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Viewing cable 06KINSHASA339, DEMOCRATIC REPUBLIC OF THE CONGO 2006 TRAFFICKING

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Reference ID Created Released Classification Origin
06KINSHASA339 2006-03-01 15:17 2011-08-25 00:00 UNCLASSIFIED//FOR OFFICIAL USE ONLY Embassy Kinshasa
This record is a partial extract of the original cable. The full text of the original cable is not available.
UNCLAS SECTION 01 OF 04 KINSHASA 000339 
 
SIPDIS 
 
SENSITIVE 
 
STATE FOR G/TIP, G, INL, DRL, PRM, IWI, AF/RSA 
STATE PLEASE PASS USAID FOR AID/W/AFR - KO'DONNELL 
 
E.O. 12958: N/A 
TAGS: KCRM PHUM KWMN SMIG KFRD ASEC PREF ELAB CG
SUBJECT: DEMOCRATIC REPUBLIC OF THE CONGO 2006 TRAFFICKING 
IN PERSONS REPORT 
 
REF: STATE 03836 
 
1. (SBU)  American Embassy Kinshasa provides the following 
information in accordance with reftel instructions. 
Responses are keyed to reftel,s numbered paragraphs (21-24). 
 
Begin responses: 
 
(21) Overview of country's activities to eliminate 
trafficking in persons: 
 
A.  The DRC is not a major country of origin, transit, or 
destination for international trafficked men, women, or 
children. 
 
The final year of the Congolese transition government, 
established following five years of civil war, focused 
largely on moving the DRC toward the first free national 
elections in more than forty years.  Two optional six-month 
extensions of the transitional period, from July 1, 2005 to 
December 31, 2005, and from January 1, 2006 to June 30, 2006, 
were enacted, and a referendum approving a new constitution 
took place successfully on December 18, 2005.  The country is 
now moving toward full national and provincial elections 
prior to the mandatory June 30 end of the transition. 
 
Thousands of indigenous and foreign armed groups remain in 
the eastern DRC provinces of Orientale, Katanga, North Kivu, 
and South Kivu, however.  There is nominal government control 
over these provinces, but members of the armed groups are 
still able to perpetrate violent acts against the population. 
 The Congolese military (FARDC) now has six integrated units 
that have, in the past six months, worked with the UN Mission 
to the Congo (MONUC) to neutralize these armed groups. 
Despite these actions and the increased security provided by 
UN troops in the eastern part of the DRC, large swaths of 
territory remain unstable.  It is in these areas that the 
continuing abduction of men, women, and children by armed 
groups takes place, albeit at a much reduced rate from 
previous years.  The transitional government's top priority, 
after ensuring democratic elections, is removing these armed 
groups. 
 
B. Trafficking in persons, according to the definitions 
provided by G/TIP, is not a problem in the DRC.  Citizens in 
the DRC are, on the contrary, abducted by armed groups 
outside of government control in a region of, at best, 
political and military instability, and at worst, outright 
violent conflict.  Abductions in the DRC are internal and 
occur primarily in the eastern provinces.  Male and female 
children captured as soldiers, women abducted as sex slaves 
or "war wives," and men and women kidnapped as porters by 
armed groups are the predominant categories.  There are no 
reliable statistics on the number of abduction victims by the 
armed groups.  The transitional government, MONUC, and NGO 
officials agree that the number of abductions has declined, 
although many people abducted in previous years are still 
being held.  Only one case of "traditional" trafficking in 
persons activity has been reported -- near the Zambian 
border.  (Note: The occasional "disappearance" of Congolese 
citizens in Europe following illegal migration has also been 
reported, but not confirmed, as trafficking. End note.) 
Additionally, prostitution exists throughout the country and 
may involve girls under the legal age of consent.  All 
documentation on abductions and prostitution in the DRC comes 
from local and international NGOs working in the country. 
 
(Note: In 2005, there were numerous well-publicized 
allegations against MONUC personnel (civilian and military) 
of sexual abuse and frequenting prostitutes.  In the past 
year, however, MONUC implemented a zero tolerance policy 
prohibiting sexual relations with Congolese nationals for all 
staff.  All reported cases are investigated, and members of 
the MONUC mission in violation of the policy have been sent 
back to their home countries, and in some cases, prosecuted. 
End note.) 
 
C. Given the transitional government's financial, military, 
and political inability to deal with armed groups, its 
capacity to address abduction -- a problem almost entirely 
consequent of these armed groups -- is very limited despite 
the government's strong desire to do so.  The enormous size 
of the country (equivalent to Western Europe), coupled with a 
complete lack of infrastructure (there are virtually no roads 
outside of major cities) and an ineffective army pose 
enormous monitoring challenges.  The DRC is one of the 
poorest nations in the world, with an average lifespan of 43 
years, and an estimated 38,000 people dying of hunger, 
illness, or violence each month.  The country cannot pay its 
police, military, or civil servants sufficiently nor on a 
regular basis.  The transitional government lacks the 
resources not only to aid victims but also to provide 
security and basic services to its citizens.  In the face of 
such overwhelming problems, the limited actions the 
transitional government has been able to take toward 
eliminating abductions are understandable. 
 
D. The transitional government does not systematically 
monitor the anti-trafficking efforts of its various 
ministries, although the ministries themselves record their 
own efforts.  The Ministry of Human Rights collects 
information from national and international organizations 
registered with it. 
 
(22) Prevention: 
 
A. The transitional government acknowledges that armed groups 
abduct civilians.  The transitional government is also aware 
of one case of Congolese citizens trafficked to Zambia. 
 
B. The Ministries of Justice and Human Rights and the 
demobilization agency CONADER are involved in anti-abduction 
efforts.  None is officially designated a lead agency. 
 
C. Due to lack of funding, there have been no government-run 
anti-trafficking information or education campaigns. 
However, staff from the Ministry of Human Rights attended an 
anti-trafficking conference in 2003 and have developed an 
educational program they would like to implement but cannot 
without donor assistance. 
 
D. The transitional government continues to move toward 
integration and professionalization of its troops with the 
intention of using them to neutralize armed groups.  A 
unified and effective military would also be able to secure 
porous borders.  There are several donor-financed programs 
(including from the USG) to enable children, particularly 
girls, to remain in school. 
 
F. Transitional government officials work with NGOs to assist 
former child soldiers and victims of sexual violence in 
receiving treatment and reintegrating into society. 
 
G. The transitional government does not regularly monitor 
immigration and emigration patterns for evidence of 
trafficking, as border controls are very weak throughout the 
country.  Law enforcement agencies do not screen for 
potential trafficking victims but have recently begun human 
rights and professionalization training. 
 
H. The transitional government does not have a mechanism for 
coordination and communication between various agencies on 
trafficking-related matters.  It does not have a trafficking 
in persons working group or single point of contact.  The 
Parliament has created a public corruption committee called 
the Lutundula Group.  The transitional government is composed 
of former belligerents who rarely cooperate or coordinate on 
most issues. 
 
J. The transitional government does not have a national plan 
of action to address trafficking in persons.  The Ministries 
of Justice and Human Rights have taken specific actions on 
the issue and have worked directly with NGOs that are 
assisting them in their efforts. 
 
(23) Investigation and Prosecution of Traffickers: 
 
A. The DRC does not have a law specifically prohibiting 
trafficking in persons.  However, the Ministry of Justice is 
currently working with the French government to revise its 
penal code to include specific laws against trafficking, 
modeled on French laws.  (Note: The Ministry was unable to 
provide details on these revisions as they are still in 
progress, so it is not yet clear whether the laws will cover 
both internal and external forms of trafficking. End note.) 
They anticipate completing the project in September and 
submitting legislation to the newly-elected Parliament in 
late 2006 or 2007 for consideration.  Prior to the elections 
in the first half of 2006, which will mark the end of the 
transition, the National Assembly and Senate will not 
consider newly introduced legislation.  There are laws 
against slavery and prostitution in the country, but the 
government lacks funding to distribute copies of the national 
penal code (one thick volume) to the 2,500 magistrates 
throughout the country and are seeking international 
assistance to do so. 
 
B. There are no current laws or penalties for traffickers of 
people for sexual or labor exploitation. 
 
C. Rape or forcible sexual assault is punishable by 5-15 
years imprisonment.  Rape of a minor by a person in a 
position of power (e.g., a priest or teacher) is punishable 
by a minimum of 20 years.  Rape resulting in death (not 
uncommon in the DRC) is punishable by the death penalty. 
There are no specific penalties for sex trafficking. 
 
D. Prostitution is statutorily illegal as are the activities 
of prostitutes, brothel owners/operators, clients, pimps, and 
enforcers.  Law enforcement and judicial authorities are 
rarely able to enforce existing laws due to lack of 
personnel, funding, and the instability engendered by 
continuing armed group activity in the east.  Much of the 
prostitution involves only individual women trying to earn 
enough money to survive.  Local-level law enforcement 
officials regularly use laws against underage persons in 
drinking establishments to close down potential or actual 
brothels. 
 
E. The transitional government has not prosecuted any cases 
against traffickers. 
 
F. Armed groups are behind the abduction of civilians.  In 
the sole reported case of external trafficking (see also 
paragraph I below), the traffickers were presumed to be 
freelance operators. (Note: Two women took a group of 
children across the border into Zambia where they were 
stopped by Zambian officials.  Although it is assumed the 
children were being "trafficked," there is no information on 
their intended destination or regarding the purpose of their 
abduction.  End note.)  There is no evidence of small crime 
groups or large international organized crime syndicates 
working as traffickers in the DRC.  There is no evidence of 
employment, travel, or tourism agencies or marriage brokers 
fronting for traffickers or crime groups to traffic 
individuals.  There are no reports of government involvement 
in the abduction of civilians in the past year, nor are there 
any reports of government involvement in external 
trafficking.  Any profits acquired through abduction (e.g. 
ransom) are used by armed groups to fund their continued 
military actions. 
 
G. The transitional government does not actively investigate 
cases of trafficking. 
 
H. The transitional government has no funding to provide 
specialized training to government officials on the specifics 
of particular crimes, including trafficking. 
 
I. In the only known case of external trafficking, in which 
several Congolese children were taken to Zambia by two 
Congolese women, the DRC Embassy to Zambia fully cooperated 
with the Zambian government in quickly repatriating the 
children to the DRC.  The transitional government did not 
assist in the investigation or prosecution of the case due to 
lack of resources. 
 
J. The transitional government has not extradited anyone 
charged with trafficking in other countries.  The government 
has not extradited its own nationals charged with such 
offenses as no such cases have been brought forward. 
 
K. There is no government tolerance of trafficking.  However, 
the government is wholly incapable of stopping the abduction 
of civilians by armed groups. 
 
L. There is no evidence of government involvement in 
trafficking, and no officials have been prosecuted for such 
activity. 
 
M. The DRC does not have a child sex tourism problem. 
 
N. The government has signed and ratified all of the 
following international instruments: 
 
ILO Convention 182; ratified June 20, 2001 
ILO Convention 29 and 105; ratified June 20, 2001 
Optional Protocol to the CRC; ratified March 5, 2001 
Protocol on Trafficking; ratified March 5, 2001 
 
(24) Protection and Assistance to Victims: 
 
A. The transitional government assists former child soldiers 
through the CONADER demobilization process by providing 
temporary housing and vocational training.  Legal, medical, 
and psychological services as well as health care facilities 
are also provided by NGOs. 
 
B. The transitional government has no funding to support 
either foreign or domestic NGOs for services to victims. 
 
C. NGOs work with government officials to monitor, locate, 
and assist victims, particularly demobilized child soldiers. 
 
D. There continues to be social stigmatization of women who 
have been abducted as sex slaves.  The almost complete lack 
of a functioning judicial system in the DRC means that 
victims and criminals rarely see the inside of a courtroom. 
 
E. The transitional government cannot encourage victims to 
assist in the investigation and prosecution of trafficking 
because civil and criminal justice systems throughout the 
country are very weak.  There is no victim restitution 
program. 
 
F. The transitional government is unable to provide 
protection for victims and witnesses.  (Note: The 
transitional government is unable to provide sufficient 
security to all its own citizens to prevent their abduction 
by armed groups in the first place. End note.) 
 
G. The transitional government is unable to provide any 
specialized training to government officials on trafficking 
and victim assistance, either internally or at its embassies 
abroad, due to a complete lack of resources. 
 
H. There have been no reported cases of repatriated nationals 
who are victims of trafficking in the DRC. 
 
I. In the eastern provinces where most abductions by armed 
groups have occurred, numerous local NGOs supported by 
UNICEF, Save the Children, and CARITAS work with former child 
soldiers.  (Note: The USG provides funding to several of 
these NGOs.  End note.)  These NGOs provide shelter, basic 
literacy education, and vocational training for a large 
number of the 16,000 child soldiers that have been 
demobilized in the country (3,200 in 2005 alone).  Most of 
the "child soldiers" are now legally adults, as abduction of 
children for soldiering occurred largely prior to 2001. 
 
End responses. 
 
2. (SBU) Point of contact on trafficking is Tracy Naber, 
243-81-884-1354 (mobile), 934-3259 (IVG), 243-81-301-0561 
(fax), nabertj@state.gov.  Entry-level political officer 
spent 50 hours researching and preparing this report. 
MEECE