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Viewing cable 08KIGALI137, RWANDA 2007 TRAFFICKING IN PERSONS REPORT

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Reference ID Created Released Classification Origin
08KIGALI137 2008-02-27 15:02 2011-08-24 00:00 UNCLASSIFIED//FOR OFFICIAL USE ONLY Embassy Kigali
VZCZCXYZ0000
PP RUEHWEB

DE RUEHLGB #0137/01 0581502
ZNR UUUUU ZZH
P 271502Z FEB 08
FM AMEMBASSY KIGALI
TO RUEHC/SECSTATE WASHDC PRIORITY 5138
INFO RUEAWJA/DEPT OF JUSTICE WASHINGTON DC
RUEAHLC/HOMELAND SECURITY CENTER WASHINGTON DC
RUEHC/DEPT OF LABOR WASHDC
RUEATRS/DEPT OF TREASURY WASHDC
UNCLAS KIGALI 000137 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
DEPT FOR G/TIP, G, INL, DRL, PRM, AID, AND AF/RSA 
 
E.O. 12958: N/A 
TAGS: KCRM PHUM KWMN SMIG KFRD ASEC PREF ELAB RW
SUBJECT: RWANDA 2007 TRAFFICKING IN PERSONS REPORT 
 
REF: SECSTATE 02731 
 
1.  Post submits the following information for the 2007 
Trafficking in Persons report.  Responses are keyed to reftel. 
 
------------- 
27. CHECKLIST 
------------- 
 
A. Rwanda is a source country for small numbers of women and 
children trafficked for sexual exploitation, domestic labor, 
and, in the case of male minors, child soldiering.  There was 
one report of a small number of children in the Eastern 
Province being sent to Uganda for labor purposes, and reports 
of a Democratic Republic of Congo (DRC)-based armed group 
recruiting and trafficking Congolese from refugee camps for 
use as forced laborers or child soldiers in the DRC.  There 
were no reliable statistics available on the extent of the 
trafficking problem in Rwanda, but it is generally considered 
to be very small.  The Rwandan National Police monitor 
trafficking cases, and reported none in the last year.  Girls 
who head households and girls who work as domestic laborers 
are most at risk of sexual exploitation.  According to the 
2002 Rwandan National Census of Population and Housing, 
352,550 children aged 6 to 17 were engaged in child labor, 
11.9 percent of whom as domestic workers.  A 2002 joint study 
conducted by the Ministry of Public Service and Labor and 
UNICEF estimated 2,140 child prostitutes in Rwanda. 
 
B. As stated above, there were some reports of women and 
children being trafficked for sexual exploitation, domestic 
labor, and child soldiering.  The largest trafficking problem 
was underage prostitution; small numbers of impoverished 
girls, typically between the ages of 14 and 18, used 
prostitution as a means of survival, and some were exploited 
by loosely organized prostitution networks.  Due to the 
genocide and deaths from HIV/AIDS, there were numerous 
children who headed households, and some of these children 
resorted to prostitution or may have been trafficked into 
domestic servitude.  There were no changes to the extent of 
trafficking in Rwanda, which remains only a minor problem, 
though government efforts to combat gender-based violence 
(GBV), to improve community policing, and other measures to 
support vulnerable populations will likely have a positive 
impact in the coming years. 
 
There is no indication that small crime groups or larger 
organized crime syndicates are involved in trafficking in 
Rwanda, nor that employment, travel, and tour agencies or 
marriage brokers are involved with or fronting for 
traffickers. 
 
C. The Rwandan National Police, the Ministries of National 
Service and Labor, of Education, of Gender and Family 
Promotion, and of Local Administration and Social Affairs, 
and the Directorate General of Immigration and Emigration of 
the National Security Service are involved in 
anti-trafficking efforts. 
 
D. The Government of Rwanda (GOR) faces several constraints 
in its efforts to combat trafficking in persons (TIP), 
primarily a lack of financial and human resources and many 
competing demands on its limited capacities.  Because there 
is little belief in the GOR that TIP is a significant 
problem, more efforts are directed to combat gender-based 
violence than TIP specifically.  (Note: The GOR acknowledges 
the problem of underage prostitution, but does not consider 
it a trafficking issue.  End note.)  There are some services 
available for victims of GBV, but they are insufficient to 
meet the needs of the affected population.  The relatively 
Qmeet the needs of the affected population.  The relatively 
inexperienced Rwandan bureaucracy is unable to systematically 
record and track data on trafficking, further limiting its 
ability to effectively focus anti-TIP efforts.  There is very 
little government corruption. 
 
E. There is no single entity tasked with monitoring anti-TIP 
efforts, and little capacity within the GOR to do so (see 
Section 27. D.).  In the absence of a trafficking statute, 
the Rwandan National Police do track the number of 
trafficking cases which they may prosecute under other laws. 
They do not regularly publish detailed assessments of their 
GBV prevention, prosecution, and treatment efforts, although 
numbers of convictions obtained for various categories of 
crimes are tracked.  Figures on numbers of vulnerable 
children moved to school or treatment programs and on victims 
of GBV are sometimes available from various GOR agencies and 
NGOs. 
 
 
--------------------------------------------- --- 
28. INVESTIGATION AND PROSECUTION OF TRAFFICKERS 
--------------------------------------------- --- 
 
A. The GOR does not have a law specifically prohibiting 
trafficking in persons; however, it has laws against slavery, 
forced prostitution, kidnapping, and child labor under which 
traffickers may be prosecuted. (Note: Comprehensive draft 
anti-TIP legislation has been incorporated into a revised 
penal code that has passed a first review in the parliament. 
End note.)  The Constitution places heavy emphasis on the 
protection of children. The following Rwandan laws are 
relevant to TIP: 
 
- Article 28 of the Constitution guarantees every child 
special measures of protection by his/her family, society, 
and the state. 
 
- Article 38 of the Constitution provides for free primary 
education for all children. 
 
- Articles 363 to 378 of the penal code provide for 
punishment of prostitution, incitement to prostitution, 
exploitation of prostitution and public indecency. 
 
- Statutory order on the moral protection of youth (November 
19, 1973) prohibits unaccompanied persons under 18 from 
entering a bar or night club. 
 
- Law No. 27/2001 (April 28, 2001) includes provisions for 
the protection of the child against violence.  Article 4 
states that the minimum age for recruitment into the army is 
18.  Forced marriage and involvement of children in 
prostitution, pornography, drug trafficking and slavery are 
also punishable crimes under the law.  This law also 
establishes that any sexual relations with a child under 18 
are considered rape.  Anyone who lives or attempts to live 
with a child of less than 18 as husband or wife shall be 
deemed to have committed rape.  Under this law, the penalty 
for rape of a child between 14 and 18 is 20 to 25 years in 
prison, and life in prison for rape of a child under 14. 
 
- Law No. 51/2001 establishing the labor code states that the 
child shall not be employed for night tasks that are 
unhealthy or dangerous.  Articles 192 and 194 of the labor 
code provide for penalties against those who violate said 
provisions.  The labor code also expressly forbids forced 
labor. 
 
- Law No. 13/2002 (July 1, 2002) governs the armed forces and 
Law No. 16/2002 (August 15, 2002) establishes the minimum age 
for enrollment in the army. 
 
- The National Policy for Orphans and Vulnerable Children 
(2003) outlines measures to protect children from abuse and 
exploitation and to provide them with access to health care, 
education, and economic and psychosocial support. 
 
The GOR has ratified ILO Conventions 138 and 182.  Rwanda is 
a signatory to the United Nations Convention on the Rights of 
the Child and the African Charter on the Rights and the 
Welfare of the Child, and has acceded to the Optional 
Protocols on the Involvement of Children in Armed Conflict 
and on Child Trafficking, Child Prostitution, and Child 
Pornography.  Rwanda is also a signatory to the UNESCO World 
Declaration on Education for All, the UN Convention on the 
Elimination of All Forms of Discrimination Against Women and 
the UN Resolution 48/96 on Standard Rules on the Equalization 
of Opportunities for Persons with Disabilities. 
 
B. and C. The GOR uses slavery, forced prostitution, 
kidnapping and anti-child labor laws to punish individuals 
convicted of trafficking for sexual exploitation and labor. 
Punitive measures include imprisonment of three months to one 
QPunitive measures include imprisonment of three months to one 
year and a fine for repeat offenders; imprisonment of three 
months to five years for those who entice others into 
prostitution; imprisonment of six months to six years and a 
fine for those who procure prostitutes; and imprisonment of 
one to five years for those who financially benefit from the 
proceeds.  (See also section 28. A.)  There were no figures 
available on numbers of convictions for trafficking for 
sexual exploitation and labor. 
 
D. The penalty for rape ranges from a minimum of 15 years 
imprisonment to a maximum of a life sentence if the rape 
results in the severe chronic disease or death of the victim. 
 Any sexual relations with a child under 18 are considered 
rape, and are punishable by between 20 years to life in 
prison.  Rape of a child resulting in severe chronic disease 
or death of the victim is also punishable by life 
imprisonment. 
 
E. Prostitution is illegal, and the penalty for prostitution 
ranges from the preventative to the punitive.  To prevent 
recidivism, some prostitutes are subject to restraining 
orders to stay home or probation and monitoring.  Punitive 
measures include imprisonment of three months to one year and 
a fine for repeat offenders; imprisonment of three months to 
five years for those who entice others into prostitution; 
imprisonment of six months to six years and a fine for those 
who procure prostitutes; and imprisonment of one to five 
years for those who financially benefit from the proceeds. 
However, the government has focused on the rehabilitation of 
prostitutes rather than on prosecution, as the problem is 
primarily one of economic necessity for the women involved 
rather than of criminal intent and disregard for the rule of 
law.  The GOR does not regularly arrest prostitutes to avoid 
adding to an already over-burdened court system.  Instead, 
police typically detain prostitutes overnight and release 
them the following day. 
 
F. The government did not track numbers of human trafficking 
cases prosecuted in the past year as it lacks specific 
legislation.  However, figures on prosecutions for other 
trafficking-related crimes are available. 
 
G. During the year the police offered specialized training in 
recognizing trafficking, particularly trafficking involving 
children, to many police cadets.  The GOR provided training 
on sex crimes and crimes against children to police as part 
of the police training curriculum, and an NGO provided 
additional training to police on child protection procedures. 
 NGOs provided local government child development committees 
with training on monitoring child labor and sensitized 
parents and children on child labor issues through these 
committees.  School-based programs included teacher training 
on child labor monitoring and counseling and the formation of 
student clubs to raise awareness of social issues including 
child labor and HIV/AIDS. 
 
H. The GOR cooperates with other governments in the 
investigation and prosecution of trafficking cases.  No 
figures of such investigations were available, but a police 
official said investigation into the trafficking of persons 
from Burundi to Uganda via Rwanda was ongoing. 
 
I. Rwanda has extradition treaties with most of its neighbors 
and holds an active membership in the International Criminal 
Police Organization (Interpol).  There were no extradition 
requests from other countries related to trafficking crimes. 
 
J. There is no evidence of government involvement in or 
tolerance of trafficking, on either a local or institutional 
level.  The GOR has an office of the ombudsman and a 
Prosecutor General which investigate institutional 
transgressions.  The Rwandan National Police have an internal 
affairs department for investigations of corruption and other 
offenses committed by police officers. 
 
K. Not applicable. 
 
L. Rwanda contributes troops to the African Union 
peacekeeping operation in Darfur.  They are considered to be 
the most professional, disciplined, and experienced troops 
involved in the peacekeeping operation.  Training for these 
Qinvolved in the peacekeeping operation.  Training for these 
troops is funded in part by monies from the President's 
Emergency Plan for AIDS Relief (PEPFAR) and they receive 
instruction on HIV/AIDS prevention.  Each battalion has an 
HIV/AIDS awareness club headed by a non-commissioned officer 
that provides peer to peer information on HIV/AIDS.  Troops 
are also given gender sensitivity training and are instructed 
to treat every woman they encounter during their mission with 
respect, sensitivity, and concern.  There have been no 
reports of trafficking, exploitation, or rape committed by 
these forces. 
 
M. Not applicable. 
 
---------------------------------------- 
29. PROTECTION AND ASSISTANCE TO VICTIMS 
---------------------------------------- 
 
A. The GOR does not have a system in place to assist foreign 
trafficking victims with relief from deportation, though 
there were no reports of deportation of such victims. 
 
B. The GOR is committed to combating gender-based violence 
and to promotion of women and children's health, safety, and 
empowerment and has developed several policies, training and 
treatment programs, and sensitization campaigns to achieve 
this goal.  While there are few services directly aimed at 
trafficking victims, they may take advantage of these other 
programs.  In October officials at police headquarters in 
Kigali established a hotline for victims of GBV together with 
an examination room, trained counselors, and easy access to a 
police hospital for more intensive interventions.  Each of 
the 62 police stations nationwide had its own gender desk, 
trained officer, and public outreach program.  The national 
gender desk in Kigali also monitored investigations and 
prosecutions nationwide against GBV. 
 
The government and NGOs provided rights training for orphans 
and vulnerable children and for women during the year, as 
well as economic, social, medical, and psychological support 
for former sex workers. 
 
C. As part of its efforts to combat GBV and to protect 
orphans and vulnerable children, the GOR works closely with 
NGOs and international organizations to provide the services 
outlined above.  The ministries of education and labor 
collaborate on child labor issues and have established "catch 
up" education centers for former child laborers.  The Rwandan 
National Police work with the Ministry of Local 
Administration and Social Affairs and with several local NGOs 
(including the Rwandan Women's Network, Avega and Hagaruka) 
to provide women and orphans and vulnerable children with 
rights and empowerment training. 
 
D. At primary road checkpoints and international ports of 
entry, government officials question adult males traveling 
with children and no adult female.  If the man does not 
posses an official document, signed by the mother or legal 
female custodian, he will be held while the authorities 
contact the mother (or custodian) to confirm lawful custody 
of the minor concerned.  A police official reported that at 
the Kigali airport in a recent incident, a government 
official did not have proper documentation for her child and 
was not allowed to depart until she could produce it. 
 
E. Not applicable. 
 
F. As outlined above, there are "catch-up" programs available 
for former child laborers, and rehabilitation programs for 
former prostitutes.  Trafficking victims may be subject to 
laws against prostitution, but as mentioned in section 28. 
E., few prostitutes are arrested and detained for short 
periods. 
 
G. Victims of crime in Rwanda are encouraged to work with the 
police on investigations and are able to file civil suits 
seeking legal redress. 
 
H. Both the GOR and local and international NGOs provide 
assistance to victims of GBV and to former prostitutes and 
child laborers.  As described above, the Rwandan National 
Police have established policies and procedures to assist 
victims of GBV.  There is a national child labor advisory 
committee composed of government ministries and international 
organizations that advises on policies and programs as well 
as interventions in cases of exploitation.  There is a 
national policy on orphans and vulnerable children that 
establishes support mechanisms for children, including 
trafficking victims.  There are several rehabilitation 
Qtrafficking victims.  There are several rehabilitation 
programs for former prostitutes, run by both local and 
national government bodies and by NGOs.  Numbers of women and 
children assisted by these programs are not available. 
 
I. As mentioned elsewhere, the GOR offered training to police 
and offered community sensitization programs on trafficking 
and child protection issues.  While employees of Rwandan 
embassies and consulates do not receive specific training on 
assisting trafficking victims, they can offer consular and 
legal advice in such cases, as well as assistance with 
repatriation and medical fees in concert with the host 
government and local NGOs. 
 
J. The GOR does not provide specific assistance to 
repatriated nationals who are victims of trafficking, but 
they would be able to access other services for victims of 
GBV. 
 
K. Besides the government ministries mentioned above, several 
NGOs and international organizations work on issues that are 
related to trafficking, primarily under the aegis of 
protection for women and children.  These include 
IntraHealth/Twubakane, Hagaruka, Avega, World Vision, KURET, 
Sisters of Rwanda, FACT-Rwanda, Rwandan Women's Network, 
CESTRAR, Imbuto Foundation, and PROFEMME.  UNDP, UNICEF, ILO, 
the World Food Program, and USAID are also involved in 
working with trafficking victims through the improvement of 
health care to women and children, empowerment of women, 
promotion and protection of rights, and prevention of child 
labor and labor exploitation.  These organizations report 
significant policy support and much good will on the part of 
the GOR to support their efforts, despite resource and 
capacity constraints. 
 
-------------- 
30. PREVENTION 
-------------- 
 
A. The GOR acknowledges and takes action, within the limits 
of its capacity, to address child prostitution and GBV. 
There are so few confirmed instances of trafficking that the 
 
government does not view it as an important priority among 
many other competing needs and law enforcement concerns. 
 
B. The GOR and NGOs offered training and awareness campaigns 
on trafficking and on rights of women and children targeting 
both potential trafficking victims and the community at large 
(See section 28. G.).  A police official reported that men 
arrested for procuring prostitutes received sensitization on 
women's rights. 
 
C. There is a national advisory committee on child labor 
composed of members of various government ministries, 
international organizations, and NGOs.  Cooperation between 
civil society and the GOR on women and children's issues and 
policy implementation is strong. 
 
D. A police official described border control measures as 
"strict" and cited such measures as a key component to 
prevention of TIP.  There were seven primary land border 
crossings and two international airports, and all were 
effectively staffed by officials from the immigration service 
- a component of the National Security Service - and 
coordinated closely with the military and national police 
(see section 29. D.).  There is a heavy police presence on 
the national road network, including a high number of police 
checkpoints that monitor traffic and check vehicles to 
enforce regulations on safety, cargo, and documentation. 
 
The relevant government agencies are effective at monitoring 
immigration and emigration patterns along borders, and police 
officers are trained to observe drivers and passengers and to 
investigate any suspected irregularities, including any 
possible indications of trafficking. 
 
E. The GOR does not have a single coordination mechanism, 
working group, or point of contact specifically directed 
toward trafficking; however, a similar group exists to 
address issues of child labor and exploitation (see section 
29. H.).  The office of the ombudsman is charged with 
addressing public corruption. 
 
F. With international organizations and NGOs such as UNICEF 
and World Vision, the GOR has developed a national strategy 
on orphans and vulnerable children and a policy on child 
labor.  These were developed in collaboration with civil 
society and various government stakeholders, and have been 
disseminated through awareness campaigns and workshops. 
 
G. As stated in section 30. B., men arrested for procuring 
QG. As stated in section 30. B., men arrested for procuring 
prostitutes receive information on women's rights.  The 
police also offered training to women on their rights and 
there were programs to sensitize communities on child labor, 
including prostitution, both of which can help decrease 
demand for commercial sex acts. 
 
I. See section 28. L. 
 
 
 
 
 
 
ARIETTI