SIERRA LEONE 2009 TIP SUBMISSION

UNCLAS FREETOWN 000056 SIPDIS SENSITIVE DEPARTMENT FOR G/TIP (VZEITLIN) DEPARTMENT ALSO FOR G, INL, DRL, PRM, AF/RSA DEPARTMENT PLEASE PASS TO - USAID, DEPARTMENTS OF JUSTICE, TREASURY, LABOR, AND HOMELAND SECURITY E.O. 12958 N/A TAGS: KTIP KCRM PHUM KWMN SMIG KFRD ASEC PREF ELAB SL SUBJECT: SIERRA LEONE 2009 TIP SUBMISSION ¶1. (SBU) Sierra Leone continues to struggle in the fight against trafficking. Internal politics and competing priorities overshadowed the TIP issue in terms of attention and financial support in 2008. The Ministry of Social Welfare, Gender, and Children's Affairs and the Sierra Leone Police continue to act as the primary interlocutors and government actors on TIP, but other ministries rarely provide additional contributions. This has placed a great deal of pressure on international and non-governmental organizations to implement activities that range from prevention to protection services. Without continued donor support for such activities, they are unsustainable. In this environment, where government action is limited by the lack of resources, capacity, and universal need, trafficking continues to thrive. Cases continue to be identified throughout the country, most of which involve children for both sex and labor trafficking. The methods of trafficking have not changed, and the incidence of the problem has yet to be quantified. With limited implementation of the 2005 anti-trafficking law, general lack of police capacity, and continued dire poverty, Sierra Leone remains a country ripe for both internal and external trafficking. Without constant engagement and support from outside entities, it is highly likely that the TIP problem will worsen in the years to come. ¶2. (U) Embassy POC for TIP issues is Political/Economic Officer Amy LeMar, Tel: 232-22-515-00 ext.5120. Approximately 10 hours were spent preparing this report by FSO (FP-03),30 hours by EFM (FP-06) and approximately 10 hours by FSH assistant (FSN-10). The Ambassador (FA-MC) spent approximately two hours on the report and the DCM (FO-02) spent approximately three hours. ¶3. (SBU) Begin TIP Report: -------------- TIP in Sierra Leone -------------- ¶A. Post relies on a number of organizations for information, including: International Organization on Migration (IOM); Faith Alliance Against Slavery and Trafficking (FAAST); Center for Victims of Torture (CVT); International Rescue Committee (IRC); UNICEF; the Family Support Unit (FSU) of the Sierra Leone Police (SLP); and the Ministry of Social Welfare, Gender and Children's Affairs (MOSWGCA). No comprehensive statistics on the prevalence of trafficking exist due to communication difficulties with upcountry offices, but each organization keeps records of the victims they serve. The FSU just received training on logbook and database management from the Justice Sector Development Program. Many of the larger police stations have started using these updated systems and techniques, but more training and resources will be needed to establish better documentation-collection. ¶B. The trafficking situation in Sierra Leone has not changed substantially since the last reporting period. Though the incidence appears to be relatively small, Sierra Leone is still a source and destination country for international trafficking. Persons have been trafficked out of Sierra Leone to destinations in West Africa, the Middle East, and Europe. Sierra Leonean trafficking victims were reported in 2008 in the Netherlands, Liberia, Guinea, Cote d'Ivoire, Nigeria, and The Gambia, though it is likely that this list is not fully inclusive. Other suspected destination countries include Austria, Belgium, Ireland, Italy, Israel, France, Germany, and Lebanon; mostly because Sierra Leone unaccompanied minors and/or illegal immigrants were identified there. Ethnic links with other countries (e.g. Guinea, Lebanon, China, and India) provide an opportunity for Sierra Leone to be used as a destination country as well. While there are no documented cases of Sierra Leone as a transit country, it continues to be a plausible assumption due to its porous, generally unmonitored boarders. Fraudulent documentation is easy to locate and inexpensive to purchase. Given the amount of goods, both legal and contraband, that pass through Sierra Leone on any given day, it is highly likely that victims from the sub-region are part of this traffic through the country. Sierra Leone's trafficking problem generally appears to be internal. Although there are no accurate statistics quantifying the extent of the problem, all indications suggest that women and children are trafficked from the provinces to towns and mining areas for prostitution, and children are trafficked from rural areas into the city and mining areas for labor, including domestic work, petty trading, portage, begging, and petty crime. Trafficking may also occur in the fishing and agricultural industries and in connection with customary practices such as forced and arranged marriages. ¶C. Many of the friends and relatives who foster children put them to work in the home, where they can also be sexually exploited, or place them on the street to engage in petty trading, portage, rock breaking or prostitution. Many of these children do not attend school, or are not enrolled until they earn enough to help support the family. Some young women are also brought into a home for domestic employment, but are then expected to act as a wife in terms of sex and child rearing. Victims are often exposed to physical, sexual and verbal abuse, demeaning behavior, and coercion. Sometimes children remain on the street because they are afraid to return to their relative's house. ¶D. Migration in Sierra Leone is a norm driven by the dire economic situation in the country. To illustrate, Sierra Leone ranks last on the Human Development Index, including last in terms of maternal/child health and also has the world's highest rate of infant mortality. Children and youth, defined as 15-35 years in age, constitute approximately two-thirds of the country's population of 6 million. Traumatic experiences during the war, shattered extended family networks and social structures, and extreme poverty make it much more difficult to protect children. Within this context, trafficking is more difficult to combat, because impoverished parents face difficult decisions with regards to how to care for and educate their children. Cultural norms, as well, add to the complexity. Child fostering, for example, by placing children with wealthier relatives, is so prevalent that only 61 percent of children aged 0-16 live with their parents. While many children benefit from such arrangements and receive education and assistance that they would have lacked had they remained at home, it is a system that is vulnerable to abuse and can lead to trafficking. Many young women are also vulnerable in this unstable economic environment. Rising unemployment in both the urban and rural regions has created a state of desperation for women and their families. Many trafficking victims in Sierra Leone are either 'war widows or were formally abducted during the war to be used as 'war wives,' and are now considered undesirable by men in their communities. These women and their families are often eager to accept any offers to alleviate poverty, whether it is through marriage proposals, employment or educational opportunities. The deaf population is also particularly vulnerable due to lack of income-generating opportunities and their inability to speak out about abuse. ¶E. Relatives, family friends, and other individuals with power in the community reportedly traffic children to Freetown and other urban areas with false promises to parents that the children will be sent to school. Women are reportedly trafficked in a similar way, with promises of marriage or employment. Internal trafficking of this kind does not require travel documents, and given the porous nature of the boarders throughout West Africa, even trafficking in and out of Sierra Leone can often be conducted with little to no documentation. There have been no reports of large international organized crime syndicates, marriage brokers, employment, adoption, travel or tourism agencies conducting trafficking activities in Sierra Leone, though many service providers suspect there may be a growing presence. -------------- GoSL Anti-TIP Efforts -------------- ¶A. The government acknowledges that trafficking is a problem. However, the country continues to recover from an 11-year old civil war during which the country was a failed state. There is an overwhelming lack of capacity in the Government of Sierra Leone (GoSL),and many competing critical needs. The Government is effectively bankrupt, with donors providing 60 percent of the country's budget. Corruption is entrenched. The police, judiciary, and social welfare institutions are critically understaffed, have very limited budgets, and have trouble meeting their basic mandates. While the Government identifies that TIP is an issue, finding resources and building capacity to combat the problem will remain a serious problem well into the future. ¶B. The MOSWGCA and SLP take the lead on anti-trafficking efforts in Sierra Leone, and the Ministry of Justice is the designated co-chair with the MOSWGCA of the Inter-Ministerial Committee on Trafficking and the TIP Task Force. The Inter-Ministerial Committee also includes the Ministries of Education, Internal Affairs, Information, Labor, Health, Foreign Affairs, Local Government, Youth, and Tourism. The TIP Task Force includes representatives from all ministries in the Inter-Ministerial Committee as well as the Principal Immigration Officer, the Commissioner of Police in charge of Crime Services, the Ombudsman, and representatives from civil society and international organizations. However, the Task Force composition has gradually changed since its inception. While the anti-trafficking law directly identifies the Ministries to be involved, very few send representatives to the meetings. One reported reason for lack of government involvement in the Task Force continues to be the issue of sitting fees. Section 7 of the anti-trafficking law stipulates that members of the Task Force should be paid an allowance determined by the MOSWGCA, Attorney-General and Minister of Justice, in consultation with the Minister of Finance. Given that the latter has never provided funding for any anti-trafficking related work, and that the Ministry of Justice is one agency that rarely attends Task Force meetings despite its co-chair status, the issue of sitting fees has never been addressed. It is reported, thus, that Ministries will not send representatives since they will not be paid. The participant ratio for the Task Force has thus become heavily weighted towards international and non-governmental organizations. While their participation is vital to the activities of the Task Force, lack of government participation by all but a few ministries hinders the ability of the Task Force to effectively coordinate and encourage other government efforts. ¶C. The SLP and MOSWGCA lack sufficient funding to carry out their basic duties. Training for staff on the anti-trafficking law or victim protection is limited and has historically been conducted by non-governmental and international organizations. No government-funded victim services exist, and there are no government-operated shelter services. The SLP lacks sufficient communications and transportation infrastructure to effectively carry out investigations or support services for victims. There is some stated political will to combat trafficking in persons, but financial support continues to be lacking. Many feel that, due to the absence of funding, resources and support for the MOSWGCA from the rest of the government, the government's ability to address trafficking has and will continue to decline. ¶D. The TIP Task Force, as mandated by the Anti-Trafficking Act passed in 2005, is designated to systematically monitor anti-trafficking efforts (prosecution, prevention, and protection). In 2008, the task force met every other month. This is in direct contrast to previous years when the Task Force met bi-monthly. Also, the Task Force composition has changed since its inception in 2006. While the anti-trafficking law directly identifies the Ministries to be involved, very few send representatives to the meetings. Those that participate regularly on the Task Force, however, such as the MOSWGCA and organizations like IOM, UNICEF, and FAAST, share information about cases and discuss next steps and planned activities. The lack of significant government involvement in the Task Force, lack of meetings of the Inter-Ministerial Committee, and lack of GoSL funding to support initiatives that were mandated by the anti-trafficking law means that coordination remains poor and there is no mechanism in place to adequately give assessments of anti-trafficking efforts. Information is not routinely made public; however, the government does make trafficking-related information available to international organizations, non-government partners, and others upon request. -------------- Investigation/Prosecution -------------- ¶A. Trafficking is first mentioned in the Constitution of Sierra Leone Act no. 6 of 1991. Section 19 states, "No person shall be held in slavery or servitude or be required to perform forced labour or traffic or deal in human beings." Section 20 states, "No person shall be subject to any form of torture or any punishment or other treatment which is inhuman or degrading." The Anti-Human Trafficking Act was signed in August, 2005. The law prohibits trafficking for labor, sexual exploitation, illicit removal of human organs, and exploitation during armed conflicts. The law covers both internal and transnational trafficking and is consistent with the Palermo Protocol. The Child Rights Act was passed in 2007. This Act brings Sierra Leone into compliance with the U.N. Convention on the Rights of the Child. It includes provisions related to children associated with armed conflict, forced marriage, and exploitive child labor. Child trafficking is mentioned in Section 60 (1) (k),as a crime that must be investigated by the district council and its child welfare department if identified. Section 60 (1) (I) and (I) (j) creates the same stipulation for investigating incidents involving children living with or associating with known prostitutes, other than their mother. The Anti-Money Laundering Act of 2005 also supports the Anti-Human Trafficking Act in so far as it criminalizes money or property which is gained through crime. If a perpetrator of human trafficking gains money from the act, s/he will be guilty of an additional crime if they attempt to launder such money by investing it in another financial activity. Despite the number of laws related to trafficking, many SLP officers revert to using abduction and harboring charges when possible. This is a reflection of both an ill-equipped police force and the cultural environment, which encourages mediation over prosecution. ¶B. Penalties are the same for trafficking for labor and sexual exploitation. Convicted traffickers face up to ten years of imprisonment, fines of 50 million Leones (approximately $17,000) and victim restitution costs. ¶C. All convicted traffickers face up to ten years of imprisonment, fines of 50 million leones (approximately $17,000) and victim restitution costs. ¶D. Under the Offenses Against the Person Act of 1861, rape of a person over the age of 16 carries a potential penalty of life imprisonment, which is more severe than the penalty for sex trafficking. However, such penalties are rarely brought against perpetrators. Rape is common and viewed more as a societal norm than a criminal problem. The law does not specifically prohibit spousal rape. ¶E. Due to poor communication with upcountry facilities, accurate national statistics are not available. However, according to collected data, the FSU investigated 38 cases of human trafficking between January and December 2008, of which more than half were girls under the age of 16. Of the 38 cases reported, 12 individuals were charged with trafficking, one was convicted and several cases are still pending. ¶F. The government does not provide specialized training, but does make law enforcement officers and other government officials available to attend trainings conducted by international organizations and local NGOs. IOM, CVT, UNICEF, and FAAST, among others, provided training to police officers and government officials over the past year, primarily with USG funds. ¶G. There were reports that the Government of Sierra Leone cooperated with the Government of Guinea on two separate investigations and repatriations over the last year. ¶H. The Extradition Act of 1974 allows for extradition of persons subject to crimes committed in the country of the offense, but there have been no requests to extradite a suspect for trafficking. The Extradition Act allows for the extradition of Sierra Leone nationals to other countries for trial. ¶I. There are no known instances of GoSL authorities facilitating trafficking efforts; however, prevalent social attitudes and lack of government capacity and awareness mean that barriers to trafficking are low. Low-level government officials who forge documents such as birth, marriage, and death certificates rarely suffer punishment, but there is no proof that these forged documents are used to facilitate trafficking. Further, border officials are low-paid and continue to struggle with the concept of trafficking versus smuggling. It is possible that such officials are bribed to enable the easy movement of people and goods, but a direct link between that kind of corruption and trafficking cases has yet to be uncovered or publicized. Additionally, while there have been no cases of government officials intentionally contributing to the problem or participating in the act of trafficking, some SLP officers are suspected of looking the other way, or possibly tipping off high profile perpetrators, to help aid an escape. ¶J. N/A ¶K. There is no law against prostitution and it is widespread in Sierra Leone. Many women and girls enter into prostitution independently, often due to economic pressures; however, there continue to be allegations that female pimps (kaklat) or relatives recruit girls for prostitution directly from villages. There is also a small cadre of known pimps in the Freetown area, and reports of several brothels in operation, but this is not a dominant characteristic of prostitution in Sierra Leone. Some women who engage in prostitution may be doing so out of desperation to escape from other exploitive situations, such as early marriage or domestic servitude. Though prostitution is legalized, prostitutes are sometimes arrested and charged with loitering or vagrancy. ¶L. N/A ¶M. N/A. Sierra Leone does not have an identified sex tourism problem. Inappropriate sexual conduct by tourists or business people while in the country appears to be opportunistic, and not the purpose of their visit to Sierra Leone. -------------- Protection/Assistance -------------- ¶A. The Anti-Trafficking Act requires the government to offer protection for victims and witnesses, though due to a lack of resources, the government relies on NGO service providers, namely IOM, to provide physical protection. However, the government enhanced its capability to ensure victim confidentiality through private interviews and hearings. ¶B. Victim care facilities are available to trafficking victims of all ages, including foreign victims. IOM, which was primarily funded through a PRM grant from October 2006 to September 2008, operates the only trafficking shelter in the country in Freetown, which can house 22 victims at one time. Victims in IOM's care also receive reintegration services for up to one month, including counseling and education before reintegration to their families and communities. These efforts are coordinated through the Task Force. To access services, victims are generally referred through the FSUs. When a trafficking case is suspected, the FSU calls the MOSWGCA to send its TIP focal point person to conduct an interview. If the MOSWGCA confirms that the situation involves trafficking, the victim is transferred to IOM for services and support. IOM follows its own intake procedures upon referral, to ensure that it is serving a bona fide trafficking victim. While this process resulted in a number of referrals over the past year, it is not foolproof. Cases from certain parts of the country are not being referred to the Ministry or IOM, primarily because there are no means to transport victims to Freetown. Also, the rainy season makes passage to Freetown from some locations, such as the mining areas, nearly impossible. Thus far, solutions to circumvent these problems have not been identified. In the period of October 2006 through September 2008, IOM assisted 145 victims. In March 2008, the GoSL was scheduled to provide IOM with a new shelter space in Freetown, which IOM would renovate and turn over to the ministry once they had the capacity to operate the site. Due to communication breakdowns within the MOSWGCA, the building was not made available in time to utilize IOM's PRM grant, and their funding expired in September. IOM continues to work with the MSWGCA to identify funds for the renovations. IOM has identified minimal funding through its regional offices to maintain a presence and some shelter services, but their situation is tenuous. ¶C. The government does not provide trafficking victims with legal, medical or psychological services, or any funding to organizations that assist trafficking victims. It hosts task force meetings, and participates in the referral system, but does not provide a monetary contribution to any NGO efforts. Government support is nominal, and thus difficult to monetize. ¶D. The government does not provide assistance to foreign trafficking victims, though foreign victims would receive the same services from IOM and other NGOs that domestic victims receive. ¶E. The government does not provide long-term shelter or housing benefits to victims of trafficking. ¶F. The FSUs refer victims to the MOSWGCA, but only when cases become known to them. This referral system is discussed in (B) above. ¶G. The FSU database recorded 38 cases of trafficking, while IOM provided shelter for 73 victims. The SLP acknowledges that their statistics underestimate the problem, but have no means of ensuring better reporting by offices in the provinces. Further, IOM has assisted some victims who have not fallen under the purview of the FSU. These factors, in part, explain the discrepancy between the numbers. ¶H. The government's law enforcement, immigration and social services personnel have a formal protocol to follow to identify victims of trafficking, but only a small number of officials have been trained and know how to follow it. Most high-risk persons (prostitutes, unaccompanied minors or undocumented immigrants) are not screened or identified as victims. ¶I. The rights of victims are generally respected, though there is still confusion among authorities on what constitutes trafficking. It is thus likely that many victims fall through the cracks and do not receive the care they require. ¶J. Victims are encouraged to participate in the legal process, but the general efficiency of the justice sector has frustrated these efforts. While victims are permitted to be active participants in investigations and court proceedings, many lose patience between the period of identification and the case going to trial. This can result in cases being dropped, since most cases cannot be successfully tried without the victim as a witness. The cost of transportation is another deterrent preventing victims from participating fully in a trial, because they must bear the cost of transportation to the court in order to testify. An additional problem is that social factors often prevent women and children who are victims of sexual and other violence from obtaining justice in the court system. Rape cases, for example, are often settled out of court by male family members. One potential reason why so few Districts report TIP cases is that communities choose to use traditional forms of justice to address the alleged perpetrators, rather than work through the formal system. Such social factors can serve as a barrier for trafficking victims to access the justice they are entitled to under the anti-trafficking law. The law does provide for victim restitution, and IOM has worked with several victims to pursue this, but there is yet to be a victim who has received any kind of civil damages for abuse or hardship suffered during their trafficking experience. ¶K. The government does not provide training on identifying trafficking victims, though officials are permitted to attend training sessions offered by NGOs and IOs. The Government does not provide training to its embassies and consulates in foreign countries, nor does it encourage its embassies and consulates to develop ongoing relationships with NGOs that serve trafficking victims. ¶L. The government does not provide assistance to its repatriated nationals, though victims do receive assistance upon arrival from IOM. ¶M. International organizations and NGOs provide protection services, awareness training, vocational training, and counseling. They include UNICEF, UNHCR, ICRC, IOM, FAAST, CVT, International Rescue Committee, Save the Children, Defense for Children International, CARITAS, COOPI, GOAL SL, JSDP, Human Rights Youth Coalition, Don Bosco Fambul, Women in Crisis Movement, Christian in Action Development Agency, FAWE, RADA (Rehabilitation and Development Agency),ENCISS, APEGS (Agriculture Production Extention and General Services),CARD (Community Action for Rural Development),and Journalists for Human Rights. Local authorities generally cooperate with these organizations as they depend on them to provide services the government cannot afford. -------------- Prevention -------------- ¶A. The government did not have the resources to conduct anti-trafficking information or education campaigns during the reporting period, but through the TIP Taskforce, coordinated efforts by FAAST, IOM and CVT. Primarily with USG funding, these organizations conducted extensive trainings for police prosecutors and officers, both in the field and at the Cadet Training School, MOSWGCA employees, chiefs, magistrates, faith-based organizations, and local colleges. NGOs also worked extensively with sex workers and targeted communities in boarder and mining regions. ¶B. The government does not appear to monitor immigration and emigration patterns for evidence of trafficking. ¶C. The TIP Task Force is the primary mechanism for coordination between all relevant agencies, though it is scarcely attended on the Government side. The Government has a single focal point on TIP within the MOSWGCA, through the newly established TIP Secretariat, that coordinates all anti-TIP efforts. However, funding remains limited to the TIP Secretariat, and representatives from different organizations play a substantial role in convening meetings and organizing and conducting activities. It will require advocacy by many actors to try to ensure that funding for the Secretariat and activities are in next year's budget. The relationship between government officials and organizations is generally a cordial one, though the onus is often placed on non-governmental actors to conduct activities and maintain momentum. The apparent lack of interest by various government ministries creates some tension between organizations working to address TIP and ministries that will not engage on the issue. ¶D. The government has a national plan of action, which was created by the Task Force in conjunction with an ECOWAS consultant in 2007 (Note: This consultant was part of the post-G/TIP UNICEF project. End Note.). The agencies primarily involved in developing the action plan were MOSWGCA, IOM, UNICEF, and FAAST. The plan was implemented throughout 2007 and early 2008 with USG funding, but virtually fell apart in late 2008 due to a lack of support, funding and resources within the MOSWGCA. ¶E. The government has not taken efforts during the reporting period to reduce the demand for commercial sex acts. ¶F. The government has not taken efforts during the reporting period to reduce participation in international child sex tourism by nationals of Sierra Leone. ¶G. N/A PERRY