Identifier
Created
Classification
Origin
09BELMOPAN66
2009-02-19 21:39:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Belmopan
Cable title:  

BELIZE - NINTH ANNUAL TRAFFICKING IN PERSONS (TIP) REPORT

Tags:  PHUM KTIP ELAB KCRM KFRD KWMN PGOV PREF SMIG BH 
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RR RUEHGR
DE RUEHBE #0066/01 0502139
ZNR UUUUU ZZH
R 192139Z FEB 09
FM AMEMBASSY BELMOPAN
TO RUEHC/SECSTATE WASHDC 1676
RUEHZA/WHA CENTRAL AMERICA COLLECTIVE
RUCNCOM/EC CARICOM COLLECTIVE
RHMFIUU/DEPT OF JUSTICE WASHINGTON DC
RHMFIUU/DEPT OF HOMELAND SECURITY WASHINGTON DC
RUEHC/DEPT OF LABOR WASHDC
RUEATRS/DEPT OF TREASURY WASHDC
UNCLAS SECTION 01 OF 10 BELMOPAN 000066 

SENSITIVE

SIPDIS

DEPT FOR G/TIP (FLECK),G-ACBLANK, INL, DRL, PRM, WHA/PPC, WHA/CEN
(CHRISTOPHER ASHE)

E.O. 12958: N/A
TAGS: PHUM KTIP ELAB KCRM KFRD KWMN PGOV PREF SMIG BH
SUBJECT: BELIZE - NINTH ANNUAL TRAFFICKING IN PERSONS (TIP) REPORT

REF: A) 08 STATE 132759, B) STATE 5577

This cable is sensitive but unclassified.

UNCLAS SECTION 01 OF 10 BELMOPAN 000066 SENSITIVE SIPDIS DEPT FOR G/TIP (FLECK),G-ACBLANK, INL, DRL, PRM, WHA/PPC, WHA/CEN (CHRISTOPHER ASHE) E.O. 12958: N/A TAGS: PHUM KTIP ELAB KCRM KFRD KWMN PGOV PREF SMIG BH SUBJECT: BELIZE - NINTH ANNUAL TRAFFICKING IN PERSONS (TIP) REPORT REF: A) 08 STATE 132759, B) STATE 5577 This cable is sensitive but unclassified. ¶1. (U) Responses are keyed to reporting questions in (paras 23-25) in ref A. -------------- The Country's TIP Situation -------------- 23A. (SBU) Belize is a transit and destination country for internationally trafficked men, women, and children. Trafficking occurs within the country's borders primarily in the form of "sugar daddies" - adult men who engage in sexual activity with pre-teen and teenage girls in exchange for money or gifts, often with the consent of the girls' parents. In November 2006 Belize, through an ILO/IPEC study, acknowledged that the commercial sexual exploitation of children does exist within its borders. Although the Government of Belize (GOB) has maintained statistics on trafficking in persons since 2003, the records are sparse. The GOB's Anti-Trafficking in Persons Committee (A-TIP) has taken the lead to see that more thorough records are maintained. The Police Department's Joint Information Coordinating Center (JICC) is responsible for gathering intelligence from other agencies like Customs and Immigration and collecting TIP data. A-TIP embarked on an initiative to improve its data collection capacity by working with JICC on a new form for recording cases by frontline agencies. A-TIP expects this system to help identify patterns. In 2008, there were two new cases of suspected trafficking reported. This resulted in the identification of 70 trafficking victims (65 related to a single case). Trafficking, when compared to alien smuggling, is a small problem in Belize. Most non-governmental organizations recognize that the problem exists, but their limited resources have prevented them from addressing it effectively. In 2006, the GOB's Anti-Trafficking in Persons Committee became the focal point for all government anti-TIP activities in the country. In September 2007, the U.S. Embassy awarded a USD 80,735 INCLE grant to the Ministry of Human Development to assist with training programs and refurbishment of the trafficking shelter. The refurbishment has been completed and the Ministry is planning nationwide training sessions and public awareness campaigns in 2009. Hard evidence of l
abor trafficking is difficult to obtain but is most likely to exist in the citrus and banana growing regions of the country. Although most agricultural workers come to Belize voluntarily, anecdotal evidence, noted by UNICEF and other NGOs in the past, indicates that some employers may withhold workers' passports or demand sexual favors. B and C. The origins and composition of trafficking victims have changed since the last report. Sixty-five Nepalese dam workers employed by a Chinese company to build a hydro-electric dam were allegedly trafficked into the country. One case involving five Indian victims was also reported, however, indications suggest that this appears to be only a labor dispute. Commercial sex workers (CSWs) continue to come to Belize; most women work as bar waitresses and are given lodging by the bar owners. After several weeks of legitimate waitress work, some of the women are asked to provide sexual services to the patrons. According to interviews with NGOs, most women are provided with a choice, although there is anecdotal evidence that when some refuse, they are threatened with deportation. In some cases, the bar owners take possession of the women's passports under the pretext of safeguarding them in case of a police raid. The "sugar daddy" phenomenon continues with school girls encouraged by their parents to engage in sexual relations with older men as a way to pay for school books, uniforms, or other expenses. ¶D. There are no particular groups that are targeted for trafficking through or to Belize. The victims identified by the tripartite team (Department of Immigration, Police Department, and Department of Human Services) during the year have been mostly men from India and Nepal. ¶E. There is no reliable information pointing to who is behind trafficking in Belize. Anecdotal evidence suggests that most are freelance operators or members of a loose network of taxi drivers and brothel owners. There is no evidence of employment, travel, or tourism agencies, or marriage brokers fronting for traffickers. BELMOPAN 00000066 002 OF 010 Post does monitor terrorism financing and money laundering, but to date we have no information about where TIP profits are being channeled. -------------- -- Setting the Scene for the Government's Anti-TIP Efforts -------------- -- 24A. (SBU) The A-TIP is vigilant in confronting possible cases of trafficking. However, the GOB and others who have studied the trafficking issue in-country believe human trafficking is not a significant problem in Belize. The GOB has pointed out that in the 2004 Petit study, trafficking was not considered a significant problem and in 2007, an IDB consultant wrote in his report that Belize's response to trafficking was advanced and that "this advanced state of response is all the more remarkable as the evidence of extant trafficking to, from, or through Belize is more than scant." ¶B. The government's Anti-Trafficking in Persons Committee (A-TIP), a multi-agency body, is tasked with coordinating and monitoring anti-trafficking activities executed by immigration, police and Human Services in Belize. The Committee comprises representatives from the Ministries of Human Development, Foreign Affairs, Home Affairs, the Attorney General's Office, the Department of Immigration and Nationality (DINS),the Belize Police Department, the Labor Department, the Customs Department, the Department of Public Prosecutions (DPP),the National Committee for Families and Children (NCFC),the Belize Tourism Board (BTB),the National Organization for the Prevention of Child Abuse and Neglect (NOPCAN), and Youth Enhancement Services (YES) and is the lead agency for the government's anti-trafficking efforts. The Chief Executive Officer for the Ministry of Human Development leads the Committee which monitors the movements of people within and outside Belize's borders for evidence of trafficking and screens for potential trafficking victims. Investigations are coordinated by the Anti-Trafficking in Persons Committee. A-TIP uses a tripartite approach: all trafficking investigations involve police, immigration officials, and social workers. Periodically, the Committee reported its activities to the Cabinet. In addition, the Committee reported approximately quarterly to Post. ¶C. Resources - both human and financial - continue to limit the government's ability to address TIP. Since June 2006, the government has provided training to police officers, immigration officials, and social workers. Members of A-TIP participated in several regional seminars and conferences relating to trafficking in persons. The Director of Immigration and Nationality Services made a presentation on the work of A-TIP at the annual IOM conference in December 2008. Another member of A-TIP attended a seminar on trafficking in Mexico to share best practices and experiences. While the government has increased its efforts to raise awareness and protect victims, prosecutions have been unsuccessful. Following are some of the institutional and bureaucratic challenges which the A-TIP Committee faces: (i) Change in government administration results in changes in upper level policy makers; this has meant that considerable time was spent during 2008 sensitizing Cabinet, in particular Ministers and Chief Executive Officers of key ministries such as National Security and Labor. (ii) A change in the Director of Public Prosecutions in 2008 meant, at times, differing legal opinions on cases. Change and staff shortage within this Office also extended timeframes for cases including human trafficking cases. (iii) Impact of natural disasters: Tropical Storm Arthur and Tropical Depression 16 caused personnel from the key stakeholder ministries, particularly Ministry of Human Development, to be occupied with relief and recovery duties from June to August and then from October to December. This delayed the public education component, as the plan was to develop new PSA's and conduct community workshops. Storms also delayed the work of Youth Enhancement Services, which conducted community workshops on behalf of the TIPS Committee. There were no successful prosecutions against traffickers during the reporting period. In August authorities charged a Chinese company contracted to build a hydrodam with five counts of withholding travel documents. The Immigration and Nationality Department provided temporary residence and work permits to allow several of the victims, who had been trafficked from Nepal, to stay in the BELMOPAN 00000066 003 OF 010 country. The judge dismissed the court case based on procedural issues including presentation of evidence and sequencing of witnesses. The Director of Public Prosecutions appealed the decision in October and the appeal awaits further legal action in the Supreme Court. Two cases reported in the media involved Indian nationals mistreating shop employees and withholding passports of five employees. One case currently being investigated appears to be a labor dispute case rather than a trafficking case according to A-TIP. The other case is being processed through the court system and has been adjourned to March 2009. UNICEF has in the past, described the country's judicial system as a "black hole", noting that TIP cases -- along with rape and sexual abuse cases -- are rarely prosecuted successfully. The majority of Supreme Court criminal cases involving sexual offenses resulted in acquittals or "nolle prosequi" (the prosecutor declines to proceed). One notable difficulty in prosecuting trafficking cases is the unwillingness of victims and witnesses to come forward to testify. Without their testimony, prosecutors have little evidence to pursue a case. The Trafficking in Persons (Prohibition) Act requires the prosecution of labor trafficking offenses such as the confiscation of workers' travel documents, the switching of contracts or employment terms without the worker's consent, the use of physical or sexual abuse or the threat of such abuse to keep workers in a state of service, or the withholding of salary as a means to keep workers in a state of service. According to the law, convicted traffickers must serve their entire sentence. ¶D. A-TIP has made great strides in organizing and providing training to immigration officials, police, and social workers over the last several years. However, despite the efforts of the Anti-Trafficking Committee, no one has been successfully prosecuted for trafficking though the government, the police, and social workers acknowledge the presence of trafficking in Belize. The GOB's Anti-Trafficking in Persons Committee (A-TIP) has taken the lead to see that more thorough records are maintained. The Police Department's Joint Information Coordinating Center (JICC) is responsible for gathering intelligence from other agencies like Customs and Immigration and collecting TIP data. A-TIP embarked on an initiative to improve its data collection capacity by working with JICC on a new form for recording cases by frontline agencies. A-TIP expects this system to help identify patterns. A-TIP coordinates the anti-trafficking activities executed by the frontline agencies, including monitoring the movements of people within and without Belize's borders for evidence of trafficking and screening for potential trafficking of victims, and the gathering of intelligence. While there is no public corruption task force, the government has appointed an ombudsman to investigate complaints against public officials and private citizens. However, no public officials have ever been prosecuted as a result of the ombudsman's inquiries. The government also maintains an Integrity Commission to oversee compliance with financial disclosure laws. -------------- Investigation and Prosecution of Traffickers -------------- 25A. (SBU) No new anti-trafficking legislation was enacted during the reporting period. The Trafficking in Persons (Prohibition) Act was enacted on June 23, 2003 and came into force on August 1, 2003. The law prohibits both sexual and non-sexual (including forced labor and the illicit removal of human organs) forms of trafficking. Because the Act also includes the text of the Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, it covers both national and transnational forms of trafficking. Belize laws prohibiting trafficking in persons include: Under the Criminal Code: carnal knowledge; rape; procurement; defilement by force or fraud or administration of drugs; assault and battery; unlawful imprisonment; child stealing; abduction; kidnapping; and forcible marriage. BELMOPAN 00000066 004 OF 010 Under the Labor Act: prohibition of forced labor; employment of women and children; and prohibition of night work. Under the Families and Children Act: child abuse; child neglect; and harmful employment. Under the Summary Jurisdiction (Offenses) Act: loitering for prostitution; keeping a brothel; and trading on prostitution. Laws that allow civil penalties against trafficking crimes include: The Trafficking in Persons (Prohibition) Act - restitution; The Act - fines; The Intoxicating Liquor Licenses (Amendment) Act - forfeiture of license; The Immigration Act - forfeiture of vehicle, vessel or aircraft; payment of costs of sending the victim outside of Belize; The Families and Children Act; The Summary Jurisdiction (Offenses) Act - determination of tenancy; and The Indictable Procedure Act - divesting of guardianship or custody. ¶B. Under the Trafficking in Persons (Prohibition) Act, an individual convicted of trafficking in persons for sexual exploitation can receive between one and five years in prison and/or a fine of USD 5,000. In addition, an individual convicted of transporting a person for the purpose of exploitation as a prostitute can receive a prison sentence of not less than three years. Further, the prison term may be extended to eight years when the number of persons transported exceeds five, when the persons transported include children, or when the transportation is part of the activity of a gang or organized criminal network. ¶C. The Trafficking in Persons (Prohibition) Act also prescribes and imposes penalties for labor trafficking offenses. The Act defines labor exploitation as: keeping a person in a state of slavery; subjecting a person to practices similar to slavery; compelling or causing a person to provide forced labor or services; or keeping a person in a state of servitude, including sexual servitude. The Act also provides for criminal punishment against any person who acts or purports to act as another's employer, manager, supervisor, contractor, employment agency or solicitor of clients and knowingly procures, destroys, conceals, removes, confiscates, or possesses any passport, birth certificate, immigration document or other governmental document belonging to another person. ¶D. Rape - including marital rape - carries a penalty of eight years to life imprisonment. Life imprisonment is mandated for habitual sex offenders. Note: the majority of rape convictions result in penalties far less than life imprisonment. End note. The Criminal Code of Belize does not define sexual assault, but categorizes any such assaults as aggravated assault, the penalty for which is two years imprisonment. The law further states that an indecent aggravated assault upon a female or child results in a three-year sentence. ¶E. There is presently one human trafficking case pending in court involving an Indian national who was arrested in June 2008. This case is in the Belize City Magistrate's court. In August authorities charged a Chinese company contracted to build a hydrodam with five counts of withholding travel documents. The Immigration and Nationality Department provided temporary residence and work permits to allow several of the victims, who had been trafficked from Nepal, to stay in the country. The judge dismissed the court case based on procedural issues including presentation of evidence and sequencing of witnesses. The Director of Public Prosecutions appealed the decision in October and the appeal awaits further trial in the Supreme Court. A police raid on a brothel in 2007 resulted in one charge of human trafficking for a Corozal bar owner after a 16-year-old Central American woman was found working as a prostitute. The case was dismissed in October 2008 when Department of Human Services staff interviewed the victim and found the woman worked willingly for the bar owner. In February 2007 two police officers were charged with human trafficking after eight illegal immigrants were found in a van driven by one of the officers. They were dismissed from the police department by a police disciplinary panel in 2007. A court dismissed their criminal case in June after the DPP determined the charges were incorrect; subsequent prosecution for alien smuggling BELMOPAN 00000066 005 OF 010 was barred by expiration of statute of limitations. ¶F. During the reporting period, specialized institutionalized training occurred on matters relating to human trafficking. The Police Academy has incorporated trafficking in persons as part of its curriculum for recruits. The Department of Human Services also has ongoing training for social workers in the area of victim assistance. Members of the Committee also participated in workshops internationally, in matters relating to anti-trafficking legislation and best practices. Through assistance from the Government of Belize, the Youth Enhancement Services, a member agency of the Anti-trafficking in Persons Committee, received a grant from the ILO for a pilot project on commercial sexual exploitation of children. The project included a training component on the identification of trafficking and CSEC victims. Two hundred frontline government workers and community workers were trained country-wide in 2008. YES also provided workshops for high school teachers around the country to educate them about CSEC and to urge them to become part of the solution to the problem. ¶G. The GOB did not receive any requests for cooperation from a foreign government concerning trafficking issues during the reporting period. However, Belize stands ready to cooperate with any requesting government in the investigation and prosecution of trafficking cases in accordance with the laws of Belize. The GOB did reach out to the Government of Mexico during the reporting period, and the GOM assisted in the repatriation of Belizean trafficking victims to Belize. The Government of Belize recognizes that trafficking in persons is a transnational crime and effective action to prevent and combat trafficking requires cooperation among governments. The GOB looks forward to working with neighboring countries to establish guidelines on how to cooperate more effectively and efficiently on these issues. Mechanisms currently in place to facilitate cooperation include a Mutual Legal Assistance Treaty between Belize and the United States, the Central American Regional Security Strategy, and the Regional Conference on Migration. ¶H. Whether the government of Belize is willing to extradite persons charged with trafficking in other countries is treaty-based. Currently the only country with which the GOB has such a treaty is the United States. During the reporting period (March 2008 to February 2009) Belize deported three Americans to the U.S. for sex crimes as follows: Mr. Ray Francis Gravely was deported on 26 March 2008; Mr. Dennis Fleming was deported on 28 April 2008; and Mr. Kevin Daniel Murphy was deported on 3 May 2008. I and J. To Post's knowledge, there have been no government investigations into allegations of official corruption or tolerance of trafficking, nor have there been any prosecutions or convictions. ¶K. The act of prostitution itself is neither legal nor illegal under Belize law. The government considers prostitution immoral but has yet to take steps to directly address it in the Criminal Code. Prostitutes are able to seek assistance from social workers who would apply the same screening process as for other potential trafficking victims. Other activities on the periphery of prostitution are illegal. For example, loitering by a common prostitute in any street or public place for the purpose of prostitution is illegal. On a first offense, a person can be fined no more than Bz$200 (USD 100) or imprisoned for up to two months. Second and subsequent offenses result in fines of up to Bz$400 (USD 200) or imprisonment of up to six months. In addition, the Summary Jurisdiction (Offenses) Act states that it is illegal to own, manage, assist in the management of, or act as a tenant, lessee or occupier of a brothel. First-time offenses are punishable by up to six months in jail or a Bz$500 (USD 250) fine; for second offenses the penalties are doubled. Further, the law states that it is illegal for any male person to: knowingly live wholly or in part on the earnings of prostitution; persistently solicit or importune for immoral purposes; or loiter about or importune a person in any street or other place for the purposes of prostitution. A first offense results in a fine of up to Bz$100 (USD 50) or six months in jail; second and subsequent offenses result in up to twelve months in jail. Finally, Section 49 of the Criminal Code states that any person who procures or attempts to procure any female under the age of eighteen years of age, not being BELMOPAN 00000066 006 OF 010 a common prostitute or of known immoral character, to have unlawful carnal knowledge either within or without Belize with any other person or persons, has committed an offense. The Code does not explain what constitutes immoral character. Note: unlawful carnal knowledge is defined as sexual relations with a female child between the ages of 14 and 16. End note. An individual convicted of these charges faces five years imprisonment. ¶L. Belize does not have any military troops assigned abroad. ¶M. Although Belize has not been identified as a sex tourism destination, the potential exists and the November 2006 release of the report (sponsored by the International Labor Office's International Program on the Elimination of Child Labor) on the commercial sexual exploitation of children in Belize supports this. The government supported the drafting of a code of conduct to protect children from sexual exploitation in the tourist and travel industries. The government has signed or ratified the following international instruments: -- ILO Convention 182 concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labor; ratified March 6, 2000; -- ILO Convention 29 and 105 on Forced or Compulsory Labor; both ratified on December 15, 1983; -- The Optional Protocol to the Convention on the Rights of the Child (CRC) on the Sale of Children, Child Prostitution, and Child Pornography: ratified on December 1, 2003 -- The Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, supplementing the UN Convention Against Transnational Organized Crime; acceded September 26, 2003. -------------- Protection and Assistance to Victims -------------- 26A. (SBU) Considerable work was done in the area of victim assistance and in strengthening coordination among the key departments, due to the number of victims involved in one case during the reporting period. These departments include: Police, Immigration, Labour, and Human Development. The lessons learned from the practical experiences of working with a large group of victims (such as the case of the Nepalese workers) and on labor exploitation cases will help refine operations protocols. Victim assistance has proven effective, as Nepalese and Indian nationals are cooperating with authorities in the investigation and prosecution of their alleged traffickers and are moving towards integration within Belize society. A few of the victims have found employment with support from Immigration and Human Development. The rights of victims are always respected and are codified in the standard operating procedures and in the Trafficking in Persons (Prohibition) Act. According to Belize law, victims of trafficking should not be jailed, deported or penalized in any way. The law states that the victim is not criminally liable for any immigration-related offense or any other criminal offense. The law also requires that victims receive temporary permits that allow them to remain in Belize for the duration of any criminal proceedings and to qualify for residency or citizenship. However, many victims do not view themselves as victims of trafficking and do not wish to pursue criminal action against their traffickers. In other cases, commercial sex workers who may be victims may be mistreated or victimized further. The GOB provides security - in the form of police protection - to victims, their families, and witnesses. This protection is provided on an as-needed basis; there is no formal witness protection program and the country's population is likely too small to create an effective program. During the reporting period the occasion did not arise which warranted the holding of court proceedings in camera. The Trafficking in Persons (Prohibition) Act does make provisions for in camera testimony, and the Committee is sensitive to the issues of BELMOPAN 00000066 007 OF 010 confidentiality and security; where it is necessary in camera proceedings will be conducted. ¶B. The government supports two shelters for trafficking victims, one in Belmopan and one in Hattieville in the Belize District. The Government of Belize facilitated the acquisition of the facility in the Belize District and provides funding for the general operation of the facilities. Refurbishment of the Belmopan facility was funded by the first tranche of a TIP grant from the U.S. Embassy in FY2007 of USD 20,000. Foreign victims have the same access to care as domestic victims. Children who are victims of trafficking are placed in existing child care institutions. If necessary, victims can also be housed in hotels at government expense. The Government of Belize provides an annual subvention to all local non-governmental organizations, including child care facilities where minors who are victims of trafficking in persons are placed for protective care. The shelters and facilities for adult victims are fully operated by the Government of Belize. ¶C. Victims also have access to free medical services and to legal and counseling services. These facilities are dedicated exclusively to trafficking victims. The Trafficking in Persons (Prohibition) Act requires the government to provide protection to victims to prevent recapture by traffickers and to ensure personal security. Victims of trafficking can file civil suits and seek legal action against traffickers. The Trafficking in Persons (Prohibition) Act authorizes courts to order convicted traffickers to pay restitution to their victims. The court considers the costs of medical and psychological care, physical and occupational therapy, transportation, housing and child care, lost income, emotional distress, pain and suffering, and any other loss suffered by the victim when determining the amount of restitution. The government lacks the resources to provide a formal restitution program. The funds spent on victim assistance as of January 31, 2009 amounted to USD 45,373.73. These funds came from the Government allocation for human trafficking. ¶D. The government does provide foreign trafficking victims with the same access to free legal, medical and psychological services that Belizean citizens receive, in addition to assistance provided by the Department of Immigration. The Department of Immigration informs victims of procedures to return to their home country and informs victims of procedures for seeking permanent residency or citizenship in Belize. If the victim so desires, the Department of Immigration is also required to provide assistance in applying for permanent residence and citizenship in Belize once the criteria are met. The Department of Immigration issues the victim (and child) with a temporary residency permit, enabling them to remain legally in Belize throughout their court proceedings. Services are provided as long as the victims are willing to provide assistance with the trafficking case. In some cases, the victims do not want to be protected and only desire to return to their place of employment. ¶E. Eleven persons have received shelter services during the period March 2008 to January 2009. The Government of Belize has provided shelter services to the five Nepalese victims since April 2008. The five Indian victims have resided in the shelter since June 2008. ¶F. The Anti-Trafficking in Persons Committee, tasked with coordinating the government's efforts against human trafficking, has provided training to officers of the frontline agencies such as the Police Department, Customs Department, Immigration and Nationality Department and the Department of Human Services to enable them to identify potential victims of human trafficking. In the event a potential victim is identified, the victim is referred to the Department of Human Services for an interview by a social worker to determine if indeed the person is a victim of human trafficking. ¶G. During the period March 2008 and January 2009, 70 victims of trafficking in persons were identified. Of the 70 victims, 65 were Nepalese workers at the Vaca Dam and five were Indian nationals. The victims were primarily males. ¶H. The Anti-Trafficking in Persons Committee, tasked with coordinating Government's efforts against human trafficking, has provided training to officers of the frontline agencies such as the Police Department, Customs Department, Immigration and Nationality Department, and the Department of Human Services to enable them to identify potential victims of human trafficking. In the event a potential victim is identified, the victim is referred to the Department of Human Services for interview by a social worker to BELMOPAN 00000066 008 OF 010 determine if indeed the person is a victim of human trafficking. ¶I. Victims of trafficking are never jailed or detained. Victims are never fined or prosecuted for violating any law related to their having been trafficked. Section 10 of the Trafficking in Persons (Prohibition) Act stipulates that a victim "is not criminally liable for any immigration-related offence, or any other criminal offence that is as a direct result of being trafficked." Victims are encouraged to provide assistance in the investigation and prosecution of trafficking cases. In fact victims are issued temporary residency permits by the Department of Immigration and Nationality ¶J. Of the 65 victims rescued from the hydrodam, 60 were repatriated to Nepal and five remain in Belize to assist with the investigation and to testify at the trial. The five Indian victims have also assisted with the investigation and are cooperative. ¶K. As mentioned, the Department of Immigration and Nationality (DINS) monitors the movements of people within and outside the country's borders for evidence of trafficking. Though training to screen for trafficking victims is provided to immigration officers, the department's meager resources limit its ability to effectively monitor immigration and emigration patterns and screen for potential trafficking victims. Immigration records are not computerized at any of the country's points of entry, including Philip Goldson International Airport in Belize City - the main port of entry for visitors to Belize. Special Branch, the intelligence gathering unit of the Belize Police Department, maintains a permanent presence at the Belize Western Border Station and at Philip Goldson International Airport. A police officer was assigned to the DINS at the Belize Northern Border Station to assist with monitoring immigration and emigration patterns and screening for potential victims of trafficking. Belize maintains only a few embassies and consulates abroad. No victim of human trafficking has yet approached an embassy or consulate of Belize for assistance. However, all Belizean embassies and consulates are able and ready to provide assistance. ¶L. If needed, the Belize government will provide medical assistance, shelter, and financial aid to any Belizean national who is a victim of trafficking and has been repatriated to Belize. ¶M. Local NGOs such as the National Organization for the Prevention of Child Abuse and Neglect (NOPCAN) and Youth Enhancement Services (YES) work with trafficking victims and focus on trafficking issues. International organizations like UNICEF and IOM also provide assistance. The Inter-American Development Bank (IDB) approved funding to the government for assistance in strengthening national protocols and for trafficking in persons, including victim assistance. The National Committee for Families and Children, a quasi-governmental organization, also provides assistance and training with CSEC and trafficking. Protective care for victims of human trafficking is provided by the Government of Belize. Presently there are no NGO's which provide direct assistance. However, the Government of Belize does facilitate grant assistance. For example, Youth Enhancement Services received two grants last year from two international organizations: USD 75,000 for a CSEC pilot that ended in October 2008 and USD 30,000 from the IDB in late December 2008 for a public education campaign on CSEC. Both resulted from technical cooperation processes initiated by the GOB in 2007 and 2006, respectively. Funds from were also channeled to YES and NCFC to execute public education and awareness campaigns in 2008. -------------- Prevention -------------- 27 A. (SBU) Efforts at preventing human trafficking are focused on public awareness. Based on recent experiences, A-TIP sought to revise its public awareness campaign to target immigrant communities in addition to the general public. A-TIP also saw the need to develop new public service announcements (PSA) to recapture the attention of the public. As a result, a new PSA for radio has been recorded in Hindi for broadcast in the coming year. A new print PSA has been developed and has already appeared in the weekly newspapers. A-TIP continues to distribute re-printed posters for display at border points, bus BELMOPAN 00000066 009 OF 010 stations, and health centers to replace torn ones. ¶B. A-TIP, through intelligence driven operations conducted by its tripartite team (the Departments of Immigration, Police and Human Services),is vigilant in confronting possible cases of trafficking. Trafficking in persons cases are documented by the tripartite team from interviews of potential victims conducted by Human Services after an operation. The Belize Police Department through its intelligence gathering unit (Special Branch) maintains a permanent presence at the Belize Western Border Station, and at the Phillip Goldson International Airport, as well as in every district. A police officer works within the Immigration and Nationality Department at the Belize Northern Border station to assist in the monitoring of immigration and emigration patterns and the screening for potential victims of trafficking. ¶C. The government, NGOs, international organizations and other elements of civil society generally have a good working relationship. Members of relevant NGOs (such as NOPCAN), international organizations (such as IOM),and government officials worked together to offer training to stakeholders and often cooperated on relevant boards or committees. For example, representatives from several NGOs sit on A-TIP. ¶D. A-TIP has disseminated its plan of action to all members of its Committee to facilitate coordinated action. The National Plan of Action adopted by A-TIP in 2006 continues to guide its work. Advances have been in several areas including public awareness, victim protection, operations, and monitoring and evaluation. The National Plan of Action helps guide the annual work plan of A-TIP. The work plan for 2009 is currently being developed. A-TIP reviewed the recommendations emanating from the project sponsored by the IDB. The recommendations from the final communications strategy were considered and A-TIP sought to incorporate the recommendations, where possible, in its annual work plans. These recommendations included the targeting of at-risk immigrants, sexual tourism awareness, outreach to communities, etc. The recommendations for streamlining the standard operating procedures were also considered and prioritized. Those recommendations which A-TIP viewed as high priority are currently being addressed, including review of the legislation, improved coordination, and enhanced victim protection. ¶E. Most of the efforts the GOB has undertaken are on the supply side, rather than the demand side. Through assistance from the Government of Belize, Youth Enhancement Services (YES),a member agency of the Anti-trafficking in Persons Committee, received a grant from the ILO for a pilot project on commercial sexual exploitation of children. The project included a training component on the identification of trafficking and CSEC victims. Two hundred frontline government workers and community workers were trained country-wide in 2008. In addition, the Ministry of Human Development has been working with YES in the Belize and Cayo Districts to seek out commercial sex workers and potential commercial sex workers and provide them with counseling and training. During the reporting period approximately 70 individuals were identified, underwent skills training, and participated in alternative income generation projects to assist them in finding employment in other areas of the economy. ¶F. In 2006 ECPAT (End Child Prostitution Child Pornography and Trafficking of Children for Sexual Purposes) and the Belize Tourism Industry Association launched the Protect Children in Tourism Project (PCT) in Belize, to promote the Code of Conduct for the Protection of Children from Commercial Sexual Exploitation in Travel and Tourism. Many tourism businesses have signed up to the code and the National Organization for the Prevention of Child Abuse and Neglect (NOPCAN),a member agency of A-TIP is tasked with the ongoing monitoring of the implementation of the Code and with providing the requisite training for understanding the Code. ¶G. Does not apply -------------- Nomination of Heroes and Best Practices -------------- ¶28. (U) Heroes: Youth Enhancement Services (YES) has played a BELMOPAN 00000066 010 OF 010 significant role educating Belizeans about the dangers of commercial sexual exploitation of children and adolescents (CSEC). CSEC is a problem in Belize according to NGOs and governmental organizations. It is often identified as the "sugar daddy" syndrome in which young girls and boys develop a relationship with an older person in order to pay for school fees, or to provide food, housing, or other benefits for their family members. YES is one NGO in Belize that has been engaged in a sustained advocacy campaign that has addressed CSEC since 2004. The YES campaign empowers young girls and boys to protect themselves and be aware of their rights, raises public awareness about CSEC, and advocates for effective legislation to protect children from sexual abuse. In 2008, YES launched another program to reintegrate and prevent victims of child labor, specifically CSEC. YES identified approximately 100 at-risk youths for CSEC and provided skills training to the youths and their parents in order to provide alternative sources of income for the families. YES also provided workshops for high school teachers around the country to educate them about CSEC and to urge them to become part of the solution to the problem. YES received USD 30,000 (equivalent) in 2008 from the GOB and additional project funds from ILO/IPEC. ¶29. (U) Best practices: The Government of Belize employs a multi-sectoral approach to combating trafficking in persons. This method strengthens coordination among frontline agencies, ensures a victim-centered approach to combating TIP, and leads to direct and efficient delivery of services to victims. This multi-sectoral approach led to the development of a tripartite team comprised of the police, immigration officials, and social workers who are responsible for the planning, execution and evaluation of operations - thereby ensuring that operations are intelligence - driven. Social workers are present at every operation to make certain that victims receive immediate assistance. ¶30. Post's POC for trafficking and human rights issues is Acting Pol/Econ Chief Sue Kuester, e-mail: KuesterSG@state.gov; telephone: 011-501-822-4011, ext. 4113; fax: 011-501-822-4012. In her absence, please contact Poloff Brianne Watts, ext. 4197. ¶31. Post estimates that over the course of the year, Acting Pol/Econ Chief and one LES have spent approximately 95 hours gathering information, meeting with government officials, and preparing reports on trafficking in persons in Belize. DIFFILY

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