GUINEA: 2010 TIP REPORT

UNCLAS SECTION 01 OF 07 CONAKRY 000104 SIPDIS G/TIP, G-LAURA PENA, INL, DRL, PRM, AF/RSA E.O. 12958: N/A TAGS: PHUM KTIP KCRM KWMN SMIG KFRD ASEC PREF ELAB KMCA SUBJECT: GUINEA: 2010 TIP REPORT REF: SECSTATE 002094 ¶1. (SBU) Despite considerable rhetoric by the junta government concerning anti-TIP efforts, little progress has been made toward combating TIP in Guinea during the reporting period. The country remains a point of origin, transit, and destination for trafficked men, women, and children. After the December 23, 2008 coup d'etat the junta government, calling itself the National Council for Democracy and Development (CNDD),created a new Ministry designed specifically to address prevalent criminal issues such as drugs, banditry, and human trafficking. The CNDD repeatedly claimed that anti-TIP programs would take priority in national policy, although money shortages, government mismanagement, and a lack of capacity ensured that little has changed in the form of programming or anti-TIP arrests during the reporting period. Government agencies, local NGOs, and international organizations report positive collaboration with authorities, despite considerable budget constraints. END SUMMARY. -------------- GUINEA'S TIP SITUATION -------------- (A) The primary sources of information on trafficking in persons are the National Committee to Combat Trafficking in Persons and the national and international NGOs that collaborate with this committee. There are no established mechanisms to collect the necessary data to regularly update TIP statistics. Furthermore, the creation of the Ministry of High Crimes, Anti-Drugs, and Grand-Banditry has confused many bureaucrats as to where responsibility for data collection and prosecution lies. However, government agencies, including the newly created ministry, work closely together and with NGOs through the National Committee. (B) Guinea is a country of origin, transit, and destination for women, men, and children trafficked for sexual exploitation and domestic and commercial labor. The Guinean National Committee to Combat Trafficking in Persons estimates that several hundred persons are trafficked into, through, and from Guinea annually. The Ministry of Social Affairs registered 106 victims of child trafficking in 2009, but have no information on other trafficked groups. The Ministry of Justice cites 13 new trafficking cases in 2009 involving 40 traffickers, 30 of whom are in custody. None of the new trafficking cases were prosecuted in 2009. - Guinea is a source, transit, and destination country for trafficking, but most cases show Guinea to be primarily a source country and less often a destination point. Guinean persons are primarily trafficked into Mali, Senegal, Liberia, and Sierra Leone. Guinea is also reportedly a source for women and girls trafficked to Cote d'Ivoire Benin, Senegal, Nigeria, South Africa, and the European Union for domestic servitude and sexual exploitation. Research suggests that inter-Guinean trafficking is rare. - While combating TIP was at the center of CNDD's proposed reforms, there has been no significant change in the trafficking situation in Guinea. (C) Trafficking victims in Guinea are subjected to various conditions and are forced into many different forms of labor. Women are trafficked primarily for domestic servitude and sexual exploitation. While the trafficking of men is rare, traffickers occasionally use Guinean men for agricultural labor. Girls are often used for domestic servitude while boys are used for selling goods, commercial begging, shoe-shining, and running errands. Some children work as agricultural laborers on plantations or in artisanal gold and diamond CONAKRY 00000104 002 OF 007 mining operations. (D & E) Guinean children are particularly susceptible to trafficking. According to local NGOs and the Ministry of Social Affairs, traffickers often promise parents that they will provide the children with education and religious opportunities beyond what the family can provide. In other cases, children are sold or given by their families to intermediaries in exchange for money and promises of a greater future for the children. The trafficker is usually a family friend, family member, influential member of the community, or a person of significant economic means who promises a better economic outlook for the children. Other traffickers claim that they will temporarily employ young women to help pay for their wedding ceremony and dowry. Local NGOs and the GOG claim that most TIP is done by independent business people, and that larger crime groups are rarely involved in Guinean TIP. - While there are few cases of outright abduction, it is another means by which traffickers sometimes recruit children. In June, 2009, an abduction case was covered extensively by local news media and the GOG. The subsequent arrest of the trafficker and identification of the child victim were broadcast several times on national television. The alleged trafficker remains imprisoned and has not yet been charged for the crime. - Traffickers usually transport trafficked women, children, and men by car or bus in Guinea, although there have been some cases where children were allegedly trafficked by boat. -------------- -------------- SETTING THE SCENE FOR THE GOVERNMENT'S ANTI-TIP EFFORTS -------------- -------------- (A) The government acknowledges that TIP is a problem in Guinea. After the coup d'etat in December 2008, the junta government constantly referred to TIP as one of its main priorities along with combating drug trafficking and corruption. However, no tangible reforms were taken. (B) Many ministries in Guinea allege involvement in efforts to combat sex and labor trafficking, including forced labor. However, the National Committee to Combat TIP, chaired by the Ministry of Social Affairs, has historically been the leading GOG agency for anti-trafficking efforts. Ministries participating in the Committee include: The Ministry of Justice, Ministry of Security, Ministry of Cooperation, Ministry of Foreign Affairs, Ministry of Pre-University Education, Ministry of Youth and Sports, Ministry of Labor, Ministry of Fisheries, and Ministry of Health, among others. The CNDD-created Ministry of High Crimes, Anti-Drugs, and Grand-Banditry also had a loose mandate to combat human trafficking on the enforcement level, though its anti-TIP responsibilities were never clearly defined. On February 3, 2009, junta President Dadis Camara issued a declaration giving security forces the command to shoot anyone caught trafficking humans. However, there were no reports of security forces killing traffickers during the reporting period. On February 3 2010, the Ministry of High Crimes was eliminated and renamed as a compartment of the Office of the President. Its new mandate is unclear at the time of this submission. (C) The GOG is severely limited in its ability to address trafficking in persons due to budget constraints and capacity limits. In 2009, Guinea's economy suffered tremendously due to the global economic crisis, political instability, and the suspension of foreign aid. As such, few resources were diverted to programs other than military and government salary support. Endemic corruption undermines the effectiveness of government institutions and services, especially law enforcement. The Ministry of Social Affairs has minimal resources for aiding victims and relies primarily on international and local NGOs to provide services to victims. CONAKRY 00000104 003 OF 007 (D) The GOG does not systematically monitor its anti-trafficking efforts. The National Committee to Combat TIP is required to submit a report three times per year to the Minister of Social Affairs on the implementation of the National Action Plan. During the reporting period, the National Committee met monthly as a large group. The Permanent Secretariat of the Committee met twice a month during the reporting period. In February 2009, the National Committee to Combat TIP met to evaluate the 2005-2006 National Action Plan to Combat Trafficking in Persons and to outline an updated version for 2009-2011, but it was never released to the public. The Ministry of High Crimes televised the arrest of two alleged traffickers during 2009, one in April and one in June. (E) The government lacked the capacity to establish the identity of local populations, including birth registration, citizenship, and nationality during the reporting period. (F) The GOG is not capable of gathering the data required for an in-depth assessment of law enforcement efforts due to the lack of funding, education, capacity, and programming in the relevant ministries. -------------- INVESTIGATION AND PROSECUTION OF TRAFFICKERS -------------- (A) The National Assembly was abolished after the December 2008, coup d'etat As such, no new laws were enacted against TIP in 2009. - Guinea's Penal Code (1998) outlaws trafficking in persons under Article 337, which punishes "any person who has sealed an agreement which has as its objective the prevention of liberty of a third person, either for free or monetary profit." This crime carries a penalty of five to ten years imprisonment and the confiscation of any money and/or property received from trafficking activities. This law was enacted to address internal forms of trafficking, but has also been used as the basis for transnational trafficking. Any form of slavery is illegal in Guinea. -- Article 337 also prohibits the exploitation of vulnerable persons for unpaid or underpaid labor, punishable by six months to five years prison time and a fine of GNF 50,000 to GNF 300,000 (approximately $10 to $60). The last part of the article prohibits the exploitation of vulnerable persons to conditions of work or shelter that are incompatible with human dignity. This offense carries a fine of GNF 50,000 to GNF 500,000 (approximately $12 to $118) and prison time of one month to five years. -- In May 2008, Guinea's National Assembly passed the Child Code, a comprehensive law that broadly outlines the rights and responsibilities of children, which was promulgated by the late president in August 2008. The Child Code addresses the treatment and employment of children and specifically addresses child trafficking. The Child Code was not formally implemented in 2009, due to political instability. However, local NGOs report that work on the implementing text of the child code will restart upon the naming of a new government in the coming weeks. -- In addition to these laws, the penal code includes several sections making illegal the following activities that may be related to trafficking in persons: hostage taking, pawning a human being, threats, assault, and pushing another person into delinquent activities, including prostitution. Taken together, the laws are sufficiently broad to cover the full scope of trafficking in persons, if applied. While some officials favor the amendment of these laws to carry stricter penalties, others argue that the government must begin by successfully prosecuting at least one legitimate case and to effectively ensure the perpetrator serves time in prison. CONAKRY 00000104 004 OF 007 B) The article that outlaws trafficking does not make a distinction between the motives of trafficking people for sexual exploitation or for labor exploitation. In both cases, the crime carries a penalty of five to ten years imprisonment and the confiscation of any money or property received for trafficking activities. Guinea did not convict any sex traffickers in 2009. C) The above-mentioned prescribed penalties for labor exploitation are rarely imposed. The government's laws provide for jail time of five to ten years, but Embassy is not aware of any case where the government has prosecuted or convicted a person under this law. Labor recruiters engage in techniques using knowingly fraudulent and deceptive offers that result in workers being exploited in Guinea and in other countries. In practice, there have been no convictions or criminal punishments in such cases. D) The Guinean Penal Code stipulates a five-to-ten year prison term for rape. Aggravated rape, defined as rape by an authority (teacher, public official),or sexual violation of someone less than 14 years old, a mentally ill or physically impaired person, carries a penalty of ten-to-twenty years in prison. These penalties are comparable to crimes involving trafficking. However, due to social and cultural norms, rape cases are rarely reported. On September 28, 2009, government forces killed 158 people, wounded at least 1000, and publicly raped tens of women. Despite a UN Commission of Inquiry report directly implicating Guinean armed forces for the killings and rapes, no one has been brought to trial for the crimes. (E) The Government of Guinea has not formally prosecuted any trafficking cases in 2009. However, the Ministry of Justice reports that there were thirteen new cases of human trafficking in 2009 that involved the arrest of at least forty traffickers. Thirty of the alleged traffickers remain in detention and are awaiting trial upon submission of TIP report. (F) The GOG provided limited specialized training to government officials on the recognition, investigation, and prosecution of trafficking in 2009 due to budget constraints and political instability. (G) The GOG has a series of bilateral and multilateral agreements with neighboring countries to cooperate on transnational investigations and prosecutions of trafficking cases. Embassy is not aware of any transnational investigations in 2009. (H) The government has extradition agreements with ECOWAS member states. Embassy is not aware of any case in which the GOG extradited its own nationals for trial in 2009, nor of any law that prevents such extradition (I) There is no indication that the GOG is involved in TIP. The CNDD publicly condemned TIP throughout the year and claimed determination in stopping human trafficking throughout the country. However, there were no significant awareness campaigns or prevention campaigns in 2009. Despite significant government rhetoric to the contrary, the tolerance of TIP seems to be a significant problem among civilians and government workers. In 2009, the CNDD demonstrated minimal law enforcement efforts against alleged traffickers. (J) Embassy is not aware of any reports of high-level CONAKRY 00000104 005 OF 007 official involvement in trafficking over the year. (K) Guinea does not provide troops to international peacekeeping efforts, but has sent observers in the past. Guinean Gendarmerie and Police forces, however, have served in a law enforcement capacity abroad in the past. (L) Guinea does not have an identified child sex tourism problem. The current child sexual abuse laws do not have extraterritorial coverage. -------------- PROTECTION AND ASSISTANCE TO VICTIMS -------------- (A) In 2009, the GOG had no formal operating budget, and social programming was largely ignored. What was available was often used toward the defense sector vice social programming. The GOG, as in the past, mostly refers victims to local and international NGOs such as UNICEF, ILO, UNO/DC, IOM, Save the Children, etc. However, the Ministry of Social Affairs, through its section for Children at Risk, continues to provide assistance to a few hundred children, a small number of whom are likely trafficking victims. Most of the children are victims of violence, have been abandoned, live in unsafe homes, or are orphans. (B) The GOG does not have any safe homes for trafficking victims. Authorities often assist victims by contacting local and international NGOs who, in turn, provide access to shelter and family reunification programs. (C) The GOG did not provide trafficking victims access to legal, medical or psychological services in 2009. However, the GOG continues to cooperate with specialized local NGOs that provide assistance to trafficking victims. The government does not subsidize foreign or domestic NGO victim services. (D) The government does not assist foreign trafficking victims by providing permanent resident status or relief from deportation. In some cases, authorities assist foreign trafficking victims by contacting local embassies and processing travel documents for repatriation. (E) Due to budget constraints and a lack of capacity, the government does not provide long-term shelter or housing benefits to victims or other resources to aid the victims in rebuilding their lives. (F) According to local NGOs, the GOG often refers trafficking victims to humanitarian organizations. However, there is currently no formal referral process underway. (G) The GOG formally recorded that 106 children were trafficked during 2009, but had no information on other trafficking groups. The GOG also said that the number of trafficking victims was likely much larger that what was recorded, as there is no central record keeping capacity in Guinea. Data was also unavailable as to the number of trafficking victims assisted by law enforcement authorities or as to the number of victims referred to care facilities. At least thirty alleged traffickers indicted for thirteen cases of trafficking are awaiting trial. (H) Guinea does not have comprehensive or formal systems for identifying victims of trafficking among high-risk persons. (I) In general, the rights of victims are respected and they are not treated as criminals. The government sometimes gives victims refuge in jails, if no alternatives are available. Due to the lack of reliable data, it is unclear if any trafficking victims have been prosecuted for violations of other laws. However, because prosecutions for immigration, prostitution, or other crimes that may be associated with CONAKRY 00000104 006 OF 007 trafficking are generally rare, it is unlikely that victims fall into this category. (J) The government encourages victims to assist in the investigation and prosecution of trafficking. A trafficking victim has the right to sue his/her trafficker in Guinea, as long as he/she is at least twelve years of age, but the victim must be identified in order to prosecute a case. If the victim is a material witness in a court case against an employer, the victim is permitted to obtain other employment. Once a victim has provided the necessary information for the trial, there are no barriers for the victim leaving the country. An attorney may represent the victim during the judicial process. No dedicated victim services are provided for restitution. There were two victims, one in April and one in June, who were publicly asked to discuss their cases on national television. However, these two cases were not brought to court. Embassy is unaware of any other cases this year where trafficking victims were asked to assist in TIP investigations. (K) The GOG does not provide any specialized training for government officials in identifying trafficking victims, either in Guinea or in its diplomatic offices abroad, and lacks the resources to do so. However, the GOG cooperates with a number of international and local NGOs that organize various training programs. There is no data available as to the number of trafficking victims assisted by Guinean embassies abroad. (L) The government provides little assistance in terms of medical aid, shelter, or financial help to its nationals who are repatriated as victims of trafficking. However, through an informal referral process, the GOG often works with local and international NGOs that provide assistance to victims. (M) International organizations and NGOs that work with the GOG on trafficking issues include: UNICEF, ILO, UNO/DC, IOM, Terre des Hommes, Plan Guinee, Save the Children, CF-Guinea, AIDP, SEDPA, World Education, JETC, Sabou-Guinee, AGRAD, ASED, AGUIAS, AEJT, JAD, Monde des Enfants, ACEEF, FRAD, Club des Amis du Monde, CONAG-DCF. The GOG does not provide any funding to any of these organizations, but works closely with these NGOs through a referral process and collaborates on projects and initiatives. -------------- PREVENTION -------------- (A) The government did not conduct any anti-trafficking or education campaigns during the reporting period. However, general TIP awareness was heightened through several speeches by junta president Moussa Dadis Camara and Minister of High Crimes, Anti-drugs, and Grand Banditry Moussa Tiegboro Camara. These two leaders gave several speeches highlighting the importance of anti-TIP efforts and made several promises to improve Guinea's TIP situation. Many of the speeches also specifically focused on traffickers, and how the government should be working to improve its law enforcement capacity to arrest and prosecute traffickers. (B) The GOG does not monitor immigration and emigration patterns for evidence of trafficking, nor does it have the capacity to do so. Border facilities are very basic and lack equipment. Border guards lack training and are often accused of corruption. Most travelers are registered in simple, handwritten logbooks. There is no comprehensive program for screening potential trafficking victims, although some border officials have demonstrated increased vigilance due to past awareness programming or directives from upper management. (C) The National Committee to Combat TIP provides an effective mechanism for interagency coordination and communication. The broader Committee is required to meet once every three months, but did so every month during the reporting period. Members of its Permanent Secretariat met bi-weekly during the reporting period. CONAKRY 00000104 007 OF 007 (D) The government has a National Action Plan to Combat Trafficking in Persons, initially drafted in 2003 and updated as necessary. The plan was developed through a number of government agencies including the ministries of Social Affairs, Justice, Interior, Security, Labor, and Education. In February 2009, the National Committee to Combat TIP convened a session to evaluate the 2005-2006 iteration of the national action plan and to outline an updated version for 2009-2010. However, the plan was never published. (E) The GOG has not taken any action to reduce demand for commercial sex acts. (F) The GOG did not taken any measures to reduce the participation in international child sex tourism by nationals of the country in 2009. (G) N/A -------------- PARTNERSHIPS -------------- (A) While the GOG engages with ECOWAS member states and NGOs on trafficking issues, Embassy is not aware of any programs or engagement with other governments or civil society to focus attention and devote resources to addressing human trafficking during the reporting period. (B) The government does not have the capacity to provide international assistance to other countries to address TIP. -------------- TIME, RESOURCES, and CONTACT -------------- ¶2. (U) Post recognized the importance of this report and a focus on TIP issues. Guinea has experienced a tremendous amount of political upheaval during the reporting period and Embassy Conakry is currently under ordered departure status. Despite limited resources, we consider anti-trafficking in persons efforts an important element of our overall foreign policy focus on democracy, good governance, and human rights in Guinea. We have appreciated the support and funding from the Department to enable us to further engage the government and international organizations on trafficking-related issues and hope we can again count on that support in FY 10, given a recent change in GOG status. ¶3. (U) The hours below represent those spent by Embassy officials preparing the TIP report: FSN Grade 8,9: 25 hours Political/Economic Officer FS-04: 12 hours Regional Security Officer: 1.5 hours A/Management Officer: 1.5 hours Deputy Chief of Mission: 2 hours Ambassador: 2 hours ¶4. (U) Contact for the 2010 TIP report is Acting Political/Economic Chief, Briana Warner. Email: warnerbm@state.gov. Phone: 224.65.10.4196 Moller