US embassy cable - 05MASERU400

UNCLAS SECTION 01 OF 02 MASERU 000400 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PHUM, PGOV, KCRM, LT 
SUBJECT: LESOTHO LACKS RESOURCES TO COMBAT HUMAN TRAFFICKING 
 
 
MASERU 00000400  001.2 OF 002 
 
 
1.  SUMMARY.  Human Trafficking in Lesotho is not as high 
profile as it is in other countries and the problem appears to 
be relatively small in comparison to the situation in some other 
countries in the region. There is a concern among some Basotho, 
however, particularly those who work with women and children, 
that trafficking is going unreported and unnoticed.  The police 
force that handles trafficking incidents receives very few 
reports.  It is unclear whether this is entirely because of a 
small number of cases, or whether some trafficking is going 
undetected.   Regardless,  Lesotho lacks the resources and 
knowledge  to combat trafficking.  Law enforcement is stretched, 
border patrols are inadequate, and the country has high 
unemployment -- factors that make the country susceptible to 
trafficking.   Most importantly, Lesotho lacks the appropriate 
laws to counter human trafficking.   To help prevent trafficking 
from becoming a major problem, several steps should be taken. 
One effective measure, according to those in the field, is to 
get legislation in place that would deal with this issue. 
Concurrently, there needs to be an awareness campaign to educate 
Basotho, particularly women and children, on trafficking.  Post 
has requested funding through Economic Support Funds (ESF) to 
assist in programs to increase awareness of trafficking.  END 
SUMMARY. 
--------------------------------------------- ----------------- 
FEW CASES REPORTED AND PROSECUTED 
--------------------------------------------- ------------------ 
2.   The Lesotho Mounted Police Service - Child and Gender 
Protection Unit (CGPU) is the agency tasked with collecting data 
on trafficking and processing reports.  Yet there are very few 
cases that are reported to the police involving trafficking.  In 
three years, only two possible cases have been reported and 
investigated.  In 2002, five Basotho girls were recruited for 
baby-sitting jobs in London by a group of Nigerians.  Two of the 
women, who actually made it to London, reported that when they 
arrived their passports were taken away.  The two women also 
reported that they were treated poorly and never paid.  They 
managed to flee and return to Lesotho.  The other three women 
never actually made it to London.  A Senior Inspector of the 
CGPU reported that the men involved in this case were never 
found.  In a second case, in 2003, one Basotho man abducted a 
South African boy to work in Lesotho as a herd boy for no pay. 
When a third party reported this case, the man was charged with 
kidnapping because there was no law against trafficking.  When 
offered the option to serve jail time or pay a fine a common 
provision for punishment for many crimes in Lesotho, he opted 
for the latter. 
------------------------------- 
LACK OF RESOURCES 
------------------------------- 
3. Law enforcement is stretched too thin in Lesotho.  The CGPU 
lacks adequate training and resources and no specific budget is 
allocated to this unit.  The government does not currently 
provide any specialized training for border police in how to 
recognize, investigate, or prosecute instances of trafficking. 
Furthermore, there is little collaboration among agencies on 
trafficking (i.e. police, prosecutors, the Ministry of Justice). 
 
--------------------------------------------- --- 
OPPORTUNITY FOR TRAFFICKING 
--------------------------------------------- --- 
4.  Lesotho is a country vulnerable to trafficking for two main 
reasons: high unemployment and lax border patrol.  Currently the 
rate of unemployment is at least 35%, which prompts many Basotho 
to search for jobs in neighboring South Africa.  Trafficking 
into South Africa could be particularly easy because some of the 
borders are open for 24 hours, and night border patrol is 
especially slack.  Lesotho is completely surrounded by South 
Africa; borders are porous and vulnerable to illegal crossings. 
--------------------------------- 
LACK OF LEGISLATION 
--------------------------------- 
5.   Currently, there is no in Lesotho that directly addresses 
the problem of exploitative migration.  The Child Protection and 
Welfare Bill is to be reviewed by parliament this year, but this 
legislation, as indicated by its name, only protects children 
(age 18 and under).  The bill, if enacted and implemented, would 
provide a legal framework for addressing trafficking of children 
for exploitation.  However, there is no legislation in draft or 
in place that would protect women against trafficking. 
Furthermore, there is also the problem of defining human 
trafficking in law.  For example, many Basotho women migrate to 
South Africa voluntarily with the promise of getting good jobs. 
Traffickers could easily deceive women with promises of good 
jobs and normal wages and gain consent of their victims. 
Enacting legislation is important because Basotho would then be 
assured that trafficking is a crime punishable under the law, 
thereby providing the opportunity for increased reporting and 
punishment commensurate with the crime. 
 
---------------------------------------- 
LACK OF CULTURE OF LAW 
---------------------------------------- 
6.  There is concern among some, for example, Lesotho Children's 
Counseling Unit (LCCU), an NGO that deals with orphaned and 
vulnerable children, that even with legislation in place to 
 
MASERU 00000400  002.2 OF 002 
 
 
prosecute traffickers, reporting of trafficking will not 
necessarily increase.  Observers at Habitat for Humanity, point 
to the lack of culture of law in Lesotho.  Historically, and 
even today, people bring their problems and disputes to the 
local chief.  Unfortunately, trafficking is a problem that 
chiefs cannot tackle without government regulation and civil 
law.  Yet, while there may be laws on the books, many Basotho 
are not yet "rights conscious." Moreover, victims of 
trafficking, usually women and children, are less likely to be 
aware that the actions of traffickers are illegal and should be 
reported.  As in many countries, women and children may be too 
ashamed or too frightened to report the incident, and even if 
reported, their cases are seldom taken seriously. 
------------------------------------ 
AWARENESS CAMPAIGN 
------------------------------------ 
7.   An important first step to address this problem, in the 
opinion of many, including this post, is an awareness campaign. 
Basotho, especially women and children, need to be educated on 
their rights.  The GOL and NGOs should make a concerted effort 
to disseminate information that outlines the seriousness of 
human trafficking.  If more Basotho were educated to the effect 
that trafficking is a crime, which may be punishable under the 
law, maybe more cases would be reported.  While there is 
currently no government-funded awareness campaign, there has 
been action coming from civil society.  Last month, the Law 
Reform Commission held workshops to educate parliamentarians on 
the Child Protection and Welfare Bill and why it needs to be 
passed.  The Commission also held a seminar with local NGOs in 
an effort to inform the community in Sesotho of the Bill.  The 
coordinator for Women in Law in Southern Africa (WLSA), argues 
that violence against women is a key human rights issue, and 
therefore there needs to be a national campaign to educate women 
of this country about their rights. 
 
8.  Post has advocated for an awareness campaign and has applied 
for two Economic Support Funds (ESF) grants.  One proposal, 
entitled Public Awareness and Capacity Building for Lesotho 
Stakeholders, Civil Society and NGOs on Trafficking in Persons, 
would produce campaign products and target vulnerable segments 
of society.  The objective is to expose Basotho to international 
perspectives on trafficking, in terms of rule of law, 
legislation, border protection, prevention, prosecution, and 
victim protection.  The program would include public outreach 
via the media and trained community liaisons into the villages, 
mountains and urban settlements to inform and educate on 
combating trafficking in Lesotho.  Post was also included in an 
application by Embassy Pretoria for an ESF grant to sponsor an 
outreach program that would involve several Southern African 
countries, in recognition that fighting trafficking needs to be 
a collaborative effort among countries.  The objective would be 
to expose citizens of Lesotho, Swaziland, Botswana, and South 
Africa to a U.S. perspective on combating trafficking, and to 
help develop a dialogue among these countries regarding this 
issue. 
---------------- 
COMMENT 
---------------- 
9.  Due to a lack of resources and awareness in the country, it 
is very difficult to conclusively describe the magnitude of the 
problem of  human trafficking in Lesotho.  Post believes that 
the problem is relatively small.   However, it is evident that 
Lesotho lacks the awareness and resources to combat trafficking, 
or to prevent the possibility of it becoming a serious problem 
in the future.  It is important that the Child Protection and 
Welfare Bill be passed, but there also needs to be legislation 
to protect women against trafficking.  Post will continue its 
efforts to encourage passage of such laws.  Increasing public 
awareness of trafficking is also essential, hence post's pending 
requests to assist in such efforts. 
 
 
 
This cable was drafted by State Department Intern Jennifer 
Norris. 
 
 
 
 
 
 
 
ALBRECHT