Code of Conduct Against the Sexual Exploitation of Children and Adolescents (ESNNA) in the Tourism Sector, for Tourism Service Providers.
The Ministry of Foreign Trade and Tourism (MINCETUR) is the governing body for the tourism sector, responsible for promoting, guiding, and regulating it in order to foster its sustainable development.
Article 3 ofLaw No. 29408, the General Tourism Law, establishes the principles governing the tourism sector that must be applied by public administration entities and tourism service providers.
In accordance with Article 44 of the aforementioned Law, MINCETUR has the authority to coordinate, formulate, and propose the issuance of regulations necessary to prevent and combat the commercial sexual exploitation of children and adolescents (ESNNA) in the tourism sector. Likewise, in coordination with the Ministry of Women and Vulnerable Populations and the relevant sectors, it develops and implements nationwide programs and projects related to this issue. The same article states that regional and local governments are obligated to adopt measures to prevent CSEC in the tourism sector within their respective territorial jurisdictions.
In this context, Article 41 of the Regulations of the General Tourism Law, approved bySupreme Decree No. 003-2010-MINCETUR, establishes that among the measures regional governments may adopt to prevent sexual exploitation and abuse of children and adolescents (SEAC) is the signing of commitments or codes of conduct by tourism service providers and other stakeholders in the tourism sector.
In this regard, it should be noted that the provision of tourism services is one of the key components in the development of tourism products and destinations. Accordingly, Article 43 of the General Tourism Law establishes the responsibility of service providers to communicate, disseminate, and publicize the existence of regulations regarding the prevention and punishment of sexual exploitation and abuse of children in the tourism sector.
In this regard, it is necessary to establish a set of principles, standards of conduct, and practices to prevent and combat sexual exploitation and abuse of children in the tourism sector, in order to contribute to the sustainable development of tourism in Peru.
Therefore, the principles set forth in the Code of Conduct against the Sexual Exploitation and Abuse of Children in the Tourism Sector are hereby established for tourism service providers, with particular reference to the legal instruments listed below:
Law No. 30802, a law establishing conditions for the admission of children and adolescents to lodging facilities in order to ensure their protection and well-being.
Law No. 30362, Law elevatingSupreme Decree No. 001-2012-MIMPto the status oflawand declaring the allocation of public resources to ensure compliance withthe National Action Plan for Children and Adolescents (PNAIA) 2012-2021 to be of national interest and a priority.
Law No. 29408, General Tourism Law.
Law No. 28868, a law authorizing MINCETUR to define administrative violations through regulations regarding the provision of tourism services and the classification of lodging establishments, and establishing the applicable penalties.
Law No. 27337, which enacts the New Code for Children and Adolescents.
Supreme Decree No. 001-2012-MIMP, which enacts the“National Action Plan for Children and Adolescents – PNAIA 2012–2021”and establishes a Multisectoral Commission responsible for its implementation.
Supreme Decree No. 003-2010-MINCETUR, approving the Regulations of the General Tourism Law.
Convention on the Rights of the Child. Adopted as an international human rights treaty.
Global Code of Ethics for Tourism of the World Tourism Organization. Adopted by the General Assembly of the World Tourism Organization.
The Code of Conduct aims to establish the foundations of responsible behavior, as well as to reaffirm the principles, duties, and general standards that tourism service providers and their employees must be aware of and comply with, in order to prevent the sexual exploitation of children and adolescents in the course of their activities.
In this context, it seeks to promote the private sector’s commitment to combating the crime of sexual exploitation of minors, within the framework of the National Policy on Mandatory Compliance with the Protection of Children and Adolescents.
This Code applies to tourism service providers listed in Annex No. 1 of“Law No. 29408 – General Tourism Law.”
3.1 The Best Interests of Children and Adolescents Children and adolescents are full holders of rights that must be respected by the family, the State, and society. This principle obligates the State and society to recognize and guarantee the human rights of children and adolescents and gives priority to the best interests of children and adolescents over other interests and considerations(National Action Plan for Children and Adolescents 2012–2021 – Ministry of Women and Vulnerable Populations).
3.2 Children and Adolescents as Holders of Rights This principle emphasizes the status of children and adolescents as full and respected human beings, possessing potential to be developed and holding civil, political, economic, social, and cultural rights that must be recognized simply by virtue of their existence. In this regard, children and adolescents are not considered incapable, in accordance with the provisions of theNational Action Plan for Children and Adolescents.
3.3 Sustainable Tourism Development Tourism should improve the quality of life for local communities and strengthen their social, cultural, and economic development on an equal footing. Therefore, for tourism to be sustainable, it must respect the environment, our culture, and human rights—especially those of children and adolescents. For this reason, we promote the exchange of positive experiences between tourists and visitors, based on respect and equity.
Tourism service providers are required to comply with the obligations set forth inLaw No. 29408—the General Tourism Law—and its implementing regulations approved by Supreme Decree No. 003-2010-MINCETUR, as well as those established inLaw No. 30802 – Law establishing conditions for the admission of children and adolescents to lodging establishments in order to guarantee their protection and integrity, with special diligence in:
a) Maintain a policy of zero tolerance toward child sexual exploitation in the tourism sector, in order to protect children and adolescents from all forms of sexual exploitation perpetrated by domestic or foreign tourists, other tourism service providers, and any other person.
(b) No tourism service provider shall promote or permit child sex trafficking in its establishments.
c) Not to allow children or adolescents to enter the rooms or units of lodging establishments unless they are accompanied by one or both parents, a guardian, or a responsible adult, duly certified by the competent authority or with documentation proving the legal or judicial relationship between them; or, failing that, with written authorization bearing a notarized signature. In accordance with the requirements for guest admission established in the Regulations for Lodging Establishments or the provision that serves as its substitute.
d) Immediately report to the competent authority any incident related to ESNNA or any other criminal offense of which they become aware in the course of their duties.
e) Inform and train staff on the company’s policy regarding the prevention of sexual exploitation and abuse of children in the tourism sector.
f) Refrain from featuring, either explicitly or implicitly, situations related to child sex trafficking in tourism promotion programs and tourism plans, and refrain from directing tourists, either directly or through third parties, to establishments or locations where child sex trafficking occurs.
g) Display in a visible location within your establishment the informational materials on the prevention of sexual exploitation and abuse of children and adolescents, designed by MINCETUR in accordance with the provisions of theThird Final Supplementary Provision of Law No. 30802, which establishes conditions for the admission of children and adolescents to lodging establishments in order to ensure their protection and safety.
h) Submit an annual report detailing the actions taken to prevent ESNNA. This information must be submitted to the offices of theRegional Directorate of Foreign Trade and Tourism (GERCETUR) or the Regional Directorate of Foreign Trade and Tourism (DIRCETUR) of thecorresponding Regional Government; and within the Metropolitan Area of Lima, to MINCETUR, via email: prevencionesnna@mincetur.gob.pe.
Tourism service providers must disseminate laws, regulations, internal policies, manuals, and other information they deem relevant regarding the prevention of sexual exploitation and abuse of children and adolescents (ESNNA) among their employees, in accordance with Article 43 of the Regulations of the General Tourism Law, approved bySupreme Decree No. 003-2010-MINCETUR. Likewise, they shall inform their staff and suppliers or contractors of the obligation to comply with the policies contained in this document, in order to prevent ESNNA in the tourism sector.
Regional governments, through the relevant DIRCETUR or GERCETUR office, will oversee the adoption of the Code of Conduct by all tourism service providers, which will be evidenced by the signing of the Affidavit of Mandatory Adoption, approved by MINCETUR.
Monitoring compliance with the provisions of this Code shall be the responsibility of the GERCETUR or DIRCETUR at the regional level, and of the General Directorate of Tourism Development Policies of MINCETUR within the Metropolitan Area of Lima.
Violations of the provisions of this Code will be subject to administrative sanctions, as appropriate, in accordance with applicable law. Any administrative sanctions that may be imposed do not exempt the tourism service provider from criminal liability, as provided for in the Peruvian Criminal Code.
