GABON: TRAFFICKING IN PERSONS REPORT 2008

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SUBJECT: GABON: TRAFFICKING IN PERSONS REPORT 2008

REF: STATE 2731

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1. (U) Embassy POC for Trafficking in Persons (TIP) issues is
Poloff Leslie Doumbia, Tel: 241-76-20-03, Mobile:
241-07-91-02-21, Fax: 241-74-55-07. To prepare this report,
Poloff Leslie Doumbia spent 25 hours, Political Assistant
Cedric Pehoua spent 15, DCM Nathan Holt spent five 5 hours,
and Ambassador Eunice Reddick spent one hour.


2. (U) Following responses are keyed to reftel paras 27-30.


3. (SBU) Overview of Gabon's activities to eliminate
trafficking in persons:

27-A: Gabon is primarily a destination country for children
trafficked from Benin, Nigeria, Togo, and Guinea, among other
countries. Informal and unsubstantiated estimates of the
number of persons trafficked range from several hundred to
several thousand. Girls are employed as domestic servants,
in market vending, and as staff in roadside restaurants,
while boys are employed in small workshops and as street
vendors. More recently, young adults appear to have been
trafficked to Gabon under false pretenses to work as forced
domestic servants and prostitutes. The victims are typically
trafficked into the country by boat and deposited on one of
many deserted beaches to avoid detection. Gabon has only a
minimal ability to patrol its coastal waters and its land
borders are likewise poorly policed. Gabon therefore has
only a minimal ability to prevent the entry of persons,
including trafficking victims, into the country. The United
States is providing assistance to help Gabon improve its
coastal patrol capabi
lities.

The trafficking of young adults, believed to be on the
increase, is in some cases difficult to distinguish from
traditional labor migration. Gabon is a destination country
for labor migration from other, poorer African states.
Officials in Gabon consistently contend that a single-country
approach to trafficking is counterproductive. Gabon supports
and participates in regional initiatives against trafficking.

Comprehensive official statistics on trafficking are
unavailable, although the government has provided some data
on efforts to combat trafficking. NGO's and UN
organizations, particularly UNICEF, are other sources of
information on trafficking, and information appears
occasionally in the Gabonese press. There is an
inter-ministerial committee that regularly meets to follow
child trafficking issues. They are finalizing their report
of 2007 activities and preparing their plan of action for

2008.

27-B:

There is evidence that the nature of trafficking in Gabon is
changing to include older victims in locations other than
Libreville. Active law enforcement and increased awareness
have forced traffickers to change their tactics. While the
majority of the victims are still employed in various forms
of forced labor, there are fewer victims visible to the
mainstream population. There appears to be also an increased
number of victims used for commercial sex work, specifically
in the city of Port Gentil.

Most trafficking victims continue to arrive from Benin, Togo,
Nigeria, and Guinea, with smaller numbers coming from Sierra
Leone, Liberia, Burkina Faso, and Cameroon. Most are
employed in Libreville and Port Gentil, but victims are also
found in smaller towns in the interior, including Oyem,
Gamba, Tchibanga, and Franceville. The great majority arrive
by boat (pirogues). Many victims arrive in Gabonese waters
in large pirogues that remain over the horizon and transfer
passengers to smaller pirogues that take advantage of Gabon's
numerous estuaries and rivers to infiltrate children and
other trafficking victims into the interior.


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Traffickers/exploiters appear to operate in loose
ethnic-based crime networks. Most of the traffickers of
children are women. As best we can determine, large
international organized crime syndicates are not involved;
neither are employment, travel and tourism agencies or
marriage brokers.

27-C: The Gabonese Department of Labor houses the
inter-ministerial committee charged with coordinating the
government's activities to combat child trafficking. This
committee includes representatives from the ministries of
interior, foreign affairs, social affairs, justice, human
rights, transportation, and family affairs.

27-D: Although Gabon is wealthier than many of its
neighbors, key government institutions, including the police,
the navy, the ministry of labor, and the ministry of social
welfare, are under-funded. Gabon therefore faces serious
obstacles in efforts to effectively police borders,
investigate alleged trafficking, assist victims and bring
perpetrators to justice. Corruption is also a significant
problem in Gabonese society, reducing significantly the
effectiveness of government actions.

Government agencies rescued 30 children of various ages
believed to be victims of trafficking in 2007, according to
government statistics. Of these, the majority were placed in
natural or foster families. Eight fled and are believed to
have returned to live on the streets. There are three NGOs
in Gabon working with trafficked children.

27-E: The Department of Labor, via the inter-ministerial
committee, is in the process of mapping the resources and
capabilities of all of the actors (internal departments,
international organizations, and bilateral partners) working
in Gabon in the fight against child trafficking, in an effort
to identify and address gaps. Gabon has participated in
regional initiatives to improve maritime and land border
security, and in regional anti-trafficking initiatives.
Government tracks the outcome of children rescued from
trafficking, and has provided some information on the status
of cases brought against traffickers.

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

28-A: Gabon has a law specifically prohibiting trafficking
in persons. The law does not distinguish between children
trafficked for sexual purposes and those trafficked for
labor. Law 09/04, enacted September 21, 2004, protects
children against trafficking into Gabon and can carry prison
sentences of 5-15 years and fines from $20,000 to $40,000.
Gabon has not implemented any new legislation since the last
TIP report.

This law does not make provisions for internal trafficking.
Should such a case occur, the Gabonese constitution and labor
codes protect children against exploitation. Criminals can
be charged with violating child labor and truancy laws.
Chapter 4, Article 177 of the Gabonese labor code states that
children cannot be employed under the age of 16, without the
authorization of a special decree. Law Number 9/66 of the
Gabonese constitution obliges all children living in Gabon to
attend school between the ages of 6 and 16.

The trafficking law (Law 09/04) also does not protect victims
over the age of 18. However, current Gabonese legislation
bans all forms of forced labor.

28-B: There are no prescribed penalties for trafficking
people for sexual exploitation. However, anyone accused of
sexual exploitation can be brought up on charges from
Articles 255 to 263 of the Gabonese penal code.

28-C: While Gabon's law against child trafficking imposes

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criminal penalties upon those convicted of trafficking
offences. The law does not distinguish between children
trafficked for sexual purposes and those trafficked for
labor; however, it explicitly prescribes penalties for
trafficking for labor exploitation. The law treats
traffickers and those who employ trafficking victims the
same.

To date, however, there have been no successful prosecutions
of individuals arrested for child trafficking offenses. Nor
have there been suspended sentences of prosecutions resulting
only in the imposition of fines.

Slow and ineffective prosecution, combined with lengthy
pretrial imprisonment, are unfortunately hallmarks of the
Gabonese judicial system for most detainees, including
suspected traffickers. Most participants in this flawed
system, including police, detainees, lawyers, and human
rights advocates, view these lengthy detentions as a de facto
form of punishment.

According to statistics from the Gabonese government, 16
persons were arrested for suspected trafficking offenses
between January 2007 and February 2008. Of those arrested,
three escaped. Five were released by the tribunal pending
further proceedings because of "hardship", including the need
to care for lawfully dependant children. Eight persons were
awaiting trial and judgment by the end of the period. All
the persons arrested were women. Government also reports
that it is attempting to bring a case against a male citizen
of Benin whom it suspects of trafficking.

28-D: Penalties for rape range from two to ten years in
prison and fines, and are not as stringent as those against
trafficking for commercial sexual exploitation.

28-E: There are no laws specifically outlawing prostitution,
but activities that profit from prostitution, including
pimping and brothels, are criminalized. Police can apply
public obscenity laws to prostitution, which carry a prison
sentence of 1 to 2 years.

28-F: As noted above, 16 persons were arrested for
trafficking offenses between January 2007 and February 2008.
None of those cases had proceeded to trial and resolution
before the end of the review period. In Gabon's judicial
system, a case can take up to two years before a trial. Even
after the verdict is announced, no definitive conviction can
be announced until all appeals have been exhausted. That
process can take significant additional time.

Ministry of Justice officials say that pre-2007 trafficking
cases have also languished because the victims were
repatriated to their countries prior to trial. The Ministry
of Justice says it has worked with other relevant government
agencies so that the victims can stay in Gabon, and receive
appropriate care, until the prosecution makes its case.

In the cases of women operating in open-air markets,
traffickers are sometimes also the employer of trafficked
children. Except for these cases, there have been no other
arrests or prosecutions of employers of trafficked children.

The Ministry of Justice is currently working on a project to
assign judges for two year terms to work exclusively on
trafficking cases.

28-G: The government has worked with international
organizations (including the ILO and foreign embassies) to
provide various forms of specialized training on human
trafficking. Training has focused on prevention and
assistance to victims. The Gabonese government has fully
subscribed to anti-trafficking training when offered,
allowing law enforcement and ministry officials the time to
attend. Gabonese officials have expressed strong interest in
the upcoming Department of Justice International Criminal
Investigative Assistance Training Program (ICITAP) project.

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28-H: Gabon advocates a regional approach to trafficking
problems. A regional information-sharing hub for law
enforcement agencies proposed in 2004 is not yet operational.
A Gabonese delegation attended a joint conference of the
Economic Community of West African States (ECOWAS) and the
Economic Community of Central African States (ECCAS or CEEAC
in its French acronym) in Abuja in July 2006, where an accord
was signed to address trafficking from a regional approach.
Following the completion of its Plan of Action 2008, the
inter-ministerial committee plans to work on the
implementation of the requirements of that agreement. Gabon
also attended a regional meeting on child protection in Sao
Tome and Principe in September 2007, at the invitation of
the Government of the Republic of Sao Tome and Principe and
the General Secretariat of CEEAC, with support from UNICEF.

The government works with other countries' governments on the
repatriation of victims to their countries of origin. Law
enforcement officials maintain informal and unofficial
contact with counterparts in countries of origin.

28-I: There have been no instances of extradition for
individuals accused of trafficking by other states, nor of
any requests by other governments for Gabon to do so. Gabon
has extradited foreigners to their home countries when
requested by law enforcement authorities.

28-J: There is no evidence implicating the government in
trafficking. The lack of political will to punish the
employers of trafficked children is at times viewed as
government toleration of the practice.

28-K: No government officials have been implicated in
trafficking or corruption connected with trafficking.

28-L: Gabon contributes a small number of troops to a
peacekeeping operation in the Central African Republic.
There have been no reported instances of them engaging in or
facilitating trafficking, or exploiting victims of such
trafficking.

28-M: Gabon has not been identified as being a child sex
tourism destination.

--------------
PROTECTION AND ASSISTANCE
TO VICTIMS
--------------

29-A: The inter-ministerial committee sponsored a workshop in
February that included all committee members, NGO
representatives, and several international partners,
including UNICEF, to discuss ways in which to better care for
victims of child trafficking. Recommendations included
issuance of temporary living permits to victims awaiting
repatriation so they could better access social services and
the formulation of an easier reinsertion process. These and
other recommendation will be put forward as proposed
legislation at a later date.

Generally, government supports efforts by reception centers
to care for trafficked children. It also allows de facto
temporary residency status and does not deport trafficked
children.

29-B: The government has three reception centers in Gabon for
trafficking victims, which provide educational, medical, and
psychological services. Two centers are located in
Libreville and one in Port Gentil. Child victims reside in a
center until their repatriation can be arranged. Reception
centers are clean and adequately funded, and center staff
members work with the embassies of countries of origin to
repatriate victims.

Comprehensive official figures on number of victims and
funding sources are unavailable. However, government reports

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that for the year ending February 2008, nine children had
been repatriated from the three reception centers, eight
remained at the centers, and 10 had left the centers under
other arrangements. Two of those had had left the centers,
aged 17 and 20, were subsequently arrested.

Government reports that between January 2007 and February
2008, 24 suspected child trafficking victims were rescued
from living on the streets. Of these, 11 were placed in
foster families, and five returned to their natural families.
Eight were reported to have fled and returned to live on the
streets.

29-C: The government provides some material support to NGOs
and UNICEF to fight trafficking. There is a joint
UNICEF-government call center which is staffed by employees
of the Gabonese government, housed in a government-owned
office building, with expenses covered by the Government.
UNICEF has fully or partially funded numerous projects and
initiatives related to child trafficking at the national and
regional level.

29-D: Security forces attempt to identify trafficking victims
among high-risk persons with whom they come in contact. The
security forces screen apparent trafficking victims based on
age. Those 16 and under are placed in the Government-run
center or temporary family foster arrangements; older victims
are placed with a Catholic charity; and Nigerian victims are
placed with the Nigerian Embassy.

29-E: Gabon has no law specifically outlawing prostitution,
although activities profiting from prostitution are
criminalized. The government does not have an effective
mechanism for screening for trafficking victims among persons
involved in the commercial sex trade.

29-F: Victim's rights are generally respected. Victims are
typically housed in reception centers or foster families
until repatriated. Victims have been housed in jails
overnight on occasion, but were not confined in the cells and
were segregated from criminal detainees.

There is one case of two Beninese citizens, currently aged 17
and 20, who presented themselves to Gabonese authorities as
victims of trafficking, and identified a Beninese man as the
trafficker. When confronted, the accused trafficker made
counter-accusations against his accusers--who were jailed for
two months. The case is ongoing, with government officials
examining possible criminal proceedings against all involved.
UNICEF is working with Ministry of Justice officials to
ensure that the rights of the alleged trafficking victims are
respected in these proceedings.


29-G: Victims and their testimony are needed for prosecution
of the offenders. While testimony has been taken by law
enforcement agencies in the course of arrests, in many of the
older pending cases the victims were repatriated before the
prosecution could depose them. This has slowed down
prosecution in these cases. The Ministry of Justice has
worked with other relevant government agencies to keep the
victims in Gabon (and taken care of) until the prosecution
can make their case. There have been no known instances of
victims taking civil legal action against their traffickers,
but the poverty and lack of education on the part of both
traffickers and victims make such action unlikely. There are
no programs for restitution.

29-H: The government has no witness protection program. The
government-run centers are the primary shelters for
trafficking victims.

29-I: The government does not provide specialized training
for officials, but encourages NGOs and donor countries to
provide training, and permits and encourages full
participation in the training by security and ministry
officials.

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29-J: There have been no reports of Gabonese trafficking
victims being repatriated from other African states.

29-K: UNICEF and the Italian NGO ALISEI are active in Gabon.
Both organizations provide assistance to victims and assist
in the training of law enforcement and ministry employees.
The government provides material resources to these entities,
but does not contribute any monetary assistance.

--------------
PREVENTION
--------------

30-A: Gabon acknowledges trafficking as a problem, and has
taken steps to fight the problem, including the passing of a
trafficking law, the support of victim care centers,
participation in international anti-trafficking efforts, and
the arrest and detention of alleged traffickers. Gabon, a
destination country for both trafficking and regional labor
migration, sees itself as victimized by a problem that is
created by regional poverty. Gabon therefore argues strongly
for a regional approach to prevent trafficking. Gabonese
authorities further assert that it is the responsibility of
the country of origin to contribute to the costs of victim
care and repatriation. Government officials expressed their
intention to work closely with members of CEEAC, in
particular, but also ECOWAS, to ensure the commitments made
at the 2006 ECOWAS/CEEAC conference are met.

30-B: The government ran information/educational campaigns
throughout the year. Gabon's inter-ministerial committee ran
campaigns to target cities, towns and villages outside of
Libreville. Government media also provided coverage to
trafficking issues, including the ongoing regional
initiatives.

30-C: The government worked throughout the year with local
and international organizations on prevention and protection
of victims. ALISEI worked with government and other partners
to establish a network of NGOs working on the issue. In
February 2008, ALISEI, with its government and other NGO
partners, released a collection of all of the current laws
and regulations concerning child trafficking to foster better
understanding among all of the actors in the fight against
this problem.

30-D: The government attempts to monitor both emigration and
immigration. Political will supports serious efforts to
combat illegal immigration. Despite political will, however,
traffickers take advantage of Gabon's mainly long and poorly
patrolled coastline as well as its porous land borders. The
government continues to expend effort and resources to
improve immigration controls.

30-E: There is an Inter-Ministerial Committee to Combat Child
Trafficking which has been more active this year than in the
past. However, the committee still has no clearly defined
budget or offices, and there are significant problems in
coordination among various government agencies. The
government also has a commission to combat corruption and a
minister responsible for oversight of anti-corruption
activities. The president has also spoken out strongly
against corruption. Anti-corruption activities have so far
had mixed success, however.

30-F: In 2007, the Inter-Ministerial Committee to Combat
Child Trafficking developed a TIP strategy, drafted with
input from NGOs and international agencies, but was unable to
fully implement it due to resource constraints and lack of
coordination. The committee is preparing its plan of action
for 2008. The Gabonese Gendarmerie and National Police have
taken the initiative to implement anti-trafficking law
enforcement strategies.

30-G: There was no government action during the reporting
period to reduce the demand for commercial sex acts.

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30-H: Not Applicable.

30-I: Not Applicable.
REDDICK