Peru: 2007 Anti-Trafficking in Persons Report

UNCLAS LIMA 000689

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: 2007 Anti-Trafficking in Persons Report

REF: A) 06 STATE 202745 B) 06 LIMA 4554 C) LIMA 0313

D) 06 LIMA 0826


1. (SBU) SUMMARY: The Peruvian Government demonstrated a
strong commitment to comply with basic TIP standards by
making significant efforts in the areas of prevention,
prosecution, and protection. Its achievements include:

-- One person was sentenced to 10 years in prison for
trafficking in persons for commercial sexual exploitations.
Thirteen more cases remain before the Peruvian courts.

-- The new Garcia administration passed a comprehensive
TIP law on January 17, 2007--within six months of taking
office. The law clearly defines TIP in accordance with
what Post believes fulfills the U.S. and UN definitions of
TIP as stated in Ref A.

-- The Public Ministry, with the assistance of an NGO,
trained 1389 law enforcement and social service
professionals in 13 cities on TIP laws and enforcement
procedures.

-- The Women's Ministry conducted all-day, TIP-awareness
workshops for 1055 municipal officials and 1000 community
leaders in 7 regions.

-- The new TIP law significantly strengthens victim and
witness protection and calls for victim treatment and
rehabilitation services by requiring ministries to budget
for the provision of these services.

-- The GOP's Multisectoral Committee (MSC),assisted by
the IOM, wrote a draft national law enforcement strategy
that is now being revised to reflect the new law.

-- The Ministry of Foreign Affairs shows anti-TIP videos
to passport applicants and disseminates videos and related
information to embassies/consulates worldwide.

-- The Interior Ministry is operating a toll-free TIP
hotline and referring cases to police since March 2006.

-- Peru signed a bilateral agreement with Chile to halt
TIP across their borders.

-- The Peruvian National Police (PNP) implemented a
computerized case-tracking system for TIP crimes. The
Minister of Interior took the somewhat unusual step of
issuing a ministerial resolution that requires that all law
enforcement personnel enter TIP cases into the system.

-- The Ministry of Tourism is running a campaign to have
hotels sign a "code of conduct" against child-sex tourism,
focusing initially in seven major tourist regions.

END SUMMARY


2. (SBU) Following is a checklist of answers to Ref A,
Para 27, (Overview):


A. Peru is not a country of origin for "significant"
international trafficking in persons. 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., Spain, Japan, and Italy.
According to the limited information gathered so far by the
GOP and local NGOs, Peru is not a country of transit or
destination for trafficking in persons. Internal
trafficking is, by far, the greater problem.

The magnitude of the TIP problem remains difficult to
quantify. The illegal, semi-clandestine nature of the
trafficking--especially the commercial sexual exploitation
of minors (CSEM)--as well as the lack of a standardized
system for tracking the crimes and the mobility of the
population make gathering data problematic. Studies done
by NGOs and international organizations (IOM, ILO, and
UNODC) from 2004 through 2006 have been more qualitative in
character and focused on urban areas where TIP is more
visible, e.g., in the streets, bars, and discotheques. The
reliability of the data should be considered good within
the limited parameters of the studies themselves, i.e.,
personal interviews of prostitutes, social workers, and key
informants in urban areas.

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 has
received 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 Sendero
Luminoso (SL) use the labor of children to grow food crops
and coca for them. Narcotraffickers routinely violate the
rights of children in their efforts to produce cocaine. In
August 2004, the National Commission for Development and
Life without Drugs estimated that 5,000 children were
employed in the illegal narcotics industry. NGOs have
photos showing children stomping on coca leaves in shallow
pits filled with kerosene and other chemicals, the first
step in making cocaine.

Using information gleaned from NGO studies and key
informant interviews, the Ministry for Women and Social
Development (MIMDES) estimates that 9,600 children and
adolescents are victims of CSEM nationwide (8 percent of an
estimated 120,000 sexual workers). In metropolitan Lima,
the NGO Via Libre estimates that 5,000 minors are victims
of CSEM; 80 percent of the victims are female and 60
percent are between the ages of 15 and 17. The Via Libre
figures do not include victims living in the extremely poor
urban areas that encircle Lima, which would likely raise
the figures substantially.

NGOs and international organizations maintain that
significant domestic trafficking occurs, particularly
underage women from the poorest and least developed regions
east of the Andes--the Amazonian jungle and the mountains--
into the major cities or into mining areas to work as
prostitutes or domestic servants. Data gathered by NGOs
indicate that trafficking takes place through informal
networks that could involve acquaintances, extended family
members, and even the parents of the underage victims.

There are as yet no comprehensive official GOP figures
on the extent or magnitude of the TIP problem. One
important step toward rectifying this lack of data was the
inauguration in December 2006 of a computerized case-
tracking system for identifying and prosecuting TIP crimes
(in Spanish it is called "Registro de Estadistica de
Delitos de Trata de Personas y Afines"--RETA). Minister of
the Interior Pilar Mazzetti presided over the ceremony, and
took advantage of the media coverage to express her strong
support for anti-TIP efforts.

On February 28, 2007, the Minister Mazzetti took the
somewhat unusual step of issuing Ministerial Resolution (RM
129-2007-IN/0105) setting forth the procedures that will be
followed in reporting TIP crimes with RETA. This
resolution makes RETA an official and required part of
police procedures. It requires that all law enforcement
personnel must consider whether a case involves TIP and, if
so, must use the system to register the case. The PNP and
other law enforcement officials are also required to train
personnel in its operation, maintain the system, and report
the data to the MSC.

RETA was developed by the NGO Capital Humano y Social
- Alternativo (CHS-A) with a FY 2004 G/TIP grant. CHS-A,
with the full cooperation of the Peruvian National Police
(PNP),has trained 505 policemen in the cities of Lima,
Chiclayo, Ayacucho, Ica, Pucallpa, Cusco, Puno, and
Juliaca. By the end of the USAID grant in June 2007, CHS-A
will train another 101 policemen to use RETA in the cities
of Huanuco and Huancayo. The police who are receiving the
training are responsible for investigating crimes either at
the local level in police stations or at the national level
in specialized units, notably in the TIP Investigations
Unit. The NGO is also training 90 teachers in the PNP
Academies in Lima, Puno, Cusco, and Huancayo.


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 (see Ref C and Para 4, Section A
below). The Multisectoral Committee (MSC) for TIP, a
permanent, ministerial-level group created in March 2004,
continues to function. In December 2006, it issued its
second year-end review of the activities of Peru's MSC.
The 100-page report provides an overview of Peru's efforts
to combat TIP.

NGO and international organization studies currently
provide the bulk of the information available on
trafficking patterns and method. In a February 2005 report
by the ILO and subsequent 2006 surveys by the IOM and local
NGOs, a profile of trafficking victims in Peru (the data is
most focused on CSEM) has emerged: 1) the populations most
vulnerable to TIP are children ages 8-17 and young women
from rural areas or the poor urban areas on the periphery
of major cities; 2) persons living in poverty (48 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 garner sympathy for women beggars and the
older children are forced to beg on 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. Victims are recruited through newspaper ads
offering work. Notices posted on the street and in the
markets are also used, especially in the poor areas. In a
February 2007 study by the ILO, 69 percent of the victims
of CSEM were recruited by friends or by people who
befriended them on the street. Local employment agencies
also play a role in recruiting trafficking victims, mostly
poor young women from rural areas. The agencies offer the
girls relatively well paid "restaurant work" in cities like
Lima and Cusco, and, in some cases, in foreign countries.
Boys are also trafficked to work in artisanal gold mining
and illegal logging operations.

Traffickers usually transport their victims by road.
A smaller percentage are moved by air or river transport.
Again, NGOs 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.


C. The limitations on the GOP to address this 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, and there is no evidence that it affects TIP 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
NGOs and international organizations. 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).


D. The government began systematically monitoring its
anti-trafficking efforts when it established a permanent,
ministerial-level Multisectoral Committee (MSC) for TIP in
March 2004. In December 2006, Peru issued its second year-
end review of the activities of the MSC against trafficking
in persons. The MSC's report, which covers 100 pages, is a
fully indexed, Spanish-language document that reviews the
GOP's efforts to fight TIP. The report points out the need
for greater budgetary resources to fight TP, lists its
achievements, describes 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. All TIP initiatives and
assessments are undertaken in a fully transparent manner
and are reported to the ILO, IOM, UNICEF, and UNODC.


3. (SBU) Following is a checklist of answers to Ref A,
Para 28, (Prevention):


A. Yes, the GOP recognizes that trafficking is a problem
in Peru.


B. The permanent, ministerial-level Multi-Sectoral
Committee (MSC),established in March 2004, has the lead in
tracking and coordinating government anti-TIP efforts. The
MSC is chaired by the Director of the Office of Human
Rights in the Ministry of the Interior and includes
representatives from 11 government ministries and agencies,
4 national NGOs, and 3 international organizations (ILO,
IOM, and UNICEF).


C. With funding from the IOM, the GOP started an anti-TIP
toll-free hotline located in the Ministry of Interior in
March 2006. The MSC and the IOM organized an awareness
campaign drawing attention to TIP, promoting the hotline,
and encouraging people to report TIP crimes. The Ricky
Martin Foundation provided materials and publicity for the
awareness campaign and the Interamerican Development Bank
provided the financing. As Post reported in Ref B, the TIP
hotline has received up to one thousand calls per month.
Since the hotline started in March 2006, the hotline has
received an average of 700 nuisance calls per month. Of
the remaining 300 TIP-related calls, 80 percent were
seeking more information on TIP. On average, two calls per
month have been classified as TIP cases requiring action.
These calls were passed to the police for investigation
(post has no information whether any resulted in arrests on
TIP charges). The hotline staff is located in the Office
of Human Rights in the Ministry of Interior. The Ministry
created a ground-breaking protocol for the hotline where
the PNP and the Office of Human Rights have agreed to
truncate significantly the usual bureaucratic procedures to
allow hotline tips to be passed quickly to a police station
nearest the complainant.

As part of the "The Government and Society against
Violence" project funded by Belgium, MIMDES is working 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. The NGO
Action for the Children used its G/TIP grant to train
police officers and other officials to identify and prevent
TIP crimes as well as to understand the applicable laws.
The scope of the awareness campaign was such that in Lima,
Callao, Ica, Ancash, Cerro de Pasco, Huanuco, and Ayacucho:

-- 1055 Heads of municipal Offices for the Protection of
Children and Adolescents received TIP awareness training.

-- 126 teenage victims of TIP from 7 municipalities in
greater Lima received health assistance and psychological
counseling through the municipal Offices for the Protection
of Children and Adolescents.

-- 1000 community leaders attended all-day workshops on
how to incorporate TIP information into their daily
interactions with the community.

-- 732 school directors, education specialists, and
teachers learned how to prevent TIP, report it, and handle
the victims.

Since 2005, the Ministry of Exterior Commerce and
Tourism (MINCETUR) is implementing a communications
campaign directed at national and international tourists
who engage in the sexual exploitation of minors. The
campaign, "Prevention of Sexual Exploitation of Children
and Adolescents by Tourists," is funded by UNICEF and Save
the Children. Already 4,000 tourist agency personnel have
received awareness training on TIP laws and prevention
nationwide. The training will continue with a focus on the
Departments of Cusco, Iquitos, Lima, Tacna, Ayacucho,
Moquegua, and Madre de Dios with the goal of creating a
network of tourist professionals working against child-sex
tourism. MINCETUR is also distributing printed material
and information on CDs. Videos are shown on domestic
flights--and will soon be shown on inter-city and tourist
buses within Peru--to educate people about the laws against
CSEM and sexual tourism. MINCETUR developed a code of
conduct regarding CSEM for the tourist industry and will
promote its adoption in hotels nationwide, starting in
March 2007.

The Women's Ministry (MIMDES) developed a project with
UNICEF to 1) strengthen the PNP's TIP Unit, 2) determine
the routes used by traffickers, and 3) train local police
and immigration officials in recognizing TIP. The project,
which is being financed by Belgium, has started in the
departments of Loreto, Madre de Dios, Cusco, and Lima where
CSEM is the worst.

The GOP Ministry of Foreign Affairs (MFA) produced two
videos 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. The MFA now
offers an annual training session for consular officials on
the issues of TIP and illegal migration.


D. The Ministry of Education (MED) is incorporating
information about TIP into its human rights campaign
entitled "I Have the Right to Good Treatment," and into its
tutoring program. The MED is also working with the NGO
"Instituto de Estudio de la Familia y la Infancia (IDEIF)
to train hundreds of teachers and parents (mostly mothers)
about TIP and the threat of CSEM in high TIP-risk areas in
Peru.


E. Government officials, NGOs, and other relevant
organizations have consistently demonstrated a cooperative,
collegial, working relationship. The MSC includes
representatives from four NGOs, but other NGOs have been
invited as observers. The NGOs are generally pleased with
the cooperation and inclusiveness that the MSC has
exhibited.


F. The GOP claims that TIP is part of its immigration and
emigration monitoring (as noted above, MIMDES has a
training project aimed at immigration officers). All cases
handled by prosecutors and the courts are reviewed for
indications of TIP. With the passage of the new TIP law in
January 2007, this scrutiny should increase. The GOP
signed a bilateral cooperation agreement with Chile on
March 15, 2005, to halt the trafficking of children and
adolescents across their common border (many Peruvians work
as domestics in Chile). No cases have been reported so far.


G. The GOP established a permanent, ministerial-level
Multisectoral Committee (MSC) for TIP in March 2004 with
the responsibility for coordination and communication
between various internal, international, and multilateral
entities on TIP matters. The MSC consists of 11
ministries, 4 national NGOs, and 3 international
organizations. Other government agencies, international
organizations, and NGOs can attend as
observers/participants. In June 2006, the Ministry of
Justice prepared a National Development Plan against
Corruption to cover the period 2006-2011 in the final
months of the Toledo Administration. The Garcia
Administration, which assumed office on July 28, 2006, is
reviewing the 240-page plan prior to implementing it.


H. Peru does not yet have an approved national plan of
action on TIP. The MSC, in close coordination with the
IOM, has produced a draft plan. A subcommittee was formed
to finalize the draft and obtain approval for a "National
Plan of Action against Trafficking in Persons, 2007-2011.
The subcommittee consists of the representatives from the
Ministry of Interior, the Public Ministry, two NGOs, and
the IOM.


4. (SBU) Following is a checklist of answers to Ref A,
Para 29, (Investigation and Prosecution of Traffickers):


A. The new Garcia administration demonstrated its strong
commitment to combating Trafficking in Persons (TIP) by
passing a comprehensive law on TIP within six months of
taking office. The GOP's Multisectoral Committee (MSC) for
TIP marshaled the active support of five ministers to lobby
Congress. The Peruvian Congress passed Law 28950 on
January 12, 2007 that adequately defines TIP, strengthens
sentencing guidelines, and provides protection for TIP
victims and witnesses (Ref C). 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, which Peru ratified on
December 25, 2003 (Palermo Protocol). Post also believes
that the law fulfills the U.S. and UN definitions of TIP as
stated in Ref A. This legislation will also enable the
development of a functioning system for victim and witness
protection. The Congress mandated that the law's
regulations be written within 30 days, without which
enforcement is not possible. The MSC recognizes that this
timeframe is not realistic; nonetheless, it has met several
times already and is planning a series of all-day
interagency workshops to start drafting the regulations.
Among other things, the new law raises the minimum sentence
to 25 years for some crimes; it mandates the creation of
bilateral and multilateral agreements on prosecuting and
extraditing traffickers; it allows evidence obtained by
undercover police, electronic surveillance, or other
surreptitious means; and it requires treatment of victims
and the payment of reparations.

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.

Taken as a whole, the TIP laws in Peru now adequately
cover the full scope of TIP. A series of laws in the
criminal code address various aspects of TIP. The Peruvian
Constitution (Article 2, Clause 24) establishes that "all
people have rights" and specifically prohibits slavery,
servitude, and trafficking in human beings in all its
forms.

The TIP-related laws in the Peruvian Penal Code are
listed below (translations of legal terms are unofficial):

Sexual Exploitation
Article 170: Rape
Article 173: Rape of a minor under 14 years of age
Articles 176, and 176-A: Acts of Public Indecency
with Minors
Article 179: Promoting Prostitution of Minors
Article 179-A: Clients of Underage Prostitutes
Article 180: Sexually Exploiting a Minor between 14
and 18 years of Age for Profit
Article 181: Pimping of Minors
Article 181-A: Child-Sex Tourism
Article 182: Trafficking in Persons for the Purposes
of Sexual Exploitation--Domestic and
International.
Article 183 and 183-A: Child Pornography

Labor Exploitation
Articles 50, 51, 53: Prohibitions against Child Labor
Article 128: Forced Labor in Dangerous Working
Conditions
Article 129: Forced Labor Resulting in Serious Injury
or Death
Article 153: Trafficking of Minors
Article 153-A: Aggravated Trafficking of Minors
Article 168: Forced Labor

TIP Law 28950 allows for civil penalties against TIP
crimes that include forfeiture laws and seizure of
property.


B. The trafficking statutes in Article 153 provide
penalties from 8 to 15 years imprisonment. In Article
153A, the penalty is 12 to 20 years for an aggravated form
of trafficking that is defined as involving one of the
following five factors:

-- If the victim is between 14 and 18 years of age.
-- If the trafficker uses violence, threats or other
forms of coercion.
-- If the trafficker has a position of authority,
either directly or indirectly, over the victim; or if the
trafficker has a family relationship with the victim,
biologically or by adoption.
-- If the trafficker is acting as a member of criminal
organization or gang.
-- If the victim is delivered to a pimp.

The penalty is no less than 25 years in prison if one
of the following three factors is involved:

-- If the victim dies, is seriously wounded, or that
puts the victim in a life-threatening situation.
-- If the victim is under age 14 or has a temporary or
permanent physical or mental handicap.
-- If the trafficker is part of a criminal
organization.

The traffickers or promoters of sexual tourism
exploiting victims between 14 and 18 years will be
sentenced to 2 to 6 years in prison. If the victim is
under 14, the penalty is 6 to 8 years. In the case of
government officials or a person who has been given
responsibility for a victim, e.g., teacher, relative, or
guardian, the penalty will be 8 to 10 years in prison.


C. 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.
The Peruvian Constitution prohibits forced or
compulsory labor, including labor by children. The legal
working age is 14 years. Labor inspectors attempt to
control this problem, but have difficulties doing so in a
large, informal economy. For additional information on
labor trafficking, see Para 3, Section F.


D. The penalties for rape or forcible sexual assault of
adults range from 6 to 8 years in prison (Law 28704). In
the case of minors (less than 18 years),the penalties are:

-- If the victim is less than 10 years of age, the
penalty is life in prison.
-- If the victim is 10 to 14 years, the penalty is 30-
35 years in prison.
-- If the victim is 14 to 18 years, the penalty in 20-
25 years in prison

Penalties for Penalties for
Trafficking for Commercial Rape or Forcible
Sexual Exploitation Sexual Assault
-------------- --------------
Adults 8-15 yrs 6-8 yrs
Children - Ages
Less than 10 8-15 yrs Life
10 to 14 8-15 yrs 30-35 yrs
14 to 18 8-15 yrs 20-25 yrs
Aggravated
Adults 12-25 yrs N/A
Children - Ages
0 to 10 12-25 yrs N/A
10 to 14 12-25 yrs N/A
14 to 18 12-25 yrs N/A


E. Prostitution is legal for women over 18 years of age if
they register with municipal authorities and carry a
sanitary certification. Brothels are also licensed. In
practice, the vast majority of prostitutes work in the
informal sector where they lack health protection.
Unlicensed prostitutes and brothels are common. The
activities of pimps, owner/operators of brothels,
enforcers, clients of underage prostitutes, and child
sexual tourism are criminalized. The pervasiveness of
these activities and the paucity of police data suggest
that law enforcement is weak.


F. The PNP Investigative Directorate and its unit on TIP
crimes reported three cases in 2005, nine cases in 2006,
and two cases so far in 2007. All but one of the 2006
cases remain before Peruvian courts, i.e., 13 cases.

On December 27, 2006, a Peruvian court sentenced Edwin
Alberto SANCHEZ Aguilar (27),alias "Cafu" or "Cueto," for
the crime of "trafficking in persons with the intent of
sexual exploitation" according to Article 182 of the Penal
Code. Sanchez was sentenced to 10 years in prison and will
be required to pay each of his three female victims USD
1,565 (5,000 Nuevos Soles) (Ref C).

Sanchez was detained in February 2006 by the PNP's TIP
Investigation Unit. He is charged with befriending young
women in malls and using physical force, verbal threats,
and possession of a firearm to coerce the women to work in
brothels in Lima and four other cities. He imprisoned the
women and transported them between the cities. It is
important to note that this case moved more quickly than
normal through the judicial system--less than a year when
the norm is 3 years. MIMDES and the MSC expended
significant effort to expedite this case while the three
victims stayed a MIMDES shelter for abused women. The
rapid conviction in this case illustrates GOP commitment to
combating TIP.

No one has yet been tried under the new TIP Law 28950.
Despite recent 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.
Although only one person was brought to trial,
convicted, or sentenced in 2006, 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. (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 PNP continues to raid brothels, bars, hostels, and
discotheques, etc. in search of sexually exploited minors.
In 2004, the police conducted 2636 raids, 2822 in 2005, and
2776 in the first three quarters of 2006. So far in 2006,
about 380 minors were found during the raids (273 possible
victims of sexual exploitation),135 pimps, and 490 clients
with minors. These figures are difficult to interpret
because it is not clear how policemen in the field classify
the people involved or who is finally charged with a crime.
If the people were arrested and charged, it was not for
CSEM under the law (28251) current at the time. These
issues are discussed in more detail in Post's 2006 report
(Ref D). The recently installed RETA system should solve
many of the problems with incomplete data (for more on
RETA, see Para 2, Section A).

The GOP has been moving against child labor, a
phenomenon that overlaps with TIP. It established the
Multisectoral Committee on Preventing and Eradicating Child
Labor (CPETI) on August 22, 2003 to eradicate child labor
within 10 years. The committee includes 13 ministries and
representatives from the regional governors and
municipalities. International organizations like the ILO,
PAHO, and UNICEF are also members. The Labor Ministry
chairs CPETI.

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. The law's provisions are
violated routinely in the informal sector. 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.

In certain sectors of the economy, higher minimum ages
are in force: age 15 in industrial, commercial, or mining
work and age 16 in the fishing industry. The law prohibits
children from engaging in certain types of employment, such
as work underground, work that involves the lifting and
carrying of heavy weights, work where the child is
responsible for the safety of others, work at night, or any
work that jeopardizes the health of children and
adolescents, puts at risk their physical, mental, and
emotional development, or prevents their regular attendance
at school.

Forms of child labor vary. In rural areas, many
children work on small farms with their parents, in
artisanal mining, or are sent to cities to work as
domestics. In urban settings, children often work on the
streets, performing, selling candy, begging, or shining
shoes; or as scavengers in municipal dumps.

On May 12, 2006, the International Labor Organization
(ILO) reported that nearly 33,000 persons are involved in
forced labor in the Amazonia provinces of Ucayali and Madre
de Dios, primarily in the logging industry. In 2004, the
GOP reported on child labor conditions in Puno, where
approximately 240,000 children were engaged in the mining
and artisanal industries.

The Ministry of Labor's (MOL) Office of Labor
Protection for Minors (PMT) issues permits authorizing
children to work. Parents or legal guardians must apply
for the permit, and employers cannot hire a minor without
one. Each permit requires an on-site inspection to ensure
compliance with Peruvian labor law. The PMT is still
completing visits to the over 1,300 sites issued permits in

2005.

On November 1, 2006 the U.S. Department of Labor (DOL)
began, with the cooperation of the GOP, a five-year, $5
million project to reduce child labor in Lima, Callao,
Trujillo, and Iquitos. The program helps at-risk children
ages 11 to 15 to stay in school and assists children who
are already working to return to school. More than 5,000
children are expected to benefit from the program. The
Department of Labor is also working with the GOP to
implement a national child labor survey to document the
incidence and nature of child labor nationally. The
project is expected to begin in the first quarter of 2007.

The GOP has defined brick-making as a sector relying
on child labor. In 2006, MIMDES and CESIP, a Peruvian NGO,
promoted joint development programs in Guachipa, a
municipality near Lima, where thousands of children were
engaged in brick-making. MIMDES and CESIP helped community
leaders organize worker associations and pressure local
governments to extend basic services. CESIP also has
secured private sector money from companies to fund the
construction and improvement of four Guachipa elementary
schools. As a result, several hundred children attend
school instead of working.

In mid-2005, the MOL completed the National Action
Plan for Child Labor. In June 2006, a third revision of
the plan was released to the public. The plan contains
reports on progress achieved in combating child labor and
details objectives in meeting the overall goal of
eradicating child labor. According to the MOL, the rate of
children entering the workforce has slowed: from 1996 to
2001, the percentage of children holding jobs increased by
13 percent. From 2001 to 2006, the increase was 3 percent.

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 236 labor inspectors.


G. 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 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.
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 DIRINCRI. The disarray
continues because the investigation divisions in the 11
districts outside of Lima do not communicate with each
other. The expansion of RETA (computerized case-tracking
system) will allow the TIP Investigations Unit to handle
more cases (for more info on RETA, see Para 2, section A).
Part of the communications problem is a lack of technology,
but it is also structural--something not easily or quickly
solved.
Law 28950, when implemented, gives the PNP the
authority to use undercover agents, surveillance, paid
informers, wiretapping, money laundering investigations,
and access to protected information such as financial
records. Covert operations are authorized. Previously,
there were laws that allowed surveillance and undercover
investigations, but the circumstances in which the police
would use these methods were unknown.


I. The GOP is working closely with NGOs and international
organizations 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. In 2006, the Ministry of
Interior, which includes the police, worked with two NGOs
to 1) establish the RETA case-tracking system and train
police officers in its use and 2) educate and raise the
awareness of police, local government officials, and other
relevant officials. The Public Ministry (loosely analogous
to the U.S. Justice Department) worked with an NGO to train
1389 people in 13 cities on how to recognize TIP and to
apply the law in prosecuting cases. The Ministry for Women
is incorporating TIP education in its ongoing programs for
women and children. The Ministry of Education is
cooperating with an NGO to educate thousands of teachers
and parents on TIP along with its other mandated trainings
(NGO: IDIEF).


J. 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 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. There was
one case of a cooperative international investigation on
TIP. In November 2005, two Peruvian sisters (Dorothy
Tamara, age 13, and Maria Pia MELLIZ Olivos, no age given)
were kidnapped by two Ecuadorian citizens (Jose Luis
ZAMBRANO Velez and another man going by the nickname
"Maico") for sexual exploitation. Peruvian officials
coordinated with Ecuadorian authorities to repatriate the
two victims. Prosecution of the Ecuadorian traffickers is
in the hands of Ecuadorian authorities.


K. A separate part of the Penal Code (Article 2) addresses
extraterritoriality. The law applies to any criminal act,
as defined by Peruvian Law, committed by a Peruvian in a
foreign country. The person would 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. To date, no one has been extradited for TIP
crimes, and no Peruvian has been charged with TIP crimes
committed in another country. The GOP has not reported
receiving any extradition requests related to TIP.

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 PNP created a special anti-fraud group to combat
document and other types of fraud related to TIP and
illegal immigration. This group is authorized to work with
U.S. authorities to dismantle trafficking networks
targeting the U.S.


L. 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.


M. 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.


N. 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 4, Section K. The
GOP has no data on the arrest, prosecution, or extradition
of foreign sex tourists in Peru.


O. The government has signed and ratified the following
instruments:

-- ILO Convention 182 concerning the prohibition and
immediate action for the elimination of the worst forms of
child labor: Peru signed in 1999; it was ratified in 2001
and entered into effect in Peru on January 10, 2003.

-- ILO Convention 29 and 105 on forced or compulsory
labor: Peru signed in 1959 and 1960, respectively. Both
entered into effect in Peru in 1961.

-- The Optional Protocol to the Convention on the
Rights of the Child (CRC) on the sale of children, child
prostitution, and child pornography: Peru signed in 2000
and it was ratified in 2001.

-- The Protocol to Prevent, Suppress and Punish
Trafficking in Persons, especially Women and Children,
supplementing the UN Convention Against Transnational
Organized Crime: Peru signed in 2000, it was ratified in
2001 and then it entered into effect on December 25, 2003.


5. (SBU) Following is a checklist of answers to Ref A,
Para 30, (Protection and Assistance to Victims):


A. Law 28950, the new TIP law that was passed in January
2007 (see Para 4, 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. Until the new law is
implemented, no reliable data will be available on the TIP
victims placed in any of the shelters mentioned above.


B. 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 services to NGOs to conduct TIP
training of government workers. In one case, the Public
Ministry provided conference facilities and paid per diem
and travel expenses for 1389 government officials to
participate in TIP-awareness training funded by a G/TIP
grant in 13 cities.


C. The only referral process for victims occurs when they
end up in a MIMDES shelter. 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 additional
problem that victims encounter in this stage is that
without a national ID card the PNP cannot legally refer the
victim to a shelter. The lack of proper identification
also makes it difficult to establish a database of victims
of trafficking in persons. When police raid brothels and
nightclubs, they are unable to determine which girls are
underage and which are not.

The GOP will have a formal system for identifying TIP
victims when Law 28950 is implemented. The implementing
legislation is now being drafted by the MSC (see Para 4,
Section A for more details). The newly implemented RETA
computerized case-tracking system will also assist in
identifying TIP victims as well as the traffickers (Ref C).


D. 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. Law 28950 mandates that systems and protocols be
created to protect and care for victims. TIP victims are
not detained, treated as criminals, jailed, or deported.
Victims are not fined.


E. 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. 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. 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 Law 28950 addresses 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.


F. 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 receive 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 runs 42 Women's Emergency Centers,
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 a live-in center for
underage TIP victims in Callao, administered by the Sisters
of Adoration. This center has a capacity of 60 adolescent
females and 15 infants of the adolescents.


G. MIMDES and the Public Ministry have both worked closely
with NGOs 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). The
NGO, Action for the Children, provides training to police
officers and to teachers to help them recognize TIP and to
provide resources on where to refer victims. As part of a
G/TIP grant, the NGO OPCION coordinated with the Public
Ministry to train 1389 professionals in 13 cities.

The Ministry of Foreign Affairs (MFA) has a program to
provide assistance to Peruvians who are indigent or require
special care abroad. 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).


H. 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.


I. Post has identified 14 NGOs and international
organizations in Peru that work in some way on TIP-related
issues. The NGOs and international organizations below
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 NGOs. 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 (see Para 2,
Section C).

Below are the 8 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.

-- Save the Children - Sweden: provides training for
all types of GOP officials, focuses on the sexual and labor
exploitation of children and adolescents.

-- 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.

-- 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.

-- 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):
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): 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.

-- OPCION (Corporacion Peruana para la Prevencion de
la Problematica de las Drogas y la Ninez en Alto Riesgo
Social): works with Public Ministry to educate prosecutors
and other government officials about TIP and how to
implement the TIP laws.

Post has identified 6 international NGOs and
organizations in Peru that work in some way on TIP-related
issues. Post has heard no reports from these organizations
about 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 aid agency: 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).

--------------
Nomination of Heroes and Best Practices
--------------

6. (U) The Embassy is not making any nominations for
Heroes.


7. (U) The Embassy is not making any nominations for Best
Practices.

--------------
Point of Contact and Hours of Preparation
--------------

8. (U) Point of Contact is:
-- Michael Trulson, NAS Program Officer; telephone:
(511) 618-2689, Fax (511) 618-2162; email:
trulsonmc@state.gov


9. (U) Hours spent in preparation of this report:
-- NAS Director (FE-OC): 1 hour
-- NAS Deputy Director (FS-1): 1 hour
-- NAS Program Officer (FS-2): 60 hours
-- Political Officer (FS-2): 2 hours
-- USAID Officer (FS-3): 2 hours
-- USAID Program Assistant (LES-9): 12 hours
-- NAS Program Assistant (LES-10): 15 hours

STRUBLE