BOTSWANA: 2009 TIP REPORT

UNCLAS SECTION 01 OF 03 GABORONE 000127 SIPDIS SENSITIVE FOR G/TIP ACBLANK, INL, DRL, PRM, AF/S, AND AF/RSA STATE PLEASE PASS USAID E.O. 12958: N/A TAGS: PHUM KTIP KCRM SMIG KFRD ASEC PREF ELAB BC SUBJECT: BOTSWANA: 2009 TIP REPORT REF: 08 STATE 132759 SENSITIVE BUT UNCLASSIFIED-- ENTIRE TEXT Botswana's TIP Situation -------------- ¶1. (SBU) The existence of a human trafficking problem in Botswana is suspected but cannot currently be corroborated by reliable reporting. Few people in the country accurately understand the concept of human trafficking, although local religious and NGO groups are currently working to raise awareness of human trafficking in Botswana. Police, immigration officials, and NGOs are concerned about human trafficking and admit that conditions exist that could possibly make Botswana a country of transit to South Africa. Botswana has long, porous borders which are difficult to monitor. It also has many residents who are potentially susceptible to trafficking, such as illegal immigrants from Zimbabwe, unemployed men and women, those living in rural poverty, agricultural workers in remote areas, and many children orphaned by HIV/AIDS. To combat trafficking effectively, the government should consider drafting and enacting laws that prohibit all forms of human trafficking, and launch a public awareness campaign to educate all Batswana -- particularly women, children, and traditional leaders -- on the nature and dangers of human trafficking. SCOPE AND MAGNITUDE OF TIP IN BOTSWANA -------------- ¶2. (SBU) Botswana may be a source, transit, and destination country for men, women, and children trafficked for forced labor and sexual exploitation. Trafficking may also occur within Botswana's borders. While the number of trafficking victims is unclear, anecdotal suggests that the main destination for trafficked persons remains South Africa. A local NGO received reports from Batswana women who alleged that they were forced to provide sexual services to tourists and/or staff at some safari lodges in northern Botswana; however, no complaints have been lodged with law enforcement officials. There is also anecdotal evidence that women from outside Botswana may be providing sexual services at safari lodges. Parents in marginalized rural communities sometimes give their children to better-off families for employment as domestics in towns or herders at remote cattle posts, where these children are vulnerable to abuse, including sexual exploitation. Children engaged to work as domestics are typically promised schooling, but rarely receive it and often work long hours with low compensation. Many Batswana households employ Zimbabwean women as domestic workers, often without proper work permits or the adequate payment of wages. The passports of these workers are sometimes held by the employer on the pretext of obtaining legal documents or to avoid being robbed, creating the potential for coercion and abuse of the legal system that can lead to trafficking. ¶3. (SBU) Isolated cases of debt bondage have been reported, as well as the trafficking of Zimbabwean nurses and teachers into domestic labor and cattle herding in Botswana. ¶4. (SBU) Additionally, reports suggest that foreign traffickers may attempt to transport victims of other nationalities on fraudulent Botswana passports, perhaps because citizens of Botswana do not require a visa for the United Kingdom and have high success rates with obtaining visas to other desired destinations in the West. Anecdotal evidence suggests that most often the trafficking victims are children who are trying to reunite with their parents who are already in Europe. One case currently being investigated by law enforcement involves three children, believed to be Zimbabwean, who are suspected of being trafficked through Botswana and South Africa en route to the UK. As Botswana has no specific law against human trafficking, fraudulent document charges were filed against the alleged trafficker in this case. ¶5. (SBU) It is unclear who traffickers operating in Botswana are and whether traffickers are associated with small businesses or groups or if they act individually. GOVERNMENT EFFORTS AGAINST TIP -------------- ¶6. (SBU) Botswana does not have a law specifically prohibiting trafficking in persons, and some Botswana police officers have stated that this hinders local efforts to combat trafficking and to raise awareness of it. NGOs believe that at times the local police GABORONE 00000127 002 OF 003 do not pursue possible trafficking cases because there is no specific law against the crime. However, there are indications that some government officials - especially in Immigration and in Interpol- are beginning to focus on trafficking. The Botswana National Central Bureau of Interpol has created a position for a desk officer who works on trafficking issues. ¶7. (SBU) Current government efforts against trafficking in persons focus on building awareness, especially within the law enforcement community. However, no government agency has been given the official lead on human trafficking issues. Existing Penal Code provisions against abduction, kidnapping, slave trading, forced labor, and procuring persons for the purpose of prostitution could be used to prosecute trafficking cases. Traffickers charged with kidnapping or abduction could be sentenced to seven years' imprisonment. By law the minimum sentence for rape is 10 years in prison, increasing to 15 years with corporal punishment if the offender is HIV-positive, and 20 years imprisonment with corporal punishment if the offender was aware of having HIV-positive status. ¶8. (SBU) Prostitution is illegal but was widespread. Enforcement was sporadic and complicated by vague laws that made it easier to charge violators with offenses such as unruly conduct or loitering than for prostitution. Most police enforcement took the form of periodic sweeps of areas used for solicitation. ¶9. (SBU) The Department of Labor, through its local district offices, is responsible for conducting inspections, but monitoring for exploitative child labor is virtually nonexistent. There were no prosecutions, convictions, or fines for human trafficking or the use of exploitative child labor in 2008. In February 2008, the government approved a national plan for action for the elimination of child labor. A law protecting the rights of children has been introduced in Parliament and is still being debated. ¶10. (SBU) The government encourages and has historically funded training of law enforcement and immigration personnel in anti-trafficking methods and procedures at regional institutes such as the International Law Enforcement Academy. However, ILEA did not offer a course on human trafficking in 2008. ¶11. (SBU) The GOB has signed a contract with a German company to supply secure machine readable passports, in an effort to make Botswana passports more secure. Additionally, the Government is in the process of computerizing immigration information at Botswana's border crossings and airports. The computer systems will be able to retrieve information on passports presented and will also be linked to the police database. Additionally, Immigration Department officials state that good cooperation exists at both the government and at the operational levels between Botswana and surrounding countries to investigate suspicious and illegal activities. In 2008 the Department of Immigration also participated in a fraudulent document training provided by the British Government. The Immigration Department has 10 full time investigators, which is not sufficient to cover all open investigations. ¶12. (SBU) As no victims of trafficking have yet been officially identified by the Government of Botswana, law enforcement and social services personnel have not established formal trafficking victim identification procedures or procedures for referring victims to NGOs for the provision of protective services. However, the government regularly provides funding and other support to a wide range of NGO programs that service the needs of individuals who are most vulnerable to trafficking, especially women and children. ¶13. (SBU) While the Botswana government has not conducted a public trafficking-specific education or awareness campaign, it has begun to include trafficking awareness segments in some of its law enforcement training sessions. Additionally, it sent government representatives to trafficking workshops held by the religious community to provide information on its suspicions of trafficking within the country. During 2008, individuals in the religious and NGO community formed a task force to compile anecdotal evidence of human trafficking in Botswana. POC AND RESOURCES DEVOTED TO THIS REPORT -------------- GABORONE 00000127 003 OF 003 ¶14. (U) Embassy Gaborone's point of contact for trafficking in persons issues is Political/Economic Officer Adrienne Taylor (TaylorAB@state.gov; phone: +267-395-3982; fax: +267-395-3238). ¶15. (U) Pol/Econ officer (FS-4) spent approximately 15 hours on this report. Political Assistant (FSN-9) spent approximately 8 hours on this report. Pol/Econ Chief (FS-2) spent approximately 4 hours on this report. DCM and Ambassador each spent approximately 1 hour. NOLAN