ANTI-TRAFFICKING: POLITICAL WILL, BUT LACK OF

UNCLAS KABUL 004183 SIPDIS SENSITIVE SIPDIS C O R R E C T E D COPY CAPTION DEPT FOR SCA FO , SCA/A,G/TIP NSC FOR JWOOD OSD FOR KIMMETT E.O. 12958: N/A TAGS: PHUM KTIP PGOV AF SUBJECT: ANTI-TRAFFICKING: POLITICAL WILL, BUT LACK OF CAPACITY ¶1. (SBU) Summary: The Afghan government has mustered the political will to combat trafficking in persons, but a lack of police enforcement and prosecutorial capacity slows progress towards meeting accepted international standards. The counter-insurgency campaign continues to draw police away from traditional enforcement and anti-trafficking functions. Key legislation that criminalizes trafficking and enacts tough penalties is set to go before the lower house soon, after spending years languishing in draft. The Attorney General,s (AG) office and the Afghan National Police (ANP) are increasing their arrests and prosecutions of traffickers. International NGOs are familiarizing the police, border police, the AG, and the judiciary with international anti-trafficking practices and obligations. Real Progress ============= ¶2. (SBU) The government has made measurable progress towards meeting international anti-trafficking standards. Legislation that would criminalize trafficking in persons and impose tough penalties is slated to go before the lower house of Parliament as soon as January. NGO contacts, who have helped the Afghan drafters develop the legislation, believe it will be consistent with the Trafficking Victims Protection Act, while also incorporating elements of Shar,ia law. The legislation would create an anti-trafficking commission, comprised of personnel from ten ministries and the Afghan Independent Human Rights Commission, which will be tasked with overseeing arrests, prosecutions, sentencing, victim protection and education programs throughout the country. ¶3. (U) As of December 18, the Attorney General's Office reported 255 arrests of kidnappers/human traffickers in eleven provinces across the country this year, with the vast majority coming from Kabul. Out of those arrested, 56 people were sentenced to prison terms ranging from two to five years each. Investigations continued in 110 of the cases. During the year, the ANP staffed a police station in Kabul with a special liaison, who also reports to the Ministry of Interior,s (MoI) child protection division, to deal with kidnapping and trafficking in persons cases. Four more MoI liaison officers will be dispatched to provinces by early ¶2008. Earlier this year, the MoI rehabilitated approximately 80 trafficked children and reunited them with their families. In December 2007, the ANP arrested 20 people in Baghlan province, who were attempting to traffic another group of 80 children to Saudi Arabia to work as servants. But Challenges Remain ===================== ¶4. (SBU) 30 years of war have destroyed or seriously debilitated most of Afghanistan,s governmental and civil institutions, especially those instrumental in combating trafficking and caring for victims. Prosecuting the counter-insurgency campaign consumes leadership attention and preoccupies the police, who are already overstretched attempting to meet the civil security needs of a country the size of Texas. As of mid-December, more than 1000 police officers, out of an estimated force of 50,000, have been killed, most by insurgents. Police often serve at isolated, vulnerable checkpoints or border posts. In Kandahar this November, suspected Taliban tortured five ANP to death and left their bodies hanging from trees. Also in November, suspected Taliban beheaded seven police in uniform and left their corpses by the side of the road in Zabul province. ¶5. (SBU) We continue to engage ministries with anti-trafficking responsibilities at senior levels. Ministerial interlocutors are uniformly responsive. The Ministry of Justice eagerly provides data on arrests and prosecutions of traffickers. We will monitor the progress of the anti-trafficking legislation through parliament and press for its rapid and full implementation. We will continue to support NGOs active in the fight against trafficking, especially the International Organization for Migration and its anti-trafficking training programs for police and prosecutors. WOOD