TIP SUBMISSION - ST. KITTS AND NEVIS

UNCLAS BRIDGETOWN 000130

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 ASEC XL SC
SUBJECT: TIP SUBMISSION - ST. KITTS AND NEVIS

REF: STATE 2731


1. (U) As requested in reftel, below are Post's responses to
questions regarding St. Kitts and Nevis 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?

St. Kitts and Nevis is not a country of origin, transit, or
destination.


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).

There have been no changes in the situation since the last
TIP Report. SKN authorities remain vigilant of the potential
for trafficking in the Federation, but no evidence suggests
that any exists.


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

The Ministry of National Security.


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 Ministry of
National Security, has limited staff and resources at its
disposal. The police force has limited resources to devote
to tackling illegal prostitution and potential trafficking.
All organizations that are responsible for anti-trafficking
also suffer from a lack of experience and training in
handling these issues.


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

There is monitoring and screening on criminal activity in
general, but nothing particular to TIP.

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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
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?

There are no anti-trafficking in persons laws. Traffickers
could be prosecuted under immigration, prostitution, and/or
labor laws.


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 maximum penalty for rape is life imprisonment. Indecent
assault on a minor carries a maximum penalty of 10 years
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 is not a crime in St. Kitts and Nevis, and there
is no legislation covering the activities of prostitutes,
clients, or pimps. However, it is an offence for a home
owner to run a brothel or allow his/her house to be used a a
brothel, and the penalty is a fine. This law is rarely
enforced.


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?

Since trafficking does not appear to be a problem in St.
Kitts, the government does not currently work with other
governments on trafficking cases.


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.


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
peophiles has the government prosecuted or
deported/extradited to their country of origin?

There isno 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 not established such a system.


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

St. Kitts and Nevis does not have victim care facilities.


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?

The governemnt does not currently provide such funding or
support.


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, and
there is no formal system or screening process which can
readily identify TIP 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?

No victims have been detected.


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 government is limited in the amount of protection it can
provide for victims and witnesses. The government has no
shelters.


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 cognizant of the risk for TIP to become a
problem in the Federation, and remains vigilant in its
efforts to detect any possible TIP cases.


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

There are no government-sponsored anti-trafficking campaigns.


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

There is a good working relationship between government
officials and NGOs on promoting human rights; however, there
are no specific collaborations on TIP issues.


D. Does the government monitor immigration and emigration
patterns for evidence of trafficking? Do law enforcement
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?

There is no formal mechanism for collaboration across
agencies or departments within the government on TIP issues.
The Immigration Department is part of the police force under
the umbrella of the Ministry of National Security. From time
to time, the Ministry of Gender Affairs will coordinate with
the police force on issues of crimes against women.


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?

The government does not have a formal plan, but has made
efforts to educate its staff in immigration, the police
force, Gender Affairs, and Public Prosecutions, as well as
local nongovernmental organizations, to be aware of the
potential for trafficking in the Federation.


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

None. The only evidence that there is such demand was a 2008
study by the HIV/AIDS alliance, that estimated there are 400
casual sex workers (CSW) in the Federation.


H. N/A


I. N/A
OURISMAN