NAMIBIA: 2009-2010 INCSR PART I

UNCLAS WINDHOEK 000459 SENSITIVE SIPDIS DEPARTMENT FOR INL/AAE (LYLE),AF/S (GWYN) E.O. 12958: N/A TAGS: SNAR WA SUBJECT: NAMIBIA: 2009-2010 INCSR PART I -------------- ¶I. Summary -------------- ¶1. (SBU) While occasionally used as a drug transit point, Namibia is not a major drug producer or exporter. Statistics for 2009 showed a marked decrease in illegal drug seizures compared to previous years, with approximately $300,000 worth of drugs (589 kilograms of marijuana, plus extremely small quantities of Mandrax (methaqualone),cocaine, and Ecstasy) seized between April 2008 and March 2009. Drug abuse remains an issue of concern, especially among economically disadvantaged groups. Narcotics enforcement is the responsibility of the Namibian Police's Drug Law Enforcement Unit (DLEU),which still lacks the manpower, resources and equipment required to fully address the domestic drug trade and transshipment issues. Namibia ratified the 1988 UN Drug Convention in March 2009. End Summary. -------------- II. Status of Country -------------- ¶2. (SBU) Namibia is not a significant producer of drugs or precursor chemicals. No drug production facilities were discovered in Namibia in 2009. -------------- III. Country Actions Against Drugs in 2009 -------------- Policy Initiatives. ¶3. (SBU) Namibia has requested United Nations (UNODC) assistance in reviewing the 2003-2008 National Drug Master Plan. The 1988 UN Drug Convention requirements are reflected in Namibian law, which criminalizes cultivation, production, distribution, sale, transport and financing of illicit narcotics. Namibia's Parliament passed the Prevention of Organized Crime Act (POCA),designed to combat organized crime and money laundering, in 2004, and it entered into force in May 2009. In July 2007, Parliament passed the Financial Intelligence Act (FIA) and the law entered into force in May 2009. The Combating of the Abuse of Drugs Bill was tabled in Parliament in 2006. However due to non compliance with certain provisions of the 1988 UN Drug Convention, the Bill was withdrawn from parliament and is currently under review with the Namibian Legal Drafting Directorate in the Ministry of Justice. If passed, it would ban the consumption, trafficking, sale and possession of dangerous, undesirable and dependence-inducing substances. Namibia is also a signatory to the International Convention for the Suppression of the Financing of Terrorism. The Namibian Anti-Terrorism Activities Bill and Drugs Control Bill are still under consideration. Once dully implemented and harmonized, the new legislation will allow for asset forfeiture and other narcotics-related prosecution tools. Law Enforcement Efforts. ¶4. (SBU) Namibia fully participates in regional law enforcement cooperation efforts against narcotics trafficking, especially through the Southern African Development Community (SADC) and the Southern African Regional Police Chief's Cooperative Organization (SARPCCO). The Minister of Safety and Security and working level officials meet regularly with counterparts from neighboring countries to discuss efforts to combat cross border contraband shipments (including narcotics trafficking). ¶5. (SBU) According to official statistics (published in April every year),police made the following seizures: 2009* 2008** -------------- Cannabis 589 1383 kilograms Cocaine powder 9.284 32 kilograms Crack cocaine 410 528 dosage units Ecstasy 92 394 tablets Methaqualone 800 381 tablets * Statistics collected April 2008 to March 2009 ** Statistics collected April 2007 to March 2008 ¶6. (SBU) The Namibian Police's Drug Law Enforcement Unit (DLEU), continues to lack the manpower, resources and equipment required to fully address the domestic drug trade and transshipment issues. For example, the DLEU only has drug detection dogs in Windhoek to carry out its enforcement activities, while other transit points lack coverage. ¶7. (SBU) The Nineteenth Meeting of Heads of National Drug Law Enforcement Agencies (HONLEA),Africa, organized by the United Nations Office on Drugs and Crime (UNODC) was hosted by the Government of Namibia, in Windhoek, Namibia, October 12 through 16, ¶2009. Corruption. ¶8. (SBU) As s matter of government policy, the Government of Namibia does not encourage or facilitate illicit production or distribution of narcotic or psychotropic drugs or other controlled substances, or the laundering of proceeds from illegal drug transactions. Similarly, no senior government official is alleged to have participated in such activities. Agreements and Treaties. ¶9. (SBU) In March 2009 Namibia ratified the 1988 UN Drug Convention. In addition it is a party to the 1961 UN Single Convention as amended by the 1972 Protocol, and the 1971 UN Convention on Psychotropic Substances. Namibia also is a party to the UN Convention Against Transnational Organized Crime and its protocols against migrant smuggling and trafficking in persons, and to the UN Convention against Corruption. The United States and Namibia do not have a bi-lateral extradition or mutual legal assistance treaty. In 2006, however, Namibia designated the United States as a country to which Namibia could extradite persons. In addition, there has been excellent cooperation regarding legal assistance between both countries. Drug and Flow/Transit ¶10. (SBU) Namibia's excellent port facilities and road network, combined with weak border enforcement, make it a likely transshipment point for drugs en route to the larger and more lucrative South African market. DLEU personnel believe much of the transshipment takes place via shipping containers either off-loaded at the port of Walvis Bay or entering overland from Angola and transported via truck to Botswana, Zambia and South Africa. Inadequate staffing and training, inadequate screening equipment, and varying levels of motivation among working-level customs and immigration officers at Namibia's land border posts all prevent adequate container inspection and interception of contraband. However, during 2009 the Namibian Customs Directorate in the Ministry of Finance procured scanning equipment, which will be commissioned at major ports and land borders to enhance the capacity of border interdiction for illegal drugs and other contraband. Inconsistently applied immigration controls also make Namibia an attractive transit point for Africans en route to or from Latin America for illicit purposes. The current maritime security posture does not allow the Namibian police, naval, and port authorities to monitor maritime activities outside the 5 km outer anchorage area of Namibia's major ports in Walvis Bay and Luderitz. It has been reported that drug traffickers have been able to exploit this weakness by using small crafts to meet larger vessels outside these controlled areas. The Namibian Navy assists the police and customs officials with better patrolling of Namibia's Exclusive Economic Zones (EEZs). Six additional patrol ships have been procured from Brazil. Only one ship "Brendan Simbwaye" has been received and is currently in use. It is uncertain when the other five ships will be delivered to the Namibian Navy. Domestic Programs/Demand Reduction. ¶11. (SBU) Drug treatment programs are available from private clinics, and to a lesser extent from public facilities. The vast majority of treatment cases in Namibia are for alcohol abuse, with the remainder divided evenly between cannabis and Mandrax (methaqualone). There is also increasing evidence of the problem of cocaine use in Namibia. -------------- IV. U.S. Policy Initiatives and Programs -------------- ¶12. (SBU) The USG continues to support Namibian participation in law enforcement training programs at the International Law Enforcement Academy (ILEA) in Gaborone, Botswana. Many of these training programs include counternarcotics modules. Representatives of several Namibian law enforcement agencies (Customs and Border Protection, Immigration and Customs Enforcement, Prison Service, the Namibian Police, and the Anti-Corruption Commission) and prosecutors have participated in ILEA training. The police have repeatedly state their willingness to cooperate with the USG on any future narcotics-related investigations. In July 2007 the Financial Intelligence Act (FIA) was passed. Both POCA and the FIA entered into force in May 2009. The FIA serves as the cornerstone of Namibia's anti-money laundering and counter terrorist financing (AML/CTF) regime in concert with the POCA. FIA requires both bank and non-bank financial institutions, called accountable institutions, to identify customers and to report suspicious transactions to the Bank of Namibia (BoN),as well as to provide relevant documents and other investigations. The Bank of Namibia (BoN) has established the Financial Intelligence Center (FIC) to carry out the FIA. The U.S. Department of Treasury's Office of Technical Assistance provided assistance in implementation of FIA and the establishment of the FIC. The Road Ahead. ¶13. (SBU The USG will continue to coordinate with relevant law enforcement bodies to allow them to take advantage of training opportunities at ILEA Botswana and elsewhere, and will assist the Government of Namibia in any narcotics investigation with a U.S. nexus. MATHIEU