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Viewing cable 07KIGALI212, RWANDA TIP DRAFT

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Reference ID Created Released Classification Origin
07KIGALI212 2007-03-01 16:08 2011-08-24 00:00 UNCLASSIFIED//FOR OFFICIAL USE ONLY Embassy Kigali
VZCZCXYZ0001
RR RUEHWEB

DE RUEHLGB #0212/01 0601608
ZNR UUUUU ZZH
R 011608Z MAR 07
FM AMEMBASSY KIGALI
TO RUEHC/SECSTATE WASHDC 3837
INFO RUEAWJA/DEPT OF JUSTICE WASHINGTON DC
RUEHC/DEPT OF LABOR WASHDC
RUEATRS/DEPT OF TREASURY WASHDC
RUEAHLC/HOMELAND SECURITY CENTER WASHINGTON DC
UNCLAS KIGALI 000212 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
DEPRTMENT FOR G/TIP, G, INL, DRL, PRM, AND AF/C 
 
E.O. 12958: N/A 
TAGS: PREF ELAB ASEC KFRD SMIG KWMN PHUM KCRM RW
SUBJECT: RWANDA TIP DRAFT 
 
REF: A. 06 STATE 202745 
     B. 06 KIGALI 464 
     C. 06 KIGALI 199 
 
This is sensitive but unclassified.  Paragraphs are keyed to 
reftel. 
 
Overview 
-------- 
27.A. Rwanda is a source country for children internally 
trafficked for the purpose of sexual exploitation.  Small 
numbers of impoverished Rwandan children, typically between 
the ages of 14 and 18, engage in prostitution as a means of 
survival and are exploited by loosely organized prostitution 
networks. Girls who head households and girls who work as 
domestic laborers are most at risk of sexual exploitation. 
The most recent government data (the General Population and 
Housing Census) indicated 170,000 children in domestic 
service and 2,000 in prostitution. 
 
-B. By the UN and Trafficking Victims Protection 
Reauthorization Acts definition, the only trafficking problem 
in Rwanda is children engaged in prostitution.  The 
government has made progress in its efforts to combat TIP, 
however, there are a lack of statistics to quantify the 
actions the government is taking to address the problem. 
This is due to inefficient administration in the Ministries 
charged with TIP related action, a relatively inexperienced 
bureaucracy that does not systematically record and track 
data and the belief at all levels of GOR leadership that 
trafficking is not a significant problem in the country. 
(Note. GOR officials are forthright in acknowledging the 
underage prostitution problem, however, they do not equate 
child prostitution with trafficking. End note.) 
 
-C. Rwanda is a small, densely populated country with a 
strong central government and effective military, 
intelligence and security services and the GOR plays a large 
role in the everyday life of all Rwandans. There were seven 
primary land border crossings and two international airports, 
and all were effectively staffed by officials from the 
immigration service- a component of the National Security 
Service- and coordinated closely with the military and 
national police.  There is a heavy police presence on the 
national road network, including a high number of police 
checkpoints that monitor traffic and check vehicles to 
enforce safety regulations. 
 
At primary road checkpoints and international ports of entry, 
government officials question adult males traveling with 
children and no adult female.  If the man does not posses an 
official document, signed by the mother or legal female 
custodian, he will be held while the authorities contact the 
mother (or custodian) to confirm there is no problem.  This 
standing procedure is possible due to the effectiveness of 
the security forces and internal intelligence network. 
 
The GOR does not have a specific law addressing trafficking, 
however, it uses kidnapping, forced prostitution and child 
protection laws to address trafficking crimes. 
 
-D. The government does not systematically monitor its 
anti-trafficking efforts (please see 27.B). 
 
Prevention 
---------- 
28.A. The government acknowledges and takes action, within 
the limits of its capacity, to address child prostitution. 
However, government officials do not use the USG definition 
characterizing all child prostitutes as trafficking victims. 
There is no evidence of government involvement in or 
tolerance of trafficking on a local or institutional level. 
 
-B. The Rwandan National Police (RNP) is the lead agency in 
enforcing child prostitution laws.  The Ministries of Labor, 
Education, Gender and Local Government all have roles in 
assisting children involved in child prostitution. 
 
-C. The Ministry of Gender and Family Support (MIGEPROF), the 
GOR,s lead agency for assisting prostitutes and child 
laborers, has developed public information campaigns with 
UNICEF and USAID sensitizing potential victims (underage 
prostitutes) on health care, promoting women,s rights and 
education on sexual and gender-based violence. 
 
-D,E. The GOR has a strong commitment to promoting women,s 
participation in economic decision making, evidenced by the 
high proportion of women parliamentarians and Cabinet 
Ministers, the Constitution requires a minimun of thrity 
percent of parliamentarians to be women. The government works 
with several international and local NGOs to provide health 
services, temporary housing and vocational training. 
 
UNDP, UNICEF, and USAID are involved in working with 
trafficking victims through the improvement of health care to 
women and children, empowerment of women, and promotion and 
protection of rights.  Sexual and gender-based violence 
(SGBV) continues to be a major concern in Rwanda.  USAID has 
responded to this through a series of programs, mostly 
directed at females, which both raise awareness and promote 
opportunities. USAID continues to support a project on 
&Reproductive Health and HIV/AIDS for Adolescent Girls8, 
with the objective of empowering young girls to cope with 
sexual and gender based violence. 
 
Rwanda is a new participant in the USAID Women,s Legal 
Rights Initiative which will develop a course on gender and 
domestic relations for the new Institute of Legal Practice 
and Development (a national legal training center), print a 
women,s rights training manual, assist with the development 
of ProFemmes, an umbrella organization for women,s NGOs, and 
will hold awareness raising events related to women,s 
rights.  The program works closely with other donors. 
 
The USAID supported &Women Investment Fund8 is a 
micro-finance program for women that promotes peace, unity 
and reconciliation by reinforcing the economic capacity of 
women in order to improve the socio-economic conditions of 
the family. 
 
USG PEPFAR provides support to orphans and vulnerable 
children.  Given that economic &survival8 is the 
overwhelming cause of prostitution, programs that reduce 
poverty are fundamental.  Orphans and vulnerable children 
live on the economic margins of life in Rwanda and are among 
the highest risk groups for prostitution. 
 
USAID is funding a program through an NGO to reduce 
gender-based violence (GBV).  IntraHealth/Twubakane has a 
two-pronged approach to addressing GBV, including: supporting 
empowerment activities focused on women and girls, and 
services that support women who are victims of battery and 
sexual assault and in need of support for family 
planning/reproductive health decision-making, and increasing 
male involvement and support for improved reproductive health. 
 
UNICEF and its partners are helping Rwandan children, 
especially in the areas of health, counseling and education, 
income-generating activities and vocational training 
preventing the spread of HIV/AIDS through education and 
counseling; providing immunization; and providing support for 
the regular school system and assisting children outside of 
the regular school system. 
 
-F. The relevant government agencies are effective at 
monitoring immigration and emigration patterns along borders. 
 The National Police maintain security checkpoints on all 
major roads throughout the country to monitor traffic flow 
and to conduct regular inspections of vehicles for safety, 
cargo and documentation.  Police officers are trained to 
observe drivers and passengers and to investigate any 
suspected irregularities, including any possible indications 
of trafficking. 
 
-G. The government has an ombudsman office, an auditor 
general office and the RNP has an internal department for 
corruption investigations of police officers. 
 
-H. The government does not have a national plan of action 
specifically addressing trafficking in persons, however, it 
has developed a national plan of action to address the 
problem of child labor. MIFOTRA is the lead agency on the 
long term plan of action on worst forms of child labor. 
(please see 30.C.). 
 
Investigation and Prosecution of Traffickers 
-------------------------------------------- 
29.A. The government does not have a law specifically 
prohibiting trafficking in persons; however, it has laws 
against slavery, forced prostitution, kidnapping, and 
anti-child labor under which traffickers can be prosecuted. 
The Constitution places heavy emphasis on children. The 
Rwandan laws relevant to trafficking: 
-- Article 28 of the Constitution guarantees every child 
special measures of protection by his/her family, society and 
the State. 
-- Article 38 of the Constitution provides for free primary 
education for all children. 
-- Law No. 27/2001 (April 28, 2001) includes provisions for 
the protection of the child against violence.  Article 4 
states that the minimum age for recruitment into the army is 
18; and forced marriage, involvement of children in 
prostitution, drug trafficking and slavery are crimes 
punishable by law. 
-- Law No. 51/2001 establishing the Labor Code states that 
the child shall not be employed for night tasks that are 
unhealthy or dangerous.  Articles 192 and 194 of the labor 
code provide for penalties against those who violate said 
provisions. 
-- Law No. 13 (July 1, 2002) governs the armed forces and Law 
No. 16 (August 15, 2002) establishes the minimum age for 
enrollment in the army. 
 
--B,C.  The government uses slavery, forced prostitution, 
kidnapping and anti-child labor laws to punish individuals 
convicted of trafficking for sexual exploitation. Punitive 
measures include imprisonment of three months to one year and 
a fine for repeat offenders; imprisonment of three months to 
five years for those who entice others into prostitution; 
imprisonment of six months to six years and a fine for those 
who procure prostitutes; and imprisonment of one to five 
years for those who financially benefit from the proceeds. 
 
--D. Gender based violence is a problem in Rwanda.  The 
penalty for rape ranges from a minimum of 15 years 
imprisonment to a maximum of a death sentence if the rape 
results in the severe chronic disease or death of the victim. 
(Note.  The cabinet repealled the death sentence in late 
December 2006.  End note.) 
 
--E. Prostitution is illegal, the penalty for prostitution 
ranges from the preventative to the punitive.  Measures to 
prevent the continuation of prostitution include restraining 
orders to contain them at home and probation to closely 
monitor their activities.  Punitive measures include 
imprisonment of three months to one year and a fine for 
repeat offenders; imprisonment of three months to five years 
for those who entice others into prostitution; imprisonment 
of six months to six years and a fine for those who procure 
prostitutes; and imprisonment of one to five years for those 
who financially benefit form the proceeds.  However, the 
government has focused on the rehabilitation of prostitutes 
rather than prosecution, as the problem is primarily one of 
economic necessity for the women rather than a problem of 
criminal intent and disregard for the rule of law.  The GOR 
does not regularly arrest prostitutes to avoid adding to an 
already over-burdened court system, instead, police typically 
detain prostitutes over night and release them the following 
day. 
 
--F. The government did not prosecute any trafficking cases 
during the year, however, . 
 
--G. There is no indication of any involvement of small 
criminal groups or larger international crime syndicates; 
employment, travel, or tourism agencies; or marriage brokers 
fronting for traffickers or crime groups to traffic 
individuals.  There is no evidence that government officials 
are involved in any aspect of prostitution, including 
underage prostitution. 
 
--H, I. The relevant government agencies are effective at 
monitoring the borders (please see 27.C.).  The National 
Police maintain security checkpoints on all major roads 
throughout the country to monitor traffic flow and to conduct 
regular inspections of vehicles for safety, cargo and 
documentation.  Police officers are trained to observe 
drivers and passengers and to investigate any suspected 
irregularities, including any possible indications of 
trafficking. 
 
--J, K. Rwanda has extradition treaties with most neighbors 
and holds an active membership in the International Criminal 
Police Organization (Interpol).  Rwandan law enforcement 
officials reported no requests for other countries to report 
on trafficking-related issues but would do so if it received 
a request.  The GOR coordinates well with other governments 
in the region- with the exception of the GDRC- but did not 
have specific data on underage prostitution cases. 
 
--L-N. There is no evidence that government officials are 
involved in any aspect of underage prostitution or tolerance 
of any other forms of trafficking. 
 
--O. The government has ratified ILO Conventions 138 and 182. 
 Rwanda has signed United Nations Convention on the Rights of 
the Child, the African Charter on the Rights and the Welfare 
of the Child, and acceded to the Optional Protocols on the 
Involvement of Children in Armed Conflict and on Child 
Trafficking, Child Prostitution and Child Pornography. 
Rwanda is also signatory to the UNESCO World Declaration on 
Education for All, the UN Convention on the Elimination of 
All Forms of Discrimination Against Women and the UN 
Resolution 48/96 on Standard Rules on the Equalization of 
Opportunities for Persons with Disabilities. 
 
Protection and Assistance to Victims 
------------------------------------ 
30.A-C. The Ministry of Education (MINEDUC) works with the 
Ministry of Labor (MIFOTRA) in matters of child labor. 
MINEDUC runs &catch-up8 education centers that educate 
children under eighteen who had missed all or part of their 
primary education due to working.  The Ministry of Local 
Administration and Social Affairs (MINALOC) oversees local 
government committees that address education and other child 
welfare issues.  The Ministry of Gender and Family Protection 
(MIGEPROF) is the lead agency for child protection and the 
implementation of the Orphans and other vulnerable children 
(OVC) policies. 
 
The strategic plan for Rwanda, &Rwanda Vision 20208, sets 
benchmarks for the country,s development polices including 
committing the country to providing free primary education, 
and reducing drop-out rates, especially among girls.  The 
Rwandan Poverty Reduction Strategy Paper (PRSP), the 
macro-level policy guidance that serves as the framework for 
the implementation of development plans, identifies OVC as a 
segment of the Rwandan population requiring special 
assistance. 
The government has a National OVC Policy with the main 
objective &to protect the rights of the child and to ensure 
the physical and psychosocial long-term development of 
orphans and other vulnerable children.8  Specific objectives 
include: assuring access to health services, assuring access 
to free primary education, and enhance the coordination of 
all programs and interventions concerning orphans and other 
vulnerable children to ensure systematic monitoring and 
evaluation.  The National Human Rights Commission has a child 
rights unit. 
 
A National Plan of Action on Child Labor was drafted by 
MIFOTRA with extensive input from UNICEF, MIGEPROF, and 
MINEDUC is currently in cabinet.  The plan identifies 
prostitution and domestic workers as two of the forms of 
child labor to be addressed.  It includes sensitization 
campaigns and strengthening relevant laws that address these 
issues. 
 
-D. No prostitutes have been prosecuted in the last twelve 
months. 
 
-F,I. The government worked closely with United Nations 
International Children,s Education Fund (UNICEF) to 
formulate national policy regarding the objective of 
universal quality primary education and has formed a national 
committee (Education for All) to address the issue of girls, 
education.  Other international and national NGOs involved 
with the government in the direct or indirect combating of 
underage prostitution include World Vision, Save the 
Children, Sharing Rwanda, Sisters of Rwanda, Hagauruka, ADOA 
and Umurimo. 
 
-H. The number of repatriated trafficking victims does not 
meet the minimum threshold for it to be recognized as an 
issue.  (Note. In 2005 post included  The National 
Demobilization and Reintegration Commission (RDRC) as it 
assists Rwandan combatants in eastern DRC, some of who are 
child soldiers recruited by the Democratic Forces to Liberate 
Rwanda (FDLR).  However, post has re-evaluated its position 
and does not now consider Rwandan child combatants as 
trafficking victims.  According to the RDRC, every child 
ex-combatant is a Rwandan born to Rwandans expelled in the 
1994 civil war.  As the children accompanied their parents, 
and were raised in DRC and subsequently recruited into the 
FDLR by their Rwandan fathers, they do not fit the definition 
of trafficking victims.  End note.) 
 
Point of Contact 
---------------- 
Primary point of contact is poloff George Learned: 
(250)505.601, ext. 3311; Learnedg@state.gov. 
 
Pol chief spent approximately 2 hours and Poloff spent 
approximately 45 hours preparing this report. 
 
 
ARIETTI