ST. VINCENT AND THE GRENADINES -- 2009 TIP

UNCLAS STATE 060551

SIPDIS

E.O. 12958: N/A
TAGS: KTIP ELAB KCRM KPAO KWMN PGOV PHUM PREL SMIG VC
SUBJECT: ST. VINCENT AND THE GRENADINES -- 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 St. Vincent and the Grenadines 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 St. Vincent and the Grenadines 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 St. Vincent and
the Grenadines 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 St. Vincent and the Grenadines,s
country narrative in the 2009 TIP Report:

--------------
St. Vincent and the Grenadines (TIER 2 Watch List)
--------------

St. Vincent and the Grenadines is a potential source country
for children trafficked internally for the purposes of sexual
exploitation; it may also be a destination country for women
trafficked for the purposes of commercial sexual
exploitation. Anecdotal reporting suggests the number of
victims trafficked in, to, or through St. Vincent and the
Grenadines is comparatively small. Information on the full
extent of human trafficking in St. Vincent and the
Grenadines, however, is lacking, as neither the government
nor NGOs have conducted any related investigations, studies,
or surveys. Reports indicate that a traditional practice of
sending children away from home to live with another family
is sometimes misused for the purpose of coercing children
into commercial sexual exploitation. In these situations,
care-givers force fostered children into sexual relationships
in exchange for financial and in-kind compensation.


The Government of St. Vincent and the Grenadines does not
fully comply with the minimum standards for the elimination
of trafficking; however, it is making significant efforts to
do so. Despite these overall significant efforts, the
government did not provide evidence of vigorous law
enforcement efforts to combat trafficking by investigating
reports of the commercial sexual exploitation of children and
of women who may be forced to engage in prostitution;
therefore, St. Vincent and the Grenadines is placed on the
Tier 2 Watch List.


Recommendations for St. Vincent and the Grenadines: Develop
and implement a comprehensive anti-trafficking law;
investigate allegations of the commercial sexual exploitation
of children; utilize existing legal statutes to prosecute
cases of women or children forced into commercial sexual
exploitation; and provide protective services to children
rescued from commercial sexual exploitation.

Prosecution
--------------
The Government of St. Vincent and the Grenadines 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, although slavery and
forced labor are both constitutionally prohibited.
Trafficking offenders could be prosecuted under relevant
provisions in immigration, prostitution, or labor laws,
though there were no such reported efforts over the past
year. Sufficiently stringent penalties for trafficking
offenders under these laws, ranging from 10-15 years,
imprisonment, are sufficiently stringent and commensurate
with penalties prescribed for other serious crimes, such as
rape. The government did not receive reports of trafficking
victims during the reporting period. St. Vincent and the
Grenadines legal experts, in conjunction with IOM and nine
other Caribbean countries, developed and published a
counter-trafficking legislative model for the Caribbean and
the accompanying explanatory guidelines.

Protection
--------------
In cooperation with local NGOs, the government ensures
victims, access to limited medical, psychological, legal,
and social services. The St. Vincent and the Grenadines
Human Rights Association would provide legal services and
other limited aid to identified trafficking victims, though
it was not requested to do so during the year. Government
officials did not proactively identify victims of trafficking
for the purpose of forced labor or commercial sexual
exploitation. The government provided some funding to a
local NGO which offers counseling and other victim care
services that would be available to trafficking victims.
Under current laws, the government did not encourage
victims, assistance in the investigation and prosecution of
trafficking or other crimes, nor did it provide legal
alternatives to the removal of foreign victims to countries
where they would face hardship or retribution. St. Vincent
and the Grenadines had no law or official procedures in place
to ensure that victims would not be inappropriately
incarcerated, fined, or otherwise penalized for offenses
committed solely as a direct result of being trafficked. The
government has collaborated, however, with international
organizations to provide specialized training in identifying
and reaching out to potential victims.

Prevention
--------------
The government made weak efforts to prevent trafficking and
increase the public,s awareness of human trafficking in St.
Vincent and the Grenadines. The government conducted no
anti-trafficking campaigns and made no efforts to reduce the
demand for commercial sex acts.

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



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 St. Vincent and the Grenadines (SVG) included in
the Report this year? Why was it given a ranking of Tier 2
Watch List?


A. SVG 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. The
Government of St. Vincent and the Grenadines does not fully
comply with the minimum standards for the elimination of
trafficking; however, it is making significant efforts to do
so. Despite these overall significant efforts, the
government did not provide evidence of vigorous law
enforcement efforts to combat trafficking by investigating
reports of the commercial sexual exploitation of children and
of women who may be forced to engage in prostitution;
therefore, St. Vincent and the Grenadines is placed on the
Tier 2 Watch List.

Q2. What is the nature of the trafficking situation in SVG?


A. St. Vincent and the Grenadines is a potential source
country for children trafficked internally for the purposes
of sexual exploitation; it may also be a destination country
for women trafficked for the purposes of commercial sexual
exploitation. Anecdotal reporting suggests the number of
victims trafficked in, to, or through St. Vincent and the
Grenadines is comparatively small. Information on the full
extent of human trafficking in St. Vincent and the
Grenadines, however, is lacking, as neither the government
nor NGOs have conducted any related investigations, studies,
or surveys. Reports indicate that a traditional practice of
sending children away from home to live with another family
is sometimes misused for the purpose of coercing children
into commercial sexual exploitation. In these situations,
care-givers force fostered children into sexual relationships
in exchange for financial and in-kind compensation.

Q3. How can SVG show progress in its anti-trafficking
efforts?



A. The government could: develop and implement a
comprehensive anti-trafficking law; investigate allegations
of the commercial sexual exploitation of children; utilize
existing legal statutes to prosecute cases of women or
children forced into commercial sexual exploitation; and
provide protective services to children rescued from
commercial sexual exploitation.12. The Department appreciates
posts, assistance with the preceding action requests.
CLINTON