ASSESSMENT OF RECENT GOJ ACTION ON TIP

UNCLAS SECTION 01 OF 04 KINGSTON 001904 SIPDIS SENSITIVE DEPARTMENT FOR WHA/CAR (BENT) AND WHA/PPC (PUCCETTI) DEPARTMENT FOR G/TIP (OWEN AND ETERNO) SOUTHCOM FOR POLAD AND J7 E.O. 12958: N/A TAGS: KCRM KWMN OPRC PHUM PREL SMIG JM TIP SUBJECT: ASSESSMENT OF RECENT GOJ ACTION ON TIP REF: A. STATE 97853 ¶B. KINGSTON 01784 ¶C. KINGSTON 00211 ¶D. KINGSTON 01611 -------------- SUMMARY -------------- ¶1. The GOJ has responded energetically to the June 3 publication of the 2005 Trafficking in Persons (TIP) Report, in which Jamaica was downgraded to Tier 3 (Ref A). Coordinated from the highest levels by the Office of the Prime Minister and various other Cabinet-level officials, a National TIP Task Force has planned and executed numerous actions to combat trafficking in Jamaica. The GOJ appears to have taken significant steps to prosecute, protect, and prevent trafficking in persons, including a number of recent police raids of nightclubs and massage parlors, which resulted in several arrests. End Summary. -------------- GOJ FINDS POLITICAL WILL TO ADDRESS TIP -------------- ¶2. Since Jamaica's downgrade to Tier 3 status in the 2005 TIP Report, the GOJ has made serious efforts to tackle the problem of trafficking in persons. Coordinated by the Office of the Prime Minister, and with the participation of senior officials at nearly ten government agencies, the GOJ has formed a National TIP Task Force that has drafted its own action plan to address TIP. The task force, which appears to have stirred the political will that has been lacking on this issue in previous years, has also achieved several of the goals suggested in Department's Tier 3 Action Plan. Significant efforts have been made against TIP in the areas of prosecution, protection, and prevention, including several police raids and the establishment of a specialized police anti-TIP unit. At least, it is clear that the GOJ is very concerned about avoiding Tier 3 sanctions and hopes to recover its Tier 2 Watch List status. Following are specific actions taken by the GOJ in recent months to combat TIP. -------------- PROSECUTION -------------- National Task Force Develops TIP Action Plan -------------- ¶3. The GOJ mandated the formation of a National TIP Task Force to formulate a coordinated strategy to combat and prevent trafficking in persons in Jamaica. The task force has convened at least ten times in May, June, and July to develop a TIP Action Plan that identifies national-level efforts to be taken in the short-, medium-, and long-term with a focus on prevention, protection, and prosecution of trafficking cases. While the group's mandate includes exploring regional and international strategies to combat TIP, immediate local action is its priority. ¶4. Anne-Marie Bonner, Principal Director, Policy Analysis and Review Unit, Cabinet Office, is to serve as the coordinator and chair of the interagency task force until it has completed its short and medium term mandates, at which point a permanent coordinator will be named. Also represented in the group are officials from the Ministry of National Security (MNS),Ministry of Foreign Affairs and Foreign Trade (MFAFT),Ministry of Health, Ministry of Labor and Social Security, Ministry of Tourism, the Jamaica Constabulary Force (JCF),Child Development Agency (CDA),Bureau of Women's Affairs (BWA),Immigration Department, and the Victim Support Unit of MNS. The office of the Director of Public Prosecution and certain community-based NGOs have also been added to the task force. Cabinet Sub-Committee Initiates Policy Review -------------- ¶5. In addition to the work of the National TIP Task Force, a Cabinet sub-committee was formed to explore GOJ policy issues related to cross-border trafficking, especially Jamaica's visa and work permit regimes and the work of immigration officials at the country's ports. Gilbert Scott, Permanent Secretary, MNS, has said that improving the airports' new, SIPDIS automated entry/exit systems will be a priority. The sub-committee's recommendations have been incorporated into the action plan compiled by the task force. Legislative Review Identifies Anti-TIP Laws -------------- ¶6. The Ministry of Justice, working through the Attorney General's Office, in June conducted a review of all domestic legislation to identify which existing laws could be used to combat TIP in Jamaica by prosecuting traffickers. The GOJ identified that the Child Care and Protection Act explicitly prohibits the trafficking of children, restricts the employment of children under fifteen, and proscribes the indecent or immoral employment of children in nightclubs. The Offenses Against the Person Act bans the kidnapping, abduction, or detention of women for sexual purposes, prohibits the solicitation of prostitutes and the recruitment of women into prostitution, and bans allowing or encouraging any child to engage in commercial sexual activity. The act also makes it illegal to own or operate brothels. The Foreign Nationals and Commonwealth Citizens (Employment) Act and the Aliens Act govern the work visa regime for foreign nationals seeking employment in Jamaica, while the Labor Officers (Powers) Act permits workplace inspections to enforce the conditions of more than a dozen labor laws. The Recruiting of Workers Act safeguards against the use of pressure or misrepresentation to attract people to a job, either from within or outside of Jamaica. Police Form Specialized Anti-TIP Unit -------------- ¶7. A unit within the Organized Crime Division of the JCF has been established to investigate trafficking crimes and to document each case and resulting legal action. Two officers, each with the rank of detective sergeant and at least 15 years of police experience, are staffing the new JCF TIP Unit. Both have received TIP training from the International Organization for Migration. The unit has been allocated a dedicated office, which appeared to be operational when Emboff visited (Ref B). A main focus of the TIP Unit will be to compile data on all trafficking investigations and resulting legal proceedings. Three major crime hotlines, which are open 24 hours per day, are available to receive reports of trafficking crimes. Contingent on future funding, the GOJ is planning to establish a comprehensive management information system for the compilation and analysis of data on TIP investigations and prosecutions. Post has submitted a project proposal to support the unit's efforts and ensure its long-term viability (Ref C). Police Enforce Existing Laws to Fight TIP -------------- ¶8. On July 10-11, police conducted raids at three nightclubs and massage parlors in St. Catherine, where credible evidence suggested that trafficking might be taking place. At the True Fantasy Nightclub in Portmore, seven people were arrested and charged. All pleaded guilty and were fined accordingly. While the law provides for relatively small fines, the police said they are confident that the convictions will prevent the renewal of the owner's operating license. In addition, the owner and several employees of Compliments Massage Center Bar and Rooms, also in Portmore, were charged with various offenses, including violations of the Spirit Licenses Act, the Child Care and Protection Act, and the Offenses Against the Person Act. ONE minor female was found working as a prostitute and was charged as a juvenile in need of care and protection. Finally, the Fantasy Night Club was raided in connection with reports that large numbers of foreign sex workers were employed there. However, club operations seem to have ceased at the location, and the police are continuing to investigate the premises. ¶9. In Culloden, Westmoreland, police conducted a raid at a club known to be used as a weekly "sex market" to recruit young women to work in go-go clubs and massage parlors. While the JCF reported that 48 women were found at the premises, all claimed to be at least 18 years old. The women, along with the owner of the club, were taken into custody, and the facility was closed by the local medical officer for violations of public HEALTH requirements. The police reported that they intend to pursue social intervention programs, including skills training for local women, in an attempt to disrupt future recruiting activities in Culloden. ¶10. The JCF claims that it has carried out more than a dozen additional investigations into nightclubs around the island, including in Montego Bay, St. Ann, and Portland. While not all raids were trafficking related (one was a Fugitive Apprehension Team operation),some identified foreign nationals and minors working as exotic dancers, and at least one woman was found to be in violation of her visa status. Superintendent Devon Watkis of the Organized Crime Division reported that the police will continue to put pressure on illegal nightclub operators. He said that JCF intelligence already suggests a decline in massage parlor operations in Jamaica. -------------- PROTECTION -------------- Child Protection Mechanisms to be Implemented -------------- ¶11. Drafting instructions for the Children's Registry, mandated by the Child Care and Protection Act of 2004, will be sent to the Chief Parliamentary Counsel in August. In the meantime, the Child Development Agency has established a reporting mechanism similar to the Children's Registry. Existing hotlines in 14 parish offices are dedicated to receiving reports of abuse and exploitation, with officers in each location conducting investigations. In addition, the process of selecting a Children's Advocate, also mandated by the CCPA, is well advanced. The position description has been advertised, applications are being received, and the hiring process will be completed by the end of September ¶2005. Because the position is unprecedented in Jamaica, the CDA is very concerned that the screening and hiring process should be thorough. Shelters Identified for Trafficking Victims -------------- ¶12. Places of safety that can act as shelters for the protection of children who are victims of abuse and exploitation, including trafficking, have been identified. The government operates 8 children's "places of safety" through the Child Development Agency. Private organizations and NGOs, including the Women's Crisis Center, operate additional shelters for women and children in Jamaica. Emboff visited a recently renovated girls' home near Kingston on July 14 (Ref B). CDA Promotes Protection of Children -------------- ¶13. The Child Development Agency is at the forefront of protecting Jamaica's children from abuse and exploitation. In June, the number of children's officers within the CDA was increased from 45 to 70 people, all of whom are available to work with child victims and their families. The officers, who were deployed nationwide, are all trained social workers. ¶14. In 2004, the CDA created a brochure summarizing the Child Care and Protection Act of 2004. The pamphlet, titled "Act Right: Love, Honor, and Protect Our Children," was distributed to government agencies and schools across the island. The document is now being more widely disseminated to the public through post offices, entertainment centers, and other outlets. The CDA has also prepared guidelines for dealing with victims and has distributed them to the JCF's Center for Investigation of Sexual Offenses and Child Abuse (CISOCA) and the National Security Ministry's Victim Support Unit. -------------- PREVENTION -------------- Bureau of Women's Affairs Leads TIP Training -------------- ¶15. From September 2004 to June 2005, nearly 500 students aged 14-24, as well as teachers, community members, and police officers were sensitized on the issue of trafficking by the Bureau of Women's Affairs. With a grant from USAID and technical assistance from the Child Development Agency and the JCF, the bureau conducted eight TIP workshops across the country. As a part of the training, PACT worked with local actors to develop a dramatic presentation to illustrate human trafficking scenarios that might occur in the Jamaican context. The skit was made into a video that has been used in subsequent training sessions. In training sessions hosted by PACT from April 2004 to June 2005, more than 1,600 law enforcement officers, educators, and other professionals were sensitized to trafficking. GOJ Engages International Donors -------------- ¶16. In June, the GOJ met with UN agencies to seek funding to fight TIP locally. The three agencies present, UNICEF, UNDP, and UNFPA, each indicated their support for the GOJ,s efforts to address TIP. The Child Development Agency, Women's Bureau, and JCF have jointly developed a proposal to undertake a comprehensive study on the extent of trafficking in Jamaica. The proposal was presented to UNICEF for funding. ¶17. The GOJ/ILO National Country Program for the prevention and elimination of child labor (IPEC) was implemented, and a Child Labor Unit has been made operational. A National Plan of Action for Child Labor has been completed. Public Education Programs Planned -------------- ¶18. The National TIP Task Force has placed public education on trafficking high on its agenda, and is planning campaigns and events to raise awareness of TIP and to advertise the GOJ's measures to combat the problem. As a part of this effort, the task force will be expanded to include members of civil society, the private sector, and religious groups. The Bureau of Women's Affairs is developing an education program geared toward school children and communities island-wide. The task force is also planning a public forum on August 25 in ONE of Kingston's parks. Local Media Keeps TIP on the National Agenda -------------- ¶19. Since the June 3 publication of the TIP Report, local media outlets have produced almost 50 print articles and investigative reports on TIP, and 35 broadcast news pieces and interviews on the subject. Through their efforts, journalists confirmed the existence of a sex market in Culloden, Westmoreland; found that the island's massage parlors prefer to employ "country girls" from rural Jamaica; and revealed the sexual abuse of children in Jamaica's state-run children's homes and places of safety. ONE Jamaica Observer columnist recently said of the TIP report, "the resulting discussions have increased the public's awareness of human trafficking and provide an opportunity to garner the energies of the wider society in providing possible solutions to this problem.8 -------------- COMMENT -------------- ¶20. While some senior GOJ officials continue to allude to the disingenuous claim that they were not adequately informed of the TIP Report and the downgrade to Tier 3 (Ref D),the GOJ's actions seem to demonstrate that it has made a serious commitment to combat trafficking in persons. Having failed to act on the issue since Jamaica's first inclusion in the TIP Report in 2003, the GOJ now appears -- in the face of potential sanctions -- to have found the political will to begin to combat TIP. Even the notoriously inept and self-admittedly corrupt Jamaica Constabulary Force has been spurred into action, as evidenced by the raids that were conducted. As long as the Cabinet Office, which includes the Office of the Prime Minister, is coordinating the country's anti-TIP efforts, trafficking in persons will have the attention of Jamaica's senior leadership. End Comment. TIGHE