BELIZE - EIGHTH ANNUAL TRAFFICKING IN PERSONS (TIP) REPORT

UNCLAS SECTION 01 OF 04 BELMOPAN 000149 SIPDIS SENSITIVE SIPDIS DEPT FOR G/TIP (FLECK),G, INL, PRM DEPT FOR WHA/PPC (PUCCETTI), WHA/CEN (BEAL) GUATEMALA FOR USAID E.O. 12958: N/A TAGS: KCRM PHUM KWMN SMIG KFRD ASEC PREF ELAB BH SUBJECT: BELIZE - EIGHTH ANNUAL TRAFFICKING IN PERSONS (TIP) REPORT (PART THREE OF THREE) REF: A) STATE 02731, B) 06 BELIZE 673 This cable is sensitive but unclassified. ¶4. (SBU) Protection and Assistance to Victims ¶A. The rights of victims are always respected and are codified in the standing operating procedures and in the Trafficking in Persons (Prohibition) Act. Also, victims also have access to free medical services and to counseling services. These facilities are dedicated exclusively to trafficking victims. Foreign victims have the same access to care as domestic victims. The Trafficking in Persons (Prohibition) Act requires the government to provide protection to victims to prevent recapture by traffickers and to ensure personal security. The Department of Immigration informs victims of procedures to return to their home country and informs victims of procedures for seeking permanent residency or citizenship in Belize. If the victim so desires, the Department of Immigration is also required to provide assistance in applying for permanent residence and citizenship in Belize once the criteria is met. The Department of Immigration issues the victim (and child) with a temporary residency permit for enable their stay in Belize during court case. The Ministry of Foreign Affairs of Belize is also required to provide assistance if the victim is unable to prove their nationality and for repatriation. Belize provides all victims with free access to legal, medical and psychological services. ¶B. The government supports two shelters for trafficking victims, one in Belmopan and one in Hattieville in the Belize district. The Government of Belize facilitated the acquisition of the facility in the Belize District and provides funding for the general operation of the facilities. Funding has recently been obtained through the U.S. Embassy for refurbishment of the facility in the Cayo District. Children who are victims of trafficking are placed in existing child care institutions. If necessary, victims can also be housed in hotels at government expense. ¶C. The Government of Belize provides an annual subvention to all local non-governmental organizations, including child care facilities where minors who are victims of trafficking in persons are placed for protective care. The shelters and facilities for adult victims are fully operated by the Government of Belize. The Government of Belize does not provide foreign aid. ¶D. Law enforcement and social services personnel received extensive training during the year on the identification and interviewing of potential trafficking victims. When a person is identified as a potential victim, the Department of Human Services (under the Ministry of Human Development) is immediately notified and a social worker is deployed to conduct an interview. Victims of trafficking are never jailed or detained. Victims are never fined or prosecuted for violating any law. Section 10 of the Trafficking in Persons (Prohibition) Act stipulates that a victim "is not criminally liable for any immigration-related offence, or any other criminal offence that is as a direct result of being trafficked." Victims are encouraged to provide assistance in the investigation and prosecution of trafficking cases. In fact victims are issued temporary residency permits by the Department of Immigration and Nationality Services to enable them to remain in Belize for the duration of the criminal proceedings provided they are willing to provide assistance. In some cases, the victims do not want to be protected and only desire to return to their place of employment. ¶E. Prostitution is not legal in Belize but prostitutes are able to seek assistance from social workers who would apply the same screening process as for other potential trafficking victims. ¶F. According to Belize law, victims of trafficking should not be jailed, deported or penalized in any way. The law states that the victim is not criminally liable for any immigration-related offense or any other criminal offense. The law also requires that victims receive temporary permits that allow them to remain in Belize for the duration of any criminal proceedings and can qualify for residency or citizenship. Many victims do not view themselves as victims of trafficking and do not wish to pursue criminal action against their traffickers. In other cases, commercial sex workers who may be victims are mistreated or victimized further. ¶G. Victims of trafficking can file civil suits and seek legal action against traffickers. The Trafficking in Persons (Prohibition) Act authorizes courts to order convicted traffickers BELMOPAN 00000149 002 OF 004 to pay restitution to their victims. The court considers the costs of medical and psychological care, physical and occupational therapy, transportation, housing and child care, lost income, emotional distress, pain and suffering, and any other loss suffered by the victim when determining the amount of restitution. The government lacks the resources to provide a formal restitution program. ¶H. The government provides security - in the form of police protection - to victims, their families and witnesses. This protection is provided on an as-needed basis; there is no formal witness protection program and the country's population is likely too small to create an effective program. The Trafficking in Persons (Prohibition) Act requires that court proceedings for all TIP cases be held in camera, and the court is required to ensure that the identity of the victim and his/her family remains confidential. No identifying information may be released to the public or press although the country's population is so small that personal information frequently leaks to the public. ¶I. All of Belize's embassies and consulates are aware of the government's efforts to prevent trafficking in persons. Officers at embassies and consulates are provided with material to assist them in identifying victims and in providing the necessary protection. Embassies and consulates are very active in developing partnerships with International Organizations and NGOs which serve trafficking victims. For example, The Embassy of Belize in Washington D.C. has been successful in obtaining assistance particularly in the area of training from both the OAS and the IOM; the Permanent Mission of Belize to the UN is working on establishing a relationship with the UN Office of Drugs and Crime; the Consulate of Belize in Los Angeles has obtained training materials from the Salvation Army in Los Angeles for use by the Committee. No victim of trafficking in persons has approached an embassy or consulate of Belize for assistance. However, should the need arise Belize's embassy and consulates would provide full consular assistance including providing accommodation, assistance in dealing with authorities facilitating repatriation to Belize. Assistance is available from the Government of Belize, through its embassies and consulate abroad to any Belizean national who requires repatriation as victim of trafficking, including accommodation, money and issuance of necessary documents to enable repatriation. ¶J. If needed, the Belize government will provide medical assistance, shelter and financial aid to any Belizean national who is a victim of trafficking and has been repatriated to Belize. ¶K. Local NGOs such as the National Organization for the Prevention of Child Abuse and Neglect (NOPCAN) and Youth Enhancement Services (YES) work with trafficking victims and focus on trafficking issues. International organizations like UNICEF and IOM also provide assistance. The Inter American Development Bank (IDB) approved funding to the government for assistance in strengthening national protocols, including victim assistance, for trafficking in persons. There are no international NGOs working with trafficking victims in Belize. ¶5. (SBU) Prevention A. The Anti Trafficking in Persons Committee, through intelligence driven operations conducted by its Tripartite Team (the Departments of Immigration, Police and Human Services),is vigilant in confronting possible cases of trafficking. Trafficking in persons cases are documented by the Tripartite Team from interviews of potential victims conducted by Human Services after an operation. The Belize Police Department through its intelligence gathering unit, Special Branch, maintains a permanent presence at the Belize Western Border Station, and at the Phillip Goldson International Airport as well as in every district. A police officer works within the Immigration and Nationality Department at the Belize Northern Border station to assist in the monitoring of immigration and emigration patterns and the screening for potential victims of trafficking. ¶B. During the reporting period, the government, through the Anti-trafficking in Persons Committee continues its efforts to combat trafficking in persons. The committee meets once a month and has three sub-committees to help implement its annual operation plan in the areas of prevention, protection and prosecution. The Committee has received financial support from Belize Tourism Board and the Belize Tourism Industry Association for the designing, printing and distributing of posters aimed at raising awareness BELMOPAN 00000149 003 OF 004 about trafficking in persons and commercial sexual exploitation in the tourism industry. This initiative promoted the Code of Conduct for the Protection of Children from Sexual Exploitation in Travel and Tourism. During the reporting period the Anti Trafficking in Persons Committee continued its nationwide bilingual public awareness campaign. This campaign included the reprinting of 2000 English language and 1000 Spanish language posters which were distributed widely at public places and government offices. These posters highlighted the elements of trafficking and targeted victims. The NCFC also assisted the Committee in coordinating the printing of anti-trafficking posters in both English and Spanish. The posters were distributed to government offices countrywide, border points and bus stations. The Chair of the Committee continued to discuss the issue of trafficking in persons by appearing on radio shows such as 'Facts for Families' and 'Link Up' The Chair also gave a presentation to the recruits at the Police Training Academy on trafficking and how to identify trafficking victims. Additionally, some training materials for anti-trafficking training were received by the Committee from the Belize Consul General in Los Angeles. The training materials were distributed to the Department of Human Services for intra-department training. Television and radio public service announcements were aired at various times over the course of the last 12 months both by the Committee and NGO partners such as Youth Enhancement Services. The Chair of the Committee also appeared on radio on several occasion to highlight the issue of trafficking in person, including on such shows as "Facts for Families" and "Link Up." Additionally, outreach initiatives were undertaken by the Committee which targeted specific groups such as law enforcement, justices of the peace, residents of municipalities such as Benque Viejo and San Ignacio. These public awareness campaigns target both victims and the demand for trafficking. The campaigns are also bilingual across the various media, including printed posters, radio and television. Some local NGOs have questioned the effectiveness of the government's public awareness campaign, especially among at-risk groups such as commercial sex workers (CSWs). Because most CSWs keep non-traditional hours (i.e., sleeping until late in the day and working from late afternoon until the wee hours of the morning), they are not in a position to see, hear, or read the government's PSAs. In addition, these women are virtually confined to the neighborhood of their brothel/home and are unlikely to visit government offices, border crossing points or bus terminals. One NGO suggested that strategically-placed billboards would be a more effective way to distribute information and would have a better chance of reaching the target audience. During the reporting period, A-TIPS received support from the IDB to implement a project aimed at the strengthening and streamlining of anti-trafficking protocols and the development of a comprehensive communications strategy. In July 2007, the project was completed and the A-TIPS Committee received the final communications strategy which included an assessment of anti-trafficking efforts in Belize and provided recommendations for streamlining standard operation procedures for law enforcement. ¶C. The government, NGOs, international organizations and other elements of civil society generally have a good working relationship. Members of relevant NGOs (such as NOPCAN), international organizations (such as IOM),and government officials worked together to offer training to stakeholders and often cooperated on relevant boards or committees. For example, representatives from several NGOs sit on the Anti-Trafficking in Persons Committee. However, local NGOs - which often receive some funding from the government - must walk a fine line between accurately reporting the trafficking situation in Belize and maintaining the favor of the Belize government. International organizations, such as UNICEF and IOM, and embassies (neither of which fear government reprisal or loss of government funding) are able to accurately report on and (if necessary) criticize the government's actions. ¶D. As mentioned, the Department of Immigration and Nationality (DINS) monitors the movements of people within and outside the country's borders for evidence of trafficking. Though training to screen for trafficking victims is provided to immigration officers, the department's meager resources limit its ability to effectively monitor immigration and emigration patterns and screen for potential trafficking victims. Immigration records are not computerized at BELMOPAN 00000149 004 OF 004 any of the country's points of entry, including Philip Goldson International Airport in Belize City - the main port of entry for visitors to Belize. Special Branch, the intelligence gathering unit of the Belize Police Department, maintained a permanent presence at the Belize Western Border Station and at Philip Goldson International Airport. A police officer was assigned to the DINS at the Belize Northern Border Station to assist with monitoring immigration and emigration patterns and screening for potential victims of trafficking. ¶E. The A-TIPS Committee coordinates the anti-trafficking activities executed by the frontline agencies including monitoring the movements of people within and without Belize's borders for evidence of trafficking and screening for potential trafficking of victims, and the gathering of intelligence. While there is no public corruption task force, the government has appointed an ombudsman to investigate complaints against public officials and private citizens. However, no public officials have ever been prosecuted as a result of the ombudsman's inquiries. The government also maintains an Integrity Commission to oversee compliance with financial disclosure laws. ¶F. The Anti-Trafficking in Persons Committee drafted a five-year national action plan to address trafficking in persons. All member agencies of the committee, as well as UNICEF, were consulted in developing the plan. The plan was disseminated to member agencies of the Committee as well as the Committee's international partners. ¶6. (SBU) Heroes Ms. Anita Zetina, the former Chief Executive Officer of the Ministry of Human Development, managed to organize multiple agencies to press for change in the treatment of victims and raise the level of importance of the trafficking issue in Belize. She worked tirelessly in this effort. ¶7. (U) Best practices The government of Belize employs a multi-sectoral approach to combating trafficking in persons. This method strengthens coordination among frontline agencies, ensures a victim-centered approach to combating TIP, and leads to direct and efficient delivery of services to victims. This multi-sectoral approach led to the development of a tripartite team comprised of the police, immigration officials, and social workers who are responsible for the planning, execution and evaluation of operations - thereby ensuring that operations are intelligence-driven. Social workers are present at every operation to make certain that victims receive immediate assistance. ¶8. Post's POC for trafficking and human rights issues is poloff Sue Kuester, e-mail: KuesterSG@state.gov; telephone: 011-501-822-4011, ext. 4113; fax: 011-501-822-4012. In her absence, please contact political/economic chief Thomas Wise, e-mail: WiseTW@state.gov. ¶9. Post estimates that over the course of the year, poloff and one LES have spent approximately 60 hours gathering information, meeting with government officials, and preparing reports on trafficking in persons in Belize. HILL