E/CN.4/2005/85/Add.4
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76.
The Special Rapporteur welcomes the initiatives taken by the Ministry of Foreign
Affairs and the Ombudsman’s Office to protect Peruvian emigrants and hopes that they
will help remedy and eliminate discriminatory treatment in Peruvian consular offices. She
acknowledges the efforts made by both institutions to promote and protect the human
rights of Peruvian emigrants.
77.
The Andean Labour Migration Instrument seems an appropriate framework for
finding solutions to the problems currently generated by migratory pressures on the
border with Ecuador.
78.
The efforts of the Peruvian State are still inadequate to deal with the smuggling of
migrants and trafficking in persons. What is needed is an institutional structure that is
capable of combating these forms of crime and ensuring that the perpetrators are brought
to justice.
79.
The Special Rapporteur observed the professionalism of the senior officials of the
Department of Migration and Naturalization but believes that its human and material
resources need to be strengthened in order to improve its activities in migration control,
the detection of counterfeit passports and the provision of in-service training courses for its
personnel. The Special Rapporteur urges the National Registry of Identity and Civil Status
to continue its initiatives to ensure that no part of the population, including internally
displaced persons and their children, is undocumented. The Special Rapporteur considers
that it is important to develop a system of documentation for minors. The work done by
the National Registry, which, according to information provided by the Government, is in
the initial stages of providing all Peruvian children with a national identity document, is a
step in the right direction.
80.
The international definition of trafficking in persons also includes the exploitation of
the prostitution of others or other forms of sexual exploitation, forced labour or services,
slavery or practices similar to slavery, servitude or the removal of organs. For this reason
she recommends that the Criminal Code should be brought into line with the definition of
trafficking contained in the Protocol to Prevent, Suppress and Punish Trafficking in
Persons, Especially Women and Children. The Working Group on Trafficking in Women
and Children should be given periodic information originating in places where this type of
criminal activity is observed and should draw up programmes to protect and support
victims. The Special Rapporteur considers that the presence of women in the Working
Group will ensure gender equity.
81.
The Special Rapporteur would like to express her profound concern at the grim
prison conditions of foreigners in Peru, which in her opinion violate human rights
principles and standards. It is of prime importance that essential medicines should be
supplied and prescribed for serious illnesses and first aid, along with effective legal
assistance, upgraded electrical systems in prisons and fire extinguishers in the different
buildings. Consular offices should assist their fellow citizens who are deprived of liberty
in Peru, protect their rights and draw up programmes for legal assistance and the