PARAGUAY: EIGHTH ANNUAL TRAFFICKING IN PERSONS

UNCLAS ASUNCION 000138

SIPDIS

SENSITIVE
SIPDIS

G/TIP, G, INL, DRL, PRM, WHA/PPC, WHA/BSC KBEAMER, STATE
PLEASE PASS TO USAID

E.O. 12958: N/A
TAGS: KCRM PHUM KWMN SMIG KFRD ASEC PREF ELAB PA
SUBJECT: PARAGUAY: EIGHTH ANNUAL TRAFFICKING IN PERSONS
REPORT

REF: STATE 02731


1. (SBU) This cable responds to reftel questions regarding
anti-trafficking in persons efforts in Paraguay.


2. (SBU) Paraguay's activities to eliminate trafficking in
persons (TIP) are as follows:


A. Is Paraguay a country of origin, transit, and destination
for internationally trafficked men, women, or children?

Paraguay is a country of origin and transit for women and
children who are internationally trafficked from Paraguay for
sexual exploitation and forced labor. Paraguay is not an
international destination for internationally trafficked
women and children, although the domestic trafficking of
women and children is common. Few Paraguayan men are
internationally trafficked.

Most trafficking victims transit Paraguay through Asuncion,
Encarnacion, or Ciudad del Este via the Tri-Border Area of
Argentina, Brazil, and Paraguay. The border crossing between
Encarnacion and Posadas, Argentina is also a major
trafficking corridor. Most victims are trafficked to
Argentina and Spain; smaller numbers of victims went to
Brazil, Italy, and Bolivia. Foz do Iguacu, Brazil and Buenos
Aires, Cordoba, Corrientes, Entre Rios, Posadas, and Puerto
Iguazu, Argentina are major trafficking transit points and
destinations.


B. General overview of the trafficking situation in Paraguay
and changes since the last TIP report.

The International Labor Organization (ILO),International
Organization for Migration (IOM),United Nations Children's
Fund (UNICEF),and several NGOs have studied Paraguay's
trafficking situation and published reports related to sexual
exploitation and forced labor in Paraguay. Information
remains scarce on the extent of the problem, particularly
with regard to international trafficking. The government
neither gathers nor publishes statistics related to human
trafficking. However, anecdotal evidence suggests that each
year several hundred women, children, adolescents (mostly
girls),and trans-gendered prostitutes (taxi boys),are
trafficked internationally. The NGO Center for Attention,
Prevention, and Surveillance of Boys, Girls, and Adolescents
(CEAPRA),which operates a children's shelter in Ciudad del
Este, estimated in February 2008 that up to 20 victims are
trafficked each day to Brazil and Argentina via the
Friendship Bridge in the Tri-Border Area. Most victims live
in the rural eastern interior of the country, particularly in
the departments of Alto Parana, Canindeyu, Caaguazu, and
Itapua. Studies show that most victims worked as street
vendors when traffickers targeted them and that 70 percent of
victims had drug addictions.

Initial contact between traffickers and victims is typically
made by women, who ask potential victims whether they would
be interested in working overseas in the retail industry. In
some cases, parents are fully aware that their children plan
to work in other cities or countries but are unaware of the
potentially exploitative conditions. Victims who accept
traffickers' offers are referred to handlers who facilitate
travel and issue false travel documents to them. Once they
arrive at their destination, victims are typically forced to
surrender their travel documents and are unwillingly
subjected to sexual exploitation in brothels or night clubs
or forced into domestic servitude.

Most traffickers work in organized criminal syndicates based
in Argentina and Brazil with operations in Paraguay,
particularly Asuncion, Ciudad del Este, and Encarnacion. The
trafficking of women and children for sexual exploitation is
a high-profit, low-risk activity for traffickers who travel
covertly at non-recognized or unmonitored border crossing
points. Many crime syndicates are also involved in
trafficking narcotics, weapons, and contraband. The
destination of illicit funds is unclear, as is the purpose of
such transfers; however, recent press reports indicate that
over USD one million leaves Paraguay daily as a result of
customs evasion and international trafficking.

Prosecutors are investigating 30 TIP cases on behalf of 71
victims, including 61 women and 10 adolescent girls. The

Public Ministry prosecuted 26 total trafficking cases filed
during 2005-07 on behalf of 66 women, including nine minors.
There were 34 persons in prison on trafficking-related
offenses; 11 of these individuals had been convicted of
trafficking and associated crimes, 23 were charged with these
crimes, and five were in restrictive custody. Others
remained fugitives. The Secretariat of Development for the
Repatriated and Conational Refugees (SEDERREC),the agency
charged with repatriating Paraguayan victims of international
trafficking, has 60 repatriation cases pending. The Women's
Secretariat of the Presidency of the Republic (SMPR) accepted

SIPDIS
12 new cases on behalf of 18 women in 2007. The Children and
Adolescents' Secretariat (SNNA) accepted eight new cases in

2007.


C. Which government agencies are involved in
anti-trafficking efforts and which agency, if any, has the
lead?

The Public Ministry is the lead agency involved in
investigating and prosecuting traffickers. The Attorney
General's office of the Public Ministry has one prosecutor
dedicated full time to prosecuting trafficking cases,
although other prosecutors in Greater Asuncion, Ciudad del
Este, and Encarnacion also investigate TIP cases. The
Foreign Ministry, SEDERREC, SMPR, and SNNA work closely with
the Public Ministry to combat TIP. The Interior Ministry,
which oversees the National Police, and Immigration assist
the Public Ministry with TIP investigations and arrests.

The government coordinates anti-TIP efforts through the
Inter-Institutional Roundtable for the Prevention and Combat
of Trafficking in Persons. The roundtable includes
representatives from the following government agencies:
Foreign Ministry; Public Ministry; Ministry of Education and
Culture; Ministry of Industry and Commerce; SMPR; SNNA;
SEDERREC; National Tourism Secretariat; Social Action
Secretariat; Directorate General of Statistics, Surveys, and

SIPDIS
Censuses; Directorate General of Migration; National Police,
Interpol, and Crime Identification and Investigation; Itaipu
Binational Authority; Public Defender's office; and the
Municipality of Asuncion.

International organizations that participate in the
roundtable include: IOM; ILO; Inter-American Development
Bank (IDB); UNICEF; and United Nations Population Fund
(FNUAP). Representatives from foreign governments, including
the United States, European Union, Spain, Argentina, and
Brazil, also participate in the roundtable as observers.

NGOs that participate in the roundtable include: Amnesty
International Paraguay; Aprevim Paraguay; BASE IS; Business
Bureau of Consultants and Advisors (BECA); Paraguay Human
Rights Coordinator (CODEHUPY); Children and Adolescents'
Rights (CDIA); Women's Forum of Mercosur; Center for Integral
Assistance (CEDAI) Foundation; Arco Iris Foundation;
Paraguayan Foundation of the Catholic Commission of
International Migrations; Marco Aguayo Foundation for the
Fight Against AIDS/HIV; Global Infancia; Grupo Luna Nueva;
Institute of Comparative Social and Penal Science Studies
(INECIP); and Soroptimist International.


D. What are the limitations on the government's ability to
address this problem in practice?

The government's ability to address this problem in practice
is limited by insufficient financial and technical resources.
The government focuses its efforts on prosecuting
traffickers and providing victims' assistance. It devotes
virtually no resources to locating trafficking victims or
screening vulnerable population groups to identify potential
victims. In areas where funding is available, government
agencies involved in fighting TIP have had to make difficult
choices. Many anti-TIP officials do not have computers, and
officials do not have official vehicles in which to transport
victims. The primary TIP prosecutor lacks adequate staff to
manage the 30 pending cases. Victims typically receive
limited government assistance, including follow-up after
repatriation.


E. To what extent does the government systematically monitor
its anti-trafficking efforts?

Although it has made progress in monitoring anti-TIP efforts,


the government's ability to monitor TIP is limited by
resource constraints. The Foreign Ministry publishes an
annual report summarizing its anti-TIP accomplishments and a
list of ongoing TIP projects. In addition, the Public
Ministry, with USG support, launched the first nationwide
Trafficking in Persons database in December 2007 to help
manage trafficking cases. The Foreign Ministry and SNNA
received database access in January 2008; the SMPR and
SEDERREC are scheduled to receive access by mid-2008.


3. (SBU) Paraguay's activities to investigate and prosecute
traffickers are as follows:


A. Does Paraguay have a law specifically prohibiting
trafficking in persons for sexual and non-sexual purposes?

President Nicanor Duarte Frutos approved a new Penal Code
(3440/07) on January 11, 2008. The new Penal Code's
statutes, include its TIP statute, will go into effect on
March 1, 2009, replacing the 1997 Penal Code. Paraguay has
several laws specifically prohibiting trafficking in persons
for sexual and non-sexual purposes, including the 1997 Penal
Code (1160/97),the 2001 Children and Adolescents Law
(1680/01),the 1997 Adoptions Law, and the 2000 Domestic
Violence Law (1600/00). The 2001 Children and Adolescents
Law contains provisions that prosecutors could use against
traffickers, including: Children's rights against
exploitation (article 25),and prohibitions against the use
of children in commercial sexual activities (article 31).
The 1997 Adoptions Law (1035/97) contains provisions that
protect children against violence and exploitation. The 2000
Domestic Violence Law contains provisions to protect women
and children from physical violence and violence associated
with TIP. These will remain in effect once the new Penal
Code goes into effect.

The TIP statute of the 2008 Penal Code contains articles that
punish those guilty of trafficking in persons for sexual and
labor purposes. The code also aligns Paraguayan law with the
international conventions it has ratified, including: 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.

The 1997 Penal Code's TIP statute in effect until February
28, 2009 includes articles on trafficking in person for
sexual purposes (129b) and trafficking in persons with
personal and labor exploitation purposes (129c). The statute
prescribes up to eight years' imprisonment for international
trafficking for the purpose of prostitution, sexual
exploitation, intent to commit personal sexual acts, slavery,
forced servitude, or subjecting victims to inferior working
conditions.


B. What are the prescribed penalties for trafficking people
for sexual exploitation?

The 2008 Penal Code stipulates prison sentences of up to 12
years in cases where the victim is a minor under the age of
18 years of age or subjected to excessive violence. The
statute prescribes eight years' imprisonment for individuals
involved in human trafficking syndicates, regardless of
victims' consent.


C. Punishment of Labor Trafficking Offenses.

The punishment for labor trafficking is identical to
penalties for sexual exploitation under the 1997 and 2008
penal codes.


D. What are the prescribed penalties for rape or forcible
sexual assault?

The 2008 Penal Code prescribes penalties up to ten years'
imprisonment for rape or forcible sexual assault. If the
victim is a minor under the age of 18, the sentences range
from three to 15 years. The penalties for this violation are
similar to maximum trafficking sentences. The 1997 Penal
Code still in effect prescribes up to eight years'
imprisonment for rape or forcible sexual assault.


E. Is prostitution legalized or decriminalized?

Prostitution is legal for those over the age of 18 and is
regulated by local government.


F. Has the government prosecuted any cases against human
trafficking offenders?

The government has convicted 11 offenders of human
trafficking since 2005. Prosecutors are investigating 30 TIP
cases for 61 women and ten children, opening nine new cases
in 2005, 12 in 2006, eight in 2007, and one in the first
quarter of 2008.


G. Does the government provide any specialized training for
government officials in how to recognize, investigate, and
prosecute instances of trafficking?

The government does not provide specialized training for
government officials on how to recognize, investigate, and
prosecute trafficking. Financial assistance from the USG
enabled the Public Ministry to publish and distribute a human
trafficking intervention manual written by its lead TIP
prosecutor in 2006 as a resource for government officials.
Police officers and prosecutors use basic, reactive
investigative techniques; they do not use advanced
investigative techniques such as electronic surveillance and
undercover operations. There are no laws that permit the
police to engage in covert operations to combat TIP.


H. Does the government cooperate with other governments in
the investigation and prosecution of trafficking cases?

The government cooperates with other governments and Interpol
in the investigation and prosecution of trafficking cases.
The Foreign Ministry (including Paraguayan embassies and
consulates),Public Ministry, National Police and SEDERREC
work closely with Argentine, Brazilian, and Spanish
authorities in investigating and prosecuting trafficking
cases and repatriating trafficking victims.


I. Does the government extradite persons who are charged
with trafficking in other countries?

Paraguay has a multi-lateral extradition treaty with Mercosur
countries and bi-lateral extradition treaties with the United
States, Argentina, Canada, Chile, Colombia, Costa Rica,
Ecuador, Peru, Uruguay, and Venezuela. The Penal Code allows
Paraguayans and foreign nationals who are charged with
trafficking in other countries to be extradited. However, no
Paraguayans or foreign nationals have been extradited for TIP
offenses.


J. Is there evidence of government involvement in or
tolerance of trafficking, on a local or institutional level?

There were reports that public officials, including political
figures, border guards, police, prosecutors, judges, or other
officials, participated in, facilitated, or condoned human
trafficking. There were several reports that officials
accepted bribes directly or indirectly to facilitate
trafficking in persons. Prosecutors from the Public Ministry
and the National Police supported the efforts of the SMPR,
SNNA, and SEDERREC to combat trafficking. However,
prosecutors and the police neither investigated nor
prosecuted public officials allegedly involved in trafficking
or removed them because they lacked the resources and
political will to prosecute government officials.


K. If government officials are involved in trafficking, what
steps has the government taken to end such participation?

Despite reports of involvement by government officials in
trafficking, the Public Ministry has not investigated these
allegations. As such, the government has not taken steps to
end such participation.


L. For countries that contribute troops to international
peacekeeping efforts, please indicate whether the government
has vigorously investigated, prosecuted, convicted and
sentenced nationals of the country deployed abroad.

The Paraguayan military has deployed a platoon of 31
peacekeepers to Haiti under MINUSTAH, a squad of 15

peacekeepers to Cyprus, and several officers to Africa. The
military is currently preparing a 136-member unit to conduct
peacekeeping under the United Nations Peace Keeping Operation
Initiative. The military conducted police and military
background checks on all soldiers before allowing them to
join the unit. The Paraguayan government has not had any
incidents of Paraguayans deployed abroad requiring
investigation, prosecution, conviction, or sentencing.


M. If Paraguay has an identified child sex tourism problem,
how many foreign pedophiles has the government prosecuted or
deported/extradited to their country of origin?

There is no identified child sex tourism industry in
Paraguay. However, child sex tourism does occur, and
Paraguay has several locations where foreign pedophiles are
known to frequent such as bus terminals. The government has
not prosecuted, deported, or extradited any foreign
pedophiles.


4. (SBU) Paraguay's activities to protect and assist TIP
victims:


A. Does the government assist foreign trafficking victims?

The government provides limited assistance to foreign
trafficking victims, notably Bolivians trafficked
internationally through Paraguay. However, the government
concentrates its efforts on aiding Paraguayans who are
victims of international trafficking.


B. Does Paraguay have victim care facilities which are
accessible to trafficking victims?

Children, adolescents, and women who are trafficking victims
receive limited medical, psychological, and legal services.
Some victims also receive shelter, meals, and transportation.
Because their resources are limited, the Public Ministry,
Foreign Ministry, SEDERREC, SMPR, and SNNA can only assist up
to 100 trafficking victims at a time and only for a limited
period of time. SEDERREC, SMPR, and SNNA help victims return
to their families; SNNA places some child and adolescent
victims in foster homes. The government does not follow up
with victims once they return to their families.

SMPR, with USG assistance, opened a new shelter in December
2007 for women who are victims of trafficking, the first of
its kind in Paraguay. The shelter can accommodate up to 18
women. Although it does not operate a shelter, the NGO Kuny
Aty provided assistance to women who were trafficking victims
in Asuncion and Villarrica.

SNNA places child and adolescent trafficking victims in
various victim care facilities and foster homes. The NGO
CEAPRA manages a children's shelter directly supported by the
SNNA in Ciudad del Este. The Ministry of Health and Social
Welfare operates three homes for abused children and orphans
in Asuncion. The Paraguayan Network for Human Development
(REPADEH) chaired by First Lady Gloria Penayo operates two
children's homes in Asuncion. In many cities, the Municipal
Council for Children's Rights (CODENI) runs shelters and
assists abused and neglected children. Catholic and other
religious organizations operate children's shelters in
Asuncion, Encarnacion, and Villarrica. NGOs Kuna Aty in
Asuncion and the Integral Attention Service for Adolescents
(SAIA) also assist abused children.


C. Does the government provide funding or other forms of
support to foreign or domestic NGOs and/or international
organizations for services to trafficking victims?

SNNA provides funding and support to CEAPRA. The SMPR
provides some support to Kuna Aty to assist women who are
trafficking victims.


D. Do the government's law enforcement, immigration, and
social services personnel have a formal system of proactively
identifying victims of trafficking among high-risk persons
with whom they come in contact?

The government's law enforcement, immigration, and social
services personnel do not have a formal system of proactively
identifying trafficking victims. Immigration and customs
officials at ports of entry, particularly at land border

crossings, are neither equipped with appropriate tools nor
trained in techniques to identify traffickers or their
victims. Most land-based ports of entry are patrolled by
fewer than four police officers or immigration and customs
officials who frequently allowed traffic to pass through
borders without conducting identification and document
checks. The Paraguayan government relies heavily on
Argentine and Brazilian immigrations and customs officials to
monitor international border crossings, although they too
have been ineffective in identifying and stopping human
traffickers and their victims.


E. Does the government have a mechanism for screening for
trafficking victims among persons involved in the
legal/regulated commercial sex trade?

Local police and municipal authorities in Asuncion, Ciudad
del Este, and Encarnacion screen potential trafficking
victims in the local commercial sex trade. The authorities
refer potential victims to the SMPR, SNNA, or NGOs, including
CEAPRA, for assistance. However, many victims are trafficked
internationally without any prior association with the
commercial sex trade.


G. Does the government encourage victims to assist in the
investigation and prosecution of trafficking?

The government encourages victims to file complaints against
traffickers and assist in the investigation and prosecution
of traffickers. However, many victims avoid the legal
process for fear of potential retaliation by traffickers and
social stigma surrounding their victimization. The TIP
prosecutor noted that she had received no reports of human
trafficking as of January 2008 in Pedro Juan Caballero, a
major transit point for many types of trafficking, and she
noted that this was likely due to victims' fear of reprisal.


H. What kind of protection is the government able to provide
for victims and witnesses?

The government had a limited ability to protect victims and
witnesses. Shelters that accept trafficking victims offer
them limited protection and do not have appropriate security
mechanisms to protect victims from possible retaliation.
Police officers and prosecutors rarely provide personal
protection to victims or witnesses. Victims who return to
their homes -- often to the same community from which they
were trafficked -- receive no further government protection.


I. Does the government provide any specialized training for
government officials in identifying trafficking victims and
in the provision of assistance to trafficked victims?

The government does not provide specialized training for
government officials in identifying trafficking victims.
However, the SMPR conducted several courses for the police,
health care workers, prosecutors, and others in assisting
trafficking victims. The Public Ministry's human trafficking
intervention manual provides written guidance on identifying
and assisting trafficking victims.


J. Does the government provide assistance to its nationals
who are repatriated as victims of trafficking?

SEDERREC repatriates trafficking victims to Paraguay and
provides them with limited legal, medical and psychological
assistance. The agency attempts to place repatriated victims
with their families. When unsuccessful, the agency refers
child and adolescent victims to shelters or foster homes and
women to the new women's shelter for trafficking victims.


K. Which international organizations or NGOs work with
trafficking victims?

Many international organizations and NGOs that participate in
the government's inter-institutional roundtable cooperate
with local authorities to combat TIP and assist trafficking
victims. IOM, which opened an office in Asuncion in November
2007, provides limited support and counseling to trafficking
victims. Kuna Aty assists women who are victims in Asuncion
and Villarrica; the NGO Women's November 25th Collective
assists women in Asuncion. CEAPRA operates a children and
adolescents' shelter in Ciudad del Este. The NGO Grupo Luna
Nueva operated a shelter in Asuncion for child and adolescent

trafficking victims until November 2007, when the SNNA ended
financial support. Grupo Luna Nueva continues to offer
limited victims' assistance to 12 trafficking victims. Kuna
Aty assists children in Asuncion; SAIA in Villarrica.


5. (SBU) Paraguay's activities to prevent TIP:


A. Does the government acknowledge that trafficking is a
problem in Paraguay?

Yes, the government acknowledges that trafficking is a
problem in the country.


B. Are there government-run anti-trafficking information or
education campaigns conducted during the reporting period?

The inter-institutional roundtable frequently conducts
anti-trafficking seminars in Greater Asuncion, Caacupe, and
in Ciudad del Este during the reporting period. The SMPR
sponsors programs focused on supporting education and job
training for women and adolescent girls. The SNNA sponsors
programs to combat child and adolescent labor, including
programs to protect children and adolescents from forced
labor. The government also works with international
organizations such as IOM, ILO, and UNICEF to publish reports
on trafficking and labor abuses in Paraguay. IOM, with USG
funding, conducted a TIP awareness campaign in the Tri-Border
Area in 2006 and 2007 designed to discourage involvement in
the commercial sex industry.


C. What is the relationship between government officials,
NGOs, other relevant organizations and other elements of
civil society on the trafficking issue?

Government officials, particularly those involved in the
inter-institutional roundtable, generally have a cordial
relationship with anti-TIP international organizations and
NGOs. The government provides limited support to NGOs and
other organizations, most notably CEAPRA and Kuna Aty; it
generally does not obstruct non-governmental efforts to
combat TIP. The government also provides information to NGOs
such as Global Infancia and the Center for the Study of
Children and Adolescents (CENIJU) to help them research and
advocate TIP issues.

International organizations such as the IDB provide financial
support to the inter-institutional roundtable for its
anti-TIP efforts. The IOM and ILO assist the government in
researching and analyzing sexual exploitation and forced
labor in Paraguay.


D. Does the government monitor immigration and emigration
patterns for evidence of trafficking?

No. Refer to response in 4.D.


E. Is there a mechanism for coordination and communication
between various agencies, internal, international, and
multilateral on trafficking-related matters?

The government coordinates its efforts to combat trafficking
in persons through its inter-institutional roundtable (refer
to response in 2.C). The roundtable meets monthly in
Asuncion to coordinate TIP efforts. The roundtable's
influence outside Asuncion is limited by its ability to
coordinate with field offices around the country.


F. Does the government have a national plan of action to
address trafficking in persons?

SNNA has a national plan to address trafficking in children
through the National Commission for the Prevention and
Eradication of Childhood Labor and the Protection of
Adolescent Labor (CONAETI). SMPR also has a national plan to
address women's issues. However, no comprehensive national
plan exists to address TIP. The Foreign Ministry publishes
an annual compendium that includes the laws, legal codes,
decrees, and resolutions related to TIP that serves as a
guideline for the inter-institutional roundtable.


G. What measures has the government taken during the
reporting period to reduce the demand for commercial sex acts?

The government did not take noticeable measures to reduce

demand for commercial sex acts. Instead, the government
focused its attention on victim's assistance and prosecuting
traffickers. The IOM's 2006-07 trafficking in persons
awareness campaign in the Tri-Border Area encouraged
potential victims to avoid engaging in commercial sex acts.


6. (U) TIP Hero. Post recommends the Center for Attention,
Prevention, and Surveillance of Boys, Girls, and Adolescents
(CEAPRA) in Ciudad del Este be recognized as a TIP Hero.
CEAPRA, which operates a shelter for adolescents who are
victims of human trafficking and abuse, has worked closely
with the government's Children and Adolescents' Secretariat
(SNNA) for many years to assist victims in Ciudad del Este.
Ciudad del Este is major trafficking corridor for victims who
are trafficked internationally, and those who combat TIP in
the area face the potential threat of personal violence by
traffickers. CEAPRA receives funding from the SNNA and the
Itaipu Binational Authority. CEAPRA has assisted many
trafficking victims locally and worked with the SNNA to
return victims to their families while operating in a hostile
environment under the influence of human traffickers.


7. (U) The POC for Post is Political Officer Michael
Edwards. His contact information is as follows:
595-21-213-715 (voice),595-21-214-479 (fax),or
edwardsmg@state.gov (e-mail). The POC conducted 60 hours of
meetings, writing, and editing. The Regional Legal Advisor's
assistant spent five hours assisting the POC with this
report. The deputy chief of mission and political counselor
each spent three hours reviewing this report.

Please visit us at http://www.state.sgov.gov/p/wha/asuncion

CASON