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