VZCZCXRO0676
RR RUEHBZ RUEHDU RUEHJO RUEHMR RUEHRN
DE RUEHTO #0322/01 1081201
ZNR UUUUU ZZH
R 171201Z APR 08 ZDK
FM AMEMBASSY MAPUTO
TO RUEHC/SECSTATE WASHDC 8758
INFO RUCNSAD/SOUTHERN AFRICAN DEVELOPMENT COMMUNITY
RUEHLO/AMEMBASSY LONDON 0143

UNCLAS SECTION 01 OF 02 MAPUTO 000322 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: ELAB KCRM KFRD KWMN MZ PHUM SMIG
SUBJECT: MOZAMBIQUE ADOPTS COMPREHENSIVE ANTI-TIP LAW: 
FIRST IN SADC 
 
REF: A) MAPUTO 261 B) MAPUTO 190 C) 07 MAPUTO 1293 D) 
     07 MAPUTO 1060 E) 07 MAPUTO 886 
 
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SUMMARY 
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¶1. (SBU) On April 10, Mozambique's National Assembly 
unanimously passed an anti-Trafficking in Persons (TIP) law, 
becoming the first country in SADC to adopt such 
comprehensive legislation.  The adoption was the result of a 
"perfect storm" in recent months, including a constant 
lobbying effort by USG officials and civil society groups 
coupled with a highly publicized TIP case in March (ref A) 
that shocked and angered all levels of society.  Mozambique's 
law is considered strong by international standards and could 
serve as a model for other countries in the region, 
particularly in the run-up to the 2010 FIFA World Cup in 
South Africa.  The next step in the process is to ensure that 
the law is widely disseminated and that police officials, 
border guards, and judicial sector workers receive 
appropriate training on prosecution, protection, and 
prevention methods. The passage of the law is a monumental 
achievement for the GRM, and the Embassy will continue to 
support these efforts with existing and future program 
funding.  END SUMMARY. 
 
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THE PERFECT STORM 
----------------- 
 
¶2. (U) The National Assembly's unanimous approval on April 10 
of the TIP legislation capped a remarkable turn of events 
that began with the January case of 39 children found being 
transported in squalid conditions, ostensibly to a madrassa 
that did not know they were coming (ref B). The case was 
reported widely in the press, and civil society groups argued 
strongly that the children were victims of trafficking. 
Although the Attorney General ultimately decided the case did 
not involve trafficking, the ensuing public debate reignited 
discussion on the status of the draft law. 
 
¶3. (SBU) Following a meeting with the head of the Legal 
Affairs and Human Rights Committee in August 2007 (ref D), 
Post arranged a meeting between the Charge and President of 
the National Assembly Eduardo Mulembwe.  The strategy was to 
encourage the Assembly President to schedule the draft law 
for debate during the first legislative agenda of the year. 
Unfortunately, by the time the meeting occurred on February 
26, the agenda had been finalized without the inclusion of 
the draft law.  The Charge reminded Mulembwe of USG technical 
assistance in drafting the law, reiterated the importance of 
Mozambique being the first country in SADC with a 
comprehensive law, and strongly urged that an addendum be 
made to the legislative agenda.  Within a week, we received a 
copy of an addendum which placed the law on the current 
agenda for discussion, and Mulembwe called the Charge to 
assure that this issue would be addressed by the National 
Assembly. 
 
¶4. (U) On March 20 Mozambique Television (TVM) reported on 
the case of two Mozambican girls trafficked to South Africa. 
TVM's report brought a more human face to the debate, and the 
details surrounding the apprehended trafficker and her 
recruiting and detention techniques sent shockwaves 
throughout the country.  For the first time the issue was 
being discussed at all levels of society, opening inroads for 
further lobbying on the need for a law.  In the weeks since 
the TVM report, the press has run almost daily articles on 
updates to the case, the need for a law, and at least four 
new reported cases of trafficked Mozambican children.  These 
developments demonstrate that awareness of the issue is on 
the rise, and the police are responding better and appear to 
be working more closely with NGOs on the issue. 
 
---------------- 
NOTES ON THE LAW 
---------------- 
 
¶5. (U) While the National Assembly approved the law, it did 
so with the understanding that some technical revisions still 
needed to be made by the Ministry of Justice regarding 
penalties.  The law originally punished those involved in 
trafficking with prison sentences of 8-12 years.  However, 
following the exposure of the March 20 case by TVM, lawmakers 
decided that stiffer penalties were necessary.  One amendment 
states that anyone who "recruits, transports, shelters, 
provides or receives a person by any means, including on the 
pretext of employment in the country or abroad, for purposes 
of prostitution, forced labor, slavery, or involuntary or 
 
MAPUTO 00000322  002 OF 002 
 
 
debt servitude" will be punished with 16-20 years' 
imprisonment.  Once proposed revisions are finalized by the 
Ministry of Justice, they will be resubmitted to the National 
Assembly, which will then proceed with a final discussion and 
vote to include the revisions in the approved version of the 
law. 
 
¶6. (U) Other notable prison penalties encompassing the law 
include 8-12 years for those who rent buildings to be used in 
connection with human trafficking, two to eight years for 
those using any form of publicity to promote trafficking, and 
two to eight years for anyone who confiscates, hides, or 
destroys passports or travel documents of those being 
trafficked.  Prosecutions will not rely on whether a victim 
files an official complaint, or whether a victim or guardian 
provides consent.  In addition to penalties, the 
comprehensive law outlines protection and prevention 
measures.  Witnesses and whistleblowers will receive special 
protection, victims' identity will be protected, and the 
government will provide shelter, medical and psychological 
care, legal advice, and reintegration support.  The GRM will 
budget approximately USD 360 thousand for the enforcement of 
the law. 
 
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NEXT STEPS 
---------- 
 
¶7. (SBU) Civil society groups in Mozambique are now focused 
on several major "next steps:" widely disseminate the law, 
train police, border guards, and judicial officials, and use 
the new law as a model for other SADC countries to adopt 
before the 2010 FIFA World Cup.  Dissemination will be a 
challenge considering the size of the country, lack of 
infrastructure, and low literacy rates, but help is coming 
from unexpected sources.  Radio Mozambique, still the primary 
source of information for most Mozambicans, sent a 
congratulatory letter to civil society groups that worked on 
the law and offered its 15 channels (broadcast in 20 local 
languages and Portuguese) as a medium for disseminating 
information.  In addition, several multilateral organizations 
are working with the diplomatic corps to coordinate training 
assistance for the police, border guard, and judicial 
officials. 
 
¶8. (U) One Mozambican NGO is already looking toward the 2010 
FIFA World Cup.  The Southern African Network against 
Trafficking and Abuse of Children (SANTAC) has begun 
organizing resources to advocate for anti-TIP laws in other 
SADC countries using the recently adopted Mozambican law as a 
model.  SANTAC would like all SADC countries to have a 
comprehensive law before the start of the World Cup, 
particularly following reports that upwards of 50,000 
prostitutes from numerous countries were in Germany for the 
2002 World Cup.  Mozambique's proximity to South Africa, the 
porous border crossings, and the already-established 
trafficking networks increase the risk that large numbers of 
Mozambican girls may be trafficked to South Africa for the 
World Cup. 
 
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COMMENT 
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¶9. (SBU) The unanimous passing of the anti-TIP law is a 
monumental achievement for the GRM and Mozambican civil 
society.  USG technical assistance and consistent diplomatic 
engagement complemented the collaboration between the GRM and 
a determined civil society.  The USG's growing financial 
assistance programs in the country also provided post with 
significant leverage.  In the closing months, the GRM acted 
with uncharacteristic swiftness.  Post is ready to do more to 
assist the GRM and Mozambican civil society in the next 
stages of dissemination and training, and intends to use 
existing and future program funding to that end. 
Chapman