LESOTHO -- 2009 TIP REPORT: PRESS GUIDANCE AND

UNCLAS SECTION 01 OF 05 STATE 060530

SIPDIS

E.O. 12958: N/A
TAGS: ELAB KCRM KWMN LO PGOV PHUM PREL SMIG KTIP KPAO
SUBJECT: LESOTHO -- 2009 TIP REPORT: PRESS GUIDANCE AND
DEMARCHE

REF: (A) STATE 59732 (B) STATE 005577


1. This is an action cable; see paras 5 through 7 and 10.


2. On June 16, 2009, at 10:00 a.m. EDT, the Secretary will
release the 2009 Trafficking in Persons (TIP) Report at a
press conference in the Department's press briefing room.
This release will receive substantial coverage in domestic
and foreign news outlets. Until the time of the Secretary's
June 16 press conference, any public release of the Report or
country narratives contained therein is prohibited.


3. The Department is hereby providing Post with advance press
guidance to be used on June 16 or thereafter. Also provided
is demarche language to be used in informing the Government
of Lesotho of its tier ranking and the TIP Report's imminent
release. The text of the TIP Report country narrative is
provided, both for use in informing the Government of Lesotho
and in any local media release by Post's public affairs
section on June 16 or thereafter. Drawing on information
provided below in paras 8 and 9, Post may provide the host
government with the text of the TIP Report narrative no
earlier than 1200 noon local time Monday June 15 for WHA, AF,
EUR, and NEA countries and OOB local time Tuesday June 16 for
SCA and EAP posts. Please note, however, that any public
release of the Report's information should not/not precede
the Secretary's release at 10:00 am EDT on June 16.


4. The entire TIP Report will be available on-line at
www.state.gov/g/tip shortly after the Secretary's June 16
release. Hard copies of the Report will be pouched to posts
in all countries appearing on the Report. The Secretary's
statement at the June 16 press event, and the statement of
and fielding of media questions by G/TIP,s Director and
Senior Advisor to the Secretary, Ambassador-at-Large Luis
CdeBaca, will be available on the Department's website
shortly after the June 16 event. Ambassador de Baca will
also hold a general briefing for officials of foreign
embassies in Washington DC on June 17 at 3:30 pm EDT.


5. Action Request: No earlier than 12 noon local time on
Monday June 15 for WHA, AF, EUR, and NEA posts and OOB local
time on Tuesday June 16 for SCA and EAP posts, please inform
the appropriate official in the Government of Lesotho of the
June 16 release of the 2009 TIP Report, drawing on the points
in para 9 (at Post's discretion) and including the text of
the country narrative provided in para 8. For countries
where the State Department has lowered the tier ranking, it
is particularly important to advise governments prior to the
Report being released in Washington on June 16.


6. Action Request continued: Please note that, for those
countries which will not receive an "action plan" with
specific recommendations for improvement, posts should draw
host governments' attention to the areas for improvement
identified in the 2009 Report, especially highlighted in the
"Recommendations" section of the second paragraph of the
narrative text. This engagement is important to establishing
the framework in which the government's performance will be
judged for the 2010 Report. If posts have questions about
which governments will receive an action plan, or how they
may follow up on the recommendations in the 2009 Report,
please contact G/TIP and the appropriate regional bureau.


7. Action Request continued: On June 16, please be prepared
to answer media inquiries on the Report's release using the
press guidance provided in para 11. If Post wishes, a local
press statement may be released on or after 10:30 am EDT June
16, drawing on the press guidance and the text of the TIP
Report's country narrative provided in para 8.


8. Begin Final Text of Lesotho's country narrative in the
2009 TIP Report:

--------------
Lesotho (TIER 2 WATCH LIST)
--------------

Lesotho is a source country for women and children trafficked
for the purposes of sexual exploitation and forced labor.
Victims are trafficked internally and to South Africa for
domestic work, farm labor, and commercial sexual
exploitation. Women and girls are also brought to South
Africa for forced marriages in remote villages. Nigerian
traffickers acquire Basotho victims for involuntary servitude
in households of Nigerian families living in London. Chinese
organized crime units acquire victims while transiting
Lesotho and traffic them to Johannesburg, where they

STATE 00060530 002 OF 005


&distribute8 them locally or traffic them overseas.
Identified traffickers in Lesotho tend to be white,
Afrikaans-speaking men and long-distance truck drivers.
Women and children attempting to support families affected by
HIV/AIDS and Basotho looking for better employment prospects
in South Africa are most likely to be lured by a
trafficker,s fraudulent offer of a legitimate job.


The Government of Lesotho does not comply with minimum
standards for the elimination of trafficking; however, it is
making significant efforts to do so. Despite these overall
significant efforts, the government has not demonstrated
progress in combating human trafficking through effective law
enforcement; therefore, Lesotho is placed on the Tier 2 Watch
List. A program to train officers in several law enforcement
agencies to identify trafficking situations as part of a
general strategy to improve law enforcement has not yet
resulted in any trafficking related arrests or prosecutions.
Officials increased some anti-trafficking efforts, especially
in raising the public,s awareness of the risks of
trafficking, even as most of their limited resources were
directed at addressing the country,s debilitating HIV/AIDS
pandemic.


Recommendations for Lesotho: Enact a comprehensive law
prohibiting all forms of human trafficking; collect data on
victims identified and assisted, trafficking offenses
investigated and prosecuted, and trafficking offenders
convicted and punished; ensure that victims are not
inappropriately punished for acts committed as a direct
result of being trafficked; provide increased training,
possibly in conjunction with NGOs, to law enforcement
officers in victim identification, particularly at border
points; provide shelter and services to victims of
trafficking, possibly in collaboration with international
organizations and NGOs; and increase efforts to raise public
awareness of trafficking.

Prosecution
--------------
The government did not increase its law enforcement efforts
during the past year. Lesotho has no comprehensive
anti-trafficking law, which hinders the government,s ability
to address human trafficking. Slavery and forced labor are
constitutionally prohibited. Existing laws governing
abduction, kidnapping, labor exploitation, immigration and
sexual abuse of children were used to prosecute
trafficking-related crimes in the past. The Child Protection
Act of 1980, the Sexual Offenses Act of 2003, the Common Law,
and the Labor Code Order of 1981, as amended, prescribe
penalties of at least five years, imprisonment for
trafficking crimes, which are sufficiently stringent and
commensurate with penalties prescribed for other serious
crimes. The Child Protection and Welfare Bill, drafted in
2005, defines child trafficking and prescribes penalties of
20 years, imprisonment for convicted offenders. This bill
is currently under final review with the Office of the
Attorney General. No current or draft laws specifically
penalize the trafficking of adults. The government did not
provide data on trafficking prosecutions or convictions in
the past year. Other sources stated that investigations of
trafficking-related situations are rare because trafficking
is not specifically defined as a crime under existing laws,
and law enforcement resources and capacity are limited. Some
police and customs officers and members of the Lesotho
Mounted Police Services, Child and Gender Protection Unit
(CGPU) received training on detecting and curbing a range of
illegal activities at border posts, including human
trafficking. Law enforcement officers did not proactively
identify trafficking victims among vulnerable populations
such as women and children in prostitution or illegal
migrants, and have not been adequately trained to recognize
victims they may encounter as part of their normal duties.

Protection
--------------
The Lesotho government took inadequate steps to protect
victims of trafficking over the last year. Officials did not
proactively identify victims, and have no formal mechanism
for referring victims to service providers. Lesotho has no
care facilities specifically for trafficking victims.
Orphanages supported by the government of Lesotho and NGOs
are available to provide some services to children identified
as victims of trafficking. The CGPU staff provided
counseling to women and children who are victims of abuse,
including some who were possibly trafficking victims.
Existing law does not protect victims from prosecution for
offenses committed as a direct result of being trafficked.
Information is not available on whether authorities
encouraged or would encourage victims to participate in
anti-trafficking investigations and prosecutions. The law

STATE 00060530 003 OF 005


also did not provide foreign victims of trafficking with
alternatives to their removal to countries where they may
face hardship or retribution.

Prevention
--------------
The government modestly increased its efforts to prevent
trafficking during the year. Immigration authorities
monitored border crossings for indications of transnational
crimes such as smuggling and kidnapping, and received basic
training in detecting potential trafficking situations.
Police raised public awareness of human trafficking through
radio programs and brochures explaining what trafficking is
and how to identify it. The government also encouraged the
public to report instances of rape, physical abuse, and
sexual harassment, including potential sex trafficking
situations, and began an associated increase in telephone
access in rural areas. In an on-going partnership with NGOs,
the CGPU trained 250 children and 70 parents how to report
possible child abuse, including suspected incidents of child
sex and labor trafficking. A committee composed of several
government ministries and the GCPU of the police had nominal
responsibility for coordinating policy on trafficking, but
was not active during 2008 and early 2009. The government,s
ongoing, incremental implementation of tuition-free primary
education expanded compulsory school enrollment and
attendance in an effort to identify all school-aged children,
prevent inappropriate child labor, and reduce children,s
vulnerability to trafficking and other crimes.

--------------



9. Post may wish to deliver the following points, which offer
technical and legal background on the TIP Report process, to
the host government as a non-paper with the above TIP Report
country narrative:

(begin non-paper)

-- The U.S. Congress, through its passage of the 2000
Trafficking Victims Protection Act, as amended (TVPA),
requires the Secretary of State to submit an annual Report to
Congress. The goal of this Report is to stimulate action and
create partnerships around the world in the fight against
modern-day slavery. The USG approach to combating human
trafficking follows the TVPA and the standards set forth in
the Protocol to Prevent, Suppress and Punish Trafficking in
Persons, Especially Women and Children, supplementing the
United Nations Convention against Transnational Organized
Crime (commonly known as the "Palermo Protocol"). The TVPA
and the Palermo Protocol recognize that this is a crime in
which the victims, labor or services (including in the "sex
industry") are obtained or maintained through force, fraud,
or coercion, whether overt or through psychological
manipulation. While much attention has focused on
international flows, both the TVPA and the Palermo Protocol
focus on the exploitation of the victim, and do not require a
showing that the victim was moved.

-- Recent amendments to the TVPA removed the requirement that
only countries with a "significant number" of trafficking
victims be included in the Report. Beginning with the 2009
TIP Report, countries determined to be a country of origin,
transit, or destination for victims of severe forms of
trafficking are included in the Report and assigned to one of
three tiers. Countries assessed as meeting the "minimum
standards for the elimination of severe forms of trafficking"
set forth in the TVPA are classified as Tier 1. Countries
assessed as not fully complying with the minimum standards,
but making significant efforts to meet those minimum
standards are classified as Tier 2. Countries assessed as
neither complying with the minimum standards nor making
significant efforts to do so are classified as Tier 3.

-- The TVPA also requires the Secretary of State to provide a
"Special Watch List" to Congress later in the year.
Anti-trafficking efforts of the countries on this list are to
be evaluated again in an Interim Assessment that the
Secretary of State must provide to Congress by February 1 of
each year. Countries are included on the "Special Watch
List" if they move up in "tier" rankings in the annual TIP
Report -- from 3 to 2 or from 2 to 1 ) or if they have been
placed on the Tier 2 Watch List.

-- Tier 2 Watch List consists of Tier 2 countries determined:
(1) not to have made "increasing efforts" to combat human
trafficking over the past year; (2) to be making significant
efforts based on commitments of anti-trafficking reforms over
the next year, or (3) to have a very significant number of
trafficking victims or a significantly increasing victim
population. As indicated in reftel B, the TVPRA of 2008
contains a provision requiring that a country that has been

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included on Tier 2 Watch List for two consecutive years after
the date of enactment of the TVPRA of 2008 be ranked as Tier

3. Thus, any automatic downgrade to Tier 3 pursuant to this
provision would take place, at the earliest, in the 2011 TIP
Report (i.e., a country would have to be ranked Tier 2 Watch
List in the 2009 and 2010 Reports before being subject to
Tier 3 in the 2011 Report). The new law allows for a waiver
of this provision for up to two additional years upon a
determination by the President that the country has developed
and devoted sufficient resources to a written plan to make
significant efforts to bring itself into compliance with the
minimum standards.

-- Countries classified as Tier 3 may be subject to statutory
restrictions for the subsequent fiscal year on
non-humanitarian and non-trade-related foreign assistance
and, in some circumstances, withholding of funding for
participation by government officials or employees in
educational and cultural exchange programs. In addition,
the President could instruct the U.S. executive directors to
international financial institutions to oppose loans or other
utilization of funds (other than for humanitarian,
trade-related or certain types of development assistance)
with respect to countries on Tier 3. Countries classified as
Tier 3 that take strong action within 90 days of the Report's
release to show significant efforts against trafficking in
persons, and thereby warrant a reassessment of their Tier
classification, would avoid such sanctions. Guidelines for
such actions are in the DOS-crafted action plans to be shared
by Posts with host governments.

-- The 2009 TIP Report, issuing as it does in the midst of
the global financial crisis, highlights high levels of
trafficking for forced labor in many parts of the world and
systemic contributing factors to this phenomenon: fraudulent
recruitment practices and excessive recruiting fees in
workers, home countries; the lack of adequate labor
protections in both sending and receiving countries; and the
flawed design of some destination countries, "sponsorship
systems" that do not give foreign workers adequate legal
recourse when faced with conditions of forced labor. As the
May 2009 ILO Global Report on Forced Labor concluded, forced
labor victims suffer approximately $20 billion in losses, and
traffickers, profits are estimated at $31 billion. The
current global financial crisis threatens to increase the
number of victims of forced labor and increase the associated
"cost of coercion."

-- The text of the TVPA and amendments can be found on
website www.state.gov/g/tip.

-- On June 16, 2009, the Secretary of State will release the
ninth annual TIP Report in a public event at the State
Department. We are providing you an advance copy of your
country's narrative in that report. Please keep this
information embargoed until 10:00 am Washington DC time June

16. The State Department will also hold a general briefing
for officials of foreign embassies in Washington DC on June
17 at 3:30 pm EDT.

(end non-paper)


10. Posts should make sure that the relevant country
narrative is readily available on or though the Mission's web
page in English and appropriate local language(s) as soon as
possible after the TIP Report is released. Funding for
translation costs will be handled as it was for the Human
Rights Report. Posts needing financial assistance for
translation costs should contact their regional bureau,s EX
office.


11. The following is press guidance provided for Post to use
with local media.

Q1: Why is Lesotho ranked on the Report this year on Tier 2
Watch List?


A. Lesotho was placed on the TIP Report because there is
evidence that it is a country of origin, transit, or
destination for victims of severe forms of trafficking The
Government of Lesotho does not comply with minimum standards
for the elimination of trafficking; however, it is making
significant efforts to do so. Despite these overall
significant efforts, the government has shown no evidence of
increasing efforts to combat human trafficking through
effective law enforcement; therefore, Lesotho is placed on
the Tier 2 Watch List. A program to train officers in
several law enforcement agencies to identify trafficking
situations as part of a general strategy to improve law
enforcement has not yet resulted in any trafficking related
arrests or prosecutions. Officials increased some
anti-trafficking efforts, especially in raising the public,s
awareness of the risks of trafficking, even as most of their

STATE 00060530 005 OF 005


limited resources were directed at addressing the country,s
debilitating HIV/AIDS pandemic.

Q2: What is the nature of the trafficking situation in
Lesotho?


A. Lesotho is a source country for women and children
trafficked for the purposes of sexual exploitation and forced
labor. Victims are trafficked internally and to South Africa
for domestic work, farm labor, and commercial sexual
exploitation. Women and girls are also brought to South
Africa for forced marriages in remote villages. Traffickers
associated with international organized crime units are known
to operate in and through Lesotho. While officials increased
some anti-trafficking activities, especially in raising the
public,s awareness of the risks of trafficking, the
government has shown no evidence of increasing and vigorous
law enforcement efforts to combat human trafficking.

Q3: How can Lesotho further its anti-trafficking efforts
over the next year?


A. The government could enact a comprehensive law
prohibiting all forms of human trafficking; collect data on
victims identified and assisted, trafficking offenses
investigated and prosecuted, and trafficking offenders
convicted and punished; ensure that victims are not
inappropriately punished for acts committed as a direct
result of being trafficked; provide increased training,
possibly in conjunction with NGOs, to law enforcement
officers in victim identification, particularly at border
points; provide shelter and services to victims of
trafficking, possibly in collaboration with international
organizations and NGOs; and increase efforts to raise public
awareness of trafficking.


12. The Department appreciates posts, assistance with the
preceding action requests.
CLINTON