TANZANIA: 2010 TRAFFICKING IN PERSONS REPORT

UNCLAS SECTION 01 OF 07 DAR ES SALAAM 000136 SENSITIVE SIPDIS DEPARTMENT FOR AF/E JTREADWELL; GTIP RYOUSEY; G LPENA; PRM; DRL MDAVIS; INR FEHRENREICH; AF/RSA STATE PASS TO AID E.O. 12958: N/A TAGS: KTIP KCRM PHUM KWMN SMIG KFRD ASEC PREF ELAB KMCA, TZ SUBJECT: TANZANIA: 2010 TRAFFICKING IN PERSONS REPORT REF: STATE 2094 ¶1. (U) This cable is in response to guidance in reftel. TIP SITUATION IN TANZANIA -------------- ¶2. (SBU) Reliable sources of qualitative information for TIP trends include the Government of Tanzania (GOT) Ministry of Home Affairs, which is the lead agency on TIP issues; Ministry of Foreign Affairs, which hosts the Interagency Working Group on TIP; Ministry of Health and Social Welfare; Ministry of Community Development, Gender, and Children; the Office of the Director of Public Prosecution (DPP) in the Ministry of Justice and Constitutional Affairs; international organizations such as International Organization for Migration (IOM) and International Labor Organization (ILO); and local NGOs, including Kiota Women's Health and Development Organization (KIWOHEDE),the Conservation, Hotels, Domestic, and Allied Workers Union (CHODAWU),Child in the Sun, and Good Hope Project. ¶3. (SBU) Since summer 2008, IOM has worked with its partner NGOs to gather data on trafficking victims in an effort to generate quantitative data. During the year, eight partner NGOs provided IOM with descriptive information (e.g., sex, age, gender, nationality) about each trafficking victim assisted at their facilities. IOM stored this information into a database called Database on Direct Assistance (DADA), which provided the only reliable data on trafficking in Tanzania. According to IOM's data, more than 70 percent of victims of trafficking were female, many of whom were engaged in domestic work. Victims, both male and female, ranged in age from 12 to 17. The Office of the Director of Public Prosecution is implementing a case management system countrywide which will enable it to track TIP cases systematically. DPP currently gathers data manually on investigations and cases. ¶4. (SBU) Tanzania is a source, transit, and destination country for men, women, and children trafficked for the purposes of forced labor and sexual exploitation. Most victims were trafficked internally from poor rural areas, including from the regions of Kilimanjaro, Iringa, Singida, Dodoma, Mbeya, Morogoro, and Bukoba, by family members or friends of the family offering assistance with education and income in urban areas, such as Dar es Salaam and Arusha. Sexual exploitation was generally reported after young girls were brought into homes for forced labor. There were no reports of children trafficked specifically with the intent of sexual exploitation; however, it is possible that young women are trafficked directly into prostitution. ¶5. (SBU) Although the majority of trafficking continues to be internal, IOM reports that regional trafficking is on the rise. During the year, there were reports of individuals being trafficked from Burundi, Rwanda, Kenya, and Uganda to Tanzania. For example, the African Network for the Prevention and Protection against Child Abuse and Neglect discovered 17 Tanzanian children working in Kenya and returned three to Tanzania. In addition, a man trafficked two Kenyan children to Tanzania to work in the mines in the Tarime region. Small numbers of persons were also reportedly trafficked outside of East Africa to South Africa, Saudi Arabia, the United Kingdom, and possibly other European countries for domestic servitude and sexual exploitation. Indian women who entered the country legally to work as entertainers in restaurants and nightclubs were at times exploited as prostitutes after arrival. Small numbers of Somali and Chinese women were also trafficked into the country and sexually exploited. In tourist areas, such as Zanzibar and Arusha, some girls who were hired for hotel work, both locally and from India, were later coerced into prostitution. There were several 2008 reports of Malawian men DAR ES SAL 00000136 002 OF 007 being trafficked to Rukwa for forced labor in the fishing industry; it is believed that this remained a problem in 2009. ¶6. (SBU) Young girls, and to a lesser extent boys, from impoverished areas of the country were most vulnerable to trafficking. Lack of education, the impact of HIV/AIDS on traditional family structures, and the high level of poverty continued to make Tanzanian children vulnerable to exploitation. Girls were generally trafficked for forced domestic work and boys, as well as young men, were trafficked to work on farms and occasionally in artisanal mines or the informal business sector. In the Arusha region, women also were said to be trafficked to work in the textile industry and on coffee plantations. Living conditions for trafficked victims were usually grim, with very basic amenities, long working hours, inadequate food, little to no pay, vulnerability to physical and sexual abuse, and no educational opportunities. ¶7. (SBU) Trafficking methods varied. Victims were lured by false promises of income, opportunity to attend school, and better living conditions, especially by moving from rural to urban areas. Some trafficking victims left their homes with assistance from their families; some left on their own to escape life in rural areas; and some were transported by someone who offered to help them find city work, legitimate or otherwise. There is evidence to suggest individuals acted as brokers. For example, men are said to have recruited village girls who had completed primary school but were not entering secondary school. The men offered the girls money and employment and promised the girls a better life if they accompanied them to urban areas; however, many of these girls ended up in forced domestic labor and some may have ended up in prostitution. Similarly, a KIWOHEDE representative in Arusha reported that women often played a central role in trafficking children into child labor, generating income from identifying the children and placing them. Another method of trafficking involved low-income parents entrusting children to wealthier relatives or respected members of the community to care for the child as one of their own. Some took advantage of this traditional practice and placed children in abusive or exploitive situations. Victims of trafficking were usually moved by bus or train. There was no information to suggest the involvement of crime rings, illegal employment groups, travel and tourism agencies or marriage brokers. SETTING THE SCENE FOR THE GOVERNMENT'S ANTI TIP EFFORTS -------------- -------------- ¶9. (SBU) The GOT acknowledged the problem of trafficking in persons and actively engaged on the issue. There is no evidence of government involvement in or tolerance of trafficking. While the Ministry of Home Affairs has the lead on trafficking issues, a number of other Ministries are actively involved in combating trafficking in persons. The Ministry of Health and Social Welfare together with the Ministry of Community Development, Gender and Children play a key role in raising awareness about trafficking and providing protection to victims through their networks of Social Welfare Officers and Community Development Officers. The Department of Social Welfare within the Ministry of Health and Social Welfare has a TIP focal point, as does the Ministry of Home Affairs, though the latter position has been vacant for some months. The Ministry of Labor, Employment, and Youth Development has the lead on child labor; because of the significant overlap of these issues, Labor Officers play an important role in combating trafficking. In 2006, the GOT established an inter-agency committee to coordinate trafficking efforts, which brought together representatives from the Ministries of Health and Social Welfare, Home Affairs, Ministry of Justice and Constitutional Affairs, and Foreign Affairs, as well as representatives from NGOs, international organizations, and foreign governments. This DAR ES SAL 00000136 003 OF 007 committee facilitated the exchange of information on TIP activities within Tanzania. ¶10. (SBU) The Ministries involved in anti-trafficking efforts had no dedicated budgetary resources to combat trafficking in persons. Enforcement efforts in Tanzania were hindered by the lack of institutional capacity, lack of awareness, and poor pay for civil servants. Human resource capacity, particularly in the Department of Social Welfare within the Ministry of Health and Social Welfare, was problematic. While all districts had a Community Development Officer to assist victims, only 40 percent of districts in Tanzania had a Social Welfare Officer. Within the Department of Social Welfare, 70 percent of positions were unfilled. The Institute of Social Welfare did not produce a sufficient number of trained persons to fill this void. The Ministry of Labor had only 90 Labor Officers to conduct inspections, raise awareness, and enforce all labor laws. Furthermore, material resources, such as vehicles, to support investigations, inspections, and provide assistance to victims were lacking. ¶11. (SBU) During the year government officials and international organizations turned over victims to the NGO community for care, but the GOT did not systematically track the number of trafficking victims who received assistance. The GOT had limited capacity to gather the data required for an in-depth assessment of law enforcement efforts to combat trafficking. Although the Office of the Director of Public Prosecution plans to implement a case management system, neither the police nor judiciary had computerized systems for tracking cases during the year. The 2007 Anti-Trafficking Law provided for the establishment of a secretariat as well as a committee for trafficking, which would coordinate and guide all related efforts. The Act notes that the Minister of Home Affairs can, on the advice of the committee mandate the collection of and exchange of information on trafficking. Neither the secretariat nor the committee had been formed during the reporting period. ¶12. (SBU) The Committee of the UN Convention on the Rights of the Child reported in August 2009 that only six out of every 100 Tanzanian children have birth certificates. Birth registration is higher in Zanzibar. Although the Tanzanian mainland does not have a national identity card, Zanzibar does have an identity card. In an effort to increase birth registration, in June 2006, the GOT established the Registration, Insolvency, and Trusteeship Agency (RITA),which issues birth certificates. The GOT is encouraging parents to register their children by requiring a birth certificate to enroll children in preschool. Investigation and Prosecution of Traffickers -------------- ¶13. (SBU) Tanzania's Anti-Trafficking in Persons Act came into effect February 2009. The law covers both internal and transnational forms of trafficking. The Anti-Trafficking in Persons Act repealed the provisions of the penal code related to trafficking. The law is divided into eight parts, with sections covering issues such as Prohibition of Trafficking in Persons; Investigations and Judicial Proceedings; Rescue, Rehabilitation, Protection and Assistance to Victims; the establishment of an Anti-Trafficking Fund; and the establishment of an Anti-Trafficking in Persons Committee. Prevention, detection, detention, prosecution cnt!aruh-0QMu1JQ0;tQQ:7ISQ!Qsevere trafficking in persons offence, such as involvement in child prostitution or child DAR ES SAL 00000136 004 OF 007 pornography, upon conviction shall be liable to a fine of not less than five million shillings (approximately USD 3,800) but not more than hundred and fifty million shillings (USD 115,000) or to imprisonment for a term of not less than ten years but not more than twenty years or both. --A person acting as an intermediary for the purposes of trafficking in persons upon conviction shall be liable to a fine of not less than four million shillings (USD 3,000) but not more than one hundred and fifty million shillings (USD 115,000) or to imprisonment for a term of not less than seven years but not more than fifteen years or both. --A person who buys or engages the services of trafficked person for prostitution commits an offence and shall on conviction be liable to a fine of not less than one million shillings (USD 800) but not more than thirty million shillings (USD 23,000) or to imprisonment for a term of not less than twelve months but not more that seven years or both. --Other penalties, which vary depending on the circumstances, include payment of compensation to the victims and confiscation and forfeiture of the property and instruments derived from trafficking in persons. The complete law can be viewed from the GOT website as a pdf file at the following link: http://www.parliament.go.tz/Polis/PAMS/Docs/6 -2008.pdf ¶15. (SBU) In November 2009, Parliament passed the Child Act, which prohibits the employment of a child in any form of exploitative labor. The Act defines exploitative labor as that which threatens the health and development of children, exceeds six hours per day, fails to provide adequate compensation, or is inappropriate given the child's age. The Act also prohibits forced child labor, the participation of children in hazardous work, and the sexual exploitation of children. Further, it specifies that these provisions relate both to the formal and the informal sectors. The Act authorizes Labor Officers to make inquiries into suspected violations, requiring them to report violations to the police as well as the Department of Social Welfare. The role of Social Welfare Officers in protecting children is also outlined in the Act. The Act does not specify fines for violations related to exploitative labor, hazardous work, or forced labor; however, persons who force children into prostitution or to engage in pornography are subject to a fine between one and five million shillings (between USD 750 and 3,750) and/or one to 20 years in prison. Further the Act specifies that children who are victims of trafficking as defined by the Anti-Trafficking Act are in need of care and protection. ¶16. (SBU) The penalty for rape is thirty years to life in prison and a fine of unspecified amount, as well as payment of compensation to the victim as determined by the court. ¶17. (SBU) During the year, the GOT investigated cases of trafficking; however, there were no prosecutions under the Anti-Trafficking Act. The Director of Public Prosecution reports that there were several cases under investigation, including that of two Kenyan children trafficked to Tarime District. On December 13, police in the Tarime District (near Lake Victoria) arrested a man for abducting two children, ages four and eight, from Isebania, Kenya and attempting to sell them at a mining site in the Nyamongo area. In March 2009, a Rwandan woman who had attempted to traffic a Tanzanian child to France was convicted under the penal code by authorities in Mlandizi and paid a fine of Tanzanian shillings 300, 000 (USD 220). Although the woman was sentenced after the Anti- Trafficking Act came into effect, she was tried under the penal code due to the timing of the offense and hearing. No DAR ES SAL 00000136 005 OF 007 information is available regarding suspended sentences or plea bargains. ¶18. (SBU) During the year, new law enforcement and immigration officials were trained on trafficking in persons as part of their introductory coursework. In addition, copies of the Anti-Trafficking Act were provided to police officials around the country. ¶19. (SBU) The GOT cooperated with other governments in the investigation and prosecution of crimes. However, there were no specific instances involving trafficking. The DPP was aware of one trafficking case involving Tanzanians in the United Kingdom, but Tanzania had not received a request for assistance. There were no extradition cases related to trafficking. ¶20. (SBU) The Tanzanian People's Defense Forces is rigorous in its scrutiny of soldiers who commit any type of crime. There were no known cases of trafficking involving Tanzanian soldiers. ¶21. (SBU) The concept of sex tourism is new to Tanzania and it is not perceived as a major problem. An NGO is currently researching the issue to determine the nature and extent of child sex tourism in Tanzania. Post will forward this report when it becomes available. Protection and Assistance to Victims -------------- ¶22. (SBU) Community Development and Social Welfare Officers actively worked to identify victims of trafficking. They provided material support (e.g., food and books),counseling, and assistance with family reunification or placement with an NGO. It is difficult to place a monetary value on the GOT's contribution, because help from the government was sporadic and there was no national tracking mechanism for trafficked victims. The relevant ministries have no dedicated budgets for trafficking efforts. Although the new Anti-Trafficking Act provides for the creation of a fund to support victims' assistance, this fund had yet to be established. ¶23. (SBU) The government continued to rely on the NGO community to provide both long- and short-term shelter and care for victims of trafficking. Most facilities were geared toward children and typically provided free education, medical treatment, psychological care, and legal services. When possible, NGOs tried to assist with family reunification. Many NGOs also offered technical training to give victims a skill as a preventative measure against repeated exploitation. In some instances, the NGOs conducted home visits once a child was reunited with the family. ¶24. (SBU) The primary groups working with victims of trafficking were IOM; ILO; KIWOHEDE, a girls shelter with facilities throughout the country; Child in the Sun, a boys shelter in Dar es Salaam; Winrock, which worked in farming communities in several regions of the country; and Good Hope Project, a program focused in the tanzanite mining areas. DogoDogo, a new organization, worked with street children, while Faraja Vocational Training Center in Arusha provided emergency and mid- to long-term assistance to female trafficking victims. Sisters of the Immaculate Heart of Mary offered medical services to young trafficking victims. Mkombozi assisted victims in Arusha and Moshi and the Daughters of Mary Immaculate worked with girls in Dar es Salaam. All NGOs coordinated closely with the GOT and international organizations. ¶25. (SBU) Foreign trafficking victims have access to NGO facilities, but are usually treated by the government as illegal immigrants and housed in prisons until arrangements DAR ES SAL 00000136 006 OF 007 can be made for their deportation. The new anti-TIP law calls for the GOT to assist trans-border trafficked victims with care and repatriation, but there were no funds available for such assistance. The law also provides for the provision of assistance to Tanzanians who are victims of trafficking abroad and are repatriated, but limited financial resources affected the GOT's ability to provide such help. ¶26. (SBU) There was no institutionalized referral system for trafficking victims. However, in 2009, IOM helped establish a referral mechanism and trained authorities on its use during the year. In addition, IOM printed calendars which provided a definition of trafficking and a list of organizations and ministries providing support to trafficking victims. This resource was distributed to police and immigration officials throughout the country as a reference. ¶27. (SBU) There is no comprehensive data detailing the number of trafficking victims assisted in the reporting period. During the year, IOM worked with eight NGOs to collect data on trafficking victims. Between September 2005 and October 2009, IOM and its NGO partners assisted 314 victims; during 2009, 96 victims were provided with counseling, medical screenings, and educational opportunities at IOM partner organizations. ¶28. (SBU) Immigration and law enforcement officials as well as Social Welfare Officers have in the past received TIP training and have been provided copies of both the law and a protocol for identifying and assisting victims. However, there is no formal system in place for identifying and assisting victims. Social Welfare and Community Development Officers actively worked to identify trafficking victims. Both Community Development Officers and Social Welfare Officers played an important role in raising awareness about trafficking and offering support to victims. ¶29. (SBU) The rights of victims are generally respected. However, as previously noted, foreign victims are usually treated by the government as illegal immigrants and housed in prisons until arrangements can be made for their deportation. ¶30. (SBU) No information is available about the involvement of victims in the investigation and prosecution of cases. ¶31. (SBU) During 2009, IOM trained authorities, including police and Social Welfare Officers, as well as NGOs in Arusha on victims' assistance and referral processes. In addition, IOM held four on-the-job training sessions for Social Welfare Officers to improve project planning, monitoring and evaluation, leadership, and management skills. In December 2009, IOM signed an MOU with the Ministry of Health and Social Welfare to build the capacity of the Department of Social Welfare to assist victims of trafficking. Prevention -------------- ¶32. (SBU) Social Welfare and Community Development Officers throughout the country worked to raise awareness about trafficking during the year. In addition, IOM funded a participatory theatre show called "Pambazuko" ("Awakening") that spotlighted the issue of trafficking. From July to October, more than 40,000 people attended the over one hundred shows held in the eight regions and 25 districts with the highest incidence of trafficking. ¶33. (SBU) In coordination with IOM, in 2006 the government established a coordinating committee on trafficking in persons, chaired by the Ministry of Foreign Affairs (see paragraph 9). In December 2009, responsibility for this committee was transferred to the Ministry of Health and Social Welfare. Although the Anti-Trafficking Act called for a national plan of action on trafficking in persons, the plan DAR ES SAL 00000136 007 OF 007 had not been drafted. ¶34. (SBU) Commercial sex work is illegal in Tanzania. Other than law enforcement efforts, the GOT is not implementing programs to reduce commercial sex work. NGOs offer counseling as well as alternative vocational training to commercial sex workers. However, NGOs assisting commercial sex workers were at times concerned about being accused of facilitating prostitution. ¶35. (SBU) The concept of child sex tourism is new to Tanzania and it is not well understood. An NGO is currently conducting a study which will help define the problem. The results of this study will likely inform the government's response. During the year, any activities to assist victims or prevent sex tourism fell under other initiatives such as child labor or trafficking. ¶36. (SBU) The laws of Tanzania state that no child under 18 may crew on a ship or be employed in a mine, factory, or any other worksite where working conditions may be hazardous, to include military service. All soldiers are required to complete a module on the respect of human rights and anti- trafficking activities as a part of their basic curriculum. Troops received additional human rights training, including sessions on gender and womenQs rights, the protection of civilians, and international humanitarian law, before their deployment to international peacekeeping missions. Partnerships -------------- ¶37. (SBU) The GOT actively engages with other governments and multilateral organizations on TIP issues. It includes donor representatives and international organizations in its coordinating committee and enjoys a very strong relationship with IOM. Both IOM and UNICEF are working to strengthen the capacity of the Department of Social Welfare, which will help GOT improve its ability to provide assistance to trafficking victims. ¶38. (SBU) The GOT does not provide assistance to other countries to address TIP. ¶39. (U) Embassy personnel spent 28 hours in the preparation of this cable, as follows: Political Assistant, 10 hours; Political Officer, 15 hours; Political Chief, 2 hours; Deputy Chief of Mission, 1 hour. ¶39. (U) The point of contact for Trafficking in Persons at post is Stephanie Hutchison (email: hutchisonsj@state.gov; tel: 255-22-2668001; fax: 255-22-2668296). LENHARDT