LESOTHO: 2008 TRAFFICKING IN PERSONS REPORT SUBMISSION

UNCLAS SECTION 01 OF 05 MASERU 000073

SIPDIS

SIPDIS

DEPT ALSO FOR G/TIP, AF/S

E.O. 12958: N/A
TAGS: ELAB KCRM KFRD KWMN PHUM PREF SMIG LT
SUBJECT: LESOTHO: 2008 TRAFFICKING IN PERSONS REPORT SUBMISSION

REF: STATE 2731

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1. (U) SUMMARY: Following extensive interviews with local
experts, law enforcement officials, and members of Lesotho's
civil society, post has not identified a substantiated case of
trafficking in persons in the Kingdom of Lesotho. In drafting
this report, sources informed post of a case involving an
Ethiopian woman in Lesotho who claimed abuse by her employer;
this is an on-going legal case, however, in which key facts are
still being established in Lesotho's courts. There are large
numbers of Basotho living legally and illegally in neighboring
South Africa, which completely surrounds Lesotho, mostly as
economic migrants who have crossed the porous border. This
population may be vulnerable to exploitation while in transit or
once within South Africa; however, post's sources had no
concrete information regarding organized trafficking and are not
aware of any outstanding cases involving Basotho victims in
South Africa. There are no NGOs in Lesotho that work
exclusively or specifically with trafficking victims. Lesotho
is a least development country and its only international flight
connections are directly to and from South Africa (where wage
levels are much higher). There is, therefore, no economic
incentive for trafficked persons, or traffickers, to identify
Lesotho as a final destination. END SUMMARY.


2. (SBU) Post's primary sources (PROTECT) for this report are
Inspector Thosa, Child and Gender Protection Unit (CGPU);
Superintendent Thabang Letsie, Lesotho Mounted Police Service
(LMPS) Criminal Investigation Division (LMPS); Pulane Lechesa,
Legal Officer, Directorate of Legal Affairs in the Ministry of
Foreign Affairs; Mookho Thahane, Child Protection and Advocacy
Officer, World Vision; Sisters Lylian Mphutlane and Bathilda
Heqoa, Elizabeth Catholic Church; Flora Gitari, Country Director
a.i., and Sechaba Mokhameleli, Program Officer, Action Aid;
T'seli Shale and `Mats'epang Mokatse, Programs Managers, Lesotho
Save the Children; Palesa Montsi, Inter-Governmental Ministerial
UNESCO Committee on Human Trafficking; Lydia `Muso, Lesotho
Child Counseling Unit (LCCU); and Teboho Nthlakana, Ministry of
Justice and Human Rights. None of these sources, with the
exception of the LMPS in the case of a particular case cited in
paragraph 3 below, were able to identify a case of trafficking
in persons as defined reftel. These sources, however, did
report rumors of undocumented cases of migrant smuggling of
Basotho into South Africa, and that some of those smuggled may
have become commercial sex workers.

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Response to Questions
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Below are the responses to questions posed reftel regarding the
trafficking in persons situation in Lesotho.

OVERVIEW
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3. Is the country a country of origin, transit or destination
for international trafficked men, women, or children?

Lesotho is a least development country completely landlocked by
South Africa. It shares a long and porous border with South
Africa, and its only international flight connections are
directly to and from Johannesburg (where wage levels are much
higher). There is, therefore, no economic incentive for
trafficked persons, or traffickers, to identify Lesotho as a
final destination. However, members of Lesotho's police service
have discussed with Embassy staff suspicions of Lesotho serving
as a transit point for South and East Asians being smuggling
into South Africa. It is unknown whether any of these
individuals were victims of trafficking.

Only one official case currently in Lesotho which appears
related to trafficking. This is an on-going legal case in which
key facts are still being established in Lesotho's courts.

An Ethiopian woman residing illegally in Lesotho contacted the
Ethiopian Embassy in Pretoria to claim that she was abused by
the Ethiopian family with whom she was residing in Lesotho. She
indicated that she was forced to work long hours and was
physically assaulted by the female owner of the house.
Lesotho's Police Criminal Investigation Division launched an
investigation after being contacted by the Ethiopian Embassy in
South Africa. Police established that the complainant had
entered Lesotho illegally and did not have a passport, residence
permit, or work permit. She claimed that her passport was taken
by her employer and subsequently stolen in a burglary.

The Ethiopian worker stated to police that she had come to
Lesotho voluntarily. As Lesotho has no specific law defining
trafficking as a criminal offense, the police charged the family
as well as the women claiming abuse of violation the Aliens
Control Act and the Labor Law. During their investigation,

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police also found out that members of the accused family had
made periodic bank deposits to the accuser's account which they
stated was payment for her services. On February 16, 2008, the
police informed post that they were awaiting news of a financial
settlement between the two parties before they take further
action.


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


4. Which government agencies are involved in anti-trafficking
efforts?

Lesotho's Ministry of Home Affairs and Public Safety; the
Lesotho Mounted Police Service (including the LMPS's Child and
Gender Protection Unit); the Ministry of Justice's Human Rights
Unit; the Ministry of Education and Training; the Ministry of
Gender, Youth and Sports; and the Ministry of Labor and
Employment are each involved to varying degrees in any reported
anti-trafficking efforts. These government agencies cooperate
with the local UNICEF and UNESCO offices to address reports of
child prostitution, which is thought to be a poverty-driven
phenomenon and not the product of organized criminal syndicates.


5. How reliable are statistics regarding trafficking and what
are their sources?

Due to Lesotho's lack of legislation on trafficking issues,
official information and official records on the issue are not
maintained.


6. Are there or have there been any government-run
anti-trafficking public information or public education
campaigns?

Not specifically on anti-trafficking. An inter-sectoral
committee made up of government ministries and NGOs has held
public gatherings on human rights which have addressed
trafficking issues. Some local and international NGOs have
conducted public awareness campaigns on human trafficking.


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

While intended to address economic empowerment rather than human
trafficking, the government's ongoing incremental implementation
of free primary level education (completed in 2006) has the
effect of expanding school enrollment and attendance, which in
turn reduces the opportunities for child trafficking.

The U.S. Government conducts occasional programs to raise
awareness of trafficking and diminish its


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

The GOL generally has a good operational relationship with
Lesotho's civil society, although traditional tensions between
governing and opposition political parties can in some cases
limit collaboration. On trafficking issues, however, the GOL
remains receptive and open to interaction and cooperation with
civil society.


9. Does the government adequately monitor its borders?

Lesotho's control of its border is generally considered
inadequate. Lesotho is entirely surrounded by South Africa, and
the border is comprised of rivers and rugged and mountainous
terrain, making its monitoring and patrolling difficult.
Criminal elements take advantage of the nation's porous borders
to conduct smuggling of livestock, small weapons, vehicles, and
marijuana.


10. 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?

UNESCO and representatives from relevant GOL ministries
established an inter-ministerial committee with the intention of
conducting research and creating awareness on human trafficking.
Lesotho's civil society, however, often criticizes the
effectiveness of this committee. The International Organization
for Migration (IOM) and UNICEF also liaise with the GOL and
various NGOs to promote anti-trafficking efforts.


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INVESTIGATION AND PROSECUTION OF TRAFFICKERS
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11. 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 such legislation
since the most recent TIP report. An existing law, however,
does prohibit the procurement of women or girls for the purpose
of prostitution. Traffickers could be charged under Lesotho's
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 that "no person shall be
held in slavery or servitude."

The Child Protection Act of 1980 and the Sexual Offenses Act of
2003 can be used to prosecute offenders, but do not sufficiently
address issues of human trafficking. The Child Protection and
Welfare Bill, which is slated to replace the Child Protection
Act of 1980, is still waiting to be passed into law.


12. What are the penalties for traffickers of people for sexual
exploitation?

As there is no specific legislation on human trafficking, there
are no specific sentences for trafficking for sexual
exploitation. Instead, the GOL can apply laws that prohibit
kidnapping, forced labor, or sexual abuse.


13. Punishment for Labor Trafficking Offenses?

As there is no legislation on human trafficking, there are no
specific sentences for trafficking for labor exploitation.
Instead, the GOL can apply laws that prohibit kidnapping, forced
labor, or sexual abuse.


14. 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 death, depending on the nature of the
case and the jurisdiction of the magistrate presiding over the
case.


15. Is prostitution legalized or decriminalized?

Lesotho's legal code does not address prostitution.
Prostitution is not, therefore, de jure illegal; however,
prostitutes are often arrested for other offenses.


16. Has the government prosecuted any cases against traffickers?

As there is no specific legislation on human trafficking, there
have been no prosecutions.


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

There were no official reports during 2007.


18. Does the government actively investigate cases on
trafficking?

As the case of the Ethiopian woman recounted above in paragraph
3 demonstrates, authorities do actively investigate cases of
alleged trafficking.


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

No. The GOL inter-ministerial committee and UNESCO have
requested that U.S. Embassy Maseru provide resources for such
training.


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

There are no known cases of the GOL either asking other
governments or being asked by other governments to assist in
trafficking investigations or prosecutions.


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

There are no known cases of the GOL being requested to extradite
persons charged with trafficking to other countries.


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22. Is there evidence of government involvement in or tolerance
of trafficking, on a local or institutional level?

No.


23. Have any government officials been prosecuted for
involvement in trafficking?

No.


24. If the country has an identified child sex tourism problem
(as source or destination),how many foreign pedophiles has the
government prosecuted or deported/extradited to their country of
origin?

The country has not been identified as having a child sex
tourism problem, and no foreign pedophiles have been identified.
In June 2001, Lesotho submitted to the ILO an instrument of
ratification for 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 Persons, especially Women and Children,
Supplementing the UN Convention Against Transnational Organized
Crime is currently under discussion for ratification.


PROTECTION AND ASSISTANCE TO VICITMS
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25. 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 generally, but it is not specifically geared to
trafficking victims. No other assistance to trafficking victims
is funded by the government.


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

Since there are no NGOs in Lesotho with a focus exclusively on
trafficking, the government does not provide such support.


27. 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?

There are no such processes in place in Lesotho.


28. 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?

While the final conclusion of the trafficking case detailed in
paragraph 3 involving an Ethiopian woman has not yet been
resolved, the Government of Lesotho did accuse both her and
those whom she accused of abuse of violations of the Aliens
Control Act and the Labor Law. However, the possible
trafficking victim has not yet been punished or given any
sentence under these statutes.


29. 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?

The government did interview the possible trafficking victim
identified in paragraph 3 and is using her testimony in an
ongoing criminal case. There is no victim's restitution
program, although the Lesotho Mounted Police Service has
actively encouraged those accused of abusing this individual to
pay her back wages. There have been no cases of trafficking
victims suing their exploiters.


30. What kind of protection is the government able to provide
for victims and witnesses? Does it provide these protections in

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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 government does not provide specific protection or support
to trafficking victims. Child victims, however, would be
eligible for support from the Ministry of Health and Social
Welfare and the Lesotho Child Counseling Unit (LCCU).


31. 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. An inter-ministerial
committee was established under the chairmanship of UNESCO, and
such training may be provided by this committee in the future.


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

The government does not offer such services. Foreign donors,
however, funded certain local orphanages to build new shelters
or expand existing structures.


33. Which international organizations or NGOs, if any, work
with trafficking victims? What type of services do they
provide? What sort of cooperation do they receive from local
victims?

World Vision has assisted local NGOs to disseminate trafficking
information to the public. Other local NGOs have begun limited
public awareness campaigns, but have indicated that a lack of
resources hamper their efforts. One local NGO conducted a study
of the trafficking situation in 2006, but the results of the
study have been dismissed by the government and much of
Lesotho's civil society as unscientific and unreliable.


34. (U) POC on trafficking: Chris Smith, PD/Econ/Pol Officer,
Tel: 266-22-312-666, email: SmithCM3@state.gov
NOLAN