Human trafficking in the Republic of the Congo

Last updated

In 2009, the The Republic of the Congo (ROC) was a destination and transit country for children subjected to trafficking in persons for the purposes of forced labor and forced prostitution. Most sources agreed that up to 80 percent of all trafficked children originated from Benin, with girls comprising 90 percent of that group. [1] Togo, Mali, Guinea, Cameroon, Democratic Republic of the Congo, and Senegal were also sources of victims found in the Congolese Republic. Internally trafficked children represented 10 percent of all child victims, the majority of which originated from the Pool region. Many child victims were subjected to forced labor, including in domestic work, market vending and fishing; girls were also exploited in the sex trade. Child victims generally experienced harsh treatment, long work hours, and almost no access to education or health services; they received little or no remuneration for their work. Other village children, however, lived voluntarily with extended relatives in cities, attend school, and did housework in exchange for food, in a traditional cultural and familial pattern that id not entail abuse. [1]

Contents

In 2009 the Government of the Republic of the Congo did not fully comply with the minimum standards for the elimination of trafficking; however, it made significant efforts to do so, despite limited resources. The Senate passed the Child Protection Code in August 2009, which prescribes penalties for trafficking offenders; this law is pending Presidential signature. The government also developed and began implementation of a national anti-trafficking action plan, and the Ministry of Labor investigated nine new cases of child trafficking in 2009. However, eight prosecutions based on child trafficking charges filed one or two years ago remained pending and did not come to conclusion or result in convictions. The government did not identify trafficking victims in 2009. Most of the government’s anti-trafficking activities remain dependent on international donor funding. [1]

The U.S. State Department's Office to Monitor and Combat Trafficking in Persons placed the country in "Tier 3" in 2017. [2] The country was on the Tier 2 Watch List in 2023. [3]

Prosecution (2009)

The Government of the ROC demonstrated minimal law enforcement efforts to combat trafficking during the reporting period. The government neither prosecuted trafficking offenses nor convicted trafficking offenders in 2009. The Child Protection Law, which prohibits and prescribes punishment for child trafficking, was passed by the Senate in August 2009, but is still pending Presidential signature. Chapter 2 Article 60 of this law prohibits the trafficking, sale, trading, and exploitation of children, and Article 115 prescribes penalties of hard labor and a fine of between approximately $1,978 and $19,790. Pimping of children is punishable under Penal Code Article 344, but its weak prescribed penalty of up to two years’ imprisonment and a fine is neither sufficiently stringent nor commensurate with penalties prescribed by Congolese law for other serious crimes, such as rape. The trafficking of adults is not covered under Congolese law. The Ministry of Labor investigated, but did not prosecute, nine new cases of child trafficking in 2009. Eight prosecutions based on child trafficking charges filed one or two years ago remained pending, and none resulted in a conviction. The Ministry of Social Affairs sustained partnerships with local NGOs and UNICEF to provide training to 40 of the ministry’s investigators on recognizing victims of trafficking and to support judicial clinics. In addition, the government partnered with UNICEF to provide training to an unknown number of police officers during the year to recognize cases of trafficking. The government showed no evidence of involvement in or tolerance of trafficking on any level. [1]

Protection (2009)

The ROC government provided minimal protection services to trafficking victims, and did not identify any victims during the reporting period. Investigators employed by the Ministry of Social Affairs reportedly utilized a formal identification and registration process to assist victims of trafficking. The government did not ensure that victims were provided access to care facilities, except through funding of the shelter, Espace Jarot, which provided care for a small number of at-risk children, including trafficking victims; in practice, few victims had access to care facilities. In partnership with representatives of the consulates of Benin, Togo, and the Democratic Republic of the Congo, police and other law enforcement officials formed a working group to identify trafficking patterns and to facilitate the return of trafficked children to their home countries, but have not yet utilized the group to repatriate any child victims. Foreign victims had the same access to the center as Congolese nationals, though there was no access to legal, medical, or psychological services. Some legal services were available to trafficking victims through six child judicial clinics hosted by staff from the Ministries of Social Affairs, Justice, and Health; trafficking victims may file administrative claims against their alleged traffickers at these clinics. Though there is at least one clinic located in each region run by government civil servants and lawyers, they are neither open on a regular basis nor operate with regular business hours; it is unknown whether these clinics provided legal services to child trafficking victims during the year. The government offers foreign trafficking victims temporary residency status as an alternative to immediate repatriation, but is not known to have used these provisions in 2009. Trafficking victims were not usually jailed or otherwise penalized for unlawful acts committed as a direct result of being trafficked. Some victims, however, were detained, arrested, or held in protective custody, and did not benefit from any formal referral process to institutions offering short or long-term care. The government encouraged victims to assist in the investigation and prosecution of their traffickers, but many elected not to participate in these law enforcement actions due to fear of possible retribution from traffickers or because they did not consider their offenders as guilty. The government did not provide services for repatriated Congolese victims of trafficking. [1]

Prevention (2009)

The government maintained its efforts begun in 2008 to raise awareness and build support for combating human trafficking in the Brazzaville and Pointe Noire areas. In 2009, the Ministry of Health (MOH), in partnership with UNICEF, launched an anti-trafficking public awareness campaign in Pointe Noire involving not only government officials, but also security and diplomatic staff from the consulates of neighboring countries and leaders from local Muslim and Christian communities. Organizers made full use of banners - the most common advertising medium - to stress the point that human trafficking is illegal and will be punished. In April 2010, the Minister of Social Affairs and Humanitarian Action co-hosted with UNICEF a conference in Pointe Noire to highlight the problem of trafficking in children. Also during the reporting period, the MOH, with support from UNICEF, also began implementation of the government’s 2009–2010 National Plan of Action. Under this plan, UNICEF trained MOH representatives to serve as trainers; these trainers then presented anti-trafficking workshops to local NGOs. The government did not monitor migration patterns for trafficking, and it did not take measures to reduce the demand for commercial sex acts during the reporting period. The ROC is not a party to the 2000 UN TIP Protocol. [1]

See also

Related Research Articles

Chilean law does specifically prohibit trafficking in persons, and there were isolated reports that persons were trafficked to, from, and within the country for the purposes of sexual exploitation and involuntary domestic servitude. U.S. State Department's Office to Monitor and Combat Trafficking in Persons placed the country in "Tier 1" in 2017. The law criminalizes promoting the entry into or exit from the country of persons for the purpose of facilitating prostitution, with penalties of up to three years in prison and a fine of $827. Sanctions are increased in a number of circumstances, including cases in which the victim is a minor, violence or intimidation is used, deception or abuse of authority is involved, the victim is related or under the tutelage of the perpetrator, or advantage is taken of a victim's circumstances or handicap. The law criminalizes the prostitution of children and corruption of minors, and the age of consent for sexual relations is 14. The law criminalizes obtaining sexual services from a minor in exchange for money or other considerations.

Togo is a source, transit and, to a lesser extent, a destination country for women and children trafficked for the purposes of forced labor and commercial sexual exploitation. Trafficking within Togo is more prevalent than transnational trafficking and the majority of victims are children. Togolese girls are trafficked primarily within the country for domestic servitude, as market vendors, produce porters, and for commercial sexual exploitation. To a lesser extent, girls are also trafficked to other African countries, primarily Benin, Nigeria, Ghana, and Niger for the same purposes listed above. Togolese boys are most commonly trafficked transnationally to work in agricultural labor in other African countries, primarily Nigeria, Ivory Coast, Gabon, and Benin, though some boys are also trafficked within the country for market labor. Beninese and Ghanaian children have also been trafficked to Togo. There have been reports of Togolese women and girls trafficked to Lebanon and Saudi Arabia, likely for domestic servitude and sexual exploitation. Togolese women may be trafficked to Europe, primarily to France and Germany, for domestic servitude and sexual exploitation. In the last year, 19 Togolese girls and young women were trafficked to the United States for forced labor in a hair salon. The Government of Togo does not fully comply with the minimum standards for the elimination of trafficking; however, it is making significant efforts to do so, despite limited resources. Togo demonstrated solid law enforcement efforts by increasing the number of traffickers convicted. However, sentences imposed on convicted traffickers were inadequate and protection efforts were diminished over last year.

The United Arab Emirates is a destination country for men and women that are mostly trafficked for the purposes of labor and prostitution. U.S. State Department's Office to Monitor and Combat Trafficking in Persons placed the country in "Tier 2" in 2017.

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.

It is likely that several thousands of people are trafficked in Yemen every year, often to Saudi Arabia.

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.

Laos is primarily a source country for women and girls trafficked for commercial sexual exploitation and labor exploitation as domestics or factory workers in Thailand. Some Lao men, women, and children migrate to neighboring countries in search of better economic opportunities but are subjected to conditions of forced or bonded labor or forced prostitution after arrival. Some Lao men who migrate willingly to Thailand are subjected to conditions of involuntary servitude in the Thai fishing and construction industry. To a lesser extent Laos is a country of transit for Vietnamese, Chinese and Burmese women destined for Thailand. Laos’ potential as a transit country is on the rise with the construction of new highways linking the People’s Republic of China, Vietnam, Thailand, and Cambodia through Laos. Internal trafficking is also a problem that affects young women and girls who are trafficked for commercial sexual exploitation in urban areas.

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.

Benin is a country of origin and transit for children subjected to trafficking in persons, specifically conditions of forced labor and forced prostitution. Until recently, analysts also considered Benin a destination country for foreign children brought to the country and subjected to forced labor, but new information from government and non-government sources indicates the total number of such children is not significant. The majority of victims are girls trafficked into domestic servitude or the commercial sex trade in Cotonou, the administrative capital. Some boys are forced to labor on farms, work in construction, produce handicrafts, or hawk items on the street. Many traffickers are relatives or acquaintances of their victims, exploiting the traditional system of vidomegon, in which parents allow their children to live with and work for richer relatives, usually in urban areas. There are reports that some tourists visiting Pendjari National Park in northern Benin exploit underage girls in prostitution, some of whom may be trafficking victims. Beninese children recruited for forced labor exploitation abroad are destined largely for Nigeria and Gabon, with some also going to Ivory Coast and other African countries, where they may be forced to work in mines, quarries, or the cocoa sector.

Botswana is a source and destination country for women and children subjected to trafficking in persons, specifically forced labor and commercial sexual exploitation. Parents in poor rural communities sometimes send their children to work for wealthier families as domestics in cities or as herders at remote cattle posts, where some of these children are vulnerable to forced labor. Batswana girls are exploited in prostitution within the country, including in bars and by truck drivers along major highways; it does not appear, however, that organized pimping of children occurs. In the past, women reported being forced into commercial sexual exploitation at some safari lodges, but there were no similar reports during this reporting period. Residents in Botswana most susceptible to trafficking are illegal immigrants from Zimbabwe, unemployed men and women, those living in rural poverty, agricultural workers, and children orphaned by HIV/AIDS. Some women from Zimbabwe who voluntarily, but illegally, migrate to Botswana to seek employment are subsequently subjected by their employers to involuntary domestic servitude. Botswana families which employ Zimbabwean women as domestic workers at times do so without proper work permits, do not pay adequate wages, and restrict or control the movement of their employees by holding their passports or threatening to have them deported back to Zimbabwe.

Rwanda ratified the 2000 UN TIP Protocol in September 2003.

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.

Guinea is a source, transit, and to a lesser extent, a destination country for men, women, and children subjected to trafficking in persons, specifically in the areas of forced labor and forced prostitution. The majority of victims are children, and these incidents of trafficking are more prevalent among Guinean citizens than among foreign migrants living in Guinea. Within the country, girls are largely subjected to involuntary domestic servitude and commercial sexual exploitation, while boys are subjected to forced begging and forced labor as street vendors, shoe shiners, and laborers in gold and diamond mines. Some Guinean men are also subjected to forced agricultural labor within Guinea. Smaller numbers of girls from Mali, Sierra Leone, Nigeria, Ghana, Liberia, Senegal, Burkina Faso, and Guinea-Bissau migrate to Guinea, where they are subjected to involuntary domestic servitude and likely also commercial sexual exploitation. Some Guinean boys and girls are subjected to forced labor in gold mining operations in Senegal, Mali, and possibly other African countries. Guinean women and girls are subjected to involuntary domestic servitude and forced prostitution in Nigeria, Côte d'Ivoire, Benin, Senegal, Greece, and Spain. Chinese women are trafficked to Guinea for commercial sexual exploitation by Chinese traffickers. Networks also traffic women from Nigeria, India, and Greece through Guinea to the Maghreb and onward to Europe, notably Italy, Ukraine, Switzerland, and France for forced prostitution and involuntary domestic servitude.

Guinea-Bissau is a source country for children subjected to trafficking in persons, specifically forced labor, principally begging, and forced prostitution. Boys are sent to Senegal, and to a lesser extent Mali and Guinea, under the care of Koranic teachers called marabouts, or their intermediaries, to receive Islamic religious education. These teachers, however, routinely beat and subject the children, called talibé, to force them to beg, and subject them to other harsh treatment, sometimes separating them permanently from their families. UNICEF estimates that 200 children are taken from Guinea-Bissau each month for this purpose, and in 2008 a study found that 30 percent of the 8,000 religious students begging on the streets of Dakar are from Guinea-Bissau. Men, often former talibés from the regions of Bafata and Gabu, are the principal traffickers. In most cases they operate in the open, protected by their stature in the Muslim community. Some observers believe girls are also targets, and may be subjected to domestic labor in Guinea-Bissau or Senegal.


Mali ratified the 2000 UN TIP Protocol in April 2002.

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.

The Central African Republic (CAR) is a source and destination country for children subjected to trafficking in persons, specifically various forms of forced labor and forced prostitution. Most child victims are trafficked within the country, but a smaller number move back and forth from Cameroon, Chad, Nigeria, Republic of the Congo, Democratic Republic of the Congo, and Sudan. Trafficking offenders, including members of expatriate communities from Nigeria, Sudan, and Chad, as well as transient merchants and herders, subject children to involuntary domestic servitude, commercial sexual exploitation, or forced labor in agriculture, diamond mines, and street vending. The groups most at risk for trafficking are children for forced labor, Ba’aka (Pygmy) minorities for forced agricultural work, and girls for the sex trade in urban centers. The Lord’s Resistance Army continues to abduct and harbor enslaved Sudanese, Congolese, Central African, and Ugandan children in the CAR for use as cooks, porters, and combatants; some of these children are also taken back and forth across borders into Sudan or the Democratic Republic of the Congo.

Chad is a source and destination country for children subjected to trafficking in persons, specifically conditions of forced labor and forced prostitution. The country's trafficking problem is primarily internal and frequently involves parents entrusting children to relatives or intermediaries in return for promises of education, apprenticeship, goods, or money; selling or bartering children into involuntary domestic servitude or herding is used as a means of survival by families seeking to reduce the number of mouths to feed. Child trafficking victims are primarily subjected to forced labor as herders, domestic servants, agricultural laborers, or beggars. Child cattle herders follow traditional routes for grazing cattle and at times cross ill-defined international borders into Cameroon, the Central African Republic (CAR), and Nigeria. Underage Chadian girls travel to larger towns in search of work, where some are subsequently subjected to prostitution. Some girls are compelled to marry against their will, only to be forced by their husbands into involuntary domestic servitude or agricultural labor. In past reporting periods, traffickers transported children from Cameroon and the CAR to Chad's oil producing regions for commercial sexual exploitation; it is unknown whether this practice persisted in 2009.

The Democratic Republic of the Congo (DRC) is a source and destination country for men, women, and children subjected to trafficking in persons, specifically conditions of forced labor and forced prostitution. The majority of this trafficking is internal, and much of it is perpetrated by armed groups and government forces outside government control within the DRC's unstable eastern provinces.

Human trafficking in the Ivory Coast refers to the practice of forced labour and commercial sexual exploitation which uses Côte d'Ivoire a source, transit, and destination country for women and children who are trafficked for these purposes. Trafficking within the country's borders is 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 are subjected to forced labour in the agricultural sector, including on cocoa, coffee, pineapple, and rubber plantations; boys from Ghana are forced to labour in the mining sector; boys from Togo are forced to work in construction; and boys from Benin are forced to work in carpentry and construction. Girls recruited from Ghana, Togo, and Benin to work as domestic servants and street vendors often are subjected to conditions of forced labour. Women and girls are also recruited from Ghana and Nigeria to work as waitresses in restaurants and bars and are subsequently subjected to forced prostitution. Trafficked children often face harsh treatment and extreme working conditions.

References

  1. 1 2 3 4 5 6 "Trafficking in Persons Report 2010 Country Narratives - Countries A Through F". US Department of State. 2010-06-17. Archived from the original on 2010-06-17. Retrieved 2023-02-12.PD-icon.svg This article incorporates text from this source, which is in the public domain .
  2. "Trafficking in Persons Report 2017: Tier Placements". www.state.gov. Archived from the original on 2017-06-28. Retrieved 2017-12-01.
  3. US Government website, Trafficking in Persons Report - Republic of Congo, 2023