US embassy cable - 05KINSHASA198

UNCLAS SECTION 01 OF 06 KINSHASA 000198 
 
SIPDIS 
 
SENSITIVE 
 
DEPT PLEASE PASS TO JUSTICE, HOMELAND SECURITY, DEPT OF 
LABOR, DEPT OF TREASURY AND USAID 
 
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:  UPDATED 2005 TRAFFICKING IN PERSONS 
REPORT 
 
 
Ref:  A) 2004 State 273089 B) 2004 Kinshasa 1615 C) 
Zuehlke 1/25/05 email 
 
1. Embassy Brazzaville submits the following updated 
Trafficking in Persons (TIP) report.  Responses are 
keyed to the questions in Ref A and C with very little 
change from Ref B. 
 
Republic of Congo (Congo/B) 
Overview of activities to eliminate trafficking in 
persons: 
 
A. Congo/B is not believed to be an origination 
country.  There are unconfirmed reports that it could 
be a destination country for minor children of West 
African immigrants.  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 show documentation for as 
family relatives.  At the present time, there are no 
statistics or evidence that these minors are 
trafficked.  However, a local NGO is investigating the 
issue and is preparing a survey to examine the status 
of these minor children.  The survey is scheduled to be 
finished sometime in 2005.  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 
men or women are trafficked but there are unconfirmed 
reports that "minor relatives" of West African 
immigrants may be the victims of trafficking.  More 
investigation needs to be done to determine the status 
of "minor relatives" documented from Benin and Togo.  A 
survey on this issue is being conducted by a local NGO. 
 
C. No, there has not been any change of direction in 
the past two months since the investigative efforts by 
the Mission in August 2004 (Ref B) and subsequent 
updated information since then from NGOs. 
 
D. 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, 
statistics 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 reportedly 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.  As noted in the Human Rights 
Report, there are isolated cases of child prostitution 
connected to DRC street children, but no evidence that 
this is linked to forced or organized prostitution, or 
forced child soldiers either to or within ROC. 
According to international and local NGOs, there are 
street children from the Democratic Republic of Congo 
(DRC) who reportedly are active in isolated cases of 
prostitution for economic means to buy food or other 
items, but the DRC street children are not trafficked 
to or within the ROC.  There is no evidence that any of 
these street children are from ROC. 
 
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 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 from the 1997-early 2002 conflicts using USG 
funds provided by the International Labor Organization 
(ILO).  In addition, the Commission on Ex-combatants 
along with an NGO implementing partner has trained 350 
ex-combatants in vocational trades.  Overall, the 
government's stated policy is it 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 survey by 
APTS should help address some of these issues. 
 
K. All prostitution and related activities are illegal 
throughout Congo/B.  The issue is enforced as part of 
the country's overall standard anti-crime campaign. 
 
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 responsible for 
following trafficking issues. 
 
C. To date there has not been any government run 
information campaigns, primarily as a result of lack of 
resources and that trafficking has not been identified 
yet as a problem in ROC.  The survey being conducted by 
APTS - if it demonstrates that the West African "minor 
relatives" are subjected to trafficking - will 
encourage more organization by the government on this 
issue as well as a recommendation by APTS for a anti- 
trafficking law. 
 
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 soldiers 
issues, mostly as regards to reintegrating former child 
soldiers involved in the 1997 - 2001 civil conflicts. 
In addition, there are programs with UNICEF focused on 
street children who 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 to ROC - 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, the Ministry of 
Social Affairs, Labor and Security are responsible for 
this issue and would 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, defilement, extortion 
and fraud.  There are specific laws against slavery and 
prostitution.  As a post conflict country, ROC has no 
statistics on this or any other issue.  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 or any other crimes because archives were 
destroyed (mostly burned) during the war.  Also, as 
stated earlier, trafficking is not a distinct offense 
in the current criminal code.  As a post conflict 
country, Congo continues to lack human and financial 
resources to rebuild archives from scratch. 
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.  As stated 
earlier, APTS is conducting a survey to determine 
better information on the documented "minor relatives." 
 
F. The government does not specifically 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 its 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 Labor Ministries on former child 
soldiers from the 1997-early 2002 period 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 on the 
issue.  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.  As 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 since there have not been any 
confirmed cases of trafficking to date.  For other 
abuses such as rape, etc., the Ministry of Women's 
Affairs provides assistance to victims of rape such as 
counseling and seeking assistance from NGOs.  As stated 
earlier, there are unconfirmed and anecdotal reports of 
"minor relatives" of West African immigrants who may be 
victims, but more investigation needs to be done.  One 
local NGO is conducting a survey on the status of these 
children to ensure their well being.  The report is 
expected sometime in 2005.    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 or any other victims of 
any other crime.  CCVAWC offers HIV/AIDS testing. 
 
B. No. Victims of trafficking or any other crime if 
found in the country, receive no special government 
help, except through NGOs such as the CCVAWC. 
 
C. CCVAWC is contacted by or law enforcement officials 
when abuse or rape 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. 
The authorities will contact NGOs that provide shelters 
for abuse victims.  NGOs state that there is good 
cooperation in this regard. 
 
E. The government does not actively encourage victims 
to participate in investigations or prosecution because 
trafficking 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 could file civil suits 
if they have the resources to do so.  They also could 
file criminal complaints under other provisions of 
Congolese law.  There is no victims restitution program 
for any crime.  There is no information whether victims 
of trafficking or any other crime 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 (medical, financial, 
shelter) of victims because trafficking has not 
presented itself here as a problem.  The survey by APTS 
should assist in this area.  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 their larger 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 does 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. 
 
2. Brazzaville Embassy Office - Sanders 
MEECE