Identifier
Created
Classification
Origin
09BRIDGETOWN143
2009-03-04 19:41:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Bridgetown
Cable title:  

TIP SUBMISSION - SAINT LUCIA

Tags:  KTIP PHUM KWMN ELAD SMIG ASEC KFRD PREF DO XL 
pdf how-to read a cable
VZCZCXRO9676
RR RUEHGR
DE RUEHWN #0143/01 0631941
ZNR UUUUU ZZH
R 041941Z MAR 09
FM AMEMBASSY BRIDGETOWN
TO RUEHC/SECSTATE WASHDC 7181
INFO RUCNCOM/EC CARICOM COLLECTIVE
RHMFIUU/DEPT OF HOMELAND SECURITY WASHINGTON DC
RUEATRS/DEPT OF TREASURY WASHDC
RUEHC/DEPT OF LABOR WASHDC
RUEAWJA/DEPT OF JUSTICE WASHDC
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

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