TIP SUBMISSION - SAINT LUCIA

UNCLAS SECTION 01 OF 07 BRIDGETOWN 000143 SENSITIVE SIPDIS STATE FOR G/TIP, G, INL, DRL, PRM, AND FOR WHA/CAR STATE PASS TO USAID/LAC/CAR-BOUNCY E.O. 12958: N/A TAGS: KTIP PHUM KWMN ELAD SMIG ASEC KFRD PREF DO XL SUBJECT: TIP SUBMISSION - SAINT LUCIA REF: 08 STATE 132759 ¶1. (U) As requested in reftel, below are Post's responses to questions regarding St. Lucia 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 multiple sources of information on TIP: the Government of St. Lucia, which includes the police and the Gender Relations Division; the press; and a number of NGOs including the St. Lucia National Organization of Women and the local chapters of the Red Cross and Planned Parenthood. The NGOs and the press are reliable. The Government of St. Lucia is forthcoming in releasing information, but certain segments of the government, notably the police, downplay the significance of TIP. None of these groups consider TIP to be a serious problem, but all are interested in preventative steps to prevent TIP from becoming a problem. -- 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)? St. Lucia does not appear to be a significant country of origin, transit or destination for trafficked men, women or children. There are very limited statistics available, and most information gathered is anecdotal. Those stories focus on the plight of women, particularly from the Dominican Republic who are allegedly engaged in commercial sex work. It does not appear that they are trafficked, but, instead, enter the island to increase their earning potential. 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 traveling to St. Lucia to engage in prostitution, but no reports that these women are victims of TIP. The have been no reports of sexual slavery or trafficking of children for prostitution. There is one case of an Indian man being held for forced labor in the city center in a retail establishment. He was allowed to exit the store to perform work errands where he alerted someone of his predicament. He was quickly freed and is trying to coordinate his way back to India. -- 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.)? Young women are the most vulnerable group in the country, but there is no evidence that they are being trafficked. -- 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 are no official reports of TIP by the government. Small business owners of establishments such as bars offer foreign women legal employment as dancers/waitresses. These BRIDGETOWN 00000143 002 OF 007 establishments are essentially brothels and the foreign women are encouraged to perform commercial sex work, however there is no evidence that women 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 believes that women who come here for commercial sex work are acting on their own volition. The government does not believe TIP to be a problem in STL, and there have been no TIP cases reported, with the exception of the one noted above. -- B. Which government agencies are involved in anti-trafficking efforts and which agency, if any, has the lead? The government in 2007 created an anti-trafficking coalition comprised of the Gender Relations Division of the Ministry of Health Wellness, Family Affairs, National Mobilisation, Human Services and Gender Relations; the Police Department including the Immigration Department; the Ministry of External Affairs, International Finance Service, Information and Broadcasting; Human Services and Family Affairs Division of the Ministry of Social Transformation, Public Service, Human Resource Development, Youth and Sports; the Family Court; the Upton Gardens Girls Center; the St. Lucia Crisis Center; and the Caribbean Association for Feminist Research and Action (CAFRA). The Gender Relations Division has the lead. -- 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 lacks the resources and staffing to address TIP. The Gender Relations Division has limited staff and resources and is overwhelmed by the responsibility of covering domestic violence. The police force has limited resources to devote to tackling illegal prostitution and potential trafficking. All organizations that are members of the anti-trafficking coalition also suffer from a lack of experience in handling these issues. The island of St. Lucia is mountainous with numerous coves and inlets to allow for easy access to the country outside of the control of Immigration. St. Lucia a believed to be a transit point for illegal narcotics and human traffickers would be able to utilize these same access points. -- 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 government has no mechanism through which it could monitor anti-trafficking efforts but it is working on a survey to better monitor the situation. -------------- -------------- 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 BRIDGETOWN 00000143 003 OF 007 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? St. Lucia does not have a law specifically prohibiting trafficking, but individuals could be charged with laws that prohibit slavery, forced labor, forced imprisonment, kidnapping, or enticement for immoral purposes. None of these has yet been used in a trafficking case. -- 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 -- 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 laws prohibiting TIP and no specific penalties for TIP for labor exploitation. -- D. What are the prescribed penalties for rape or forcible sexual assault? (NOTE: This is necessary to evaluate a foreign government's compliance with TVPA Minimum Standard 2, which reads: "For the knowing commission of any act of sex trafficking . . . the government of the country should prescribe punishment commensurate with that for grave crimes, such as forcible sexual assault (rape)." END NOTE) The penalty for rape is 14 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? The government did not prosecute any cases against human trafficking offenders. St. Lucia is not currently a labor destination country, and there are no cases concerning the confiscation of workers, travel documents, though there was one case of forced labor as noted above. -- F. Does the government provide any specialized training BRIDGETOWN 00000143 004 OF 007 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 specialized training for government officials in how to recognize, investigate, and prosecute instances of trafficking. The government is amenable to TIP training sponsored by outside agencies. --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. It has been reported that police officers often work as security guards for entertainment clubs that are associated with prostitution. -- 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 is no evidence suggesting government officials are involved in TIP, and no government officials have been charged or prosecuted for TIP offenses. There are numerous allegations that police officers are involved in the protection of entertainment clubs that offer commercial sex. Even one Minister commented that the hardest problem in cracking down on prostitution is that many brothels are either owned or protected by the police and it is impossible to conduct raids or arrests. -- 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, as is the facilitation of prostitution, such as pimping or running a brothel. Government efforts to enforce these laws are limited. -- 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. St Lucia 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 BRIDGETOWN 00000143 005 OF 007 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? St Lucia does not have an identified problem of child sex tourists coming to the country. -------------- - 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 Gender Relations Division is able to provide some level of assistance to potential victims. A 24-hour telephone line is being created that will allow victims to request information, counseling and/or placement in a shelter. -- 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. The Gender Relations Division runs the Women,s Support Center, a shelter for women who are victims of domestic or social crimes. It has not been used for trafficking victims. There are limited facilities available for children who would have to be placed with their mothers if below a certain age, or cared for outside of the facility if closer to adulthood. There are no facilities to care for male victims. These facilities primarily serve victims of domestic violence and there are no specialized facilities for trafficking victims. -- 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. Although the government does not provide access to legal or psychological services, the public hospitals are able to provide some assistance. One problem of the public hospitals is that they are not properly trained to treat domestic violence or trafficking victims and are hesitant to classify patients as such. -- 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. The victims would have temporary housing in the shelter. These services are available to all victims, and are not specific to trafficking. The bulk of the foreign women who are involved in prostitution are from Spanish-speaking countries and communication is a problem with local NGO workers. BRIDGETOWN 00000143 006 OF 007 -- 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? With the one exception noted above, there were no reports of TIP 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? There is no system in place to proactively identify 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? With the one exception noted above, there are no reports of TIP victims. -- 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? With the one exception noted above, there are no reports of TIP victims. -- 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 has provided some training to police, teacher and nurses in conjunction with the formation of a survey. There are no reported cases of TIP victims. - 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 St Lucian victims of TIP are repatriated, they are only able to access the normal range of social services. -- M. Which international organizations or NGOs, if any, work BRIDGETOWN 00000143 007 OF 007 with trafficking victims? What type of services do they provide? What sort of cooperation do they receive from local authorities? The government has worked with IOM, which has provided training in addition to assistance in the development of standards and action plans. -------------- 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 did not conduct anti-trafficking education campaigns. -- B. Does the government monitor immigration and emigration patterns for evidence of trafficking? The government does not monitor immigration and emigration patterns for evidence of trafficking. -- 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 an anti-trafficking task force that allows for communication and coordination between various domestic agencies. -- 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 national plan of action to combat TIP. -- E: What measures has the government taken during the reporting period to reduce the demand for commercial sex acts? The government has not taken any measure to reduce the 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 of St. Lucian nationals participating in international child sex tourism. HARDT