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Department of State Trafficking in Persons Report

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Department of State Trafficking in Persons Report NAMIBIA People, enacted in 2008, prohibits recruiting or facilitating the trafficking victims who cooperate with law enforcement—remained exploitation of a person for purposes of prostitution, forced labor, unfinished and unimplemented for the second consecutive year. The slavery, or involuntary debt servitude. Article 10 prescribes penalties multi-sectorial care mechanism, approved in 2012 to coordinate of 16 to 20 years’ imprisonment for these offenses, which are referral and protection for female victims of violence, appeared sufficiently stringent and exceed those prescribed for other serious to remain inoperative in 2014. The government did not provide crimes, such as rape. In 2014, the government enacted a new penal temporary residency status or legal alternatives to the removal code, which includes prohibitions on involuntary commercial sexual of foreign victims to countries where they might face hardship exploitation and forced labor of men and women. The government or retribution. The lack of formal identification procedures continued to manually compile anti-trafficking law enforcement precluded the government from ensuring no trafficking victims data; however, it did not provide case-specific details. During the were inadvertently penalized detained, fined, or jailed for unlawful year, the government initiated investigation of 27 trafficking cases acts committed as a result of having been subjected to trafficking. and began prosecution of 44 suspected traffickers. It convicted 32 offenders under the 2008 anti-trafficking law, all of whom received prison terms from two to 20 years. These efforts are indicative PREVENTION of the government’s continued commitment to hold offenders The government demonstrated modest efforts to prevent accountable, given the conviction of 24 trafficking offenders in trafficking in persons. During the year, the government did not 2013 and 23 in 2012. As the 2008 anti-trafficking law includes make progress in finalizing or submitting for approval the national prohibitions against organ trafficking, which is known to exist in anti-trafficking action plan or implementing regulations. Although Mozambique, these law enforcement efforts likely included cases the government lacked a single national body to coordinate anti- beyond sex and labor trafficking. trafficking efforts across ministries, the attorney general’s office continued to demonstrate leadership in overseeing national The government, in partnership with international organizations, anti-trafficking efforts; it partnered with provincial governments continued to offer an anti-trafficking course for all newly recruited to establish inter-ministerial “reference groups” in three remaining police officers, border guards, customs and immigration agents, and provinces, which enabled complete national coverage. Consisting rapid intervention (riot) police. The course covered recognition of local officials, police, border guards, social workers, NGOs, of trafficking cases, protection of victims, child rights, and child and faith-based organizations, the “reference groups” served custody law, and became a permanent component of the training to coordinate regional efforts to address trafficking and other curriculum during the year. Mozambican officials hosted a national crimes. In 2014, government officials, in partnership with an debate on combating trafficking for traditional leaders, border NGO, conducted an awareness campaign for 150 members of authorities, police, and NGOs; however, investigative techniques, a transportation association on how to recognize and report training, capacity, and forensic abilities continued to be weak, suspected trafficking cases. It also hosted seven anti-trafficking particularly outside of the capital. The government did not report lectures for 600 government and civil sector personnel, which any investigations, prosecutions, or convictions of government were coupled with training sessions on organ trafficking. Although officials complicit in trafficking. During the year, Mozambican the Ministry of Labor acknowledged that child labor is pervasive officials held cross-border meetings with officials from South and often abusive, it employed an inadequate number of labor Africa’s Mpumalanga provincial anti-trafficking task team to discuss inspectors, who lacked training and resources to adequately the repatriation of child trafficking victims. monitor for child trafficking and other labor violations, especially on farms in rural areas. The government failed to reduce the demand for commercial sex acts during the year. It did not provide PROTECTION anti-trafficking training or guidance for its diplomatic personnel. The government maintained limited efforts to protect victims of trafficking. It lacked formal victim identification procedures and did not report the number of victims identified and assisted during the year. Officials continued to rely on NGOs to provide shelter, NAMIBIA: Tier 2 Watch List counseling, food, and rehabilitation to victims, and offered only limited in-kind government support. The government assumed Namibia is predominantly a country of origin and destination for direct budget responsibility for the country’s only permanent shelter children and, to a lesser extent, women subjected to forced labor for child trafficking victims, including staff salaries, and provided and sex trafficking. Some victims are initially offered legitimate psychologists to coordinate family reunification and assistance for work for adequate wages, but eventually experience forced labor an unknown number of trafficking victims, but continued to utilize in urban centers and on commercial farms. Traffickers exploit technical and financial support from international organizations Namibian children within the country through forced labor for victim support. in agriculture, cattle herding, and domestic service, as well as prostitution in Windhoek and Walvis Bay. Foreign nationals from Officials continued to operate facilities in more than 215 police southern Africa and Europe are among the clientele of children in stations and 22 “Victims of Violence” centers throughout the prostitution. Namibians commonly house and care for children of country offering temporary shelter, food, limited counseling, and distant relatives to provide expanded educational opportunities; monitoring following reintegration for victims of crime; however, however, in some instances, these children are exploited in forced it remained unclear whether trafficking victims benefited from labor. Among Namibia’s ethnic groups, San and Zemba children are these services in 2014. The anti-trafficking law requires police particularly vulnerable to forced labor on farms or in homes and, protection for victims assisting in the investigation and prosecution to a lesser extent, are exploited in prostitution. NGOs reported of trafficking offenders; however, it is unclear if such protections persons in prostitution being taken aboard foreign vessels off were utilized during the year. The Ministry of Justice’s 2013 draft the Namibian coast, some of whom may be trafficking victims. action plan to guide the efforts for victims’ protection and outline Children from Angola, Zambia, and Zimbabwe are subjected to implementation of the 2012 witness protection law—including prostitution and forced labor in the fishing sector and in organized 255 street vending in Windhoek and other cities. Angolan children PROSECUTION may be brought to Namibia for forced labor in cattle herding or The government maintained modest anti-trafficking law to sell drugs. There were reports of exploitative labor—perhaps enforcement efforts during the year. The 2009 Prevention of including forced labor—involving foreign adults and Namibian Organized Crime Act (POCA) criminalizes all forms of trafficking. adults and children in Chinese-owned retail, construction, and Under the POCA, persons who participate in trafficking offenses fishing operations. or aid and abet trafficking offenders may be imprisoned for up to 50 years and fined, penalties that are sufficiently stringent and The Government of Namibia does not fully comply with the commensurate with punishments prescribed for other serious NAMIBIA minimum standards for the elimination of trafficking; however, it crimes, such as rape. In April 2015, the government enacted the is making significant efforts to do so. Despite these measures, the Child Care and Protection Bill, which includes a provision explicitly government did not demonstrate overall increasing anti-trafficking criminalizing child trafficking. The Ministry of Gender Equality efforts compared to the previous reporting period; therefore, and Child Welfare (MGECW), the government’s anti-trafficking Namibia is placed on Tier 2 Watch List for a fourth consecutive lead, continued to coordinate the efforts of an inter-ministerial year. Namibia was granted a waiver from an otherwise required committee responsible for drafting anti-trafficking legislation, downgrade to Tier 3 because its government has a written plan including specific protections for trafficking victims, prevention that, if implemented, would constitute making significant efforts to measures, and harsher punishments for child trafficking offenses; bring itself into compliance with the minimum standards for the the draft bill advanced to the Law Reform Commission and was elimination of trafficking and it has committed to devoting sufficient distributed to the Cabinet Committee on Legislation, yet remained resources
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