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Cablegate: Mozambique Submission: Tenth Annual Trafficking In

VZCZCXRO9443
RR RUEHBZ RUEHDU RUEHJO RUEHMR RUEHRN
DE RUEHTO #0163/01 0530938
ZNR UUUUU ZZH
R 220938Z FEB 10
FM AMEMBASSY MAPUTO
TO RUEHC/SECSTATE WASHDC 1311
INFO RUCNSAD/SOUTHERN AFRICAN DEVELOPMENT COMMUNITY

UNCLAS SECTION 01 OF 03 MAPUTO 000163

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: KTIP ELAB KCRM KFRD KWMN PGOV PHUM PREF SMIG
PREL, MZ
SUBJECT: MOZAMBIQUE SUBMISSION: TENTH ANNUAL TRAFFICKING IN
PERSONS (TIP) REPORT

REF: STATE 2094

------------------------
OVERVIEW OF TIP SITUATION
-------------------------

1. (SBU) Mozambique is a source and possibly a destination
country for men, women, and children trafficked for the
purposes of forced labor and sexual exploitation. The use of
forced child laborers is a common practice in Mozambique's
urban and rural areas, often with the complicity of family
members. Women and girls are trafficked from rural to urban
areas of Mozambique, as well as to South Africa, often with
the promise of employment and/or education, for domestic
servitude and commercial sexual exploitation in brothels;
young men and boys are trafficked to South Africa mainly for
farm work and mining. The IOM and the Mozambican Police
(PRM) estimate that annually 1,000 Mozambicans are trafficked
to South Africa. While this is an estimate, for the first
time in 2009, the PRM kept statistics on victims of
trafficking.

2. (SBU) Trafficking of human organs to support the
traditional healing industry in South Africa and Mozambique
is relatively widespread and continues despite awareness
raised in a 2009 report issued by the League of Human Rights
(LDH). Domestic and cross-border trafficking routes are also
used to smuggle illicit drugs, with facilitators involved
simultaneously or alternately in trafficking and drug
smuggling. Traffickers are typically part of networks of
Mozambican and/or South African citizens; however,
involvement of larger Chinese and Nigerian syndicates of
human traffickers have been reported. Pakistani, Somali, as
well as Central and East African nationals were involved in
the smuggling of primarily Pakistani and Somali nationals
from several countries including Zambia, Malawi, Kenya, and
Tanzania, through Mozambique, to South Africa. These
smuggling cases included some trafficking. Zimbabwean and
Malawian women and girls continued to be trafficked to
Mozambique for sexual exploitation and domestic servitude.

3. (SBU) The Ministries of Interior, Women and Social
Action, and Justice are most prominently involved in
anti-trafficking efforts, although a general lack of
financial and human resources, as well as the absence of
implementing regulation for the 2008 Trafficking in Persons
Law, greatly limited their ability to address the problem.
The responsibility for drafting the implementing regulations
for the 2008 TIP law resides with the Ministry of Justice,
which may need some technical assistance if the implementing
regulations are to be completed in a timely fashion. Without
implementing regulations, the PRM is not comfortable
arresting suspected traffickers under the TIP law, making the
law of little value.

4. (SBU) The Government of Mozambique (GRM) complies with
the minimum standards for the elimination of trafficking,
having made some efforts to do so over the past year. While
the GRM did not prosecute and/or convict arrested
traffickers, it increased the PRM's ability to track and
assist victims of trafficking and continued to develop public
awareness.

------------------------------------------
SETTING THE SCENE FOR GRM ANTI-TIP EFFORTS
------------------------------------------

5. (SBU) In 2008, Mozambique successfully passed the
first-ever anti-TIP law in southern Africa, showing clear
awareness of TIP as a problem in the country; however,
implementing regulations have not yet been drafted. Media
coverage of TIP over the past year was less significant than
in the previous year. The Ministries of Interior, Justice,
and Women and Social Action are the lead ministries in the
GRM charged with combating sex and labor trafficking.
However, without implementing regulations for the 2008 TIP
law, it remains unclear which ministry has the lead on this
issue. Funding for victims assistance is rudimentary. For
example, UNICEF provided assistance to the police in order to
establish the first-ever police station specifically designed
to assist women and children, including victims of
trafficking, in Maputo. The police also trained officers on
how to take action on TIP cases; however, there were
insufficient resources to place a TIP-trained officer in
every police squadron in the country.

6. (SBU) Transparency International's 2009 Corruption
Perceptions Index ranks Mozambique in 130th position out of
180 countries, describing corruption as "rampant." Bribery,
though considered a criminal offense, is commonplace.

MAPUTO 00000163 002 OF 003


Traffickers commonly use bribery to traffic victims
domestically and across international borders into South
Africa and Swaziland, sometimes without passports.
Mozambican border officials frequently stamp passports
without the physical presence of the holder, and border
officials have been known to back-date entry and departure
stamps. The GRM took steps to modernize the national
identification and passport systems in Mozambique; however
media reports question the transparency of the contract
awarded by the Ministry of Interior. There were no arrests
or convictions to date under the 2008 TIP law; however the
GRM, in concert with local and international NGOs, took steps
to increase victim protection and TIP prevention. The GRM
did not provide a public assessment of its own anti-TIP
efforts.

-----------------------------
INVESTIGATION AND PROSECUTION
-----------------------------

7. (SBU) The 2008 TIP law provides for significant prison
sentences for those found guilty of recruiting, transporting,
sheltering, or otherwise assisting in trafficking in persons.
The law also outlines protection and prevention measures,
government support of trafficked persons, and whistleblower
protection. The GRM agreed to budget $360,000 in support of
enforcing the new law. Unfortunately, implementing
regulations for this law have yet to be published by the
Ministry of Justice. The lag time between the adoption of
legislation and implementing regulations can be quite lengthy.

8. (SBU) Mozambican law prohibits rape but was not
effectively enforced. Penalties ranged from two to eight
years imprisonment if the victim is 12 years of age or older,
and eight to 12 years imprisonment if the victim is under the
age of 12. In June 2009, the Mozambican Parliament passed a
law prohibiting domestic violence, which increased penalties
related to domestic violence against women. Previously
spousal abuse was considered assault, carrying lesser
penalties. Prostitution is not illegal, but is governed by
several laws against indecency and immoral behavior and
restricted to certain areas.

9. (SBU) The PRM reported breaking up several trafficking
schemes, arresting several drivers and facilitators,
including in at least one case, the trafficker sponsoring the
entire operation. For example, in January 2010, the police
arrested a Mozambican woman named Laureciana Clemente
Fernando aka "Mauncha" in Beira for allegedly running a
criminal ring involved in both the sale of hard drugs and
human trafficking for the purposes of domestic prostitution.
Fernando had at least one police officer on her payroll,
according to news reports. In the past year, media coverage
of trafficking cases decreased significantly compared to the
prior year.

10. (SBU) In April 2008, 29 year-old Mozambican and South
African dual-national Aldina "Diana" dos Santos was arrested
in South Africa and charged with trafficking over 30
Mozambican girls between the ages of 14 and 20 to South
Africa to staff her brothel in upscale Moreleta Park,
Pretoria, operational since 2005. In the course of the
trial, which continued at the writing of this report, the
court heard testimony about how Diana sexually exploited and
tortured Mozambican young women after having trafficked them
from Mozambique, many times without passports. The question
of sentencing in the Diana case is particularly cumbersome
given the absence of a TIP law in South Africa. The Ministry
of Interior cooperated closely with South African authorities
to develop evidence in this case.

11. (SBU) The Human Rights League (LDH) published a
comprehensive report in January 2009 substantiating claims of
regular mutilations occurring in Mozambique of body parts,
primarily genitalia, forcibly removed primarily from children
but also adults, either while the victims were still alive or
immediately following violent death. Media covered the
otherwise-taboo issue following the report, and the GRM
stated that it was aware of the problem. These forcible
removals cause either death or serious disability, and the
organs are trafficked primarily to South Africa, but also in
Mozambique to support the traditional healing industry. GRM
officials and members of civil society were generally
unwilling to discuss this issue due to the stigmas associated
with trafficking in human parts as well as fear of the
organized crime rings associated with these acts, and media
coverage of the report was minimal.

12. (SBU) Anti-trafficking seminars for new police officers
begun in 2006 continued country-wide. The training was

MAPUTO 00000163 003 OF 003


supported by several NGOs. There is no evidence of widespread
government involvement in or tolerance of trafficking;
however there are known cases of GRM officials facilitating
both TIP and human organ trafficking. No GRM officials have
been prosecuted for complicity in TIP. There were no cases
of government involvement in extradition of persons charged
with trafficking in other countries. International child sex
tourism has not been identified by the government as an area
of concern.

-------------------------
PROTECTION AND ASSISTANCE
-------------------------

13. (SBU) Mozambican civil society has, over the past year,
continued to expand awareness of trafficking issues,
publicizing the issue of trafficking and partnering with the
GRM to develop a viable anti-trafficking strategy in the
run-up to the 2010 World Cup, however the GRM itself has
taken few steps to limit TIP in advance of the 2010 World
Cup. While no GRM statistics on trafficking existed until
recently, victims of trafficking were reportedly taken to
"training centers" in Swaziland and South Africa in
preparation for the increased demand for prostitution during
the 2010 World Cup, according to civil society members. The
GRM's efforts to protect victims of trafficking continued to
suffer from a lack of resources; government officials
regularly relied on NGOs to provide shelter, food,
counseling, and rehabilitation for victims of trafficking. A
dedicated toll-free number, 116, became fully operational in
November 2009 allowing persons to report crimes against
children, including trafficking. Line 116 received 5,239
calls from November through December 2009. An international
NGO manages the country's only permanent shelter for child
trafficking victims, which operates on land donated by the
Moamba District government.

----------
PREVENTION
----------

14. (SBU) The GRM's prevention efforts remained limited.
Most anti-trafficking educational workshops were run by NGOs
with government participation. Some of these conferences and
workshops proved very successful, particularly in raising
public awareness of the issue. Media coverage of TIP cases
significantly diminished over the past year. NGOs continued
prominent campaigns against TIP, to include billboards,
posters, and pamphlets displayed at international borders, in
police stations, and along major transit routes. Law
enforcement officials at major border crossings communicated
and cooperated with NGOs monitoring immigration patterns to
screen for potential trafficking victims, but these officials
remained prone to bribery by traffickers.

---------------------------
TIP COMMENDABLE INITIATIVES
---------------------------

15. (SBU) The Mozambican League of Human Rights (LDH)
should be commended for its ongoing attempt to raise
awareness about trafficking of human body parts for
non-medical or traditional medicinal purposes, a TIP issue
that has yet to be defined by international convention.
Following the January 2009 report which raised awareness of
the problem, the organization continued to engage both the
GRM and the public on this issue. In the GRM, Director of
the Interior Ministry's Department of Women and Children
Lurdes Mabunda has been especially helpful in protecting
vicitms of TIP.

------------
POST CONTACT
------------

16. (U) Embassy point of contact on TIP is Etienne LeBailly,
Political officer. Tel: 258 21 492 797 ext. 3423; fax: 258 21
490 448; cellular phone 258 84 310 7270. Principal FSO
drafter (FS-3) and LES political assistant spent 80 hours
researching and drafting this cable. The DCM (FE-OC) spent
one hour, other P/E officers spent two hours, including the
editing/clearing process. Total hours: 83.

ROWE

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