CODE OF CONDUCT ESNNA AGAINST SEXUAL EXPLOITATION OF GIRLS, BOYS AND ADOLESCENTS (ESNNA) IN THE FIELD OF TOURISM, FOR TOURIST SERVICE PROVIDERS

Ministerial Resolution on the Code of Conduct ESNNA, resolution against sexual exploitation of girls and adolescents in the tourism industry for tourism service providers in Peru.

PREAMBLE

The Ministry of Foreign Trade and Tourism (MINCETUR) is the governing body of tourism activity, responsible for promoting, guiding and regulating it, in order to promote its sustainable development.

Law No. 29408, General Tourism Law, establishes in article 3, the principles of tourism activity that must be applied by public administration entities and tourism service providers.

In accordance with the provisions of Article 44 of the aforementioned Law, MINCETUR has the authority to coordinate, formulate and propose the issuance of regulations required to prevent and combat the Commercial Sexual Exploitation of Children and Adolescents (ESNNA) in the field of tourism. It also prepares and executes, in coordination with the Ministry of Women and Vulnerable Populations and the sectors involved, the programs and projects of national scope related to this problem.

The same article indicates that regional and local governments have the obligation to adopt measures to prevent ESNNA in the field of tourism, in their respective territorial districts.

In this framework, Article 41 of the Regulations of the General Law of Tourism, approved by Supreme Decree No. 003-2010-MINCETUR, establishes that, within the actions that regional governments can adopt for the prevention of ESNNA, is the signing of commitments or codes of conduct by providers of tourist services and other actors linked to tourism.

In this regard, it is noted that the provision of tourism services is one of the main components for the development of tourism products and destinations. In light of this, the General Law on Tourism establishes, in its article 43, the responsibility of service providers to communicate, disseminate and publish the existence of regulations on the prevention and punishment of ESNNA in the field of tourism.

In this regard, it is necessary to establish a set of principles, conducts and practices that allow preventing and combating ESNNA in the field of tourism, in order to contribute to the sustainable tourism development of Peru.

Therefore, the principles developed in the Code of Conduct against ESNNA in the field of tourism are established for providers of tourism services, referring particularly to the legal instruments listed below:

• Law No. 30802, Law that establishes conditions for the entry of girls, boys and adolescents to lodging establishments in order to guarantee their protection and integrity.
• Law No. 30362, Law that elevates Supreme Decree No. 001-2012- MIMP to the rank of Law and declares the allocation of public resources to guarantee compliance with the National Action Plan for Children and Adolescents-PNAIA 2012-2021 to be of national interest and of preferential attention.
• Law No. 29408, General Tourism Law.
• Law No. 28868, Law that authorizes MINCETUR to classify infractions through regulations regarding the provision of tourist services and the qualification of lodging establishments and establishes the applicable sanctions.
• Law No. 27337, which approves the New Code for Children and Adolescents.
• Supreme Decree No. 001-2012-MIMP, which approves the “National Action Plan for Children and Adolescents – PNAIA 2012-2021” and establishes the Multisectoral Commission in charge of its implementation.
• Supreme Decree No. 003-2010-MINCETUR, which approves the Regulations of the General Law of Tourism.
• Convention on the Rights of the Child. Approved as an International Human Rights Treaty.
• World Tourism Organization Global Code of Ethics for Tourism. Approved by the General Assembly of the World Tourism Organization.

I. OBJECTIVE

The Code of Conduct aims to establish the bases of responsible behavior, as well as to reaffirm the principles, duties and general standards that tourism service providers and their workers must know and comply with, in order to prevent ESNNA in the performance of their activities.

In this context, it seeks to promote the commitment of the private sector in the fight against the crime of sexual exploitation of minors, within the framework of the National Policy of Mandatory Compliance for the Protection of Children and Adolescents.

II. SCOPE

This Code is applicable to providers of tourist services included in Annex No. 1 of “Law No. 29408 – General Law of Tourism”.

III. PRINCIPLES

3.1 The best interests of girls, boys and adolescents Girls, boys and adolescents are full subjects of rights that must be respected by the family, the State and society. This principle obliges the State and society to recognize and guarantee the human rights of girls, boys and adolescents and gives preeminence to the best interests of children and adolescents over other interests and considerations (National Action Plan for Children and Adolescents 2012-2021 – of the Ministry of Women and Vulnerable Populations).

3.2 Girls, boys and adolescents as subjects of rights This principle highlights the status of girls, boys and adolescents as complete and respected human beings, possessors of potential to develop and holders of civil, political, economic, social and cultural rights that must be recognized for the mere fact of existing. In this sense, girls, boys and adolescents are not considered incapable; in accordance with the provisions of the National Action Plan for Children and Adolescents.

3.3 Sustainable development of tourism Tourism activity must improve the quality of life of local populations and strengthen their social, cultural and economic development, on equal terms. Therefore, for tourism to be sustainable, it needs to respect the environment, our culture and human rights, especially those of girls, boys and adolescents, for this reason we encourage the enjoyment of an exchange of positive experiences between tourists and visitors, based on respect and equity.

IV. OBLIGATIONS

The tourist service provider is obliged to comply with the obligations established in Law 29408 – General Law of Tourism and its Regulations approved by Supreme Decree No. 003-2010-MINCETUR; as well as those obligations established in Law No. 30802 – Law that establishes conditions for the entry of girls, boys and adolescents to lodging establishments in order to guarantee their protection and integrity, putting special diligence in:

a) Maintaining an ethical policy of rejection against ESNNA in the field of tourism, in order to protect girls, boys and adolescents from all forms of sexual exploitation caused by national or foreign tourists, other tourist service providers and any other person.

b) No tourist service provider will promote or allow ESNNA in its establishments.

c) Not to promote or allow the entry of children and adolescents to the rooms or apartments of lodging establishments without the company of one or both parents, guardian or responsible party, duly accredited by the competent authority or with documentation that demonstrates the judicial or legal relationship that exists between them or, failing that, with authority granted in writing and with a signature legalized by a notary. In accordance with the requirements for the entry of guests established in the Regulations for Lodging Establishments or the provision that takes its place.

d) Immediately report to the competent authority any fact related to ESNNA or any other criminal offense of which they become aware in the development of their activity.

e) Inform and train staff on the company's policy regarding the prevention of ESNNA in the field of tourism.

f) Refrain from offering, expressly or surreptitiously, situations related to ESNNA in tourism promotion programs and tourism plans, as well as refrain from directing tourists, directly or through third parties, to establishments or places where ESNNA is practiced.

g) Place in a visible place in their establishment the information material on the prevention of ESNNA, designed by MINCETUR in accordance with the provisions of the Third Final Complementary Provision of Law No. 30802, Law that establishes conditions for the entry of girls, boys and adolescents to lodging establishments in order to guarantee their protection and integrity.

h) Submit an annual report reporting the actions carried out within the framework of the prevention of ESNNA. This information must be sent to the offices of the Regional Management of Foreign Trade and Tourism - GERCETUR or the Regional Directorate of Foreign Trade and Tourism - DIRCETUR of the corresponding Regional Government; and in the area of ​​Metropolitan Lima, to MINCETUR, through the email: prevencionesnna@mincetur.gob.pe.

V. DISSEMINATION, SUBSCRIPTION AND MONITORING

5.1 Dissemination: The tourism service provider must disseminate the laws, regulations, internal provisions, manuals and other information that it considers relevant in the prevention of ESNNA among its workers, in accordance with article 43 of the Regulations of the General Law of Tourism approved by Supreme Decree No. 003-2010-MINCETUR. Likewise, it will inform its staff and suppliers or contractors about the duty to comply with the policies contained in this document, in order to prevent ESNNA in the field of tourism.

5.2 Subscription: Regional Governments, through the corresponding DIRCETUR or GERCETUR, will manage the subscription of the Code of Conduct by all tourism service providers, which will be accredited with the signature of the Mandatory Subscription Affidavit, approved by the MINCETUR.

5.3 Monitoring: Monitoring compliance with the duties of this Code will be the responsibility of the GERCETUR or DIRCETUR at the regional level; and at the Metropolitan Lima level, the responsibility of the General Directorate of Tourism Development Policies of the MINCETUR.

VI. NON-COMPLIANCE

Failure to comply with the provisions of this Code will be sanctioned administratively, as appropriate, in accordance with current legal regulations. The administrative sanctions that may be applied do not exempt the tourism service provider from any criminal liability that may arise, in accordance with the provisions of the Peruvian Penal Code.