TIP SUBMISSION - BARBADOS

UNCLAS SECTION 01 OF 05 BRIDGETOWN 000266 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 ELAB KFRD ASEC KWMN PHUM PREF SMIG BB XL SUBJECT: TIP SUBMISSION - BARBADOS REF: 06 STATE 202745 ¶1. (U) As requested in reftel, below are Post's responses to questions regarding Barbados 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? Evidence suggests that Barbados is a destination for trafficking, and may be a source and transit country for trafficking as well. The country has a number of strip clubs and brothels, many of which are staffed by women from the Dominican Republic and other Caribbean islands. There has been recent newspaper reports that parents have trafficked their minor children to work as underaged prostitutes in Bridgetown's red light district. ¶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). In the case of the 14 Indian workers who were trafficked to Barbados at the end of 2005, Surendra Babu was charged as a representative of the construction Larsen and Toubro. Babu is answering charges that between October 3 and November 9, 2005, he and his company employed 14 people who were not citizens, permanent residents or immigrants, and to whom no work permits had been granted for engagement or employment at Kensington Oval (a cricket stadium). The case is slowly working its way through the court system. (NOTE: Larsen and Toubro were awarded the general contract for the Kensington Redevelopment Project and applied to World Cup Barbados to bring in Indian labor. Cricket World Cup (CWC) 2007 runs from March 11 to April 28, 2007. It is probable that, given the government's indirect connection to the case, no movement will occur until after CWC. END NOTE.) The December 8, 2006, edition of the Barbados daily "The Nation" reported that Barbadian racecar driver Geoffrey Ullyett was accused of living off the proceeds of prostitution. He was charged that he "exercised control of movement" of Ukrainians Olha Sheherbakova and Anzhela Pantelo in a way that showed that he aided and abetted prostitution. He was also charged in another district court of stealing the passports of the Ukrainians. The magistrate later dropped the charges because key witnesses were no longer in Barbados. Another development was reported in the February 24, 2007, edition of the "Barbados Advocate." In a front-page article, Chief Education Officer Wendy Griffith-Watson, while speaking to parents at the Lawrence T. Gay Memorial School, states that there are parents in Barbados who put young boys of 12 or 13 into male prostitution on Bay Street and other areas in Barbados. (NOTE: Bay Street is located in the middle of Bridgetown's red light district. END NOTE.) ¶C. What are limitations on the government's ability to address this problem in practice? The government has very limited resources with which to address trafficking. Understaffed law enforcement agencies have no training in exploring the links between illegal prostitution and potential trafficking. The legal system is equally strapped with a huge caseload and not enough prosecutors to handle the backlog. ¶D. To what extent does the government monitor its anti-trafficking efforts? The government has no system to monitor anti-trafficking efforts. Officials monitor illegal immigration, but are still in the beginning stages of addressing trafficking issues in Barbados. -------------- Para 28 - Prevention -------------- ¶3. (SBU) BRIDGETOWN 00000266 002 OF 005 ¶A. Does the government acknowledge that trafficking is a problem in the country? After a series of high-profile cases involving 14 Indian laborers brought in to work on infrastructure for Cricket World Cup and a recent arrest of a Barbadian racecar driver on pimping charges involving two Ukrainian women, the government is beginning to acknowledge that a limited amount of trafficking may be occurring. ¶B. Which government agencies are involved in anti-trafficking efforts and which agency, if any, has the lead? The Office of Gender Affairs in the Ministry of Social Transformation is the lead governmental agency for anti-trafficking efforts. ¶C. Are there, or have there been government-run anti-trafficking information or education campaigns? Yes, the Office of Gender Affairs organized four public forums to raise awareness of TIP. These programs were held in prominent public areas such as Heroes' Square in downtown Bridgetown and Oistins fish market. The programs were aimed at potential victims of trafficking and were geared towards raising public awareness. ¶D. Does the government support other programs to prevent trafficking? The government runs a variety of programs aimed at building self worth in women and recognizing and preventing domestic violence. In addition to a shelter for battered women, there are gender and equity programs. ¶E. What is the relationship between government officials, NGOs, other relevant organizations and other elements of civil society on the trafficking issue? NGOs and civil society are involved with the government in the Barbadian Coalition, a group of 15 governmental and non-governmental organizations committed to combating trafficking in persons. ¶F. Does the government monitor immigration and emigration 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? The Barbadian Coalition is the only mechanism for communicating between agencies at this time. It is still developing programs to educate and sensitize key players, such as law enforcement personnel and vulnerable communities. ¶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 for combating TIP. The Office of Gender Affairs, Customs Department, Attorney General's office, Ministry of Home Affairs, Ministry of Health, Welfare Department, Immigration Department, and the Barbados Coalition are coordinating on the development of a national plan. -------------- -------------- Para 29 - Investigations and Prosecutions of Traffickers -------------- -------------- ¶4. (SBU) BRIDGETOWN 00000266 003 OF 005 ¶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 specific anti-trafficking laws. Traffickers could be charged with violations of labor laws, immigration violations, and the laws against pimping and pandering. The Barbadian racecar driver was charged with pimping. ¶B. What are the penalties for trafficking people for sexual exploitation? N/A. ¶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 sexual or labor exploitation. They could however face penalties for immigration or labor violations that include criminal sanctions. The employer of the 14 Indian trafficking victims was charged as such. ¶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 up to life imprisonment. The penalty for sexual assault is up to five years in prison. ¶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 is illegal and the laws are generally enforced. ¶F. Has the government prosecuted any cases against traffickers? The government is currently prosecuting the management of Larsen and Toubro for bringing 14 Indian nationals to Barbados to work illegally. The government also charged Geoffrey Ullyett with pimping. There have to date been no noteworthy convictions. ¶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? There are also reports of small time, high-end traffickers. Geoffrey Ullyet would appear to be this type of trafficker. A third type appears to be companies that are bringing in large numbers of laborers to work in Barbados' booming construction industry. A large number of these workers would probably be better classified as smuggled as opposed to trafficked. ¶H. Does the government actively investigate cases of trafficking? (Again, the focus should be on trafficking cases versus migrant smuggling cases.) This is an issue that is slowly being recognized in Barbados. As it continues to get more recognition, investigations are BRIDGETOWN 00000266 004 OF 005 increasing. ¶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? The GOB cooperates regional and international law enforcement, however there are no specific collaborations on TIP issues. ¶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 of individuals charged with trafficking in other countries. ¶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 have been reports of children forced by their parents to work as prostitutes; however, there have been no reports of sex tourism. ¶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 May 8, 1967. b. ILO Convention 29 and 105 on Forced or Compulsory Labor: Ratified October 23, 2000. c. The Optional Protocol to the Convention on the Rights of the Child (CRC) on the Sale of Children, Child Prostitution, and Child Pornography: Did not sign or ratify. d. The Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, supplementing the UN Convention Against Transnational Organized Crime: Signed September 26, 2001. -------------- - 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 BRIDGETOWN 00000266 005 OF 005 psychological services? As in the case of the two Ukrainian prostitutes, victims are normally deported for immigration violations. ¶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? The GOB 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 expeditiously deported. ¶E. Does the government encourage victims to assist in the investigation and prosecution of trafficking? Generally no; however, the government is prosecuting the employer of the 14 Indian laborers. ¶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 GOB has a shelter for victims of domestic violence that could be used to protect 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? No, the GOB does not provide TIP-related training. The International Organization for Migration (IOM) has been conducting seminars and training for the past couple of years that are attended by government officials from a variety of social welfare and law enforcement agencies. ¶H. Does the government provide assistance, such as medical aid, shelter, or financial help, to its repatriated nationals who are victims of trafficking? In rare past cases, that were not confirmed as trafficking, the individual's family financed the repatriation. ¶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 IOM is working in Barbados with the Office of Gender Affairs and the Business and Professional Women's Association to educate the public on trafficking in persons. OURISMAN