TIP SUBMISSION - ST. LUCIA

UNCLAS SECTION 01 OF 05 BRIDGETOWN 000120 SIPDIS SENSITIVE SIPDIS STATE FOR G/TIP, G, INL, DRL, PRM, AND WHA/CAR STATE PASS TO USAID/LAC/CAR-BOUNCY E.O. 12958: N/A TAGS: KCRM PHUM KWMN ELAB SMIG PREF ST XL SUBJECT: TIP SUBMISSION - ST. LUCIA REF: A. STATE 2731 ¶B. 07 BRIDGETOWN 1530 ¶1. (U) As requested (ref A),below are Post's responses to questions regarding St. Lucia for the annual Trafficking in Persons Report. -------------- Para 27 - Overview -------------- ¶2. (SBU) ¶A. Is the country a country of origin, transit, and/or destination for internationally trafficked men, women, or children? Although no official numbers are available, St. Lucia does not appear to be a significant country of origin, transit, or destination for internationally trafficked persons. Limited trafficking may exist around the sex trade. Trafficking may also exist in the form of forced transactional sex of minors. However, there is only limited anecdotal evidence for each of these forms of trafficking. To date, no government agency or nongovernmental organization has performed an official study or survey of trafficking. In the sex trade, potential trafficking victims are likely women from the Dominican Republic. Any minor children forced into transactional sex relationship would be native St. Lucians. ¶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). Evidence of trafficking in St. Lucia continues to be anecdotal and mostly tied to the sex trade, with some potential cases around forced transactional sex. The government's anti-trafficking coalition has continued to develop strategies for combating trafficking and supporting victims. St. Lucia representatives continued to attend IOM conferences and benefit from IOM training materials. ¶C. Which government agencies are involved in anti-trafficking efforts and which agency, if any, has the lead? The Gender Relations Division and Human Services Division of the Ministry of Health Wellness, Family Affairs, National Mobilisation, Human Services, and Gender Affairs; the Police Department; Immigration Department, which is part of the national police force; the Ministry of External Affairs; and the Family Court are all involved in the government's anti-trafficking efforts. The Gender Relations Division has the lead. ¶D. What are limitations on the government's ability to address this problem in practice? The government has limited resources with which to address trafficking. The lead agency on the issue, the Gender Relations Division, has limited staff and resources at its disposal. The police force also has limited resources to devote to tackling illegal prostitution and potential trafficking. All organizations that are members of the anti-trafficking coalition also suffer from a lack of experience and training in handling these issues. ¶E. To what extent does the government systematically monitor its anti-trafficking efforts? Throughout the year, the government had no mechanism through which it could systematically monitor anti-trafficking efforts. -------------- -------------- Para 28 - Investigations and Prosecutions of Traffickers -------------- -------------- ¶3. (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 BRIDGETOWN 00000120 002 OF 005 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? No, traffickers could potentially be charged under laws prohibiting slavery, forced labor, forced imprisonment, kidnapping, or enticement for immoral purposes. No trafficking cases have been prosecuted. ¶B. What are the prescribed 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? The law does not adequately account for labor trafficking offenses. ¶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 14 years to life imprisonment. ¶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, as well as pimping, running a brothel, or other related activities, is illegal. The police force does not have the resources to sufficiently enforce these laws. ¶F. Has the government prosecuted any cases against human trafficking offenders? Not during the reporting period. ¶G. Does the government provide any specialized training for government officials in how to recognize, investigate, and prosecute instances of trafficking? The government has partnered with IOM to provide training in how to recognize and investigate instances of trafficking. ¶H. 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? No. ¶I. 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? N/A ¶J. Is there evidence of government involvement in or tolerance of trafficking, on a local or institutional level? Anecdotal evidence suggests that police officers supporting BRIDGETOWN 00000120 003 OF 005 prostitution and pimping activities is not uncommon. There is no evidence at this time whether sex workers frequented by police officers are victims of trafficking. ¶K. 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. There has been no prosecution of police involvement with or facilitation of prostitution. ¶L. N/A ¶M. 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 is no evidence of child sex tourism at this time. -------------- - Para 29 - Protection and Assistance to Victims -------------- - ¶4. (SBU) ¶A. Does the government assist trafficking victims, for example, by providing temporary to permanent residency status, or other relief from deportation? The government has established a system of providing assistance to trafficking victims. Although the system establishes norms of not treating victims as criminals, the system ultimately prepares the victim for return to his or her home country. ¶B. Does the country have victim care facilities which are accessible to trafficking victims? The Gender Relations Division ran the Women's Support Center, a shelter for women who are victims of domestic or social crimes. Although it has not been used for trafficking victims yet, the Gender Relations Division plans on using the shelter for this purpose if any victims are discovered. ¶C. Does the government provide funding or other forms of support to foreign or domestic NGOs and/or international organizations for services to trafficking victims? Although the government does not provide funding to domestic NGOs specifically to service trafficking victims, it supports the St. Lucia Crisis Center and Upton Gardens Girls Center, both organizations that could assist trafficking victims. ¶D. Do the government's law enforcement, immigration, and social services personnel have a formal system of identifying victims of trafficking among high-risk persons with whom they come in contact? Various government employees have received training in identifying potential victims among high-risk persons, but this training has not reached all relevant personnel. The government's anti-trafficking coalition has an established plan of action to follow once potential victims are identified, but does not have the resources to proactively search out and identify potential victims. ¶E. N/A ¶F. Are the rights of victims respected? Are victims detained or jailed? 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? There are no known victims, but the anti-trafficking coalition has a protocol through which the rights of victims would be respected. ¶G. Does the government encourage victims to assist in the BRIDGETOWN 00000120 004 OF 005 investigation and prosecution of trafficking? N/A ¶H. 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 Gender Relations Division ran the Women's Support Center, a shelter for women who are victims of domestic or social crimes. Although it has not been used for trafficking victims yet, the Gender Relations Division plans on using the shelter for this purpose if any victims are discovered. Children could be placed in foster care or in juvenile shelters, such as the Upton Gardens Girls Center. ¶I. Does the government provide any specialized training for government officials in identifying trafficking victims and in the provision of assistance to trafficked victims, including the special needs of trafficked children? The government cooperated with IOM in providing specialized training in identifying and reaching out to potential victims. ¶J. Does the government provide assistance, such as medical aid, shelter, or financial help, to its nationals who are repatriated as victims of trafficking? N/A ¶K. 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 government has worked with IOM, which has provided training and assisted in developing standards and action plans. Although the government suffers from a lack of funding and personnel, it does not appear to have a problem with political will. -------------- Para 30 - Prevention -------------- ¶5. (SBU) ¶A. Does the government acknowledge that trafficking is a problem in the country? The government is beginning to recognize that trafficking might exist in isolated sectors and is taking strides to counter it. ¶B. Are there, or have there been government-run anti-trafficking information or education campaigns conducted during the reporting period? Yes. The government has posted trafficking information posters throughout various clinics and support centers. The government also addresses trafficking issues during its violence against women campaigns. ¶C. What is the relationship between government officials, NGOs, other relevant organizations and other elements of civil society on the trafficking issue? The government created an anti-trafficking coalition that consists of both government agencies and NGOs. These include the Gender Relations Division, Police Department, Immigration Department, Ministry of External Affairs, Human Services Division, the Family Court, the Upton Gardens Girls Center, the St. Lucia Crisis Center, and the Caribbean Association for Feminist Research and Action. ¶D. Does the government monitor immigration and emigration patterns for evidence of trafficking? Do law enforcement BRIDGETOWN 00000120 005 OF 005 agencies screen for potential trafficking victims along borders? When researching potential incidents, the government will refer to immigration patterns as evidence. However, there is no preemptive monitoring of emigration patterns with the intent of pinpointing potential trafficking problems. ¶E. 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 created an anti-trafficking coalition consisting of various government agencies and NGOs. The government also has a close relationship with IOM. ¶F. 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? Yes, the government has developed and implemented a plan of action to assist trafficking victims. The anti-trafficking coalition (see above) collaborated with NGOs in developing the plan. ¶G. What measures has the government taken during the reporting period to reduce the demand for commercial sex acts? None. ¶H. N/A ¶I. N/A OURISMAN