Identifier
Created
Classification
Origin
05ACCRA1644
2005-08-16 10:35:00
UNCLASSIFIED
Embassy Accra
Cable title:  

GOG APPROVES ANTI-TRAFFICKING BILL

Tags:  PREL GH 
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This record is a partial extract of the original cable. The full text of the original cable is not available.
UNCLAS SECTION 01 OF 02 ACCRA 001644 

SIPDIS

PLEASE PASS TO G/TIP, JOHN LYLE IN INL AND DAVID BUCHHOLZ
IN LEGAL

E.O. 12958: N/A
TAGS: PREL GH
SUBJECT: GOG APPROVES ANTI-TRAFFICKING BILL

UNCLAS SECTION 01 OF 02 ACCRA 001644

SIPDIS

PLEASE PASS TO G/TIP, JOHN LYLE IN INL AND DAVID BUCHHOLZ
IN LEGAL

E.O. 12958: N/A
TAGS: PREL GH
SUBJECT: GOG APPROVES ANTI-TRAFFICKING BILL


1. Summary: With the July 28 passage of an anti-human
trafficking law, the GOG is striving to overcome its
downgrade to Tier 2 in our annual Trafficking in Persons
(TIP) report and regain its reputation as a regional leader
on human rights. This legislation marks the culmination of a
protracted effort to put some muscle into Ghana's
anti-trafficking stance. Hopes are that the new law will
discourage trafficking in persons because of its stiff
penalties -- the minimum sentence will be five years in
prison. End Summary.

--------------
Passage of the Law
--------------


2. Parliament's action on the last day of its session
overcame bureaucratic infighting that delayed passage of the
bill for three years. Rivalry between the Ministries for
Manpower, Youth and Employment (MMYE) and Women and
Children's Affairs (MOWAC) had stalled the legislation as
each vied to be the lead agency on TIP. In late June, Grace
Coleman, a sitting MP and former Deputy Finance Minister who
has been indicted on TIP charges by a U.S. court, attempted
to create opposition to the bill at a sensitization workshop
for 45 Parliamentarians. Coleman argued that the bill would
make criminals of well-intentioned Ghanaians who merely send
their children to live with better off relatives. As late as
July 27, some MPs objected to the bill's provision for
prosecuting parents who permit their children to be
trafficked. Yet the following day not a single MP voted
against the bill.

-------------- --------------
The Long Road to Passage - USG Involvement Was Crucial
-------------- --------------

3. In concert with the Office to Monitor and Combat
Trafficking in Persons (G/TIP),post played an important role
in passing the bill. For months, Embassy officials pressed
for passage in meetings with GOG leaders from President
Kufuor to the Speaker of Parliament, the Minority Leader and
Deputy Majority Leader, Cabinet members and other
stakeholders. On June 3 post held a digital video conference
to inform journalists, NGO representatives and GOG officials
that Ghana had dropped to Tier 2 in our annual Trafficking in
Persons (TIP) report. On July 14 the PolChief gave testimony
in support of the bill and suggested minor amendments on
behalf of G/TIP before Parliament's Committee on Gender and
Children. G/TIP's input influenced the Committee to restrict
the legislation's scope to TIP involving coercion and

exploitation, and to exclude people-smuggling, an act in
which the smugglees are willing participants. An Embassy
presence in Parliament throughout its readings made clear the
USG's interest in its passage.


4. The Minister of MOWAC Hajia Alima Mahama, who credits her
Humphrey Fellow experience in gender studies at Rutgers
University with giving her the confidence to stand for
office, was particularly skillful in mobilizing stakeholders,
sensitizing her fellow MPs and building consensus to overcome
cultural resistance to the bill. As a parliamentary
memorandum explained, traffickers exploit the "...common
practice for parents to give away their children to be looked
after by relatives and friends on request. This is an
age-old practice which under present economic circumstances
has degenerated to children being sold or mortgaged by their
parents under false pretenses."


5. President Kufuor is expected to sign the bill within 21
days of its delivery to the President's Office by the
Attorney General. That will bring to an end an era during
which traffickers could be prosecuted only under lesser
offenses in Ghana's Criminal Code of 1960, such as abduction
and kidnapping. In addition to penalties for physically
removing a child, traffickers will now be subject to
prosecution if they aid, abet or arrange the crime. And
traffickers will no longer be able to use the consent of a
parent or guardian to the child's removal as a legal defense.


6. The new bill calls for a minimum of five years'
imprisonment, even for intermediaries. It also charges the
MMYE's Department of Social Welfare with responsibility for
rescue, temporary shelter, counseling, family tracing and
skills training for victims. The bill also gives the MMYE
responsibility for managing a Human Trafficking Fund to
finance these activities. In turn, the bill puts the MMYE in
charge of a 17-member Human Trafficking Board composed of all
relevant ministries, the security services, the private
sector and other stakeholders.

--------------
G/TIP OUTREACH TO GOG
--------------


7. On July 29, G/TIP Africa Reports Officer Rachel Yousey and
PolOff conducted a press conference in Accra with 30
journalists to praise the GOG's passage of the bill. Yousey's
remarks received ample coverage on both of Ghana's television
networks, several radio programs and newspapers. Yousey and
EmbOffs met MPs Esther Obeng Dappah, the chairwoman of the
Committee on Gender and Children, and the deputy ranking
member, Juliana Azumah-Mensah, who discussed the cultural
concerns the Committee had to overcome. The Committee plans
to visit sending and destination communities in the fall to
promote public awareness of the new law.
--------------
MEETINGS WITH MOWAC
--------------


8. On July 29, Minister Mahama and Yousey explored ways in
which G/TIP could assist MOWAC's capacity building efforts.
Mahama asked if Yousey could either return to Ghana for a
two-day training seminar in the autumn when the Trafficking
Board was in place, and post suggested Yousey could
participate alternatively via DVC depending on the program's
length. Mahama indicated she would seek Highly Indebted Poor
Country (HIPC) funds to establish the trafficking fund and
board. Other MOWAC officials later said a USG grant of
$10,000 or less to cover the board's annual operating costs
or to initiate the fund would help the Ministry to begin
implementation of the law.


9. On August 1, Ambassador Yates paid a farewell call to
Mahama in which the Minister inquired about Ghana's prospects
for returning to Tier 1 status in our annual report. The
Ambassador said if the law is credibly implemented, Ghana's
efforts would be well-regarded when G/TIP issues its 2006
report.

--------------
LAW ENFORCEMENT TRAINING
--------------


9. Through some high profile public events, the USG has been
able to immediately follow up passage of the bill with
contributions to Ghana's efforts to combat human trafficking.
On August 1 Ambassador Yates signed an agreement with
Minister of Interior Papa Owusu Ankomah to provide $250,000
in training and assistance to better enable Ghana's police
and judiciary to investigate and prosecute human traffickers.
Some 20 journalists covered the signing ceremony.



10. On July 18 ICITAP instructors Bob Coburn and Darryl
McEachern began training 30 Ghana Police instructors as part
of an 18-week program that covers human rights, gender
relations, domestic violence, and an 8-hour TIP module. On
August 5, MOWAC Deputy Minister J.B. Danquah Aidoo committed
to providing subject matter experts on TIP and domestic
violence to assist ICITAP in tailoring its program for Ghana.
Officials at Ghana Police's Women and Juvenile Unit agreed to
disseminate the TIP training to its nearly 200 officers
nationwide.

--------------
COMMENT
--------------


11. Comment: MOWAC scored an important political victory as
the lead advocate of the anti-TIP bill but was disappointed
that control over implementation was awarded to MMYE. We
will monitor implementation and discourage unhelpful
bureaucratic infighting that could dull the impact of this
vital legislation.
YATES