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Viewing cable 10CONAKRY104, GUINEA: 2010 TIP REPORT

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Reference ID Created Released Classification Origin
10CONAKRY104 2010-02-17 06:38 2011-08-30 01:44 UNCLASSIFIED Embassy Conakry
VZCZCXRO5301
OO RUEHBZ RUEHDU RUEHGI RUEHJO RUEHMA RUEHMR RUEHPA RUEHRN RUEHTRO
DE RUEHRY #0104/01 0480638
ZNR UUUUU ZZH
O 170638Z FEB 10
FM AMEMBASSY CONAKRY
TO RUEHC/SECSTATE WASHDC IMMEDIATE 4474
INFO RUEHZO/AFRICAN UNION COLLECTIVE
RUEHZK/ECOWAS COLLECTIVE
RUEHFN/AMEMBASSY FREETOWN 0144
RUEHAB/AMEMBASSY ABIDJAN 0127
RUEHBP/AMEMBASSY BAMAKO 0244
RUEHMV/AMEMBASSY MONROVIA 0001
RUEHDK/AMEMBASSY DAKAR 0001
RUBDPLA/USAID WASHINGTON DC
RUEATRS/DEPT OF TREASURY WASHINGTON DC
RUEAWJA/DEPT OF JUSTICE WASHDC
RUEHC/DEPT OF LABOR WASHDC
RUEAHLC/HOMELAND SECURITY WASHINGTON DC
UNCLAS SECTION 01 OF 07 CONAKRY 000104 
 
SIPDIS 
 
G/TIP, G-LAURA PENA, INL, DRL, PRM, AF/RSA 
 
E.O. 12958: N/A 
TAGS: PHUM KTIP KCRM KWMN SMIG KFRD ASEC PREF ELAB
KMCA 
SUBJECT: GUINEA: 2010 TIP REPORT 
 
REF: SECSTATE 002094 
 
1.  (SBU) Despite considerable rhetoric by the junta 
government concerning anti-TIP efforts, little progress has 
been made toward combating TIP in Guinea during the reporting 
period. The country remains a point of origin, transit, and 
destination for trafficked men, women, and children. After 
the December 23, 2008 coup d'etat the junta government, 
calling itself the National Council for Democracy and 
Development (CNDD), created a new Ministry designed 
specifically to address prevalent criminal issues such as 
drugs, banditry, and human trafficking. The CNDD repeatedly 
claimed that anti-TIP programs would take priority in 
national policy, although money shortages, government 
mismanagement, and a lack of capacity ensured that little has 
changed in the form of programming or anti-TIP arrests during 
the reporting period. Government agencies, local NGOs, and 
international organizations report positive collaboration 
with authorities, despite considerable budget constraints. 
END SUMMARY. 
 
 
---------------------- 
GUINEA'S TIP SITUATION 
---------------------- 
 
 
(A) The primary sources of information on trafficking in 
persons are the National Committee to Combat Trafficking in 
Persons and the national and international NGOs that 
collaborate with this committee. There are no established 
mechanisms to collect the necessary data to regularly update 
TIP statistics. Furthermore, the creation of the Ministry of 
High Crimes, Anti-Drugs, and Grand-Banditry has confused many 
bureaucrats as to where responsibility for data collection 
and prosecution lies. However, government agencies, including 
the newly created ministry, work closely together and with 
NGOs through the National Committee. 
 
 
(B) Guinea is a country of origin, transit, and destination 
for women, men, and children trafficked for sexual 
exploitation and domestic and commercial labor. The Guinean 
National Committee to Combat Trafficking in Persons estimates 
that several hundred persons are trafficked into, through, 
and from Guinea annually. The Ministry of Social Affairs 
registered 106 victims of child trafficking in 2009, but have 
no information on other trafficked groups. The Ministry of 
Justice cites 13 new trafficking cases in 2009 involving 40 
traffickers, 30 of whom are in custody. None of the new 
trafficking cases were prosecuted in 2009. 
 
 
- Guinea is a source, transit, and destination country for 
trafficking, but most cases show Guinea to be primarily a 
source country and less often a destination point. Guinean 
persons are primarily trafficked into Mali, Senegal, Liberia, 
and Sierra Leone. Guinea is also reportedly a source for 
women and girls trafficked to Cote d'Ivoire Benin, Senegal, 
Nigeria, South Africa, and the European Union for domestic 
servitude and sexual exploitation. Research suggests that 
inter-Guinean trafficking is rare. 
 
 
- While combating TIP was at the center of CNDD's proposed 
reforms, there has been no significant change in the 
trafficking situation in Guinea. 
 
 
(C)  Trafficking victims in Guinea are subjected to various 
conditions and are forced into many different forms of labor. 
Women are trafficked primarily for domestic servitude and 
sexual exploitation. While the trafficking of men is rare, 
traffickers occasionally use Guinean men for agricultural 
labor. Girls are often used for domestic servitude while boys 
are used for selling goods, commercial begging, shoe-shining, 
and running errands. Some children work as agricultural 
laborers on plantations or in artisanal gold and diamond 
 
CONAKRY 00000104  002 OF 007 
 
 
mining operations. 
 
(D & E) Guinean children are particularly susceptible to 
trafficking. According to local NGOs and the Ministry of 
Social Affairs, traffickers often promise parents that they 
will provide the children with education and religious 
opportunities beyond what the family can provide. In other 
cases, children are sold or given by their families to 
intermediaries in exchange for money and promises of a 
greater future for the children. The trafficker is usually a 
family friend, family member, influential member of the 
community, or a person of significant economic means who 
promises a better economic outlook for the children. Other 
traffickers claim that they will temporarily employ young 
women to help pay for their wedding ceremony and dowry. 
Local NGOs and the GOG claim that most TIP is done by 
independent business people, and that larger crime groups are 
rarely involved in Guinean TIP. 
 
- While there are few cases of outright abduction, it is 
another means by which traffickers sometimes recruit 
children. In June, 2009, an abduction case was covered 
extensively by local news media and the GOG. The subsequent 
arrest of the trafficker and identification of the child 
victim were broadcast several times on national television. 
The alleged trafficker remains imprisoned and has not yet 
been charged for the crime. 
 
- Traffickers usually transport trafficked women, children, 
and men by car or bus in Guinea, although there have been 
some cases where children were allegedly trafficked by boat. 
 
 
--------------------------------------------- ---------- 
SETTING THE SCENE FOR THE GOVERNMENT'S ANTI-TIP EFFORTS 
--------------------------------------------- ---------- 
 
(A) The government acknowledges that TIP is a problem in 
Guinea. After the coup d'etat in December 2008, the junta 
government constantly referred to TIP as one of its main 
priorities along with combating drug trafficking and 
corruption. However, no tangible reforms were taken. 
 
(B) Many ministries in Guinea allege involvement in efforts 
to combat sex and labor trafficking, including forced labor. 
However, the National Committee to Combat TIP, chaired by the 
Ministry of Social Affairs, has historically been the leading 
GOG agency for anti-trafficking efforts. Ministries 
participating in the Committee include: The Ministry of 
Justice, Ministry of Security, Ministry of Cooperation, 
Ministry of Foreign Affairs, Ministry of Pre-University 
Education, Ministry of Youth and Sports, Ministry of Labor, 
Ministry of Fisheries, and Ministry of Health, among others. 
The CNDD-created Ministry of High Crimes, Anti-Drugs, and 
Grand-Banditry also had a loose mandate to combat human 
trafficking on the enforcement level, though its anti-TIP 
responsibilities were never clearly defined. On February 3, 
2009, junta President Dadis Camara issued a declaration 
giving security forces the command to shoot anyone caught 
trafficking humans. However, there were no reports of 
security forces killing traffickers during the reporting 
period. On February 3 2010, the Ministry of High Crimes was 
eliminated and renamed as a compartment of the Office of the 
President. Its new mandate is unclear at the time of this 
submission. 
 
(C) The GOG is severely limited in its ability to address 
trafficking in persons due to budget constraints and capacity 
limits. In 2009, Guinea's economy suffered tremendously due 
to the global economic crisis, political instability, and the 
suspension of foreign aid. As such, few resources were 
diverted to programs other than military and government 
salary support. Endemic corruption undermines the 
effectiveness of government institutions and services, 
especially law enforcement. The Ministry of Social Affairs 
has minimal resources for aiding victims and relies primarily 
on international and local NGOs to provide services to 
victims. 
 
CONAKRY 00000104  003 OF 007 
 
 
 
(D) The GOG does not systematically monitor its 
anti-trafficking efforts. The National Committee to Combat 
TIP is required to submit a report three times per year to 
the Minister of Social Affairs on the implementation of the 
National Action Plan. During the reporting period, the 
National Committee met monthly as a large group. The 
Permanent Secretariat of the Committee met twice a month 
during the reporting period. In February 2009, the National 
Committee to Combat TIP met to evaluate the 2005-2006 
National Action Plan to Combat Trafficking in Persons and to 
outline an updated version for 2009-2011, but it was never 
released to the public. The Ministry of High Crimes televised 
the arrest of two alleged traffickers during 2009, one in 
April and one in June. 
 
(E) The government lacked the capacity to establish the 
identity of local populations, including birth registration, 
citizenship, and nationality during the reporting period. 
 
(F) The GOG is not capable of gathering the data required for 
an in-depth assessment of law enforcement efforts due to the 
lack of funding, education, capacity, and programming in the 
relevant ministries. 
 
------------------------------------------- 
INVESTIGATION AND PROSECUTION OF TRAFFICKERS 
-------------------------------------------- 
(A) The National Assembly was abolished after the December 
2008, coup d'etat As such, no new laws were enacted against 
TIP in 2009. 
 
- Guinea's Penal Code (1998) outlaws trafficking in persons 
under Article 337, which punishes "any person who has sealed 
an agreement which has as its objective the prevention of 
liberty of a third person, either for free or monetary 
profit." This crime carries a penalty of five to ten years 
imprisonment and the confiscation of any money and/or 
property received from trafficking activities. This law was 
enacted to address internal forms of trafficking, but has 
also been used as the basis for transnational trafficking. 
Any form of slavery is illegal in Guinea. 
 
 
-- Article 337 also prohibits the exploitation of vulnerable 
persons for unpaid or underpaid labor, punishable by six 
months to five years prison time and a fine of GNF 50,000 to 
GNF 300,000 (approximately $10 to $60).  The last part of the 
article prohibits the exploitation of vulnerable persons to 
conditions of work or shelter that are incompatible with 
human dignity.  This offense carries a fine of GNF 50,000 to 
GNF 500,000 (approximately $12 to $118) and prison time of 
one month to five years. 
 
 
-- In May 2008, Guinea's National Assembly passed the Child 
Code, a comprehensive law that broadly outlines the rights 
and responsibilities of children, which was promulgated by 
the late president in August 2008. The Child Code addresses 
the treatment and employment of children and specifically 
addresses child trafficking. The Child Code was not formally 
implemented in 2009, due to political instability. However, 
local NGOs report that work on the implementing text of the 
child code will restart upon the naming of a new government 
in the coming weeks. 
 
 
-- In addition to these laws, the penal code includes several 
sections making illegal the following activities that may be 
related to trafficking in persons: hostage taking, pawning a 
human being, threats, assault, and pushing another person 
into delinquent activities, including prostitution. Taken 
together, the laws are sufficiently broad to cover the full 
scope of trafficking in persons, if applied. While some 
officials favor the amendment of these laws to carry stricter 
penalties, others argue that the government must begin by 
successfully prosecuting at least one legitimate case and to 
effectively ensure the perpetrator serves time in prison. 
 
CONAKRY 00000104  004 OF 007 
 
 
 
 
B) The article that outlaws trafficking does not make a 
distinction between the motives of trafficking people for 
sexual exploitation or for labor exploitation. In both cases, 
the crime carries a penalty of five to ten years imprisonment 
and the confiscation of any money or property received for 
trafficking activities. Guinea did not convict any sex 
traffickers in 2009. 
 
 
C) The above-mentioned prescribed penalties for labor 
exploitation are rarely imposed. The government's laws 
provide for jail time of five to ten years, but Embassy is 
not aware of any case where the government has prosecuted or 
convicted a person under this law. Labor recruiters engage in 
techniques using knowingly fraudulent and deceptive offers 
that result in workers being exploited in Guinea and in other 
countries.  In practice, there have been no convictions or 
criminal punishments in such cases. 
 
 
D) The Guinean Penal Code stipulates a five-to-ten year 
prison term for rape.  Aggravated rape, defined as rape by an 
authority (teacher, public official), or sexual violation of 
someone less than 14 years old, a mentally ill or physically 
impaired person, carries a penalty of ten-to-twenty years in 
prison. These penalties are comparable to crimes involving 
trafficking.  However, due to social and cultural norms, rape 
cases are rarely reported. On September 28, 2009, government 
forces killed 158 people, wounded at least 1000, and publicly 
raped tens of women. Despite a UN Commission of Inquiry 
report directly implicating Guinean armed forces for the 
killings and rapes, no one has been brought to trial for the 
crimes. 
 
 
(E) The Government of Guinea has not formally prosecuted any 
trafficking cases in 2009. However, the Ministry of Justice 
reports that there were thirteen new cases of human 
trafficking in 2009 that involved the arrest of at least 
forty traffickers. Thirty of the alleged traffickers remain 
in detention and are awaiting trial upon submission of TIP 
report. 
 
 
(F) The GOG provided limited specialized training to 
government officials on the recognition, investigation, and 
prosecution of trafficking in 2009 due to budget constraints 
and political instability. 
 
 
(G) The GOG has a series of bilateral and multilateral 
agreements with neighboring countries to cooperate on 
transnational investigations and prosecutions of trafficking 
cases. Embassy is not aware of any transnational 
investigations in 2009. 
 
 
(H) The government has extradition agreements with ECOWAS 
member states. Embassy is not aware of any case in which the 
GOG extradited its own nationals for trial in 2009, nor of 
any law that prevents such extradition 
 
 
(I) There is no indication that the GOG is involved in TIP. 
The CNDD publicly condemned TIP throughout the year and 
claimed determination in stopping human trafficking 
throughout the country. However, there were no significant 
awareness campaigns or prevention campaigns in 2009. Despite 
significant government rhetoric to the contrary, the 
tolerance of TIP seems to be a significant problem among 
civilians and government workers. In 2009, the CNDD 
demonstrated minimal law enforcement efforts against alleged 
traffickers. 
 
 
(J) Embassy is not aware of any reports of high-level 
 
CONAKRY 00000104  005 OF 007 
 
 
official involvement in trafficking over the year. 
 
 
(K) Guinea does not provide troops to international 
peacekeeping efforts, but has sent observers in the past. 
Guinean Gendarmerie and Police forces, however, have served 
in a law enforcement capacity abroad in the past. 
 
 
(L) Guinea does not have an identified child sex tourism 
problem. The current child sexual abuse laws do not have 
extraterritorial coverage. 
 
 
------------------------------------ 
PROTECTION AND ASSISTANCE TO VICTIMS 
------------------------------------ 
 
(A) In 2009, the GOG had no formal operating budget, and 
social programming was largely ignored. What was available 
was often used toward the defense sector vice social 
programming. The GOG, as in the past, mostly refers victims 
to local and international NGOs such as UNICEF, ILO, UNO/DC, 
IOM, Save the Children, etc. However, the Ministry of Social 
Affairs, through its section for Children at Risk, continues 
to provide assistance to a few hundred children, a small 
number of whom are likely trafficking victims. Most of the 
children are victims of violence, have been abandoned, live 
in unsafe homes, or are orphans. 
 
(B) The GOG does not have any safe homes for trafficking 
victims. Authorities often assist victims by contacting local 
and international NGOs who, in turn, provide access to 
shelter and family reunification programs. 
 
(C) The GOG did not provide trafficking victims access to 
legal, medical or psychological services in 2009. However, 
the GOG continues to cooperate with specialized local NGOs 
that provide assistance to trafficking victims. The 
government does not subsidize foreign or domestic NGO victim 
services. 
 
(D) The government does not assist foreign trafficking 
victims by providing permanent resident status or relief from 
deportation. In some cases, authorities assist foreign 
trafficking victims by contacting local embassies and 
processing travel documents for repatriation. 
 
(E) Due to budget constraints and a lack of capacity, the 
government does not provide long-term shelter or housing 
benefits to victims or other resources to aid the victims in 
rebuilding their lives. 
 
(F) According to local NGOs, the GOG often refers trafficking 
victims to humanitarian organizations. However, there is 
currently no formal referral process underway. 
 
(G) The GOG formally recorded that 106 children were 
trafficked during 2009, but had no information on other 
trafficking groups. The GOG also said that the number of 
trafficking victims was likely much larger that what was 
recorded, as there is no central record keeping capacity in 
Guinea. Data was also unavailable as to the number of 
trafficking victims assisted by law enforcement authorities 
or as to the number of victims referred to care facilities. 
At least thirty alleged traffickers indicted for thirteen 
cases of trafficking are awaiting trial. 
 
(H) Guinea does not have comprehensive or formal systems for 
identifying victims of trafficking among high-risk persons. 
 
(I) In general, the rights of victims are respected and they 
are not treated as criminals. The government sometimes gives 
victims refuge in jails, if no alternatives are available. 
Due to the lack of reliable data, it is unclear if any 
trafficking victims have been prosecuted for violations of 
other laws. However, because prosecutions for immigration, 
prostitution, or other crimes that may be associated with 
 
CONAKRY 00000104  006 OF 007 
 
 
trafficking are generally rare, it is unlikely that victims 
fall into this category. 
 
(J) The government encourages victims to assist in the 
investigation and prosecution of trafficking. A trafficking 
victim has the right to sue his/her trafficker in Guinea, as 
long as he/she is at least twelve years of age, but the 
victim must be identified in order to prosecute a case. If 
the victim is a material witness in a court case against an 
employer, the victim is permitted to obtain other employment. 
Once a victim has provided the necessary information for the 
trial, there are no barriers for the victim leaving the 
country. An attorney may represent the victim during the 
judicial process. No dedicated victim services are provided 
for restitution. There were two victims, one in April and one 
in June, who were publicly asked to discuss their cases on 
national television. However, these two cases were not 
brought to court. Embassy is unaware of any other cases this 
year where trafficking victims were asked to assist in TIP 
investigations. 
 
(K) The GOG does not provide any specialized training for 
government officials in identifying trafficking victims, 
either in Guinea or in its diplomatic offices abroad, and 
lacks the resources to do so. However, the GOG cooperates 
with a number of international and local NGOs that organize 
various training programs. There is no data available as to 
the number of trafficking victims assisted by Guinean 
embassies abroad. 
 
(L) The government provides little assistance in terms of 
medical aid, shelter, or financial help to its nationals who 
are repatriated as victims of trafficking. However, through 
an informal referral process, the GOG often works with local 
and international NGOs that provide assistance to victims. 
 
(M) International organizations and NGOs that work with the 
GOG on trafficking issues include: UNICEF, ILO, UNO/DC, IOM, 
Terre des Hommes, Plan Guinee, Save the Children, CF-Guinea, 
AIDP, SEDPA, World Education, JETC, Sabou-Guinee, AGRAD, 
ASED, AGUIAS, AEJT, JAD, Monde des Enfants, ACEEF, FRAD, Club 
des Amis du Monde, CONAG-DCF. The GOG does not provide any 
funding to any of these organizations, but works closely with 
these NGOs through a referral process and collaborates on 
projects and initiatives. 
 
---------- 
PREVENTION 
----------- 
(A) The government did not conduct any anti-trafficking or 
education campaigns during the reporting period. However, 
general TIP awareness was heightened through several speeches 
by junta president Moussa Dadis Camara and Minister of High 
Crimes, Anti-drugs, and Grand Banditry Moussa Tiegboro 
Camara. These two leaders gave several speeches highlighting 
the importance of anti-TIP efforts and made several promises 
to improve Guinea's TIP situation. Many of the speeches also 
specifically focused on traffickers, and how the government 
should be working to improve its law enforcement capacity to 
arrest and prosecute traffickers. 
 
(B) The GOG does not monitor immigration and emigration 
patterns for evidence of trafficking, nor does it have the 
capacity to do so. Border facilities are very basic and lack 
equipment. Border guards lack training and are often accused 
of corruption. Most travelers are registered in simple, 
handwritten logbooks. There is no comprehensive program for 
screening potential trafficking victims, although some border 
officials have demonstrated increased vigilance due to past 
awareness programming or directives from upper management. 
 
(C) The National Committee to Combat TIP provides an 
effective mechanism for interagency coordination and 
communication. The broader Committee is required to meet once 
every three months, but did so every month during the 
reporting period. Members of its Permanent Secretariat met 
bi-weekly during the reporting period. 
 
 
CONAKRY 00000104  007 OF 007 
 
 
(D) The government has a National Action Plan to Combat 
Trafficking in Persons, initially drafted in 2003 and updated 
as necessary. The plan was developed through a number of 
government agencies including the ministries of Social 
Affairs, Justice, Interior, Security, Labor, and Education. 
In February 2009, the National Committee to Combat TIP 
convened a session to evaluate the 2005-2006 iteration of the 
national action plan and to outline an updated version for 
2009-2010. However, the plan was never published. 
 
(E) The GOG has not taken any action to reduce demand for 
commercial sex acts. 
 
(F) The GOG did not taken any measures to reduce the 
participation in international child sex tourism by nationals 
of the country in 2009. 
 
(G) N/A 
------------ 
PARTNERSHIPS 
------------ 
(A) While the GOG engages with ECOWAS member states and NGOs 
on trafficking issues, Embassy is not aware of any programs 
or engagement with other governments or civil society to 
focus attention and devote resources to addressing human 
trafficking during the reporting period. 
 
(B) The government does not have the capacity to provide 
international assistance to other countries to address TIP. 
 
---------------------------- 
TIME, RESOURCES, and CONTACT 
---------------------------- 
 
2. (U) Post recognized the importance of this report and a 
focus on TIP issues. Guinea has experienced a tremendous 
amount of political upheaval during the reporting period and 
Embassy Conakry is currently under ordered departure status. 
Despite limited resources, we consider anti-trafficking in 
persons efforts an important element of our overall foreign 
policy focus on democracy, good governance, and human rights 
in Guinea. We have appreciated the support and funding from 
the Department to enable us to further engage the government 
and international organizations on trafficking-related issues 
and hope we can again count on that support in FY 10, given a 
recent change in GOG status. 
 
3. (U) The hours below represent those spent by Embassy 
officials preparing the TIP report: 
FSN Grade 8,9: 25 hours 
Political/Economic Officer FS-04: 12 hours 
Regional Security Officer: 1.5 hours 
A/Management Officer: 1.5 hours 
Deputy Chief of Mission: 2 hours 
Ambassador: 2 hours 
 
 
4. (U) Contact for the 2010 TIP report is Acting 
Political/Economic Chief, Briana Warner. Email: 
warnerbm@state.gov. Phone:  224.65.10.4196 
Moller