MOZAMBIQUE: NINTH ANNUAL TRAFFICKING IN PERSONS

UNCLAS SECTION 01 OF 03 MAPUTO 000289 SENSITIVE SIPDIS STATE FOR G/TIP, G, INL, DRL, AF/RSA, AF/S E.O. 12958: N/A TAGS: KCRM KTIP PHUM KWMN SMIG ELAB KFRD ASEC PREF MZ SUBJECT: MOZAMBIQUE: NINTH ANNUAL TRAFFICKING IN PERSONS REPORT REF: A. STATE 5577 ¶B. 08 STATE 132759 ¶C. 08 MAPUTO 651 ¶D. 08 MAPUTO 322 ¶E. 08 MAPUTO 261 -------------- OVERVIEW OF TIP SITUATION -------------- ¶1. (SBU) Mozambique is a source and possibly a destination country for men, women, and children trafficked for the purposes of forced labor and sexual exploitation. The use of forced and bonded child laborers is a common practice in Mozambique's rural areas, often with the complicity of family members. Women and girls are trafficked from rural to urban areas of Mozambique, as well as to South Africa, often with the promise of employment and/or education, for domestic servitude and commercial sexual exploitation in brothels; young men and boys are trafficked to South Africa mainly for farm work and mining. The IOM and the Mozambican Police (PRM) estimate that annually 1,000 Mozambicans are trafficked to South Africa. Trafficked Mozambicans labor for months in South Africa without pay before "employers" have them arrested and deported as illegal immigrants. Trafficking of human organs to support the traditional healing industry in South Africa and Mozambique is relatively widespread. Traffickers are typically part of networks of Mozambican and/or South African citizens; however, involvement of larger Chinese and Nigerian syndicates of human traffickers has been reported. Zimbabwean and Malawian women and girls are likely trafficked to Mozambique for sexual exploitation and domestic servitude. The Ministries of Interior, Women and Social Action, and Justice are most prominently involved in anti-trafficking efforts, although a general lack of financial and human resources greatly limited their ability to address the problem. ¶2. (SBU) The Government of Mozambique complies with the minimum standards for the elimination of trafficking, having made significant efforts to do so over the past year. Post recommends that Mozambique be removed from the Tier 2 Watch List due to its significantly increased efforts to combat trafficking in persons. While the government did not prosecute and convict arrested traffickers, it did ensure the passage of anti-trafficking legislation, developed public awareness, and began to address the issue of officials suspected of accepting bribes to overlook trafficking crimes or free traffickers. -------------- INVESTIGATION AND PROSECUTION -------------- ¶3. (SBU) Mozambique's National Assembly unanimously passed a comprehensive anti-trafficking law in April 2008, becoming the first country in SADC to adopt such legislation. The new law, which went into force in late 2008, provides for significant prison sentences for those found guilty of recruiting, transporting, sheltering, or otherwise assisting in trafficking in persons. The law also outlines protection and prevention measures, government support of trafficked persons, and whistleblower protection. The GRM agreed to budget $360,000 in support of enforcing the new law. ¶4. (SBU) Mozambican law prohibits rape (excluding spousal rape) but was not effectively enforced. Penalties ranged from two to eight years' imprisonment if the victim is 12 years of age or older, and eight to 12 years' imprisonment if the victim is under the age of 12. Prostitution is legal, although it is governed by several laws against indecency and immoral behavior and restricted to certain areas. ¶5. (SBU) Many lower-ranking police and border control agents continue to accept bribes from traffickers, hindering Mozambique's prosecution efforts, though TIP training is ongoing. As Mozambique's new anti-trafficking law entered into force, the government can now for the first time arrest and prosecute suspected traffickers and those who assist in the trafficking of persons, though there were no trafficking prosecutions in 2008. ¶6. (SBU) Police reported breaking up several trafficking schemes, arresting several drivers and facilitators, but not MAPUTO 00000289 002 OF 003 the traffickers behind the operations. Before the new anti-trafficking law entered into force, the PRM was only able to charge alleged traffickers with mistreatment and abuse. For example, two Turkish nationals were found guilty and sentenced to jail time and a fine for the mistreatment and sexual abuse of 17 Muslim boys between the ages of 12 and 17 who were trafficked from their homes in northern Mozambique to the capital where they were confined and subjected to sexual and physical abuse. While the anti-trafficking law was not yet in force, media coverage of the trafficking issues raised in this case helped develop national awareness of trafficking issues. ¶7. (SBU) In April 2008, 29 year-old Mozambican and South African dual-national Aldina "Diana" dos Santos was arrested in South Africa and charged with trafficking over 30 Mozambican girls between the ages of 14 and 20 to South Africa to staff her brothel in upscale Moreleta Park, Pretoria, operational since 2005. In the course of the trial, the court heard testimony about how Diana sexually exploited and tortured Mozambican young women after having trafficked them from Mozambique, many times without passports. Diana's first lawyer attempted to bribe the Mozambican whistleblower. In November, 3 men from Diana's criminal ring, which allegedly provided young women for brothels throughout South Africa, attempted to kidnap the whistleblower from his home in Maputo. The Diana case drew national media attention, and greatly helped to raise awareness of trafficking among Mozambicans. The Ministry of Interior cooperated closely with South African authorities to develop evidence in this case. ¶8. (SBU) The Human Rights League (LDH) published a comprehensive report in January 2009 substantiating claims of regular mutilations occurring in Mozambique of body parts forcibly removed from children and adults, either while still alive or immediately following violent death. These forcible removals cause either death or serious disability, and the organs are trafficked primarily to South Africa, but also in Mozambique to support the "muti" witchdoctor or traditional healing industry. According to the report, trafficking is carried out through third parties who actively seek body parts from live victims due to commonly-held beliefs that the medicinal value of these parts taken from living humans is more powerful. More than one in five persons interviewed for the report experienced first-hand incidents relating directly to trafficking of body parts. Policies and programs to combat trafficking in body parts are non-existent, as is media coverage of the issue. Government officials and some members of civil society are unwilling to discuss this issue due to the stigmas associated with trafficking in human parts, and media coverage of the report was minimal. ¶9. (SBU) Police trafficking seminars for new police officers begun in 2006 continued country-wide. The training was supported by several NGOs. There is no evidence of government involvement in or tolerance of trafficking. There were no cases of government involvement in extradition of persons charged with trafficking in other countries. International child sex tourism has not been identified by the government as an area of concern. -------------- PROTECTION AND ASSISTANCE -------------- ¶10. (SBU) Mozambican civil society has, over the past year, greatly expanded awareness of trafficking issues, publicizing the issue of trafficking and partnering with the GRM to develop a viable anti-trafficking strategy in the run-up to the 2010 World Cup, which is expected to increase the incidence of Mozambicans trafficked to South Africa for sexual exploitation. The government's efforts to protect victims of trafficking continued to suffer from a lack of resources; government officials regularly relied on NGOs to provide shelter, food, counseling, and rehabilitation for victims of trafficking. The government encouraged victims to assist in the investigation and prosecution of traffickers, and it did not penalize victims for unlawful acts committed as a result of their being trafficked. ¶11. (SBU) In 2008, the Ministry of Justice developed a Juvenile Court system specifically designed to handle trafficking cases as well as other sensitive juvenile cases. MAPUTO 00000289 003 OF 003 The Ministry of Interior and PRM have expanded the number of police stations with personnel trained in issues such as trafficking, and provided limited training. Each police station is now expected to include an area dedicated to women and children victimized by violence; these offices registered complaints and filed reports of trafficking crimes before turning victims over to NGOs for care. The PRM has also developed a six person anti-trafficking unit that acts on trafficking intelligence and attempts to disrupt criminal trafficking networks. An NGO manages a "green line" dedicated to persons who want to report crimes against children. An international NGO manages the country's only permanent shelter for child trafficking victims, which operates on land donated by the Moamba District government. -------------- PREVENTION -------------- ¶12. (SBU) The government's prevention efforts are improving but remain limited. Most anti-trafficking educational workshops were run by NGOs with government participation. Some of these conferences and workshops proved very successful, particularly in raising public awareness of the issue. Media coverage, including State-owned media, of trafficking issues was unprecedented in 2008, particularly in the months following the passing of the anti-trafficking law. Articles about the Diana and Turkish cases were widespread, and media coverage of anti-trafficking conferences was prominent. In September, journalists also covered a series of attempted kidnappings of school children as young as 9 years of age, and explored the links between these kidnappings and attempts to traffic the children to South Africa. IOM partnered with Radio Mocambique to air a radio drama on trafficking, in an effort to provide public education on the topic. Law enforcement officials at major border crossings communicated and cooperated with NGOs monitoring immigration and emigration patterns to screen for potential trafficking victims. -------------- TIP HEROES -------------- ¶13. (SBU) Carlos Manjate director of NGO Rede CAME is Post's first nomination for Mozambique's TIP Hero. More than any other member of civil society, Manjate took ownership of the anti-trafficking legislation, which was unanimously passed by the National Assembly. His continued efforts to publicize the law, help the media understand trafficking issues, and develop a strong working relationship between the government and civil society are a testament to his dedication to TIP issues. Lurdes Mabunda, Director of the Interior Ministry's Department of Women and Children, is Post's second nomination for Mozambique's TIP Heroine. Mabunda should be commended for her commitment to anti-trafficking issues and her involvement in the Ministry's strategy development and outreach to civil society. ¶14. (U) Embassy point of contact on TIP is Etienne LeBailly, Political officer. Tel: 258 21 492 797 ext. 3423; fax: 258 21 490 448; cellular phone 258 82 310 7270. Principal FSO drafter (FS-3) spent 80 hours researching and drafting this cable. The Charge (FS-01) spent one hour, the A/DCM (FS-01) spent one hour, including the editing/clearing process. Pol-Econ Chief (FS-2) spent 10 hours, and LES political assistant spent 40. Total hours: 132. Chapman