PERU RESPONSE TO TIP REPORTING QUESTIONS

UNCLAS LIMA 000275

SENSITIVE
SIPDIS

DEPT FOR G/TIP-BARBARA FLECK,G-ACBLANK,INL,DRL,PRM
DEPT FOR WHA/AND BARBARA ROCHA, WHA/PPC
DEPT FOR USAID LAC/SA
JUSTICE FOR OIA, AFMLS AND NDDS
DIR ONDCP FOR R. O'CONNOR

E.O. 12958: N/A
TAGS: KTIP KCRM PHUM KWMN SMIG KFRD ASEC PREF ELAB
SUBJECT: PERU RESPONSE TO TIP REPORTING QUESTIONS

REF: SATE 00132759


1. (SBU) Embassy Lima submits the follow response to the TIP
reporting questions found in paragraphs 23-29 of the cable
guidance (reftel) in regards to the 2008 Trafficking in
Persons report.



2. (SBU) Peru's TIP Situation (paragraph 23)

A) The primary sources for information contained in
this report are the Government of Peru's (GOP) Multi-sectoral
Committee (MSC) on Trafficking in Persons within the Ministry
of the Interior, the Peruvian National Police Anti-TIP Unit,
the United Nations, the Office of International Migration IOM
and several Non-Government Organizations. The MSC itself is
composed of
representatives from various Ministries within the
government, non-governmental organizations, and international
organizations. The MSC is considered the most reliable
source of TIP information in Peru in general. In 2006 the
Peruvian National Police, in conjunction with a local NGO,
established a computerized case tracking system (RETA) to
track TIP cases as they move through the legal system. As of
this date, the RETA system only tracks police investigations,
therefore, a comprehensive and integrated official tracking
system for all TIP cases, crimes and prosecutions does not
exist. However, the Ministry of the Interior plans to expand
the capabilities of RETA to track a TIP cases once it has
moved to the Public Ministry for prosecution and, by the end
of 2009, RETA will incorporate sentencing data from the
Ministry of Justice.

B) Peru is a source country for women and children
trafficked internally for sexual exploitation and forced
domestic labor. The critical socio-economic conditions
especially in the rural and Amazonian regions ofthe country
create an environment conducive to trafficking. The majority
of victims are young women and girls moved from rural to
urban areas or from city to city, particularly from the
Amazon region of the country to the
larger eastern cities such as Iquitos and Pucallpa. There
are reports of women and girls trafficked from the rural
areas of the country to the emergency military zone of the
country called the VRAE, though accurate information is
limited. The VRAE is a drug trafficking stronghold,
declared an emergency zone by the government, where state
presence is ineffective. Local State presence is highly
corrupted by the drug trafficking
elements. These victims in the VRAE, mainly underage girls,
are forced to work in brothels, some of them owned by drug
traffickers, and to service members of the drug trafficking
organizations - though accurate reporting is limited and
anecdotal. Overall, trafficking victims in Peru are coerced
into
prostitution in bars, nightclubs, and brothels or forced to
labor in the mining industry, serve as drug dealers, beg in
the streets or live as domestic servants. Though domestic
trafficking is the primary TIP issue in Peru, there were
cases of Peruvian victims trafficked for sexual exploitation
to Spain, Japan, the United States and neighboring countries.
The major destinations for victims remain the same as last
year's report.

C) Neither the GOP nor the NGO community maintains
records on the types of conditions victims are trafficked
into. Through the process of gathering information for this
report, it was acknowledged by the NGO sector that
this information needs to be tracked and recorded. Victims
are held captive through force or the threat of force in
inhumane conditions and women and girls have been known to
perform 15 sex acts daily. Their personal identification
documents are taken away as a means of preventing escape or
contact with authorities.

D) The most vulnerable group remains girls ages 8 to
17 and young women from rural and urban areas living in
poverty. The majority of victims are trafficked from the
Amazon region of Iquitos, Pucallpa, and Madre de Dios into
the urban centers. Also in the urban cities many boys ages
8-11 work on the streets begging, selling candy or other
items, and performing acrobatics or juggling in traffic.

E) Most Peruvian traffickers are independent business
people, often female, or family-based organized crime
elements. There is some evidence of drug traffickers
involved in human trafficking but it is not tracked and
therefore has not been confirmed. The most common
methodology for traffickers is the promise of better work and
pay or the opportunity for a better education for the child.
Some groups go as far as to post advertisements in
public areas offering jobs as servers in bars and
restaurants, or nannies. The friend of a friend approach is
also common as is the use of employment agencies.


3. Setting the Scene for the Government's anti-TIP Efforts
(paragraph 24)

A) Yes the GOP does acknowledge that trafficking is
a significant problem in Peru.

B) In 2004, the GOP established a permanent
ministerial-level multi-sectoral committee (MSC) to lead and
coordinate all GOP anti-TIP efforts. The Director of the
Office of Human Rights within the Ministry of the Interior
chairs the committee. The MSC includes the following: the
Peruvian National Police, the Migration and Naturalization
Agency, the Public Ministry, the ministry of
Justice, the Women's Ministry, the Ministry of Foreign
Affairs, the Ministry of Labor, various TIP NGOs, and
multinational organizations such as the UN and IOM NOTE:
The progression of a TIP case begins first with the National
Police, then moves to the Public Ministry for prosecution and
then to the Ministry of Justice for judgment and sentencing.

C) As reported last year, the lack of real resources for
TIP agencies and widespread low level corruption place severe
limitations on the government's ability to adequately address
TIP in practice not only with prosecutions but to provide
adequate victims, assistance. The GOP and NGO community
continue to identify the lack of sensitivity training for
police and a weak knowledge base on the part of GOP
authorities as obstacles to progress.

D) The GOP systematically monitors all TIP efforts through
the Multi-sectoral Committee for TIP (MSC). The MSC produces
a public report annually detailing activities of all GOP
involved in combating TIP as well as the activities of the
NGO community and International Organizations. The 2008 MSC
report detailed the activities of the Ministry of Interior,
Ministry Foreign Affairs, Ministry of Women and Social
Development, Ministry of Justice, Ministry of Education,
Ministry of Labor, and the Ministry of Tourism. The report
also includes the activities of the following NGOs: Accion
por los Ninos, Instituto de Estudio dela Familia y la
Infancia (IDEIF),Capital Humano y Social Alternativo (CHS),
Movimiento el Pozo as well as UNICEF, UNODC, IOM, and ILO.


4. Investigation and Prosecution of Traffickers (paragraph 25)

A - B) In January 2007 the Peruvian Congress approved
Law 28950 against the trafficking of persons and the illegal
trafficking of migrants. In March 2008, Directorate
Resolution 277-2008-DIRGEN/EMG established a National Police
TIP Investigation Unit. In November 2008, the implementing
regulations of Law 28950 were approved by Supreme Decree
007-2008-IN defining the norms and responsibilities of all
responsible government authorities in the prevention,
protection, assistance, and prosecution of TIP crimes and TIP
related crimes. The Supreme Decree further encourages the
cooperation and commitment from the NGO community as well as
all present international organizations.

Law 28950 provides penalties from 8 to 25 years imprisonment
for trafficking in persons for both sexual and labor
exploitation. If the trafficker has a position of authority,
is a representative of a social organization or enterprise;
has a family relationship with the victim biologically or by
adoption or the victim is between 14 and 18 years of age, or
has a disability, it is considered an aggravated form of
trafficking and the penalty is between
12 and 20 years. The penalty is no less than 25 years if the
trafficker is: part of a criminal organization; if the victim
dies, is seriously wounded, or is in a life-threatening
situation; or if the victim is under 14 years of age or has a
disability.

The following lists the sentencing guidelines within the
Peruvian Penal Code for sexual exploitation of minors:


Article 179: Promoting Prostitution
4 to 5 years
Aggravated
5 to 12 years

Article 179-A: Clients 4 to 6 years

Article 180: Pimping 3 to 8 years

Aggravated
6 to 12 years

Article 181: Child-Sex Tourism
2 to 6 years

Aggravated
6 to 10 years

Article 183: Child Pornography


If the victim is between 14 and 18
4 to 6 years

If the victim is less than 14
6 to 8 years

Aggravated
8 to 12 years

C) The following lists the sentencing guidelines within
the Peruvian Penal Code for labor exploitation:


Article 128: Forced labor in dangerous conditions
1 to 4 years

Aggravated
2 to 5 years

Article 129: Forced labor resulting in serious

Injury or death
3 to 8 years

Article 168: Forced labor
2 years



D) Law 28704 outlines the penalties for rape or forcible
sexual assault as the following:

Article 170: Rape
6 to 8 years

Aggravated
12 to 18 years


Article 171: Rape of a person in an unconscious situation or
injury
10 to 15 years

Aggravated
12 to 18 years


Article 172: Rape of a persona with a disability or injury
20 to 25 years

Aggravated
25 to 30 years


Article 173: Rape of a minor less than 14 years

If the victim is less than 10 years
old
Life imprisonment

If the victim is 10 to 14 years old
25 to 30 years

Aggravated
Life imprisonment


Article 173-A: Rape of minor resulting in serious injury or
death
Life imprisonment


Article 174: Rape if the individual has a position of
authority on the victim
7 to 10 years


Article 176 and 176A: Acts of public indecency with minors

If the victim is less than 7 years old
7 to 10 years

If the victim is between 7 to 10 years old
6 to 9 years

If the victim is between 10 to 14 years old
5 to 8 years

Aggravated
10 to 12 years


E) Law Enforcement Statistics:

Accurate and complete information is difficult to obtain from
the Peruvian judicial system because communication and
data-sharing within and between the ministries remains
problematic, hence the inconsistent information year to
year. This issue is recognized amongst the involved agencies
at the working level and by the MSC.

In 2008, the TIP Investigation Unit reports investigating 145
TIP related crimes. The RETA system reports 54 TIP cases in
the prosecutorial system, 5 of which received sentences from
8 to 12 years in prison. Though the TIP
Investigation Uni repeatedly raided clandestine brothels and
rescued/ returned a number of young women, the raids resulted
in few arrests for trafficking crimes and the numbers of
those rescued were not accurately reported.

The following lists TIP cases prosecuted during the year:

June 2008: Paulina Sherllit Ortiz Sandoval, otherwise known
as "Paulina-Negra Bertha" was sentenced to 8 years in prison
for the forced labor and sexual exploitation of minors in the
cities of Iquitos and Cusco.

July 2008: Placentino de la Cruz Salhua was sentenced to 9
years in prison for the forced labor and sexual exploitation
of minors in the cities of Pucallpa and Lima.

December 2008: Teobaldo Saavedra Chamba was sentenced to 12
years in prison for sexual exploitation in the cities of
Iquitos and Sullana. Also in December, Segundo Yoel Merino
Sanchez, owner of a tourist restaurant in Piura, was arrested
by the TIP Investigation Unit on charges of forced labor and
the sexual exploitation of minors, his case is still pending.

IOM Statistics

As of October 2008, IOM reports that of the ninety-six
possible TIP violations reported to the Ministry of
Interior's hot line service from March 2006 to July 2008, The
Judicial Power was only able to prosecute three. It is
unclear at this time if that is due to most of the calls not
being trafficking related or the inability to follow through
on the reports. Overall, IOM data supports the GOP's
information that the majority of trafficking victims come
from the Amazon jungle regions.

F) The NGO community, as well as international organizations
such as the UN and IOM, work closely with the GOP to train
police officers, prosecutors, and judges specifically on TIP.
The GOP provides conference facilities and other services
for TIP training. As the Ministry of the Interior continues
the expansion of the RETA case tracking system, training for
police officers and
prosecutors on how to use the system also includes
generalized training on TIP and recognizing TIP crimes.
Finally, the recently passed implementing regulation for TIP
Law 28950 emphasizes the importance of training GOP
officials on TIP crimes thus demonstrating the GOP
recognition of the need for training.

G) The Ministry of Foreign Affairs has established a
protocol between the Peruvian National Polie (PNP) and
Interpol to respond to complaints filed by TIP victims
outside of Peru. There were no reports of international
trafficking investigations during the reporting period.

H) According to current Peruvian law, any criminal act
committed by a Peruvian in a foreign country can be tried in
Peruvian courts as if the crime had been committed in Peru.
The law also stipulates that Peru is obligated to conform to
all international treaties and norms that it has signed and
ratified including extradition treaties. To date, no one has
been extradited for TIP crimes, and no Peruvian has been
charged with TIP crimes outside of Peru. There are no
reports of TIP related extraditions during the
reporting period.

I) Low level police corruption remains an issue, however,
there is no evidence of GOP involvement or tolerance of
trafficking.

J) There are no reports of GOP involvement in TIP crimes
during the reporting period.

K) Though the act of prostitution in not criminalized in
Peru, the activities of brothel owners/operators, clients,
pimps, and enforcers are criminalized. Prostitution is legal
for women over the age of 18 but they must register with
municipal authorities and carry a current certification of
health.

L) The law applies to any TIP criminal act committed by a
Peruvian national either at home or deployed abroad. As
defined by Peruvian Law, the government may investigate,
prosecute, convict and sentence Peruvian nationals for acts
committed while deployed abroad. There were no reported
cases of Peruvian nationals involved with TIP crimes while
deployed abroad.

M) Peru is a destination for child sex tourism primarily in
the cities of Iquitos and Cusco. The GOP does not maintain
comprehensive data on the arrest, prosecution, or extradition
of foreign sex tourists in Peru nor does the GOP maintain
data on the number of pedophiles prosecuted in Peru or
extradited to their country of origin.


5. Protection and Assistance to Victims (paragraph 26)

A) According to the law, the GOP is required to assist and
protect victims and witnesses by providing temporary lodging,
transportation, medical, psychological, and legal assistance,
as well as assistance in re-adapting
to family and society. Under the law are provisions for
witness protection which include new identities, safe houses,
police protection, and new jobs. However, the GOP has yet to
put in the real resources to achieve what is
mandated by law and therefore there are limited facilities
and resources and effective protection to victims and
witnesses.

Under the law, the following government authorities are able
to provide victim assistance and witness protection: the
Ministry of Women and Social Development, Ministry of Health,
Ministry of the Interior, Ministry of Education, Ministry of
Foreign Affairs, Ministry of Justice, Ministry
of Labor and Employment, the Public Ministry, and the
Ministry of Justice.

B) The GOP does not operate specific TIP shelters. What
shelters exist are operated by the local NGO community,
though with some support from the Government such as
subsidized locations and food. At this time, the GOP does
not have a specific budget line for TIP victims, assistance
nor is there significant financial support from the GOP to
the NGO community. Most TIP
victims are cared for in women and children's shelters such
as those run by the Ministry of Women and Social Development
located in Iquitos and Cusco; shelters whose primary mandate
is to assist child victims of sexual abuse
and are not necessarily equipped to handle the special needs
of TIP victims. The National Institute for Infant and Child
Welfare does maintain a live-in center for TIP victims in the
cities of Callao and Chiclayo, but it is
administered by a local religious welfare organization called
the Sisters of Adoration and the NGO Movimiento El Pozo. At
this time, there is no specialized center/shelter for adult
male victims.
C) In general, the GOP is ill equipped and unable to provide
victims, assistance, especially at the street level; i.e.
police officers. In many cases, underage prostitutes and
victims return to the brothel because it is
the only place where they can find food and shelter. There
is a real lack of training and sensitization to TIP and the
special needs of TIP victims. Victims are not advised of
their rights and medical treatment is limited or not
provided. There is no GOP funding to NGOs or through
international organizations for victim assistance, aside from
that mentioned above.

D) The Ministry of Foreign Affairs is equipped to provide
assistance to foreign victims attempting to return to their
country of origin. One such case involved an Ecuadorian
victim who had been deceived via an internet ad
and then sexually exploited in Peru. She was given temporary
shelter and then repatriated to her country of origin.

E) The GOP has limited long-term shelters or live-in centers
capable of providing rehabilitation services; what shelters
do exist are for short term emergency care. The NGO Sister
of Adoration is the only known shelter providing long term
and live-in assistance to TIP victims. Victims receive
medical and psychological care as well as vocational training
in baking, hairdressing, dressmaking and computers. Capacity
is 60 female adolescents,
but there is additional space for the infants and children of
these victims.

F) There is no formal referral process for the
transfer of victims.

G) According to the RETA case tracking system, 153
trafficking victims were identified during the reporting
period. However, it is suspected that the number is
significantly higher because information available continues
to be inaccurate and incomplete. The number of victims
assisted is not available. The intent of the recently passed
implementing regulations of Law 28950 is to
help streamline the reporting of TIP related data and improve
the accuracy of the nationwide numbers.

H) The GOP does not have a formal mechanism for identifying
trafficking victims among persons involved in the
legal/regulated commercial sex trade. The lack of proper
identification and age determination of victims and
persons involved in the legal sex trade also makes it
difficult to establish the number of underage TIP victims.


I) Basic human rights are generally respected by the local
police forces and there are no reports of trafficking victims
being mistreated, detained, jailed, or fined.

J) Currently, there is no GOP program or mechanism to
encourage victim participation in their own investigation or
in the prosecution of the trafficker. Victims may file civil
suits or seek other legal action against traffickers though
there have been no examples of this occurring in Peru.
Victims are not permitted to leave the country without
permission from the court while their case is being processed.

K) As stated above, the recent passage of the implementing
regulations of Law 28950 includes the need for specialized
training for government officials. The NGO community
provides training for police officers and prosecutors as does
the United Nations. Peruvian embassies worldwide provide
emergency phone line services for victims of trafficking and
are required to maintain current
information of protection centers within their jurisdictions
for victim referrals.

The NGO Action for the Children (AFC) completed training law
enforcement officers and other government officials in the
identification and prevention of TIP crimes. The training
was conducted in Lima, Callao, Huarmey, Ancash,
Huaraz, Huari, Sihuas, and Recuay. Action for the Children
trained 848 municipal officers, 588 students, teachers,
school directors, and education specialists in TIP awareness.
AFC conducted workshops on identifying solutions and
prevention of TIP for 304 police officers, prosecutors, and
judges. AFC worked with the naturalization and migrations
office to train 75 officers in prevention and victim
assistance. Eighteen journalists participated in a TIP
workshop focused on education and human rights.
L) The Ministry of Foreign Affairs has mechanisms in place to
work with counterpart Peruvian ministries in assisting
repatriated victims.

M) Overall, there are 14 NGOs and international organizations
in Peru that work on TIP-related issues. These NGOs and
international organizations work closely with the GOP on TIP
and are often invited to attend the MSC
meetings.

The following seven NGOs work specifically with TIP
victims:

-- Action for the Children (Accion por los Ninos): Conducts
training for GOP officials, organizes community anti-TIP
campaigns, and coordinates with law enforcement authorities
in victim assistance. This NGO also operates a shelter for
underage TIP victims.

-- Save the Children: This NGO also provides training for
GOP officials mainly focused on sexual and labor
exploitation of children and adolescents.

-- The El Pozo Movement (Movimiento El Pozo) seeks out and
identifies sexually exploited or abused women and minors
and provides guidance counseling and temporary shelter for
victims.

-- Flora Tristan Center (Centro de la Mujer Peruana Flora
Tristan) seeks out and identifies sexually exploited or
abused women and provides guidance counseling and temporary
shelter for victims.

-- Sisters of Adoration (Hermanas Adoratrices) provides
long-term shelter and rehabilitation services including
educational skills 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 GOP officials focused on trafficking
of children and adolescents for sexual exploitation as well
as child sex tourism and border trafficking of children.

-- Human and Social Capital Alternative (Capital Humano y
Social Alternativo CHS/A) provides training for law
enforcement officials and operated a women and children's
shelter in Iquitos. This NGO designed the computerized
case-tracking system RETA for TIP and trains the police
using the system.

The following six international NGOs and organizations are
operating in Peru. There are no reports from these
organizations of lack of cooperation from local
authorities.

-- International Office of Migration (IOM) supports and/or
participates in TIP workshops/training sessions
nationwide. The IOM is assisting the GOP's MSC to produce
a National Plan of Action for TIP and 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.


7. Prevention (paragraph 27)

A) During the reporting period, the Ministry of Foreign
Affairs produced videos aimed at educating travelers and
visitors regarding the legal consequences of engaging in TIP
or consuming TIP services. The videos are
running in different public transportation locations across
the country and are primarily aimed at consumers.

The International Office of Migrations (IOM) conducted an
anti-trafficking information and education campaign aimed at
potential victims entitled "Don't be treated as merchandise"
in an effort to raise awareness about the various forms and
modalities of trafficker methodologies. The primary
objective of the campaign was to promote the hotline and
encourage society to report TIP related crimes. Since the
installation of the hotline in 2006, the
Ministry of Interior it has received over 11,000 calls with a
noted increase of calls during the campaign and other similar
awareness efforts throughout the country.

B) The Immigration Unit within the Peruvian National Police
and Peruvian Immigration within the Ministry of the Interior
do not monitor immigration and emigration patterns for
evidence of trafficking. Law enforcement agencies
along the borders do not screen for potential trafficking
victims.

C) The mechanism for coordination and communication between
the various government authorities on TIP issues is through
the permanent, ministerial level Multi-Sectoral Committee;
established in 2004. Three coordination
meetings were called during the reporting period.

D) The national plan of action against trafficking in persons
2007-2011 has yet to be approved. The MSC worked with IOM to
draft the plan but it is still under review in the legal
office of the Ministry of the Interior

E) The GOP has not taken any measures during the reporting
period to reduce the demand for commercial sex acts.

F) The GOP has not taken any measures reduce international
child sex tourism by nationals of Peru during the rating
period.


G) There is no record that the Ministry of Defense has taken
any measures to avoid participation of Peruvian soldiers in
any actions related to trafficking in persons.

TIP POC at Post is Alexandra Z. Tenny/NAS Programs
Officer. Phone: 511-618-2689; TennyAZ@state.gov; Fax:
511-618-2799

The Following Personnel contributed to the preparation of
this report

- Alexandra Z. Tenny/ NAS Programs Officer/ FS-03
- Maria Eugenia Vizcarra/NAS Demand Reduction Advisor/ FSN-11
- Maureen Nealon/Intern
- Garace Reynard/NAS Deputy Director/ FS-01

This report required approximately 40 hours to complete.
MCKINLEY