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Viewing cable 06DARESSALAAM1464, ZANZIBAR'S WORK ON TIP LAUDABLE; HUNGRY FOR MORE

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Reference ID Created Released Classification Origin
06DARESSALAAM1464 2006-08-29 11:32 2011-08-25 00:00 UNCLASSIFIED Embassy Dar Es Salaam
VZCZCXYZ0027
PP RUEHWEB

DE RUEHDR #1464/01 2411132
ZNR UUUUU ZZH
P 291132Z AUG 06
FM AMEMBASSY DAR ES SALAAM
TO RUEHC/SECSTATE WASHDC PRIORITY 4673
INFO RUEAWJA/DEPT OF JUSTICE WASHINGTON DC PRIORITY
UNCLAS DAR ES SALAAM 001464 
 
SIPDIS 
 
SIPDIS 
 
G/TIP FOR RYOUSEY; AF/E FOR BYODER; DOJ FOR MBELL; HSTC 
 
E.O. 12958: N/A 
TAGS: PHUM KCRM KWMN SMIG TZ
SUBJECT: ZANZIBAR'S WORK ON TIP LAUDABLE; HUNGRY FOR MORE 
HELP 
 
 
1.  (U)  SUMMARY:  Zanzibar has taken the subject of 
trafficking in persons (TIP) to heart.  Immigration officials 
have trained their own officers as well as local 
administrators and identified the need to review the 
legislation on TIP.  Prosecutors, journalists, politicians, 
tourism officials, and police all recognize TIP patterns on 
the islands of Unguja and Pemba and would welcome U.S. 
assistance to further train police, prosecutors and tourism 
officers. 
 
Immigration leading the way 
--------------------------- 
2.  (U)  The Immigration officials who participated in the 
IOM-led workshop on TIP in Bagamoyo in November 2005 brought 
the information back to Zanzibar, raising awareness within 
the Immigration Department and throughout the community. 
Immigration trained 170 (140 on Unguja and 30 on Pemba) of 
the 248 immigration officers on Zanzibar and has taken the 
training to the village level by training local 
administrators known as ward secretaries or "Shehas."  Shehas 
are contacted by individuals who need proof of birth, 
residency or citizenship for passport issuance or other 
official matters.  Zanzibar's identification card system 
began in 2005 and is not yet complete, so many Zanzibaris do 
not have proof of identity, birth, residence or citizenship. 
To obtain a passport or other documents, individuals contact 
the local Sheha who may issue a letter to the Department of 
Immigration recommending the issuance of a passport.  This 
document is required in order for Immigration to consider an 
individual's application for a passport.  The Immigration 
Department trained 211 Shehas on Unguja (all but a few who 
were ill on the day of the training) and plans a training for 
the 101 Shehas on Pemba at the end of August.  Officials said 
the one-day training was the first time that many Shehas 
learned of human trafficking, how to identify it and how to 
assist victims. 
 
Investigation and prosecution 
----------------------------- 
3.  (U)  TIP cases are investigated by the Criminal 
Investigations Division (100 officers) of the police and 
prosecuted by the Director of Public Prosecution (DPP), not 
by police prosecutors as was the case until 2003.  The DPP is 
responsible for prosecuting all criminal cases, but a 2005 
law allows the DPP's office to delegate that authority to 
other institutions for categories of crimes.  For example, 
the DPP delegated to the Immigration Department the authority 
to prosecute immigration cases involving cross-border crimes 
or entering or working illegally.  Most TIP crimes fall under 
the prosecutorial purview of the DPP.  A case takes an 
average of six to seven months from the time it is brought to 
the DPP to the time a decision is rendered.  Prosecutor 
Mohammed Kiobya told Poloff August 21 that prosecutors have 
not yet received TIP training and suggested this may explain 
the lack of cases prosecuted. 
 
4.  (U)  Although officials have not made arrests or 
prosecuted cases regarding TIP, officials investigated cases 
suspected to be trafficking.  Immigration officials keep 
records, including statements, photos and biodata, and have 
refused to issue travel documents for some individuals with 
suspicious application materials or circumstances. 
Immigration hopes to move these records to a computerized 
system in the near future.  Police Inspector Ali Hamad Said, 
in charge of the police station at Kiongwe in the tourist 
belt of northern Unguja, told Poloff August 14 that officers 
at his station investigated "three to five" claims of 
trafficking so far in 2006 and concluded one was TIP while 
the others were not.  (The one case of TIP is described in 
paragraph 8.) 
 
More help wanted 
---------------- 
5.  (U)  Assistant Commissioner of Police K.K. Kheir wants 
TIP training for police officers, beginning with a group of 
key officers and then to include the training at the police 
college in Zanzibar.  When Poloff told Kheir of the upcoming 
training by the Department of Justice in Dar es Salaam, 
Iringa and Mwanza, Kheir told Poloff "please include us; we 
need it" and asked that general duty officers be trained. 
Kheir fears history is repeating itself, with Zanzibar 
serving as a transit point as it did for the slave market in 
the 19th century.  Police Inspector Said recommended training 
for police, immigration and prosecutors. 
 
6.  (U)  TIP is addressed in separate legislation on the 
mainland and on Zanzibar.  Immigration officials recognize 
the shortcomings of Zanzibar's current TIP law and would 
welcome assistance to reform section 172 of Penal Act No. 6 
of 2004 in order to meet international standards. 
 
Immigration officials suggested that the Chief Minister's 
office, in collaboration with the Ministry of Labour, Women 
and Children, should take the lead in reviewing legislation. 
Prosecutor Mohammed Kiobya admitted the legal definition of 
TIP may need some amendment but said the real problem is the 
lack of training for police and prosecutors.  Immigration 
officials also requested practical training on how to collect 
evidence of TIP crimes.  The Zanzibar Tourism Commission 
would welcome training for its five regional tourism officers 
and 14 tourism patrolling officers which liaise with other 
government authorities to enhance security. 
 
Patterns 
-------- 
7.  (U)  The Zanzibar Tourist Commission identified the main 
pull factor for TIP on Zanzibar as business owners looking 
for cheap labour in order to increase profits.  Journalist 
Ali Shehele said girls from Iringa (mainland) and Pemba come 
to Unguja to work as housemaids, while individuals from Tanga 
(mainland) generally come to Zanzibar to work in 
construction, tailoring and hotels.  Travel to Unguja is 
predominantly by ferry. 
 
8.  (U)  Police Inspector Said, in charge of the police 
station at Kiongwe in the tourist belt of northern Unguja, 
identified one case of TIP.  Regina, a woman who owns a bar 
on Zanzibar, asked a man in Dar es Salaam to find two women 
to work in her bar.  The man, Chande, recruited two women 
under 20 years old in Dar es Salaam in June 2006 by offering 
them jobs in a hotel for "a good salary."  He arranged for 
the women's transportation by ferry and Regina met them in 
Zanzibar.  They worked in her bar for 15,000 shillings per 
month (approximately USD 12), but were unhappy with the 
arrangement and villagers directed them to the police.  Said 
spoke with the bar owner who said she did not know what the 
man had said to the girls and that if they returned to Dar, 
she wanted to be repaid the cost of their transport.  After 
further discussion with Said, the owner agreed to forego the 
cost of transportation to Zanzibar and agreed to pay for part 
of the women's transport back to Dar.  Said negotiated a 
reduced transport fee with the owner of a boat and paid the 
other part of their transport costs.  The women called Said 
when back in Dar to let him know they had arrived safely. 
The case is not being prosecuted due to not knowing the 
location of the recruiter in Dar and the witnesses not 
willing to stay in Zanzibar for the duration of the case. 
 
9.  (U)  Tourism officials observe individuals from Uganda, 
Rwanda, Kenya and the mainland come to Zanzibar as a "greener 
pasture" as there is a small number of skilled labourers on 
Zanzibar and demand outweighs the supply.  Prior to the 
Zanzibar Commission for Tourism implementing changes to the 
training system in 2003, training for hospitality industry 
jobs on Zanzibar was used in a TIP scheme.  In 2000, 13 women 
from Songea were recruited to come to Zanzibar.  They took a 
bus to Dar and a ferry from Dar to Zanzibar where they were 
met and taken to Bububu, north of Stone Town.  There they 
were kept in one room and given three meals a day, then two, 
then one, presumably as the traffickers' funds ran low.  They 
came to the office of the Commission and gave officials there 
"quite a shock."  The Commission responded by introducing a 
registration process and training levy in order to monitor 
individuals coming from the mainland to Zanzibar for hotel 
training.  Since 2003, trainees must register with the 
Commission, state with which hotel they are training and pay 
a USD 50 fee.  The Commission contacts the hotel and verifies 
the length of training.  Hotels can have a maximum of 15 
trainees at one time and are reticent to accept trainees 
without the Commission's permission. 
 
10.  (U)  Immigration officers said there have been a few 
cases of trafficking victims returning to Zanzibar from the 
Middle East, including the United Arab Emirates.  Politician 
Naila Jaddawi knew of victims who had returned from Oman and 
Dubai.  Shehele said young girls are shown photos of 
handsome, successful men in Arabia that are looking for 
housemaids and that Zanzibaris travel to Oman through 
arrangements made by relatives, while residents of the 
mainland have travel arranged by agents.  Victims who 
traveled by arrangement of relatives found it particularly 
difficult to refuse to engage in the work arranged, to refuse 
to accept the payment offered, or to leave. 
 
Planes, ferries and bars -- keeping up appearances 
--------------------------------------------- ----- 
11.  (U)  Passengers arriving or departing on domestic 
flights at Zanzibar airport are not checked by immigration 
officials, although officials have the authority to do so if 
they suspect something is wrong.  Similarly, residents 
arriving by ferry are not checked, but officials agreed that 
 
it is difficult to discern which passengers are Zanzibari. 
It is left to the individual officer's judgment based on the 
passenger's physical appearance and officials admitted that 
residents of the mainland and of other African countries 
routinely enter Zanzibar without an immigration check because 
of this practice.  Immigration officials said this is "a 
matter of practice and procedure" and did not know what level 
of government could change the practice.  They added that 
"years ago" immigration officials checked all passengers but 
under President Mwinyi (President of Zanzibar 1984-85), this 
practice was found to violate the Constitution and the 
guarantee of freedom of movement and the legislature endorsed 
this finding. 
 
12.  (U)  Immigration and tourism officials agreed that the 
lack of immigration checks for domestic flights and for ferry 
passengers means that no one knows exactly who is on 
Zanzibar.  Both groups said they would prefer to monitor 
entry more closely and identified a need for more security 
and patrols of entry points.  For tourism officials, this is 
a loophole for tourism statistics as secondary tourists 
(those coming from another destination in Tanzania before to 
Zanzibar) and domestic tourists are not counted.  This would 
make the tourist count of 125,443 in 2005 a low estimate. 
 
13.  (U)  Another visual check loophole with potential 
consequences regarding TIP is the minimum drinking age. 
Individuals under 18 are not allowed to be in a bar, but the 
identification card system is not established, so bar 
employees rely on one's physical appearance to gauge one's 
age.  If not satisfied that the individual is at least 18, an 
employee can refuse entry. 
 
Protection options lacking 
-------------------------- 
14.  (U)  Victims of trafficking who do not want, or are 
unable, to return home have limited options for receiving 
assistance on Zanzibar.  Community members may take them in 
and some may be assisted at the SOS Children's Village school 
in Mombasa near Stone Town that provides care for orphans. 
The girls that contacted the police in Kiongwe stayed at the 
police station, but not in cells, until transportation home 
was arranged.  However, there is no NGO known to be providing 
assistance to TIP victims on Zanzibar.  Tanzanian law 
prohibits NGOs working on the mainland from operating on 
Zanzibar, and vice versa, so IOM is actively seeking an 
additional partner for providing assistance to victims on 
Zanzibar. 
 
COMMENT: 
-------- 
15.  (U)  The initiative of Zanzibar officials to identify 
patterns and loopholes in order to combat TIP is laudable, as 
is their request for further training and assistance.  Post 
recommends that DOJ consider:  (a) conducting training on 
Zanzibar; (b) reviewing the Zanzibari law concerning TIP; and 
(c) reviewing immigration procedures at entry points, as part 
of the President's Initiative to Combat TIP in order to 
improve security of Zanzibar's borders and improve the 
capacity of Zanzibari officials to identify and prosecute TIP 
crimes. 
 
16.  (U)  Rachel Yousey, Reports Officer for Africa in G/TIP 
cleared this cable. 
RETZER