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.

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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-

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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

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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.


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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

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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?

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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