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Viewing cable 06NAIROBI920, KENYA SUBMISSION FOR THE SIXTH ANNUAL TRAFFICKING
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| Reference ID | Created | Released | Classification | Origin |
|---|---|---|---|---|
| 06NAIROBI920 | 2006-03-01 10:28 | 2011-08-25 00:00 | UNCLASSIFIED//FOR OFFICIAL USE ONLY | Embassy Nairobi |
This record is a partial extract of the original cable. The full text of the original cable is not available.
UNCLAS SECTION 01 OF 08 NAIROBI 000920
SIPDIS
SENSITIVE
G/TIP, G, INL, DRL, PRM, IWI, AF/RSA
E.O. 12958: N/A
TAGS: KCRM PHUM KWMN SMIG KFRD ASEC PREF ELAB KE
SUBJECT: KENYA SUBMISSION FOR THE SIXTH ANNUAL TRAFFICKING
IN PERSONS REPORT
REF: SECSTATE 3836
¶1. (U) The following is Embassy Nairobi's submission for the
Department's annual Trafficking in Persons Report (TIP).
Information is keyed to the format provided in reftel.
¶2. (SBU) STATUS AND EXTENT OF HUMAN TRAFFICKING IN KENYA
¶I. Overview
¶A. Origin, Transit, and Destination
Origin
Kenya continues to be a country of origin for victims of
human trafficking destined for the Middle East, other nations
in Eastern and Southern Africa, and Western Europe and North
America. Kenyan victims overseas often find themselves forced
into domestic servitude, prostitution, service in massage
parlors (where it is also believed they are forced into
prostitution), casino work, and enslavement in brothels.
Kenyans are generally trafficked to the Middle East as cheap
laborers and often as domestic workers to Europe.
Transit
The extent to which Kenya is utilized as a transit point for
human traffickers remains unclear. Kenya serves as a transit
corridor for travel among Asia, the Middle East, Europe, and
the other African nations, which makes it an attractive
location for human smugglers. The degree to which this
transit is human trafficking (or could become so at the
onward destination) remains unknown. Authorities believe
Asians (mainly Chinese women) are being smuggled to European
destinations via Nairobi primarily to enter the commercial
sex trade. Several Chinese women traveling on either forged
Korean or Hong Kong travel documents have been discovered in
Kenya, believed to be transiting to Europe and even the U.S.
South Asians are also believed to transit Kenya through
established smuggling operations. 63 Bangladeshis were
discovered in Kenya in May 2005, believed to be workers
transiting to European destinations. However, it is unclear
whether any of these cases contain elements of human
trafficking. Nevertheless, the same conditions which make
Kenya attractive to human smugglers also make it attractive
to human traffickers.
Destination
Evidence collected by local and international NGOs through
first-person accounts and press reporting indicates that
Kenya remains a destination for human trafficking victims. A
Kenyan Police Service survey of brothels and massage parlors
highlights the growing sex tourism trend along the Kenyan
coast and in urban centers. Burundian and Rwandan nationals
are working in the commercial sex trade or as domestic
laborers, and may have been trafficked for these purposes.
Additionally, trafficking within Kenya is a significant
issue. (See II.B)
More Research is Needed
The problem of human trafficking in Kenya has not been
adequately researched. Much of the information available,
compiled by NGOs or international organizations, is dated or
based on anecdotal evidence. However, the results of an
embassy-funded survey conducted by the Institute of Policy
Analysis and Research (a Kenyan NGO), focusing on human
trafficking and its impact on labor issues in Kenya, should
be available in late March. A comprehensive survey on the
human trafficking phenomenon in Kenya and throughout East
Africa undertaken by the International Organization for
Migration (IOM) will be available later this year. A number
of Kenyan NGOs are also undertaking surveys into the human
trafficking situation in Kenya and the region. Additionally,
UNICEF is conducting research on the extent and effect of
commercial sexual exploitation of children in Kenya, which
may reveal much about the trends in trafficking for sexual
exploitation.
¶B. General Overview Inside Kenya
Neither the government nor NGOs canvassed for this report
could provide reliable figures on internal trafficking,
though all acknowledge that internal trafficking is of
significant concern. Victims are recruited by promises of
employment or access to education and generally trafficked
from rural to urban areas to work as domestic laborers or in
the commercial sex trade. Victims are lured from their
villages by relatives, friends of friends, or employment
agencies. Traffickers target commercial sex workers, would-be
foreign workers, street children, HIV/AIDS and other orphans,
rural-to-urban migrants, and refugees. Women and children are
particularly vulnerable. Poverty, unemployment, HIV/AIDS, and
the low status of women are among the root causes that render
victims vulnerable to traffickers. The majority of these
internal labor flows are a result of individuals seeking
employment and better opportunities in order to survive.
However, in some instances, individuals fall victim to
traffickers and are exploited.
Authorities and NGOs canvassed generally accept that Kenyan
women play an active role in recruiting victims to the
internal trafficking flow, while foreigners and Kenyan men
are involved in external trafficking. Black market foreign
employment agencies, brothel owners, or massage parlor
operators also either traffic victims directly or benefit
from established trafficking rings. Victims are believed to
be trafficked through offers of false marriages, fraudulent
adoption, false travel documents, and deceptive employment
schemes.
Examples of the government's political will to curb human
trafficking and to better educate itself and the Kenyan
people on the phenomenon are included throughout this report.
¶C. Limitations on GoK's Ability to Address TIP
As demonstrated throughout this report, there is a
significant level of political will to address the problem of
human trafficking. However, the government's ongoing
political crises and parliamentary paralysis, coupled with
bilateral pressures on other issues, makes human trafficking
an issue to which the GoK has difficulty consistently
dedicating focus or resources. The civil service is
understaffed and ill equipped. The judiciary is
dysfunctional. The lack of employment opportunities continues
to pressure Kenyans to seek employment in vulnerable
contexts. Unemployment is estimated at 50 percent and more
than 56 percent of the population survive on less than a
dollar per day. The unique challenges posed by the HIV/AIDS
epidemic and the attendant dramatic social consequences,
further undermine the government's ability to address
trafficking. (NOTE: An estimated 6.7 percent of adult Kenyans
are infected with HIV. END NOTE.)
The dearth of data on East African human trafficking trends
continues to place constraints on the Kenyan government's
ability to accurately assess the extent to which its
citizenry is vulnerable to victimization by human
traffickers. Further, resource constraints inhibit the
government's ability to adequately track trends or identify
potential TIP networks or smuggling rings. Other worthy
issues, such as combatting HIV/AIDS, compete with trafficking
as parliament considers budget priorities, given steep budget
deficits. Budget constraints and insufficient capacity
generally dictate that the government detain and deport,
rather than arrest and investigate. These same constraints
often prevent Kenya from collaborating with "deportee
nations" on follow-up investigations without significant
donor community or "deportee nation" assistance. Corruption
among law enforcement authorities and other officials also
hampers the government's ability to effectively address human
trafficking.
¶D. Inability to Monitor Anti-Trafficking Efforts
The government's ability to systematically monitor its
anti-trafficking efforts is severely constrained by lack of
resources and capacity among the relevant agencies. (See I.C)
II. PREVENTION
¶A. GoK Acknowledges TIP as Problem in Kenya
The GoK widely acknowledges that human trafficking is an
issue affecting Kenya. Numerous national and local level
government officials have frequently spoken out about the
dangers of human trafficking and sex tourism. Further, during
the 7th Eastern Africa Police Chiefs Cooperation Organization
conference, held in Mombassa, Kenyan Police Commissioner
Hussein Ali acknowledged that human traffickers were
increasingly using Kenya as a point of transit. Chief Justice
Evan Gicheru made similar points at a two-day workshop on
human trafficking for East African judges.
¶B. Various Levels of GoK Involved in Anti-Trafficking Efforts
Numerous ministries have been involved in anti-trafficking
efforts. The Ministry of Tourism and Wildlife and the
Ministry of Home Affairs are actively involved in the
development and implementation of a self-regulating code of
conduct to protect children from tourism-related sexual
exploitation. (See III.M) The Ministry of Labor and the
Attorney General's office helped to implement the USG-funded
ILO-IPEC time bound program targeting four fields of labor,
all of which are TIP-susceptible. (See II.J) The Attorney
General's office is assisting in the drafting of new
anti-trafficking legislation. The Kenyan Police Service (KPS)
is involved through its Criminal Intelligence Unit (CID) and
Human Trafficking Unit (HTU) and has incorporated human
trafficking awareness into its community policing training
program. The Ministry of Labor, the Ministry of Foreign
Affairs, and the Ministry of Home Affairs are engaged in the
registration of both domestic and Foreign Employment Agencies
(FEA) and the provision of foreign-worker counseling. The
Department of Immigration disseminated TIP/PISCES information
and is actively pursuing new trafficking-specific
legislation. (See III.A)
¶C. Public Awareness Campaigns
The GoK widely disseminates anti-trafficking brochures, which
include contact information for the 24-hour police hotline,
the Police Children,s Desk, and several NGOs which
facilitate victim assistance. The Ministry of Labor also
conducts workers, rights counseling for Kenyan nationals
working abroad. On the demand reduction side, the GoK is
active in the establishment of a code of conduct for the
tourism industry, which highlights the scourge of sex tourism
in Kenya. (See III. M)
¶D. GoK Supports other Programs to Prevent Trafficking
The government's provision of free primary education
nationwide and the Ministry of Education's "mobile schools
program" all indirectly contribute to prevent vulnerable
populations from falling victim to human traffickers. Women's
empowerment programs funded though the parliamentary
constituency development fund serve to indirectly bolster the
government's counter-trafficking efforts. (See II.B.)
Further, due to concerns about the risk human trafficking
poses to Kenyan nationals destined for work in the Middle
East, the Office of Human Resources, Management, and
Employment (OHRME), under the Minister of Labor, extended the
mandate of its satellite office which seeks to track and
assist Kenyan nationals employed in Saudi Arabia. Back home,
OHRME implements a notable program of education, awareness,
and inspection for all Foreign Employment Agencies. This
program is being expanded to also include domestic employment
agencies. The Central Bureau of Statistics is currently in
the process of conducting a nationwide household survey that
will identify instances of child labor, the results of which
will be used to create a national advocacy strategy to
redress circumstances which make children vulnerable to child
labor (and human trafficking). The Children's Department in
the Ministry of Home Affairs is supported by UNICEF to
implement a cash subsidy project in select locations
throughout Kenya targeting vulnerable children by improving
the capacity of extended families to absorb and care for
orphans, many of whom have lost parents to HIV/AIDS. (See
also II.J)
¶F. GoK Cooperates with Civil Society to Address Trafficking
The GoK increasingly cooperates, and often partners, with
civil society to combat human trafficking. Of particular note
is the collaboration between the Attorney General's office
and civil society in the preparation of new anti-trafficking
legislation. Various relevant ministries have participated in
stakeholders meetings to provide input on the proposed bill.
Additionally, the government has been active with civil
society in promoting the adoption of a code of conduct for
the tourism industry. (See III.M)
¶G. GoK Monitors Immigration and Emigration Patterns
Immigration officials participated in the American Bar
Association-sponsored training on human trafficking. (See
III. H) The GoK utilizes TIP/PISCES software (provided by the
USG) to scrutinize travelers who have been placed on a
government-wide &stop list8 and plans to use the software
to examine various smuggling routes which could be exploited
by traffickers. IOM has been working with the Ministry of
Immigration to implement a USG-funded Capacity Building in
Migration Management Project to improve the ministry's
capacity and professionalism, including the establishment of
a training facility. Additional IOM efforts focus on
improving awareness of border security issues among relevant
authorities. These programs should also bolster immigration
officials, capacity to address human trafficking issues.
¶H. GoK Mechanisms for Coordination with International and
Multi-National Bodies
There is no formally designated single point of contact in
the GoK. However, IOM hosted a three-day anti-trafficking
stakeholders workshop in November comprised of relevant
government agencies and civil society. The workshop resulted
in the creation of a task team and a network to facilitate
GoK and civil society anti-trafficking efforts. Several
anti-corruption entities exist in Kenya, some of which are
charged with policy making, investigatory powers, or raising
public awareness on corruption.
¶J. GoK Lacks a National Plan of Action
The government does not yet have a formal national action
plan on TIP. This is not due to a lack of political will but
rather results from diverse priorities competing for
government attention and limited resources. Other critical
issues such as counter-terrorism do not yet have formalized
national action plans either. However, at the workshop
sponsored by IOM, a task team comprised of relevant
government agencies and civil society was formed to develop a
national plan of action.
Additionally, the GoK, with assistance from the ILO/IPEC,
formulated a national time bound program to prevent labor
exploitation of children by developing a comprehensive
framework to address the root causes of child labor (which
also render children vulnerable to human trafficking.) The
program aims to overhaul existing labor-related policies and
legislation by domesticating numerous international
conventions, harmonizing existing domestic legislation, and
enacting safeguards in sectors susceptible to child labor
(and trafficking).
III. Investigation and Prosecution of Traffickers
¶A. Kenyan Anti-Trafficking Laws
Kenya does not have a law specifically prohibiting
trafficking in persons. However, traffickers can
theoretically be prosecuted under existing legal provisions.
The constitution of Kenya prohibits the practice of slavery.
Further, the Penal Code prohibits the forced detention of
women for the purposes of prostitution, and some trafficking
offenses could be prosecuted under laws addressing child
labor, abduction, attempted abduction, and the commercial and
sexual exploitation of children. However, the GoK,s limited
investigative and prosecutorial capacity impedes use of these
legal provisions to prosecute suspected traffickers to the
fullest extent. While Post believes the GoK is willing to
prosecute cases of human trafficking, a comprehensive
trafficking-specific legal framework is needed to adequately
address the full scope of issues related to trafficking in
persons and arm legal and law enforcement authorities with
the necessary tools to successfully investigate, prosecute,
and track cases of human trafficking.
The GoK readily admits that such legislation is sorely needed
to carry out an effective anti-trafficking campaign.
Immigration officials lamented to Poloff that in the absence
of specific anti-trafficking legislation, suspected
traffickers can only be tried on related offenses, e.g.,
harboring aliens, which generally do not carry significant
penalties. To address this shortcoming, in February, the
Ministry of Immigration developed draft legislation that
would criminalize human trafficking. The proposed bill
suggests an equivalent USD 2,700 minimum fine and a minimum
sentencing of ten years for trafficking in human beings.
Several procedural stages remain before the bill is ready to
be presented to parliament, but the ministry is very
committed to pushing forward this initiative.
Civil society, led by CRADLE (a child advocacy NGO), is
pursuing a complementary initiative to develop a
comprehensive legal framework to criminalize human
trafficking and related activities (which would be broader in
scope than the immigration-specific legislation noted above).
Following input from a broad spectrum of stakeholders,
including relevant government ministries, and with the
assistance of the Attorney General's office, the draft bill
is close to finalization and is expected to be presented to
parliament later this year. (NOTE: Internal divisions in the
government have slowed the legislative process to a near
stand-still. There are numerous pieces of legislation
proposed for consideration in the coming sessions of
parliament. While many of these drafts are worthwhile and
could pass a normally functioning parliament, we are doubtful
that more than one or two bills will be passed in the
remainder of this legislative session and cannot guarantee
that trafficking legislation will fall within this fortunate
minority. END NOTE.)
¶B. Penalties for Trafficking
There are currently no specific penalties for human
trafficking activities.
¶C. Penalties for Rape
The current legislative framework supporting the state's
prosecution of rape cases remains weak. Rape of a child under
the age of 14 is classified as a lesser offense of
"defilement," with a maximum penalty of 5 years imprisonment.
The maximum penalty for rape is life imprisonment; however,
actual time served is often less than ten years. Furthermore,
prosecution of rape cases remains low due to cultural
inhibitions, fear of retribution, and disinclination of
police to intervene in domestic disputes. However, the
proposed Sexual Offenses Bill (anticipated to be put before
parliament this year) would amend and consolidate relevant
laws relating to sexual offenses to enhance protection and to
proscribe enhanced penalties for sexual offenses. The bill
proposes a minimum 20-year sentence for rape and sexual
assault. The bill also proposes a fifteen-year minimum
sentence for human trafficking for the purposes of sexual
exploitation, and twenty years for child trafficking,
regardless of the trafficker's purpose. (See Note, section
III.A.)
¶D. Prostitution is Criminalized
Under Kenyan law, prostitution in and of itself is considered
a misdemeanor. The Penal Code defines the "living on the
earnings8 of prostitution, for both men and woman, as a
misdemeanor. However, fines are limited and jail time is
rarely enforced. The activities of brothel owners or
operators are also criminalized as a misdemeanor; however,
the activities of clients are not criminalized under Kenyan
law. The proposed CRADLE anti-trafficking bill would impose a
minimum sentence of five years imprisonment and/or fine of
not less than USD equivalent 2.70 for engaging the services
of trafficked persons for prostitution.
¶E. GoK Limited in Ability to Investigate and Prosecute
Trafficking
The current legal and law enforcement structure makes
compiling broad-spectrum statistics virtually impossible.
Edward Muchori, Deputy Commissioner of Police, Operations and
Investigations, CID, explained to Poloff that in the absence
of an anti-trafficking statute, the KPS does not identify
trafficking-related crimes as such. Rather, trafficking
crimes are filed as rape, abduction, kidnapping, etc., and
therefore the GoK is not able to provide accurate information
on the number of human trafficking-related investigations or
prosecutions. As a result, explained Muchori, the Anti-Human
Trafficking unit cannot report any investigations into human
trafficking cases during the period covered by this report.
The existing legal structure (see III. A ) coupled with
competing priorities for limited resources have further
hindered investigation and prosecutions. Muchori emphasized
the need for awareness and sensitization training for
officers in the field to assist them in identifying cases of
trafficking as such.
Immigration authorities are generally more involved in
suspected trafficking cases. Immigration officials reported
several cases of suspected trafficking during the course of
the year covered in this report. However, in the absence of
offenses specifically defined as trafficking, suspects are
charged with other offenses, rendering distinction between
human smuggling and trafficking rather difficult. Case in
point, a French national was found to be smuggling (or
trafficking) several Chinese nationals. He was charged and
convicted of harboring aliens and subsequently deported.
¶F. Those Behind the Trafficking
Concrete evidence of who is behind human trafficking in Kenya
is unavailable. Anecdotal evidence and first-person accounts
indicate that freelancers, members of organized crime
syndicates, employment agencies, and marriage brokers are
involved in trafficking. Ministry of Tourism officials
believe that some tour operators may cater to sex tourists.
Black market or unregistered Foreign Employment Agencies
(FEA) have facilitated the trafficking of Kenyan nationals to
Middle Eastern nations, notably Saudi Arabia, the United Arab
Emirates, and Lebanon, and collect profits from such
trafficking. There are no reports of government collusion in
human trafficking.
¶G. Active Investigation of Trafficking
(See III.E) The use of electronic surveillance, under-cover
operations, and the use of informants are not prohibited
under Kenyan law. Covert operations are permissible. In some
instances, Kenyan law allows suspects to benefit from
mitigated punishment or immunity in exchange for continued
cooperation during ongoing investigations.
¶H. Specialized Trainings Provided
The GoK collaborated with the American Bar Association to
develop and conduct a training-of-trainers seminar on human
trafficking for police and immigration officials. The project
is in the process of developing a human trafficking training
manual, which will be used to institutionalize
trafficking-related issues into training continuums for
police, immigration, and registration officers. The Ministry
of Labor conducted workshops to sensitize domestic and
foreign employment agencies on human trafficking issues.
Chief Justice Evan Gicheru acknowledged the need for more
training on human trafficking for legal and law enforcement
authorities. (See II.A)
¶I. Cooperative Investigations
The GoK has expressed interest and willingness to cooperate
with other nations in trafficking investigations. Ministry of
Labor officials toured Middle Eastern nations, where an
estimated 20-30,000 Kenyans are employed, and met with
employment agencies and diplomatic missions to assess the
human trafficking threat to Kenyan nationals in those nations
and to raise awareness levels on human trafficking. The
Ministry of Immigration frequently collaborates with
diplomatic missions in Kenya to facilitate the authentication
of travel documents in suspected trafficking cases and the
repatriation of possible trafficking victims. However,
according to Muchiro, no collaborative investigations took
place with the CID in the year covered by this report.
¶J. GoK Extradition/Deportation of Traffickers
The GoK did not extradite nor deport persons charged with
trafficking during the year covered by this report, though no
provisions in Kenyan law prohibit such action. Nor is there
any legal obstacle to the extradition of Kenyan nationals
under Kenyan law. However, a French national was deported for
a trafficking-related offense, though it remains unclear if
his activities constituted human trafficking or smuggling.
(See III.E)
¶K. GoK Does Not Tolerate Trafficking
There is not evidence to suggest that the GoK is in anyway
involved in or tolerates human trafficking.
¶M. Child Sex Tourism
There were no pedophiles prosecuted or deported this year.
Kenya's child sexual abuse laws do not have extraterritorial
coverage. UNICEF and End Child Prostitution, Child
Pornography and Trafficking of Children for Sexual Purposes
(ECPAT) have been working with the GoK and civil society to
promote the adoption and implementation of the Code of
Conduct for the Protection of Children from Sexual
Exploitation for the tourism industry. In February, 30
members of the Kenya Hotelkeepers and Caterers Association
signed onto the Code under the auspices of the Minister for
Tourism.
¶N. International Treaties
Kenya ratified the ILO Convention 182 on May 7, 2001. On
September 8, 2000, Kenya signed the Optional Protocol to the
Convention on the Rights of the Child on the sale of
children, child prostitution, and child pornography. Kenya
acceded to the Protocol to Prevent, Suppress and Punish
Trafficking in persons, especially Women and Children,
supplementing the UN Convention Against Transnational
Organized Crime on January 5, 2005.
IV. GOK Protection and Assistance to Victims
¶A. Victim Assistance Programs
The GoK's ability to develop assistance programs and provide
services for victims of trafficking is severely limited due
to insufficient capacity among government service providers,
a dearth of resources, and insufficient training. However,
all of the government officials with whom Poloff discussed
these issues readily recognized the need for expansion into
this area and expressed a strong willingness to be more
involved. Insufficient recourses are repeatedly cited as the
number one reason that more government assistance has not
been forthcoming.
At a national level, the GoK does not specifically provide
victims of human trafficking shelter, access to medical or
social services, or afford temporary or permanent residence
status. However, government plans for the creation of three
victim assistance recovery shelters have recently been
approved under a GOK-initiated sector-wide reform program
targeting the legal sector, called the Governance, Justice,
Law and Order Sector (GJLOS) Reform Program. The GoK provides
street children (often victims of trafficking and sexual
exploitation) with shelter and access to medical and
psychological services. The government has also established
District Advisory Children,s Centers throughout the nation
that administer psycho-social services, medial and
educational assistance, and foster programs for at-risk,
orphaned, or abandoned children. The government provides
consular services to Kenyan nationals who have been victims
of human trafficking seeking repatriation. Several civil
society organizations provide repatriation assistance to
trafficking victims in close collaboration with
national-level governmental authorities. NGOs also provide
trafficking victims with legal assistance, shelter, and
medical and psychological services. In many instances, these
NGOs work in consultation with local government authorities.
¶B. GoK Assistance to NGOs
The GoK pays dues to IOM and ILO-IPEC, and coordinates donor
funding to NGOs active in the reform of the judiciary under
GJLOS.
¶C. GoK Screening and Referrals
While no formal screening or referral processes exist, NGOs
providing victim assistance report good relations with local
authorities who refer victims to their care. Local-level
working relationships between government and civil society
are generally quite strong.
¶D. Respect for Victim's Rights
Trafficking victims are reportedly not often treated as
criminals. However, foreign victims discovered in Kenya are
frequently detained for short periods of time and deported.
They also may face the possibility of immigration penalties,
such as unlawful presence or failure to produce a passport,
each carrying a fine equivalent to USD 270 and/or one-year
jail sentence. The GoK facilitates consular assistance for
foreign victims. Trafficking victims involved in prostitution
can face both fines and prosecution, though in practice, they
are frequently only fined. The fine for engaging in
prostitution is KSH 1,300, approximately USD 17.50.
¶E. Victim Involvement in Prosecutions
Victims are able to assist the government in related
investigations and prosecutions. Trafficked persons are able
to file civil suits against pimps, but such action is rare in
practice. Foreign victims are usually deported before
conclusion of investigations due to a lack of resources,
limited capacity, and an absence of trafficking related
offenses for which victims could assist in the investigation
and prosecution. General dysfunction and delays within the
judiciary present a significant hurdle to accessing legal
redress for victims. The proposed CRADLE anti-trafficking
bill would allow for victim restitution, which is not
provided for under existing laws.
¶F. Witness Protection
Formal witness protection programs do not exist in Kenya. In
theory, protection can be arranged through the Kenya Police
Service, but this seldom occurs in practice. Due to continued
parliamentary paralysis, a bill creating a formal witness
protection program (tabled in parliament in 2004) continues
to languish. (NOTE: The Kenyan parliament succeeded in
passing only two pieces of legislation during the year
covered by this report. END NOTE.) The GoK recognizes the
need for greater victim assistance programs, however resource
constraints inhibit greater development in this field. Child
victims are placed under the care of local level children
officers and placed in child homes or rehabilitation schools,
where they receive basic counseling services. (See IV.A)
¶G. GoK Training
(See III.H and I)
¶H. GoK Assistance to Repatriated Kenyans
The GoK does not provide direct financial assistance to
repatriated victims. Shelter is not currently provided
specifically for trafficking victims, however the government
plans to do so in the future. (See IV.A) The GoK collaborates
with civil society, as funds and resources allow, and based
on the extent to which civil society or victims inform the
government of a need for assistance or collaboration.
¶I. IOs and NGOs Assist Victims
There are a variety of NGOs active, to varying degrees, in
human trafficking and trafficking-related issues. Most of
these NGOs are engaged in the area of sensitization and
concentrate their efforts on public awareness campaigns,
gender equity issues, the economic advancement of women, and
women's and children's advocacy and outreach. Federation of
Women Lawyers (FIDA-Kenya), Solidarity with Women in Distress
(SOLWADI), CRADLE, and Solidarity with Daughters in Distress
(SOLDIDI) work directly with trafficking victims and are
active in the repatriation (both internationally and within
Kenya) of trafficking victims and providing social and legal
assistance. In addition, CRADLE and FIDA-Kenya are actively
engaged in promoting legal reform that would introduce a
comprehensive trafficking-specific statute. NGOs report
positive working relations with the government. (See IV.A)
¶3. (U) Poloff Melissa A. Sweeney (rank:03) spent
approximately 87 hours in the preparation of this report. She
can be reached at (254) 20-363-6186 (office) or (254)
722-200-167, fax: (254) 20-363-3329. The following
individuals also contributed to preparation of this report:
Econoff (rank:02) spent 2.5 hours; PolCons (rank:02) spent
hours; Deputy PolCons (rank:02) spent 1.5 hours; Consul
General (rank:OC) spent .5 hour; Staff Assistant (rank:04)
spent 1 hour; DHS/IOC (rank: GS-12) spent .5 hours; RSO/TIP
Pisces Coordinator (contractor) spent .5 hours; Deputy Chief
of Mission (rank:FEMC) spent .5 hours.
BELLAMY