Identifier
Created
Classification
Origin
09ASUNCION147
2009-03-09 20:01:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Asuncion
Cable title:  

PARAGUAY: NINTH ANNUAL TRAFFICKING IN PERSONS

Tags:  KTIP KCRM PHUM KWMN SMIG KFRD ASEC PREF ELAB 
pdf how-to read a cable
VZCZCXYZ0000
OO RUEHWEB

DE RUEHAC #0147/01 0682001
ZNR UUUUU ZZH
O 092001Z MAR 09
FM AMEMBASSY ASUNCION
TO RUEHC/SECSTATE WASHDC IMMEDIATE 7654
INFO RUCNMER/MERCOSUR COLLECTIVE PRIORITY
RUEHSG/AMEMBASSY SANTIAGO PRIORITY 3258
RUEAHLC/HOMELAND SECURITY CENTER WASHDC PRIORITY
RUEHC/DEPT OF LABOR WASHDC PRIORITY
RUEATRS/DEPT OF TREASURY WASHDC PRIORITY
RUEAWJB/DEPT OF JUSTICE WASHDC PRIORITY
UNCLAS ASUNCION 000147 

SENSITIVE
SIPDIS

STATE FOR G-TIP, G-ACBLANK, INL, PRM, WHA/PPC AND WHA/BSC
MDASCHBACH, AND USAID

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

REF: 07 STATE 132759

UNCLAS ASUNCION 000147

SENSITIVE
SIPDIS

STATE FOR G-TIP, G-ACBLANK, INL, PRM, WHA/PPC AND WHA/BSC
MDASCHBACH, AND USAID

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

REF: 07 STATE 132759


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


2. (SBU) THE COUNTRY'S TIP SITUATION


A. What are the sources of available information on
trafficking in persons? What plans are in place (if any) to
undertake further documentation of human trafficking? How
reliable are these sources?

Members of the government's Inter-Institutional Roundtable
for the Prevention and Combat of Trafficking in Persons
(hereafter referred to as the "Roundtable," including the
Foreign Ministry, Public Ministry, Women's Secretariat
(SMRP),Children's and Adolescents' Secretariat (SNNA),and
Development Secretariat for the Repatriated and Co-National
Refugees (SEDERREC),publish limited information on
trafficking in persons, particularly on trafficking cases.
The Roundtable publishes an annual compendium of its
anti-trafficking efforts but does not provide further
documentation.

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
published by these organizations offers a general overview of
Paraguay's trafficking problem but few statistics.
Information on trafficking in Paraguay is generally reliable
but imprecise.


B. Is Paraguay a country of origin, transit, and/or
destination for internationally trafficked men, women, or
children? Does trafficking occur within its borders? If so,
does internal trafficking occur in territory outside of the
government's control? To where are people trafficked? For
what purposes are they trafficked? Provide, where possible,
numbers or estimates for each group of trafficking victims.
Have there been any changes in the TIP situation since the

last TIP Report?

Paraguay is a country of origin and transit for women and
children who are internationally trafficked for sexual
exploitation. It is also a country of origin and transit for
men, women and children who are internationally trafficked
for purposes of domestic servitude and manual labor.
Paraguay is not an international destination for
internationally trafficked women and children, although the
domestic trafficking of women and children for sexual
exploitation and forced labor also occurs. In one case
opened in 2008 and currently under investigation, a
Brazilian-Korean trafficking syndicate forced two Paraguayan
women into arranged marriages with Korean men.

Trafficking occurs within Paraguay's borders in territory
controlled by the government. Most victims are trafficked to
Argentina (50 percent) and Spain (25 percent); smaller
numbers of victims went to Brazil, Chile, Italy, and Bolivia.
Foz do Iguacu, Brazil and Argentine cities Buenos Aires,
Cordoba, Corrientes, Entre Rios, Posadas, and Puerto Iguazu
are major transit points and destinations for Paraguayan
trafficking victims. Most trafficking victims depart
Paraguay via border crossings near Ciudad del Este, Asuncion,
and Encarnacion. This year prosecutors opened new cases
investigating allegations that victims are being trafficked
from Paraguay to Argentina via vessels navigating Paraguay's
river system, and to Puerto Montt and Iquique, Chile via the
border crossing at Pozo Hondo.

Anecdotal evidence suggests that each year several thousand
women, children, adolescents, and trans-gendered prostitutes
(taxi boys) are trafficked internationally. An estimated 80
percent of victims are young women and adolescent girls.
Most traffickers remain free and operate with impunity. 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 2008 that
up to 20 victims were trafficked each day to Brazil and

Argentina via the Friendship Bridge in Ciudad del Este. The
Public Ministry estimated in February that up to ten victims
are trafficked by river to Argentina with each voyage.

With the discovery of new trafficking routes and
destinations, the Paraguayan government is more cognizant of
its trafficking in persons problem. However, in general the
TIP situation in Paraguay has not changed since the last
report.


C. What kind of conditions are the victims trafficked into?

Once victims arrive at their destination, they are typically
forced to surrender their travel documents and are subjected
to a severe beating that serves as a warning of what will
come if they attempt to flee. Afterward, they are sexually
exploited in brothels or night clubs, or forced into domestic
servitude in sweatshops or private residences.


D. Vulnerability to TIP: Are certain groups of persons more
at risk of being trafficked?

Paraguayan women, adolescent girls, and children are most at
risk of being trafficked. Most victims live in the rural
eastern interior of the country, particularly in the
departments of Alto Parana, Canindeyu, Caaguazu, and Itapua.
Many street children are also trafficking victims. Studies
show that most victims worked as street vendors when
traffickers targeted them and that 70 percent of victims had
drug addictions.


E. Traffickers and Their Methods: Who are the traffickers /
exploiters? What methods are used to approach victims? What
methods are used to move the victims? Are employment,
travel, and tourism agencies or marriage brokers involved
with or fronting for traffickers or crime groups to traffic
individuals?

Most traffickers are Paraguayan, Brazilian, and Argentine.
Many work in large, organized criminal syndicates based in
Argentina and Brazil with local contacts operating
nationwide, particularly in Asuncion, Ciudad del Este, and
Encarnacion.

Traffickers include relatives or acquaintances of victims who
are paid by syndicates to refer victims. They typically make
initial contact by offering false promises of educational
opportunities and employment, including work in the service
industry or as models.

In some cases, parents are aware that their children plan to
work in other cities or countries, but are unaware of the
potentially exploitative conditions they will encounter.
Some parents believe they are helping their children by
giving them new opportunities to work and improving their
overall living condition. Other parents sell their children
to traffickers for profit fully knowing the repercussions.

Victims who accept these offers are referred to handlers,
including some who double as travel agents, who facilitate
travel and lodging, and issue false travel documents.
Traffickers then transport victims domestically or
internationally through unrecognized or lightly monitored
border crossings.


3. (SBU) SETTING THE SCENE FOR THE GOVERNMENT'S ANTI-TIP
EFFORTS


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

Yes.


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

The Public Ministry is the lead agency in investigating and
prosecuting traffickers. The Attorney General's office of
the Public Ministry established a Trafficking in Persons Unit
in October 2008 with three prosecutors and six assistants

dedicated to trafficking in persons. These TIP prosecutors
work with local prosecutors nationwide, particularly in
Ciudad del Este and Encarnacion, to investigate and prosecute
traffickers.

The Foreign Ministry, Women's Secretariat (SMPR),Children's
and Adolescents' Secretariat (SNNA),and Development
Secretariat for the Repatriated and Co-National Refugees
(SEDERREC) work closely with the Public Ministry to combat
TIP. The Interior Ministry, which oversees the National
Police and Immigration, assists the Public Ministry with
investigations and arrests. The Interior Ministry announced
January 9 the creation of an intra-agency workgroup on
trafficking and other issues.

The government coordinates anti-trafficking efforts through
its Inter-Institutional Roundtable for the Prevention and
Combat of Trafficking in Persons led by the Foreign Ministry.
The Roundtable meets monthly in Asuncion to coordinate
anti-trafficking efforts. The Roundtable's influence outside
Asuncion was limited by its inability to coordinate with
field offices around the country.

Agencies participating in the Roundtable include the Foreign
Ministry; Public Ministry; SMPR; SNNA; SEDERREC; Ministry of
Education and Culture; Ministry of Industry and Commerce;
National Tourism Secretariat; Social Action Secretariat;
Directorate General of Statistics, Surveys, and 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. The government incorporated the military's Joint
Peace Operation Training Center (CECOPAZ) into the Roundtable
this year.

International organizations that participate in the
Roundtable include the IOM, ILO, Inter-American Development
Bank (IDB),UNICEF, and the United Nations Population Fund
(FNUAP). Representatives from foreign missions, including
the United States, European Union, Spain, Argentina, and
Brazil, also participate 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's 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.


C. What are the limitations on the government's ability to
address this problem in practice? For example, is funding
for police or other institutions inadequate? Is overall
corruption a problem? Does the government lack the resources
to aid victims?

The government's ability to address human trafficking in
practice is limited by insufficient financial and technical
resources, and a lack of political will in light of many
competing demands for government resources. The government
focuses its efforts on prosecuting traffickers and providing
victims' assistance. It devotes virtually no resources to
locating trafficking victims or screening to identify
potential victims.

In areas where funding is available, government agencies
involved in fighting TIP often have to make difficult
choices. Many officials do not have computers, adequate
access to information, or lack official vehicles to transport
victims. Victims typically received limited government
assistance.

Further compounding the government's ability to address the
problem are allegations of interagency rivalry, distrust
among officials, and reported complicity in trafficking
operations. There are allegations that some government
officials undermined investigations or alerted suspected

traffickers of impending arrests.


D. To what extent does the government systematically monitor
its anti-trafficking efforts and periodically make available,
publicly or privately and directly or through
regional/international organizations, its assessments of
these anti-trafficking efforts?

Although the government made some progress in monitoring
anti-trafficking efforts, its ability to monitor trafficking
in persons was limited by resource constraints. The Foreign
Ministry publishes an annual report each March summarizing
its anti-trafficking accomplishments and a list of ongoing
TIP projects. The Public Ministry uses a nationwide TIP
database to help manage trafficking cases.


4. (SBU) INVESTIGATION AND PROSECUTION OF TRAFFICKERS


A. Existing Laws against TIP: Does the country have a law
or laws specifically prohibiting trafficking in persons --
both for sexual exploitation and labor? If so, please
specifically cite the name of the law(s) and its date of
enactment and provide the exact language of the TIP
provisions. Please provide a full inventory of trafficking
laws, including non-criminal statutes that allow for civil
penalties against alleged trafficking crimes. Does the law(s)
cover both internal and transnational forms of trafficking?
If not, under what other laws can traffickers be prosecuted?
For example, are there laws against slavery or the
exploitation of prostitution by means of force, fraud, or
coercion? Are these other laws being used in trafficking
cases?

Law 3440/08 "Modifying Various Articles of the Penal Code,"
which includes a provision ratifying a series of
international conventions on trafficking in persons for
sexual exploitation and labor, will go fully into effect on
July 16. Under Law 3440/08, Paraguay became a signatory to
ILO Convention 182 concerning the elimination of the worst
forms of child labor; ILO Conventions 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.

Law 3440/08's anti-trafficking in persons statute will take
effect on July 16. An unofficial English translation of the
statute follows:

BEGIN TRANSLATION.

"Article 129b.- Trafficking in persons for sexual
exploitation.

1 .- Whoever takes advantage of a situation of constraint or
vulnerability of another found in a foreign country, induces
or coerces him/her to participate in or to continue to
participate in prostitution or bringing about other sexual
acts, with another or in front of another, with purposes of
sexual exploitation, shall be sentenced to deprivation of
liberty for up to eight years. The same penalty shall be
applied to whoever induces a minor under eighteen years of
age to participate in or continue to participate in
prostitution or in the performance of acts indicated in
paragraph 1.

2 .- With a prison sentence of up to twelve years, the person
will be punished who, by force, threat, deception or trickery:


1. induces another to participate in or continue to
participate in prostitution or sexual acts indicated in
subsection 1, paragraph 2;


2. detains another with intent to induce them to participate
in prostitution or continue to act as a prostitute or commit
sexual acts indicated in subsection 1, paragraph 2.

3 .- The same penalty applies when the victim is:


1. a person under fourteen, or


2. is exposed, upon doing the act, to grave physical abuse or
danger to his/her life.

4 .- With the same penalty shall be punished he who acts
commercially or belongs to a gang that was formed for the
purpose of realizing acts indicated in the preceding
paragraphs. In this case, Articles 57 and 94 will also be
applied.
The consent of a victim to any form of exploitation is not
taken into account when using any of the means enunciated in
this article.

Art 129c .- Trafficking in persons for purposes of personal
exploitation and labor.

1 .- Whoever takes advantage of the constraint or
vulnerability of another found in a foreign country, subjects
another to slavery, servitude, forced labor or similar
conditions, or makes someone do or continue to do work in
conditions disproportionately inferior to other people who do
identical or similar work, shall be sentenced to deprivation
of liberty for up to eight years. The same penalty shall be
applied to whoever subjects a minor less than eighteen years
of age to slavery, servitude, forced labor or similar
conditions, or to the performance or continuation of work
indicated in paragraph 1.

2 .- With a prison sentence of up to twelve years, the person
will be punished who, by force, threat, deception or trickery:


1. subjects another to slavery, servitude, forced labor or
similar conditions, or attempts to make someone do or
continue to do work indicated in subsection 1, paragraph 1;


2. detains another with the intention to subject them to
slavery, servitude, forced labor or similar conditions, or
attempts to make them do or continue to do work indicated in
subsection 1, paragraph 1;


3. detains another with intent of facilitating the extraction
his organs without consent.


3 .- The provisions in article 129b, paragraph 3 and 4, also
apply.

The consent of a victim to any form of exploitation will not
be taken into account when using any of the means enunciated
in this article."

END TRANSLATION.

Until the new law goes into effect in July 2009, the 1997
Penal Code Law (1160/97) remains in effect. The TIP statute
of Law 1160/97 prohibits trafficking in persons for sexual
exploitation and labor. It contains several articles that
address trafficking in persons and associated violations,
including: Article 129 Trafficking in Persons; Article 246
Production of Illegal Documents; Article 25 Production of
Government Documents with False Information; Article 185
Extortion; Article 25 - which prohibited the forced
extraction of a person from Paraguayan territory; Article 24
Deprivation of Freedom; Articles 20 and 121 Coercion and
Grace Coercion; Article 22 Threats; and Article 135 Child
Sexual Abuse. These articles are not properly enforced.

Laws for domestic trafficking do not exist; however,
prosecutors have used other laws to investigate and prosecute
trafficking. The 2001 Children and Adolescents Law (1680/01)
includes provisions that could be used in the prosecution
against traffickers, including: Article 25 Children's rights
Against Exploitation and Article 31 - which prohibited the
use of children in commercial sexual activities. The 1997
Adoptions Law protects the rights of children against
violence and exploitation. The 2000 Domestic Violence Law
(1600/00) protects women and children from physical violence
and violence associated with trafficking in persons.


B. Punishment of Sex Trafficking Offenses: What are the
prescribed and imposed penalties for trafficking people for
sexual exploitation?


The 1997 Penal Code's anti-trafficking statute in effect
until July 15 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.

The revised Penal Code, Law 3440/08, which goes into effect
on July 16, punishes offenders with imprisonment of up to
eight years for taking advantage of another person who is
vulnerable, or compelling the victim to practice prostitution
or engage in sexual acts for the purposes of sexual
exploitation. The same penalty applies to those whom aid and
abet a person who compels a person under 18 years of age to
practice activities related to sexual exploitation. The
revised statute also punishes offenders for up to twelve
years should the crime be considered an aggravated offense.
The statute also explicitly provides penalties of up to
twelve years when a trafficking victim is under fourteen
years of age, or is exposed to serious injury or whose life
is in danger. It includes a provision for offenders
committing trafficking offenses through gang involvement or
commercial activities.

Laws used to prosecute domestic traffickers, including the
2001 Children and Adolescents Law, 1997 Adoptions Law, and
2000 Domestic Violence Law, sentences traffickers up to five
years in prison for exploiting victims under eighteen years
of age, and to five years for labor exploitation.


C. Punishment of Labor Trafficking Offenses: What are the
prescribed and imposed penalties for trafficking for labor
exploitation, such as forced or bonded labor?

The revised Penal Code punishes offenders with up to eight
years' imprisonment for enslaving an individual or forcing
anyone into servitude. The penalty is the same when the
victim is a minor. The penalty increases to twelve years in
prison when the offender commits the crime in an aggravated
manner. The law does not specifically penalize recruiters
who engage in recruitment of workers using knowingly
fraudulent or deceptive offers with the purpose of subjecting
workers to trafficking.


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

The law criminalizes rape, including spousal rape, and
provides penalties of up to 10 years in prison for rape or
forcible sexual assault. If the victim is a minor under the
age of 18, sentences range from three to 15 years. The
government generally prosecutes rape allegations and often
obtains convictions; however, many rapes went unreported, and
the police are generally reluctant to act on rape reports.


E. Law Enforcement Statistics: Did the government prosecute
any cases against human trafficking offenders during the
reporting period? If so, provide numbers of investigations,
prosecutions, convictions, and sentences imposed, including
details on plea bargains and fines. Please note the number
of convicted traffickers who received suspended sentences and
the number who received only a fine as punishment. Please
indicate which laws were used to investigate, prosecute,
convict, and sentence traffickers. Also, if possible, please
disaggregate numbers of cases by type of TIP (labor vs.
commercial sexual exploitation) and victims (children vs.
adults). What were the actual punishments imposed on persons
convicted of these offenses? Are the traffickers serving the
time sentenced? If not, why not?

During the reporting period, the Public Ministry investigated
46 TIP cases; indicted 11 suspected traffickers and
associates involved in trafficking 19 victims, including six
minors; and earned convictions in two cases against four
traffickers who received six years in prison. In addition to
the four traffickers convicted during the reporting period,
another 23 traffickers and 16 associates are currently in
prison serving sentences for trafficking-related offenses.
Of the 62 victims involved in trafficking cases opened this
year, 54 were trafficked for purposes of sexual exploitation,

six for forced labor, and two for arranged marriages.

Paraguay's lead TIP prosecutor, Teresa Martinez, told PolOff
February 10 that in November 2008 a Brazilian-South Korean
marriage broker syndicate reportedly trafficked two
Paraguayan sisters to Korea via Sao Paulo, and forced them
into arranged marriages with Korean men. The women escaped
and filed complaints with prosecutors in 2008; the case
remains under investigation.

Martinez stated that prosecutors opened a case in January to
investigate allegations that four boys and two girls had been
trafficked to Japan for purposes of labor exploitation.

Martinez stated that two Paraguayan women trafficked to Chile
by a Chilean trafficking syndicate for purposes of sexual
exploitation filed complaints with Chilean authorities in May

2008. Although one of the victims withdrew her complaint,
prosecutors identified nine potential victims of the Chilean
trafficking syndicate. Paraguayan prosecutors convicted one
trafficker in the case; three Chileans are under
investigation by Chilean authorities.

A 15-year old trafficking victim who escaped from a brothel
in Buenos Aires in March 2008 fled to Ciudad del Este, where
she filed a complaint with prosecutors. Based on her
complaint, Argentine and Paraguayan authorities rescued 25
women from the brothel. Charges remained pending against the
traffickers.


F. Does the government provide any specialized training for
government officials in how to recognize, investigate, and
prosecute instances of trafficking? Specify whether NGOs,
international organizations, and/or the USG provide
specialized training for host government officials.

The Roundtable provides government officials with training on
TIP via two seminars during the reporting period. Following
the military's Joint Peace Operation Training Center
(CECOPAZ) admission into the Roundtable, CECOPAZ officials
attended an anti-trafficking seminar in Buenos Aires in 2008.
In addition, the Roundtable and OAS co-hosted in July 2008
an anti-trafficking seminar for TIP officials in Asuncion.
During the reporting period, six prosecutors and police
officials attended anti-TIP seminars at the International Law
Enforcement Academy in Lima, Peru.

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.


G. Does the government cooperate with other governments in
the investigation and prosecution of trafficking cases? If
possible, provide the number of cooperative international
investigations on trafficking during the reporting period.

The government cooperates with other governments and Interpol
in the investigation and prosecution of trafficking cases.
Government officials from the Foreign Ministry (including
Paraguayan embassies and consulates),Public Ministry,
National Police and SEDERREC cooperated during the reporting
period with Argentine, Brazilian, Spanish, and Chilean
authorities to investigate trafficking cases and repatriate
victims.

Spanish National Police arrested four men, including one
Paraguayan and three Spaniards, in Pamplona, Spain February
20 for forcing six Paraguayan women into prostitution. The
suspects recruited the women aged between 19 and 22 in
Paraguay by offering them work in Spain. They facilitated
their arrival through a travel agency, and levied the victims
with a 6,000 euro debt payable through providing
round-the-clock sexual services. TIP prosecutors remain in
frequent touch with Spanish authorities on trafficking cases.


H. Does the government extradite persons who are charged
with trafficking in other countries? If so, please provide
the number of traffickers extradited during the reporting
period, and the number of trafficking extraditions pending.

In particular, please report on any pending or concluded
extraditions of trafficking offenders to the United States.

The government extradites persons who are charged with
trafficking in other countries if it has extradition treaties
with those 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 law allows Paraguayans and foreign
nationals who were charged with trafficking in other
countries to be extradited. However, the government did not
extradite any traffickers during the reporting period.


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

There were reports by members of the anti-TIP community that
public officials, including political figures, border guards,
police, prosecutors, judges, or other officials, participated
in, facilitated, or condoned human trafficking. There were
reports that officials accepted bribes directly or indirectly
to facilitate trafficking in persons and to release victims
from incarceration.


J. If government officials are involved in trafficking, what
steps has the government taken to end such participation?
Please indicate the number of government officials
investigated and prosecuted for involvement in trafficking or
trafficking-related corruption during the reporting period.
Have any been convicted? What sentence(s) was imposed?
Please specify if officials received suspended sentences, or
were given a fine, fired, or reassigned to another position
within the government as punishment. Please indicate the
number of convicted officials that received suspended
sentences or received only a fine as punishment.

Despite reports of involvement by government officials in
trafficking in persons, the Public Ministry did not
investigate these allegations, and no government officials
resigned or were removed over allegations of trafficking. A
lack of resources and political will hindered prosecutors'
ability to prosecute government officials for trafficking.


K. Is prostitution legalized or decriminalized?
Specifically, are the activities of the prostitute
criminalized? Are the activities of the brothel
owner/operator, clients, pimps, and enforcers criminalized?
Are these laws enforced? If prostitution is legal and
regulated, what is the legal minimum age for this activity?

Although the law prohibits minors under the age of 18 from
engaging in prostitution and prohibits the sexual
exploitation of women, it does not outlaw prostitution over
the age of 18. The law does not prohibit pimping, owning or
operating brothels, or frequenting prostitutes. However,
government officials occasionally cracked down on
prostitution activities, including street- and brothel-based
prostitution, citing alternative legal bases such as improper
business registration to justify crackdowns. Some brothels
are owned by politicians, including members of Congress.
Some members of the anti-trafficking community alleged that
police and prosecutors asserted influence over the local
prostitution trade for purposes of kickbacks.


L. Government investigation of troops involved in
international peacekeeping efforts:

The military's Joint Peace Operation Training Center
(CECOPAZ) supports the United Nations' global peacekeeping
operations with peacekeepers. The Paraguayan military
deployed a platoon of 31 peacekeepers to Haiti under
MINUSTAH, a squad of 17 peacekeepers to D.R. Congo, 11 to
Sudan, 10 to Cote d'Ivoire, and a total of 13 peacekeepers to
Afghanistan, Liberia, Nepal, and Western Sahara. The
military is now preparing a 136-member engineering company to
conduct peacekeeping missions under its own flag, and plans
to deploy this unit by the end of the year. The military
conducted police and military background checks on all
soldiers before allowing them to join the unit, and some
CECOPAZ members attended anti-trafficking training in Buenos

Aires last year. The Paraguayan government did not have any
incidents of Paraguayans deployed abroad requiring
investigation, prosecution, conviction, or sentencing for
trafficking-related offenses.


M. If the country has an identified problem of child sex
tourists coming to the country, what are the countries of
origin for sex tourists? How many foreign pedophiles did the
government prosecute or deport/extradite to their country of
origin?

Although there is no identified industry devoted to child sex
tourism in Paraguay, child sex tourism does occur, and
Paraguay has several locations where foreign pedophiles are
known to frequent, particularly in Ciudad del Este. The
government did not prosecute, deport, or extradite any
foreign pedophiles during the reporting period.


5. (SBU) PROTECTION AND ASSISTANCE TO VICTIMS


A. What kind of protection is the government able under
existing law to provide for victims and witnesses? Does it
provide these protections in practice?

The government provides limited protection, including some
security safeguards, to victims who live in shelters or are
assigned to foster parents. The government also provides
shelter, meals, and transportation to some victims on a
short-term basis. Because resources are limited, the
government can only assist up to approximately 100
trafficking victims at a time and only for a limited time.
Roundtable members Development Secretariat for the
Repatriated and Co-National Refugees (SEDERREC),Women's
Secretariat (SMPR),Children's and Adolescents' Secretariat
(SNNA) also help repatriate victims to their families; SNNA
placed some child and adolescent victims in foster homes.
The government does not typically follow up with victims once
they are returned to their families, and does not provide
protections to witnesses.


B. Does the country have victim care facilities (shelters or
drop-in centers) which are accessible to trafficking victims?
Do foreign victims have the same access to care as domestic
trafficking victims? Where are child victims placed (e.g.,
in shelters, foster care, or juvenile justice detention
centers)? Does the country have specialized care for adults
in addition to children? What is the funding source of these
facilities?

The country has some government-supported victim care
facilities, including two shelters and three assistance
centers for women, adolescents, and children who are victims
of TIP. These include a USG-supported shelter run by the
Women's Secretariat in Asuncion for up to 18 women who are
trafficking victims; a shelter and assistance center for
children in Ciudad del Este run by the NGO Center for
Attention, Prevention, and Surveillance of Boys, Girls, and
Adolescents (CEAPRA) and supported by the Children's and
Adolescents' Secretariat; an assistance center at the Women's
Secretariat in Asuncion; and an assistance center in Asuncion
run by the NGO Kuna Aty with support from the Women's
Secretariat. The country does not have victim care
facilities for men, and the government usually places boys
with their families or in foster homes. Foreign victims
generally do not have the same access to government-operated
shelters as domestic victims.

International organizations and NGOs work with Roundtable
members and local Municipal Councils for Children's Rights
(CODENI) in several cities to place trafficking victims with
their families, in shelters, and in foster care. NGOs
independently operate shelters and assistance centers for
victims in Asuncion, Encarnacion, and Villarrica. The NGO
Grupo Luna Nueva runs a shelter in Asuncion exclusively for
domestic child and adolescent trafficking victims. The Red
Cross, Paraguayan Network for Human Development (REPADEH),
Dequeni Foundation, and Catholic charities run shelters and
assistance centers for children and adolescents in Asuncion;
a Catholic charity runs a shelter for children and
adolescents in Encarnacion; the NGOs Women's November 25
Collective, CECTEK, and Kuna Roga operate assistance centers

for women, children and adolescents in Encarnacion; and the
Integral Attention Service for Adolescents (SAIA) has a
children's and adolescents' assistance center in Villarrica.

The Paraguayan government provides some funding to support
victim care, particularly shelters. However, Post estimates
that the government spends less than USD 50,000 annually to
combat TIP, relying heavily on international assistance. In
addition to the USG's ongoing support for the SMPR's Asuncion
shelter, the Paraguayan government received funding during
the reporting period from the United Nations Development
Programme, UNICEF, Inter-American Development Bank, IOM, ILO,
and the Spanish government to support various
anti-trafficking initiatives. However, this amount was
inadequate to support the government's efforts.


C. Does the government provide trafficking victims with
access to legal, medical and psychological services? Does
the government provide funding or other forms of support to
foreign or domestic NGOs and/or international organizations
for providing these services to trafficking victims?

The government provides trafficking victims with limited
medical, psychological, and legal services to women in the
Asuncion TIP victims' shelter. The government also supports
NGOs CEAPRA's and Kuny Aty's efforts to provide medical,
psychological, and legal services to victims who live in
their shelters. Refer also to response in 5.B.


D. Does the government assist foreign trafficking victims,
for example, by providing temporary to permanent residency
status, or other relief from deportation? If so, please
explain.

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. The government
provides temporary or permanent residency status on a
case-by-case basis.


E. Does the government provide longer-term shelter or housing
benefits to victims or other resources to aid the victims in
rebuilding their lives?

No.


F. Does the government have a referral process to transfer
victims detained, arrested or placed in protective custody by
law enforcement authorities to institutions that provide
short- or long-term care (either government or NGO-run)?

SEDERREC, SNNA, and SMPR refer victims to institutions that
provide short-term care but lacked the capability to provide
long-term care.


G. What is the total number of trafficking victims
identified during the reporting period? Of these, how many
victims were referred to care facilities for assistance by
law enforcement authorities during the reporting period? By
social services officials? What is the number of victims
assisted by government-funded assistance programs and those
not funded by the government during the reporting period?

Prosecutors identified 62 trafficking victims, including 20
children, and the Roundtable referred 46 victims to care
facilities for assistance during the reporting period. Of
these 62, the government rescued 25 victims who had been
trafficked internationally. Based on prosecutors' referrals,
the Roundtable assigned victims to member agencies for
follow-up assistance based on age and gender.


H. 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? For countries with legalized
prostitution, does the government have a mechanism for
screening for trafficking victims among persons involved in
the legal/regulated commercial sex trade?

The government does not have a formal system of proactively
identifying trafficking victims. The government does not
have a mechanism for screening trafficking victims among
persons involved in the legal/regulated commercial sex trade.
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 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.


I. Are the rights of victims respected? Are trafficking
victims detained or jailed? If so, for how long? Are
victims fined? Are victims prosecuted for violations of
other laws, such as those governing immigration or
prostitution?

Although the rights of victims are respected in most cases,
abuses occurred. Anti-trafficking crusader Cynthia Bendlin,
winner of the 2008 Secretary's International Women of Courage
Award and advisor to Interior Minister Rafael Filizzola, told
PolOff that police investigators detained one victim in 2008
for several days for refusing to cooperate with the
investigation of her case. In general, the government does
not prosecute victims for violating laws.


J. Does the government encourage victims to assist in the
investigation and prosecution of trafficking? How many
victims assisted in the investigation and prosecution of
traffickers during the reporting period? May victims file
civil suits or seek legal action against traffickers? Does
anyone impede victim access to such legal redress? If a
victim is a material witness in a court case against a former
employer, is the victim permitted to obtain other employment
or to leave the country pending trial proceedings? Are there
means by which a victim may obtain restitution?

The government encourages victims to file complaints against
traffickers, and assists in the investigation and prosecution
of traffickers. Many victims cooperate by filing complaints
to open investigations. However, victims avoid participating
in the legal process, including acting as witnesses for fear
of potential retaliation by traffickers and social stigma.
Victims may file civil law suits or seek legal action against
traffickers, and if the victim is a witness, they may seek
other employment or leave the country.


K. Does the government provide any specialized training for
government officials in identifying trafficking victims and
in the provision of assistance to trafficked victims,
including the special needs of trafficked children? Does the
government provide training on protections and assistance to
its embassies and consulates in foreign countries that are
destination or transit countries? What is the number of
trafficking victims assisted by the host country's embassies
or consulates abroad during the reporting period?

The government generally does not provide specialized
training for officials in identifying trafficking victims.
However, the government's human trafficking intervention
manual provides written guidance on identifying and assisting
trafficking victims.


L. Does the government provide assistance, such as medical
aid, shelter, or financial help, to its nationals who are
repatriated as victims of trafficking?

SEDERREC repatriates trafficking victims from abroad and
provides them with limited legal, medical and psychological
assistance (see also 5.B). 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 Asuncion women's shelter for
trafficking victims.


M. Which international organizations or NGOs, if any, work
with trafficking victims? What type of services do they
provide? What sort of cooperation do they receive from local
authorities?

International organizations and NGOs work with trafficking
victims through the Roundtable and independently. They
provide a wide range of services, including repatriation
assistance, shelter, victims assistance (including medical,
financial, and legal assistance),and education. No
international organization or NGO offers a comprehensive
program to assist trafficking victims, and all receive
cooperation from local authorities. Refer to response 5.B
for a list of international organizations and NGOs that work
with trafficking victims.


6. (SBU) PREVENTION


A. Did the government conduct anti-trafficking information
or education campaigns during the reporting period? If so,
briefly describe the campaign(s),including their objectives
and effectiveness. Please provide the number of people
reached by such awareness efforts, if available. Do these
campaigns target potential trafficking victims and/or the
demand for trafficking?

The government did not conduct an anti-trafficking
information or education campaign during the reporting
period. However, the Roundtable conducted an
anti-trafficking seminar in Greater Asuncion during the
reporting period to increase government officials' general
knowledge of trafficking in persons (see also 4.F).
Approximately 100 officials attended this training. 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.


B. Does the government monitor immigration and emigration
patterns for evidence of trafficking? Do law enforcement
agencies screen for potential trafficking victims along
borders?

Refer to response in 5.H.


C. Is there a mechanism for coordination and communication
between various agencies, internal, international, and
multilateral on trafficking-related matters, such as a
multi-agency working group or a task force?

Refer to response in 3.B.


D. Does the government have a national plan of action to
address trafficking in persons? If the plan was developed
during the reporting period, which agencies were involved in
developing it? Were NGOs consulted in the process? What
steps has the government taken to implement the action plan?

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 trafficking that serves
as a guideline for the Roundtable. As members of the
Roundtable, NGOs play a key role in advising the government
on its anti-trafficking efforts.


E. 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 during the
reporting period to reduce demand for commercial sex acts.
Instead, the government focused its attention on victim's
assistance and prosecuting traffickers.


F. What measures has the government taken during the
reporting period to reduce the participation in international
child sex tourism by nationals of the country?

The government provided anti-trafficking training to its
global peacekeepers to discourage them from participating in
international child sex tourism (see 3.B and 4.F). However,
in general, the government has not taken steps to reduce the
participation of Paraguayan nationals in international child
sex tourism.

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

AYALDE