TIP SUBMISSION - ST. KITTS AND NEVIS

UNCLAS SECTION 01 OF 03 BRIDGETOWN 000387

SIPDIS

SENSITIVE
SIPDIS

DEPT FOR G/TIP AND WHA/CAR

E.O. 12958: N/A
TAGS: KCRM PHUM KWMN ELAB SMIG ASEC KFRD PREF SC XL
SUBJECT: TIP SUBMISSION - ST. KITTS AND NEVIS

REF: STATE 3836


1. (U) As requested in reftel, below are Post's responses to
questions regarding St. Kitts and Nevis 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 St. Kitts and
Nevis 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 St. Kitts and Nevis
is a country of destination for trafficked men, women, or
children. St. Kitts and Nevis, like other Eastern Caribbean
countries, is the destination point for Dominican Republic
and Guyanese nationals who come to work in the agriculture
and construction industries, often illegally. It is unknown
if any of these workers were trafficking victims.

-- C) What are the limitations on the government's ability to
address this problem in practice? The government does not
have the resources, law enforcement expertise, or legal
framework to address this problem.

-- 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. 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.

Paragraph 22 ) Prevention
--------------


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 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
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)


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-- A) Does the country have a law specifically prohibiting
trafficking in persons*-both trafficking for sexual
exploitation and trafficking for non-sexual purposes? No,
traffickers could potentially be charged with immigration
violations, labor violations, or enticement for immoral
purposes (pimping). There have been no trafficking cases
prosecuted. Current laws are inadequate to cover the full
scope of trafficking in persons.

-- B) What are the penalties for traffickers of people for
sexual or labor exploitation? There are no specific
penalties for traffickers of people for sexual or labor
exploitation. They could, however, face penalties for
immigration violations, labor violations, or enticement for
immoral purposes.

-- C) What are the penalties for rape and sexual assault?
The maximum penalty for rape is life 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? N/A

-- 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. Not a party to the Protocol.

d) The Protocol to Prevent, Suppress and Punish Trafficking
in Persons, especially Women and Children, supplementing the
UN Convention Against Transnational Organized Crime.
Acceded to the Protocol.

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


5. (SBU)

-- A) Does the government assist victims? St. Kitts and
Nevis has had no reports of trafficking victims. The
government has no facilities to assist victims, so they would
likely be deported for immigration violations.

-- 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 local NGOs that assist women
and children who are victims of abuse could help them.

-- 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

BRIDGETOWN 00000387 003 OF 003


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