VZCZCXRO4001
RR RUEHBZ RUEHDU RUEHJO RUEHRN
DE RUEHMR #0147/01 0721559
ZNR UUUUU ZZH
R 131559Z MAR 07
FM AMEMBASSY MASERU
TO RUEHC/SECSTATE WASHDC 2743
INFO RUCNSAD/SADC COLLECTIVE
RUEHMR/AMEMBASSY MASERU 3094

UNCLAS SECTION 01 OF 05 MASERU 000147 
 
SIPDIS 
 
SIPDIS 
 
DEPT ALSO FOR G/TIP 
DEPT ALSO FOR AF/S: LINDA MUNCY 
 
E.O. 12958: N/A 
TAGS: KCRM PHUM KWMN ELAB SMIG KFRD PREF LT
SUBJECT: LESOTHO: 2007 TRAFFICKING IN PERSONS (TIP) REPORT 
SUBMISSION 
 
REF: 2006 STATE 202745 
 
MASERU 00000147  001.2 OF 005 
 
 
¶1.      There is no known trafficking in persons in Lesotho that 
meets the term as defined in REFTEL.  Per REFTEL instructions, 
post has answered the questions 27 - 30.   Post's primary 
sources are Inspector Masoabi Thosa, Child and Gender Protection 
Unit, Lesotho Mounted Police Service (LMPS); Senior Inspector 
Maphats'oe Maphats'oe, LMPS Legal Division; Pulane Lechesa, 
Directorate of Legal Affairs, Ministry of Foreign Affairs; 
Lindiwe Maqutu, Crown Counsel, Office of the Director of Public 
Prosecutions, Ministry of Law and Constitutional Affairs; 
'Mamongoli Tsekoa, Ministry of Education (UNESCO); Teboho 
Nthlakana, Ministry of Justice and Human Rights; Lydia 'Muso, 
Lesotho Child Counseling Unit (LCCU - an NGO); all of whom state 
that trafficking in persons, as defined in REFTEL, is unknown in 
Lesotho.  These sources acknowledge anecdotal reports of migrant 
smuggling of Basotho into South Africa, and the possibility that 
some of those smuggled could be commercial sex workers.  The 
2004 report by the International Organization for Migration 
indicated that women from rural areas of the People's Republic 
of China were trafficked to Lesotho as a transit point.  It is 
alleged that the women later crossed into South Africa in a bid 
to circumvent South African airport immigration controls. 
 
¶2.      There are large numbers of Basotho living legally and 
illegally in South Africa.  Most are economic migrants who have 
crossed the porous border and may be vulnerable to exploitation 
once within South Africa.  However, post's sources had seen no 
evidence of organized trafficking and were not aware of any 
outstanding cases involving Basotho victims in South Africa. 
There are no NGOs in Lesotho that work specifically with victims 
of trafficking, as it is not regarded as a major issue in the 
country.  Lesotho is a landlocked country totally surrounded by 
South Africa, and receives international flights only from South 
Africa.  As wage levels are much higher in South Africa, it 
would make little economic sense for persons to be trafficked to 
Lesotho as a final destination, but rather as a staging point 
for other destinations.  Anecdotal evidence suggests some degree 
of trafficking and child labor exists, but there are no official 
statistics on record. 
 
-------------------------- 
Responses to TIP Questions 
-------------------------- 
 
¶3.      (SBU) Begin responses to questions, keyed to question 
numbers in REFTEL: 
 
 
¶27. OVERVIEW 
 
¶A.  Is the country a country of origin, transit or destination 
for international trafficked men, women, or children? 
 
There are no official reports of cases of trafficking in persons 
in Lesotho.  According to anecdotal information, Chinese 
smuggling rings may use Lesotho as a staging point for smuggling 
individuals to the Republic of South Africa and beyond. 
 
¶B.  Please provide a general overview of the trafficking 
situation in the country and any changes since the last TIP 
Report (e.g. changes in direction).  Also briefly explain the 
political will to address trafficking in persons. 
 
There is no reliable information regarding cases of trafficking 
in persons in Lesotho.  Government accounting for trafficking in 
persons is limited by the lack of anti-trafficking legislation. 
There is no official information or statistics pertaining to the 
issue. 
 
¶C. What are the limitations on the government's ability to 
address this problem in practice? 
 
The Government of Lesotho is limited in all areas by its lack of 
resources, including the area of trafficking in persons.  The 
GOL's inability to police its porous border limits its ability 
to detect or combat trafficking. 
 
 
 
¶28. PREVENTION 
 
¶A.  Does the government acknowledge that trafficking is a 
problem in the country? 
 
Due to lack of anti-trafficking legislation and research, there 
is no coherent official position on whether trafficking is a 
problem in Lesotho. 
 
¶B.  Which government agencies are involved in anti-trafficking 
 
MASERU 00000147  002.2 OF 005 
 
 
efforts? 
 
Lesotho's Ministry of Home Affairs and the police, especially 
the Child and Gender Protection Unit at the Ministry of Justice 
and the Human Rights Unit at the Ministry of Education and 
Training and Ministry of Labor would be involved in 
anti-trafficking efforts.  These government agencies also 
cooperate with UNICEF to address reports of child prostitution, 
which is thought to be a poverty driven phenomenon and not the 
product of organized criminal syndicates.  There are no official 
statistics. 
 
¶C.      Are there or have there been any government-run 
anti-trafficking public information or public education 
campaigns? 
 
There has not been a public information or education campaign 
specifically addressing trafficking.  An inter-sectoral 
committee made up of government ministries and NGOs have held 
public gatherings on human rights issues which intersect with 
trafficking. 
 
¶D.      Does the government support other programs to prevent 
trafficking? 
 
While intended to address economic empowerment rather than human 
trafficking, the government's implementation of free primary 
education has the effect of expanding school enrollment and 
attendance, which reduces the opportunities for child 
trafficking. 
 
¶E.      What is the relationship between government officials, 
NGOs, other relevant organizations and other elements of civil 
society on the trafficking issue? 
 
The GOL has a good operational relationship with civil society 
groups. For example, Women in Law in Southern Africa (WLSA), the 
Federation of Women Lawyers (FIDA for the Latin acronym) and the 
Catholic Church's Justice and Peace organization communicate 
regularly with the government. 
 
¶F.      Does the government adequately monitor its borders? 
 
Monitoring of borders is inadequate.  Lesotho is completely 
surrounded by South Africa.  The eastern part of the country is 
a rugged and mountainous, making it difficult for the joint task 
force of the army and police to patrol the borders.  Lesotho's 
borders are porous and criminal elements often take advantage of 
this weakness to carry out illegal activities, such as livestock 
and vehicle theft and weapons and marijuana smuggling. 
 
¶G.      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? 
 
The Government of Lesotho coordinates anti-trafficking 
activities with the International Organization for Migration 
(IOM), the International Labor Organization (ILO) and the United 
Nations Office on Drugs and Crime (UNODC).  There is no single 
point of contact within the government on trafficking in persons 
issues.  The government has established the Directorate on 
Corruption and Economic Offenses (DCEO) which has a mandate to 
counter public corruption. 
 
 
 
¶29. INVESTIGATION AND PROSECUTION OF TRAFFICKERS 
 
¶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)? 
 
The country does not have legislation specifically addressing 
trafficking in persons and has not enacted any legislation on 
this subject since the last TIP report.  An existing law, 
however, does prohibit the procurement of women or girls for the 
purpose of prostitution.  Trafficking in persons would be 
charged under statutes pertaining to abduction or kidnapping. 
The GOL generally supports women's rights and all citizens are 
constitutionally guaranteed freedom from slavery and forced 
labor.  The constitution stipulates, "No person shall be held in 
slavery or servitude." 
 
The Child Protection Act of 1980 and the Sexual Offenses Act of 
 
MASERU 00000147  003.2 OF 005 
 
 
2003 can be used to prosecute offenders but do not sufficiently 
address issues of human trafficking. The Child Protection and 
Welfare Bill, which will supersede the Child Protection Act of 
1980, is still waiting to be passed into law.  There is a need 
for enactment of comprehensive legislation to address human 
trafficking in Lesotho. 
 
¶B.      What are the penalties for traffickers of people for 
sexual exploitation? 
 
As trafficking is not legally defined in Lesotho, there are no 
specified penalties. 
 
¶C.  Punishment for Labor Trafficking Offenses? 
 
As trafficking is not legally defined in Lesotho, there are no 
specified penalties. 
 
¶D.  What are the penalties for rape or forcible sexual assault? 
 
The minimum penalty for rape or forcible sexual assault is five 
years and the maximum is the death penalty, depending on the 
nature of the case and the jurisdiction of the magistrate 
presiding over the case. 
 
¶E.  Is prostitution legalized or decriminalized? 
 
The law does not address prostitution, although the Government 
of Lesotho and NGOs have often addressed increased youth 
prostitution though the media. 
 
¶F.  Has the government prosecuted any cases against traffickers? 
 
No. 
 
¶G.  Is there any information or reports of who is behind the 
trafficking? 
 
Unofficial reports of Chinese and Nigerian organized criminal 
groups were reported in 2004, but no similar reports have 
surfaced in 2006. 
 
¶H.  Does the government actively investigate cases on 
trafficking? 
 
No, as trafficking is not legally defined in Lesotho.  The 
government does prosecute related offenses. 
 
¶I.  Does the government provide any specialized training for 
government officials in how to recognize, investigate, and 
prosecute instances of trafficking? 
 
No. 
 
¶J.  Does the government cooperate with other governments in the 
investigation and prosecution of trafficking cases? 
 
As trafficking is not legally defined in Lesotho, there is no 
specific cooperation with other governments. 
 
¶K.  Does the government extradite persons who are charged with 
trafficking in other countries? 
 
As trafficking is not legally defined in Lesotho, there is no 
evidence on record of such extraditions. 
 
¶L.  Is there evidence of government involvement in or tolerance 
of trafficking, on a local or institutional level? 
 
No, there is not. 
 
¶M.  Have any government officials been prosecuted for 
involvement in trafficking? 
 
No. 
 
¶N.  If the country has an identified child sex tourism problem 
(as source of destination), how many foreign pedophiles has the 
government prosecuted or deported/extradited to their country of 
origin?  Do the country's child sexual abuse laws have 
extraterritorial coverage (similar to the U.S. PROTECT ACT)? 
 
The country has not been identified as having a child sex 
tourism problem.  Although anecdotal information indicates a 
busload of children was smuggled to South Africa, there has been 
no official response.  In June 2001, Lesotho ratified ILO 
Convention 182 concerning the worst forms of child labor.  The 
Rights of the Child Convention was ratified in April 1992.  The 
Protocol to Prevent, Suppress, and Punish Trafficking in 
 
MASERU 00000147  004.2 OF 005 
 
 
Persons, especially Women and Children, Supplementing the UN 
Convention against Transnational Organized Crime is under 
discussion for ratification. 
 
 
 
¶30. PROTECTION AND ASSISTANCE TO VICITMS 
 
¶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? 
 
The Ministry of Health and Social Welfare and the Lesotho Child 
Counseling Unit (LCCU) offer help to vulnerable and abused 
children, but not specifically to victims of trafficking. 
 
¶B. Does the government provide funding or other forms of support 
to foreign or domestic NGOs for services to victims? 
 
Since there are no NGOs for trafficking victims in Lesotho, the 
GOL provides no funding to such NGOs. 
 
¶C. Do the government's law enforcement and social services 
personnel have a formal system of identifying victims of 
trafficking among high-risk persons with whom they come in 
contact (e.g. foreign persons arrested for prostitution or 
immigration violations)? Is there a 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? 
 
As trafficking in persons is not defined by law in Lesotho, no 
such referral programs exist. 
 
¶D.  Are the rights of victims respected, or are victims 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? 
 
No, as trafficking is not legally defined in Lesotho, 
trafficking victims are not treated as a distinct legal group. 
 
¶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 a former 
employer, is the victim permitted to obtain other employment or 
to leave the country pending trial proceedings?  Is there a 
victim restitution program? 
 
As there is no specific legislation against trafficking in 
persons, such activities and programs do not exist in Lesotho. 
 
¶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 housing benefits to victims 
or other resources to aid the victims in rebuilding their lives? 
Where are child victims placed (e.g. in shelters, foster-care, 
or juvenile justice detention centers). 
 
The Ministry of Health and Social Welfare and the Lesotho Child 
Counseling Unit (LCCU) offer help to vulnerable and abused 
children, but not specifically to victims of trafficking. 
 
¶G.  Does the government provide any specialized training for 
government officials in recognizing trafficking and in the 
provision of assistance to trafficked victims, including the 
special needs of trafficked children? 
 
Lesotho provides no such training and there are no official 
reports or indication that citizens of Lesotho are being 
trafficked to foreign countries. 
 
¶H.  Does the government provide assistance, such as medical aid, 
shelter, or financial help, to its repatriated nationals who are 
victims of trafficking? 
 
The Ministry of Health and Social Welfare and the Lesotho Child 
Counseling Unit (LCCU) offer help to vulnerable and abused 
children, including repatriated nationals, but not specifically 
to victims of trafficking. 
 
¶I.  Which international organizations or NGOs, if any, work with 
trafficking victims?  What type of services do they provide? 
 
MASERU 00000147  005.2 OF 005 
 
 
What sort of cooperation do they receive from local victims, 
then post should explain thoroughly.  Funding, personnel, and 
training constraints should be noted, if applicable. Conversely, 
the lack of political will to address the problem should be 
noted as well. 
 
According to the Ministry of Justice and Human Rights, a 
committee will be established which will be composed of the 
Police Child and Gender Protection Unit, UNICEF, the Ministry of 
Justice, and representatives of the NGO community.  As this 
committee has not yet convened, the contributions of its various 
member organizations are not yet known.  In rural areas, 
volunteers from NGOs, local schools, and other organizations 
assist potential victims. 
 
¶3.  (U) POC on trafficking issues: Christopher Smith, 
PD/ECON/POL Officer; TEL: +(266) 22-312-666, ext. 4104; e-mail: 
SmithCM3@state.gov 
PERRY