DRC 2009 TIP INTERIM ASSESSMENT REPORT

UNCLAS KINSHASA 001032 SENSITIVE SIPDIS DEPT G/TIP, AF/RSA E.O. 12958: N/A TAGS: PGOV PHUM SMIG KTIP KWMN CG SUBJECT: DRC 2009 TIP INTERIM ASSESSMENT REPORT REF: A. STATE 112432 ¶B. KINSHASA 977 ¶1. (SBU) Since the June 2009 Trafficking in Persons (TIP) report, the Government of the Democratic Republic of Congo (GDRC) has made progress in the development of strategies and legislation, but there is still significant work needed in the area of enforcement. The GDRC shows a growing political will to address trafficking problems, but is hindered by a continual lack of financial and personnel resources. ¶2. (SBU) In regards to prosecuting traffickers, particularly those who conscript child soldiers, utilize forced labor or control children in prostitution, there has been little momentum. During a recent visit by DRL Officer Tu Dang, Ministry of Labor's Chief of Staff Henriette Minchiabu confirmed that child labor does exist in mining sectors but denies the existence of forced labor. Child labor has been addressed through the labor code, children's law, penal code, civil code and other laws but as of yet there is still a need for a national plan to address child labor. There have been programs implemented to combat child soldiers in the DRC including a partnership between the Ministry of Labor, Solidarity Center, and Save the Children. A tripartite dialogue to address child labor has begun between the GDRC, public and private unions, enterprises, and the ILO. ¶3. (SBU) The GDRC, along with assistance from MONUC and international NGO's, has assisted with the demobilization of 2,000 children this year, according to MONUC Child Protection. The children come from all the different fighting factions, including approximately 40% from Mai Mai, 16% from FARDC, 10% from CNDP, 8% from FDLR, and 0.4% from LRA. The FARDC high command is supportive of the efforts by MONUC to remove the children. However, they have little control in preventing the ground troops from recruiting child soldiers. This is highlighted by the fact that nearly half of the children demobilized this year had been recruited in the early months of 2009. The GDRC has not agreed on UN Security Council Resolution 1612 regarding a Plan of Action related to child soldiers. ¶4. (SBU) Progress related to prosecution of those involved in trafficking or other crimes is slow to non-existent. Difficulty in tracking the cases is one contributing factor. When a case does make it to trial, there is uneven application of existing law resulting in sentences that are below what the law requires. This is the case for sexually based crimes. In addition, the summer firing of 100 judges further impacted a judicial system that is lacking sufficient numbers of magistrates overall, but particularly in rural areas where many of the issues related to trafficking in persons occur. A lack of proper investigations, evidence gathering, and protection of witnesses provide further challenges for the judicial system in prosecuting trafficking crimes. ¶5. (SBU) The Ministry of Human Rights and Ministry of Gender Affairs is very interested in an interministerial working group to develop a national strategy on TIP as well as a national campaign of sensitization using the media and other public relations tools with the assistance of NGO's and the international community. The group will be tasked with developing an action plan to implement the recommendations. Although the Child Protection Code passed in January, implementation of the law is lacking and a budget is still needed. In all sectors of the government there is a recognition of the challenges and political will to move toward change, but the lack of resources and will to Qtoward change, but the lack of resources and will to implement is a constant obstacle. GARVELINK