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Viewing cable 10MASERU57, LESOTHO: TRAFFICKING IN PERSONS REPORT
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Reference ID | Created | Released | Classification | Origin |
---|---|---|---|---|
10MASERU57 | 2010-02-22 11:20 | 2011-08-30 01:44 | UNCLASSIFIED | Embassy Maseru |
VZCZCXRO9524
RR RUEHMR
DE RUEHMR #0057/01 0531120
ZNR UUUUU ZZH
R 221120Z FEB 10
FM AMEMBASSY MASERU
TO RUEHC/SECSTATE WASHDC 4604
INFO RUEHC/USAID WASHDC
RHMFIUU/DEPT OF JUSTICE WASHINGTON DC
RUEFHLC/DEPT OF HOMELAND SECURITY WASHINGTON DC
RUEHC/DEPT OF LABOR WASHINGTON DC
RUEATRS/DEPT OF TREASURY WASHINGTON DC
RUEHMR/AMEMBASSY MASERU 5040
UNCLAS SECTION 01 OF 10 MASERU 000057
SIPDIS
DEPARTMENT FOR G/TIP: PENA & KRONENBURG; AF/RSA: DEES; AF/S:
NAMDE; INL, DRL, PRM
E.O. 12958: N/A
TAGS: KTIP ELAB KCRM KFRD KWMN PGOV PHUM PREF SMIG
KMCA, LT
SUBJECT: LESOTHO: TRAFFICKING IN PERSONS REPORT
REF: A. State 2094 B. 09 Maseru 429
¶1. (U) THE COUNTRY'S TIP SITUATION:
-- A. What is (are) the source(s) of available information on
human trafficking? What plans are in place (if any) to
undertake further documentation of human trafficking? How
reliable are these sources?
Sources of information on trafficking are becoming more
plentiful. Susan Kreston, a former Fulbright researcher at the
University of the Free State, did three separate trainings for
stakeholders, including members of government Ministries tasked
with working on trafficking, and she volunteered to be a contact
and source of information for anyone looking for information on
trafficking. SADC has made trafficking a priority issue, so
neighboring countries such as South Africa and Swaziland are
beginning to pass legislation which Lesotho has gotten copies
of, and will be consulting as they begin to draft their own
comprehensive anti-trafficking law. Several local NGOs (such as
Women and Law in Southern Africa [WLSA]) and the Ministry of
Gender have begun awareness campaigns to inform the public about
the crime of trafficking, and what to do if they suspect that
someone may be a victim. In addition, the Ministry of Gender
has teamed up with the Government of South Africa to give
awareness workshops in towns along the Lesotho / South Africa
border.
The Intersectoral Committee on Trafficking gathers stakeholders
from the government, the NGO community, border security,
prosecutors, etc. With the committee, the following Ministries
are represented: Justice and Human Rights, Education and
Training, Labour and Employment, Foreign Affairs, Law and
Constitutional Affairs, Gender and Youth Affairs, Health and
Social Welfare, Home Affairs. Also represented are the Lesotho
Mounted Police Service's Child and Gender Protection Unit, the
South African High Commission, UNFPA, UNESCO, UNDP, and NGOs
such as Lesotho Save the Children, PHELA Health and Development
Communications, Action Aid Lesotho, Development for Peace
Education, National University of Lesotho, Sisters of the Holy
Names, and the Lesotho Child Counseling Unit.
WLSA has applied for a G/TIP grant to conduct a baseline study
to form an idea of how prevalent trafficking is in the country.
UNDP has provided funding to the Government of Lesotho through
the Ministry of Home Affairs, for a baseline study in the
district of Quthing. Cabinet has also gotten approval for
Lesotho to become a member of the International Organization for
Migration (IOM). One of the specific reasons that Lesotho is
pursuing membership is in the hopes that the IOM will then be in
a position to assist Lesotho to do a baseline study for the
entire country to inform its decisions on anti-trafficking
efforts going forward.
All these sources are very reliable.
-- B. Is the country a country of origin, transit, and/or
destination for men, women, or children subjected to conditions
of commercial sexual exploitation, forced or bonded labor, or
other slave-like conditions? Are citizens or residents of the
country subjected to such trafficking conditions within the
country? If so, does this internal trafficking occur in
territory outside of the government's control (e.g. in a civil
war situation)? From where are people recruited or from where
do they migrate prior to being subjected to these exploitative
conditions? To what other countries are people trafficked and
for what purposes? Provide, where possible, numbers or
estimates for each group of trafficking victims. Have there
been any changes in the TIP situation since the last TIP Report
(e.g. changes in destinations)?
The country is thought to be primarily a country of origin for
trafficking. No data is available since the 2004 UNESCO study
which was mentioned in last year's report. However, it is
thought that women and children are trafficked to become
domestic workers, and that men are trafficked as farm and mine
labor. It is not clear that there is any internal trafficking
in the country. It is assumed that South Africa is the final
destination for trafficking victims. No known changes in
destinations since the last TIP report.
-- C. To what kind of conditions are the trafficking victims
subjected?
Again, there is no new data since the 2004 UNESCO report,
however, anecdotal evidence suggests that young women are
MASERU 00000057 002 OF 010
promised jobs in South Africa, taken across the border, and used
for sex in prison-like conditions. Men who are trafficked for
labor often work long hours for months at a time, and are dumped
at the border without being paid at the end of the work period,
accused of illegal immigration. There is no indication that
this group is kept in prison-like conditions, rather they are
enticed by the promise of wages which never materialize.
-- D. Vulnerability to TIP: Are certain groups of persons more
at risk of human trafficking (e.g. women and children, boys
versus girls, certain ethnic groups, refugees, IDPs, etc.)? If
so, please specify the type of exploitation for which these
groups are most at risk
It is thought that those most at risk of trafficking in Lesotho
are the ambitious or desperate poor. These can be men who have
heard that others from their community of circle of friends
managed to sneak over the border to South Africa and find work
on the farms or in the mines. For women, the temptation of
working as a domestic helper in South Africa may make them
vulnerable to the claims of a trafficker. Lastly, the
approximately 100,000 full orphans and 80,000 vulnerable
children (those who have lost at least one parent) are becoming
more vulnerable to manipulation by traffickers as their social
safety net erodes under the influence of the HIV/AIDS pandemic.
Older siblings promised money to feed their younger brothers and
sisters would be particularly vulnerable to coercion.
-- E. Traffickers and Their Methods: 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 gain
direct access to victims? For example, are the traffickers
recruiting victims through lucrative job offers? Are victims
sold by their families, or approached by friends of friends?
Are victims "self- presenting" (approaching the exploiter
without the involvement of a recruiter or transporter)? If
recruitment or transportation is involved, what methods are used
to recruit or transport 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?
The 2004 UNESCO study states that "such information does not
exist as there have not yet been specific and focused police
investigations on this problem." However, from conversations
with members of the GOL and the Intersectoral Committee we can
guess that any traffickers would be individuals or independent
business people. In the case of men trafficked to South Africa
as farm labor, it seems that individual farmers are involved.
Victims are likely to be self-presenting, as the big draw for
anyone considering illegal economic migration from Lesotho is a
job, just about any job, and for just about any salary. We have
not heard of any brokers being involved with any of the
anecdotal cases which have been mentioned.
¶2. (U) SETTING THE SCENE FOR THE GOVERNMENT'S ANTI-TIP EFFORTS:
-- A. Does the government acknowledge that human trafficking is
a problem in the country? If not, why not?
The GOL recognizes trafficking as a serious crime. In
discussions with the Foreign Minister and other government
officials, they each indicate that even if one citizen of
Lesotho is trafficked, it is a serious problem which they would
like to eradicate. They are completely committed to fighting
this crime. However, they are hindered by the more immediate
priorities of a country with a 25% rate of HIV/AIDS (40% among
some age groups); up to 50% unemployment according to some
sources; dwindling economic base as textile factories continue
to fire workers; and an uncertain future for the other revenue
generators in the country, such as the diamond mines and SACU
receipts.
-- B. Which government agencies are involved in efforts to
combat sex and labor trafficking - including forced labor - and,
which agency, if any, has the lead in these efforts?
Currently, the Ministries of Justice and Human Rights, Education
and Training, Labour and Employment, Foreign Affairs, Law and
Constitutional Affairs, Gender and Youth Affairs, Health and
Social Welfare, and Home Affairs are all members of the
Intersectoral anti-Trafficking Committee. However, with the
GOL's new focus on trafficking, as well as a SADC-wide focus on
MASERU 00000057 003 OF 010
the crime, it is likely that most government ministries will be
involved. The government has not yet determined which ministry
should take the lead on trafficking, but the Ministries of Home
Affairs and Gender are the most directly involved at this time.
It is likely that Home Affairs will take the lead on drafting
the comprehensive anti-trafficking law, while Gender will take
the lead on sensitizing the public about the crime of
trafficking.
-- C. What are the limitations on the government's ability to
address these problems 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 is hindered by the more immediate priorities of a
country with a 25% rate of HIV/AIDS (40% among some age groups);
up to 50% unemployment according to some sources; dwindling
economic base as textile factories continue to fire workers; and
an uncertain future for the other revenue generators in the
country, such as the diamond mines, and SACU receipts. Funding
is inadequate everywhere. Because of decreased revenues, each
ministry was just required to cut their budget by up to 13% in
2010 versus 2009. Corruption is not a major problem in Lesotho.
The government does lack the resources to aid victims.
However, if donor funding could be found for trafficking, the
government would support: a)drafting a law; b) sensitizing the
public; c) building shelters for victim protection, etc. They
have indicated their willingness to do so, but they need funds
and expert help.
-- D. 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 Intersectoral Committee is attempting to gain an
understanding of the various anti-trafficking efforts proceeding
in the country. They will eventually become the government
watchdog for anti-trafficking efforts, once the crime is more
fully understood and prosecutions of traffickers begin. No
assessments have been done at this time, but the
anti-trafficking efforts here are still young. The
Intersectoral Committee in its current form was begun in July
2009, and is still finalizing its plan of action.
-- E. What measures has the government taken to establish the
identity of local populations, including birth registration,
citizenship, and nationality?
According to the Ministry of Home Affairs, citizenship is
derived by birth within the country's territory and a person
needs to apply for a Lesotho passport at the Ministry of Home
Affairs to prove citizenship. According to the Office of the
Registrar of Births and Deaths in the District Administrator's
Office, all births are registered by hospitals and local
clinics. Children born in private homes are registered at the
offices of local chiefs, and the information is then transmitted
to the District Administrator's Office for issuance of birth
certificates.
--F. To what extent is the government capable of gathering the
data required for an in-depth assessment of law enforcement
efforts? Where are the gaps? Are there any ways to work around
these gaps?
Government, through the Bureau of Statistics, is able to gather
data required for an in-depth assessment of law enforcement
efforts. However, this is not being done at this time because
such a request has not been made.
¶3. (U) INVESTIGATION AND PROSECUTION OF TRAFFICKERS:
For questions A-D, posts should highlight in particular whether
or not the country has enacted any new legislation since the
last TIP report.
-- A. Existing Laws against TIP: Does the country have a law or
laws specifically prohibiting trafficking in persons -- both
sexual exploitation and labor? If so, please specifically cite
the name of the law(s) and its date of enactment and provide the
exact language [actual copies preferable] of the TIP provisions.
Please provide a full inventory of trafficking laws, including
MASERU 00000057 004 OF 010
non-criminal statutes that allow for civil penalties against
alleged trafficking crimes (e.g., civil forfeiture laws and laws
against illegal debt). Does the law(s) cover both internal and
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?
The Child Protection and Welfare Bill is anticipated to pass
during this session of Parliament. The bill has passed through
Cabinet and is awaiting scheduling in Parliament. That bill
contains anti-trafficking legislation, but limited to children.
Traffickers can also currently be prosecuted under the Child
Protection Act of 1980; the Sexual Offenses Act of 2003;
Kidnapping, which is an offense under Common Law, and the Labor
Code Order of 1981 as amended. The Government of Lesotho also
supports women's rights and all citizens are constitutionally
guaranteed freedom from slavery and forced labor. These laws
would also apply to transnational trafficking involving Basotho.
Lesotho is also a party to several international conventions
which have been ratified and included in domestic laws. Section
three of the 2004 UNESCO study has further detailed information
about laws governing trafficking-related crimes in Lesotho and
how they can be applied.
-- B. Punishment of Sex Trafficking Offenses: What are the
prescribed and imposed penalties for the trafficking of persons
for commercial sexual exploitation, including for the forced
prostitution of adults and the prostitution of children?
The Sexual Offenses Act of 2003 prohibits rape, including
spousal rape, and mandates a minimum sentence of five years'
imprisonment, with no option for a fine. The penalties depend
on the circumstances and the discretion of the Magistrate.
Further information on laws and sentencing can be found in the
3rd section of the UNESCO study.
-- C. Punishment of Labor Trafficking Offenses: What are the
prescribed and imposed penalties for labor trafficking offenses,
including all forms of forced labor? If your country is a
source country for labor migrants, do the government's laws
provide for criminal punishment -- i.e. jail time -- for labor
recruiters who engage in recruitment of workers using knowingly
fraudulent or deceptive offers with the purpose of subjecting
workers to compelled service in the destination country? If
your country is a destination for labor migrants (legal/regular
or illegal/irregular), are there laws punishing employers or
labor agents who confiscate workers' passports or travel
documents for the purpose of labor trafficking, switch contracts
without the worker's consent as a means to keep the worker in a
state of compelled service, or withhold payment of salaries as
means of keeping the worker in a state of compelled service?
Lesotho's Constitution stipulates that "no person shall be held
in slavery or servitude." The Labor Code Order of 1981 as
amended prohibits employers from ill treating employees. All
labor matters are dealt with by the Directorate of Dispute
Prevention and Resolution and the Labor Court. The penalties
include employers being forced to pay overtime, severance
payments, or reinstating an employee who may have been dismissed
unfairly. Lesotho is not a destination for labor migrants.
-- D. What are the prescribed penalties for rape or forcible
sexual assault? (NOTE: This is necessary to evaluate a foreign
government's compliance with TVPA Minimum Standard 2, which
reads: "For the knowing commission of any act of sex
trafficking... the government of the country should prescribe
punishment commensurate with that for grave crimes, such as
forcible sexual assault (rape)." END NOTE)
The law prohibits rape, including spousal rape, and mandates a
minimum sentence of five years' imprisonment, with no option for
a fine.
-- E. Law Enforcement Statistics: Did the government take legal
action against human trafficking offenders during the reporting
period? If so, provide numbers of investigations, prosecutions,
convictions, and sentences imposed, including details on plea
bargains and fines, if relevant and available. Please note the
number of convicted trafficking offenders who received suspended
sentences and the number who received only a fine as punishment.
Please indicate which laws were used to investigate, prosecute,
convict, and sentence traffickers. Also, if possible, please
disaggregate numbers of cases by type of TIP (labor vs.
MASERU 00000057 005 OF 010
commercial sexual exploitation) and victims (children under 18
years of age vs. adults). What were the actual punishments
imposed on convicted trafficking offenders? Are they serving the
time sentenced? If not, why not?
No trafficking offenders were identified during the reporting
period.
-- F. Does the government provide any specialized training for
law enforcement and immigration officials on identifying and
treating victims of trafficking? Or training on investigating
and prosecuting human trafficking crimes? Specify whether NGOs,
international organizations, and/or the USG provide specialized
training for host government officials.
The government, through the Intersectoral Committee, has
encouraged participation in the three trafficking in persons
workshops sponsored by the Embassy from 2008-2009. The most
recent, in October 2009, particularly targeted law enforcement
and immigration officials, and focused on identifying
traffickers and their victims, as well as what laws could be
used to prosecute them under Lesotho's existing legal system.
According to media reports, South African police are working
together with the Lesotho Mounted Police Service on trafficking.
The October training was done in partnership with Women and Law
in Southern Africa, a local NGO which is doing a lot of work on
trafficking.
--G. Does the government cooperate with other governments in the
investigation and prosecution of trafficking cases? If
possible, provide the number of cooperative international
investigations on trafficking during the reporting period.
The GOL has indicated its willingness to cooperate in the
investigation and prosecution of trafficking cases. To the
Embassy's knowledge, none are currently on-going. In the past,
the government has cooperated with other governments (especially
South Africa) in the investigation of trafficking-related cases.
In 2004 and 2005, it was reported that a number of Sri Lankans
were brought to the Chinese-run factories after being promised
lucrative jobs. They were allegedly exploited for cheap (free)
labor. There was also a report of Basotho girls being
trafficked to London by Nigerians staying in South Africa in
¶2005. Details for some of these cases can be found in the Annex
to the UNESCO study. The government assists in investigating
these types of cases.
-- H. Does the government extradite persons who are charged with
trafficking in other countries? If so, please provide the
number of traffickers extradited during the reporting period,
and the number of trafficking extraditions pending. In
particular, please report on any pending or concluded
extraditions of trafficking offenders to the United States.
There have been no cases of extradition related to trafficking.
-- I. Is there evidence of government involvement in or
tolerance of trafficking, on a local or institutional level? If
so, please explain in detail.
No, there is no evidence of government involvement in
trafficking. There is also no tolerance of trafficking in the
government. Government officials stress that they know that
trafficking is a serious crime, but they are just beginning to
understand it.
-- J. If government officials are involved in human trafficking,
what steps has the government taken to end such complicity?
Please indicate the number of government officials investigated
and prosecuted for involvement in trafficking or
trafficking-related criminal activities during the reporting
period. Have any been convicted? What sentence(s) was imposed?
Please specify if officials received suspended sentences, or
were given a fine, fired, or reassigned to another position
within the government as punishment. Please indicate the number
of convicted officials that received suspended sentences or
received only a fine as punishment.
N/A
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-- K. For countries that contribute troops to international
peacekeeping efforts, please indicate whether the government
vigorously investigated, prosecuted, convicted and sentenced
nationals of the country deployed abroad as part of a
peacekeeping or other similar mission who engaged in or
facilitated severe forms of trafficking or who exploited victims
of such trafficking.
There are no reports of cases involving Basotho. Lesotho has
had military observers and a contingent of police officers in
Darfur.
-- L. If the country has an identified problem of child sex
tourists coming to the country, what are the countries of origin
for sex tourists? How many foreign pedophiles did the
government prosecute or deport/extradite to their country of
origin? If your host country's nationals are perpetrators of
child sex tourism, do the country's child sexual abuse laws have
extraterritorial coverage (similar to the U.S. PROTECT Act) to
allow the prosecution of suspected sex tourists for crimes
committed abroad? If so, how many of the country's nationals
were prosecuted and/or convicted during the reporting period
under the extraterritorial provision(s) for traveling to other
countries to engage in child sex tourism?
The country has not been identified to have a child sex tourism
problem. 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 under
discussion for ratification.
¶4. (U) PROTECTION AND ASSISTANCE TO VICTIMS:
-- A. What kind of protection is the government able under
existing law to provide for victims and witnesses? Does it
provide these protections in practice?
The Ministry of Health and Social Welfare has a mandate to help
orphaned and vulnerable children. However, Post is unaware of
protection specific to victims of trafficking.
The government is aware of the need for victim protection as it
begins to work on its National Plan. As the law is drafted and
the first base-line study is completed, more detailed plans will
be put in place for how to protect the victims.
-- B. Does the country have victim care facilities (shelters or
drop-in centers) which are accessible to trafficking victims?
Do foreign victims have the same access to care as domestic
trafficking victims? Where are child victims placed (e.g., in
shelters, foster care, or juvenile justice detention centers)?
Does the country have specialized care for adults in addition to
children? Does the country have specialized care for male
victims as well as female? Does the country have specialized
facilities dedicated to helping victims of trafficking? Are
these facilities operated by the government or by NGOs? What is
the funding source of these facilities? Please estimate the
amount the government spent (in U.S. dollar equivalent) on these
specialized facilities dedicated to helping trafficking victims
during the reporting period.
Both domestic and international NGOs and donors have provided
some local orphanages with funds to build new shelters or to
expand existing shelters, as well as provide other supplies.
UNDP is working with the government to build a new shelter for
victims of gender-based violence, or violence toward children,
which would be accessible to trafficking victims. There are no
specialized facilities dedicated to helping victims of
trafficking.
The government is aware of the need for safe shelter for victims
as it begins to work on its National Plan. As the law is
drafted and the first base-line study is completed, more
detailed plans will be put in place for how to care for the
victims.
-- C. Does the government provide trafficking victims with
access to legal, medical and psychological services? If so,
please specify the kind of assistance provided. Does the
government provide funding or other forms of support to foreign
or domestic NGOs and/or international organizations for
MASERU 00000057 007 OF 010
providing these services to trafficking victims? Please explain
and provide any funding amounts in U.S. dollar equivalent. If
assistance provided was in-kind, please specify exact
assistance. Please specify if funding for assistance comes from
a federal budget or from regional or local governments.
Both domestic and international NGOs have provided orphanages
with funds to build new shelters or to expand existing shelters,
as well as provide other supplies. Post is not aware of the
dollar amount of any assistance.
The government is aware of the need for victim services as it
begins to work on its National Plan. As the law is drafted and
the first base-line study is completed, more detailed plans will
be put in place for how to provide adequate services to victims.
-- D. Does the government assist foreign trafficking victims,
for example, by providing temporary to permanent residency
status, or other relief from deportation? If so, please explain.
There is no indication that there are any foreign trafficking
victims in Lesotho. Due to the lack of economic opportunity, it
just does not make sense that victims would be trafficked here.
The government is aware of the need for proper status for victim
as it begins to work on its National Plan. As the law is
drafted and the first base-line study is completed, more
detailed plans will be put in place for what kind of status
should be given to victims.
-- E. Does the government provide longer-term shelter or housing
benefits to victims or other resources to aid the victims in
rebuilding their lives?
Not at this time, as no victims have been identified.
However, as the government begins to work on its National Plan,
it is aware of the need to provide long-term shelter for some
victims. As the law is drafted and the first base-line study is
completed, more detailed plans will be put in place for how to
house such victims.
-- F. Does the government have a referral process to transfer
victims detained, arrested or placed in protective custody by
law enforcement authorities to institutions that provide short-
or long-term care (either government or NGO-run)?
Not at this time, as no victims have been identified.
As it begins to work on its National Plan, the government is
aware of the need to define a procedure for dealing with
victims. As the law is drafted and the first base-line study is
completed, more detailed plans will be put in place for how to
handle victims who might be inadvertently detained rather than
rescued.
-- G. What is the total number of trafficking victims identified
during the reporting period? (If available, please specify the
type of exploitation of these victims - e.g. "The government
identified X number of trafficking victims during the reporting
period, Y or which were victims of trafficking for sexual
exploitation and Z of which were victims of nonconsensual labor
exploitation.) Of these, how many victims were referred to care
facilities for assistance by law enforcement authorities during
the reporting period? By social services officials? What is
the number of victims assisted by government-funded assistance
programs and those not funded by the government during the
reporting period?
There are no official or unofficial statistics on trafficking in
the country. The government is aware of this issue, and is
looking to the Ministry of Home Affairs / UNDP study in Quthing
to provide the first data of this kind.
-- H. Do the government's law enforcement, immigration, and
social services personnel have a formal system of proactively
identifying victims of trafficking among high-risk persons with
whom they come in contact (e.g., foreign persons arrested for
prostitution or immigration violations)? For countries with
legalized prostitution, does the government have a mechanism for
screening for trafficking victims among persons involved in the
MASERU 00000057 008 OF 010
legal/regulated commercial sex trade?
Law enforcement officials have received training in this area,
but there is not yet a formal system of proactively identifying
victims of trafficking.
The Ministry of Home Affairs, which administers the police and
border agencies, is aware of the need to empower and educate
police and border agents on identifying and detaining
traffickers while rescuing their victims. They are willing to
facilitate further training in this area, and are open to the
idea of cross-border training involving South African police and
border patrol services. However, they do not have adequate
funding for training at this time. All areas of the Lesotho
government have just had to cut their working budgets by 13% and
training and workshops look to be some of the areas that will be
most affected.
-- I. Are the rights of victims respected? Are trafficking
victims detained or jailed? If so, for how long? Are victims
fined? Are victims prosecuted for violations of other laws,
such as those governing
No victims have yet been identified. However, the government is
aware that one of the basic tenets in the fight against
trafficking is protection for the victims, and as they begin to
develop their national plan and draft their law, protection of
the victims will be one of the key considerations.
-- J. Does the government encourage victims to assist in the
investigation and prosecution of trafficking? How many victims
assisted in the investigation and prosecution of traffickers
during the reporting period? May victims file civil suits or
seek legal action against traffickers? Does anyone impede
victim 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? Are there means by which a victim
may obtain restitution?
No victims have yet been identified. However, the government is
aware that one of the basic tenets in the fight against
trafficking is protection for the victims, and as they begin to
develop their national plan and draft their law, protection of
the victims will be one of the key considerations.
-- K. Does the government provide any specialized training for
government officials in identifying trafficking victims and in
the provision of assistance to trafficked victims, including the
special needs of trafficked children? Does the government
provide training on protections and assistance to its embassies
and consulates in foreign countries that are destination or
transit countries? What is the number of trafficking victims
assisted by the host country's embassies or consulates abroad
during the reporting period? Please explain the type of
assistance provided (travel documents, referrals to assistance,
payment for transportation home).
The government, through the Intersectoral Committee, has
encouraged participation in the three trafficking in persons
workshops sponsored by the Embassy from 2008-2009. The most
recent, in October 2009, particularly targeted law enforcement
and immigration officials, and focused on identifying
traffickers and their victims, as well as what laws could be
used to prosecute them under Lesotho's existing legal system.
According to media reports, South African police are working
together with the Lesotho Mounted Police Service on trafficking.
The October training was done in partnership with Women and Law
in Southern Africa, a local NGO which is doing a lot of work on
trafficking.
We have no data on what is done in Lesotho's embassies and
consulates.
-- L. Does the government provide assistance, such as medical
aid, shelter, or financial help, to its nationals who are
repatriated as victims of trafficking?
No victims have yet been identified. However, the government is
aware that one of the basic tenets in the fight against
trafficking is protection for the victims, and as they begin to
develop their national plan and draft their law, protection of
the victims will be one of the key considerations.
-- M. Which international organizations or NGOs, if any, work
MASERU 00000057 009 OF 010
with trafficking victims? What type of services do they
provide? What sort of cooperation do they receive from local
authorities?
The primary NGO in the country which works with trafficking is
the Lesotho Child Counseling Unit (LCCU). The director of LCCU
has a regular column in a local newspaper, and many of her
articles focus on trafficking, how to identify traffickers, and
how to help victims.
¶5. (U) PREVENTION:
-- A. Did the government conduct anti-trafficking information or
education campaigns during the reporting period? If so, briefly
describe the campaign(s), including their objectives and
effectiveness. Please provide the number of people reached by
such awareness efforts, if available. Do these campaigns target
potential trafficking victims and/or the demand for trafficking
(e.g. "clients" of prostitutes or beneficiaries of forced
labor)? (Note: This can be an especially noteworthy effort
where prostitution is legal. End Note.)
The government has conducted anti-trafficking information
campaigns during the past year. The campaigns have been highly
effective, causing an increase in articles about trafficking in
the local print news from almost nothing to twenty articles
within the past six months. The campaigns have been a joint
effort between the Government of Lesotho and the government of
South Africa. They targeted areas where trafficking is
suspected to be more prevalent, at the large border towns on the
Lesotho side of the Lesotho-South Africa border.
The Child and Gender Protection Unit (CGPU) of the Lesotho
Mounted Police collaborates with local communities and other
stakeholders on awareness-raising on the needs of children and
services provided by the unit. They also create awareness and
education to the members of the Lesotho Mounted Police on the
protection of children's and women's rights, with emphasis on
identifying victims of abuse and trafficking. This is done
through training of Lesotho police and other law enforcement
agencies such as airport and border personnel that are essential
in preventing human trafficking.
UNICEF has assisted the CGPU to distribute materials to create
awareness of human trafficking, and The Minister of Home affairs
presided over the "Women and Law in Southern Africa" launch of
their "Red Light" campaign.
(http://www.lesotho.gov.ls/articles/2009/RED_ LIGHT_2010.php)
-- B. Does the government monitor immigration and emigration
patterns for evidence of trafficking?
Immigration officials at the airport informed Post that they do
monitor immigration and emigration patterns. They are still
learning how to identify traffickers and their victims, but they
are already tracking unusual patterns of immigration.
Government intelligence services also monitor immigration and
emigration patterns.
-- C. 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?
The Intersectoral committee described in section 1A is the
mechanism for coordination and communication.
-- D. Does the government have a national plan of action to
address trafficking in persons? If the plan was developed
during the reporting period, which agencies were involved in
developing it? Were NGOs consulted in the process? What steps
has the government taken to implement the action plan?
The government does have a national plan of action to address
trafficking in persons which was developed by the Intersectoral
committee. The plan was developed during the reporting period.
Agencies involved are described in 1A, as they make up the
Intersectoral committee. NGOs are members of the Intersectoral
committee. The government has requested funding from UNDP to
begin work on a baseline study. The initial study will be a
"rapid assessment" which will take place in two of the ten
districts, Maseru, and Quthing, where it is expected that
trafficking levels will be representative, if not higher, than
that in other districts. The rapid assessment is expected to be
MASERU 00000057 010 OF 010
completed approximately six weeks from now. When the assessment
is concluded, the Ministry of Home Affairs, in collaboration
with UNDP and the consultant hired for the project, will produce
a report which will be shared with the rest of the government
and the Intersectoral Committee. The consultant is also
expected to work with the Intersectoral Committee to further
develop the country's National plan of Action, and give them
concrete steps for moving forward, including suggestions for
necessary training.
-- E: Required of all Posts: What measures has the government
taken during the reporting period to reduce the demand for
commercial sex acts? (please see ref B, para. 9(3) for examples)
Post is not aware of any measures taken.
-- F. Required of all Posts: What measures has the government
taken during the reporting period to reduce the participation in
international child sex tourism by nationals of the country?
There is no evidence that any Basotho nationals participate in
international child sex tourism.
¶30. (U) PARTNERSHIPS
Secretary Clinton has identified a fourth "P", Partnerships,
recognizing that governments' partnerships with other government
and elements of civil society are key to effective anti-TIP
strategies. Although the 2010 Report will include references
and/or descriptions of these partnerships, they will not be
considered in the determining the tier rankings, except in cases
where a partnership contributes to the government's efforts to
implement the TVPA's minimum standards.
-- A. Does the government engage with other governments, civil
society, and/or multilateral organizations to focus attention
and devote resources to addressing human trafficking? If so,
please provide details.
Yes. As described in 5a and 5d above.
-- B. What sort of international assistance does the government
provide to other countries to address TIP?
The government of Lesotho is in need of international foreign
assistance to help combat this problem. They do not have the
resources to assist others financially.
NOLAN