TIP SUBMISSION - Barbados

UNCLAS SECTION 01 OF 08 BRIDGETOWN 000125 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 - Barbados REF: 08 SECSTATE 132759 ¶1. (U) Below are Post's responses to questions regarding Barbados 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 Bureau is the focal point for much of the information on trafficking, documenting cases as they become known. The Business and Professional Women's Club of Barbados is an NGO partially funded by the Barbados government that covers trafficking issues and documents trafficking. ¶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)? Barbados 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 newspaper reports and other sources, there are a few "entertainment clubs" that operate as brothels in Barbados, where women from Guyana and other Caribbean nations are prostituted. In addition, there are private residences that operate as brothels. 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 Barbadians being trafficked. Legal and illegal immigrants from 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 Embassy sources, the traffickers are largely groups out of Guyana and Trinidad and Barbadian 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, the parliament has debated the issue several times and it is a priority for the government. -- B. Which government agencies are involved in anti- BRIDGETOWN 00000125 002 OF 008 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. 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? The Government recognizes the nature of the problem; however, law enforcement and immigration officials do not yet have the appropriate training, funding, and other necessary mechanisms to monitor and investigate suspected cases of sexual and domestic servitude. In most cases, vulnerable women without documentation are deported for immigration violations before there has been a thorough investigation of the 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 Royal Barbados Police Force, the Immigration Department and the Bureau of Gender Affairs are tasked with anti-trafficking monitoring and effort. 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. -------------- -------------- 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 BRIDGETOWN 00000125 003 OF 008 your country is a source country for labor migrants, do the government's laws provide for criminal punishment -- 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? Barbados does not have specific anti-trafficking legislation. 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 labor. 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. 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. -- 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 BRIDGETOWN 00000125 004 OF 008 officials. Some government officials have been trained on the topic of trafficking writ large, but not specific to identifying, prosecuting traffickers, or protecting victims. --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. Barbados cooperates with other Caribbean countries via the Gender Affairs Unit at the CARICOM Secretariat in Georgetown, Guyana. In March, 2008, 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 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. -- 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. There is no evidence of government involvement in or tolerance of trafficking. -- 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. There have been no reports of government officials involved in trafficking. -- 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 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 BRIDGETOWN 00000125 005 OF 008 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. -- 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 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 Barbados. -------------- -------------- 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 government of Barbados has no specific legal protections for victims of trafficking; however, existing programs to assist victims of other crimes could be used to support trafficking victims. -- 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. There are government sponsored shelters run by the Barbados Business and Professional Women's Club and the Salvation Army to house victims. Total funding for the two facilities is approximately US$300,000 per year. -- 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. Please specify if funding for assistance comes from a federal budget or from regional or local governments. Victims are normally deported for immigration violations before any services can be provided or they can assist in prosecutions. Without anti-TIP legislation, the immigration department is legally bound to detain and deport. 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. -- D. Does the government assist foreign trafficking victims, for example, by providing temporary to permanent BRIDGETOWN 00000125 006 OF 008 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 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 Bureau of Gender Affairs 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 no cases of trafficking reported during this reporting period. -- 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 Government of Barbados does not conduct screening for potential TIP victims. -- 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 Bureau of Gender Affairs 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? 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. -- 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 BRIDGETOWN 00000125 007 OF 008 transportation home). 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. Barbados has very few Embassies world-wide and has not provided assistance through any of its embassies during the current reporting period. -- 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 Barbadians being trafficked. The Bureau of 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? 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 Government of Barbados should provide increased funding to its Bureau of Gender Affairs for anti-trafficking efforts and should create a national action plan against trafficking in persons. -------------- 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 workshops and press releases. -- B. Does the government monitor immigration and emigration patterns for evidence of trafficking? Barbados is the headquarters and largest financial supporter of the Regional Security Service (RSS),a coalition of top-level police, customs, immigration, military, and Coast Guard representatives from across the Caribbean. The Government of Barbados 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? Various agencies coordinate and cooperate on illegal immigration issues as well as gender violence issues; however, there is no coordinated mechanism to address trafficking in persons. -- D. Does the government have a national plan of action to address trafficking in persons? If the plan was 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? BRIDGETOWN 00000125 008 OF 008 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. -- E: What measures has the government taken during the reporting period to reduce the demand for commercial sex acts? Commercial sex is illegal in Barbados; however, prosecution of those involved in such activity has not been a priority due to funding and personnel shortages in the police forces. 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 child sex tourism. Neither the government nor local NGOs have any evidence that child sex tourism occurs in Barbados. The Bureau of Gender Affairs 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