VZCZCXYZ0003
PP RUEHWEB

DE RUEHKI #0209/01 0601206
ZNR UUUUU ZZH
P 291206Z FEB 08 ZDS
FM AMEMBASSY KINSHASA
TO SECSTATE WASHDC PRIORITY 7603

UNCLAS KINSHASA 000209 
 
SIPDIS 
 
//CORRECTED COPY-PARAGRAPH MARKING// 
 
SIPDIS 
SENSITIVE 
 
G/TIP 
 
E.O. 12958: N/A 
TAGS: ELAB KCRM KFRD KWMN PHUM PREF SMIG CG
SUBJECT: DEMOCRATIC REPUBLIC OF CONGO 2008 TRAFFICKING IN 
PERSONS REPORT 
 
REF: SECSTATE 02731 
 
¶1.  (SBU)  This message contains Embassy Kinshasa's responses to 
questions in reftel, paragraphs 27-30, on trafficking in 
persons. 
 
¶2. (SBU)  Begin responses to paragraph 27. 
 
¶A. Is the country a country of origin, transit, and/or 
destination for internationally trafficked men, women, or 
children?  Yes. 
 
Provide, where possible, numbers or estimates for each group: 
how they were trafficked, to where, and for what purpose. 
 
UNICEF estimates that some 20 children cross the Congo River 
to Brazzaville every day to work in prostitution or street 
vending. In 2006, UNICEF investigators interviewed 71 
Congolese children in Brazzaville who had been trafficked. 
 
IOM estimates that more than 1,000 Congolese women remain in 
Uganda after being forcibly transported as sex slaves or 
domestics by departing Ugandan troops in 2004. 
 
Save the Children is monitoring instances of an undetermined 
number of minors recruited from Uganda and Rwanda by armed 
groups and transported to Congo. 
 
Does the trafficking occur within the country's borders?  Yes 
 
UNICEF estimates 60,000 boys work at informal mining sites, 
and an undetermined number of girls work as prostitutes 
outside mining sites. 
 
UNICEF estimates that 11,500 street children (girls) work as 
prostitutes throughout the country.  NGO Lazarius estimates 
500 girls work in organized prostitute camps in Kinshasa. 
 
Does it occur in territory outside of the government's 
control (e.g. in a civil war situation)? 
 
Yes.  Child soldiering continues in areas controlled by armed 
groups outside government control in the provinces of North 
Kivu, South Kivu, Katanga, and Orientale. 
 
Are any estimates or reliable numbers available as to the 
extent or magnitude of the problem? 
 
Child soldiering:  UNICEF estimates 3,000 minors remain in 
the ranks of armed groups and over 200 in the Congolese 
military (FARDC). 
 
What is (are) the source(s) of available information on 
trafficking in persons or what plans are in place (if any) to 
undertake documentation of trafficking? 
 
The government maintains no statistics or documentation on 
trafficking in persons and has no plans for doing so.  The 
best sources of information are UNICEF, local NGOs and IOM. 
 
How reliable are the numbers and these sources? 
 
Numbers maintained by these sources are estimates.  Their 
numbers appear reasonable, although those maintained by 
UNICEF and IOM are more reliable than those of local NGOs. 
 
Are certain groups of persons more at risk of being 
trafficked (e.g. women and children, boys versus girls, 
certain ethnic groups, refugees, etc.)? 
 
Children.  Boys are much more likely to be trafficked for 
work in the mining sector and as child soldiers. 
 
¶B. Please provide a general overview of the trafficking 
situation in the country and any changes since the last TIP 
Report (e.g. changes in direction). 
 
Child soldiering:  Approximately 3,000 minors remain to be 
demobilized from armed groups, notably FDLR, CNDP and various 
Mai Mai militia.  Most if not all of these groups continue to 
recruit minors.  Recruitment may be forced, but is more often 
voluntary, fueld by poverty, lack of opportunity and 
pervasive insecurity. 
 
Forced labor:  Armed groups outside government control 
continue to kidnap adults and children for forced labor and 
sexual slavery. 
 
Child labor:  An estimated 60,000 minors work in the mining 
sector.  The vast majority do so for economic reasons under 
 
pressure by their families. 
 
Child prostitution:  Girls who have become street children 
have in almost all cases been abandoned by their families. 
Prostitution may be the only option they have for survival. 
 
An estimated 90 per cent of girls working in Kinshasa 
prostitution camps are originally from Equateur province. 
They are first enticed to Kinshasa by other women in their 
families by appeals to help with domestic chores, then 
coerced into prostitution soon after arrival. 
 
Children trafficked to Brazzaville:  Children are enticed to 
Brazzaville by promises of good money and passage to Europe. 
 
Congolese women in Uganda:  Ugandan soldiers forcibly removed 
these women to Uganda.  Many are kept hidden in barracks. 
 
Children recruited in Uganda and Rwanda:  Children are 
enticed by promises of money and education.  There are 
occasional forced abductions. 
 
¶C. Which government agencies are involved in anti-trafficking 
efforts and which agency, if any, has the lead? 
 
No government agency in charge of trafficking issues per se. 
 
The defense ministry's DDR implementation unit (UEPNDDR) is 
responsible for demobilizing child soldiers. 
 
The ministry for gender, women, and children's issues has 
responsibility for facilitating a National Committee for 
Children. 
 
The labor ministry is responsible for the National Committee 
to Combat Worst Forms of Child Labor. 
 
¶D. What are the limitations on the government's ability 
to address this problem in practice?  For example, is 
funding for police or other institutions inadequate?  Is 
overall corruption a problem?  Does the government lack the 
resources to aid victims? 
 
Financial:  The government lacks sufficient financial, 
technical and human resources to address not only 
trafficking, but even basic levels of security and services. 
 
Military:  The military is poorly trained, supplied, paid, 
and led, and lacks the capacity to forcibly demobilize or 
repatriate armed groups. 
 
Corruption:  Government officials at all levels are 
notoriously corrupt. 
 
Aid to victims:  The 2007 budget included no appropriations 
for victims of trafficking. 
 
¶E. To what extent does the government systematically monitor 
its anti-trafficking efforts (on all fronts -- prosecution, 
victim protection, and prevention) and periodically make 
available, publicly or privately and directly or through 
regional/international organizations, its assessments of 
these anti-trafficking efforts? 
 
There is no government effort to actively monitor, 
coordinate, or assess anti-trafficking efforts. 
 
End responses to paragraph 27. 
 
¶3. (SBU)  Begin responses to paragraph 28: 
 
¶28. INVESTIGATION AND PROSECUTION OF TRAFFICKERS: 
 
For questions A-D, posts should highlight in particular 
whether or not the country has enacted any new legislation 
since the last TIP report. 
 
¶A. Does the country have a law specifically prohibiting 
trafficking in persons -- both for sexual and non-sexual 
purposes (e.g. forced labor)?  No. 
 
If so, please specifically cite the name of the law and its 
date of enactment and provide the exact language of the law 
prohibiting TIP and all other law(s) used to prosecute TIP 
cases.  Does the law(s) cover both internal and external 
(transnational) forms of trafficking?  If not, under what 
other laws can traffickers be prosecuted?  For example, are 
there laws against slavery or the exploitation of 
prostitution by means of force, fraud or coercion?  Are these 
other laws being used in trafficking cases? 
 
 
The 2006 sexual violence code, Law 6/018, enacted July 20, 
2006, includes provisions against, and penalties for, 
trafficking in persons for sexual purposes, forced 
prostitution, procuring or supporting prostitution (i.e. 
pimping), sexual slavery, and the prostitution of minors.  It 
applies to all relevant trafficking activities within 
Congolese jurisdiction. 
 
The Constitution expressly forbids involuntary servitude. In 
addition, it forbids enlistment of persons less than 18 years 
of age in the armed forces. 
 
Please provide a full inventory of trafficking laws, 
including non-criminal statutes that allow for civil 
penalties against alleged trafficking crimes, (e.g., civil 
forfeiture laws and laws against illegal debt). 
 
In addition to those cited above, the labor code prohibits 
the employment of children under the age of 15, including as 
apprentices, unless exempted by a labor inspector. 
 
Parliament adopted no trafficking legislation in 2007. 
 
¶B. What are the prescribed penalties for trafficking 
people for sexual exploitation? 
 
10 to 20 years in prison. 
 
What penalties were imposed for persons convicted of sexual 
exploitation over the reporting period? 
 
There we no reports on prosecutions or convictions for sexual 
exploitation. 
 
Please note the number of convicted sex traffickers who 
received suspended sentences and the number who received only 
a fine as punishment. 
 
See above. 
 
¶C. Punishment of Labor Trafficking Offenses:   What are 
the prescribed and imposed penalties for trafficking for 
labor exploitation, such as forced or bonded labor and 
involuntary servitude?  Do the government's laws provide 
for criminal punishment -- i.e. jail time -- for labor 
recruiters in labor source countries who engage in 
recruitment of laborers using knowingly fraudulent or 
deceptive offers that result in workers being trafficked in 
the destination country?  Are there laws in destination 
countries punishing  employers or labor agents in labor 
destination countries who confiscate workers' passports or 
travel documents, switch contracts without the worker's 
consent as a means to keep the worker in a state of 
service, or withhold payment of salaries as means of 
keeping the worker in a state of service?  If law(s) 
prescribe criminal punishments for these offenses, what are 
the actual punishments imposed on persons convicted of 
these offenses?  Please note the number of convicted labor 
traffickers who received suspended sentences and the number 
who received only a fine as punishment. 
 
The government has not determined penalties for labor 
exploitation. 
 
The government did not prosecute any such cases in 2007. 
 
¶D. What are the prescribed penalties for rape or forcible 
sexual assault? 
 
5 to 20 years in prison, doubled in certain cases. 
 
How do they compare to the prescribed penalties for crimes of 
trafficking for commercial sexual exploitation? 
 
The minimum prescribed penalty for trafficking for commercial 
exploitation is 10 years in prison. 
 
¶E. Is prostitution legalized or decriminalized?  No. 
 
Specifically, are the activities of the prostitute 
criminalized?  Yes. 
 
Are the activities of the brothel owner/operator, clients, 
pimps, and enforcers criminalized?  Yes. 
 
Are these laws enforced?  No. 
 
If prostitution is legal and regulated, what is the legal 
minimum age for this activity?  Note that in many countries 
 
 
with federalist systems, prostitution laws may be under state 
or local jurisdiction and may differ among jurisdictions. 
 
N/A 
 
¶F. Has the government prosecuted any cases against human 
trafficking offenders? If so, provide numbers of 
investigations, prosecutions, convictions, and sentences 
served, including details on plea bargains and fines, if 
relevant and available.  Please indicate which laws were 
used to investigate, prosecute, convict, and sentence 
traffickers.  Also, if possible, please disaggregate by 
type of TIP (labor vs. commercial sexual exploitation) and 
victims (children, as defined by U.S. and international law 
as under 18 years of age, vs. adults). 
 
The government did not prosecute any such cases in 2007. 
 
Does the government in a labor source country criminally 
prosecute labor recruiters who recruit laborers using 
knowingly fraudulent or deceptive offers or impose on 
recruited laborers inappropriately high or illegal fees or 
commissions that create a debt bondage condition for the 
laborer? 
 
The government did not prosecute any such cases in 2007. 
 
Does the government in a labor destination country criminally 
prosecute employers or labor agents who confiscate workers' 
passports/travel documents, switch contracts or terms of 
employment without the worker's consent, use physical or 
sexual abuse or the threat of such abuse to keep workers in a 
state of service, or withhold payment of salaries as a means 
to keep workers in a state of service? 
 
The government did not prosecute any such cases in 2007. 
 
Are the traffickers serving the time sentenced?  If not, why 
not?  No, the most recent convicted trafficker escaped from 
jail in 2006 and has not been caught. 
 
Please indicate whether the government can provide this 
information, and if not, why not? 
 
No.  The justice ministry could not provide this information 
because it does not specifically track trafficking issues. 
 
¶G. Does the government provide any specialized training 
for government officials in how to recognize, investigate, 
and prosecute instances of trafficking? 
 
The government does not provide training in these areas. 
 
Specify whether NGOs, international organizations, and/or the 
USG provide specialized training for host government 
officials. 
 
No organizations provide specialized training in these areas 
for government officials. 
 
¶H. Does the government cooperate with other governments 
in the investigation and prosecution of trafficking cases? 
If possible, can post provide the number of cooperative 
international investigations on trafficking during the 
reporting period? 
 
Per our knowledge, the government did not participate in any 
cooperative international investigations of trafficking. 
 
¶I. Does the government extradite persons who are charged 
with trafficking in other countries?  If so, can post 
provide the number of traffickers extradited during the 
reporting period? 
 
The government did not extradite any persons in 2007 for 
trafficking in other countries. 
 
Does the government extradite its own nationals charged with 
such offenses? 
 
Yes. In October 2007, the Congolese government transferred 
Germain Katanga, a former leader of the FRPI, to the 
International Criminal Court (ICC) on various charges of war 
crimes including using child soldiers and forcing women into 
sexual slavery. 
 
If not, is the government prohibited by law from extraditing 
its own nationals?  No.  If so, what is the government doing 
to modify its laws to permit the extradition of its own 
nationals? 
 
 
¶J. Is there evidence of government involvement in or 
tolerance of trafficking, on a local or institutional 
level?  No. 
 
If so, please explain in detail. 
 
There is no evidence of direct government involvement in 
trafficking.  However, lack of action against trafficking 
could indicate a certain level of tolerance. 
 
¶K. If government officials are involved in trafficking, 
what steps has the government taken to end such 
participation? 
 
N/A 
 
Please indicate the number of government officials 
investigated and prosecuted for involvement in trafficking or 
trafficking-related corruption during the reporting period. 
Have any been convicted?  What sentence(s) was imposed? 
Please specify if officials received suspended sentences, 
were given a fine, fired, or reassigned to another position 
within the government as punishment.  Please provide specific 
numbers, if available.  Please indicate the number of 
convicted officials that received suspended sentences or 
received only a fine as punishment. 
 
The government conducted no investigations or prosecutions of 
any officials for trafficking in 2007. 
 
¶L. As part of the new requirements of the 2005 TVPRA, for 
countries that contribute troops to international 
peacekeeping efforts, please indicate whether the government 
vigorously investigated, prosecuted, convicted 
and sentenced nationals of the country deployed abroad as 
part of a peacekeeping or other similar mission who engage 
in or facilitate severe forms of trafficking or who exploit 
victims of such trafficking. 
 
N/A 
 
¶M. If the country has an identified child sex tourism 
problem (as source or destination), how many foreign 
pedophiles has the government prosecuted or 
deported/extradited to their country of origin?  What are 
the countries of origin for sex tourists?  Do the country's 
child sexual abuse laws have extraterritorial coverage 
(similar to the U.S. PROTECT Act)?  If so, how many of the 
country's nationals have been prosecuted and/or convicted 
under the extraterritorial provision(s) for traveling to 
other countries to engage in child sex tourism? 
 
The DRC has not been identified as having a child sex tourism 
problem. 
 
End responses to paragraph 28. 
 
¶3.  (SBU)  Begin responses to paragraph 29. 
 
PROTECTION AND ASSISTANCE TO VICTIMS: 
 
¶A. Does the government assist foreign trafficking 
victims, for example, by providing temporary to permanent 
residency status, or other relief from deportation?  No. 
 
If so, please explain. 
 
N/A 
 
¶B.  Does the country have victim care facilities which 
are accessible to trafficking victims? 
 
Yes.  There are numerous NGOs working with girls coerced into 
prostitution in Kinshasa, North Kivu and South Kivu provinces 
and the Ituri District of Orientale Province. 
 
The defense ministry's UEPNDDR sends demobilized child 
soldiers to transit centers for one to two months before they 
are reintegrated into civilian life.  The centers, services 
are funded by the World Bank and implemented by NGOs. 
 
Do foreign victims have the same access to care as domestic 
trafficking victims?  Yes. 
 
Does the country have specialized facilities dedicated to 
helping victims of trafficking?  No. 
 
If so, can post provide the number of victims placed in these 
care facilities during the reporting period?  What is the 
 
funding source of these facilities?  Please estimate the 
amount the government spent (in U.S. dollar equivalent) on 
these specialized facilities dedicated to helping trafficking 
victims during the reporting period. 
 
N/A 
 
Does the government provide trafficking victims with access 
to legal, medical and psychological services?  No. 
 
If so, please specify the kind of assistance provided, and 
the number of victims assisted, if available.  N/A 
 
¶C. Does the government provide funding or other forms of 
support to foreign or domestic NGOs and/or international 
organizations for services to trafficking victims?  No. 
 
Please explain and provide any funding amounts in U.S. dollar 
equivalent.  If assistance provided is in-kind, please 
specify exact assistance.  Please explain if funding for 
assistance comes from a federal budget or from regional or 
local governments.  N/A 
 
¶D. Do the government's law enforcement, immigration, and 
social services personnel have a formal system of 
proactively identifying victims of trafficking among high- 
risk persons with whom they come in contact (e.g., foreign 
persons arrested for prostitution or immigration 
violations)?  No 
 
What is the number of victims identified during the reporting 
period?  N/A 
 
Has the government developed and implemented a referral 
process to transfer victims detained, arrested or placed in 
protective custody by law enforcement authorities to 
institutions that provide short- or long-term care? 
 
Child soldiering:  Yes.  UEPNDDR identifies child soldiers at 
reception centers and transfers them to NGO custody. 
 
How many victims were referred for assistance by law 
enforcement authorities during the reporting period? 
 
Child soldiering:  3,653 minors went through the formal 
demobilization process. 
 
¶E. For countries with legalized prostitution:  does the 
government have a mechanism for screening for trafficking 
victims among persons involved in the legal/regulated 
commercial sex trade?  N/A 
 
¶F. Are the rights of victims respected? 
 
Child soldiering:  Local authorities have occasionally 
charged demobilized child soldiers with being members of 
illegal armed groups. 
 
Are trafficking victims detained or jailed? If detained or 
jailed, for how long? 
 
Child soldiering:  Yes.  Minors detained for child soldiering 
are generally released quickly if discovered by MONUC or 
NGOs.  However, there are currently 31 children suspected of 
being Rwandan who have been detained without charge at the 
maximum security prison in Kinshasa. 
 
Are victims fined?  No. 
 
Are victims prosecuted for violations of other laws, such as 
those governing immigration or prostitution?  No. 
 
¶G. Does the government encourage victims to assist in 
the investigation and prosecution of trafficking?  No. 
 
How many victims assisted in the investigation and 
prosecution of traffickers during the reporting period?  None. 
 
May victims file civil suits or seek legal action against 
traffickers? 
 
Unknown.  The government has few functioning courts, making 
filing and trying such suits virtually impossible. 
 
Does anyone impede victim access to such legal redress?  No. 
 
If a victim is a material witness in a court case against a 
former employer, is the victim permitted to obtain other 
employment or to leave the country pending trial 
proceedings? 
 
 
N/A.  No such cases were tried in 2007. 
 
Are there means by which a victim may obtain 
restitution?  No. 
 
¶H. What kind of protection is the government able to 
provide for victims and witnesses?  None. 
 
Does it provide these protections in practice?  No. 
 
What type of shelter or services does the government provide? 
 None. 
 
Are these services provided directly by the government or are 
they provided by NGOs or IOs funded by host government 
grants? 
 
The government provides no such services.  NGOs make take up 
certain special cases for shelter and protection. 
 
Does the government provide shelter or housing benefits to 
victims or other resources to aid the victims in rebuilding 
their lives?  No. 
 
Where are child victims placed (e.g., in shelters, foster 
care, or juvenile justice detention centers)? 
 
Child soldiering:  see above. 
 
What is the number of victims assisted by government-funded 
assistance programs during the reporting period?  None. 
 
What is the number of victims assisted by non 
government-funded assistance programs? 
 
Child soldiering:  3,653. 
 
What is the number of victims that received shelter services 
during the reporting period?  None. 
 
¶I. Does the government provide any specialized training 
for government officials in identifying trafficking victims 
and in the provision of assistance to trafficked victims, 
including the special needs of trafficked children?  No. 
 
Does the government provide training on protections and 
assistance to its embassies and consulates in foreign 
countries that are destination or transit countries?  No. 
 
Does it urge those embassies and consulates to develop 
ongoing relationships with NGOs and IOs that serve trafficked 
victims?  No. 
 
What is the number of trafficking victims assisted by the 
host country's embassies or consulates abroad during the 
reporting period?  Please explain the level of assistance. 
 
There were no reports of the government providing such 
assistance. 
 
For example, did the host government provide travel documents 
for the victim to repatriate, did the host government contact 
NGOs in either the source or 
destination countries to ensure the victim received 
adequate assistance, did the host government pay for the 
transportation home for a victim's repatriation, etc.  N/A 
 
¶J. Does the government provide assistance, such as 
medical aid, shelter, or financial help, to its nationals 
who are repatriated as victims of trafficking?  No. 
 
¶K. Which international organizations or NGOs, if any, 
work with trafficking victims? 
 
MONUC, UNICEF, IOM, BVES, Save the Children, Lazarius. 
 
What type of services do they provide? 
 
Services include:  community re-integration, vocational 
training, re-enrollment in primary or secondary education, 
conflict resolution seminars, sexual violence counseling, 
psychological counseling, mediation between children and 
families, and medical treatment. 
 
What sort of cooperation do they receive from local 
authorities? 
 
They usually receive full cooperation. 
 
How much funding (in U.S. dollar equivalent) did NGOs and 
international organizations receive from the host government 
for victim assistance during the reporting period?  Please 
disaggregate funding for prevention and public awareness 
efforts from victim assistance funding.  None. 
 
NOTE:  If post reports that a government is incapable of 
providing direct assistance to TIP victims, please assess 
whether the government ensures that TIP victims receive 
access to adequate care from other entities.  Funding, 
personnel, and training constraints should be noted, if 
applicable.  Conversely, the lack of political will in a 
situation where a country has adequate financial and other 
resources to address the problem should be noted as well. 
 
The GDRC is lacks the political will and capacity -- 
including funding, training and personnel -- to make a 
priority of or provide direct assistance to victims of 
trafficking in persons.  International organizations and NGOs 
take the initiative to locate and provide for victims. 
 
End responses to paragraph 29. 
 
¶4.  (SBU)  Begin responses to paragraph 30. 
 
PREVENTION: 
 
¶A. Does the government acknowledge that trafficking is a 
problem in the country?  Yes. 
 
If not, why not?  N/A 
 
¶B. Are there, or have there been, government-run anti- 
trafficking information or education campaigns conducted 
during the reporting period?  No. 
 
If so, briefly describe the campaign(s), including their 
objectives and effectiveness.  Please provide the number of 
people reached by such awareness efforts if available.  Do 
these campaigns target potential trafficking victims and/or 
the demand for trafficking (e.g. "clients" of prostitutes or 
beneficiaries of forced labor)?  N/A 
 
¶C. What is the relationship between government 
officials, NGOs, other relevant organizations and other 
elements of civil society on the trafficking issue? 
 
Positive.  Government officials at all levels are receptive 
and willing to listen, but not willing to take the lead. 
 
¶D. Does the government monitor immigration and emigration 
patterns for evidence of trafficking?  No. 
 
Do law enforcement agencies screen for potential trafficking 
victims along borders?  No. 
 
-- E. Is there a mechanism for coordination and communication 
between various agencies, internal, 
international, and multilateral on trafficking-related 
matters, such as a multi-agency working group or a task 
force? 
 
Yes.  There government has established a National Children,s 
Committee, but it lacks coordination. 
 
Does the government have a trafficking in persons 
working group or single point of contact?  No. 
 
Does the government have a public corruption task force?  No. 
 
¶F. Does the government have a national plan of action to 
address trafficking in persons? 
 
No.  However, the government has adopted a National Action 
Plan for violence against children, which includes a section 
on exploitation. 
 
If so, which agencies were involved in developing it? 
 
The ministry of gender, women, and children affairs led 
coordination and preparation of the plan. 
 
Were NGOs consulted in the process?  Yes. 
 
What steps has the government taken to disseminate the action 
plan? 
 
It has published the plan, but done little to implement it. 
 
G: For all posts:  As part of the new criteria added to 
 
 
the TVPA's minimum standards by the 2005 TVPRA, what 
measures has the government taken during the reporting 
period to reduce the demand for commercial sex acts? 
 
No action. 
 
End responses to paragraph 30. 
CLOUD