CE

Journal of Human Trafficking Boerman-Golob-1

Gangs and Modern-Day Slavery in El Salvador, Honduras and Guatemala: A Non-Traditional Model of Human Trafficking — Study Notes

  • Source focus: Boerman & Golob (February 3, 2020) analyze how Central American gangs (primarily MS13 and Barrio 18 factions) coercively recruit and control youth and women, creating a non-traditional model of human trafficking and modern-day slavery that operates mostly within gang territories rather than via cross-border trafficking for international markets.
  • Core argument: Unlike the traditional trafficking model that emphasizes fraud and cross-border movement for sex, labor, or other exploitation, these gangs rely on coercion, force, and violence to obtain and retain coerced service from youths and women in situ, aligning with gang needs and local dynamics rather than international market demands.
  • Practical implication: Calls for fundamental policy shifts by governments of El Salvador, Honduras, Guatemala and international partners to investigate, prosecute, and protect victims of gang-related coerced service (a form of modern slavery).

1) Key Concepts and Distinctions

  • Traditional human trafficking vs non-traditional gang coercion
    • Traditional model: victims are enticed by fraudulent offers (travel, study, employment) and moved across borders to fulfill sex, labor, or other forms of exploitation.
    • Non-traditional gang model: coercion and force dominate; exploitation occurs largely within gang-controlled spaces and services (domestic work, sex, criminal activity) and reflects gang needs rather than international demand.
  • Important distinctions
    • Gang membership: voluntary recognition as a member with benefits (camaraderie, protection, status, money).
    • Coerced servitude: targeted youth deprived of agency and rights, not conferred membership or benefits, often perceived by officials as “collaboration” rather than victimhood.
    • This paper argues coerced service constitutes a form of modern-day slavery that requires different forms of state response and victim protection.

2) Methodology (Page 3)

  • Time span and data sources
    • 18 years of regional research experience.
    • 200+ semi-structured interviews with youth subjected to coercion or exploitative relationships.
    • 200+ semi-structured interviews with professionals (government personnel, social service providers, rights activists, educators, clergy).
    • Brief literature review on human trafficking, gangs, and gender-based violence in El Salvador, Guatemala, and Honduras.
  • Intent and scope
    • Not an exhaustive treaty or literature review; focus on describing coercive practices against males (into criminal service) and females (into violent, exploitative relationships).
    • Argues two main claims: (1) these practices constitute a non-traditional form of modern-day slavery; (2) responses should shift to better protect victims and prosecute coerced service linked to gangs.

3) The North Triangle Context: Governments, Law, and International Frameworks

  • Traditional trafficking in the Northern Triangle (El Salvador, Honduras, Guatemala)
    • Regional estimates (traditional framework): ~30,000 in Honduras, ~47,000 in Guatemala, ~16,000 in El Salvador living in conditions of enslavement (Tenorio, 2019).
    • Palermo Protocol and international conventions: El Salvador (signed 2002), Guatemala (2004), Honduras (2008); all three are Tier 2 in TIP (indicating need for improved victim identification and prosecution capacity).
    • Domestic laws: El Salvador passed La Ley Especial Contra la Trata de Personas (Special Law Against Trafficking in Persons) in 2014; Guatemala passed a Law Against Sexual Violence, Exploitation and Trafficking in Persons in 2009; Honduras passed Decreto No. 59-2012 (The Law Against the Trafficking of Persons) with later amendments discussed but not yet enacted.
  • Government capacity and limitations (as of TIP 2018-2019)
    • El Salvador: PNC had 22 officers assigned to trafficking-related work; Fiscalía had 9 prosecutors and 16 staff; ~800 personnel trained; TIP notes limited state capacity and under-resourced system; continued organizational weaknesses in investigations and prosecutions (TIP 2018).
    • Guatemala: National Anti-Trafficking Plan (2018–2022) focused on better investigations, prosecutions, training, outreach, and enhanced victim services; TIP suggests limited progress in prevention and victim protection (2018).
    • Honduras: Law No. 59-2012 with expanded commissions; improvements in investigations, prosecutions, and victim identification; but TIP notes limited convictions of officials complicit in trafficking and uneven services beyond Tegucigalpa (TIP 2018-2019).
  • International and interagency framing
    • Governments are party to multiple international conventions (e.g., Protocols, ILO conventions, Inter-American treaties) but structural and systemic implementation gaps persist; editors cite Lopez & Orellana (2015) on the mismatch between treaty/action and real-world criminal networks’ power.

4) Gangs in the Northern Triangle: Structure and Reach

  • Primary actors
    • Mara Salvatrucha (MS13) and Barrio 18 (Barrio 18, with factions Sureños and Revolucionarios) as dominant transnational gang networks.
  • Evolution and impact
    • Transition from local neighborhood groups to transnational criminal organizations controlling territories and markets.
    • Wide-reaching networks and diversified criminal portfolios; estimated membership ranges from tens of thousands to a few hundred thousand including collaborators and supporters (e.g., El Salvador reportedly up to 500,000 linked individuals in some estimates).
  • The coercive environment
    • Gangs exert control through real-time knowledge, territorial domination, and terror, affecting almost every aspect of daily life in their zones.
    • The fear and coercive environment create population-level normalization of violence and impunity in some areas.

5) Why Gangs Use Coerced Service: Patterns and Explanations (Pages 10–13)

  • Core pattern: coerced service rather than voluntary recruitment is common; where membership is pursued, it usually involves enticements; coerced service is intended to minimize exposure to law enforcement and to exploit vulnerable youth efficiently.
  • Four main factors behind coercion into service
    • Access to targets in vulnerable spaces (schools, churches, universities, neighborhoods) by selecting youth with visible status or access points.
    • Exploiting systemic weaknesses in juvenile justice that do not adequately address young offenders.
    • Reducing gang exposure to investigation by turning youths into “agents” who act on behalf of the gang.
    • Outsourcing some needs (e.g., payments, logistics) by treating coerced youths as external contractors rather than employees, thus reducing gang-embedded costs.
  • Reputable sources document gang recruitment and coerced service as a form of modern-day slavery through various official reports (e.g., US DoS, UNHRC, UN Special Rapporteurs).
  • US DoS and UN UNHRC reports emphasize that victims (including children and women) are subjected to forced labor, sexual exploitation, and control through violence and intimidation; fear of reporting and safety concerns often suppress reporting.

6) Gender Dynamics: Females as Property and Coerced Relationships (Pages 18–21)

  • Context: Northern Triangle societies are heavily male-dominated with pervasive gender-based violence (SGBV) and impunity for crimes against women.
  • Gang hyper-masculinity and control over women
    • Gangs claim territorial “ownership” over women, enforcing submission to maintain image and control (KIND, 2018).
    • Women may be forced into intimate or conjugal relationships with gang leaders, sometimes described as a “Jaina” (girlfriend) relationship, which is characterized by extreme control and violence.
  • Forms of coercion and exploitation of females
    • Sexual slavery, domestic servitude, care for gang members’ children, forced criminal participation, and coercion to conjugal visits with incarcerated leaders to smuggle contraband.
    • Conjugal visits may involve smuggling phones, weapons, or drugs; sexual violence is used as a tool of terror and control; cases of torture rape reported by UN Special Rapporteur (UNHRC 2016).
    • Abduction and enslavement of females (e.g., “agarrada” or kidnapping in public spaces) to maintain fear and obedience within communities.
  • Case context and outcomes
    • Victims are frequently coerced to perform tasks for the gang, including coercing family members, collecting extortion, or providing information on community members.
    • Fear of police protection and retaliation by gangs leads to under-reporting and continued victimization.
  • Role of state response
    • Police and prosecutors often discount or distrust female victims, suspecting them of gang affiliation; victim protection services are often ill-equipped to address security needs; a pattern of police harassment persists.

7) Case Profiles: Illustrative Narratives of Coerced Service (Pages 13–17)

  • Jaysson (Case Profile)
    • Background: youth left in care of an uncle after his mother migrated; MS13 provided food and shelter in exchange for favors; escalated to beatings and coercion into criminal activity.
    • Outcomes: gang threats to his life and family; missionaries helped him disengage; gang continued to threaten him, forcing exile.
  • German (Case Profile)
    • Background: 15-year-old coerced into lookouts (halcón) for Barrio 18; threatened with death and his sister’s rape/murder if he refused; eventually forced to kill a kidnapped victim to secure his position.
    • Outcome: fled the country after realizing the extent of gang violence; risk of return remains due to ongoing threats.
  • Jose Luis (Case Profile)
    • Background: father a pastor; MS13 forced him to transport drugs and later to traffic marijuana and report on youth group participants.
    • Outcome: family relocated; gang continued to threaten relatives; risk to return remains; family faced social and safety risks.
  • Lidia (Case Profile)
    • Background: female coerced into conjugal visits and domestic/sexual servitude; forced to smuggle contraband into prisons; subjected to violence and coercion to sustain the relationship with a gang leader.
    • Outcome: family relocated; long-term safety concerns; Lidia’s case illustrates how female coercion extends into prison and family spheres.

8) Gender-Based Violence (SGBV) and Its Role in Gang Strategy (Pages 19–21)

  • Violence as a tool of terror and control
    • Rape, torture, and mutilation of women and girls used to demonstrate dominance, punish dissidents, and deter resistance.
    • Conjugal visits and sexual exploitation in prison are ways to extract loyalty, influence, and drug/phone smuggling capabilities.
  • Why reporting is difficult
    • Victims fear police retaliation, disbelief, or being re-victimized; reporting can trigger reprisals against themselves or family members.
    • Authorities may be reluctant to intervene in gang-controlled areas due to corruption, fear, or perceived ties between officials and gangs.
  • UN and NGO observations
    • UN Special Rapporteur notes that sexual violence is part of gang terror strategies; KIND highlights the pervasiveness of SGBV in gang-affected communities.

9) Coercion, Force, and Fraud: Conceptual Clarifications (Pages 22–25)

  • Definitions and practical differentiation
    • Force and coercion: threats of violence, intimidation, or actual harm that undermine personal autonomy and consent.
    • Fraud: deception (e.g., promises of money or status) can be used but is less central in the gang context than direct coercion.
  • Contextual factors that shape coercion
    • Psychological conditioning in violence-affected communities can render subtle threats effective for coercion due to PTSD, hypervigilance, and normalized violence.
    • The rapid escalation from coercion to coerced service is facilitated by fear, social isolation, and the absence of protective adult figures.
  • Neuroscience and trauma considerations
    • PTSD and trauma from chronic violence affect brain development, decision-making, learning, and social functioning, complicating victims’ ability to seek help or resist coercion.
    • The brain’s response to repeated trauma lowers thresholds for fear and compliance, affecting perceptions of what constitutes coercion.
  • Policy and practice implications
    • Existing frameworks (IOM, UNODC) emphasize psychological treatment and survivor-centered care; however, access to trauma-informed care remains limited in the Northern Triangle.
    • Calls for stronger partnerships between law enforcement, NGOs, and faith-based organizations to support survivors.

10) Distinguishing Gang Membership from Coerced Service: Practical Guidance (Pages 25–27)

  • Key diagnostic questions for investigators
    • Are promises of money, protection, or social capital being used to recruit for long-term membership, or are youths being forced to perform specific tasks without legitimate benefits?
    • Is the youth exposed to long-term social integration and acceptance by the gang, or is there immediate coercion and threats for compliance?
    • Do enrollees receive compensation, social inclusion, or recognition, or are they excluded after service tasks?
  • Implications for law enforcement and victim support
    • The same questions used in traditional trafficking victim identification apply, but must be adapted to the local gang context and the realities of coercion in violent, fear-driven environments.
  • Importance of recognizing vulnerability
    • Youths with protective adults and prosocial engagement (schools, churches, community programs) are less likely to be coerced; absence of such supports increases risk.

11) Government Response to Female-Coerced Relationships and Coerced Service (Pages 27–31)

  • Pattern of neglect and distrust
    • Officials often assume female victims have gang affiliations; reports may be dismissed or treated as criminal activity rather than trafficking victims.
    • Victims face continued harassment and threats from law enforcement when seeking protection.
  • Examples of systemic failures and consequences
    • Police and judiciary may prosecute youths for crimes committed under coercion, rather than recognizing them as victims.
    • Extrajudicial killings and state violence complicate accountability (UNHRC and other sources note ongoing concerns about extrajudicial executions and impunity).
  • Case-level consequences
    • Families experience social and economic repercussions; victims can become isolated, with limited access to services or protection.

12) Violence, Trauma, and Policy Implications (Pages 23–25, 31–32)

  • Trauma and neurological consequences
    • Sustained exposure to violence leads to PTSD, affect regulation issues, learning difficulties, and impaired social development.
    • Neurobiological changes reduce resilience and increase susceptibility to future violence or coercion.
  • Policy recommendations and reframing
    • Expanding the definition of trafficking to explicitly include coercion within gang-control contexts.
    • Strengthening victim identification, protection, and rehabilitation services; improving law enforcement training to recognize coerced service as trafficking.
    • Coordinated international support to address structural drivers (Poverty, inequality, weak rule of law) that enable gang power and coercive practices.

13) Conclusions and Implications (Page 31–32)

  • Core conclusion: Gangs’ coercive practices constitute a non-traditional model of modern-day slavery that is not adequately recognized or addressed by Northern Triangle governments or international partners.
  • Policy implications:
    • Reframe human trafficking definitions to explicitly include coerced service within gang-controlled settings.
    • Develop targeted prosecution and protection strategies for coerced youths and women, including witness protection, psychosocial care, and safe repatriation options where appropriate.
    • Increase training, funding, and inter-agency coordination to identify and prosecute gang-related coercion and to protect victims.
  • Outlook: A collective reorientation—political will, international partnerships, and survivor-centered policies—is needed to combat this non-traditional form of slavery and to protect vulnerable youth and women from gang coercion.

14) Key Data Points and References to Note (Numerical highlights)

  • Traditional trafficking region-wide estimates (Northern Triangle)
    • Honduras: ~30,000 enslaved (Tenorio, 2019)
    • Guatemala: ~47,000 enslaved (Tenorio, 2019)
    • El Salvador: ~16,000 enslaved (Tenorio, 2019)
  • Domestic legislation and international commitments
    • El Salvador: La Ley Especial Contra la Trata de Personas (2014) [Law objective: detection, prevention, prosecution, sanctions, victim protection and restitution]
    • Guatemala: La Ley Contra la Violencia Sexual, Explotación y Trata de Personas (2009)
    • Honduras: Decreto No. 59-2012, La Ley Contra la Trata de Personas (improvements discussed; amendments proposed)
  • TIP (Trafficking in Persons) data highlights (selected years)
    • 2019 TIP (El Salvador, Guatemala, Honduras):
    • El Salvador: Cases 74; Prosecutions 9; Convictions 7; Victims Identified 53; Ratio of Convictions 78%
    • Guatemala: Cases 140; Prosecutions 32; Convictions 14; Victims Identified 371; Ratio 43%
    • Honduras: Cases 145; Prosecutions 35; Convictions 16; Victims Identified 73; Ratio 46%
    • 2018 TIP:
    • El Salvador: Cases 76; Prosecutions 9; Convictions 6; Victims Identified 72; Ratio 67%
    • Guatemala: Cases 127; Prosecutions 52; Convictions 19; Victims Identified 316; Ratio 37%
    • Honduras: Cases 121; Prosecutions 84; Convictions 8; Victims Identified 150; Ratio 10%
    • 2017 TIP:
    • El Salvador: Cases 55; Prosecutions 7; Convictions 6; Victims Identified 53; Ratio 86%
    • Guatemala: Cases 39; Prosecutions 43; Convictions 13; Victims Identified 484; Ratio 30%
    • Honduras: Cases 41; Prosecutions 41; Convictions 9; Victims Identified 111; Ratio 22%
    • 2016 TIP:
    • El Salvador: Cases 43; Prosecutions 8; Convictions 19; Victims Identified 49; Ratio 238%
    • Guatemala: Cases 28; Prosecutions 105; Convictions 39; Victims Identified 673; Ratio 37%
    • Honduras: Cases 24; Prosecutions 24; Convictions 13; Victims Identified 28; Ratio 54%
    • 2015 TIP:
    • El Salvador: Cases 53; Prosecutions 7; Convictions 7; Victims Identified 87; Ratio 100%
    • Guatemala: Cases 402; Prosecutions 62; Convictions 20; Victims Identified 237; Ratio 32%
    • Honduras: Cases 30; Prosecutions 4; Convictions 0; Victims Identified 116; Ratio 0%
    • 2014 TIP:
    • El Salvador: Cases 51; Prosecutions 14; Convictions 12; Victims Identified 84; Ratio 86%
    • Guatemala: Cases 271; Prosecutions 67; Convictions 10; Victims Identified 570; Ratio 15%
    • Honduras: Cases 38; Prosecutions 17; Convictions 2; Victims Identified N/A; Ratio N/A
    • 2013 TIP:
    • El Salvador: Cases 61; Prosecutions 11; Convictions 11; Victims Identified 67; Ratio 100%
    • Guatemala: Cases 23; Prosecutions N/A; Convictions 7; Victims Identified 127; Ratio N/A
    • Honduras: Cases 47; Prosecutions 3; Convictions 3; Victims Identified 26; Ratio 100%

15) Quick Connections to Foundational Concepts and Real-World Relevance

  • Foundational ideas tied to this study
    • The distinction between coercion and voluntary participation underlines much of criminal justice and human trafficking discourse; this work emphasizes the need to recognize coercion within gang-ruled spaces as a form of slavery.
    • Trauma-informed approaches are essential for understanding victims and designing effective interventions; PTSD and brain development implications affect victims’ willingness and ability to seek help.
  • Real-world relevance
    • The non-traditional model calls for retooling anti-trafficking strategies to address gang-controlled coercion, including better victim protection, targeted prosecutions, and prevention programs in schools and communities.
    • The study provides case-based illustrations that help practitioners differentiate between youth who are potential future gang members and those coerced into service, guiding investigations and services.

16) Ethical, Philosophical, and Practical Implications

  • Ethical: Recognizing coerced youths and women as victims deserving protection, rather than blaming them as “collaborators”; avoiding secondary victimization by state actors.
  • Philosophical: Expands the concept of slavery to include coercive service within criminal contexts where state structures fail to protect vulnerable populations.
  • Practical: Calls for policy shifts, better inter-agency coordination, trauma-informed care, and international cooperation to disrupt gang coercion and address its root causes.

17) Final Takeaways

  • Gangs in the Northern Triangle employ a non-traditional model of human trafficking centered on coercion, violence, and local exploitation, rather than cross-border trafficking driven by international demand.
  • This model produces severe psychological, physical, and social harms for male youth and female victims, particularly in gender-based violence contexts.
  • Government responses have lagged, with gaps in victim recognition, protection, and prosecution; a shift in policy and practice is needed to address coerced service as trafficking and as a form of slavery.
  • The material emphasizes the importance of distinguishing coercion from voluntary gang membership and highlights the critical need for trauma-informed, survivor-centered interventions.