LESOTHO LACKS RESOURCES TO COMBAT HUMAN TRAFFICKING

UNCLAS SECTION 01 OF 02 MASERU 000400

SIPDIS

E.O. 12958: N/A
TAGS: PHUM PGOV KCRM LT
SUBJECT: LESOTHO LACKS RESOURCES TO COMBAT HUMAN TRAFFICKING


MASERU 00000400 001.2 OF 002



1. SUMMARY. Human Trafficking in Lesotho is not as high
profile as it is in other countries and the problem appears to
be relatively small in comparison to the situation in some other
countries in the region. There is a concern among some Basotho,
however, particularly those who work with women and children,
that trafficking is going unreported and unnoticed. The police
force that handles trafficking incidents receives very few
reports. It is unclear whether this is entirely because of a
small number of cases, or whether some trafficking is going
undetected. Regardless, Lesotho lacks the resources and
knowledge to combat trafficking. Law enforcement is stretched,
border patrols are inadequate, and the country has high
unemployment -- factors that make the country susceptible to
trafficking. Most importantly, Lesotho lacks the appropriate
laws to counter human trafficking. To help prevent trafficking
from becoming a major problem, several steps should be taken.
One effective measure, according to those in the field, is to
get legislation in place that would deal with this issue.
Concurrently, there needs to be an awareness campaign to educate
Basotho, particularly women and children, on trafficking. Post
has requested funding through Economic Support Funds (ESF) to
assist in programs to increase awareness of trafficking. END
SUMMARY.
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FEW CASES REPORTED AND PROSECUTED
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2. The Lesotho Mounted Police Service - Child and Gender
Protection Unit (CGPU) is the agency tasked with collecting data
on trafficking and processing reports. Yet there are very few
cases that are reported to the police involving trafficking. In
three years, only two possible cases have been reported and
investigated. In 2002, five Basotho girls were recruited for
baby-sitting jobs in London by a group of Nigerians. Two of the
women, who actually made it to London, reported that when they
arrived their passports were taken away. The two women also
reported that they were treated poorly and never paid. They
managed to flee and return to Lesotho. The other three women
never actually made it to London. A Senior Inspector of the
CGPU reported that the men involved in this case were never
found. In a second case, in 2003, one Basotho man abducted a
South African boy to work in Lesotho as a herd boy for no pay.
When a third party reported this case, the man was charged with
kidnapping because there was no law against trafficking. When
offered the option to serve jail time or pay a fine a common
provision for punishment for many crimes in Lesotho, he opted
for the latter.
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LACK OF RESOURCES
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3. Law enforcement is stretched too thin in Lesotho. The CGPU
lacks adequate training and resources and no specific budget is
allocated to this unit. The government does not currently
provide any specialized training for border police in how to
recognize, investigate, or prosecute instances of trafficking.
Furthermore, there is little collaboration among agencies on
trafficking (i.e. police, prosecutors, the Ministry of Justice).

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OPPORTUNITY FOR TRAFFICKING
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4. Lesotho is a country vulnerable to trafficking for two main
reasons: high unemployment and lax border patrol. Currently the
rate of unemployment is at least 35%, which prompts many Basotho
to search for jobs in neighboring South Africa. Trafficking
into South Africa could be particularly easy because some of the
borders are open for 24 hours, and night border patrol is
especially slack. Lesotho is completely surrounded by South
Africa; borders are porous and vulnerable to illegal crossings.
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LACK OF LEGISLATION
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5. Currently, there is no in Lesotho that directly addresses
the problem of exploitative migration. The Child Protection and
Welfare Bill is to be reviewed by parliament this year, but this
legislation, as indicated by its name, only protects children
(age 18 and under). The bill, if enacted and implemented, would
provide a legal framework for addressing trafficking of children
for exploitation. However, there is no legislation in draft or
in place that would protect women against trafficking.
Furthermore, there is also the problem of defining human
trafficking in law. For example, many Basotho women migrate to
South Africa voluntarily with the promise of getting good jobs.
Traffickers could easily deceive women with promises of good
jobs and normal wages and gain consent of their victims.
Enacting legislation is important because Basotho would then be
assured that trafficking is a crime punishable under the law,
thereby providing the opportunity for increased reporting and
punishment commensurate with the crime.

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LACK OF CULTURE OF LAW
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6. There is concern among some, for example, Lesotho Children's
Counseling Unit (LCCU),an NGO that deals with orphaned and
vulnerable children, that even with legislation in place to

MASERU 00000400 002.2 OF 002


prosecute traffickers, reporting of trafficking will not
necessarily increase. Observers at Habitat for Humanity, point
to the lack of culture of law in Lesotho. Historically, and
even today, people bring their problems and disputes to the
local chief. Unfortunately, trafficking is a problem that
chiefs cannot tackle without government regulation and civil
law. Yet, while there may be laws on the books, many Basotho
are not yet "rights conscious." Moreover, victims of
trafficking, usually women and children, are less likely to be
aware that the actions of traffickers are illegal and should be
reported. As in many countries, women and children may be too
ashamed or too frightened to report the incident, and even if
reported, their cases are seldom taken seriously.
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AWARENESS CAMPAIGN
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7. An important first step to address this problem, in the
opinion of many, including this post, is an awareness campaign.
Basotho, especially women and children, need to be educated on
their rights. The GOL and NGOs should make a concerted effort
to disseminate information that outlines the seriousness of
human trafficking. If more Basotho were educated to the effect
that trafficking is a crime, which may be punishable under the
law, maybe more cases would be reported. While there is
currently no government-funded awareness campaign, there has
been action coming from civil society. Last month, the Law
Reform Commission held workshops to educate parliamentarians on
the Child Protection and Welfare Bill and why it needs to be
passed. The Commission also held a seminar with local NGOs in
an effort to inform the community in Sesotho of the Bill. The
coordinator for Women in Law in Southern Africa (WLSA),argues
that violence against women is a key human rights issue, and
therefore there needs to be a national campaign to educate women
of this country about their rights.


8. Post has advocated for an awareness campaign and has applied
for two Economic Support Funds (ESF) grants. One proposal,
entitled Public Awareness and Capacity Building for Lesotho
Stakeholders, Civil Society and NGOs on Trafficking in Persons,
would produce campaign products and target vulnerable segments
of society. The objective is to expose Basotho to international
perspectives on trafficking, in terms of rule of law,
legislation, border protection, prevention, prosecution, and
victim protection. The program would include public outreach
via the media and trained community liaisons into the villages,
mountains and urban settlements to inform and educate on
combating trafficking in Lesotho. Post was also included in an
application by Embassy Pretoria for an ESF grant to sponsor an
outreach program that would involve several Southern African
countries, in recognition that fighting trafficking needs to be
a collaborative effort among countries. The objective would be
to expose citizens of Lesotho, Swaziland, Botswana, and South
Africa to a U.S. perspective on combating trafficking, and to
help develop a dialogue among these countries regarding this
issue.
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COMMENT
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9. Due to a lack of resources and awareness in the country, it
is very difficult to conclusively describe the magnitude of the
problem of human trafficking in Lesotho. Post believes that
the problem is relatively small. However, it is evident that
Lesotho lacks the awareness and resources to combat trafficking,
or to prevent the possibility of it becoming a serious problem
in the future. It is important that the Child Protection and
Welfare Bill be passed, but there also needs to be legislation
to protect women against trafficking. Post will continue its
efforts to encourage passage of such laws. Increasing public
awareness of trafficking is also essential, hence post's pending
requests to assist in such efforts.



This cable was drafted by State Department Intern Jennifer
Norris.







ALBRECHT