JAMAICA: INTERIM TIP ASSESSMENT

UNCLAS SECTION 01 OF 02 KINGSTON 002552 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: JAMAICA: INTERIM TIP ASSESSMENT REF: A. STATE 185386 ¶B. KINGSTON 01904 ¶C. KINGSTON 02059 ¶1. The following constitutes Post's submission for Jamaica's Interim TIP Assessment, per Ref A instructions. In addition to the information reported below and in Ref B and Ref C, Post has details of recent TIP-related law enforcement actions that are available upon request. -------------- -- IMPLEMENTATION OF CHILD CARE AND PROTECTION ACT -------------- -- ¶2. The Child Care and Protection Act of 2004 (CCPA) specifically prohibits the sale and trafficking of children and sets forth penalties for violators of the provision. Drafting instructions for the Children's Registry, which is mandated by the Act, were sent to the Chief Parliamentary Counsel in August and are currently under review. 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 GOJ reported in November that the process of selecting a Children's Advocate, also mandated by the CCPA, is well advanced. The position description has been advertised, and the recruiting period is coming to a close. The GOJ expects the hiring process to begin by year's end. Because the position is unprecedented in Jamaica, the CDA is very concerned that the screening and hiring process should be thorough. -------------- ANTI-TIP LAW ENFORCEMENT EFFORTS / OFFICIAL NAMED TO KEEP DATA ON TIP CASES -------------- ¶3. In July, the GOJ formed a specialized anti-TIP unit within the Organized Crime Unit of the Jamaica Constabulary Force (JCF). The police unit, staffed by six officers and led by Detective Sergeants Dorrett Brown and Allan Love, is responsible for the JCF's heightened efforts to enforce Jamaica's anti-trafficking laws. The JCF reported that officers have cited violations of the Spirit Licenses Act, the Child Care and Protection Act, and the Offenses Against the Person Act to make TIP-related arrests. (See Paragraph Four for details of investigations led by the newly-formed unit). The JCF anti-TIP unit also has official responsibility for collecting all data on TIP cases, including resulting arrests and prosecutions. -------------- CONDUCTING RAIDS AND RESCUING VICTIMS -------------- ¶4. From June to November, the JCF reports having conducted raids at 15 nightclubs and businesses across Jamaica where credible evidence suggested that trafficking might have been taking place. The raids, police said, resulted in the closure of four establishments and the arrests of 39 people. While some cases are still under investigation or pending in court, a number of those arrested were convicted and made to pay fines, although the law provides for relatively small fines. In at least five cases, those arrested were convicted and repatriated to their countries of origin. One underage girl working as an exotic dancer was reportedly committed to a juvenile facility and is awaiting trial in a family court. In at least one case, police reported convicting the owners/operators of the nightclubs that were raided. -------------- EXPANDING EFFORTS TO WORK WITH NGOS -------------- ¶5. The GOJ's interagency TIP task force, led by Anne-Marie Bonner of the Cabinet Office and endorsed by Prime Minister P.J. Patterson, has guided the government's anti-TIP efforts since early 2005. The task force, composed of officials from at least 11 government ministries, reports that it has in recent months added representatives of local NGOs to its membership. Active participants are People's Action for Community Transformation (PACT),a group funded by USAID to raise TIP awareness since 2004; Woman Inc. and AWOJA, two local women's rights groups; and the Coalition for the Rights of the Child. The GOJ continues to seek suitable faith-based NGOs to join the task force. -------------- - SENIOR-LEVEL OFFICIALS SPEAK ON DANGERS OF TIP -------------- - ¶6. On August 9, the GOJ,s TIP task force presented PM Patterson with posters and bumper stickers to be used in a yearlong TIP awareness education campaign. Patterson used the opportunity to say that the 2005 TIP Report served as a "wake-up call" for Jamaican society, and that he had established a team within the Cabinet Office to ensure that trafficking would be eliminated from Jamaica. On August 30, at a public event to launch the awareness campaign, National Security Minister Peter Phillips said that Jamaica should be at the forefront of the fight against trafficking, adding that the GOJ does not condone the activity and was ready to play its part in combating the problem. Phillips was joined on the occasion by Information Minister Burchell Whiteman and Assistant Police Commissioner Charles Scarlette, both of whom also used the opportunity to speak out against trafficking in Jamaica. -------------- ADDRESSING TIP-RELATED CORRUPTION -------------- ¶7. Although police have said they are confident that convictions will prevent the renewal of club owners' operating license, it was later discovered that a week after one nightclub was raided, the Ministry of Labor issued work visas to the same club for 19 female employees from the Dominican Republic, most of them listed as "dancers" and "coordinators." Furthermore, some raids of nightclubs suspected of trafficking activity often either found the club had closed, or failed to capture the owners of the establishment. It is unclear whether these situations were the result of GOJ corruption or simply poor coordination. The GOJ reported that an investigation was ongoing in the case of hundreds of illegally issued passports, and that those responsible at the Passport Office had been suspended. TIGHE