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.

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Para 27 - Overview
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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.

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Para 28 - Investigations and Prosecutions of Traffickers
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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

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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

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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.

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Para 29 - Protection and Assistance to Victims
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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

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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.

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Para 30 - Prevention
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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

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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