Identifier
Created
Classification
Origin
05ASUNCION1416
2005-11-16 14:58:00
UNCLASSIFIED
Embassy Asuncion
Cable title:  

CHILD PORNOGRAPHY IN PARAGUAY

Tags:  PGOV PREL PHUM SOCI KOCI PA 
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161458Z Nov 05
UNCLAS SECTION 01 OF 02 ASUNCION 001416 

SIPDIS

STATE PASS TO USAID FOR LAC/AA
LABOR FOR IPM/OFR LAUARA BUFFO
LABOR FOR IRO TINA FAULKNER
LABOR FOR IRO SHARON HELLER JORDAN

E.O. 12958: N/A
TAGS: PGOV PREL PHUM SOCI KOCI PA
SUBJECT: CHILD PORNOGRAPHY IN PARAGUAY


UNCLAS SECTION 01 OF 02 ASUNCION 001416

SIPDIS

STATE PASS TO USAID FOR LAC/AA
LABOR FOR IPM/OFR LAUARA BUFFO
LABOR FOR IRO TINA FAULKNER
LABOR FOR IRO SHARON HELLER JORDAN

E.O. 12958: N/A
TAGS: PGOV PREL PHUM SOCI KOCI PA
SUBJECT: CHILD PORNOGRAPHY IN PARAGUAY



1. This is an action request. See paragraph 11.


2. SUMMARY: Abuse and neglect of Paraguayan children is a
constant problem in the country. The number of complaints of
mistreated children has increased in recent years with the
sexual abuse and exploitation of children cited as the main
problems, along with the growing problem of child
pornography. There are only two recent cases of child
pornography that have acquired national attention, but the
reality is that very little data is available on the actual
number of children involved. Government agencies have not
been effective protecting children due to a lack of
Constitutional and legislative protections. NGO's and
various agencies back new legislation to criminalize child
pornography which backers introduced to Congress in October
with the hope it will be adopted before the end of this year.
END SUMMARY

--------------
The Constitution
--------------


3. The Paraguayan Constitution and the Paraguayan legal code
provide little protection for children. According to UNICEF,
there is no law that criminalizes pornography, whether the
pornography depicts adults or children. The Penal Code
criminalizes the use of children in prostitution, but does
not directly penalize the sale, possession of child
pornography, or use of children in pornography. This
exacerbates the problem authorities face in prosecuting
individuals involved in child pornography.

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An NGO View on Child Pornography
--------------


4. According to the NGO Global Infancia, sexual abuse and
exploitation are still taboo subjects in Paraguay. There is
very little sex education in the school system, and recent
attempts at reforming the curriculum was unsuccessful.
Although it is evident to NGO observers that commercial
sexual exploitation of children is increasing in the country,
very little data is available on the actual number of
children involved.

-------------- --------------
National Secretariat for Children and Adolescents
-------------- --------------


5. The 2001 Child and Adolescent Law created a National

Secretariat for Children and Adolescents and required

SIPDIS
municipalities to create a new office to promote the rights
of children and adolescents. The Secretariat, although funded
by the government, has not been entirely effective. Resources
for medical treatment and counseling are limited. The lack of
resources also prevents periodic follow-up in the weeks and
months after the incidents of child abuse have taken place.
However the lack of resources has not prevented the number of
municipalities with Child and Adolescent offices increasing
from 60 to approximately 120 since 2001.


6. According to the Secretariat, the exploitation of children
through prostitution and pornography is a recent but fast
growing problem in Paraguay. Until very recently, child
pornography was completely unknown or ignored in Paraguay
among judges, police officers, child welfare institutions and
NGO,s. The general public perception is that the reported
cases of child pornography are isolated incidents, and the
general consensus is that child pornography is not a problem
in Paraguay. This may reflect public ignorance, unwillingness
to face unpleasant development, wishful thinking or a
reactionto the fact that while increasing, the problem is
smaller than in larger countries.

--------------
Legislation against Child Pornography
--------------


7. The Secretariat for Children and Adolescents along with
the help of local NGO,s, sponsored a bill criminalizing all
aspects of child pornography. The bill was introduced to the
Senate in March 2005. POLOFF met with Senator Bader Rachid
Lichi and Deputy Rafael Filizzola to discuss the status of
the child pornography bill. Senator Rachid the Chairman of
the Legislation Committee, noted that while some minor
technical issues had prevented the bills adoption to date, he
was optimistic that the bill would pass in the Senate before
the end of this year. Under this bill, those convicted would
be subject to a maximum penalty of 12 years in prison for the
use of children in pornography. Deputy Filizzola, who is a
member of the Legislation Committee in the Chamber of
Deputies, was also optimistic about the adoption of the bill
in the Senate and believe that once the bill came to the
Chamber of Deputies it would have the votes necessary to pass
into law.

--------------
Mom and Dad No Help Either
--------------


8. The Xiscatti case is one of the most egregious cases in
Paraguay regarding the use of children in pornography. In
this case, a photographer signed supposed modeling contracts
with the parents of the children. The parents had full
knowledge that their children would be photographed nude. The
pictures were exhibited on an Internet website that could
only be accessed by paying a fee. According to current
Paraguayan law, none of the aforementioned activities
constitutes a crime. It does, however, constitute a
"transgression against good morals of society", for which the
photographer only had to pay a minimal fine.


9. A more recent case that attracted national attention
occurred in February 2005, when two Scandinavian nationals
were captured minutes before leaving the country on charges
of child prostitution. The police found in their luggage
filming materials and pornographic videos and photographs of
nude children. According to prosecutor Clara Ruiz Diaz, the
individuals had arrived in Paraguay to obtain sufficient
material to later commercialize in Europe through the
Internet. The two individuals were charged with the crime of
prostituting minors, but not for the use of children in
pornographic videos and photographs because this is not a
crime in Paraguay. The trial is set to start in late November

2005.

--------------
How the USG Can Help
--------------


10. The Secretariat for Children and Adolescents is open to
help from the USG in providing training for public employees.
Senator Rachid suggested that an expert in the field of child
pornography could organize training workshops to educate
prosecutors, judges and public servants. With funding from
Washington, Post could contact local NGO,s and the GOP to
develop a national public awareness campaign, and encourage
the GOP to establish shelters, counseling programs, and
medical treatment to assist victims. According to local
NGO's, victims of child pornography are not receiving any
such assistance from the government.


11. ACTION REQUEST: Post requests that State Department
consider identifying funds to bring an expert in the field of
child pornography to conduct training workshops for Senators,
Prosecutors, Judges and officials from the Secretariat of
Children and Adolescents to promote prevention, protection of
victims, and prosecution of those implicated in child
pornography.
JOHNSON