Identifier
Created
Classification
Origin
09BRIDGETOWN126
2009-02-25 20:06:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Bridgetown
Cable title:  

TIP SUBMISSION - DOMINICA

Tags:  KTIP PHUM KWMN ELAB SMIG ASEC KFRD PREF DO XL 
pdf how-to read a cable
VZCZCXRO2563
RR RUEHGR
DE RUEHWN #0126/01 0562006
ZNR UUUUU ZZH
R 252006Z FEB 09
FM AMEMBASSY BRIDGETOWN
TO RUEHC/SECSTATE WASHDC 7157
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 000126 

SENSITIVE
SIPDIS

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

E.O. 12958: N/A
TAGS: KTIP PHUM KWMN ELAB SMIG ASEC KFRD PREF DO XL
SUBJECT: TIP SUBMISSION - DOMINICA

REF: 08 STATE 132759

UNCLAS SECTION 01 OF 08 BRIDGETOWN 000126

SENSITIVE
SIPDIS

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

E.O. 12958: N/A
TAGS: KTIP PHUM KWMN ELAB SMIG ASEC KFRD PREF DO XL
SUBJECT: TIP SUBMISSION - DOMINICA

REF: 08 STATE 132759


1. (U) As requested in reftel, below are Post's responses
to questions regarding Dominica for the annual Trafficking
in Persons (TIP) 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 three primary sources of information: The
Government of Dominica, which includes the police and
the Women?s Bureau of the Ministry of Community
Development, Culture, Gender Affairs and Information;
the press; and the Dominican National Council of Women
(DNCOW). The DNCOW and the press are reliable. The
Government of Dominica is selective in the information
it releases and is less timely and reliable. Civil
society is sensitive to TIP issues, but neither the
Government nor civil society consider TIP to be a
critical problem in the country. Both entities are
understaffed to take vigorous additional steps to
increase TIP documentation.

-- B. Is the country a country of origin, transit,
and/or destination for internationally trafficked men,
women, or children? Does trafficking occur within the
country's borders? If so, does internal trafficking
occur in territory outside of the government's control
(e.g. in a civil war situation)? To where are people
trafficked? For what purposes are they trafficked?
Provide, where possible, numbers or estimates for each
group of trafficking victims. Have there been any
changes in the TIP situation since the last TIP Report
(e.g. changes in destinations)?

There have been no reports that Dominica is a country
of origin, transit, or destination for trafficked men,
women, or children. However, no investigations,
studies or surveys have been done. There is limited
anecdotal evidence that trafficking may exist. This
evidence suggests that Dominica may be a country of

transit and destination, primarily for nationals from
Haiti and the Dominican Republic. In conversations
with contacts, Dominica is a country of transit for
smuggled Haitians hoping to reach the French islands
of Guadeloupe and Martinique. To deter this activity,
Dominica charges a deposit of $375 USD for select
individuals entering this country that is returned
upon the legal exit from the country. According to
contacts, few Haitians ever collect this deposit.

According to DNCOW, only one case existed of a woman
from the Dominican Republic being brought to Dominica
legally, but being pressured to enter a job different
from the one she was promised. The woman expressed a
desire to stay in Dominica, but to do the type of work
promised to her. Although there are only a few cases
that have been brought to the attention of the NGO
community, there may be others as an underground sex
industry, operating out of clubs, is now established
in Dominica, according to our contacts in the NGO
community. Police are often seen at these clubs, and
one NGO worker claims to have been threatened when she
attempted to enter one of the clubs. Most of the
commercial sex workers are foreigners who don?t speak
English and are reluctant to talk to NGO workers.
There have been no changes in the TIP situation since
the last TIP report.

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

There have been reports of women from the Dominican
Republic traveling to Dominica to engage in
prostitution, but no reports that these women are
victims of TIP. There are reports that Haitians are
traveling to Dominica to transit to the French islands

BRIDGETOWN 00000126 002 OF 008


or to work locally, but there have been no reports
that these individuals are victims of TIP. There have
been no reports of sexual slavery or trafficking of
children for prostitution.

-- 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.)?

The minority Carib group is the most vulnerable group
in the country due to economic and social
marginalization, but there is no evidence that they
are victims of 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?

There have been no reports of TIP by the press or the
government. Establishments such as bars offer women
employment as prostitutes, however, there is no
evidence any women have been trafficked against their
will. Firms may offer employment to Haitians lacking
proper credentials, but there is no evidence that any
of these individuals have been trafficked against
their will. There is no indication that employment,
travel or tourism agencies, or marriage brokers are
involved in TIP.

-------------- --------------
--------------
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? If not, why not?

The government denies that anybody is trafficked into
the country, and there is no evidence that trafficking
is a problem.

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

The police force and the Women?s Bureau of the
Ministry of Community Development, Culture, Gender
Affairs and Information. The police have the lead in
combating TIP as a law enforcement matter, typically
as part of routine enforcement measures against
prostitution. There were no arrests of either
prostitutes or their clients in 2008.

-- 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?

Dominica is a relatively poor country with a
mountainous interior and extensive coastlines. The
government lacks the resources to effectively patrol
the border for people either entering or leaving the
country. Funding, training, and staffing for the
local police force is inadequate to allow for a
substantial and coordinated approach to TIP issues.

-- 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

BRIDGETOWN 00000126 003 OF 008


or privately and directly or through
regional/international organizations, its assessments
of these anti-trafficking efforts?

The government does not take specific measures to
monitor potential trafficking and has no official
reports or statistics.

-------------- --------------
PARA 25 - INVESTIGATION AND PROSECUTION 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
xample, 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?

The Immigration and Passport (Amendment) Act of 2003
(No. 19 of 2003) makes provision for the offense of
human trafficking. It was enacted November 28, 2003,
and reads:

27B. Offense of human trafficking

(1) A person is guilty of an offense of human
trafficking if that person assists any other person to
enter or leave Dominica in an unlawful manner.

(2) A person who is convicted of an offence under
subsection (1) is liable to a fine of one hundred
thousand dollars(US$37,500)or to imprisonment for
seven years or to both such fine and imprisonment.

-- B. Punishment of Sex Trafficking Offenses: What are
the prescribed and imposed penalties for trafficking
people for sexual exploitation?

Persons convicted of trafficking are subject to a fine
of US$37,500 and/or up to seven years? imprisonment.

-- 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 -- 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?

Although labor trafficking cases could be prosecuted
under the law, any cases of confiscated passports or
other offenses were resolved through the labor
division.

-- D. What are the prescribed penalties for rape or
forcible sexual assault?

The penalty for rape is a maximum sentence of 25 years
imprisonment. The penalty for trafficking for
commercial exploitation is less severe in terms of
imprisonment (7 years),but carries a possible fine of

BRIDGETOWN 00000126 004 OF 008


up to US$37,500.

-- 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?

The government did not prosecute any cases against
human trafficking offenders. In past years, there
have been allegations and investigations of workers
having passports confiscated, but all cases were
resolved without legal action.

-- 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.

The government does not provide any specialized
training. G/TIP sent a speaker on trafficking to
Dominica who conducted a one-day training seminar
which was well attended by police, immigration and the
NGO community.

--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.

There are no such cases.

-- 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.

The government has never extradited or charged anyone
with TIP related crimes.

-- 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 government does not explicitly or implicitly
tolerate trafficking, but makes no effort to
investigate women of other nationalities coming to
Dominica to engage in prostitution. Dominica does not
prosecute cases of prostitution.

-- J. If government officials are involved in
trafficking, what steps has the government taken to
end such participation? Please indicate the number of

BRIDGETOWN 00000126 005 OF 008


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 is no evidence suggesting government officials
are involved in TIP, and no government officials have
been charged or prosecuted for TIP-related offenses.

There are anecdotal reports from the NGO community
that police are providing security services to clubs
after hours, and may be taking money or sexual favors
to overlook prostitution that is taking place in these
clubs. NGO contacts report that police are often seen
inside the clubs with their police vehicles parked
outside.

- 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 and the facilitation of such are both
illegal. The police made no arrests or convictions in
2008 for prostitution.

- L. For countries that contribute troops to
international peacekeeping efforts, please indicate
whether the government vigorously investigated,
prosecuted, convicted and sentenced nationals of the
country deployed abroad as part of a peacekeeping or
other similar mission who engaged in or facilitated
severe forms of trafficking or who exploited victims
of such trafficking.

Dominica does not generally contribute troops to
international peacekeeping efforts.

-- 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?

Dominica does not have an identified problem of child
sex tourism.

-------------- -
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 does not provide assistance to victims
and witnesses.

- 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

BRIDGETOWN 00000126 006 OF 008


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 have been no reports of any victims. If there
were victims, the Women?s Bureau and DNCOW would
provide counseling. DNCOW provides shelter for
victims of gender based crimes.

-- 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.

The government does not provide access to legal and
psychological services.

- 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.

Police and Immigration officers have stated that they
would likely deport anyone who was involved in
trafficking in persons, including the victim.

-- 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.

-- 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)?

No.

-- 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 documented victims during the 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 only system in place is to levy a deposit on
certain arrivals to discourage them from illegally
leaving the country.

BRIDGETOWN 00000126 007 OF 008



-- 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?

Police and Immigration contacts would consider
deporting victims if they were in violation of
immigration laws or found guilty of engaging in
prostitution.

-- 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?

Dominica has no such program in place.

-- 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 government does not provide any specialized TIP
training for any of its officials or embassies, but
would be amenable to training opportunities provided
by outside sources. There were no reported TIP cases.

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

The government does not provide any special services
to TIP victims. If nationals are repatriated, only
the normal social services are available.

-- 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?

DNCOW provides assistance to victims of gender-based
violence and is able to provide some assistance to
trafficking victims. In the one case of a woman from
the Dominican Republic being pressured to work in a
bar, they are attempting to find her a more suitable
job.

--------------
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?

The government did not conduct anti-trafficking or
educational campaigns.

BRIDGETOWN 00000126 008 OF 008



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

The government only monitors immigration and
emigration in terms of the entry deposit for select
nationalities.

-- 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?

There is no mechanism for coordination and
communication.

-- 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?

The government does not have a plan of action to
combat trafficking in persons.

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

The government has not undertaken any actions to
reduce demand for commercial sex acts.

-- F. Required of all Posts: 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 is no evidence that nationals of Dominica are engaged
in international child sex tourism.
HARDT