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
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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
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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
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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

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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
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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