US embassy cable - 05KINSHASA88

UNCLAS SECTION 01 OF 05 KINSHASA 000088 
 
SIPDIS 
 
SENSITIVE 
 
DEPT PLEASE PASS TO JUSTICE, HOMELAND SECURITY, DEPT OF 
LABOR, DEPT OF TREASURY 
 
PARIS PLEASE PASS TO AFRICA WATCHER 
 
FROM BRAZZAVILLE EMBASSY OFFICE 
 
DEPT FOR G/TIP, AF/C - C. BARGERON, AF/RSA, INL, DRL, 
PRM, IWI 
 
E.O.12958: N/A 
TAGS: KCRM, PHUM, KWMN, SMIG, KFRD, ASEC, PREF, ELAB, CF 
SUBJECT: CONGO/B:  TRAFFICKING IN PERSONS REPORT 
 
 
Ref: A) 2004 State 273089 B) 2004 Kinshasa 1615 
 
 
1. Sensitive but unclassified - entire text. 
 
 
2. Embassy Brazzaville submits the following 
Trafficking in Persons (TIP) report.  Responses are 
keyed to the questions in Ref A. 
 
Republic of Congo (Congo/B) 
 
Overview of activities to eliminate trafficking in 
persons: 
 
A. Congo/B is not believed to be an origination or 
destination country for trafficking in persons (TIP). 
There is no evidence that the government is complicit 
or intentionally allowing TIP.  There is evidence, 
however, that west-African residents, mostly from Togo 
and Benin, do bring "minors" who they claim and can 
show documentation for as family relatives.  There are 
no statistics or proof that the minors are trafficked. 
There is also no evidence of trafficking in men or 
women (Ref B). 
 
B. As stated in point A, there is no evidence or proof 
that children, men or women are trafficked.  More 
investigation needs to be done to determine the status 
of "minor relatives" documented from Benin and Togo. 
 
C. No, there has not been any change of direction since 
past two month investigative efforts by the Mission in 
August 2004 (Ref B) and information gleaned from NGOs. 
 
D. With resources from Mission's DHFR, a local NGO, 
Association Panafricain Thomas Sankara (APTS) is 
undertaking a survey on this issue.  There was no 
survey conducted last year.  Since Congo-Brazzaville is 
a post-conflict country coming out of six years of 
civil conflict where the infrastructure was destroyed, 
there are no government archives or reports on this 
issue. 
 
E. We will need to see the results of APTS's survey to 
determine the status of the "minor relatives" 
documented here from Benin and Togo.  Several NGOs, 
such as Obsevatoire Congolese des Droits de l'Homme 
(OCDH), Aide l'Enfance, and APTS reported that Beninese 
and Togolese documented children between 14-16 years 
old work in the markets in Brazzaville and Pointe 
Noire.  They are here as "family members" of resident 
Beninese and Togolese immigrants. 
 
F. Congo/B is not a country of origin.  There has never 
been any evidence, even anecdotal, of Congo/B being a 
country of origin. 
 
G. Despite its post-conflict status, the government is 
making a good effort to follow this issue.  The 
Ministry of Foreign Affairs has engaged the Ministry of 
Security to ensure that they view documentation with 
this in mind.  In addition, the Ministries of Social 
Affairs and of Labor are devoting resources and 
attention to this issue.  In 2003 the Ministry of 
Social Affairs participated with APTS in workshops and 
seminars on trafficking in children.  In addition, in 
November 2004 the Ministry of Labor along with the 
Office for Reinsertion of Ex-Combatants, launched a 
program to assist with training and socialization of 
child soldiers using USG funds provide to the 
International Labor Organization (ILO).   Overall 
Congo/B supports anti-trafficking and other anti-crime 
measures as it can, given its limited resources as a 
post-conflict country. 
 
H. There is no evidence that, as a matter of government 
policy, trafficking is condoned or facilitated. 
 
I. Congo/B is a post-conflict country in the process of 
rebuilding, and resources for most governmental 
activities, such as the police and the judicial system, 
are insufficient to address general needs.  No 
resources are reserved specifically to combat 
trafficking in persons.  However, key government 
Ministries, when provided with resources, have been 
responsive in flagging the importance of this issue. 
In 2004, Congo/B made an effort to improve immigration 
and border controls, but overall border control outside 
the main cities of Brazzaville and Pointe Noire remains 
inadequate.  Overall corruption remains a problem, but 
the government inaugurated an anti-corruption office in 
2004 in order to address this issue, and has held 
several anti-corruption workshops in partnership with 
donors, including the USG.  The government lacks 
resources to aid victims, but some NGOs, such as APTS 
and the Center to Combat the Violence Against Women and 
Children (CCVAWC), provide limited assistance as part 
of a wider mission. 
 
J. The Ministries of Security, Social Affairs, and 
Labor as well as the Chief of the Gendarmes are 
responsible for monitoring these issues, but they lack 
the resources to devote exclusively to anti- 
trafficking.  The local NGO community will be the best 
venues to collect statistics.  The pending DHRF funded 
survey by APTS should help address some of these 
issues. 
 
K. All prostitution and related activities are illegal 
throughout Congo/B. 
 
PREVENTION 
 
A. Government recognizes the importance of the issue, 
and at least three Ministries - Security, Labor and 
Social Affairs - are responsible for following 
trafficking issues, as is the Gendarmerie. 
 
B. The Ministries of Security, Social Affairs, Labor, 
as well as the Gendarmerie are involved in following 
the country's anti-trafficking efforts. 
 
C. To date there has not been any government run 
information campaigns, primarily as a result of lack of 
resources. 
 
D. Yes, the Ministry of Social Affairs as a matter of 
policy supports efforts by NGOs to address this issue, 
but given that Congo/B is a post-conflict country, 
there are no direct government resources that can be 
provided to the NGOs. 
 
E. No, due to lack of resources.  However, government 
policy supports efforts by NGOs. 
 
F. There is a good relationship among the government, 
NGOs, and others focused on this issue. 
 
G. Outside of the major cities of Brazzaville and 
Pointe Noire, the government does not adequately 
monitor its borders.  The Chief of the Gendarmerie 
stated that the government wants to improve in this 
area, but given the country's post-conflict status 
there are not enough available resources for specific, 
ongoing monitoring of trafficking or verification of 
documentation. 
 
H. The government does not have a specific anti- 
trafficking task force. The Ministry of Plan is tasked 
with coordinating efforts involving multiple government 
Ministries.  The Anti-Corruption Office, which reports 
to the Office of the Presidency, coordinates government- 
wide anti-corruption efforts. 
 
I. The government is working with ILO on child soldier 
issues, mostly as regards to reintegrating those 
involved in the 1997 - 2001 civil conflicts.  In 
addition, there are programs with UNICEF focused on 
street children who mostly come over to Congo/B 
voluntarily from the Democratic Republic of Congo (DRC) 
on the daily ferry.  The street children from DRC are 
not trafficked - they seek refuge in Congo/B from the 
pressures of life in DRC. 
 
J. The government has no national action plan to combat 
trafficking in persons.  However, it has assigned the 
Ministry of Social Affairs to coordinate efforts in 
this area. 
K. The Ministries of Social Affairs, Labor, Security 
and Gendarmerie follow this issue, but there is no 
mandate to develop an action plan.  However, if the 
government was presented with evidence of the issue, 
they would likely support suggestions to develop a 
plan. 
 
INVESTIGATION AND PROSECUTION OF TRAFFICKERS 
 
A. There is no law specifically prohibiting trafficking 
as a separate criminal offense. However, activities 
associated with trafficking can be prosecuted under 
existing criminal code provisions on rape, illegal 
entry, forced labor, child abuse, extortion and fraud. 
There are specific laws against slavery and 
prostitution.  However, the laws indicated above, 
according to one NGO, APTS, do not cover the full scope 
of trafficking.  When APTS submits its survey and 
report to the government, one recommendation will be 
for the government to promulgate laws specifically to 
criminalize trafficking.  At present, the laws cited 
above would cover many of the offenses under 
trafficking, but not all. 
 
B. As indicated above, trafficking is not a separate 
criminal offense. 
 
C. The penalty for rape is long-term imprisonment.  As 
noted earlier, trafficking is not a separate criminal 
offense, but there are laws for rape and forcible 
sexual assault under which perpetrators can be 
prosecuted. 
 
D. The government has never prosecuted a case against 
traffickers since this is no specific trafficking law, 
and to date on one here has been accused of 
trafficking.  No statistics are available on 
trafficking crimes, because many archives were 
destroyed during the war and also because trafficking 
is not a distinct offense in the current criminal code. 
In general, statistics on crime are unreliable, as many 
were destroyed during the war.  Current records are 
poorly maintained due to lack of funding, staffing and 
resources. 
 
E. There is no evidence of involvement of Congo/B 
government officials.  It is also not believed that 
trafficking profits, if any, are being channeled to the 
Republic of Congo.  As stated in the overview, there is 
evidence that documented minor children 14-16 are 
brought to Congo by "relatives" mostly from Benin and 
Togo, but also from Mali and Senegal.  Mission has 
funded a survey to determine better information on the 
documented "minor relatives." 
 
F. The government does not actively investigate 
trafficking cases, due to the lack of a specific anti- 
trafficking law.  To the extent that resources are 
available, it could investigate other crimes associated 
with trafficking, for which criminal laws exist, as 
described in paragraph A (Investigation and 
Prosecution) above if a person were to be found 
trafficking. 
 
G. No special training in trafficking issues is 
provided by the government-to-government officials. 
However, the government would be open to such training. 
 
H. No, the government does not currently have a 
cooperative agreement with other governments on 
investigations and prosecutions of trafficking. 
However, there is a cooperative relationship between 
the DRC and Congo/B Ministries on child soldiers as 
part of USG funds to ILO to address this issue.  In 
addition, as a member of two Central African Regional 
bodies - CEEAC and CEMAC - there is a focus on 
protection of citizens including women and children. 
Under CEMAC there is a specific overall extradition 
agreement being drafted. 
 
I. As far as Post can determine there is no record of 
any extradition of anyone charged with trafficking 
since to date there is no evidence or record of 
trafficking, or any pending extradition request.  Laws 
exist that could be used to extradite traffickers. 
Congo/B and other members of CEMAC, the Association of 
Central African States, recently worked on extradition 
treaties among member states.  Therefore any CEMAC 
national (Gabon, Chad, CAR, Equatorial Guinea, ROC and 
Cameroon) arrested on trafficking-in-persons charges 
could be extradited under these new agreements once 
they are in force.  An stated in point A, there are 
other laws under which the traffickers can be 
prosecuted. 
 
J. No evidence exists of government involvement in or 
tolerance of trafficking on a local or institutional 
level. 
 
K. Government officials are not known to be involved in 
trafficking. 
 
L. Congo/B does not have a child-sex tourism problem. 
 
M. The Republic of Congo signed Convention 182 on 23 
August 2002; Convention 29 on 10 November 1960; 
Convention 105 on 26 November 1999. Congo/B acceded to 
the optional protocol to the Convention of the rights 
of the child on the sale of children, child 
prostitution and child pornography on 14 October 1993, 
but has not yet ratified it. Also Congo/B signed the 
protocol to prevent, suppress and punish trafficking in 
persons supplementing the UN Convention against 
transnational organized crime on 14 December 2000, but 
has not yet ratified.  In 2004 they acceded to the UN 
Convention against Inhuman Treatment and the ICC. 
 
PROTECTION AND ASSISTANCE TO VICTIMS: 
 
A. The government does not provide social assistance to 
trafficking victims.  Some NGOs, such as the CCVAWC, 
provide assistance as part of a larger mission.  The 
country has no care or health facilities specifically 
for trafficking victims.  CCVAWC offers HIV/AIDS 
testing. 
 
B. No. Victims of trafficking if found in the country, 
receive no special government help, except through NGOs 
such as the CCVAWC. 
 
C. CCVAWC is contacted by or contacts law enforcement 
officials when abuse cases are presented to them. 
These abuse cases to date have not been related to 
trafficking.  They are connected mostly to spousal 
abuse. 
 
D.  For abuse cases noted in C above, victims generally 
are not treated as criminals.  NGOs such as APTS, 
CCVAWC, and International Rescue Committee (IRC), work 
to ensure the rights of these victims' are protected. 
 
E. The government does not actively encourage victims 
to participate in investigations or prosecution because 
these cases have not yet presented themselves as an 
issue here.  In addition, as stated above, there is no 
law specifically against trafficking.  If victims of 
trafficking were present, they can file civil suits if 
they have the resources to do so.  They also can file 
criminal complaints under other provisions of Congolese 
law.  There is no victims restitution program.  There 
is no information whether victims are able to obtain 
other employment or leave the country since there is no 
factual evidence to date that trafficking is an issue. 
 
F. Given the post-conflict status and lack of 
resources, the Congo/B government is not able to 
provide assistance to abuse victims or fund shelters. 
However, NGOs such as CCVAWC does assist abused women 
and their children and provide training. 
G. The government does not have the resources to 
provide training, but would be open to such training. 
H. As far as Post can determine the government has no 
plans to address the needs of victims because 
trafficking has not been identified here as an issue, 
including medical aid, shelter or financial help. 
There have not been reports, factual or anecdotal, 
which indicated that a ROC national has ever been the 
victim of trafficking or repatriated for such. 
 
I.  Several local NGOs, APTS, OCDH and CCVAWC, have, as 
part of the mission, a focus on trafficking. APTS is 
conducting the first Congolese study of trafficking in 
persons, and CCVAWC tries to provide HIV/AIDS testing, 
psychological assistance, and provide training in 
income-generating activities for abused women (mostly 
spousal abuse) and children.  However, thus far, there 
is no evidence that the abused women or children are 
connected with trafficking.  In order to maintain its 
independence as a Human Rights organization, APTS 
receives no assistance from the government, but the 
government dose not impede or oppose its work, nor does 
it impede the work of CCVAWC or OCDH.  CCVAWC works 
closely with law enforcement in the cases of abused 
women (spousal abuse) and children.  The pending survey 
by APTS on trafficking will be presented to the 
government.  The survey is expected to be completed in 
2005. 
 
 
3. Brazzaville Embassy Office - Sanders 
 
MEECE