JAMAICA: DEMARCHE DELIVERED ON 7TH ANNUAL TIPS

C O N F I D E N T I A L KINGSTON 000927

SIPDIS

SIPDIS

STATE FOR G/TIP (MTAYLOR, KBRESNAHAN)
STATE FOR WHA/CAR (RBUDDEN)
STATE FOR G
STATE FOR INL
STATE FOR DRL
STATE FOR PRM
STATE FOR WHA/PPC (PUCCETTI)

E.O. 12958: DECL: 06/12/2017
TAGS: KCRM PHUM KWMN SMIG KFRD ASEC PREF ELAB JM XL
SUBJECT: JAMAICA: DEMARCHE DELIVERED ON 7TH ANNUAL TIPS
REPORT: GOJ AND PRESS REACTIONS

REF: STATE 71163

Classified By: Ambassador Brenda L. Johnson for Reasons 1.5 (b) and (d)


1. (SBU) Poloff delivered the 7th Annual TIP country report
on Jamaica to the Government of Jamaica's (GOJ) National
Anti-Trafficking Task Force at the Ministry of Foreign
Affairs and Foreign Trade (MFAFT) on June 11. The task force
is headed by Permanent Secretary for the Ministry of Justice
Carol Palmer. Ms. Palmer allowed all members of the task
force to stay in the meeting; however, in order to prevent
any leaks to the media, she only circulated the report to
members of the MFAFT.


PUBLIC REACTIONS POSITIVE
--------------


2. (U) Both the GOJ and local media reacted favorably to
Jamaica's improvement to Tier 2 status. The GOJ issued a
press release noting the ranking "...is a testament to the
significant effort being made by the country to meet the
international standards that are required to effectively
combat human trafficking.... Jamaica's improved rating is
attributable to several key factors, including the enactment
of comprehensive legislation and the increase in the number
of cases brought before the courts. The US Government also
acknowledged the turnaround in the attitude towards human
trafficking activities by government officials and their
willingness to address this matter in public fora." The
press release also noted, "The Government of Jamaica
considers the improved Tier 2 status to be a welcome
recognition by the international community in general and the
United States Government in particular, of the intense
efforts being undertaken by the government to tackle this
growing problem affecting the entire international community
and specifically the Caribbean." Finally, the GOJ urged
"...all sectors of the society to maintain this interest and
give active support to all pertinent educational material, as
it can only augur well for the detection, prevention and
deterring of human trafficking anywhere in the island."


3. (U) Poloff conducted numerous interviews with members of
the media representing newspapers, radio, and television.
The media, in general, reported favorably regarding Jamaica's
elevation and accurately reported the difference between Tier
2 Watch List and Tier 2. One television station showed clips
of Secretary Rice's statement on trafficking which singled
out Jamaica (along with other nations) for making "major
improvements" in their approach to trafficking.


PRIVATE REACTIONS LESS POSITIVE
--------------


4. (SBU) Privately, GOJ officials were disappointed with
their Tier 2 placing. Poloff explained that the reporting
period is from March 1-February 28 and the new
anti-trafficking law had not come into effect until March 1
and, therefore, the USG had had no effective way to evaluate
how well the law will work. Poloff also informed the task
force that G/TIP will look for efforts to "convict and punish
traffickers" as well as improve victims services during the
coming reporting period.


5. (C) GOJ officials raised serious concerns regarding the
USG's emphasis on arrests and convictions. One official
noted that many times, the GOJ undertakes raids to rescue
victims as quickly as possible, but that because they
prioritize the removal of a victim from a dangerous
situation, arrests and prosecutions are not always possible
as they may have acted solely on a tip - and thus not have
had time to build an evidentiary case. Additionally, GOJ
officials noted that Jamaica, like the US, places the rule of
law - and the reliance upon evidence and due process - front
and center in the judicial system. Noting that trafficking
cases are particularly difficult to prosecute because: 1)
witnesses are unreliable, 2) traffickers can provide
legitimate employment documents (irrespective of what the
victims were actually required to do),and 3) juries don't
always return a verdict favorable to the prosecution, GOJ
officials are deeply concerned that the emphasis on arrests
and prosecutions as the key criterion makes achievement of
Tier 1 status unattainable.



6. (C) Poloff also spoke at length with Andrea Downer, a
recent participant in the IV program on trafficking and
current reporter for the Gleaner - the largest daily
newspaper. Ms. Downer also raised the issue of prosecutions
with poloff during an "off the record" discussion. In
particular, Ms. Downer noted that despite GOJ efforts, there
were still members of the police who were not handling
trafficking victims well. While police have been sensitized,
she believes that more needs to be done - and that the GOJ
must also focus on training defense attorneys, prosecutors,
and judges.


7. (C) Both the GOJ and Ms. Downer independently confirmed
that the biggest hurdle the GOJ faces in mounting successful
prosecutions are the witnesses themselves. Jamaica is known
for its "you talk, you die" culture towards witnesses. In
many criminal cases, witnesses either change their story,
recant, or plead ignorance. In higher profile drug and
murder cases, witnesses simply "disappear." Ms. Downer, who
has tirelessly covered human trafficking, reported that she
has yet to meet a trafficking victim in person. While she
has been able to interview victims on the phone, they refuse
to meet with her in person fearing they will be identified.


COMMENT
--------------


8. (SBU) GOJ officials asked poloff to explain G/TIP criteria
for deciding how many arrests/prosecutions/convictions move a
nation into Tier 1 status. Unfortunately, G/TIP has not
provided those criteria and their methodology remains veiled;
therefore, poloff could only report that "the Trafficking
Office in DC makes that determination." Poloff instead
recommended that the GOJ meticulously detail each and every
case of trafficking for future reports. This necessarily
includes detailing each investigation, how many individuals
were arrested (if none, the reason why),how many
prosecutions, the status of each case at the time of the next
TIP report, jury verdicts, and all other details relevant to
each case (for example, if a case is dismissed for lack of
evidence or because a witness refused to testify).


9. (SBU) Both Post and the GOJ remain disappointed in the
Tier ranking as the GOJ has made significant gains in
countering human trafficking and are facing the reality that
they may not be able to move to Tier 1 status due to cultural
beliefs about cooperation with law enforcement that are
beyond their control. Only 2 years ago, Jamaica was a Tier 3
nation, with no GOJ official even acknowledging the problem.
Today, GOJ officials routinely discuss trafficking, the
police routinely investigate cases, and the Ministry of
Justice has launched a new campaign to crack-down on
employment ads that are used to lure women into prostitution.
The GOJ is understandably frustrated with what they see as
ill-defined objectives and "moving goal posts" which do not
acknowledge the ongoing extraordinary work they have
undertaken.


JOHNSON