VZCZCXRO4950
OO RUEHBC RUEHDBU RUEHDE RUEHDIR RUEHKUK RUEHPW
DE RUEHBUL #0362/01 0490306
ZNR UUUUU ZZH
O 180306Z FEB 09
FM AMEMBASSY KABUL
TO RUEHC/SECSTATE WASHDC IMMEDIATE 7419
INFO RUCNAFG/AFGHANISTAN COLLECTIVE PRIORITY
RUCNIRA/IRAN COLLECTIVE
RUEHDBU/AMEMBASSY DUSHANBE 0001
RUEHIL/AMEMBASSY ISLAMABAD 7260

UNCLAS SECTION 01 OF 06 KABUL 000362 
 
SIPDIS 
SENSITIVE 
 
E.O. 12958: N/A 
TAGS: KTIP KCRM PHUM KWMN SMIG KFRD ASEC PREF ELAB
AF 
SUBJECT: AFGHANISTAN'S 2009 TIP QUESTIONNAIRE RESPONSE 
 
REF: 08STATE132759 
 
KABUL 00000362  001.2 OF 006 
 
 
¶23. (SBU) THE COUNTRY'S TIP SITUATION: 
 
¶A. 
 
The sources of available information on trafficking include 
the Ministries of Interior, Justice, and Women's Affairs, the 
Attorney General's Office, the Supreme Court, the Afghanistan 
Independent Human Rights Commission  (AIHRC) the Institute on 
Migration (IOM), UNICEF, UNIFEM, and numerous 
non-governmental organizations.  IOM together with MOI is 
developing a G/TIP-funded common database for tracking and 
sharing TIP-investigation, arrest, prosecution information. 
General lack of governmental capacity and the pre-August 2008 
absence of a specific TIP law made obtaining precise 
quantitative statistics difficult.   Many government agencies 
and non-government organizations are involved in anti-TIP 
efforts, however, and it is often possible to obtain and 
compare data from several sources. 
 
¶B. 
 
The country is a country of origin, transit, and destination 
for internationally trafficked men, women, and children. 
Trafficking also occurs within the country's borders, 
including areas under insurgent control.  Afghan men are 
trafficked to Iran and Pakistan for forced labor and debt 
bondage.  Most Afghans working in Iran went voluntarily and 
continue to work there voluntarily.  Some Iranian employers, 
however, treated Afghans as indentured servants or otherwise 
did not pay wages.  Afghan women and girls are trafficked 
internally and to Pakistan and Iran for forced or sham 
marriages and sexual exploitation.  Afghan children are 
trafficked internally for forced labor, forced begging, debt 
bondage, sexual exploitation, forced marriage to settle debts 
or disputes, and service as child soldiers.  Afghan children 
are also trafficked to Iran and Pakistan for forced labor and 
forced marriages.  Afghan boys are trafficked to Pakistan for 
paramilitary training and to Iran and Pakistan as part of the 
drug smuggling industry.  Afghanistan is also a destination 
for women and girls from Iran and Tajikistan trafficked for 
commercial sexual exploitation.  Tajik women are also 
believed to be trafficked through Afghanistan to Pakistan and 
Iran for commercial sexual exploitation.  There have been no 
dramatic changes in these patterns since the last TIP report. 
 
 
¶C. 
 
Little information existed on the conditions into which 
victims are trafficked either internally or abroad. 
 
¶D. 
 
Boys from poor families especially from border provinces were 
more at risk for being trafficked for forced labor, sexual 
exploitation, paramilitary service, and drug smuggling. 
 
¶E. 
 
Little information existed on the average profile of 
traffickers. Traffickers used a variety of methods to 
approach victims, including the following: traffickers lured 
foreigners to Afghanistan under the pretense of high-paying 
employment opportunities in the reconstruction effort; 
instead the brokers forced the people into labor or sex work 
without pay.  Some Afghan men forced their wives into 
prostitution.  Parents in poor, rural parts of Afghanistan 
often willingly send their children with traffickers in the 
hopes that the children can gain employment and send money 
home.  Many of these children end up in forced labor 
situations, particularly in Pakistan carpet factories.  Some 
parents send their sons with traffickers who promised to 
enroll them in good schools in Pakistan when in fact the 
traffickers delivered these children to paramilitary training 
camps.  Brokers increasingly use internet sites to attract 
women and girls, promise marriage to a wealthy husband, 
provide the women with forged travel documents and then sell 
the victims to a trafficker. 
 
¶24. (SBU) SETTING THE SCENE FOR THE GOVERNMENT'S ANTI-TIP 
EFFORTS: 
 
¶A. 
 
The government acknowledges that trafficking is a problem in 
the country. 
 
KABUL 00000362  002.2 OF 006 
 
 
 
¶B. 
 
Afghanistan's anti-TIP law required the formation of a high 
commission for countering human trafficking, headed by the 
MOJ and composed of representatives from the Attorney 
General's Office, MOI, Ministry of Foreign Affairs (MFA), 
Ministry of Education, Ministry of Religious Affairs, 
Ministry of Women's Affairs (MOWA), Ministry of Public 
Health, AIHRC, and several other organizations.  MOI has the 
primary responsibility for reporting and investigating cases 
and the most direct contact with victims.  MOI has a 
counter-trafficking unit staffed with six IOM-trained 
officers dedicated to investigation of TIP cases.  MOWA 
assists trafficking victims by providing legal and social 
counseling and referring victims to shelters.  The Ministry 
of Labor and Social Affairs plays an informal lead role in 
working to combat trafficking for the purpose of forced 
labor, especially child trafficking for forced labor 
purposes.  The Attorney General's Office is responsible for 
keeping statistics on prosecutions and convictions.  MFA is 
responsible for addressing efforts against international 
trafficking. 
 
¶C. 
 
The government recognizes the need to address trafficking and 
has shown political will, but Afghanistan is the fourth 
poorest country in the world and has faced the challenge of 
thirty years of war and an ongoing insurgency as it tries to 
address a full range of governance demands. Ministries and 
civil institutions are undeveloped and severely understaffed 
and resourced. 
 
Funding to train police, judges, and prosecutors on 
identifying and investigating trafficking cases remains 
inadequate to address the need.  Afghanistan's anti-TIP law 
provides for protection of victims by prohibiting prosecution 
of trafficking victims and by allowing foreign TIP victims to 
remain legally in Afghanistan for at least six months. 
Although Afghanistan is unable to financially support TIP 
victims, it concurs with assistance provided to trafficking 
victims by international and national NGOs. 
 
¶D. 
 
The government does not have the capacity to systematically 
monitor its anti-trafficking efforts; however,  it is 
beginning to build infrastructure with the assistance of 
foreign embassies and NGOs.  MOI's coordination with IOM to 
develop a database of TIP investigations and prosecutions 
will greatly assist this effort.  Also, the MOJ-headed high 
commission for countering human trafficking is improving 
government-wide coordination on anti-TIP efforts. 
 
¶25. (SBU) INVESTIGATION AND PROSECUTION OF TRAFFICKERS: 
 
¶A. 
 
Afghanistan has a law specifically prohibiting trafficking in 
persons including for sexual exploitation and labor.  The 
law, entitled Countering Abduction and Human Trafficking, was 
enacted on July 15, 2008.  The complete text of the law will 
be sent separately.  The law covers both internal and 
transnational forms of trafficking.  The law defines human 
trafficking as the "transfer, transit, employing, keeping and 
or giving a person in one's control for exploitation or by 
taking advantage of weak financial status or helplessness by 
spending or taking money or interest or other means of 
deception for winning the consent of the victim or of the 
person who is the guardian."  The law defines exploitation as 
trafficking for "employment, buying, selling, sexual, 
criminal, making pornographic pictures and movies, armed 
fighting, forced labor, cutting or removal of body organs, 
medical or health experiments or forcing victims to perform 
other illegal acts."  Prior to the enactment of this law, the 
government prosecuted traffickers under several statutes 
criminalizing various forms of kidnapping and sexual abuse. 
 
¶B. 
 
The prescribed penalty for trafficking people for sexual 
exploitation is life imprisonment. 
 
¶C. 
 
The prescribed penalty for trafficking for labor exploitation 
is "maximum term" imprisonment, which in practice is between 
 
KABUL 00000362  003.2 OF 006 
 
 
8-15 years.   Afghanistan's counter-trafficking law provides 
for punishment for organizers of crimes and dictates 
organizers shall receive the same punishment as the 
trafficker. 
 
¶D. 
 
Article 429 of the Penal Code addresses rape case and sexual 
assault cases.  This article provides for a maximum of seven 
years imprisonment in a rape case, unless aggravating 
circumstances, including prior rape convictions, exist. 
 
¶E. 
 
The government prosecuted cases against human trafficking 
offenders during the reporting period as kidnapping or rape 
cases.  The government is making a transition to acting based 
on the new trafficking law.  The Attorney General's Office 
reported it prosecuted under kidnapping and rape statutes 62 
cases meeting the definition of human trafficking, during the 
reporting period.  The sentences ranged from 5-18 years 
imprisonment.  Additional statistics regarding the breakdown 
by type of TIP and victims were not available. 
 
¶F. 
 
Working through IOM, the USG provided anti-trafficking 
training for prosecutors, judges, and police, including MOI 
officials in the Afghan National Police criminal 
investigation division (CID).  During the reporting period, 
approximately 1000 individuals received training. 
 
¶G. 
 
There were no instances of international investigations 
during the year.  Afghanistan reported difficulty engaging 
Pakistani authorities effectively on investigating 
cross-border trafficking.  Law enforcement and other 
government officials from the United Arab Emirates, Iran, 
Pakistan, and Afghanistan participated actively in an 
IOM-organized conference on combating international 
trafficking held in Kabul in October 2008. 
 
¶H. 
 
There were no extraditions of traffickers because Afghanistan 
does not have an extradition law.  The lower house of the 
national assembly approved a draft extradition law, but the 
draft awaits action by the upper house. 
 
¶I. 
 
There are no reports of government involvement in 
trafficking.  MOI stated no police officials have been 
arrested for involvement in trafficking.  There are 
unconfirmed allegations (but no documentation) of corrupt 
Afghan National Police and Afghan Border Police officers 
being complicit in trafficking. 
 
¶J. 
 
Not Applicable 
 
¶K. 
 
The Penal Code does not specifically mention prostitution or 
punishment for prostitution.  Prosecutors and courts normally 
considered prostitution as a form of adultery. 
 
¶L. 
 
Afghanistan does not contribute troops to international 
peacekeeping operations. 
 
¶M. 
 
Sex tourism has not been identified as a problem in 
Afghanistan. 
 
¶26. (SBU) PROTECTION AND ASSISTANCE TO VICTIMS: 
 
¶A. 
 
Afghanistan's anti-TIP law prohibits the government from 
prosecuting victims of trafficking and mandates the 
government allow foreign national victims to remain in 
Afghanistan for at least six months.  In the absence of 
appropriate family members, the government must refer victims 
 
KABUL 00000362  004.2 OF 006 
 
 
to an appropriate social services organization and 
appropriate medical facilities.   The law also requires, in 
the case of an Afghan national trafficked abroad, that the 
Afghan consulate or Embassy "comprehensively assist the 
victim including assistance with pursuing charges against the 
trafficker and claiming financial compensation for losses." 
The government regularly referred victims to NGO-run victim 
care facilities.  The government did not forcibly deport any 
foreign victims of trafficking during the reporting period 
and regularly referred these victims to IOM and NGOs 
providing care services. 
 
¶B. 
 
Care facilities are run by NGOs with the government assisting 
in referring and transporting victims to these locations. 
NGOs running these care facilities reported good and regular 
coordination with the Ministries of Women's Affairs, 
Interior, and Foreign Affairs.  Foreign victims have the same 
access to care as domestic trafficking victims do.  Child 
victims are placed with NGO-run care facilities, government 
social service agencies, or in orphanages.  The shelters are 
not specifically for trafficking victims.  The country does 
not have specialized facilities for male victims. 
 
¶C. 
 
MOWA provides free legal services to victims of trafficking. 
Both MOWA and MOI refer trafficking victims to health care 
facilities providing free basic treatments.  As is the case 
for a number of public services, the government connects 
international donors with NGOs offering services to victims 
of trafficking.  The government lacks its own resources to 
provide services to victims of trafficking. 
 
¶D. 
 
Afghanistan allows foreign victims of trafficking to remain 
legally in Afghanistan for at least six months.  The 
government did not forcibly deport any foreign victims of 
trafficking during the reporting period and regularly 
referred these victims to IOM and NGOs providing care 
services. 
 
¶E. 
 
The government does not provide this assistance. 
 
¶F. 
 
The government has a written policy to refer victims of 
domestic violence including victims of trafficking to NGO-run 
shelters.  NGOs reported the government followed this policy 
in the overwhelming majority of instances. 
 
¶G. 
 
The precise number of trafficking victims identified during 
the reporting period was unavailable.  One Kabul shelter 
received 32 victims during the last nine months of 2008-- the 
police referred 23, MOWA referred four, and other NGOs 
referred five.  IOM reported that MOI referred the 
overwhelming majority of the 40 victims the organization 
assisted during the reporting period to date.  The total 
number of victims assisted by non-government funded programs 
during the reporting period was not available. 
 
¶H. 
 
There was no formal identification system for high-risk 
persons.  IOM provided training to MOI officers on how to 
recognize victims of trafficking in specific contexts, for 
example at airports, border crossings, and in cases of 
victims of sexual exploitation. 
 
¶I. 
 
Afghanistan's anti-TIP law prohibits the prosecution of 
victims of trafficking.  The rights of victims were generally 
respected in practice, with some reports of problems. 
Treatment varies, depending on which security service is 
involved, the location, and the responsible official.  In 
some cases, trafficking victims were jailed pending 
resolution of the case.  Children who were trafficked were 
sometimes placed in orphanages until they could be reunited 
with their parents.  Female victims are sometimes treated as 
criminals, both in cases where they fled their homes to 
escape forced marriages or domestic abuse and in cases of 
 
KABUL 00000362  005.2 OF 006 
 
 
prostitution.  However, NGOs providing services to victims of 
trafficking noted a sharp decrease in these problems due to 
the formalized referral mechanism between MOI, and the 
various shelters. 
 
¶J. 
 
The government encouraged victims to assist in the 
investigation and prosecution of traffickers.  Statistics 
were not available regarding how many victims assisted in the 
investigation and prosecution of traffickers.  Afghanistan's 
anti-TIP law provides for a civil remedy for damages suffered 
related to TIP.  The Afghan legal system does not have 
capacity to handle most civil proceedings adequately. 
 
¶K. 
 
Any such training is provided by international NGOs, not the 
government.  There were no statistics on the number of 
trafficking victims assisted by embassies or consulates 
overseas, as Afghanistan's diplomatic representation is 
extremely limited and understaffed. 
 
¶L. 
 
Any such assistance was provided by international NGOs. 
 
¶M. 
 
IOM, UNICEF, UNIFEM, AIHRC, Women for Afghan Women, the 
Afghan Women's Skills Development Center, Voice of Afghan 
Women, Hagar International, and several additional NGOs 
provide assistance to trafficking victims.  Services provided 
include shelter; legal, family, and psychological counseling; 
and vocational training.  These organizations reported close 
coordination with MOI and MOWA. 
 
¶27. (SBU) PREVENTION: 
 
¶A. 
 
 Any such campaigns were carried out by IOs and NGOs with the 
support of the government.  IOM conducted a campaign in 20 
provinces that included posters in local languages, press 
conferences, and television ads.  MOJ officials participated 
in a televised roundtable discussing and supporting the July 
2008 anti-TIP law. 
 
¶B. 
 
The government lacked the capacity to monitor evidence of 
trafficking.  Afghanistan's long porous borders made 
screening and border control difficult or impossible. 
 
¶C. 
 
Afghanistan's anti-TIP law established a high commission on 
countering human trafficking, requiring relevant government 
agencies to coordinate anti-TIP efforts.  There is also a 
memorandum of understanding between the Ministries of 
Interior and Women's Affairs and NGOs and IOs providing 
services to TIP victims 
 
¶D. 
 
The government developed a national plan of action to address 
trafficking in 2004 that set the following goals for national 
anti-trafficking efforts: creation of an anti-trafficking 
law; training of law enforcement officials, judges and 
prosecutors to identify, investigate, and prosecute 
trafficking cases; development of a system to track and 
analyze trafficking trends; increasing border security; 
public awareness activities to educate the public on 
trafficking issues; provision of shelters and services to 
victims; training to Afghan diplomats abroad to identify and 
assist trafficking victims; and development of a witness 
protection program for those who help police in combating 
trafficking.  To date the Afghan government's largest 
accomplishment is adopting a comprehensive anti-TIP law which 
contains strong provisions for the protection of victims. 
There has also been NGO supported training for law 
enforcement, diplomatic, and NGO employees and scattered 
public awareness campaigns.   There is an office within the 
Criminal Investigative Division of MOI that tracked, 
analyzed, and advised on kidnapping and child protection 
issues. 
 
E: 
 
KABUL 00000362  006.2 OF 006 
 
 
 
None 
 
¶F. 
 
There is no evidence Afghan nationals participate in 
international child sex tourism. 
 
Embassy point of contact for trafficking in persons issues is 
political officer Nell Robinson, email RobinsonNE@state.gov, 
phone number 0093-0700-108-166.  This report was prepared by 
political officer Nell Robinson, an FS-04 officer. 
Preparation of this report took approximately 100 hours. 
 
 
WOOD