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.

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IMPLEMENTATION OF CHILD CARE AND PROTECTION ACT
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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.

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ANTI-TIP LAW ENFORCEMENT EFFORTS /
OFFICIAL NAMED TO KEEP DATA ON TIP CASES
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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.

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CONDUCTING RAIDS AND RESCUING VICTIMS
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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.

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EXPANDING EFFORTS TO WORK WITH NGOS
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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.

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SENIOR-LEVEL OFFICIALS SPEAK ON DANGERS OF TIP
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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.

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ADDRESSING TIP-RELATED CORRUPTION
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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