ANNEX I
CODE OF CONDUCT AGAINST THE SEXUAL EXPLOITATION OF CHILDREN AND ADOLESCENTS (CSEC) IN THE TOURISM SECTOR FOR TOURISM SERVICE PROVIDERS
PREAMBLE
The Ministry of Foreign Trade and Tourism (MINCETUR) is the governing body for tourism activity in Peru, responsible for promoting, guiding, and regulating it in order to encourage its sustainable development.
Law No. 29408, the 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 Article 44 of the aforementioned law, MINCETUR is empowered to coordinate, formulate, and propose the issuance of regulations required to prevent and combat the Commercial Sexual Exploitation of Children and Adolescents (CSEC) in the tourism sector. It also develops and implements, in coordination with the Ministry of Women and Vulnerable Populations and the sectors involved, national programs and projects related to this issue.
The same article stipulates that regional and local governments are required to adopt preventive measures against CSEC within the tourism sector in their respective territorial jurisdictions.
In this context, Article 41 of the Regulations of the General Tourism Law, approved by Supreme Decree No. 003-2010-MINCETUR, establishes that among the actions regional governments may adopt to prevent CSEC is the signing of commitments or codes of conduct by tourism service providers and other actors involved in tourism.
It is emphasized that the provision of tourism services is one of the key components for the development of tourism products and destinations. In light of this, Article 43 of the General Tourism Law establishes the responsibility of tourism service providers to communicate, disseminate, and publish the existence of regulations on the prevention and punishment of CSEC in tourism.
Accordingly, a set of principles, behaviors, and practices is to be established to prevent and combat CSEC in the tourism sector, contributing to the sustainable tourism development of Peru.
Therefore, the principles developed in the Code of Conduct against CSEC in the tourism sector for tourism service providers are established, making specific reference to the following legal instruments:
Law No. 30802, which establishes conditions for the entry of children and adolescents into lodging establishments to ensure their protection and integrity.
Law No. 30362, which elevates to the status of law Supreme Decree No. 001-2012-MIMP and declares the allocation of public resources for the implementation of the National Action Plan for Children and Adolescents (PNAIA) 2012–2021 a matter of national interest and priority attention.
Law No. 29408, General Tourism Law.
Law No. 28868, which empowers MINCETUR to define infractions via regulation in matters of tourism service provision and lodging establishment ratings, and sets applicable sanctions.
Law No. 27337, which approves the new Code of Children and Adolescents.
Supreme Decree No. 001-2012-MIMP, which approves the “National Action Plan for Children and Adolescents – PNAIA 2012–2021” and establishes a Multisectoral Commission in charge of its implementation.
Supreme Decree No. 003-2010-MINCETUR, which approves the Regulations of the General Tourism Law.
United Nations Convention on the Rights of the Child, adopted as an International Human Rights Treaty.
Global Code of Ethics for Tourism from the World Tourism Organization, adopted by its General Assembly.
I. OBJECTIVE
The objective of this Code of Conduct is to establish the foundation for responsible behavior and reaffirm the principles, duties, and general rules that tourism service providers and their employees must understand and follow to prevent CSEC in the course of their activities.
In this context, it seeks to promote private sector commitment in the fight against the crime of sexual exploitation of minors, in line with the National Mandatory Policy for the Protection of Children and Adolescents.
II. SCOPE
This Code applies to tourism service providers listed in Annex No. 1 of Law No. 29408 – General Tourism Law.
III. PRINCIPLES
3.1 The best interests of children and adolescents
Children and adolescents are full holders of rights that must be respected by families, the State, and society. This principle obliges both the State and society to recognize and guarantee their human rights, giving 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 rights holders
This principle emphasizes that children and adolescents are complete human beings, respected and recognized as holders of civil, political, economic, social, and cultural rights by virtue of their very existence. Therefore, children and adolescents are not to be considered incapable, as established in the National Action Plan for Children and Adolescents.
3.3 Sustainable tourism development
Tourism activity must enhance the quality of life of local populations and support their social, cultural, and economic development under equal conditions. For tourism to be sustainable, it must respect the environment, culture, and human rights—especially those of children and adolescents—while fostering the enjoyment of positive experience exchange between tourists and locals, based on respect and equity.
IV. DUTIES
Tourism service providers are obligated to comply with the duties set forth in Law No. 29408 – General Tourism Law and its Regulation (Supreme Decree No. 003-2010-MINCETUR), as well as those established by Law No. 30802, which governs the entry of children and adolescents into lodging establishments to ensure their protection and integrity, paying special attention to:
a) Maintaining an ethical policy of zero tolerance toward CSEC in tourism, to protect children and adolescents from any form of sexual exploitation encouraged by domestic or foreign tourists, other service providers, or any other individual.
b) Not promoting or permitting CSEC within their establishments.
c) Not allowing entry of children or adolescents into hotel rooms or apartments unless accompanied by one or both parents, a legal guardian, or an authorized person, with proper documentation proving legal or judicial relationship, or with a notarized letter of authorization.
d) Immediately reporting to the competent authorities any known instances of CSEC or other criminal activity encountered during their operations.
e) Training and informing staff about the company’s policy on CSEC prevention in tourism.
f) Refraining from including in promotional programs or tourism packages, either explicitly or implicitly, any content related to CSEC, and from directing tourists to establishments or locations where CSEC is practiced.
g) Displaying CSEC prevention informational material provided by MINCETUR in a visible place, in accordance with the Third Final Supplementary Provision of Law No. 30802.
h) Submitting an annual report detailing actions taken in CSEC prevention to the respective Regional Office of Foreign Trade and Tourism (GERCETUR or DIRCETUR), or in the case of Lima, directly to MINCETUR at: prevencionesnna@mincetur.gob.pe.
V. DISSEMINATION, SUBSCRIPTION, AND MONITORING
5.1 DISSEMINATION
Tourism service providers must disseminate laws, internal regulations, manuals, and any other relevant information regarding CSEC prevention to their employees, in accordance with Article 43 of the Regulation of the General Tourism Law (Supreme Decree No. 003-2010-MINCETUR). They must also inform their staff, providers, and contractors of their obligation to comply with the policies in this Code to prevent CSEC in tourism.
5.2 SUBSCRIPTION
Regional governments, through their respective DIRCETUR or GERCETUR offices, will manage the signing of the Code of Conduct by all tourism service providers, which shall be formalized via the Mandatory Subscription Affidavit approved by MINCETUR.
5.3 MONITORING
Monitoring compliance with the duties in this Code will be the responsibility of GERCETUR or DIRCETUR at the regional level, and in Metropolitan Lima, of the Directorate General for Tourism Development Policies at MINCETUR.
VI. NON-COMPLIANCE
Non-compliance with the provisions of this Code will be subject to administrative sanctions, as applicable under current legislation. These administrative sanctions do not exempt the tourism service provider from any corresponding criminal liability, in accordance with the Peruvian Criminal Code.