VZCZCXYZ0000
RR RUEHWEB

DE RUEHBUL #0734/01 0840502
ZNR UUUUU ZZH
R 240502Z MAR 08
FM AMEMBASSY KABUL
TO SECSTATE WASHDC 3347

UNCLAS KABUL 000734 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
DEPARTMENT FOR G/TIP, G, INL, DRL, PRM 
DEPARTMENT FOR SCA/RA JESSICA MAZZONE 
DEPARTMENT FOR SCA/FO DAS CAMP, SCA/A 
 
E.O. 12958: N/A 
TAGS: ELAB KCRM KFRD KWMN PHUM PREF AF
SUBJECT:  AFGHANISTAN'S 2008 TIP QUESTIONNAIRE RESPONSE 
 
GENERAL OVERVIEW 
 
¶1.  (SBU) Is the country a country of origin, transit, and/or 
destination for internationally trafficked men, women, or children? 
Provide, where possible, numbers or estimates for each group; how 
they were trafficked, to where, and for what purpose.  Does the 
trafficking occur within the country's borders?  Does it occur in 
territory outside of the government's control (e.g. in a civil war 
situation)?  Are any estimates or reliable numbers available as to 
the extent or magnitude of the problem?   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? How reliable are the numbers and these sources?  Are 
certain groups of persons more at risk of being trafficked (e.g. 
women and children, boys versus girls, certain ethnic groups, 
refugees, etc.)? 
 
Afghanistan is a country of origin, transit, and destination for 
trafficked children and women.  According to the International 
Organization on Migration (IOM), the Ministry of Labor and Social 
Affairs (MLSA), and the Attorney General's office, as a country of 
origin, Afghanistan serves as a source for children who are 
trafficked into Iran, Pakistan, and Gulf countries such as Saudi 
Arabia and Oman.  As a transit country, Afghanistan is reported to 
be used to send women and children from Tajikistan to Pakistan and 
Iran, primarily for labor but also for sex; however, no statistics 
exist.  There were unconfirmed reports of Afghan women being 
trafficked into Pakistan and Iran.  In some cases, men were 
trafficked into Iran for labor. 
 
There were also undocumented reports of Afghanistan's being a 
destination country for women being trafficked from China and Iran 
(unconfirmed) for sex or from Pakistan as drug couriers.  In 2006, 
IOM conducted a program funded by PRM to assist 150 victims of 
trafficking.  Ninety-six of these victims were women who had been 
trafficked to Afghanistan from China for sexual exploitation.  In 
2007, they found that it was difficult to reach out to these women 
since they have gone further underground.  Most were working in 
Kabul at establishments purporting to be "Chinese restaurants" but 
which effectively acted as brothels.  IOM suggested that the women 
voluntarily left China seeking work in another country but were not 
told they would be sent to Afghanistan and were coerced to stay and 
work as prostitutes upon their arrival.  The Ministry of Interior, 
however, believes most Chinese prostitutes come willingly and 
knowingly. 
 
Internal trafficking also remains an issue in Afghanistan, but no 
statistics are available.  Child labor and forced begging occurs in 
Afghanistan's largest cities.  Significant numbers of children are 
rumored to be trafficked from provinces such as Baghlan into Kabul 
for labor.  A 2006 Afghan Independent Human Rights Commission 
(AIHRC) report estimated that there were approximately 60,000 child 
laborers in Kabul, most of whom migrated from other provinces to 
work to help support their families.  There were no reliable numbers 
for 2007.  There were scattered reports of young boys being 
trafficked internally for sex, especially in the northern provinces 
of Badakhshan, Baghlan, Balkh, Faryab, Jowzjan, Kunduz, Samangan, 
Sar-e-pol, and Takhar.  The MLSA has reports of 11 boys being 
trafficked internally for sexual exploitation during 2007.  These 
boys were abducted and forced to work as dancers performing in front 
of private parties of men.  In the southern provinces along the 
border with Pakistan, there were reports of powerful insurgent and 
militia leaders abducting young boys or forcing families to turn 
over their sons to be used as sexual objects. 
 
Women and girls continued to be exchanged to settle debts or resolve 
conflicts.  The AIHRC received 34 reports nationwide of women or 
girls being exchanged to settle family disputes in 2007.  The AIHRC 
did not receive any reports during 2008 of women and girls being 
sold by their families for financial gain.  In some rural areas, 
underage girls were sometimes forced to marry much older men to 
settle debts, or their families are forced by powerful local leaders 
to give them away.  If the girls were too young to consummate the 
marriage, they could be used as household servants instead. 
 
¶2.  (SBU) 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).  (Other items to address may include: 
What kind of conditions are the victims trafficked into?  Which 
populations are targeted by the traffickers?  Who are the 
traffickers/exploiters?  Are they independent business people? 
Small or family-based crime groups?  Large international organized 
crime syndicates?  What methods are used to approach victims? (Are 
they offered lucrative jobs, sold by their families, approached by 
friends of friends, etc.?)  What methods are used to move the 
victims (e.g., are false documents being used?).  Are employment, 
travel, and tourism agencies or marriage brokers involved with or 
fronting for traffickers or crime groups to traffic individuals? 
 
There was no evidence of any major change to trafficking trends 
since last year's report.  Government officials are developing a 
better understanding of the various types of trafficking.  While 
political will to address trafficking was more apparent in 2007, the 
government lacked capacity to adequately handle the issue.  During 
the year, the Ministry of Interior established an office within the 
Attorney General's office in each province to deal with trafficking 
issues.  These offices were not always adequately staffed, but 
represent a commitment and a degree of progress.  The government and 
local NGOs were dependent on funding and training from international 
donors to combat trafficking. 
 
Little information existed on the conditions into which victims were 
trafficked either internally or abroad, methods for transporting 
them to other countries, or the average profile of traffickers. 
Parents in poor, rural parts of Afghanistan often willingly sent 
their children with traffickers in the hopes that the child can gain 
employment and send money home.  Poor agrarian provinces hard hit by 
years of drought and war and which attract little international 
assistance are understood to be a common source of trafficked 
children. 
 
There continued to be unconfirmed reports of trafficking rings, 
particularly in the northern provinces.  Victims from the north are 
allegedly trafficked to Pakistan through the border crossing point 
of Torkham, in the Eastern border province of Nangarhar.  Victims 
from the South were trafficked into Pakistan via Afghanistan's 
extremely porous border with the provinces of Helmand, Kandahar, 
Khost, Paktika, and Zabul.  Men, women and children trafficked into 
Pakistan and Iran for labor were often trafficked through the 
province of Nimroz in the southwest, due to the isolation and lack 
of border control along that part of the Iran-Afghanistan-Pakistan 
border.  The Islam Qala border checkpoint in Herat was another site 
used for trafficking into Iran. 
 
There continued to be rumors of child trafficking for organs, but no 
one (including the Ministry of Interior) was able to produce any 
evidence whatsoever to support the rumors. 
 
¶3.  (SBU) Which government agencies are involved in anti-trafficking 
efforts and which agency, if any, has the lead? 
 
Ministry of Interior has primary responsibility for reporting and 
investigating cases and, in theory, has the most direct contact with 
victims.  The Attorney General's Office is responsible for keeping 
statistics on prosecutions, and convictions.  The Ministry of Labor 
and Social Affairs plays an informal lead role in and effort to 
create strategy to combat trafficking.  The Ministry of Women's 
Affairs addresses trafficking of women and female children through 
policy and advocacy and, in February 2008, launched a 
USAID-supported education and awareness building program for 
communities, schools, shuras, and NGOs.  The program will operate 
through provincial level Departments of Women's Affairs in provinces 
deemed most vulnerable. 
 
The Ministry of Foreign Affairs is responsible for addressing 
efforts against international trafficking.  The Ministry of Justice 
drafted a law that criminalizes trafficking, which is to be reviewed 
by the Cabinet and introduced in Parliament in 2008.  The Ministry 
of Labor and Social Affairs receives the most international 
assistance (funding and capacity building) for anti-trafficking 
efforts, primarily from UNICEF, but this is only for child 
trafficking issues.  In 2007, this ministry developed a detailed 
strategy to protect vulnerable children from trafficking and girls 
from forced/early marriage through a variety of prevention 
activities, especially at the sub-national level and in provinces of 
greatest risk.  The Ministry is now seeking funding from USAID to 
establish a secretariat to manage and monitor its strategy. 
 
¶4.  (SBU) 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? 
 
The government recognizes the need to address trafficking and has 
shown political will, but thirty years of war imposed on an already 
poor and very traditional country are reflected in ministries and 
civil institutions that are undeveloped and severely understaffed 
and resourced even as they face a backlog of demands and 
requirements.  The government, which is combating an insurgency 
which claimed the lives of over a thousand police officers in 2007, 
lacks police to dedicate to counter-trafficking.  There is no 
consensus on which ministry should take the lead on the issue of 
trafficking, and, as a result, there is inadequate coordination. 
 
Funding to train police, judges, and prosecutors on identifying and 
investigating trafficking cases remains inadequate to address the 
need.  Some elements of the border and highway police are understood 
to be complicit in trafficking activities, although there were no 
confirmed reports of this.  The government has no capacity to assist 
victims, though it supports assistance provided to trafficking 
victims by international and national NGOs. 
 
¶5.  (SBU) 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? 
 
The government does not currently have the capacity to 
systematically monitor its anti-trafficking efforts; however, with 
the assistance of foreign embassies and INGOs, it is beginning to 
build infrastructure.  Various ministries have responsibility for 
prosecution and prevention, but there was no coordination. 
 
INVESTIGATION AND PROSECUTION OF TRAFFICKERS: 
 
¶6.  (SBU) Does the country have a law specifically prohibiting 
trafficking in persons--both for sexual and non-sexual purposes 
(e.g. forced labor)?  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? 
 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). 
 
The Ministry of Justice, with the assistance of IOM, drafted an 
anti-trafficking law in 2007.  It is under review by the Cabinet and 
will be sent to Parliament in 2008.  Traffickers are currently 
prosecuted under laws designed to address kidnapping. 
 
The relevant laws criminalizing kidnapping are as follows.  The 
quality of translation is poor; however, they are from official 
translations published in Afghan law books. 
 
Penal Code 
 
Article 356: 
A person who takes away or hides a newborn baby from person who have 
legal rights over him, or changes him with another infant, or 
untruthfully relates him to some other than his mother, shall be 
sentenced in the light of circumstances to medium imprisonment. 
 
Article 418: 
A person who, himself/herself or through another, kidnaps a child, 
not yet seven years old, or someone who cannot look after himself, 
or leaves at large one of the persons mentioned in an uninhabited 
area, shall be sentenced. 
 
Article 419: 
If, as a result of commitment of the crimes specified under article 
418 of this law, some organ of the child or the person (kidnapped) 
is defected or lost, the offender shall be punished in accordance 
with the provisions of deliberate laceration or if the child or 
person (kidnapped) dies, the offender shall be punished in 
accordance with the provisions of deliberate murder. 
 
Article 420: 
¶1.  A person who, himself or through another, kidnaps, without 
coercion or fraud, a child not yet eighteen years old, shall be 
sentenced.  2.  If the kidnapped child is a girl, the offender shall 
be sentenced to long imprisonment, not exceeding ten years. 
 
Article 421: 
¶1.  A person who, himself or through another, kidnaps without 
coercion or fraud, a child not yet eighteen years old, shall be 
sentenced.  2.  If the kidnapped child is a girl, the offender shall 
receive the maximum anticipated punishment of the above paragraph. 
 
Article 423: 
If the acts specified under article 420 and 421 of this law are 
committed by a person who has influence or authority over the person 
against whom the crime has been committed, or if the former is 
charged with the responsibility of raising the latter, the offender 
shall be sentenced. 
 
Article 425: 
A person who carries off a girl, who is sixteen years or over, at 
her own will from her parents' residence for the purpose of lawfully 
marrying her, shall not be deemed as having committed an act of 
kidnapping. 
 
Article 515: 
 
A person who holds as hostage another person through threat, 
coercion or any other means, shall be sentenced to long 
imprisonment. 
 
¶7.  (SBU) What are the prescribed penalties for trafficking people 
for sexual exploitation?  What penalties were imposed for persons 
convicted of sexual exploitation over the reporting period?  Please 
note the number of convicted sex traffickers who received suspended 
sentences and the number who received only a fine as punishment. 
 
No specific law has been defined for trafficking for sexual 
exploitation. 
 
¶8.  (SBU) 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. 
 
There were no laws providing for punishment of labor traffickers. 
Article 49 of the Afghan constitution prohibits forced labor. 
 
¶9.  (SBU) What are the prescribed penalties for rape or forcible 
sexual assault?  How do they compare to the prescribed penalties for 
crimes of trafficking for commercial sexual exploitation? 
 
Article 429 of the Penal Code addresses rape cases and sexual 
assault cases.  This article provides for no more than seven years 
imprisonment in a rape case, unless aggravating circumstances exist. 
 It states: "(1) A person who through violence, threat, or deceit, 
violates the chastity of another (whether male or female), or 
initiates the act, shall be sentenced to long imprisonment, not 
exceeding seven years.  (2) In the case where the person against 
whom the crime is committed is not eighteen years old, or the person 
who commits the crime is one of the persons specified under the 
paragraph 2 of article 427 of this law, the offender shall be 
sentenced to long imprisonment, not exceeding ten years."  The Koran 
does not specifically mention a punishment for rape, but Shar'ia 
law, which Afghanistan's laws draw from, historically has treated it 
as a form of adultery punishable by stoning.  In practice, female 
rape victims are sometimes considered to have committed a crime 
themselves and are sentenced accordingly.  The penalty for sex 
trafficking has not been defined. 
 
¶10.  (SBU) Is prostitution legalized or decriminalized? 
Specifically, are the activities of the prostitute criminalized? 
Are the activities of the brothel owner/operator, clients, pimps, 
and enforcers criminalized?  Are these laws enforced?  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. 
 
Prostitution was illegal but existed.  Under Shar'ia law, 
prostitution was also considered a form of adultery and was 
punishable by lashing for unmarried prostitutes and/or unmarried 
clients of prostitutes.  For clients and/or prostitutes who were 
married, Shar'ia law stated the punishment was public death by 
stoning.  There have been no cases in which this punishment was 
carried out according to the Attorney General's office.  The Penal 
Code did not specifically mention prostitution or punishment for 
prostitution.  Courts normally considered prostitution as a form of 
adultery.  Judges usually referred to Article 427, which says that, 
"A person who commits adultery...shall be sentenced to long 
imprisonment."  The law does not provide specific sentencing 
guidelines.  Article 430 deals with the crime of "instigation to 
debauchery" and provides a minimum three years imprisonment.  The 
available translation was imperfect, but Article 430 apparently 
states that:  (1) A person who instigates a male or female, not 
eighteen years old to debauchery or a person who instigates another 
to acquire a profession pertaining to debauchery, or assists another 
in this respect, shall be sentenced to medium imprisonment, not less 
than three years and; (2) if the person committing the crime is one 
of the persons specified under the paragraph 2 of article 427 of 
this law, or the act has been performed for the purpose of acquiring 
benefit, the offender shall be sentenced to long imprisonment, not 
exceeding ten years. 
 
¶11.  (SBU) Has the government prosecuted any 
cases against humantrafficking offenders?  If so, provide numbers 
of investigations, prosecutions, convictions, and sentences 
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).  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? 
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?  Are the traffickers serving the time sentenced?  If 
not, why not?  Please indicate whether the government can provide 
this information, and if not, why not? 
 
There were 255 arrests for TIP-related offenses in 2007.  49 of the 
arrests resulted in convictions.  Sentences ranged from 5 to 12 
years.  The Attorney General's office was not able to provide 
specifics on which types of trafficking cases were most commonly 
prosecuted because they do not track such cases.  Similarly, the 
Attorney General's Office does not have data on the average length 
of sentences and whether such sentences were carried out because it 
does not track this information.  In 2007, according to the Ministry 
of Labor and Social Affairs, 6 children were repatriated from Saudi 
Arabia; 2 children were repatriated from Pakistan, and 11 children 
were internally trafficked for sexual exploitation.  There were no 
data available on labor traffickers or their victims, as the 
government lacked the capacity to track the issue. 
 
¶12.  (SBU) Does the government provide any specialized training for 
government officials in how to recognize, investigate, and prosecute 
instances of trafficking?  Specify whether NGOs, international 
organizations, and/or the USG provide specialized training for host 
government officials. 
 
Working through IOM, the USG provided anti-trafficking training for 
border police, the judiciary and Afghan National Police.  During the 
reporting period, 60 individuals received training.  The government 
itself does not have capacity to offer such training.  When 
conducted, such training is provided by international NGOs but not 
with any consistency. 
 
¶13.  (SBU) 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? 
 
In theory, the government cooperates with investigation and 
prosecution, but there were no international investigations during 
the year. 
 
¶14.  (SBU) 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?  Does 
the government extradite its own nationals charged with such 
offenses?   If not, is the government prohibited by law from 
extraditing its own nationals?  If so, what is the government doing 
to modify its laws to permit the extradition of its own nationals? 
 
There were no extraditions of traffickers.  Afghanistan has no 
extradition law, but Parliament is scheduled to consider one this 
year. 
 
¶15.  (SBU) Is there evidence of government involvement in or 
tolerance of trafficking, on a local or institutional level?  If so, 
please explain in detail. 
 
There were no reports of institutional involvement in trafficking by 
the government.  The Ministry of Interior stated that no police 
officials have been arrested for involvement in trafficking.  There 
are unconfirmed reports of corrupt Afghan National Police and Afghan 
Border Police officers being complicit in trafficking, but there was