Identifier
Created
Classification
Origin
08BRIDGETOWN121
2008-02-27 15:40:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Bridgetown
Cable title:  

TIP SUBMISSION - DOMINICA

Tags:  KCRM PHUM KWMN ELAB SMIG PREF DO XL 
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VZCZCXRO8785
PP RUEHGR
DE RUEHWN #0121/01 0581540
ZNR UUUUU ZZH
P 271540Z FEB 08
FM AMEMBASSY BRIDGETOWN
TO RUEHC/SECSTATE WASHDC PRIORITY 6138
INFO RUCNCOM/EC CARICOM COLLECTIVE
RUEHDG/AMEMBASSY SANTO DOMINGO 5914
RUEHBJ/AMEMBASSY BEIJING 0287
RUEHPU/AMEMBASSY PORT AU PRINCE 1979
RHMFIUU/DEPT OF HOMELAND SECURITY WASHINGTON DC
RUEAWJA/DEPT OF JUSTICE WASHDC
RUEATRS/DEPT OF TREASURY WASHDC
RUEHC/DEPT OF LABOR WASHDC
UNCLAS SECTION 01 OF 05 BRIDGETOWN 000121 

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 DO XL
SUBJECT: TIP SUBMISSION - DOMINICA

REF: A. STATE 2731

B. 07 BRIDGETOWN 1562

UNCLAS SECTION 01 OF 05 BRIDGETOWN 000121

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 DO XL
SUBJECT: TIP SUBMISSION - DOMINICA

REF: A. STATE 2731

B. 07 BRIDGETOWN 1562


1. (U) As requested (ref A),below are Post's responses to
questions regarding Dominica 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?

There are no official reports that Dominica is a country of
origin, transit, or destination for trafficked men, women, or
children. However, no investigations, studies, or surveys
have been done. Anecdotal evidence suggests that limited
trafficking might exist around the sex trade and labor
market. Trafficking may also exist in the form of forced
transactional sex of minors. In the sex trade, potential
trafficking victims are likely women from the Dominican
Republic. In the labor market, potential victims would be
Chinese migrants. Any minor children forced into
transactional sex relationship would be native Dominicans.


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).

Since last year's report, there seems to be a slowly growing
awareness that trafficking victims might exist in Dominica
(ref B). However, no further actions or studies have been
taken. Concern that prostitutes from the Dominican Republic
and Chinese laborers may be trafficking victims is
increasing. The number of Haitians entering Dominica
legally, but leaving illegally has been on a drastic decline.
Authorities generally believe that this is a smuggling or
migration phenomenon rather than a trafficking problem.


C. Which government agencies are involved in
anti-trafficking efforts and which agency, if any, has the
lead?

The Women's Bureau, the Welfare Division, the Labor
Commission, the Police Department, the Immigration
Department, and the Coast Guard all play a role in monitoring

sectors potentially involved with human trafficking, but
there is no coordinated anti-trafficking effort.


D. What are limitations on the government's ability to
address this problem in practice?

The government has limited resources to effectively monitor
migration and enforce labor or prostitution laws. Social
services are also understaffed and under-funded. There is
also limited political will to counter trafficking as
officials generally believe it does not exist in Dominica.


E. To what extent does the government monitor its
anti-trafficking efforts?

The government has no formal anti-trafficking efforts.

-------------- --------------
Para 28 - Investigations and Prosecutions of Traffickers
-------------- --------------


3. (SBU)


A. Does the country have a law specifically prohibiting
trafficking in person--both for sexual and non-sexual
purposes (e.g., forced labor)? If so, please specifically
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?


BRIDGETOWN 00000121 002 OF 005


Although the Immigration and Passport (Amendment) Act of 2003
(No. 19 of 2003) makes provision for offense of human
trafficking, the text of the law is actually designed to
combat human smuggling. It was enacted November 28, 2003.


B. What are the penalties for trafficking people for sexual
exploitation?

Persons convicted of trafficking (smuggling) are subject to a
fine of USD 37,500 and/or up to seven years' imprisonment.


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?

Although labor trafficking cases could be prosecuted under
the law, any cases of confiscated passports or other offenses
would likely be resolved through the Labour Division.


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 a maximum sentence of 25 years'
imprisonment. The penalty for trafficking for commercial
sexual exploitation is less severe in terms of imprisonment
(7 years'),but carries a possible fine of up to USD 37,500.


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 forces do 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?

No.


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?

No.

BRIDGETOWN 00000121 003 OF 005




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.

N/A


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
depored/extradited to their country of origin?

Thereare no reports of child sex tourism.

--------------
Para 29 - Prtection and Assistance to Victims
--------------


4. (SBU)


A. oes the government assist traffickingvictims, for
example, by providing temporary to permanent residency
status, or other relief from deportation?

There have been no reports of any victims. If there were
victims, the Women's Bureau and the Dominican National
Council of Women (DNCW),an NGO focused on women's issues,
would provide counseling. Currently, there are no provisions
for temporary to permanent residency status.


B. Does the country have victim care facilities which are
accessible to trafficking victims?

The DNCW provides shelter for victims of gender-based crimes
and could use this shelter for trafficking victims.


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?

No.


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?

No.


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?

An understanding of the importance of protecting the victims
is increasing in Dominica. However, it is still likely that
victims would be prosecuted for immigration violations or
charges of prostitution.


G. Does the government encourage victims to assist in the
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 Women's Bureau or DNCW may be able to help a victim find
shelter.


I. Does the government provide any specialized training for

BRIDGETOWN 00000121 004 OF 005


government officials in identifying trafficking victims and
in the provision of assistance to trafficked victims,
including the special needs of trafficked children?

No.


J. Does the government provide assistance, such as medical
aid, shelter, or financial help, to its repatriated nationals
who are 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 Women's Bureau, as well as other involved government
agencies, are understaffed and under-funded to research and
combat trafficking in persons effectively. As there are no
documented cases at this time, there is little political will
to invest in anti-trafficking measures.

--------------
Para 30 - Prevention
--------------


5. (SBU)


A. Does the government acknowledge that trafficking is a
problem in the country?

No.


B. Are there, or have there been government-run
anti-trafficking information or education campaigns conducted
during the reporting period?

No.


C. What is the relationship between government officials,
NGOs, other relevant organizations and other elements of
civil society on the trafficking issue?

The Women's Bureau has a close working relationship with DNCW
on various gender issues. Together, these organizations are
slowly starting to raise awareness around potential
trafficking issues in Dominica.


D. Does the government monitor immigration and emigration
patterns for evidence of trafficking? Do law enforcement
agencies screen for potential trafficking victims along
borders?

No.


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?

No.


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?

No.


G. What measures has the government taken during the
reporting period to reduce the demand for commercial sex acts?

BRIDGETOWN 00000121 005 OF 005



None.


H. N/A


I. N/A
OURISMAN