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Viewing cable 08BANJUL86, THE GAMBIA: 2008 TRAFFICKING IN PERSONS

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Reference ID Created Released Classification Origin
08BANJUL86 2008-02-29 09:15 2011-08-26 00:00 UNCLASSIFIED//FOR OFFICIAL USE ONLY Embassy Banjul
VZCZCXRO0847
PP RUEHMA RUEHPA
DE RUEHJL #0086/01 0600915
ZNR UUUUU ZZH
P 290915Z FEB 08
FM AMEMBASSY BANJUL
TO RUEHC/SECSTATE WASHDC PRIORITY 8069
INFO RUEHC/DEPT OF LABOR WASHDC
RUEAWJA/DEPT OF JUSTICE WASHDC
RUEATRS/DEPT OF TREASURY WASHDC
RUEAHLC/HOMELAND SECURITY CENTER WASHINGTON DC
RUEHLMC/MILLENNIUM CHALLENGE CORP
RUEHZK/ECOWAS COLLECTIVE
UNCLAS SECTION 01 OF 12 BANJUL 000086 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
DEPT FOR G/TIP, G, INL, DRL, PRM, IWI, AF/W, AF/RSA 
STATE FOR USAID 
 
E.O. 12958: N/A 
TAGS: ASEC ELAB KCRM KFRD KWMN PHUM PREF SMIG
GA 
SUBJECT: THE GAMBIA: 2008 TRAFFICKING IN PERSONS 
REPORT 
 
BANJUL 00000086  001.2 OF 012 
 
 
REFTEL: STATE 02731 
 
1.  (U)  In accordance with Reftel, Embassy Banjul 
provides its submission to the 2008 Trafficking in 
Persons (TIP) Report. 
 
2. (SBU)  OVERVIEW: 
 
A.  The Gambia is a country of origin, transit, and 
destination for victims of trafficking, mainly women 
and children.  Due to its porous borders, The Gambia 
is a destination for victims internationally 
trafficked from other West African countries, mainly 
Senegal, Sierra Leone, Liberia, Ghana, Nigeria, Guinea 
Bissau, Guinea, and Benin.  Trafficked victims in The 
Gambia are often found in the Greater Banjul Area and 
are used as beggars, street sellers, domestics, and 
sex workers.  The Gambia is also a country of origin 
and transit point for West African trafficking victims 
seeking to reach Europe via air.  There have also been 
increasing reports of instances of trafficking and 
smuggling operations out of The Gambia via sea using 
fishing boats as a means to reach Europe through Cape 
Verde and the Canary Islands.  The distinction between 
migrant smuggling and trafficking is often blurred by 
government officials and journalists reporting on such 
issues. 
 
Locating detailed data on trafficking is a significant 
challenge in The Gambia.  Much of the information is 
anecdotal and based on interviews and opinions of 
officials working in victim protection and law 
enforcement. Statistics or estimates relating to the 
number of trafficking victims are difficult to attain. 
As one government official noted, ?TIP is taking 
place, but the mode and method of trafficking can be 
difficult to determine.?  International agencies such 
as UNICEF often partner with local NGOs to address 
trafficking, but their reports do not provide a full 
picture of the scope of the problem. 
 
The majority of anti-trafficking efforts and studies 
have focused on at-risk and exploited children, many 
of whom are not Gambian, as detailed below. 
 
B.  In 2007 The Gambia's TIP ranking moved down from 
the TIP Tier Two to the Tier Two Watch List.  The 
Gambian government has made some progress in 
implementing the recommendations made in the Watch 
List Action Plan, though some agencies have been more 
active than others.  In recent years, there has been a 
marked improvement in the government's overall 
awareness of and action against TIP across all of the 
responsible agencies.  Political will to address the 
problem remains steadfast and progress continues, 
though implementation of anti-TIP laws has been slow 
and the National Anti-TIP Action Plan has yet to be 
finalized by the government.  A key highlight for this 
reporting period include the swift passage of a 
comprehensive Trafficking in Persons Act in September 
2007, and actions by various government agencies to 
facilitate the identification of potential traffickers 
and the care of vulnerable children. 
 
The government remains focused on child trafficking. 
Children are trafficked to, from, and within The 
Gambia to Koranic schools where they are forced to 
beg.  These children, known as "almudus," are a 
growing cause of concern for the entire region.  The 
tradition of sending children away for Koranic 
education has extremely sensitive cultural and 
religious roots, yet there is a growing awareness that 
many parents send their children to live with 
"marabouts" (Islamic teachers) expecting they will 
receive an education when in fact they spend most of 
their time begging or engaging in petty trade.  Though 
the incidence of "almudus" has gained greater public 
and government attention in recent years, the 
phenomenon remains problematic.  Many almudus report 
being beaten and otherwise mistreated by their 
marabouts. 
 
BANJUL 00000086  002.2 OF 012 
 
 
 
Child trafficking from surrounding countries remains a 
pressing problem in the region due to poverty and 
political instability, and many refugees from 
countries such as Sierra Leone or Liberia reside in 
The Gambia.  For example, an ongoing joint project 
carried out by UNICEF, the Christian Children's Fund 
(CCF), and the Department of Social Welfare found that 
38 percent of street children sampled in 2006 were 
from other countries in the sub-region.  More recent 
anecdotal evidence shows that an even larger number of 
these children are not from The Gambia.  In February 
2008, the Director General of Immigration issued a 
public statement that alien ?almudus? could face 
deportation as part of a government crackdown on 
street begging, and in late February, over 60 non- 
Gambian almudus were deported.  Additionally, as part 
of this crackdown, it was reported that 15 street 
beggars and almudus were arrested, and shortly 
thereafter released.  All of the almudus were from 
Mali, Senegal, or Guinea and none were Gambian.  Their 
marabout was given a strict warning to take better 
care of his students and to instruct them to desist 
from begging and provide them with proper food and 
shelter.  The children were not given access to 
government shelter or counseling. 
 
The Gambia is a tourist destination with over 100,000 
annual visitors, mostly from Europe.  Women and 
children are trafficked internally and from other West 
African countries to The Gambia as sex workers.  It is 
common to see older European men and women with late 
teenage African girls and boys on the beaches and in 
the tourist areas.  The sex trade in younger children 
has probably not been eliminated, but it has been 
driven underground by enforcement efforts.  Organized 
networks using travel agencies are suspected but have 
not been uncovered. 
 
Domestic servitude is another common form of internal 
and cross-border trafficking, though the perpetrators 
are often unwitting, as this type of employment has 
cultural roots and is not considered a crime by many. 
These cases are rarely, if ever, brought to court. 
 
The first major case of trafficking uncovered in The 
Gambia, the 2004 government raid in Brufut known as 
the "Ghana Town" case, was detailed in the 2005 
report.  Lessons learned from the handling of that 
case resulted in signing of an agreement between the 
governments of Ghana and The Gambia for increased 
bilateral coordination on trafficking issues.  The 
negative effects of extensive media coverage and 
failure to protect the identities of the victims 
helped mobilize stakeholders to develop a media Code 
of Conduct adopted by the Gambia Press Union in 2005. 
 
A developing concern in The Gambia is the role of 
illegal migrant smugglers in human trafficking, using 
sea and air routes.  The government often regards 
attempted migrant smuggling as a crime of trafficking, 
particularly as several children have been intercepted 
in smuggling attempts.  Cases concerning such illicit 
activity were heard in the courts during the reporting 
period, and government officials were confident that 
some children being smuggled would have ended up as 
trafficking victims if not intercepted.  There are 
varying opinions as to the degree of organization in 
trafficking in the country, though there is general 
agreement that The Gambia is used as a strategic point 
in trafficking operations.  It is suspected that 
adoption scams are becoming increasingly problematic, 
and the police have warned that TIP victims in The 
Gambia and the rest of the sub-region could easily 
fall into the hands of rebel groups and terrorist 
organizations. 
 
C.  The Departments of State for Justice, Health 
(Social Welfare), Foreign Affairs, Interior (Police 
and Immigration), Tourism, and Trade, and the National 
Intelligence Agency (NIA) are all involved in anti- 
 
BANJUL 00000086  003.2 OF 012 
 
 
trafficking efforts, and several departments have 
dedicated child protection divisions.  The military, 
particularly the Navy, the Tourism Security Unit (TSU) 
and the Child Protection Unit (CPU), is playing an 
increasing role in prevention and enforcement.  The 
Department of State for Justice, as Executive 
Secretariat of the Anti-TIP Task Force, has a lead 
 
SIPDIS 
role in coordinating anti-TIP efforts and has a 
designated TIP desk officer; however, the Justice 
Department remains short-staffed.  Coordination 
between some agencies on TIP is improving and 
officials recognize the need for further capacity 
building and cooperative efforts.  For example, the 
police units have a social welfare officer responsible 
for victims' rights and liaising with the Department 
of Social Welfare.  However, as previously mentioned, 
the Anti-TIP Task Force needs to meet more regularly; 
its last official gathering was in August 2006, though 
some members met in June 2007 as part of a U.S. 
Embassy-sponsored briefing.  A more comprehensive 
inter-agency effort is needed, as are improved 
communications and information sharing. 
 
D.  There is acknowledgement at the highest levels of 
government that trafficking exists in The Gambia. 
Interviews with police and immigration officials 
demonstrate a sincere will to combat trafficking, and 
particularly to protect women and children from all 
forms of abuse.  However, the ability of officials to 
effectively act on this will is limited by poor 
training, lack of resources, and limited understanding 
of and training based on the new comprehensive anti- 
trafficking law.  Government officials also cite 
cultural and social barriers to reporting rape, 
domestic welfare and abuse issues as hampering TIP 
eradication efforts. 
 
Government corruption, while a problem, is slowly 
being addressed and has not affected efforts to combat 
TIP.  Officials recognize the need to devise a clear, 
coherent strategy to address TIP when it comes to 
enforcement and prosecution.  Interagency coordination 
has been weak on the subject of trafficking, but the 
government established a TIP Task Force in 2003 and is 
finalizing a National TIP Action Plan, which remained 
pending while attention was focused on drafting the 
new trafficking legislation, the 2007 Trafficking in 
Persons Act.  Lack of funding and resources is a 
problem, but the government is devoting manpower and 
limited resources to combat TIP.  There is also a 
varying, though often significant, amount of anti-TIP 
funding from international donors in The Gambia, both 
foreign governments and NGOs. 
 
E.  Systematic monitoring of anti-trafficking efforts 
is limited, but the interagency Anti-TIP Task Force 
serves as a forum where progress is evaluated on all 
fronts -- prosecution, prevention, and victim 
protection.  The U.S. Embassy attends and speaks at 
these meetings, and in June 2007 Embassy officials 
briefed several Task Force members on pressing TIP 
issues, including the Tier Two Watch List Short Term 
Action Plan for the country.  However, the group has 
not met independently since 2006, and its members 
acknowledge it needs to meet more frequently to 
finalize and implement the National TIP Action Plan. 
The 2007 Trafficking in Persons Act provides for the 
establishment of a National Agency against Trafficking 
in Persons, to be managed by a Board of Directors. 
When the Agency is operational, the Board will consist 
of: a Chairperson; the Solicitor General and Legal 
Secretary; the Permanent Secretary of the Department 
 
SIPDIS 
of State for Health and Social Welfare; the Permanent 
Secretary of the Department of State for Foreign 
 
SIPDIS 
Affairs; the Permanent Secretary of the Department of 
State for the Interior; the Permanent Secretary of the 
Department of State for Trade, Industry, and 
Employment; a high-ranking representative from the 
Police, Immigration Department, and National 
Intelligence Agency; and four other persons from the 
private sector, including two from NGOs with a 
 
BANJUL 00000086  004.2 OF 012 
 
 
specialized interest in TIP. 
 
Officials from all agencies are forthcoming, albeit 
disorganized, when information is requested on the 
government's anti-TIP efforts.  As noted earlier, this 
is more often in the form of opinions and conjecture, 
rather than data and specifics.  This reflects the 
Government's very limited data collection, 
compilation, and assessment capacity across the board. 
A new initiative by the government?s Department of 
Social Welfare with support from UNICEF instituted a 
countrywide database for child protection in February 
2008 with fact-checked data collected from the field. 
The system now needs to be networked and developed 
further. 
 
3. (SBU)   INVESTIGATION AND PROSECUTION OF 
TRAFFICKERS 
 
A.  The comprehensive Trafficking in Persons Act, 
which brings Gambian domestic law in line with the 
2005 TVPA requirements, was unanimously passed in the 
National Assembly on September 6, 2007, and the 
President enacted it on October 5, 2007.  It covers 
trafficking for sexual and non-sexual purposes and 
both internal and transnational trafficking.  The Act 
defines TIP as follows: 
 
?Trafficking in persons means ? 
     (a) the recruitment of, provision of, 
transportation of, transfer of, harboring of, receipt 
of, or trading in, persons; 
     (b) the use of threat, force or other forms of 
coercion, abduction, kidnapping, fraud, deception, the 
abuse of power, or a position of vulnerability; or 
     (c) the giving or receipt of payments or benefits 
to achieve the consent of a person having control over 
another person, 
     for the purposes of exploitation within or across 
national borders. 
 
Trafficking in persons also includes ? 
     (a) placement for sale, bonded placement, 
temporary placement, placement for service, where 
exploitation by another person is the motivating 
factor; and 
     (b) transportation of another person within and 
across an international border for the purpose of 
exploiting that person?s prostitution.? 
 
The 2005 Children?s Act, another key piece of 
legislation, also prohibits trafficking and sets the 
penalty for trafficking in children to life in prison, 
along with a substantial monetary fine.  The law also 
outlaws child marriage (under 18) and raises the 
minimum labor age for most types of work to 16.  In 
accordance with the Act, the first Children's Court 
was launched in February 2006, held its first session 
in March 2006, and has met in camera on a weekly basis 
ever since.  However, the Court?s rules of procedure 
have yet to be established, and training is needed for 
the panelist members of the court, hampering its 
effectiveness.  No convictions for child trafficking 
have been made under the Act as yet.  The 2003 Tourism 
Offenses Act specifically addresses the problem of 
child sex tourism and outlaws child sexual 
exploitation and trafficking in children.  The 
Gambia's Criminal Code, while not addressing 
trafficking specifically, has provisions on 
kidnapping, abduction, buying, selling, and 
exploitation of persons. 
 
B.  The penalty for sexual and labor exploitation is 
ten years imprisonment, and the law generally does not 
differentiate between the two.  There are several laws 
which stipulate penalties for trafficking and 
exploitation.  Under the Children's Act, the penalty 
for trafficking children for such purposes is life 
imprisonment.  The Trafficking in Persons Act sets the 
penalty for trafficking at the payment of a fine and 
15 years to life imprisonment.  Where trafficking 
 
BANJUL 00000086  005.2 OF 012 
 
 
includes the rape or the death of a victim, or child 
victims, the penalty is a fine and life imprisonment. 
The Tourism Offenses Act specifies that convicted 
traffickers or exploiters are subject to a fine and at 
least five to fourteen years imprisonment, depending 
on the particular crime of exploitation.  No sex 
traffickers were convicted during the reporting period 
 
C.  The laws do not differentiate between sexual and 
labor exploitation, and the penalties for such acts 
are detailed above.  Criminal prosecution for 
convicted exploitative employers or labor agents only 
applies to labor recruiters or agents in The Gambia, 
which is both a source and destination country of 
exploitative labor.  Any actions against employers or 
agents involved in transnational cases would need to 
be directed to the government or diplomatic mission of 
the countries involved.  The Trafficking in Persons 
Act provides Gambian courts with jurisdiction to try 
offenses whether they are committed by a Gambian 
citizen, resident, or someone present in The Gambia 
who has not extradited.  Jurisdiction extends to 
offenses committed anywhere if they are either 
citizens or residents of The Gambia.  The offenses 
listed in the Act are regarded as extraditable under 
the country?s Extradition Act.  There are no laws that 
specifically deal with fraudulent or deceptive labor 
offers or practices, though the Trafficking in Persons 
Act covers these incidents where they pertain to some 
form of trafficking or exploitation. The Trafficking 
in Persons Act also specifies that persons acting as 
intermediaries in trafficking or employers of victims 
of trafficking are subject to a fine and a sentence 
ranging from fifteen years to life imprisonment. 
There were no convictions of labor traffickers during 
the reporting period. 
 
D.  The penalty for rape is life imprisonment, which 
is comparable to the penalty for child trafficking and 
child sexual exploitation and the penalties for rape 
in conjunction with trafficking (outlined above in 
Section B).  The penalty for attempted rape is seven 
years imprisonment.  These penalties are generally 
enforced, though in some cases the maximum penalty for 
rape has not been utilized.  The courts take such 
cases seriously, particularly where children are 
concerned, and act much more quickly than in other 
judicial matters.  For example, when a Guinean 
national was charged with raping a young girl in 
February 2008, the initial hearing took place very 
soon after the incident, thought the case was ongoing 
at the end of the reporting period.  However, societal 
taboos often limit the reporting of sex crimes. 
 
E.  Prostitution and related activities are illegal. 
Police tend to hold periodic raids where prostitutes 
are rounded up, detained, and then released.  The 
police operate independently in these raids and need 
to be sensitized to treat the women as potential 
trafficking victims.  There has been no prosecution of 
pimps or establishments that condone or cater to 
prostitution. 
 
F.  No traffickers have been convicted in The Gambia, 
largely due to a lack of evidence and/or poor 
documentation for a successful prosecution.  Reported 
TIP cases often involved migrant smuggling rather than 
trafficking; for example, cases involving Senegalese 
men arraigned for human trafficking in The Gambia 
revealed that the men were attempting to smuggle 
people onto a boat in Gambian waters, but no grounds 
for actual trafficking were mentioned.  Migrant 
smugglers have been tried and convicted.  In September 
2007, a Cape Verde national was sentenced to seven 
years in prison for attempting to kidnap a child. 
 
Prosecutors note the societal barriers to reporting 
trafficking and abuse cases are compounded by the lack 
of codified enforcement procedures and investigation 
techniques for security forces.  The new trafficking 
legislation has not yet been used in prosecuting 
 
BANJUL 00000086  006.2 OF 012 
 
 
trafficking cases, and public knowledge of the law is 
limited.  Prosecution is further hampered by an 
unwillingness of Gambians to report suspecting 
trafficking cases or to publicly testify in such 
cases.  Officials report instances when charges are 
dropped or witnesses or victims have changed their 
testimonies thus destroying any potential case.  There 
have been significant efforts by NGOs to reduce this 
problem.  The media Code of Conduct mentioned above 
protects the identity of children involved in criminal 
cases. 
 
When potential foreign traffickers are stopped at the 
border or apprehended in The Gambia, officials tend to 
either deny entry or deport the foreigner to his home 
country, with no follow-up action taken.  Various 
agencies are working to make improvements in this 
area. 
 
It is difficult to get up to date, reliable 
information on the status of trafficking cases and 
investigations.  This is partly due to the fact that 
multiple agencies are involved in anti-trafficking 
efforts with limited coordination between actors.  A 
second reason is the government's reluctance to share 
information that will be publicly released when a case 
is still under investigation. 
 
The Gambian legal system is slow, inefficient and 
sometimes ineffective.  It is worth noting that this 
applies across the board to all criminal cases and is 
not unique to trafficking cases. 
 
G.  While limited government funding for anti-TIP 
efforts is problematic, NGOs and IOs such as UNICEF 
often take the lead in training efforts for government 
agencies.  For example, UNICEF is working with the 
Department of State for Education to train teachers 
about the potential risks affecting vulnerable 
children.  In April 2007, the government, the 
government of Sweden, and NGOs hosted a summit on 
trafficking, illegal migration, and sexual 
exploitation in tourism, which was chaired by a 
prominent government official.  A U.S. Embassy 
official made a presentation on trafficking at the 
summit.  In November 2007 the CPA held a sensitization 
workshop on child rights and protection for tour 
guides to educate them on how to combat child sexual 
exploitation in the tourism areas.  Officials from the 
Department of Social Welfare also took part in the 
activities.  The CPA also conducts such workshops for 
security personnel: in April 2007 rural security 
forces were trained, and in June 2007 army, 
immigration, and police officers were addressed. 
Internal trainings related to TIP were also carried 
out within government departments and agencies. 
Government officials were also specifically trained by 
outside partners.  For example, during the reporting 
period, the Director of Social Welfare was trained by 
the U.K. Social Services Agency on law enforcement and 
interviewing techniques for child victims, and also 
took part in a regional IOM training on evidence 
collection. 
 
H.  In the wake of the 2004 Ghana Town case and 
concerns of the growing problem of trafficking and 
smuggling operations of Ghanaians in The Gambia, there 
was extensive dialogue between the two governments on 
cooperation in trafficking cases.  In 2005 a bilateral 
agreement was signed between The Gambia and Ghana to 
establish formal channels for cooperation on combating 
TIP, and bilateral legislation on child trafficking is 
in the final stages of drafting.  A memorandum of 
understanding was signed between The Gambia and Spain 
in 2006 and a formalized agreement which includes 
provisions for cooperation in combating TIP was 
ratified in March 2007.  The government is prepared to 
sign a multi-lateral agreement among the ECOWAS states 
that will further formalize and streamline regional 
anti-TIP efforts once it is finalized.  The Gambian 
government works closely with governments and NGOs 
 
BANJUL 00000086  007.2 OF 012 
 
 
from European countries that are concerned about the 
sex tourism trade in The Gambia. 
 
I.  There has been no formal extradition into or out 
of The Gambia in regards to trafficking.  However, the 
government has shared information with foreign 
governments that has led to prosecution in their home 
countries in sex tourism cases. 
 
J.  There is no evidence of official tolerance of 
trafficking in The Gambia.  Government officials are 
vocal in condemning TIP and have made well-publicized 
statements in popular media outlets.  There is concern 
over the appropriate way to deal with the problem of 
"almudus" and disagreement among officials over 
whether the children are trafficking victims.  CPA and 
other NGOs, as well as the Department of Social 
Welfare, have implemented programs to sensitize rural 
communities, security forces, teachers, parents, 
lawyers, and traditional religious leaders to the 
dangers of TIP. 
 
K.  To Post's knowledge, no government officials have 
been accused of or investigated for trafficking. 
While there are no specific cases to refer to, police 
and immigration officials are often perceived to be 
corrupt and ineffective.  Corruption in regards to 
trafficking, particularly among lower-ranking law 
enforcement officers, cannot be ruled out. 
 
L.  There have been no cases of Gambian nationals 
deployed on peacekeeping or other missions who have 
been suspected of or charged with engaging in or 
facilitating severe forms of trafficking or exploiting 
victims of such trafficking.  Any such convicted 
suspects would be subject to investigation and 
conviction under the provisions of Trafficking in 
Persons Act. 
 
M.  Child sex tourism is a problem in The Gambia, 
which is a destination country for such activities. 
The Gambia has extraterritorial agreements with the 
United Kingdom and The Netherlands for pedophilia 
offenses, but no deportations, extraditions, or 
prosecutions reportedly occurred during the past year. 
Countries of origin for sex tourists include many 
northern European countries which are also countries 
of origin for the majority of tourists in The Gambia. 
The laws regarding child sexual abuse do not have 
extraterritorial coverage; any such prosecution 
involving countries not involved in extraterritorial 
agreements would have to take place via diplomatic 
channels.  Under the Trafficking in Persons Act, 
however, suspects who remained in-country would be 
subject to prosecution.  The problem cited by security 
force officials is that most suspected sex tourists 
are in the country for too brief a time to make a case 
against them, and many have learned to avoid the major 
tourist areas and have gone underground.  The Tourism 
Security Unit (TSU) has proposed that the Department 
of State for Justice establish a fast-track court to 
deal with child sexual exploitation cases involving 
foreign tourists. The TSU is also working with the 
Gambia Tourism Authority (GTA) to compile a database 
to profile suspected and/or convicted pedophiles 
and/or traffickers.  The TSU is also working to 
uncover sex offenders who are using informal 
accommodations during their stay in The Gambia, while 
the GTA is involved in international efforts to combat 
child sex tourism.  The GTA also works with the CPA 
and government agencies on child sexual exploitation 
cases. 
 
4. (SBU)  PROTECTION AND ASSISTANCE TO VICTIMS: 
 
A.  The government did not specifically identify 
foreign trafficking victims during the reporting 
period, though some ?almudus? from other countries 
found begging in the streets were returned back to 
their countries of origin.  The percentage of these 
almudus provided with counseling and shelter is 
 
BANJUL 00000086  008.2 OF 012 
 
 
unclear. The Trafficking in Persons Act provides for 
temporary residence visas pending criminal, civil, or 
other legal actions. 
 
B.  The country has victim care facilities, including 
a 24-hour shelter for child victims, available for 
victims of child trafficking, though no specialized 
facilities for TIP victims currently exist.  Foreign 
victims are provided with care if they are referred to 
the Department of Social Welfare, which is usually the 
first point of contact for victims of trafficking and 
child abuse.  Social Welfare and partner NGOs provide 
security, health practitioners, and counselors for 
child victims, and works with victims and foreign 
embassies to try to reunite foreign victims with their 
families abroad.  Generally, however, the police are 
first responders when problems are initially reported 
and they work with Social Welfare on TIP-related 
cases.  The Tourism Security Unit and Police?s Child 
Protection Unit also refer children to an NGO, SOS 
Children?s Village, for care.  There are also 
specialized police officers in major police stations 
countrywide to assist and counsel victims, and return 
them to their homes if it is deemed appropriate. 
Plans are underway to open a second government-run 
shelter in the Upper River Region (URR), a rural area 
in The Gambia's eastern region that is several hours 
from the capital. 
 
As previously mentioned, the Trafficking in Persons 
Act provides for the establishment of a National 
Agency against Trafficking in Persons, which has not 
yet been formed.  It also details a Fund for Victims 
of Trafficking to be managed by the Agency.  The Fund 
will, inter alia, provide assistance of victims to 
trace their families and provide training in various 
skills as a rehabilitative measure.  The Act also 
provides or increased victim care by, inter alia, 
providing for temporary care and counseling of 
victims, ensuring victims are not subjected to 
discriminatory treatment, and allowing victims to 
access health, legal, psychological, and other social 
services while in temporary care.  Because the Fund 
has not yet been implemented, no victims have been 
assisted to date. 
 
The government has also established a 24-hour hotline 
number, 199, that directly connects callers to the two 
dedicated officers from the Department of Social 
Welfare.  Although the number is called a family 
assistance hotline, it is also advertised as an 
available resource for victims of trafficking. 
However, few trafficking cases are called in; 
according to the Department of Social Welfare, most 
trafficking cases are detected by security forces 
instead.  Social Welfare officials work closely with 
security forces, including the National Intelligence 
Agency, on potential trafficking cases. 
 
The ongoing UNICEF, Christian Children's Fund, and 
Department of Social Welfare project for street 
children, including victims of trafficking, in the 
greater Banjul area, aims to provide a safe 
environment for such children through a center 
providing non-formal education, recreational 
activities, counseling, and medical and hygiene 
services.  Two social workers from Social Welfare are 
assigned to the center, and a nurse visits twice a 
week. 
 
C.  Due to meager resources, the government is unable 
to provide funding to NGOs and international 
organizations, but collaborates with such 
organizations on trainings, sensitization campaigns, 
and personnel involvement as detailed throughout this 
report. 
 
D.  There is no formal screening or referral process 
yet in place.  Social Welfare is the lead agency in 
protection of trafficking victims, though few such 
victims are reported.  The Director works closely with 
 
BANJUL 00000086  009.2 OF 012 
 
 
all security forces, NGOs, and support services, and 
networks on an ad hoc basis to provide shelter and 
care when the issue of victim assistance arises. 
Social Welfare held a national conference in April 
2007 for children, adults, government officials, and 
other stakeholders to adopt the national strategic 
plan of action on orphans and vulnerable children 
(OVCs) for 2007-2015.  The document outlines methods 
of promotion and protection of the rights of this at- 
risk group, including implementation of the Children?s 
Act.  It is expected that the protection process will 
become more streamlined as the Trafficking in Persons 
Act and plan of action on OVCs are enforced.  The 
Director of Social Welfare acknowledges that progress 
in this area will be slow as many Gambians require 
education about trafficking to acknowledge, identify, 
and address the problem in the country; her department 
is adopting a community-based approach to increase 
awareness of trafficking and assist victims.  The 
government also documents refugees, especially 
unaccompanied minors, who are perceived as vulnerable. 
 
E.  Does not apply. 
 
F.  There have not been enough active trafficking 
cases in The Gambia to make an assessment about 
respect for victims' rights.  It is conceivable that 
some victims would be treated initially as criminal 
suspects; for example, a prostitute picked up in a 
raid would be brought to the police station.  However, 
if trafficking were suspected or identified it is 
likely that Social Welfare would intercede on behalf 
of the victim.  Sensitization trainings conducted 
throughout the year have attempted to make security 
officers capable of identifying and assisting 
potential trafficking victims.  The presiding 
magistrate of the Children?s Court has identified the 
need for a juvenile rehabilitation center for 
potential juvenile offenders, since they cannot 
legally be held with adults in jails and the police 
often place such suspects in holding cells with 
adults, sometimes for extended periods. 
 
G.  Government officials indicate that they would 
encourage victims to assist in the investigation and 
prosecution of trafficking, although they feel most 
victims are unwilling to come forward and report cases 
due to cultural stigma.  No known incidents of such 
victim assistance took place during the reporting 
period.  Awareness-raising campaigns are in place in 
an effort to change this.  Under the Trafficking in 
Persons Act, victims, regardless of their immigration 
status, are able to bring civil action against 
traffickers and anyone else, including public 
officials, who have exploited or abused the victim. 
However, no such actions were taken during the year. 
Victims of sexual violence are permitted to provide 
evidence to the court in camera.  Due to a lack of 
prosecutions under the Act, it is unclear if victims 
are permitted to obtain other employment or to leave 
the country pending trial proceedings.  The Act also 
provides for a victim?s ?compensation, restitution and 
recovery for economic, physical and psychological 
damages to be met from the assets of the convicted 
trafficker.? 
 
H.  There are now two shelters available for victims 
of child trafficking in The Gambia, the new 24-hour 
government shelter cited previously and the existing 
day shelter funded by Standard Chartered Bank.  For 
cases involving adult victims of trafficking, Social 
Welfare would secure shelter on an ad-hoc basis by 
appealing to a variety of NGOs that assist women in 
need.  The number of trafficking victims assisted is 
not available.  The new Trafficking in Persons Act 
provides for several rehabilitative and support 
measures for all victims of trafficking. 
 
I.  The government takes advantage of every 
opportunity presented to train and further educate 
government officials in recognizing and combating TIP, 
 
BANJUL 00000086  010.2 OF 012 
 
 
but has serious financial constraints.  During the 
reporting period, the Child Protection Unit of the 
Gambia Armed Forces and Defense Department conducted 
workshops for various security enforcement units.  The 
Department of Social Welfare has also worked with 
security forces to train them in victim care.  As 
detailed throughout this report, the government has 
worked with domestic and international NGOs to train 
government officials in trafficking-related issues, 
particularly those related to children.  However, Post 
knows of no training on protections and assistance to 
The Gambia's embassies and consulates in foreign 
countries; the limited resources available to the 
government make such training highly unlikely, though 
relationships between embassies and consulates and 
NGOs would likely be encouraged. 
 
J.  The government has not been involved in assisting 
its repatriated nationals who were victims of 
trafficking, as most Gambians repatriated during the 
year were illegal migrants.  No such cases were 
addressed by the government this year.  It is likely 
that such assistance would attempt to reunite the 
victim with their families, and under the Trafficking 
in Persons Act, repatriated victims are eligible for 
government-provided care and rehabilitative measures. 
 
K.  UNICEF is the lead international organization in 
The Gambia when it comes to TIP.  UNICEF reports have 
been the first attempt at determining the extent of 
the child trafficking problem in The Gambia.  CPA 
works closely with UNICEF and has been the lead agency 
in awareness raising and lobbying on behalf of child 
victims of trafficking.  Both agencies have strong 
contacts and lines of communication with the Gambian 
government and have worked closely with European-based 
NGOs and government agencies that deal with 
trafficking and children?s issues.  Catholic Relief 
Services (CRS) has a presence in The Gambia and has 
indicated a desire to play a larger role in assessing 
and combating TIP.  The International Organization for 
Migration (IOM) has a presence in The Gambia, and is a 
member of the Anti-TIP Task Force.  Though the 
government is currently unable to provide significant 
assistance to TIP victims due to funding, personnel, 
and training constraints, it works closely with NGOs, 
though it is unable to support their efforts 
financially.  The regulations set forth in the 
Trafficking in Persons Act provide for further 
government involvement in victim assistance, as 
previously detailed. 
 
5. (SBU)  PREVENTION: 
 
A.  The government acknowledges, at the highest 
levels, that trafficking exists in The Gambia.  For 
example, the Attorney General and Secretary of State 
for Justice, Director of the Department of Social 
Welfare, leaders of the security forces, and the 
Speaker of the National Assembly have all expressed 
their concern about trafficking and have worked to 
curb trafficking, especially child trafficking. 
 
B.  There were no government-run anti-trafficking 
information and education campaigns during the 
reporting period, but the GTA continued to promote its 
leaflet version of the Code of Conduct for the 
Protection of Children in the tourist areas, though it 
is unclear how widely it was distributed.  Other 
programs were implemented by NGOs and IOs in 
collaboration with the government, mostly targeting 
communities and potential victims of trafficking. 
 
C.  The relationship between government, NGOs, and 
CSOs on trafficking, as noted above, is cooperative in 
The Gambia, and trainings and workshops are held among 
the various stakeholders.  The government recognizes 
that it lacks the capacity to thoroughly combat TIP, 
and it welcomes the involvement and support of other 
elements of society.  Many of the workshops and 
campaigns detailed in this report are examples of 
 
BANJUL 00000086  011.2 OF 012 
 
 
cooperation between government and civil society, and 
several NGO and CSO leaders in The Gambia were 
formerly government officials, or vice-versa. 
 
D.  Although there is no comprehensive analysis of 
emigration and immigration patterns for evidence of 
trafficking, the Director General of Immigration has 
demonstrated a keen desire to eliminate cross-border 
trafficking in The Gambia.  In accordance with ECOWAS 
standards, no minor is allowed to cross the border 
without a parent or proof of parental consent to 
travel.  Law enforcement officials have voiced 
frustration that they sometimes feel powerless to act 
when a traveler can produce a real, albeit suspicious, 
birth certificate showing either family relationship 
or an over-18 birth date.  The Director General 
reports close cooperation with his counterparts in 
Senegal and Guinea Bissau on international trafficking 
issues and cases.  The National Drug Enforcement 
Agency, which is active in both the government's 
Illegal Migration Task Force and the Anti-TIP Task 
Force, is working to quickly enact an anti-money 
laundering and counterfeiting regime that aims to curb 
resource flows to trafficking networks. 
 
Immigration, customs, and security officials are 
increasingly embracing their role in combating TIP. 
For example, a mobility assistance unit comprised of 
security agents patrols the country's borders and, 
with the assistance of the Navy, the seafront. 
Undercover intelligence work has uncovered minors 
attempting to illegally emigrate, many of whom were 
suspected victims of trafficking, or were considered 
as such by the government.  However, security 
officials note the need for further cooperation and 
training in TIP awareness and victim care and 
interviewing techniques. 
 
E.  There is a multi-agency task force, detailed 
above, that works on TIP. It needs to meet more 
frequently, and coordination among task force members 
needs to be strengthened, though it is expected that 
the new Anti-TIP Agency outlined in the 2007 
Trafficking in Persons Act, once instated, will 
eventually replace the task force.  The concerned 
agencies need to reach agreement on the proper way to 
implement legislation dealing with trafficking. 
Government efforts to tackle and investigate public 
corruption declined somewhat during the reporting 
period, and there was no task force for corruption. 
 
F.  The government has a draft National TIP Action 
Plan.  The Department of State for Justice is the lead 
agency for drafting the action plan, with input from 
all stakeholders, including NGOs.  However, the 
Department, which also serves as the secretariat of 
the government's Anti-TIP Task Force, was focused on 
the finalization and passage of the Trafficking in 
Persons Act, and little progress has been made on the 
action plan since the last report. 
 
G.  The government?s Tourism Security Unit has been 
effective in patrolling the Tourism Development Area, 
the zone most frequented by tourists, to combat child 
sex tourism, commercial sex acts and other crimes. 
Gambians entering such areas generally must show 
identification to prove they are not commercial sex 
workers.  The police arrest suspected prostitutes, as 
mentioned above. 
 
H.  Not required of Post. 
 
I.  The Trafficking in Persons Act is applicable to 
Gambian nationals abroad, and as such, should cover 
those deployed as part of peacekeeping or similar 
missions.  A sensitization campaign for those deployed 
on TIP is necessary. 
 
6.  (U)  Post contact is Political/Economic Officer 
Menaka M. Nayyar, telephone +220 439-2856 x 2300, fax 
+220 439-2475, email NayyarMM2@state.gov. 
 
BANJUL 00000086  012.2 OF 012 
 
 
 
7. (U)  The number of hours spent per embassy officer 
and respective ranks are as follows: 
- Political/Economic Officer, FP-04, 50 hours 
- Deputy Chief of Mission, FS-02, 2 hours 
- Chief of Mission, ES-00, 2 hours 
 
WELLS