TIP SUBMISSION - DOMINICA

UNCLAS SECTION 01 OF 05 BRIDGETOWN 000262 SIPDIS SENSITIVE SIPDIS STATE FOR G/TIP, G, INL, DRL, PRM, AND WHA/CAR STATE PASS TO USAID/LAC/CAR-RILEY E.O. 12958: N/A TAGS: KCRM PHUM KWMN ELAB SMIG ASEC KFRD PREF DO XL SUBJECT: TIP SUBMISSION - DOMINICA REF: 06 STATE 202745 ¶1. (U) As requested in reftel, below are Post's responses to questions regarding Dominica for the annual Trafficking in Persons Report. -------------- Para 27 - Overview -------------- ¶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. There is limited anecdotal evidence that trafficking may exist. This evidence suggests that Dominica may be a country of transit and destination, primarily for nationals from Haiti and the Dominican Republic. ¶B. Please provide a general overview of the trafficking situation in the country and any changes since the last TIP Report (e.g., changes in direction). There were no reports of trafficking in persons in Dominica, and both government agencies and nongovernmental organizations generally do not believe it is a problem. There were reports of women from the Dominican Republic working as prostitutes and nationals from Haiti working on farms or in factories. The government has documented a number of cases of Haitians entering Dominica legally and departing illegally for the French territories of Martinique and Guadeloupe. There is little evidence that any of these people are trafficking victims. There are no major changes in the situation since last year's report. ¶C. What are limitations on the government's ability to address this problem in practice? The government has limited resources to effectively monitor migration and enforce labor or prostitution laws. Social services are also understaffed and under-funded. There is also limited political will to counter trafficking as officials generally believe it does not exist in Dominica. ¶D. To what extent does the government monitor its anti-trafficking efforts? The government has no anti-trafficking efforts. -------------- Para 28 - Prevention -------------- ¶3. (SBU) ¶A. Does the government acknowledge that trafficking is a problem in the country? No. ¶B. Which government agencies are involved in anti-trafficking efforts and which agency, if any, has the lead? Various agencies handle issues related to trafficking: The Women's Bureau of the Ministry of Information, Community Development, Culture, and Gender Affairs assists victims of gender-based crimes; the Labour Division of the Ministry of Foreign Affairs, Trade, Labour, and the Public Service investigates cases involving labor violations; and the Immigration Department of the police force handles immigration violations. However, no agency is specifically focused on trafficking in persons. ¶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 BRIDGETOWN 00000262 002 OF 005 trafficking? Through the Women's Bureau, the government has sponsored various outreach efforts and training sessions on educating and empowering women. ¶E. What is the relationship between government officials, NGOs, other relevant organizations and other elements of civil society on the trafficking issue? This is no relationship between government officials and NGOs as trafficking is not perceived as a problem. ¶F. Does the government monitor immigration and emigration patterns for evidence of trafficking? Do law enforcement agencies screen for potential trafficking victims along borders? No. ¶G. 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? Does the government have a trafficking in persons working group or a single point of contact? Does the government have a public corruption task force? No. ¶H. Does the government have a national plan of action to address trafficking in persons? If so, which agencies were involved in developing it? Were NGOs consulted in the process? What steps has the government taken to disseminate the action plan? No. -------------- -------------- Para 29 - Investigations and Prosecutions of Traffickers -------------- -------------- ¶4. (SBU) ¶A. Does the country have a law specifically prohibiting trafficking in person--both for sexual and non-sexual purposes (e.g., forced labor)? If so, please specifically cite the name of the law and its date of enactment. Does the law(s) cover both internal and external (transnational) forms of trafficking? If not, under what other laws can traffickers be prosecuted? The Immigration and Passport (Amendment) Act of 2003 (No. 19 of 2003) makes provision for offense of human trafficking. It was enacted November 28, 2003. ¶B. What are the penalties for trafficking people for sexual exploitation? Persons convicted of trafficking are subject to a fine of USD 37,500 and/or up to seven years' imprisonment. ¶C. Punishment of Labor Trafficking Offenses: What are the prescribed and imposed penalties for trafficking for labor exploitation, such as forced or bonded labor and involuntary servitude? Do the government's laws provide for criminal punishment--i.e., jail time--for labor recruiters in labor source countries who engage in recruitment of laborers using knowingly fraudulent or deceptive offers that result in workers being exploited in the destination country? For employers or labor agents in labor destination countries who confiscate workers' passports or travel documents, switch contracts without the worker's consent as a means to keep the worker in a state of service, or withhold payment of salaries as means of keeping the worker in a state of service? If law(s) prescribe criminal punishments for these offenses, what are the actual punishments imposed on persons convicted of these offenses? Although labor trafficking cases could be prosecuted under the law, any cases of confiscated passports or other offenses were resolved through the Labour Division. ¶D. What are the prescribed penalties for rape or forcible sexual assault? How do they compare to the prescribed and BRIDGETOWN 00000262 003 OF 005 imposed penalties for crimes of trafficking for commercial sexual exploitation? The penalty for rape is a maximum sentence of 25 years' imprisonment. The penalty for trafficking for commercial sexual exploitation is less severe in terms of imprisonment (7 years'),but carries a possible fine of up to USD 37,500. ¶E. Is prostitution legalized or decriminalized? Specifically, are the activities of the prostitute criminalized? Are the activities of the brothel owner/operator, clients, pimps, and enforcers criminalized? Are these laws enforced? Prostitution, as well as pimping, running a brothel, or other related activities, is illegal. The police forces do not have the resources to sufficiently enforce these laws. ¶F. Has the government prosecuted any cases against traffickers? The government has not prosecuted any cases against traffickers. The Labour Division has investigated cases where an employee claimed the employer was holding his/her passport, but all these cases were resolved without legal action. ¶G. Is there any information or reports of who is behind the trafficking? For example, are the traffickers freelance operators, small crime groups, and/or large international organized crime syndicates? N/A ¶H. Does the government actively investigate cases of trafficking? (Again, the focus should be on trafficking cases versus migrant smuggling cases.) The government does not actively investigate cases of trafficking. However, if cases needing investigation arose, the government would be able to utilize undercover or covert operations. ¶I. Does the government provide any specialized training for government officials in how to recognize, investigate, and prosecute instances of trafficking? No. ¶J. Does the government cooperate with other governments in the investigation and prosecution of trafficking cases? If possible, can post provide the number of cooperative international investigations on trafficking? No. ¶K. Does the government extradite persons who are charged with trafficking in other countries? If so, can post provide the number of traffickers extradited? Does the government extradite its own nationals charged with such offenses? N/A ¶L. Is there evidence of government involvement in or tolerance of trafficking, on a local or institutional level? No. ¶M. If government officials are involved in trafficking, what steps has the government taken to end such participation? Have any government officials been prosecuted for involvement in trafficking or trafficking-related corruption? Have any been convicted? What sentence(s) was imposed? Please provide specific numbers, if available. N/A ¶N. If the country has an identified child sex tourism problem (as source or destination),how many foreign pedophiles has the government prosecuted or deported/extradited to their country of origin? There are no reports of child sex tourism. ¶O. Has the government signed, ratified, and/or taken steps BRIDGETOWN 00000262 004 OF 005 to implement the following international instruments? Please provide the date of signature/ratification if appropriate. a. ILO Convention 182 concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labor: Ratified on February 28, 2005. b. ILO Convention 29 and 105 on Forced or Compulsory Labor: Ratified on February 28, 1983. c. The Optional Protocol to the Convention on the Rights of the Child (CRC) on the Sale of Children, Child Prostitution, and Child Pornography: Ratified the Convention on March 13, 1991 and accessioned to the Protocol on September 20, 2002. 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 Convention or the Protocol. -------------- - Para 30 - Protection and Assistance to Victims -------------- - ¶5. (SBU) ¶A. Does the government assist victims, for example, by providing temporary to permanent residency status, relief from deportation, shelter and access to legal, medical and psychological services? There have been no reports of any victims. If there were victims, the Women's Bureau and the Dominican National Council of Women (DNCW),an NGO focused on women's issues, would provide counseling. The DNCW provides shelter for victims of other gender-based crimes. ¶B. Does the government provide funding or other forms of support to foreign or domestic NGOs for services to victims? No. ¶C. Do the government's law enforcement and social services personnel have a formal system of identifying victims of trafficking among high-risk persons with whom they come in contact? No. ¶D. Are the rights of victims respected, or are victims treated as criminals? Are victims detained, jailed, or deported? If detained or jailed, for how long? Are victims fined? Are victims prosecuted for violations of other laws, such as those governing immigration or prostitution? It is likely that victims would be prosecuted for immigration violations or charges of prostitution. ¶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? Does it provide these protections in practice? What type of shelter or services does the government provide? If victims were not prosecuted for other crimes, the Women's Bureau or DNCW may be able to help a victim find shelter. ¶G. Does the government provide any specialized training for government officials in recognizing trafficking and in the provision of assistance to trafficked victims, including the special needs of trafficked children? No. ¶H. Does the government provide assistance, such as medical BRIDGETOWN 00000262 005 OF 005 aid, shelter, or financial help, to its repatriated nationals who are victims of trafficking? N/A ¶I. Which international organizations or NGOs, if any, work with trafficking victims? What type of services do they provide? What sort of cooperation do they receive from local authorities? NOTE: If post reports that a government is incapable of assisting and protecting TIP victims, then post should explain thoroughly. Funding, personnel, and training constraints should be noted, if applicable. Conversely, the lack of political will to address the problem should be noted as well. The Women's Bureau, as well as other involved government agencies, are understaffed and under-funded to research and combat trafficking in persons effectively. As there are no documented cases at this time, there is little political will to invest in anti-trafficking measures. OURISMAN