TIP SUBMISSION - BARBADOS

UNCLAS SECTION 01 OF 07 BRIDGETOWN 000163

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 - BARBADOS

REF: STATE 2731


1. (U) Below are Post's responses to questions regarding Barbados
for the annual Trafficking in Persons Report.

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Para 27 - Overview
--------------


2. (SBU)


A. Is the country a country of origin, transit, or destination for
internationally trafficked men, women, or children?

Evidence suggests that Barbados is a destination for trafficking,
and may be a source and transit country for trafficking as well.
According to the Government of Barbados, illegal migrants can be
vulnerable to human trafficking. The country has a number of strip
clubs and brothels, many of which are staffed by women from the
Dominican Republic and other Caribbean islands. In Bridgetown's red
light district, illegal migrants can be vulnerable to human
trafficking


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).

A new government came into power in mid-January, 2008, replacing a
government administration that was in power for more than 13 years,
and thus inheriting a trafficking problem that the previous
government-and current permanent civil service has been slow to
address. Orienting the new government on the issue and formulating
a new anti-TIP policy will take some time.

There was one report of a successful breakup of a human trafficking
ring in the Caribbean, which included Barbados. In March, Regional
Security Service (RSS) forces dismantled a human trafficking ring
destined for Barbados, which involved victims of human trafficking
as young as 13 and 14 years old. The Royal Canadian Mounted Police
senior liaison officer for the region confirmed that the principal
organizers of the ring were from Barbados and Guyana while the
number of the girls originated from China and Russia, as well as
from throughout the region. Some of the girls were stopped by law
enforcement agencies at border points and were immediately
deported.

The Barbados Government promised to conduct a survey on the
incidence of Human Trafficking in Barbados during the fiscal year
2008-2009.

In the case of the 14 Indian workers who were trafficked to Barbados
at the end of 2005, Surendra Babu was charged as arepresentative of
the construction Larsen and Toubro for employing 14 people from
October 3 to November 9, 2005, who were not citizens, permanent
residents or immigrants. In addition, no work permits had been
granted for engagement or employment at Kensington Oval (a cricket
stadium). The case was successfully prosecuted and the company was
fined $1,000 (BDS$2,000). The Director of Public Prosecutions tried
to levy heavier punishment, but his case was weakened by the fact
that the company sent the workers home before they could assist with
the investigation. (Note: Larsen and Toubro were awarded the
general contract for the Kensington Redevelopment Project and
granted permission to bring in Indian labor. Cricket World Cup
(CWC) 2007 ran from March 11 to April 28, 2007. End Note.)

The December 8, 2006, edition of the Barbados daily "The Nation"
reported that Barbadian racecar driver Geoffrey Ullyett was accused
of living off the proceeds of prostitution. He was charged for
"exercising control of movement" of Ukrainians Olha
Sheherbakova and Anzhela Pantelo in a way that showed that he aided
and abetted prostitution. He was also charged in another district
court of stealing the passports of the Ukrainians. The magistrate
later dropped the charges and Ullyett was acquitted due to the fact
that the government had deported immediately the two Ukrainians and
other key witnesses.


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

A new government came into power in mid-January, 2008, replacing a
government administration that was in power for more than 13 years,
and thus inheriting a trafficking problem that the previous
government-and current permanent civil service has been slow to
address. Orienting the new government on the issue and elaborating
a new anti-TIP policy will take some time.

The government has no formal screening mechanism to identify

BRIDGETOWN 00000163 002 OF 007


potential trafficking victims, and therefore immediately deports
foreigners that are alleged to be criminals and/or undocumented.
During the year, the Immigration Department deported a total of 258
persons for unspecified immigration violations, the majority of whom
were from Guyana (129),followed by Jamaica (67),and Saint Vincent
and the Grenadines (24). Trafficking victims were often treated as
criminals and deported after being held only temporarily for
questioning. The government has very limited resources with which to
address trafficking. Understaffed law enforcement agencies have
limited training in exploring the links between illegal prostitution
and potential trafficking. The legal system is equally trapped with
a huge caseload and not enough prosecutors to handle the backlog.
Other government agencies, however, such as the Bureau of Gender
Affairs, Ministry of Foreign Affairs, and Immigration, have
participated in several regional trainings, which have shown these
linkages. Barbados faces many challenges as a small island
developing State with limited financial and human resources and
myriad competing claims on these resources. In spite of this,
however, assistance can be accessed through public social service
agencies for all victims of crime be they Barbadian or foreign
nationals. Additional assistance is also available through
organizations such as the IOM and its Global Emergency Fund as well
as local Non-governmental organizations (NGOs) in Barbados.


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

A number of government agencies are involved in anti-trafficking
efforts in Barbados. These include the Immigration Department, the
Customs and Excise Department, the Royal Barbados Police Force, the
Labour Department, the Welfare Department, the Child Care Board and
the Bureau of Gender Affairs.

The Bureau of Gender Affairs is the agency which has taken the lead
in combating Trafficking in Persons. This resulted from the Meeting
of the Principle Delegates of the Inter-American Commission on Women
(CIM) in October 2002, when the Minister of Social Transformation of
Barbados gave his commitment to lead the process to combat
trafficking in persons and requested the Bureau of Gender Affairs to
lead the process.

--------------
Para 28 - Prevention
--------------


3. (SBU)


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

Although the Government of Barbados recognizes that trafficking is a
problem internationally, its official response has been that there
is no indication it is a problem specifically in Barbados, despite
evidence to the contrary. However, after a series of high-profile
cases involving 14 Indian laborers brought in to work on
infrastructure for Cricket World Cup and a recent arrest of a
Barbadian racecar driver on pimping charges involving two Ukrainian
women, the government is beginning to acknowledge that a limited
amount of trafficking may be occurring.


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

A number of government agencies are involved in anti-trafficking
efforts in Barbados. These include the Immigration Department, the
Customs and Excise Department, the Royal Barbados Police Force, the
Labour Department, the Welfare Department, the Child Care Board and
the Bureau of Gender Affairs.

The Bureau of Gender Affairs is the lead agency in combating
Trafficking in Persons. This resulted from the Meeting of the
Principle Delegates of the Inter-American Commission on Women (CIM)
in October 2002, when the Minister of Social Transformation of
Barbados gave his commitment to lead the process to combat
trafficking in persons and requested the Bureau of Gender Affairs to
lead the process.


C. Are there, or have there been government-run anti-trafficking
information or education campaigns?

The Bureau of Gender Affairs collaborated with the Business and
Professional Women's Club of Barbados to sensitize government
agencies on the differences between smuggling and trafficking, the
importance of referral mechanisms and working with civil society
groups, and the importance of implementing a trafficking specific
protocol and legislation to better target their efforts.


BRIDGETOWN 00000163 003 OF 007


Government researchers carried out research in the Caribbean on the
situation of trafficking of women and girls to begin the process of
data collection as a result of IOM training on the topic.

In 2007, the Bureau of Gender Affairs organized public fora to raise
awareness of TIP. These programs were held in prominent public
areas such as Heroes' Square in downtown
Bridgetown and Oistins fish market. The programs were aimed at
potential victims of trafficking and were geared towards raising
public awareness.

The Bureau of Gender Affairs facilitated the hosting of two
workshops in collaboration with regional/international organisations
- a one day workshop in June 2004 and a two day workshop in November

2004. The participants included stakeholders with a role to play in
combating the problems of trafficking in persons (UN agencies,
Government agencies such as the Police, Immigration, Child Care
agencies, Women's groups and NGOs).


D. Does the government support other programs to prevent
trafficking?

The government runs a variety of programs aimed at building self
worth in women and recognizing and preventing domestic violence. In
addition to a shelter for battered women, there are gender and
equity programs.


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

NGOs and civil society are involved in a coalition of 15
governmental and non-governmental organizations committed to
combating trafficking in persons. The relationship is
cooperative.


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

While the government has no anti-TIP specific system to monitor
human trafficking, officials do monitor illegal immigration and have
fully cooperated with international law enforcement bodies to
identify and track migration to and through Barbados. However,
Immigration authorities are still in the beginning stages of
identifying potential victims of human trafficking and those who
traffic them. In addition, the government has provided human,
material, and financial resources - in cooperation with the United
States - for the Advanced Passenger Information System, which checks
the criminal backgrounds and migration history f individuals
traveling to or through Barbados bfore they depart their countries
of origin.

G Is there a mechanism for coordination andcommunication 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?

A local Coalition against Trafficking in Persons was established
with the Bureau of Gender Affairs providing secretariat services.
Members of the coalition included representatives from the Bureau of
Gender Affairs, the Ministry of Labour, the Barbados Tourism
Authority, the Police Force, the Barbados Workers' Union, the Child
Care Board, the National Organisation of Women, the Barbados
Association of Non-Governmental Organisations, the Barbados Family
Planning Association, the Men's Educational Support Association, the
National Task Force on Crime Prevention, the Barbados Christian
Council and the Business and Professional Women's Club.

The coalition has a two-fold purpose - it served to bring awareness
of the issue of trafficking in persons to its members and it also
utilized their combined knowledge to develop effective strategies
for the dissemination of information on the phenomenon. An
island-wide information campaign was planned and executed during the
latter months of 2005. This included public presentations,
television interviews, radio shows, newspaper articles, brochures,
fliers and infomercials.

The government has established a coalition with NGOs as a
coordination mechanism for new information and implementation of
advocacy programs writ large. Within the government, the
Immigration Department, Ministry of Foreign Affairs, the Customs and
Excise Department, the Royal Barbados Police Force, the Labour
Department, the Welfare Department, the Child Care Board and the
Bureau of Gender Affairs have established an anti-TIP working group

BRIDGETOWN 00000163 004 OF 007


with the Bureau of Gender Affairs as the lead agency. The Bureau of
Gender Affairs is the lead agency in combating Trafficking in
Persons. This resulted from the Meeting of the Principle Delegates
of the Inter-American Commission on Women (CIM) in October 2002,
when the Minister of Social Transformation of Barbados gave his
commitment to lead the process to combat trafficking in persons and
requested the Bureau of Gender Affairs to lead the process.


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 government does not currently have a national plan of action for
trafficking in persons, but drafted a protocol for anti-TIP action,
which the Bureau of Gender Affairs has shared with other government
agencies.

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Para 29 - Investigations and Prosecutions of Traffickers
-------------- --------------


4. (SBU) Questions A, B, C, D, and E

Barbados does not have legislation which speaks to the offence of
trafficking in persons per se. However, there are several pieces of
legislation which address conduct that may amount to the offence of
trafficking in persons. Further, it should be noted that section 14
of the constitution of Barbados provides that no persons shall be
held in slavery or servitude and no persons shall be required to
perform forced labour.

The Sexual Offences Act, Cap. 154 and the Offences Against the
Person Act, Cap. 141 address conduct which may amount to trafficking
in persons both for sexual and non-sexual purposes.

Sections 33 and 34 of the Offences Against the Person Act speak to
the crime of slavery. However, sections 30 and 31 of the mentioned
Act should be noted as they speak to the respective crimes of
kidnapping, abduction and wrongfully concealing a person and such
conduct may be used to facilitate slavery.

Part I of the Sexual Offences Act, which makes provisions for what
amounts to a sexual offence, should be noted as these offences may
be similar to what amounts to an offence of trafficking in persons
for sexual purposes or conduct that facilitates the offence of
trafficking in persons for sexual purposes.

Barbados has enacted no relevant new legislation since the last TIP
report. The Immigration Act, Cap. 190 may also be utilised to assist
with the prosecution of persons who have committed offences which
may amount to trafficking in persons.

The laws cover conduct which may amount to internal and external
forms of trafficking in persons.

There are other laws used in relation to cases which may amount to
trafficking in person cases. These include the following Acts: the
Extradition Act, Cap. 189; and the Immigration Act, Cap. 190.

Other relevant laws include: Extradition Act, Cap. 189 (criminal
law); Immigration Act, Cap. 190 (criminal law); Offence Against the
Person Act, Cap. 141 (criminal law) Sexual Offences Act, Cap.154
(criminal law); the Constitution of Barbados (civil law).

Under the Sexual Offences Act the penalties for conduct which may
amount to trafficking in persons for sexual exploitation include
imprisonment or fines or both. The penalty for rape is up to life
imprisonment. The penalty for sexual assault is up to five years in
prison.

Under the Offences Against the Person Act the penalties for conduct
which may amount to trafficking in persons for labour include
imprisonment or fines or both.

Under domestic legislation the actions described (confiscating
workers' passports etc.) may amount to the detention of a person
against his will as a slave and therefore sections 44 and 45 of the
Offences Against the Person Act and section 14 of the Constitution
of Barbados would apply.

There is no specific provision in Barbados' domestic legislation
that addresses trafficking for commercial sexual exploitation per
se. Under the Sexual Offences Act the penalty for the offence of
rape, on conviction, is imprisonment for life (section 3). Under
this act reference is also made to the offence of indecent assault -
the penalty for the offence of indecent assault, on conviction, is

BRIDGETOWN 00000163 005 OF 007


imprisonment for 5 years,

Prostitution is illegal in Barbados. The Sexual Offences Act
criminalises the act of prostitution. Section 19 (1)(a) provides
that a person who lives wholly or partially on the earnings of
prostitution is guilty of an offence. Section 19 (1)(b) provides
that where a person in any place solicits for immoral purposes that
person is guilty of an offence and is liable on summary conviction
to imprisonment for a term of five years or to a fine of $5000 or
both.

Section 18 of the Sexual Offenses Act establishes that where a
person: a) keeps or manages or acts or assists in the management of
a brothel; b) is a tenant, lessee, occupier or person in charge of
any premises, who knowingly permits the premises or any part of the
premises to be used as a brothel or for the purposes of
prostitution; or c) is a landlord or lessor or the agent of the
landlord or lessor who lets any premises or part of the premises for
the purposes of a brothel. That person is guilty of an offence and
is liable on summary conviction to imprisonment for a term of five
years or to a fine of $5000 or both.

Section 7 of the Juvenile Offenders Act, Cap.138 addresses the age
of criminal responsibility in Barbados and it states: "Sections 8
and 9 shall not render punishable for an offence any child who is
not, in the opinion of the court, above the age of 11 years and of
sufficient capacity to commit a crime."


F. Has the government prosecuted any cases against traffickers?

Larsen and Toubro was successfully prosecuted and the company was
fined $1,000 (BDS$2,000). The Director of Public Prosecutions tried
to levy heavier punishment, but his case was weakened by the fact
that the company sent the workers home before they could assist with
the investigation.

The magistrate dropped the charges and acquitted Geoffrey Ullyett of
charges of living off the proceeds of prostitution and "exercising
control of movement" of Ukrainians Olha Sheherbakova and Anzhela
Pantelo, because the government immediately deported the two
Ukrainians and other key witnesses.


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?

There are reports of small time, high-end traffickers. Another type
appears to be companies that are bringing in large numbers of
laborers to work in Barbados' booming construction industry. A
large number of these workers would probably be better classified as
smuggled as opposed to trafficked.


H. Does the government actively investigate cases of trafficking?
(Again, the focus should be on trafficking cases versus migrant
smuggling cases.)

Barbados is the Chair of and 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 RSS recently
investigated and dismantled a human trafficking network victimizing
children as young as 13 who were trafficked from China and Russia,
as well as from throughout the region.


I. Does the government provide any specialized training for
government officials in how to recognize, investigate, and prosecute
instances of trafficking?

Some government officials have been trained on the topic of
trafficking writ large, but not specific to identifying, prosecuting
traffickers, and protecting victims.


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?

In March, Regional Security Service (RSS) forces worked with the
Royal Canadian Mounted Police to dismantle a human trafficking ring
destined for Barbados, which involved victims of human trafficking
as young as 13 and 14 years old. The government has also fully
cooperated with international law enforcement to identify and track
migration to and through Barbados. However, Immigration authorities
are still in the beginning stages of identifying potential victims
of human trafficking and those who traffic them. In addition, the
government has provided human as well as limited material and

BRIDGETOWN 00000163 006 OF 007


financial resources - in cooperation with the United States - for
the Advanced Passenger Information System, which checks the criminal
backgrounds and migration history of individuals traveling to or
through Barbados before they depart their countries of origin.


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 of individuals charged
with trafficking in other countries.


L. Is there evidence of government involvement in or tolerance of
trafficking, on a local or institutional level?

No.


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.

No concrete evidence to date of government participation.


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?

In March, Regional Security Service (RSS) forces dismantled a human
trafficking ring destined for Barbados, which involved victims of
human trafficking as young as 13 and 14 years old. The Royal
Canadian Mounted Police senior liaison officer for the region
confirmed that the principal organizers of the ring were from
Barbados and Guyana while the number of the girls originated from
China and Russia, as well as from throughout the region.


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 May 8, 1967.

b. ILO Convention 29 and 105 on Forced or Compulsory Labor:
Ratified October 23, 2000.

c. The Optional Protocol to the Convention on the Rights of the
Child (CRC) on the Sale of Children, Child Prostitution, and Child
Pornography: Did not sign or ratify.

d. The Protocol to Prevent, Suppress and Punish Trafficking in
Persons, especially Women and Children, supplementing the UN
Convention Against Transnational Organized Crime: Signed September
26, 2001.

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Para 30 - Protection and Assistance to Victims
-------------- -


5. (SBU)


A. Does the government assist victims, for example, by providing
temporary to permanent residency status, relief from deportation,
shelter and access to legal, medical and psychological services?

Victims are normally deported for immigration violations before any
services can be provided or ability to assist in prosecutions.
Without anti-TIP legislation the Immigration Department is legally
bound to detain and deport.


B. Does the government provide funding or other forms of support to
foreign or domestic NGOs for services to victims?

There is women's shelter operated by the Business and Professional
Women's Club, which is partially supported by a government
subvention. Foreign nationals in need of social services have the
same access to government-provided services as Barbadians.


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?


BRIDGETOWN 00000163 007 OF 007


The GOB does no screening for potential TIP victims.


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?

Undocumented foreigners are generally treated as criminals and
expeditiously deported. If a victim is foreign, without the proper
legal documentation, s/he would most likely be immediately deported.
Without anti-TIP legislation the Immigration Department is legally
bound to detain and deport.


E. Does the government encourage victims to assist in the
investigation and prosecution of trafficking?

Undocumented foreigners are generally treated as criminals and
expeditiously deported. If a victim is foreign, without the proper
legal documentation, s/he would most likely be immediately
deported.


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?

(See answers to question B above)


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?

The Bureau of Gender Affairs collaborated with the Business and
Professional Women's Club of Barbados to sensitize government
agencies on the differences between smuggling and trafficking, the
importance of referral mechanisms and working with civil society
groups, and the importance of implementing a trafficking specific
protocol and legislation to better target their efforts.

The International Organization for Migration (IOM) has been
conducting seminars and training for the past couple of years that
are attended by government officials from a variety of social
welfare and law enforcement agencies.


H. Does the government provide assistance, such as medical aid,
shelter, or financial help, to its repatriated nationals who are
victims of trafficking?

(See answers to questions B and F above)


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.

(See answers to questions 3B, C and G. Also 5 B.)

OURISMAN