PARAGUAY: THE SIXTH ANNUAL ANTI-TRAFFICKING IN

UNCLAS ASUNCION 000216

SIPDIS

SENSITIVE
SIPDIS

WHA FOR LINDA BROWN
WHA/PPC FOR MICHAEL PUCCETTI
G/TIP FOR ANTHONY ETERNO
G
DRL
PRM
INL
IWI
DEPARTMENT OF HOMELAND SECURITY
USAID

E.O. 12958: N/A
TAGS: KCRM PHUM KWMN ELAB SMIG ASEC KFRD PREF PA
SUBJECT: PARAGUAY: THE SIXTH ANNUAL ANTI-TRAFFICKING IN
PERSONS (TIP) REPORT

REF: A. STATE 03836

B. 05 ASUNCION 0913


1. (SBU) This cable responds to the detailed questions
regarding Anti-Trafficking in Persons efforts for Paraguay.

OVERVIEW


A. Paraguay is a source country for trafficked women and
children, many of whom are smuggled across Paraguay's borders
into the neighboring countries of Brazil and Argentina, as
well as Spain. The victims are trafficked for sexual
exploitation and forced labor. Poor children are also
trafficked internally from rural to urban areas, specifically
Asuncion and Ciudad del Este, for sexual exploitation and
domestic servitude. Trafficking of Paraguayan and Brazilian
women and girls, principally for sexual exploitation, remains
an ongoing problem in the tri-border area, on the
Brazil-Paraguay-Argentina border.

Anecdotal evidence indicates that several hundred women and
children are trafficked abroad annually. There are no
estimates or statistics available on the extent of
trafficking within the country. In 2005, according to the
GOP, there were 64 confirmed victims of international
trafficking in persons. In the last five years, according to
the International Organization of Migration (IOM),the
trafficking of women and children in Paraguay has increased
by 27 percent.


B. The Government of Paraguay has made significant efforts to
combat trafficking, in the last year, but does not fully
comply with the minimum standards for the elimination of
trafficking. The government has not provided sufficient
resources to the responsible agencies to combat trafficking
in persons. The will of those within the agencies is strong
to take concrete steps to combat trafficking but the lack of
funding undercuts the ability of key agencies to fully
implement effective policies.

The government successfully prosecuted four trafficking
cases, extradited a person from Spain, and solicited
bilateral assistance and international financial institution
funding to train government officials, continue national
public awareness campaigns, and establish a shelter to assist
victims of trafficking. The government should continue to
work with NGOs to increase public awareness and improve
services for victims. It should also take greater steps to
identify and prosecute trafficking crimes.

Most victims are women and children (mostly girls) and are
residents from the rural interior of the country,
particularly the departments of Alto Parana, Canindeyu,
Caaguazu and Itapua, which border Argentina and Brazil.
Recruiters are typically Paraguayan and use false documents
to move victims.


C. The government,s inability to adequately address this
problem largely stems from insufficient resources. The
Secretariat for Repatriations does not have computers for

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much of its staff. In addition, resources to provide
housing, shelter, healthcare, food, and transportation of
victims back to their home towns were almost non-existent.
The agencies responsible for border control (Immigration,
Customs, and the National Police) have not received any
government training to help prevent trafficking in persons.


D. Paraguay presently has no system for tracking cases of
internal or domestic trafficking. Transnational trafficking
cases are tracked independently by individual agencies but
there is no central source. Gathering information requires
an agency to agency collection and assessment. For example,
the Secretariat for Repatriations keeps records of those that
have suffered transnational trafficking, while the Attorney
General,s Office maintains separate records of the
transnational criminal cases with the assistance of the
Secretariat of Women,s Affairs.

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PREVENTION


A. The government does acknowledge that the problem exists.


B. There are several government agencies involved in
anti-trafficking efforts, such as the National Police, the
Secretariat of Women,s Affairs, the Secretariat of

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Repatriations, the Office of the Attorney General, and the
Secretariat of Children and Adolescents, to name a few. The

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Secretariat of Repatriations takes the lead in assisting

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Paraguayan victims of transnational trafficking to return to
Asuncion by identifying non-governmental sources to
repatriate victims. Once in Asuncion, the Secretariat of
Women,s Affairs takes the lead for caring for victim,s
while they are receiving physical and psychological
assistance in Asuncion. This agency is also responsible for
providing shelter and meals as well as finding ways to
transport victims back to their home towns.


C. The Secretariat of Women,s Affairs, over the past year,
with the support of the INL funds, has been conducting an
anti-trafficking in persons public awareness campaign with
the use of posters and a series of seminars. The seminars
were held in the cities of Encarnacion, Itapua; Pedro Juan
Caballero, Amambay; Villarica, Guaira; Ciudad del Este, Alto
Parana; and Asuncion, Central. The seminars, targeting
potential victims, lasted 5 days and addressed a range of
issues, including women,s health and education.


D. The Government of Paraguay does support other programs to
prevent trafficking but, again, resources are very limited.
The Secretariat of Women,s Affairs has several programs
specifically focused on supporting education and job training
for women and girls. The Secretariat for Children and
Adolescents also sponsors programs to combat child labor,
including programs to protect street children and other
children from forced labor, and others that focus on the
education of children.


E. The Government of Paraguay and Non-Governmental
Organizations (NGOs) generally make an attempt to work
together on Anti-TIP. The various entities participate in an
institutional round-table working group which consists of
more than 30 different representatives from the Government of
Paraguay and the NGO community.


F. The Government of Paraguay does not monitor immigration
and emigration patterns for evidence of trafficking. The law
enforcement, immigration and customs officers at the ports of
entry were not equipped with modern technology nor trained in
modern techniques, in order to screen for potential
trafficking victims.


G. There is no monitoring for evidence of trafficking in
persons at the borders. The National Police, Immigration and
Customs officials do not receive training on anti-TIP
techniques. In addition, the borders are very porous and
there is limited control.


H. In Asuncion, there is coordination, on a limited basis,
between various agencies involved in TIP issues. There is an
intergovernmental and NGO roundtable that discusses issues
specifically related to TIP each month. However, outside of
the Asuncion, there is limited coordination among agencies
and NGOs. The government does not have a public corruption
task force however, Paraguay's Steering Committee for a
National System for Integrity (CISNE) is a public-private
entity that addresses corruption issues.


I. The government does have a National Plan to address
Trafficking in Persons. The agencies involved in the plan
are the Foreign Ministry, Secretariat of Women,s Affairs,
Secretariat of Repatriations, and the Office of the Attorney

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General. Both local and international NGOs were consulted
regarding this plan, such as the International Organization
for Migration (IOM) and Grupo Luna Nueva. The government has
acted on the National Plan but progress has been limited by
insufficient budgets for the various agencies involved.

INVESTIGATION AND PROSECUTION OF TRAFFICKERS


A. Paraguay,s basic anti-trafficking statute and existing
laws are adequate to address most forms of trafficking and
sexual exploitation of minors but are not properly enforced.


B. Trafficking-related statutes prescribe sentences to a
maximum of 10 years imprisonment. The penalties are not
separated for labor and sexual exploitation.


C. The statutes for rape or forcible sexual assault prescribe
sentences for a maximum of 10 years of imprisonment. If the
victim is a minor, the sentences range from 3 to 15 years.
The penalties for this violation of law are similar to
trafficking maximum sentences.


D. Prostitution is legal for those over the age of 18 and is
regulated by the municipalities.


E. The government identified 20 new international trafficking
cases and prosecuted 4 traffickers in 2005, but the lack of
data for previous years makes it unclear whether law
enforcement efforts have increased or decreased.


F. There is no specific information identifying and
confirming names or groups however it is widely known that
international organized crime syndicates are involved. These
syndicates also control the drug and arms-trafficking
industries. There is also speculation of political figures
being involved but these are unconfirmed reports. It is
unclear where these funds are being transferred to and for
what purpose.


G. The Attorney General named a prosecutor as the national
coordinator of trafficking prosecutions. The Anti-TIP
prosecutor actively pursues cases in trafficking but staffing
is limited. The government only uses reactive, basic
investigative techniques but a lack of resources and
personnel hinder effective investigations. Advanced
investigative techniques are not being used. There are no
laws that prohibit the police from engaging in covert
operations.


H. The government does not conduct training for the Attorney
General,s Office, National Police, Military, Immigration nor
Customs in how to recognize, investigate, and prosecute
instances of trafficking. USG assistance and other
international organizations and governments are the only
sources of training for anti-TIP.


I. The government cooperates with other governments and
Interpol in the investigation and prosecution of trafficking
cases. In 2005, there are 20 international trafficking cases.


J. The government extradites persons who are charged with
trafficking in other countries. There was only one person
extradited back to Paraguay from Spain. There have been no
Paraguayans extradited to another country under this offense.
However, the government does not prohibit extradition.


K. There is no substantiating evidence linking the
government to trafficking.


L. There is no conclusive or substantiated information
linking government officials to trafficking.


M. There is no identified child sex tourism industry in
Paraguay. However, there have been foreign pedophiles
indicted for activities involving sexual exploitation of
children. On January 27, the Child Pornography legislation
formally became law. Each article of the legislation speaks
to the use, commercialization and exhibition of children in
pornography and issues penalties of 5 to 10 years.
Paraguay,s child sexual abuse laws do not have
extraterritorial coverage.


N. The Government of Paraguay has signed and ratified ILO
Convention 182 concerning the elimination of the worst forms
of child labor; ILO Convention 29 and 105 on forced and
compulsory labor; the optional protocol to the Convention on
the Rights of the Child (CRC) on the sale of children, child
prostitution, and child pornography; and the Protocol to
Prevent, Suppress and Punish Trafficking in Persons.

PROTECTION AND ASSISTANCE TO VICTIMS


A. The government provides assistance to victims but the
assistance is inadequate, due to a lack of resources.
Victims receive legal, medical and psychological services but
only for a limited period of time. Once the victim returns
to their community outside of Asuncion, the victim is no
longer provided with assistance or follow-up. A Catholic
monastery provides temporary housing for victims. The
government does not have a shelter facility or a victim
health care facility. Victim care is provided in local
hospitals in Asuncion.


B. The government does not provide funding or other support
to foreign or domestic NGOs for services to victims. Foreign
governments and international NGOs provide funding for
victims.


C. There is some level of government screening and referral
process in place to transfer victims to NGOs. Local police
and municipal authorities in Asuncion and Ciudad del Este
screened (potential) victims and referred them to NGOs.


D. Victims are treated with respect and given some support.
Victims are not treated as criminals.


E. The government encourages victims to participate in the
investigation and prosecution of trafficking perpetrators.
There are no provisions of law allowing a victim to seek
civil law suits or restitution against a trafficker.


F. The government,s ability to provide protection to victims
and witnesses is limited but they do make an effort. The
government does not have a shelter. A Catholic monastery
provides space for victims of trafficking. The government
provides legal, medical and psychological services but only
for a limited time period in Asuncion. NGOs provide similar
services in other cities. Once the victims return to their
home cities or towns, the government services cease. There
is no follow-up by the government. Child victims receive the
same services.


G. The government does not provide training for the Attorney
General,s Office, National Police, Military, Immigration or
Customs in how to recognize trafficking victims or the
services available to them. The government does not provide
training to its embassies and consulates in foreign countries
on protections and assistance to victims. The government
does not urge embassies and consulates to develop
relationships with NGOs that serve trafficked victims.


H. The government provides legal, medical and psychological
services to its repatriated citizens but the government does
not operate a shelter.


I. Global Infancia, an international NGO, focuses on legal
issues on behalf of children. Grupo Luna Nueva, a local NGO,
provides a shelter as well as legal and psychological
services to victims. The International Organization of
Migration provides training and participates in anti-TIP and
victim care efforts. The Inter-American Development Bank is
a source of funding for anti-TIP efforts for the government.
All of the organizations receive cooperation with local
authorities and are members of the Institutional Roundtable.


2. (U) Post does not have a recommendation(s) for Heroes or
Best Practices.
CASON