TIP SUBMISSION - ST. LUCIA

UNCLAS SECTION 01 OF 06 BRIDGETOWN 000263

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 ST XL
SUBJECT: TIP SUBMISSION - ST. LUCIA

REF: 06 STATE 202745


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

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Para 27 - 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?

Although no official numbers are available, St. Lucia does
not appear to be a significant country of origin, transit, or
destination for internationally trafficked persons. Limited
trafficking may exist around the increased sex trade, but
there is only limited anecdotal evidence. To date, no
government agency or nongovernmental organization has
performed an official study or survey of trafficking.
Judging from the limited anecdotal evidence, St. Lucia
appears to be the destination for the few cases of
trafficking that may exist.


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).

Evidence of trafficking in St. Lucia continues to be
anecdotal and mostly tied to the sex trade. There are also
anecdotes of children living away from home who are forced
into a sexual relationship with their caregiver with the
knowledge of their parents in exchange for "a better way of
life." These cases are underreported. Since last year,
however, the government organized an anti-trafficking
coalition comprising the Gender Relations Division of the
Ministry of Social Transformation, Human Services, Family
Affairs, Youth, and Sports; the Police Department;
Immigration Department, which is part of the national police
force; the Ministry of External Affairs, International
Finance Services, Information, and Broadcasting; Human
Services and Family Affairs Division of the Ministry of
Social Transformation, Human Services, Family Affairs, Youth,
and Sports; the Family Court; the Upton Gardens Girls Center;
the St. Lucia Crisis Center; and Caribbean Association for
Feminist Research and Action (CAFRA). The coalition has
begun developing a local response protocol in the event a
victim is discovered and a questionnaire to assess the extent
of trafficking in St. Lucia. St. Lucia delegates have
participated in the Caribbean Regional Meeting on
Counter-trafficking Strategies Workshop, the Human
Trafficking Investigation Course, and the Direct Assistance
Training, all organized by IOM in 2006.


C. What are limitations on the government's ability to
address this problem in practice?

The government has limited resources with which to address
trafficking. The lead agency on the issue, the Gender
Relations Division, has limited staff and resources at its
disposal. The police force also has limited resources to
devote to tackling illegal prostitution and potential
trafficking. All organizations that are members of the
anti-trafficking coalition also suffer from a lack of
experience and training in handling these issues.


D. To what extent does the government monitor its
anti-trafficking efforts?

Throughout the year, the government had no mechanism through
which it could monitor anti-trafficking efforts, but
developed a survey designed to measure trafficking that it
was close to launching.

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Para 28 - Prevention
--------------


3. (SBU)


A. Does the government acknowledge that trafficking is a
problem in the country?

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The government is beginning to recognize that trafficking
exists in isolated incidents and has started taking strides
to counter it. The government also recognizes that the
problem may increase while hosting Cricket World Cup in 2007
and so is striving to implement preemptive measures to help
cope with the potential increase in the problem.


B. Which government agencies are involved in
anti-trafficking efforts and which agency, if any, has the
lead?

The Gender Relations Division, Police Department, Immigration
Department, Ministry of External Affairs, Human Services and
Family Affairs Division, and the Family Court are the
government agencies involved with anti-trafficking efforts.
The Gender Relations Division takes the lead on all
trafficking cases, even those, unrelated to gender-based
crimes, such as trafficking for labor purposes.


C. Are there, or have there been government-run
anti-trafficking information or education campaigns?

Although there has not been any campaigns targeting
trafficking specifically, the government disseminated
anti-trafficking materials when running campaigns on similar
issues, such as gender-based violence. The government also
developed various public service announcements that will run
soon.


D. Does the government support other programs to prevent
trafficking?

The government financially sponsors the Upton Gardens Girls
Center, a quasi-official home for school-aged girls who are
victims of various domestic and social problems or
perpetrators of crime. At the home, girls receive both
scholastic and life-skills education. Through the Gender
Affairs Division, the government also sponsors various
outreach programs to support the rights of women. The
government also sponsors universal secondary education.


E. What is the relationship between government officials,
NGOs, other relevant organizations and other elements of
civil society on the trafficking issue?

The government created an anti-trafficking coalition that
consists of the Gender Relations Division, Police Department,
Immigration Department, Ministry of External Affairs, Human
Services and Family Affairs Division, the Family Court, the
Upton Gardens Girls Center, the St. Lucia Crisis Center, and
CAFRA.


F. Does the government monitor immigration and emigration
patterns for evidence of trafficking? Do law enforcement
agencies screen for potential trafficking victims along
borders?

When researching potential incidents, the government will
refer to immigration patterns as evidence. However, there is
no preemptive monitoring of emigration patterns with the
intent of pinpointing potential trafficking problems.


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?

The government created an anti-trafficking coalition
consisting of various government agencies and NGOs. The
government also has a close relationship with the
International Organization for Migration.


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?

The anti-trafficking coalition has created a plan of action,
but it is still being developed.


BRIDGETOWN 00000263 003 OF 006


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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?

No, traffickers could potentially be charged under laws
prohibiting slavery, forced labor, forced imprisonment,
kidnapping, or enticement for immoral purposes. No
trafficking cases have been prosecuted.


B. What are the penalties for trafficking people for sexual
exploitation?

There are no specific laws against trafficking people for
sexual exploitation.


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?

The government takes labor offenses, such as confiscation of
passports, very seriously. However, the government has only
experienced one such case over the last year. In that case,
the employer claimed he was holding his employees' passports
for safekeeping and returned them at the request of the labor
office.


D. What are the prescribed penalties for rape or forcible
sexual assault? How do they compare to the prescribed and
imposed penalties for crimes of trafficking for commercial
sexual exploitation?

The penalty for rape is 14 years to life imprisonment.


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 force does not
have the resources to sufficiently enforce these laws.


F. Has the government prosecuted any cases against
traffickers?

The only case of a labor offense mirroring trafficking was
resolved through the labor office.


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?

Because the only evidence of trafficking at this time is
anecdotal, there is no information or reports as to who is
behind any potential trafficking.


H. Does the government actively investigate cases of
trafficking? (Again, the focus should be on trafficking
cases versus migrant smuggling cases.)


BRIDGETOWN 00000263 004 OF 006


The government does not yet specifically investigate
trafficking cases, but has begun to receive training on this.
For general investigations, there are no laws prohibiting
undercover or covert operations and both are actively
utilized. The police force has only recently obtained the
equipment for electronic surveillance.


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?

Although there are no official reports, anecdotal evidence
suggests that some police officers support prostitution and
pimping activities. There is no evidence at this time
whether sex workers protected by police officers are victims
of trafficking.


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.

Although there were no reports of government officials
involved with trafficking, there was one police officer who
was under investigation for involvement with prostitution.
At year's end, the officer was still under investigation, but
had also retired from the police force.


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 is no evidence of child sex tourism at this time.


O. Has the government signed, ratified, and/or taken steps
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 June 12, 2000.

b. ILO Convention 29 and 105 on Forced or Compulsory Labor:

Ratified on May 14, 1980.

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 June 16, 1993, but has not signed
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:

Signed the Convention on September 26, 2001, but has not
ratified the Convention or signed the Protocol.

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BRIDGETOWN 00000263 005 OF 006


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?

The Gender Relations Division ran the Women's Support Center,
a shelter for women who are victims of domestic or social
crimes. Although it has not been used for trafficking
victims yet, the Gender Relations Division plans on using the
shelter for this purpose if any victims are discovered.


B. Does the government provide funding or other forms of
support to foreign or domestic NGOs for services to victims?

Although the government does not provide funding to domestic
NGOs specifically to service trafficking victims, it supports
the St. Lucia Crisis Center and Upton Gardens Girls Center,
both organizations that could assist trafficking victims.


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?

There is no system of identifying victims or a referral
process currently in place. There is a hotline, however,
established to help victims of domestic violence that could
also respond to victims of trafficking. The anti-trafficking
coalition is also currently developing methods through which
it hopes to identify victims.


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?

There are no known victims, but the anti-trafficking
coalition is establishing a protocol through which the rights
of victims would be respected.


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?

The Gender Relations Division ran the Women's Support Center,
a shelter for women who are victims of domestic or social
crimes. Although it has not been used for trafficking
victims yet, the Gender Relations Division plans on using the
shelter for this purpose if any victims are discovered.
Children could be placed in foster care or in juvenile
shelters, such as the Upton Gardens Girls Center.


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?

In developing its survey questionnaire, the government
consulted with and provided training to various
professionals, such as police, teachers, and nurses. The
government also hosted an IOM training session which led to
the developing of the response protocol.


H. Does the government provide assistance, such as medical
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

BRIDGETOWN 00000263 006 OF 006


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 government has worked with IOM, which has provided
training and assisted in developing standards and action
plans. Although the government suffers from lack of funding
and personnel issues, it does not appear to have a problem
with political will.
OURISMAN