MRF NAIROBI BULLETIN

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1 MRF NAIROBI BULLETIN V O L U M E 3, I S S U E 8 O C T O B E R INSIDE THIS ISSUE: IOM Kenya Welcomes the Passage of the Counter Trafficking in Persons Act Kenya s Border Control Initiatives Receive a boost as IOM Hands Over a Mobile Border Patrol Unit to the Ministry of Immigration and Registration of Persons Cultural Orientation Department Explores New Ventures IOM Organizes Out of Country Registration and Voting for Sudanese Referendum IOM Hosts Horn of Africa Media Training in Addis Ababa STIFF PENALTY FOR HUMAN TRAFFICKERS AS PRESIDENT KIBAKI SIGNS THE COUNTER TRAFFICKING IN PERSONS ACT IOM has implemented a series of awareness campaigns on human trafficking The Government of Kenya has signed into law new legislation to crack down on human traffickers and offer protection to trafficking victims in Kenya. The law which was signed by President Mwai Kibaki last month slaps a 30 year jail term or a hefty fine of 30 million Kenyan Shillings (USD 370,000) on convicted traffickers, sending a stern warning to individuals who engage in this illegal trade. This legislation represents a significant new tool for Kenya in counter-trafficking law enforcement says IOM s counter trafficking expert Tal Raviv. We hope that the new Counter Trafficking in Persons Act will create momentum to expand counter-trafficking initiatives in accordance with the National Plan of Action (NPA) notes Tal Raviv. The Action Plan includes activities such as supporting school retention rates as a preventive measure, conducting information outreach to targeted populations, and reducing vulnerability by supporting socio-economic development and empowerment in vulnerable communities. Other efforts include putting in place systems and procedures for a national referral mechanism and strengthening the capacity of law enforcement agencies and the judiciary to protect victims and prosecute offenders. In addition to supporting drafting of the new law, IOM has also provided technical support to the Ministry of Labour to strengthen labour migration practices and to the Kenya Association of Private Employment Agencies (KAPEA) to promote ethical recruitment practices that do not contribute to human trafficking. IOM also provided media training to enhance investigative and reporting capacities and encourage coverage of human trafficking and related issues. IOM provided technical and financial assistance in drafting the new law as part of the Counter-trafficking Through Capacity Building, Awareness Raising and Assistance to Victims Programme funded by the Royal Norwegian Embassy in Kenya. Diverse Human Trafficking Trends in East African Region Highlights Urgent Need For Greater Protection International Organization for Migration Mission with Regional Functions For Eastern Africa, Church Road, Off Rhapta Road, Westlands PO Box Nairobi, KENYA Phone: /174 Fax: piunairobi@iom.int Website: 4 Although previous legislation under the 2001 Children s Act and 2006 Sexual Offences Act addressed the issue of trafficking, neither law comprehensively defines the criminal nature of human trafficking as stipulated in the UN Palermo Protocol, signed by Kenya in Under the new law, trafficking in persons is legally defined and recognized for the first time, as a distinct crime in Kenya. National counter trafficking efforts have until now been focused on prevention and protection of victims with limited prosecution of traffickers within the existing legal framework. Other partners who contributed to the bill include the Children s Foundation the CRADLE, the UN Office on Drugs and Crime (UNODC), the Attorney General s Office, Children s Department in the Ministry of Gender, the Law Reform Commission, the Federation of Women Lawyers of Kenya (FIDA-K) and the Kenya National Commission on Human Rights (KNCHR). IOM Kenya has implemented a series of information campaigns to help create awareness on human trafficking

2 MINISTRY OF IMMIGRATION RECEIVES A BOOST IN BORDER MANAGEMENT EFFORTS P A G E 2 MRF NAIROBI CULTURAL ORIENTATION TEAM EXPLORES NEW VENTURES Border management initiatives in Kenya received a major boost last month when IOM handed over a Mobile Border Control Unit to the Government of Kenya. The mobile unit is designed for rapid deployment of immigration personnel and law enforcement officers to Kenya s remote border areas with no established border control stations and is fully equipped with up-to-date immigration control facilities and communication equipment. The core element of the Unit is a fully equipped office container, mounted on a 6x4 truck and fitted out with HF/VHF radios, forensic document examination equipment, a mobile workstation for registering persons and vehicles, as well as a generator for providing auxiliary power supply. The Mobile Border Patrol Unit is equipped with up to date immigration control facilities Speaking at the handover ceremony, the Minister for Immigration and Registration of Persons, Otieno Kajwang, acknowledged IOM s efforts and collaboration with the Ministry in controlling and ensuring the orderly movement of persons. Garissa and Isiolo are some of our most difficult borders to manage due to the deteriorating security situation in Somalia, with high numbers of people crossing the borders - mainly uncontrolled - every day. It is important for us to know who is moving across our borders in a timely manner and this border control unit will facilitate our mobility and presence in these difficult areas. The IOM Regional Representative for East and Central Africa Mr. Ashraf El Nour emphasized IOM s support to the ministry. Movement of people is fluid and this border control unit can now enable immigration officials to go where needed. It is a major milestone in the ministry s effort towards effective border management for Kenya. Earlier this year, IOM provided the Kenyan Ministry of Immigration with three vehicles specially adopted for border management purposes. Provision of the vehicles and the Border Control Unit are part of overall IOM efforts to support the Ministry of Immigration to improve management of Kenya s porous borders. The support was provided through IOM s Capacity Building in Migration Management Programme, funded by the Danish Government. The CO Coordinator (extreme left) and participants in Khartoum, Sudan As the cultural orientation portfolio grows, the IOM trainers in Nairobi continue to seek new training venues for labour migrants in Kenya, even as they spread out to train refugees in Sudan and South Africa. Migrants destined for the Netherlands from Sudan and South Africa received training in Cape Town and Khartoum in October. This training followed a training of trainers session that was conducted for cultural orientation coordinators and senior trainers at the Hague in April this year. The trainings targeted 14 refugees whose files have been reviewed and accepted for resettlement in the Netherlands. About 150 places have been allocated for these cases that are referred to as dossier cases. In Kenya, the cultural orientation team has carried out several trainings in Mombasa, a venue that is now becoming a popular training site for labour migrants destined for Saudi Arabia, Qatar, Dubai, Afghanistan and Kuwait. This programme is implemented through the collaborative efforts of IOM and the Youth Enterprise and Development Fund. The trainings were extended to Mombasa to enable labour migrants from the coastal city of Kenya to participate and benefit from the pre-departure cultural orientation. Cultural orientation helps migrants acquire the information and skills necessary to gradually adapt to a new society and culture. Labour migrants destined for Dubai pose for a picture during a training session in Mombasa in October 2010

3 P A G E 3 IOM ORGANIZES OUT-OF-COUNTRY REGISTRATION AND VOTING FOR SUDANESE REFERENDUM IOM is organizing the out-of-country registration and voting (OCRV) for a referendum on 9 January 2011 to decide whether Southern Sudan remains part of a unified Sudan or secedes. The referendum, which will allow the people of Southern Sudan to exercise the right to self determination, is part of the Comprehensive Peace Agreement of 2005 that ended more than two decades of conflict in Africa s largest nation. The decision follows the signing of an agreement between IOM and the Southern Sudan Referendum Commission (SSRC) consistent with the specific role assigned to IOM in the Referendum Act for enfranchising Southern Sudanese abroad. The Act, which spells out the modalities of the referendum within and outside of Sudan, states IOM s responsibilities as assist[ing] in the organization and supervision of the procedures of registration, polling, sorting, counting and declaration of the results. The eight countries where the OCRV will take place - Australia, Canada, Egypt, Ethiopia, Kenya, Uganda, United Kingdom and the United States of America have been identified by those who drafted the Act as areas outside of Sudan with significantly large numbers of Southern Sudanese people. Nevertheless, Southern Sudanese in other countries who meet eligibility criteria can also participate by registering and voting in one of the named countries. Although exact numbers of eligible voters are unknown, Kenya and Uganda host the largest numbers of Southern Sudanese. Registration will begin on 14 November and end on 21 November. Voting in the referendum will begin on 9 January and last seven days. Those eligible to register and vote according to the Referendum Act are Sudanese that can prove residential, indigenous or ancestral links to Southern Sudan. Registration and voting will be carried out in neutral centres in the eight capital cities, and subject to confirmation by the SSRC, elsewhere in those countries where there are concentrations of more than 20,000 eligible voters. The out-of-country voting constitutes a huge responsibility, says IOM Chief of Mission in Sudan Jill Helke. The Referendum is a key step in completing the tasks set out for the six years following the signing of the peace agreement in 2005, and a historic moment in Sudan s history. IOM will be working closely with the SSRC, the UN and the eight host governments to enfranchise as many eligible Southern Sudanese as possible in the given timeframe. IOM requires an estimated US$25 million to carry out the OCRV. The Organization, which has long supported the inclusion of migrant communities including refugees and the displaced in democratic electoral processes in their countries of origin, has unprecedented experience in out-of-country voting. Since 1996, IOM has assisted eligible nationals in 74 countries to exercise their right to vote. More than million votes have been cast in IOM-organized out-of-country elections in mainly post-conflict situations such as for Bosnia Herzegovina, East Timor, Kosovo, Afghanistan and Iraq. IOM HOSTS HORN OF AFRICA MEDIA TRAINING IN ADDIS ABABA Journalists react to a presentation during the media training in Addis Ababa A group of 28 journalists from Ethiopia, Somaliland, Puntland and Djibouti in September attended a two-day workshop in Addis Ababa on mixed migration flows in the Horn of Africa. The training, which was funded by the Swiss and Japanese Governments, aimed to further the media s understanding of migration dynamics in the region, with a view to promoting partnerships for informed and balanced reporting on the realities of mixed migration. Participating journalists showed a tremendous interest in reporting migration related issues, says Odile Robert, IOM s mixed migration programme officer. They voiced their commitment to work with IOM to raise awareness of the needs of migrants and to advocate through their reporting on the dangers of irregular migration. Every year, tens of thousands of migrants and asylum seekers make the hazardous journey from their place of origin through Somalia, the region of Puntland state, Somaliland, Djibouti and onwards across the Gulf of Aden. These individuals, driven by political unrest and extreme poverty face not only dangers at sea but also physical risks, harassment and discrimination during their journey on land.

4 P A G E 4 DIVERSE HUMAN TRAFFICKING TRENDS IN EAST AFRICAN REGION HIGHLIGHTS URGENT NEED FOR GREATER PROTECTION An IOM cross-border assessment of human trafficking in Kenya and its neighbouring countries has revealed highly diverse trends affecting people of all ages and both genders, and highlighting a much greater need for protection of victims. The assessment, presented last month at an IOM regional workshop in Kenya focusing on cross-border trafficking in the East African region, found that although people initially may have travelled across borders voluntarily in search of greener pastures, they were invariably deceived by a range of actors including family, religious acquaintances, business men and retired prostitutes, into working in exploitative situations. In Kenya, the assessment found evidence of Rwandan, Tanzanian and Ugandan victims of trafficking, including children, working in the capital, Nairobi, as domestic labourers, in the commercial sex and hospitality sectors, and in the agricultural sector in various locations around the country. Victims were identified in the Kenyan-Ugandan border town of Busia, while Tanzanian children were found working as cattle herders and in motorbike repair shops in Oloitoktok on the Kenyan-Tanzanian border, as well as begging on the streets of Nairobi and Naivasha. Participants of a regional counter trafficking workshop follow proceedings In Tanzania, IOM found evidence of child trafficking from Burundi, Rwanda and Uganda for sexual exploitation, fishing, domestic servitude and agricultural labour. Adult victims were identified in the domestic sector, as well as the mining, agricultural and hospitality industries. The IOM assessment established that Ugandan children are trafficked to all the countries in the region with Uganda also a destination for trafficked victims from Kenya, Tanzania and Rwanda. In addition, instability in the Democratic Republic of Congo (DRC) was found to be fuelling the influx of trafficked children to Uganda. Victims are usually transported by road using buses, lorries and trucks. Adult victims originate from DRC, Kenya and Rwanda in the domestic, agriculture, fishing and sex industries. The lack of referral mechanisms providing protection and support, especially for adult victims, is a major weakness in the counter-trafficking response in the region. Although information on Rwanda was scant, the country was identified as a source for victims destined for Italy, Norway and the Netherlands as well as for child victims destined for Nairobi and the Kenyan coastal city of Mombasa as domestic workers and for sexual exploitation. The workshop brought together participants from the East Africa Region Rwanda is the only country in the region where the government, through the Police and the Ministry of Gender, has established shelter and hotline services to assist victims of gender violence including victims of trafficking. However the lack of appropriate referral mechanisms across its border hampers efforts to expedite the return and rehabilitation of cross-border victims. The findings of the assessment used by 50 senior East African government officials, civil society partners and international experts at the IOM organized workshop, led to the decision to create an IOM facilitated regional network of partners as a first step to creating a functioning referral mechanism. Participants also called for the implementation of a region-wide 116 emergency number - an internationally recognized hotline number for trafficked children which is currently in use in Kenya. Other recommendations included: the establishment of a centralized regional database on human trafficking to include information on traffickers that can be shared with law enforcement agencies in the region; greater research to determine the scale of the problem in the region; the harmonization of anti-trafficking laws in East Africa and the development of common procedures and standards on countering human trafficking.

5 P A G E 5 MRF NAIROBI WOULD LIKE TO THANK THE DONORS AND PARTNERS WHO HAVE FEATURED IN THIS MONTH S NEWSLETTER AND WITH WHOSE SUPPORT THESE PROGRAMMES HAVE BEEN POSSIBLE International Organization for Migration Mission with Regional Functions For Eastern Africa, Church Road, Off Rhapta Road. Westlands PO Box Nairobi, KENYA Phone: /174 Fax: mrfnairobi@iom.int Website: