Trafficking - Grand Illusions Shattered Dreams Report On Human Trafficking in Kenya TheCRADLE

Grand Illusions, Shatered Dreams
REPORT ON THE STATUS OF HUMAN TRAFFICKING IN KENYA
Written by: Millie Odhiambo - Mabona & Beatrice Kayatta
Published by: The CRADLE - The Childrens Foundation
Promoting justice for children, the future in our hands!
The CRADLE - The Childrens Foundation All rights reserved. This report is published for use by policy makers, legislators, INGOs, NGOs and CSOs working on initiatives to combat trafficking in persons. Sections, parts and materials contained herein may be freely reproduced, stored in a retrieval system, or transmitted by these groups provided The CRADLE is acknowledged. To obtain additional copies, call or write to us at the addresses indicated herein below. Published by The CRADLE - The Childrens Foundation Wood Avenue, Opp. Wood Avenue Apts, Box 10101-00100 Telephone: (254) (2) 387475/6 Telefax: (254) (2) 2710156 NAIROBI. Email: info@thecradle.or.ke ; thecradle@africaonline.co.ke www.thecradle.or.ke
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Table of Contents
Acknowledgements Abbreviations and Acronyms List of Figures List of Tables Executive Summary Section 1 1.0.0 Background Section 2 2.0.0 Desk Research Section 3 3.0.0 In depth Interviews Section 4 4.0.0 Focus Group Discussions Section 5 5.0.0 Rapid Assessment Survey Section 6 6.0.0 Conclusions and Implications Annex Respondent Profile 71 72 4 5 6 6 7 15 19 35 45 61
Acknowledgements
The CRADLE acknowledges the work by various people who made this research possible. Those who contributed in formulating and designing the research tools, those who assisted in refining the same, those who undertook the actual research using different methodologies, those who shared with us their knowledge, ideas and pain and finally to those who collated the report. In particular, we acknowledge The CRADLE staff who worked tirelessly to ensure that the project ran smoothly. Their support and guidance during the development of the research tool-kits, the fieldwork and through the data processing is highly appreciated. Members of the Technical Expert Committee that formulated and redefined the research tools deserve special mention. They include Heather Komenda and Inke Rosebrock of IOM; Jane Onyango and Anne Amadi of FIDA; Faiza Mohammed, Maureen Abell, Wacheke Michuki and Caroline Agengo of Equaliy Now; Peninah Kihia of AMWIK; Martin Oluoch of Human Rights House; Rosemarie Muganda of Centre for Adolescent Studies; Kamau Mubuu of Catholic University; Auma Okwany of Netherlands; Jane Mbugua of Women and Law in East Africa; Jeffrey Maganya, Blak Wamukhoya Odanyiro, Abby Muricho and Millie Odhiambo-Mabona of The CRADLE. To the researchers who conducted individual interviews in different towns including Kericho, Thika, Naivasha, Nairobi and the border points of Busia, Malaba, Moyale and the Somali border, we thank you immensely for your work. They include Jacob Atiang, Johney Wanga, Robert Onencan, Tony Odera, Boniface Dukuzemungu, Alice Kamangu, Justus Kivindyo, Adiam Girmay, Jeffrey Maganya and Blak Wamukhoya Odanyiro. We are grateful to AFRUCA of the UK and the various organizations interviewed in Lebanon and Ethiopia for their useful information and data on trafficking in persons in these countries. In particular we acknowledge EWLA, Good Samaritan and IOM of Ethiopia and Caritas Lebanon. To the representatives of the various CSOs and NGOs, government offices and organizations who participated in the in depth interviews, our sincere thanks go to you. Our appreciation also goes to the various target respondents in the different study designs, who, unconditionally and willingly, offered us the necessary information. In particular, we thank the children for their rich input and insight to the issue of trafficking in persons.
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We thank Strategic Public Relations & Research who undertook the primary task of collecting data through FGDs, key indepth interviews with institutions and conducting the children workshop. In particular we thank Ceaser Handa and Beatrice Kayatta for their role in coordinating the research done by SPR&R. We also thank them for the primary role of analyzing the qualitative and quantitative data. They have truly enriched this process and we are truly indebted to them. The final report including the literature review was compiled by Millie OdhiamboMabona in conjunction with Beatrice Kayata of SPR&R. Finally, we acknowledge that without the support of the British High Commission, it would not have been possible to undertake this research and we thank the Commission immensely for its support that has not only made this research possible, but has greatly contributed towards placing the issue of trafficking in persons on the national agenda in Kenya.
Abbreviations and Acronyms

ABA ACRWC AFRUCA AMWIK ANPPCAN American Bar Association African Charter on the Rights and Welfare of the Child Africans Unite Against Child Abuse Association of Media Women of Kenya Africa Network for the Prevention and Protection against Child Abuse and Neglect CBOs CRC CRS CSWs ECOSOC EPZ EWLA FGD FIDA Kenya ICCPR ICESCR IDIs IEC ILO INGO IOM JJN KHURINET MDGs PASUNE RAS SIDA International Covenant on Civil and Political Rights International Covenant on Economic Social and Cultural Rights In Depth Interviews Information, Education and Communication International Labour Organization International Non Governmental Organization International Organization for Migration Juvenile Justice Network Kenya Human Rights Network Millennium Development Goals Paralegal Support Network Rapid Assessment Swedish International Development Agency Community Based Organizations Convention on the Rights of the Child Congressional Research Service Commercial Sex Workers Economic, Social and Cultural Council Export Processing Zones Ethiopia Women Lawyers Association Focus Group Discussions Federation of Women Lawyers in
SPR&R SOLWODI THB TV NGO UAE UN UNDP UNICEF UNODC US
Strategic Public Relations and Research Solidarity with Women in Distress Trafficking in Human Beings Television Non Governmental Organization United Arabs Emirates United Nations United Nations Development Program United Nations Childrens Education Fund United Nations Office on Drugs and Crime United States
List of Figures
Fig 1: Fig 2: Fig 3: Fig 4: Fig 5: Fig 6: Fig 7: Fig 8: Fig 9: Profile of respondents by organization ......... 62 Profile of respondents by profession ........... 62 Methods traffickers use to lure victims ......... 64 Modes of transport used in human trafficking .................................................... 64 Forms of exploitation .................................. 64
List of tables
Table 1: Nationality of respondents .......................... 36 Table 2: Age of respondents .................................... 36 Table 3: Types of jobs promised ............................... 39 Table 4: Actual work done by victims ....................... 39 Table 5: Reasons why victims took up jobs ............... 40 Table 6: Nationality of traffickers............................... 40
Assistance required by victims ..................... 45 Table 7: Nationality of victims................................... 41 Age of victims at immigration ...................... 36 Table 8: Modes of transportation used in trafficking ... 42 Age of traffickers ......................................... 36 Table 9: How victims travel...................................... 42 Sex of victims ............................................. 37 Table 10: Place of stay while on transit ..................... 43 Table 11:Why victims resolve to leave abusive services ...................................................... 43 Table 12: Persons/reasons why victims dont leave abusive service ........................................... 43 Table 13: Assistance required by the victims ............. 43
Fig 10: Sex of traffickers ......................................... 37 Fig 11: Urban vs. rural recruitment......................... 37 Fig 12: Nationality of traffickers............................... 38 Fig 13: Nationality of victims................................... 38 Fig 14: *Victims relationship to be recruited*??? ..... 38 Fig 15: Promises made to victims ........................... 38 Fig 16: Respondents working hours ....................... 43
Executive Summary
Overview
The CRADLE commissioned a rapid assessment on trafficking in persons in Kenya. To undertake the study, The CRADLE set up a technical committee of experts who developed research design and methodology. It was agreed that the research uses the international definition on trafficking in persons under the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention Against Transnational Organized Crime, (hereinafter, the Palermo Protocol).1 The technical committee developed various methodologies including Focus Group Discussions (FGDs), In-depth Interviews (IDIs), Key Informant Interviews and a Desk Research. The FGDs were carried out in Nairobi, Turkana, Malindi and Suba. One child forum was also held in Nairobi. Several researchers were commissioned to undertake the in-depth interviews targeting selected areas nationally such as border towns and towns with plantations and traditionally reputed for exploitative labour practices including Malaba, Busia, Moyale, Somali border, Kericho, Thika, Nairobi and Naivasha. In-depth interviews were also done with victims of trafficking or persons who have closely related to a victim of trafficking and comprised individuals of different nationalities living in Kenya including Kenyans, Ethiopians, Sudanese, Tanzanians and Ugandans. Institutions working with aspects of trafficking were also interviewed. Most of them are based in Nairobi. Key informant interviews were also done with international organizations in other countries such as AFRUCA, a charitable organization based in the UK and a visit was undertaken and interviews done with organizations outside Kenya and in particular in Lebanon, (Caritas) and Ethiopia, (IOM, EWLA and Good Samaritan). During these visits to Ethiopia and Lebanon, interviews were also done with 11 victims of trafficking, 8 from Ethiopia, 1 from Nigeria, 1 from Zambia and 1 from Cameroon. Thus the process in totality included a Desk Research/Literature Review, 5 FGDs including one childrens forum, 36 IDIs within Kenya and 11 from out of the country, key informant interviews from 4 selected organizations out of the country and 510 quantitative interviews nationally. This comprised the major component of the study. This Report has been organized in six sections with a preliminary section that gives an executive summary and key findings and recommendations of the research;
1 United Nations, 2000
Section one provides the background information; Section two summarizes the Desk or Literature Review; Section three summarizes the findings of the quantitative survey; Section four presents the Focus Group Discussions Report; Section five gives a report on the key in-depth interviews; and Section six presents the conclusions and implications for the human trafficking programme.
Key Findings and Recommendations

Key Findings and Recommendations

Trafficking in persons has been classified as constituting transnational organized crime, a virulent phenomenon which is not easily identifiable due to its criminal nature. While the study acknowledges that it is difficult to get reliable data on trafficking in human beings due to its hidden and criminal nature, the findings in this report give useful information as relates to trends in THB in Kenya. The key findings and recommendations are summarized below.
Kenya as a Source, Transit and Destination Country

The Desk Research revealed that there is evidence of rampant human trafficking globally but comprehensive and sustained research has yet to be done on the vice in Africa and specifically in Kenya especially in relation to international trafficking. This is because a lot of information in relation to trafficking in Kenya is mainly anecdotal save for internal trafficking for domestic labour that has a plethora of literature. The literature review further reveals that Kenya is indeed fast growing as a source, transit and destination country for trafficking in persons. This is because in earlier years, (for instance in 1997,) the UN Special Rapporteur on Violence Against Women identified Kenya primarily as a transit point for traffickers. However, the literature review indicates that Kenya has moved from being primarily a transit country and is fast becoming a trafficking hub as a source, transit and destination country. During the research, policy makers admitted that while there was no official credible data to support the existence of human trafficking in Kenya, press reports and other literature reveals that human trafficking in the country is real. The study validates the desk research reports in material respects by confirming that Kenya is indeed a source, transit and destination country for trafficking especially involving young girls and women.
Victim Prole
The research findings indicate that most victims of trafficking in Kenya are from Africa and Asia. The research also indicates that there are clear gender and age dimensions to trafficking as children, (especially girl-children) and women were impacted more than men. Younger boys were more impacted than older men. Other than in Lebanon where information received indicate that there may be more Kenyan men in detention having lost their jobs and having no proper travel documents with them, the study shows that the number of women and girls outweigh the number of boys and men victims of trafficking at home and abroad. The nature of trafficking also had gender dimensions. For instance in Suba District, boys could freely involve in fishing without being forced into prostitution but girls had to have a sexual broker popularly referred to as jaboya through whom she traded sex for fish. In relation to younger children who may be trafficked for purposes such as removal of organs, religious rituals or witchcraft, the gender appears immaterial. It is however still not clear the reason why Kenyan children may be trafficked abroad. This is because from the cases of perceived trafficking in children in Kenya, the objective appears to be illegal adoptions (which may or may not be exploitative) and not trafficking (which is always exploitative). This is unlike cases of children from Western Africa such as Nigerian children, where there is clear evidence that they are trafficked abroad primarily for religious rituals or witchcraft and claiming of social benefits abroad. Even though all ages are susceptible to trafficking, it emerged that the pre-teen and teen ages are more vulnerable to trafficking, (between 13 to 25) except for the Coast where the sex-tourism industry use men and women of all ages, including women as old as 45 years. For the quantitative survey, the most prevalent age bracket for victims was between 21 to 30 years at the time of migration. This follows closely with those
Key Recommendation
There should be sustained comprehensive research on trafficking in persons that highlights emerging trends. The government should initiate programs to combat these elements of THB in Kenya as they arise and put in place an early warning system to alert the authorities.
United Nations Office on Drugs and Crime: Why Fighting Crime can Assist Development in Africa; Rule of Law and Protection of the Most Vulnerable; May 2005
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aged 11-20 years. This means that the persons most vulnerable to trafficking are young people. This could be because of the exploitative nature of trafficking that may require agility. On the other hand, majority of the recruiters were person within the age bracket of 31 to 40. One common strand of potential victims was their poor economic backgrounds since in all areas where the FGDs were conducted, it was agreed that most victims were poor and trying to eke out a living. This also came out in the in-depth interviews. Most were doing menial jobs or unemployed at recruitment. Key Recommendation There should be increased awareness to reduce the vulnerability of victims. This should target vulnerable groups and victims. The government should also prioritize rural development to counter the better life syndrome in towns and abroad. In this regard there should be enhanced devolution of resources at all lower levels and the CDF structure and mode of management should be reviewed to ensure that the benefits accrue to the vulnerable in constituencies.
and not criminal issue, victims are transported publicly and at times in private vehicles. Victims are rarely kept or transported in large groups but mostly alone or with few other girls. Some victims walk long distances to the destinations. They are then harboured by the trafficker either at home or in hotels until they can be transferred to their new employers. Former victims were also singled out as recruiters and employment bureaus are also seen to be largely centers for trafficking. Religious institutions are however suspected to run a more elaborate syndicate of trafficking especially because of the general trust bestowed upon them by the general pubic and by embassies which makes it easier for them to transport large groups of persons apparently for religious activities. Even though there is no evidence linking hospitals to trafficking in children, the rampant disappearance of children in hospitals seems to suggest the existence of an intricate network for child stealing with the possibility of trafficking. Key Recommendation The government should invest in economic recovery strategy programs with a rural focus that trickles meaningfully to the life of the ordinary Kenyan that enables them to get basic education and find jobs. There should be better birth registration systems to stem child-stealing. There should also be a revision of adoption laws to ensure international adoptions are done properly. Programs should also be established on OVCs to reduce their vulnerability. Source Provinces and Recruitment Centers The provinces that are economically poorer serve primarily as sources of trafficking of victims and so do those that have a close proximity to cities that are perceived to provide the better life route. These include Western, Eastern, Nyanza, Coast and Nairobi Provinces. In the quantitative survey, Central and Eastern Provinces had the highest numbers of victims. Massage parlors were one of the places were girls recruited are received by prospective users. Most of the victims are from rural areas where they are recruited from homes and in market places. Those recruited from urban centers are usually found in social places such as discos and cinemas.
Trafcker Prole and Networks

Even though it is believed that there are organized trafficking networks especially in the Coastal regions, majority of those trafficked are recruited mainly through not very sophisticated networks involving personal and familial networks. The traffickers are known and respected in the communities and are often rich people living in the cities and hence it makes it easy for parents to give them their children in trust. Some are relatives of the victims. Other means used included the church were pastors also lured people with promises of good jobs. Former victims were also instrumental especially in sex-tourism industry. The traffickers are often older than the victims and are mainly in the age range of 31 40 years. The study further found out that more men are involved in trafficking than are women. However in most rural areas, female recruiters were noted to be more. Even though most of the traffickers are Africans, there are also a few from Europe and Asia. Nationalities mentioned included Italians and Germans especially in the Coast region. Given that trafficking as a concept is largely unknown in Kenya, is more subtle and is often perceived as a moral
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Key Recommendation The government should ensure equitable sharing of resources in all regions and work on a sustained economic recovery program to protect potential victims.
of purpose among stakeholders including the government. The government should expand the inter-agency steering committee to include other non-governmental stakeholders. Clear programs for the agency should be developed to enable it deal proactively with trafficking issues.
Main Reasons and Causes for Trafcking

Poverty was recognized as an exacerbating factor in trafficking as it made persons vulnerable as they seek options to better their lives. Factors that make persons vulnerable to trafficking were identified to include the better life syndrome that led young Kenyan girls to be lured to attractive lifestyles abroad which at times are exploitative. It was further revealed that children are at increased risk of trafficking especially through poor birth registration systems coupled with lax legal base for international adoptions. The porous borders of Kenya makes it attractive as a transit and destination country and also coupled with weak immigration controls and corruption that makes it possible to develop any identity or travel documents. Civil unrest in other countries also makes it easy for traffickers to exploit victims as many young girls fleeing unrest in their countries find themselves trafficked in Kenya. Whereas trafficking in Nairobi is primarily for domestic labour purposes, trafficking in the coast, especially Malindi, is mainly for sexual exploitation especially in the sex-tourism industry that is increasingly using children. Other forms include working in the tea plantations and flower farms. Kenya is also attractive due to the presence of UN agencies that were seen to offer opportunities for resettlement abroad especially to Canada and other European countries. Many persons from countries that had experience internal turmoil were lured with the promises of resettlement but ended up being exploited in Kenya. Key Recommendation There is need to craft out a programme that can bring together key players in the war against human trafficking and encourage dialogue and information sharing mechanisms to ensure unity
Awareness on Trafcking
The Focus Group Discussions revealed misconceptions on human trafficking. There was generally low understanding of the concept of human trafficking in most of the places visited. For instance in Nairobi, it was generally perceived to be mistreatment and hence a moral and not a legal issue. In Suba, even though it was acknowledged that there were forms of exploitation, it was not deemed as unlawful due to the voluntary participation by the victims. In Malindi the element of exploitation was also down played as the victims tended to be blamed for involving in prostitution or drug-taking. However, in Turkana even though the general populace were not aware of the concept of trafficking, the opinion leaders seemed to have a clearer perspective of what trafficking is. This means that there is still need for concerted action to create awareness on trafficking as a crime. Given that trafficking was seen as a moral issue, the older respondents blamed themselves for being deceived into engaging in income- generating activities that they would not ordinarily pursue. On the other hand, the children blamed their parents and the society for turning a blind eye to their plight.. A section of the participants felt this was a necessary evil and were willing to live with it for as long as it provided a means to and end. The FGDs and the childrens forum clearly revealed that awareness of human trafficking as a concept is low. Most of the children exposed to trafficking do not identify what they go through as trafficking but as mistreatment. Interestingly though, such children, having been exposed to trafficking unknowingly at the local level, would still be susceptible to international human trafficking due to the better life syndrome. Even though in the urban centers there was large awareness of a variety of mainstream media channels and general access to other non-mainstream channels in the rural areas, most places preferred other modes of communication for purposes of creating awareness such as barazas, womens groups and the church as approved by cultural leaders. Respondents in Malindi preferred KBC radio in Kiswahili. In Suba, they preferred direct communication with the leaders.
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Key recommendation There is need for concerted effort between the government and other stakeholders to put in place advocacy programmes that would educate the public on human trafficking.
Modes of Transportation
Transportation for internal trafficking is mainly done by road using public transport unlike in other countries where victims are sometimes hidden in tracks. This means that due to the fact that trafficking is largely unknown and often mis-diagnosed traffickers find it easy to transport the victims openly since they are not perceived to be undertaking a criminal activity. Private road transport is also used but infrequently and others travel on foot for distances longer than 400 kms or use bicycles in areas like Turkana. Boda bodas are also useful in crossing borders especially the Ugandan border. In cases of abduction, the girl is carried by many men, beaten to submission and made to walk thereafter. In Suba, different types of boat are used. Air transport is prevalent in international trafficking even though in some instances victims had to trek thousands of miles. Once the victim has left for the intended destinations, they are either housed by their recruiters or accomplices while others are left to fend for themselves. In few instances, victims walked from country to country. For instance, it was noted that there was a sudden surge of people walking from Ethiopia, through Kenya, to South Africa where they had been promised jobs as a consequence of the possibility of South Africa hosting the World Cup. In Kenya they were escorted through dangerous terrains by Maasais. The border points were noted to be porous and many people could walk in without proper travel documents especially if they appeared to be only crossing the border to shop. Victims destined for Nairobi noted that they traveled with other girls and often in the company of the recruiter or an accomplice of the recruiter. Upon arrival they stay at the recruiters house until transfer to the employer. In Turkana and Malindi, the girls were accompanied by the recruiter. However in Malindi, most girls especially from the Kamba community were often accompanied by parents in the mistaken belief that their daughter has secured a good job. Upon arrival in Malindi, the victims stay in guesthouses, lodgings or massage parlours and are rarely in the recruiters house.
Recruitment Methods The study indicates that the most common form of recruitment is deception, followed by abuse of power or coercion. Most of the victims were given false promises of jobs, better life and even marriage to rich people abroad and at home. Cases of abduction and use of force were however minimal and were noted in areas such as Turkana. There is a strong correlation between deceit and vulnerability and the quest for a better life. This makes it easy to use deceit as opposed to violent methods since the victims are often willing to go for a better life. Most victims were recruited by persons known to them. 77% of the victims interviewed knew the person who had recruited them either as a relative, friend or religious leader. There are others who were forcefully recruited to settle family debts. Key Recommendation Due to the ignorance by the public, the study stresses the need for a comprehensive public communication strategy at the national and grassroot level that can help intensify the fight against human trafficking. There is also need for programs to demystify the better life syndrome. Forms of Exploitation At recruitment, most victims were offered attractive options including professional or decent jobs such as computer technician, language translators, hairdressers etc. Of those recruited, 80% were promised better salaries, 67% better life in another town, 24% better life in another country and 3% marriage. 92% took the offer but ended up doing totally different jobs and activities including prostitution (16%), slaves to traffickers, drug trafficking and rebel trainees. Of the professional jobs promised, non was availed. Most worked for up to 15 hours a day and 88% worked under unhealthy conditions. Some tried to escape and others were reported to have died within the poor situations. There is need for a clear law outlawing trafficking in persons and clear mechanisms in place to ensure it is complied with. There is need for development of programs to reach domestic house workers as many people ended up as domestic helps but with no institutions to assist in case of abuse.
Legislative and Institutional Framework

Finally, the study revealed various legislative and institutional gaps such as the absence of an agency that
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deals comprehensively with victims/returnees. The legal framework is also very weak as it is only the Children Act that mentions trafficking directly but the same is not comprehensive and further gives very lenient sentencing to traffickers. The level of knowledge of legal provisions on trafficking was very low. However, at the Coast and Nairobi, there was general information of the unlawfulness of having sex with minors or employment of minors. Nonetheless this did not deter perpetrators as laws were deemed largely ineffective. Turkana and Suba had a unique situation since the regular laws were not largely regarded and people had their own system that they governed themselves by. In Turkana, culture was more respected than statutory laws. In Suba, the administration was largely disregarded as people who were sought for offences could run and hide in other smaller islands where the effect of the provincial administration or justice system is absent. Most victims did not know of places they can seek assistance from since they distrust the system as a consequence of large perception of rampant corruption. It is only in Malindi that victims could seek assistance
in organizations like SOLOWODI and also in Nairobi where the neighbours could call child rights organizations. However, in the rural areas, there were no known structures. In one instance, a girl sought help from a Member of Parliament. An institutional framework that will effectively support victims of trafficking is necessary to break the in-out cycle. A stronger legislative framework is also recommended through the enhancement of a comprehensive legislation on trafficking in persons.
An institutional framework that will effectively support victims of trafficking is necessary to break the in-out cycle. A stronger legislative framework is also recommended through the enhancement of a comprehensive legislation on trafficking in persons.
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Section 1 Introduction
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1.0.0 Background
1.1.0 Introduction
The CRADLE-The Children Foundation, is a nonpartisan, non-profit making and non-governmental organization committed to the protection, promotion and enhancement of the rights of the child through court representation, education and legislative advocacy. The CRADLEs mission is to promote, protect and enhance the rights of the child and to contribute towards the promotion and enhancement of the economic, political and social status of women by improving the status of the girl-child. It does this through promotion, protection and enhancement of the legal status and human rights of the child, with a special emphasis on the girl-child. In addition, it influences policy, law reform and change in practices and traditions that are harmful to the girl-child; it lobbies for a child-friendly justice system; contributes to the general development of human rights in the country and works earnestly towards the eradication of violence against children. The CRADLE runs four programmes towards realizing its goals and these are: the Legal Aid Program under which it provides free legal assistance and representation to children, case referrals to other organizations, rescue and placement of children in urgent need of care and protection, psycho-social support to children who have survived abuse and violence, judicial consultative meetings with courts & remand homes and running of a voluntary or pro bono lawyers scheme. The Child Rights Program, seeks to create awareness on child rights and to build the capacities of institutions and communities on child rights through the Safe Horizon Project that is a high school-based program that seeks to mentor girls and provide them with means of protection against abuse; the Letter Link Project is a primary schoolbased program that seeks to empower children to better protect themselves from abuse. The CRADLE through this program also empowers communities through mobile legal clinics & bazaars, electronic & print media campaigns; schools & colleges awareness talks; and the training of paralegals. The third program run by The CRADLE is the Research Monitoring & Documentation programme. The aim of the program is to hold the government accountable to its national and international commitments on child rights by monitoring government implementation of these commitments. The CRADLE through this program monitors annual trends on abuse of child rights and government response, it also monitors the compliance with the MDG goals on primary education through the Gender Parity in Schools Project. Under the
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Policy and Legislative Advocacy program, The CRADLE undertakes legislative and policy advocacy that includes public interest cases aimed at changing discriminatory laws against children. In addition, it seeks to influence the establishment of institutions and the enactment of laws that support a child-friendly justice system. In this regard and in collaboration with other NGOs, it was instrumental in the passing of the Children Act and the Criminal Law Amendment Act. Together with members of the Juvenile Justice Network, (JJN), they developed the first model Sexual Offences Bill and the Trafficking in Persons Bill. The former has been introduced in Parliament. The CRADLE has also worked with several SIDA-funded government projects in various ministries to mainstream human rights in their programs, including the Ministry of Roads, Water, Justice, Planning, Health and Agriculture. The CRADLE hosts the Juvenile Justice Network and the Regional Africa Juvenile Justice Network. It is also a member of other networks such as Elimu Yetu Coalition, KHURINET, Paralegal Support Network (PASUNE), the National Focal Point on FGM, Girl-Child Network, Medico-Legal Network on Gender Violence, CARE (K) IEC Campaign Network and the NGO Committee on UNICEF. In line with its policy to eradicate violence against children and champion childrens right, The CRADLE undertook a study to determine the status of Human Trafficking in Kenya which is largely a grey area. It is intended that the study will inform policy and legislative interventions in this field. Trafficking in persons is the third most lucrative organized crime worldwide after drugs and arms trafficking. Increasing economic differentiation within and between the countries of the East African region and the decline in regional stability and human security, together with false perceptions about employment opportunities abroad, constitute push factors for Kenyans to seek a better livelihood abroad. Poverty and the HIV/AIDs pandemic have also seen increasing in number of children who are vulnerable to exploitation including through internal trafficking. Though the information on trafficking was elusive given that its shrouded in secrecy due to the criminal nature, the study suggests that Kenya, Tanzania, Uganda, Burundi, Ethiopia and Rwanda are becoming major sources of trafficked persons, besides serving variously as transit and destination countries.
1.2.0 Objectives of the Study

The primary objective of the study was to establish the extent and magnitude of trafficking in persons in Kenya by establishing:
The major trafficking routes. The methods by which human traffickers recruit their victims. Transportation used by the traffickers. Profiles of the victims. Profiles of the traffickers. Geographical areas affected. The scope of human trafficking in the respective geographical areas. Persons and regions most vulnerable within the country. Establish awareness levels on trafficking in persons. Establish the available legal and institutional mechanisms to deal with trafficking.
insight on human trafficking. In addition, FGDs and a one childs forum was held to discuss some of the issues raised in the quantitative study. The FGDs were conducted in Nairobi, Malindi, Suba and Turkana while the childrens forum was held in Nairobi. Other in-depth interviews were held in Ethiopia and Lebanon with one interview done with a representative of AFRUCA (UK).
1.4.0 Research Limitations

Various limitations were encountered while undertaking the research. The first limitation was the reluctance of respondents (in the in-depth interviews) to share information especially those from the government ministries who restricted themselves to general information. One of the respondents approached was carrying out a similar research and did not want to share information because he felt that he would pre-empt his own study. It was also difficult to get victims as many who are still in exploitative situations are shielded from prying eyes by their masters and many survivors are unwilling to share their experiences due to fear. Many who are foreigners in Kenya also thought they might jeopardize their stay in the country and hence were unwilling to talk . In some cases, especially in in-depth interviews, time was a limitation. Some respondents said they could only be available after a week and this made it difficult to obtain their views especially given that the research was taken within a defined time-frame. In the desk research, the major limitation was lack of documentation on human trafficking in the African continent especially in Kenya and thus it was difficult to get information on the status of trafficking in Kenya. There were no major shortcomings for the FGDs, but given that the topic under discussion was personal to respondents, there was some out- pouring of emotions. The CRADLE provided psycho-social support in such instances.
1.3.0
Study Methodology
The study involved the use of both quantitative and qualitative research methodologies to collect and collate information. Given the nature of the study, information was collected from those who have been affected, are aware of or have dealt with victims of human trafficking. The methods employed in the study included: Desk Research: This highlights available documentary evidence on human trafficking and it involved the search for information on the internet and other relevant literature. Quantitative Study: This was done through a preset and pre-tested questionnaire designed by The CRADLE and the technical expert committee and was administered to victims of human trafficking to establish first hand experiences of victims of human trafficking. The questionnaires were administered in selected areas in the country including the border towns with Ethiopia, Tanzania and Uganda such as Malaba, Busia and Moyale. It also included interviews in areas that have plantations and flower farms such as Kericho, Thika and Naivasha. Qualitative study: In depth interviews were held with identified personalities to provide more
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Section 2 Literature Review on Trafficking in Persons

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2.0.0 Desk Research

2.1.0 Introduction
The United Nations defines trafficking in persons as the recruitment, transportation, transfer, harboring or receipt of persons, by means of threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation includes, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs.3 Due to the complexity of human trafficking that involves domestic, cross-border and international trafficking, there is varying information as to the prevalence rates of trafficking in persons which puts the estimates at anything between 600,0004 to 12.3 million annually5. It is an organized crime business that violates the human rights of persons. It is situated in human history and is seen to take over from slavery, only mutating and taking on more complex forms. Persons vulnerable to trafficking are mainly children and women even though men are also trafficked. Though a global trade, Africa and Asian countries are more adversely affected.
of almost all ancient civilizations and affected mainly the dispossessed or alienated either by debt, war, economic circumstances or race, or what award-winning journalist John Pilger refers to as the unpeople- a massive but quite voiceless underclass of people who are largely invisible, forgotten, and in almost every catastrophe and war treated as disposable.7 In Africa, trafficking dates back to the slave trade era which involved the kidnapping, capture, ill-treatment and transportation of people across the Atlantic to the Americas8. From 1440 onwards, Portugal and Spain imported slaves and established trading posts in Africa. Arab and African traders also trafficked Africans to markets in Arabia, Iran and Asia.9 Brian Iselin of Iselin Consultants, attributes slavery or trafficking to the need to exploit the poor and vulnerable for purposes of economic gain for the rich.10 He notes that in every civilization, slavery has been used for economic development especially of great proportions since slavery or modern-day trafficking almost always involve exploitative labour. This is seen in the Roman Empire where slaves were used in the expansion of the empire through to the Middle Ages (5th and 10th century) where the concept of a serf11 develops. During this time, the church played a significant role in society and influenced public policy and therefore determined who was deemed free or a slave, with of course much favour bestowed upon those who were Christians. The individual was deemed a creature of God with little selfdetermination. The concepts of the church therefore encouraged slavery especially of those outside the church. Inselin notes that there is an enduring pattern over the ages in relation to the concept of slavery or what is now modern-day trafficking. He notes that those less valued people in society are far more at risk of being trafficked, being defined as somehow imbued with less human value than another.12 During the Middle Ages, the nation-states played a significant role in the slave trade as they used slaves for their development. Thinkers of the Enlightenment period (mid-late 18th Century) broke away from the thinking of the Church and
2.1.1
Trafcking History
Trafficking and slavery bear marked similarities. Whereas trafficking as a concept is deemed new, as a practice, it is as old as slavery since they share key elements. President Olesegun Obasanjo of Nigeria had this to say at the first Pan African Conference on trafficking held in Nigeria in the year 2000: Child labour and women trafficking are very much akin to the slave trade era of the eighteenth and nineteenth centuries and we must take the battle with the same doggedness that we took against the slave trade.6 Slavery is recorded in histories
3
The Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing The United Nations Convention Against Transnational Organized Crime; UN 2000 4 Mainly cross border 5 Including internal trafficking within countries. 6 Trafficking in Migrants, IOM Quarterly Bulletin, No. 23, April 2001- Special Issue 7 Brian Iselin, Traffickin in Human Beings: New Patterns of an old phenomenon; A paper presented to Trafficking in Persons: Theory and Practice in Regional and International Cooperation Seminar, 19-21 November 2003; Bogota, D.C.; Colombia 8 Child Trafficking, A Paper Presented at a workshop organized by the US Embassy, Nairobi Kenya, 26thand 27th May 2005; Patrick Solomons, Molo Solongolo Organization, South Africa 9 I id 10 Ibid 11 A serf is a person who is largely treated better than a slave. The power of the master of those in serfdorm is less absolute and legal protection was accorded to serfs. 12 Ibid; Brian Iselin; note 2; page 2
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started developing a concept of an individual as a person with self-determination. It is around this time that there is a movement to abolish slave trade.13 Consequently, from around 1792 onwards, most European countries, the main instigators of the trade, start working to abolish slave trade. In 1814, Great Britain at the Conference of Vienna took the lead to encourage other countries to abolish slave trade. Over the last hundred years, there is a change in thought on the individual or human beings and one thought development that is seen to have had a great impact on slavery is the development of the human rights movement that placed trafficking at the core of human rights violations including violations of the right to life, freedom of movement, liberty and of the freedom from torture, cruel, inhuman and degrading punishment or treatment, amongst others. This is especially since 1904 but with significant strides being attained since 1949 with the United Nations that has seen the development of several international conventions that have at each stage enhanced greater protection against slavery and sought to abolish slave trade and trafficking in persons in all their known forms completely.14 There is therefore a marked difference in the concept of slavery as governments do not sanction the practice as was in the Middle Ages. Instead, governments are now part of a global movement to rid the world of slave-like practices and slavery or trafficking.15 Even though slavery now manifests itself in modern-day trafficking, there are significant differences, the primary being the change in identity of perpetrators. Whereas previously it was sanctioned by governments and the church, the change in philosophy has now seen it in the hands of privateers and has seen the trade taking on shape as an underground criminal activity run by organized crime groups. These organized crime groups have globalized and have intricate networks that they use in this trade. With industrialization, the world has witnessed technological advances, mass markets, the birth of corporations, booming international travel opportunities and unprecedented movement of people across borders. All these have connived to create great demand and easy supply of persons in various countries. According to Mr. Inselin, demand exits in various forms: in developing economies for masses of labour
13 14 15 16 17 18 19 20 21 22
to undertake development-building tasks in fields such as construction, mining and plantations; in developed economies demand exists for those willing to do jobs that economys citizens are not (the so called three Dsdirty, dangerous and degrading).16 As the world changes, criminology has evolved and there have grown intricate trafficking networks to deal with the demand and supply of persons globally. Over the last 15 or so years, world attention has been drawn to the alarming increase in cases of trafficking in persons.
2.1.2
2.1.2.1
Nature, Scope and Trends of Trafcking in Human Beings

International Dimension
THB is a complex, multifaceted and dynamic phenomenon that occurs globally, regionally and nationally and has many dimensions to it. It is an organized criminal activity operated by intricate criminal networks and has many phases including the organized crime business, immigration, human rights, gender rights, child rights, victims rights and justice issues.17 It is considered one of the largest sources of profits for organized crime, generating seven to ten billion dollars annually according to United Nations estimates, a figure that rivals trade in small arms and drugs.18 Chinese, Asian, Mexican, Central American, Russian and former Soviet Union gangs are among the major trafficking networks. These include the Chinese and Vietnamese Triads, the Japanese Yakuza, South American drug cartels, the Italian mafia, and Russian gangs.19 Due to the complexity of THB, there is varying information as to the prevalence rates of trafficking in persons which puts the estimates at anything between 600,000 to 12.3 million annually. The US Department of State reports that between 600,000 700,000 men, women and children are trafficked across border annually.20 The UNDP puts the figure of persons trafficked across international borders annually to anything between 700,000 to 2 million and 4 million if one includes domestic trafficking.21 The United Nations estimates the figure of human trafficking at over four million.22 ILO estimates that a total of 12.3 million persons are enslaved in forced labour, bonded labour, child labour, sexual servitude, and involuntary servitude
Ibid: Brian Iselin; note 2; page 3 Ibid; Brian Iselin; note 2; page 3 Ibid. Ibid page 4 Training Pack of ABA, Africa Law Initiative, 2005; Prepared by Mumbi Njau Cited in the CRS Report for Congress: Trafficking in Women and Children: The U.S. and International Response, March, 2004 Ibid US Department of State Report, June 3, 2005 Some Facts and Figures on THB, Training pack of ABA, Africa Law Initiative, 2005; Prepared by Mumbi Njau Research by Merabl Kiremire, Associate with the Africa Gender, Institute, 2004, reported in Electronic Monday Paper, Africa Feeds New Slavery, Volume 23 No 19., 19th July 2004, Africa Gender Institute Promoting justice for children, the future in our hands!
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at any given time.23 International trafficking is the most sophisticated form of trafficking occurring mostly from developing countries to developed countries where the victims undertake dirty, dangerous and degrading jobs and meet the demand for sexual services.24
2.1.2.2
Regional Dimension
Asian and African countries are more adversely affected by THB. It is suspected that the largest numbers of victims are mainly from Asia and the Pacific according to the U.S. Department of State.25 Thailand, Cambodia and the Philippines are popular destinations especially for sex tourism by persons from North America, Japan and Australia26. Other countries with prevalence in cross border trafficking in this region include Burma, Laos, Vietnam and the Southern Yunan province of China.27 In Europe, the former Soviet Union and Central and Eastern Europe are first growing as the main source of women trafficked to Western Europe with victims coming from countries such as Russia, Ukraine and other East European countries. Trafficking has increased with the rise of criminal gangs in Russia. Other areas with organized gangs include Serbia, Chechnya, Estonia, Albania and Italy. Western Europe is mainly a destination country and so is the USA. The Middle East is mainly a destination country of women especially from Asia and Africa that are trafficked as prostitutes or brides28. Victims of trafficking from the Caribbean and Latin America mainly end up in Western Europe and the United States where they are engaged in forced prostitution29. Trafficking in persons in Africa involves many countries, what differs is the form and extent of the same. Destination countries for trafficking in Africa include developed Western countries such as Australia, United States and European Countries and also includes the Middle Eastern countries. It is estimated that forty five of Africas 54 countries are involved in human trafficking30.
These include countries such as Angola, (mainly a source country), Benin, (source, transit and destination), Burundi, (source and transit country), Burkina Faso, (source, transit and destination), Cameroon, (source, transit and destination), Cote DIvoire (source and destination), Democratic Republic of Congo (source), Ethiopia (source), Equatorial Guinea (transit and destination), Gabon, (destination), Gambia (source, transit and destination), Ghana, (source, transit and destination), Guinea, (source, transit and destination), Liberia, Madagascar, (source), Malawi, (source and destination), Mali, (source, transit and destination), Mauritania, (source and destination), Mauritius, (source and destination), Mozambique, (source), Niger, (source and transit), Nigeria, (source, transit and destination), Rwanda, (source), Senegal, (source, transit and destination), Sierra Leone, (source, transit and destination), South Africa, (source, transit and destination), Sudan, (source and destination), Tanzania, (source and destination), Togo, (source and destination), Uganda, (principally source), Zambia (source and transit) and Zimbabwe (source and transit country).31 In most countries it occurs mainly for agricultural and domestic purposes even though other victims are also used in the sex industry and in mining. Most of the trafficking involves movement from countries that are perceived to be more economically and politically stable in the region. For example, many Malian children are employed on cocoa and coffee plantations in neighboring Cote dIvoire.32 In a research in Zambia, it was revealed that most persons trafficked are used in other countries to crush stones for building, as farm labourers, domestic workers or drug couriers. Others are used as dancing queens in other countries.33
2.1.2.3
National (Kenyan) Dimensions
In Kenya, limited comprehensive research has been done on trafficking in persons. Kenya has however been classified as a country of origin, destination, and transit for victims of trafficking.34 Trafficking in Kenya is mainly for purposes of sexual exploitation and forced labour.35 Main destination countries for Kenyan victims
23 Some Facts and Figures on THB, Training pack of ABA, Africa Law Initiative, 2005; Prepared by Mumbi Njau 24 Training Pac of ABA, Africa Law Initiative, 2005; Prepared by Mumbi Njau 25 CRS Report for Congress; Trafficking in Women and Children: The U.S. and International Report; March 26, 2004; Francis T. Miko, Specialist in International Relations Foreign Affairs, Defense and Trade Diviision. 26 Ibid 27 Ibid 28 Ibid 29 Ibid 30 Electronic Monday Paper, Africa Feeds New Slavery, Volume 23 No 19., 19th July 2004, Africa Gender Institute 31 US State Department Report, 2004 32 Trafficking on African Children in the UK: Myth or Reality; A Report of a Seminar to Commemorate the Day of the African Child by AFRUCA; 20, November 2002; UK, pp 8 33 Electronic Monday Paper. 34 U.S. Department of State, Trafficking in Persons Report, 2004: http://www.state.gov/g/tip/rls/tiprpt/2004/33189.htm 35 U.S. Department of State, Trafficking in Persons Report, 2004: http://www.state.gov/g/tip/rls/tiprpt/2004/33189.htm
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include Lebanon, Kuwait, Saudi Arabia, UAE and Yemen especially for domestic labour.36 Women are also trafficked to Germany, Italy, Saudi Arabia, the UK and Italy for sexual exploitation. Internal trafficking involves the movement of especially children from rural areas especially of Western Kenya, to urban and coastal areas to work in the labour market into involuntary servitude, including work as street vendors, prostitution including sex-tourism industry, domestic labour and in plantations and farms. Official estimates from a survey conducted by the Central Bureau of Statistics indicate that between 10,000 and 30,000 children are involved in commercial sex work in Kenya.37 Kenya is also a transit country and victims are trafficked from South Asian and East Asian countries and the Middle East through Kenya to European destinations for sexual exploitation38. Kenya is also a destination country as nationals of Asian countries such as Indians, Bangladeshi, and Nepalese, are trafficked into Kenya and coerced into bonded labour in the construction and garment industries.39 It has also been suggested that South Asian women especially from India are brought in as performers but end up sexually exploited.40 Women and children are also trafficked from Burundi and Rwanda to coastal areas in Kenya for sexual exploitation in the growing sex tourism industry.41 The annual U.S. Department of State Trafficking in Persons Report of 2004 listed Kenya under Tier 2 (watch list).42 This means that Kenya does not fully comply with the minimum standards for the elimination of trafficking and because the absolute number of trafficking victims is significant and there is a failure to provide evidence of increasing efforts to combat severe forms of trafficking in persons from the previous year.43 Most of the victims are lured with promises of sophistication, payment of school fees, offer of high-paying jobs abroad, accompanying parents abroad (especially in Italy) for children,44 some are forced by parents to get into sex-slavery to bring money back home and others are told they will be traditional dancers but end up sexually exploited.45 It is estimated that there are more than 500
foreign-owned private villas in Malindi alone. Most are located in isolated areas with great security where it is suspected that most children are sexually exploited. House-help bureaus, massage parlours, bars and lodgings are often used to recruit victims. Notorious dens include Aden and Karuma Indo in River Road, Nairobi and Westlands area where there are massage parlours concealed as residential homes.46 In previous years there were isolated cases of trafficking reported. However over the years, there has been a significant increase in number of cases in the pubic domain relating to trafficking in persons or that are suspected cases of trafficking in persons. In 1999 Caroline Gathoni Mwangis case that was very highly publicized spiraled the reporting of many other such cases.47 She had gone to Lebanon in 1997 where she had been promised a job as a beautician at a monthly salary of US $ 400 (Kshs. 32,000). However upon arrival at Beirut, her travel documents and documents of identification were confiscated and she was instead employed as a domestic worker where she worked under deplorable conditions for long hours with only two hours of sleep everyday. She was hardly allowed to communicate with her family at home. She met other women from Ethiopia, Sudan and the Philippines who were under similar situations and one time met one Kenyan woman who was employed in the same household but later dismissed as the masters of the house were not happy with her. Caroline eventually managed to leave through the assistance of her sister who lived in the USA who had to hire a lawyer to get Caroline out of her bondage. On return to Kenya, she discovered that the agency that had contracted her did not even remit the entire agreed sum to her family at home. In 2001, The CRADLE dealt with a suspected case of trafficking in children involving a Dutch national who was accused of sexually exploiting several children in Kenya. He had established a school in one of the slums in Nairobi
36 GTZ Trafficking Report, page 27 37 Daily Nation, 14th August 2005, page 4 38 U.S. Department of State, Trafficking in Persons Report, 2004: http://www.state.gov/g/tip/rls/tiprpt/2004/33189.htm 39 U.S. Department of State, Trafficking in Persons Report, 2004: http://www.state.gov/g/tip/rls/tiprpt/2004/33189.htm 40 Study on Trafficking in Women in East Africa; Elaine Pearson, GTZ, December, 2003; 41 U.S. Department of State, Trafficking in Persons Report, 2004: http://www.state.gov/g/tip/rls/tiprpt/2004/33189.htm 42 U.S. Department of State, Trafficking in Persons Report, 2004: http://www.state.gov/g/tip/rls/tiprpt/2004/33189.htm 43 U.S. Department of State, Trafficking in Persons Report, 2004: http://www.state.gov/g/tip/rls/tiprpt/2004/33189.htm 44 These parents are themselves trafficked 45 Current Status of Sexual Exploitation of Children in Tourism in Kenya; A Report Prepared for the Regional Consultation for Africa Workshop on the Protection of Children against Sexual Exploitation in Tourism-Dakar, Senegal between 30th September to 1st October 2003, Elijah Kasati, Ministry of Tourism and Information, Department of Tourism, Kenya; Alphaxard Chabari, ECPIK 46 The Hidden Child Sexual Exploitation in Kenya; A Baseline Situational Survery Conducted in Nairobi, Mombasa and Suba; 19th December to 5th January 2004 47 999 FIDA (K) Annual Report on the Legal Status of Women in Kenya Promoting justice for children, the future in our hands!
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where he recruited poor children and hosted them in a boarding school where only girls were allowed to board. It was alleged that he not only developed a list of over 70 young girls against whose names were marked the words virigin or not virgin, impying that he had had some sexual encounter with all of them, but that he also exposed the children to phonographic materials. It was further alleged that some of these girls were taken with him for holidays in Mombasa where he introduced them to his friends as spring chicken which was incidentally, the name of the school.These friends were alleged to sexually exploit these girls. One of the girls noted that the name of the school symbollically marked the source of young unexploited girls that could be used sexually. The CRADLE held legal brief for three of the girls who had accused him of sexually exploiting them while at his school.48 During investigations, the police instead continually harassed the young girls who had accused him including continuously arresting and charging members of their families on fabricated criminal charges. At one point witnesses were arrested at the precints of the court when they went to give evidence and these included 9 and 10 year-old orphaned girls. Unfortunately, due to poor investigations and interference by the police, the accused who was charged with several offences, was acquited on all counts he was charged with. It is alleged that he has since moved to Western Kenya where he has opened and is now operating a new school. Within this period, The CRADLE received reports of similar occurences in 2 other children institutions run by foreigners. Investigations did reveal improper practices in the institutions but no conclusive evidence of sexual abuse was established. The years 2004 and 2005 saw an increase in the number of reported cases of trafficking or suspected trafficking cases. The Scotland Yard, alarmed at the number of unexplained deaths involving African children in the UK, undertook workshops with the Asian and African communities and developed a report on the same. The report on the abuse of African children in the UK showed evidence of trafficking of African children in the UK.49 A partnership study (involving the Metropolitan Police, Immigration Services, NSPCC, Child Protection Unit of the Police and other agencies) of child migration to the UK via Heathrow undertaken in late 2003 and January 2004 evidenced the possibility of trafficking of African children.50 Out of 551 unaccompanied minors that went
48 49 50 51 52 53 54
through Heathrow within the period of review, 28 were unaccounted for with the largest category being African girls.51 14 were consequently established to have given false addresses and had since left the country. This gives credence to the earlier report that many African girls especially of West African descent are trafficked to Italy and other countries for sexual exploitation.52 These reports put in focus the Kenyan Miracle Babies saga of Bishop Gilbert Deya where women past their child-bearing ages purported to have given birth to miracle babies in Kenya with the help of prayer. In the Deya case, women who are infertile or post-menopausal where purportedly prayed for and sent to Kenya to have their miracle children. Some were able to deliver in a record 2 months time upon arrival in Kenya. Upon seeking travel documents from the British High Commission, inconsistencies emerged in their documents and the matter was referred to the Kenya police who conducted a raid in the Deya home and arrested his wife and two other women.53 There were 19 children arrested in the Deya home and that of his associates. Only 1 of the childrens DNA matched the Deyas. The other childrens DNA did not match any of the other womens. While highlighting the possibility of trafficking of Kenyan children out of the country, the Deya case put in focus the possibility of an intricate network for child stealing at Pumwani Maternity Hospital that is the largest maternity hospital in Kenya. Over the years, there have been allegations of child stealing from this hospital with many couples alleging they had lost their children at the hospital after delivery. In June 2004, the Kenyan media did an expos of the hospital after many reported cases of lost children in the hospital. One of those cases was reported to The CRADLE and involved a child who had purportedly died of HIV/AIDs yet the parents were negative. It was largely suspected that this was not their child and their child could have been stolen. A court order was obtained to exhume the body and determine the parentage of the child but no conclusive DNA tests were given by the government of Kenya in an effort that was deemed largely to safeguard the governments image.54 Following the media expos, the government set up an investigative task force which gave its report on August 20th 2004. The task force noted that there were loopholes that made it possible to steal children but found no evidence of child-stealing despite the fact that different
Republic Vs Hans Vriens; CMC Criminal Case No. 1380 /2001 AFRUCA Report Paladin Child; A Partnership Study of Child Migration to the UK via London Heathrow, 2003-2004 Paladin Report, page 7 AFRUCA Report Associated Press, St. Petersburg Times Online; http://www.sptimes.com/2004/09/02/Worldandnation/Kenya_suspect_ child_shtml In the Matter of Anne Mumbi (Deceased); Charles Ndungu Nderitu and Eunice Wangui; CMC Misc Civil Application No 114/2004
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people made presentations noting that they had lost their children in the hospital. It is highly suspected that the poor recording and security system makes the hospital a lucrative center for child-stealing. This is compounded further by poor child-birth registration systems and laxed adoption laws. Following hot on the heals of the Miracle babies saga have been other suspect cases. In June 2005, an Australian man A Mr, Gianstefani was arrested for the disappearance of a woman and his son. During investigations it emanated that Mr. Giastafeni and his wife Susan had previously been given a suspended six-month jail sentence in July 2000 in Britain for refusing to reveal the whereabouts of 16-year old teenage boy, Bobby Kelly who had left home to join a religious sect run by Mr. Giastafeni. The cult formed in Sydney Australia, by David Mackay, had spread to Europe and Africa and they persuaded their followers to leave their jobs, families and home to show their commitment to God.55 Even though the woman latter resurfaced at the police station, it is suspected that similar cults may be used to exploit persons who are vulnerable as the woman had purportedly forsaken everything to sell religious literature for the sect. The largely publicized case of Mrs. Anne OBrien, 32 (formerly Anne Wambui Muya) also shows the extent of trafficking involving Kenyans. Mrs. OBrien who originally came from Uthiru in Kenya and who used to be a vegetable vendor in a city market in Nairobi, relocated to Ireland where she married a Mr. OBrien. They then relocated to London where she set up a multi-million sex empire at a 1.27 million pounds six bed-roomed Georgian terrace situated on 32 Upper Berkley Street, in Mayfair, Central London. The police became suspicious when they noted the age and number of girls living in her apartment. An investigation and subsequent raid by the police revealed that she operated a sex-trade empire. She was found guilty by the Southwark Crown Court of controlling prostitutes between October 10, 2003 and April 15, 2004.56 Her trade empire included women and girls, some as young as 14 years who were detained and had their passports confiscated. During the police investigations, it emerged that OBrien had banked a total of 1.6 million pounds (Kshs. 224 million57) in 27 accounts under company names Marble Arch Services, Anne Hair and Beauty and Dream Girl Creations. Even though she was not charged with trafficking, the fact that she had young girls in her trade and restricted their movement
55 56 57 58 59
signifies trafficking. Most prostitutes were from the UK and European Union and reportedly earned more money than those from Eastern European countries like Romania, Lithuania, Venezuela, Far East Asian Countries like Thailand and African countries. Her African supply stretched from Kenya to the Democratic Republic of Congo, Uganda and Tanzania. During the same period, a woman who had gone to Germany on the promise of a job, came back to Kenya and accused her employer of exploiting her while she was in Germany. Back at home, two sisters aged 33 and 36 years old were arrested by the police for luring young boys in to their home under the guise of religious education but instead they ended up asking the boys to steal food from their homes and they would then have sex with the boys in turns.58 At the time of their arrest, 9 boys were found detained in their house, all of them aged between 12 and 15 years. It is suspected that religion is often used in Kenya to camouflage illegal activities such as trafficking since most people trust religion.
2.1.2.4
Victim and Gender Prole
Even though boys are also trafficked, the persons more severely affected are mainly women and girls. Most African women and girls are trafficked internationally for purposes of sexual exploitation, domestic labour, witchcraft and sale of organs. In the UK, there is evidence of many African children being used in all of the above. West Sussex Social Services reported that there are incidents where girls mainly from West Africa who travel to the UK seeking asylum disappear from care institutions.59 Many of them are found in Italy in forced prostitution. Ms Chitty who works with the West Sussex County Council told participants at a workshop that the first girl went missing from their care on 10 October 1995 followed by a second girl on 9 October 1996 and since then several girls have gone missing including 7 in 1997 and 9 in 1998. In total as at 2002, 66 girls had gone missing. Through investigations, a particular trafficking route had been established involving mainly West African girls who come from Benin in Nigeria through Gatwick, to London, Belgium and finally Northern Italy. The persons who were mainly at risk were women and girls aged 16-28, from West Africa (Nigeria, Sierra Leone and Liberia). Most of the girls are under the spell of juju by the traffickers who warn them of dire consequences if they reveal any details. Consequently
The Daily Nation, Kenya, Thursday 23rd June, 2005 The Standard, Kenya, Saturday, May 28, 2005 The Daily Nation The Standard, Monday, June 13, 2005 Trafficking on African Children in the UK: Myth or Reality; A Report of a Seminar to Commemorate the Day of the African Child by AFRUCA; 20, November 2002; UK, pp 10 Promoting justice for children, the future in our hands!
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most of them do not reveal what happened to them. Most are also threatened should they wish to reveal information about traffickers and one victims family was beaten up by traffickers in Nigeria after they asked about her whereabouts. However, the number of Kenyans affected by trafficking in the UK, though largely unknown, is suspected to be limited as compared to trafficking from Western African countries. Research in various websites shows that the typical trafficked victim is usually young and desperate for decent work (and money and is willing to take a chance for a better life). Many lack advanced education, have a history of violence in the home (including spousal abuse, rape and incest) and a sinking despair that helps complete the picture. The individual is looking for a way out of poverty and violence that surround her in her home (country). These factors make the victim ripe target for recruitment by the traffickers who lure her into the world of trafficking with false promises of good jobs abroad with fraudulent prospects for a better life.
There are therefore factors related to the supply and others related to the demand side of the trade. The supply factors act to make the victims vulnerable to abuse whereas the demand factors respond mainly to profits and hence need for constant supply for the commodity: exploitable human beings. The supply factors include the following: War and internal armed conflicts According to a recent study by the United Nations Childrens Fund (UNICEF), trafficking in persons for forced prostitution or labor is exacerbated by war, poverty, and flawed or non-existent birth registration systems in most African countries.61 The study also found that Africas 3.3 million refugees and its estimated 12.7 million internally displaced persons are those most vulnerable to trafficking.62 In many countries, children and women are forcefully conscripted to the army both by governments and rebel groups. These include the Lord Resistance Army of Kony in Nothern Uganda where young girls are turned to sex slaves. This has also been reported to be happening in Burundi. Poverty Poverty also aggravates an already desperate condition caused by conflict, discrimination and repression63. According to Debbie Ariyo, the director of AFRUCA in the UK, Whichever way you look at it, poverty is the main reason why our children suffer so much.64 Flawed birth registration systems Because children who are not registered at birth never formally acquire a nationality, they are easily trafficked between countries. This is why in Kenya, it is apparent that it is not easy to account for children like in the miracle babies saga as the registration system is still not very good. Protection of the Tourism Industry It is believed that even though the government knows that there is a growing exploitation especially of children in the tourism industy, it does not want to take serious action as it might jeopardize the tourism industry that is a main foreign exchange earner for Kenya. A study by ECPIK revealed rampant abuse of girls in the Coast by Gernmans, Britons, Germans and Italians.66
2.1.2.5
Trafcking Routes
Kenya is emerging as a centre for human trafficking in East Africa. It is a country of origin, transit and destination for internal and international trafficked victims. Much of the trafficking is done for labour and sexual exploitation. Victims come from neighboring Uganda, Tanzania and increasingly from Somalia and Sudan. There are also reported cases of trafficking of women from South East Asia. Internal trafficking of children for commercial sex purposes involves bringing children from impoverished rural areas to urban areas. Most commonly, girls are trafficked to the cities from the northern part of Kenya for purposes of prostitution. Those from the Western part of Kenya are trafficked for the purposes of household service, because they are perceived to be skilled in cooking and housekeeping.60
2.1.3
Factors that Contribute to Trafcking
THB is big organized crime whose principle commodity is human beings. As a business, it is dictated by supply and demand factors, profits and economices of sale.
60 61 62 63
End Child Prostitution, Pornography, and Trafficking (ECPAT) International Online Database, 25 March 2003, http://www.ecpat.net. Jonathan Fowler, UNICEF: Human Trafficking in Africa Fueled by War, Economic Hardship, and Lack of Birth Registration, Associated Press, 23 April 2004. Jonathan Fowler, UNICEF: Human Trafficking in Africa Fueled by War, Economic Hardship, and Lack of Birth Registration, Associated Press, 23 April 2004. Child Trafficking in West and Central Africa, an Overview; A Paper Presented at a Pan African Conference on Human Trafficking Organized by WOTLEF at Abuja, Nigeria; February 19th 23rd 2001; Dr. Rima Salah; UNICEF Regional Director for West and Central Africa 64 AFRUCA News, The Newsletter of Africans Unite Against Child Abuse, Issue 2, February 2004, 65 Current Status of Sexual Exploitation of Children in Tourism in Kenya; A Report Prepared for the Regional Consultation for Africa Workshop on the Protection of Children against Sexual Exploitation in Tourism-Dakar, Senegal between 30th September to 1st October 2003, Elijah Kasati, Ministry of Tourism and Information, Department of Tourism, Kenya 66 Ibid, ECPIK Study
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Gender Inequality and the Low Status of Women and Girls Given the low premium placed on the worth of women and girls, it is more acceptable even for the society to exploit them. Hence trafficking is downplayed.67 HIV/AIDS It is estimated that Kenya has 250,000 street children, 60,000 of whom are in Nairobi.68 Further, as many as 892,000 children in Kenya have been orphaned as a result of HIV/AIDS69 and do not have the necessary traditional or government support system. This makes them vulnerable to false promises and subsequent exploitation by traffickers. Unemployment Spiraling unemployment rates in most African countries has led to the rise in rural-urban migration, regional and international migration in search of better opportunities.70 There is therefore a notable trend of many women and children moving from one African country to the next in search of jobs and also outward movements from the continent. A research by Anti-Slavery International in Western Africa shows the increasing trends in trafficking. In Benin alone, the number of children intercepted at the Benin border rose from 117 in 1995 to 1067 in 1999.71 Many people looking for jobs are vulnerable to exploitation by traffickers who are skilled at developing fake travel documents and identifying gullible and unsuspecting persons for the trafficking industry. The better life syndrome The better life syndrome has also seen many women and young girls fall prey to trafficking. For instance in Cameroon, many girls are lured to Europe by fraudulent marriage proposals offered through Swiss and French prostitution networks or marriage brokers.72 This practice is also similar to situations in the Coastal region of Kenya where many women are promised marriage to rich Sheikhs in the UAE and other Middle Eastern countries but instead end up sexually exploited or used in domestic labour. Growth in Technology This is an area that is difficult to control or monitor and yet it is used to recruit potential victims. Many people are
67 68 69 70
lured through the internet for jobs abroad or with false promises of husbands abroad but only end up sexually exploited once they arrive.73 Traditional slave trade practices There are also vestiges of traditional slave trade in some countries where people are bonded as slaves and own no assets or skills and are therefore compelled to stay with their masters. Reports indicate that these may still be found in Niger and Mauritania. On the other hand there are factors that may be largely attributed to demand side of trafficking. These may include the following: Trafficking for labour and debt bondage Trafficking for labour ranks high especially for domestic trafficking. Child labor is prevalent in Kenya, with an estimated 41.3 percent of children between 10 and 14 years of age being exploited for cheap labor.74 They are used both in domestic labour and in tea, coffee and flower plantations. Other forms of labour include work in sweat shops, factories and home industries. For instance in Kenya, many women have complained of exploitation in the EPZ zones that produce items for the export industry. Given that there is little regulation of work and few options for these women, many are forced to endure the exploitation. Debt bondage, though not common in Kenya, is also prevalent in some countries where individuals are forced into bondage to pay off family debts that are often inflated by the debtors making it impossible to pay off the same. This results in persons becoming slaves for life and they end up being used in dangerous, dirty and degrading jobs such as prostitution.75 In a case reported by GTZ, a 9-year old girl living in the outskirts of Nairobi was abducted while she was at a wedding as a flower girl. She was locked up in a room with another young girl but managed to escape after six days. It turned out that the abducter was a family friend who wanted to hire her out as a domestic worker. Illegal Inter-Country Adoptions In many countries, childless couples who are unable to get children for adoption from their own countries turn to the poorer countries for children to adopt. They find a ready market of poor women or children who are
Ibid Kenya Plans to Rehabilitate Prostitutes, Panafrican News Agency Daily Newswire, 26 April 2003. UNICEF Envoy Urges Abolition of Fees in Primary Schools, Panafrican News Agency Daily Newswire, 18 February 2004. Trafficking on African Children in the UK: Myth or Reality; A Report of a Seminar to Commemorate the Day of the African Child by AFRUCA; 20, November 2002; UK, pp 8 71 Ibid, Trafficking on African Children in the UK; pp 8 72 U.S. Department of State, Trafficking in Persons Report, 2004: http://www.state.gov/g/tip/rls/tiprpt/2004/33189.htm 73 74 Lost Childhood: WTOs Failure to Check Evils of Child Labor, Statesman (India), 4 February 2002. 75 Inselin Consulting; page 7 Promoting justice for children, the future in our hands!
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orphaned and can be sold at a price. Many pregnant women are reportedly involved in childtrafficking, in which babies who are days old are sold by the mother or by other individuals.76 One suspected case is the infamous Deya case or the miracle baby saga, as it has come to be commonly known where children are suspected to be trafficked to the UK for purposes of illegal adoptions.77 Child-Sex Tourism Child sex-tourism has also been increasing in Kenya. Although most victims are girls, there is an increasing number of cases of boys being exploited by foreign sextourists. Reportedly, both local and foreign tour agents guide tourists to specific areas where they can find children in prostitution. For example, in Malindi and Mombasa, the organizers of tourist-oriented traditional dances use children in their shows, and it is not uncommon for tourists to request sexual favors from the performers. Child prostitution is also widespread in towns that have foreign military bases (for instance, Nanyuki).78 It has also been established that there are small rings that use Villas to lure and exploit girls sexually in the Coast. These rings use employees of the Villas to identify virgins for tourists at a fee.79 Others use familial networks in the Coast for instance around Diani and Ukunda where some women are known to lure young girls for tourists. This also involves Kenyan women married to foreigners. Even though the persons who stay in the neighbourhood have reported suscpicious activities involving young children including children as young as 8 years frequenting the house of some foreigners where they are often heard screaming after being locked in the bedroom, not much is done by the police who are said to be part of the ring to exploit girls.80 Marriage and Mail Order Brides The advancement in technology has seen an increase in internet related crimes such as mail-order brides. Organized crime groups are becoming increasingly involved in running escort services and brothels using smuggled and trrafficked women81. Such cases often uncovered in the destination countries have the hallmarks of transnational organized crime trading in vulnerable and exploited women, and using legal brothels and dating agencies as cover. In Kenya, many girls are forcefully
76 77 78 79 80 81 82 83 84 85 86
married to richer men by their families and a growing trend involves arranged marriages out of the country that at times turn out to be trafficking avenues. Prostitution and Sexual Exploitation Many victims of trafficking are lured with promises of good jobs abroad but instead end up sexually exploited. Trafficking for purposes of sexual exploitation has grown exponentially over the years82. Benefit Fraud Many parents give away their children to relatives in developed countries with the hope that the children shall have a better life, but instead the children get exploited as they are moved from parent to parent for purposes of benefit fraud. In some countries, a person is able to receive certain benefits from the state if they have child dependants. Thus many people end up taking children from Africa and using the child to claim benefits83. Sale of Organs and Ocultic Practices Sale of organs and witchcraft also form key demand factors.84 It is suspected that Nigerian children are trafficked for occult purposes in the UK. Some of the reasons are sinister and in a Zambia research, some prostitutes bore strange skin markings that upon further investigations revealed that many of the women are injected with some chemicals which enable the skin to lift off the body and the same is exported. The women are paid for the sale of their skins and they remain with burnlike marks.85 These may be used to make handbags and other exotic materials. By the end of 2003, for instance, the National Kidney Foundation of the United States estimated that 56,598 people needed kidney transplant but only a small percentage got them.86 In Britain, it was also noted that although over 25,000 people are on dialysis and need kidney transplant, slightly over 2000 had transplants by early 2005. This may lead to a large demand for organs hence the trade in organs. A kidney is estimated to cost between 10,000 to 30,000 in Europe and the prices of the other organs such as the heart that are only retrieved upon killing a person are much higher. The trade in trafficking in persons respond to this demand with some people being forcefully taken to respond to this supply or others forced to sell their organs for the same. It is suspected that the persons
Babies on Sale at 750 Dollars in City Slum, BBC Monitoring International Reports, 3 December 2002. Ibid ECPAT International Online Database, 25 March 2003, http://www.ecpat.net. Ibid, ECPIK Report ECPIK Report Inselin Consultants; page 8 Trafficking in Human Beings, A Background Paper, UNODC, 2005 Trafficking of Children to the UK: Denouncing the Better Life Syndrome: Seminar Report; 14th October 2003, Lagos Nigeria; Organized by AFRUCA, UK Electronic Monday Paper, Africa Feeds New Slavery, Volume 23 No 19., 19th July 2004, Africa Gender Institute Electronic Monday Paper, Africa Feeds New Slavery, Volume 23 No 19, 19th July 2004, Africa Gender Institute An AWC Feature, in Daily Nation, Thursday March 24, 2005
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targeted for the sale in organs are girls and women from war-torn countries and others looking for better life abroad including Kenyan women. Once they arrive in their countries of destination, they are put under anesthetics and their organs removed without their knowledge. Some are killed for the vital organs. Begging and Hawking Many children are forced into begging and hawking for the benefits of their masters. They only get paid a fraction of what they get from this process. Other times this is done by older children living on the streets who control certain turfs and the earnings from these turfs. Armies and Militias Many children are recruited into armies and militia groups forcefully. The Lords Resistance Army of Northern Uganda is notorious for this kind of action and they use the children as child soldiers, errand boys and sex-slaves.
in 2003 with U.S. assistance to combat trafficking in persons.91 However, the unit is yet to be fully equiped with gargets and personnel that can make it easier for them to deal with cases of trafficking. There has also been established an inter-ministerial agency on trafficking in persons which is also still in its infancy. Currently, CSOs are not involved in the agencys work. Unfortunately, the agency has no structure or programs to deal with issues of trafficking and hence survivors or returnees do no get the necessary support. The government has also started putting in place mechanisms to combat the forgery of documents that is often an access route for traffickers and illegal immigrants. In May 2005, the Immigration department in a joint venture with the Netherlands, launched a forgery detection unit at the Kenyas main airport, Jomo Kenyatta International airport.92 The unit is to be used to spot forged documents such as visas, passports and other travel documents. The launch of the unit was timely as it came at a time when Kenya was dealing with the spiraling of transnational crimes such as drug trafficking, money laundering and trafficking in persons. While launching the devise, the then minister for immigration, honorable Linah Chebii Kilimo noted that some 600 illegal immigrants had entered the country in 2004 and that as at May 2005, some 150 illegal immigrants had entered the country. It was expected that the unit would be installed not only in Nairobi but in Mombasa, Kisumu and Eldoret airports and together with the Personal Identification Secure Comparison and Evaluation System (Pisces), the country would be in a better position to control illegal immigrants, one way of promoting trafficking in persons. The Ministry of Home Affairs established an office in Saudi Arabia to provide assistance to Kenyans who work there. In response to reports of Kenyan nationals being victimized by fraudulent employment schemes, in the Middle East, the Ministry of Labour operated a program of education, awareness, and inspection for agencies that facilitate employment of Kenyans oversees.93 The program seeks to protect Kenyans from exploitation by informing them of their rights. Persons seeking to work with reputable firms abroad fill their contracts at the Ministry. More recently, the government began a registration program for coastal guesthouses, in part to deter sex tourisms.94
2.1.4
Forms of Trafcking
Victims of trafficking are commonly lured with false promises of employment abroad, but they end up in the sex industry instead.87 The number of children trafficked from Kenya to the United Kingdom has reportedly increased in recent years.88 Parents often pay significant sums to send their children to the United Kingdom believing that the children will have a better life there. On arriving, however,the victims are coerced into prostitution or forced labor.89 The most common forms of trafficking in from and within Kenya are theft of toddlers, abduction for forced marriage, confinement of child-domestic servants, abduction for use in occult practices, illicit inter-country adoptions and false promises.90
2.1.5
Government Response and Initiatives toStop Trafcking
It is not until recently that the government has undertaken decisive action on trafficking in persons. Other actors have also been instrumental in undertaking initiatives to stop THB. A human trafficking unit in the police force was created
87 88 89 90 91 92 93 94
Kenya: Using IT to Trace Lost, Missing Persons, Africa News, 9 June 2003. Kim Sengupta, Thousands of Children Victims of Trafficking, Independent, 30 July 2003. Kim Sengupta, Thousands of Children Victims of Trafficking, Independent, 30 July 2003. ECPAT International Online Database, 25 March 2003, http://www.ecpat.net. U.S. Department of State, Trafficking in Persons Report, 2004: http://www.state.gov/g/tip/rls/tiprpt/2004/33189.htm The Daily Nation, Friday, May 27, 2005 U.S. Department of State, Trafficking in Persons Report, 2004: http://www.state.gov/g/tip/rls/tiprpt/2004/33189.htm U.S. Department of State, Trafficking in Persons Report, 2004: http://www.state.gov/g/tip/rls/tiprpt/2004/33189.htm Promoting justice for children, the future in our hands!
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Players in the tourism industry in Kenya have also been instrumental in dealing with trafficking especially as relates to child-sex tourism. They recently launched a campaign to stop sexual exploitation of children for commercial purposes. The team comprising hoteliers, tour operators, NGOs and government departments have developed a code of conduct to protect children from the vice. Among those already implementing the rules locally include Kuoni of Scandinavia, LTU of Germany, Ventaglio di Viaggio/Venta Club Temple Point and Hotel Plan AG of Switzerland and TUI of the Netherlands.95 Awareness of human trafficking in Kenya is evident at the government level. Reports have indicated that the Kenyan government, has, in the recent past, detained a number of people identified as potential victims of trafficking and were being transported through Kenya. These individuals include two Indian nationals with forged Cyprus visas, four Somali nationals with forged Ethiopian passports, and two other Somali nationals with forged Danish passports. The Kenyan Immigration Department arrested and deported more than 70 illegal migrants from Bangladesh, India, and Somalia, and from a number of other Asian countries in 2003. More than 30 Somali migrants without passports were arrested in the same year at Taita Taveta and Lunga Lunga border points.96 Unfortunately, due to the hidden and complex nature of trafficking, at times many cases that could be cases of trafficking are not treated as such. For example the case handled by The CRADLE involving the Dutch national, he was not charged with trafficking even though it seemed a clear case of trafficking. NGOs have also undertaken several advocacy iniatives to combat THB. The establishment of a Trafficking Network hosted by FIDA(K) seeks to provide an advocacy and early warning forum especially by nonstate actors. Other advocacy iniatives have included training of Members of Parliament by The CRADLE and an IEC campaign. IOM and ABA, Africa Law Initiative have also taken several advocacy initiatives on trafficking as has ILO-IPEC and ECPAT.
There are instruments that deal generally with human rights but with elements of trafficking. On the other hand, there are those that have addressed the issue of trafficking specifically. The general instruments include the following: 1. The Universal Declaration of Human Rights Article 1 provides that All human beings are born free and equal in dignity and rights. Article 3 further provides that everyone has the right to life, liberty and security of the person. Article 4 prohibits slave trade and provides that no one shall be held in slavery or servitude. 2. The International Covenant on Civil and Political Rights Article 8 of the ICCPR outlaws slavery and similar practices whereas Article 9 enshrines the right to liberty and security of the person. 3. The International Covenant on Economic, Social and Cultural Rights Article 7 of the ICESCR protects the rights of an individual to the enjoyment of just and favourable conditions of work which includes the right to safe and healthy working conditions; rest, leisure and reasonable limitation of working hours and periodic holidays with pay as well as pay for public holidays. 4. The Convention on the Rights of the Child The CRC, which was ratified in 1990, was the landmark Convention dealing with child rights. In article 35 of the Convention, it specifically states that States Parties shall take all appropriate national, bilateral and multilateral measures to prevent the abduction of, the sale of or traffic in children for any purpose or in any form. 5. The Optional Protocol to the CRC on the Sale of Children, Child Prostitution and Child Pornography Just as globalization resulted in the need for the Convention Against Transnational Organized Crime, the CRC also needed improvement when faced with the increasing problems of child trafficking and the growing availability of child pornography. In January 2002, the optional Protocol to the CRC entered into force. Article 1 of the Protocol states that States Parties shall prohibit the sale of children, child prostitution and child pornography as provided for by the present Protocol: the words shall prohibit being significantly stronger than the CRCs equivalent of shall take appropriate measures. Furthermore, article 3 of the Protocol places
2.1.6
2.1.6.1
Legislative Framework
International Legal Framework
The history of international law on trafficking dates back to the early nineteenth century following the abolition of the slave trade. It is characterized by a string of instruments that have sought to deal with different aspects of the vice.
95 The Daily Nation, 14th August 2005, page 4 96 Kenya: Illegal Human Immigrants Pose Security Risk, Say Officer, Africa News, 24 July 2003.
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an obligation on States Parties to ensure that acts and activities within the Protocol are covered within the countries national laws as being criminal activities. For example, the Protocol demands that the act of offering, delivering or accepting, by whatever means, a child for the purpose of: a) Sexual exploitation; b) Transfer of organs of the child; c) Engagement of the child in forced labor, is to be included in the States Parties criminal or penal laws. Article 9 of the Protocol furthermore puts an obligation on the States Parties to adopt, strengthen, implement and disseminate their national legislation in order to prevent the offences referred to in the Protocol. Kenya is not a signatory to this optional Protocol. 6. Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labor (ILO Convention) The ILO Convention entered into force in November 2000. The term worst forms of child labor is defined in article 3 to comprise among other things all forms of slavery or practices similar to slavery, such as the sale and trafficking of children the use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Convention urges the member states that have ratified it to take immediate action to align their national laws and practices to the requirements of the Convention. 7. The Convention on the Protection of Children and Co-operation in respect of Inter-Country Adoption (The Hague Convention) The Hague Convention was adopted in 1993. In the preamble it states that inter-country adoptions should be made in the best interest of the child and to prevent the abduction, the sale of, or traffic in children. Article 1 of the Convention also states that the objective of the Convention is to establish a system of cooperation amongst Contracting States to ensure that those safeguards are respected and thereby prevent the
abduction, the sale of, or traffic in children. Furthermore the Convention comprises provisions stating that all adoptions should be conducted without anyone deriving improper financial or other gain from it or from an activity related to an inter-country adoption. Kenya is not a party to this Convention. 8. The Convention on the Elimination of All Forms of Discrimination Against Women Section 6 of CEDAW states explicitly that States Parties shall take all appropriate measures, including legislation, to suppress all forms of trafficking in women and exploitation of the prostitution of women. 9. The Rome Statute The Statute includes trafficking as a war crime and crime against humanity alongside rape and gender-based violence. Other than these instruments, there has been a growing corpus of international law specifically dealing with trafficking, with some dating as far back as 1944. However, each of the instruments were found wanting for a variety of reasons. Some were for instance too victim oriented97 whereas others tended to be more offender-focused.98 Calls were made for a Convention that was more human rights friendly and responsive. The Commission on Crime Prevention and Criminal Justice, the ECOSOC and the General Assembly of the UN in response to these calls, established an intergovernmental Ad Hoc committee for the purpose of drafting a comprehensive International Convention against Transnational Organized Crime and three supplementary Protocols, including one on trafficking.99 The Committee finalized its work in 2000 and came up with the parent Convention, the three Protocols including the one to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children. The same was adopted in Palermo, Italy in November 2000 and is since referred to as the Palermo Protocol. The chronology of international instruments that provides specifically on trafficking is as below:
97 The 1904 International Agreement for the Suppression of the White Slave Trade. 98 The 1949 Convention for the Suppression of the Traffic in Persons and the Exploitation of the Prostitution of Others. 99 General Assembly Resolution No. 53/111. Dec. 9, 1998 Promoting justice for children, the future in our hands!
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Table100
Year 1222 International Instruments Charter of Mand 101 Significance 1. This is not an internationally binding instrument. 2. It has been stated that this may be the oldest Charter against slavery developed over 800 years ago in Mali by King Soundiata Keita, the ruler of the empire of Mali, on the occasion of his coronation. 3. It was a joint effort of elders, noblemen and associations (ton) that were mandated by the King to draft a document to elaborate principles according to which the empire should be ruled.
1904
1910 1921
1933
2003
International Agreement for the 1. This was the first binding international instrument to address Suppression of the White Slave trafficking. (Initially, the anti-trafficking movement was driven by Trade the perceived threat to the purity or chastity of mostly white women.) 2. The treaty focused on protection of the victim and proved to be ineffectual. International Convention for 1. The treaty bound signatories to punish procurers. Suppression of White Slave Traffic. Convention for the Suppression of 1. This treaty called for the prosecution of persons who trafficked Traffic in Women and Children women. 2. The treaty required licensing of employment agencies. 3. It protected women and children who immigrate or emigrate. International Convention for the 1. It consolidates the four Conventions on trafficking. Suppression of the Traffic in Women 2. It confines definition of trafficking to prostitution. of Full Age 3. It criminalizes acts associated with prostitution but not prostitution itself, such as exploiting the prostitution of others. 4. It does not address causes of THB 5. It offers no protection against deportation for trafficked women. 6. It has weak enforcement mechanisms. The Protocol to Prevent Suppress, 1. Established an acceptable definition of trafficking which ensures and Punish Trafficking in Human that victims will not bear the burden of proof. Beings (The Palermo Protocol) 2. It provides guidelines for prosecution, protection, and prevention mechanisms on which to base national legislation. 3. Victims of trafficking are protected regardless of wether force was used. 4. Consent of a victim is irrelevant. 5. Victims are no longer viewed as criminals. 6. It acknowledges that exploitation of prostitution of others and trafficking in persons can not be separated. 7. It seeks global responses to global trafficking. 8.It establishes internal as well as external trafficking in human beings. 9. It addresses the demand side of trafficking. 10. It establishes key elements of trafficking as lack of consensus and exploitation. 11. There are currently 117 signatories and 94 parties to the Protocol. Kenya accessed the protocol on the 5th of January 2005.
100 Table adapted from Preparatory Notes for a Seminar on Trafficking in Persons: Mumbi Njau Consultant; 7-8th October 2005 101 http://www.childtrafficking.com
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2.1.6.2
Regional Framework
There are a few African Regional instruments on Trafficking. 1. The Draft Ouagadougou Action Plan to combat THB, especially Women and Children of 28th November 2002. The first crucial step was taken with the development of the Draft Action Plan in November 2002. The plan sets out the various guidelines on: prevention and awareness; universal jurisdiciton on trafficking matters; victim proteciton and assistance; development of appropriate legislative, enforcment and policy frameworks; and cooperation amongst states. 2. The African Charter on Human and Peoples Rights (1981) and its Protocol on Womens Rights (2002). Article 4 (2) thereof specifically obligates States Parties to Prevent and condemn trafficking in women, prosecute the perpertrators of such trafficking and protect those women most at risk. 3. The African Chater on the Rights and Welfare of the Child, (1990). The ACRWC expresses the measures to be taken against trafficking in children. Under Article 29 (a) it obligates States to Take appropriate measures to prevent the sale of, or trafficking of children for any purpose or in any form by any person, including parents or legal guardians of the child. However, it does not deal with trafficking comprehensively. 2.1.6.3 National Legal Framework Unfortunately the Kenyan legislative framework on trafficking is not very strong. Given that trafficking is equated to modern day slavery, the Constitution of Kenya provides the primary guide on issues of trafficking. It specifically forbids the slavery, servitude, and forced labor of all persons, including children.102 It further outlaws torture and other forms of degrading punishment or treatment. It however does not deal expressly with modern day trafficking. The cited provisions however serve as legal safeguards.
102 Article 73. 103 Section 147. 104 Section 147. 105 Section 148, chapter 63. 106 Section 151, chapter 63. 107 Section 144, chapter 63. 108 Section 142, chapter 63. 109 Section 143, chapter 63. 110 Article 3(1)(e) 111 Act No. 5 of 2000. 112 Section 140, chapter 63.
The Penal Code is the the primary piece of legislation that deals with offences that are related to trafficking. It prohibits the act of procuring a woman below the age of 21 for unlawful carnal connection in Kenya or elsewhere.103 The code also prohibits the procuring of a woman for prostitution purposes.104 The act of detaining females by using threats or fraud or by administering drugs is prohibited,105 as is the act of holding them in a brothel or any other location against their will for immoral purposes.106 The Penal Code also prohibits indecent assaults on women, particularly girls below the age of 16. Consent given by a minor (below the age of 16) to the act of indecency is irrelevant in establishing the criminal responsibility of the perpetrator.107 The Penal Code regards kidnapping and abduction of persons as felonies. Kidnapping is punishable by imprisonment of up to 7 years (up to 10 years if the kidnapping is for the purposes of slavery or immorality).108 The code also prohibits abduction of girl minors.109 Just like the Constitution though, the Penal Code does not deal directly with modern day trafficking as an offence on its own though again the provisions cited are instructive in dealing with offenders. It also tends to focus mainly on trafficking for sexual purposes. The Immigration Act of 1967 considers an illegal immigrant as one who is a prostitute, or a person who is living on or receiving, or who, before entering Kenya, lived on or received the proceeds of prostitution.110 This unfortunately is limiting due to the complex chain of trafficking and the diverse reasons therefore. Not all cases of trafficking are for prostitution but may involve other forms of exploitation, for instance for the sale of organs or commercial labour, which is very prevalent in Kenya. It further has the potential of criminalizing victims who may be classified as prostituties. The Criminal Law (Amendment) Act,111 which entered into force in July 2003, increased the age of a victim (in cases of defilement ) to 16 and harmonized the penalties for rape and defilement. The new penalty is set at a maximum of life imprisonment. In addition, the amendments to the Code criminalized attempted rape and made it punishable by life imprisonment.112 It also
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made the lack of knowledge of the age of the female victim of rape irrelevant in establishing criminal responsibility.113 Moreover, until the recent amendments, the Kenyan laws prohibited convicting a person on the testimony of a child witness, unless other material evidence corroborated the testimony. The recent amendments to the Code now allows the court to convict a perpetrator of a sexual offense on the basis of a childs testimony if the court is satisfied that the child is telling the truth.114 These amendments are positive especially as relates to cases of trafficking for sexual exploitation. In 2001, Parliament passed the Childrens Act115 which prohibits the economic exploitation of children as well as any work that is likely to be hazardous or to interfere with a childs health or physical, mental, spiritual, moral, or social development.116 The Act is the first piece of legislation that expressly outlaws trafficking as an offences in itself. Section 13 (1) provides that A child shall be entitled to protection from physical and psychological abuse, neglect and any other form of exploitation including sale, trafficking or abduction by any person. It further provides for the treatement and rehabiliation
of victims of trafficking.117 However, the sentence therefore is very lenient as a person found guitly is liable to imprisonment for a term not exceeding 12 months or to a fine not exceeding Kshs. fifty thousand or to both such imprisonment and fine.118 The Sexual Offences Bill also seeks to outlaw traffickining in children especially for sexual purposes. It is nonetheless not comprehensive as it only focuses on sexual offences yet trafficking is undertaken for a braod range of reasons including for the sale of organs. The CRADLE has taken the lead in developing a draft legislation on Trafficking in Persons and has worked closely with other CSOs and INGOs such as IOM, FIDA, Equality Now and government departments such as the AGs department and the Ministy of Justice and Constitutional Affairs. The draft bill is comprehensive and deals with victim justice such as issues of compensation and rehabilitation and also criminalizes THB. It sets up an inter-agency committee consisting of government departments and non-state actors.
113 Section 161, chapter 63. 114 The Evidence Act, chapter 800, as amended by the Criminal Law (Amendment) Act of 2003. 115 Chapter 586, Laws of Kenya. 116 Part II. 117 Section 13 (2) 118 Section 20
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Section 3 Quantitative Survey

35
3.0.0 Quantitative Survey

3.1.0 Structure of Sample
The quantitative survey focused on victims of trafficking or persons who have first hand knowledge of victims of trafficking. They were interviewed using structured questionnaires. Majority of those interviewed were Kenyans followed by Rwandese and Ethiopians. More Kenyans were interviewed given the location of the research which was in Kenya. The findings are to be viewed against this backdrop. Table 1. Nationality of Respondents Nationality Frequency Kenyan 325 Tanzanian 6 Ethiopian 41 Eritrea 1 Africans (unspecified nationality) 1 Ugandan 27 Somali 6 Zaire 1 Sudanese 4 Nigerian 3 Rwandese 58 Indian 4 Burundian 16 D R C Congo 13 Chinese 1 Missing 15 Total 507 Table 2. Age of Respondents Age 1 day-10 years 11-20 21-30 31-40 41-50 51-60 61-70 71 and above Age not specified Total Frequency 4 75 267 76 41 18 9 3 17 493 510 % 1 15 52 15 8 4 2 1 3 97 100 % 64.1 1.2 8.1 0.2 0.2 5.3 1.2 0.2 0.8 0.6 11.4 0.8 3.2 2.6 0.2 3 100
Majority of those interviewed were between ages 21 to 20 followed by ages 31- 40 and then 11-20.
3.2.0 3.2.1
Findings Proles of the Trafckers and the Victims
3.2.1.1 Age Profile While most of the victims were aged 30 years and below at the point of migration, the research indicates that most of their traffickers were aged 30 50 years. Fig7: Age of victims at migration
Fig8: Age of traffickers
The most prevalent age bracket for victims was between 21 to 30 years at the time of migration. This follows closely with those aged 11-20 years. This means that the persons most vulnerable to trafficking are young people. This could be because of the exploitative nature of trafficking that may require agility. On the other hand, majority of the recruiters were person within the age bracket of 31 to 40.
3.2.1.2
Occupation of Victims at Point of Recruitment
Most of the victims aged between 11-30 years old at the point of recruitment were predominantly involved
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in menial, casual work and petty business (22%), (18%) claimed they were simply idle, (13%) claimed to have been in schools /colleges, (9%) claimed to have been house-helps while 5% were engaged in farm work. This means that those likely to be trafficked are persons who have low paying jobs or no jobs at all. The lure of a better life then holds much promise for them and makes them vulnerable to trafficking.
Fig10: Sex of traffickers
3.2.1.3
Gender Dimension of Trafcking
While most of the victims were women, most of the traffickers were men. It is however interesting to note that even the numbers of men who are victims of trafficking is significantly high at 42%. However, the number of women who were traffickers is much lower than that of the men at only 35%. Fig9: Sex of victims
3.2.1.4
Location at Point of Migration
Slightly more than half of the victims came from rural areas (59%), while (39%) came from urban areas and a paltry (2%) came from informal settlements. Fig. 11 below shows that majority of victims from the urban areas were recruited from social places such as nightclubs (82%), cinemas (80%), discotheques (67%) and shopping center (62%). On the other hand, those from rural centers were mainly recruited from market places (76%), at home, (69%), employment bureau, (61%) and for those of them who went to the university at universities (60%). This means that the persons from rural areas are likely to be trafficked by familial networks as they are persons who look for them from their comforts zone e.g. home.
FIG11: Urban vs Rural Recruitment By Victims Location at Time of Migration.
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Those in the informal settlement were mainly recruited at the shopping centers, religious centers and at home. Nobody reported having been recruited from the hospital.
3.2.1.5
Nationality of Trafckers
While nationalities of the traffickers spread in four main geographic regions, the study reveals that most of the traffickers were of African decent. Americans were ranked lowest as traffickers. This is despite the fact that for international trafficking the destination countries include Western countries. This may therefore imply that the recruiters are likely to be middle men, Fig12: Nationality of the recruiters
inducement as some of the main recruitment methods used by the traffickers. Victims claimed that the traffickers were people known to them either as relatives or as friends. The research findings indicate that (77%) of the victims knew the traffickers. These were as relatives (35%), friends (39%) and neighbors (13%). Religious leaders (6.3%) and teachers (5.1%) formed the smaller proportion of those involved in the trafficking. Thus trafficking is mainly done through familial networks. Familiarity makes it easy for the traffickers to approach the victims and win over their trust in the guise of assisting them in various ways. Fig 14: Victims relationship to the recruiter
3.2.1.6
Nationality of Victims
3.3.2
Deception
While it is evident that there is diversity in the nationality of the traffickers, most of the victims seem to have been recruited from two main continents (Africa and Asia). There were no known victims from either Europe or America. Fig13: Nationality of the Victims
Once the victim is identified, the trafficker then goes ahead to offer a promise of employment, a better life for the victim or his kin and a promise of education. Significantly the salary and work related offers take up 90% of the traffickers mode of deception. Promise of marriage, though not very high, (3%) also formed one of the promises made to the victims. Fig15: Promises made to victims
3.3.0.
The Methods Human Trafckers Use to Recruit their Victims Familiarity
3.3.1
The study revealed deceit, abuse of positions of power and of vulnerability of victims, abduction, threat and
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Many of the victims attested to the fact that the promises were broken upon arrival at destination. An overwhelming 92% of the victims admitted that they actually took up the offer but only 48% actually ended up doing the jobs they had been promised. From Fig 3 and 4, it is evident that there was a disparity between what the victims were promised against what they were actually made to do. Most of the victims ended up taking on menial jobs as casual laborers or being exploited including sexually. For
instance, even though only 0.8% were informed they would be married off, 8% ended up being married, 16% ended up sexually exploited though it was not part of the bargain and none ended up with a drivers job even though 5.1% were promised such jobs. None ended up teaching languages even though 7.3 % had been promised that. Domestic work appeared to be a very
key target of traffickers as the numbers absorbed in it was higher than the number of persons promised the said work. Some of the persons ended up as slaves to hijackers, drug traffickers and rebel trainees. It is also interesting to note that 6% ended up doing nothing in particular.
Tables 3 and 4: Type of Job promised and actual work done Type of work you were told to do Domestic work Hotel industry work Studying while working Teaching languages Working in beauty salons Business Driving/Maintaining vehicle Secretarial Casual work Work in flower farm Work in a factory Nurse Working on a ship Working at old peoples home Professional sports job Army/ Police Get married Exploited sexually / homosexuality/ prostitution D J/ Dancing Journalism Computer technician Clerical job Drug trafficker Slaves for hijackers Street photographer Trained as rebels Nothing specific Others 119 Total % 22.9 10.6 8.5 7.3 8.8 6.0 5.1 4.8 8.0 3.2 2.5 2.3 2.3 1.6 1.2 1.9 0.9 0 0.9 0.7 0.7 0 0 0 0 0 0 4.5 Work they ended up doing (even in modified form) Washing dishes/ house help Bartender/waiter Studying Teaching languages Working in beauty salons Business Driving/maintaining vehicle Secretarial Casual laborer Farming Work in factory Nurse Work on a ship Working at old peoples homes Professional sports job Army/police Got married Exploited sexually / homosexuality/prostitution DJ/Dancing Journalism Computer technician Clerical jobs Drug trafficker Slaves for hijackers Street photographer Trained as rebels Nothing specific others 100 % 25 8 4 0 0 4 0 0 15 2 0 0 0 0 0 0 6 16 0 0 0 7 2 1 1 1 6 2
119 Others include variable with small bases (library, modelling, etc) Promoting justice for children, the future in our hands!
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3.3.3
Use of force
While majority of the victims admitted to having accepted the traffickers promise, 74% of those who declined still took up the jobs anyway. Some (16.1%), claimed to have been deceived into taking up the jobs while another 5.9% claimed they were forced to accept the offers due to debts owed by the family to other people and 5.5% claimed to have been threatened into taking the jobs while 1% claimed to have been kidnapped. The table below outlines some of their sentiments. Table 5: Reasons why respondents took up jobs any way Reasons why respondents took up the job anyway Had a debt to pay Was promised better life/ better job Car/ ship was hijacked Was married off Was locked up and forced to have sex There was no other job for me Coerced to do the job Wanted to help my family To become self reliant Eager to work abroad Had contact with the employer Personal interest Promised assistance/ pay for school fees % 14 33 9 4 23 31 32 26 24 1 1 1 1
In relation to regional trafficking (into Kenya), victims came from varied towns in their countries. Victims from Ethiopia came from Addis Ababa, Asmara, Amhara, Gonder, Dire Dawa, Tigre, and Oromo among others. Most of the Rwandese victims interviewed claimed to come from Butare, Gitarama, Gitega, Ngozi and Byumba. Ugandan victims came from Masaka, Arua, Soroti, Tororo, Kampala, Bukoba, Luwero, Kisoro, Mbarara, Kabale, Lira, Bururi. Most of the victims came mainly from border towns, areas with poor economic viability, and areas afflicted by wars. Some victims however were lured by sophisticated lifestyles perceived to be better than their very own. Nairobi is seen to hold such promise or to provide an avenue to such promises. Table 6: Table of Nationality of Traffickers Nationality of traffickers Kenyan Ethiopian Rwandese Ugandan Burundian D R C Zaire Tanzanian Somali Unspecified Europeans Sudanese Asian Nigerian Indian Unspecified Africans Eritrean American Italian German Senegalese Cameroonian Spanish Saudi Arabian British Togolese Belgian Ivory Coastian Norwegian Total % 64.45 7.82 6.40 5.69 2.61 2.13 1.90 1.18 0.95 0.95 0.95 0.71 0.71 0.47 0.24 0.24 0.24 0.24 0.24 0.24 0.24 0.24 0.24 0.24 0.24 0.24 0.24 100%
3.4.0
Scope of Human Trafcking and Geographic Areas
Further analysis indicate that more than half of the traffickers (65%) were Kenyans, (8%) Ethiopians; Ugandans (6%); Rwandese (6%) Burundians (3%) and Zairians (2%). Even though minimal representation of other nationalities was reported, diversity in the nationality of traffickers could indicate existence or growing cases of human trafficking. In relation to trafficking involving Kenyans, trafficked victims came from all the eight provinces in Kenya. Eastern and Central provinces recorded the highest number of victims closely followed by the North Eastern province, Western, Rift Valley, Coast and Nyanza provinces. (See table 7).
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Table 7: District of Origin of Kenyan Victims District of origin (Kenyan victims) Machakos Thika Muranga Kiambu Kakamega Nakuru Nyeri Meru Busia Kitui Vihiga Kajiado Kericho Nairobi Maragua Butere/ Mumias Siaya Uasin Gishu Mogadishu Bondo Kisumu Marsabit Bungoma Nyandarua HomaBay Kilifi Kano Isiolo % 8.299595 6.275304 5.263158 4.453441 3.238866 2.834008 2.834008 2.631579 2.42915 1.821862 1.619433 1.417004 1.417004 1.417004 1.417004 1.214575 1.214575 1.012146 1.012146 1.012146 1.012146 0.809717 0.809717 0.809717 0.404858 0.404858 0.404858 0.404858
Nyando Bunyoro Burnt forest Kapsabet Makueni Naivasha Baringo Borana Garissa Mandera Lugari Busia General GEMA region Kinangop Nyamira Tana River Gucha Borana Yabello Makueni Samburu Nyambene Tana River Mwingi
0.404858 0.202429 0.202429 0.202429 0.202429 0.202429 0.202429 0.202429 0.202429 0.202429 0.202429 0.202429 0.202429 0.202429 0.202429 0.202429 0.202429 0.202429 0.202429 0.202429 0.202429 0.202429 0.202429
NB: note that these are as per respondents and may not be as per the proper administrative divisions.
3.5.0
Modes of Transport used by the Trafckers
Once the trafficker wins the trust of the victim, the journey to the purported destination begins. Most of the victims (85%) claimed they traveled by road either through public means or other private vehicles.
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Table 8: Mode of transportation used in trafficking Nationality Kenya Tanzanian Ethiopian Eritrean Africans (others) Ugandan Somali Zaire Sudanese Nigerian Rwandese Indian Burundian D R C Zaire Chinese Total % Transportation mode Road (private) 22 3 0 1 0 0 0 0 10 0 2 2 40 Public road transportation 34 1 4 0 4 1 1 0 0 Rail Sea/water 1 0 Air 2 1 0 Foot 5 (%)Total Nationality 64 1 8 0 0 6 1 0 1 1 11 1 3 3 0 100
0 1 0
0 1 1 1 1 1 0 8
0 45 1 1
0 5
Victims trafficked through rail and sea comprised less than 2% of the total sample. Travel by flights (8%) and by foot (5%) was also cited as ways in which the transportation was done. In the few incidences where flights were used, Kenyans, Ethiopians, Rwandese, Burundians, Zairians and Chinese nationals were involved. Significant to note is the high number of Rwandese victims who traveled by road. About 55% of the victims claimed to have traveled either in the company of relatives or people known to them while 45% traveled alone. Amongst the victims who traveled in the company of other people only 16% claimed to have traveled with total strangers. (See table 8 below):
Table 9: Persons who accompanied victims Who did you travel with Relatives Strangers Friend Other recruits Recruiter Employer to be Neighbor Others Total % 23 16 16 15 15 12 2 1 100
3.6.0
Persons who accompanied victims
While traveling, most of the victims are either accompanied by relatives, employers to be or the other recruits.
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3.7.0
Place the Victim is Harbored while on Transit
3.8.1
Escape bids and reasons therefore
While on transit, 31% of the victims claimed to have lived with the people who offered them the job or with relatives (22%). About 51% of the victims claimed to have interacted with different people from the time they were recruited to the time they officially got employed. Most of them were either handed over to employers or just abandoned by the recruiters and left to fend for themselves while on transit or when they arrive at their intended destinations. Table 10: Place of stay while on transit Where did you stay during % transportation? At the residential home of the person who 31 offered me a job In an apartment 23 With relatives 22 At the place of work 12 In a brothel 4 In a hospital 4 Other 4 Total 100
Owing to the psychological and physical mistreatment the victims experienced (Table 11), most of them (88%) said they felt like leaving at some point and more than 59% attempted to leave on more than one occasion. However, only 38% were successful. While some of the victims (29%) were reported to have died while in service. Table11: Why victims resolve to leave abusive service % 31.3 30.0 17.7 16.8 2.7 0.4 0.4 0.2
Why they felt like leaving Overworked /poor pay Was the only option Felt exploited/assaulted/ beaten up Place was dangerous/life was in danger Spouse was too old/ it was a forced marriage Find better job/ working conditions Denied freedom/ locked up against will Forced into and didnt like homosexuality
3.8.2
3.8.0
Victims Experience While in Service
Why victims did not leave despite the poor working conditions
Once employed, victims were made to work for long hours with the majority (47%) claiming to have been working between 12-15 hours. An alarming number of 93% claimed to have been sexually assaulted with 88% of the victims claiming to have been subject to unhealthy working conditions. Fig 16: Respondents working hours
Majority of the victims who felt like leaving were deterred by their employee or the people who recruited them while a few said they feared to be jailed by the government. Table12: Person/reasons why victims dont leave abusive service Who/what was involved in keeping you against your will, if at all? Your employer The person recruiting you Relative Fear of being jailed by the government The person that received you Total % 57 20 12 2 9 100
Those who feared being jailed by government were either in Kenya illegally or may have been forced to be involved in criminal activities and feared this would be used against them.
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3.9.0
Assistance to Escapees
Research findings indicate that after leaving their employment, escapees mostly require financial assistance coupled with legal counsel and counseling. About 76% expressed the desire to be informed on any developments on human trafficking. Most of the victims were either unaware of or unable to access these services. Currently, there is no specific national organization with the sole mandate of providing these services to victims. However, FIDA (K) and similar organizations such as CREAW and COVAW offer legal aid to women with any form of violation and who can not afford a lawyer. Other children organizations also offer legal aid such as ANPPCAN (K), CLAN and The
CRADLE. Reunification, reintegration and resettlement of victims remains a challenge as these services are largely not provided. Table 13: Assistance required by the victims What assistance would you want Financial assistance Legal counsel Counseling Protection from traffickers Re united with my family Adoption of my child % 37 36 27 20 8.6 2.9
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Section 4 Qualitative Survey: Focus Group Discussions

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4.0.0 Focus Group Discussions

The FGDs were carried out in Nairobi, Malindi, Turkana and Suba. There was also a childrens forum held in Nairobi to bring in the perspective of children in the issue of trafficking. These areas were selected due to their diverse socio-economic backgrounds and hence the likelihood of diverse experiences that may enrich the qualitative research. For instance, Suba is predominantly a fishing community where the fishing industry has impact on livelihoods and rights protection. Acess to justice is a pipe dream in this district with no court or any lawyer. Human righs and justice issues are mainly dealt with by the provincial administration that do not have the property skills and in the smaller islands of Remba and Ringiti, communal systems have developed for dealing with justice issues as there is no meaningful presence of the administration system. On the other hand, Turkana is predominantly a pastoralist community that still largely adheres to cultural practices and norms especially that are not favourable to women and children. Even though there is a court in Lodwar, it is mainly deemed important in matters of criminal law and hence access to justice is also a challenge. Malindi on the other hand is a modern town dominated by many non-Kenyans with interests in the tourism industry such as Italians. The issue of sex-tourism is important in this area. Finally Nairobi is the capital city of Kenya and a cosmopolitan town that is a convergence zone for persons seeking the better life from rural areas or neighboring countries. It also attracts persons working in organized crime due to the porous borders or the country and the ease of attaining fake documents in the city. This may bring in different dynamics in relation to trafficking.
CSWs are reformed and are currently engaged in other income earning activities mainly hair-dressing and housekeeping. Most of the respondents have lived in Malindi for a period of between 1 7 years. However, a few have lived in the area for about 20 years. Most of the respondents are not originally from the area but from Central, Eastern and Nyanza provinces.
Turkana
The group had a gender mix and it comprised of reformed victims of human trafficking as well as local coordinators of Community Based Organizations (CBOs) and church leaders. None of the respondents was from outside the area; they all came from Turkana.
Suba
All the respondents came from the area. They are well versed with the fishing business. None of them perceived themselves as victims of trafficking even though they were involved in exploitatative labour situations.
Childrens Forum
The respondents invited to the FGDs comprised of young boys and girls aged 13 18 years who have been trafficked to the city from upcountry, mainly Western Kenya. Most of them are currently living with either their elder siblings or single mothers. Few are enrolled in school and the rest spend their time doing household chores.
4.2.0
Awareness on Human Trafcking by
Respondents
Given that the objective of this survey was to establish the scope and extent of trafficking in Kenya, it was important to understand the level of awareness on human trafficking, not just by victims, but by persons who may be in a position to assist victims of trafficking. It was also important to establish from the victims themselves their interpretation of human trafficking. This was important because it would reveal information gaps that could help when developing/designing communication messages on human trafficking or advocacy strategies. For purposes of this survey, we looked at trafficking from the three chain angle: (1) the what (actus reus) or action that constitutes trafficking; (2) the how (means used); and (3) the why (mens rea) or reason for trafficking. It is against this that we also examine respondents definition of trafficking. It is presumed that given that there were persons who were involved in activities that they had been recruited for e.g. as house-girls or commercial-sex workers, the first element the what of trafficking that entails the
4.1.0
Respondent Prole Nairobi
The respondents invited to the FGDs in Nairobi comprised former commercial-sex workers, house-girls and those who had heard about or engaged closely with issues of child-prostitution and child-domestic workers. They were eleven in numbers, out of which, only two were born in Nairobi (Kibera and Dagoretti). The rest came from Eastern, Nyanza and Western provinces. Of those who were victims of trafficking, majority were trafficked to Nairobi when they were still teenagers.
Malindi
The respondents invited to the FGDs in Malindi comprised of current and former CSWs. The former
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recruitment, transportation, transfer and harboring of persons is already fulfilled.
Sample Responses It is like when you may leave your home place, where you were born and you move to a certain place or you may be in the same region but you work as a prostitute I think its like when a person leaves her home and starts involving herself with smoking bhang abusing drugs and also activities like prostitution Turkana There was some awareness and understanding of the definition of human trafficking amongst opinion leaders. It was generally interpreted to mean the deceitful transfer of people from one place to another for the purposes of exploitation. However, this interpretation is mainly by opinion leaders and not victims. Human trafficking is a step whereby someone is actually tempted, is lied to is tricked and so forth to attend to what is not necessary for his or her life Human trafficking is like taking a child who doesnt know his rights and be taken to another place to do a job. He can be told to go to the city to find a school and on arrival ends up doing another job Human trafficking is a way that one is taken in such a way that one is promised something in the long run he doesnt get
Nairobi
Most respondents in Nairobi summed up human trafficking to mean mistreatment. However, key issues that emerged from their description meant that they went through the complete chain of trafficking. Having already been recruited, most of them noted that there was deception in their employment ( they pay less than what was agreed) and also noted they were exploited directly or their vulnerability was exploited (mistreated, denied food, worked long hours and pays you less because he knows you have problems). Sample Responses The employer overloads you with work and they dont care. You work from 5 in the morning to midnight and the food is so little. In fact, in most cases you are given the left overs and this happens frequently. I think it means the misuse of people, for example someone does a lot of work and then they are not paid enough money. It is when you discuss and agree with your employer how much money you will be paid, and then halfway he decides that he is going to pay you less money and doesnt give a good reason for doing that. Sometimes it is because he knows that you have problems and even if you do a good job, months will pass and he will not pay you. It is when people are promised good jobs and then when they go for the jobs, they find that the work is too much and the money too little. You are not told the working conditions.
Suba
In Suba, there was no awareness of human trafficking but after they received a working definition, the respondents felt that what was going on in their area was not trafficking even though they acknowledged the element of exploitation of minors. According to them, fishing is a respected and accepted activity within the area and thus those who engage in it, irrespective of age, are not perceived to be doing anything wrong. However, given that many children are used in the fishing industry, work for long hours, have to forgo school and women sometimes are sexually exploited, the element of trafficking may be present.
Malindi
Even though in Malindi definitions included transfer or transportation and acts that may constitute exploitation were also identified such as prostitution and abusing drugs, the element of the exploitative nature of those activities did not come out. This is because prostitution per se does not amount to trafficking but the exploitation of the same by a third party does amount to trafficking. The third party involvement in trafficking was not evident which showed the limited understanding of trafficking by the victims. Generally, respondents interpret human trafficking to mean leaving ones home to engage oneself in prostitution or drug taking or doing work that is not necessarily ones desire.
Nairobi Childrens Forum

In order to establish the occurrence of human trafficking, a short story was read out to the children and they were
47
then asked if they had ever heard of such events taking place. Most of them had heard about their peers being promised good things in the city but instead ended up being exploited. Sample response My sister said that there was someone who wanted to stay with her to work and go to school, she worked but did not go to school. She was lied to the woman tortured her, she was not given food Its the kid who cooked, washed clothes, went to fetch water and incase she made a mistake she was never forgiven. She used to be up till 1:00am At times we would be in the shamba by 6:00 am, when you are back, other household chores are waiting for you such as bathing the children, washing clothes and the like When they take milk tea, she is forced to take black tea. If she makes a mistake, she is beaten up till the skin peels off Instead of getting a job, she was given over to men However, despite having the knowledge of incidences of human trafficking and having been affected by the same vice, these children did not seem to recognize the illegality of what happened to them. This was revealed when they were asked whether they would accompany someone who promised them a job abroad and they, especially the boys, were emphatic that they would go. This illustrates that they would still be susceptible to human trafficking because, as far as the children are concerned, they were simply mistreated by their relatives. There seems to be an illusion that the white person is more understanding and that the working conditions abroad are better than the local conditions. Developed nations are perceived to offer opportunities for both personal and professional development. Sample Response If I went to America as a house help, first of all they are understanding. I will tell them to do half the duty as I do now. If not, they bring me back to my country. If I go there I will do anything, if I dont know how to do it. For example I will be taught driving. They can even take me as their kid. They dont take people to be outsiders or as a worker. They will also understand my problems
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4.3.0
Prole of Victims
Nairobi In Nairobi, the common target for human trafficking is the poor, lowly educated (primary school level) girl. As expressed by the respondents, it is harder to confuse an older person than a younger girl who is innocent. Naivety makes them much more attractive targets for traffickers. Sample Response Very frequently, it is the young girls aged 13 14 years who are targeted; especially those who did not complete their education and have nothing to do. It is because they are innocent and they believe what people say You know it is hard to confuse older people. You cant confuse anybody who is 25 years and above. They will know when you are lying
Malindi
In Malindi, they could not identify a common age group for victims as they perceived all ages to be susceptible from their experience. They noted that there were girls younger than 9 years and at the same time women who were 45 years and older who were exploited in the sex industry. However, it was noted that one thing they share in common is poverty and a desire to earn a regular income. Most of the persons involved according to them, came from Central, Eastern and Coast provinces. From age 13 years going up because you find there are women aged 45 years and they are also trying to earn a living Because everyday when you go in search of a client, you will find there are girls who are under 18 years old and there are so many of them They are gotten from primary school, some from secondary school Her parents may be deceased and perhaps you are the eldest child, not really grown up but have younger siblings who have to depend on you There are some as young as 9 years Like now you find most of the youths have gone up to form four, some have gone up to the university but there are no jobs and they want to earn a living, no one can live at home forever
Mostly its the Kikuyus who have come here and Kambas also Now for me when I look at it, I think you cannot isolate and say its the Kikuyus and Kambas, they come from all tribes If you look keenly, you will find that there are Giriamas
Sample Response For me I started going to the lake as early as when I was in class six, my performance deteriorated so much that eventually I left school As for me I havent gone there but I hear people saying you can get a lot of money at the end of the day I think its because of poverty and lack of money because sometimes you can find someones kid left as an orphan and may be she/he is the breadwinner of his younger bro/sis so he can be influenced to go to the lake by the others even his peers Personally as a lady, sometimes you are forced to prostitute at the shores because sometimes you are left as an orphan and you need to sustain yourself. At around 15 years 18 years they really know the job very well
Turkana
The human trafficking victims are usually young girls from poor homes and are most likely orphaned. They are usually targeted when they are quite young because of their innocence and naivety. There was no consensus on the common age of recruitment, but usually between 10 17 age group is the most vulnerable while others felt that the 5 13 age groups were vulnerable. It is from childhood age that is from adolescence age, lets say from 10 17 that is when someone can come and cheat you because you cannot think further other things depending on the capacity of your IQ. So people can take advantage of the childhood. Some start being misused earlier 7 years, 6 years, 5 years given that for example the childs mother is not there, dead or is incapacitated, you find the child being mistreated. a big percentage at age 13 17 start broadening their brains and know that they are being misused. But at age 5-13 it is the major age
4.4.0
Nairobi
Prole of Trafckers
The traffickers are usually people who come from the same locality as the victims i.e women and men who are known in the village and to the parents of the young girls. They are financially well- to- do and this makes it easy for them to convince parents to let go of their daughters. Sample Responses They are well known in the village, everybody knows that they are doing well and they expect that if their daughter goes with that person, she will also get a lot of money The people are usually relatives or a family friend. Someone whom the family knows very well It depends. It can be a man or woman but you find that if it is a relative then the mother will not mind whether it is a man or woman. But if it someone who is not related to the family but is well known, in most cases you will find that it is a lady especially if she has found a house girls job.
Suba
Both males and females are affected but in different ways. Young boys, usually in their teens, drop out of primary school to take up fishing because of the lure of money. There is no common age of recruitment but it depends on what time of the day the boy intends to work. For day time fishing, boys as young as 10 years old can join the business but generally the common age is 15 18 years. Girls are also involved but they do not actually go out to the lake to fish but stay at the lake shore to pull in the nets. In order to get such jobs, they have to engage in prostitution with the fishermen jaboya. The girls are in desperate need of money and this makes them vulnerable to exploitation by the fishermen.
Malindi
Relatives and friends are actively engaged in the recruitment of girls from upcountry to Malindi mainly
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for prostitution and in rare cases, as house-helps. The traffickers are also well-to-do and their perceived success is what enables them to recruit the girls. Italians are also involved in recruiting and because they offer more money, they are likely to recruit more girls. With regard to gender, respondents claimed that it is mainly women who do the recruiting. There was no specific age and this varies from one recruiter to another. Sample Responses This was somebody who was very close to me, my elder sister she took us from home My auntie who came from Nakuru and got me from home and took me to her home Her friend had brought her from home with a promise to get her employment Now when one goes upcountry and the people there think she is leading a good life and has good things, they also desire to be like her Now the Italians have given to the girls a lot of money and so when the girls get back home they do mighty things, so people get to see that she is helping at home
girl, they get close to her, in their minds they have someone they want to hand over this girl to. So that the person to whom they have handed her over to can bail them out when they are broke
Suba
In Suba, there is no direct recruitment but what would be termed as facilitation. This is because the young boys and girls involved in the fishing business do so voluntarily because they are pushed by poverty. However there are people who help them join. These include the captains of the fishing boats and the leaders of the various fishing squads who are employed by the boat owners who are generally well-to-do and provide the necessary fishing equipment. There are also those who use handmade fishing equipment and join the fishing business on their own. In a few cases though, there are those who are recruited by their friends across the border to do business in Uganda. Sample Response I got a friend from Uganda and we went to Jinja, There we stayed for some months and from there we went to an island called Denda then Uyoma, I took a ferry then came back home Nairobi Childrens Forum The children were trafficked to the city by people known to them elder siblings and close family relations such as uncles and aunts. Sample Response I came with my brother. He took me from home promising to take me to school he came and told me that I would not go to school but take care of his wife because she had given birth My aunt called me to come and go to school at times she tells me not to go to school but work
Turkana
Traffickers vary from close family relations to the people whom the community would naturally bestow trust on such as pastors. Friends and foreigners are also involved in the process. My aunt came for me while I was young to stay with her in Kericho. She told my parents that she would take me to school. By then I was in class 3. I stayed for about one term going to school well. Second term she didnt take me back. I stayed doing domestic jobs In 2003 there was a pastor who deceived a lady that he had a job in Nairobi. The lady was convinced and told the pastor that she was jobless on arriving in Nairobi the pastor was a watchman and yet he told people he was senior person. Friends recruit, for example in the case of commercial sex workers, when they see a young
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4.5.0
Recruitment Method Nairobi
Deceit is the most common recruitment method and is accomplished through various promises like of a better life, employment, marriage and even education. However, the promise of employment is the most common recruitment method. These promises are
usually made to the parents of the girl who, because of financial considerations, convince their daughter to go with the trafficker. In most cases, the girl is recruited from her parents home. Ah you will get them at home. You know they are young and they dont know much. So you will find someone who is known by the family or is well known in the village has come and told the mother that he wants to help the daughter get a job. Some even say that they want to educate her alongside with their children so when the mother hears that her daughter will be helped she is willing to let her go. He asks around and finds out that so and sos daughter is at home and has nothing to do and then he will go to that home andconvince the mother that he can get the daughter a very good job plus he promises her that she will get a commission every month.. Others will even pretend that they want to marry the daughter and help her have a better life. In such a case, even the girl will agree because life at home is not easy.
for her, so many become convinced and follow you When someone sees what you have turned out to be, she/he will be forced to let you come with his or her child Should I want to convince them, as soon as it nears the time to go upcountry, I would start applying chemicals on myself and I would look smart, I dress expensively and then they will see for themselves how good the jobs found down here are
Turkana
Given the situation on the ground in Turkana where poverty abounds, girls are at risk because they can be married off for dowry. Recruiters discuss dowry with the father of the girl and if the proposal is agreeable, the girl is promised marriage. However the target victim is usually ignorant about the arrangements and is abducted as she goes about her normal daily activities. Apart from promises of marriage, the other promises made to the parents of the victims include employment and education. Victims are recruited from church settings, home, school, bars, restaurants and hotels. The man comes and carries her away, its normal and it happens frequently The girl is just taken away. They agree on cows, goats and sheep. If the girl is found fetching water she is abducted, put on the shoulders and taken away at a distance of about 200 meters where they beat her up till she accepts. That happened to my sister Theres a lady who had just completed form four. The white man told her that they go to Nairobi then he will find her a good university. They stayed together for such a long time that the intake was over. He kept promising her that one day he would take her to the University. It was just by chance that when she came back she still was taken in by the community
Malindi
Victims are often recruited by persons known to their families. Victims form good recruiters as they go back home with the perception that they live better lives. Other mothers then volunteer their children for the trade. Persons who have perfected the art use what is popularly referred to as massage parlours but in reality are retail centers for girls for purposes of prostitution. Poverty and lack of employment opportunities were cited as the greatest contributors to the problem of human trafficking. The desire to live a better life makes it very easy for the traffickers to deceive girls usually with promises of employment and money. Another lady was brought by a friend to their mother who was at Mombasa who used to sell out girls. She would say she has a massage parlor. Now in that massage parlour, the woman sells out the girls I will buy my parents clothes, sugar and other things. Then the other parents will see that and say why dont you go with my daughter and find work
Suba
Those involved in this business join it voluntarily. They go out to look for the jobs and if accepted by the boat captains, they join the fishing squads. The money earned ranges from 500/= to 1,000/= per day depending on the type of fish caught. Income is not determined by age
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and all the money earned belongs to the individual. The lure of money is the greatest motivation for all those dropping out of school to join fishing. The captains are not particularly bothered by the age of those seeking employment provided they can do the job. For the girls however, joining the fishing business is a last resort and they have no choice but to have sexual relationships with the fishermen in order to get the job of pulling ashore the fishing nets. You go in voluntarily as any other person who is looking for work No its you to go and look for work from them we go to a place called center there you get a group of fishermen we call them squad and when they agree you can join their fishing group this is like a business, even a child can do equally good work you have to make a profit so you dont ask what the employees ages are For ladies we come here, we have to do prostitution so as to get money, we go for this business because of lack of fees. If we cant get someone to educate us where can we go? Also for the fishermen to allow a lady to mocho (dry out the fish) you must have a friend in that boat (jaboya) because if a lady refuses then it means she is not keeping up with the rules of working at the lake Nairobi Childrens Forum Deceit is the most common recruitment method and is done through various promises. The promise of education was used to lure them from their homes. In my neighborhood, there was a woman whose husband died and left his wife with his youngest sister she promised to take her to school she later took her to school but did not stay there for a week. It is the kid who cooked, washed clothes and went to fetch water
alone but are usually accompanied by other girls and by the recruiter or an accomplice of the recruiter. They continue to stay at their parents homes while awaiting transportation to the destination. When they reach the designated town, the girls usually live in the home of the recruiter as they await dispatch. Sample Response Usually when the person comes with the girls from the rural area, he/she will keep them in their own home and they will be treated so well until they leave for wherever they are being taken to. Me, when I was being brought, I was brought in a bus and I was with two other girls. We were together with another lady. She took care of everything, she was quite nice. When we reached Nairobi, we were taken to her house in Dagoretti area. After that I was taken to another house near there, where I worked as a house girl. I stayed there for three years then I quit because the woman was so harsh. We came in a private car. I was at home in Kangundo then a very classy woman came in a car. She was with my aunt, my aunt told me that the woman was looking for a maid and that the salary would be Ksh 4,000/= a month
Malindi
Public road transport is the most common means of transport especially within the country. The trafficker pays the fare and any other costs incurred during transportation of the victim. For international trafficking, the trafficker will ensure that the victim acquires all the necessary legal travel documents such as passports and visas. The victims do not travel alone. Some are brought by their parents, who believe that their daughter has secured a good job, while others are accompanied by the recruiter. During transportation, the victims stay with either friends, in guesthouses or lodgings. The most common transportation route is Lamu Road. Other routes mentioned include Mpeketoni Road, the Nairobi Mombasa road and in rare cases the LungaLunga road from Tanzania for persons from Tanzania. Sample Responses They come by buses which are paid for them The white man will do all his best until she gets a passport so that he can leave with her to his
4.6.0
Nairobi
Modes of Transportation Used
For national human trafficking, public transport is the most common means of transport. However, in a few cases private cars are used to transport the victim from the village to the destination town. The girls dont travel
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country Especially the Kambas, they are mostly brought by their parents. Some hire lodging houses they come and stay with friends or hire a guest house
them would therefore rather keep their experiences to themselves and look for alternative employment than seek any sort of help. Sample Responses But no one can help you because no one trusts you. There is no support that you can get from anyone We dont get any sort of help. First of all, when you go back and tell your mother what has happened, she will turn on you and accuse you of being the perpetrator or of not wanting to work. You see her interest is just money so if she sees that you dont have a job therefore you cant give her money she will blame you. You see the person who took you from home is someone they trust and believe so they cant believe if you tell them anything bad about that person. They would rather believe that you are the bad one. You can not tell the police because your employer will say that you have stolen something and even then they have money and can just bribe the police so there is no point of going to the police station to tell them about how you have been mistreated. You would rather run away and look for another job than to waste time going to the police.
Turkana
Various modes of transportation is used depending on the destination. Walking is the main method of movement within the district and in some cases bicycles are used. However, from Turkana to the destination town, public road transportation is used. The victims do not travel alone, the recruiter or his accomplice usually accompanies them. Sample Response Like from where she has been from, she was just on foot about 400 km To go to Kericho, I traveled by matatu There is no sleeping till we get there. How can we sleep in the bush, we walk with canes and weapons On the way I was with the person who was taking me there Suba Because of the terrain of the place that is composed mainly of islands, the common form of transport is the boats, ferries and any other water transport. We use something called (Ngai) for rowing, theres also another one called (Tanga) you go with an engine
Malindi
The respondents were aware of victims who had escaped and sought assistance and received it. Assistance was provided by non-governmental organizations such as SOLWODI, Refugee Assistance Program and the Red Cross. However, majority of the victims did not bother to seek assistance because of shame, embarrassment and lack of information on where to seek assistance. For instance, one had fear that if she reported the matter to any one for assistance, it would appear in the newspapers. I know of one who was helped by SOLWODI Germany to come back here. She was taken by a German then when she got there he started mistreating her. So she went to SOLWODI and they brought her back instead she would be told of how she is housed and given food, by her fellow African lady, so it
4.7.0
Nairobi
Escapees do not receive assistance from anyone mainly because of mistrust and apathy towards them from the society. The employer will always allege they have stolen if they want to leave or if they demand better treatment. They also can not report any form of abuse or exploitation to the police whom they do not trust as they are often bribed by employers. Surprisingly, even when they go back to their own homes, their families do not trust the victims account of events and instead blame them for whatever happened to them. Most of
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continued like that until she ran away to some refugee house for the Refugee Assistance Program, she asked them for assistance and they got her employment and now she leads her own life most of them do not look for help. You get when a person decides to ask for help, she thinks that you shall tell other people of her problems. So many keep it secret then there are those who do not have the information, I mean they do not see any way out, they think there is no where they will get any assistance and they remain in that state of suffering many refuse to look for help perhaps because of what happened there, they find it shameful to explain to other people and again, they fear that when they open up and tell other people, perhaps they will feature in a newspaper article I will say like the others, its the shame, you are told that you are going abroad and when you reach there you are mistreated, so I mean you think some will laugh at you, thats the reason why they do not want to say anything
What helped is that she asked where the parliament was and she got access to Hon Moroto. It is he that assisted her with money to get back here The only way we can help these people first is through education. All the educated Pokots dont go for that. They talk to the brides, talk to their parents and get the blessings. So education is the key The second one is through the church, the church will do counseling, in fact they can incorporate this into the Pokot culture
Suba
In Suba the greatest challenge is the lure of money. The money earned from fishing is quite attractive to those involved and they do not want to leave voluntarily as they see the benefits outweigh the exploitation. It would be difficult to persuade the young people to go back to school. Because of lack of employment opportunities in the area, education is not perceived as very important. The freedom enjoyed in the fishing industry also discourages these young people from going back to school where they are required to observe the prescribed rules and regulations. Seeking assistance for them was hence not a priority. Also right now if I decide am going to school its difficult because I feel superior to the teacher because I have more money than her/him In this business the educated or not all are here! Even graduates come here for money because there is no other way, I am also educating my siblings this business helps a lot They cannot seek help or go back to school because most of them will have been introduced to drugs, alcohol and prostitution. It is difficult for them to go back to school For me I cannot go back because I have known money and all the enjoyment here I cannot go back because of the rules in school Its difficult for me coz I am used to being my own boss I cannot be controlled now
Turkana
Generally no assistance was sought by any of the escapees mainly because of embarrassment as a result of the rigid societal expectations of women. The few who tried got it from a politician and a local community-based organization. The politician provided financial assistance while the CBO provided education and training. Respondents felt that civic education would be very useful in combating human trafficking in their area. They also felt the church could offer assistance to escapees by way of counseling. In the village she feels embarrassed to share because she will not be in a position to market herself in the community. No man will want to marry her She came to our office for help and we have even taken her to adult literacy class to know how to read and write. We also want to take her to a polytechnic
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Nairobi Childrens Forum

Most of these children did not seek assistance from anyone but opted to run away from the hostile conditions. In a few cases, concerned neighbours sought assistance from the police, child rights organizations and community vigilantes. About 2 years, she really tried persevering the problems. Being beaten as she worked she goes for kids from school, cooks and does all the housework. One day she just disappeared. We dont know where she went to she just ran away The neighbours did not like what was happening so they arranged for a meeting She went to the children rights people you go to these people in case you have a story about someone who is suffering even if you dont have the ability to offer help However, these children would be interested in completing their education and a few have even taken steps towards this. Education is seen as the key to selfreliance and this is what they desire. I can even kneel down 100 times, run all over the village being overwhelmed because am going to school I want to go back to school and start living my life I wake up in the morning and do some garbage collection or slash. I am trying to save for my education so that I can help my mom in future
There should be very tough laws to prevent people from doing such things. I mean you can hear of a teacher raping a student then he is given a fine of 6,000/-. That is nothing, he will pay the fine and continue raping young girls. So it has to be made stiffer. I even think it is good that they should be castrated so that others can learn from it if there are such laws then I think it would be important for people to be made aware of them but for now, I have not heard of such laws
Malindi
There is no awareness of any laws that deal specifically with human trafficking. However, there is some awareness on the consequences that one could face by employing minors or having sexual relations with a minor. There was a feeling though that the country must have some laws but the problem is the enforcement due to corruption and laxity by the authorities. It is worth noting the terms used for child sexual abuse lovemaking which seems to imply participation by the child in the act. To counter the problem of human trafficking, it was suggested that the government create awareness about human trafficking and enforce the laws. and again, if you are found to have employed a young child under 18 years while others are going to school, that is a crime and you will be reported Marrying a young child is also a crime there is the one if you are found making love with an under eighteen especially if one rapes a child under 18 years the laws are there and they are good but they are not followed I would say this, its money that facilitates everything, I mean the laws are in place but those who should enforce the law do not follow them I would say its money that facilitates everything nowadays. Lets say for instance, an Italian has been found with a young child and is making love to her/ him, the child is arrested. When the child is locked in, the Italian will get back there with money and bribe so that the child is released. So its the money that works
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4.8.0
Nairobi
Awareness of Legal Options/ Provisions
There is no awareness of any laws concerning human trafficking but there were proposals for stiff laws and penalties as well as creation of awareness of the existing laws. I know there is something called human rights but am not sure if it is what we are talking about
Turkana
There was no awareness of any human trafficking laws. The community has its own socially recognized and acceptable laws that are deemed superior to the laws of the country because the latter are perceived to be foreign. In fact what is to be remembered is that rights will always be limited to where there are no enforcers. For example if you go down there is Pokot land and talk of rights, that means nothing; in fact it takes a month for a police to go down there. Going there is hard because there is no law In this society we have 2 governments, there are the statutory laws made by the government and then we have our own government with its own laws and even the constitution When you go to where there is no police station, it is the traditional government that operates. It is the government that promotes child abuse In this setting one can not allow a law to be enforced because if a policeman wanted to arrest a man who forcibly married a girl the community will go against the law. It is the problem of culture To resolve the issue of human trafficking, respondents suggested that the local administration be empowered to take action against perpetrators. Civic education was also suggested because it was felt that with awareness, human trafficking would be recognized as a crime and thus make it easier to punish those involved and in essence control it. Finally given that poverty is perceived to be a major contributor to human trafficking, it was suggested that the government improves the economy so as to reduce poverty and thus, curb human trafficking.
me I ran and went far in another island called Remba then came back later Yes the chiefs and the sub-chiefs tried to stop and they still do There is nothing the chief can do because I can hide through the lake by swimming, its impossible for him to get me Nairobi Childrens Forum The children are not aware of any legal provisions regarding human trafficking. However, they proposed stiff penalties for those who mistreat children. There was a feeling that parents are responsible for the childrens welfare and should be held accountable if they do not perform their roles as parents. I would deal with the parent first, if you cant care for your kid then dont give birth I would first take the kid to school then take these people and put them in custody for ever I will ask the kid what job he was doing, if he was washing clothes and the house, in case it was the parent, I will make him do double that. I will not even give him good clothes I will give him rugs to wash and ask him to make them new and ask him if he cant make them new, how did he expect the kid to wash
4.9.0
Media Awareness
Suba
Respondents are not aware of any legal provisions regarding human trafficking. However, they do know that dropping out of school to engage in the fish business is wrong because the chief comes around to round off children to take them back to school. In Suba there are also Islands that are perceived to have their own system of laws and governance and which the government can not reach like Ringiti and Remba Islands so people run and hide there when they have committed a wrong. Last year the chief was walking chasing young people from the beach and canning them but me am sharp, for
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In order to establish the appropriate medium of communication for advocacy purposes, we asked respondents to tell us which print and electronic media they were aware of, their favourite one and reasons for their preference.
Nairobi
There was a high degree of awareness of the various media channels. In the electronic and audio media, Kenya Television Network (KTN) and KISS 100 FM were well known and regarded whilst in the print media the Nation was well regarded since it was deemed to be widely read and hence largely available. Other television stations mentioned include: Kenya Broadcasting Corporation (KBC), Citizen and Nation while radio stations included: Easy FM, Metro, KBC,
Citizen, Kameme, Ramogi FM and Inooro FM. In the print media, the Standard Newspaper, the Citizen and the Taifa Leo were also mentioned. KTN was well regarded because it was perceived to be forthright, trustworthy and has countrywide coverage. KISS FM is popular because of its presenters who relate well with the audience and its wide reach, while the Nation newspaper is liked because it is forthright and widely read. Independent news reporting, trustworthy and can be watched anywhere in the country Forthright, presenters are good and we can relate with them, can be heard everywhere it is widely read so if you cant afford a copy, you can at least borrow it However, despite the fact that most areas are well covered by the media, it would be important to use other communication channels. In this case, the local women groups at the village level were recommended as a good
channel of communication because of the assurance of secrecy. It would be good to use the womens groups because as you can see some of the things we have discussed are private and if you were a man, we would not have told you everythingbut you have to make sure that it is only women because they will not be comfortable if there are men
Malindi
There is high awareness of service providers in both the electronic and print media. With regard to television: KTN, KBC, Nation and Metro were mentioned whilst KISS FM, Inooro, KBC, Citizen were mentioned in the radio category. Nation, Standard, Taifa Leo and Coast Express are all well-known newspapers. In the electronic Media, KBC is a favorite because of its wide reach, language used (Kiswahili) and it is easily received and quite clear. Radio was a preferred medium of communication because one can listen to it all the time even while working and because of its affordability and accessibility.
Participants during the Malindi Focus Group Discussions

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they are widely understood for instance their news is in Kiswahili and most Kenyans understand Kiswahili I think the radio is better because everyone even in the countryside, everyone will afford but for a TV setwhere do you get it from? first of all, I personally dont have a TV set and again for radio, perhaps you wont tune in at 6:00 pm but at 7:00 pm you can listen to the news, whichever you want and everyone shall listen with TV when you are attending to your work, you can not get a chance to watch
KBC is the best; in fact for all these stations they are not audible in most parts of the district There is a high awareness of televisions. Amongst the television stations mentioned were KTN, Nation, KBC whilst the newspapers mentioned included Nation, Standard, People, Citizen and Times. None of the television stations and newspapers stood out as the favorite. For communication purposes; barazas at water points and churches approved by the council of elders were suggested as the most suitable channels of communication. Women groups do not exist in the area and so they are not considered as a medium of communication.
Turkana
There is high awareness of radio stations. KBC, Sayare FM, Citizen FM, Kiss 100, Classic FM, Easy FM, Kass FM, Amani FM in Kitale were among the popular ones. However, KBC is the most favorite station because of its clear reception.
Suba
Suba is a remote district and thus awareness of media service providers is quite low. Only three radio stations were mentioned Ramogi, Citizen and Victoria while no television stations or newspapers were mentioned. The radio stations are popular because of their programmers.
Participants in the Turkana Focus Group Discussions

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be young teenagers around 13-17 years. I like news and other small, small programmes I cant remember the names but the ones that counsel girls on moral values I like listening to Ben Oluoch Oginga, he says the day has come even in the lake, I like it The songs are very sweet. I like the songs (nindo tere) Television is perceived to be for the rich because it can only be viewed if one has access to solar energy. When asked which method would be most convenient for communicating messages to the community, they preferred one-on-one or direct communication with the groups. Barazas are perceived to be forums for meting out punishment for wayward members of the community and as such they would not be ideal for dissemination of information. There was generally low understanding of the concept of human trafficking in most of the places visited. For instance in Nairobi, it was generally perceived to be mistreatment and hence a moral and not a legal issue. In Suba, even though it was acknowledged that there were forms of exploitation, it was not deemed as unlawful due to the voluntary participation by the victims. In Malindi the element of exploitation was also down played as the victims tended to be blamed for involving in prostitution or drug-taking. However, in Turkana even though the general populace were not aware of the concept of trafficking, the opinion leaders seemed to have a clearer perspective of what trafficking is. This means that there is still need for concerted action to create awareness on trafficking as a crime. In the FGDs it was clear that even though both boys and girls are vulnerable to trafficking, the girls were more a target than boys. They were affected by trafficking in different ways, for instance in Suba, boys could freely decide whom to work for but for the girls the choice was limited and they had to involve in prostitution with the fishermen in order to get some work. One common strand of potential victims was their poor economic backgrounds since in all areas where the FGDs were conducted, it was agreed that most victims were poor and trying to eke out a living. Education was also a factor since in most areas they were the lowly educated that tended to fall victim to trafficking. Other than Malindi where it was noted that women as old as 45 years were exploited sexually, in other areas even though there was no agreement on the common age, most were seen to The two urban centers where the FGDs were held were Nairobi and Malindi. The areas it was noted the victims came from was predominantly Eastern, Western, Nyanza and Central Provinces to the cities. However in Malindi, the victims were also predominantly from the Coastal region. In all the areas, familial networks were mainly used to lure the victims. Persons who were well regarded and rich in the localities would recruit the girls and at times they included relatives. Other means used included the church were pastors also lured people with promises of good jobs. Former victims were also instrumental especially in sex-tourism industry. Foreigners were mentioned including Italians and Germans especially in the Coast region. Traffickers were both male and female. However in most rural areas, female recruiters were noted to be more. Deceit is the most common recruitment method and it is accomplished through various false promises such as the promise of a better life, employment, marriage and even education. However in Turkana, abduction was also used. Public road transport is the most common means of transportation in most areas except for Turkana that people walk for even up to 400 kilometers and sometimes bicycles are used. In cases of abduction, the girl is carried by many men, beaten to submission and made to walk thereafter. In Suba, different types of boat are used and in Malindi, air transportation is used for international trafficking. Victims destined for Nairobi noted that they traveled with other girls and often in the company of the recruiter or an accomplice of the recruiter. Upon arrival they stay at the recruiters house until transfer to the employer. In Turkana and Malindi, the girls were accompanied by the recruiter. However in Malindi, most girls especially from the Kamba community were often accompanied by parents in the mistaken belief that their daughter has secured a good job. Upon arrival in Malindi, the victims stay in guesthouses or lodgings and are rarely in the recruiters house. Most victims did not know of places they can seek assistance since they distrust the system as a consequence of large perception of rampant corruption. It is only in Malindi that victims could seek assistance in organizations like SOLOWODI and also in Nairobi where the neighbours could call child rights organizations. However, in the rural
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areas, there were no known structures. In one instance, a girl sought help from a Member of Parliament. The level of knowledge of legal provisions on trafficking was very low. However, at the Coast and Nairobi, there was general information of the unlawfulness of having sex with minors or employment of minors. Nonetheless this did not deter perpetrators as laws were deemed largely ineffective. Turkana and Suba had a unique situation since the regular laws were not largely regarded and people had their own system that they governed themselves by. In Turkana, culture was more respected than statutory laws. In Suba, the administration was largely disregarded
as people who were sought for offences could run and hide in other smaller islands where the effect of the provincial administration or justice system is absent. Even though in the urban centers there was large awareness of a variety of mainstream media channels and general access to other non-mainstream channels in the rural areas, most places preferred other modes of communication for purposes of creating awareness such as barazas, womens groups and the church as approved by cultural leaders. Respondents in Malindi preferred KBC radio in Kiswahili. In Suba, they preferred direct communication with the communities.
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Section 5 Qualitative Survey: In-depth Interviews

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5.0.0 In-Depth Interviews

A total of 34 in-depth interviews were conducted using a pre-set questionnaire. The questionnaire sought to solicit responses to targeted questions. This section gives an overview of the responses as per the said targeted questions. The 34 respondents were from different sectors who are either working on issues of trafficking or are likely to have come across the same in the general course of their work.
5.2.0
Information Needs Resources and Use
5.1.0
Respondent Prole
Out of the 34 respondents interviewed, 12 respondents claimed to frequently require and use data on human trafficking, which they sourced from the media (radio, T.V., newspapers), government sources, the UN and other international organizations. Other less frequently used sources of information included libraries and similar centres. A few claimed to have sourced information from the police statistical reports. The information sought was used for compiling reports, action alerts and investigating cases in that order.
The respondents interviewed were from NGOs, religious organizations, the media, CBOs, INGOs, government bodies and others CSOs who may have information on trafficking. Fig 1: Profile of Respondents by organisation
5.3.0
Prole of Victims
When asked who were particularly at risk of becoming victims of trafficking, 31 respondents stated that girls and women and especially those from the rural areas are most at risk. Persons from poor, economically unstable backgrounds are predominantly targeted for trafficking closely followed by those who have been orphaned. Those with relatives abroad are rarely targeted for trafficking purposes. Whereas the harbouring of different political views did not make one vulnerable to trafficking, persons who emanated as vulnerable to trafficking were from politically unstable countries who are often looking for financial mileage in rich developed nations. This made them easy targets especially for international traffickers. This could also explain why Europeans and Americans are the least likely targets for recruitment purposes. Kenya becomes an attractive transit point for persons looking for opportunities due to its perceived stability in the region and also due to the presence of many agencies that are deemed to be in a position to assist with relocations such as UNHCR. Many of the victims are promised that once they leave their countries, documents for resettlement or travel may be arranged. This is also largely attributed to the lack of stringent immigration controls that makes it easier to forge documents. Kenyan passports are also perceived as relatively acceptable to the developed countries and hence traffickers use this as bait for victims. However, one thing that emerged is that there are persons who are not traffickers but merely immigration racketeers who assist persons to leave the country and settle abroad. This process though, makes many persons amenable to abuse once they leave the country since there is no guarantee of their protection abroad. With regard to nationality, Kenyans are the majority of those trafficked, followed by Ethiopians, Ugandans,
Of these respondents, the majority were program/project officers followed by the organizations management. Consultants, volunteers and counsellors comprised the smallest proportion of respondents. With regard to gender, the women respondents were slightly more than the men. Fig 2: Profile of Respondents by profession
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Somalis and Sudanese. Other nationals trafficked in smaller numbers include Asians, Tanzanians, Rwandese, Eritreans and Burundians. Other Africans (excluding aforementioned nationals), Americans and Europeans are least likely to be trafficked. It is worth noting though that these numbers reflect the persons trafficked from Kenya and is not indicative of comparative totals between countries. For instance, the total number of Ethiopians trafficked from Ethiopia may well be higher than the total number of Kenyans trafficked, but these numbers are indicative of nationals trafficked from within Kenya. For instance, one of the key observations by one of the researchers is that a big number of young Ethiopian girls (between the ages of 22 26) appear to travel frequently to Lebanon that has been singled out as a destination for trafficking. In one single trip, there were about 15 such girls in one flight and about three from Western Africa. From an in-depth interview with Caritas Lebanon, it emerged that indeed in terms of numbers, especially to the Middle East, Ethiopians are more likely targets than Kenyans as victims of trafficking especially for the domestic work. This is because in the Middle East, trafficking is also tied largely to racism as persons who are darker skinned are less attractive for the market and are indeed paid less. In fact, whereas Ethiopians were preferred to others in the Eastern African region, (due to their lighter skin), they were not as popular as the Phillipinos (who were deemed more light-skinned and were seen as a sign of prestige if one was able to hire them as a domestic help.) Most of those working as domestic helps were not allowed to leave the employers houses and their passports were often retained by the employer apparently for security reasons making it hard for them to leave should they choose to. The majority of those targeted for recruitment are between the ages of 11 20 followed by those who are aged 21 30.
The majority of the traffickers are males aged between 31 40 years who come from poor/economically unstable backgrounds and are looking for means to make money. Some of these traffickers have relatives abroad while others are people whose political views are different from those that are prevailing in their country and have sought refuge in Kenya.
5.4.2
Facilitators
Those involved in facilitating the recruitment process are older than the victims and are mostly those aged 31 40 followed by those who are 41 50 years old.
5.4.3
Harbourers
In most cases, the persons who harbours the victims before they are dispatched to their next destination are elderly women aged 41 50 years followed by those who are 31 40 years. Most harbourers are Kenyans. Others are Ethiopians, Ugandans, Americans, Tanzanians and Sudanese in that order and who especially harbour victims from their respective countries. Other African nationals are least likely to be harbourers.
5.4.4
Exploiters
Exploiters are usually males aged 41 50 years, closely followed by those who are 31 40 years old. With regard to their nationality, majority of the exploiters are Kenyans, followed by Europeans, Asians and Ethiopians in that order.
5.5.0 5.5.1
Recruitment Methods of Recruitment
5.4.0
Prole of Trafckers and Accomplices
From the in-depth interviews, a general trend emerged in relation to the profile of traffickers and accomplices. This is captured as below.
5.4.1
Trafckers
According to the key informants, Kenyans, Ethiopians, Somalis, Europeans and Americans form the majority of the traffickers. Others are Asians, Eritreans, Rwandese and Burundians in that order. They engage in this activity for financial gain.
Due to the victims economic vulnerability, most are usually recruited through deceit, fraud and inducement. Role models (that are persons perceived to be doing better, for instance in other countries and hence become a source for emulation) are the least used means in recruitment. Victims are promised a wide range of things and some of the promises that they find most attractive are the promise of a better life, the promise of employment and the opportunity to make more money. Threats, force and abduction are also not as commonly used. Other methods of recruitment are as shown below:
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Fig3: Methods used by traffickers to lure victims
5.5.4
Place of harbouring after recruitment
As they await deployment upon their arrival at the destination, most victims are housed in the residential home of the trafficker/recruiter and in hotels. Other places they could be kept in are brothels and religious places such as the churches, mosques and the temple. The least likely place for victims to be housed is the hospital.
5.6.0
Modes of Transportation Used
Victims are taken from their home to the destination by road, public road transport and by air as shown below: Fig4: Modes of transportation used in human trafficking
5.5.2
Knowledge of Recruiter
The victims often know the persons recruiting them because these people are usually relatives. Family friends and neighbours, are also involved in the recruitment process. This implies that traffickers exploit the trust that is bestowed upon them by virtue of the relationship they have with the victim or the family.
5.5.3
Place of Recruitment 5.7.0 Forms of Exploitation
Ironically, while most people naturally perceive home to be the safest place they can be, it is the place where most victims of human trafficking are recruited. Employment bureaus, nightclubs, streets and surprisingly the church follow closely as other common recruitment areas. The least likely recruitment areas are universities, colleges and hospitals.
Upon deployment most of the victims are exploited sexually and forced into prostitution. Other methods of exploitation are shown in the chart below: Fig5: Forms of exploitation
Ironically, while most people naturally perceive home to be the safest place they can be, it is the place where most victims of human trafcking are recruited.
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5.8.0
Those who manage to escape require various forms of assistance. However they choose not to speak out because of lack of information, fear of reprisals, stigmatization and embarrassment. Lack of support systems for re-integration also makes it difficult for victims to speak out. According to the respondents it is important to avail certain services to victims but these is often lacking. They ranked provision of information, prosecution of traffickers and re-integration as the three most important forms of assistance that an escapee would require. Other forms of assistance are as shown in the chart below: Fig6: Importance of assistance required by victims
Well the first is look at awareness. Without defining what trafficking is, the assumption is that everybody knows what it is. Even if it were designed, it would be a very small segment of the population that would know what human trafficking is. Some people might be innocently carrying out trafficking without knowing that what they are doing is trafficking Gvt body We also need to enact a legislation that will curb human trafficking. Right now, we find that even if the traffickers are caught the law does not provide a provision on what sort of punishment they are supposed to be given Gvt body Case studies of people who have been trafficked would help in the sensitization process because people who have been trafficked could share their experiences and this could help the public Media
5.10.0 5.10.1
Source, Transit and Destination Regions Countries of Origin
5.9.0
Combating Human Trafcking
In relation to internal trafficking, various towns were mentioned as source regions but Western Kenya, Central province, Eastern province, Nairobi and Coast were the most frequently mentioned. For Nairobi, respondents were specific that it is those from the poor areas within the city who were likely to be trafficked. The main reason being search of an income. Rural areas like Kakamega where young people are more aggressive and want to earn money fast NGO The slums where there is a big population and little or no income to sustain them NGO In most of these rural areas, there is low or hardly any income. Thus parents agree to send their daughters to go to work in the city to bring income to the family Gvt body The other area is the Coast region mainly because of the tourist activities Gvt body
To combat human trafficking, awareness creation, enactment & strict enforcement of legislation on human trafficking, stiffer immigration procedures and economic reforms were popular suggestions recommended by the respondents. It was felt that the problem of human trafficking is easily perpetrated because it is not recognized as a crime by the society. Respondents stated that they were not aware of any legislation that deals specifically with human trafficking and thus offenders are set free because none of the existing laws can be used to punish them. We should also tighten the immigration procedures. You will find that these people will come and what they are doing in the country is not actually known. So you will find that Kenya because of its weaknesses of the immigration is a conducive environment to undertake these activities Gvt Body
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Most affected region is Central province because you will find that most of the facilitators are based in Nairobi Gvt body
Wajir are free and easy ways to transit the victims from the border to the interior cities. NGO Nairobi especially with the Nigerians who are notorious for trafficking these girls. This is because of the international airport that is found in Nairobi. Therefore it is easy to transport them out of the country Gvt Body Mombasa because of the sea. Ships do come and go from the port of Mombasa and the second international airport is also found here. Kisumu because of the lake that eases transportation. It is easy to go to Uganda via the lake. Govt Body
5.10.2
Destination Regions
The destination for human trafficking internally is mainly Nairobi and Mombasa cities and international trafficking is mainly European cities, America and some Middle Eastern countries. Sample Responses Literature does seem to indicate that the route follows from Western Kenya coming all the way through Central Kenya and ending up at the Coast. Gvt Body It is easy to traffic them abroad especially America where they feel that life is good and they think that it is easy to get money Media The big towns like Nairobi are the ones that can be destinations because that is where the jobs are supposed to be Media
5.11.0
Impact of Organizational Responses on Victims of Trafcking
Most of the respondents do not have specific programs designed for victims of trafficking. For this reason, they noted that trafficking did not have a direct impact on them or on their activities and are likewise unable to gauge the impact of their programs on victims of trafficking. At the moment there is nothing to define what trafficking is so it is hard to measure the impact that it could have. Gvt Body In Kenya we have not yet started dealing with victims of human trafficking. There are specific countries where we provides assistance to victims of trafficking. Internationally we are involved, for example in South Africa we provide shelters for victims, we have prevention programs, advocacy programs and re-integration programs. But currently we do not have programs here in Nairobi INGO
5.10.3
Transit Regions
Other than being destination towns, Nairobi and Mombasa were also perceived to be transit regions for international human trafficking because of the infrastructure available for international travel. The border towns of Western Kenya and North Eastern Province were named as the transit points for cross border trafficking. The boarder towns with Tanzania were also perceived as a transit point for cross-border trafficking especially for employment in domestic labour. The three major regions, Western Kenya, Central Kenya and the Coastal region; these could serve as transit regions. But that is as far as international human trafficking is concerned Gvt Body North Eastern province, the border towns like Moyale, Marsabit, Isiolo, Mandera, Garissa and
From those interviewed, there was no organization offering shelter for victims or that had a comprehensive program for victims. Few organizations had just started working on advocacy around trafficking and hence the impact of their work on trafficking is still not measurable.
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5.12.0
Awareness of Trafcking Networks
None of the respondents was aware of any specific organized human trafficking network in Kenya. However, as a result of media reports; some felt that religious organizations and the various employment bureaus within the country could be involved in organized human trafficking. But I get very skeptical about the employment bureaus. I think that they con people into thinking that there are good jobs out there. I am not sure but I suspect that they could be part of a network Media what we have learnt is that the church is also getting involved. For example, the Deya saga, that is a cartel and you know that people trust the church so you can hear of things such as church sponsorship and people would like to go. They also get visas very easily because it is the church Gvt body The church is trusted and it can say that they are taking 50 people for a holiday or to any other destination now when the church says that they are taking their people to America, Europe etc, what they carry, nobody knows NGO
working there. If these parents had known that their girls had come to work as maids, they would not have accepted. Again, may be poverty comes in so strongly because if you do not have money and if you have girls and they can work, so what? There is no problem. Media I think people could have some awareness but the poverty level makes it difficult to work. Like we all know that it is wrong to employ anyone under the age of 18 but people everywhere are always looking for a young girl whom they can pay cheaply. Gvt Body
5.13.2
Training on Human Trafcking
Out of the thirty four respondents interviewed, only three (3) had undergone any sort of training in human trafficking. The senior management in Ministry of Labour, the program officer in IOM (International Organization of Migration) and the project officer in an Ethiopian CBO (Community- Based Organization). The training received covered topics such as domestic trafficking, international trafficking, surveillance and data recording, counseling and psychology. This means that even though most of the people interviewed were from agencies likely to deal with trafficking in persons, most were not well equipped to deal with trafficking issues.
5.14.0 5.13.0 Public Awareness and Training on Human Trafcking Public Awareness
Adequacy of Kenyan Legislation in Curbing Human Trafcking
5.13.1
There is a general feeling that the legislation is inadequate as far as curbing human trafficking is concerned. How could the answer be anything else but no. I mean we are not curbing anything. There is no legislation on the issue and whatever laws exist are inadequate INGO No. Because there is no particular Act that can be quoted to punish the offenders and that is why most of the NGOs are trying to push for a legislation to be passed. If this happens, most of the human traffickers would be prosecuted. NGO
Respondents felt that public awareness of human trafficking is very low mainly because human trafficking is not recognized as a crime; but is perceived as someone providing a helping hand to the less fortunate members of their family or society. When elements of exploitation become evident, people perceive it as a moral and not legal issue. However even when it is perceived as a legal issue, people do not take action because at times the exploitation is deemed a better option to poverty. It is very low because go to the slums of Nairobi for instance, you will get very young girls
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5.15.0
In-depth Interviews Outside the Country and at Border Points
Key in-depth interviews were done with institutions and individuals at the border points with Ethiopia, Tanzania and Uganda. Other than this, interviews were also done with 11 victims of trafficking in Ethiopia and Lebanon, 8 of whom were Ethiopians and the other three from Cameroon, Nigeria and Zambia. The organizations interviewed in Ethiopia included the Ethiopian Women Lawyers Association, Good Samaritan and IOM. In Lebanon, an interview was held with Caritas. From the interviews, it was clear that border controls are not very stringent making it easy for persons to travel across border. In Malaba for instance, out of the 6 persons interviewed that were either police officers or immigration officers, there was a total of about 520 people they had encountered within the month without proper travel documents whereas in Moyale the number was about 325 within that month. Persons with suspicious looking documents were about 360 in Malaba and about 290 in Moyale. There were about 140 unaccompanied children within the month in Malava and 50 such children in Moyale. Whereas these figures are themselves not conclusive of trafficking, they are indicative of the ease with which persons can move across borders. It was further noted that many of the people used non-official routes such as paths that were not monitored as the security officials were mainly concerned with regulating person using official channels such as passengers in buses using the designated roads. The flow from Ethiopia to Kenya was mainly caused by insecurity in the country as the government once in a while undertook a crackdown of the Oromo Liberation Front and many persons associated with it or fearing arrest would run into Kenya. Others also came in due to famine and others are engaged in different forms of illegal trade. There were a few people from Eritrea that also crossed over on foot from Ethiopia. Even though some of the people walked into Kenya, many used lorries to Isiolo. It was revealed that getting into Kenya was not a problem once you had a passport since no visa was required. Furthermore the border controls are not stringent if one only wants to cross over to shop. The challenge was identified as ensuring the stay in Kenya is extended. Some of the persons interviewed noted that some people sought refugee status once they crossed the borders but others chose to extend their stay illegally as there are people who specialize in stamp extensions at
120 Bicycle taxis
an illegal cost of between 6,000 to 8,000 Kenya shillings. Many of the persons who crossed into Kenya from Ethiopia or Eritrea sought to get refugee status through UNHCR and hopefully get resettled in Australia, Canada or USA. On the other hand, those crossing from Malaba were mainly from Uganda (80%); DRC Congo (8.2%); Burundi (9.5%); Rwanda (10.6%); Sudan (6.5%). Boda bodas120 were noted as very critical for movement since the immigration officials are not strict with persons who appear to be crossing the border to shop hence many people either walk or use border borders and once in Kenya, get their stay durations extended illegally at a fee. An interview was undertaken with an official of Caritas Lebanon, an organization that deals with migrant workers, refugees and asylum seekers. They offer social, legal and medical assistance to persons in the named categories either in prison or out of prison. The issue of trafficking was noted as a key concern in Lebanon with many people migrating in search of work but at times ending up exploited as they end up doing work they did not bargain for or end up exploited sexually. In Lebanon the travel documents of migrants are confiscated upon arrival by their sponsor. Some of the people have contracts and others do not have but even those that have contracts note that they are often not followed strictly as the contracts in Lebanon differ significantly from what was signed from their original countries and are often notarized in Arabic that few of the employees understand. Most of the new contracts have no rules and only salary stipulations. Many of the girls complain that they work under restrictive and deplorable circumstances. Some are never paid, others have no days off, no fixed hours of work and no privacy. Many are not allowed to call home and at times many attempt to run away. The average salary paid is tied to the employees race with the Phillipinos being a favourite and hence earning an average of US $ 200 a month. Hiring a Phillipino is a sign of prestige. Srilankans and Ethiopians who earn US $ 100 a month are not favoured as they are darker skinned. Their salaries may be reviewed to 160 $ after a month. The victims that were interviewed noted that they were not allowed contact with others or their homes and were confined mainly at home, an observation that was also noted by the researcher. Many of the victims felt they were in bondage as they never have papers to leave as their documents are confiscated by employers. It is reported that that employers believe that the confiscation of the passport prevents the employee from escaping or
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leaving the country.121 What then happens is that once the visas that are issued for three months expire, they can not renew them as they do not have passports and are forced into bondage. Those who run away are arrested and charged with being without a valid work permit. They are detained at the General Security prison for foreigners in Furn es-Chebak that is very cramped up and in deplorable condition. One of the persons from Nigeria had been working in Lebanon for over 6 years and had never been in contact with her family back in Nigeria where she left her children and husband. A 22 year-old girl from Cameroon who had worked for a year under a fixed contract decided not to renew the same as she found the conditions deplorable. Fortunately for her it was easy to leave as she deemed it bondage. Not many Kenyans travel to Lebanon and Caritas had only dealt with 4 cases related to Kenyan female migrants Country Ethiopia Phillipines Egypt Jordan UK Porkina123 Turkey Senegal Syria Iraq Liberia Burma Algeria New Zealand Venezuella Congo Morocco Yemen South Africa Germany Narouj124 Nigeria Numbers 18,146 12,844 12,056 202 118 57 198 399 436 217 45 1 20 7 1 66 47 9 7 59 4 380
and only 1 had a case that appeared to be a trafficking case. However, it was noted that there were more Kenyan men in Lebanese prisons who did not have travel documents but were trying to get back home to Kenya. Many people from Asia and African countries migrate to Lebanon in search of better opportunities but at times end up exploited. Even though official figures show high numbers from Asian countries and some African countries, it was noted that the actual numbers are often triple the official numbers as there are many more persons who travel using unofficial channels.122 Figures received from Caritas (from official statistics by the Ministry of Labour of Lebanon) indicate that the numbers of people who officially migrated to Lebanon in 2003 were as per the table below.
Country Sri lanka India Brazil Pakistan Bangladesh Benin Sudan Eritrea Sierra Leone France Mali Tunisia Dominican Republic Holland Colombia Madagascar Mozambique Australia Indonesia Chad Nepal Haiti Iran
Numbers 32,772 5,621 17 266 5963 121 604 333 44 226 28 25 1 10 22 119 1 13 60 4 119 63 64
121 A New Slave Trade: Trafficking of Ethiopian Women to Arab States, Atsedewein Tekle and Tsehay Belayneh; Womens Affairs sub-sector in the Prime Ministers Office and IOM, Addis Ababa, June, 2000. 122 Committee on Pastoral Care of Afro-Asian Migrant Workers (PCAAM), Afro-Asian Migrants in Lebanon, Beirut, 15 October 1999 123 Some of the translations from Arabic are not clear and hence this is assumed to be Burkina. 124 This is presumably Niger Promoting justice for children, the future in our hands!
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Palestine Vietnam Ivory Coast Spain USA Argentina Canada Saudi Arabia Thailand Emirates Libya Guinea Belgian Other European States Ireland Seychelles Japan Albania Malagasy (Melgash) Italy Australia American States Denmark Cambodia Trinidad Cuba Armenia Cyprus Yugoslavia Mauritania Bologna Singapore Grand Total
245 164 81 2 159 2 60 22 64 1 14 12 17 28 10 11 4 2 35 49 3 3 5 1 2 2 3 4 8 1 13 1
Togo Gambia Ghana Afghanistan Somali Equador Croatia Greece Romania Bahrein Kenya Zaire Other African States Russia China Malaysia Tanzania Cheslovakia Mauritius125 Hungary Switzerland Zambia Cameroon Other Asian countries Qatar Kuwait Cyprus Sweden Malta Bulgaria Chile Korea 94,647
245 30 214 10 32 10 2 11 37 3 11 2 369 12 41 5 7 1 23 9 16 1 71 553 1 5 4 7 1 9 1 6
125 The translation from Arabic is not clear
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Annex
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Respondent Prole
QUANTITATIVE 510 face-to-face interviews conducted with victims of human trafficking. Kenyans comprised the majority of the respondents, followed by the Ethiopians and the Rwandese respectively. FOCUS GROUPS 4 focus groups and 1 childrens forum were conducted. The focus groups were conducted in Nairobi, Malindi, Suba and Turkana. The childrens forum was conducted in Nairobi. Respondents for the focus groups including the childrens forum comprised people who have been affected by human trafficking. IN-DEPTH INTERVIEWS These were conducted with senior management of NGOs, government ministries and civic bodies who have knowledge about human trafficking. Interviews were also done at the border points of Kenya. Other interviews included in-depth discussions with Caritas Lebanon and 3 victims of trafficking from Cameroon, Nigeria and Zambia that had been living in Lebanon. It also entailed interviews in Ethiopia with organizations including IOM, Good Samaritan and Ethiopian Women Lawyers Association.
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Trafficking - Grand Illusions Shattered Dreams Report On Human Trafficking in Kenya TheCRADLE

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Trafficking - Grand Illusions Shattered Dreams Report On Human Trafficking in Kenya TheCRADLE

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Grand Illusions, Shatered Dreams

REPORT ON THE STATUS OF HUMAN TRAFFICKING IN KENYA

Written by: Millie Odhiambo - Mabona & Beatrice Kayatta

Published by: The CRADLE - The Childrens Foundation

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Design and layout by Design Specifications Limited.

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Abbreviations and Acronyms

SPR&R SOLWODI THB TV NGO UAE UN UNDP UNICEF UNODC US

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Promoting justice for children, the future in our hands!

Promoting justice for children, the future in our hands!

Promoting justice for children, the future in our hands!

Key Findings and Recommendations

Key Findings and Recommendations

Kenya as a Source, Transit and Destination Country

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Trafcker Prole and Networks

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Main Reasons and Causes for Trafcking

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Legislative and Institutional Framework

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1.2.0 Objectives of the Study

1.4.0 Research Limitations

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Section 2 Literature Review on Trafficking in Persons

2.0.0 Desk Research

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Nature, Scope and Trends of Trafcking in Human Beings

National (Kenyan) Dimensions

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Victim and Gender Prole

Factors that Contribute to Trafcking

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Government Response and Initiatives toStop Trafcking

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Section 3 Quantitative Survey

3.0.0 Quantitative Survey

Findings Proles of the Trafckers and the Victims

Fig8: Age of traffickers

Occupation of Victims at Point of Recruitment

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Fig10: Sex of traffickers

Gender Dimension of Trafcking

Location at Point of Migration

FIG11: Urban vs Rural Recruitment By Victims Location at Time of Migration.

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The Methods Human Trafckers Use to Recruit their Victims Familiarity

Scope of Human Trafcking and Geographic Areas

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Modes of Transport used by the Trafckers

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Persons who accompanied victims

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Place the Victim is Harbored while on Transit