TIP SUBMISSION - DOMINICA

UNCLAS SECTION 01 OF 03 BRIDGETOWN 000384

SIPDIS

SENSITIVE
SIPDIS

DEPT FOR G/TIP AND WHA/CAR

E.O. 12958: N/A
TAGS: KCRM PHUM KWMN ELAB SMIG ASEC KFRD PREF DO XL
SUBJECT: TIP SUBMISSION - DOMINICA

REF: A. STATE 3836

B. BRIDGETOWN 60


1. (U) As requested in ref A, below are Post's responses to
questions regarding Dominica for the annual Trafficking in
Persons Report.

Paragraph 21 - Overview
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2. (SBU)

-- A) Is the country a country of origin, transit, or
destination for internationally trafficked men, women, or
children? There have been no reports that Dominica is a
country of origin, transit or destination for trafficked men,
women, or children. However, no investigations, studies, or
surveys have been done.

-- B) Please provide a general overview of the trafficking
situation in the country and any changes since the last TIP
Report. There have been no reports that Dominica is a
country of destination for trafficked men, women, or
children. There were reports that women from the Dominican
Republic work in Dominica as prostitutes. It is unknown
whether any of these women were victims of trafficking. In
addition, Dominica, like other Eastern Caribbean countries,
is the destination point for Dominican Republic and Haitian
nationals who come to work in the agriculture and
construction industries, often illegally. Dominica also
serves as a major transit route for Haitians attempting to
reach other Caribbean islands, especially the French islands
of Guadeloupe and Martinique (ref B). It is unknown if any
of these people were trafficking victims. Since the last TIP
Report, Dominica passed a law prohibiting trafficking in
persons.

-- C) What are the limitations on the government's ability to
address this problem in practice? The government has limited
resources at its disposal to effectively monitor its
airports, ports and extensive coastline. The number of
immigration officials, police and coast guard officers is
small, as is the amount of funding that could be used to
train them to identify when trafficking may have occurred.

-- D) To what extent does the government systematically
monitor its anti-trafficking efforts? The government's only
anti-trafficking activities are efforts to combat illegal
migration and labor. In order to stem the number Haitian
migrants using Dominica as a transit point, the government
instituted a policy in 2003 that required all Haitians to pay
a US$400 deposit to immigration officials upon arriving in
the country, which could only be collected upon their
documented departure. Of the over 11,000 Haitians who paid
the deposit, only 100 are believed to have collected their
money upon departure. In 2005, the government instituted a
visa regime for people entering the country from the
Dominican Republic in order to prevent women from coming to
work as prostitutes. The government reported that, as a
result of its visa policy, the number of people entering the
country from the Dominican Republic has declined.

Paragraph 22 ) Prevention
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3. (SBU)

-- A) Does the government acknowledge that trafficking is a
problem? No.

-- B) Which government agencies are involved in
anti-trafficking efforts? The police force, which also
oversees the Immigration Department, is involved in combating
illegal migration and labor, but no government agency is
directly responsible for anti-trafficking efforts.

-- C) Are there or have there been government-run
anti-trafficking information or education campaigns? No.

-- D) Does the government support other programs to prevent
trafficking? No.

-- E) Is the government able to support prevention programs?
No, it does not have the resources to do so.

-- F) What is the relationship between the government, NGOs,
and civil society on the trafficking issue? There is none as
trafficking is not recognized as a problem.

-- G) Does it monitor immigration and emigration patterns for

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evidence of trafficking? Do law enforcement agencies screen
for potential trafficking victims along borders? No.

-- H) Is there a mechanism for coordination and communication
between various agencies, internal, international, and
multilateral on trafficking related matters, such as a
multi-agency working group or a task force? No.

-- I) Does the government participate in multinational or
international working groups to combat trafficking? No.

-- J) Does the government have a national plan of action to
address trafficking? No.

Paragraph 23 - Investigations and Prosecution of Traffickers
-------------- --------------


4. (SBU)

-- A) Does the country have a law specifically prohibiting
trafficking in persons--both trafficking for sexual
exploitation and trafficking for non-sexual purposes? Yes,
the law prohibits trafficking in persons specifically
involving commercial sexual exploitation, forced labor, and
smuggling illegal migrants. Traffickers could also be
charged with immigration violations, labor violations, or
enticement for immoral purposes (pimping). There have been
no trafficking cases prosecuted, although one person was
charged with smuggling illegal migrants.

-- B) What are the penalties for traffickers of people for
sexual or labor exploitation? Persons convicted of
trafficking are subject to a fine of US$37,500 and/or up to
seven years in prison.

-- C) What are the penalties for rape and sexual assault?
The penalty for rape is a maximum sentence of 25 years'
imprisonment.

-- D) Is prostitution legalized or decriminalized? No,
prostitution and pimping are illegal.

-- E) Has the government prosecuted any cases against
traffickers? No.

-- F) Is there any information or reports of who is behind
the trafficking? N/A

-- G) Does the government actively investigate cases of
trafficking? No.

-- H) Does the government provide any specialized training
for government officials in how to recognize, investigate,
and prosecute instances of trafficking? No.

-- I) Does the government cooperate with other governments in
the investigation and prosecution of trafficking cases? N/A

-- J) Does the government extradite persons who are charged
with trafficking in other countries? N/A

-- K) Is there evidence of government involvement in or
tolerance of trafficking, on a local or institutional level?
No.

-- L) If government officials are involved in trafficking,
what steps has the government taken to end such
participation? N/A

-- M) If the country has an identified child sex tourism
problem, how many foreign pedophiles has the government
prosecuted? N/A

-- N) Has the government signed, ratified and/or taken steps
to implement the following international instruments:

a) ILO Convention 182 on worst forms of child labor.
Ratified.

b) ILO Convention 29 and 105 on forced or compulsory labor.
Ratified.

c) Optional Protocol to the Convention on the Rights of
Children. Acceded to.

d) The Protocol to Prevent, Suppress and Punish Trafficking
in Persons, especially Women and Children, supplementing the
UN Convention Against Transnational Organized Crime.
Not a party to the Protocol.


BRIDGETOWN 00000384 003 OF 003


Paragraph 24 - Protection and Assistance to Victims
-------------- --------------


5. (SBU)

-- A) Does the government assist victims? Dominica has had
no reports of trafficking victims.

-- B) Does the government provide funding or other forms of
support to foreign and domestic NGOs for services to victims?
The government has no specific facilities to assist
trafficking victims, although they could be helped by local
NGOs that assist women and children who are victims of abuse.

-- C) Is there a screening and referral process in place? No.

-- D) Are the rights of victims respected, or are victims
also treated as criminals? There have been no reported
victims of trafficking. If they existed, it is likely that
they would be deported for immigration violations.

-- E) Does the government encourage victims to assist in the
investigation and prosecution of trafficking? N/A

-- F) What kind of protection is the government able to
provide for victims and witnesses? The government has a
shelter for victims of domestic violence that could
potentially be used to protect victims of trafficking. The
victim or witness could also be detained for their own
protection.

-- G) Does the government provide any specialized training
for government officials in recognizing trafficking? No.

-- H) Does the government provide assistance to its
repatriated nationals who are victims of trafficking? N/A

-- I) Which international organizations or NGOs, if any, work
with trafficking victims? N/A
KRAMER