TIP SUBMISSION - ANTIGUA AND BARBUDA

UNCLAS SECTION 01 OF 06 BRIDGETOWN 000162 SIPDIS SENSITIVE SIPDIS STATE FOR G/TIP, G, INL, DRL, PRM, AND WHA/CAR STATE PASS TO USAID/LAC/CAR-RILEY E.O. 12958: N/A TAGS: KCRM ELAB KFRD ASEC KWMN PHUM PREF SMIG BB XL SUBJECT: TIP SUBMISSION - ANTIGUA AND BARBUDA REF: STATE 2731 ¶1. (U) Below are Post's responses to questions regarding Antigua and Barbuda for the annual Trafficking in Persons Report. -------------- Para 27 - Overview -------------- ¶2. (SBU) ¶A. Is the country a country of origin, transit, or destination for internationally trafficked men, women, or children? Antigua and Barbuda is a destination point for victims of Trafficking in Persons (TIP) from the Dominican Republic, Guyana, and Jamaica. ¶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). According to the Director of Gender Affairs, two community activists from the Dominican Republic, a medical doctor, and several taxi operators, there are four main brothels that operate in Antigua, where women from the Dominican Republic are prostituted. In addition, there are private residences that operate as brothels. Increasingly, however, English-speaking women from Guyana and Jamaica are being recruited. According to a UNHCR source, women are also recruited in the Dominican Republic to work as maids in Antigua. In almost all of these environments, government sources and community advocates agreed that it is possible that up 100 cases could exist within a given year, either on a permanent or rotational basis, where the women's travel documents are taken and are forced to pay off their debt to a trafficker. However, there is no concrete evidence to suggest a specific number. ¶C. What are limitations on the government's ability to address this problem in practice? There is clear recognition and strong will from the Directorate of Gender Affairs and other GOAB agencies that form the GOAB Anti-TIP Working Group. However, law enforcement and immigration do not yet have the appropriate training, funding, and other necessary mechanisms to follow up on the Working Group's request to investigate suspected cases of sexual and domestic servitude. There is widespread public distrust for the Royal Antigua and Barbuda Police Force and popular perception that it is a corrupt and inadequate institution. The Commissioner and her deputy were recently fired and replaced with former Canadian law enforcement officials to improve the RAPF. Brothels are periodically raided when the government comes under pressure from church groups. Women without documentation are deported for immigration violations before they can have access to services or assist with the prosecution of a trafficking case. ¶D. To what extent does the government monitor its anti-trafficking efforts? The GOAB Anti-TIP Working Group monitors its anti-trafficking efforts on a monthly basis, sharing information on suspected trafficking cases and formulating strategies to address the problem. -------------- Para 28 - Prevention -------------- ¶3. (SBU) ¶A. Does the government acknowledge that trafficking is a problem in the country? Yes, with the exception of some members of immigration and law enforcement, almost all of the GOAB's government institutions are aware of the trafficking problem. ¶B. Which government agencies are involved in anti-trafficking efforts and which agency, if any, has the lead? The GOAB formed the National Coalition Against Trafficking in Persons, which is made up of the Ministries of Social Welfare, Social Transformation, Health, Labor and Gender Affairs, Immigration, and the Royal Antigua and Barbuda Police Force as well as various civil society groups, NGOs, and community activists and advocates. Each agency is represented by a TIP focal person on a monthly basis to share information and formulate cooperative efforts BRIDGETOWN 00000162 002 OF 006 to address the problem. ¶C. Are there, or have there been, government-run anti-trafficking information or education campaigns? The government has provided education and awareness campaigns in the form of brochures and radio spots. These campaigns have been bilingual in many instances to reach the Spanish-speaking population in Antigua. ¶D. Does the government support other programs to prevent trafficking? No. ¶E. What is the relationship between government officials, NGOs, other relevant organizations and other elements of civil society on the trafficking issue? The GOAB National Coalition Against Trafficking in Persons appears very concerned about TIP and works very well with regional and local NGOs, religious representatives and community advocates to better organize their efforts and outreach. ¶F. Does the government monitor immigration and emigration patterns for evidence of trafficking? Do law enforcement agencies screen for potential trafficking victims along borders? Antigua and Barbuda contributes staff and other resources to the Regional Security Service (RSS),a coalition of top-level police, customs, immigration, military, and Coast Guard representatives from across the Caribbean. The GOAB also provided some human and material resources to assist with the Advanced Passenger Information System (APIS),which runs background criminal history checks on travelers before they depart their countries of origin. Through this region-wide network, law enforcement agencies share information, which leads to investigations and detainment of suspected criminals once they arrive at immigration and customs. ¶G. 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 GOAB formed the National Coalition Against Trafficking in Persons, which is made up of the Ministries of Social Welfare, Social Transformation, Health, Labor and Gender Affairs, Immigration, and the Royal Antigua and Barbuda Police Force as well as various civil society groups, NGOs, and community activists and advocates. The Coalition is coordinated by the Directorate of Gender Affairs, and meets at the end of every month to discuss suspected cases, formulate strategies to address them, and follow up with law enforcement to conduct investigations. ¶H. 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 National Coaltion has a national action plan that focuses on educating immigrants, the general public, and frontline workers on human trafficking; establishes a spokesperson to represent the Coalition; combining outreach and protection efforts with the Gender Affairs crisis hotline; and creating a legislative review of anti-TIP laws and statutory instruments in Antigua and Barbuda; share information and cooperate with law enforcement investigations. NGOs, religious groups, and community advocates were consulted and take part in the monthly meetings. The plan is transparent and shared with any person who assists in anti-TIP efforts. -------------- -------------- Para 29 - Investigations and Prosecutions of Traffickers -------------- -------------- ¶4. (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 laws against trafficking in persons. Violators could be prosecuted under immigration, prostitution, or labor laws. Under BRIDGETOWN 00000162 003 OF 006 the Immigration and Passport Act, if an immigration officer suspects that a person is coming into the country to behave in the manner of a prostitute the officer has the authority to refuse entry. Normally, undocumented foreigners are deported immediately. ¶B. What are the 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? There are no specific penalties for traffickers of people for labor exploitation. They could, however, face penalties for immigration and labor violations. Immigration violations could lead to deportation of both victim and trafficker. The constitution prohibits forced or compulsory labor, including by children, and there were no reports that such practices occurred. The law stipulates a minimum working age of 16 years, which corresponds with the provisions of the Education Act. In addition persons under 18 years of age must have a medical clearance to work and may not work later than 10 p.m. The Ministry of Labor, which is required by law to conduct periodic inspections of workplaces, effectively enforced this law. The labor commissioner's office also had an inspectorate that investigated exploitive child labor matters. The Labor Code provides that the minister of labor may issue orders, which have the force of law, to establish a minimum wage. The minimum wage was $2.26 (EC$6.00) an hour for all categories of labor, which provided a barely adequate standard of living for a worker and family. In practice the great majority of workers earned substantially more than the minimum wage. ¶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 ranges from 10 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 is illegal under Antiguan law. Although members of the National Coalition Against Trafficking request assistance from the police and immigration, it is not yet a priority for law enforcement. ¶F. Has the government prosecuted any cases against traffickers? No. ¶G. Is there any information or reports of who is behind the trafficking? For example, are the traffickers freelance operators, small crime groups, and/or large international organized crime syndicates? Currently, the traffickers are mix between well financed businessmen from the Dominican Republic and Antiguan citizens acting as pimps and brothel owners. ¶H. Does the government actively investigate cases of trafficking? (Again, the focus should be on trafficking cases versus migrant smuggling cases.) The National Coalition focuses on TIP, but most members of law enforcement and immigration do not. Smuggling cases, which involve BRIDGETOWN 00000162 004 OF 006 economic migrants from Jamaica and Haiti, are receiving increased attention from the government. ¶I. Does the government provide any specialized training for government officials in how to recognize, investigate, and prosecute instances of trafficking? In February 2008, officials from the Royal Antigua and Barbuda Police Force took part in a OAS-sponsored seminar and workshop. In February 2007, the MFA and Immigration Department took part in International Organization for Migration (IOM) and UN-sponsored training. None of these trainings were funded by the GOAB. ¶J. 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? The GOAB cooperates with other Caribbean countries via the Gender Affairs Unit at the CARICOM Secretariat in Georgetown, Guyana. In 2003, Antigua and Guyana cooperated with the Government of Guyana to assist a minor who was forced into domestic and sexual servitude. The trafficker was subsequently tried and convicted under the Sex Offenses Act. ¶K. 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? There have been no requests for extradition. ¶L. Is there evidence of government involvement in or tolerance of trafficking, on a local or institutional level? The Royal Antigua and Barbuda Police Force was forced to change its leadership based on evidence of corruption and the widespread distrust and dissatisfaction of the behavior and operations of many of its officers. ¶M. 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 is no evidence that government officials are involved in trafficking. The GOAB fired its Commissioner of Police and her deputy, and replaced them with former Canadian law enforcement to improve operations and transparency more generally, but this was not specifically related to trafficking issues. ¶N. 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 have been no reports of child sex tourism in Antigua. ¶O. Has the government signed, ratified, and/or taken steps to implement the following international instruments? Please provide the date of signature/ratification if appropriate. a. ILO Convention 182 concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labor: Ratified September 2002. b. ILO Convention 29 and 105 on Forced or Compulsory Labor: Ratified February 1983. c. The Optional Protocol to the Convention on the Rights of the Child (CRC) on the Sale of Children, Child Prostitution, and Child Pornography: Ratified April 30, 2002. d. The Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, supplementing the UN Convention Against Transnational Organized Crime: Not a party to the Protocol. -------------- - Para 30 - Protection and Assistance to Victims -------------- - ¶5. (SBU) ¶A. Does the government assist victims, for example, by providing BRIDGETOWN 00000162 005 OF 006 temporary to permanent residency status, relief from deportation, shelter and access to legal, medical and psychological services? The Directorate of Gender Affairs has recruited Spanish-speaking volunteers to assist with several cases of suspected abuse of Dominican Republic nationals. Funding is provided to the Gender Affairs Directorate to coordinate the work of the Anti-TIP Coalition, as well as cover multiple services to victims of domestic abuse, rape, and other forms of violence and exploitation. However, most victims, if discovered by immigration and/or the police, are generally arrested or detained for immigration violations and are expeditiously deported. ¶B. Does the government provide funding or other forms of support to foreign or domestic NGOs for services to victims? Other than general funding for the social services operations of the Gender Affairs Directorate, the GOAB has not allocated funding toward anti-TIP specific protection services. However, these social services can be and have been provided to TIP victims. Other NGOs provide services such as health screening and assistance in repatriation. ¶C. Do the government's law enforcement and social services personnel have a formal system of identifying victims of trafficking among high-risk persons with whom they come in contact? The GOAB does not conduct screening for potential TIP victims. The Gender Affairs Directorate and the National Coalition Against Trafficking in Persons is able to identify TIP victims as well as suspected cases of trafficking, and modifies their efforts accordingly. ¶D. Are the rights of victims respected, or are victims treated as criminals? Are victims detained, jailed, or deported? 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? Victims are treated with compassion and respect by the Gender Affairs Directorate and affilitated NGOs, community advocates, nd religious representatives. However, they ar treated as undocumented criminals by many in th police force and immigration. ¶E. Does the govrnment encouragevictims to assist in the investgation and prosecution of trafficking? No. Victms are generally deported before they can assist i investigations or prosecutions. ¶F. 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 GOAB and National Coalition members lack the resources to establish a permanent shelter that could protect and provide anonymity for victims, due to the size of the country. Therefore, the Gender Affairs Directorate established "Emergency Safe Havens," where the victims' location can be hidden from their victimizers. This innovative safe haven network consists of locations provided by businesses, churches, clinics, and individuals. ¶G. Does the government provide any specialized training for government officials in recognizing trafficking and in the provision of assistance to trafficked victims, including the special needs of trafficked children? (See answer to question 4-I) ¶H. Does the government provide assistance, such as medical aid, shelter, or financial help, to its repatriated nationals who are victims of trafficking? Through the GOAB's Directorate of Gender Affairs, victims of trafficking have benefitted from various legal, health, advocacy, and crisis services. ¶I. 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. BRIDGETOWN 00000162 006 OF 006 Organizations that work with trafficking victims are the Caribbean Conference of Churches, Caribbean International HIV/AIDS Alliance, Population Services International, and the Red Cross. UNHCR provides medical assistance and help with repatriation. Cooperaton from police and immigration needs serious improvement. In addition, the GOAB should provide increased funding to its Gender Affairs Directorate and the National Coalition Against Trafficking in Persons, as both have proven track records as the most effective and knowledgeable institutions to prevent trafficking, identify cases and protect victims. OURISMAN