trafficking in Persons (CICESCTI), by simple majority shall proceed to elect a Board of Directors, comprised of seven (7) members, with a duration of two (2) years. The members of the Interinstitutional Commission Against Commercial Sexual Exploitation and Trafficking in Persons (CICESCTI) and the Board of Directors referred to in this Article shall exercise their functions on an ad-honorem basis as they are salaried persons in each of the institutions they represent.

OBJECT OF THE COMMISSION. The object of the Interinstitutional Commission Against Commercial Sexual Exploitation and Trafficking in Persons (CICESCTI) is to promote the coordination of actions aimed at the prevention, care and eradication of these crimes in their various manifestations.

POWERS. The Interinstitutional Commission Against Commercial Sexual Exploitation and Trafficking in Persons (CICESCTI) shall have the following powers:

• 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 Trafficking in Persons;

• 2)

  Promote interaction, coordination and cooperation among Public Institutions, non-governmental organizations and international cooperation bodies for the realization of actions aimed at preventing, promoting and eradicating Commercial Sexual Exploitation and Trafficking in Persons;

• 3)

  Act as a consultative, advisory and control body of other departments and entities of the public administration, as well as of the regional, departmental, municipal authorities and the social and private sectors when they so require for the discussion and monitoring of actions regarding the prevention and eradication of commercial sexual exploitation and Trafficking in Persons;

• 4)

  Convene, through the Executive Secretariat, ordinary and extraordinary sessions of the Interinstitutional Commission Against Commercial Sexual Exploitation and Trafficking in Persons (CICESCTI) in accordance with the Regulations;

• 5)

  Issue directives to the Executive Secretariat; and,

• 6)

  Such other matters as delegated to it by the plenary of the Interinstitutional Commission Against Commercial Sexual Exploitation and Trafficking in Persons (CICESCTI).

RESOLUTIONS. Decisions and resolutions shall be made by half plus one of its members present in the first call or in accordance with those who attend in the next one. It is the duty of the heads of the State institutions that are part of the board to attend the sessions. Failure to do so shall require them to substitute their representation with an authorized official, who shall attend with broad decision-making powers on the matters to be discussed in the plenary.

ORGANIZATION. The direction and administration of the Interinstitutional Commission Against Commercial Sexual Exploitation and Trafficking in Persons (CICESCTI) shall be carried out through the following bodies:

• 1)

  Board of Directors;

• 2)

  Executive Secretariat; and,

• 3)

  Consultation and technical advisory bodies.

POWERS OF THE BOARD OF DIRECTORS. The powers of the Board of Directors are:

• 1)

  Execute the resolutions, policies and directives adopted in the plenary of the Interinstitutional Commission Against Commercial Sexual Exploitation and Trafficking in Persons (CICESCTI);

• 2)

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

• 3)

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

• 4)

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

• 5)

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

• 6)

  Monitor country actions for the prevention and eradication of Commercial Sexual Exploitation and Trafficking in Persons;

• 7)

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

• 8)

  Appoint the Executive Secretary.

TECHNICAL BODY. The Executive Secretary shall be appointed by the Board of the Interinstitutional Commission Against Commercial Sexual Exploitation and Trafficking in Persons (CICESCTI), based on a public call and in accordance with the terms of reference for their hiring, who shall be the legal and administrative representative of the Interinstitutional Commission Against Commercial Sexual Exploitation and Trafficking in Persons (CICESCTI). The duration in office shall be three (3) years, renewable, the exercise of their functions shall be full-time, and they must meet the following requirements:

• 1)

  Be Honduran by birth;

• 2)

  Over twenty-five (25) years of age;

• 3)

  Of recognized honorability; and,

• 4)

  Professional in the social area preferentially, and/or with recognized experience and authority on 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 Interinstitutional Commission Against Commercial Sexual Exploitation and Human Trafficking (CICESCTI), in accordance with the instructions established by the Commission and its Board of Directors;

• 2)

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

• 3)

  Resolve in the first instance the 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 execution of acts, agreements and contracts with public and private entities, national and international;

• 7)

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

• 8)

  Make the call 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 sent to the three (3) branches of State and to the Public Prosecutor's Office;

• 10)

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

• 11)

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

• 12)

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

• 13)

  Others that are established in the respective Regulations.

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

ECONOMIC RESOURCES. For the fulfillment of the objectives of this Law, the State Secretariat in the Office of Finance shall allocate in the Budget of Income and Expenditures of the Republic, an annual budgetary item destined for the national, efficient and effective operation of the Interinstitutional Commission Against Commercial Sexual Exploitation and Human Trafficking (CICESCTI), in accordance with the budget presented by the same. Each institution, whether from the central government, deconcentrated or municipal, shall allocate budgetary items in its budget proposal, for the purpose of complying with their respective responsibilities 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 lawful origin, from natural or legal persons, public or private, of which it shall account through a special report in accordance with the norms and procedures regulated by the Superior Court of Accounts, the institutions or persons that provide the respective cooperation;

• 3)

  Those granted by special laws;

• 4)

  Funds derived from the administration or sale of assets that are the product and object of the crime of Human Trafficking that are seized; and,

• 5)

  Any other funds obtained for any reason. The Interinstitutional Commission Against Commercial Sexual Exploitation and Human Trafficking (CICESCTI) shall allocate a maximum of thirty percent (30%) of its financial resources to the Fund for the Care of Victims of Human Trafficking (FOAVIT) and ten percent (10%) to the operation of the Immediate Response Team. Such resources shall be regulated by the Interinstitutional Commission Against Commercial Sexual Exploitation and Human Trafficking (CICESCTI). 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 Interinstitutional Commission Against Commercial Sexual Exploitation and Human Trafficking (CICESCTI), whose main functions shall be: 1) Interview possible victims of Human Trafficking detected by the authorities in the investigation process or cases in flagrancy and accredit them as victims of the crime; and, 2) Recommend the care measures, whether primary or secondary, applicable to each victim. The team shall be composed of technical representatives specialized in the crime of Human Trafficking from the institutions designated by its Board of Directors. The mode of operation of the Immediate Response Team (ERI) shall be detailed in the Regulations of this Law.

NATIONAL INFORMATION SYSTEM ON HUMAN TRAFFICKING. The National Information System on Human Trafficking (SNITdP) shall be an instrument for the collection, processing and analysis of statistical and academic information on the characteristics and dimensions of internal and external trafficking in Honduras; its causes and effects and shall serve as a basis for the formulation of policies, strategic plans and programs, as well as to measure the fulfillment of the objectives set forth in the national plans. The Interinstitutional Commission Against Commercial Sexual Exploitation and Human Trafficking (CICESCTI) shall create, develop, coordinate and maintain the operation of said System through the Executive Secretariat, which shall collect and systematize the information supplied 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 handle national information on Human Trafficking shall supply it to the Executive Secretariat for the corresponding registration in the National Information System on Human Trafficking (SNITdP). In no case may the data refer to matters of legal confidentiality. The data supplied to the National Information System on Human Trafficking (SNITdP) may be made public in numerical summaries, statistical reports that do not include personal data of the victims or of a judicial nature and that do not allow for deduction of any information of an individual character that could be used for discriminatory purposes or threaten the rights to life, freedom, personal integrity and privacy of the victims.

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

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

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

CAMPAIGNS. The Interinstitutional Commission Against Commercial Sexual Exploitation and Human Trafficking (CICESCTI), under the protection of the Law of Freedom of Expression shall manage the free obtaining of space and weekly awareness campaigns in the media for the campaigns of education and guidance aimed at combating Human Trafficking in all its modalities, without prejudice to the space they may dedicate to other public health campaigns. The Interinstitutional Commission Against Commercial Sexual Exploitation and Human Trafficking (CICESCTI) shall coordinate the use of these spaces.

CONCEPT OF VICTIM. The person who has suffered damages, including physical or mental injuries, emotional suffering, financial loss or substantial impairment of fundamental rights, as a consequence of the crime of Human Trafficking. A person may be considered a victim, in accordance with this Law, independently of whether the person who committed the criminal act is identified, apprehended, prosecuted or convicted. The term "victim" also includes, when applicable, family members or dependents who have an immediate relationship with the direct victim and persons who have suffered damages by intervening to assist the victim in danger or to prevent victimization.

RIGHTS. The rights of victims of the crime of Human Trafficking are:

• 1)

  Receive immediate and comprehensive care;

• 2)

  Protection of their physical and emotional integrity;

• 3)

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

• 4)

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

• 5)

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

• 6)

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

• 7)

  Full reparation of the damage suffered;

• 8)

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

• 9)

  Others that are determined in national and international laws. In the case of children and adolescents who are victims of the crime of Human Trafficking, in addition to the rights previously stated, it shall be guaranteed that the procedures recognize their specific needs resulting from their condition as subjects in full development of their personality. Reintegration to their family nucleus or community shall be sought, if determined by the best interests and circumstances of the case; when it comes to persons who are victims with disabilities, their special needs shall be addressed. The rights cited in this Article are integral, irrevocable and indivisible.

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

• 1)

  Supply them with the necessary inputs 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 diseases;

• 3)

  Provision of adequate and safe accommodation. In no case shall victims of the crime of Human Trafficking be housed in jails, penitentiary, police or administrative facilities, intended for the housing 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 interested person, in a language, medium and form they understand; and,

• 5)

  Translation and interpretation services in accordance with their nationality, customs and disability status. To the extent possible and when appropriate, assistance shall also be provided to family members or dependents who have an immediate relationship with the direct victim and to persons who have suffered damages by intervening to assist the victim in danger or to prevent victimization. All assistance services shall be provided to the victim 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 the authorities of the place where the victim was located must take them.

SECONDARY CARE MEASURES FOR VICTIMS. These measures are associated with the process of prolonged assistance to the survivor victim of Human Trafficking 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 state of the victim with the treatments that may be necessary;

• 2)

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

• 3)

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

• 4)

  Apply the necessary coordination measures between institutions so that the victim has their own safe housing 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 THE CARE OF VICTIMS OF HUMAN TRAFFICKING. The State shall provide the necessary resources for the creation and integration of adequate facilities and programs for the comprehensive care of survivor victims of Human Trafficking, 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 accreditation of victims of Human Trafficking. For this purpose, it shall issue reports containing the technical criteria that support the identification of the victim of Human Trafficking. Accreditation shall be carried out through an established technical procedure and by professionals specially trained for that purpose. The procedure for accrediting victims shall be defined in the Regulations of this Law.

DOCUMENTATION OF THE VICTIM. National authorities, in coordination with the diplomatic and consular representatives of Honduras, must use all necessary means to achieve a positive identification of victims of Human Trafficking, whether foreign or national, who are found within or outside national territory and who do not have identification documents. The same procedure shall be followed with persons in charge of the victim when applicable.

PERIOD OF TEMPORARY STAY. When the Immediate Response Team (ERI) issues a report determining that a foreign person is a victim of Human Trafficking and must temporarily remain in Honduran territory due to their recovery and/or personal safety or to decide, with necessary legal assistance, whether to file the corresponding complaint; the General Directorate of Migration and Nationality shall grant the victim a permit for temporary stay for a minimum period of ninety (90) calendar days. This permit for temporary stay extends to persons who directly depend on the victim. If the victim is a minor, the permit for temporary stay includes all the rights and benefits established by international instruments and national regulations on the matter in relation to their best interest. In any case, victims have the option to apply for refugee status. CHAPTER VII ON 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 compliance with their fundamental human rights under penalty of the sanctions established by national legislation.

RIGHT TO PRIVACY AND CONFIDENTIALITY OF IDENTITY. In no case shall regulations 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.

VICTIM PARTICIPATION 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 serious crimes are involved and when they have requested such information;

• 2)

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

• 3)

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

• 4)

  Adopt measures to minimize inconvenience caused to victims, protect their privacy, when 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)

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

PROTECTION AND CONFIDENTIALITY OF INFORMATION. All information related to a case of Human Trafficking is confidential, whether obtained in the investigation process or supplied by the victim and witnesses in judicial or administrative proceedings before officials of private entities. Such information shall be used exclusively for judicial purposes in the criminal process by the directly interested and accredited parties. All necessary measures are reserved for the protection of the identity and location of victims, their dependents, and witnesses. This does not include information for statistical or academic purposes. All public and private institutions in charge of identification, assistance to victims, and prosecution of the crime of Human Trafficking in the country shall, by common agreement, implement and apply a protocol of procedures that shall be detailed in the Regulations of this Law, regarding the receipt, 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 carried out with due respect for their privacy, and outside the presence of the public and the 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 ASSESSMENTS. When different particular expert assessments, such as psychological and legal-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 conduct of the assessment. The best interest of the victim must be taken into account, in the case of minors; and, in any case, endeavor to reduce or avoid re-victimization at all times.

PROTECTION OF THE VICTIM OF HUMAN TRAFFICKING IN CRIMINAL PROCEEDINGS. In the event that the victim has filed a complaint and is under threat, proceedings shall be conducted in accordance with the provisions of Decree No. 67-2007 dated May 26, 2007, contained in 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 CRIMINAL PROCEEDINGS. Victims of Human Trafficking who decide not to file a complaint or cooperate with authorities may receive protection in situations of threat and following a risk assessment. Protection shall be the responsibility of the institution designated in the Regulations of this Law. Protection in these cases shall be provided as part and complement 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 proceedings and processes related to them in their condition as victims of the crime, whether in the criminal, civil, immigration, or administrative sphere. This includes proper representation in civil action when required. CHAPTER VIII ON THE 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, in particular life in family, return to the place of residence when safe, and reintegration into work, including the possibility of continuous training and the return of property that was unlawfully taken in the course of the Human Trafficking activity, without prejudice to what is established for third parties acting in good faith.

REPARATION OF HARM. Reparation of harm must be guaranteed through an extrajudicial settlement between perpetrator and victim, and judicial and administrative mechanisms contemplated in the corresponding laws; victims shall be informed of their rights to obtain reparation through these mechanisms.

RESTITUTION. In cases with a final judgment, convicted persons shall make restitution to victims, their families, or persons in their charge. This restitution shall include the return of property or payment for damage or losses suffered, the reimbursement of expenses incurred as a consequence of victimization, the provision of services, and the restitution of rights.

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

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

SHELTER. 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 said instruments. CHAPTER IX PROCEDURAL PROVISIONS

PUBLIC ACTION OFFENSE. The offense of Human Trafficking contemplated in this Law and related regulations constitute a public action offense.

NON-PUNISHABILITY. Victims of the offense of Human Trafficking are not subject to criminal or administrative penalties for the commission of infractions or offenses when such infractions or offenses have occurred during the execution of the criminal activity of Human Trafficking and as a consequence thereof.

DUTY TO REPORT. Public officials and civil servants shall be obligated to report to the Public Ministry any situation that constitutes reasonable suspicion of Human Trafficking activity.

EARLY EVIDENCE PROCEDURE. The early evidence procedure shall be applied immediately and in all cases when a person is certified as a victim of Human Trafficking and is willing to provide an interview or statement in the criminal proceeding; which shall be governed by the rules established in the Criminal Procedure Code. The statement of victims and witnesses may, in addition to the forms established in the Criminal Procedure Code, be given through the use of the Gesell Chamber and the Videoconference System.

CIVIL COMPENSATION ACTION. When the court declares the person criminally liable for the offense of Human Trafficking, it shall also condemn him or her to pay reparation for the damage caused to the victim. The civil conviction must include, according to the particularities of the case:

• 1)

  The costs of medical treatment;

• 2)

  The costs of psychological care and physical and occupational rehabilitation;

• 3)

  The costs of transportation, including return to the place of origin or transfer to another country when appropriate, food expenses, provisional housing and care of persons under eighteen (18) years of age, that have been incurred;

• 4)

  Lost income;

• 5)

  Reparation for damages suffered;

• 6)

  Compensation for moral damage; and,

• 7)

  Reparation arising from any other loss suffered by the victim that has been generated by the commission of the offense. The migratory status of the victim or its absence due to return to their country of origin, residence in a third country, shall not prevent the court from ordering payment of compensation in accordance with this Article. Through these diplomatic actions established and with the support of the information provided by the Public Ministry, all necessary steps shall be taken to locate the victim and notify them of the judicial resolution that grants them the compensation benefit.

RIGHT OF RECOVERY. The Honduran State shall apply in all cases the right of recovery against the person charged when there is a final conviction. This right shall apply to the State's expenses in the process of care, protection and reintegration of the victim of the offense. CHAPTER X CRIMINAL PROVISIONS

HUMAN TRAFFICKING. Any person who facilitates, promotes or executes the recruitment, retention, transportation, transfer, delivery, reception or harboring of persons, within or outside the national territory, to subject them to servitude, slavery or other similar practices, forced labor or services, begging and forced pregnancy, forced or servile marriage, illicit trafficking of 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 be punished with imprisonment of ten (10) to fifteen (15) years, plus absolute disqualification for double the time of imprisonment and a fine of one hundred fifty (150) to two hundred fifty (250) minimum salaries. The foregoing 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 perpetrator is the spouse, domestic partner or relative of the victim up to the third degree of consanguinity or second degree of affinity;

• 3)

  When the perpetrator uses force, intimidation, fraud, promise of employment or supplies drugs or alcohol to the victim;

• 4)

  When the perpetrator takes advantage of his or her business, occupation, profession or function that he or she performs;

• 5)

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

• 6)

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

• 7)

  When the victim, as a result of 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 Human Trafficking or by their 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: OFFENSES AGAINST THE LIBERTY AND PHYSICAL, PSYCHOLOGICAL AND SEXUAL INTEGRITY OF PERSONS.

TRANSITIONAL PROVISION. CONVOCATION, ELECTION OF BOARD OF DIRECTORS AND REGULATION OF THIS LAW. The Secretariat of State in the Departments of Justice and Human Rights, within a period not exceeding thirty (30) days from the date of entry into force of this Law, shall convoke the members of the Inter-institutional Commission Against Commercial Sexual Exploitation and Human Trafficking (CICESCTI), so that it may be installed by the President of the Republic; subsequently the Inter-institutional Commission Against Commercial Sexual Exploitation and Human Trafficking (CICESCTI), shall proceed to the appointment of the Board of Directors. Under the responsibility of the Secretariat of State in the Departments of Justice and Human Rights, the Inter-institutional Commission Against Commercial Sexual Exploitation and Human Trafficking (CICESCTI), 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 Human Trafficking (CICESCTI) and Board of Directors shall perform the functions referred to in this Law on a pro bono basis, except for the Executive Secretary(ary) and the personnel of the Immediate Response Unit.

EFFECTIVE DATE. This Decree shall enter into force as of 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 GLADI AURORA LÓPEZ CALDERÓN SECRETARY To the Executive Branch Therefore, Let It Be Enforced Tegucigalpa, M.D.C., May 30, 2012. PORFIRIO LOBO SOSA PRESIDENT OF THE REPUBLIC. THE SECRETARY OF STATE IN THE DEPARTMENTS OF JUSTICE AND HUMAN RIGHTS. ANAA. PINEDA