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NAMIBIA Include Trafficking Victims and Those Who Cooperate with Law Rural Areas

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NAMIBIA Include Trafficking Victims and Those Who Cooperate with Law Rural Areas of Witnesses and Victims of All Crimes; such efforts would trafficking and other labor violations, especially on farms in NAMIBIA include trafficking victims and those who cooperate with law rural areas. The government did not make an effort to reduce enforcement in the investigation and prosecution of human the demand for commercial sex acts during the year. trafficking cases. The Multi-Sectoral Mechanism on Integrated Care for Women Who are Victims of Violence, approved in 2012, outlined the role of each ministry in providing assistance to victims of violence, including trafficking victims; however, NAMIBIA (Tier 2 Watch List) this would not cover male trafficking victims. The government did not report improvements in its efforts to assist victims as Namibia is predominantly a country of origin and destination for a result of the new provisions in either the 2012 law or multi- children and, to a lesser extent, women subjected to forced labor sectoral mechanism and remained unable to collect data on and sex trafficking. Some victims are initially offered legitimate victim service provisions. work for adequate wages, but eventually experience forced labor in urban centers and on commercial farms. Traffickers The government encouraged victims to assist in the exploit Namibian children within the country in forced labor investigation and prosecution of trafficking offenders. For in agriculture, cattle herding, and domestic service, as well as example, Mozambican police cooperated with South African prostitution in Windhoek and Walvis Bay. Foreign nationals officials in the investigation of a trafficking case discovered in from southern Africa and Europe are among the clientele of the previous reporting period, and the Mozambican Attorney children in prostitution. Namibians commonly house and care General’s office—in theirde facto leadership role—worked for children of distant relatives in order to provide expanded with South African authorities to provide adequate protection educational opportunities; however, in some instances, these of the victims who remained under their care in support of children are exploited by their relatives in forced labor. Among the ongoing investigation. The government did not provide Namibia’s ethnic groups, San girls are particularly vulnerable temporary residency status or legal alternatives to the removal to forced labor on farms or in homes, and to a lesser extent, of foreign victims to countries where they might face hardship are exploited in prostitution. Children from Angola, Zambia, or retribution and it continued to deport foreign nationals and Zimbabwe are subjected to prostitution, forced labor in without screening them for possible trafficking victimization. the fishing sector, or forced labor in organized street vending NGO contacts reported no instances of trafficking victims having in Windhoek and other cities. In particular, Angolan children been detained, fined, or jailed for unlawful acts committed as a may be brought to Namibia for forced labor in cattle herding result of having been trafficked, and the 2008 anti-trafficking act or forced to sell drugs. During the year, there were reports exempted victims from prosecution for such acts. Nevertheless, of Angolan women in forced prostitution in Namibia and a the lack of formal identification procedures impaired the Namibian national was identified as a trafficking victim in government’s ability to ensure that no trafficking victims were South Africa. There were reports of exploitative labor—perhaps inadvertently penalized. including forced labor—involving foreign adults and Namibian adults and children in Chinese-owned retail, construction, and fishing operations. PREVENTION The government maintained its strong efforts to prevent The Government of Namibia does not fully comply with the trafficking in persons with the establishment of coordinating minimum standards for the elimination of trafficking; however, bodies in seven provinces and organization of several awareness- it is making significant efforts to do so. The government has not raising events. The Attorney General’s office worked with the shown evidence of increasing efforts to address human trafficking Ministry of Justice to draft a national action plan on trafficking compared to the previous year; therefore, Namibia is placed in persons, which will outline the roles of all stakeholder on Tier 2 Watch List for a third consecutive year. Namibia was ministries and have the same effect as implementing regulations. granted a waiver from an otherwise required downgrade to Tier 3 The government had not finalized the plan and submitted it for because its government has a written plan that, if implemented, approval by the Council of Ministers at the end of the reporting would constitute making significant efforts to bring itself into period. Although the government lacked a single national compliance with the minimum standards for the elimination of body to coordinate anti-trafficking efforts across ministries, the trafficking and it has committed to devoting sufficient resources Attorney General’s office continued to demonstrate leadership to implement that plan. In 2013, the government investigated in overseeing national anti-trafficking efforts. For example, in four suspected trafficking cases, continued prosecution of two 2013, the Attorney General’s office partnered with provincial suspected sex trafficking offenders initiated in the previous governments and sponsored the establishment of inter- reporting period, and developed an initial draft of anti-trafficking ministerial “reference groups” in seven provinces consisting legislation. Officials discovered 14 potential victims, provided of provincial officials, police, border guards, social workers, shelter for two, and provided financial assistance to an NGO that NGOs, and faith-based organizations. The reference groups assisted two others. The government, however, failed to initiate coordinated regional efforts to address trafficking, domestic any new prosecutions during the year and has never convicted violence, and child abuse crimes. In 2013, reference groups in a trafficking offender. Some Namibian officials continued Nampula, Xai-Xai, and Ressano Garcia organized awareness to demonstrate a reluctance to acknowledge trafficking and campaigns, with prosecutors and police participating in marches incorrectly insist that transnational movement is a defining through the regional capitals, reaching hundreds of community element of trafficking crimes. The government failed to fully members. During the year, the GAMC formed trafficking interest institute formal victim identification and referral processes, groups in select schools in Maputo to carry out awareness leading to the possible penalization and deportation of potential activities for more than 3,500 teachers, students, and parents on victims in 2013. In addition, despite its efforts to renovate preventing trafficking in persons. Although the Ministry of Labor buildings and designate places of safety in each province for acknowledged that child labor is pervasive and often abusive, victims of gender-based violence, including trafficking, the it employed an inadequate number of labor inspectors, who government left such facilities understaffed and under capacitated lacked training and resources to adequately monitor for child to fulfill their intended mission. Lack of effective inter-ministerial 285 coordination in the development and implementation of anti- two San girls brought from Omega district to Windhoek for trafficking programming remained a key concern. the purposes of domestic servitude. Law enforcement efforts incorrectly focused on transnational movement as a necessary condition of trafficking. The Ministry of Labor and Social NAMIBIA TIER RANKING BY YEAR Welfare (MLSW) reported its efforts to acquire payment from and deport Chinese employers responsible for the forced labor of an unknown number of Chinese and Namibian nationals NAMIBIA in construction firms during the year. Although the president publicly criticized Chinese businesses for mistreating Namibians 2007 2008 2009 2010 2011 2012 2013 2014 and violating Namibian labor law, the government failed to prosecute suspected offenders during the year. In partnership with UNICEF, in 2012, MGECW developed a police curriculum RECOMMENDATIONS FOR NAMIBIA: on gender-based violence, including trafficking; however, the Draft and enact comprehensive anti-trafficking legislation; government has not yet finalized the curriculum or conducted increase efforts to investigate and prosecute trafficking offenses, training exercises with it in 2013. The government failed to and to convict and punish trafficking offenders under existing investigate official complicity in trafficking crimes, including law, including the Prevention of Organized Crime Act (POCA); in a case of a teacher allegedly recruiting children for domestic develop and implement systematic procedures for the proactive servitude. identification of victims and their subsequent referral to care; train law enforcement, judicial sector, immigration, labor, and social welfare officials on relevant legislation and identification PROTECTION and referral procedures; allocate resources and develop a plan to The government made modest efforts to protect trafficking victims fully operationalize renovated safe houses; proactively investigate during the year, but continued to lack a process for screening and criminally prosecute employers accused of forced labor
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