PARAGUAY: THE SEVENTH ANNUAL ANTI-TRAFFICKING IN

UNCLAS ASUNCION 000158

SIPDIS

SIPDIS
SENSITIVE

WHA FOR MARK TAYLOR
WHA/PPC FOR MICHAEL PUCCETTI
G/TIP
G
DRL
PRM
INL
IWI
USAID

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

REF: 06 STATE 202745


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 Argentina, Bolivia, and
Brazil, 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 2006, according to the
GOP, there were 15 confirmed victims of international
trafficking in persons that were repatriated (NOTE: Paraguay
only counts TIP victims that have returned to Paraguay as
victims. End Note). Of those victims, 9 were adults and 6
were minors under the age of 18. However, there were
additional reports of 19 rescued in Spain in May 2006, 2
victims located in Bolivia, and another 17 rescued in Spain
in February 2007, all of whom have not returned to Paraguay.


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 two trafficking cases
in 2006 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. Much of the initial contact is made by
other women, who ask the victims if they have a job and if
they would be interested in working overseas. Then the
victims are passed over to handlers that facilitate all of
the preparations for travel while inside Paraguay. Once the
victim arrives in the country of destination (usually
Argentina, Spain, Brazil, and in some rarer cases, Bolivia),
the victim is forced to surrender their travel documents and
are quickly ushered into a life of prostitution.


C. The government,s inability to adequately address this
problem largely stems from insufficient resources. 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 received limited government training to help
prevent trafficking in persons. The Secretariat for
Repatriations does not have computers for much of its staff.


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. The Attorney General,s

SIPDIS
Office, with INL support, is in the process of implementing a
TIP Centralized Database to be used among the Paraguayan
entities that work on TIP issues. This project will enable
law enforcement agencies to track and retrieve information on
TIP cases as well as share information among other related
agencies. This project will be operational by April 2007.

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

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

SIPDIS
Secretariat of Repatriations takes the lead in assisting

SIPDIS
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 as well as NGO and foreign
government assistance, 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 Departments of Itapua, Amambay, Guaira, Alto
Parana, and the Central Department, which includes Asuncion.
The seminars, targeting potential victims, addressed a range
of issues, including women,s health and education. In
addition, the Secretariat of Women's Affairs conducted
courses for the police, healthcare workers, prosecutors, and
others in assisting victims of trafficking and domestic
violence.


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. 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.


G. 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.


H. The government does have a National Plan to address
Trafficking in Persons. The agencies involved in the plan
are the Foreign Ministry, the Secretariat of Women,s
Affairs, the Secretariat of Repatriations, and the Office of
the Attorney 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.
The 1997 Penal Code law (1160/97) has several articles that
address trafficking in persons and associated violations,
including: Article 129 Trafficking in Persons; Article 246
The Production of Illegal Documents; Article 251 Production
of Government Documents with False Information; Article 185
Extorsion; Article 125 prohibits the forced extraction of a
person from Paraguayan territory; Article 124 Deprivation of
Freedom; Articles 120 and 121 Coercion and Grave Coercion;
Article 122 Threats; and Article 135 Child Sexual Abuse. The
2001 Children and Adolescents Lay (1680/01) also contains
provisions that could be used in prosecutions against
traffickers, including: Article 25 Children's Rights Against
Exploitation and Article 31 prohibits the use of children in
commercial sexual activities. The 1997 Adoptions Law
contains provisions that protect the rights of children
against violence and exploitation. The 2000 Domestic
Violence Law (1600/00) contains provisions to protect women
and children from physical violence and violence associated
with trafficking in persons. Laws for internal trafficking
do not exist but several of the laws above are used to
prosecute activities related to internal trafficking.


B. Trafficking-related statutes prescribe sentences to a
maximum of 10 years imprisonment.


C. The penalties are not separated for labor and sexual
exploitation.


D. 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.


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


F. The government identified 18 pending international
trafficking cases (12 of those are in the investigation
phase) and prosecuted 2 traffickers in 2006, but the lack of
accurate data for previous years makes it unclear whether law
enforcement efforts have increased or decreased.


G. 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.


H. 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, including electronic surveillance
and undercover operations, are not being used. There are no
laws that permit the police to engage in covert operations to
combat TIP.


I. The government does not conduct internal training for the
Attorney General,s Office, National Police, Military,
Immigration nor Customs in how to recognize, investigate, and
prosecute instances of trafficking. However, the Secretariat
of Women's Affairs conducted courses for the police,
healthcare workers, prosecutors, and others in assisting
victims of trafficking and domestic violence. USG assistance
and other international organizations and governments are the
only sources of funding for anti-TIP training.


J. The government cooperates with other governments and
Interpol in the investigation and prosecution of trafficking
cases. In 2006, there were 18 international trafficking
cases.


K. The government extradites persons who are charged with
trafficking in other countries. There have been no
Paraguayans extradited to another country under this offense.
However, the government does not prohibit extradition.


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


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


N. There is no identified child sex tourism industry in
Paraguay. However, the Attorney General,s office identified
more than 960 cases of sexual abuse against children that are
in various stages of investigation. Paraguay,s child
sexual abuse laws do not have extraterritorial coverage.


O. 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. The Secretariat of Women,s Affairs
has identified a government-owned property that is suitable
for a shelter and is in the process of acquiring the
property. In 2007, INL funds will assume a support role in
helping to refurbish the building for up to 25 victims of TIP.


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, Ciudad del Este and
Encarnacion screened (potential) victims and referred them to
NGOs. This process does not necessarily transfer to other
border jurisdictions.


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.
However, many victims avoid the legal process for fear of
retaliation and death threats. 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.
The International Labor Organization participates in the
Institutional Roundtable and examines studies regarding TIP.
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.


3. (U) The POC for Post is Sterling D. Tilley, Jr. His
contact information is as follows: 595-21-213-715 (voice),
595-21-214-479 (fax),or tilleysd@state.gov (e-mail). The
POC conducted 18 hours of meetings, writing, and editing.

CASON