NIGERIA: TRAFFICKING IN PERSONS REPORT

UNCLAS SECTION 01 OF 08 ABUJA 000404 SIPDIS SIPDIS DEPT FOR G/TIP, G, INL, DRL, PRM, AF/RSA, AF/W, INR/AA DEPT PASS TO USAID DOE FOR GPERSON E.O. 12958: N/A TAGS: PHUM KCRM KWMN SMIG KFRD ASEC PREF ELAB NI SUBJECT: NIGERIA: TRAFFICKING IN PERSONS REPORT REF: STATE 2731 ¶1. (U) The following is Mission Nigeria's submission for the annual trafficking in persons (TIP) report. Paragraphs respond to questions in reftel. -------------- OVERVIEW -------------- ¶2. (SBU) -- A. Nigeria is a source, transit, and destination country for trafficked persons. Trafficking also occurs within the country's borders. The National Agency for the Prohibition of Traffic In Persons and Other Related Matters (NAPTIP) is unable to keep accurate numbers of trafficking victims, but continues to use a 2002 United Nations Children's Fund (UNICEF) estimate that out of 15 million children in the labor force, 40 percent (6 million) were trafficked. UNICEF estimates between 50,000 and 70,000 African women are in Italy in prostitution, of which 70 percent are from Nigeria. Common sources of trafficking information are NAPTIP, Ministry of Labor and Productivity, Ministry of Women's Affairs, International Organization for Migration (IOM),UN Crime and Research Institute (UNCRI),UN Office on Drugs and Crime (UNODC) and UNICEF. NAPTIP estimates female trafficking victims outnumber males by a ratio of 4 to 1. -- B. The Nigerian government continued to make efforts to combat trafficking, but has thus far failed to provide adequate funding. Moreover, the government's limited efforts are hampered by corruption, endemic poverty, and the country's porous borders. NAPTIP is the lead agency for all TIP issues. The NAPTIP Act and the Child Rights Act provide the legal framework to combat trafficking and the government continues its efforts to sensitize citizens to the dangers of trafficking. However, trafficking remains widespread because of poverty, corruption, and lack of awareness, which aid traffickers. Prosecutions remain limited, both in number and effectiveness, and convictions even more so. Although the NAPTIP Act criminalizes trafficking, in practice the courts move slowly leading to NAPTIP securing very few convictions relative to the number of cases. With regard to protection, NAPTIP lacks adequate funding to maintain its shelters at a reasonable standard, and to provide adequate services to rescued victims. NAPTIP also lacks adequate funding to provide victims with rehabilitation, training, and microcredit loans and often looks to international NGOs and foreign governments for assistance. Overall, there is no evidence that trafficking is decreasing, and it may in fact be on the rise as widespread poverty continues to encourage desperate measures. Trafficking received increased attention in Nigeria and the government has increased public sensitization through its publicity campaigns. These campaigns include posters, print media, and radio commercials. Sensitization campaigns have had some effect as NAPTIP claims the publicity has forced traffickers to move their operations to more remote sections of the country. However, it is probably a mixture of public awareness and increased, visible enforcement efforts that have pushed the traffickers into the rural reaches of the country. While the media publicity is generally anti-trafficking, some NGOs complain that some Nigerian movies glamorize trafficking. Traffickers often employ deception to lure their victims. Traffickers will often lie to the victim about the work he/she will do. While some TIP victims know they will go into prostitution, many victims are told, and believe, they will pick fruit or be a domestic servant, and only later find out they will be subjected to hard labor or the sex industry. In parts of the south, some traffickers use traditional religious beliefs to frighten their victims into doing the trafficker's bidding and dissuade them from trying to escape or go to the police. Some young victims are desperate and ABUJA 00000404 002 OF 008 encouraged by their families to travel to Europe, but are unaware of the extremely difficult trek across the Sahara, which is the most common route. Once victims reach Europe, sometimes after several months of being forced to work in North Africa, they are then often kept virtual prisoners until they can repay the cost of their journey and turn a profit for the trafficker. Sometimes parents will agree to traffic a child, believing it to be for the good of the rest of the family. These parents will often convince or coerce the child into participating, using the example of prostitutes and laborers who have sent money to support their family. Traffickers will sometimes send a little money to the family for a while and then stop the remittances, claiming the child has escaped. Traffickers most often target the young and poor, aged 8 to 25 years. These men, women, and children are intended for prostitution, domestic work, or hard labor in the fields. International trafficking destinations include, but are not limited to, the ECOWAS countries, Italy, Spain, Saudi Arabia, Turkey, the Netherlands, Germany, Austria, Belgium, Denmark, France, Norway, and Ireland. Transit countries include countries in north and west Africa, particularly Libya and Morocco. While Libya and Morocco are not considered destination countries, often victims will live and work in these countries for an indefinite period of time during their travel. The absence of travel restrictions makes ECOWAS countries a destination for trafficking, but traffickers will seek greater profits in Europe. TIP victims in Europe are often involved in the sex industry. Italy is a prime destination for Nigerians, especially those from Edo State, who are being trafficked for the sex industry. Many are concentrated in Turin. TIP victims in the UK are often found in domestic work. In Saudi Arabia, TIP victims are found both in prostitution and domestic labor. In Nigeria and the rest of Africa, TIP victims are working in prostitution, domestic labor, and field labor. There is a large amount of internal trafficking, going from rural areas and states such as Akwa Ibom, Cross River, Imo, and northern states to the urban centers of Lagos, Abuja, and Kano. False documents are a common tool used to move TIP victims. Traffickers will often use the passport of a girl who has already traveled with a legitimate visa. The traffickers will substitute the photo and the victim will travel using the doctored passport. Traffickers work in a syndicate which includes a head pimp, usually a wealthy individual referred to as the "madam" or "italo sponsor" who heads the syndicate. The madams see trafficking as an avenue to profit, creating a need to find more recruits. The syndicate also includes recruiters, "trolleys" who are in charge of the transport of the victims and obtaining documentation, complicit police, immigration and/or ministerial level staff, and sometimes traditional religious figures who practice witchcraft to intimidate victims. Sixteen states have passed the Child Rights Act to deal specifically with human trafficking, but funding at all levels to carry out the mandate adequately is insufficient. Recent immigration reforms tightening the issuance of passports are expected to yield a decrease in trafficking, because they will make it easier to detect. -- C. The National Agency for the Prohibition of Traffic In Persons and Other Related Matters (NAPTIP) is the lead agency for all TIP issues. Common sources of trafficking information are NAPTIP, the Ministry of Labor and Productivity, the Ministry of Women's Affairs and Social Development, the International Organization for Migration (IOM),the UN Office on Drugs and Crime (UNODC),and UNICEF. -- D. The Nigerian government has made efforts to combat trafficking, but has thus far failed to provide sufficient funding to NAPTIP, the Nigerian Police Force (NPF),or the Nigeria Immigration Service (NIS) to allow them to fight trafficking in persons adequately. Moreover, the government's limited efforts are hampered by the country's corruption, endemic poverty, and porous borders. ABUJA 00000404 003 OF 008 -- E. The government monitors its anti-trafficking efforts through a quarterly anti-TIP stakeholders forum. NAPTIP does not issue an annual report, but does respond to queries. NAPTIP, the NPF, and NIS lack basic data on numbers of trafficking victims. However, NAPTIP has been working with USAID and an implementing partner, the American Bar Association (ABA),to develop a database system containing information on victims and traffickers that can be accessed and utilized by all agencies involved in the fight against human trafficking. -------------- INVESTIGATION AND PROSECUTION -------------- -- A. The government passed the Trafficking In Persons, (Prohibition) Law Enforcement and Administration Acts in 2003 and 2005 respectively, as well as the Child Rights Act in 2002 and 2005. The Child Rights Act increased sanctions and established the best interests of the child as an operating principle. The laws cover trafficking for both sexual and non-sexual purposes, as well as internal and external trafficking. In addition, traffickers can be prosecuted under the Criminal Code (applicable in southern states of Nigeria),the Penal Code (applicable in northern states of Nigeria),the Edo State Law Against Human Trafficking (applicable only to Edo State),the Labor Act (1974),and the Immigration Act. These laws taken together adequately cover the scope of trafficking in Nigeria. -- B. Under the Child Rights Act, the penalty for trafficking people for sexual exploitation purposes is ten years to life imprisonment and/or a $1,560 (200,000 naira) fine, which is far too lenient and does not act as a sufficient deterrent. The penalty for trafficking for purposes of labor exploitation is five years imprisonment and/or $780 fine (100,000 naira). The Criminal Code issues a sentence of two years imprisonment for procuring, pimping, and exploiting prostitutes. The Penal Code states trafficking in women for immoral purposes carries a seven year sentence; originally written as gender specific, it is now revised to allow for men and women to be prosecuted for this crime. -- C. The Criminal Code states forced labor has a penalty of imprisonment. The Penal Code states forced labor has a penalty of ONE year in prison. The Child Rights Act provides a ten-year sentence for trafficking children for hawking or begging. The Criminal and Penal Codes carry a 14-year sentence for externally trafficking persons into slavery. -- D. The penalty for rape is ten years and/or a 200,000 Naira ($1,560) fine, while forcible sexual assault carries a two year jail term. The penalty for rape is the same as trafficking for purposes of commercial exploitation. -- E. Prostitution is illegal at both the federal and state level; however, it remains widespread in Nigeria, centered mainly in hotels, bars, and crossroads areas such as truck stops. -- F. The data, although fairly unreliable, reflects that there were 80 new trafficking cases investigated, 23 cases prosecuted, and four convictions obtained during the reporting period. At the time of the report there were still 52 cases pending. -- G. The government does provide training in how to recognize, investigate, and prosecute instances of trafficking. In coordination with USAID and the American Bar Association, the following training was conducted during the reporting period: During FY07, in cooperation with NAPTIP, NPF, and National Judicial Institute (NJI) a total of 758 persons were trained with USG assistance as described below: ABUJA 00000404 004 OF 008 NPF: A total of 26 police academy instructors were trained on a new curriculum that was drafted by an additional five persons trained with the assistance of the American Bar Association. NIS: A total of 650 persons were trained during three events. The first event focused on training officers in the various North Central zone commands. Following this event, the officers from the first session assisted in step-down training for 592 new NIS officers posted to the North Central zone. The second event trained 28 instructors at the NIS schools on the new curriculum which includes trafficking issues. NAPTIP and NJI: A total of 43 judges and prosecutors were trained during two events. The training was aimed at helping build the capacity to prosecute and adjudicate TIP cases, with an emphasis on the rights of TIP victims during the court proceedings. -- H. The government of Nigeria does cooperate and actively work with several other countries in the investigation and prosecution of trafficking cases. NAPTIP worked with eight countries including Spain, Ireland, Netherlands, United Kingdom, Italy, France, Norway, and Belgium, with the United States as an observer, to apprehend an international ring of traffickers. NAPTIP also worked in coordination with other countries in the region, most notably Benin, Togo, and Cameroon. -- I. The government has established extradition agreements to repatriate traffickers. However, there have been no cases involving the extradition of any traffickers during the reporting period. -- J. Corruption is endemic within the Nigerian Police Force and Nigerian Immigration Service. The police and immigration officials are poorly paid and are prone to accepting bribes to turn a blind eye to trafficking. There is strong suspicion of complicity in trafficking by individuals at border posts as well as airports. In addition, officials do not always distinguish between victims of trafficking and prostitutes. -- K. NAPTIP makes every effort to investigate officials involved in trafficking but has a difficult time proving guilt. -- L. There was no evidence that peacekeeping troops deployed abroad were involved in or facilitating severe forms of trafficking or exploiting victims of such trafficking. -- M. Nigeria has not been identified as having a child sex tourism problem. However, children under 18 are often trafficked for sexual purposes. -------------- PROTECTION AND ASSISTANCE TO VICTIMS -------------- -- A. The government does not provide permanent residency status, only temporary residency status, to TIP victims. -- B. The government does provide assistance to TIP victims through NAPTIP shelter services. The shelters provide legal, medical, and psychological assistance for the victims. However, the shelters only provide temporary services, and generally not for more than six months. NAPTIP will keep victims at the shelter to obtain their testimony for prosecution of traffickers. TIP victims with sexually-transmitted diseases or who are HIV positive can obtain medical assistance while in the shelter. NAPTIP has an agreement with certain hospitals and clinics to provide service to TIP victims. NAPTIP in coordination with the USG, assisted 695 victims during the reporting period. NAPTIP maintains seven shelters in Lagos, Abuja, Benin City, Sokoto, Kano, Enugu and Akwa Ibom States. ABUJA 00000404 005 OF 008 -- C. The government does not provide funding to NGOs but does work closely with the International Organization for Migration (IOM) and UNICEF to receive TIP victims. IOM handles voluntary repatriations, whereas NAPTIP handles involuntary repatriations. IOM will transfer victims to NAPTIP's jurisdiction while NAPTIP sends the TIP victims to the shelters for long and short term counseling, rehabilitation, and reintegration services, as well as to NGOs. After the victims leave the shelter they can contact their state governments for assistance. With USG assistance, NAPTIP also worked with ABA to provide capacity building training to 34 counselors who serve the residents at the seven shelters run by NAPTIP. -- D. According NAPTIP, they identified over 800 victims during the reporting period; however, due to inadequate record keeping it is difficult to determine the true number. -- E. Prostitution is not legal. -- F. The rights of victims are protected under the NAPTIP Act. NAPTIP does not jail victims, though the agency keeps foreign TIP victims in shelters under guard until they are repatriated. Victims are not fined or prosecuted. -- G. The government does encourage victims to assist in the investigation and prosecution of trafficking as victim's testimony is usually required to prosecute. Victims can file suit against their traffickers but rarely do so because of poverty, fear, or pressure. NAPTIP will obtain a victim's testimony for prosecution and after that the victim will be free to return to their family, but there are instances where the victim has nowhere to go. As court cases lag, it is difficult to get victims to come in from their towns to the court and testify; the longer that phase, the less likely their appearance in court. There is a victim restitution program, which allows victims to obtain compensation from the traffickers. It has been established, but it is reportedly not effective, as few victims have obtained compensation. -- H. The government provides protection through the police. NAPTIP maintains seven shelters in Lagos (Lagos State),Abuja (Federal Capital Territory),Kano (Kano State),Sokoto (Sokoto State),Enugu (Enugu State),Uyo (Akwa Ibom State) and Benin City (Edo State). NAPTIP does not have any funds to reintegrate victims into society, but sometimes IOM and UNICEF have provided reintegration support funds, as have some NGOs. Because only a small percentage of Nigerians are able to find formal sector employment, legitimate employment opportunities for rehabilitated trafficking victims are severely limited. Child victims are placed in shelters and reunited with their families if possible. Sometimes families cannot be located or are unwilling to accept the child. -- I. The government provides training to NAPTIP, NIS, and police officials in trafficking matters. Nigerian Embassies and Consulates are also sensitized to human trafficking through training conducted by NAPTIP. The Nigerian Embassy in Italy aids TIP victims in country by connecting them to NGOs who can provide assistance. -- J. The government provides assistance through the NAPTIP shelters and the victim assistance package. The NAPTIP shelters provide medical support and work closely with Women Trafficking & Child Labor Eradication Foundation (WOTCLEF) in providing shelter and healthcare. TIP victims choose a vocation and are provided with the necessary equipment and training. In addition, some states provide assistance to TIP victims through their own programs. In Edo State, there is training for TIP victims through the UNICEF center in Benin City, as well as through other NGOs. TIP victims can receive training in hairdressing, sewing, computers, and catering. Some TIP victims are eligible for microcredit, though in practice, the number of victims receiving funding is small. NGOs report that microcredit must be accompanied by skill and management training in order to maximize effectiveness. ABUJA 00000404 006 OF 008 -- K. UNICEF, ABA, IOM, ILO, ECOWAS, and the AU work with TIP victims. IOM meets repatriated victims at the port of entry and refers them to NAPTIP. IOM also supports the Lagos shelter. UNICEF has provided funds for food and training equipment for the shelter. UNICEF helped fund a training center for youth, including trafficking victims, in Benin City. Prominent local NGOs include WOTCLEF, the Women's Consortium of Nigeria (WOCON),Idia Renaissance, the Society for the Empowerment of Young Persons (SEYP),Women's Rights Advancement and Protection Alternative (WRAPA),Girl's Power Initiative (GPI),African Women Empowerment Guild (AWEG), Committee for the Support of the Dignity of Women (COSUDOW), and the Network for Justice and Democracy (NJD). NAPTIP refers victims to some of these organizations for rehabilitation, as they often lack the necessary funding. The government does not allocate sufficient resources to NAPTIP to carry out its mandate effectively. NAPTIP and NGOs suggest there is a lack of political will to convince the executive and legislative branches to dedicate more resources to TIP. -------------- PREVENTION -------------- -- A. The government does acknowledge that TIP is a problem in Nigeria. -- B. NAPTIP has conducted anti-trafficking public awareness and education campaigns during the reporting period. The campaigns largely involved posters, billboards, commercials, and forums in villages to sensitize the public to the problems of trafficking. NAPTIP targeted schools for its primary education drive. These efforts have forced traffickers to move their recruiting activity to more remote areas. However, reports show that the trafficking has merely moved, not decreased. NGOs have also been active in sensitization campaigns to target potential victims. These campaigns generally consist of a rally or conference, distribution of anti-trafficking paraphenalia, and publicity through the media. Unfortunately, due to insufficient record keeping, it is difficult to determine the number of people reached by these efforts, or whether these outreach efforts have dissuaded any potential victims. The government implemented an education reform plan called the Universal Basic Education (UBE) program, with the goal of improving facilities and establishing basic education standards. The UBE is ONE attempt to make children less vulnerable to trafficking by keeping them in school. However, implementation of the UBE has been spotty. -- C. The government has several different methods to work with NGOs active in TIP. The national stakeholder forum, established by NAPTIP in 2003, met monthly in each state and quarterly in the six regional zones, including Abuja, giving all organizations interested in TIP an opportunity to collaborate. The national forum includes representatives from state-level working groups, NGOs, and international agencies such as UNICEF, ILO, and IOM. The regional forums consist of local government officials, traditional rulers, police, immigration authorities, churches, and NGOs. Additionally, there were 29 state-level anti-trafficking committees, consisting of immigration officials, civil society organizations, law enforcement agents, and federal ministries. These groups were charged with coordinating action in trafficking cases and creating prevention programs on the local level. Local NGOs and churches have a cordial relationship with NAPTIP, and the agency participates in NGO conferences and sometimes refers TIP victims to the NGOs for rehabilitative work. In Benin City, NAPTIP often refers victims to Idia Renaissance and the Committee for the Support and Dignity of Women (COSUDOW). In Abuja, NAPTIP often relies on WOTCLEF for assistance with sheltering, education, and rehabilitation for victims. NGOs work in a consultative manner with NAPTIP, but the agency makes the final decisions. Some NGOs report being unaware of stakeholders' meetings or ABUJA 00000404 007 OF 008 other developments. -- D. NAPTIP works closely with the Nigerian Immigration Service (NIS) to monitor trafficking patterns. The NAPTIP Director of Investigations is a highly respected senior Immigration Officer who has direct access to the Comptroller General of Immigration. NAPTIP's sensitization training has helped immigration authorities to recognize trafficking at the borders. According to NAPTIP officials, the large flow of migrants across Nigeria's borders makes it difficult for NIS to tell the difference between trafficking and alien smuggling. NAPTIP has been working with the American Bar Association (ABA) on conducting additional training at each border post around Nigeria to equip the officers on the ground better. With USG assistance, ABA is also helping NAPTIP with the development of a database of traffickers and their victims; once operational, the database will assist police and NIS in identifying potential suspects and victims. Recent changes in immigration law tightening passport issuance are also expected to decrease trafficking. -- E. NAPTIP is made up of officers from both the Nigerian Immigration Service and the Nigeria Police Force, allowing for coordination between the agencies. However, NAPTIP is the lead agency and point of contact on all TIP issues. The Economic and Financial Crimes Commission (EFCC) and the Independent Corrupt Practices and Other Related Offenses Commission (ICPC) handle issues of public corruption, and the EFCC is the lead prosecuting agency on corruption cases. -- F. A national plan of action was developed in 2006, but was never approved by the former President. It is unclear whether the new president or his administration have seen the proposed national action plan or if such a plan will be disseminated. -- G. Although there are statues at both the federal and state levels criminalizing prostitution, the commercial sex industry is pervasive. -- H. N/A -- I. Many Nigerian peacekeeping troops undergo human rights training through Africa Contingency Operations Training and Assistance (ACOTA) seminars before deployment. -------------- ANTI-TIP HEROES -------------- -- Mr. Mohammed Babandede, Director of Investigation and Monitoring for NAPTIP has been with the agency since its inception and has dedicated his time (and sometimes his own money) to combating trafficking. His dedication and diligence have directly led to the 14 convictions NAPTIP has been able obtain over the years. -- Ms. Grace Osakue, co-founder and South-west coordinator of Girls' Power Initiative (GPI),and country coordinator for International Reproductive Rights Research Action Group (IRRRAG),works tirelessly to empower adolescent girls to help them develop into healthy, self-reliant, and productive women who will contribute to the further development of Nigeria as well. -------------- BEST PRACTICES -------------- -- NAPTIP has made efforts to collaborate with foreign governments in order to crack down on international trafficking rings. In coordination with countries such as the United Kingdom, France, Spain, Norway, Ireland, Italy, Belgium, and the Netherlands, NAPTIP assisted with the investigation and arrest of over 20 traffickers worldwide. NAPTIP realizes that trafficking is a global issue and eagerly attempts to work with their international colleagues to combat TIP. ABUJA 00000404 008 OF 008 -------------- CONTACT AND PREPARATION INFORMATION -------------- Nyree Tripptree, Political Officer, Abuja Telephone: 234-9-461-4245 or 234-803-408-1071 E-mail: tripptreena@state.gov Number of hours spent on preparation of the Nigeria TIP report: Chief of Mission: 1 Deputy Chief of Mission: 1 Political Counselor: 1 Deputy Political Counselor: 1 USAID Officers: 5 INL Officer: 1 PolOff Lagos: 10 PolOff Abuja: 50 SANDERS