Identifier
Created
Classification
Origin
09PORTAUPRINCE199
2009-02-20 18:17:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Port Au Prince
Cable title:
HAITI'S SUBMISSION FOR THE NINTH ANNUAL TIP REPORT
VZCZCXRO8427 PP RUEHQU DE RUEHPU #0199/01 0511817 ZNR UUUUU ZZH P 201817Z FEB 09 FM AMEMBASSY PORT AU PRINCE TO RUEHC/SECSTATE WASHDC PRIORITY 9638 INFO RUEHZH/HAITI COLLECTIVE PRIORITY RUEHBR/AMEMBASSY BRASILIA PRIORITY 2219 RUEHBH/AMEMBASSY NASSAU PRIORITY 2707 RUEHSA/AMEMBASSY PRETORIA PRIORITY 1961 RUEHDG/AMEMBASSY SANTO DOMINGO PRIORITY 0800 RUEHQU/AMCONSUL QUEBEC PRIORITY 1352 RUEAHLC/HOMELAND SECURITY CENTER WASHINGTON DC PRIORITY RUCNDT/USMISSION USUN NEW YORK PRIORITY 1785 RUMIAAA/HQ USSOUTHCOM J2 MIAMI FL PRIORITY RUEAWJA/DEPT OF JUSTICE WASHDC PRIORITY RUEHC/DEPT OF LABOR WASHDC PRIORITY RUEATRS/DEPT OF TREASURY WASHDC PRIORITY
UNCLAS SECTION 01 OF 10 PORT AU PRINCE 000199
SENSITIVE
SIPDIS
G/TIP
G-ACBLANK
INL
DRL
PRM
STATE FOR WHA/PPC, WHA/EX, AND WHA/CAR FOR JTILGHMAN
WHA/EX PLEASE PASS USOAS
STATE PLEASE PASS AID FOR LAC/CAR
S/CRS
SOUTHCOM ALSO FOR POLAD
INR/IAA
E.O. 12958: N/A
TAGS: KTIP KCRM PHUM KWMN SMIG KFRD ASEC PREF ELAB
HA, PGOV
SUBJECT: HAITI'S SUBMISSION FOR THE NINTH ANNUAL TIP REPORT
REF: A. SECSTATE 132759
B. PORT-AU-PRINCE 00121
PORT AU PR 00000199 001.2 OF 010
UNCLAS SECTION 01 OF 10 PORT AU PRINCE 000199
SENSITIVE
SIPDIS
G/TIP
G-ACBLANK
INL
DRL
PRM
STATE FOR WHA/PPC, WHA/EX, AND WHA/CAR FOR JTILGHMAN
WHA/EX PLEASE PASS USOAS
STATE PLEASE PASS AID FOR LAC/CAR
S/CRS
SOUTHCOM ALSO FOR POLAD
INR/IAA
E.O. 12958: N/A
TAGS: KTIP KCRM PHUM KWMN SMIG KFRD ASEC PREF ELAB
HA, PGOV
SUBJECT: HAITI'S SUBMISSION FOR THE NINTH ANNUAL TIP REPORT
REF: A. SECSTATE 132759
B. PORT-AU-PRINCE 00121
PORT AU PR 00000199 001.2 OF 010
1. This message is sensitive but unclassified - please
protect accordingly.
The following are Post's responses to reftel questions posed
for the reporting period.
HAITI'S TIP SITUATION
--------------
2. (SBU) Question 23:
-- A. Reliable sources for additional information include a
USAID-funded study conducted by Glenn R. Smucker and Gerald
F. Murray (December 2004),the UNICEF Child Alert report
(March 2006) and the Government of Haiti Ministry of Public
Health report, Mortality and Morbidity (2005-2006).
USAID funded an additional study conducted by anthropologist
Glenn R. Smucker. Electronic copies are available. The
report analyzes the situation of restavek children in Haiti.
The report is scheduled for release in February/March 2009.
The U.N. Stabilization Mission in Haiti (MINUSTAH) will
release the ''Eighth Global Report to the Secretary General
on Children and Armed Conflict in Haiti'' in March/April 2009.
-- B. Haiti is a country of origin for internationally
trafficked men, women and children. Most trafficking in
persons in Haiti involves children. Children from rural
areas move to urban cities for domestic labor, where they are
commonly referred to as ''restaveks'' (Creole word derived
from the French words ''rester avec'' meaning ''to stay
with''.) Several local and international NGOs differ on
whether restavek children are victims of trafficking. Some
consider all restaveks as victims of trafficking. Others
consider only abused restaveks as trafficking victims,
pointing to the significant number of restavek children who
live in social fosterage arrangements that offer better
conditions and opportunities than their households of origin.
Throughout the reporting period and following an economically
devastating season highlighted by violent riots and
hurricanes, poor rural families continued to send their
children to live and work as domestic servants with extended
family members or friends or wealthier families. Many NGOs
report that the incidence of restavek trafficking in urban
areas has markedly risen. Sending families hope that the
child will receive a better quality of life that includes
food, shelter and access to education, in exchange for
performing domestic chores. While some restaveks are cared
for and receive an education (most attend school in the
afternoon or evening after completion of chores),many are
exploited and considered victims of trafficking. These
children work excessive hours, receive no schooling or
payment and are often physically and/or sexually exploited.
An officer in MINUSTAH's Child Protection Unit Officer
reported that approximately 75 percent of restaveks are in
abusive situations. Some children escape abusive households
and become homeless street children. Oftentimes, restaveks
and street children lack birth certificates. The MINUSTAH
Child Protection Officer admitted the need for a bi-national
study on migration between Haiti and the Dominican Republic
which could establish reliable data on how many trafficking
victims in Haiti and the Dominican Republic are of Haitian
origin.
PORT AU PR 00000199 002.2 OF 010
The Government of Haiti (GoH) estimates that number of
restaveks as 90,000 to 120,000. UNICEF estimates run higher,
between 250,000 and 300,000. The UN Stabilization Mission in
Haiti's (MINUSTAH) Child Protection Unit estimates that there
are between 170,000 and 200,000 restaveks, 65 percent of
which are girls. UNICEF's 2006 Child Alert report noted that
one out of ten children in Haiti is a restavek.
Haitian law does not specifically prohibit trafficking in
persons, although labor legislation and other laws, including
those prohibiting and penalizing slavery, kidnapping and
rape, could be used to combat trafficking. Post is not aware
of a case where these laws are used in practice. Article 350
of the Haitian labor code requires payment to domestic
workers over the age of 15. This law encourages receiving
families/employers to dismiss restaveks before they reach
that age, which in turn contributes to a large population of
homeless street children. The informal and deeply-rooted
practice of restavek has existed for generations and is
directly related to Haiti's poverty, lack of economic
alternatives, and/or cultural norms of Haitian extended
families.
Most trafficking occurs within Haiti's borders and within
areas of government control. Absent an anti-trafficking law
and law enforcement capacity, including human and financial
resources, the GoH lacks a comprehensive counter trafficking
response to curb trafficking, protect victims and facilitate
prosecution of traffickers. An unknown number of Haitian
women, men and mostly children are trafficked into the
Dominican Republic, the Bahamas, the U.S., Europe, Canada and
Jamaica to work in domestic service, agriculture,
construction, among whom an unquantified amount are
similarly subject to abuse. Some women and minors are also
trafficked for sexual exploitation. An increasing number of
Haitian economic migrants illegally enter the DR where some
reportedly become trafficking victims.
Several NGOs reported a sharp increase in 2008 of Haitian
children trafficked for sexual and labor purposes, especially
to the Dominican Republic and the Bahamas.
Recent comprehensive figures on the trafficking of persons
across the country's borders are not available. The most
recent study of cross-border trafficking, conducted jointly
by UNICEF and IOM and published in August 2002, found that
between 2,000 and 3,000 Haitian children were sent to the
Dominican Republic each year. Girls between the ages of five
and fourteen are more vulnerable for placement in urban
households, while boys usually work in the agriculture
sector. Glenn R. Smucker's 2004 study of trafficking of
Haitian children indicated that despite the existence of GoH
and NGO estimates of the number of restavek children, there
are no reliable figures.
There is anecdotal evidence that some women who travel
voluntarily to the DR as economic migrants become victims of
sexual trafficking. A local NGO, the Support Group for
Repatriates and Refugees (Group d'Appui aux Repatriates et
Refugies - GARR) -- documented that in 2008 unidentified
''traffickers'' promised 49 Haitian women work in the
Dominican Republic and upon arrival were asked to prostitute
themselves. Some NGOs report sexual commercial exploitation
of Haitian women and girls at resorts in the Dominican
Republic. There are no reliable statistics.
PORT AU PR 00000199 003.2 OF 010
During the reporting period, Haiti has experienced severe
political and economic disruptions. The country experienced
serious inflation in food and fuel, which contributed to the
April 2008 food riots. Following these, Haiti was left
without a government for five months. Hurricanes and
tropical storms that ravaged much of Haiti during a
three-week period in August and September killed nearly 1,000
people, displaced 150,000, and caused extensive crop and
livestock damage. The global financial downturn has slowed
the flow of remittances. The social and economic disruptions
in the reporting period have increased the pressures thought
to contribute to both trafficking and the prevalence of
''restaveks.''
-- C. While some restaveks received adequate care including
an education, the Ministry of Social Affairs and reputable
NGOs believed that many host families compelled the children
to work long hours (cooking, cleaning, ironing, grocery
shopping) while providing them inadequate nourishment, and
frequently abusing them. Many restaveks worked in low-income
households; where living conditions, food, health care and
education for non-biological children were lower priorities.
Although not all restaveks are victimized, it is believed
that significant numbers are sexually exploited or otherwise
abused. However, there are no reliable statistics.
-- D. Poor children, women and men in Haiti are at risk of
being trafficked. Many Haitian babies never receive a birth
certificate thereby making him/her more susceptible to
trafficking and/or exploitation. MINUSTAH Child
Protection Officer said there are very few legal protections
offered to undocumented Haitians.
Most Haitian adults do have identity cards which were
required of vetting in previous elections. Lack of national
identification cards for some adults 18 and over also makes
those individuals more vulnerable to trafficking. The GoH's
Office of National Identification (ONI),with technical
assistance from the Organization of American States (OAS) and
the Government of Canada, is making efforts to make more
available national identification cards. ONI began
distribution of 170,000 new cards in the Artibonite, West,
and North West department and hopes to issue 700,000 for new
voters before Haiti's partial senatorial elections in April.
NGOs such as Save the Children (STC) work with children with
different types vulnerabilities to educate them and promote
their rights. STC worked with local organizations targeted
at youth, specifically the Haitian Coalition Defending Child
Rights' Observatory, which monitors and collects information
on children and shelters catering to children. The
collection of this data aids STC to identify cases of
exploitation, violence and trafficking. Many other
organizations rely on information shared from local NGOs and
community organizations.
-- E. Often times, children are sent to live with non-family
because the nuclear family lacks the resources to adequately
provide for the child. According to UNICEF, prospective
employers or intermediaries (traffickers) visit families and
promise, often mendaciously, that their children will be fed,
educated and cared for. Following the devastating hurricane
season, NGOs reported to a USAID-Haiti officer an increase in
transactional sex in the Artibonite area. NGOs speculated
that a large number are restavek children.
SETTING THE SCENE FOR THE GOH's ANTI-TIP EFFORTS
PORT AU PR 00000199 004.2 OF 010
-------------- --------------
3. (SBU) Question 24:
-- A. The GoH acknowledged that trafficking is a problem.
Many GoH institutions admitted that they lack sufficient
human, technical or financial resources to effectively
counter trafficking in persons or provide services to
trafficking victims.
-- B. Government agencies involved in anti-trafficking
efforts include:
The Social Welfare Institute (IBESR)
The Ministry of Social Affairs and Labor (MAST)
The Ministry of Interior and Territorial Collectivities
The Ministry of Justice and Public Security
The Ministry of Foreign Affairs
The Haitian National Police's (HNP) Brigade for the
Protection of Minors (BPM)
The Institute of Social Welfare and Research (IBESR) and the
BPM are the lead agencies combating trafficking of children
in Haiti. The Ministry of Social Affairs and Labor (MAST),
through (IBESR),is legally responsible for enforcing child
labor laws and is mandated to lead anti-child trafficking
efforts. Most NGOs cite IBESR's weak administrative capacity
and its lack of resources and support from the GoH. The same
NGOs, however, say that IBESR is cooperative and takes
advantage of training opportunities and NGO assistance.
IBERS lacks the resources to conduct independent
investigations into child trafficking or domestic servitude
although they have occasionally assisted other agencies and
NGOs.
The BPM is responsible for investigating crimes against
children and implementing child protection measures,
including against trafficking. However, as a matter of
policy, it does not seek or pursue restavek cases given the
absence of legal penalties against the practice. The BPM has
two holding cells in Port-au-Prince to serve as temporary
housing for minors. The BPM also lacked resources and
training to work effectively.
Minister of Social Affairs Gabrielle Baudin and Minister of
Feminine Condition Marie Laurence Jocelyn Lassague strongly
supported both the anti-trafficking and adoption draft laws,
neither of which was inserted into the 2008-09 legislative
agenda.
-- C. The GoH's ability to adequately address trafficking in
persons continues to be hampered by inadequate government
resources (including lack of capacity to adequately monitor
land and maritime borders); by government corruption; by
inadequate numbers, training and equipment for the national
police; and by perennially weak institutions. The absence of
criminal penalties for holding restaveks, in conjunction with
continuing (albeit eroding) social acceptance of the
practice, remain impediments to eradicating the restavek
phenomenon. The Ministry of Social Affairs, supported
principally by IOM and other NGOs, submitted the
anti-trafficking law to Parliament in April 2008. However,
the Parliament did not register it on the 2008-2009
legislative agenda. There is no general consensus as to why
the legislation was removed from the agenda.
-- D. The GoH has no systematic monitoring mechanism to
PORT AU PR 00000199 005.2 OF 010
document anti-trafficking efforts. The GoH, specifically
IBESR, provides unofficial basic reports upon request to NGOs
such as UNICEF recording visits to orphanages and shelters
(i.e. accounting for the number of children). Other NGOs
such as IOM, Save the Children and the Pan American
Development Foundation (PADF) receive no reports from the GoH.
INVESTIGATION AND PROSECUTION OF TRAFFICKERS
--------------
4. (SBU) Question 25:
-- A. Haiti does not have a law specifically prohibiting the
trafficking of persons, either for sexual purposes or labor.
There are no legal penalties for employing children in
domestic labor as restaveks. However, children ages 15-18
years old must obtain a work authorization from the Ministry
of Labor and employing a minor without the authorization is
punishable by fines. There are other laws available to the
GoH for use in combating human trafficking which the
Government does not apply to restavek situations. These
include labor laws and laws prohibiting and penalizing
slavery, kidnapping and rape. Haitian law prohibits the
forced labor of adults and children.
An assembly of international donor agencies, local and
international NGOs, commonly known as the ''Collectif,'' has
plans to continue to pressure Parliament to add the
anti-trafficking law to the 2008-09 legislative agenda.
Thereafter, it plans to offer training to members of
parliament on trafficking that would educate members them on
the distinction between abusive/exploitative and non-abusive
restaveks.
-- B. Haiti does not have specific penalties for trafficking
people for sexual exploitation.
-- C. Haiti does not have specific penalties for trafficking
people for labor exploitation.
-- D. In September 2005, the president of the Interim
Government issued a decree criminalizing rape. The penalty
for rape is a minimum of 10 years, increasing to 15 years if
victim is younger than 16 years old, and life or hard labor
for premeditated rape. There is no specific penalty for, or
statute prohibiting trafficking for commercial sexual
exploitation.
National police statistics showed that 282 rapes were
reported during 2008, an 89 percent increase from the 2007
figure of 149. Ninety rape victims were adult women, 189 were
female minors, two were adult men, and one was a male minor.
Post does now know how many of these cases, if any, were
linked to trafficking. MINUSTAH cited difficulty in
persuading judges and the Haitian national police to give
adequate attention to rape cases.
In 2007 doctors and hospitals began issuing free medical
certificates to victims of sexual aggression, including rape,
for use when pressing charges against attackers. The
Ministry of Feminine Condition strongly advocated this
initiative.
-- E. Lacking an anti-trafficking law the GoH did not
prosecute any cases against traffickers. Most reporting
generally comes from UN agency analyses, local and
international NGOs. The government did not collect
PORT AU PR 00000199 006.2 OF 010
statistics on trafficking or exploitation.
-- F. NGOs offered training to GoH officials on how to
recognize trafficking. PADF, through a USAID-funded program,
conducted multiple training sessions for local NGOs, IBESR
and BPM on identification of trafficking in persons activity.
Save the Children implemented two projects that aimed to
enhance GoH capacity to protect Haitian children, combat
trafficking in persons and address the needs of child
victims. Training themes included (''identification of
sexually abused children, assistance to victims, reinsertion
of victims into their families, non-violent discipline in the
family, and child rights. STC reported that the GoH was
cooperative and participated in many training sessions
offered.
-- G. Refer to answer in Question 25 E.
-- H. Haitian law prohibits the extradition of Haitian
nationals under any circumstances and for any crime.
There is no effort within the GoH to modify that law.
-- I. There is no evidence that GoH officials are involved in
or tolerate trafficking.
-- J. N/A
-- K. Prostitution is illegal in Haiti; however, there are no
specific penalties for persons engaging in related
activities, such as brothel owners/operators, clients, pimps
or enforcers. Despite the law, prostitution remains a
widespread practice, particularly among women and girls.
Local NGOs reported that police generally ignored
prostitution. NGOs report an increase in prostitution in the
Gonaives and St. Marc areas following the 2008 hurricanes.
STC works with an all-girl shelter catering to street
children. STC reported that a number of the girls were
victims of child prostitution. STC did not provide the exact
number. GARR has a project in two border towns, Perdenales
and Lascahobas, that offers services to prostitution victims.
-- L. Haiti does not contribute troops to international
peacekeeping forces. Haiti does not have a standing military.
-- M. Haiti does not have an identified problem of child sex
tourists coming to the country. Some NGOs, however, shared
reports of UN military personnel exploiting child prostitutes
in Haiti. The GoH helped the Government of Canada
authorities investigate and collect evidence to prosecute two
Quebec aid workers for abusing teenage boys while working at
an orphanage in Les Cayes in November 2008. A Canadian court
tried and sentenced the perpetrators to two years in prison.
The Haitian National Police, with the support of and
cooperation from UNPOL, IBESR and NGOs, led the
investigation.
Haiti is a transit and destination country for Dominican
women and girls on a smaller scale. Women (ages unknown)
from the Dominican Republic are frequently trafficked into
Haiti for prostitution. Also refer to answer in Question 25 E.
PROTECTION AND ASSISTANCE TO VICTIMS
--------------
5. (SBU) Question 26:
PORT AU PR 00000199 007.2 OF 010
-- A. Haiti does not have an anti-trafficking law that
mandates protection to Haitian citizens. The GoH lacks
resources and therefore provides few direct resources to
assist victims of trafficking. The recently renovated
shelter for children in Carrefour, the ''Centre d'Accueil,''
presently holds 400 children with five caretakers.
All institutional care centers are privately-run. The GoH
refers orphans and street children to the institutions. The
capacity of the GoH to monitor these centers in the capital
is improving but remains weak at the departmental level.
UNICEF provides support to IBESR (social welfare agency of
the Ministry of Social Affairs) in strengthening the
monitoring and evaluation system of such institutions. IBESR
has evaluated 73 of 133 registered care centers in
Port-au-Prince. IBESR issued injunctions to centers that
need to improve knowledge and practice of child rights and
protection.
MINUSTAH's Child Protection and Civil Affairs Units provides
support to the four regions where IBESR is represented-
Port-au-Paix, Cap Haitien, Gonaives and Jeremie, but IBESR's
limited local capacity provided minimal progress. Many NGOs
provided services to a number of repatriated Haitians from
the DR, but it is unclear exactly how many recipients were
victims of trafficking.
Appeal for emergency relief following the August-September
hurricanes exposed a number of unregistered orphanages. Many
of the children were found not to be orphans and are believed
to be exposed to child trafficking and exploitation outside
of a legal and protective environment. IBESR and UNICEF
estimate up to 500 unauthorized institutions hosting children.
-- B. The GoH generally did not provide protection, shelter
or assistance to victims and witnesses. The GoH referred
victims to NGOs for services. International agencies and
NGOs such as UNICEF, PADF (USAID-funded) and Save the
Children (STC) offered support programs designed to assist
street children and/or trafficked victims with daily needs
and to explore re-insertion into biological families. Save
the Children reinserted 28 trafficked girls into their homes.
STC representative said that out of the 600 children it has
worked with in the last year, 70-80 percent were restaveks
and street children.
PADF, in a USAID-funded project, supported two shelters
throughout Haiti and helped place approximately 250 children
(homeless street children and restaveks) in protective
shelter and protective services in Port au Prince and Cap
Haitien in 2008. PADF reported that there are approximately
3,000-4,000 restaveks in Cap Haitien. PADF fully supported
19 documented restaveks who were subject to abuse. The
children received shelter, food, medical care and access to
education. PADF also supported approximately 230 children in
a shelter facility in Port au Prince that offers a range of
temporary and some permanent services.
-- C. Haiti's FY 2009 national budget allocated USD 925,000
(37,000,000 Haitian Gourdes) to the Ministry of Social
Affair's IBESR, of which USD 675,000 is specifically for
salaries and USD 250,000 for purchase of equipment and other
expenses. IBESR generates additional revenue from adoption
fees and other service fees that are also mainly used for
salaries. IBESR's limited budget constrains capacity to
invest in counter-trafficking or exploitation cases.
PORT AU PR 00000199 008.2 OF 010
The GoH did not provide funding to NGOs for services of
trafficking. The GoH, especially IBESR, however, was more
actively involved in the monitoring of shelters and
orphanages. Also refer to answer in Question 26 A.
-- D. Refer to answer in Question 26 A.
-- E. The government assisted in providing longer-term
shelter only in the case of a limited number of children.
See Question 26 A.
-- F. BPM, in its mandate of child protection, has the task
of referring all children in custody to IBESR for
disposition. Refer to answer in Question 26 A.
-- G. The most recent study of trafficking across the border
in August 2002, conducted jointly by UNICEF and IOM, found
that between 2,000 and 3,000 Haitian children were sent to
the Dominican Republic each year. Several NGOs reported a
sharp increase during 2008 of child trafficking for sexual
and labor purposes, especially to the Dominican Republic and
the Bahamas. UNICEF estimated that approximately 30,000
children were trafficked into the DR. The Support Group for
Repatriated and Refugees (Group d'Appui au Repatriates et
Refugies -GARR),a local respected and specialized NGO
working on the Haiti-DR border since 2001, noted a
substantial increase in child trafficking to the Bahamas;
exact numbers are unavailable.
GARR reported that Dominican authorities repatriated to Haiti
746 Haitian children. GARR is not aware of how many were
victims of trafficking. A trafficking victim does not
usually disclose that he/she was trafficked or abused. GARR
also reported that in June 2008, 75 children were arrested
and repatriated from the Dominican Republic. GARR was
unaware of how many, if any, were trafficking victims. The
Dominican Republic in July repatriated 115 Haitians, mostly
women and children who were engaged in child labor and/or
sexual exploitation activities. According to IOM, based on
reports from its contacts in local and community
organizations, approximately 30,000 children are trafficked
into the DR each year. However, Post is unaware of any
reliable statistical data which would support a figure of
this magnitude. MINUSTAH reported information from local NGO
Solidarite Fwontalye that on June 24, Dominican authorities
repatriated 45 minors (28 girls and 17 boys) to Ouanaminthe
(close to Cap Haitien). Post is unaware if any were
trafficking victims.
In July 2008, MINUSTAH, in partnership with IOM and PADF
(USAID-funded),provided support to Haitian authorities for
the transportation of 47 children victims of trafficking,
aged between two and eight years, from Port au Prince to be
reunified with their families in Jeremie.
-- H. The GoH acknowledged the problem of internal
trafficking, including that of children. BPM, a branch of
the Haitian national police, investigated cases of child
trafficking and monitored the movement of children across the
border with the DR but faced barriers, such as the lack of a
law and meager resources, to achieve operational
effectiveness. Local and international NGOs were at the
forefront of combating international trafficking of children.
-- I. Victims are not fined, prosecuted, detained, jailed or
deported.
PORT AU PR 00000199 009.2 OF 010
-- J. There is no evidence that the GoH encourages victims to
assist in the investigation and prosecution of trafficking.
Victims with financial means may file a civil suit against
alleged traffickers, but lawsuits may take several years to
litigate. The GoH does not have a victim restitution program.
-- K. Refer to answer 25 F.
-- L. The GoH is mandated by law to provide financial
assistance to its repatriated nationals regardless of
circumstance. Financial assistance is not contingent upon
being a victim of trafficking. The GoH is responsible for
providing approximately USD 10 to assist in the repatriates
return to his/her region of origin and a meal. Some NGOs
stated that the GoH did not habitually provide these services
in practice.
-- M. The Pan American Development Foundation (PADF) provides
direct services to trafficked children, including shelter,
education and health care, and supports the training of GoH
officials to identify trafficking victims and activity and
promotes advocacy efforts. PADF is also helping create a
cross-border awareness campaign; a program for referral to
shelters and protection services for women and children; an
expansion of temporary border area shelter capacity and
victims care services; and training of border area
authorities.
Other intergovernmental organizations and NGOs that work with
trafficking victims and receive cooperation from the
GoH include MINUSTAH, UNICEF, IOM, STC, GARR, Catholic Relief
Services (CRS),World Vision and Solidarite
Fwontalye/Solidaridad Fronteriza, among several other local
NGOs and community organizations. Refer to answers in
Questions 23 D, 24 C, 25 E, 25 F, 25 K, 26 A and 26 B.
Local authorities cooperated in referring and coordinating
the abovementioned services.
PREVENTION
--------------
6. (SBU) Question 27:
-- A. The GoH did not sponsor anti-trafficking information or
education campaigns during the reporting period. NGOs did
sponsor such programs for the broader public, such as radio
announcements in border towns, in cooperation with GoH
officials.
-- B. The National Office of Migration (ONM) mandate includes
documentation and registering of trafficking cases. NGOs
reports that the ONM does not fulfill its mandate and that
most statistics it produces are unreliable.
The GoH lacks the resources and manpower to adequately
monitor and secure its borders. Airport officials ask
additional questions and require supplemental documentation
before clearing unaccompanied minors.
-- C. The assembly of NGOs and foreign donor agencies known
at the ''Collectif'' (referred to in Question 25 A),is the
only mechanism between various agencies, internal,
international, or multilateral on trafficking-related matters.
-- D. The GoH has no national plan of action to address
trafficking in persons.
PORT AU PR 00000199 010.2 OF 010
-- E. GOH officials' participation in NGO-implemented
training is the only measure the government has taken to
reduce the demand for commercial sex acts.
-- F. GOH participation in NGO-implemented trainings for its
officials is the measure the government has taken to reduce
participation in international child sex tourism by
nationals.
-- G. Not applicable. Haiti does not contribute troops to
international peacekeeping efforts.
NOMINATION OF HEROES AND BEST PRACTICES
--------------
7. (U) Post has no nominations for the heroes category or
selections for the best practices category.
EMBASSY CONTACT INFORMATION
--------------
8. (U) Embassy Economic/Political Officer Madelina Young is
the point of contact on trafficking issues. She can be
reached at 011-509-22-29-8000 x 8044 or at YoungMM@state.gov.
Ms. Young spent 120 hours on compiling and drafting the
report. (Note: After July 6, 2009, please refer all inquiries
to Kathy-Lee Galvin at GalvinK@state.gov or
011-509-22-29-8000 x8241. The fax number for Ms. Young and
Ms. Galvin is 011-509-22-29-80-24. End note.)
SANDERSON
SENSITIVE
SIPDIS
G/TIP
G-ACBLANK
INL
DRL
PRM
STATE FOR WHA/PPC, WHA/EX, AND WHA/CAR FOR JTILGHMAN
WHA/EX PLEASE PASS USOAS
STATE PLEASE PASS AID FOR LAC/CAR
S/CRS
SOUTHCOM ALSO FOR POLAD
INR/IAA
E.O. 12958: N/A
TAGS: KTIP KCRM PHUM KWMN SMIG KFRD ASEC PREF ELAB
HA, PGOV
SUBJECT: HAITI'S SUBMISSION FOR THE NINTH ANNUAL TIP REPORT
REF: A. SECSTATE 132759
B. PORT-AU-PRINCE 00121
PORT AU PR 00000199 001.2 OF 010
1. This message is sensitive but unclassified - please
protect accordingly.
The following are Post's responses to reftel questions posed
for the reporting period.
HAITI'S TIP SITUATION
--------------
2. (SBU) Question 23:
-- A. Reliable sources for additional information include a
USAID-funded study conducted by Glenn R. Smucker and Gerald
F. Murray (December 2004),the UNICEF Child Alert report
(March 2006) and the Government of Haiti Ministry of Public
Health report, Mortality and Morbidity (2005-2006).
USAID funded an additional study conducted by anthropologist
Glenn R. Smucker. Electronic copies are available. The
report analyzes the situation of restavek children in Haiti.
The report is scheduled for release in February/March 2009.
The U.N. Stabilization Mission in Haiti (MINUSTAH) will
release the ''Eighth Global Report to the Secretary General
on Children and Armed Conflict in Haiti'' in March/April 2009.
-- B. Haiti is a country of origin for internationally
trafficked men, women and children. Most trafficking in
persons in Haiti involves children. Children from rural
areas move to urban cities for domestic labor, where they are
commonly referred to as ''restaveks'' (Creole word derived
from the French words ''rester avec'' meaning ''to stay
with''.) Several local and international NGOs differ on
whether restavek children are victims of trafficking. Some
consider all restaveks as victims of trafficking. Others
consider only abused restaveks as trafficking victims,
pointing to the significant number of restavek children who
live in social fosterage arrangements that offer better
conditions and opportunities than their households of origin.
Throughout the reporting period and following an economically
devastating season highlighted by violent riots and
hurricanes, poor rural families continued to send their
children to live and work as domestic servants with extended
family members or friends or wealthier families. Many NGOs
report that the incidence of restavek trafficking in urban
areas has markedly risen. Sending families hope that the
child will receive a better quality of life that includes
food, shelter and access to education, in exchange for
performing domestic chores. While some restaveks are cared
for and receive an education (most attend school in the
afternoon or evening after completion of chores),many are
exploited and considered victims of trafficking. These
children work excessive hours, receive no schooling or
payment and are often physically and/or sexually exploited.
An officer in MINUSTAH's Child Protection Unit Officer
reported that approximately 75 percent of restaveks are in
abusive situations. Some children escape abusive households
and become homeless street children. Oftentimes, restaveks
and street children lack birth certificates. The MINUSTAH
Child Protection Officer admitted the need for a bi-national
study on migration between Haiti and the Dominican Republic
which could establish reliable data on how many trafficking
victims in Haiti and the Dominican Republic are of Haitian
origin.
PORT AU PR 00000199 002.2 OF 010
The Government of Haiti (GoH) estimates that number of
restaveks as 90,000 to 120,000. UNICEF estimates run higher,
between 250,000 and 300,000. The UN Stabilization Mission in
Haiti's (MINUSTAH) Child Protection Unit estimates that there
are between 170,000 and 200,000 restaveks, 65 percent of
which are girls. UNICEF's 2006 Child Alert report noted that
one out of ten children in Haiti is a restavek.
Haitian law does not specifically prohibit trafficking in
persons, although labor legislation and other laws, including
those prohibiting and penalizing slavery, kidnapping and
rape, could be used to combat trafficking. Post is not aware
of a case where these laws are used in practice. Article 350
of the Haitian labor code requires payment to domestic
workers over the age of 15. This law encourages receiving
families/employers to dismiss restaveks before they reach
that age, which in turn contributes to a large population of
homeless street children. The informal and deeply-rooted
practice of restavek has existed for generations and is
directly related to Haiti's poverty, lack of economic
alternatives, and/or cultural norms of Haitian extended
families.
Most trafficking occurs within Haiti's borders and within
areas of government control. Absent an anti-trafficking law
and law enforcement capacity, including human and financial
resources, the GoH lacks a comprehensive counter trafficking
response to curb trafficking, protect victims and facilitate
prosecution of traffickers. An unknown number of Haitian
women, men and mostly children are trafficked into the
Dominican Republic, the Bahamas, the U.S., Europe, Canada and
Jamaica to work in domestic service, agriculture,
construction, among whom an unquantified amount are
similarly subject to abuse. Some women and minors are also
trafficked for sexual exploitation. An increasing number of
Haitian economic migrants illegally enter the DR where some
reportedly become trafficking victims.
Several NGOs reported a sharp increase in 2008 of Haitian
children trafficked for sexual and labor purposes, especially
to the Dominican Republic and the Bahamas.
Recent comprehensive figures on the trafficking of persons
across the country's borders are not available. The most
recent study of cross-border trafficking, conducted jointly
by UNICEF and IOM and published in August 2002, found that
between 2,000 and 3,000 Haitian children were sent to the
Dominican Republic each year. Girls between the ages of five
and fourteen are more vulnerable for placement in urban
households, while boys usually work in the agriculture
sector. Glenn R. Smucker's 2004 study of trafficking of
Haitian children indicated that despite the existence of GoH
and NGO estimates of the number of restavek children, there
are no reliable figures.
There is anecdotal evidence that some women who travel
voluntarily to the DR as economic migrants become victims of
sexual trafficking. A local NGO, the Support Group for
Repatriates and Refugees (Group d'Appui aux Repatriates et
Refugies - GARR) -- documented that in 2008 unidentified
''traffickers'' promised 49 Haitian women work in the
Dominican Republic and upon arrival were asked to prostitute
themselves. Some NGOs report sexual commercial exploitation
of Haitian women and girls at resorts in the Dominican
Republic. There are no reliable statistics.
PORT AU PR 00000199 003.2 OF 010
During the reporting period, Haiti has experienced severe
political and economic disruptions. The country experienced
serious inflation in food and fuel, which contributed to the
April 2008 food riots. Following these, Haiti was left
without a government for five months. Hurricanes and
tropical storms that ravaged much of Haiti during a
three-week period in August and September killed nearly 1,000
people, displaced 150,000, and caused extensive crop and
livestock damage. The global financial downturn has slowed
the flow of remittances. The social and economic disruptions
in the reporting period have increased the pressures thought
to contribute to both trafficking and the prevalence of
''restaveks.''
-- C. While some restaveks received adequate care including
an education, the Ministry of Social Affairs and reputable
NGOs believed that many host families compelled the children
to work long hours (cooking, cleaning, ironing, grocery
shopping) while providing them inadequate nourishment, and
frequently abusing them. Many restaveks worked in low-income
households; where living conditions, food, health care and
education for non-biological children were lower priorities.
Although not all restaveks are victimized, it is believed
that significant numbers are sexually exploited or otherwise
abused. However, there are no reliable statistics.
-- D. Poor children, women and men in Haiti are at risk of
being trafficked. Many Haitian babies never receive a birth
certificate thereby making him/her more susceptible to
trafficking and/or exploitation. MINUSTAH Child
Protection Officer said there are very few legal protections
offered to undocumented Haitians.
Most Haitian adults do have identity cards which were
required of vetting in previous elections. Lack of national
identification cards for some adults 18 and over also makes
those individuals more vulnerable to trafficking. The GoH's
Office of National Identification (ONI),with technical
assistance from the Organization of American States (OAS) and
the Government of Canada, is making efforts to make more
available national identification cards. ONI began
distribution of 170,000 new cards in the Artibonite, West,
and North West department and hopes to issue 700,000 for new
voters before Haiti's partial senatorial elections in April.
NGOs such as Save the Children (STC) work with children with
different types vulnerabilities to educate them and promote
their rights. STC worked with local organizations targeted
at youth, specifically the Haitian Coalition Defending Child
Rights' Observatory, which monitors and collects information
on children and shelters catering to children. The
collection of this data aids STC to identify cases of
exploitation, violence and trafficking. Many other
organizations rely on information shared from local NGOs and
community organizations.
-- E. Often times, children are sent to live with non-family
because the nuclear family lacks the resources to adequately
provide for the child. According to UNICEF, prospective
employers or intermediaries (traffickers) visit families and
promise, often mendaciously, that their children will be fed,
educated and cared for. Following the devastating hurricane
season, NGOs reported to a USAID-Haiti officer an increase in
transactional sex in the Artibonite area. NGOs speculated
that a large number are restavek children.
SETTING THE SCENE FOR THE GOH's ANTI-TIP EFFORTS
PORT AU PR 00000199 004.2 OF 010
-------------- --------------
3. (SBU) Question 24:
-- A. The GoH acknowledged that trafficking is a problem.
Many GoH institutions admitted that they lack sufficient
human, technical or financial resources to effectively
counter trafficking in persons or provide services to
trafficking victims.
-- B. Government agencies involved in anti-trafficking
efforts include:
The Social Welfare Institute (IBESR)
The Ministry of Social Affairs and Labor (MAST)
The Ministry of Interior and Territorial Collectivities
The Ministry of Justice and Public Security
The Ministry of Foreign Affairs
The Haitian National Police's (HNP) Brigade for the
Protection of Minors (BPM)
The Institute of Social Welfare and Research (IBESR) and the
BPM are the lead agencies combating trafficking of children
in Haiti. The Ministry of Social Affairs and Labor (MAST),
through (IBESR),is legally responsible for enforcing child
labor laws and is mandated to lead anti-child trafficking
efforts. Most NGOs cite IBESR's weak administrative capacity
and its lack of resources and support from the GoH. The same
NGOs, however, say that IBESR is cooperative and takes
advantage of training opportunities and NGO assistance.
IBERS lacks the resources to conduct independent
investigations into child trafficking or domestic servitude
although they have occasionally assisted other agencies and
NGOs.
The BPM is responsible for investigating crimes against
children and implementing child protection measures,
including against trafficking. However, as a matter of
policy, it does not seek or pursue restavek cases given the
absence of legal penalties against the practice. The BPM has
two holding cells in Port-au-Prince to serve as temporary
housing for minors. The BPM also lacked resources and
training to work effectively.
Minister of Social Affairs Gabrielle Baudin and Minister of
Feminine Condition Marie Laurence Jocelyn Lassague strongly
supported both the anti-trafficking and adoption draft laws,
neither of which was inserted into the 2008-09 legislative
agenda.
-- C. The GoH's ability to adequately address trafficking in
persons continues to be hampered by inadequate government
resources (including lack of capacity to adequately monitor
land and maritime borders); by government corruption; by
inadequate numbers, training and equipment for the national
police; and by perennially weak institutions. The absence of
criminal penalties for holding restaveks, in conjunction with
continuing (albeit eroding) social acceptance of the
practice, remain impediments to eradicating the restavek
phenomenon. The Ministry of Social Affairs, supported
principally by IOM and other NGOs, submitted the
anti-trafficking law to Parliament in April 2008. However,
the Parliament did not register it on the 2008-2009
legislative agenda. There is no general consensus as to why
the legislation was removed from the agenda.
-- D. The GoH has no systematic monitoring mechanism to
PORT AU PR 00000199 005.2 OF 010
document anti-trafficking efforts. The GoH, specifically
IBESR, provides unofficial basic reports upon request to NGOs
such as UNICEF recording visits to orphanages and shelters
(i.e. accounting for the number of children). Other NGOs
such as IOM, Save the Children and the Pan American
Development Foundation (PADF) receive no reports from the GoH.
INVESTIGATION AND PROSECUTION OF TRAFFICKERS
--------------
4. (SBU) Question 25:
-- A. Haiti does not have a law specifically prohibiting the
trafficking of persons, either for sexual purposes or labor.
There are no legal penalties for employing children in
domestic labor as restaveks. However, children ages 15-18
years old must obtain a work authorization from the Ministry
of Labor and employing a minor without the authorization is
punishable by fines. There are other laws available to the
GoH for use in combating human trafficking which the
Government does not apply to restavek situations. These
include labor laws and laws prohibiting and penalizing
slavery, kidnapping and rape. Haitian law prohibits the
forced labor of adults and children.
An assembly of international donor agencies, local and
international NGOs, commonly known as the ''Collectif,'' has
plans to continue to pressure Parliament to add the
anti-trafficking law to the 2008-09 legislative agenda.
Thereafter, it plans to offer training to members of
parliament on trafficking that would educate members them on
the distinction between abusive/exploitative and non-abusive
restaveks.
-- B. Haiti does not have specific penalties for trafficking
people for sexual exploitation.
-- C. Haiti does not have specific penalties for trafficking
people for labor exploitation.
-- D. In September 2005, the president of the Interim
Government issued a decree criminalizing rape. The penalty
for rape is a minimum of 10 years, increasing to 15 years if
victim is younger than 16 years old, and life or hard labor
for premeditated rape. There is no specific penalty for, or
statute prohibiting trafficking for commercial sexual
exploitation.
National police statistics showed that 282 rapes were
reported during 2008, an 89 percent increase from the 2007
figure of 149. Ninety rape victims were adult women, 189 were
female minors, two were adult men, and one was a male minor.
Post does now know how many of these cases, if any, were
linked to trafficking. MINUSTAH cited difficulty in
persuading judges and the Haitian national police to give
adequate attention to rape cases.
In 2007 doctors and hospitals began issuing free medical
certificates to victims of sexual aggression, including rape,
for use when pressing charges against attackers. The
Ministry of Feminine Condition strongly advocated this
initiative.
-- E. Lacking an anti-trafficking law the GoH did not
prosecute any cases against traffickers. Most reporting
generally comes from UN agency analyses, local and
international NGOs. The government did not collect
PORT AU PR 00000199 006.2 OF 010
statistics on trafficking or exploitation.
-- F. NGOs offered training to GoH officials on how to
recognize trafficking. PADF, through a USAID-funded program,
conducted multiple training sessions for local NGOs, IBESR
and BPM on identification of trafficking in persons activity.
Save the Children implemented two projects that aimed to
enhance GoH capacity to protect Haitian children, combat
trafficking in persons and address the needs of child
victims. Training themes included (''identification of
sexually abused children, assistance to victims, reinsertion
of victims into their families, non-violent discipline in the
family, and child rights. STC reported that the GoH was
cooperative and participated in many training sessions
offered.
-- G. Refer to answer in Question 25 E.
-- H. Haitian law prohibits the extradition of Haitian
nationals under any circumstances and for any crime.
There is no effort within the GoH to modify that law.
-- I. There is no evidence that GoH officials are involved in
or tolerate trafficking.
-- J. N/A
-- K. Prostitution is illegal in Haiti; however, there are no
specific penalties for persons engaging in related
activities, such as brothel owners/operators, clients, pimps
or enforcers. Despite the law, prostitution remains a
widespread practice, particularly among women and girls.
Local NGOs reported that police generally ignored
prostitution. NGOs report an increase in prostitution in the
Gonaives and St. Marc areas following the 2008 hurricanes.
STC works with an all-girl shelter catering to street
children. STC reported that a number of the girls were
victims of child prostitution. STC did not provide the exact
number. GARR has a project in two border towns, Perdenales
and Lascahobas, that offers services to prostitution victims.
-- L. Haiti does not contribute troops to international
peacekeeping forces. Haiti does not have a standing military.
-- M. Haiti does not have an identified problem of child sex
tourists coming to the country. Some NGOs, however, shared
reports of UN military personnel exploiting child prostitutes
in Haiti. The GoH helped the Government of Canada
authorities investigate and collect evidence to prosecute two
Quebec aid workers for abusing teenage boys while working at
an orphanage in Les Cayes in November 2008. A Canadian court
tried and sentenced the perpetrators to two years in prison.
The Haitian National Police, with the support of and
cooperation from UNPOL, IBESR and NGOs, led the
investigation.
Haiti is a transit and destination country for Dominican
women and girls on a smaller scale. Women (ages unknown)
from the Dominican Republic are frequently trafficked into
Haiti for prostitution. Also refer to answer in Question 25 E.
PROTECTION AND ASSISTANCE TO VICTIMS
--------------
5. (SBU) Question 26:
PORT AU PR 00000199 007.2 OF 010
-- A. Haiti does not have an anti-trafficking law that
mandates protection to Haitian citizens. The GoH lacks
resources and therefore provides few direct resources to
assist victims of trafficking. The recently renovated
shelter for children in Carrefour, the ''Centre d'Accueil,''
presently holds 400 children with five caretakers.
All institutional care centers are privately-run. The GoH
refers orphans and street children to the institutions. The
capacity of the GoH to monitor these centers in the capital
is improving but remains weak at the departmental level.
UNICEF provides support to IBESR (social welfare agency of
the Ministry of Social Affairs) in strengthening the
monitoring and evaluation system of such institutions. IBESR
has evaluated 73 of 133 registered care centers in
Port-au-Prince. IBESR issued injunctions to centers that
need to improve knowledge and practice of child rights and
protection.
MINUSTAH's Child Protection and Civil Affairs Units provides
support to the four regions where IBESR is represented-
Port-au-Paix, Cap Haitien, Gonaives and Jeremie, but IBESR's
limited local capacity provided minimal progress. Many NGOs
provided services to a number of repatriated Haitians from
the DR, but it is unclear exactly how many recipients were
victims of trafficking.
Appeal for emergency relief following the August-September
hurricanes exposed a number of unregistered orphanages. Many
of the children were found not to be orphans and are believed
to be exposed to child trafficking and exploitation outside
of a legal and protective environment. IBESR and UNICEF
estimate up to 500 unauthorized institutions hosting children.
-- B. The GoH generally did not provide protection, shelter
or assistance to victims and witnesses. The GoH referred
victims to NGOs for services. International agencies and
NGOs such as UNICEF, PADF (USAID-funded) and Save the
Children (STC) offered support programs designed to assist
street children and/or trafficked victims with daily needs
and to explore re-insertion into biological families. Save
the Children reinserted 28 trafficked girls into their homes.
STC representative said that out of the 600 children it has
worked with in the last year, 70-80 percent were restaveks
and street children.
PADF, in a USAID-funded project, supported two shelters
throughout Haiti and helped place approximately 250 children
(homeless street children and restaveks) in protective
shelter and protective services in Port au Prince and Cap
Haitien in 2008. PADF reported that there are approximately
3,000-4,000 restaveks in Cap Haitien. PADF fully supported
19 documented restaveks who were subject to abuse. The
children received shelter, food, medical care and access to
education. PADF also supported approximately 230 children in
a shelter facility in Port au Prince that offers a range of
temporary and some permanent services.
-- C. Haiti's FY 2009 national budget allocated USD 925,000
(37,000,000 Haitian Gourdes) to the Ministry of Social
Affair's IBESR, of which USD 675,000 is specifically for
salaries and USD 250,000 for purchase of equipment and other
expenses. IBESR generates additional revenue from adoption
fees and other service fees that are also mainly used for
salaries. IBESR's limited budget constrains capacity to
invest in counter-trafficking or exploitation cases.
PORT AU PR 00000199 008.2 OF 010
The GoH did not provide funding to NGOs for services of
trafficking. The GoH, especially IBESR, however, was more
actively involved in the monitoring of shelters and
orphanages. Also refer to answer in Question 26 A.
-- D. Refer to answer in Question 26 A.
-- E. The government assisted in providing longer-term
shelter only in the case of a limited number of children.
See Question 26 A.
-- F. BPM, in its mandate of child protection, has the task
of referring all children in custody to IBESR for
disposition. Refer to answer in Question 26 A.
-- G. The most recent study of trafficking across the border
in August 2002, conducted jointly by UNICEF and IOM, found
that between 2,000 and 3,000 Haitian children were sent to
the Dominican Republic each year. Several NGOs reported a
sharp increase during 2008 of child trafficking for sexual
and labor purposes, especially to the Dominican Republic and
the Bahamas. UNICEF estimated that approximately 30,000
children were trafficked into the DR. The Support Group for
Repatriated and Refugees (Group d'Appui au Repatriates et
Refugies -GARR),a local respected and specialized NGO
working on the Haiti-DR border since 2001, noted a
substantial increase in child trafficking to the Bahamas;
exact numbers are unavailable.
GARR reported that Dominican authorities repatriated to Haiti
746 Haitian children. GARR is not aware of how many were
victims of trafficking. A trafficking victim does not
usually disclose that he/she was trafficked or abused. GARR
also reported that in June 2008, 75 children were arrested
and repatriated from the Dominican Republic. GARR was
unaware of how many, if any, were trafficking victims. The
Dominican Republic in July repatriated 115 Haitians, mostly
women and children who were engaged in child labor and/or
sexual exploitation activities. According to IOM, based on
reports from its contacts in local and community
organizations, approximately 30,000 children are trafficked
into the DR each year. However, Post is unaware of any
reliable statistical data which would support a figure of
this magnitude. MINUSTAH reported information from local NGO
Solidarite Fwontalye that on June 24, Dominican authorities
repatriated 45 minors (28 girls and 17 boys) to Ouanaminthe
(close to Cap Haitien). Post is unaware if any were
trafficking victims.
In July 2008, MINUSTAH, in partnership with IOM and PADF
(USAID-funded),provided support to Haitian authorities for
the transportation of 47 children victims of trafficking,
aged between two and eight years, from Port au Prince to be
reunified with their families in Jeremie.
-- H. The GoH acknowledged the problem of internal
trafficking, including that of children. BPM, a branch of
the Haitian national police, investigated cases of child
trafficking and monitored the movement of children across the
border with the DR but faced barriers, such as the lack of a
law and meager resources, to achieve operational
effectiveness. Local and international NGOs were at the
forefront of combating international trafficking of children.
-- I. Victims are not fined, prosecuted, detained, jailed or
deported.
PORT AU PR 00000199 009.2 OF 010
-- J. There is no evidence that the GoH encourages victims to
assist in the investigation and prosecution of trafficking.
Victims with financial means may file a civil suit against
alleged traffickers, but lawsuits may take several years to
litigate. The GoH does not have a victim restitution program.
-- K. Refer to answer 25 F.
-- L. The GoH is mandated by law to provide financial
assistance to its repatriated nationals regardless of
circumstance. Financial assistance is not contingent upon
being a victim of trafficking. The GoH is responsible for
providing approximately USD 10 to assist in the repatriates
return to his/her region of origin and a meal. Some NGOs
stated that the GoH did not habitually provide these services
in practice.
-- M. The Pan American Development Foundation (PADF) provides
direct services to trafficked children, including shelter,
education and health care, and supports the training of GoH
officials to identify trafficking victims and activity and
promotes advocacy efforts. PADF is also helping create a
cross-border awareness campaign; a program for referral to
shelters and protection services for women and children; an
expansion of temporary border area shelter capacity and
victims care services; and training of border area
authorities.
Other intergovernmental organizations and NGOs that work with
trafficking victims and receive cooperation from the
GoH include MINUSTAH, UNICEF, IOM, STC, GARR, Catholic Relief
Services (CRS),World Vision and Solidarite
Fwontalye/Solidaridad Fronteriza, among several other local
NGOs and community organizations. Refer to answers in
Questions 23 D, 24 C, 25 E, 25 F, 25 K, 26 A and 26 B.
Local authorities cooperated in referring and coordinating
the abovementioned services.
PREVENTION
--------------
6. (SBU) Question 27:
-- A. The GoH did not sponsor anti-trafficking information or
education campaigns during the reporting period. NGOs did
sponsor such programs for the broader public, such as radio
announcements in border towns, in cooperation with GoH
officials.
-- B. The National Office of Migration (ONM) mandate includes
documentation and registering of trafficking cases. NGOs
reports that the ONM does not fulfill its mandate and that
most statistics it produces are unreliable.
The GoH lacks the resources and manpower to adequately
monitor and secure its borders. Airport officials ask
additional questions and require supplemental documentation
before clearing unaccompanied minors.
-- C. The assembly of NGOs and foreign donor agencies known
at the ''Collectif'' (referred to in Question 25 A),is the
only mechanism between various agencies, internal,
international, or multilateral on trafficking-related matters.
-- D. The GoH has no national plan of action to address
trafficking in persons.
PORT AU PR 00000199 010.2 OF 010
-- E. GOH officials' participation in NGO-implemented
training is the only measure the government has taken to
reduce the demand for commercial sex acts.
-- F. GOH participation in NGO-implemented trainings for its
officials is the measure the government has taken to reduce
participation in international child sex tourism by
nationals.
-- G. Not applicable. Haiti does not contribute troops to
international peacekeeping efforts.
NOMINATION OF HEROES AND BEST PRACTICES
--------------
7. (U) Post has no nominations for the heroes category or
selections for the best practices category.
EMBASSY CONTACT INFORMATION
--------------
8. (U) Embassy Economic/Political Officer Madelina Young is
the point of contact on trafficking issues. She can be
reached at 011-509-22-29-8000 x 8044 or at YoungMM@state.gov.
Ms. Young spent 120 hours on compiling and drafting the
report. (Note: After July 6, 2009, please refer all inquiries
to Kathy-Lee Galvin at GalvinK@state.gov or
011-509-22-29-8000 x8241. The fax number for Ms. Young and
Ms. Galvin is 011-509-22-29-80-24. End note.)
SANDERSON