CONGRESSMAN CHRISTOPHER SMITH REVIEWS NATIONAL ANTI-TIP

UNCLAS SECTION 01 OF 02 LAGOS 000194

SIPDIS

SIPDIS

STATE FOR AF/W
STATE FOR AF/RA
STATE FOR INR/AA
STATE FOR G/TIP
STATE FOR H

E.O. 12958: N/A
TAGS: CODEL PREL PGOV KDEM ELAB PHUM SOCI KWMN NI
SUBJECT: CONGRESSMAN CHRISTOPHER SMITH REVIEWS NATIONAL ANTI-TIP
EFFORTS IN NIGERIA

REF: 05 LAGOS 1955

LAGOS 00000194 001.2 OF 002



1. (U) Summary: Nigeria Trafficking in Persons (TIP) experts told
Congressman Christopher Smith during his February 20-22 visit to
Abuja that Nigeria's anti-TIP network does not include the military.
Victims' lack of marketable skills, parents' ignorance of the
dangers of trafficking, cultural values, and the power of
traditional religion to sway some young girls, are barriers to
reducing Nigeria's trafficking problem. End Summary.

--------------
Discussion of TIP Issues with the Ambassador
--------------


2. (U) On February 21 at a luncheon hosted by the Ambassador,
Congressman Christopher Smith discussed trafficking in persons (TIP)
with Italian Ambassador Massimo Baistrocchi, National Agency for
Prohibition of Traffic in Persons and Other Related Matters (NAPTIP)
Chief Executive Carol Ndaguba, American Bar Association (ABA)
Country Director Reed Slack, and International Narcotics and Law
Enforcement (INL) Officer Robert Downey.


3. (U) The Congressman told the group he has asked the Department of
Defense (DOD) to get involved on TIP issues, arguing trafficking
constitutes a health issue for DOD. Congressman Smith noted the DOD
developed a set of "best practices" on TIP and asked if the Nigerian
military has done the same. Congressman Smith said he had observed
that Nigerians trafficked to Italy are very frightened of
traditional religion and oaths made pursuant thereto, which are used
by traffickers to intimidate victims into submission and silence.
Congressman Smith also asked the group to discuss victim
rehabilitation programs, and whether churches are integrated into
the TIP network.


4. (U) The Ambassador told Congressman Smith that he will seek more
information about DOD best practices from the Embassy's Defense
Attache. The Ambassador promised to bring up the subject of
trafficking with his Nigerian military contacts. In Nigeria TIP is
not only sexual but derived largely from the need for cheap labor,
the Ambassador told the Congressman. Rehabilitation has come in the
form of vocational training, usually sewing or hairdressing skills.


5. (U) On rehabilitation the Italian government gave a medal to
Nigerian artist Nike Ogundaye-Davies for her work in rehabilitating
trafficking victims once they returned to Nigeria, the Italian
Ambassador told the Congressman. Through her Nike Art Centre,
Ogundaye has established a training program to enable victims to
develop their skills and ability to earn livings as artists.


6. (U) Reed Slack of the ABA said that one largely unexplored
problem is the need to reduce the demand for trafficking. Slack
mentioned that many female TIP victims need training to avoid going
back into prostitution; however, most victims do not have marketable
skills.


7. (U) Downey said that according to a NAPTIP study, the three
largest sources of returnees to Nigeria for trafficking are Italy,
Spain and Libya.


8. (U) Ndaguba said NAPTIP has worked to reduce the demand side, but
more needs to be done. NAPTIP conducted a sensitization visit to
Abeokuta, where NAPTIP officials are working with locals employing
Beninese children on farms. One of the problems NAPTIP faces is
making parents more aware of the dangers of trafficking. According
to Ndaguba, the view of Nigerian parents with large families it is
acceptable to sacrifice one child for work or prostitution in order
to support the rest of the family.


9. (U) Ndaguba said traditional religion is just one of the many
deception tactics traffickers use to trick their victims.
Traditional religion priests operate separately from the trafficking
network, but are often hired by traffickers to intimidate victims
for a small fee. Ndaguba believes these priests work, not for
financial gain, but for power. Regardless of the motivation of the
priests, many victims are frightened by the incantations and
threats.


10. (U) Ndaguba said churches are included in the anti-trafficking
network, which also includes the police, Nigerian Immigration
Service (NIS),local government, traditional rulers, and
nongovernmental organizations. Ndaguba said a USAID initiative
helped NAPTIP form the anti-trafficking network in 2004. However,

LAGOS 00000194 002 OF 002


Ndaguba said the military was not involved and has not had TIP
sensitization training.

-------------- --------------
NAPTIP Discusses Prosecution Efforts and Trafficking
-------------- --------------


11. (U) On February 22 Congressman Smith visited the NAPTIP offices.
The Congressman noted that his purpose was to better understand
NAPTIP efforts and see where the US Government (USG) could assist.
At NAPTIP Congressman Smith met Ndaguba and U.S. Haruna, NAPTIP
Director of Legal Affairs and Prosecution. Congressman Smith said
Sister Eugenia in Rome told him about the problem of Nigerians being
trafficked to Italy.


12. (U) Haruna overviewed NAPTIP efforts to prosecute traffickers.
In 2006 NAPTIP took 17 cases to trial and obtained 3 convictions.
Haruna said NAPTIP had to gauge the willingness and ability of
victims to testify against their traffickers. Usually very young,
the victims are often too traumatized and too frightened to testify,
Haruna said.


13. (U) Haruna said there was a wide gap between investigated cases
and prosecutions. While NAPTIP investigated 81 cases last year,
this only resulted in 3 convictions. Most major traffickers do not
reside in Nigeria and NAPTIP could only prosecute lower level
players. Haruna said the courts were slow in prosecuting cases as
the judges look at the law and find it difficult to determine that
trafficking was actually involved. Often presumed TIP cases turn
out to be child labor, and under Nigerian law this does not
constitute trafficking, Haruna said. For example, in the highly
publicized case of 40 children found in a truck outside Lagos,
NAPTIP determined the case was not trafficking. The woman
facilitating the trafficking had the consent of the parents and the
children told NAPTIP they were not being exploited. (Comment: This
represents a significant loophole in the law. A case could have
elements of both trafficking and unfair labor practices. End
comment)


14. (U) Haruna said immigration authorities and police sometimes did
not understand the difference between migration and trafficking.
Haruna said the police were not so much complicit in trafficking as
ignorant of what constituted trafficking. Often immigration
authorities saw trafficking cases as helping someone cross the
border. However, Haruna said NAPTIP's work with the police and
immigration authorities had sensitized them to report instances of
trafficking.


15. (U) Ndaguba cited a 2002 UNICEF report which said approximately
15 million children are working in Nigeria. Of this number 40
percent were trafficked, and 92 percent were between 10-18 years
old. Haruna said Nigerian officials found 749 young girls involved
in prostitution in Italy, although UNICEF estimated tens of
thousands. According to Haruna, the Nigerian Embassy in Rome has
worked closely with Italian authorities on the trafficking problem.


16. (U) Haruna said the numbers from UNICEF are often unreliable
because they were based on police estimates and not on Nigerian law.
Haruna said under Nigerian law trafficking only takes place if done
against the victim's consent, regardless of age.

--------------
Visit to Trafficking Database Center
--------------


17. (U) Congressman Smith visited the area where the new
computerized trafficking database will be housed. NAPTIP
programmers have been working with the ABA to create a national
trafficking database available for law enforcement officials. USAID
donated the computer equipment. However, the database center is not
yet in operation. The Congressman asked the programmers to make a
list of the most pressing needs and he would see how the USG can
assist this project.


18. (U) Congressman Smith cleared this cable.

BROWNE