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TO RUEHC/SECSTATE WASHDC PRIORITY 8643
INFO RUCNAFG/AFGHANISTAN COLLECTIVE
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RUEATRS/US TREASURY WASHDC

UNCLAS SECTION 01 OF 09 KABUL 000912 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
DEPT FOR SCA/A, G/TIP, G, INL,DRL, PRM, IWI 
 
E.O. 12958: N/A 
TAGS: PGOV PREL PHUM PREF ELAB KCRM KWMN KFRD ASEC
SMIG, AF 
SUBJECT: AFGHANISTAN'S 2005-2006 TRAFFICKING IN PERSONS 
QUESTIONNAIRE RESPONSE 
 
KABUL 00000912  001.16 OF 009 
 
 
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KABUL 00000912  002.14 OF 009 
 
 
more accurate identification of TIP cases. On the other hand 
this could also be due to reporting &fatigue8 due to the 
many other priorities and lack of resources confronting this 
emerging democracy. 
 
¶8. (SBU) What kind of conditions are the victims trafficked 
into? 
 
No information available. 
 
¶9. (SBU) Which populations are targeted by the traffickers? 
 
Disadvantaged populations have been targeted by traffickers, 
specifically the poor and recent refugees. 
 
¶10. (SBU) Who are the traffickers? What methods are used to 
approach victims? (Are they offered lucrative jobs, sold by 
their families, approached by friends of friends, etc.?) 
 
The traffickers are generally trusted members of the 
community. Families also send their children abroad to take 
advantage of educational, religious, or work opportunities, 
but there is little follow up on the child once they leave 
the country. Systemic levels of poverty create an environment 
where many families will take any opportunity to send their 
children abroad to earn income. Other families will send 
their children abroad with the promise of a secular or 
religious education or so they have a chance to visit Mecca. 
There is no way to monitor the location or well being of 
these children while abroad. 
 
¶11. (SBU) What methods are used to move the victims (e.g., 
are false documents being used?). 
 
It is unclear how the victims are moved to other countries. 
Given the difficulty of transporting victims to KSA it is 
inferred that false documents are being used. Transporting 
victims to Iran or Pakistan is much simpler in comparison and 
frequently only requires bribing a border official. 
 
¶12. (SBU) C.  What are the limitations on the government's 
ability to address this problem in practice?  For example, is 
funding for police or other institutions inadequate?  Is 
overall corruption a problem?  Does the government lack the 
resources to aid victims? 
 
The government has limited resources, both personnel and 
financial. There is also a significant lack of training for 
border, highway and local police. Even within the government 
there does not seem to be a consistent understanding of TIP 
or the will to address it. Many consider these opportunities 
for children critical to keeping families afloat. Most 
repatriated victims or those deported are provided assistance 
by IOs or NGOs. Border police are also notorious for their 
corruption and have been implicated in cross-border 
trafficking of narcotics, munitions, and people. 
 
¶13. (SBU) D. To what extent does the government 
systematically monitor its anti-trafficking efforts (on all 
fronts -- prosecution, prevention and victim protection) and 
periodically make available, publicly or privately and 
directly or through regional/international organizations, its 
assessments of these anti-trafficking efforts? 
 
The Government of Afghanistan has organized an interagency 
working group to focus on child trafficking issues. Member 
include: the Ministry of Labor and Social Affairs, the 
Ministry of Foreign Affairs, the Ministry of Interior, the 
Ministry of Justice, the Ministry of Religious Affairs and 
the Hajj, the Ministry of Women,s Affairs, UNICEF, and Save 
the Children. 
 
KABUL 00000912  003.14 OF 009 
 
 
 
---------- 
PREVENTION 
---------- 
 
¶14. (SBU) A. Does the government acknowledge that trafficking 
is a problem in that country?  If no, why not? 
 
The government does acknowledge that trafficking takes place, 
although the type and extent are not agreed upon. There is 
debate over whether trafficking for labor and as sex workers 
falls under TIP. 
 
¶15. (SBU) B. Which government agencies are involved in 
anti-trafficking efforts and which agency, if any, has the 
lead? 
 
The Ministry of Labor and Social Affairs has the lead, The 
Ministry of Foreign Affairs, the Ministry of Interior, the 
Ministry of Justice, the Ministry of Religious Affairs and 
the Hajj, and the Ministry of Women,s Affairs are also 
involved in anti-trafficking efforts. 
 
¶16. (SBU) C. Are there, or have there been, government-run 
anti-trafficking information or education campaigns?  If so, 
briefly describe the campaign(s), including their objectives 
and effectiveness.  Do these campaigns target potential 
trafficking victims and/or the demand for trafficking (e.g. 
"clients" of prostitutes or beneficiaries of forced labor). 
 
The names of and information about missing children 
(trafficked or otherwise) are generally disseminated through 
the media and mosques. The AIHRC has been conducting limited 
police training to raise awareness of TIP. There was 
significant publicity surrounding the National Plan of Action 
to Combat Child Trafficking, but this has faded over the last 
year. 
 
¶17. (SBU) D. Does the government support other programs to 
prevent trafficking? (e.g., to promote women's participation 
in economic decision-making or efforts to keep children in 
school.)  Please explain. 
 
There are currently no government programs to prevent 
trafficking. 
 
¶18. (SBU) F. What is the relationship between government 
officials, NGOs, other relevant organizations and other 
elements of civil society on the trafficking issue? 
 
Government officials seem more than willing to meet with NGOs 
and other organizations, although most NGOs claim that little 
is done beyond of these meetings, primarily due to a lack of 
training and resources. 
 
¶19. (SBU) G. Does it monitor immigration and emigration 
patterns for evidence of trafficking?  Do law enforcement 
agencies screen for potential trafficking victims along 
borders? 
 
This is currently beyond the government,s capacity. 
 
¶20. (SBU) H. Is there a mechanism for coordination and 
communication between various agencies, internal, 
international, and multilateral on trafficking-related 
matters, such as a multi- agency working group or a task 
force?  Does the government have a trafficking in persons 
working group or single point of contact?  Does the 
government have a public 
corruption task force? 
 
 
KABUL 00000912  004.12 OF 009 
 
 
As mentioned in reference to question 21D, the Government of 
Afghanistan has organized an interagency working group to 
focus on child trafficking issues. The Ministries of Labor 
and Social Affairs; Foreign Affairs; Interior; Justice; 
Religious Affairs and the Hajj; and the Ministry of Women,s 
Affairs, along with UNICEF, and Save the Children are 
members. 
 
¶21. (SBU) J. Does the government have a national plan of 
action to address trafficking in persons?  If so, which 
agencies were involved in developing it?  Were NGOs consulted 
in the process?  What steps has the government taken to 
disseminate the action plan? 
 
Yes. The government, with the help of NGOs and the 
international community, has developed and released a 
National Plan of Action on Child Trafficking.  As a result 
the above mentioned group in question &H8 has been formed 
to monitor and address these issues. 
 
-------------------------------------------- 
INVESTIGATION AND PROSECUTION OF TRAFFICKERS 
-------------------------------------------- 
 
¶22. (SBU) A. Does the country have a law specifically 
prohibiting trafficking in persons--both trafficking for 
sexual exploitation and trafficking for non-sexual purposes 
(e.g. forced labor)? If so, what is the law?  Does the law(s) 
cover both internal and external (transnational) forms of 
trafficking? If not, under what other laws can traffickers be 
prosecuted?  For example, are there laws against slavery or 
the exploitation of prostitution by means of coercion or 
fraud?  Are these other laws being used in trafficking cases? 
 Are these laws, taken together, adequate to cover the full 
scope of trafficking in persons?  Please provide a full 
inventory of trafficking laws, including civil penalties, 
(e.g., civil forfeiture laws and laws against illegal debt). 
 
There is currently no legal code that specifically addresses 
trafficking in persons. Most laws used to prosecute TIP are 
designed to address kidnapping. The MOJ has been approached 
to develop a law and is in the process of drafting one, 
although a draft has not yet been released. 
 
Please see below the relevant laws (NOTE: The quality of 
translation is rather poor; however, since they are from 
official translations of published law books in Afghanistan, 
they are quoted verbatim here. END NOTE): 
 
Penal Code 
 
Article 356: 
A person who takes away or hides a newborn baby from persons 
who have legal rights over him, or changes him with another 
infant, or untruthfully relates him to some one other than 
his mother, shall be sentenced in the light of circumstances 
to medium imprisonment 
 
Article 418: 
A person who, himself/herself or through another, kidnaps a 
child, not yet seven years old, or someone who can not look 
after himself, or leaves at large one of the persons 
mentioned in an uninhabited area, shall be sentenced 
 
Article 419: 
If as a result of commitment of the crimes specified under 
article 418 of this law, some organ of the child or the 
person (kidnapped) is defected or lost, the offender shall be 
punished in accordance with the provisions of Deliberate 
Laceration or if the child or the person (kidnapped) dies, 
the offender shall be punished in accordance with the 
 
KABUL 00000912  005.14 OF 009 
 
 
provisions of Deliberate Murder. 
 
Article 420: 
1.A person who, himself or through another, kidnaps, without 
coercion or fraud, a child not yet eighteen years old, shall 
be sentenced 2.If the kidnapped child is a girl, the offender 
shall be sentenced to long imprisonment, not exceeding ten 
years 
 
Article 421: 
1.A person who, himself or through another, kidnaps, with 
coercion or fraud, a child not yet eighteen years old, shall 
be sentenced 2.If the kidnapped child is a girl, the offender 
shall receive the maximum anticipated punishment of the above 
paragraph. 
 
Article 423: 
If the acts specified under article 420 and 421 of this law 
are committed by a person who has influence or authority over 
the person against whom the crime has been committed, or if 
the former is charged with the responsibility of raising the 
latter, the offender shall be sentenced 
 
Article 425: 
A person who carries off a girl, who is sixteen years or 
over, at her own will from her parents' residence for the 
purpose of lawfully marrying her, shall not be deemed as 
having committed an act of kidnapping. 
 
Article 515: 
A person who holds as hostage another person through threat, 
coercion or any other means, shall be sentenced to long 
imprisonment Please also note that Afghanistan has ratified 
the Optional Protocol to the CRC on the Sale of Children, 
Child Prostitution and Child Pornography but does not 
currently have any implementing legislation for it. 
 
¶23. (SBU) B. What are the penalties for traffickers of people 
for sexual exploitation?  For traffickers of people for labor 
exploitation? 
 
The penalties for trafficking of any kind have not been 
clearly defined by the law and vary based on the region and 
judge. 
 
¶24. (SBU) C. What are the penalties for rape or forcible 
sexual assault?  How do they compare to the penalty for sex 
trafficking? 
 
Rape and sexual assault are punishable by death but there is 
an extremely high burden of proof. The penalty for sex 
trafficking has not been defined. 
 
¶25. (SBU) D. Is prostitution legalized or decriminalized? 
Specifically, are the activities of the prostitute 
criminalized?  Are the activities of the brothel 
owner/operator, clients, pimps, and enforcers criminalized? 
Are these laws enforced? If prostitution is legal and 
regulated, what is the legal minimum age for this activity? 
Note that in many countries with federalist systems, 
prostitution laws may be covered by state, local, and 
provincial authorities. 
 
Prostitution is not legal. Committing or contributing to acts 
of prostitution is also against the law. These laws are 
inconsistently enforced. Recent cases have involved the 
deportation of foreign sex workers. The government attempted 
to press criminal charges against the women involved, but was 
encouraged by NGOs to deport them because they were suspected 
to have been trafficked. 
 
 
KABUL 00000912  006.12 OF 009 
 
 
¶26. (SBU) E. Has the Government prosecuted any cases against 
traffickers?  If so, provide numbers of investigations, 
prosecutions, convictions, and sentences, including details 
on plea bargains and fines, if relevant and available.  Are 
the traffickers serving the time sentenced:  If no, why not? 
Please indicate whether he ovrnmntcan rovde this information, 
and if not, why not? (Note:  complete answers to this section 
are essential. End Note) 
 
The government reported between 40-70 arrests of child 
traffickers over the year, but the details on investigations, 
prosecutions, convictions and sentences were not available. 
Due to the lack of a clear criminal code and lack of training 
for judges and prosecutors with regards to TIP, many of these 
cases slip through the judicial system. 
 
¶27. (SBU) F. Is there any information or reports of who is 
behind the trafficking?  For example, are the traffickers 
freelance operators, small crime groups, and/or large 
international organized crime syndicates?  Are employment, 
travel, and tourism agencies or marriage brokers fronting for 
traffickers or crime groups to traffic individuals? Are 
government officials involved?  Are there any reports of 
where profits from trafficking in persons are being 
channeled?  (e.g. armed groups, terrorist organizations, 
judges, banks, etc.) 
 
There are no official reports on who is behind the 
trafficking. There are unofficial reports of some organized 
crime involvement in the trafficking of Eastern European 
women and some reports of employment agencies involved in 
trafficking Chinese women. 
 
¶28. (SBU) G. Does the government actively investigate cases 
of trafficking?  (Again, the focus should be on trafficking 
cases versus migrant smuggling cases.) Does the government 
use active investigative techniques in trafficking in persons 
investigations? To the extent possible under domestic law, 
are techniques such as electronic surveillance, undercover 
operations, and mitigated punishment or immunity for 
cooperating suspects used by the government?  Does the 
criminal procedure code or other laws prohibit the police 
from engaging in covert operations? 
 
Government officials lack proper training or resources to 
investigate cases of trafficking. Active investigative 
techniques have only recently been introduced to combat 
narcotics trafficking and have not been applied to TIP. The 
criminal procedure code does not prevent covert operations. 
 
¶29. (SBU) H. Does the government provide any specialized 
training for government officials in how to recognize, 
investigate, and prosecute instances of trafficking? 
 
No. In the past, with support from UNICEF, a series of 
sensitization trainings were conducted for different 
government agencies, including the Ministries of Labor and 
Social Affairs, Interior, and Justice. 
 
¶30. (SBU) I. Does the government cooperate with other 
governments in the investigation and prosecution of 
trafficking cases? If possible, can post provide the number 
of cooperative international investigations on trafficking? 
 
No. There has been some cooperation with KSA on the return of 
trafficked persons but there has been no cooperation on 
investigation or prosecution of traffickers. 
 
¶31. (SBU) J. Does the government extradite persons who are 
charged with trafficking in other countries?  If so, can post 
provide the number of traffickers extradited?  Does the 
 
KABUL 00000912  007.14 OF 009 
 
 
government extradite its own nationals charged with such 
offenses?   If not, is the government prohibited by law form 
extraditing its own nationals?  If so, what is the government 
doing to modify its laws to permit the extradition of its own 
nationals? 
 
There have been no extraditions of traffickers, although 
there does not appear to be any law preventing such 
extraditions. 
 
¶32. (SBU) K. Is there evidence of government involvement in 
or tolerance of trafficking, on a local or institutional 
level?  If so, please explain in detail. 
 
At the national level, there is no evidence to support the 
involvement of government officials in TIP. Some evidence 
suggests that local commanders were involved in trafficking 
of children, but there was no new information available this 
year. There is also a common perception that there are 
corrupt officials in the police force who facilitate TIP. 
There have been no official reports on steps taken by the 
government to address this. 
 
¶33. (SBU) L. If government officials are involved in 
trafficking, what steps has the government taken to end such 
participation?  Have any government officials been prosecuted 
for involvement in trafficking or trafficking- related 
corruption? Have any been convicted?  What actual sentence 
was imposed?  Please provide specific numbers, if available. 
 
See above. 
 
¶34. (SBU) M. If the country has an identified child sex 
tourism problem (as source or destination), how many foreign 
pedophiles has the government prosecuted or 
deported/extradited to their country of origin? Does the 
country's child sexual abuse laws have extraterritorial 
coverage (like the U.S. PROTECT Act)? 
 
Sex tourism has not been identified as a problem in 
Afghanistan. 
 
¶35. (SBU) N. Has the government signed, ratified, and/or 
taken steps to implement the following international 
instruments? Please provide the date of 
signature/ratification if appropriate. 
 
--ILO Convention 182 concerning the prohibition and immediate 
action for the elimination of the worst forms of child labor. 
 
No. 
 
--ILO Convention 29 and 105 on forced or compulsory labor. 
 
No. 
 
--The Optional Protocol to the Convention on the Rights of 
the Child (CRC) on the sale of children, child prostitution, 
and child pornography. 
 
Yes. 
 
--The Protocol to Prevent, Suppress and Punish Trafficking in 
Persons, especially Women and Children, supplementing the UN 
Convention Against Transnational Organized Crime. 
 
No. 
 
------------------------------------ 
PROTECTION AND ASSISTANCE TO VICTIMS 
------------------------------------ 
 
KABUL 00000912  008.12 OF 009 
 
 
 
¶36. (SBU) A. Does the government assist victims, for example, 
by providing temporary to permanent residency status, relief 
from deportation, shelter and access to legal, medical and 
psychological services?  If so, please explain.  Does the 
country have victim care and victim health care facilities? 
If so, can post provide the number of victims placed in these 
care facilities? 
 
No. 
 
¶37. (SBU) B. Does the government provide funding or other 
forms of support to foreign or domestic NGOs for services to 
victims?  Please explain. 
 
No. Funding is provided by international donors or 
self-funded by NGOs. 
 
¶38. (SBU) C.  Is there a screening and referral process in 
place, when appropriate, to transfer victims detained, 
arrested or placed in protective custody by law enforcement 
authorities to NGO's that provide short- or long-term care? 
 
No process has been developed. Transfers are negotiated on a 
case-by-case basis. 
 
¶39. (SBU) D. Are the rights of victims respected, or are 
victims also treated as criminals?  Are victims detained, 
jailed, or deported?   If detained or jailed, for how long? 
Are victims fined?  Are victims prosecuted for violations of 
other laws, such as those governing immigration or 
prostitution? 
 
There is no established protocol for the treatment of 
victims. Their treatment varies depending on the official, 
location, or security service. No specific information is 
available on the length of detention or treatment of 
individual victims. 
 
¶40. (SBU) E. Does the government encourage victims to assist 
in the investigation and prosecution of trafficking?  May 
victims file civil suits or seek legal action against the 
traffickers?  Does anyone impede the victims' access to such 
legal redress? If a victim is a material witness in a court 
case against the former employer, is the victim permitted to 
obtain other employment or to leave the country? Is there a 
victim restitution program? 
 
There is no protection available for victims and no means for 
them to assist in investigations. Due to the lack of 
protections, many victims are too scared or unwilling to 
assist officials. 
 
¶41. (SBU) F. What kind of protection is the government able 
to provide for victims and witnesses?  Does it provide these 
protections in practice?  What type of shelter or services 
does the government provide? Does it provide shelter or any 
other benefits to victims for housing or other resources in 
order to aid the victims in rebuilding their lives? Where are 
child victims placed (e.g. in shelters, foster-care type 
systems or juvenile justice detention centers)? 
 
The government provides no formal protection to victims. 
Victims are sometimes jailed while officials decide on the 
disposition of their cases, whether to press charges, or to 
deport. Some protection is given by NGOs, though specifics 
are unavailable at this time because of their confidentiality 
requirements. Child victims can be placed by the government 
in orphanages or juvenile detention centers. 
 
¶42. (SBU) G. Does the government provide any specialized 
 
KABUL 00000912  009.14 OF 009 
 
 
training for government officials in recognizing trafficking 
and in the provision of assistance to trafficked victims, 
including the special needs of trafficked children?  Does the 
government provide training on protections and assistance to 
its embassies and consulates in foreign countries that are 
destination or transit countries?  Does it urge those 
embassies and consulates to develop ongoing relationships 
with NGOs that serve trafficked victims? 
 
The government provides no training to government officials 
on TIP. Some NGOs have developed relationships with foreign 
consulates to assist in serving trafficked victims. 
 
¶43. (SBU) H. Does the government provide assistance, such as 
medical aid, shelter, or financial help, to its repatriated 
nationals who are victims of trafficking? 
 
The government in conjunction with NGOs, provides 
repatriation assistance to children. Little assistance is 
available to adults. 
 
¶44. (SBU) I. Which international organizations or NGOs, if 
any, work with trafficking victims?  What type of services do 
they provide?  What sort of cooperation do they receive from 
local authorities? NOTE:  If post reports that a government 
is incapable of assisting and protecting TIP victims, then 
post should explain thoroughly.  Funding, personnel, and 
training constraints should be noted, if applicable. 
Conversely, a lack of political will to address the problem 
should be noted as well. 
 
International Organization for Migration (IOM), UNICEF, Save 
the Children, Afghan Independent Human Rights Commission 
(AIHRC), local Afghan NGOs. The GOA is unable to assist or 
protect victims due to a severe lack of resources and 
capacity. The government is an emerging democracy facing many 
challenges, including an active insurgency and rampant 
poverty. 
 
NEUMANN