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Cablegate: Peru: 2008 Anti-Trafficking in Persons Report

VZCZCXYZ1152
RR RUEHWEB

DE RUEHPE #0395/01 0651213
ZNR UUUUU ZZH
R 051213Z MAR 08
FM AMEMBASSY LIMA
TO RUEHC/SECSTATE WASHDC 8094
INFO RUEAWJA/DOJ WASHDC
RUEAHLC/HOMELAND SECURITY CENTER WASHDC
RUEHC/DEPT OF LABOR WASHINGTON DC
RUEATRS/DEPT OF TREASURY WASHDC
RUEHBO/AMEMBASSY BOGOTA 5562
RUEHQT/AMEMBASSY QUITO 1786
RUEHLP/AMEMBASSY LA PAZ MAR TOKYO 2653
RUEHSG/AMEMBASSY SANTIAGO 1778
RUEHMD/AMEMBASSY MADRID 2991
RUEHRO/AMEMBASSY ROME 0632
RUEHPU/AMEMBASSY PORT AU PRINCE 0131

UNCLAS LIMA 000395

SIPDIS

SENSITIVE, SIPDIS

STATE FOR G/TIP, G, INL, DRL, PRM, WHA/PPC
STATE PASS TO USAID

E.O. 12958: N/A
TAGS: KCRM PHUM KWMN SMIG KFRD ASEC PREF ELAB PE
SUBJECT: Peru: 2008 Anti-Trafficking in Persons Report

REF: A) STATE 2731, B) 07 LIMA 0689

1. (SBU) SUMMARY: The Peruvian Government continues to demonstrate
a commitment to comply with basic TIP standards by making
significant efforts in the areas of prevention, prosecution, and
protection. Its achievements include:

-- One person sentenced to 12 years in prison for commercial
sexual exploitation in 2007. From 2004 through 2007, 60 people have
been detained by the PNP for trafficking; most cases remain before
the Peruvian courts.

-- TIP Law 28950, passed on January 16, 2007, still waiting for
the statutes (or regulations) to be approved and implemented after
one year.

-- Between April 2007 and February 2008, 39 TIP cases reported to
the police involving 93 victims (90 female and 3 male).

-- TIP Investigations Unit expanded; now a standalone Division in
the Directorate of Investigations due to the sharp increase in
reported TIP cases.

-- Peruvian justice system still backlogged; TIP cases languish
along with all others.

-- The GOP published its third annual report on its efforts to
combat TIP in Peru.

-- Training continues on the computerized TIP case-tracking
database; over 100 cases filed in 2007.

-- On July 22, 2007, the GOP issued modifications to over a dozen
laws to include specific TIP language.

-- Women's Ministry created a Procedures Manual for aiding TIP
victims; aimed at police, prosecutors, health workers.

-- Women's Ministry expands to 69 Emergency Centers for Women (and
TIP victis) nationwide; operates 21 Residential Centers for
underage victims, 3 specialize in sexually exploited adolescent
girls.

END SUMMARY

2. (SBU) Following is a checklist of answers to Ref A, Para 27,
(Overview):

A. Peru is a country of origin for international trafficking in
persons, but internal trafficking is, by far, the greater problem.
A few cases of international trafficking of women have been reported
in the past, but the scope of the problem is not yet known. In past
years, the destinations of foreign trafficking from Peru have been
the U.S., Ecuador, Spain, Japan, and Italy. According to the
limited information gathered so far by the GOP and local NGOs, Peru
is a country of transit for the international trafficking of
persons. For trafficking into Peru, the only confirmed cases come
from Ecuador.

The magnitude of the TIP problem is not yet clear, but the GOP
has taken significant steps to gather the information by working
closely with NGOs and international organizations (IO). Below are
the most current figures (April 2007 - February 2008) for TIP
victims, gathered from RETA, the TIP case-tracking system, described
below.

No. of No. of No. of Victims No. of Victims
cases victims by sex by sex and age
--------------------------------------------- --------
39 93 90 Female 0-17 48
18-30 42
3 Male 0-17 3
18-30 0
--------------------------------------------- --------

The majority of the cases were from the cities of Puno (10),
Cusco (8), and Pucallpa/Iquitos (9). Most TIP victims are underage
females from the poorest and least developed regions east of the
Andes--the Amazonian jungle and the mountains--brought into the
major cities or into mining areas to work as prostitutes or domestic
servants. The main trafficking routes were from the cities of the
Cusco region to the cities of Arequipa and Juliaca and from the
regions of San Martin to Huanuco to Cerro de Pasco. (NOTE: To
standardize the terminology of location, this report will use
"region" to describe the 26 areas (also called Departments) of Peru.
Provinces are sub-divisions of a region. END NOTE) RETA data are
considered reliable.

There are as yet no comprehensive, official GOP figures on the
extent or magnitude of the TIP problem, but the PNP is now using a
standardized system for reporting and tracking TIP crimes, which was
inaugurated in December 2006. As described in Ref B, the
computerized case-tracking system (in Spanish, "Registro de
Estadistica de Delitos de Trata de Personas y Afines"--RETA) is
designed to record TIP cases in a searchable database that will aid
in identifying and prosecuting TIP crimes. The PNP and other law
enforcement officials are required by law to train personnel in its
operation, maintain the system, and report the data to the MSC.

RETA was developed by Capital Humano y Social (CHS), a Peruvian
NGO, and funded by a one-year G/TIP grant managed by NAS-Lima and by
an 18-month USAID grant (the NAS and USAID grants had a six-month
overlap). The project took place between October 2005 and September
2007. Both NAS's and USAID's contributions were $100,000 USD. The
RETA project was designed to ensure that police were familiar with
the issue of TIP, could identify TIP cases, and use the RETA
database to register and track TIP cases. Final report for the
project can be found at:
http://www.chs-peru.com/trata/imagesupload/co municado/
comunicado_20.pdf

RETA implementation focused on 10 cities in 7 of the 12 Police
Districts in Peru. (Police districts can include from 1 to 4
regions.) Typically, police from outlying areas also participated.
The cities selected were: Pucallpa, Lima, Huancayo, Huanuco,
Ayacucho, Ica, Cusco, Chiclayo, Puno, and Juliaca.

In regions with little or no government presence (primarily in
the coca-growing regions of the Upper Huallaga and the Apurimac-Ene
River Valleys), post continues to receive reports from NGOs that
children are used to process coca leaf into cocaine, but there is no
official data on the extent of the child labor or trafficking.
Narcotraffickers and the narco-terrorist group Shining Path (Sendero
Luminoso - SL) use children to grow food crops and coca as well as
transporting drugs and precursor chemicals.

B. The GOP has demonstrated the political will to deal with TIP
crimes. The Peruvian Congress passed a law on January 12, 2007 that
more clearly defines TIP, strengthens sentencing guidelines, and
provides protection for TIP victims and witnesses, as described in
last year's report (Ref B).

On February 20, 2008, Vice Minister of the Interior Danilo
Guevara announced that the PNP would be moving the TIP
Investigations Unit out of the Kidnapping Division and creating a
separate TIP Division. Guevara said that this move was prompted by
the increase of reported trafficking cases, a jump from four cases
in 2005 to over 100 in 2007 due to the use of RETA. Embassy sources
believe the new division will consist of 25-30 officers (vice 6
previously) divided into three departments--sexual exploitation,
forced labor, and other (e.g., selling children for street begging,
child pornography, and organ trafficking). The division may even
include doctors and psychologists for victims. This development is
tempered by the fact that the budget year has already started, so
full implementation--and results--will likely not start until the
new budget year in January 2009.

The sources of the 29 complaints about TIP received in 2007 by
the TIP Investigations Unit of the PNP are by the victim's family
(26 cases) and directly by the victim (6). Eight of the family
complaints originated as missing-persons reports. Three more
complaints came as a result of TV reporting on TIP and the TIP
hotline. Seven cases of international TIP are being investigated.

The profile of trafficking victims in Peru are: 1) the
populations most vulnerable to TIP are children ages 0-17 and young
women from rural areas or poor urban areas on the periphery of major
cities; 2) persons living in poverty (44 percent); 3) handicapped
persons, especially children and the elderly, as victims of forced
labor and street begging; 4) victims of parental or spousal abuse;
5) illiterate or semi-illiterate persons; 5) undocumented
persons--no birth certificates or other identification documents.
Infants and children up to age 10 are sold to traffickers who use
the infants to generate sympathy for women beggars, and the older
children are forced to beg in the streets. Children, mostly girls,
ages 8-17 are trafficked as domestic servants. A 2005 ILO report on
forced labor in the illegal logging industry estimates that 33,000
people are being victimized. The majority of the victims come from
ethnic groups in the Amazonia region of Peru (primarily the
departments of Ucayali, Madre de Dios, and Loreto).

The methods used by traffickers to approach victims are often a
combination of emotional manipulation and coercion. The most-used
method of capture (66 percent) is the false offer of a job by
employment agencies, street posters, newspaper ads, and
acquaintances. The agencies offer the women and adolescent girls
relatively well-paid "restaurant work" in cities like Lima and
Cusco, and, in some cases, in foreign countries. The other methods
are by threat, seduction, family connections, the internet, and
drugs. Data gathered by NGOs indicate that trafficking takes place
through local crime groups and informal networks that could involve
acquaintances of the victim, extended family members, and even the
parents of the underage victims.

Traffickers usually transport their victims by road. A small
percentage are moved by air or river transport. Again, PNP
investigations and NGO studies have identified patterns of CSEM
trafficking that move victims from east of the Andes to the major
cities on the coasts. False documents are sometimes used, but it is
common for the young to have no type of identification, and controls
on internal migration are almost non-existent or easily
circumvented. All varieties of forged documents are easily
available in Peru.

CHS conducted a journalism course and contest for over 100
journalists with funding from the Belgian Development Cooperation
agency. The participants produced reports on TIP that were
broadcast on TV and radio and appeared in print. Also, CHS compiled
a list of 2,774 men and women in the national and regional media for
disseminating information on TIP via the Internet. The
prize-winning reports at http://www.chs-peru.com/Concurso/index.html


Two TIP cases were reported in the papers at the end of January
2008. One dealt with Martha Luz Guerra Carrasco, a lawyer, who was
charged with heading an international ring that kidnapped and
trafficked children. The second was about David Samuel Rojas
Espinoza, a 23-yer-old man from a town just north of Lima, who came
to Lima looking for work and was tricked into going to the Monzon
River Valley (hard-core coca-growing area). He was promised good
pay, but ended up processing coca leaf with about 70 others as young
as 13 while under threat of torture and death.

The International Youth Foundation (IYF) is managing a grant
from the U.S. Department of Labor called "Prepare for Life"
(Preparate para la Vida). IYF is working with 2 NGOs and a
faith-based organization for this 4-year project (2007-2010). See
this website for more details:
http://www.iyfnet.org/document.cfm/30/829

C. In March 2004, the government established a permanent,
ministerial-level Multisectoral Committee (MSC) for TIP. The
Ministry of the Interior, which includes the police, is the lead
ministry in the MSC. The other 10 governmental members are the
ministries of Foreign Affairs, Public Prosecutor, Women and Social
Development, Health, Justice, Education, Labor, and Commerce and
Tourism. The Judicial Branch and the National Statistics Institute
are also members, along with 3 NGOs and 4 IOs (IOM, ILO, UNICEF, and
UNODC).

D. The limitations on the GOP to address the TIP problem are a lack
of resources, weak institutions, and corruption. Funding for the
police is inadequate. As reported in 2006, the PNP is seriously
understaffed based on historical trends. In 1990, there were
129,000 police for a population of 22 million. In 2005, the police
force stood at 92,000 officers serving 27 million people--a deficit
of almost 60,000 officers when the increase in population is taken
into account. Corruption is a pervasive problem in Peru, but there
is no evidence that it affects TIP enforcement more than other types
of Peruvian crime.

The funding for TIP prevention and training comes from existing
GOP programs to protect women and children and from NGOs and IOs.
GOP support typically involves in-kind contributions, i.e., salaries
(allowing employees to train during work hours), per diem,
facilities for training, and using existing shelter programs for
abused women and children for TIP victims as well.

The GOP lacks adequate resources to aid TIP victims. Lack of
witness protection is a severe weakness in the Peruvian justice
system for witnesses in all categories of crimes. The new TIP law
passed in January 2007 mandates aid to TIP victims and witnesses
(see Para 3, section A).

E. The government began systematically monitoring its
anti-trafficking efforts when it established the MSC in March 2004.
In December 2007, Peru issued its third annual review of the
activities of the MSC. The MSC's report, which covers 72 pages, is
a Spanish-language document that reviews the GOP's efforts to fight
TIP. The report points out the need for greater budgetary resources
to fight TIP, lists its achievements, describes some of what still
needs to be done and, most important, it both documents and promotes
coordination between different GOP ministries, local governments,
and NGOs in the fight against TIP. The report is made available to
NGOs and IOs (e.g., IOM, ILO, UNODC, and UNICEF). All TIP
initiatives and assessments are undertaken in a fully transparent
manner and are reported to the MSC. (NOTE: A copy of the annual
report is being sent to G/TIP by email.)

3. (SBU) Following is a checklist of answers to Ref A, Para 28,
(Investigation and Prosecution of Traffickers):

A. The Peruvian Congress passed Law 28950 on January 16, 2007 that
defines TIP, strengthens sentencing guidelines, and provides
protection for TIP victims and witnesses. In this law, the GOP
brings the Peruvian Penal Code into compliance with its obligations
under the Protocol to Prevent, Suppress and Punish Trafficking in
Persons, especially Women and Children, supplementing the UN
Convention Against Transnational Organized Crime (Palermo Protocol),
which Peru ratified on December 25, 2003.

Below is a summary of TIP-related laws. Post will send a copy
of Laws 28251 and 28950 to G/TIP by email.

Law 28950 addresses the standards set forth in the
international agreements relating to TIP that have been ratified by
Peru. The law modifies at least seven other laws or articles of the
Penal Code to include language related to TIP. The Law defines the
illegal conduct as listed in the Palermo Protocol: sexual
exploitation, labor exploitation, and the extraction and sale of
human tissue and organs. Repatriation of Peruvian TIP victims and
QOof Peruvian law to Peruvian citizens who commit
TIP crimes in other countries. The law covers both internal and
external forms of trafficking. The new law raises the minimum
sentence to 25 years for some crimes; it allows evidence obtained by
undercover police, electronic surveillance, or other surreptitious
means; and it requires proper treatment of victims and the payment
of reparations.

In Law 29009, the Peruvian Congress delegated to the Executive
the power to promulgate a series of laws that established an
integrated strategy for dealing with narcotrafficking, money
laundering, terrorism, kidnapping, extortion, TIP, and gangs in
recognition of the organized and interrelated nature of these
crimes. On July 22, 2007, the Executive issued modifications to 12
laws to specifically include TIP language.

-- Legislative Decree 982 modified the following parts
of the Penal Code: Article 46-A, Article 316,
Article 367, Article 404, Article 405, Article 409-B,
and Article 417-A.

These changes address issues such as a person in prison who
controls or participates in a TIP crime can have his/her sentence
extended. Some of the Articles that now contain references to TIP
are: aiding or abetting a TIP crime, destruction of evidence,
withholding evidence, witness tampering, threatening witnesses,
hiding assets from seizure, kidnapping with the intent of
trafficking, and being a member of a criminal organization involved
in TIP.

-- Legislative Decree 983 modified the Code of Criminal Procedures
and the Criminal Procedural Code
- strengthens the norms for seizing evidence related
to a crime.
-- Legislative Decree 984 modified the Code for the Execution of
Criminal Sentences
- incorporates new criteria for separating prisoners
who may or may not be part of a criminal
organization.
-- Legislative Decree 987 modified Law 27378
- establishes benefits for persons charged with a
crime involving criminal organization to collaborate
with authorities.
-- Legislative Decree 988 modified Law 27379
- specifies the rights of prosecutors in preliminary
investigations of TIP and kidnapping crimes to be in
accordance with Articles 152 and 153-A.
-- Legislative Decree 989 modified Law 27934
- specifies the roles of police and prosecutors in
preliminary investigations of TIP and kidnapping
crimes in relation to the evidence provided by
informers, witnesses, and undercover agents.

TIP Law 28950 allows for civil penalties against TIP crimes
that include forfeiture laws and seizure of property.

In June 2004, the Penal Code was modified by Law 28251 to
define trafficking in persons as it relates to sexual exploitation
(Article 182 of Penal Code). The law penalizes a person who
promotes, advertises, or facilitates sexual tourism using child
pornography in pamphlets, publications, audio and videotape
recordings, or through the Internet. The one TIP conviction for
2006 was the result of Law 28251.

The TIP-related laws in the Peruvian Penal Code have not
changed since last year's report (see Ref B, Para 4, Section A).

B. The trafficking statutes in Article 153 have not changed since
last year's report (see Ref B, Para 4, Section A).

C. There is minimal data for forced labor, bonded labor, and forced
child labor in Peru. The GOP has a National Action Plan to Combat
Forced Labor. Part of this plan includes compiling statistical
information, including demographics on forced labor in Peru. A
study in 2006, by the ILO estimated 30,000 persons were involved in
forced labor, particularly in the logging industry in the Amazonia
provinces. No more recent information is available on forced labor.


On January 9, 2007, Supreme Decree 001-2007-TR created the
National Inter-sectoral Commission for the Eradication of Forced
Labor (NCSFL) to coordinate public policies and to document the
incidence of forced labor in the logging, agriculture, mining,
fishing, and other sectors. The NCSFL has drafted the National
Action Plan to Combat Forced Labor, which detailed the GOP's efforts
to prevent and eliminate forced labor. In May, Supreme Decree
009-2007-TR approved the National Action Plan to Combat Forced
Labor.

The Constitution prohibits forced or bonded labor and January
16, 2007, the GOP passed Law 28950, which provides protection for
TIP victims and witnesses. Article 153 prohibits practices that
promote, finance, or facilitates "forced work or services, bondage,
slavery or practices that are analogous to slavery or otherforms of
work exploitation...."

Article 153 of the criminal code was amended via law No.28950
in January 2007. The article makes it a criminal act to force
children to beg for money or perform forced labor and establishes a
penalty of 8 to 15 years in prison for those who violate the law.

ILO Agreement 29, ratified by Peru, allows six exceptions to
laws prohibiting forced labor, but Peruvian law recognizes only two
exceptions: compulsory labor resulting from a judicial sentence, as
provided for by the criminal code; and forced labor resulting from
force majeure, as provided for in Legislative Decree 854.
Legislative Decree 854 allows an employer to require overtime when
an act of God presents a serious danger to individuals or property
in the workplace.

The legal minimum age for employment is 14; however, children
between the ages of 12 and 14 may work in certain jobs for up to 4
hours per day, and adolescents between ages 15 to 17 may work up to
6 hours per day if they obtain special permission from the Ministry
of Labor and certify that they also were attending school.

Although the law restricts child labor based upon the age of
the child, hours worked, and occupation, child labor remains a
serious problem in Peru. For example, the largest radio station in
Peru (RPP) reported on January 31, 2007 the discovery of 59
teenagers (ages 11-17) being forced to work harvesting asparagus in
northern Peru. The children were paid 15 soles per day (about 3
USD). The police rescued them and set about finding their parents.
The company was being investigated for violating child labor laws.


Labor trafficking crimes are also covered under Law 28950 and
the penalties are the same. The same holds true for labor
recruiters, employers, labor agents, those who confiscate workers'
documents and all manner of labor trafficking described in this
section.

For additional information on labor trafficking, see Para 3,
Section F.

D. There have been no changes in the law or penalties for rape or
forcible sexual assault during 2007. See Ref B for details.

E. Prostitution is legal for women over 18 years of age if they
register with municipal authorities and carry a health certificate.
Brothels are also licensed by the municipalities. In practice, the
vast majority of prostitutes work in the informal sector where they
lack health protection. Unlicensed prostitutes and brothels are
common. In many cases, the municipalities are blocked from shutting
down brothels for operating without a license, because the brothel
owners use a legal stalling tactic (Accion de Amparo) that limits
how much the municipality can intervene based on a question of the
owner's constitutional rights. The activities of pimps,
owner/operators of brothels, enforcers, clients of underage
prostitutes, and child sexual tourism are criminalized.

F. The traffickers identified per year according to RETA are: 2004
(8), 2005 (14), 2006 (39), 2007 (96), and as of February 15, 2008
(12). 84 are women and 85 are men. The majority of the traffickers
have been officially identified as Peruvian. So far, 18
international traffickers have been identified: 7 Ecuadorians, 7
Japanese, a Filipino, a Gabonese, a Uruguayan, and a Colombian. Of
the 135 traffickers who were identified and investigated 60 have
been detained.

The PNP created a "Trafficking in Persons Investigation
Section" in January 2004 as part of the Kidnapping Investigations
Division. The officers have been trained to investigate TIP crimes.
The section is responsible for investigations in all of Peru. As
of February 2007, sources both inside and outside the PNP agree that
there is almost no sharing of information among the divisions, which
inhibits the ability to track cases. There are another 5
investigation divisions in the Lima-Callao metropolitan area that do
not talk to each other or to the national divisions of the PNP
Investigations Directorate. The disarray continues because the
investigation divisions in the 12 districts outside of Lima do not
communicate with each other. The expansion of RETA will allow the
TIP Investigations Unit to handle more cases. Part of the
communications problem is a lack of technology, but it is also
structural--something not easily or quickly solved.

The PNP's TIP Investigation Unit handled 3 cases last year. On
January 19, 2007, police arrested one woman and two men for
trafficking for labor exploitation. Three adolescent females were
found making polo-style shirts in a clandestine workshop in Lima.
On August 12, the police arrested an Ecuadorian man in Lima who was
sexually exploiting a 15-year-old girl from Quevedo, Ecuador. On
August 25, a police operation in Huaral (northern part of
Metropolitan Lima) called "Trafficking in Persons 2007" raided a
brothel and found 3 girls being sexually exploited.

One person has been tried under the new TIP Law 28950. Carlos
Arturo Yong Chong, a doctor, was charged with buying or kidnapping
newborns who were then sent to France for sale and adoption. At
least five babies were trafficked. As of November 15, 2007, Yong
was due to be sentenced to 12 years in prison, the maximum allowed
for the crimes of trafficking of children, abortion, illegal
association, falsifying documents, and false representation ("falsa
filiacion").

Although only one person was brought to trial, convicted, and
sentenced in 2007, this should not be seen as a lack of GOP will.
The average time for criminal cases to move through the judicial
system from beginning to end is 30 months. As was the case last
year, despite recent technical and procedural advances in the Public
Ministry and the PNP, it will be several years before the Peruvian
justice system has the capability to provide reliable, comprehensive
data from arrest to release from prison for any crime. (COMMENT:
Getting accurate and complete information from the Peruvian judicial
system is difficult, because the system is fragmented and
inefficient. Furthermore, communication and data-sharing within and
between ministries is problematic, which is reflected in the
somewhat inconsistent yearly information Post receives. Post does
not believe that GOP is withholding information. END COMMENT.)

The Ministry of Labor has the authority to investigate reports
of illegal child labor practices. Focusing on the formal sector,
inspectors conducted routine visits without notice. Firms found
guilty of violating child labor laws may be fined and have their
operations suspended. The Ministry of Labor has about 480 labor
inspectors.

G. The GOP is working closely with NGOs and IOs to train government
officials to recognize, investigate, and prosecute TIP crimes. In
all cases, the ministries are providing in-kind contributions, e.g.,
use of meeting facilities, transport, paid training time for
employees, and office supplies. The GOP does not provide any funds
to NGOs for any activities. NGOs are funded by international or
private donors. Also see Para 5, Section B.

Investigations by GOP authorities and NGOs indicate that
domestic TIP activities are, for the most part, carried out on a
local and informal basis, without the involvement of major
trafficking organizations. The GOP has established that employment
and tourist agencies and other apparently legitimate businesses are
involved in trafficking. International trafficking to Japan has
been linked to the Yakuza or Japanese mafia. The Embassy has no
evidence of government officials being involved in TIP crimes.
There is no information that points to trafficking money being
laundered or used to finance other crimes.

H. The MFA has established a communications protocol with the PNP
and Interpol to respond to complaints filed by TIP victims outside
Peru or to investigate reports in the foreign media. The GOP signed
a bilateral cooperation agreement with Chile on March 15, 2005 to
prevent the trafficking of children and adolescents across their
common border. The GOP is also coordinating with Bolivia, Colombia,
and Ecuador on combating TIP. The PNP will keep the MFA informed
about TIP victims who were repatriated to Peru and about the
progress of their cases in the judicial system.

I. Legislative Decree 957 modified Book 7 of the Criminal Procedural
Code, which deals with international judicial cooperation, by
establishing Article 508 and following. It specifies that any
criminal act, as defined by Peruvian Law, committed by a Peruvian in
a foreign country will be tried in Peruvian courts as if the crime
had been committed in Peru. The law also states that Peru is
obligated to conform to the international treaties and norms that it
has signed and ratified. Peru has asked for extradition in the
following cases:
-- September 2007 - Lizardo Alexander Ruiz Fraga, who is in
Uruguay, for trafficking of migrants;
-- October 2007 - Julio Cesar Falconi Villanueva, who is in Spain,
for trafficking children.
-- November 2007 - Fredy Armando Moya Velita, who is in Venezuela,
for trafficking of migrants.

J. There is no evidence of government involvement in or tolerance
of trafficking at any level of government. It is widely accepted in
Peruvian society that individual police officers tolerate the
presence of underage prostitutes and the operation of unregistered
and unlicensed brothels. No police have been charged or prosecuted
for complicity in TIP.

K. During this reporting period, there have been no cases of
government officials being involved in trafficking. On December 29,
2005, Congressman Torres Ccalla received a sentence of eight years
in prison on charges of aggravated rape of a minor (aggravated
because of his official position). He was also fined 20,000 Nuevos
Soles (about USD 6,250). Torres Ccalla had brought the young girl
to Lima from his home district of Puno, allegedly to work in his
office. He was convicted under Law 28251 (passed in 2004) that
stipulates a sentence of 4 to 8 years for someone who sexually
exploits a minor.

L. No Peruvian peacekeeper is known to have been charged with a TIP
offense. See Para 5, Section I.

M. Peru is a destination for child sex tourism. All studies of the
issue point to the cities of Iquitos and Cusco as the principal
destinations for child sex tourism. On the question of the
extraterritoriality enforcement of child sexual abuse laws, please
see Para 3, Section I. The GOP has no data on the arrest,
prosecution, or extradition of foreign sex tourists in Peru.

4. (SBU) Following is a checklist of answers to Ref A, Para 29,
(Protection and Assistance to Victims):

A. The MFA will provide assistance to victims who wish to be
repatriated. The repatriated victims would be given the same
protections as domestic victims, according to Law 28950, which
includes temporary to permanent residency status for victims from
other countries.

B. Law 28950, the new TIP law that was passed in January 2007 (see
Para 3, Section A), requires that victims of TIP be assisted and
protected by providing them with temporary lodging and legal,
medical, and psychological assistance. There are no shelters
designated specifically for TIP victims; however, MIMDES has
shelters for victims of family violence and sexual abuse where TIP
victims will be assisted until the relevant sections of Law 28950
are implemented. Under the new law, the Ministry of Health also has
the responsibility to provide medical assistance to TIP victims, and
the Justice Ministry must provide legal and witness protection
assistance. Foreign victims are afforded the same protections and
services. Until the new law is implemented, no reliable data will
be available on the TIP victims placed in any of the shelters
mentioned above.

The table below shows the protection and assistance services
that currently exist officially. The services lack sufficient
budgets and trained personnel. Operational effectiveness varies
widely.


Victim Victim Victim
Ministry Assistance Protection Follow up
--------------------------------------------- ---
Women X X X
Health X
Interior X
Justice X X X
Prosecutor X X
Judiciary X X
--------------------------------------------- ---
Currently, MIMDES runs 69 Emergency Centers for Women
nationwide that provide legal, psychological, and social services
for TIP victims. It also runs 21 Residential Centers for underage
victims, 3 of which specialize in treating adolescent girls who are
victims of sexual exploitation.

C. The GOP does not provide any funds to NGOs for any activities.
NGOs are funded by international or private donors. However,
various ministries have provided
facilities and other conference services for conducting training of
government workers. For example, a ministry will provide a room,
sound system, tables/chairs, and cleanup for a workshop. People
participate during the working day (the GOP is paying their
salaries). Sometimes lunches and/or coffee breaks are paid by a
ministry.

D. The ministries of Women, Interior (including PNP and Migration
and Naturalization), Commerce and Tourism, Labor, the Judiciary, and
the Public Ministry have worked closely with NGOs and IOs to conduct
awareness-raising sessions and held workshops for law enforcement
officials on the new TIP law and the 2004 law on sexual exploitation
(Law 28251). All the NGOs listed in Section K below have provided
training to police officers, local governments, teachers, and
children to help them recognize TIP and to provide resources on
where to refer victims.

From April 2007 to February 2008, 93 victims have been
registered in RETA. See Para 2, Section A for details.

The MSC has developed a flowchart for handling TIP victims that
identifies the critical nodes in the process of adequately treating
victims. The proposed referral process for treating victims
involves the ministries of Interior, Public Prosecutor, Justice,
Health, and the Judiciary. Law enforcement officials must refer
victims to the shelter in order for them to make use of the
services. MIMDES produced a Procedures Guide to assist police in
handling TIP victims. An adQOfiHQestablish a database of
victims of trafficking in persons. When police raid brothels and
nightclubs, they are not always able to determine which girls are
underage and which are not.

The GOP will have a formal referral process for TIP victims
when Law 28950 is implemented. The implementing legislation has
been drafted by the MSC (see Para 5, Section F for more details).
The newly implemented RETA computerized case-tracking system will
also assist in identifying TIP victims as well as the traffickers.

E. Municipalities are responsible for licensing brothels and
prostitutes, but enforcement is lax or nonexistent. They do not
have a mechanism for screening for trafficking victims among persons
involved in the commercial sex trade. The police try to identify
underage and adult TIP victims during raids.

F. Normally, victims are not advised of their rights and are not
provided medical treatment. With the vast majority of the victims,
the police try to identify the victims, but since most have no
identity papers, they are released. Some make their way to the
MIMDES Emergency Centers where they receive assistance, but many
underage prostitutes return to the brothels where they will receive
shelter and food. TIP victims are not detained, treated as
criminals, jailed, or deported. Victims are not fined.

G. Currently, legal assistance to a victim of trafficking is almost
nonexistent. The GOP does not support any programs that encourage
victim participation in the investigation or prosecution of the
trafficker. A victim can obtain other employment pending trial
proceedings, but may not leave the country without permission from
the court. Law 28950 and 28251 require victim restitution. While
these laws address these TIP issues, the Garcia Administration
recognizes that the entire Peruvian legal system is in serious need
of reform. Judicial reform is a highly political and contentious
issue that may take years to resolve.

Many times victims cannot afford the legal representation
necessary to confront the traffickers. There is no legal impediment
to victims' seeking legal redress. Filing a civil lawsuit in the
Peruvian legal system is an expensive and lengthy undertaking. The
Justice Ministry has started the process of modifying the law to
include the provision of a free legal defense for TIP victims.

H. Law 28950 and Law 27378 mandate protection of victims,
informers, witnesses, expert witnesses, and their families. At a
minimum, the laws provide for the payment of repatriation, lodging,
medical, psychological, and legal assistance as well as assistance
in re-adapting to family and society. There are also provisions for
witness protection, e.g., new identities, safe houses, police
protection, and new jobs. In practice, these measures have not yet
been implemented or enforced. As a general rule, the GOP does not
provide protection to victims or witnesses. The PNP has a program
by which co-conspirators or co-defendants can recive protection.
Informants receive limited protection. Child victims would be
placed in shelters run by the GOP, charities, or NGOs.

MIMDES's National Project against Sexual and Domestic Violence
supports a number of programs, some of which are TIP-related.
MIMDES has expanded its Women's Emergency Centers from 49 to 69,
which focus on the legal, psychological, and medical problems facing
women and children who are victims of domestic violence. These
resources are now also being used to protect TIP victims. The
National Institute for Infant and Child Welfare (INABIF) also has 3
live-in centers for underage TIP victims in Callao (Lima), Iquitos,
and Cusco. The Callao center is administered by the Sisters of
Adoration (awardees of FY 2006 G/TIP grant). This center has a
capacity of 60 adolescent females and 15 infants of the adolescents.
In 2007, this center worked with 150 victims of sexual
exploitation.

The Municipal Committees for the Rights of Children and
Adolescents (COMUDENA in Spanish) in Lima is running a project
called the "Color of Hope" (Color Esperanza) in which 126 victims of
child sexual exploitation (50 due to internal trafficking) are
treated and given job skills to support themselves. The local NGO
Action for the Children (Accion por los Ninos) provides technical
assistance for the project.

I. The Ministry of Foreign Affairs (MFA) has a program to provide
assistance to Peruvians who are indigent and require special care
abroad, including TIP victims. All Peruvian embassies and
consulates provide a 24/7 emergency phone line. The embassies and
consulates are also required to maintain referral relationships with
care centers in their jurisdictions. The MFA has established a
toll-free help line for their citizens in the United States that
connects to the MFA Office of Peruvian Rights in Lima
(1-800-535-3953, Monday-Friday from 8:30 a.m. to 5:00 p.m. Lima
time).

The MFA produced two videos in 2006 to educate travelers to the
danger of TIP. The videos were distributed to Peruvian Embassies
and Consulates with instructions to disseminate the information to
local authorities and the local Peruvian community. Copies were
also sent to MFA regional offices in Peru to distribute to the
regional and local governments. A brochure on TIP was distributed
to its offices in Cusco, Iquitos, Puno, Tacna, and Tumbes. The
brochure is also available in the office that issues passports where
the video is also shown. The MFA now offers an annual training
session for consular officials on the issues of TIP and illegal
migration.

J. The GOP provides repatriation assistance to Peruvians who have
been trafficked overseas. Law 28950 contains a provision for
providing lodging and medical, psychological, social, and legal
assistance to victims and witnesses during repatriation. The
victims are also eligible for all other services listed in Law 28950
upon return.

K. Post has identified 6 NGOs and 5 IOs in Peru that work in some
way on TIP-related issues. They all work closely with the GOP on
TIP and often attend MSC meetings. The GOP does not have a specific
budget for TIP issues and does not give financial support to any
NGO. The lack of TIP funding by the GOP should not be construed as
lack of commitment to combating TIP. The GOP has demonstrated its
commitment to TIP by providing significant resources for training
officials and making use of its existing programs to support
anti-TIP efforts.

Below are the 6 NGOs that work with TIP victims.

-- Action for the Children (Accion por los Ninos): provides
training for all types of GOP officials, community anti-TIP
mobilization campaigns, and temporary shelter for victims.
http://www.accionporlosninos.org.pe/index.htm

-- The El Pozo Movement (Movimiento El Pozo): searches out and
identifies sexually exploited or abused women and children; provides
guidance counseling and temporary shelter for victims.
http://www.movimientoelpozo.org/index.htm

-- Flora Tristan Center (Centro de la Mujer Peruana Flora
Tristan): searches out and identifies sexually exploited or abused
women and children; provides guidance counseling and temporary
shelter for victims. http://www.flora.org.pe/

-- Sisters of Adoration (Hermanas Adoratrices - AKA the Order of
the Sisters of Adoration, Slaves of the Blessed Sacrament and of
Charity): provides long-term shelter and rehabilitation services for
female victims of commercial sexual exploitation of minors.

-- Institute for the Study of Children and the Family (Instituto
de Estudios por la Infancia y la Familia - IDEIF): provides training
for all types of GOP officials, focuses on the trafficking of
children and adolescents for sexual exploitation, also child sex
tourism and border trafficking of children.

-- Human and Social Capital Alternative (Capital Humano y
Social-Alternativo - CHS): provides training for law enforcement
officials, designed the computerized case-tracking system for TIP
and trained police in its use; implementation and training continue
with close cooperation from the Ministry of Interior and the PNP.
http://www.chs-peru.com/chs_alternativo.htm

Post has identified 5 international NGOs and organizations in
Peru that work in some way on TIP-related issues. Post has heard no
reports from these organizations aboxt lack of cooperation of the
local authorities.

-- International Office of Migration (IOM): Supports and/or
participates in TIP workshops/training sessions; is assisting the
GOP's MSC to produce the National Plan of Action for TIP; funds the
toll-free hotline run by the Ministry of the Interior.

-- United Nations Children's Fund (UNICEF): Provides technical
assistance and support for training on combating the sexual
exploitation of children and adolescents--prevention, public
education, and rehabilitation of the victims.

-- International Labor Organization (ILO): Provides technical
assistance and support for training regarding labor exploitation.

-- United Nations Office of Drugs and Crime (UNODC): Provides
technical assistance and financial support for training on TIP
issues.

-- Belgian Development Cooperation: Supports the Ministry of
Interior initiative to train the PNP and Immigration officials to
identify TIP and to map the routes taken by traffickers in 4 regions
of Peru (Loreto, Madre de Dios, Cusco, and Lima).

5. (SBU) Following is a checklist of answers to Ref A, Para 30,
(Prevention):

A. Yes, the GOP recognizes that trafficking is a problem in Peru.

B. The GOP has directly funded some trafficking information
campaigns. (See Para 4, Section I on MFA programs.) In general,
the GOP and local governments have supported efforts by NGOs and IOs
to disseminate information by providing in-kind contributions and
political support to the projects (see Para X, Section X). Some of
the projects where the GOP cooperated with other organizations are:
-- IOM supported a radio campaign in 2006 2007 directed to
audiences in the interior of Peru.
-- Action for the Children accomplished many projects to educate
and raise the awareness of local government officials and student
groups, e.g.,
-- 565 Internet-Cafe workers took TIP awareness
training to protect youth.
-- 4500 children and leaders of DEMUNAs (Municipal
Ombudsman's Office for the Defense of Children
and Adolescents) and COMUDENAs marched on the
Justice Ministry; President of Supreme Court
promised to speed up TIP trials.
-- 30 heads of COMUDENAs and DEMUNAs in Lima/Callao
attended TIP workshops.
-- 217 student leaders from the Student Leadership
Program in Lima/Callao were given TIP training
and strategies on raising awareness in schools.
-- 241 School directors and teachers in Lima/Callao
were given TIP training and strategies on raising
awareness in schools.
-- CHS conducted a course for journalists nationwide on TIP and
awarded prizes for the best published reports (see Para 2, Section B
for more details).
-- Ministry of Tourism ran a campaign against child sex tourism
directed at the entire tourist industry; 100 drivers of motorcycle
taxis in Iquitos learned about TIP and agreed to strategy of
reporting on TIP, especially of children.
-- Ministry of Interior assumed responsibility, as of August 2007,
for paying the salaries of the TIP hotline staff; IOM is still
paying for the phones and related equipment.
-- Ministry of Interior cooperated with CHS to publish a book that
presents the principle laws, regulations, and procedures available
to police to fight TIP.
-- Constitutional Tribunal (Supreme Court) held a TIP workshop for
judges and prosecutors with help from IOM.
-- MIMDES continues to work with the Belgian Development
Cooperation agency to combat TIP in 4 regions: Cuzco, Lima, Loreto,
and Madre de Dios. Activities include training teachers to provide
students and parents with the information on TIP.

On November 7, 2007, the Justice Ministry announced the
publication of two books on TIP, produced by CHS. The first book is
"Trafficking in Persons in Peru: Norms, Cases and Definitions" (La
Trata de Personas en el Per: Normas, Casos y Definiciones); the
second book is "The Public Policy Framework Established to Combat
TIP" (La Institucionalidad Contra la Trata de Personas en el Per),
both of which seek to define the problem and develop criteria for
addressing the problems of TIP prevention, persecution, and
protection of victims.

The Ministry of Interior, which includes the police, continued
to work with USAID, UNICEF, and Belgian Development Cooperation to
1) expand the use of the RETA case-tracking system by police
officers and 2) educate and raise the TIP awareness of police, local
government officials, and other relevant officials. Peruvian police
officers have also participated in TIP-oriented ILEA training. The
Ministry of Interior, in coordination with the NGO CHS, achieved the
following:
-- 167 high-level personnel in the Ministry and PNP were briefed
on RETA.
-- 596 police officers were trained in TIP issues and to use
RETA.
-- The official transfer of RETA to the Ministry and the
installation of a server for the database.
-- RETA is accessible by Internet at www.retapnp.com (password
protected).
-- RETA is connected to the Ministry's TIP hotline and the
hotline's operators can input information into RETA.
-- Approval for CHS to develop a distance-learning course on TIP
and RETA through the police academy.
-- Courses on TIP and the use of RETA are now part of the
curriculum for all the PNP's training institutions.

The Directorate of Migration and Naturalization has received
training from Embassy Lima's Consular Section, UNICEF, and UNHCR.
-- Training on techniques for detecting fraudulent travel
documents, visas, and passports and interview and observation
techniques in 4 cities: Piura (70 people), Trujillo (60), Cusco
(50), and Tumbes (60).
-- Workshop in Iquitos on human rights and rights of refugees
sponsored by UNHCR.
-- In cooperation with the Belgians, UNICEF, and InterioTQJ_QUy=vsFQkmmQ0xQents have also worked closely and
cooperatively with the NGOs/IOs.

D. Peru is considered a transit point for third country nationals
being trafficked. From August through October 2007, the Embassy's
Consular Section received reports of Chinese citizens arriving at
the Lima airport with false Peruvian visas and being permitted to
enter the country, at which point they effectively disappeared.
Overland travel to Ecuador is a known path on smuggling/trafficking
routes.

The GOP claims that TIP is part of its immigration and
emigration monitoring (MIMDES conducted a training project aimed at
immigration officers). All cases handled by prosecutors and the
courts are reviewed for indications of TIP. With the implementation
of Law 28950, this scrutiny should increase. The GOP signed a
bilateral cooperation agreement with Chile on March 15, 2005, to
halt the trafficking of children and adolescents across their common
border.

E. See Para 2, Section C.

Resources available for Peruvians to file complaints and notify
the authorities about trafficking (as well as disappearances and
kidnappings) are shown below.

-- Website for reporting disappearances that is managed by CHS and
monitored by the GOP Ministry of Interior:
http://www.latinoamericanosdesaparecidos.org/ peru/ default.php
-- Website run by the Ministry for Women and Social Development
(MIMDES) primarily for family violence and sexual exploitation of
children, but handles TIP cases also:
http://www.mimdes.gob.pe/pncvfs/sientoayuda10 0/
-- Toll-free phone line for reporting TIP crimes run by the
Ministry of Interior: 0800-2-3232.

The National Corruption Office (Oficina Nacional Anticorrupcisn
- ONA), established in October 2007 by President Garcia, has assumed
responsibility for the "National Development Plan Against Corruption
and Citizen's Ethics" from the Ministry of Justice where it was
first developed in the final months of the Toledo Administration.
(To date, the document is still considered a proposal.) The Plan
would be used as a basis for formulating anti-corruption policies
and creating a national anticorruption system to integrate the
information and best practices of all parts of the government. It
also specifies that an annual anticorruption report should be
issued. The Plan was first developed in the final months of the
Toledo Administration (June 2006) and has been modified since.

F. The regulations for Law 28950 and the National Plan of Action
have not yet been approved and implemented more than one year after
passage despite the mandate that the law's regulations be written
within 30 days. Without the regulations, enforcement is not
possible. The MSC, knowing that this timeframe was not realistic,
held a series of inter-ministerial meetings to develop the
regulations. When then Minister of Interior Pilar Mazzetti was
replaced on February 26, 2007 by Luis Alva Castro, most of the
high-level positions in the ministry also changed, including the
person chairing the MSC. Despite some initial signs that the
momentum gained under Mazzetti would continue, the TIP regulations
and action plan slid quickly down the list of priorities. Both the
regulations and the action plan (writing process chaired by IOM)
have been approved by the MSC and the legal and subject matter
experts in the ministries. All that is lacking is the final
approval of the ministers. Changes in other ministries over the
past year (e.g., Health and Labor) may also have slowed the approval
process.

The MSC, in close coordination with the IOM, produced a draft
that has been approved by all members of the MSC. The subcommittee
consists of the representatives from the Ministry of Interior, the
Public Ministry, two NGOs, and the IOM.

G. The Ministry of Tourism has a Code-of-Conduct program against
sexual exploitation, especially of minors, for hotels and other
forms of lodging; fines and closures are specified penalties. The
mi..Q
1QQQ~6MSQsion in Haiti
(MINUSTAH). The movements of the Peruvian peacekeepers in Haiti are
very limited. In general, the 200-man force remains in their camp
during deployment, leaving only to go on patrol. Interaction with
locals is very limited as a result. During their six months in
Haiti, the peacekeepers have 6-8 days of leave, which they usually
spend in the Dominican Republic. The peacekeepers receive lectures
on STD prevention and responsible sexual behavior prior to
deployment.

In a collaborative health surveillance activity, the U.S. Naval
Medical Research Center Detachment (NMRCD) in Lima and the Peruvian
military are assessing the risk of infectious disease exposure to
peacekeepers in Haiti and possible importation of a disease back to
Peru. With funding from the U.S. Military HIV Program, the GOP
Ministry of Defense has serum samples collected from peacekeepers
before and after deployment, which is tested for exposure to STDs,
HIV, and others. NMRCD has detected a very low incidence of
sexually-transmitted infections among the peacekeepers, and no cases
that appear to have been acquired while in Haiti or the DR.

----------------------------------------
Nomination of Heroes and Best Practices
----------------------------------------
6. (U) No nominations for TIP Heroes.

7. (U) No nominations for Best Practices.

--------------------------------------------
Point of Contact and Hours of Preparation
--------------------------------------------
8. (U) Point of Contact is:
-- Michael Trulson, NAS Program Officer; telephone: (511)
618-2689, Fax (511) 618-2162; email: trulsonmc@state.gov

9. (U) Hours spent in preparation of this report:
-- NAS Director (FE-OC): 1 hour
-- NAS Deputy Director (FS-1): 1 hour
-- NAS Program Officer (FS-2): 60 hours
-- Political Officer (FS-2): 4 hours
-- Consular Officer (FS-2): 2 hours
-- Military Assistance and Advisory Group Officer
(FS-2): 2 hours
-- USAID Officer (FS-3): 2 hours
-- USAID Program Assistant (LES-9): 3 hours
-- NAS Program Assistant (LES-10): 15 hours

NEALON

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