VZCZCXRO0626
RR RUEHBZ RUEHDU RUEHJO RUEHRN
DE RUEHMR #0073/01 0701738
ZNR UUUUU ZZH
R 101738Z MAR 08
FM AMEMBASSY MASERU
TO RUEHC/SECSTATE WASHDC 3594
INFO RUCNSAD/SADC COLLECTIVE
RUEHMR/AMEMBASSY MASERU 4009

UNCLAS SECTION 01 OF 05 MASERU 000073 
 
SIPDIS 
 
SIPDIS 
 
DEPT ALSO FOR G/TIP, AF/S 
 
E.O. 12958: N/A 
TAGS: ELAB KCRM KFRD KWMN PHUM PREF SMIG LT
SUBJECT: LESOTHO: 2008 TRAFFICKING IN PERSONS REPORT SUBMISSION 
 
REF: STATE 2731 
 
MASERU 00000073  001.2 OF 005 
 
 
¶1. (U) SUMMARY:  Following extensive interviews with local 
experts, law enforcement officials, and members of Lesotho's 
civil society, post has not identified a substantiated case of 
trafficking in persons in the Kingdom of Lesotho.  In drafting 
this report, sources informed post of a case involving an 
Ethiopian woman in Lesotho who claimed abuse by her employer; 
this is an on-going legal case, however, in which key facts are 
still being established in Lesotho's courts.  There are large 
numbers of Basotho living legally and illegally in neighboring 
South Africa, which completely surrounds Lesotho, mostly as 
economic migrants who have crossed the porous border.  This 
population may be vulnerable to exploitation while in transit or 
once within South Africa; however, post's sources had no 
concrete information regarding organized trafficking and are not 
aware of any outstanding cases involving Basotho victims in 
South Africa.  There are no NGOs in Lesotho that work 
exclusively or specifically with trafficking victims.  Lesotho 
is a least development country and its only international flight 
connections are directly to and from South Africa (where wage 
levels are much higher).  There is, therefore, no economic 
incentive for trafficked persons, or traffickers, to identify 
Lesotho as a final destination.  END SUMMARY. 
 
¶2. (SBU) Post's primary sources (PROTECT) for this report are 
Inspector Thosa, Child and Gender Protection Unit (CGPU); 
Superintendent Thabang Letsie, Lesotho Mounted Police Service 
(LMPS) Criminal Investigation Division (LMPS); Pulane Lechesa, 
Legal Officer, Directorate of Legal Affairs in the Ministry of 
Foreign Affairs; Mookho Thahane, Child Protection and Advocacy 
Officer, World Vision; Sisters Lylian Mphutlane and Bathilda 
Heqoa, Elizabeth Catholic Church; Flora Gitari, Country Director 
a.i., and Sechaba Mokhameleli, Program Officer, Action Aid; 
T'seli Shale and `Mats'epang Mokatse, Programs Managers, Lesotho 
Save the Children; Palesa Montsi, Inter-Governmental Ministerial 
UNESCO Committee on Human Trafficking; Lydia `Muso, Lesotho 
Child Counseling Unit (LCCU); and Teboho Nthlakana, Ministry of 
Justice and Human Rights.  None of these sources, with the 
exception of the LMPS in the case of a particular case cited in 
paragraph 3 below, were able to identify a case of trafficking 
in persons as defined reftel.  These sources, however, did 
report rumors of undocumented cases of migrant smuggling of 
Basotho into South Africa, and that some of those smuggled may 
have become commercial sex workers. 
 
--------------------- 
Response to Questions 
--------------------- 
 
Below are the responses to questions posed reftel regarding the 
trafficking in persons situation in Lesotho. 
 
OVERVIEW 
-------- 
 
¶3.  Is the country a country of origin, transit or destination 
for international trafficked men, women, or children? 
 
Lesotho is a least development country completely landlocked by 
South Africa.  It shares a long and porous border with South 
Africa, and its only international flight connections are 
directly to and from Johannesburg (where wage levels are much 
higher).  There is, therefore, no economic incentive for 
trafficked persons, or traffickers, to identify Lesotho as a 
final destination.  However, members of Lesotho's police service 
have discussed with Embassy staff suspicions of Lesotho serving 
as a transit point for South and East Asians being smuggling 
into South Africa.  It is unknown whether any of these 
individuals were victims of trafficking. 
 
Only one official case currently in Lesotho which appears 
related to trafficking.  This is an on-going legal case in which 
key facts are still being established in Lesotho's courts. 
 
An Ethiopian woman residing illegally in Lesotho contacted the 
Ethiopian Embassy in Pretoria to claim that she was abused by 
the Ethiopian family with whom she was residing in Lesotho.  She 
indicated that she was forced to work long hours and was 
physically assaulted by the female owner of the house. 
Lesotho's Police Criminal Investigation Division launched an 
investigation after being contacted by the Ethiopian Embassy in 
South Africa.  Police established that the complainant had 
entered Lesotho illegally and did not have a passport, residence 
permit, or work permit.  She claimed that her passport was taken 
by her employer and subsequently stolen in a burglary. 
 
The Ethiopian worker stated to police that she had come to 
Lesotho voluntarily.  As Lesotho has no specific law defining 
trafficking as a criminal offense, the police charged the family 
as well as the women claiming abuse of violation the Aliens 
Control Act and the Labor Law.  During their investigation, 
 
MASERU 00000073  002.2 OF 005 
 
 
police also found out that members of the accused family had 
made periodic bank deposits to the accuser's account which they 
stated was payment for her services.  On February 16, 2008, the 
police informed post that they were awaiting news of a financial 
settlement between the two parties before they take further 
action. 
 
 
PREVENTION 
---------- 
 
¶4.  Which government agencies are involved in anti-trafficking 
efforts? 
 
Lesotho's Ministry of Home Affairs and Public Safety; the 
Lesotho Mounted Police Service (including the LMPS's Child and 
Gender Protection Unit); the Ministry of Justice's Human Rights 
Unit; the Ministry of Education and Training; the Ministry of 
Gender, Youth and Sports; and the Ministry of Labor and 
Employment are each involved to varying degrees in any reported 
anti-trafficking efforts.  These government agencies cooperate 
with the local UNICEF and UNESCO offices to address reports of 
child prostitution, which is thought to be a poverty-driven 
phenomenon and not the product of organized criminal syndicates. 
 
¶5.  How reliable are statistics regarding trafficking and what 
are their sources? 
 
Due to Lesotho's lack of legislation on trafficking issues, 
official information and official records on the issue are not 
maintained. 
 
¶6.  Are there or have there been any government-run 
anti-trafficking public information or public education 
campaigns? 
 
Not specifically on anti-trafficking.  An inter-sectoral 
committee made up of government ministries and NGOs has held 
public gatherings on human rights which have addressed 
trafficking issues.  Some local and international NGOs have 
conducted public awareness campaigns on human trafficking. 
 
¶7.  Does the government support other programs to prevent 
trafficking? 
 
While intended to address economic empowerment rather than human 
trafficking, the government's ongoing incremental implementation 
of free primary level education (completed in 2006) has the 
effect of expanding school enrollment and attendance, which in 
turn reduces the opportunities for child trafficking. 
 
The U.S. Government conducts occasional programs to raise 
awareness of trafficking and diminish its 
 
¶8.  What is the relationship between government officials, NGOs, 
other relevant organizations and other elements of civil society 
on the trafficking issue? 
 
The GOL generally has a good operational relationship with 
Lesotho's civil society, although traditional tensions between 
governing and opposition political parties can in some cases 
limit collaboration.  On trafficking issues, however, the GOL 
remains receptive and open to interaction and cooperation with 
civil society. 
 
¶9.  Does the government adequately monitor its borders? 
 
Lesotho's control of its border is generally considered 
inadequate.  Lesotho is entirely surrounded by South Africa, and 
the border is comprised of rivers and rugged and mountainous 
terrain, making its monitoring and patrolling difficult. 
Criminal elements take advantage of the nation's porous borders 
to conduct smuggling of livestock, small weapons, vehicles, and 
marijuana. 
 
¶10.  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?  Does the government 
have a trafficking in persons working group or single point of 
contact?  Does the government have a public corruption task 
force? 
 
UNESCO and representatives from relevant GOL ministries 
established an inter-ministerial committee with the intention of 
conducting research and creating awareness on human trafficking. 
 Lesotho's civil society, however, often criticizes the 
effectiveness of this committee.  The International Organization 
for Migration (IOM) and UNICEF also liaise with the GOL and 
various NGOs to promote anti-trafficking efforts. 
 
 
MASERU 00000073  003.2 OF 005 
 
 
INVESTIGATION AND PROSECUTION OF TRAFFICKERS 
-------------------------------------------- 
 
¶11.  Does the country have a law specifically prohibiting 
trafficking in persons - both trafficking for sexual 
exploitation and trafficking for non-sexual purposes (e.g. 
forced labor)? 
 
The country does not have legislation specifically addressing 
trafficking in persons and has not enacted any such legislation 
since the most recent TIP report.  An existing law, however, 
does prohibit the procurement of women or girls for the purpose 
of prostitution.  Traffickers could be charged under Lesotho's 
statutes pertaining to abduction or kidnapping.  The GOL 
generally supports women's rights, and all citizens are 
constitutionally guaranteed freedom from slavery and forced 
labor.  The constitution stipulates that "no person shall be 
held in slavery or servitude." 
 
The Child Protection Act of 1980 and the Sexual Offenses Act of 
2003 can be used to prosecute offenders, but do not sufficiently 
address issues of human trafficking. The Child Protection and 
Welfare Bill, which is slated to replace the Child Protection 
Act of 1980, is still waiting to be passed into law. 
 
¶12.  What are the penalties for traffickers of people for sexual 
exploitation? 
 
As there is no specific legislation on human trafficking, there 
are no specific sentences for trafficking for sexual 
exploitation.  Instead, the GOL can apply laws that prohibit 
kidnapping, forced labor, or sexual abuse. 
 
¶13.  Punishment for Labor Trafficking Offenses? 
 
As there is no legislation on human trafficking, there are no 
specific sentences for trafficking for labor exploitation. 
Instead, the GOL can apply laws that prohibit kidnapping, forced 
labor, or sexual abuse. 
 
¶14.  What are the penalties for rape or forcible sexual assault? 
 
The minimum penalty for rape or forcible sexual assault is five 
years and the maximum is death, depending on the nature of the 
case and the jurisdiction of the magistrate presiding over the 
case. 
 
¶15.  Is prostitution legalized or decriminalized? 
 
Lesotho's legal code does not address prostitution. 
Prostitution is not, therefore, de jure illegal; however, 
prostitutes are often arrested for other offenses. 
 
¶16.  Has the government prosecuted any cases against traffickers? 
 
As there is no specific legislation on human trafficking, there 
have been no prosecutions. 
 
¶17.  Is there any information or reports of who is behind the 
trafficking? 
 
There were no official reports during 2007. 
 
¶18.  Does the government actively investigate cases on 
trafficking? 
 
As the case of the Ethiopian woman recounted above in paragraph 
3 demonstrates, authorities do actively investigate cases of 
alleged trafficking. 
 
¶19.  Does the government provide any specialized training for 
government officials in how to recognize, investigate and 
prosecute instances of trafficking? 
 
No.  The GOL inter-ministerial committee and UNESCO have 
requested that U.S. Embassy Maseru provide resources for such 
training. 
 
¶20.  Does the government cooperate with other governments in the 
investigation and prosecution of trafficking cases? 
 
There are no known cases of the GOL either asking other 
governments or being asked by other governments to assist in 
trafficking investigations or prosecutions. 
 
¶21.  Does the government extradite persons who are charged with 
trafficking in other countries? 
 
There are no known cases of the GOL being requested to extradite 
persons charged with trafficking to other countries. 
 
 
MASERU 00000073  004.2 OF 005 
 
 
¶22.  Is there evidence of government involvement in or tolerance 
of trafficking, on a local or institutional level? 
 
No. 
 
¶23.  Have any government officials been prosecuted for 
involvement in trafficking? 
 
No. 
 
¶24.  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? 
 
The country has not been identified as having a child sex 
tourism problem, and no foreign pedophiles have been identified. 
 In June 2001, Lesotho submitted to the ILO an instrument of 
ratification for Convention 182 concerning the worst forms of 
child labor.  The Rights of the Child Convention was ratified in 
April 1992.  The Protocol to Prevent, Suppress, and Punish 
Trafficking In Persons, especially Women and Children, 
Supplementing the UN Convention Against Transnational Organized 
Crime is currently under discussion for ratification. 
 
 
PROTECTION AND ASSISTANCE TO VICITMS 
------------------------------------ 
 
¶25.  Does the government assist victims, for example, by 
providing temporary to permanent residency status, relief from 
deportation, shelter and access to legal, medical and 
psychological services?  If so, please explain.  Does the 
country have victim care and victim health care facilities? 
 
The Ministry of Health and Social Welfare and the Lesotho Child 
Counseling Unit (LCCU) offer help to vulnerable and abused 
children generally, but it is not specifically geared to 
trafficking victims.  No other assistance to trafficking victims 
is funded by the government. 
 
¶26.  Does the government provide funding or other forms of 
support to foreign or domestic NGOs for services to victims? 
 
Since there are no NGOs in Lesotho with a focus exclusively on 
trafficking, the government does not provide such support. 
 
¶27.  Do the government's law enforcement and social services 
personnel have a formal system of identifying victims of 
trafficking among high-risk persons with whom they come in 
contact (e.g. foreign persons arrested for prostitution or 
immigration violations)?  Is there a referral process in place, 
when appropriate, to transfer victims detained, arrested or 
placed in protective custody by law enforcement authorities to 
NGO's that provide short-or long-term care? 
 
There are no such processes in place in Lesotho. 
 
¶28.  Are the rights of victims respected, or are victims treated 
as criminals?  Are victims detained, jailed, or deported?  If 
detained or jailed, for how long?  Are victims fined?  Are 
victims prosecuted for violations of other laws, such as those 
governing immigration or prostitution? 
 
While the final conclusion of the trafficking case detailed in 
paragraph 3 involving an Ethiopian woman has not yet been 
resolved, the Government of Lesotho did accuse both her and 
those whom she accused of abuse of violations of the Aliens 
Control Act and the Labor Law.  However, the possible 
trafficking victim has not yet been punished or given any 
sentence under these statutes. 
 
¶29.  Does the government encourage victims to assist in the 
investigation and prosecution of trafficking?  May victims file 
civil suits or seek legal action against the traffickers?  Does 
anyone impede the victims' access to such legal redress?  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?  Is there a 
victim restitution program? 
 
The government did interview the possible trafficking victim 
identified in paragraph 3 and is using her testimony in an 
ongoing criminal case.  There is no victim's restitution 
program, although the Lesotho Mounted Police Service has 
actively encouraged those accused of abusing this individual to 
pay her back wages.  There have been no cases of trafficking 
victims suing their exploiters. 
 
¶30.  What kind of protection is the government able to provide 
for victims and witnesses?  Does it provide these protections in 
 
MASERU 00000073  005.2 OF 005 
 
 
practice?  What type of shelter or services does the government 
provide?  Does it provide shelter or housing benefits to victims 
or other resources to aid the victims in rebuilding their lives? 
 Where are child victims placed (e.g. in shelters, foster-care, 
or juvenile justice detention centers). 
 
The government does not provide specific protection or support 
to trafficking victims.  Child victims, however, would be 
eligible for support from the Ministry of Health and Social 
Welfare and the Lesotho Child Counseling Unit (LCCU). 
 
¶31.  Does the government provide any specialized training for 
government officials in recognizing trafficking and in the 
provision of assistance to trafficked victims, including the 
special needs of trafficked children? 
 
Lesotho provides no such training.  An inter-ministerial 
committee was established under the chairmanship of UNESCO, and 
such training may be provided by this committee in the future. 
 
¶32.  Does the government provide assistance, such as medical 
aid, shelter, or financial help, to its repatriated nationals 
who are victims of trafficking? 
 
The government does not offer such services.  Foreign donors, 
however, funded certain local orphanages to build new shelters 
or expand existing structures. 
 
¶33.  Which international organizations or NGOs, if any, work 
with trafficking victims?  What type of services do they 
provide?  What sort of cooperation do they receive from local 
victims? 
 
World Vision has assisted local NGOs to disseminate trafficking 
information to the public.  Other local NGOs have begun limited 
public awareness campaigns, but have indicated that a lack of 
resources hamper their efforts.  One local NGO conducted a study 
of the trafficking situation in 2006, but the results of the 
study have been dismissed by the government and much of 
Lesotho's civil society as unscientific and unreliable. 
 
¶34. (U) POC on trafficking: Chris Smith, PD/Econ/Pol Officer, 
Tel: 266-22-312-666, email: SmithCM3@state.gov 
NOLAN