US embassy cable - 05ASUNCION1416

UNCLAS SECTION 01 OF 02 ASUNCION 001416 
 
SIPDIS 
 
STATE PASS TO USAID FOR LAC/AA 
LABOR FOR IPM/OFR LAUARA BUFFO 
LABOR FOR IRO TINA FAULKNER 
LABOR FOR IRO SHARON HELLER JORDAN 
 
E.O. 12958: N/A 
TAGS: PGOV, PREL, PHUM, SOCI, KOCI, PA 
SUBJECT: CHILD PORNOGRAPHY IN PARAGUAY 
 
 
1. This is an action request. See paragraph 11. 
 
2. SUMMARY: Abuse and neglect of Paraguayan children is a 
constant problem in the country. The number of complaints of 
mistreated children has increased in recent years with the 
sexual abuse and exploitation of children cited as the main 
problems, along with the growing problem of child 
pornography. There are only two recent cases of child 
pornography that have acquired national attention, but the 
reality is that very little data is available on the actual 
number of children involved. Government agencies have not 
been effective protecting children due to a lack of 
Constitutional and legislative protections.  NGO's and 
various agencies back new legislation to criminalize child 
pornography which backers introduced to Congress in October 
with the hope it will be adopted before the end of this year. 
END SUMMARY 
 
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The Constitution 
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3. The Paraguayan Constitution and the Paraguayan legal code 
provide little protection for children. According to UNICEF, 
there is no law that criminalizes pornography, whether the 
pornography depicts adults or children. The Penal Code 
criminalizes the use of children in prostitution, but does 
not directly penalize the sale, possession of child 
pornography, or use of children in pornography. This 
exacerbates the problem authorities face in prosecuting 
individuals involved in child pornography. 
 
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An NGO View on Child Pornography 
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4. According to the NGO Global Infancia, sexual abuse and 
exploitation are still taboo subjects in Paraguay.  There is 
very little sex education in the school system, and recent 
attempts at reforming the curriculum was unsuccessful. 
Although it is evident to NGO observers that commercial 
sexual exploitation of children is increasing in the country, 
very little data is available on the actual number of 
children involved. 
 
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National Secretariat for Children and Adolescents 
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5. The 2001 Child and Adolescent Law created a National 
Secretariat for Children and Adolescents and required 
 
SIPDIS 
municipalities to create a new office to promote the rights 
of children and adolescents. The Secretariat, although funded 
by the government, has not been entirely effective. Resources 
for medical treatment and counseling are limited. The lack of 
resources also prevents periodic follow-up in the weeks and 
months after the incidents of child abuse have taken place. 
However the lack of resources has not prevented the number of 
municipalities with Child and Adolescent offices increasing 
from 60 to approximately 120 since 2001. 
 
6. According to the Secretariat, the exploitation of children 
through prostitution and pornography is a recent but fast 
growing problem in Paraguay. Until very recently, child 
pornography was completely unknown or ignored in Paraguay 
among judges, police officers, child welfare institutions and 
NGO,s.  The general public perception is that the reported 
cases of child pornography are isolated incidents, and the 
general consensus is that child pornography is not a problem 
in Paraguay. This may reflect public ignorance, unwillingness 
to face unpleasant development, wishful thinking or a 
reactionto the fact that while increasing, the problem is 
smaller than in larger countries. 
 
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Legislation against Child Pornography 
------------------------------------- 
 
7. The Secretariat for Children and Adolescents along with 
the help of local NGO,s, sponsored a bill criminalizing all 
aspects of child pornography. The bill was introduced to the 
Senate in March 2005. POLOFF met with Senator Bader Rachid 
Lichi and Deputy Rafael Filizzola to discuss the status of 
the child pornography bill. Senator Rachid the Chairman of 
the Legislation Committee, noted that while some minor 
technical issues had prevented the bills adoption to date, he 
was optimistic that the bill would pass in the Senate before 
the end of this year. Under this bill, those convicted would 
be subject to a maximum penalty of 12 years in prison for the 
use of children in pornography. Deputy Filizzola, who is a 
member of the Legislation Committee in the Chamber of 
Deputies, was also optimistic about the adoption of the bill 
in the Senate and believe that once the bill came to the 
Chamber of Deputies it would have the votes necessary to pass 
into law. 
 
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Mom and Dad No Help Either 
-------------------------- 
 
8. The Xiscatti case is one of the most egregious cases in 
Paraguay regarding the use of children in pornography. In 
this case, a photographer signed supposed modeling contracts 
with the parents of the children. The parents had full 
knowledge that their children would be photographed nude. The 
pictures were exhibited on an Internet website that could 
only be accessed by paying a fee. According to current 
Paraguayan law, none of the aforementioned activities 
constitutes a crime.  It does, however, constitute a 
"transgression against good morals of society", for which the 
photographer only had to pay a minimal fine. 
 
9. A more recent case that attracted national attention 
occurred in February 2005, when two Scandinavian nationals 
were captured minutes before leaving the country on charges 
of child prostitution. The police found in their luggage 
filming materials and pornographic videos and photographs of 
nude children. According to prosecutor Clara Ruiz Diaz, the 
individuals had arrived in Paraguay to obtain sufficient 
material to later commercialize in Europe through the 
Internet. The two individuals were charged with the crime of 
prostituting minors, but not for the use of children in 
pornographic videos and photographs because this is not a 
crime in Paraguay. The trial is set to start in late November 
2005. 
 
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How the USG Can Help 
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10. The Secretariat for Children and Adolescents is open to 
help from the USG in providing training for public employees. 
Senator Rachid suggested that an expert in the field of child 
pornography could organize training workshops to educate 
prosecutors, judges and public servants. With funding from 
Washington, Post could contact local NGO,s and the GOP to 
develop a national public awareness campaign, and encourage 
the GOP to establish shelters, counseling programs, and 
medical treatment to assist victims. According to local 
NGO's, victims of child pornography are not receiving any 
such assistance from the government. 
 
11. ACTION REQUEST: Post requests that State Department 
consider identifying funds to bring an expert in the field of 
child pornography to conduct training workshops for Senators, 
Prosecutors, Judges and officials from the Secretariat of 
Children and Adolescents to promote prevention, protection of 
victims, and prosecution of those implicated in child 
pornography. 
JOHNSON