BELIZE: SIXTH ANNUAL ANTI-TRAFFICKING IN PERSONS

UNCLAS BELIZE 000200

SIPDIS

SENSITIVE

SIPDIS

DEPT FOR WHA/CEN - JASON MACK
WHA/PPC - MICHAEL PUCCETTI
G/TIP - LINDA BROWN;
FOR G, INL, DRL, PRM, and IWI
DEPT PASS TO USAID

E.O. 12958: N/A
TAGS: KCRM PHUM KWMN ELAB SMIG ASEC KFRD PREF BH
SUBJECT: BELIZE: SIXTH ANNUAL ANTI-TRAFFICKING IN PERSONS
(TIP) REPORT

REF: A) STATE 03836;
B) 05 BELIZE 188;
C) 05 BELIZE 1067;
D) 05 BELIZE 946;
E) 05 BELIZE 423;
F) 06 BELIZE 04;
G) 05 BELIZE 1065;
H) 06 BELIZE 117;
I) 06 BELIZE 139


1. (U) The following responses are keyed to Ref A
"Checklist" paragraphs 21-24.


2. (SBU) Para 21: Overview of Belize's activities to
eliminate trafficking in persons:


A. Belize is a transit and destination country for
international trafficked men, women and children, though
apparently on a small scale. Trafficking occurs within the
country's borders primarily in the form of "sugar daddies" -
- adult men who support pre-teen and teenaged girlfriends,
often with the consent of the girl's parents. In
conjunction with this, during the reporting year a singular
instance of Belize as an origin country appeared wherein a
Belizean girl was sold to an El Salvadoran national and
transported to El Salvador (Refs C, G & F). Despite studies
commissioned in 2003, and a recently (2005-2006) conducted
United Nations Children's Fund (UNICEF) mapping study
focusing on trafficked children issues, comprehensive
statistical data on trafficking victims in Belize does not
exist. UNICEF has reported that it will release the mapping
report in March 2006. Although alien smuggling occurs,
government and social organizations believe that trafficking
is limited in scope in Belize. As both private and public
Belizean organizations lack resources, most information on
trafficking is obtained through word of mouth and hearsay.
Many would-be trafficking cases are pursued as unlawful
carnal knowledge/rape cases which carry a larger criminal
penalty than trafficking in persons (Note: Eight years
versus one year for trafficking. End Note.) However, in
practice, convictions on TIP charges have proven challenging
for the Director of Public Prosecutions (DPP) as eyewitness
accounts remain necessary in the absence of an established
forensic science unit.


B. In the last year, the origins and composition of TIP
victims have remained unchanged (Ref B, para b and c). Post
has documented an increase in political will, at the highest
levels of Belizean government, to address TIP. In December
(Refs C and D),the Belize National Assembly approved an
amended liquor licensing act, put forward by Deputy Prime
Minister Johnny Briceno, which requires business and liquor
licensees to be free of any TIP convictions. During the
reporting year, at a rural child labor forum -- as part of
Belize's adherence to ILO Convention 182 -- Minister of
Health and Labor Vildo Marin held a "National Seminar on
Hazardous Work", where Marin gave a public address
acknowledging children performing labor in Belize as a major
human rights issue. As a result of the Ministry's pilot
project with International Labor Organization (ILO),seventy-
five (75) children were removed from the workforce; forty-
nine (49) of those were placed back in schools and the other
26 are awaiting placement in training programs.

In December 2005, the Belizean Cabinet approved a formalized
name change and institutional enhancement of the Anti-
Trafficking Task Force as the Anti-Trafficking in Persons
Committee. As a formal National Committee, the Chairman
reports directly to the Prime Minister and the Committee has
a formalized Terms of Reference that lists their legally
recognized responsibilities. The first draft of a National
Plan of Action was produced during the rating period and put
before Cabinet in December 2005. The United Nations
Children's Fund (UNICEF) has agreed to fund a technical
assistance consultancy to further elaborate and formalize
the plan; particularly towards protecting the rights of
children and women against commercial sexual exploitation
and trafficking. At time of writing, the Inter-American
Development Bank (IDB) is investigating grant-funding
opportunities for the National Plan of Action. Even though

granted greater responsibility and a larger board,
consisting of more government agencies, the challenge
remains that the Anti-TIP Committee still operates without a
formal budget or secretariat staff that is perpetually
dedicated to the issue and to inter-agency coordination.


C. The government is severely limited in its ability to
address trafficking by a lack of resources and an
overburdened and inexperienced court system. The public
perception of corruption as a pervasive problem is high.
Police and Immigration corruption is also seen as a problem.
In June, under a massive budget deficit and impending bond
debentures due, the government implemented severe austerity
measures (Ref E). In the reporting year, the government has
had success in investigation and prosecution of TIP but
still lacks adequate resources to aid victims.


D. The government tasked the Director of Immigration with
compiling an annual report on TIP. At time of writing, the
formal Annual TIP Report was being finalized. However,
Immigration and the Anti-TIP Committee were able to provide
information on 2005/6 cases along with some limited
statistical data:

-- two convictions for TIP (Ref F): Celia Garcia and Walter
Swazo, and application for extradition of an El Salvadoran
national, Juan Santos Martinez;

-- case of Petronilla Urratia (Ref G): was adjourned 23 FEB
to 27 MAR 06;

-- statistical data provided showed five TIP cases and 15
for alien smuggling, labor offenses and other immigration
offences.


3. (SBU) Reftel A para 22: PREVENTION:


A. The government has acknowledged trafficking as a
problem; however, the extent and full nature of the problem
is unknown. Lacking resources to keep detailed, ready data
on immigration and trafficking, GOB has requested assistance
in mapping and studying the problem. UNICEF and the
International Labor Organization (ILO) have begun programs
to assess the issue. Together with ILO/IPEC, the Belizean
National Committee for Families and Children (NCFC) is
currently conducting a study for a project on the
"Contribution to the Prevention and Elimination of
Commercial Sexual Exploitation of Children in Central
America, Panama and Dominican Republic"; ILO/IPEC has
approved an estimated budget for Belize for regional
collaboration, institutional strengthening, and
communication and social mobilization for $212,500. NCFC
expects the information gathering and project proposal to be
ready in March. The United Kingdom Department for
International Development (DFID) has funded a technical
assistance project for the purchase and installation of CCTV
systems and rooms for use by child and/or other
trafficking/abuse victims in court proceedings in order that
the victim does not have to sit in open court and testify.
At GOB request, the IDB is also currently investigating
possibilities to study and address the trafficking issue.

Despite the lack of financial resources and solid numbers on
trafficking victims, the government has made a serious
effort to address problems, request assistance, and prevent
an increase in trafficking.


B. The multi-agency National Anti-TIP Committee, founded
in 2003 as a "Task Force", was upgraded in 2005 in name and
composition (Ref B). The Committee, a conglomeration of a
dozen government agencies, is the lead agency on anti-
trafficking efforts and meets approximately every other
month. The Committee has significantly expanded and is
comprised of representatives from: the Ministry of Home
Affairs; National Committee for Families and Children
(NCFC); Attorney General's Ministry; Office of the
Commissioner of Police; Department of Immigration and
Nationality Services; Human Services Department; Central
Statistical Office; Director of Public Prosecutions (DPP);
Labor Department; Customs Department; and Ministry of

Foreign Affairs, Foreign Trade and Tourism (MFA).


C. Lack of financial resources has prevented the Committee
from continuing public information and education programs
that began in 2003 and continued through 2004. A public
service video announcement was aired by one local TV
station, free of charge. Posters remain visible at Belize's
international entry points, police stations, check points,
at all immigration and customs offices countrywide and
sporadically at bus stations, health centers, clinics and
hospitals. Individual ministries and departments on the
Anti-TIP Committee continue to keep anti-trafficking
sensitivity training as part of their regular training
schedules. In April, the International Organization for
Migration (IOM) and Organization of American States (OAS)
conducted an Anti-Trafficking in Persons training seminar.


D. The government has stated that it maintains the position
of supporting any effort to prevent trafficking; it is
unaware of any other program aimed at the issue outside of
the ministries and departments that are part of the Anti-TIP
Committee. Under the Ministry of Human Development, as part
of the anti-domestic abuse efforts, the Women's Department
has several programs for the protection of women and
empowerment that could be beneficial for potential victims
of trafficking. As stated above in paragraphs 2B and 3A,
the NCFC has several efforts to protect children and keep
them in school.


E. (Note. No "E" in ref A. End Note.)


F. The Anti-TIP Committee is comprised of government
officials and maintains a good working relationship with
civil society. Two local civil society organizations, the
National Organization for the Prevention of Child Abuse, and
Neglect (NOPCAN) and Youth Enhancement Services (YES),
provided input into the Committee's National Plan of Action
and were subsequently invited to join the Committee.


G. The Immigration Department report has not been
officially released, but, according to the Chair of the Anti-
TIP Committee, it is woefully inadequate. It is uncertain
if any indications of a serious attempt to monitor
immigration and emigration patterns leading to evidence of
trafficking are contained in the report. Since 2003,
immigration and law enforcement officials have had materials
and sensitivity training for screening potential victims
along borders. The government has increased the number of
random and stationary police checkpoints along roads from
Guatemala, reportedly to screen for victims.


H. The central mechanism for coordination is the National
Anti-TIP Committee, which is a multi-agency working group of
twelve ministries and departments of the Belizean
government. The focal point/main contact for TIP is the
Head of the National Anti-TIP Committee -- since inception
in 2003, former Minister of Human Development and current
Ambassador for the National AIDS Commission, Dolores
Balderamos Garcia, has chaired the Task Force/Committee.
The government does not have a public corruption task force;
however, an internal integrity committee monitors elected
officials. The integrity committee is set up by the
National Assembly itself.


I. (Note. No "I" in ref A. End Note.)


J. As mentioned in para 2B above, the National Plan of
Action has been submitted to Cabinet and some international
organizations are committed to assisting in implementation
once the document is approved and publicly released. NGO's
mentioned in 3E above have participated in the process. As
the Action Plan is currently before Cabinet, it is
considered a confidential document, and thus is not
available for public dissemination.


4. (SBU) Reftel A para 23: INVESTIGATION AND PROSECUTION OF
TRAFFICKERS:


A. Belize enacted comprehensive anti-trafficking in persons
legislation in 2003. The law, entitled Trafficking In

Persons (Prohibition) Act derives almost verbatim from U.S.
model law. The law is adequate enough to cover the full
scope of TIP. Additionally, other laws apply to provide
some protection for victims, such as the Women's Protection
Act. Trafficking in Persons is a criminal offense in
Belize. In part II of the Act, sections 3-10 deal with the
assessment of criminal offenses: "a person who engages in,
or conspires to engage in, or attempts to engage in, or
assists another person to engage in, or organizes or directs
another person to engage in, trafficking in persons commits
an offence punishable on summary conviction with a fine of
Bz$10,000 (USD$5,000) or imprisonment of not less than one
year and not more than five years." Other tenants of the law
list offenses, such as transportation, with sentences up to
eight years. In addition, protection under the Belizean
Constitution is provided, whereas the Constitution prohibits
slavery and forced labor.


B. The law does not differentiate traffickers of people for
sexual exploitation from labor exploitation. The penalty
for transportation of victims is three to eight years if the
number of transported victims exceeds five, or where the
transportation is done as part of a gang or organized
criminal group or network.


C. The penalty for rape is eight years. Penalties assessed
for forcible sexual assault are not explicitly detailed but
have ranged from four to twenty years. These penalties for
rape and unlawful carnal knowledge (Note: Rape of a minor
under 18 years of age. End Note) are greater than the
penalties for trafficking, which is one to five years, and
recent sentences have been for one year (Ref F).
Significant for the protection of young girls, the age of
consent was increased in the reporting year from 14 to 16
thus, according to GOB officials, the gap was closed for
males attempting to escape rape charges by marrying an
underage girl they were victimizing (Ref D).


D. Prostitution is not explicitly illegal or legal, even if
periphery activities are illegal. The activities of a
brothel owner/operator, clients, pimps and enforcers are
illegal as listed. Article 49 of the Laws of Belize make it
illegal to procure: any female under age eighteen, any
female unless she is a common prostitute or known to be of
immoral character (these terms are undefined in the law),
any female to become a prostitute, any female to leave
Belize with the intent to become an inmate of or to frequent
a brothel, and any female to leave her residence within or
without Belize with the intent to become an inmate of or to
frequent a brothel. The maximum penalty is five years
imprisonment. Article 50 of the Laws of Belize prohibits:
using threats or force to procure a female to have any
unlawful carnal knowledge, using false pretenses or
misrepresentation to cause a female to have unlawful carnal
knowledge (except in cases where the female is a common
prostitute or of known immoral character),or use any drug,
matter or thing to stupefy or overpower a female so as to
enable any person to have unlawful carnal knowledge with
said female. Violation of this law could lead to a maximum
of three years imprisonment. Belize's Summary Jurisdiction
(Offenses) Act also prohibits maintenance of a brothel, with
up to six months imprisonment or USD$250 (Bz$500) fine, and
knowingly living off the earnings of prostitution with up to
six months imprisonment or USD$50 (BZ$100) fine.


E. The government successfully prosecuted and sentenced two
individuals for trafficking, who are serving their time at
Hattieville Central Prison (Ref F). The case of Petronilla
Urratia (Ref C) was adjourned to 27 MAR 2006. The outcome
of the two other indictments for TIP was unknown at time of
reporting, as the formal Immigration Department report is
incomplete and not officially released.


F. There is no reliable information pointing to who is
behind trafficking in Belize. It is estimated that most are
freelance operators or a loose network of taxi drivers and
brothel owners. Additionally, it is rumored that both men
and women are trafficked as domestics and shop workers from
India and China by households/owners from the same
countries; however, this rumor is not supported by hard

evidence. There is no evidence of employment, travel,
tourism agencies or marriage brokers fronting for
traffickers. There are no reports of government officials
involved in trafficking. Post does monitor terrorism
finance and money laundering; however, there are no reports
of where profits from trafficking in persons are being
channeled.


G. The government has actively investigated cases of
trafficking and has obtained convictions as stated in 4E
above (Ref F). These convictions and expected convictions,
Urratia 27 March 06 case mentioned above, have demonstrated
GOB competence and willingness to prosecute trafficking and
related offenses or unlawful carnal knowledge wherever the
penalty is greater. Thus, in the face of higher likelihood
for prosecution for rape/unlawful carnal knowledge,
subsequently with a greater penalty attached, the DPP will
opt for pursuit of a rape conviction over a TIP conviction.


H. With the assistance of the Organization of American
States (OAS),the government held an "Anti-Trafficking in
Persons Training Seminar" as part of training for
prosecutorial, police, immigration, customs, health and
labor officials. The OAS cancelled a second planned
training in September, but no reason was given. Post will
send a Senior Crown Counsel to an International Visitors
Leadership Program entitled "Combating Trafficking in
Persons," Aug 10-31, 2006.


I. The government is currently attempting to cooperate with
El Salvador (reftel G) in the extradition request of a TIP
offender. El Salvador deported the twelve year-old Belizean
trafficking victim unannounced. Belizean Immigration and
police became involved after questioning upon her arrival.
With no records of interviews made available, it is
difficult to ascertain cooperation with other nations.
According to Pan American Health Officials (PAHO),semi-
annually the Immigration Department/local police raid
brothels; however, whether the prostitutes from other
Central American countries are trafficking victims or not
remains unclear. Often, they are repatriated with the
assistance of their relevant embassies. Other Central
American embassies have reported informally of successes in
getting family assistance in instances of children who were
being smuggled through Belize destined for reunification
with parents in the U.S.


J. Regarding paragraph I above, GOB has reported that there
have been no requests by outside nations for extradition of
a Belizean for trafficking in persons. The government has
stated that, in cases where Belize is a party to an
extradition treaty with another state, Belize stands ready
to cooperate in extraditing offenders. The Belize-United
States extradition treaty allows for the extradition of
persons charged with trafficking in persons. In the
reporting year, Belizean officials cooperated with the
Regional Security Office in the return of an American
citizen to face charges under the Protect Act, after he had
served time in Belize for rape and unlawful material.


K. There is no evidence of GOB involvement in or tolerance
of trafficking.


L. Post knows of no instances in which government officials
were involved in trafficking, tolerated trafficking, or were
involved in trafficking related corruption.


M. Belize does not have an identified child sex tourism
problem. Post has no evidence of Belize as source or
destination of child sex tourism. The 2003 IMO report cited
only that the "potential" exists with the rising number of
tourists, but there is no evidence of such occurrence being
on the rise in Belize. Pertinent to the question of
vulnerable children, in March NCFC, ILO and UNICEF will
release results of studies and mapping exercises that have
investigated the areas of child labor and trafficking. The
largest increase of tourists is in the daytime cruise-ship
arrivals; however, only a small percentage (less than five
percent as reported by cruise-ship officials) does not go on
tightly controlled or directed tours. A Belizean Social

Services investigation (reftel B) of reports of cruise-ship
tourists disembarking and seeking taxi drivers to take them
to brothels did not encounter evidence of the rumored
occurrences.

In coordination with Immigration and Police Officials, post
RSO together with relevant U.S. law enforcement bodies have
reported the deportation of five fugitive American
pedophiles to the United States. There are no other reports
of other foreign pedophiles. In January, three American
citizens were acquitted of unlawful carnal knowledge of
minors and trafficking charges (Ref H).


N. GOB has signed/ratified the following international
instruments:

-- ILO Convention 182 concerning the prohibition and
immediate action for the elimination of the worst forms of
child labor on 6 MAR 2000;

-- ILO Convention 29 and 105 on forced or compulsory labor,
both ratified on 15 DEC 1983;

-- The Optional Protocol to the Convention on the Rights of
the Child (CRC) on the Sale of Children, Child Prostitution,
and Child Pornography -- ratified on 1 DEC 2003;

-- The Protocol to Prevent, Suppress, and Punish TIP,
especially Women and Children, supplementing the UN
Convention Against Transnational Organized Crime -- acceded
to on 26 SEP 2003.


5. (SBU) (Para 24) PROTECTION AND ASSISTANCE TO VICTIMS:


A. In accordance with its Anti-TIP law, the GOB provides
victims with special residency status and relief from
deportation. The GOB lacks resources to cover
medical/psychological services, but the law compels
convicted offenders to cover these costs, along with other
costs, as part of a restitution package. The government
does not have its own victim care or health care facilities
but post, the Anti-TIP Committee and the Women's Department
of the Ministry of Human services has submitted an Economic
Support Funds (ESF) grant proposal for creating a
comprehensive victims' assistance program, which will
include a shelter (ref I). Two local NGOs operate battered
women's shelters, which can aid TIP victims, one children's
home has been known to take in minor victims of trafficking
until they can be returned to their homes (ref B).


B. The GOB provides subvention funds to one NGO Haven
House, whose main focus is on victims of domestic violence,
but also provides assistance to victims of trafficking.
Belize Social Services provides basic victim assistance. In
December, an official from Social Services and the Belizean
Ambassador to the U.S. attended OAS-sponsored regional
training in Guatemala which focused on regional victim
assistance.


C. With IMO assistance, a formal screening and referral
process has been in place since 2003, but it is largely
unutilized by the victims who, as reported by Immigration,
simply desire to return home. The health workers of USAID-
funded Pan American Social Marketing Organization (PASMO)
report that deportations of prostitutes to the Guatemalan
border only result in their willing return to Belize.


D. The law prohibits the government from treating TIP
victims as criminals and provides for their legal
protection. Victims may not be jailed or deported. No
fines or other charges may be levied against victims for
immigration offenses.


E. The law encourages victims to assist in prosecutions by
providing temporary residency and/or employment status to
those victims willing to testify and assist in
investigations; however, the government cannot currently
provide a safe, comfortable place to house victims.
Immigration Officials and the Office of the Director of
Public Prosecutions (DPP) encourages victims to assist in

prosecutions; however, most return to their countries of
origin rather than stay for a trial. During the rating
period, no victim attempted to file civil suit or
independent legal action against a trafficker. There are no
known formal impediments to victim access to such legal
redress. If a non-Belizean victim is a material witness
against a former employer and has a legal work permit then
he/she may obtain other employment or depart the country.

The government lacks the resources to provide restitution to
victims, and in theory the law holds convicted traffickers
accountable for restitution. Section 6(1) of the
Trafficking in Persons (Prohibition) Act makes provision for
a court to order a person convicted of trafficking in
persons to pay restitution.


F. There are no witness protection programs in Belize. The
current anti-TIP legislation provides only for temporary
legal residence and protection from prosecution for victims
willing to testify. There are no shelters dedicated to TIP
victims; child victims are placed in one of several state-
assisted private shelters.


G. During the rating period the government together with
the OAS provided a comprehensive training (para 4H above).
Although the GOB has not conducted training for employees at
its foreign diplomatic missions, according to the Foreign
Ministry, each embassy and consulate is aware of the
provisions of the Trafficking in Persons (Prohibition) Act
and Belize's obligations under the Optional Protocol to the
Convention on the Rights of the Child on the Sale of
Children, Child Prostitution, and Child Pornography and the
Protocol to Prevent, Suppress, and Punish Trafficking in
Persons. Furthermore, Belize's Ambassador to the U.S. has
taken a keen interest in the issue and has attended an OAS
regional TIP seminar.


H. The government has provided full assistance (shelter,
medical aid and financial help) to a 12-year-old Belizean
victim that was returned from El Salvador (REF F).


I. UNICEF is currently completing a mapping exercise to see
how they might assist child trafficking victims.


6. (U) Per para 20, reftel A, post point of contact (POC)
for Trafficking (TIP) and Human Rights issues is POLOFF
Brian S. DaRin, email: darinbs@state.gov; tel: 011-501-227-
7161 ext. 205; Fax: 011-223-0802.


7. (U) Per para 20, reftel A, post estimates PolOff DaRin
has spent approximately 400 hours on compiling information,
arranging and attending meetings, reporting, and preparing
the interim and annual Anti-Trafficking in Persons reports.

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