LESOTHO: 2007 TRAFFICKING IN PERSONS (TIP) REPORT

UNCLAS SECTION 01 OF 05 MASERU 000147 SIPDIS SIPDIS DEPT ALSO FOR G/TIP DEPT ALSO FOR AF/S: LINDA MUNCY E.O. 12958: N/A TAGS: KCRM PHUM KWMN ELAB SMIG KFRD PREF LT SUBJECT: LESOTHO: 2007 TRAFFICKING IN PERSONS (TIP) REPORT SUBMISSION REF: 2006 STATE 202745 MASERU 00000147 001.2 OF 005 ¶1. There is no known trafficking in persons in Lesotho that meets the term as defined in REFTEL. Per REFTEL instructions, post has answered the questions 27 - 30. Post's primary sources are Inspector Masoabi Thosa, Child and Gender Protection Unit, Lesotho Mounted Police Service (LMPS); Senior Inspector Maphats'oe Maphats'oe, LMPS Legal Division; Pulane Lechesa, Directorate of Legal Affairs, Ministry of Foreign Affairs; Lindiwe Maqutu, Crown Counsel, Office of the Director of Public Prosecutions, Ministry of Law and Constitutional Affairs; 'Mamongoli Tsekoa, Ministry of Education (UNESCO); Teboho Nthlakana, Ministry of Justice and Human Rights; Lydia 'Muso, Lesotho Child Counseling Unit (LCCU - an NGO); all of whom state that trafficking in persons, as defined in REFTEL, is unknown in Lesotho. These sources acknowledge anecdotal reports of migrant smuggling of Basotho into South Africa, and the possibility that some of those smuggled could be commercial sex workers. The 2004 report by the International Organization for Migration indicated that women from rural areas of the People's Republic of China were trafficked to Lesotho as a transit point. It is alleged that the women later crossed into South Africa in a bid to circumvent South African airport immigration controls. ¶2. There are large numbers of Basotho living legally and illegally in South Africa. Most are economic migrants who have crossed the porous border and may be vulnerable to exploitation once within South Africa. However, post's sources had seen no evidence of organized trafficking and were not aware of any outstanding cases involving Basotho victims in South Africa. There are no NGOs in Lesotho that work specifically with victims of trafficking, as it is not regarded as a major issue in the country. Lesotho is a landlocked country totally surrounded by South Africa, and receives international flights only from South Africa. As wage levels are much higher in South Africa, it would make little economic sense for persons to be trafficked to Lesotho as a final destination, but rather as a staging point for other destinations. Anecdotal evidence suggests some degree of trafficking and child labor exists, but there are no official ;statistics on record. -------------- Responses to TIP Questions -------------- ¶3. (SBU) Begin responses to questions, keyed to question numbers in REFTEL: ¶27. OVERVIEW ¶A. Is the country a country of origin, transit or destination for international trafficked men, women, or children? There are no official reports of cases of trafficking in persons in Lesotho. According to anecdotal information, Chinese smuggling rings may use Lesotho as a staging point for smuggling individuals to the Republic of South Africa and beyond. ¶B. Please provide a general overview of the trafficking situation in the country and any changes since the last TIP Report (e.g. changes in direction). Also briefly explain the political will to address trafficking in persons. There is no reliable information regarding cases of trafficking in persons in Lesotho. Government accounting for trafficking in persons is limited by the lack of anti-trafficking legislation. There is no official information or statistics pertaining to the issue. ¶C. What are the limitations on the government's ability to address this problem in practice? The Government of Lesotho is limited in all areas by its lack of resources, including the area of trafficking in persons. The GOL's inability to police its porous border limits its ability to detect or combat trafficking. ¶28. PREVENTION ¶A. Does the government acknowledge that trafficking is a problem in the country? Due to lack of anti-trafficking legislation and research, there is no coherent official position on whether trafficking is a problem in Lesotho. ¶B. Which government agencies are involved in anti-trafficking MASERU 00000147 002.2 OF 005 efforts? Lesotho's Ministry of Home Affairs and the police, especially the Child and Gender Protection Unit at the Ministry of Justice and the Human Rights Unit at the Ministry of Education and Training and Ministry of Labor would be involved in anti-trafficking efforts. These government agencies also cooperate with UNICEF to address reports of child prostitution, which is thought to be a poverty driven phenomenon and not the product of organized criminal syndicates. There are no official statistics. ¶C. Are there or have there been any government-run anti-trafficking public information or public education campaigns? There has not been a public information or education campaign specifically addressing trafficking. An inter-sectoral committee made up of government ministries and NGOs have held public gatherings on human rights issues which intersect with trafficking. ¶D. Does the government support other programs to prevent trafficking? While intended to address economic empowerment rather than human trafficking, the government's implementation of free primary education has the effect of expanding school enrollment and attendance, which reduces the opportunities for child trafficking. ¶E. What is the relationship between government officials, NGOs, other relevant organizations and other elements of civil society on the trafficking issue? The GOL has a good operational relationship with civil society groups. For example, Women in Law in Southern Africa (WLSA),the Federation of Women Lawyers (FIDA for the Latin acronym) and the Catholic Church's Justice and Peace organization communicate regularly with the government. ¶F. Does the government adequately monitor its borders? Monitoring of borders is inadequate. Lesotho is completely surrounded by South Africa. The eastern part of the country is a rugged and mountainous, making it difficult for the joint task force of the army and police to patrol the borders. Lesotho's borders are porous and criminal elements often take advantage of this weakness to carry out illegal activities, such as livestock and vehicle theft and weapons and marijuana smuggling. ¶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? Does the government have a trafficking in persons working group or single point of contact? Does the government have a public corruption task force? The Government of Lesotho coordinates anti-trafficking activities with the International Organization for Migration (IOM),the International Labor Organization (ILO) and the United Nations Office on Drugs and Crime (UNODC). There is no single point of contact within the government on trafficking in persons issues. The government has established the Directorate on Corruption and Economic Offenses (DCEO) which has a mandate to counter public corruption. ¶29. INVESTIGATION AND PROSECUTION OF TRAFFICKERS ¶A. Does the country have a law specifically prohibiting trafficking in persons - both trafficking for sexual exploitation and trafficking for non-sexual purposes (e.g. forced labor)? The country does not have legislation specifically addressing trafficking in persons and has not enacted any legislation on this subject since the last TIP report. An existing law, however, does prohibit the procurement of women or girls for the purpose of prostitution. Trafficking in persons would be charged under statutes pertaining to abduction or kidnapping. The GOL generally supports women's rights and all citizens are constitutionally guaranteed freedom from slavery and forced labor. The constitution stipulates, "No person shall be held in slavery or servitude." The Child Protection Act of 1980 and the Sexual Offenses Act of MASERU 00000147 003.2 OF 005 2003 can be used to prosecute offenders but do not sufficiently address issues of human trafficking. The Child Protection and Welfare Bill, which will supersede the Child Protection Act of 1980, is still waiting to be passed into law. There is a need for enactment of comprehensive legislation to address human trafficking in Lesotho. ¶B. What are the penalties for traffickers of people for sexual exploitation? As trafficking is not legally defined in Lesotho, there are no specified penalties. ¶C. Punishment for Labor Trafficking Offenses? As trafficking is not legally defined in Lesotho, there are no specified penalties. ¶D. What are the penalties for rape or forcible sexual assault? The minimum penalty for rape or forcible sexual assault is five years and the maximum is the death penalty, depending on the nature of the case and the jurisdiction of the magistrate presiding over the case. ¶E. Is prostitution legalized or decriminalized? The law does not address prostitution, although the Government of Lesotho and NGOs have often addressed increased youth prostitution though the media. ¶F. Has the government prosecuted any cases against traffickers? No. ¶G. Is there any information or reports of who is behind the trafficking? Unofficial reports of Chinese and Nigerian organized criminal groups were reported in 2004, but no similar reports have surfaced in 2006. ¶H. Does the government actively investigate cases on trafficking? No, as trafficking is not legally defined in Lesotho. The government does prosecute related offenses. ¶I. Does the government provide any specialized training for government officials in how to recognize, investigate, and prosecute instances of trafficking? No. ¶J. Does the government cooperate with other governments in the investigation and prosecution of trafficking cases? As trafficking is not legally defined in Lesotho, there is no specific cooperation with other governments. ¶K. Does the government extradite persons who are charged with trafficking in other countries? As trafficking is not legally defined in Lesotho, there is no evidence on record of such extraditions. ¶L. Is there evidence of government involvement in or tolerance of trafficking, on a local or institutional level? No, there is not. ¶M. Have any government officials been prosecuted for involvement in trafficking? No. ¶N. If the country has an identified child sex tourism problem (as source of destination),how many foreign pedophiles has the government prosecuted or deported/extradited to their country of origin? Do the country's child sexual abuse laws have extraterritorial coverage (similar to the U.S. PROTECT ACT)? The country has not been identified as having a child sex tourism problem. Although anecdotal information indicates a busload of children was smuggled to South Africa, there has been no official response. In June 2001, Lesotho ratified ILO Convention 182 concerning the worst forms of child labor. The Rights of the Child Convention was ratified in April 1992. The Protocol to Prevent, Suppress, and Punish Trafficking in MASERU 00000147 004.2 OF 005 Persons, especially Women and Children, Supplementing the UN Convention against Transnational Organized Crime is under discussion for ratification. ¶30. PROTECTION AND ASSISTANCE TO VICITMS ¶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? If so, please explain. Does the country have victim care and victim health care facilities? The Ministry of Health and Social Welfare and the Lesotho Child Counseling Unit (LCCU) offer help to vulnerable and abused children, but not specifically to victims of trafficking. ¶B. Does the government provide funding or other forms of support to foreign or domestic NGOs for services to victims? Since there are no NGOs for trafficking victims in Lesotho, the GOL provides no funding to such 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 (e.g. foreign persons arrested for prostitution or immigration violations)? 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? As trafficking in persons is not defined by law in Lesotho, no such referral programs exist. ¶D. Are the rights of victims respected, or are victims treated as criminals? Are victims detained, jailed, or deported? If detained or jailed, for how long? Are victims fined? Are victims prosecuted for violations of other laws, such as those governing immigration or prostitution? No, as trafficking is not legally defined in Lesotho, trafficking victims are not treated as a distinct legal group. ¶E. Does the government encourage victims to assist in the investigation and prosecution of trafficking? May victims file civil suits or seek legal action against the traffickers? Does anyone impede the victims' access to such legal redress? If a victim is a material witness in a court case against a former employer, is the victim permitted to obtain other employment or to leave the country pending trial proceedings? Is there a victim restitution program? As there is no specific legislation against trafficking in persons, such activities and programs do not exist in Lesotho. ¶F. What kind of protection is the government able to provide for victims and witnesses? Does it provide these protections in practice? What type of shelter or services does the government provide? Does it provide shelter or housing benefits to victims or other resources to aid the victims in rebuilding their lives? Where are child victims placed (e.g. in shelters, foster-care, or juvenile justice detention centers). The Ministry of Health and Social Welfare and the Lesotho Child Counseling Unit (LCCU) offer help to vulnerable and abused children, but not specifically to victims of trafficking. ¶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? Lesotho provides no such training and there are no official reports or indication that citizens of Lesotho are being trafficked to foreign countries. ¶H. Does the government provide assistance, such as medical aid, shelter, or financial help, to its repatriated nationals who are victims of trafficking? The Ministry of Health and Social Welfare and the Lesotho Child Counseling Unit (LCCU) offer help to vulnerable and abused children, including repatriated nationals, but not specifically to victims of trafficking. ¶I. Which international organizations or NGOs, if any, work with trafficking victims? What type of services do they provide? MASERU 00000147 005.2 OF 005 What sort of cooperation do they receive from local victims, then post should explain thoroughly. Funding, personnel, and training constraints should be noted, if applicable. Conversely, the lack of political will to address the problem should be noted as well. According to the Ministry of Justice and Human Rights, a committee will be established which will be composed of the Police Child and Gender Protection Unit, UNICEF, the Ministry of Justice, and representatives of the NGO community. As this committee has not yet convened, the contributions of its various member organizations are not yet known. In rural areas, volunteers from NGOs, local schools, and other organizations assist potential victims. ¶3. (U) POC on trafficking issues: Christopher Smith, PD/ECON/POL Officer; TEL: +(266) 22-312-666, ext. 4104; e-mail: SmithCM3@state.gov PERRY