US embassy cable - 05ACCRA1644

UNCLAS SECTION 01 OF 02 ACCRA 001644 
 
SIPDIS 
 
PLEASE PASS TO G/TIP, JOHN LYLE IN INL AND DAVID BUCHHOLZ 
IN LEGAL 
 
E.O. 12958: N/A 
TAGS: PREL, GH, Trafficking 
SUBJECT: GOG APPROVES ANTI-TRAFFICKING BILL 
 
1. Summary: With the July 28 passage of an anti-human 
trafficking law, the GOG is striving to overcome its 
downgrade to Tier 2 in our annual Trafficking in Persons 
(TIP) report and regain its reputation as a regional leader 
on human rights.  This legislation marks the culmination of a 
protracted effort to put some muscle into Ghana's 
anti-trafficking stance.  Hopes are that the new law will 
discourage trafficking in persons because of its stiff 
penalties -- the minimum sentence will be five years in 
prison.  End Summary. 
 
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Passage of the Law 
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2.  Parliament's action on the last day of its session 
overcame bureaucratic infighting that delayed passage of the 
bill for three years. Rivalry between the Ministries for 
Manpower, Youth and Employment (MMYE) and Women and 
Children's Affairs (MOWAC) had stalled the legislation as 
each vied to be the lead agency on TIP.  In late June, Grace 
Coleman, a sitting MP and former Deputy Finance Minister who 
has been indicted on TIP charges by a U.S. court, attempted 
to create opposition to the bill at a sensitization workshop 
for 45 Parliamentarians. Coleman argued that the bill would 
make criminals of well-intentioned Ghanaians who merely send 
their children to live with better off relatives.  As late as 
July 27, some MPs objected to the bill's provision for 
prosecuting parents who permit their children to be 
trafficked.  Yet the following day not a single MP voted 
against the bill. 
 
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The Long Road to Passage - USG Involvement Was Crucial 
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3. In concert with the Office to Monitor and Combat 
Trafficking in Persons (G/TIP), post played an important role 
in passing the bill. For months, Embassy officials pressed 
for passage in meetings with GOG leaders from President 
Kufuor to the Speaker of Parliament, the Minority Leader and 
Deputy Majority Leader, Cabinet members and other 
stakeholders. On June 3 post held a digital video conference 
to inform journalists, NGO representatives and GOG officials 
that Ghana had dropped to Tier 2 in our annual Trafficking in 
Persons (TIP) report. On July 14 the PolChief gave testimony 
in support of the bill and suggested minor amendments on 
behalf of G/TIP before Parliament's Committee on Gender and 
Children. G/TIP's input influenced the Committee to restrict 
the legislation's scope to TIP involving  coercion and 
exploitation, and to exclude people-smuggling, an act in 
which the smugglees are willing participants. An Embassy 
presence in Parliament throughout its readings made clear the 
USG's interest in its passage. 
 
4. The Minister of MOWAC Hajia Alima Mahama, who credits her 
Humphrey Fellow experience in gender studies at Rutgers 
University with giving her the confidence to stand for 
office, was particularly skillful in mobilizing stakeholders, 
sensitizing her fellow MPs and building consensus to overcome 
cultural resistance to the bill.  As a parliamentary 
memorandum explained, traffickers exploit the "...common 
practice for parents to give away their children to be looked 
after by relatives and friends on request.  This is an 
age-old practice which under present economic circumstances 
has degenerated to children being sold or mortgaged by their 
parents under false pretenses." 
 
5. President Kufuor is expected to sign the bill within 21 
days of its delivery to the President's Office by the 
Attorney General.  That will bring to an end an era during 
which traffickers could be prosecuted only under lesser 
offenses in Ghana's Criminal Code of 1960, such as abduction 
and kidnapping.  In addition to penalties for physically 
removing a child, traffickers will now be subject to 
prosecution if they aid, abet or arrange the crime.  And 
traffickers will no longer be able to use the consent of a 
parent or guardian to the child's removal as a legal defense. 
 
6. The new bill calls for a minimum of five years' 
imprisonment, even for intermediaries. It also charges the 
MMYE's Department of Social Welfare with responsibility for 
rescue, temporary shelter, counseling, family tracing and 
skills training for victims.  The bill also gives the MMYE 
responsibility for managing a Human Trafficking Fund to 
finance these activities. In turn, the bill puts the MMYE in 
charge of a 17-member Human Trafficking Board composed of all 
relevant ministries, the security services, the private 
sector and other stakeholders. 
 
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G/TIP OUTREACH TO GOG 
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7. On July 29, G/TIP Africa Reports Officer Rachel Yousey and 
PolOff conducted a press conference in Accra with 30 
journalists to praise the GOG's passage of the bill. Yousey's 
remarks received ample coverage on both of Ghana's television 
networks, several radio programs and newspapers. Yousey and 
EmbOffs met MPs Esther Obeng Dappah, the chairwoman of the 
Committee on Gender and Children, and the deputy ranking 
member, Juliana Azumah-Mensah, who discussed the cultural 
concerns the Committee had to overcome. The Committee plans 
to visit sending and destination communities in the fall to 
promote public awareness of the new law. 
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MEETINGS WITH MOWAC 
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8. On July 29, Minister Mahama and Yousey explored ways in 
which G/TIP could assist MOWAC's capacity building efforts. 
Mahama asked if Yousey could either return to Ghana for a 
two-day training seminar in the autumn when the Trafficking 
Board was in place, and post suggested Yousey could 
participate alternatively via DVC depending on the program's 
length. Mahama indicated she would seek Highly Indebted Poor 
Country (HIPC) funds to establish the trafficking fund and 
board. Other MOWAC officials later said a USG grant of 
$10,000 or less to cover the board's annual operating costs 
or to initiate the fund would help the Ministry to begin 
implementation of the law. 
 
9. On August 1, Ambassador Yates paid a farewell call to 
Mahama in which the Minister inquired about Ghana's prospects 
for returning to Tier 1 status in our annual report. The 
Ambassador said if the law is credibly implemented, Ghana's 
efforts would be well-regarded when G/TIP issues its 2006 
report. 
 
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LAW ENFORCEMENT TRAINING 
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9. Through some high profile public events, the USG has been 
able to immediately follow up passage of the bill with 
contributions to Ghana's efforts to combat human trafficking. 
On August 1 Ambassador Yates signed an agreement with 
Minister of Interior Papa Owusu Ankomah to provide $250,000 
in training and assistance to better enable Ghana's police 
and judiciary to investigate and prosecute human traffickers. 
 Some 20 journalists covered the signing ceremony. 
 
 
10. On July 18 ICITAP instructors Bob Coburn and Darryl 
McEachern began training 30 Ghana Police instructors as part 
of an 18-week program that covers human rights, gender 
relations, domestic violence, and an 8-hour TIP module. On 
August 5, MOWAC Deputy Minister J.B. Danquah Aidoo committed 
to providing subject matter experts on TIP and domestic 
violence to assist ICITAP in tailoring its program for Ghana. 
Officials at Ghana Police's Women and Juvenile Unit agreed to 
disseminate the TIP training to its nearly 200 officers 
nationwide. 
 
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COMMENT 
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11.  Comment:  MOWAC scored an important political victory as 
the lead advocate of the anti-TIP bill but was disappointed 
that control over implementation was awarded to MMYE.  We 
will monitor implementation and discourage unhelpful 
bureaucratic infighting that could dull the impact of this 
vital legislation. 
YATES