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RR RUEHWEB

DE RUEHAN #0164/01 0601152
ZNR UUUUU ZZH
R 291152Z FEB 08
FM AMEMBASSY ANTANANARIVO
TO RUEHC/SECSTATE WASHDC 1016
INFO RUCNSAD/SOUTHERN AF DEVELOPMENT COMMUNITY COLLECTIVE
RUEHFR/AMEMBASSY PARIS 0973
RUEHRO/AMEMBASSY ROME 0061
RUEHRL/AMEMBASSY BERLIN 0008
RUEHSW/AMEMBASSY BERN 0021
RUEHPL/AMEMBASSY PORT LOUIS 0436
RUEAWJA/DEPT OF JUSTICE WASHDC
RUEHC/DEPT OF LABOR WASHDC
RUEATRS/DEPT OF TREASURY WASHDC

UNCLAS ANTANANARIVO 000164 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
PARIS FOR AFRICA WATCHER 
DEPT FOR G/TIP, G, INL, DRL, PRM 
DEPT FOR AF/E BEYZEROV 
DEPT FOR AF/RSA 
DEPT PLEASE PASS TO USAID 
 
E.O. 12958: N/A 
TAGS: PHUM KCRM KWMN SMIG KFRD ASEC PREF ELAB MA
SUBJECT:  MADAGASCAR 2007 TRAFFICKING IN PERSONS REPORT 
 
REF: A) STATE 2731 
     B) 07 ANTANANARIVO 1137 
     C) 07 ANTANANARIVO 0723 
     D) 07 ANTANANARIVO 0557 
     E) 07 ANTANANARIVO 161 
     F) 06 STATE 202745 
     G) 05 ANTANANARIVO 680 
 
¶1.  (U) SUMMARY:  Madagascar is not a country of origin, 
transit or destination for internationally trafficked men 
and women.  During the year, there were reports of labor 
and sex trafficking in persons (TIP) within the country's 
borders.  Cultural values; poverty; low-level corruption; 
lack of awareness, funding, and capacity; and (until 
December 2007) the domestic legal framework all hampered 
the Government of Madagascar's (GOM) efforts to combat 
trafficking.  Against these odds, the GOM significantly 
increased its prosecution efforts, including the adoption 
of a comprehensive law defining TIP and sanctions against 
traffickers, specialized training for law enforcement 
officers, the prosecution of foreign pedophiles, and the 
punishment of local government officials who facilitated 
TIP.  The government adopted a National Action Plan for the 
Fight Against All Forms of Violence Against Children, 
including TIP.  Awareness of trafficking increased in 
Madagascar through a series of aggressive information 
campaigns, while victim protection was enhanced through the 
creation of additional Welcome Centers and Provincial 
Monitoring Units.  Through such efforts, Madagascar remains 
a leader among sub-Saharan African countries.  In light of 
significant progress in the realms of prevention, 
protection, and prosecution, Post looks forward to opening 
a discussion on Madagascar achieving Tier One status in the 
near future.  END SUMMARY. 
 
¶2.  (U) The Embassy Point of Contact for TIP is Political 
Officer Silvana Rodriguez.  Ms. Rodriguez can be reached 
via email at RodriguezSD [at] state.gov, via telephone at 
261.20.22.212.57, or via facsimile at 261.20.22.251.71. 
POLOFF Rodriguez spent approximately 100 hours speaking 
with contacts, researching, and writing this report; 
ECON/POL FSN spent approximately four hours supporting 
those efforts.  The ECON/POL Chief, Regional Security 
Officer, and Defense Attache spent approximately two hours 
during the clearance process. 
 
¶3.  (U) As requested in Ref A, Embassy Antananarivo submits 
the following information, keyed to the questions in 
paragraphs 27-30 that are applicable to Madagascar's 
situation. 
 
-- 27 A-D. (U) Available statistics and reports do not 
indicate that Madagascar is, to any significant degree, a 
country of origin, transit or destination for 
internationally trafficked men and women.  There have been 
reports of Malagasy women working as prostitutes on the 
neighboring (and significantly more affluent) islands of 
Mauritius, Reunion, and Mayotte, but the consensus view is 
that they are generally operating as individual 
entrepreneurs rather than through force, fraud, 
trafficking, or coercion. 
 
(U) In 2004, Madagascar was a country of origin for 
children trafficked through illegal adoption; their 
whereabouts after arriving in the country of destination 
were often unknown.  A new law adopted in 2005 and 
published in 2006 establishing a centralized government 
coordination point for all adoption cases, as well as a 
temporary ban on international adoptions, appeared to have 
effectively dismantled these networks.  Neither UNICEF nor 
government ministries were aware of any cases of 
trafficking of babies through illegal adoption in 2007. 
However, UNICEF has noticed strong resistance from a 
significant number of the 194 individual foster care 
centers around the country, who are trying to circumvent 
the law.  The Ministry of Health established a database for 
foster care centers to track adoption cases. 
 
(U) During the reporting period, there were reports of 
trafficking within the country's borders.  The vast 
majority of cases involved children and young women, mostly 
from rural areas, trafficked for domestic servitude, 
prostitution, forced labor for traveling vendors, and 
possibly mining.  Anecdotal information indicates there may 
be a network of traffickers recruiting children in rural 
areas for employment as domestic workers for more affluent 
families and prostitutes in urban centers, although most 
government officials and NGO contacts believed such 
recruitment was conducted by individuals and not an 
organized network.  While some children working as 
domestics are well treated and attend school, others are 
neglected, exploited and physically or sexually abused. 
The Embassy has received anecdotal information from the 
International Labor Organization (ILO) in the past about 
the recruitment of children in Antananarivo under false 
pretenses for "legitimate" employment in coastal cities as 
waitresses and domestic servants.  There is a confirmed sex 
tourism problem in coastal cities, as well as in the 
capital city of Antananarivo.  Victims are usually girls, 
but Post has increasingly received anecdotal information 
about foreign male tourists seeking sex with underage boys 
in coastal cities.  Embassy research in 2006 and 2007 
indicated much of the sex tourism took place without the 
involvement of any third party, although there were some 
cases of encouragement or facilitation by family members, 
taxi and rickshaw drivers, friends, tour guides, and hotel 
workers. 
 
(U) A significant number of children work in Madagascar's 
various mines, although it is unclear whether these are 
cases of trafficking or simply worst forms of child labor 
undertaken to assist the family in making ends meet.  At 
least 300 children are known to work in the salt mines 
around Tulear, while an unknown number work in the granite 
mines near Antananarivo.  One of the most significant such 
populations exists in and around the gemstone mines 
surrounding the southern town of Ilakaka.  A study 
conducted by an ILO consultant in 2006 showed that of 
Ilakaka's 19,000 child workers, approximately 15,2000 (or 
80 percent) work in the mines, while the rest work as 
domestics and prostitutes.  ILO officials and local 
authorities in Ilakaka believe, and Embassy observers who 
traveled to Ilakaka concur, that most children working in 
the mines are working in the family unit in the less 
lucrative informal sector, often sifting through miners' 
discarded piles of dirt in the hopes of finding stones; 
these do not seem to be cases of trafficking where an 
intermediary benefits from the child labor.  Adolescent 
males flock to the sites and willingly work for extremely 
low wages in the hopes of finding the sapphire that will 
make them rich.  Similarly, local authorities and NGOs 
consulted believe the vast majority of girls working as 
domestics and prostitutes come to Ilakaka and find their 
clients directly of their own will.  While the children 
working in Ilakaka's many sectors endure dismal working 
conditions and are poorly compensated, it is not clear 
these are trafficking cases. 
 
(U) In the Ihosy (south central) region, it is a 
traditional practice for parents to sell their daughters 
into marriage at the cattle market to the "highest bidder," 
i.e. to the man who offers her family the most heads of 
cattle. 
 
(U) In Diego Suarez, Majunga, Manakara, and perhaps in 
other places throughout the country, young girls and boys 
are put to work assisting traveling vendors ("marchands 
ambulants") with the loading and selling of their 
merchandise.  In some cases, they stay on working for the 
vendor as almost free labor; in others, they hitch a ride 
to the final destination where they may be left behind and 
are not always paid for their work.  Post is aware of at 
least one case in Diego Suarez where a young girl was taken 
from her family under fraudulent conditions and forced to 
work for a traveling vendor (REF D). 
 
(U) Traffickers throughout Madagascar (who are mainly 
Malagasy) target three key populations: women and young 
girls for sex, young boys and girls for employment, and 
babies for international adoption.  In the cases of sex and 
labor trafficking, victims are often lured by the promise 
of lucrative jobs.  Friends, family members, guardians, 
taxi/rickshaw drivers, tour guides, or hotel workers may 
approach victims.  Although there are cases where parents 
are complicit, tacitly endorsing the transaction, most are 
unaware of the poor working conditions to which they send 
their children. 
 
(U) Interlocutors insisted these are largely individual 
efforts and not part of a formal network.  However, some 
government officials and NGOS noted an increasing amount of 
organization in the case of sex tourism/trafficking.  They 
shared anecdotal information about foreign pedophiles who 
already had the contact number of the Malagasy intermediary 
who could "introduce" them to the victim even before their 
arrival in-country. 
 
(U) The domestic legal framework, cultural values, poverty, 
low-level corruption, and lack of awareness and capacity 
hamper the GOM's efforts to combat trafficking.  There is a 
societal and cultural acceptance of early sexual activity, 
early childbearing outside of marriage, and prostitution as 
an economic activity.  The 2004 ILO contribution to the 
National Action Plan to Combat Child Labor in Madagascar 
stated, "material rewards and sexuality have always been 
strongly associated in Malagasy society.  A man's 
generosity towards a woman increases both his standing as 
well as [that of] the woman receiving gifts.  In some parts 
of the country, girls from adolescence onward are expected 
to take care of their own material needs beyond food and 
lodging.  It has traditionally been acceptable for girls to 
entertain male friends in separate living quarters to 
obtain clothing or other items.  The step from this custom 
to overt sale of sex is small."  Embassy observers in Nosy 
Be, Diego Suarez, and Fort Dauphin noted the ambivalent 
attitude of parents and the desire of minors to meet and 
marry foreigners as another cultural factor contributing to 
the problem; UNICEF reports from 2003 noted the same 
problems in Tamatave. 
 
(U) Chronic under-funding and a lack of capacity inhibit 
the GOM's ability to take pro-active positions on many 
issues, especially those involving prosecution. 
Nonetheless, the GOM made significant progress in terms of 
prevention, prosecution, and victim protection. 
 
(U) The GOM and local NGOs are anxious to document the 
extent and nature of trafficking; lack of available funding 
and institutional capacity remains a significant 
impediment.  There is no centralized information source of 
trafficking statistics in place.  However, in July the 
government's statistical agency INSTAT, in collaboration 
with the U.S.-funded International Program for the 
Elimination of Labor (IPEC), launched a nationwide 
household survey on child labor and child trafficking that 
will give the first reliable figures on such issues in at 
least a decade.  Results will be published in May 2008. 
All government partners welcomed the launch of the 
Department-funded program to be implemented by the 
Department of Justice that will kick off in April 2008 to 
establish a database for such figures.  In the interim, 
several NGOs continue to work on discrete projects to 
document the welfare and treatment of children.  Catholic 
Relief Services conducted a USAID-funded trafficking survey 
in November 2006, whose findings were used during TIP 
trainings throughout 2007 for implementing partners and 
local leaders in Nosy Be, Tamatave, and Tulear.  This 
reference data was also used for program evaluation and to 
identify information gaps in public awareness. 
 
--27 E. (U) Through mid-2007, the government systematically 
monitored its anti-trafficking efforts through the 
President's Inter-Ministerial Anti-Trafficking Committee, 
which met regularly throughout early 2007 and made 
available their findings (see 30 E for more details). 
 
- - - - - - - - - - - - - - - - - - - - - - - 
INVESTIGATION AND PROSECUTION OF TRAFFICKERS 
- - - - - - - - - - - - - - - - - - - - - - - 
 
-- 28 A,B.  (U) Since the last TIP report, the GOM has 
enacted new legislation designed to combat trafficking in 
persons.  In July the Ministry of Labor released a decree 
listing prohibited forms of child labor, including 
prostitution, domestic slavery and forced labor, and 
clarifying the application of the labor code for child 
workers; perpetrators will be subject to the punishments 
already outlined in the labor code for illegal child labor. 
In August, a new law was adopted prohibiting all forms of 
violence against children, including sexual exploitation 
and punishment of adult exploiters of child prostitutes. 
The legal marriage age was also raised to 18. 
 
(U) In December, the government adopted a wide-ranging law 
defining trafficking in persons, sexual tourism, and sexual 
exploitation, among other crimes, and stipulating sanctions 
for the authors of such crimes, particularly when committed 
against children.  (See 30 H for the complete text of the 
comprehensive law, including sanctions.) 
 
-- 28 A,D,E. (U) Before the adoption of the aforementioned 
laws, traffickers remained liable for prosecution under 
several provisions of the Malagasy Penal and Labor Codes, 
including the Penal Code provision prohibiting pedophilia, 
statutory rape and procurement of minors for prostitution. 
 
(U) Article 331 of the Penal Code states anyone attempting 
to have non-violent sex with a child under the age of 14 
will be punished with five to ten years imprisonment and a 
fine of USD 950 to 4,750 (two to ten million Ariary). 
 
(U) According to Article 334-35 of the Penal Code, pimping 
cases involving minors and and/or the use of force carry a 
sentence of five to ten years imprisonment and fines of USD 
1,900 to 9,500 (four to twenty million Ariary).  Pimping of 
adults carries two to five years imprisonment with a fine 
of USD 475 to 4,750 (one to ten million Ariary).  If 
pimping is conducted by an organized group, the punishment 
is forced labor and USD 1,900 to 19,000 (four to forty 
million Ariary).  If torture or barbaric acts are involved, 
the punishment ranges from "forced labor" to life in 
prison. 
 
(U) According to Article 346-47 of the Penal Code, use of 
children in pornography carries a sentence of two to five 
years imprisonment and a fine of USD 950 to 4,750 (two to 
ten million Ariary).  If the child is under 15 years of 
age, this punishment increases to three to ten years 
imprisonment and a fine of USD 1,900 to 9,500 (four to 
twenty million Ariary). 
 
(U) Under the Malagasy Penal Code, the minimum penalty for 
rape is five years detention.  If the rape involves a 
person less than fifteen years of age, the penalty is five 
years forced labor. 
 
(U) Prostitution is not a crime; however, related 
activities, such as pimping, are illegal.  Only clients of 
underage prostitutes can be prosecuted.  There is a 
regulation (Decree 1111, (1966), of the Malagasy Penal 
Code) barring those under the age of eighteen from 
nightclubs and discotheques and subjecting offending owners 
to fines and jail terms.  The regulation is not enforced 
uniformly due to lack of capacity and resources. 
 
-- 28 C. (U) The law stipulates penalties for trafficking 
for labor exploitation, labor recruiters who engage in 
recruitment of laborers using knowingly fraudulent or 
deceptive offers, and employers who switch contracts 
without the worker's consent as a means to keep the worker 
in a state of service.  Article 262 of the Labor Code 
specifies that the penalties for trafficking for labor 
exploitation and "contractual fraud" are one to three years 
imprisonment and USD 475 to 1,900 (one to four million 
Ariary).  While it is the responsibility of labor 
inspectors to note the infraction, open the investigation, 
and send the case to court, this rarely happens as it is 
difficult to catch an employer in the act. 
 
-- 28 F. (U) As there is no nationwide, centralized 
database of legal cases, the government had difficulty 
providing information on specific trafficking cases. 
Officials at the Ministry of Justice must call each of the 
36 jurisdictions to obtain statistics on such cases.  In 
addition, the absence of a law specifically defining 
trafficking activities and sanctions before December 2007 
made it difficult for government officials to prosecute 
cases and compile reliable statistics.  However, the 
national director of the Brigade of Morals and Minors was 
able to certify that in 2007, they dealt with 1,834 cases 
concerning all forms of abuse against minors. 
 
(U) Still, there were several known cases of trafficking- 
related prosecutions during the reporting period. 
According to UNICEF, between May and October, at least four 
child abusers were prosecuted.  Among them was Swiss 
citizen Andre Pierre Rene Gogniot, who was condemned to 
five years of suspended prison time and expulsion from the 
country for pedophilia and violating the rights of minors. 
Unfortunately, it appears Gogniot fled the country in his 
sailboat; Swiss police are still trying to track him down. 
Also suspected of sexual exploitation of minors in Nosy Be, 
two Mauritians were immediately kicked out of the country, 
according to UNICEF, while two other Mauritians and two 
Germans were arrested and later released for lack of 
sufficient evidence.  In Tamatave, a foreign 
restaurant/hotel owner is awaiting the court's verdict on 
charges of "sexual exploitation" of two girls under the age 
of 18 and one adult woman.  The girls' parents had sent 
them from the countryside to work as waitresses in the 
hotel/restaurant, where the owner sexually exploited them, 
passed them on to other clients for the same purposes, and 
filmed videos of the acts. 
 
(U) In addition, the police in major cities continue to 
enforce existing laws barring minors from nightclubs on a 
regular basis and conduct an average of one round-up of 
nightclubs per month.  Nightclubs were shut down in both 
Nosy Be and Fort Dauphin for letting in minors. 
 
(U) Techniques such as electronic surveillance and 
undercover operations are far too costly to be used by the 
GOM.  However, the State Secretary of Public Security has 
established "morals and minors brigades" in major cities 
whose prosecution activities include conducting traditional 
investigations of a number of child-related issues such as 
pimping, trafficking, and statutory rape. The brigade in 
Fort Dauphin alerted schools that young victims were often 
being contacted by exploiters via cell phones, which were 
promptly banned in many schools.  However, the traffickers 
and victims merely changed their technique of 
communication. 
 
-- 28 G. (U) In July, in collaboration with UNICEF and the 
NGO Groupe Developpement, the government completed a one- 
year Department-funded program to train and assist police, 
gendarmes, magistrates, and social workers in the 
protection of children, including how to recognize, 
investigate and prosecute instances of trafficking.  In 
light of recent child-related legislation, several 
ministries worked with UNICEF and Groupe Developpement to 
develop training manuals on child rights and safeguards for 
police, gendarmes, and magistrates, which will be 
distributed starting in March 2008 (see 29 I for details). 
 
-- 28 H.  (U) The GOM is beginning to actively cooperate 
with other governments in the investigation and prosecution 
of trafficking cases. The GOM has judicial cooperative 
agreements with France (Reunion) and Mauritius that are 
already being used as a basis for multilateral TIP efforts. 
In November 2007, two French magistrates in the neighboring 
island of Reunion were arrested and forced out of their 
positions for their involvement in sex tourism cases 
affecting Madagascar.  Malagasy police also cooperate with 
Interpol. 
 
-- 28 I. (U) The new anti-trafficking law (see 30 H) allows 
the GOM to extradite persons charged with trafficking in 
other countries and permits the extradition of Malagasy 
nationals. 
 
-- 28 J. (SBU) There was indication that local officials in 
areas of high sex tourism, who are frustrated by their 
institution's chronic lack of funding and resources for the 
investigation and prosecution of foreign pedophiles, have 
developed a certain level of tolerance.  Anecdotal evidence 
also suggests local police and magistrates in these areas 
hesitated to prosecute clients of child prostitutes, 
whether for monetary gain or fear of a diplomatic incident. 
Local officials in Nosy Be, Diego Suarez and other high 
tourism areas reported that pressure from parents to keep 
nightclubs open and offenders out of jail ? because these 
may interrupt their source of income ? is significant. 
 
-- 28 K. (U) During the reporting period, the government 
cracked down on direct and indirect government involvement 
in trafficking-related cases at the local level.  In 
conjunction with the prosecution of Swiss citizen Andre 
Gogniot (see 28 F), a joint mission lead by the BIANCO 
anti-corruption agency suspended the Chief of the District 
in Nosy Be for selling fake identity cards to minors, the 
President of the Tribunal for giving Gogniot and other 
foreign pedophiles too light of a sentence, the Prosecutor, 
and the Chief of Government Real Estate.  In July in Fort 
Dauphin, the Ministry of Justice removed the President of 
the Tribunal and the Prosecutor to punish them for lack of 
effectiveness in going after foreign pedophiles. 
 
--28 L. (U) The government provided pre-deployment anti- 
trafficking training to Malagasy soldiers deploying as part 
of a peacekeeping mission.  There were no reports of 
Malagasy soldiers engaging in severe forms of trafficking 
while on mission. 
 
-- 28 M. (U) Madagascar has a confirmed child sex tourism 
problem.  The GOM was unable to provide statistics as to 
the total number of foreign pedophiles prosecuted during 
the year.  However, the Embassy is aware of at least one 
major case in Nosy Be of a foreign pedophile prosecuted in 
2007, others kicked out of the country, and another on 
trial (see 28 F). The countries of origin for sex tourists 
include: France, Italy, Spain, Germany, Switzerland, 
Mauritius, and Reunion. 
 
- - - - - - - - - - - - - - - - - - - 
PROTECTION AND ASSISTANCE TO VICTIMS 
- - - - - - - - - - - - - - - - - - - 
 
-- 29 A. (U) There were no reports of foreign trafficking 
victims. 
 
-- 29 B. (U) A July 2004 UNICEF project proposal states, 
"the government social welfare system is extremely limited 
due to a lack of human resources with relevant background 
and experience, the lack of government budget for 
activities and low government salaries.  Most welfare 
services are provided by international and local NGOs (like 
UNICEF)."  While much of this still holds true, the GOM has 
made steady progress since 2004 to rescue victims and 
assist their reintegration.  The GOM now has three Welcome 
Centers in Antananarivo, Tamatave and Tulear, which assist 
victims of child labor and trafficking.   With USAID 
assistance, a fourth Welcome Center is being constructed in 
Nosy Be.  At these centers, rescued children under the age 
of 15 are reintroduced to the educational system; children 
over 15 receive vocational training and are placed with EPZ 
(Export Processing Zone) companies.  Welcome Center 
physicians also provide medical and psychological 
counseling services, while Ministry of Labor inspectors 
teach rescued victims job-finding skills.  Welcome Centers 
were funded through the government's Public Investors 
Program (PIP).  Post was unable to access information 
regarding the number of victims who benefited from Welcome 
Center services. 
 
(U) The Ministries of Justice and Population collaborated 
to establish counseling centers in Antananarivo and 
Fianarantsoa for adult and child victims of a range of 
abuses, including sexual and commercial exploitation. 
 
(U) The GOM has also established two Provincial Child Labor 
Monitoring Units in Diego Suarez and Antananarivo; it is 
seeking resources to staff a third unit in Tulear. 
 
-- 29 C. (U) Post was unable to access information 
regarding whether the government provides funding or in- 
kind support to foreign or domestic NGOs or international 
organizations.  Given the impoverished state of most 
government ministries, it is unlikely.  The Ministry of 
Civil Services and Labor explained the ILO, one of its 
biggest donors, directly funds NGOs to provide protection 
services for child labor and trafficking victims. 
 
-- 29 D. (U) There is no official screening process in 
place to transfer identified victims to NGOs for care; 
however, the three Welcome Centers and 14 multi-sectoral 
networks play this role in major cities throughout the 
country. 
 
-- 29 F,G,H. (U) Victims' rights are generally respected; 
they are never detained, arrested, jailed or fined. 
Victims are not prosecuted for violations of other laws. 
The GOM encourages victims to assist in the investigation 
and prosecution of trafficking.  Victims may file civil 
suits or seek legal action against the traffickers, and 
their right to seek legal redress is not impeded.  The GOM 
provides shelter, counseling, and reintegration assistance 
for victims through counseling and Welcome Centers (see 29 
B).  While the GOM provides legal protection for victims, 
it does not provide physical protection outside of the 
Welcome Centers. 
 
-- 29 I. (U) The GOM does provide specialized training for 
government officials in identifying trafficking victims and 
in the provision of assistance to trafficked victims (see 
28 G).  The two national police academies include modules 
on the protection of minors in their standard training.  In 
July, in collaboration with UNICEF and the NGO Groupe 
Developpement, the government completed a one-year 
Department-funded program to train and assist police, 
gendarmes, magistrates, and social workers in the 
protection of children, including how to recognize, 
investigate and prosecute instances of trafficking.  The 
program also established Child Friendly Units in police 
stations in Antananarivo.  In light of recent child-related 
legislation, several ministries worked with UNICEF and 
Groupe Developpement to develop training manuals on child 
rights and safeguards for police, gendarmes, and 
magistrates, which will be distributed starting in March 
¶2008. 
 
-- 29 J. (U) There have been no recent cases of repatriated 
nationals who are victims of trafficking. 
 
-- 29 K. (U) International organizations and NGOs such as 
UNICEF, Catholic Relief Services, Belle Avenir (a Malagasy 
NGO), Groupe Developpement (a French NGO), Enfants du Monde 
(a French NGO) have the GOM's endorsement to provide basic 
counseling and other services for trafficking victims. 
(U) Working in coordination with the Ministry of Health, 
UNICEF expanded its financial support and technical 
assistance to child rights and protection networks from 11 
to 14 locations.  These multi-sector networks bring 
together government institutions, NGOs and law enforcement 
officials.  Their main activities include: monitoring cases 
of child abuse and reporting them to the authorities, 
raising awareness of child rights and protection, 
strengthening local coordination, assisting children and 
their families with the legal process, and providing 
psycho-social care, rehabilitation and reintegration.  For 
example, the multi-sector network established in Diego 
Suarez brought together 22 entities from different sectors 
to handle individual cases of child prostitution from the 
initial complaint through the trial, including medical 
assistance and legal advice for victims. 
 
(U) Through Department and USAID funding, Catholic Relief 
Services began working with the Ministry of Justice and 
civil society organizations in late 2006 to assist victims 
and at-risk populations in Nosy Be, Tamatave and Tulear. 
The program in Nosy Be included the establishment of a 
Welcome Center in 2007 and capacity-building assistance to 
women-led NGOs (some of which include former child 
prostitutes).  The programs in Tamatave and Tulear include 
the establishment of two to three additional Welcome 
Centers, vocational training for local NGOs, and income- 
generating activities. 
 
(U) Groupe Developpement works throughout the country to 
provide the following services for young female victims of 
commercial sexual exploitation: psychosocial services, 
welcome center and night shelters, remedial education, 
recreational alternatives, and vocational training. 
 
- - - - - - 
PREVENTION 
- - - - - - 
 
-- 30 A. (U) The GOM freely and publicly acknowledges that 
trafficking is a problem in Madagascar.  There is a clear 
political will at the highest levels to combat trafficking 
in persons.  The President has expressed his commitment -- 
both personal and political -- to eliminate trafficking in 
Madagascar.  The President listed this goal as one of the 
priorities in the Madagascar Action Plan (MAP) launched in 
2006, which will guide the country's development policy 
over the next five years.  The President's personal push 
for anti-trafficking and anti-sex tourism legislation, as 
laid out in his opening speech at the National Women's 
Leadership Conference (REF B), led to the speedy drafting 
and adoption of such a law in December 2007. 
 
-- 30 B. (U) TIP awareness continues to increase in 
Madagascar through aggressive information campaigns 
reaching thousands.  In light of the fact that many of the 
young people who fall into trafficking and forced labor 
leave school prematurely and lack awareness of their rights 
and economic alternatives, the government's prevention 
campaigns took a holistic, empowering approach by 
addressing a number of related issues that play a role in 
the overall problem.  Given the absence of educational or 
economic alternatives in most areas where trafficking is 
prevalent, awareness programs sometimes fall on deaf ears. 
 
(U)  The Ministry of Justice:  Throughout the reporting 
period, the Ministry of Justice conducted trainings for: 40 
representatives from various women's NGOs on workers' 
rights, including the worst forms of child labor and sexual 
exploitation; 30 representatives from the multi-sector 
child protection networks in Fort Dauphin, Tamatave, and 
Diego Suarez on child trafficking; and 120 magistrates, 
lawyers and clerks on new sexual exploitation legislation. 
The Ministry distributed manuals on combating child 
trafficking to all members of Parliament and 1,000 copies 
of the penal code to police throughout Madagascar.  The 
Ministry conducted TIP awareness-raising sessions for 200 
residents of high-risk neighborhoods in Antananarivo; the 
staff of ten hotels in Nosy Be; and 1,000 clients of three 
legal clinics in Antananarivo, Mananjary, and Fort Dauphin. 
The Ministry also conducted national television and radio 
programs educating the public about the new law regarding 
TIP, sex tourism, sexual exploitation, etc., (see 30 H) and 
the new adoption procedures.  The Ministry also organized a 
television debate about exploitative child labor.  As the 
lead ministry in the recently adopted National Action Plan 
in the Fight Against All Forms of Violence Against Children 
(see 30 F), the Ministry held meetings clarifying the roles 
of each of the 30 responsible government actors. 
 
(U) The Ministry of Civil Services and Labor:  During the 
reporting period, the Ministry of Civil Services and Labor 
continued implementing its 15-year National Plan to Combat 
the Worst Forms of Child Labor, which often overlapped with 
anti-TIP efforts.  The National Steering Committee Against 
Child Labor made up of high-level government, donor, civil 
society, and religious group representatives mobilized 
resources to raise public awareness for the World Day 
Against Child Labor in seven regions throughout the 
country.  In addition to the existing Regional Committee to 
Combat Child Labor (CRLTE) in the north, two additional 
CRLTE were established in the southwest and the east coast. 
Local officials also participated in ILO-organized 
stakeholders' workshops around the country to combat child 
labor by identifying intervention strategies and partners. 
In May as part of the ongoing "red card campaign" to raise 
awareness about the fight against child labor, the Ministry 
worked with the Malagasy Soccer Federation to conduct 
awareness campaigns in Majunga and Sambava.  Ministry 
representatives participated in an ILO training in Italy on 
human slavery and forced labor. 
 
(U) The Ministry of Youth and Sports:  The Ministry of 
Youth and Sports designed an internal three-year anti-TIP 
action plan for 2007 to 2009.  Its activities throughout 
the reporting period all contributed toward the goals it 
hopes to attain in 22 target zones throughout the country 
by the end of 2009: to reduce the population of TIP victims 
by 20 percent; to ensure 50 victims receive social 
services; to raise awareness among 500,000 youth through 
social mobilization, radio and television, and other means; 
to recruit 80 percent of local authorities to play an 
active role; and to train 110 youth animators/educators. 
 
(U) The State Secretary of Public Security (SSPS):  The 
SSPS has set up "morals and minors" police brigades to 
conduct both prevention and prosecution activities.  At the 
current time, brigades are operational in: Tulear, Ile 
Sainte Marie, Nosy Be, Fort Dauphin, Morondave, Tamatave, 
Majunga, Diego Suarez, Fianarantsoa, Ambositra, and 
Antsirabe.  The eventual goal is to set up such brigades in 
each of the 22 regions.  Working closely with parent and 
religious organizations, the SSPS has continued its 
educational and awareness raising campaigns on child 
exploitation, statutory rape, prostitution, and legislation 
concerning the protection of minors, with a particular 
focus on speaking to students in schools.  As a result of 
these awareness-raising initiatives, the SSPS has noticed 
the number of people stepping forward to file child-related 
complaints has significantly increased. 
 
(U) The Ministry of Interior:  The Ministry of Interior 
continued the UNICEF-financed birth registration campaign 
kicked off in 2005.  Before that time, Madagascar had no 
uniform birth registration system, a weakness traffickers 
have exploited to traffic children whose very existence is 
not documented anywhere.  According to a 2003-04 study by 
INSTAT, the government's office of statistical studies, 25 
percent of children in the country under the age of five 
were not registered.  Since March 2007, 80 percent of the 
population in 119 districts has benefited from ministry-run 
awareness campaigns about the importance and procedures of 
birth registration.  Ministry technicians started 
computerizing birth certificates in each of the 5,000-plus 
communes.  The Ministry issued retroactive birth 
certificates in over 119 districts. 
 
(U)  The Ministries of Health, Education, and Culture and 
Tourism also continued their TIP awareness-raising 
campaigns targeting children and tourism industry workers, 
respectively. 
 
-- 30 C. (U) The Government actively cooperates with NGOs 
and international organizations, including ILO and UNICEF, 
on issues related to trafficking.  NGO opinions and policy 
recommendations are regularly sought and implemented. 
Civil society is generally weak in Madagascar; their 
participation is limited to a few local NGOs and 
organizations that are actively involved in anti- 
trafficking initiatives.  All of these partners were 
involved in the consultative process that lead up to the 
adoption of the National Action Plan to Fight All Forms of 
Violence Against Children in December 2007 (see 30 F). 
 
-- 30 D. (U) The GOM adequately monitors immigration and 
emigration patterns from Ivato International Airport in 
Antananarivo.  Madagascar is an island nation with 5,000 
kilometers of porous and unprotected coastline.  The only 
resources available to patrol the coast consist of a 2003 
USG donation of seven U.S. Coast Guard motor lifeboats. 
There are occasional direct and/or charter flights that 
bypass Ivato and fly directly to the tourist island of Nosy 
Be.  Cruise ships make occasional ports of call around the 
island.  Most travel via the coast occurs by ferry traffic 
between Comoros and Madagascar that is not monitored. 
Recent at-sea disasters have confirmed that Madagascar does 
not track personnel numbers or identification of personnel 
using these ferries.  Monitoring standards for these 
flights and ships are far lower than those employed at 
Ivato. 
 
-- 30 E. (U) From 2004 through mid-2007, the GOM's anti- 
trafficking efforts were coordinated by the Inter- 
Ministerial Anti-Trafficking Committee spearheaded by the 
President's Office.  The committee included representatives 
from the Ministries of Labor, Education, Culture, Tourism, 
Youth and Sports, Defense, Justice, Health/Population, 
Foreign Affairs, Interior, and Public Security, and met on 
a bi-annual basis through early 2007.  Due to government 
reorganization starting in mid-2007 and the movement for a 
more comprehensive and coordinated government effort to 
protect children, the same ministries (in coordination with 
international organizations, NGOs, and major donors) are 
now working together under the leadership of the Ministry 
of Justice to achieve the objectives in the recently 
adopted National Action Plan for the Fight Against All 
Forms of Violence Against Children, which includes TIP (see 
30F for details).  Trafficking issues are also addressed by 
the National Committee to Combat Child Labor (CNLTE is the 
French acronym).  The CNLTE features representatives from 
the GOM, NGOs and civil society. 
 
(U) The government created a National Committee to Fight 
Corruption (CSLCC is the French acronym) in September 2002, 
since renamed the Committee for the Safeguard of Integrity 
(CSI), to design anti-corruption policy.  BIANCO, the 
independent anti-corruption bureau, was launched in 2004 to 
conduct investigations and implement CSI directives. 
Neither CSI nor BIANCO representatives are members of the 
anti-trafficking or child labor committees, but the Embassy 
has recommended their inclusion. 
 
-- 30 F.  (U) Following an extensive consultative process 
including representatives from all concerned government 
ministries (see 30 E), regional governments, international 
organizations like the World Bank, UNICEF and ILO-IPEC, 
NGOs, civil society, religious organizations, media, and 
the diplomatic community, the GOM adopted the National 
Action Plan to Fight Against All Forms of Violence against 
Children in December 2007, valid for the period from 2008 
to 2011.  The plan concentrates on six axes: child labor, 
child trafficking, sexual exploitation, psychological and 
physical mistreatment and abandon, child justice, and 
information and research.  It lays out detailed plans to 
achieve the following nine objectives throughout the six 
axes by 2011: 1) to raise public awareness regarding all 
subjects relative to children's rights in the fight against 
violence against children; 2) to ensure and support the 
harmonization of legal texts with international 
conventions, as well as the diffusion of legal texts 
throughout all participating sectors; 3) to strengthen the 
capacity of all stakeholders to intervene for the 
protection of children; 4) to assure the extension of child 
protection efforts to cover all forms of violence against 
children; 5) to improve knowledge of the system of services 
available, as well as any gaps in those systems; 6) to 
enhance and strengthen prevention and response coordination 
mechanisms; 7) to integrate the fight against all forms of 
violence against children into budget planning at the 
national, regional, and communal levels; 8) to ensure that 
the sectors and community organizations involved have the 
capacity to collect statistics, as well as to track, 
evaluate and render conclusions about the status of 
violence against children; and 9) to ensure the 
establishment, follow-up, and evaluation of this national 
action plan in an inter- and multi-sector approach. 
 
-- 30 G.  The GOM has taken a number of measures to reduce 
the demand for commercial sex acts.  In October 2007, 
President Ravalomanana issued a stern warning to would-be 
sex tourists in his opening speech at the National Women's 
Leadership Conference, "To the foreigners who come here 
looking for young girls, I say change your behavior."  He 
warned that a severe law would be passed and enforced to 
rein in sex tourism.  The law, which includes strict 
punishments for all parties committing, facilitating, or 
turning a blind eye to commercial sex acts, was adopted 
within two months (see 30 H).  The government continued 
with its national awareness campaign by posting posters 
warning sex tourists of the consequences throughout 
airports and hotels, including a full-page warning in the 
customs booklet given to arriving international passengers. 
The government publicized the trials and convictions of 
several sexual exploiters and pedophiles (see 28 F) to 
dissuade future would-be sex tourists. 
 
-- 30 H:  The text of the law adopted in December making 
trafficking illegal is as follows: 
 
"The National Assembly and the Senate have adopted the Law 
during their respective session on December 7, 2007, and 
December 17, 2007, with the following content: 
 
Article One.-  The present draft law is designed to: 
- implement prevention measures against trafficking in persons, 
sexual exploitation and sexual tourism 
- modify and complete some provisions of the Criminal Code so 
as to: 
 
rule over any form of trafficking in, sale of, abduction and 
exploitation of persons; prevent and fight against trafficking 
in persons; sanction traffickers; protect and assist 
trafficking in persons victims by fully respecting their basic 
rights, specifically to prevent women and children from 
becoming new victims. 
 
CHAPTER ONE 
ON PREVENTION 
 
Article 2.- So as to fight against trafficking in, sale of, 
abduction and exploitation of persons, including children, 
the programs, social initiatives and other measures of 
information, education and communication to be broadcasted 
through the media throughout the national territory by all 
authorized structures, as well as the measures of coverage 
by the Government, are determined by a decree issued by the 
Cabinet. 
 
Article 3.- The cooperation of Non-Governmental 
Organizations, multi and bilateral agencies, foreign 
Governments, and civil society with the Government must be 
effective for the implementation of the established 
programs and measures. 
 
Article 4.- An office, to be established within the conditions 
determined by a decree issued by the Cabinet will be in charge 
of determining the types of valid and necessary transportation 
documents, detecting the necessary means and methods used by any 
individual or group to organize the trafficking of persons. 
 
CHAPTER II 
MODIFICATIONS OF THE CRIMINAL CODE 
 
Article 5.- After article 331, an article numbered 331 bis 
is included and worded as follow: 
 
"Art. 331 bis: Anyone violating morals by exciting, 
enhancing or facilitating, in order to satisfy anyone's 
passions, debauchery, corruption or child prostitution 
regardless of gender, is sentenced to forced labor for 
life." 
 
Article 6.- After article 333 bis, three articles numbered 
333 ter, 333 quarter and 333 quinto are included and worded 
as follows: 
 
"Art. 333 ter: 
 
¶1. A child is defined as a human being aged below 
eighteen years old. 
 
¶2. The phrase "trafficking in persons" refers to the 
hiring, transportation, transfer, accommodation or 
welcoming of persons through threats or use of force or 
other forms of constraint, abduction, fraud, deceit, 
oppression or abuse of a situation of vulnerability, or by 
offering or accepting payments of benefits in order to have 
the consent of a person having authority over another 
person for the purpose of exploitation or illegal adoption 
of a child by an individual called trafficker. 
 
¶3. Exploitation includes the exploitation of the 
prostitution of any individual or other forms of sexual 
exploitation, non-compensated work, forced labor or 
services, domestic work by children, slavery or any 
practices similar to slavery, servitude or organ retrieval. 
 
¶4. Sexual exploitation of a child, regardless of gender, 
for commercial purposes refers to the action through which 
an adult obtains services from a child to have sexual 
intercourse in exchange for a compensation or a benefit in 
kind or in cash given to the child or to one or several 
third parties as provided in articles 334 to 335 bis of the 
Criminal Code, with or without the child's consent. 
 
¶5. Sexual tourism refers to the fact that a native or a 
foreigner is on travel, regardless of the purpose, and has 
sexual intercourse in exchange for a financial compensation 
or any other benefits with children or prostitutes, these 
latter themselves looking for sexual intercourse in order 
to obtain any benefit. 
 
¶6. Pornography featuring children refers to any 
representation, regardless of the means, of a child 
performing explicit sexual activities, genuine or 
simulated, or any representation of a child's sexual 
organs, for mainly sexual purposes. 
 
¶7. The phrase "sale of children" refers to any action or 
transaction requiring the transfer of a child from a person 
or a group of persons to another person or another group of 
persons in exchange for compensation or any benefit. 
 
The displacement or non-return of a child is considered as 
illegal when there has been a violation of custody rights 
allocated to an individual, an institution or any other 
organization, alone or jointly, according to the law 
applicable in the State where the child had his/her usual 
residence immediately before his/her displacement or non- 
return." 
 
"Art. 333 quarter: Trafficking in persons, including 
children, as well as sexual tourism and incest, constitute 
violations. 
 
Is considered as a child trafficker: 
 
¶1. Anyone who hires a child, transports him/her, 
transfers him/her, or accommodates him/her in exchange for 
compensation or any other benefit of promise of 
compensation or benefit, so as to make him/her available to 
a third party -- even unidentified, in order to allow the 
said child to suffer the violations provided for and 
sentenced by articles 334 and following on sexual 
aggressions and attacks, exploitation of mendacity, working 
or accommodation conditions against his/her dignity, even 
if they use none of the means stipulated in article 333 
ter; 
 
¶2. Anyone who proceeds to the illegal transportation and 
sale of children, regardless of the form and the purpose, 
namely sexual exploitation, forced labor, slavery, 
practices similar to slavery and servitude, with or without 
the victim's consent; 
 
¶3. Anyone who, knowing for a fact the existence of 
pimping, sexual exploitation or sexual tourism, fails to 
disclose or notify the facts to the relevant authorities, 
in compliance with the provisions of article 69 and 70 of 
the law No. 2007-023 of August 20, 2007, on children's 
rights and protection, is considered as an accomplice. 
 
Acts of participation are considered as separate 
violations." 
 
"Art. 333 quinto: The consent of victims of trafficking in 
persons for exploitation is considered null and void, when 
any of the means listed in article 333 quarter in used." 
 
Article 7.- After article 334 bis, three articles numbered 
334 ter, 334 quarter and 334 quinto are inserted and are 
worded as follows: 
 
"Art. 334 ter: Anyone who hires, involves in or abducts for 
prostitution, an individual even if (s)he consents, is 
sentenced to two (2) to five (5) years of imprisonment and 
a fine of USD 540 to 5,400 (1,000,000 to 10,000,000 
Ariary). 
 
If the violation has been committed on a child under 
fifteen years of age, regardless of gender, the perpetrator 
is sentenced to forced labor for life." 
 
"Art. 334 quarter: Sexual exploitation, as defined by 
article 333 ter, is punishable by five (5) to ten (10) 
years of imprisonment and a fine of USD 2,170 to 10,800 
(4,000,000 to 20,000,000 Ariary). 
 
Any perpetrator committing sexual exploitation is sentenced 
to forced labor for life if committed on a child aged below 
fifteen years of age, regardless of gender. 
 
If the sexual exploitation is committed for commercial 
purposes on a child aged below eighteen years of age, the 
perpetrator is sentenced to forced labor for life." 
 
"Art. 334 quinto: Anyone who has sexual intercourse with a 
child in exchange for any form of compensation or benefit 
is sentenced to two (2) to five (5) years of imprisonment 
and a fine of USD 540 to 5,400 (1,000,000 to 10,000,000 
Ariary). 
 
Any attempt to commit this crime is subject to the same 
sentences." 
 
Article 8.- After article 335, nine (9) articles numbered 
335.1, 335.2, 335.3, 335.4, 335.5, 335.6, 335.7, 335.8, 
335.9 are included and are worded as follow: 
 
"Art. 335.1: Any perpetrator who commits sexual tourism, as 
defined by article 2, 4' of the present law, is sentenced 
to five (5) to ten (10) year of imprisonment and a fine of 
USD 2,170 to 10,800 (4,000,000 to 20,000,000 Ariary). 
 
Any perpetrator who commits sexual tourism is sentenced to 
forced labor for life if committed on a child below fifteen 
tears of age, regardless of gender. 
 
Pornography featuring children, regardless of 
representation and means, or the detention of pornographic 
materials involving children is subject to the sentences 
provided for by article 334 of the Criminal Code." 
 
"Art. 335.2: The father or mother or other ascendant, who 
encourages directly or indirectly child prostitution by 
letting a child live a liberal and independent life, thus 
enhancing sexual exploitation and/or tourism on the child, 
in a national or international setting, is sentenced to 
five (5) to ten (10) year of imprisonment and/or a fine of 
USD 2,170 to 10,800 (4,000,000 to 20,000,000 Ariary). 
 
The same sentences apply if the perpetrator is either the 
brother or the sister of the underage victim or any 
individual holding a similar position in the family, i.e. 
any individual usually or occasionally living with the 
child and having authority over the child." 
 
"Art. 335.3: Any sexual intercourse among close parents or 
siblings up to 3rd degrees, in a direct or collateral line, 
whose marriage is prohibited by the law; or any sexual 
abuse committed by the father, the mother or any other 
ascendant or any individual having authority over a child 
is considered incest. 
 
Anyone who commits incest is sentenced to forced labor for 
life if the act is committed on a child. 
 
In other cases of incest, the perpetrator is sentenced to 
five (5) to ten (10) year of imprisonment and a fine of USD 
2,170 to 10,800 (4,000,000 to 20,000,000 Ariary). 
 
"Art. 335.4: Anyone who has violated the rules set forth by 
the provisions of adoption law in order to commit an 
illegal adoption, a fact that constitutes trafficking in 
persons, shall be sentenced to forced labor for life." 
 
"Art. 335.5: Any attempt of trafficking in persons, sexual 
exploitation in any form, sexual tourism and incest that 
has been manifested by the beginning of a completion, even 
if it has not been suspended or if it only missed its 
effects because of circumstances independent from the 
perpetrator's willingness, is considered as an action in 
itself and shall be subject to the same sentences." 
 
"Art. 335.6: The child victim of violations related to 
trafficking in persons, sexual exploitation, sexual tourism 
and incest can, at any time, notify or apply to the public 
prosecution or any other competent authority, on the facts 
committed to him/her and claim damages for the prejudice 
suffered." 
 
"Art. 335.7: Concerning violations related to trafficking 
in persons, sexual exploitation, sexual tourism and incest 
committed on a child, the prescription period of the legal 
proceedings starts only after the date on which the child 
reaches eighteen years of age. 
 
In case the perpetrator is detained prior to the trial, the 
deposit of guaranty bond as provided by articles 346 and 
following of the Criminal procedure code may not be used." 
 
"Art. 335. 8: The sentences provided for the violations of 
trafficking, sexual exploitation, sexual tourism and incest 
committed on a child are pronounced immediately, regardless 
of the means used to exploit or abuse the victim." 
 
"Art. 335. 9.- The sentences pronounced for the crimes 
related to the violations on trafficking in persons, sexual 
exploitation, sexual tourism and incest committed on a 
child may not be deferred." 
 
Article. 9.- After article 335 bis, three articles numbered 
335 ter, 335 quarter and 335 quinto, are included and are 
worded as follows: 
 
"Art. 335 ter: Nationals and individuals having residence 
in Madagascar and who are involved in trafficking in 
persons, sexual exploitation and sexual tourism in other 
countries are persecuted and sentenced according to the 
provisions of the Criminal Code." 
 
"Art. 335 quarter: The requests for extradition for 
individuals searched for a legal procedure in a foreign 
State are completed for violations provided for in the 
present law or so as to help execute a sentence related to 
such violation. 
 
The procedures and principles provided by the extradition 
treaty in effect between the requesting State and 
Madagascar are applied. 
 
In the absence of extradition treaty or legislative 
provisions, the extradition is completed according to the 
procedure and in compliance with the principles determined 
by the typical extradition treaty adopted by the General 
Assembly of the United Nations in its resolution 45/116." 
 
CHAPTER III 
FINAL PROVISIONS 
 
Article 10.- Regulatory texts will be drafted to implement 
the present law. 
 
Article 11.- The present Law shall be published in the 
Official Journal of the Republic of Madagascar. 
 
It shall be executed as a State law." 
 
CASEBEER