DEMOCRATIC REPUBLIC OF THE CONGO 2006 TRAFFICKING

UNCLAS SECTION 01 OF 04 KINSHASA 000339

SIPDIS

SENSITIVE

STATE FOR G/TIP, G, INL, DRL, PRM, IWI, AF/RSA
STATE PLEASE PASS USAID FOR AID/W/AFR - KO'DONNELL

E.O. 12958: N/A
TAGS: KCRM PHUM KWMN SMIG KFRD ASEC PREF ELAB CG
SUBJECT: DEMOCRATIC REPUBLIC OF THE CONGO 2006 TRAFFICKING
IN PERSONS REPORT

REF: STATE 03836


1. (SBU) American Embassy Kinshasa provides the following
information in accordance with reftel instructions.
Responses are keyed to reftel,s numbered paragraphs (21-24).

Begin responses:

(21) Overview of country's activities to eliminate
trafficking in persons:


A. The DRC is not a major country of origin, transit, or
destination for international trafficked men, women, or
children.

The final year of the Congolese transition government,
established following five years of civil war, focused
largely on moving the DRC toward the first free national
elections in more than forty years. Two optional six-month
extensions of the transitional period, from July 1, 2005 to
December 31, 2005, and from January 1, 2006 to June 30, 2006,
were enacted, and a referendum approving a new constitution
took place successfully on December 18, 2005. The country is
now moving toward full national and provincial elections
prior to the mandatory June 30 end of the transition.

Thousands of indigenous and foreign armed groups remain in
the eastern DRC provinces of Orientale, Katanga, North Kivu,
and South Kivu, however. There is nominal government control
over these provinces, but members of the armed groups are
still able to perpetrate violent acts against the population.
The Congolese military (FARDC) now has six integrated units
that have, in the past six months, worked with the UN Mission
to the Congo (MONUC) to neutralize these armed groups.
Despite these actions and the increased security provided by
UN troops in the eastern part of the DRC, large swaths of
territory remain unstable. It is in these areas that the
continuing abduction of men, women, and children by armed
groups takes place, albeit at a much reduced rate from
previous years. The transitional government's top priority,
after ensuring democratic elections, is removing these armed
groups.


B. Trafficking in persons, according to the definitions
provided by G/TIP, is not a problem in the DRC. Citizens in
the DRC are, on the contrary, abducted by armed groups
outside of government control in a region of, at best,
political and military instability, and at worst, outright
violent conflict. Abductions in the DRC are internal and
occur primarily in the eastern provinces. Male and female
children captured as soldiers, women abducted as sex slaves
or "war wives," and men and women kidnapped as porters by
armed groups are the predominant categories. There are no
reliable statistics on the number of abduction victims by the
armed groups. The transitional government, MONUC, and NGO
officials agree that the number of abductions has declined,
although many people abducted in previous years are still
being held. Only one case of "traditional" trafficking in
persons activity has been reported -- near the Zambian
border. (Note: The occasional "disappearance" of Congolese
citizens in Europe following illegal migration has also been
reported, but not confirmed, as trafficking. End note.)
Additionally, prostitution exists throughout the country and
may involve girls under the legal age of consent. All
documentation on abductions and prostitution in the DRC comes
from local and international NGOs working in the country.

(Note: In 2005, there were numerous well-publicized
allegations against MONUC personnel (civilian and military)
of sexual abuse and frequenting prostitutes. In the past
year, however, MONUC implemented a zero tolerance policy
prohibiting sexual relations with Congolese nationals for all
staff. All reported cases are investigated, and members of
the MONUC mission in violation of the policy have been sent
back to their home countries, and in some cases, prosecuted.
End note.)


C. Given the transitional government's financial, military,
and political inability to deal with armed groups, its
capacity to address abduction -- a problem almost entirely
consequent of these armed groups -- is very limited despite
the government's strong desire to do so. The enormous size
of the country (equivalent to Western Europe),coupled with a
complete lack of infrastructure (there are virtually no roads
outside of major cities) and an ineffective army pose
enormous monitoring challenges. The DRC is one of the
poorest nations in the world, with an average lifespan of 43
years, and an estimated 38,000 people dying of hunger,
illness, or violence each month. The country cannot pay its
police, military, or civil servants sufficiently nor on a
regular basis. The transitional government lacks the
resources not only to aid victims but also to provide
security and basic services to its citizens. In the face of
such overwhelming problems, the limited actions the
transitional government has been able to take toward
eliminating abductions are understandable.


D. The transitional government does not systematically
monitor the anti-trafficking efforts of its various
ministries, although the ministries themselves record their
own efforts. The Ministry of Human Rights collects
information from national and international organizations
registered with it.

(22) Prevention:


A. The transitional government acknowledges that armed groups
abduct civilians. The transitional government is also aware
of one case of Congolese citizens trafficked to Zambia.


B. The Ministries of Justice and Human Rights and the
demobilization agency CONADER are involved in anti-abduction
efforts. None is officially designated a lead agency.


C. Due to lack of funding, there have been no government-run
anti-trafficking information or education campaigns.
However, staff from the Ministry of Human Rights attended an
anti-trafficking conference in 2003 and have developed an
educational program they would like to implement but cannot
without donor assistance.


D. The transitional government continues to move toward
integration and professionalization of its troops with the
intention of using them to neutralize armed groups. A
unified and effective military would also be able to secure
porous borders. There are several donor-financed programs
(including from the USG) to enable children, particularly
girls, to remain in school.


F. Transitional government officials work with NGOs to assist
former child soldiers and victims of sexual violence in
receiving treatment and reintegrating into society.


G. The transitional government does not regularly monitor
immigration and emigration patterns for evidence of
trafficking, as border controls are very weak throughout the
country. Law enforcement agencies do not screen for
potential trafficking victims but have recently begun human
rights and professionalization training.


H. The transitional government does not have a mechanism for
coordination and communication between various agencies on
trafficking-related matters. It does not have a trafficking
in persons working group or single point of contact. The
Parliament has created a public corruption committee called
the Lutundula Group. The transitional government is composed
of former belligerents who rarely cooperate or coordinate on
most issues.


J. The transitional government does not have a national plan
of action to address trafficking in persons. The Ministries
of Justice and Human Rights have taken specific actions on
the issue and have worked directly with NGOs that are
assisting them in their efforts.

(23) Investigation and Prosecution of Traffickers:


A. The DRC does not have a law specifically prohibiting
trafficking in persons. However, the Ministry of Justice is
currently working with the French government to revise its
penal code to include specific laws against trafficking,
modeled on French laws. (Note: The Ministry was unable to
provide details on these revisions as they are still in
progress, so it is not yet clear whether the laws will cover
both internal and external forms of trafficking. End note.)
They anticipate completing the project in September and
submitting legislation to the newly-elected Parliament in
late 2006 or 2007 for consideration. Prior to the elections
in the first half of 2006, which will mark the end of the
transition, the National Assembly and Senate will not
consider newly introduced legislation. There are laws
against slavery and prostitution in the country, but the
government lacks funding to distribute copies of the national
penal code (one thick volume) to the 2,500 magistrates
throughout the country and are seeking international
assistance to do so.


B. There are no current laws or penalties for traffickers of
people for sexual or labor exploitation.


C. Rape or forcible sexual assault is punishable by 5-15
years imprisonment. Rape of a minor by a person in a
position of power (e.g., a priest or teacher) is punishable
by a minimum of 20 years. Rape resulting in death (not
uncommon in the DRC) is punishable by the death penalty.
There are no specific penalties for sex trafficking.


D. Prostitution is statutorily illegal as are the activities
of prostitutes, brothel owners/operators, clients, pimps, and
enforcers. Law enforcement and judicial authorities are
rarely able to enforce existing laws due to lack of
personnel, funding, and the instability engendered by
continuing armed group activity in the east. Much of the
prostitution involves only individual women trying to earn
enough money to survive. Local-level law enforcement
officials regularly use laws against underage persons in
drinking establishments to close down potential or actual
brothels.


E. The transitional government has not prosecuted any cases
against traffickers.


F. Armed groups are behind the abduction of civilians. In
the sole reported case of external trafficking (see also
paragraph I below),the traffickers were presumed to be
freelance operators. (Note: Two women took a group of
children across the border into Zambia where they were
stopped by Zambian officials. Although it is assumed the
children were being "trafficked," there is no information on
their intended destination or regarding the purpose of their
abduction. End note.) There is no evidence of small crime
groups or large international organized crime syndicates
working as traffickers in the DRC. There is no evidence of
employment, travel, or tourism agencies or marriage brokers
fronting for traffickers or crime groups to traffic
individuals. There are no reports of government involvement
in the abduction of civilians in the past year, nor are there
any reports of government involvement in external
trafficking. Any profits acquired through abduction (e.g.
ransom) are used by armed groups to fund their continued
military actions.


G. The transitional government does not actively investigate
cases of trafficking.


H. The transitional government has no funding to provide
specialized training to government officials on the specifics
of particular crimes, including trafficking.


I. In the only known case of external trafficking, in which
several Congolese children were taken to Zambia by two
Congolese women, the DRC Embassy to Zambia fully cooperated
with the Zambian government in quickly repatriating the
children to the DRC. The transitional government did not
assist in the investigation or prosecution of the case due to
lack of resources.


J. The transitional government has not extradited anyone
charged with trafficking in other countries. The government
has not extradited its own nationals charged with such
offenses as no such cases have been brought forward.


K. There is no government tolerance of trafficking. However,
the government is wholly incapable of stopping the abduction
of civilians by armed groups.


L. There is no evidence of government involvement in
trafficking, and no officials have been prosecuted for such
activity.


M. The DRC does not have a child sex tourism problem.


N. The government has signed and ratified all of the
following international instruments:

ILO Convention 182; ratified June 20, 2001
ILO Convention 29 and 105; ratified June 20, 2001
Optional Protocol to the CRC; ratified March 5, 2001
Protocol on Trafficking; ratified March 5, 2001

(24) Protection and Assistance to Victims:


A. The transitional government assists former child soldiers
through the CONADER demobilization process by providing
temporary housing and vocational training. Legal, medical,
and psychological services as well as health care facilities
are also provided by NGOs.


B. The transitional government has no funding to support
either foreign or domestic NGOs for services to victims.


C. NGOs work with government officials to monitor, locate,
and assist victims, particularly demobilized child soldiers.


D. There continues to be social stigmatization of women who
have been abducted as sex slaves. The almost complete lack
of a functioning judicial system in the DRC means that
victims and criminals rarely see the inside of a courtroom.


E. The transitional government cannot encourage victims to
assist in the investigation and prosecution of trafficking
because civil and criminal justice systems throughout the
country are very weak. There is no victim restitution
program.


F. The transitional government is unable to provide
protection for victims and witnesses. (Note: The
transitional government is unable to provide sufficient
security to all its own citizens to prevent their abduction
by armed groups in the first place. End note.)


G. The transitional government is unable to provide any
specialized training to government officials on trafficking
and victim assistance, either internally or at its embassies
abroad, due to a complete lack of resources.


H. There have been no reported cases of repatriated nationals
who are victims of trafficking in the DRC.


I. In the eastern provinces where most abductions by armed
groups have occurred, numerous local NGOs supported by
UNICEF, Save the Children, and CARITAS work with former child
soldiers. (Note: The USG provides funding to several of
these NGOs. End note.) These NGOs provide shelter, basic
literacy education, and vocational training for a large
number of the 16,000 child soldiers that have been
demobilized in the country (3,200 in 2005 alone). Most of
the "child soldiers" are now legally adults, as abduction of
children for soldiering occurred largely prior to 2001.

End responses.


2. (SBU) Point of contact on trafficking is Tracy Naber,
243-81-884-1354 (mobile),934-3259 (IVG),243-81-301-0561
(fax),nabertj@state.gov. Entry-level political officer
spent 50 hours researching and preparing this report.
MEECE