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