HAITI: SUBMISSION FOR FIFTH ANNUAL TRAFFICKING IN

UNCLAS SECTION 01 OF 04 PORT AU PRINCE 000542

SIPDIS

G/TIP FOR RACHEL OWEN, G, INL, DRL, PRM, IWI, WHA/PPC

E.O. 12958: N/A
TAGS: KCRM KWMN ELAB SMIG ASEC KFRD PREF HA
SUBJECT: HAITI: SUBMISSION FOR FIFTH ANNUAL TRAFFICKING IN
PERSONS REPORT

REF: 04 STATE 273089


1. The following responses are Post's responses to questions
raised in reftel.


2. Overview of Haiti's activities to eliminate trafficking
in persons:

A. Trafficking in persons in Haiti mainly involved the
internal movement of children from the countryside into urban
areas for domestic labor in a practice called, in Creole,
&restavek8 (derived from the French words &rester avec8
meaning to stay with). In 2005, poor, rural families
continued to send their children to work as domestics for
wealthy families or less poor family members in the hopes
that the child would enjoy a better quality of life and
receive an education. Girls, between the ages of six and
fourteen, are more vulnerable for placement in urban
households, while boys usually fulfill agricultural servitude
roles. The informal practice has existed in Haiti for
centuries and is directly related to the country's poverty
and lack of economic alternatives. While some restaveks
received adequate care including an education, the Ministry
of Social Affairs and NGOs believed that many employers
compelled the children to work long hours, provided them
little nourishment, and frequently beat and abused them. The
majority of restaveks worked in homes where the yearly income
was very low, so conditions, food, and education for
nonbiological children were not priorities. Although not all
&restaveks8 are victimized in this process, significant
numbers are sexually exploited or otherwise abused. Reliable
figures are difficult to obtain, but the Government of Haiti
estimates that from 90,000 to 120,000 children are restaveks;
UNICEF estimates that there are between 250,000-300,000
restaveks in the country. A recent USAID-funded study
conducted by Glenn Smucker and Gerald Murray estimated that
currently 700,000 Haitian children live away from their
parents outside of the home.

B. While most trafficking occurs within the country's
borders, Haitian children also are trafficked into the
Dominican Republic where some are similarly exploited. Large
numbers of Haitian economic migrants illegally enter the
Dominican Republic where some become trafficking victims. The
most recent study of trafficking across the border, conducted
jointly by UNICEF and IOM in August 2002, found that between
2,000 and 3,000 Haitian children were sent to the Dominican
Republic each year.
On a smaller scale, Haiti is a transit and destination
country. Women from the Dominican Republic are trafficked
into Haiti for prostitution. Reports indicate that many of
these women travel voluntarily, but some are victims of
trafficking.

C. There was evidence that, due to the political crisis in
2004, there was an increase in the number of Haitians
trafficked across the border into the Dominican Republic.

D. USAID Haiti funded a study of trafficking in Haitian
Children conducted by Glenn Smucker and Gerald Murray. The
study focused on the restavek system in Haiti and the
cross-border movement of Haitian children to work in the
Dominican Republic. Various new data from the
Smucker-Murray study are cited throughout this report.
Additionally, UNICEF plans to conduct a study on child
trafficking in Haiti in 2005 and to coordinate with the
Interim Government of Haiti (IGOH) to conduct a study on
adoptions in Haiti.

E. See paragraph 2B.

F. See paragraph 2B.

G. Despite the political crisis in 2004 and the slow pace of
international donor assistance to the IGOH, there was
political will on behalf of the IGOH to combat trafficking in
persons. On May 13, Interim President Boniface Alexandre
denounced the restavek practice and called on his cabinet to
take a more proactive role in the fight against trafficking
in persons when he addressed a rally in commemoration of
International Children's Day.
The IGOH designated the Ministry of Social Affairs and Labor
(MAST) as the coordinating entity for anti-TIP efforts, with
the Minister's Chief of Cabinet as head of the efforts. The
MAST budget for FY 2005 was increased by 68%, to $42.4
Million USD, with specific line items for the protection of
vulnerable children. Under the Interim Cooperation Framework
(international donor assistance implementation mechanism),
MAST developed a two-year action plan of $1.2 Million USD for
the construction and equipment of ten regional shelters
throughout Haiti, and protection of children in vulnerable
situations or in conflict with the law. Recently, with the
assistance from the UN peacekeeping force in Haiti, MAST was
able to open one of these shelters in Gonaives, the Northwest
town hard-hit by floods in September 2004. MAST also
reopened a fifty-year old shelter in Carrefour, that was
closed in 2001 due to lack of operating funds, and dispersed
$15,000 USD for refurbishing and furnishing the shelter.
The social welfare and adoptions branch of MAST, the
Institute des Biens Etre Social (IBESR),continued with their
efforts to prevent fraudulent adoptions of Haitian minors by
foreigners by conducting a vigorous media campaign to educate
the public about the practice. IBESR also rehabilitated and
staffed its Northern regional office in Cap Haitien.
The Haitian National Police's Brigade for the Protection of
Minors (BPM) continued to fulfill its mandate of protecting
vulnerable children in and around Port-au-Prince. The BPM's
staff went from 33 members to 21, due to discouragement over
lack of resources to conduct the mission; the remaining
members appear to be motivated and dedicated despite the
circumstances. The Brigade had only one operational vehicle
in 2004; therefore it was not able to conduct patrols in
other parts of the country or in vulnerable cities on the
border. So far, in 2005, the BPM has handled 30 cases of
child abuse victims or children in trouble with the law. BPM
members frequently complain they lack a place to keep the
children they rescue from abusive situations.
The aftermath of February 29, 2004 left the already weak,
corrupt and overwhelmed justice system in a shambles, from
which it has yet to recover. The international community has
begun a system of judicial reform that will be implemented
over a number of years. Despite its current state, the
Ministry of Justice managed to make minimal efforts in this
area. The Ministry updated and circulated memoranda to
magistrates and district attorneys around the country in an
awareness-raising campaign. The memoranda reminded the
guardians of the justice system of their judicial obligation
to enforce existing regulations governing international
travel of unaccompanied minors.
Although Haiti has neither signed nor ratified international
conventions concerning child labor, the IGOH is working with
UNICEF to adopt a domestic children's code, which is in
compliance with international conventions. Currently, Haiti
does not have a seated parliament to pass laws as the
mandates of parliamentarians expired in January 2004;
however, UNICEF is exploring the possibility of having the
children's code made into law through a presidential decree.

H. There was no evidence that the authorities were complicit
in trafficking of persons.

I. Following the collapse of the Aristide regime in February
2004 and the violence that surrounded it, Haiti's interim
government was sworn in on March 17, 2004. The interim
government's main task is to guide the country to national
elections in Fall 2005. It has faced many challenges to its
transitional authority from illegally armed elements, despite
the presence of UN peacekeepers. In May and September, the
country experienced two devastating floods in Mapou and
Gonaives, which created a new category of orphans in Haiti.
Also, assistance from the international community that was
pledged to the country in July 2004 has only recently started
to arrive.

J. The IGOH works with various NGOs on monitoring and
improving its anti-trafficking activities, particularly the
Pan-American Development Foundation (PADF) and UNICEF (See
2.G.). UNICEF also funds a child protection advisor to the
state human rights ombudsmen's office, the Office of the
Protector of the Citizen (OPC).

K. Prostitution is illegal in Haiti.

3. Prevention:

A. The Interim Government of Haiti does acknowledge that
trafficking is a problem and has taken steps to address the
issue with international assistance.

B. The Ministries of Labor and Social Welfare, IBESR,
Ministries of Interior, Justice, Foreign Affairs, Haitian
National Police's Brigade for the Protection of Minors.

C. See paragraph 2.G. Other public awareness campaigns
(billboards and radio spots) targeting the restavek practice
are run by NGOs such as PADF and UNICEF, with the
collaboration of the IGOH.

D. In its reopened shelter in Carrefour, the government plans
on providing vocational skills training to the children who
will be housed there. More shelters, however, are necessary.

E. The IGOH has limited resources to conduct other prevention
programs other than those mentioned in paragraph 3D.

F. NGOs like PADF and international organizations such as the
UNICEF coordinate well with IGOH officials on the restavek
issue. (See paragraphs 2.G and 2.J).

G. As part of an initiative launched in 2003 to increase
vigilant control of the border, the HNP and the Ministry of
Interior have border control agents posted at the
international airport to watch for children who might be
traveling unaccompanied and/or without their parents.
Despite this progress, effective control of the
Haitian/Dominican border remains problematic due to vast
expanses of the border that are difficult to patrol and
corrupt officials on both sides of the border.

H. See Paragraph 2.G.

I. IGOH officials around the country have participated in
training sessions sponsored by PADF. The training sessions
focus on educating governmental and domestic non-governmental
entities on recognizing instances of trafficking, protecting
vulnerable populations, and rescuing returned trafficked
victims from the Dominican Republic. Other participating
NGOs included catholic Relief Services (CRS) and the Support
Group for Refugees and Repatriates (GARR). The BPM would
benefit greatly from international training to increase its
functional capacity. Also see paragraph 2.G.

J. See Paragraph 3.I.

K. Yes; the Chief of Cabinet of the Minister of Labor and
Social Affairs is charged with coordinating and developing
the GOH's anti-trafficking programs with the appropriate
entities (See Paragraph 2.G).

4. Investigation and Prosecution of Traffickers:

A. Yes, there is a law prohibiting trafficking in children.
A broader law prohibiting trafficking in all persons was
introduced to Parliament in 2004 but was not passed before
parliamentary mandates expired (See paragraph 2.G).

B. Post is not aware of a penalty provision in the law.

C. The Penal Code mandates judges to sentence a rapist to
anywhere between three and nine years in jail. The penalty
for the rape of a minor is a life sentence in jail with hard
labor.

D. The BPM arrested a man suspected of trafficking in
children in Pilate, a border town in the North, in January
2004; the suspect escaped prison in the aftermath of
Aristide's departure on February 29, 2004, when police
released the country's entire prison population. In August,
the BPM arrested a Haitian citizen suspected of trafficking
Haitian children internationally through his orphanage. Due
to the weak state of the judicial system, the suspected
trafficker has yet to be sentenced and remains in preventive
detention in a Petionville jail.

E. Concerning the internal trafficking of restaveks, there is
not one entity behind the activity. Rather, the arrangements
are made ad hoc between the families of the children and the
receiving families. Post is not aware of any organized
trafficking rings bringing children or other trafficking
victims to Haiti from other countries.

F. The Bureau for the Protection of Minors (BPM) is
operational but its ability to investigate cases of
trafficking is extremely limited due to lack of resources
(See paragraph 2.G).

G. PADF conducts a training program for the various GOH
officials and ministries involved in anti-trafficking
activities (See paragraph 3.I).

H. Post is not aware of IGOH's cooperation with other
governments on trafficking prosecutions.

I. See paragraph 4H.

J. There is no evidence of government involvement in or
tolerance of trafficking.

K. Not applicable.

L. Not applicable.

M. During Parliament's special session convened in October
2003, Parliament ratified two international instruments: The
Inter-American Convention Against the Traffic of Minors and
the Protocol to Prevent, Suppress, and Punish Trafficking in
Persons, especially Women and Children. (See Paragraph 2G).

5. Protection and Assistance to Victims:

A. The IBESR lacks the resources to provide temporary shelter
to rescued restaveks while offering them educational, medical
and psychological services. The reopened center in Carrefour
hopes to alleviate capacity restraints (see paragraph 2.G).
Haiti still lacks a sufficient number of shelters to
effectively handle victims who require assistance.
Information is not available on possible trafficking victims
from other countries.

B. No such funding or support exists.

C. See paragraph 5.A.

D. Most of the victims are children rescued from abusive
restavek situations ) the government does not treat them as
criminals.

E. Since there have been no arrests or prosecutions under the
anti-trafficking in children law, there is no knowledge of
such activities.

F. Rescued restaveks are placed in available shelter space
provided by NGOs, until the government's shelter in Carrefour
is fully operational. Protection for witnesses does not
apply to Haiti since there have been no arrests or
prosecutions.

G. The PADF training program for GOH officials includes
training on recognizing potential trafficking victims,
especially targeted at border officials (See paragraph 3.I).

H. Post is not aware of any repatriated nationals who were
victims of trafficking.

I. The government's social services agency, IBESR, cooperates
with a number of NGOs in providing services, such as
resettlement and job training to rescued restaveks, most
notably Foyer Maurice Sixto. (See paragraph 5.F).

6. Embassy Human Rights Officer Dana Banks is the point of
contact on trafficking issues. She can be reached at (509)
222-0200, ext. 8270, IVG 271, and fax number (509) 223-9038.

7. Approximately 34 hours were spent on attending meetings,
compiling information and drafting the report.
GRIFFITHS