US embassy cable - 05KINSHASA352

UNCLAS SECTION 01 OF 05 KINSHASA 000352 
 
SIPDIS 
 
SENSITIVE 
 
DEPT FOR G/TIP, G, INL, DRL, PRM, IWI, AF/RSA 
 
E.O. 12958: N/A 
TAGS: KCRM, PHUM, KWMN, EAID, SMIG, KFRD, ASEC, PREF, ELAB, CG 
SUBJECT: DEM. REP. OF CONGO 2005 TRAFFICKING IN PERSONS 
REPORT 
 
REF: 04 STATE 273089 
 
1. (SBU) Embassy Kinshasa provides the following information 
in accordance with instructions in reftel.  Responses are 
keyed to reftel's numbered paragraphs (18-21). 
 
Begin responses: 
 
OVERVIEW OF COUNTRY'S ACTIVITIES TO ELIMINATE TRAFFICKING IN 
PERSONS (para 18): 
 
A. The DRC is not generally a country of origin, transit or 
destination for international trafficked men, women or 
children. The vast majority of internal trafficking occurs in 
northeastern and eastern Congo, which are mostly outside 
effective transitional government control. The four major 
categories of trafficked persons in DRC are: (1) children 
associated with armed groups; (2) women and girls who are 
abducted and forced to work as domestic servants and/ or 
provide sexual services for armed group members; (3) 
civilians who are forced to provide uncompensated labor for 
armed groups and the Congolese military (FARDC); (4) child 
prostitutes under the age of 18. The government estimates 
that there are about 30,000 children associated with armed 
groups in the DRC. There are no reliable estimates for other 
categories of trafficked persons. Most civilians abducted by 
armed groups or forced to provide labor live in remote areas 
in eastern DRC outside transitional government control and go 
unreported. As for underage prostitution, which occurs 
throughout the DRC, the clandestine nature of this activity 
combined with an ineffective police and justice system make 
the phenomenon difficult to quantify. During the past year, a 
number of personnel from the UN peacekeeping mission to the 
Congo, known by its French acronym MONUC, have been accused 
of sexually exploiting and/or raping women and girls. As of 
the end of 2004, 150 cases of sexual misconduct were pending. 
To combat this serious problem, MONUC has established a 
curfew for military personnel and a "zero-tolerance"policy 
for sexual relationships between MONUC military staff and 
Congolese residents. It has also repatriated a number of 
civilian and military staff, and is conducting investigations 
into numerous allegations of sexual exploitation. The UN 
Department of Peacekeeping Operations (DPKO) has also 
organized a task force at UN Headquarters to take other 
steps, including the forceful promulgation of the UN 
Standards of Conduct for peacekeepers. 
 
B.  The vast majority of trafficking occurs internally within 
the DRC. Credible sources, however, reported that an unknown 
number of Congolese children were recruited out of refugee 
camps in Rwanda to support ex-RCD/G combatants led by former 
commanders such as General Nkunda and Colonel Mutebusi. There 
were also unconfirmed reports that some children recruited in 
the DRC by these commanders were sent to Rwanda for training. 
MONUC also received several allegations that the governments 
of Uganda and Rwanda aided and abetted Ituri commanders to 
recruit and train children associated with armed groups. 
 
C.  Although the demobilization of children associated with 
armed groups accelerated dramatically, limited recruitment 
continued. For example, the UN Secretary General's February 
2005 report on children and armed conflict found that about 
5,000 children have been released from the Congolese military 
and armed groups since October 2003. Experts estimate that in 
the four years prior to that, only 2,000 were released.  At 
the same time, however, armed groups pursued recruitment 
targets and forcibly recruited and re-recruited previously 
demobilized child soldiers. For example, in June 2004, 
ex-RCD/G combatants led by former commanders such as General 
Nkunda and Colonel Mutebusi recruited children in North and 
South Kivu. 
 
Reliable estimates for other forms of trafficking do not 
exist, but human rights organizations believe that government 
efforts to investigate forced labor camps in Ituri and 
prosecute rape cases in South Kivu have started to battle the 
general climate of impunity and reduce trafficking by armed 
groups. 
 
D. The national disarmament, demobilization and reintegration 
(DDR) process, which is funded principally by the World Bank 
and is being carried out through various international NGOs, 
should eventually produce more reliable figures on the actual 
numbers of children associated with armed groups as well as 
so-called "dependents," which often include women abducted by 
various armed groups. There are no other known surveys 
planned to specifically document trafficking. 
E. Most trafficking victims are recruited or abducted by 
armed groups operating in eastern DRC. In general, these 
victims are kept in squalid conditions, and are threatened 
with violence and death if they fail to follow orders or 
attempt to escape. Abducted women remain with their captors 
for several reasons including food and protection, children 
born of the liaisons, and social dishonor if they were return 
to their houses. Many victims of assault and trafficking are 
reluctant to leave their captors for fear of rejection. For 
many such women, the line between forced and voluntary 
participation as an armed group "dependent" is blurry. 
Underage prostitutes work in brothels throughout the DRC. 
There is no evidence that trafficked persons are forced to 
work in sweatshops, restaurants or other established 
businesses. 
 
F. Children and women are the primary trafficking targets. 
There are three main groups of traffickers--armed groups, 
MONUC personnel, and pimps. Armed groups recruit child 
soldiers; abduct women for use as sex slaves or domestic 
servants; force civilians to carry goods, provide supplies 
and money, and in some cases dig for minerals or provide 
other labor. Most victims are forcibly abducted. Certain 
MONUC personnel sexually exploited children and women. Most 
victims were prostitutes, including girls between the ages of 
14 and 17 who traded sex for compensation. However, the UN is 
investigating a number of rape and child pornography 
allegations. There are also a limited numbers of pimps who 
exploit child prostitutes who often work out of economic 
necessity. As nearly all trafficking is domestic and 
committed by armed groups, obtaining travel documents--false 
or otherwise--is not necessary to move victims. 
 
G. The GDRC has demonstrated a willingness to combat the most 
common forms of trafficking, including demobilizing children 
associated with armed groups, providing personnel to help UN 
agencies draft a national plan to combat sexual violence, and 
beginning to prosecute cases of child recruitment and rape in 
eastern DRC. The Congolese military has prosecuted soldiers 
for TIP-related crimes. The GDRC still does not effectively 
control eastern parts of the DRC where most trafficking 
occurs, and has limited funds available to combat 
trafficking. As a result, the GDRC does not devote 
significant resources to trafficking-related issues. It does, 
however, cooperate very closely with international 
organizations and NGOs on related issues. 
 
H. There is no evidence of high-level government complicity 
in TIP. However, Congolese human rights NGOs are aware of 
local authorities who tolerate underage prostitution. There 
were also numerous reports that some local authorities in 
eastern DRC attempted to recruit child soldiers. While 
corruption is commonplace in DRC, there is no specific 
information on the extent to which border or police 
authorities might assist traffickers in exchange for bribes. 
Government authorities are not aware of any investigations, 
charges or convictions of such cases. 
 
I. The GDRC has very few resources to adequately address TIP 
and does not effectively control eastern parts of the country 
where most trafficking occurs. In addition, prosecuting cases 
is difficult due to the extremely poor state of the justice 
system--from police, to courts and prisons. Corruption is 
endemic throughout the DRC, but it is unclear how it affects 
trafficking. 
 
J. The government does not systematically monitor its 
anti-trafficking efforts. 
 
K. Prostitution is legal over the age of 14. Operating a 
brothel, pimping or forced prostitution is illegal, but these 
laws are rarely enforced. 
 
PREVENTION (para 19): 
 
A. The GDRC acknowledges that trafficking is a problem. 
 
B. The Ministries of Foreign Affairs, Justice, Human Rights, 
Labor, and Women and Family Affairs are involved in TIP 
efforts.  The Ministry of Interior monitors the nation's 
borders. In addition, the Ministry of Defense and the 
national demobilization commission (CONADER) are working to 
demobilize children associated with armed groups. 
 
C. CONADER is the coordinating body for efforts to demobilize 
children associated with armed groups, and is working with 
other organizations to develop a national public awareness 
campaign. 
 
D. The government collaborates with international 
organizations and NGOs to address violence against women and 
children, which can include a TIP element. 
 
E. The government supports such programs, but is not in a 
position to provide resources to execute them on its own. 
 
F. The GDRC, international organizations, NGOs and civil 
society work together very closely to demobilize and 
reintegrate children associated with armed groups and are 
starting to work more cooperatively to combat sexual based 
violence. The government and MONUC have worked together 
closely to break up known forced labor camps in Ituri. 
 
G. The GDRC does not adequately monitor its borders, 
particularly regions not yet under the control of the 
transitional government. Traditional entry/exit points such 
as airports, land border crossings and water ports are 
monitored by the Ministry of the Interior in regions 
controlled by the transitional government. Post is unaware of 
any monitoring of immigration and emigration patterns for 
evidence of trafficking. 
 
H. There is no formal coordination and communication between 
various GDRC agencies on TIP. There is a national 
Anti-Corruption Commission. 
 
I. The government coordinates and collaborates with 
international organizations and NGOs on the issue of children 
associated with armed groups. For example, the Ministry of 
Social Affairs chairs CONADER's technical steering group on 
issues related to child soldiers. The government also 
collaborates on issues of violence against women and 
children, which sometimes addresses TIP. 
 
J. With the exception of the national DDR plan, the GDRC does 
not have a national plan in place to address TIP. 
 
K. There is no single entity or person responsible for 
developing anti-trafficking programs within the government, 
though the government continues to express a desire to 
establish a TIP task force. 
 
INVESTIGATION AND PROSECUTION OF TRAFFICKERS (para 20): 
 
A. Although there is not a specific law prohibiting 
trafficking in persons, laws prohibit slavery, forced labor, 
rape, and prostitution under the age of 14. 
 
B. Penalties for labor exploitation range from six months to 
twenty years. 
 
C. Penalties for rape or forcible sexual assault range from 
six months to twenty years. 
 
D. The GDRC investigated and/or prosecuted a limited number 
of traffickers for recruiting soldiers, committing serious 
human rights abuses, operating forced labor camps, and 
committing rape during 2004. In May, the Armed Forces of the 
Democratic Republic of Congo (FARDC) arrested former 
Mundundu-40 Commander Biyoyo for unauthorized recruitment of 
soldiers, including minors. Biyoyo, however, was given a 
provisional release and was said to have fled the country. 
 
During mid-year, the Bunia Prosecutor in Ituri District, 
Orientale Province interviewed several persons in connection 
with forced labor camps near Lake Albert. The judicial team 
was able to collect 31 testimonies of victims, which 
confirmed repeated, systematic and massive human rights 
violations by Ngiti militia, including killings, mutilations, 
sexual slavery, slavery and looting over a period starting in 
April 2003. 
 
MONUC and the Government arrested members of Ituri armed 
groups accused of committing grave human rights violations 
over the past several years.  By October, over 50 were in 
government custody awaiting trial. However, in November, Hema 
prison guards helped 31 Hema prisoners from the Union of 
Congolese Patriots (UPC) armed militia group escape. 
 
Over the past year and a half, a local NGO in South Kivu won 
57 of 60 cases of sexual violence it brought to court. 
Sentences ranged between 10 months and 20 years and included 
reparations to the victims and their families.  Since 
November 2004, 10 judicial decisions were made in favor of 
the victims, eight of whom were raped by soldiers. 
The GDRC cannot provide specific information about 
trafficking cases because it does not maintain detailed court 
records. 
 
E. Armed groups in eastern DRC traffic children associated 
with armed groups, abduct women for domestic labor and sexual 
services, and compel civilians to provide forced labor. 
Family members and pimps contribute to underage prostitution. 
Certain MONUC personnel sexually exploited and/or raped women 
and girls. To combat this problem, MONUC repatriated a number 
of civilian and military staff, and implemented a 
non-fraternization policy for its staff. Most trafficking is 
conducted by individuals and armed groups. There is no 
evidence that large international organized crime syndicates, 
agencies, or marriage brokers are involved in trafficking in 
the DRC. Some Congolese NGOs report that local officials and 
police are sometimes complicit in underage prostitution. 
 
F. The government has limited resources to investigate cases 
of trafficking. DRC criminal procedure and law prevent the 
police from engaging in covert operations. 
 
G. The government does not provide any specialized training 
for government officials in how to recognize, investigate, or 
prosecute instances of trafficking. The Ministry of Foreign 
Affairs has expressed an interest in training immigration 
officers about TIP, however they do not currently possess the 
resources. 
 
H. The government cooperated with the governments of Belgium, 
France, and other European countries on illegal migration 
issues, which might have included TIP elements. There are no 
reliable records on the number of such cases. 
 
I. There are no records or known instances of the government 
extraditing persons charged with trafficking in other 
countries. 
 
J. The FARDC has made significant efforts to demobilize and 
reintegrate children associated with armed groups into their 
communities. Many former rebel groups that are marginally 
integrated into the Congolese military, however, still 
contain large numbers of children. For example, a number of 
Ituri armed group leaders who recently became generals in the 
Congolese military have large numbers (in some cases 40% of 
their forces) of child soldiers within their ranks. In 
addition, some Congolese NGOs report that local officials and 
police are sometimes complicit in underage prostitution. 
 
K. In May, the FARDC arrested former Mundundu-40 Commander 
Biyoyo for unauthorized recruitment of soldiers, including 
minors. Biyoyo, however, was given a provisional release and 
was said to have fled the country. 
 
L. The DRC does not have an identified child sex tourism 
problem. 
 
M. GDRC ratification dates of the following international 
instruments are: 
 
--ILO Convention 182 concerning the prohibition and immediate 
action for the elimination of the worst forms of child labor. 
March 28, 2001. 
 
--ILO Convention 29 and 105 on forced or compulsory labor. 
June 20, 2001. 
 
--The Optional Protocol to the Convention on the Rights of 
the Child (CRC) on the sale of children, child prostitution, 
and child pornography. March 5, 2001. 
 
--The Protocol to Prevent, Suppress and Punish Trafficking in 
Persons, especially Women and Children, supplementing the UN 
Convention Against Transnational Organized Crime.  March 5, 
2001. 
 
PROTECTION AND ASSISTANCE TO VICTIMS (para 21): 
 
A. The government works with international organizations and 
NGOs to provide reinsertion programs for demobilized 
soldiers, including children. NGOs report that they hope to 
eventually include soldiers' "dependents," which often 
includes abducted women in program benefits. The government 
has no resources to provide relief to other trafficking 
victims. 
B. The GDRC does not provide anti-trafficking funds for NGOs. 
Rather, international donors provide funding to foreign and 
domestic NGOs that provide services for women and children 
who are victims of abuse, including trafficking. 
C. There is no formal screening and referral process in place 
to transfer trafficking victims to NGOs. 
 
D. The rights of victims are generally respected. There is no 
evidence that any were detained, jailed or prosecuted. 
 
E. The government does not encourage victims to assist in the 
investigation or prosecution of trafficking. Victims may file 
civil suits or seek legal action against traffickers. The 
poor state of the justice system impedes victims' access to 
legal redress. In South Kivu, defendants found guilty of rape 
were sentenced to pay restitution to victims. 
 
F. The government has no resources to provide protection for 
victims and witnesses of trafficking. 
 
G. The government does not provide specialized 
trafficking-related training to government officials either 
within the DRC or overseas. 
 
H. The government has no resources to assist repatriated 
nationals who are victims of trafficking. 
 
I. The principal international organizations, NGOs and 
government agencies that work with child soldier reinsertion 
and violence against women and children include UNICEF, CARE, 
Save the Children UK, International Committee of the Red 
Cross, the Belgian Red Cross, the International Rescue 
Committee, International Foundation for Self-Help and 
Education, War Child Holland, and the International Labor 
Organization (funded in part by the U.S. Department of 
Labor).  The GDRC agency, CONADER, also plays a large role 
facilitating the process.  Most funding for child soldier 
reinsertion comes from the Multi-Country Demobilization and 
Reintegration Program of the World Bank. Under an interim 
demobilization plan prior to large-scale DDR across the 
country, these organizations are providing the following 
services to children associated with armed groups: 
identification and separation from adult militia members, 
discharge, relocation to temporary transition centers, family 
reunification or placement in foster homes, and identifying 
and strengthening needed services for the children in their 
new communities. 
 
TIP Heroes (para 22) 
 
A local NGO in South Kivu has been working tirelessly to end 
criminal impunity in eastern DRC by helping victims prosecute 
rapists. Over the past year and a half, AED (Action for 
Right's Education), working through a USAID-funded umbrella 
grant managed by the International Rescue Committee, has won 
57 of 60 cases of sexual violence it brought to court and 
successfully mediated 23 cases out of court. Sentences ranged 
from 10 months and 20 years and included reparations to the 
victims and their families.  Since November 2004, 10 
perpetrators have been found guilty of rape, including eight 
soldiers. In total, AED has registered 323 cases and is 
continuing to pursue these cases and new ones in court.  AED 
recently received an additional $50,000 in democracy and 
human rights funds to continue its efforts. 
 
(Note. AED's Coordinator, Bisimwa Ntakobajira has no 
derogatory information or visa ineligibilities. End note.) 
 
End responses. 
 
2. (U) Point of contact is Meghan Moore, 243-81-225-5872, IVG 
934-2620, email: MOOREMM2@STATE.GOV 
MEECE