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Cablegate: Tanzania: 2010 Trafficking in Persons Report

VZCZCXRO1223
RR RUEHBZ RUEHDU RUEHJO RUEHMR RUEHRN
DE RUEHDR #0136/01 0421131
ZNR UUUUU ZZH
R 111131Z FEB 10
FM AMEMBASSY DAR ES SALAAM
TO RUEHC/SECSTATE WASHDC 9402
INFO RUCNSAD/SOUTHERN AF DEVELOPMENT COMMUNITY COLLECTIVE
RUEHC/DEPT OF LABOR WASHINGTON DC
RUEAHLC/DEPT OF HOMELAND SECURITY WASHINGTON DC
RUEAWJA/DEPT OF JUSTICE WASHINGTON DC
RUEATRS/DEPT OF TREASURY WASHINGTON DC
RUEHJB/AMEMBASSY BUJUMBURA 3180
RUEHKA/AMEMBASSY DHAKA 0028
RUEHKM/AMEMBASSY KAMPALA 0157
RUEHLGB/AMEMBASSY KIGALI 1657
RUEHLG/AMEMBASSY LILONGWE 0001
RUEHLO/AMEMBASSY LONDON 0520
RUEHNR/AMEMBASSY NAIROBI 1629
RUEHNE/AMEMBASSY NEW DELHI 0084
RUEHSA/AMEMBASSY PRETORIA 3753
RUEHRH/AMEMBASSY RIYADH 0080

UNCLAS SECTION 01 OF 07 DAR ES SALAAM 000136

SENSITIVE
SIPDIS
DEPARTMENT FOR AF/E JTREADWELL; GTIP RYOUSEY; G LPENA; PRM;
DRL MDAVIS; INR FEHRENREICH; AF/RSA
STATE PASS TO AID

E.O. 12958: N/A
TAGS: KTIP KCRM PHUM KWMN SMIG KFRD ASEC PREF ELAB
KMCA, TZ
SUBJECT: TANZANIA: 2010 TRAFFICKING IN PERSONS REPORT

REF: STATE 2094

1. (U) This cable is in response to guidance in reftel.

TIP SITUATION IN TANZANIA
-------------------------
2. (SBU) Reliable sources of qualitative information for TIP
trends include the Government of Tanzania (GOT) Ministry of
Home Affairs, which is the lead agency on TIP issues; Ministry
of Foreign Affairs, which hosts the Interagency Working Group
on TIP; Ministry of Health and Social Welfare; Ministry of
Community Development, Gender, and Children; the Office of the
Director of Public Prosecution (DPP) in the Ministry of
Justice and Constitutional Affairs; international
organizations such as International Organization for Migration
(IOM) and International Labor Organization (ILO); and local
NGOs, including Kiota Women's Health and Development
Organization (KIWOHEDE), the Conservation, Hotels, Domestic,
and Allied Workers Union (CHODAWU), Child in the Sun, and Good
Hope Project.

3. (SBU) Since summer 2008, IOM has worked with its partner
NGOs to gather data on trafficking victims in an effort to
generate quantitative data. During the year, eight partner
NGOs provided IOM with descriptive information (e.g., sex,
age, gender, nationality) about each trafficking victim
assisted at their facilities. IOM stored this information
into a database called Database on Direct Assistance (DADA),
which provided the only reliable data on trafficking in
Tanzania. According to IOM's data, more than 70 percent of
victims of trafficking were female, many of whom were engaged
in domestic work. Victims, both male and female, ranged in
age from 12 to 17. The Office of the Director of Public
Prosecution is implementing a case management system
countrywide which will enable it to track TIP cases
systematically. DPP currently gathers data manually on
investigations and cases.

4. (SBU) Tanzania is a source, transit, and destination
country for men, women, and children trafficked for the
purposes of forced labor and sexual exploitation. Most
victims were trafficked internally from poor rural areas,
including from the regions of Kilimanjaro, Iringa, Singida,
Dodoma, Mbeya, Morogoro, and Bukoba, by family members or
friends of the family offering assistance with education and
income in urban areas, such as Dar es Salaam and Arusha.
Sexual exploitation was generally reported after young girls
were brought into homes for forced labor. There were no
reports of children trafficked specifically with the intent of
sexual exploitation; however, it is possible that young women
are trafficked directly into prostitution.

5. (SBU) Although the majority of trafficking continues to be
internal, IOM reports that regional trafficking is on the
rise. During the year, there were reports of individuals being
trafficked from Burundi, Rwanda, Kenya, and Uganda to
Tanzania. For example, the African Network for the Prevention
and Protection against Child Abuse and Neglect discovered 17
Tanzanian children working in Kenya and returned three to
Tanzania. In addition, a man trafficked two Kenyan children
to Tanzania to work in the mines in the Tarime region. Small
numbers of persons were also reportedly trafficked outside of
East Africa to South Africa, Saudi Arabia, the United Kingdom,
and possibly other European countries for domestic servitude
and sexual exploitation. Indian women who entered the country
legally to work as entertainers in restaurants and nightclubs
were at times exploited as prostitutes after arrival. Small
numbers of Somali and Chinese women were also trafficked into
the country and sexually exploited. In tourist areas, such as
Zanzibar and Arusha, some girls who were hired for hotel work,
both locally and from India, were later coerced into
prostitution. There were several 2008 reports of Malawian men

DAR ES SAL 00000136 002 OF 007


being trafficked to Rukwa for forced labor in the fishing
industry; it is believed that this remained a problem in 2009.

6. (SBU) Young girls, and to a lesser extent boys, from
impoverished areas of the country were most vulnerable to
trafficking. Lack of education, the impact of HIV/AIDS on
traditional family structures, and the high level of poverty
continued to make Tanzanian children vulnerable to
exploitation. Girls were generally trafficked for forced
domestic work and boys, as well as young men, were trafficked
to work on farms and occasionally in artisanal mines or the
informal business sector. In the Arusha region, women also
were said to be trafficked to work in the textile industry and
on coffee plantations. Living conditions for trafficked
victims were usually grim, with very basic amenities, long
working hours, inadequate food, little to no pay,
vulnerability to physical and sexual abuse, and no educational
opportunities.

7. (SBU) Trafficking methods varied. Victims were lured by
false promises of income, opportunity to attend school, and
better living conditions, especially by moving from rural to
urban areas. Some trafficking victims left their homes with
assistance from their families; some left on their own to
escape life in rural areas; and some were transported by
someone who offered to help them find city work, legitimate or
otherwise. There is evidence to suggest individuals acted as
brokers. For example, men are said to have recruited village
girls who had completed primary school but were not entering
secondary school. The men offered the girls money and
employment and promised the girls a better life if they
accompanied them to urban areas; however, many of these girls
ended up in forced domestic labor and some may have ended up
in prostitution. Similarly, a KIWOHEDE representative in
Arusha reported that women often played a central role in
trafficking children into child labor, generating income from
identifying the children and placing them. Another method of
trafficking involved low-income parents entrusting children to
wealthier relatives or respected members of the community to
care for the child as one of their own. Some took advantage
of this traditional practice and placed children in abusive or
exploitive situations. Victims of trafficking were usually
moved by bus or train. There was no information to suggest the
involvement of crime rings, illegal employment groups, travel
and tourism agencies or marriage brokers.

SETTING THE SCENE FOR THE GOVERNMENT'S ANTI TIP EFFORTS
--------------------------------------------- ----
9. (SBU) The GOT acknowledged the problem of trafficking in
persons and actively engaged on the issue. There is no
evidence of government involvement in or tolerance of
trafficking. While the Ministry of Home Affairs has the lead
on trafficking issues, a number of other Ministries are
actively involved in combating trafficking in persons. The
Ministry of Health and Social Welfare together with the
Ministry of Community Development, Gender and Children play a
key role in raising awareness about trafficking and providing
protection to victims through their networks of Social Welfare
Officers and Community Development Officers. The Department
of Social Welfare within the Ministry of Health and Social
Welfare has a TIP focal point, as does the Ministry of Home
Affairs, though the latter position has been vacant for some
months. The Ministry of Labor, Employment, and Youth
Development has the lead on child labor; because of the
significant overlap of these issues, Labor Officers play an
important role in combating trafficking. In 2006, the GOT
established an inter-agency committee to coordinate
trafficking efforts, which brought together representatives
from the Ministries of Health and Social Welfare, Home
Affairs, Ministry of Justice and Constitutional Affairs, and
Foreign Affairs, as well as representatives from NGOs,
international organizations, and foreign governments. This

DAR ES SAL 00000136 003 OF 007


committee facilitated the exchange of information on TIP
activities within Tanzania.

10. (SBU) The Ministries involved in anti-trafficking efforts
had no dedicated budgetary resources to combat trafficking in
persons. Enforcement efforts in Tanzania were hindered by the
lack of institutional capacity, lack of awareness, and poor
pay for civil servants. Human resource capacity, particularly
in the Department of Social Welfare within the Ministry of
Health and Social Welfare, was problematic. While all
districts had a Community Development Officer to assist
victims, only 40 percent of districts in Tanzania had a Social
Welfare Officer. Within the Department of Social Welfare, 70
percent of positions were unfilled. The Institute of Social
Welfare did not produce a sufficient number of trained persons
to fill this void. The Ministry of Labor had only 90 Labor
Officers to conduct inspections, raise awareness, and enforce
all labor laws. Furthermore, material resources, such as
vehicles, to support investigations, inspections, and provide
assistance to victims were lacking.

11. (SBU) During the year government officials and
international organizations turned over victims to the NGO
community for care, but the GOT did not systematically track
the number of trafficking victims who received assistance. The
GOT had limited capacity to gather the data required for an
in-depth assessment of law enforcement efforts to combat
trafficking. Although the Office of the Director of Public
Prosecution plans to implement a case management system,
neither the police nor judiciary had computerized systems for
tracking cases during the year. The 2007 Anti-Trafficking Law
provided for the establishment of a secretariat as well as a
committee for trafficking, which would coordinate and guide
all related efforts. The Act notes that the Minister of Home
Affairs can, on the advice of the committee mandate the
collection of and exchange of information on trafficking.
Neither the secretariat nor the committee had been formed
during the reporting period.

12. (SBU) The Committee of the UN Convention on the Rights of
the Child reported in August 2009 that only six out of every
100 Tanzanian children have birth certificates. Birth
registration is higher in Zanzibar. Although the Tanzanian
mainland does not have a national identity card, Zanzibar does
have an identity card. In an effort to increase birth
registration, in June 2006, the GOT established the
Registration, Insolvency, and Trusteeship Agency (RITA), which
issues birth certificates. The GOT is encouraging parents to
register their children by requiring a birth certificate to
enroll children in preschool.

Investigation and Prosecution of Traffickers
---------------------------------------
13. (SBU) Tanzania's Anti-Trafficking in Persons Act came into
effect February 2009. The law covers both internal and
transnational forms of trafficking. The Anti-Trafficking in
Persons Act repealed the provisions of the penal code related
to trafficking. The law is divided into eight parts, with
sections covering issues such as Prohibition of Trafficking in
Persons; Investigations and Judicial Proceedings; Rescue,
Rehabilitation, Protection and Assistance to Victims; the
establishment of an Anti-Trafficking Fund; and the
establishment of an Anti-Trafficking in Persons Committee.
Prevention, detection, detention, prosecution cnt!aruh-0QMu1JQ0;tQQ:7ISQ!Qsevere trafficking in persons
offence, such as involvement in child prostitution or child

DAR ES SAL 00000136 004 OF 007


pornography, upon conviction shall be liable to a fine of not
less than five million shillings (approximately USD 3,800) but
not more than hundred and fifty million shillings (USD
115,000) or to imprisonment for a term of not less than ten
years but not more than twenty years or both.

--A person acting as an intermediary for the purposes of
trafficking in persons upon conviction shall be liable to a
fine of not less than four million shillings (USD 3,000) but
not more than one hundred and fifty million shillings (USD
115,000) or to imprisonment for a term of not less than seven
years but not more than fifteen years or both.

--A person who buys or engages the services of trafficked
person for prostitution commits an offence and shall on
conviction be liable to a fine of not less than one million
shillings (USD 800) but not more than thirty million shillings
(USD 23,000) or to imprisonment for a term of not less than
twelve months but not more that seven years or both.

--Other penalties, which vary depending on the circumstances,
include payment of compensation to the victims and
confiscation and forfeiture of the property and instruments
derived from trafficking in persons.

The complete law can be viewed from the GOT website as a pdf
file at the following link:
http://www.parliament.go.tz/Polis/PAMS/Docs/6 -2008.pdf

15. (SBU) In November 2009, Parliament passed the Child Act,
which prohibits the employment of a child in any form of
exploitative labor. The Act defines exploitative labor as
that which threatens the health and development of children,
exceeds six hours per day, fails to provide adequate
compensation, or is inappropriate given the child's age. The
Act also prohibits forced child labor, the participation of
children in hazardous work, and the sexual exploitation of
children. Further, it specifies that these provisions relate
both to the formal and the informal sectors. The Act
authorizes Labor Officers to make inquiries into suspected
violations, requiring them to report violations to the police
as well as the Department of Social Welfare. The role of
Social Welfare Officers in protecting children is also
outlined in the Act. The Act does not specify fines for
violations related to exploitative labor, hazardous work, or
forced labor; however, persons who force children into
prostitution or to engage in pornography are subject to a fine
between one and five million shillings (between USD 750 and
3,750) and/or one to 20 years in prison. Further the Act
specifies that children who are victims of trafficking as
defined by the Anti-Trafficking Act are in need of care and
protection.

16. (SBU) The penalty for rape is thirty years to life in
prison and a fine of unspecified amount, as well as payment of
compensation to the victim as determined by the court.

17. (SBU) During the year, the GOT investigated cases of
trafficking; however, there were no prosecutions under the
Anti-Trafficking Act. The Director of Public Prosecution
reports that there were several cases under investigation,
including that of two Kenyan children trafficked to Tarime
District. On December 13, police in the Tarime District (near
Lake Victoria) arrested a man for abducting two children, ages
four and eight, from Isebania, Kenya and attempting to sell
them at a mining site in the Nyamongo area. In March 2009, a
Rwandan woman who had attempted to traffic a Tanzanian child
to France was convicted under the penal code by authorities in
Mlandizi and paid a fine of Tanzanian shillings 300, 000 (USD
220). Although the woman was sentenced after the Anti-
Trafficking Act came into effect, she was tried under the
penal code due to the timing of the offense and hearing. No

DAR ES SAL 00000136 005 OF 007


information is available regarding suspended sentences or plea
bargains.

18. (SBU) During the year, new law enforcement and immigration
officials were trained on trafficking in persons as part of
their introductory coursework. In addition, copies of the
Anti-Trafficking Act were provided to police officials around
the country.

19. (SBU) The GOT cooperated with other governments in the
investigation and prosecution of crimes. However, there were
no specific instances involving trafficking. The DPP was
aware of one trafficking case involving Tanzanians in the
United Kingdom, but Tanzania had not received a request for
assistance. There were no extradition cases related to
trafficking.

20. (SBU) The Tanzanian People's Defense Forces is rigorous in
its scrutiny of soldiers who commit any type of crime. There
were no known cases of trafficking involving Tanzanian
soldiers.

21. (SBU) The concept of sex tourism is new to Tanzania and it
is not perceived as a major problem. An NGO is currently
researching the issue to determine the nature and extent of
child sex tourism in Tanzania. Post will forward this report
when it becomes available.

Protection and Assistance to Victims
------------------------------------
22. (SBU) Community Development and Social Welfare Officers
actively worked to identify victims of trafficking. They
provided material support (e.g., food and books), counseling,
and assistance with family reunification or placement with an
NGO. It is difficult to place a monetary value on the GOT's
contribution, because help from the government was sporadic
and there was no national tracking mechanism for trafficked
victims. The relevant ministries have no dedicated budgets
for trafficking efforts. Although the new Anti-Trafficking
Act provides for the creation of a fund to support victims'
assistance, this fund had yet to be established.

23. (SBU) The government continued to rely on the NGO
community to provide both long- and short-term shelter and
care for victims of trafficking. Most facilities were geared
toward children and typically provided free education, medical
treatment, psychological care, and legal services. When
possible, NGOs tried to assist with family reunification.
Many NGOs also offered technical training to give victims a
skill as a preventative measure against repeated exploitation.
In some instances, the NGOs conducted home visits once a child
was reunited with the family.

24. (SBU) The primary groups working with victims of
trafficking were IOM; ILO; KIWOHEDE, a girls shelter with
facilities throughout the country; Child in the Sun, a boys
shelter in Dar es Salaam; Winrock, which worked in farming
communities in several regions of the country; and Good Hope
Project, a program focused in the tanzanite mining areas.
DogoDogo, a new organization, worked with street children,
while Faraja Vocational Training Center in Arusha provided
emergency and mid- to long-term assistance to female
trafficking victims. Sisters of the Immaculate Heart of Mary
offered medical services to young trafficking victims.
Mkombozi assisted victims in Arusha and Moshi and the
Daughters of Mary Immaculate worked with girls in Dar es
Salaam. All NGOs coordinated closely with the GOT and
international organizations.

25. (SBU) Foreign trafficking victims have access to NGO
facilities, but are usually treated by the government as
illegal immigrants and housed in prisons until arrangements

DAR ES SAL 00000136 006 OF 007


can be made for their deportation. The new anti-TIP law calls
for the GOT to assist trans-border trafficked victims with
care and repatriation, but there were no funds available for
such assistance. The law also provides for the provision of
assistance to Tanzanians who are victims of trafficking abroad
and are repatriated, but limited financial resources affected
the GOT's ability to provide such help.

26. (SBU) There was no institutionalized referral system for
trafficking victims. However, in 2009, IOM helped establish a
referral mechanism and trained authorities on its use during
the year. In addition, IOM printed calendars which provided a
definition of trafficking and a list of organizations and
ministries providing support to trafficking victims. This
resource was distributed to police and immigration officials
throughout the country as a reference.

27. (SBU) There is no comprehensive data detailing the number
of trafficking victims assisted in the reporting period.
During the year, IOM worked with eight NGOs to collect data on
trafficking victims. Between September 2005 and October 2009,
IOM and its NGO partners assisted 314 victims; during 2009, 96
victims were provided with counseling, medical screenings, and
educational opportunities at IOM partner organizations.

28. (SBU) Immigration and law enforcement officials as well as
Social Welfare Officers have in the past received TIP training
and have been provided copies of both the law and a protocol
for identifying and assisting victims. However, there is no
formal system in place for identifying and assisting victims.
Social Welfare and Community Development Officers actively
worked to identify trafficking victims. Both Community
Development Officers and Social Welfare Officers played an
important role in raising awareness about trafficking and
offering support to victims.

29. (SBU) The rights of victims are generally respected.
However, as previously noted, foreign victims are usually
treated by the government as illegal immigrants and housed in
prisons until arrangements can be made for their deportation.

30. (SBU) No information is available about the involvement of
victims in the investigation and prosecution of cases.

31. (SBU) During 2009, IOM trained authorities, including
police and Social Welfare Officers, as well as NGOs in Arusha
on victims' assistance and referral processes. In addition,
IOM held four on-the-job training sessions for Social Welfare
Officers to improve project planning, monitoring and
evaluation, leadership, and management skills. In December
2009, IOM signed an MOU with the Ministry of Health and Social
Welfare to build the capacity of the Department of Social
Welfare to assist victims of trafficking.

Prevention
----------
32. (SBU) Social Welfare and Community Development Officers
throughout the country worked to raise awareness about
trafficking during the year. In addition, IOM funded a
participatory theatre show called "Pambazuko" ("Awakening")
that spotlighted the issue of trafficking. From July to
October, more than 40,000 people attended the over one hundred
shows held in the eight regions and 25 districts with the
highest incidence of trafficking.

33. (SBU) In coordination with IOM, in 2006 the government
established a coordinating committee on trafficking in
persons, chaired by the Ministry of Foreign Affairs (see
paragraph 9). In December 2009, responsibility for this
committee was transferred to the Ministry of Health and Social
Welfare. Although the Anti-Trafficking Act called for a
national plan of action on trafficking in persons, the plan

DAR ES SAL 00000136 007 OF 007


had not been drafted.

34. (SBU) Commercial sex work is illegal in Tanzania. Other
than law enforcement efforts, the GOT is not implementing
programs to reduce commercial sex work. NGOs offer counseling
as well as alternative vocational training to commercial sex
workers. However, NGOs assisting commercial sex workers were
at times concerned about being accused of facilitating
prostitution.

35. (SBU) The concept of child sex tourism is new to Tanzania
and it is not well understood. An NGO is currently conducting
a study which will help define the problem. The results of
this study will likely inform the government's response.
During the year, any activities to assist victims or prevent
sex tourism fell under other initiatives such as child labor
or trafficking.

36. (SBU) The laws of Tanzania state that no child under 18
may crew on a ship or be employed in a mine, factory, or any
other worksite where working conditions may be hazardous, to
include military service. All soldiers are required to
complete a module on the respect of human rights and anti-
trafficking activities as a part of their basic curriculum.
Troops received additional human rights training, including
sessions on gender and womenQs rights, the protection of
civilians, and international humanitarian law, before their
deployment to international peacekeeping missions.

Partnerships
------------
37. (SBU) The GOT actively engages with other governments and
multilateral organizations on TIP issues. It includes donor
representatives and international organizations in its
coordinating committee and enjoys a very strong relationship
with IOM. Both IOM and UNICEF are working to strengthen the
capacity of the Department of Social Welfare, which will help
GOT improve its ability to provide assistance to trafficking
victims.

38. (SBU) The GOT does not provide assistance to other
countries to address TIP.

39. (U) Embassy personnel spent 28 hours in the preparation of
this cable, as follows: Political Assistant, 10 hours;
Political Officer, 15 hours; Political Chief, 2 hours; Deputy
Chief of Mission, 1 hour.

39. (U) The point of contact for Trafficking in Persons at
post is Stephanie Hutchison (email: hutchisonsj@state.gov;
tel: 255-22-2668001; fax: 255-22-2668296).

LENHARDT

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