Human trafficking in Kenya

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Kenya ratified the 2000 UN TIP Protocol in January 2005. [1]

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In 2008 the Government of Kenya did not fully comply with the minimum standards for the elimination of human trafficking. In 2008 it was reported that Kenya's anti-trafficking efforts improved markedly over the reporting period, particularly through greater investigations of suspected trafficking cases. [2]

In 2010, Kenya passed the Counter-trafficking in persons act which criminalizes human trafficking. [3] However, the act has been poorly implemented and has had little impact on curbing human trafficking. [4]

The U.S. State Department's Office to Monitor and Combat Trafficking in Persons placed the country in "Tier 2" in 2017. [5] Their efforts remain uncoordinated and lack strong oversight, creating an environment conducive to trafficking. The country remained at Tier 2 in 2023. [6]

In 2023, the Organised Crime Index noted that the country was part of a well-used trafficking route from the Horn of Africa to the Arabian Peninsula; it also noted the lack of support and shelter for victims. [7]

Prosecution (2008)

The government failed to punish acts of trafficking during the reporting period, but demonstrated significantly increased law enforcement activity throughout the reporting period. Kenya does not prohibit all forms of trafficking, though it criminalises the trafficking of children and adults for sexual exploitation through its Sexual Offenses Act, enacted in July 2006, which prescribes penalties that are sufficiently stringent and commensurate with those for rape; however, the law is not yet widely used by prosecutors. The Employment Act of 2007 outlaws forced labour and contains additional statutes relevant to labour trafficking. In September 2007, relevant government agencies provided comments on a draft comprehensive human trafficking bill to the Attorney General's office, which continues to work with NGOs to further refine the bill. Police opened investigations into a number of significant cases during the reporting period, including the suspected trafficking of children by two school teachers in Kirinyaga District. In October 2007, police in Malindi arrested an Italian national on suspicion of human trafficking, facilitating child prostitution, and drug trafficking. Upon the conclusion of a separate police investigation, two women were charged with child defilement and child prostitution after luring a 14-year-old girl to their home and forcing her into prostitution. Two children trafficked to Tanzania for forced labour were rescued by Kenyan officials and placed in a children's home; the investigation is ongoing as police believe the perpetrators are harbouring an additional 40 children and six adults in forced labour. Six people in Bomet District and Nandi District of Rift Valley Province were charged with the sale and trafficking of children. The Police Commissioner worked with Interpol to investigate the suspected trafficking of a Kenyan girl to the Netherlands and four children to Ireland. The Ministry of Home Affairs began, for the first time, collecting information on trafficking cases from the police, media, foreign governments, and UNODC. Corruption among law enforcement authorities and other public officials hampered efforts to bring traffickers to justice. Some anti-trafficking activists made credible claims that, in certain areas, police officials were complicit in trafficking activities. [2]

Protection (2008)

The government made efforts during the reporting period to improve protective services provided to trafficking victims. Kenyan officials removed 14 children from situations of trafficking in Nandi and placed them in a children's home. The government referred two additional trafficking victims to IOM for assistance during the reporting period, and ensured the well-being of a number of other victims. City Council Social Services Departments in Nairobi, Mombasa, and Kisumu operated shelters to rehabilitate street children vulnerable to forced labour and commercial sexual exploitation; the government provided services to children exploited in the commercial sex industry at these facilities. In partnership with an NGO, the Ministry of Home Affairs provided and refurbished a building to house a toll-free hotline that enables children and adults to report cases of child trafficking, labour, and abuse. Staff members were hired and trained to serve as counselors and refer callers to government and NGO service providers. In June 2007, the Department of Home Affairs' Children's Services Unit hired an additional 180 Chief Children's Officers; during the reporting period, several children's officers posted throughout the country were involved in trafficking investigations and provided counselling and follow-up to child trafficking victims. Fifteen newly appointed Kenyan ambassadors received a first-ever briefing on human trafficking at Kenya's Foreign Service Institute; preparations are underway for a comprehensive briefing from the Ministries of Labor and Home Affairs and IOM for mid-grade and junior officers on their responsibilities in assisting Kenyan victims abroad. The government encourages victims' assistance in the investigation and prosecution of trafficking crimes, and ensures that they are not inappropriately incarcerated or otherwise penalised for unlawful acts committed as a direct result of being trafficked. The government does not, however, provide legal alternatives to the removal of victims to countries where they would face hardship or retribution. [2]

Prevention (2008)

The Government of Kenya made significant progress in publicly highlighting the dangers of human trafficking and taking steps to combat it during the reporting period. On numerous occasions, senior government officials, including the vice-president, spoke publicly about trafficking and attended many awareness-raising events, including the Day of the African Child in June. The Kenyan media, especially the government-owned Kenya Broadcasting Corporation, regularly reported cases of suspected human trafficking. In July 2007, the government established the National Steering Committee to Combat Human Trafficking under the leadership of the Ministry of Home Affairs. Its Sub-Committee appointed to draft a national action plan received two days of training from IOM, after which it convened three drafting sessions and presented an initial outline of the plan in October. Officers from the Ministries of Youth and Labor received anti-trafficking training at IOM workshops in November and December 2007. In July 2007, the Malindi District Commission established and chaired a district-level committee on child sex tourism. In June 2007, a German national was arrested and charged with sexually exploiting two trafficked children from Nyanza at Likoni Children's Home. There were no reports of the Kenyan government's efforts to provide anti-trafficking training for its troops before deployment on international peacekeeping missions. [2] Non-governmental organizations such as Awareness Against Human Trafficking (HAART) are working on ending human trafficking in Kenya.

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Senegal ratified the 2000 UN TIP Protocol in October 2003.

In 2008, Sierra Leone was a source, transit, and destination country for children and women trafficked for the purposes of forced labor and commercial sexual exploitation. Trafficking within the country is more prevalent than transnational trafficking and the majority of victims were children. Within the country, women and children were trafficked from rural provinces to towns and mining areas for domestic servitude, sexual exploitation, and forced labor in diamond mines, petty trading, petty crime, and for forced begging. Women and children may also have been trafficked for forced labor in agriculture and the fishing industry. Transnationally, Sierra Leonean women and children were trafficked to other West African countries, notably Guinea, Côte d'Ivoire, Liberia, Nigeria, Guinea-Bissau, and The Gambia for the same purposes listed above and to North Africa, the Middle East, and Western Europe for domestic servitude and sexual exploitation. Sierra Leone was a destination country for children trafficked from Nigeria and possibly from Liberia and Guinea for forced begging, forced labor in mines and as porters, and for sexual exploitation. There were also cases of children trafficked from refugee communities in Sierra Leone.

In 2008, Syria was a destination and transit country for women and children trafficked for commercial sexual exploitation and forced labor. A significant number of women and children in the large and expanding Iraqi refugee community in Syria were reportedly forced into commercial sexual exploitation by Iraqi gangs or, in some cases, their families. Similarly, women from Somalia and Eastern Europe were trafficked into commercial sexual exploitation. Foreign women recruited for work in Syria as cabaret dancers were not permitted to leave their work premises without permission, and they had their passports withheld - indicators of involuntary servitude. Some of these women may also have been forced into prostitution. Anecdotal evidence suggests that Syria may have been a destination for sex tourism from other countries in the region. In addition, women from Indonesia, the Philippines, Ethiopia, and Sierra Leone were recruited for work in Syria as domestic servants, but some face conditions of involuntary servitude, including long hours, non-payment of wages, withholding of passports, restrictions on movement, threats, and physical or sexual abuse. Syria may also have been a transit point for Iraqi women and girls trafficked to Kuwait, the United Arab Emirates (U.A.E.), and Lebanon for forced prostitution. The Government of Syria did not fully comply with the minimum standards for the elimination of trafficking and did not making significant efforts to do so. Syria again failed to report any law enforcement efforts to punish trafficking offenses over the last year. In addition, the government did not offer protection services to victims of trafficking and may have arrested, prosecuted, or deported some victims for prostitution or immigration violations.

Tanzania is a source, transit, and destination country for men, women, and children trafficked for the purposes of forced labor and sexual exploitation. Boys are trafficked within the country for forced labor on farms, in mines, and in the informal business sector. Tanzanian girls from rural areas are trafficked to urban centers and the island of Zanzibar for domestic servitude and commercial sexual exploitation; some domestic workers fleeing abusive employers fall prey to forced prostitution. In some regions, unregistered employment agencies are involved in recruiting minors from rural areas to work as domestic helpers in the capital, where they are subject to exploitation. Tanzanian children and adults are reportedly trafficked to other countries including Mozambique, Uganda, Kenya, South Africa, Ethiopia, Yemen, Oman, the United Arab Emirates, Saudi Arabia, Pakistan, the United Kingdom, the United States, France, Italy and China. Trafficked children from Burundi and Kenya, as well as adults from Bangladesh, India, Nepal and Yemen, are trafficked for forced labor in Tanzania's mining, agricultural and domestic service sectors, and are sometimes also subjected to sex trafficking. The Government of Tanzania does not fully comply with the minimum standards for the elimination of trafficking; however, it is making significant efforts to do so.

Uganda is a source and destination country for men, women, and children trafficked for the purposes of forced labor and sexual exploitation. Ugandan children are trafficked within the country, as well as to Canada, Egypt, the United Arab Emirates, and Saudi Arabia for forced labor and commercial sexual exploitation. Karamojong women and children are sold in cattle markets or by intermediaries and forced into situations of domestic servitude, sexual exploitation, herding, and begging. Security companies in Kampala recruit Ugandans to serve as security guards in Iraq where, at times, their travel documents and pay have reportedly been withheld as a means to prevent their departure. These cases may constitute trafficking.

Uruguay is a source and transit country for men, women, and children trafficked for purposes of commercial sexual exploitation and forced labor. Most victims are women, girls, and some boys trafficked within the country to border and tourist areas for sexual exploitation. A government agency has found that families had facilitated the exploitation of many children in prostitution. Impoverished parents reportedly turn over their children for domestic and agricultural servitude in rural areas. Some Uruguayan women have been trafficked to Spain and Italy for sexual exploitation. U.S. State Department's Office to Monitor and Combat Trafficking in Persons placed the country in "Tier 2" in 2017.

Uzbekistan is a source country for women and girls who are trafficked to the United Arab Emirates (U.A.E.), Kazakhstan, Russia, Thailand, Turkey, India, Indonesia, Israel, Malaysia, South Korea, Japan and Costa Rica for the purpose of commercial sexual exploitation. Men are trafficked to Kazakhstan and Russia for purposes of forced labor in the construction, cotton and tobacco industries. Men and women are also trafficked internally for the purposes of domestic servitude, forced labor in the agricultural and construction industries, and for commercial sexual exploitation. Many school-age children are forced to work in the cotton harvest each year.

In 2008 Vietnam was primarily a source country for women and children trafficked for commercial sexual exploitation and forced labor. Women and children were trafficked to the People’s Republic of China (P.R.C), Cambodia, Thailand, the Republic of Korea, Malaysia, Taiwan, and Macau for sexual exploitation. Vietnamese women were trafficked to the P.R.C., Taiwan, and the Republic of Korea via fraudulent or misrepresented marriages for commercial exploitation or forced labor. Vietnam was also a source country for men and women who migrate willingly and legally for work in the construction, fishing, or manufacturing sectors in Malaysia, Taiwan, P.R.C., Thailand, and the Middle East but subsequently face conditions of forced labor or debt bondage. Vietnam was a destination country for Cambodian children trafficked to urban centers for forced labor or commercial sexual exploitation. The country had an internal trafficking problem with women and children from rural areas trafficked to urban centers for commercial sexual exploitation and forced labor. Vietnam was increasingly a destination for child sex tourism, with perpetrators from Japan, the Republic of Korea, the P.R.C., Taiwan, the UK, Australia, Europe, and the U.S. In 2007, an Australian non-governmental organization (NGO) uncovered 80 cases of commercial sexual exploitation of children by foreign tourists in the Sa Pa tourist area of Vietnam alone.

In 2008 Zambia was a source, transit, and destination country for women and children trafficked for the purposes of forced labor and sexual exploitation. Child prostitution existed in Zambia's urban centers, often encouraged or facilitated by relatives or acquaintances of the victim. Many Zambian child laborers, particularly those in the agriculture, domestic service, and fishing sectors, were also victims of human trafficking. Zambian women, lured by false employment or marriage offers, were trafficked to South Africa via Zimbabwe for sexual exploitation, and to Europe via Malawi. Zambia was a transit point for regional trafficking of women and children, particularly from Angola to Namibia for agricultural labor and from the Democratic Republic of the Congo to South Africa. Malawian and Mozambican adults and children were occasionally trafficked to Zambia for forced agricultural labor.

In 2019 Zimbabwe was a source, transit, and destination country for men, women, and children trafficked for the purposes of forced labor and sexual exploitation. Large scale migration of Zimbabweans to surrounding countries - as they fled a progressively more desperate situation at home - increased, and NGOs, international organizations, and governments in neighboring countries reported an upsurge in these Zimbabweans facing conditions of exploitation, including human trafficking. Rural Zimbabwean men, women, and children were trafficked internally to farms for agricultural labor and domestic servitude and to cities for domestic labor and commercial sexual exploitation. Women and children were trafficked for domestic labor and sexual exploitation, including in brothels, along both sides of the borders with Botswana, Mozambique, South Africa, and Zambia. Young men and boys were trafficked to South Africa for farm work, often laboring for months in South Africa without pay before "employers" have them arrested and deported as illegal immigrants. Young women and girls were lured to South Africa, the People's Republic of China, Egypt, the United Kingdom, the United States, and Canada with false employment offers that result in involuntary domestic servitude or commercial sexual exploitation. Men, women, and children from the Democratic Republic of the Congo, Malawi, Mozambique, and Zambia were trafficked through Zimbabwe en route to South Africa. Small numbers of South African girls were trafficked to Zimbabwe for domestic servitude. The government’s efforts to address trafficking at home have increased with the introduction of the National Action Plan (NAP) as well as the 2014 Trafficking in Persons Act. In addition, the trafficking situation in the country is worsening as more of the population is made vulnerable by declining socio-economic conditions.

Jamaica is a source, transit, and destination country for adults and children trafficked for the purposes of sexual exploitation and forced labor.

Afghanistan is one of the source, transit, and destination country for men, women, and children who are subjected to trafficking in persons, specifically forced labor and forced prostitution. Trafficking within Afghanistan is more prevalent than transnational trafficking, and the majority of victims are children. In 2005 the Afghan Independent Human Rights Commission (AIHRC) reported 150 child trafficking cases to other states. Afghan boys and girls are trafficked within the country and into Iran, Pakistan and India as well as Persian gulf Arab states, where they live as slaves and are forced to prostitution and forced labor in brick kilns, carpet-making factories, and domestic service. In some cases the boys and girls were used for organ trafficking. Forced begging is a growing problem in Afghanistan; Mafia groups organize professional begging rings. Afghan boys are subjected to forced prostitution and forced labor in the drug smuggling industry in Pakistan and Iran. Afghan women and girls are subjected to forced prostitution, arranged and forced marriages—including those in which husbands force their wives into prostitution—and involuntary domestic servitude in Pakistan and Iran, and possibly India. Non-governmental organizations (NGOs) report that over the past year, increasing numbers of boys were trafficked internally. Some families knowingly sell their children for forced prostitution, including for bacha bazi - a practice combining sexual slavery and child prostitution, through which wealthy men use harems of young boys for social and sexual entertainment. Other families send their children with brokers to gain employment. Many of these children end up in forced labor, particularly in Pakistani carpet factories. NGOs indicate that families sometimes make cost-benefit analyses regarding how much debt they can incur based on their tradable family members.

Angola is a source and destination country for men, women, and children subjected to trafficking in persons, specifically conditions of forced prostitution and forced labor. Internally, trafficking victims are forced to labor in agriculture, construction, domestic servitude, and reportedly in artisanal diamond mines. Angolan women and children more often become victims of internal rather than transnational sex trafficking. Women and children are trafficked to South Africa, the Democratic Republic of the Congo (DRC), Namibia, and European nations, primarily Portugal. Traffickers take boys to Namibia for forced labor in cattle herding. Children are also forced to act as couriers in illegal cross-border trade between Namibia and Angola as part of a scheme to skirt import fees. Illegal migrants from the DRC voluntarily enter Angola's diamond-mining districts, where some are later reportedly subjected to forced labor or prostitution in the mining camps.

Bangladesh is a source and transit country for men, women, and children subjected to trafficking in persons, specifically forced labor and forced prostitution. A significant share of Bangladesh's trafficking victims are men recruited for work overseas with fraudulent employment offers who are subsequently exploited under conditions of forced labor or debt bondage. It also includes the trafficking of children – both boys and girls – within Bangladesh for commercial sexual exploitation, bonded labor, and forced labor. Some children are sold into bondage by their parents, while others are induced into labor or commercial sexual exploitation through fraud and physical coercion. Women and children from Bangladesh are also trafficked.

Belgium is a source, destination, and transit country for men, women, and children subjected to trafficking in persons, specifically forced labor and forced prostitution. Victims originate in Eastern Europe, Africa, East Asia, as well as Brazil and India. Some victims are smuggled through Belgium to other European countries, where they are subjected to forced labor and forced prostitution. Male victims are subjected to forced labor and exploitation in restaurants, bars, sweatshops, horticulture sites, fruit farms, construction sites, and retail shops. There were reportedly seven Belgian women subjected to forced prostitution in Luxembourg in 2009. According to a 2009 ECPAT Report, the majority of girls and children subjected to forced prostitution in Belgium originate from Balkan and CIS countries, Eastern Europe, Asia and West Africa ; some young foreign boys are exploited in prostitution in major cities in the country. Local observers also report that a large portion of children trafficked in Belgium are unaccompanied, vulnerable asylum seekers and refugees. Criminal organizations from Thailand use Thai massage parlors in Belgium, which are run by Belgian managers, to sexually exploit young Thai women. These networks are involved in human smuggling and trafficking to exploit victims economically and sexually. Belgium is not only a destination country, but also a transit country for children to be transported to other European country destinations.

In 2009 Namibia was a country of origin, transit, and destination for foreign and Namibian women and children, and possibly for men subjected to trafficking in persons, specifically conditions of forced labor and forced prostitution. Traffickers exploited Namibian children, as well as children from Angola and Zambia, through forced labor in agriculture, cattle herding, involuntary domestic servitude, charcoal production, and commercial sexual exploitation. In some cases, Namibian parents unwittingly sold their children to traffickers. Reports indicate that vulnerable Namibian children were recruited for forced prostitution in Angola and South Africa, typically by truck drivers. There was also some evidence that traffickers move Namibian women to South Africa and South African women to Namibia to be exploited in forced prostitution. Namibian women and children, including orphans, from rural areas were the most vulnerable to trafficking. Victims were lured by traffickers to urban centers and commercial farms with promises of legitimate work for good wages they may never receive. Some adults subjected children to whom they are distantly related to forced labor or commercial sexual exploitation. Small business owners and farmers may also participated in trafficking crimes against women or children. Victims were forced to work long hours to carry out hazardous tasks, and may have been beaten or raped by traffickers or third parties.

In 2009 Mauritius was not a major source for children subjected to trafficking in persons, specifically conditions of forced prostitution within the country. Secondary school-age girls and, to a lesser extent, younger girls from all areas of the country, including from Rodrigues Island, were induced into prostitution, often by their peers, family members, or businessmen offering other forms of employment. Taxi drivers were known to provide transportation and introductions for both the girls and the clients. Girls and boys whose mothers engaged in prostitution were reportedly forced into prostitution at a young age. Some drug-addicted women were forced into prostitution by their boyfriends, who serve as their pimps. In Great Britain, two Malagasy nationals were convicted in 2009 of holding a small number of Mauritian nationals, as well as citizens of other countries, in conditions of forced labor; this appeared to be an isolated case of transnational human trafficking involving Mauritian citizens. Students from all over the world were forced into prostitution within the country.

Burundi is a source country for children and possibly women subjected to trafficking in persons, specifically conditions of involuntary domestic servitude and forced prostitution. Children and young adults may also be coerced into forced labor on plantations or small farms in southern Burundi, or to conduct informal commerce in the streets. Child labor is very common in agricultural fields where major exports, like tea and coffee, are harvested. Forced labour of children and adults is also very common in mines due to a large market for valuable stones and ores. Many trafficking victims can be found in mines in the northern area of Burundi, especially around Cibitoke. Some traffickers may be family or acquaintances of victims who, under the pretext of assisting underprivileged children with education or with false promises of lucrative jobs, subject them to forced labor, most commonly as domestic servants. While there is little evidence of large-scale child prostitution, “benevolent” older females offer vulnerable younger girls room and board within their homes, and in some cases eventually push them into prostitution to pay for living expenses; extended family members also financially profit from the commercial sexual exploitation of young relatives residing with them. It is most common for the trafficking of victims to remain internal within the country or to extend only to the surrounding countries. Male tourists from Oman and the United Arab Emirates exploit Burundian girls in prostitution. Businessmen recruit Burundian girls for commercial sexual exploitation in Rwanda, Kenya, and Uganda, and recruit boys and girls for exploitation in various types of forced labor in Tanzania. Unlike in past years, there were no reports of forced or voluntary recruitment of children into government armed forces or rebel groups during the reporting period. If the trafficking of Burundians does extend externally, it is most common for them to be sent to locations in the Middle East and Western Europe.

In 2010, Human trafficking in the Ivory Coast referred to the practice of forced labour and commercial sexual exploitation which used Côte d'Ivoire a source, transit, and destination country for women and children who were trafficked for these purposes. Trafficking within the country's borders was more prevalent, with victims primarily trafficked from the north of the country to the more economically prosperous south. Boys from Ghana, Mali, and Burkina Faso were subjected to forced labour in the agricultural sector, including on cocoa, coffee, pineapple, and rubber plantations; boys from Ghana were forced to labour in the mining sector; boys from Togo were forced to work in construction; and boys from Benin were forced to work in carpentry and construction. Girls recruited from Ghana, Togo, and Benin to work as domestic servants and street vendors often were subjected to conditions of forced labour. Women and girls were also recruited from Ghana and Nigeria to work as waitresses in restaurants and bars and were subsequently subjected to forced prostitution. Trafficked children often faced harsh treatment and extreme working conditions.

Djibouti is a transit and, to a lesser extent, a source and destination country for men, women, and children who are subjected to trafficking in people, specifically conditions of forced labor and forced prostitution. There is little verifiable data on the human trafficking situation in Djibouti. An estimated 150 000 voluntary economic migrants from Ethiopia and Somalia passed illegally through Djibouti en route to Yemen and other locations in the Middle East in 2022; among this group, a small number of women and girls may fall victim to involuntary domestic servitude or forced commercial sexual exploitation after reaching Djibouti City or the Ethiopia-Djibouti trucking corridor. An unknown number of migrants – men, women, and children – are subjected to conditions of forced labor and forced prostitution after reaching Yemen and other destinations in the Middle East. Djibouti's large refugee population – consisting of Somalis, Ethiopians, and Eritreans – as well as foreign street children remain vulnerable to various forms of exploitation within the country, including human trafficking. Older street children reportedly act, at times, as pimps for younger children. A small number of girls from impoverished Djiboutian families may engage in prostitution with the encouragement of family members or other people in prostitution. Members of foreign militaries stationed in Djibouti contribute to the demand for women and girls in prostitution, including trafficking victims.

References

  1. United Nations Treaty Collection website, Chapter XVIII Penal Matters section, Section 12a, retrieved August 19, 2024
  2. 1 2 3 4 "Kenya". Trafficking in Persons Report 2008. U.S. Department of State (4 June 2008). This article incorporates text from this source, which is in the public domain.
  3. "Counter-Trafficking in Persons Act" (PDF). Kenyalaw.org. Retrieved 21 March 2019.
  4. Regional Mixed Migration Secretariat "Archived copy" (PDF). Archived from the original (PDF) on 24 September 2014. Retrieved 18 September 2014.{{cite web}}: CS1 maint: archived copy as title (link)
  5. "Trafficking in Persons Report 2017: Tier Placements". State.gov. Archived from the original on 28 June 2017. Retrieved 1 December 2017.
  6. US Government website, Trafficking in Persons Report 2023
  7. Organised Crime Index website, Kenya, retrieved August 19, 2024