ZIMBABWE ANTI-TRAFFICKING IN PERSONS REPORT

UNCLAS SECTION 01 OF 07 HARARE 000252 SIPDIS SIPDIS SENSITIVE DEPARTMENT FOR G/TIP, AF/S, AF/RSA, G/INL, DRL, PRM, IWI NSC FOR SENIOR AFRICA DIRECTOR C. COURVILLE USAID/AFR/SA FOR E. LOKEN E.O. 12958: N/A TAGS: PHUM SMIG ASEC PREF ELAB ZI KWMN KFRD SUBJECT: ZIMBABWE ANTI-TRAFFICKING IN PERSONS REPORT REF: STATE 3836 -------------- Overview -------------- ¶1. (SBU) Zimbabwe is a country of origin and transit for trafficked persons. This year there were also two cases of girls trafficked to Zimbabwe from South Africa. Most of the information about the scope of trafficking remains anecdotal, however, the government and the police investigate and track trafficking cases. The government is also showing increasing interest in protection of victims, awareness raising, and investigation of trafficking cases. The government lacks the funds to carry out most of these activities itself but cooperates with efforts by the International Organization for Migration (IOM),UNICEF, and NGOs on these activities, and government officials and the state media make statements in private and public about the dangers of trafficking. Zimbabwean law prohibits many trafficking activities. However, although various ministries and legislators have shown interest in drafting one, a comprehensive anti-trafficking law has yet to be enacted. Moreover, despite some positive signs, conditions such as economic hardship, a growing number of HIV/AIDS orphans, and a government campaign against ostensibly unlicensed homes and businesses placed increasing numbers of individuals, especially children, at risk of exploitation. ¶2. (SBU) Trafficking victims in Zimbabwe appear to be largely children and young adults experiencing economic hardship and seeking a better life. Reports of trafficking included anecdotes from NGOs of Zimbabwean girls exchanging sex for passage across the South African border, Zimbabweans--usually women--being lured out of the country with false job promises, children being sexually abused by immigration officials of neighboring countries during deportation from Botswana and South Africa, women and children transiting through Zimbabwe to South Africa primarily from Malawi and Zambia, children working as domestic or agricultural workers in Zimbabwe, children trafficked from rural areas into cities for prostitution, and employers demanding sex from undocumented Zimbabwean workers in South Africa, both adults and children, under the threat of deportation. Unions and NGOs also report that child labor is on the rise. ¶3. (SBU) The Victim Friendly Unit (VFU) of the Zimbabwe Republic Police (ZRP) investigates and tracks cases of suspected trafficking. The Criminal Investigative Division (CID) of the ZRP has added human trafficking to its crime charts but has not recorded any prosecutions to date. There were 26 persons identified as trafficking victims by the VFU: two cases of minor girls abducted from South Africa and trafficked to Zimbabwe for domestic servitude, 2 cases of minor girls from the Democratic Republic of Congo being trafficked through Zimbabwe for unknown purposes, and 22 cases of persons trafficked from Zimbabwe to Zambia, South Africa, China, and Egypt for domestic servitude or prostitution. Of the 22 cases trafficked from Zimbabwe, 6 were teenage girls (one was 18; the others were minors),15 were adult women, and 1 was an adult male. The persons trafficked from Zimbabwe were lured by promises of jobs or scholarships. IOM reports that there is evidence in some of these cases, particularly in the case of the girls transited from the DRC, that there are large and well-organized trafficking rings involved. ¶4. (SBU) In addition to these 26 cases, police investigated HARARE 00000252 002 OF 007 possible trafficking cases of an additional 10 persons whose situation was unclear. ONE was a family of four children whose father took them from Zimbabwe to South Africa under suspicious circumstances; the children all returned to Zimbabwe. The second was a case of 6 Eritreans (2 men and 4 girls) traveling from South Africa through Zimbabwe to China and ultimately to the UK. They were turned back by immigration officials in China and returned to Zimbabwe. The six had refugee status in South Africa and ultimately returned there. It is unclear if the case was migrant smuggling or trafficking, and it is unclear if all six were migrants or if the two men were handlers. ¶5. (SBU) Because numbers of trafficking victims have only begun to be tracked by police recently, it is unclear if any of the cases identified represent new patterns of trafficking. ¶6. (SBU) The government is giving increasing attention to the problem of trafficking. In the area of prevention, the state media continues to feature stories warning Zimbabweans of employment scams and gender-based exploitation. The government has social services that address the needs of at-risk children and works with other organizations that run such programs. In the area of prosecution of traffickers, the police are actively investigating trafficking cases, most prominently an alleged ring of traffickers sending girls, who believe they are getting modeling jobs, to China for prostitution. Government officials have shown interest in introducing an anti-trafficking law to parliament this year. Police and immigration officials attended training to improve awareness of trafficking in persons. In the area of protection of victims, the Ministry of Public Service, Social Welfare, and Labor is working with an NGO to run a center near the border town of Beitbridge to assist deported children to return to their homes, including counseling for those who are victims of sexual exploitation and with the IOM to establish a larger facility closer to the border that will address the needs of all deportees. ¶7. (SBU) An October 2005 study by the Employers, Confederation of Zimbabwe (EMCOZ) found that child labor continues to increase. The study, which was conducted at two tea estates in the Eastern Highlands, found that more than 20% of the workforce at the estates was composed of children. The study found that economic hardship due to the deteriorating economy, higher school fees, which are now unaffordable for many families, and the increase in child-headed households with no other income, contribute to the rise in child labor. The General Agriculture and Plantation Workers, Union (GAPWUZ) also said there is a shortage of farm workers willing to accept the low wages offered, leaving jobs open for desperate children. GAPWUZ reports that, although agricultural employers often offer schooling to child employees, attendance at the schools is sporadic, because the children usually work first and are often too tired for school in the afternoon. Worker,s unions and children,s rights organizations regularly denounce the use of child labor, and the press publishes reports highlighting the issue. ¶8. (SBU) There are occasional reports of forced labor by new owners of expropriated commercial farms, but these reports are not fully corroborated. ¶9. (SBU) UNICEF reported that the growing number of HIV/AIDS orphans increased the risk for sexual abuse and exploitation. ¶10. (SBU) The government placed many of its citizens at HARARE 00000252 003 OF 007 increased risk for exploitation with its urban demolition campaign, which it dubbed "Operation Restore Order." Tens of thousands of people remain homeless or in economic distress in the wake of the operation, which demolished supposedly illegal homes and businesses. Many children were forced to leave school due to uncertain living conditions and relocation far from their schools. Police rounded up street children and took them to orphanages and juvenile detention centers. Local NGOs say the situation has left these persons potentially vulnerable to trafficking in persons. -------------- Prevention -------------- ¶11. (SBU) The government acknowledges that trafficking is a problem in the country. The VFU of the ZRP (under the Ministry of Home Affairs),a unit that deals with children,s and sexual abuse cases, has the lead on investigation and tracking of trafficking cases and referral of victims to support services. The Department of Social Welfare (in the Ministry of Public Service, Labor, and Social Welfare) also has several programs for children at risk. The Department of Immigration (in the Ministry of Home Affairs) monitors borders and ports of entry for possible traffickers and victims. The Ministry of Information clears advertisements that are part of the International Organization for Migration,s awareness campaign. The government generally has a good relationsQp with international organizations and many NGOs on trafficking-related issues, although some NGOs report lack of cooperation from local authorities in some areas of the country, and the government,s campaign of repression against perceived regime critics has affected some NGOs working on trafficking issues. ¶12. (SBU) The issue of trafficking in persons is getting increasingly high-level attention in Zimbabwe. In discussions with IOM on a reception center for persons deported from South Africa, two cabinet ministers, who were initially unconvinced of the need for government action against trafficking in persons, traveled to the border to investigate the issue of trafficking and concluded that it was a national crisis when they observed how many returnees from South Africa had stories of being exploited at some point during their migration. IOM also reported that a minister agreed to help introduce anti-trafficking legislation to parliament. ¶13. (SBU) The state-run media continues to print or air messages about crackdowns on migrant smugglers and warning the public about false employment scams, underage and forced marriages, and prostitution. The government also cooperated with an IOM awareness campaign on irregular migration, which included messages about trafficking in persons. IOM placed awareness messages with the government-sponsored media and established a Safe Migration website. IOM also established a hotline that continues to receive many inquiries and reports from the public. ¶14. (SBU) The government has several programs to support children in groups at high risk for trafficking and child labor. The government has a National Plan of Action (NPA) for Orphans and Vulnerable Children (OVC). Under the NPA, the government identifies critical areas for support and acts as a framework for relevant government agencies, NGOs and international organizations, and other donors who meet regularly to discuss plans and programs. Objectives of the NPA are to strengthen coordination for OVC programs, increase HARARE 00000252 004 OF 007 the percentage of children with birth certificates (who are then able to access social services),increase school enrollment and retention, and increase access to food and basic services. In addition to coordinating with the many efforts of NGOs, international organizations, and donors, the government supports the NPA through the Basic Education Assistance Module (BEAM--which pays school fees and related expenses including books and uniforms for some underprivileged children and AIDS orphans),a mobile birth registration program to increase issuance of birth certificates, and other social services. ¶15. (SBU) The government also supported other programs, such as a children,s home funded by the Government of Canada, which provides both formal schooling and vocational training to street children and orphans, who are deemed at high risk of becoming victims of child labor and trafficking in persons. The Department of Social Welfare also supported an initiative from Save the Children Norway called Light the Children,s Path, which established community-based support programs for orphans and vulnerable children around the country. Working with the rural district councils and Social Welfare and with the support of other NGOs, international organizations, and other donors, Save the Children Norway established pilot programs in eight districts around the country. As part of the program, in Beitbridge, at the border with South Africa, the rural district council hired a child protection officer and established a child protection committee. ¶16. (SBU) Police and immigration officials at Harare International Airport, border posts, and cities near borders participated in anti-TIP training provided by the IOM and Interpol. IOM also brought in a border protection consultant to train immigration officials and install computers to improve immigration controls. -------------- Investigation and Prosecution -------------- ¶17. (SBU) Although government officials have shown interest in introducing anti-trafficking legislation to parliament in the coming year, Zimbabwe has no law comprehensively prohibiting trafficking in persons. There have been no prosecutions in the cases police identified as trafficking, but some of these cases are still under active investigation. Government officials participated in training provided by IOM and Interpol. The government also participates in a regional working group on trafficking in persons. There is no evidence of any government involvement in or tolerance of trafficking at any level. There is no known child sex tourism problem. The government has ratified three ILO conventions related to trafficking in persons. ¶18. (U) Trafficking-related crimes are currently addressed under other legislation, primarily the Sexual Offences Act, the Children,s Protection and Adoption Act, and the Immigration Act. These laws criminalize transporting people across the border for sex, corruption of children and allowing children to reside in or to frequent a brothel, allowing children to consort with or be employed by prostitutes, and forgery of travel documents. The constitution provides that &no ONE may be held in slavery or servitude or be made to perform forced or compulsory labor.8 In addition, the common law prohibits abduction and forced labor. HARARE 00000252 005 OF 007 ¶19. (U) Penalties for rape and exploitation remain the same as last year. Corruption of children is punishable by a fine, up to two years in prison, or both. Sexual exploitation of children, inside or outside of Zimbabwe, is a crime, but there is no specified penalty in the legislation. Instead, the presiding magistrate decides sentencing. Incarceration is mandatory for convictions for rape or forcible sexual assault, but there is no minimum penalty. Sentences usually vary from four years to fifteen years, depending on the Qrcumstances of the crime. ¶20. (U) Prostitution is illegal in Zimbabwe, and the activities of prostitutes, brothel owners, pimps, and clients are criminalized. Procuring a person for prostitution, inside or outside of Zimbabwe, is punishable by a fine, up to ten years in prison, or both. ¶21. (SBU) To date, there have been no prosecutions of traffickers in any of the cases identified by police as trafficking cases, although the government does prosecute individuals for crimes related to migrant smuggling, such as theft of passports, improper granting of visas, and creation of fraudulent documents. IOM reports that prosecution of foreigners is constrained by a requirement to deport prohibited persons within two weeks of arrest, leading to fines and deportations for suspected foreign traffickers. For example, in ONE case a Zambian national was trafficking two girls from the DRC through Zimbabwe when staff at the hotel they stopped at became suspicious and alerted the police. Before police could fully investigate the crime, immigration required that he be deported. The Criminal Investigative Division (CID) of the ZRP investigates alleged traffickers but is hampered by the lack of a specific anti-trafficking law with which to charge suspected traffickers. Officials from international organizations also report that sometimes law enforcement officials are less enthusiastic to investigate crimes against non-Zimbabwean victims. ¶22. (SBU) The police have investigated each of the 36 cases of known or suspected trafficking identified. Some of these cases are still being investigated, and police cannot share details of the investigation. In ONE case where young adults were trafficked for prostitution to China where they believed they would have modeling jobs, the assistant commissioner of the Law and Order division of the ZRP was personally tasked with pursuing the case. It is not clear if the traffickers in most of these cases are members of large, international crime syndicates or freelance operators, but IOM believes there is evidence in at least ONE case of an organized trafficking ring. ¶23. (SBU) There were no reports of requests of extradition from Zimbabwe to other countries. There were no reports of requests from other governments for cooperation in investigation and prosecution of trafficking cases. There were no reports of Zimbabweans charged with trafficking in other countries. The government has extradition treaties with countries in the region. Government officials participate in a regional working group on anti-TIP issues and attended regional meetings and workshops. The working group has made no progress toward a regional plan of action. ¶24. (U) There is no known child sex tourism problem. Sections of the Sexual Offences Act that pertain to children apply to Zimbabweans' activities outside of the country. Specifically, a Zimbabwean engaging in activities that, under the SOA, are deemed exploitation of children, conspiracy to HARARE 00000252 006 OF 007 exploit children, or inciting another person to exploit children can be prosecuted under the SOA regardless of the location of the activities. ¶25. (SBU) The government ratified ILO Convention 182 on December 11, 2000. The government ratified ILO Conventions 29 and 105 on August 27, 1998. The government has not signed the Optional Protocol to the Convention on the Rights of the Child on the sale of children. The government has not signed the Protocol to Prevent, Suppress and Punish Trafficking in Persons, but the Ministry of Home Affairs is reportedly working on getting the government to sign this protocol. -------------- Protection and Assistance to Victims -------------- ¶26. (SBU) Although the government does not have funding for protection of victims, the government cooperates with international organizations and NGOs to assist victims. The ZRP has a mechanism for referring victims of trafficking to victim support and for pursuing criminal cases. The government has also cooperated in the establishment of two reception centers near the border with Africa, to deal with returning Zimbabweans. ¶27. (SBU) The government assists victims by working with international organizations and NGOs. Whenever any government official, usually police, becomes aware of potential trafficking victims, the official alerts the Victim Friendly Unit (VFU) of the ZRP, which then alerts IOM. Some victims come to IOM,s attention first because they are referred by IOM in another country, in which case IOM alerts the VFU. VFU officers and IOM jointly interview the victim and refer him or her to shelter, HEALTH care, counseling, and reintegration services paid for by IOM and provided by IOM,s NGO partners. The VFU refers information about Zimbabwean traffickers to the Criminal Investigative Division (CID) of the police to investigate. At least six of the victims identified by police have received these services. Foreign victims of trafficking are offered relief from deportation while they receive victim support services and while their cases are being investigated. ¶28. (SBU) In addition to this mechanism, the government has cooperated in the establishment of two centers at or near the town of Beitbridge on the border with South Africa. Save the Children Norway (SCN) funds a reception center for children deported from South Africa. Some of these children may be victims of trafficking. All are provided with food, shelter, health care, counseling, and assistance with returning home and reintegrating into their communities. SCN reports that the mechanism for bringing children to the center is not functioning smoothly, because local authorities, who bring the children to the center, are not always aware when children are about to be deported. The second center is an IOM reception center to provide services for all returnees. IOM has recently completed construction and will inaugurate the center in March. The center will include counselors who can identify and support trafficking victims. ¶29. (SBU) The government also cooperated with efforts by UNICEF and a local NGO, Streets Ahead, to provide counseling and reunification services for street children referred to orphanages or juvenile detention centers. Many of these children were rounded up during the government,s urban demolition campaign. HARARE 00000252 007 OF 007 ¶30. (U) There are no reported prosecutions of traffickers, but any such prosecutions would take place in the Victim Friendly Courts, special courts that are designed to deal with children,s cases and cases of domestic violence. Magistrates and prosecutors in these courts receive special training in dealing with victims, and the victims are physically shielded from the alleged perpetrators during court sessions. ¶31. (SBU) Police and immigration officers who participated in IOM-Interpol training in 2005 in several cases were able to identify victims of trafficking, and understood the mechanism for referring the victims to the VFU and IOM,s victim support services as a result of the training. ¶32. (SBU) IOM, UNICEF, Save the Children Norway, and Save the Children UK work with trafficking victims through local NGO partners. NGOs include Connect (training for counselors of abuse victims),Childline (children,s crisis hotline), Streets Ahead (counseling and shelter for children),Girl Child Network (shelter, skills building, and counseling for abused girls),Musasa Project (shelter and counseling for domestic abuse and trafficking victims),and The Center (counseling for HIV/AIDS patients). ¶33. (SBU) Girl Child Network is the target of frequent harassment by the government, including a raid on a shelter for girls in 2005. Save the Children Norway reports that the relationship with local authorities varies by location. In some areas, officials are difficult to work with because they deny any problem exists. In other areas, officials are very cooperative. In Beitbridge, local officials set up a child protection committee to deal with trafficking of children and other children,s issues. IOM and UNICEF report generally good cooperation from the government. -------------- Contact Information -------------- ¶34. (U) Post point of contact for trafficking in persons is Bianca Menendez; office phone 263-4-250-593, extension 291; fax 263-4-253-000; e-mail menendezbe@state.gov. The estimated hours spent per officer in preparation of this report are as follows: polasst 3 hours, poloff 45 hours, USAID officer, 3 hours, polchief 5 hours, DCM 1 hour review, AMB 1 hour review. SCHULTZ