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legislation on behalf of this group of people and establish cultural centres to be known as
“Casas del Perú”. In the opinion of the chairman of the Foreign Affairs Committee, the advisory
councils and the Casas del Perú could set up charitable associations to make sure that Peruvians
living in poverty abroad did not find themselves neglected, as the emergency fund of the
Ministry of Foreign Affairs had proved inadequate. The chairman of the Committee considered
that in the future it might be proposed to tax remittances to offset the lack of State resources for
dealing with such cases. He also expressed concern at high consular fees17 and pointed out that
the earnings of consulates under this heading were not published. Lastly, the Foreign Affairs
Committee had apparently found evidence that Peruvian nationals were receiving unfavourable
treatment at the front desk in Peruvian consulates and that when they were the victims of abuses
they did not dare to report them.
Smuggling of immigrants
40.
The Department of Migration and Naturalization, in conjunction with the Aliens Police,
plays a significant role in breaking up criminal networks of migrant-smugglers who use Peru
en route to the United States, and contributes to preventing trafficking in children by detecting
false documents.18
41.
The consular authorities of various countries that are destinations for Peruvian emigrants
explained to the Special Rapporteur the difficulties caused by the use of false documents in
applications for entry visas to their countries. The false documents detected in consular offices
included passports, contracts, diplomas and birth certificates. Monitoring mechanisms had been
introduced for that reason, including fingerprinting or the checking of personal data with banks,
which made it possible to collaborate with the Peruvian authorities in combating the smuggling
of migrants.
42.
Article 303-A of the Criminal Code provides for prison sentences of between one and
four years for “any person who unlawfully organizes, promotes, encourages or facilitates the
entry to or exit from the country of third parties for the purpose of obtaining a pecuniary
advantage for himself or for another person”. The Code provides for prison sentences of
between four and eight years if the offence is committed by an official or public servant with
responsibility for the administration and control of migration or if the conditions of transport
jeopardize the physical or mental safety of the person who is the object of the trafficking.
43.
The Special Rapporteur, however, was informed that since this criminal classification
came into force no criminal charges had been brought by the Public Prosecutor’s Office or
criminal proceedings initiated in this regard, and that no one had been convicted of smuggling
migrants. The Special Rapporteur was also informed about places in Lima and Tacna where
false documents could be easily obtained.
Trafficking in persons
44.
The Special Rapporteur observed that major progress has been made in devising an
institutional and legislative framework to combat trafficking in persons. In 2004, a special
section was set up in the National Police Criminal Investigation Department to investigate and