The Government of the United States of America (“the United States”) and the Government of the Republic of Peru (“Peru”), hereinafter the “Participants,”
Acknowledging the respective leadership roles and responsibilities of the U.S. Department of State’s Office to Monitor and Combat Trafficking in Persons (TIP Office) and the members of Peru’s Permanent Multisectoral Commission Against Trafficking in Persons and Smuggling of Migrants (Multisectoral Commission), in the fight against human trafficking;
Concerned that the trafficking of children (girls, boys, and adolescents younger than eighteen) poses a harmful and lasting impact on child victims, undermines security and the rule of law, is sometimes linked to organized crime, facilitates corruption, and promotes other illicit economies;
Expressing our shared interest in partnering to improve efforts to combat all forms of child trafficking in Peru and the need for a concerted and well-coordinated response;
Noting Peru’s current and planned efforts related to the implementation of its 2017-2021 National Plan against Trafficking in Persons, its National Action Plan for Children and Adolescents 2012-2021, and the recommendations in the U.S. Department of State’s annual Trafficking in Persons Report to enhance Peru’s effectiveness in prosecuting traffickers, protecting victims, and preventing trafficking in persons;
Recognizing existing and ongoing cooperation between the United States and Peru on matters related to child trafficking, including programs of the U.S. Department of State, U.S. Agency for International Development, U.S. Department of Labor, U.S. law enforcement agencies, and the Memorandum of Understanding Between the Government of the United States of America and the Government of Peru on Cooperation Related to Small-Scale Gold Mining signed on February 16, 2017; and
Desiring to conclude this Child Protection Compact (CPC) Partnership, to work collaboratively in Peru over the next four years to build on the Peruvian state’s strong existing anti-trafficking efforts to achieve improved and sustainable policies and practices to hold perpetrators of child trafficking criminally accountable; identify child victims of trafficking in persons; coordinate the provision of comprehensive protective, repatriation, and reintegration services; and prevent child trafficking from occurring;
Have reached the following understandings:
I. Context for a partnership against child trafficking
A. While Peru has established multisectoral protocols that prescribe the roles of public administration entities in investigating, prosecuting, and punishing human traffickers, protecting victims, and preventing the crime, greater coordination is needed to identify child victims, provide them with shelter and protective care, manage reintegration and/or repatriation, and ensure interventions by justice officials are conducted in a victim-centered manner that prioritizes the wellbeing and protection of victims;
B. The Multisectoral Commission is committed to seeking increased resources for anti-trafficking activities in accordance with the 2017-2021 National Plan against Trafficking in Persons;
C. Peru operates three specialized shelters for child trafficking victims and there are nongovernmental organizations that provide trafficking-specific training to shelter providers in some locations, but all members of the Multisectoral Commission acknowledge the need for a significant increase in specialized protective services for child trafficking victims;
D. Peru has investigated a large number of child trafficking cases, and additional resources are needed to prosecute these cases effectively and convict offenders of these crimes;
E. In instances of complicity of public officials who permit or facilitate trafficking crimes or impede reports, investigations, interventions by justice officials, judicial processes, convictions, or other proceedings, greater efforts are needed to identify, prosecute, and punish such officials;
F. All members of the Multisectoral Commission recognize the importance of prevention, awareness raising, and addressing root causes of child trafficking; several public administration entities conduct programs to raise awareness, prevent child trafficking, and protect and reintegrate child trafficking victims; and
G. Illicit activities such as illegal mining and logging increase the demand for child trafficking in Peru and collaboration in enforcement across sectors will be mutually beneficial.
II. Benefits, Intentions, and Commitments of a CPC Partnership between the United States and Peru
This CPC Partnership between the United States and Peru is a jointly developed and jointly implemented four-year plan intended to strengthen the capacity of the Peruvian state and civil society to address all forms of child trafficking in Peru effectively and thereby strengthen existing efforts to eradicate these crimes. In support of this CPC Partnership, the Participants commit to the following:
A. The TIP Office intends to provide five million U.S. dollars (USD 5,000,000) in foreign assistance to nongovernmental and/or international organizations that will collaborate and cooperate with relevant national Multisectoral Commission members and sub-national authorities and stakeholders in Metropolitan Lima, the region of Loreto, and the region of Cusco, among others, to support implementation of the objectives and activities described in Section IV. U.S. funds will not be provided directly to the Government of Peru. The TIP Office will select implementing partners through a competitive grant application process after the signing of the CPC Partnership and will facilitate communication between implementing partners and participating Peruvian public administration entities.
B. The Government of Peru intends to provide at least eight million soles (PEN 8,000,000) and to increase personnel of the member entities of the Multisectoral Commission, in support of the objectives and activities described in Section IV and other related activities. These entities, as related to their policy and operational responsibilities, will also cooperate with the implementing partners to support the objectives and activities.
III. CPC Partnership Purpose
The purpose of this CPC Partnership between the United States and Peru is to strengthen the efforts of the Peruvian state and civil society to effectively prosecute and convict child traffickers, to provide comprehensive care for child victims of these crimes, and to prevent child trafficking in all its forms.
IV. CPC Partnership Objectives and Activities
Objective 1: Improve the quality of victim-centered investigations and increase the number of effective prosecutions and convictions of child trafficking cases
In order to achieve this objective, the Participants identify the following areas of cooperation and activities at the national and sub-national levels of government:
1.1 Strengthen coordination between justice system officials and victim service providers on implementation of multisectoral protocols for child trafficking cases;
1.2 Improve technical capacity for effective investigations and prosecutions and develop methods that will enable effective, adequate, and timely judicial processes and sentencing in trafficking cases;
1.3 Improve methods for ensuring victim-centered approaches (i.e., providing comprehensive specialized services and prioritizing the protection, security, and wellbeing of the victim in a manner that is gender-sensitive and in the best interest of the child) in interventions by justice officials and criminal justice proceedings, including by increasing the capacity of victim advocates;
1.4 Increase efforts to detect, investigate, criminally prosecute, and punish officials who permit or facilitate trafficking crimes;
1.5 Provide the necessary resources, including logistical support and personnel, as well as capacity building, to enable public administration entities to implement multisectoral protocols effectively and to increase intersectoral coordination; and
1.6 Strengthen and maintain systems to collect, analyze, and report relevant data on complaints, investigations, prosecutions, convictions, reparations, and type of sentencing, including disaggregation by number of defendants, the criminal offense charged, type of exploitation, and age, gender, and place of origin of trafficking victims.
Objective 2: Strengthen state and civil society capacity to identify and provide comprehensive specialized services to more child trafficking victims.
In order to achieve this objective, the Participants identify the following areas of cooperation and activities at the national and sub-national levels of government:
2.1 Improve the quality and strengthen the supervision of comprehensive care for children in state-operated and accredited shelters;
2.2 Expand the availability of temporary shelter centers and specialized shelter spaces for children who are victims of trafficking, including boys and LGBTI (lesbian, gay, bisexual, transgender, or intersex) children;
2.3 Enhance capacity of multidisciplinary teams to coordinate the provision of individualized services, including medical care, short and long-term mental health care, legal assistance, humanitarian visas, repatriation, education, job training, and community reintegration;
2.4 Provide the necessary resources, including logistical support and personnel, as well as capacity building, to enable public administration entities to implement multisectoral protocols effectively and to increase intersectoral coordination;
2.5 Increase capacity of relevant state authorities to identify child trafficking victims, with an increased focus on victims of labor trafficking and domestic servitude, within vulnerable groups and refer suspected victims to appropriate authorities for comprehensive care; and
2.6 Strengthen and maintain systems to collect, analyze, and report relevant data on victims of child trafficking and services provided, including disaggregation by age, gender, place of origin, and type of exploitation.
Objective 3: Increase efforts to prevent child trafficking, including through community- based mechanisms and enforcement of laws and regulations against acts that may facilitate child trafficking
In order to achieve this objective, the Participants identify the following areas of cooperation and activities at the national and sub-national levels of government:
3.1 Expand programs for schools, communities, and families aimed at increasing prevention by informing and sensitizing the public to take appropriate action against child trafficking; reducing social tolerance of the crime; and improving victim reintegration. Ensure such programs utilize culturally appropriate methods and are conducted in the appropriate language;
3.2 Enforce laws and regulations against acts that are known to facilitate child trafficking, such as illegal mining or logging and fraudulent job recruitment; and
3.3 Strengthen and maintain systems to collect, analyze, and report relevant data on prevention activities.
V. Departments, Offices, and Institutions Participating in the CPC Partnership
A. The Government of the United States:
U.S. Department of State
• Office to Monitor and Combat Trafficking in Persons (TIP Office)
The TIP Office leads the United States’ global engagement to combat human trafficking. The Office partners with foreign governments, international organizations, and civil society to develop and implement effective strategies for confronting trafficking in persons, including through targeted foreign assistance implementing the “3P” paradigm: prosecuting traffickers, protecting victims, and preventing trafficking.
• Embassy of the United States in Peru
The mission of the United States Embassy is to advance the interests of the United States, and to serve and protect U.S. citizens in Peru. The Embassy’s goal is to deepen ties of cooperation and understanding between the United States and Peru, through the strengthening of bilateral relations, the promotion of commercial exchange, and also through economic and cultural activities.
The Government of the United States has been working closely in cooperation with the Government of Peru on the resolution of problems of mutual interest, including promoting socially inclusive economic growth; strengthening democratic institutions; respecting human rights; reducing the production and trafficking of illicit narcotics; supporting free trade; fostering poverty alleviation; and promoting hemispheric integration.
Likewise, the Embassy seeks to promote better understanding of the United States, its society, its government and its political patterns, through information and cultural programs that reach all of Peruvian society.
B. The Government of the Republic of Peru
• Permanent Multisectoral Commission Against Trafficking in Persons and Smuggling of Migrants (Multisectoral Commission)
The Multisectoral Commission is chaired by the Ministry of Interior and composed of the Ministry for Women and Vulnerable Populations, Ministry of Foreign Affairs, Ministry of Justice and Human Rights, Public Ministry, Ministry of Education, Ministry of Foreign Trade and Tourism, Ministry of Labor and Promotion of Employment, Ministry of Transportation and Communications, Ministry of Health, Institute for Statistics and Information, and National Ombudsman’s Office, among others. Its function is to propose and monitor norms, policies, plans, strategies, programs, projects, and activities against trafficking in persons at the national level, as well as assign and prioritize resources for their implementation. It works under three strategic axes: prevention of the crime, pursuing accountability of the perpetrators, and attention, protection, and reintegration of the victims.
• Other Peruvian public administration entities, at the national and sub-national government levels, may participate in activities in support of the objectives of the CPC Partnership.
VI. Communications
Communications required under this CPC Partnership will be in writing and submitted to the Point of Contact (POC) designated by the Participants as indicated below. Notice of a change in POC should be provided in writing to the other POC within 30 days of such change. The POCs will facilitate intra and intersectoral communication regarding CPC Partnership activities, monitor progress toward meeting objectives and completing activities set forth in the CPC Partnership, and oversee fulfillment of activities described in Section X.
United States POC:
Name: Kendra Kreider
Title: Senior Advisor
Institution: U.S. Department of State
Office: Office to Monitor and Combat Trafficking in Persons
Email address: kreiderk@state.gov
Telephone: +1-202-312-9651
Peru POC:
Name: Godofredo Miguel Huerta Barrón
Title: Technical Secretary of the Multisectoral Commission and Director General of Democratic Security
Institution: Ministry of Interior of Peru
Office: General Directorate for Democratic Security
Email address: ghuerta@mininter.gob.pe, dgsd@mininter.gob.pe, tratadepersonas@rree.gob.pe
Telephone: +51-1-475-7276,
+51-1-2042400 ext. 3267, 3277, 4683
VII. Effective Date and Limitations
This CPC Partnership will become effective on the date of its signature by designated representatives of each government and will remain effective for four years from that date. TIP Office supported activities will commence before the end of 2017 and extend through 2021. The Participants concur that the development and implementation of enhanced strategies for addressing child trafficking in Peru should be piloted in three locations: Metropolitan Lima, the region of Loreto, and the region of Cusco. Certain activities may be conducted in other locations, such as the regions of Madre de Dios and Puno, among others, with the mutual consent of both Participants that the site is especially suitable or opportune for a specific activity. This Partnership does not constitute an international agreement and does not create any binding obligations between the Participants under either international or domestic law. Activities of each Participant will be subject to budget availability.
VIII. Modification
This CPC Partnership may be modified or extended in writing with the mutual consent of the Participants.
IX. Sustainability
The Participants intend for the policy and operational improvements in Peru’s response to all forms of child trafficking achieved with the support and during the course of this CPC Partnership to continue after the end of this Partnership. Within two years of the signing of this Partnership the Multisectoral Commission will develop a plan for sustaining such improvements.
X. Implementation, Reporting Progress, and Evaluating Impact of the CPC Partnership
A. Representatives of the Participants will jointly develop a Partnership Implementation Plan within six months of the effective date of this Partnership. This will briefly describe the key responsibilities of the Participants and the implementing partners, performance indicators for meeting the objectives of the CPC Partnership, and significant milestones for the implementation timeline. Once the Implementation Plan is developed, the Participants will make their best efforts to execute it as soon as possible. The Implementation Plan, upon its approval, will become an annex to this instrument.
B. The Multisectoral Commission, on behalf of the Government of Peru, will provide semi-annual reports to the TIP Office describing progress toward meeting the objectives and completing the activities of the CPC Partnership, including quantitative and qualitative data corresponding to associated performance indicators.
C. The TIP Office will monitor the progress of implementing partners and progress toward meeting the CPC Partnership objectives and completing the activities of the CPC Partnership. The TIP Office will also support the evaluation of this Partnership, with collaboration from the Participants.
D. The Participants will meet annually to share information and discuss progress toward achieving the objectives and completing the activities of the Partnership.
XI. Resolution of Differences
Any differences that may arise regarding the interpretation or application of this Partnership will be resolved through consultations between the Participants in an amicable manner.
Signed in Lima on June 15, 2017, in four originals, in the English and Spanish languages.
| _________________________________ For the Government of the United States of America |
_________________________________ For the Government of the Republic of Peru |