Peru: TIP Update

UNCLAS SECTION 01 OF 04 LIMA 003643

SIPDIS

DRL for KBrokenshire, CNewling, KCumberland, JSchechter
G/TIP for Linda Brown
G/TIP Please Pass to OAS for Philip Linderman
WHA PPC for Mike Puccetti

E.O. 12958: N/A
TAGS: PHUM PGOV PE
SUBJECT: Peru: TIP Update

REF: A) Human Rights Report 2004

B) Lima 6144 `03


1. The following report traces GOP actions against
Trafficking in Persons (TIP) and TIP-related events in Peru
for the first half of 2005. The GOP continues to move
against TIP. Nonetheless, as Peru advances from an initial
strong start against human trafficking, the hard work of
building institutions and ensuring that laws are enforced
will challenge the GOP. Embassy is continuing efforts to
ensure that the GOP understands that TIP is a critical bi-
lateral issue.


2. The following TIP-related developments took place during
the first half of 2005:

Legal/International Commitments:

-The Foreign Ministry held a TIP Conference that focused on
trafficking to Japan and on the draft TIP law, which is
still being discussed in Congress. (paras 3-5)

-Two Peruvian NGOs released detailed, empirical studies of
TIP in Peru. One of the studies was financed by a grant
from State PRM. (paras 6-7)

New Anti-TIP Initiatives:

-The GOP is undertaking a multi-sectoral effort to fight
child prostitution in high-tourism areas. (para 8-10)

-The Women's Ministry is creating a special shelter in Lima
for underage victims of prostitution. (para 11)

-Embassy RSO engages in fight against Internet Child
Pornography. (para 12)

TIP Enforcement:

-Raids/Arrests against domestic and international TIP.
(paras 13-15)

Past Cases, Projects:

-Peruvian TIP Victims from Japan. (para 16)

-INL-financed projects. (para 17)

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Foreign Relations Ministry Hosts TIP Conference
-------------- --


3. On April 28-29, the Ministry of Foreign Affairs hosted
an OAS-sponsored conference on trafficking in persons
attended by the U.S. Ambassador, the Attorney General, the
Foreign Minister and representatives of the OAS and the
Government of Japan. During the conference, MFA Vice
Minister (now Foreign Minister) Oscar Maurtua announced the
establishment of hot lines for trafficking victims in
Peruvian Embassies and consulates. The hot lines supplement
information campaigns that the Foreign Ministry has already
established to warn travelers about the dangers of
trafficking. Attorney General Nelly Calderon noted that the
Justice Commission of the Congress is working on a new law
on trafficking in persons to fulfill Peru's commitments
under the Palermo Protocol.

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Ministries Hold Line on TIP Law
--------------


4. The content of the draft TIP law being considered by
Congress has inspired debate within the GOP, according to
Women's Ministry (MIMDES) Coordinator for International
Issues Ilian Hawie. In a recent meeting, Hawie told Poloff
that Congress had sent MIMDES, the Justice Ministry and the
Interior Ministry (MINT) copies of the draft law. Members
of the Congress' Justice Commission had apparently watered
down the original draft provided by the Justice Ministry
several months ago.


5. Hawie said the Congressional version of the TIP law
defined human trafficking as an activity motivated
exclusively for economic reasons, where the original version
sent by the Justice Ministry had recommended a definition
stating that trafficking could occur for economic reasons or
for "any other benefit." The broader definition would
include, for example, illegal adoptions, child smuggling, or
other forms of exploitation where cash does not change
hands. Hawie noted that the three Ministries consulted -
MIMDES, MINT, and the Justice Ministry - returned the draft
to Congress with strong critical comments. MIMDES is also
recommending that the law establish a protection fund for
witnesses in TIP cases. Hawie predicted that Congress would
ultimately accept the recommended changes. Otherwise, Peru
could not meet its TIP commitments under the Palermo
Protocol.

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NGOs Offer Base-Line Studies of TIP in Peru
--------------


6. The International Migration Organization and the
Movement El Pozo, an anti-trafficking NGO, presented a study
of trafficking to the Congress on March 18. The study,
financed by a grant from State Department PRM, stated that
eight of every ten sex trafficking victims in Peru is a
victim of domestic trafficking. (Note: The proportion of
international TIP victims strikes us as high, when one
considers TIP in all its modalities - i.e. forced domestic
labor, child labor, etc. The OIM study focused on victims
of sexual exploitation. End Note) It concluded that
trafficking is centered in Lima and Cusco, but other areas
are also involved, most notably mining and logging regions.
Traffickers target young girls from poor families, often
using a combination of coercion and emotional manipulation
to lure them into prostitution. The top destinations of
foreign trafficking from Peru are: the U.S., Europe and
Japan.


7. The Women's Organization Flora Tristan issued a study
similar to the IOM's on May 19. The investigation, financed
by the German Government, focused on eight cities in Peru.
The study emphasized domestic trafficking and, in
particular, the role that local employment agencies play in
recruiting trafficking victims among poor young women from
rural areas by offering relatively well paid "restaurant
work" in cities like Lima and Cusco - or, in some cases, in
foreign countries. Both Flora Tristan's and the IOM study
offered public baselines for developing responses to
trafficking. Their contents and conclusions were heavily
covered in the local press.

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GOP, ILO, NGOs Fight Child Prostitution
--------------


8. ILO reps have praised the Women's Ministry for the
leadership role that it has assumed regarding child
commercial sexual exploitation (CCSE). MIMDES is
coordinating the activities of various NGOs to combat CCSE
in Iquitos, a popular Amazon tourist spot where child
prostitution is a serious problem. MIMDES has brought
together local police, judges, NGOs and others into a
campaign against CCSE. In April, MIMDES sponsored a seminar
which approved an Intervention Model for Police operations
against this crime.


9. The ILO is financing a Referral Center in Iquitos for
TIP victims as a complement to the MIMDES-led campaign. The
ILO is also participating in a publicity effort organized by
MIMDES and the Tourism Ministry (MINCETUR) to promote
awareness of CCSE in anticipation of the San Juan Festival,
a time when many tourists visit Iquitos. MINCETUR kicked
off its part of the program on 6/22. Targeting foreign
tourists, MINCETUR has provided domestic airlines with an in-
flight video and is distributing flyers at airports that
warn tourists that sex tourism can result in lengthy prison
sentences under Peruvian law.

10. To reinforce the development of much-needed TIP and
CCSE-specific arrest procedures called for in the
Intervention Model approved for Iquitos, the Ministry of the
Interior (MINT) and the ILO have agreed to co-sponsor a
training program for Police on CCSE. This will take place
in six cities (Lima, Iquitos, Cusco, Tarapoto, Chiclayo,
Tacna) from August to November. An NGO specialized in this
area will carry out the training, and the course will be
certified by the Peruvian National Police (PNP) official
Training Program.

11. Recognizing the specific needs of TIP victims, MIMDES
is creating a special pilot center for underage street
prostitutes in Lima. Similar facilities are planned for
Puno, Chiclayo, and Pucallpa. The 30-person shelter will be
located inside a larger existing facility for abandoned
children. (Note: MIMDES is following the example of the
Sisters of Adoration, who have been running a similar
operation in Callao in cooperation with the GOP for several
years. End Note.)
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Internet Child Pornography
--------------


12. Poloff and A/RSO met with the Foundation of Disappeared
Peruvians (FPD) in April to discuss Internet pornography.
The FPD has been regularly finding and denouncing Internet
porn websites in Peru. FPD software indicates that some of
these sites have connections to the U.S. Unfortunately,
denunciation is an ineffective practice, since pornographers
simply move to another site. The FPD has agreed to provide
information on porn websites connected to the U.S. to RSO
for forwarding to Washington agencies for possible action.
(Note: Since 2004, Peruvian Law has required Internet cafes
to take measures to prevent children from being exposed to
Internet pornography. Enforcement of the law is incomplete.
End Note.)

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TIP Enforcement: Domestic Trafficking
--------------


13. Peru has new laws protecting children from sexual
exploitation and punishing both the pimps and clients of
underage prostitutes. The Police have begun to act on these
statutes. The following is not meant to be exhaustive, but
representative of recent enforcement actions taken against
both domestic and international traffickers in Peru.

-- PNP officers rescued four women, three of them
adolescents, from a site in downtown Lima on 2/17. The four
had been lured to the capital through promises of jobs, but
on arrival found themselves held captive and expected to
work as prostitutes. One of the women managed to e-mail a
friend and ask for help. Police arrived and arrested the
two men who had held the women captive.

-- PNP officers from the Anti-Kidnapping Division arrested
Rosa Elvira Mendieta Aton on March 4 in Lima. Mendieta Aton
is accused of running a scheme to capture, drug, and turn
young girls and over to male clients for exploitation as
prostitutes. According to press reports, she recently
turned a 13-year old girl to two men in return for 80 soles
(approximately USD 25). The men then raped and abused the
young girl. The girl's mother went to the police. The
police arrested the two men along with Mendieta Aton.

-- During July, Police also carried out a series of raids
against clandestine brothels in Huanuco, Chosica, and
Huachipa. In the last area, a community near Lima, the PNP
encountered a number of underage women.


14. Comment: The increased tempo of regular raids by Police
against clandestine brothels, where underage women
frequently work, interrupts criminal activity and keeps
TIP's profile raised with local media. At the same time,
raids alone are not enough. Police operations must be
accompanied by proper management and identification of
underage women found and follow-up prosecutions. Peru has
received a grant to design a tracking system for enforcement
activities, including prosecutions and sentences. End
Comment.

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International Trafficking
--------------


15. PNP officials at Lima's Jorge Chavez International
Airport detained 84 year old Zoila Gregoria Aguirre, when
she tried to board an airplane for Miami in the company of a
minor whom she said was her grandchild. Authorities found
that the child's passport belonged to a different person.
According to local press reports, Gregoria Aguirre planned
to sell the child in the United States.

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Follow-Up on Peruvians Trafficked to Japan
--------------


16. Post has continued to follow the cases of two Peruvian
women trafficked to Japan in the late 90s (Ref A).

-- Adelaide Nunez, a TIP victim trafficked to Japan,
returned to Peru in January, her trip paid for by the
Peruvian Government. Post attempted to interview her, but
she informed both GOP reps and local NGOs that she did not
wish to speak about her experiences. She has apparently
found a job and has re-established herself in Lima.

-- Trafficking victim Irene Oblitas, whose identity was
revealed against her wishes by journalists in April 2004,
called Poloff from Ecuador on 8/9 and informed him that she
was returning to Peru. Oblitas had been seeking third
country asylum because she feared Yakuza retribution after
her case became public. She remains interested in obtaining
custody of her children, who are in a state orphanage. Post
has communicated its interest in this case - described in
detail in last year's Human Rights Report - to the
appropriate Peruvian authorities.

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Work on INL-Financed Projects Begins
--------------


17. INL resources are now going to three NGOs to carry out
anti-TIP projects in Peru. Work has started on a statistics-
based tracking system for TIP cases, training for officials,
and public education.
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