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