ANTIGUA AND BARBUDA -- 2009 TIP REPORT: PRESS

UNCLAS STATE 060533

SIPDIS

E.O. 12958: N/A
TAGS: KTIP ELAB KCRM KPAO KWMN PGOV PHUM PREL SMIG AC
SUBJECT: ANTIGUA AND BARBUDA -- 2009 TIP REPORT: PRESS
GUIDANCE AND DEMARCHE

REF: (A) STATE 59732 (B) STATE 005577


1. This is an action cable; see paras 5 through 7 and 10.


2. On June 16, 2009, at 10:00 a.m. EDT, the Secretary will
release the 2009 Trafficking in Persons (TIP) Report at a
press conference in the Department's press briefing room.
This release will receive substantial coverage in domestic
and foreign news outlets. Until the time of the Secretary's
June 16 press conference, any public release of the Report or
country narratives contained therein is prohibited.


3. The Department is hereby providing Post with advance press
guidance to be used on June 16 or thereafter. Also provided
is demarche language to be used in informing the Government
of Antigua and Barbuda of its tier ranking and the TIP
Report's imminent release. The text of the TIP Report
country narrative is provided, both for use in informing the
Government of Antigua and Barbuda and in any local media
release by Post's public affairs section on June 16 or
thereafter. Drawing on information provided below in paras 8
and 9, Post may provide the host government with the text of
the TIP Report narrative no earlier than 1200 noon local time
Monday June 15 for WHA, AF, EUR, and NEA countries and OOB
local time Tuesday June 16 for SCA and EAP posts. Please
note, however, that any public release of the Report's
information should not/not precede the Secretary's release at
10:00 am EDT on June 16.


4. The entire TIP Report will be available on-line at
www.state.gov/g/tip shortly after the Secretary's June 16
release. Hard copies of the Report will be pouched to posts
in all countries appearing on the Report. The Secretary's
statement at the June 16 press event, and the statement of
and fielding of media questions by G/TIP,s Director and
Senior Advisor to the Secretary, Ambassador-at-Large Luis
CdeBaca, will be available on the Department's website
shortly after the June 16 event. Ambassador de Baca will
also hold a general briefing for officials of foreign
embassies in Washington DC on June 17 at 3:30 pm EDT.


5. Action Request: No earlier than 12 noon local time on
Monday June 15 for WHA, AF, EUR, and NEA posts and OOB local
time on Tuesday June 16 for SCA and EAP posts, please inform
the appropriate official in the Government of Antigua and
Barbuda of the June 16 release of the 2009 TIP Report,
drawing on the points in para 9 (at Post's discretion) and
including the text of the country narrative provided in para

8. For countries where the State Department has lowered the
tier ranking, it is particularly important to advise
governments prior to the Report being released in Washington
on June 16.


6. Action Request continued: Please note that, for those
countries which will not receive an "action plan" with
specific recommendations for improvement, posts should draw
host governments' attention to the areas for improvement
identified in the 2009 Report, especially highlighted in the
"Recommendations" section of the second paragraph of the
narrative text. This engagement is important to establishing
the framework in which the government's performance will be
judged for the 2010 Report. If posts have questions about
which governments will receive an action plan, or how they
may follow up on the recommendations in the 2009 Report,
please contact G/TIP and the appropriate regional bureau.


7. Action Request continued: On June 16, please be prepared
to answer media inquiries on the Report's release using the
press guidance provided in para 11. If Post wishes, a local
press statement may be released on or after 10:30 am EDT June
16, drawing on the press guidance and the text of the TIP
Report's country narrative provided in para 8.


8. Begin Final Text of Antigua and Barbuda,s country
narrative in the 2009 TIP Report:

--------------
Antigua and Barbuda (TIER 2)
--------------

Antigua and Barbuda is a destination country for women
trafficked from Guyana, Haiti, Jamaica, and the Dominican
Republic for the purposes of sexual exploitation; it may also
be a destination country for women trafficked for the
purposes of forced domestic servitude. Well-financed
businessmen from the Dominican Republic and Antiguan citizens
acting as pimps and brothel owners traffic women into the
four main, illegal brothels that operate in Antigua, as well
as to private residences that operate as brothels. Women
voluntarily came to Antigua to engage in prostitution;
brothel managers later confiscate their passports and
threaten the women with deportation until they repay the
brothel owner for travel and other expenses. Some victims
trafficked for the purpose of sexual exploitation had been
given work permits as "entertainers" to legally enter the
country. Information on the full extent of the human
trafficking problem in Antigua and Barbuda is not available;
anecdotal reporting suggests, however, that no Antiguan
citizens have been trafficked and the current number of
foreign victims is comparatively small.

The Government of Antigua and Barbuda does not fully comply
with the minimum standards for the elimination of
trafficking; however, it is making significant efforts to do
so. Despite limited resources, competing priorities, and a
relatively small number of victims, the government
investigated identified incidences of trafficking, cooperated
with other Caribbean governments on trafficking issues,
ensured victims, access to social services, and conducted
bilingual public awareness campaigns. No trafficking
offenders, however, have been arrested or prosecuted, and law
enforcement agencies continue to treat victims as criminals.

Recommendations for Antigua and Barbuda: Develop and
implement a comprehensive anti-human trafficking law; arrest,
prosecute, and punish trafficking offenders; proactively
identify trafficking victims among vulnerable populations,
such as foreign women in prostitution and as domestic
servants; and provide foreign victims legal alternatives to
removal to countries where they may face hardship and
retribution.

Prosecution
--------------
The Government of Antigua and Barbuda did not make adequate
progress in anti-trafficking law enforcement efforts over the
last year. It has no specific or comprehensive laws
prohibiting trafficking in persons. Trafficking offenders
could be prosecuted under relevant provisions in immigration,
prostitution, or labor laws, though there were no such
reported efforts over the reporting period. Penalties
prescribed for trafficking offenses of five years,
imprisonment are sufficiently stringent and commensurate with
penalties for other serious crimes, such as rape. Officials
from the Ministry of Labor periodically inspect workplaces,
and have reported no instances of forced labor of children or
adults. Government agencies received two reports of victims
trafficked for commercial sexual exploitation, yet made no
efforts to proactively identify victims of trafficking among
vulnerable populations, such as women in prostitution. In
the two cases reported to the Gender Affairs Directorate, two
women were granted work permits as &entertainers8 and
legally entered the country. They were later forced into
prostitution by their employers. The Gender Affairs
Directorate has requested a review of the immigration
department to ascertain why officials issued work-permits to
foreigners who were almost certain to engage in an illegal
activity such as prostitution, whether forced or voluntary.
Antigua and Barbuda contributes staff and other resources to
the Regional Security Service (RSS),a coalition of top-level
police, customs, immigration, military, and Coast Guard
representatives from across the Caribbean addressing
transnational crime, including human trafficking.

Protection
--------------
The Government of Antigua and Barbuda has made strong efforts
to offer victims medical, psychological, legal, and social
services, although law enforcement agents frequently treat
unidentified victims as criminals. The Directorate of Gender
Affairs receives funds to coordinate the work of the
Anti-Trafficking in Persons Coalition and to provide legal,
health, advocacy, and crisis services which all victims of
trafficking, foreign or local, can access. The Directorate
established "Emergency Safe Havens," where the location of
any victims of violence can be hidden from their victimizers,
and recruited Spanish-speaking volunteers to assist with
several cases of suspected abuse of foreign nationals. Other
NGOs provide services such as health screening and assistance
in repatriation. Some foreigners detained for immigration
violations are likely trafficking victims. There are no
legal alternatives to the removal of foreign victims to
countries where they would face hardship or retribution. The
government does not encourage victims to assist in the
investigation and prosecution of trafficking crimes.

Prevention
--------------
Despite limited resources and competing priorities, the
Government of Antigua and Barbuda has demonstrated strong
efforts to prevent trafficking and increase the public,s
awareness of trafficking. The government ran awareness
campaigns, many in English and Spanish, in the form of
anti-trafficking brochures and radio spots. The National
Coalition Against Trafficking in Persons is made up of the
Ministries of Social Welfare, Social Transformation, Health,
Labor and Gender Affairs, Immigration, and the Royal Antigua
and Barbuda Police Force, as well
as various civil society groups, NGOs, and community
activists and advocates. The Coalition, coordinated by the
Directorate of Gender Affairs, meets at the end of every
month to discuss suspected cases, formulate strategies to
address them, and follow up with law enforcement to conduct
investigations. The Coalition,s national action plan
focuses on educating immigrants, the general public, and
front-line workers on human trafficking; establishes a
spokesperson to represent the Coalition; combines outreach
and protection efforts with the Gender Affairs crisis
hotline; and creates a legislative review of anti-trafficking
laws and statutory instruments in Antigua and Barbuda. There
have been no government programs to reduce demand for
commercial sex during the reporting period. The government
cooperates with other Caribbean countries via the Gender
Affairs Unit at the CARICOM Secretariat in Guyana, and
contributes funds and personnel to the Advanced Passenger
Information System, which allows law enforcement agencies to
share information so suspected criminals, including human
traffickers, will be investigated and detained at ports of
entry. Antigua and Barbuda has not ratified the 2000 UN TIP
Protocol.

--------------



9. Post may wish to deliver the following points, which offer
technical and legal background on the TIP Report process, to
the host government as a non-paper with the above TIP Report
country narrative:

(begin non-paper)

-- The U.S. Congress, through its passage of the 2000
Trafficking Victims Protection Act, as amended (TVPA),
requires the Secretary of State to submit an annual Report to
Congress. The goal of this Report is to stimulate action and
create partnerships around the world in the fight against
modern-day slavery. The USG approach to combating human
trafficking follows the TVPA and the standards set forth in
the Protocol to Prevent, Suppress and Punish Trafficking in
Persons, Especially Women and Children, supplementing the
United Nations Convention against Transnational Organized
Crime (commonly known as the "Palermo Protocol"). The TVPA
and the Palermo Protocol recognize that this is a crime in
which the victims, labor or services (including in the "sex
industry") are obtained or maintained through force, fraud,
or coercion, whether overt or through psychological
manipulation. While much attention has focused on
international flows, both the TVPA and the Palermo Protocol
focus on the exploitation of the victim, and do not require a
showing that the victim was moved.

-- Recent amendments to the TVPA removed the requirement that
only countries with a "significant number" of trafficking
victims be included in the Report. Beginning with the 2009
TIP Report, countries determined to be a country of origin,
transit, or destination for victims of severe forms of
trafficking are included in the Report and assigned to one of
three tiers. Countries assessed as meeting the "minimum
standards for the elimination of severe forms of trafficking"
set forth in the TVPA are classified as Tier 1. Countries
assessed as not fully complying with the minimum standards,
but making significant efforts to meet those minimum
standards are classified as Tier 2. Countries assessed as
neither complying with the minimum standards nor making
significant efforts to do so are classified as Tier 3.

-- The TVPA also requires the Secretary of State to provide a
"Special Watch List" to Congress later in the year.
Anti-trafficking efforts of the countries on this list are to
be evaluated again in an Interim Assessment that the
Secretary of State must provide to Congress by February 1 of
each year. Countries are included on the "Special Watch
List" if they move up in "tier" rankings in the annual TIP
Report -- from 3 to 2 or from 2 to 1 ) or if they have been
placed on the Tier 2 Watch List.

-- Tier 2 Watch List consists of Tier 2 countries determined:
(1) not to have made "increasing efforts" to combat human
trafficking over the past year; (2) to be making significant
efforts based on commitments of anti-trafficking reforms over
the next year, or (3) to have a very significant number of
trafficking victims or a significantly increasing victim
population. As indicated in reftel B, the TVPRA of 2008
contains a provision requiring that a country that has been
included on Tier 2 Watch List for two consecutive years after
the date of enactment of the TVPRA of 2008 be ranked as Tier

3. Thus, any automatic downgrade to Tier 3 pursuant to this
provision would take place, at the earliest, in the 2011 TIP
Report (i.e., a country would have to be ranked Tier 2 Watch
List in the 2009 and 2010 Reports before being subject to
Tier 3 in the 2011 Report). The new law allows for a waiver
of this provision for up to two additional years upon a
determination by the President that the country has developed
and devoted sufficient resources to a written plan to make
significant efforts to bring itself into compliance with the
minimum standards.

-- Countries classified as Tier 3 may be subject to statutory
restrictions for the subsequent fiscal year on
non-humanitarian and non-trade-related foreign assistance
and, in some circumstances, withholding of funding for
participation by government officials or employees in
educational and cultural exchange programs. In addition,
the President could instruct the U.S. executive directors to
international financial institutions to oppose loans or other
utilization of funds (other than for humanitarian,
trade-related or certain types of development assistance)
with respect to countries on Tier 3. Countries classified as
Tier 3 that take strong action within 90 days of the Report's
release to show significant efforts against trafficking in
persons, and thereby warrant a reassessment of their Tier
classification, would avoid such sanctions. Guidelines for
such actions are in the DOS-crafted action plans to be shared
by Posts with host governments.

-- The 2009 TIP Report, issuing as it does in the midst of
the global financial crisis, highlights high levels of
trafficking for forced labor in many parts of the world and
systemic contributing factors to this phenomenon: fraudulent
recruitment practices and excessive recruiting fees in
workers, home countries; the lack of adequate labor
protections in both sending and receiving countries; and the
flawed design of some destination countries, "sponsorship
systems" that do not give foreign workers adequate legal
recourse when faced with conditions of forced labor. As the
May 2009 ILO Global Report on Forced Labor concluded, forced
labor victims suffer approximately $20 billion in losses, and
traffickers, profits are estimated at $31 billion. The
current global financial crisis threatens to increase the
number of victims of forced labor and increase the associated
"cost of coercion."

-- The text of the TVPA and amendments can be found on
website www.state.gov/g/tip.

-- On June 16, 2009, the Secretary of State will release the
ninth annual TIP Report in a public event at the State
Department. We are providing you an advance copy of your
country's narrative in that report. Please keep this
information embargoed until 10:00 am Washington DC time June

16. The State Department will also hold a general briefing
for officials of foreign embassies in Washington DC on June
17 at 3:30 pm EDT.

(end non-paper)


10. Posts should make sure that the relevant country
narrative is readily available on or though the Mission's web
page in English and appropriate local language(s) as soon as
possible after the TIP Report is released. Funding for
translation costs will be handled as it was for the Human
Rights Report. Posts needing financial assistance for
translation costs should contact their regional bureau,s EX
office.


11. The following is press guidance provided for Post to use
with local media.

Q1. Why is Antigua and Barbuda included in the Report this
year? Why was it given a ranking of Tier 2?


A. Antigua and Barbuda was placed on the TIP Report because
there is evidence that it is a country of origin, transit, or
destination for victims of severe forms of trafficking.
Antigua and Barbuda was placed on Tier 2 because it does not
fully comply with the minimum standards for the elimination
of trafficking; however, it is making significant efforts to
do so. Despite limited resources, competing priorities, and
a relatively small number of victims, the Government of
Antigua and Barbuda investigated identified incidences of
trafficking, cooperated with other Caribbean governments on
trafficking issues, ensured victims, access to social
services, and conducted bi-lingual public awareness
campaigns. No trafficking offenders, however, have been
arrested or prosecuted, and law enforcement agencies continue
to treat victims as criminals.

Q2. What is the trafficking problem in Antigua and Barbuda?

A: Antigua and Barbuda is a destination country for women
trafficked from Guyana, Haiti, Jamaica, and the Dominican
Republic for the purposes of sexual exploitation; it may also
be a destination country for women trafficked for the
purposes of forced domestic servitude. Well-financed
businessmen from the Dominican Republic and Antiguan citizens
acting as pimps and brothel owners traffic women into the
four main, illegal brothels that operate in Antigua, and
private residences that operate as brothels. Women
voluntarily came to Antigua to engage in prostitution;
brothel managers later confiscate their passports and
threaten the women with deportation until they repay the
brothel owner for travel and other expenses.

Q3. How can Antigua and Barbuda improve its anti-trafficking
efforts??

A: The Government of Antigua and Barbuda could: develop and
implement a comprehensive anti-human trafficking law; arrest,
prosecute, and punish trafficking offenders; proactively
identify trafficking victims among vulnerable populations
such as foreign women in prostitution and as domestic
servants; provide foreign victims legal alternatives to
removal to countries where they may face hardship and
retribution.


12. The Department appreciates posts, assistance with the
preceding action requests.
CLINTON