reports victims were detained, fined, or jailed for unlawful acts committed as a direct result of being subjected
to trafficking.The Department of Immigration developed the Kenyan Immigration Border Procedure Manual (KIBPM),
setting out guidelines and procedures for immigration officials to identify traffickers and victims of trafficking,
including mandatory actions for officials once a suspected case of trafficking is identified and a procedure for
conducting interviews with victims to gather evidence on recruitment and exploitation of the victim. The government
did not report whether the KIBPM was provided to all officials, including police officers. Under the 2010
anti-trafficking act, officials may grant permission for foreign trafficking victims to remain indefinitely in
Kenya if it is believed they would face hardship or retribution upon repatriation; the government did not report
using this provision during the reporting period.
PREVENTION
The government made increased efforts to prevent human trafficking.The government established the advisory
committee in August 2014, as mandated under the 2010 anti-trafficking act. The committee met regularly during the
reporting period and updated Kenya’s national action plan. The government did not establish the National
AssistanceTrust Fund forVictims ofTrafficking as mandated by the 2010 anti-trafficking act; however, it reported it
was in the final stages of approval at the end of the reporting period. DCS disseminated awareness materials and
case studies in efforts to educate local communities on potential indicators of trafficking. For instance, in June
2014 in Kilifi, a county known for child sex trafficking, officials raised awareness on this issue.
In October 2014, MOL formed a taskforce to review the existing framework for the management and regulation of
recruitment agencies and assess its effectiveness in protecting Kenyans recruited for overseas employment; the
taskforce did not release its recommendations by the end of the reporting period. In September 2014, the government
revoked all of the accredited certificates issued to private employment recruitment agencies and reinstituted its
ban on the recruitment of domestic workers for employment in the Middle East, increasing the likelihood nationals
would migrate illegally and face heightened risks to human trafficking. MOL attempted to address efforts of adult
trafficking victims in the Middle East by re-vetting 900 recruitment agencies. In September 2014, MOL established a
new process for agencies sourcing jobs abroad in the hospitality and service sectors, requiring agencies to receive
approval of all contracts by MOL prior to applicants signing the contracts and departing for employment.The
contracts, if deemed credible, are required to be signed before a labor ministry officer, and applicants must
register with the Kenyan embassy in the host country.
The government made efforts to reduce the demand for commercial sex acts by increasing searches and raids.The
Ministry of Foreign Affairs (MFA) provided anti-trafficking training or guidance for its diplomatic
personnel.According to media reports, the MFA appointed a team to review cases involving three diplomats accused of
mistreating their domestic workers in the United States. The government’s training for troops deployed overseas on
international peacekeeping missions included a module on human rights, addressing human trafficking.
KIRIBATI: Tier 2
Kiribati is a source country for girls subjected to sex trafficking within the country. Visiting ship crew members,
mainly Asian men, exploit children and some women in prostitution. A local NGO reported that as many as 20
I-Kiribati girls, some as young as 15, may be exploited in prostitution in local bars and hotels. Some
I-Kiribati—including family members of potential victims, older women, and hotel and bar workers—may facilitate the
exploitation of girls in sex trafficking by providing a venue for prostitution. Others fail to assist trafficking
victims or alert authorities to situations of child prostitution.These girls generally receive financial support,
food, alcohol, or goods in exchange for sexual services.
The Government of Kiribati does not fully comply with the minimum standards for the elimination of trafficking;
however, it is making significant efforts to do so. During the reporting period, government officials continued to
acknowledge the existence and gravity of child sexual exploitation, including trafficking, and expressed their
commitment to combating the crime. Police conducted a two-day training to educate police officers and prosecutors
on trafficking and partnered with an international organization on a campaign to reduce the demand for commercial
sex. Overall, however, the government continued to be negligent, failing to employ procedures to proactively
identify victims among girls in prostitution, provide assistance to any victims, or refer them to or support
organizations that did so.The government did not prosecute cases against potential traffickers or punish those who
exploited or facilitated the commercial sexual exploitation of children.
RECOMMENDATIONS FOR KIRIBATI:
Investigate and prosecute trafficking offenses, and convict and punish foreign crew members for the commercial
sexual exploitation of children; develop procedures for law enforcement officers and social service providers to
interview women and children intercepted en route to or aboard international vessels or at local bars and hotels
for evidence of trafficking; establish formal procedures for the identification of trafficking victims and their
subsequent referral to domestic violence and sexual violence officers for care; train front-line officers,
including law enforcement, on victim identification techniques and procedures, and a victim- centered approach to
facilitate increased trust between victims and officers; hold parents and guardians accountable, as appropriate
under I-Kiribati law—including the 2013 Children,Young People and Family Welfare Act—for the prostitution of
children; employ consistent and rehabilitative care for children who may be at-risk of trafficking; expand efforts
to raise awareness about the dangers of human trafficking in locations where trafficking victims interact with
clients, specifically aimed to increase public recognition that children in the commercial sex trade are
trafficking victims rather than juvenile delinquents; and increase efforts to raise awareness to reduce the demand
for commercial sex acts.
PROSECUTION
The government made limited law enforcement efforts to combat human trafficking. Kiribati’s Measures to Combat
Terrorism and Transnational Organized Crime Act, as amended in 2008, criminalizes certain forms of human
trafficking, prescribing penalties of up to 15 years’ imprisonment for the trafficking of adults and 20 years’
imprisonment for the trafficking of children. These penalties are sufficiently stringent, but not commensurate with
those prescribed for other serious crimes, such as rape.The law’s focus is limited to the international movement of
people for exploitation, a form of trafficking not known to occur in Kiribati.The government claimed internal
trafficking could be prosecuted under this law; however, there are no reports to indicate it has ever been
attempted.The government did not conduct any investigations in 2014, compared with two investigations conducted
against foreign fishing vessel owners in 2013. In 2014, police conducted a two- day training for 22 police officers
and a prosecutor on the legal definition of trafficking and the significance of victims’ testimony in a
prosecution.The government did not report any investigations, prosecutions, or convictions of government employees
complicit in human trafficking offenses.
|