AN INTERIM ASSESSMENT OF MALI'S ANTI-TIP EFFORTS

UNCLAS BAMAKO 000005

SENSITIVE
SIPDIS

C O R R E C T E D COPY SIGNATURE

E.O. 12958: N/A
TAGS: ELAB KCRM KFRD KWMN PHUM PREF SMIG ASEC ML
SUBJECT: AN INTERIM ASSESSMENT OF MALI'S ANTI-TIP EFFORTS

REF: BAMAKO 00312
BAMAKO 000707

1.(SBU) Summary: On December 16 and 17 the Embassy met with local
NGOs to discuss efforts by the Malian government to combat child
trafficking. NGOs described the Malian government as a good-faith
partner but said specific weaknesses within the Ministry for the
Promotion of Women, Children and Families (MPFEF),together with the
Justice Ministry's failure to detain or prosecute suspected
traffickers, were hampering efforts to combat child trafficking and
care for trafficking victims. One of the NGOs also provided details
on as yet unreported cases of child trafficking in Mali. A December
31 meeting with the MPFEF underscored the lack of communication
between various government ministries regarding TIP, but we have
been encouraged by a receptive response as we begin to raise the
issue with line action ministers. End Summary.

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ENDA Tiers Monde and Mali Enjeu
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2.(U) ENDA Tiers Monde and Mali Enjeu are the two largest NGOs
working to combat child trafficking in Mali. Both organizations
work closely with Ministry for the Promotion of Women, Children and
Families (MPFEF),which takes the lead in government efforts to
combat child trafficking, as well as with UNICEF, which supports the
MPFEF in coordinating TIP activities. The two NGOs also work more
broadly to address the underlying factors of child trafficking, and
provide informal schooling and education campaigns to vulnerable
children in different regions. In addition, ENDA and Mali Enjeu
assist with repatriation of victims of trafficking both within Mali
and regionally, as well as children considered to be "in
difficulty".

3.(U) ENDA is a founding member of the Fode Yaguine Action Network
(RAFY) which regroups NGOs fighting child trafficking and child
labor across West Africa. ENDA was the main force in Mali behind
the March 2008 repatriation of 24 Guinean children, found together
with two Malian children, allegedly trafficked by itinerant Koranic
masters in the Malian town of Kita (Ref. A). ENDA received support
from UNICEF to provide informal schooling, educational materials,
and health care to vulnerable children in 2007 but received no
UNICEF funds in 2008.

4.(U) Mali Enjeu operates temporary shelters for child victims of
trafficking in Sikasso, Mopti, Segou, Koulikoro, Kayes, and Bamako.
Mali Enjeu also conducts research and provides schooling and
vocational training for at-risk children. Like ENDA, Mali Enjeu
participates in regional NGO networks fighting child trafficking and
labor. As part of a current agreement with UNICEF, Mali Enjeu
receives funding and in-kind support for the repatriation of
trafficking victims and to conduct public awareness campaigns.
UNICEF representatives credited Mali Enjeu with having helped
repatriate 250 children, victims of trafficking and children "in
difficulty", and having reached a total of 2500 individuals via
public awareness campaigns conducted in several regions.

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Mixed Reviews for Malian Government
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5.(U) ENDA representatives praised the Malian government for
instituting educational reforms that have reduced the number of
Malian trafficking victims. ENDA said Mali's nation-wide effort to
maximize the enrollment of school age children was one of the best
ways to combat child trafficking and child labor.

6.(SBU) ENDA was less enthused about coordination with the MPFEF's
office for the protection of children. The NGO described
coordination with the MPFEF's Direction National for the Protection
of Women and Children, which is the focal point for child
trafficking and exploitation issues within the Ministry, as poor.
Because the Ministry lacks sufficient funds,
ENDA and other NGOs must finance the travel costs and per diem of
some Ministry officials in order to secure official government
participation in NGO sponsored counter-trafficking activities. One
ENDA staff member said NGOs are effectively forced to cover the
costs of travel, lodging, and per diem for Ministry officials
because NGOs cannot operate independently of the Malian government.


7.(SBU) According to ENDA, the Malian government frequently asks
NGOs to finance the repatriation of child trafficking and
exploitation victims. This practice places a serious financial
burden on NGOs and often results in lengthy delays. "It handicaps
our activities," said one ENDA staff member.

8.(U) Mali Enjeu was less critical of Malian government efforts to
combat child trafficking and labor, stating that, while much
remained to be done, the government had made some progress. Mali
Enjeu noted that Mali is a member of the ECOWAS committee to counter
child trafficking. Mali Enjeu holds one of the NGO representative
seats in this committee and therefore attends its annual meetings.
Because Mali Enjeu currently receives funds from UNICEF to support
its activities, it is better able to shoulder the costs of
coordination with the MPFEF.

9.(U) Mali Enjeu also praised the Malian government for creating a
national steering committee against child trafficking (CDN)in 2006
following the creation of Mali's 2006 National Plan Against Child
Trafficking. The Plan's main components consist of international
collaboration to facilitate the repatriation of victims; public
awareness campaigns; and improvement of the legal and administrative
framework regarding trafficking.
The CDN is comprised of thirteen ministries as well as NGO and civil
society representatives, totaling 43 members. The Committee
convened five times in 2008, but representatives of Mali Enjeu
provided no concrete actions undertaken by this committee.

10.(U) Mali Enjeu said the absence of regional or local committees
associated with the national level CDN has impeded progress toward
implementing Mali's 2006 National Plan. Both ENDA and Mali Enjeu
also said the Malian government needs to bolster efforts to arrest
and prosecute suspected traffickers.

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New Trafficking Cases
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11.(SBU) ENDA informed the Embassy of one previously unreported
child trafficking case in Mali, and two cases involving the rescue
of trafficked Malian children in neighboring countries. The case in
Mali involved 7 children from Burkina Faso trafficked by a Koranic
master in Bamako. ENDA assisted with the repatriation of 7 children
back to Burkina Faso in early December 2008. No charges have been
filed against the alleged suspect, who remains at large in Bamako.
ENDA indicated that the Koranic master was known to Malian
authorities but that an arrest was unlikely due to the "sensitive"
nature of the case.

12.(U) ENDA is also working to finalize details regarding the return
of 22 Malian children recently rescued in neighboring Burkina Faso,
and 7 Malian children rescued by Nigerien authorities in Niger on
December 19, 2008.

13.(U) In 2008 ENDA assisted with the repatriation of 15 Malian
children from abroad, and the repatriation of 46 children from Mali
to their countries of origin. Another 23 children of various
nationalities are currently in Mali awaiting repatriation. ENDA
considers an unspecified number of these as children "in difficulty"
as opposed to trafficking victims.

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Judicial Failures
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14.(SBU) A consistent criticism among NGOs was Mali's failure to
arrest, detain, or prosecute suspected child traffickers, as
highlighted by the release of trafficking suspects in Kita and
Sikasso earlier in 2008(Ref. B).


15. (SBU) A December 31 meeting with the MPFEF's Direction National
for the Protection of Women and Children underscored the Malian
government's reluctance to prosecute even known traffickers.
Regarding the individuals who were released in Kita after being
arrested with more than two dozen mostly Guinean children, MPFEF
officials claimed all but one of the suspects were only marginally
involved. An MPFEF official in charge of children's issues in Kita
said Malian authorities were "waiting for the Guinean government to
finish its investigation" before prosecuting the ringleader and
others. However, no timeline for this "investigation" either on the
Malian or Guinean side was available.

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Comment: Specific Recommendations for Mali
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16.(SBU) As one of the ten poorest nations in the world, Mali lacks
the resources needed to institute a robust campaign against child
trafficking. Mali's resource constraints, however, are not so
severe as to preclude Malian authorities from taking greater steps
to combat child trafficking. Two areas for improvement emerged
during discussions with local NGOs: improved Ministerial
coordination and renewed commitment by judicial authorities to apply
already existing laws regarding TIP.

17.(SBU) One vehicle for improved coordination between the various
core Ministries charged with fighting child trafficking and
exploitation would be a re-energized national committee against
child trafficking (CDN). In December we raised this issue with the
Minister of Security, who was receptive to our concerns, welcomed
efforts to promote coordination at the highest levels, and offered
the support of his Ministry. We intend to raise the same issue with
the Minister for the Promotion of Women, the Minister of Labor, and
the Minister of Justice shortly.
18.(SBU) The second area for improvement is a sincere commitment on
behalf of the Ministry of Justice and judicial authorities to arrest
suspected traffickers and prosecute them to the fullest. Weaknesses
within the Malian judiciary extend well beyond the issue of
trafficking in persons, and it is difficult, or often impossible,
for Ministry officials to ensure that independent judges across the
country apply the laws as written. The decisions taken by judges in
Kita and Sikasso in 2008 to release trafficking suspects pending
trial dates that will likely never be set provide an example of the
dilemma facing Justice Ministry officials in Bamako. Improving
Mali's reporting network for child trafficking cases, which would
ensure close supervision from Bamako over decisions taken by judges
in the hinterlands, could provide one mechanism for remedying this
problem.

19.(SBU) On the positive side, the Director of the International
Labor Organization (ILO) program in Mali credited the Malian
National Assembly for creating a commission charged with drafting a
law specifically condemning child trafficking. Current Malian penal
law criminalizes child trafficking, but the ILO program director
stated it is insufficient in combating the problem of trafficking.
There is no indication of when this commission will finish drafting
the proposed legislation. The ILO also commended the National
Assembly for "almost" ratifying a list of the worst forms of child
labor and expressed optimism that the list would be could be passed
in 2009. LEONARD