Identifier
Created
Classification
Origin
09BRIDGETOWN119
2009-02-24 21:41:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Bridgetown
Cable title:  

TIP SUBMISSION - ANTIGUA AND BARBUDA

Tags:  KCRM ELAB KFRD ASEC KWMN PHUM PREF SMIG BB 
pdf how-to read a cable
VZCZCXRO1381
PP RUEHGR
DE RUEHWN #0119/01 0552141
ZNR UUUUU ZZH
P 242141Z FEB 09
FM AMEMBASSY BRIDGETOWN
TO RUEHC/SECSTATE WASHDC PRIORITY 7132
INFO RUCNCOM/EC CARICOM COLLECTIVE
RUEAWJA/DEPT OF JUSTICE WASHDC
RUEHC/DEPT OF LABOR WASHDC
RUEATRS/DEPT OF TREASURY WASHDC
RHMFIUU/DEPT OF HOMELAND SECURITY WASHINGTON DC
UNCLAS SECTION 01 OF 08 BRIDGETOWN 000119 

SENSITIVE
SIPDIS

STATE FOR G/TIP, G, INL, DRL, PRM, AND WHA/CAR
STATE PASS TO USAID/LAC/CAR-RILEY

TAGS: KCRM ELAB KFRD ASEC KWMN PHUM PREF SMIG BB
SUBJECT: TIP SUBMISSION - ANTIGUA AND BARBUDA

REF: 08 SECSTATE 132759

UNCLAS SECTION 01 OF 08 BRIDGETOWN 000119

SENSITIVE
SIPDIS

STATE FOR G/TIP, G, INL, DRL, PRM, AND WHA/CAR
STATE PASS TO USAID/LAC/CAR-RILEY

TAGS: KCRM ELAB KFRD ASEC KWMN PHUM PREF SMIG BB
SUBJECT: TIP SUBMISSION - ANTIGUA AND BARBUDA

REF: 08 SECSTATE 132759


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

--------------
Para 23 - THE COUNTRY'S TIP SITUATION
--------------

2 (SBU)


A. What is (are) the source(s) of available
information on trafficking in persons? What plans are in
place (if any) to undertake further documentation of
human trafficking? How reliable are these sources?

There are few sources of information available on trafficking. The
Gender Affairs Directorate is the focal point for much of the
information on trafficking, documenting cases as they become known.
The Gender Affairs Directorate is understaffed and has no full-time
employees focused solely on trafficking issues; however, the
Directorate is a reliable source of available information.


B. Is the country a country of origin, transit, and/or
destination for internationally trafficked men, women, or
children? Have there been any changes in the
TIP situation since the last TIP Report (e.g. changes in
destinations)?

Antigua and Barbuda is a destination point for victims of
Trafficking in Persons (TIP) from the Dominican Republic, Guyana,
and Jamaica. There have not been any changes in the TIP situation
since the last report.

-- C. What kind of conditions are the victims trafficked
into?

According to the Director of Gender Affairs and other sources, 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. The conditions,
according to sources, vary, but in most cases the women's travel
documents are confiscated and they are threatened with deportation.


-- D. Vulnerability to TIP: Are certain groups of persons
more at risk of being trafficked (e.g. women and

children, boys versus girls, certain ethnic groups,
refugees, IDPs, etc.)?

There are no reports of Antiguans being trafficked. Legal and
illegal immigrants from Haiti, Jamaica, the Dominican Republic and
Guyana are reported to be the most vulnerable to trafficking.

-- E. Traffickers and Their Methods: Who are the
traffickers/exploiters? Are they independent business
people? Small or family-based crime groups? Large
international organized crime syndicates? What methods
are used to approach victims? For example, are they
offered lucrative jobs, sold by their families, or
approached by friends of friends? What methods are used
to move the victims (e.g., are false documents being
used?). Are employment, travel, and tourism agencies or
marriage brokers involved with or fronting for
traffickers or crime groups to traffic individuals?


According to Gender Affairs, the traffickers are a mix of well
financed businessmen from the Dominican Republic and Antiguan
citizens acting as pimps and brothel owners.

-------------- --------------
Para 24 - SETTING THE SCENE FOR THE GOVERNMENT'S ANTI-TIP
EFFORTS
-------------- --------------


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

BRIDGETOWN 00000119 002 OF 008


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 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.

-- C. What are the limitations on the government's
ability to address this problem in practice? For
example, is funding for police or other institutions
inadequate? Is overall corruption a problem? Does the
government lack the resources to aid victims?

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 requests to
investigate suspected cases of sexual and domestic servitude. In
most cases, 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 systematically
monitor its anti-trafficking efforts (on all fronts --
prosecution, victim protection, and prevention) and
periodically make available, publicly or privately and
directly or through regional/international organizations,
its assessments of these anti-trafficking efforts?

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
to address the problem.

-------------- -- --------------
Para 25 - Investigations and Prosecutions of Traffickers
-------------- --- --------------


4. (SBU)

-- A. Existing Laws against TIP: Does the country have a
law or laws specifically prohibiting trafficking in
persons -- both for sexual exploitation and labor? If
so, please specifically cite the name of the law(s) and
its date of enactment and provide the exact language
[actual copies preferable] of the TIP provisions. Please
provide a full inventory of trafficking laws, including
non-criminal statutes that allow for civil penalties
against alleged trafficking crimes (e.g., civil
forfeiture laws and laws against illegal debt). Does the
law(s) cover both internal and transnational forms of
trafficking? If not, under what other laws can
traffickers be prosecuted? For example, are there laws
against slavery or the exploitation of prostitution by
means of force, fraud, or coercion? Are these other laws
being used in trafficking cases?

There are no laws against trafficking in persons. Violators could
be prosecuted under immigration, prostitution, or labor laws. Under
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. Punishment of Sex Trafficking Offenses: What are
the prescribed and imposed 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? If
your country is a source country for labor migrants, do
the government's laws provide for criminal punishment --

BRIDGETOWN 00000119 003 OF 008


i.e. jail time -- for labor recruiters who engage in
recruitment of workers using knowingly fraudulent or
deceptive offers with the purpose of subjecting workers
to trafficking in the destination country? If your
country is a destination for labor migrants, are there
laws punishing employers or labor agents who confiscate
workers' passports or travel documents for the purpose of
trafficking, 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?

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?

The penalty for rape ranges from 10 years to life imprisonment.

-- E. Law Enforcement Statistics: Did the government
prosecute any cases against human trafficking offenders
during the reporting period? If so, provide numbers of
investigations, prosecutions, convictions, and sentences
imposed, including details on plea bargains and fines, if
relevant and available. Please note the number of
convicted traffickers who received suspended sentences
and the number who received only a fine as punishment.
Please indicate which laws were used to investigate,
prosecute, convict, and sentence traffickers. Also, if
possible, please disaggregate numbers of cases by type of
TIP (labor vs. commercial sexual exploitation) and
victims (children under 18 years of age vs. adults). If
in a labor source country, did the government criminally
prosecute labor recruiters who recruit workers using
knowingly fraudulent or deceptive offers or by imposing
fees or commissions for the purpose of subjecting the
worker to debt bondage? Did the government in a labor
destination country criminally prosecute employers or
labor agents who confiscate workers' passports/travel
documents for the purpose of trafficking, switch
contracts or terms of employment without the worker's
consent to keep workers in a state of service, use
physical or sexual abuse or the threat of such abuse to
keep workers in a state of service, or withhold payment
of salaries as a means to keep workers in a state of
service? What were the actual punishments imposed on
persons convicted of these offenses? Are the traffickers
serving the time sentenced? If not, why not?

There were no cases brought against traffickers during the reporting
period. Nor have there been any cases brought against employers for
confiscating passports or travel documents.

-- F. Does the government provide any specialized
training for government officials in how to recognize,
investigate, and prosecute instances of trafficking?
Specify whether NGOs, international organizations, and/or
the USG provide specialized training for host government
officials.

In June 2008, Gender Affairs, Immigration and Royal Antigua and
Barbuda Police Force official attended a USG sponsored
anti-trafficking capacity building workshop. In February 2008,
officials from the Royal Antigua and Barbuda Police Force took part

BRIDGETOWN 00000119 004 OF 008


in an 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
training programs were funded by the GOAB.

--G. Does the government cooperate with other governments
in the investigation and prosecution of trafficking
cases? If possible, provide the number of cooperative
international investigations on trafficking during the
reporting period.

The GOAB cooperates with other Caribbean countries via the Gender
Affairs Unit at the CARICOM Secretariat in Georgetown, Guyana. In
2003, Antigua and Barbuda 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 in Guyana under
the Sex Offenses Act.

-- H. Does the government extradite persons who are
charged with trafficking in other countries? If so,
please provide the number of traffickers extradited
during the reporting period, and the number of
trafficking extraditions pending. In particular, please
report on any pending or concluded extraditions of
trafficking offenders to the United States.

There have been no requests for extradition.


-- I. Is there evidence of government involvement in or
tolerance of trafficking, on a local or institutional
level? If so, please explain in detail.

The Gender Affairs Directorate has uncovered two cases of
trafficking and helped both women repatriate to their home
countries. In both cases the women voluntarily came to Antigua to
engage in prostitution only to later have their passports revoked
until they could repay the brothel owner for expenses incurred in
bringing the women to the country. Both women had been given work
permits as "entertainers" to legally enter the country. The receipt
of legitimate work-permits to engage in almost certain prostitution
requires at least the acquiescence of one or more adjudicating
officers in the immigration office.

-- J. If government officials are involved in
trafficking, what steps has the government taken to end
such participation? Please indicate the number of
government officials investigated and prosecuted for
involvement in trafficking or trafficking-related
corruption during the reporting period. Have any been
convicted? What sentence(s) was imposed? Please specify
if officials received suspended sentences, or were given
a fine, fired, or reassigned to another position within
the government as punishment. Please indicate the number
of convicted officials that received suspended sentences
or received only a fine as punishment.

In the two reported cases the two women became trafficked after
their arrival in the country. The Gender Affairs Directorate has
requested a review of the immigration department to ascertain why
women who are likely to be trafficked are being granted
work-permits.

-- K. 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? If prostitution
is legal and regulated, what is the legal minimum age for
this activity? Note that in countries with federalist
systems, prostitution laws may be under state or local
jurisdiction and may differ among jurisdictions.

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.

-- M. If the country has an identified problem of child
sex tourists coming to the country, what are the
countries of origin for sex tourists? How many foreign
pedophiles did the government prosecute or
deport/extradite to their country of origin? If your
host country's nationals are perpetrators of child sex
tourism, do the country's child sexual abuse laws have
extraterritorial coverage (similar to the U.S. PROTECT

BRIDGETOWN 00000119 005 OF 008


Act) to allow the prosecution of suspected sex tourists
for crimes committed abroad? If so, how many of the
country's nationals were prosecuted and/or convicted
during the reporting period under the extraterritorial
provision(s) for traveling to other countries to engage
in child sex tourism?

There have been no reports of child sex tourism in Antigua.

-------------- -
Para 26 - Protection and Assistance to Victims
-------------- -


5. (SBU)

-- A. What kind of protection is the government able
under existing law to provide for victims and witnesses?
Does it provide these protections in practice?

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.

-- B. Does the country have victim care facilities
(shelters or drop-in centers) which are accessible to
trafficking victims? Do foreign victims have the same
access to care as domestic trafficking victims? Where
are child victims placed (e.g., in shelters, foster care,
or juvenile justice detention centers)? Does the country
have specialized care for adults in addition to children?
Does the country have specialized care for male victims
as well as female? Does the country have specialized
facilities dedicated to helping victims of trafficking?
Are these facilities operated by the government or by
NGOs? What is the funding source of these facilities?
Please estimate the amount the government spent (in U.S.
dollar equivalent) on these specialized facilities
dedicated to helping trafficking victims during the
reporting period.

Through the GOAB's Directorate of Gender Affairs, victims of
trafficking have benefitted from various legal, health, advocacy,
and crisis services. All victims of trafficking, foreign or local,
can access the services offered through Gender Affairs.

-- C. Does the government provide trafficking victims
with access to legal, medical and psychological services?
If so, please specify the kind of assistance provided.
Does the government provide funding or other forms of
support to foreign or domestic NGOs and/or international
organizations for providing these services to trafficking
victims? Please explain and provide any funding amounts
in U.S. dollar equivalent. If assistance provided was
in-kind, please specify exact assistance. Pleasespecify
if funding for assistance comes from a fderal budget or
from regional or local governmens.

The Directorate of Gender Affairs has recruied Spanish-speaking
volunteers to assist with seeral cases of suspected abuse of
Dominican Republc nationals. Funding is provided to the Gender
Afairs Directorate to coordinate the work of the Ani-TIP
Coalition, as well as cover multiple servies to victims of domestic
abuse, rape, and otherforms of violence and exploitation. However,
most victims, if discovered by immigration and/or the olice, are
generally arrested or detained for imigration violations and are
expeditiously deported.

-- D. Does the government assist foreign trafficking
victims, for example, by providing temporary to permanent
residency status, or other relief from deportation? If
so, please explain.

No.

-- E. Does the government provide longer-term shelter or
housing benefits to victims or other resources to aid the
victims in rebuilding their lives?

No. All victims are assisted in their repatriation to their home
countries.

-- F. Does the government have a referral process to

BRIDGETOWN 00000119 006 OF 008


transfer victims detained, arrested or placed in
protective custody by law enforcement authorities to
institutions that provide short- or long-term care
(either government or NGO-run)?

Any victims of trafficking identified by the government will be
referred to the Gender Affairs Directorate for support services.

-- G. What is the total number of trafficking victims
identified during the reporting period? Of these, how
many victims were referred to care facilities for
assistance by law enforcement authorities during the
reporting period? By social services officials? What is
the number of victims assisted by government-funded
assistance programs and those not funded by the
government during the reporting period?

There were two cases of trafficking reported by the Gender Affairs
Directorate. These women were offered counseling by the staff of
the Directorate and were assisted in their repatriation to their
home countries.

-- H. Do the government's law enforcement, immigration,
and social services personnel have a formal system of
proactively identifying victims of trafficking among
high-risk persons with whom they come in contact (e.g.,
foreign persons arrested for prostitution or immigration
violations)? For countries with legalized prostitution,
does the government have a mechanism for screening for
trafficking victims among persons involved in the
legal/regulated commercial sex trade?

The GOAB does not conduct screening for potential TIP victims. The
Gender Affairs Directorate and the National Coalition Against
Trafficking in Persons are able to identify TIP victims as well as
suspected cases of trafficking, and modify their efforts
accordingly.

-- I. Are the rights of victims respected? Are
trafficking victims detained or jailed? If so, 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 affiliated NGOs, community advocates, and
religious representatives. However, they are treated as
undocumented criminals by many in the police force and immigration.

-- J. Does the government encourage victims to assist in
the investigation and prosecution of trafficking? How
many victims assisted in the investigation and
prosecution of traffickers during the reporting period?
May victims file civil suits or seek legal action against
traffickers? Does anyone impede victim access to such
legal redress? If a victim is a material witness in a
court case against a former employer, is the victim
permitted to obtain other employment or to leave the
country pending trial proceedings? Are there means by
which a victim may obtain restitution?

No. The victims in the two known cases were assisted in their
repatriation before they could assist in investigations or
prosecutions.

-- K. 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? Does the government provide
training on protections and assistance to its embassies
and consulates in foreign countries that are destination
or transit countries? What is the number of trafficking
victims assisted by the host country's embassies or
consulates abroad during the reporting period? Please
explain the type of assistance provided (travel
documents, referrals to assistance, payment for
transportation home).

The Gender Affairs Directorate runs a gender awareness training for
the Antigua and Barbuda Royal Police Force.

Antigua has very few Embassies world-wide and has not provided
assistance through any of its embassies during the current reporting
period.


BRIDGETOWN 00000119 007 OF 008


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

There have been no reported cases of Antiguans being trafficked.
Gender Affairs has specialized services in place should a case
arise.

-- M. 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?

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.

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. Cooperation
from police and immigration needs 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.

--------------
Para 27 - PREVENTION
--------------


6. (SBU):

-- A. Did the government conduct anti-trafficking
information or education campaigns during the reporting
period? If so, briefly describe the campaign(s),
including their objectives and effectiveness. Please
provide the number of people reached by such awareness
efforts, if available. Do these campaigns target
potential trafficking victims and/or the demand for
trafficking (e.g. "clients" of prostitutes or
beneficiaries of forced labor)? (Note: This can be an
especially noteworthy effort where prostitution is legal.
End Note.)

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.

-- B. Does the government monitor immigration and
emigration patterns for evidence of trafficking?

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.

-- C. 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?

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.

-- D. Does the government have a national plan of action
to address trafficking in persons? If the plan was

BRIDGETOWN 00000119 008 OF 008


developed during the reporting period, which agencies
were involved in developing it? Were NGOs consulted in
the process? What steps has the government taken to
implement the action plan?

The National Coalition 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.

-- E: What measures has the government taken during the
reporting period to reduce the demand for commercial sex
acts?

Commercial sex is illegal in Antigua and Barbuda; however,
prosecution of those involved in such activity has not been a
priority. There have been no government programs to reduce demand
for commercial sex during the rating period.

-- F. What measures has the government taken during the reporting
period to reduce the participation in international child sex
tourism by nationals of the country?


There have been no reports of international sex tourism. Neither
the government, nor local NGOs have any evidence that child sex
tourism occurs in Antigua.

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.

HARDT