DEMOCRATIC REPUBLIC OF CONGO 2007 TRAFFICKING IN

UNCLAS KINSHASA 000256

SIPDIS

SENSITIVE
SIPDIS

DEPT FOR G/TIP, G, INL, DRL, PRM, AF/RSA
PLEASE PASS TO USAID

E.O. 12958: N/A
TAGS: KCRM PHUM KWMN SMIG KFRD ASEC PREF ELAB CG
SUBJECT: DEMOCRATIC REPUBLIC OF CONGO 2007 TRAFFICKING IN
PERSONS REPORT

REF: 06 STATE 202745

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OVERVIEW
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1. (SBU)


A. Is the country a country of origin, transit, or
destination for internationally trafficked men, women, or
children? Yes.

Does the trafficking occur within the country's
borders? Yes.

Does it occur in territory outside of the government's
control?

-- Child soldiering, forced labor: Yes, in areas
controlled by militias and foreign armed groups in the
provinces of North Kivu, South Kivu, Katanga, and the Ituri
District of Orientale Province.

-- Child prostitution: No.

Are any estimates or reliable numbers available as to the
extent or magnitude of the problem?

-- Child soldiering: Yes. Virtually all known child
soldiers in the Congolese national army (FARDC) have been
demobilized. Fewer than 4,000 child soldiers remain in armed
groups outside the government's control.

-- Forced labor, child prostitution: No.

What is (are) the source(s) of available information on
trafficking in persons?

-- Child soldiering: Local NGOs, CONADER (the government
demobilization agency),UN Mission to the Congo (MONUC),
UNICEF.

-- Forced labor: Global Witness, Human Rights Watch,
American Center for International Labor Solidarity.

-- Child prostitution: Local NGOs.

How reliable are the numbers and these sources? Fairly
reliable.

Are certain groups of persons more at risk of being
trafficked? No.


B. Please provide a general overview of the trafficking
situation in the country and any changes since the last TIP
Report.

-- Child soldiering: Virtually all known child soldiers
associated with the national army have been demobilized.
Approximately 4,000 children associated with armed groups
remain to be demobilized.

-- Forced labor: Armed groups outside government control
continue to kidnap adults and children for forced labor and
sexual slavery. An unknown number of unlicensed miners
remain in virtual debt slavery to dealers for tools, food,
and supplies.

-- Child labor: There is no evidence that children are
being trafficked into labor. Child labor is overwhelmingly a
symptom of poverty. Families of child laborers are among the
vast majority of workers not employed in the formal economy.
Family members work as street vendors, domestic laborers,
porters, unlicensed miners, etc. The children are not sold,
nor do persons outside the family appropriate their wages.

Also briefly explain the political will to address
trafficking in persons.

-- Child soldiering: CONADER demobilized over 13,000 child
soldiers in 2006, more than 40 percent of the estimated
33,000 under arms at the end of the civil war.

-- Child and forced prostitution, trafficking for sexual
exploitation: A new sexual violence law promulgated in July
E

2006 specifically prohibits child and forced prostitution,
pimping, and trafficking for sexual exploitation. The
Ministry of Justice is working with NGOs to develop public
education campaigns about the law. The new government, which
took office in early 2007 following 2006-07 presidential,
parliamentary, and provincial elections, includes assistance
to vulnerable groups, specifically young women engaged in
prostitution, among the objectives of its five-year program
of action.

-- Child soldiering, forced labor: The transitional
government, in coordination with MONUC, reached agreements
with Ituri District militias, renegade General Laurent Nkunda
in North Kivu, and local self-defense groups (Mai Mai) in
North Kivu, South Kivu, and Katanga, that include provisions
for the demobilization of child soldiers.

-- Child labor: The transitional government created
a National Committee to Combat Worst Forms of Child
Labor (NCCL) in June.

Which populations are targeted by the traffickers?

-- Child soldiering, forced labor: People living in areas
controlled by armed groups.

-- Child prostitution: Children living in eastern areas
of the country who were orphaned during the 1998-2003 civil
war.

Who are the traffickers? Armed groups outside government
control in the eastern areas of the country.

What methods are used to approach victims? Kidnapping.

What methods are used to move the victims? Forced march.


C. What are the limitations on the government's ability to
address this problem in practice?

-- Financial: The transitional government lacked
sufficient national and human resources to address not only
trafficking, but also basic levels of security and services.

-- Military: The military lacks the capacity to forcibly
demobilize or repatriate armed groups on its own. The
military is poorly trained, supplied, and led, and are
inadequately and irregularly paid. The government brokered
integration or demobilization agreements with several
domestic armed groups this year, but some of the groups
failed to fulfill their commitments.

For example, is funding for police or other institutions
inadequate?

Yes. The 2006 budget included no appropriation for labor
monitors to ensure children are not working at mines, nor for
printing and distribution of the new sexual violence law to
magistrates, police, and other law enforcement authorities.

Is overall corruption a problem? Yes.

Does the government lack the resources to aid victims?

Yes. The 2006 budget included no appropriation for social
services, including for victims of trafficking.


D. To what extent does the government systematically monitor
its anti-trafficking efforts and periodically make available,
publicly or privately and directly or through
regional/international organizations, its assessments of
these anti-trafficking efforts?

CONADER systematically monitors the number of child soldiers
remaining in armed groups and shares its assessments with
relevant NGOs.

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PREVENTION
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2. (SBU)


A. Does the government acknowledge that trafficking is a
problem in the country? Yes.



B. Which government agencies are involved in
anti-trafficking efforts and which agency, if any, has the
lead?

-- Child soldiering: CONADER (lead),Ministry of Defense.

-- Forced labor: Ministry of Mines, Ministry of Labor,
Ministry of Defense (cases involving armed groups outside
government control)


C. Are there, or have there been, government-run
anti-trafficking information or education campaigns?

Yes. CONADER conducted extensive public education
campaigns against child soldiering, using radio and
television messages, posters, flyers, and t-shirts.
The campaign's objectives included informing the military
that child soldiering was illegal, dissuading children from
joining armed groups, and convincing families and communities
to reintegrate demobilized children. The campaign has helped
ensure that virtually all child soldiers not under the
control of illegal armed groups have been demobilized.

Do these campaigns target potential trafficking victims
and/or the demand for trafficking?

CONADER targeted families and communities in its campaign for
reintegration of child soldiers, including all sectors of
society and institutions -- schools, hospitals, the military,
government, etc. -- in its campaign.


D. Does the government support other programs to prevent
trafficking?

Yes. For example, there are billboards and signs throughout
the country calling on families to ensure that girls attend
school as well as boys.


E. What is the relationship between government officials,
NGOs, other relevant organizations and other elements of
civil society on the trafficking issue?

Mixed. Cooperation between the transitional government and
NGOs has been particularly good in facilitating initiatives
against child soldiering and developing new sexual violence
legislation. CONADER works closely with NGOs to monitor the
army for possible child soldiers. The Ministry of Justice
worked extensively with NGOs to draft and advocate passage of
the 2006 sexual violence code, which includes
anti-trafficking and anti-child prostitution provisions.


F. Does the government monitor immigration and emigration
patterns for evidence of trafficking? No. The government is
not yet able effectively to control its borders at all.

Do law enforcement agencies screen for potential trafficking
victims along borders? No.


G. Is there a mechanism for coordination and communication
between various agencies, internal, international, and
multilateral on trafficking-related matters, such as a
multi-agency working group or a task force?

CONADER and the Ministry of Defense hold weekly coordination
meetings, which include communication by CONADER of any
suspected cases of child soldiers in military units.

Does the government have a trafficking in persons working
group or single point of contact?

No. However, CONADER is the single point of contact on child
soldiering.

Does the government have a public corruption task force?

Yes. The Commission on Ethics and the Fight Against
Corruption brought several cases to prosecution during the
transition.


H. Does the government have a national plan of action to
address trafficking in persons?

No. However, the goal of the NCCL is to develop and
ensure implementation of a national strategy to eliminate the

worst forms of child labor, and CONADER's strategy to address
child soldiersing has also served as a national plan of
action on that issue.


3. (SBU)

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INVESTIGATION AND PROSECUTION OF TRAFFICKERS
--------------


A. Does the country have a law specifically prohibiting
trafficking in persons -- both for sexual and non-sexual
purposes?

No. However, the 2006 sexual violence code, Law 6/018,
enacted July 20, 2006, includes new provisions against, and
penalties for, trafficking in persons for sexual purposes,
forced prostitution, procuring or supporting prostitution
(i.e. pimping),sexual slavery, and the prostitution of
minors.

Does the law(s) cover both internal and external
(transnational) forms of trafficking?

The law applies to all relevant trafficking activities within
Congolese jurisdiction.

For example, are there laws against slavery or the
exploitation of prostitution by means of force, fraud or
coercion?

Yes. The new constitution, promulgated in February 2006,
expressly forbids involuntary servitude. As mentioned above,
the 2006 sexual violence code prohibits forced prostitution,
among other offenses related to trafficking.

Are these other laws being used in trafficking cases?

Most judicial and law enforcement authorities have yet to
receive copies of the 2006 sexual violence code. We will
monitor distribution by officials in the new goverment once
they are in place.

Are these laws, taken together, adequate to cover the full
scope of trafficking in persons? No.

Please provide a full inventory of trafficking laws,
including non-criminal statutes that allow for civil
penalties against alleged trafficking crimes.

-- The 2006 sexual violence code (see above).

-- The new 2006 constitution, enacted in February 2006,
also which in addition to involuntary servitude, expressly
forbids enlistment of persons less than 18 years of age in
armed forces.

-- The current labor code, which will be revised along
with other relevant laws in accordance with the new
constitution, prohibits the employment of children, even as
apprentices, under the age of 15, unless exempted by a labor
inspector.


B. What are the penalties for trafficking people for sexual
exploitation?

10 to 20 years in prison.


C. Punishment of Labor Trafficking Offenses: What are the
prescribed and imposed penalties for trafficking for labor
exploitation, such as forced or bonded labor and involuntary
servitude?

Penalties still need to be determined by the new
government since the new constitution expressly forbids
involuntary servitude.


D. What are the prescribed penalties for rape or forcible
sexual assault?

Five to 20 years in prison, doubled in certain cases.

How do they compare to the prescribed and imposed penalties
for crimes of trafficking for commercial sexual exploitation?

The minimum prescribed penalty for trafficking for commercial
sexual exploitation is 10 years in prison.


E. Is prostitution legalized or decriminalized?

No. Forced prostitution is illegal and criminal.

Specifically, are the activities of the prostitute
criminalized? No.

Are the activities of the brothel owner/operator, clients,
pimps, and enforcers criminalized? Yes.

Are these laws enforced?

No. Most judicial and law enforcement authorities have yet
to receive copies of the 2006 sexual violence code.


F. Has the government prosecuted any cases against
traffickers?

Yes, in prior years, but we are not aware of any cases
in 2006.

Are the traffickers serving the time sentenced?

No, the most recent convicted trafficker escaped from jail in

2006.

Please indicate whether the government can provide this
information, and if not, why not?

Both the Ministry of Justice and the Ministry of Defense were
able to provide this information.


G. Is there any information or reports of who is behind the
trafficking?

Yes. Most traffickers are members of armed groups outside
government control. They are responsible for numerous cases
of forced labor and child soldiering.

-- The FDLR, Rwandan Hutu rebels operating in North Kivu
and South Kivu provinces, are responsible for kidnapping at
least 500 persons per year whom they hold for ransom or force
to work as porters, cooks, laborers, or sex slaves. They are
not known to recruit child soldiers.

-- The Mai Mai, armed groups of local "self-defense
forces," operate in North Kivu, South Kivu, and Katanga
provinces and are responsible for recruiting and retaining
child soldiers who remain to be demobilized.

-- Some officers loyal to Laurent Nkunda, a renegade FARDC
commander in North Kivu, are engaged in child soldiering and
recruitment, although on a relatively small scale. There is
an outstanding arrest warrant pending for Nkunda.

-- A number of armed groups in Ituri District engage in
kidnapping children and adults for forced labor, including in
mines.

Are government officials involved? No.

Are there any reports of where profits from trafficking in
persons are being channeled?

The profits from forced mining labor perpetrated by armed
groups are used to maintain the groups' military activities.


H. Does the government actively investigate cases of
trafficking?

-- Child soldiering: Yes.

-- Child prostitution: No. The government did not
interfere in NGO investigation of brothels in South Kivu
province and subsequently ordered them closed, however.

-- Child labor: No, as noted above, the government's 2006
budget included no funding for child labor inspectors.

Does the government use active investigative techniques in
trafficking in persons investigations? No.

To the extent possible under domestic law, are techniques
such as electronic surveillance, undercover operations, and
mitigated punishment or immunity for cooperating suspects
used by the government?

No. The government has neither the funding nor the expertise
to conduct electronic surveillance or undercover operations.

Does the criminal procedure code or other laws prohibit the
police from engaging in covert operations? No.


I. Does the government provide any specialized training for
government officials in how to recognize, investigate, and
prosecute instances of trafficking?

Yes. The government has provided training to some police and
military personnel on sexual violence and child soldiering
prohibitions.


J. Does the government cooperate with other governments in
the investigation and prosecution of trafficking cases?

Yes. However, the government was not asked to cooperate with
other governments in investigation or prosecution of
trafficking cases during the reporting period.


K. Does the government extradite persons who are charged
with trafficking in other countries?

Yes. However, no extraditions were requested during the
reporting period.

Does the government extradite its own nationals charged with
such offenses? Yes.


L. Is there evidence of government involvement in or
tolerance of trafficking, on a local or institutional level?
No.


M. Have any government officials been prosecuted for
involvement in trafficking or trafficking-related corruption?
No.


N. If the country has an identified child sex tourism
problem, how many foreign pedophiles has the government
prosecuted or deported/ extradited to their country of origin?

The DRC does not have an identified child sex tourism
problem.

Do the country's child sexual abuse laws have
extraterritorial coverage (similar to the U.S. PROTECT Act)?
No.


O. Has the government signed, ratified, and/or taken steps
to implement the following international instruments? Yes.

-- ILO Convention 182 concerning the Prohibition and
Immediate Action for the Elimination of the Worst Forms of
Child Labor. Ratified 20 June 2001.

-- ILO Convention 29 and 105 on Forced or Compulsory
Labor. Ratified 20 June 2001.

-- The Optional Protocol to the Convention on the Rights
of the Child (CRC) on the Sale of Children, Child
Prostitution, and Child Pornography. Ratified 5 March 2001.

-- The Protocol to Prevent, Suppress and Punish
Trafficking in Persons, especially Women and Children,
supplementing the UN Convention Against Transnational
Organized Crime. Ratified 5 March 2001.


4. (SBU)

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PROTECTION AND ASSISTANCE TO VICTIMS
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A. Does the government assist victims, for example, by
providing temporary to permanent residency status, relief
from deportation, shelter and access to legal, medical and
psychological services?

No. The government has provided no appropriations for

assisting victims of trafficking.

Does the country have victim care and victim health care
facilities?

Yes. There are numerous NGOs in North Kivu and South Kivu
provinces and in the Ituri District of Orientale Province
that work with women and girls subjected to sexual violence.

Does the country have facilities dedicated to helping victims
of trafficking?

CONADER sends demobilized child soldiers to transit centers
for one to two months before they are reintegrated into
civilian life. The centers' services are funded by the World
Bank and implemented by NGOs

If so, can post provide the number of victims placed in these
care facilities?

Approximately 6,000 children during the reporting period.


B. Does the government provide funding or other forms of
support to foreign or domestic NGOs for services to victims?

No. The government provides no funding to NGOs.


C. Do the government's law enforcement and social services
personnel have a formal system of identifying victims of
trafficking among high-risk persons with whom they come in
contact? No.

Is there a referral process in place, when appropriate, to
transfer victims detained, arrested or placed in protective
custody by law enforcement authorities to NGO's that provide
short- or long-term care?

Yes. NGOs which identify child soldiers in the army bring
the cases to the attention of CONADER, which instructs the
Ministry of Defense to remove them from the ranks and
transfer them to NGO custody.


D. Are the rights of victims respected, or are victims
treated as criminals?

Local authorities have occasionally charged demobilized child
soldiers with being members of illegal armed groups.

Are victims detained, jailed, or deported?

They are detained with other children in local jails or
prisons.

If detained or jailed, for how long?

Unknown. However, they are generally released quickly if
discovered by CONADER, MONUC, or NGOs.

Are victims fined? No.

Are victims prosecuted for violations of other laws, such as
those governing immigration or prostitution? No.


E. Does the government encourage victims to assist in the
investigation and prosecution of trafficking? No.

May victims file civil suits or seek legal action against the
traffickers?

The government has few functioning courts, making filing and
trying such civil suits virtually impossible.

Does anyone impede the victims' access to such legal redress?
No.

Is there a victim restitution program? No.


F. What kind of protection is the government able to provide
for victims and witnesses? None.

What type of shelter or services does the government provide?
None.

Does it provide shelter or housing benefits to victims or
other resources to aid the victims in rebuilding their lives?

No.

Where are child victims placed (e.g. in shelters,
foster-care, or juvenile justice detention centers)?

As noted above, victims are transferred to transit centers,
where they are placed in the protective custody of NGOs.


G. Does the government provide any specialized training for
government officials in recognizing trafficking and in the
provision of assistance to trafficked victims, including the
special needs of trafficked children? No.

Does the government provide training on protections and
assistance to its embassies and consulates in foreign
countries that are destination or transit countries? No.

Does it urge those embassies and consulates to develop
ongoing relationships with NGOs that serve trafficked
victims? No.


H. Does the government provide assistance, such as medical
aid, shelter, or financial help, to its repatriated nationals
who are victims of trafficking?

There were no reported cases of repatriated nationals who
were victims of trafficking.


I. Which international organizations or NGOs, if any, work
with trafficking victims?

MONUC, UNICEF, BVES, Save the Children, War Child, and
others.

What type of services do they provide?

Re-integration into the community, vocational training,
re-enrollment in primary or secondary education, conflict
resolution training, sexual violence counseling,
psychological counseling, mediation between children and
families, and medical treatment.

What sort of cooperation do they receive from local
authorities? Full cooperation.


5. (U) Post point of contact for this report is Pol Officer
Tracy Naber (tel: 243-81-225-5872, ext 2620; fax:
243-81-301-1560; e-mail: nabertj@state.gov).
MEECE