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