TIP SUBMISSION - ANTIGUA AND BARBUDA

UNCLAS SECTION 01 OF 05 BRIDGETOWN 000265 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 AC XL SUBJECT: TIP SUBMISSION - ANTIGUA AND BARBUDA REF: 06 STATE 202745 ¶1. (U) As requested in reftel, below are Post's responses to questions regarding Antigua and Barbuda 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? Antigua and Barbuda is a destination point for victims of Trafficking in Persons (TIP) from the Dominican Republic, Guyana, and Jamaica. ¶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). According a UNHCR source, there are three main brothels that operate in Antigua. He reports that women are recruited in the Dominican Republic to work as maids in Antigua. When the women arrive, their travel documents are taken and they are forced to work as prostitutes in the brothels. Increasingly, however, English-speaking women from Guyana and Jamaica are being recruited. ¶C. What are limitations on the government's ability to address this problem in practice? The government does not have the will to combat the problem. The brothel/nightclub owners pay a lot of money in taxes and generally the government looks the other way. The brothels are periodically raided when the government comes under pressure from church groups; women without documentation are deported for immigration violations. ¶D. To what extent does the government monitor its anti-trafficking efforts? There are 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? There are no laws against TIP. The Immigration Department generally takes the lead. ¶C. Are there, or have there been government-run anti-trafficking information or education campaigns? There are no government campaigns against TIP. ¶D. Does the government support other programs to prevent trafficking? The Welfare Department offers assistance to woman and children. ¶E. What is the relationship between government officials, NGOs, other relevant organizations and other elements of civil society on the trafficking issue? The government appears generally unconcerned with working with other organizations to combat TIP. The government respondents provided no evidence of such cooperation. ¶F. Does the government monitor immigration and emigration BRIDGETOWN 00000265 002 OF 005 patterns for evidence of trafficking? Do law enforcement agencies screen for potential trafficking victims along borders? There is some monitoring and screening of criminal activity in general, but not specific to TIP. ¶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 does not consider this a problem; there is no coordination among government organs on the issue of combating TIP. ¶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? There is no national plan on combating TIP issues. -------------- -------------- Para 29 - Investigations and Prosecutions of Traffickers -------------- -------------- ¶4. (SBU) ¶A. Does the country have a law specifically prohibiting trafficking in persons--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? There are no laws against trafficking in persons. Violators could be prosecuted under immigration, prostitution, or labor laws. Under the Immigration and Passport Act, if an immigration officer suspects that a person is coming into the country to behave in the manner of a prostitute the officer has the authority to refuse entry. ¶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? There are no specific penalties for traffickers of people for labor exploitation. They could, however, face penalties for immigration and labor violations. Immigration violations could lead to deportation of both victim and trafficker. ¶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 ranges from 10 years to life imprisonment. ¶E. Is prostitution legalized or decriminalized? BRIDGETOWN 00000265 003 OF 005 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 is illegal under Antiguan law; in practice the authorities often look the other way. ¶F. Has the government prosecuted any cases against traffickers? No. ¶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? Currently, the traffickers are well financed businessmen from the Dominican Republic. ¶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 focus on trafficking cases. Smuggling cases, which involve economic migrants from Haiti, are receiving increased attention from the government. ¶I. Does the government provide any specialized training for government officials in how to recognize, investigate, and prosecute instances of trafficking? No. However, in February 2007, officials from the MFA and Immigration Department took part in International Organization for Migration (IOM) and UN-sponsored training. ¶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? There are currently no collaborative efforts. ¶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? There have been no requests for extradition. ¶L. Is there evidence of government involvement in or tolerance of trafficking, on a local or institutional level? None. ¶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 have been no reports of child sex tourism in Antigua. ¶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 September 2002. b. ILO Convention 29 and 105 on Forced or Compulsory Labor: Ratified February 1983. BRIDGETOWN 00000265 004 OF 005 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 April 30, 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 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? Victims are generally arrested or detained for immigration violations and are expeditiously deported. ¶B. Does the government provide funding or other forms of support to foreign or domestic NGOs for services to victims? The government does not assist victims, however several NGOs provide services such as health screening and assistance in repatriation. ¶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, the government does no screening for potential TIP 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? Victims are generally treated as criminals and are expeditiously deported. ¶E. Does the government encourage victims to assist in the investigation and prosecution of trafficking? No. ¶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 government runs a shelter for victims of domestic abuse that could be used to assist victims of trafficking. ¶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? Members of the MFA and Immigration Department participated in an IMO-sponsored anti-trafficking conference in the Dominican Republic in February 2007. ¶H. Does the government provide assistance, such as medical aid, shelter, or financial help, to its repatriated nationals who are victims of trafficking? No. ¶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 BRIDGETOWN 00000265 005 OF 005 constraints should be noted, if applicable. Conversely, the lack of political will to address the problem should be noted as well. The Red Cross and the UNHCR provide medical assistance and help with repatriation. OURISMAN