JAMAICA: INFORMATION FOR ANNUAL TIP REPORT

UNCLAS KINGSTON 000119 STATE FOR WHA/CAR STATE FOR G/TIP G- ACBLANK E.O. 12958: N/A TAGS: KTIP ELAB PHUM SOCI JM XL SUBJECT: JAMAICA: INFORMATION FOR ANNUAL TIP REPORT Ref: 08 State 132759 ¶1. The responses in this cable are keyed to the questions in Reftel. ¶2. 23 A. Information on trafficking in persons (TIP) is available from the Department of the Public Prosecutor (DPP),police anti-TIP Unit, and the national anti-TIP task force. These are reliable sources that provide verifiable statistics and information. ¶3. 23 B. Jamaica is a country of origin, transit, and destination for internationally trafficked men, women, and children. Internal trafficking occurs, and the International Organization of Migration (IOM) assesses that most of the trafficking in Jamaica is domestic. Persons are trafficked to tourist centers such as Negril, Montego Bay, and Ocho Rios for the purposes of sexual exploitation. There have been occasional reports of foreign nationals who were trafficked into Jamaica for the purposes of domestic labor or sexual exploitation. Victims have also been coerced into transporting illegal drugs. ¶4. 23 C. International victims are trafficked into private homes for labor purposes. Victims of domestic trafficking are often forced to work at night clubs or brothels. Some victims are forced to act as drug mules. ¶5. 23 D. Women and girls are most vulnerable to being trafficked. ¶6. 23 E. Both independent entrepreneurs and organized crime bosses have perpetrated trafficking. In terms of domestic trafficking, persons are offered lucrative jobs in the tourism or hospitality industries and then forced into situations of sexual exploitation. Some persons are offered jobs overseas and then forced into trafficking situations of forced labor or sexual exploitation. Sometimes ads for high-paying jobs appear in newspapers, but the employers in question seek to force persons into trafficking situations. ¶7. 24 A. The Jamaican government acknowledges that trafficking is a problem in the country. ¶8. 24 B. There is a national anti-TIP task force, chaired by the Permanent Secretary of the Ministry of National Security. Government and law enforcement officials, along with NGO representatives, are members of the task force. In addition, there is a police anti-TIP unit, which works closely with liaison officers at the DPP. Trained DPP officials provide guidance on which cases should be prosecuted under trafficking laws. ¶9. 24 C. The justice system is severely over-burdened, so cases are often slow to go to trial. In addition, few criminal defense attorneys have any training in TIP issues or cases. Some victims face financial difficulties, especially in obtaining new clothes and household effects once they leave the trafficking situation. Family members and NGOs provide some assistance, but more funding would be useful. ¶10. 24 D. The government monitors its anti-TIP efforts, both within the police and DPP. The information is made available upon request. ¶11. 25 A. The Trafficking Act of Jamaica, enacted February 15, 2007, specifically prohibits trafficking in persons. Post is e-mailing a copy of the legislation to supplement this cable. In addition, the earlier Child Protection Act of 2004 made it a criminal offense to traffic children. ¶12. 25 B. The prescribed and imposed penalties for trafficking persons for sexual exploitation are fines and/or imprisonment for up to ten years. ¶13. 25 C. The prescribed and imposed penalties for trafficking persons for labor purposes are also fines and/or imprisonment for a term not exceeding 10 years. This is applicable to those who have committed the offence, those who have facilitated the offence, and those who have knowingly benefited from the offence. If a corporate body is involved, every director, manager, secretary, or other similar officer is liable on conviction or indictment to same, unless the court is satisfied that the offence was committed without his/her tacit permission and that he/she had done everything to prevent the commission ¶14. 25 D. The prescribed penalty for rape or forcible sexual assault is a term of imprisonment, which could be as long as a life sentence. ¶15. 25 E. On November 11, 2008, two men were convicted for conspiracy to traffic in persons. Both men were sentenced to twelve months in prison and are serving their sentences. The case, which was widely reported in the media, involved these men offering to procure a fourteen year-old girl for a foreign visitor. The tourist, who was conducting research on TIP, contacted the police's anti-TIP unit, and together they set up a sting operation to catch the perpetrators. According to an official at the Department of Public Prosecutions (DPP),the men were charged under the trafficking statutes of the Child Protection Act. The updated 2007 anti-TIP law could not be invoked because the crime occurred in 2006, so the new law could not be applied ex post facto. There are currently four other trafficking cases in the courts, and the perpetrators in those cases will be tried under the 2007 law. There was one case of forced domestic servitude reported in 2007. The government worked with IOM to help repatriate the victim to her home country. Neither the victim nor the witness who reported her situation to the police anti-TIP unit were willing to testify, so the government was unable to build a case to prosecute the perpetrator. ¶16. 25 F. IOM has conducted training for the DPP and police, and other NGO representatives have advised government agencies through the Anti-TIP Task Force. In 2007 the Child Development Agency published and distributed a guide to the Child Protection Act, which includes an anti-trafficking component. In addition, the National Task Force published a 2007 "Jamaican Law Enforcement Guide to Investigation Manual" with input from NGOs, the DPP, the Immigration Bureau, and the police anti-TIP unit. Officials have access to the manual and there are periodic training sessions conducted by IOM, some U.S. entities, and NGO representatives. ¶17. 25 G. There have been no cooperative international investigations to date, but the government would be amenable to such investigations as deemed necessary on a case-by-case basis. ¶18. 25 H. There have been no trafficking related extraditions, but Jamaican government officials have expressed a commitment to cooperating and taking action on any extradition requests. ¶19. 25 I. There is no evidence of government involvement in, or tolerance of, trafficking. ¶20. 25 J. Not applicable. ¶21. 25 K. Prostitution, including the activities of prostitutes, are criminalized. The activities of the brothel owner/operators, clients, pimps, and enforcers are also criminalized. These laws are not always strictly enforced. ¶22. 25 L. Not applicable. ¶23. 25 M. There were anecdotal reports of child sex tourism in Jamaica, but authorities could not provide statistical data. There were no reports of Jamaicans perpetrating child sex tourism. There are no laws in place regarding extraterritorial coverage. ¶24. 26 A. Under existing law, the government can provide victims with assistance in understanding the laws of Jamaica and their rights; in obtaining any relevant documents and information to assist with legal proceedings, in replacing travel documents; language interpretation and translation, if necessary, in meeting expenses related to criminal proceedings against the traffickers; and provision of shelters and assistance to cover expenses. The government does provide these protections in practice. ¶25. 26 B. The government has begun construction of a shelter for trafficking victims which is due to open by mid-2009. The facility will house women and children. Currently, victims are referred to safe houses for abuse victims that are run by NGOs. Most NGO facilities house women and children. ¶26. 26 C. The Ministry of Justice has a Victims' Support Unit that provides trafficking victims access to legal, medical and psychological services. ¶27. 26 D. Foreign trafficking victims are allowed to stay in Jamaica until investigations of their cases have been completed and their safe return to their home countries is certain. ¶28. 26 E. The government does not have the resources to provide long-term shelter or housing benefits to victims or additional aid, but has referred victims to IOM, which has a global assistance fund available in some cases. ¶29. 26 F. The government uses 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 run by NGOs. ¶30. 26 G. IOM reported a total of five victims during the reporting period, all identified by law enforcement officials. One was referred to care facilities; the others returned to family homes. ¶31. 26 H. 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. ¶32. 26 I. The rights of victims are respected. They are not jailed or penalized. ¶33. 26 J. The government encourages victims to assist in the investigation and prosecution of trafficking. One victim assisted in the investigation and prosecution of traffickers during the reporting period. Victims may file civil suits or seek legal action against traffickers. No one impedes victim access to such legal redress. To date, there have been no cases in which a victim acted as a material witness in a court case against a former employer. The victim in such a case would be permitted to leave the country pending trial proceedings. ¶34. 26 K. The government has provide 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. The government has not provided training in protections and assistance to its embassies and consulates in foreign countries that are destination or transit countries. There were no reports of Jamaican trafficking victims seeking assistance in other countries over the reporting period. ¶35. 26 L. The government received no reports of victims abroad, and no one was repatriated to Jamaica during the reporting period. ¶36. 26 M. IOM works with trafficking victims, providing access to legal counsel, assisting in repatriation cases, and referring persons to shelters. IOM also provides reintegration assistance if necessary. Local NGOs including Women, Inc., People's Action for Community Transformation (PACT),the Theodora Project, and Church Action Negril did outreach to vulnerable communities for trafficking prevention, and provided shelters or counseling services to victims of various crimes, including any who were referred as trafficking victims. All organizations worked well with local authorities and received excellent cooperation. ¶37. 27 A. The government conducted anti-trafficking education campaigns in schools and rural communities. Local NGOs (mentioned in para 36) used videos and live theatrical performances to highlight the dangers of trafficking, and also included anti-trafficking components in outreach to vulnerable populations, especially in popular tourist destinations. The campaigns targeted potential trafficking victims. ¶38. 27 B. Information unavailable at this time as to whether the government monitors emigration/immigration patterns for evidence of trafficking. ¶39. 27 C. The National Anti-TIP task force acts as the coordinating mechanism for communication between various agencies, internal, international, and multilateral, on trafficking-related matters. ¶40. 27 D. The anti-TIP Task Force developed a national plan of action to address trafficking in persons. Members of the group include NGO representatives as well as government officials. The Task Force changed leadership in 2007, with a permanent secretary from the Ministry of Justice now the chairperson. ¶41. 27 E. Information unavailable at this time as to what measures the government has taken during the reporting period to reduce the demand for commercial sex acts. ¶42. 27 F. During the reporting period, the government has produced ads and held public awareness campaigns to reduce the participation in international child sex tourism by nationals of the country. Wehrli