TIP SUBMISSION - ANTIGUA AND BARBUDA

UNCLAS BRIDGETOWN 000164

SENSITIVE
SIPDIS
STATE FOR G - LAURA PENA
STATE FOR G/TIP - STEPHANIE KRONENBURG
STATE FOR WHA/PPC - SCOTT MILLER
STATE FOR WHA/CAR - KAREN MCISAAC
STATE ALSO FOR INL, DRL, PRM

E.O. 12958: N/A
TAGS: PHUM KTIP PREF ELAB ASEC SMIG KCRM KFRD KWMN KMCA XL
SUBJECT: TIP SUBMISSION - ANTIGUA AND BARBUDA

REF: STATE 2094


1. (U) Below are Post's responses to questions regarding Antigua
and Barbuda for the annual Trafficking in Persons Report.



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

Para 25 - The Country's TIP Situation

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




2. (SBU)



-- A. What is (are) the source(s) of available information on
trafficking in persons? What plans are in place (if any) to
undertake further documentation of human trafficking? How reliable
are these sources?



The Gender Affairs Directorate is the focal point for much of the
information on trafficking, documenting cases as they become known.
The Gender Affairs Directorate is understaffed and has no full-time
employees focused solely on trafficking issues; however, the
Directorate is a reliable source of available information. As a
country with less than 90,000 people Antigua spends a
disproportionate amount of time focused on educating its personnel
to deal with Trafficking issues.



-- B. Is the country a country of origin, transit, and/or
destination for men, women, or children subjected to conditions of
commercial sexual exploitation, forced or bonded labor, or other
slave-like conditions? Are citizens or residents of the country
subjected to such trafficking conditions within the country? If
so, does this internal trafficking occur in territory outside of
the government's control (e.g. in a civil war situation)?



Antigua and Barbuda is a destination point for victims of
Trafficking in Persons (TIP) from the Dominican Republic, Guyana,
and Jamaica. There have not been any changes in the TIP situation
since the last report.



-- C. What kind of conditions are the victims trafficked into?



According to a UNHCR source, some women are recruited in the
Dominican Republic to work as maids in Antigua, however, there have
been no reported cases involving the trafficking of domestic
servants into Antigua.



According to the Director of Gender Affairs and other sources,
there are four main brothels that operate in Antigua, where women
from the Dominican Republic are prostituted. In addition, there
are private residences that operate as brothels. Increasingly,
however, English-speaking women from Guyana and Jamaica are being
recruited. The conditions under which they are recruited vary,
according to sources, but in most cases the women's travel
documents are confiscated and they are threatened with deportation
if they refuse to work exclusively for the brothel owner.



-- D. Vulnerability to TIP: Are certain groups of persons more at
risk of being trafficked (e.g. women and children, boys versus

girls, certain ethnic groups, refugees, IDPs, etc.)?



There are no reports of Antiguans being trafficked. Legal and
illegal immigrants from Haiti, Jamaica, the Dominican Republic and
Guyana are reported to be the most vulnerable to trafficking.



-- E. Traffickers and Their Methods: Who are the
traffickers/exploiters? Are they independent business people?
Small or family-based crime groups? Large international organized
crime syndicates? What methods are used to approach victims? For
example, are they offered lucrative jobs, sold by their families,
or approached by friends of friends? What methods are used to move
the victims (e.g., are false documents being used?). Are
employment, travel, and tourism agencies or marriage brokers
involved with or fronting for traffickers or crime groups to
traffic individuals?



According to Gender Affairs, the traffickers are a mix of well
financed businessmen from the Dominican Republic and Antiguan
citizens acting as pimps and brothel owners.



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

Para 26 - Setting the Scene for the Government's Anti-TIP Efforts

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




3. (SBU)



-- A. Does the government acknowledge that trafficking is a problem
in the country?



Yes, with the exception of some members of immigration and law
enforcement, almost all of the GOAB's government institutions are
aware of and acknowledge the trafficking problem.



-- B. Which government agencies are involved in anti-trafficking
efforts and which agency, if any, has the lead?



The GOAB Anti-TIP Working Group monitors its anti-trafficking
efforts on a monthly basis, sharing information on suspected
trafficking cases and formulating strategies to address the
problem.



-- C. What are the limitations on the government's ability to
address this problem in practice? For example, is funding for
police or other institutions inadequate? Is overall corruption a
problem? Does the government lack the resources to aid victims?



There is clear recognition and strong will from the Directorate of
Gender Affairs and other GOAB agencies that form the GOAB Anti-TIP
Working Group. However, law enforcement and immigration do not yet
have the appropriate training, funding, and other necessary
mechanisms to follow up on the Working Group's requests to
investigate suspected cases of sexual and domestic servitude. In

most cases, women without documentation are deported for
immigration violations before they can have access to services or
assist with the prosecution of a trafficking case. Antigua is a
very small country that lacks the adequate resources to deal
effectively with most criminal issues, including trafficking in
persons, however, they respond in a timely fashion to international
law enforcement requests concerning trafficking victims.



-- D. To what extent does the government systematically monitor its
anti-trafficking efforts (on all fronts -- prosecution, victim
protection, and prevention) and periodically make available,
publicly or privately and directly or through
regional/international organizations, its assessments of these
anti-trafficking efforts?



Each agency is represented by a TIP focal person on a monthly basis
to share information and formulate cooperative efforts to address
the problem. The GOAB formed the National Coalition Against
Trafficking in Persons, which 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.



-- E. What measures has the government taken to establish the
identity of local populations, including birth registration,
citizenship, and nationality?



The GOAB has a national birth registry for children born in
Antigua. All children born to Antiguan citizens abroad are
entitled to Antiguan citizenship.



-- F. To what extent is the government capable of gathering the
data required for an in-depth assessment of law enforcement
efforts? Where are the gaps? Are there any ways to work around
these gaps?



The government recently established a law and order commission in
an effort to address ongoing law enforcement concerns.



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

Para 27 - Investigations and Prosecutions of Traffickers

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




4. (SBU)



-- A. Existing Laws against TIP: Does the country have a law or
laws specifically prohibiting trafficking in persons -- both for
sexual exploitation and labor? If so, please specifically cite the
name of the law(s) and its date of enactment and provide the exact
language [actual copies preferable] of the TIP provisions. Please
provide a full inventory of trafficking laws, including
non-criminal statutes that allow for civil penalties against
alleged trafficking crimes (e.g., civil forfeiture laws and laws
against illegal debt). Does the law(s) cover both internal and
transnational forms of trafficking? If not, under what other laws
can traffickers be prosecuted? For example, are there laws against


slavery or the exploitation of prostitution by means of force,
fraud, or coercion? Are these other laws being used in trafficking
cases?



There are no laws against trafficking in persons. Violators could
be prosecuted under immigration, prostitution, or labor laws.
Under the Immigration and Passport Act, if an immigration officer
suspects that a person is coming into the country to behave in the
manner of a prostitute the officer has the authority to refuse
entry. Normally, undocumented foreigners are deported immediately.



-- B. Punishment of Sex Trafficking Offenses: What are the
prescribed and imposed penalties for trafficking people for sexual
exploitation?



There are no specific laws against trafficking people for sexual
exploitation.



-- C. Punishment of Labor Trafficking Offenses: What are the
prescribed and imposed penalties for trafficking for labor
exploitation, such as forced or bonded labor? If your country is a
source country for labor migrants, do the government's laws provide
for criminal punishment -- i.e. jail time -- for labor recruiters
who engage in recruitment of workers using knowingly fraudulent or
deceptive offers with the purpose of subjecting workers to
trafficking in the destination country? If your country is a
destination for labor migrants, are there laws punishing employers
or labor agents who confiscate workers' passports or travel
documents for the purpose of trafficking, switch contracts without
the worker's consent as a means to keep the worker in a state of
service, or withhold payment of salaries as means of keeping the
worker in a state of service?



There are no specific penalties for traffickers of people for labor
exploitation. They could, however, face penalties for immigration
and labor violations. Immigration violations could lead to
deportation of both victim and trafficker.



The constitution prohibits forced or compulsory labor, including by
children, and there were no reports that such practices occurred.



The law stipulates a minimum working age of 16 years, which
corresponds with the provisions of the Education Act. In addition
persons under 18 years of age must have a medical clearance to work
and may not work later than 10 p.m. The Ministry of Labor, which
is required by law to conduct periodic inspections of workplaces,
effectively enforced this law. The labor commissioner's office
also had an inspectorate that investigated exploitive child labor
matters.



The Labor Code provides that the minister of labor may issue
orders, which have the force of law, to establish a minimum wage.
The minimum wage was $2.26 (EC$6.00) an hour for all categories of
labor, which provided a barely adequate standard of living for a
worker and family. In practice the great majority of workers
earned substantially more than the minimum wage.



-- D. What are the prescribed penalties for rape or forcible sexual
assault?

The penalty for rape ranges from 10 years to life imprisonment.



-- E. Law Enforcement Statistics: Did the government prosecute any
cases against human trafficking offenders during the reporting
period? If so, provide numbers of investigations, prosecutions,
convictions, and sentences imposed, including details on plea
bargains and fines, if relevant and available. Please note the
number of convicted traffickers who received suspended sentences
and the number who received only a fine as punishment. Please
indicate which laws were used to investigate, prosecute, convict,
and sentence traffickers. Also, if possible, please disaggregate
numbers of cases by type of TIP (labor vs. commercial sexual
exploitation) and victims (children under 18 years of age vs.
adults). If in a labor source country, did the government
criminally prosecute labor recruiters who recruit workers using
knowingly fraudulent or deceptive offers or by imposing fees or
commissions for the purpose of subjecting the worker to debt
bondage? Did the government in a labor destination country
criminally prosecute employers or labor agents who confiscate
workers' passports/travel documents for the purpose of trafficking,
switch contracts or terms of employment without the worker's
consent to keep workers in a state of service, use physical or
sexual abuse or the threat of such abuse to keep workers in a state
of service, or withhold payment of salaries as a means to keep
workers in a state of service? What were the actual punishments
imposed on persons convicted of these offenses? Are the
traffickers serving the time sentenced? If not, why not?



There were no cases brought against traffickers during the
reporting period. Nor have there been any cases brought against
employers for confiscating passports or travel documents. The
police are responsive to requests for assistance from TIP victims
to recover travel documents.



-- F. Does the government provide any specialized training for
government officials in how to recognize, investigate, and
prosecute instances of trafficking? Specify whether NGOs,
international organizations, and/or the USG provide specialized
training for host government officials.



In June 2008, Gender Affairs, Immigration and Royal Antigua and
Barbuda Police Force official attended a USG sponsored
anti-trafficking capacity building workshop. In February 2008,
officials from the Royal Antigua and Barbuda Police Force took part
in an OAS-sponsored seminar and workshop. In November 2009,
government officials took part in USG and International
Organization for Migration (IOM) sponsored regional training in St
Kitts and Nevis. None of these training programs were funded by
the GOAB.



--G. Does the government cooperate with other governments in the
investigation and prosecution of trafficking cases? If possible,
provide the number of cooperative international investigations on
trafficking during the reporting period.



The GOAB cooperates with other Caribbean countries via the Gender
Affairs Unit at the CARICOM Secretariat in Georgetown, Guyana.
There were no international investigations during the rating
period.



-- H. Does the government extradite persons who are charged with
trafficking in other countries? If so, please provide the number
of traffickers extradited during the reporting period, and the
number of trafficking extraditions pending. In particular, please

report on any pending or concluded extraditions of trafficking
offenders to the United States.



There have been no requests for extradition.



-- I. Is there evidence of government involvement in or tolerance
of trafficking, on a local or institutional level? If so, please
explain in detail.



In the previous reporting period the Gender Affairs Directorate
uncovered two cases of trafficking and helped two women repatriate
to their home countries. In both cases the women voluntarily came
to Antigua to engage in prostitution only to later have their
passports revoked until they could repay the brothel owner for
expenses incurred in bringing the women to the country. Both women
had been given work permits as "entertainers" to legally enter the
country. The receipt of legitimate work-permits to engage in
almost certain prostitution requires at least the acquiescence of
one or more adjudicating officers in the immigration office.



-- J. If government officials are involved in trafficking, what
steps has the government taken to end such participation? Please
indicate the number of government officials investigated and
prosecuted for involvement in trafficking or trafficking-related
corruption during the reporting period. Have any been convicted?
What sentence(s) was imposed? Please specify if officials received
suspended sentences, or were given a fine, fired, or reassigned to
another position within the government as punishment. Please
indicate the number of convicted officials that received suspended
sentences or received only a fine as punishment.



In the previous reporting period there were two reported cases in
which two women became trafficked after their arrival in the
country. The Gender Affairs Directorate requested a review of the
immigration department to ascertain why women who are likely to be
trafficked are being granted work-permits, but did not receive a
satisfactory response.



-- K. For countries that contribute troops to international
peacekeeping efforts, please indicate whether the government
vigorously investigated, prosecuted, convicted and sentenced
nationals of the country deployed abroad as part of a peacekeeping
or other similar mission who engaged in or facilitated severe forms
of trafficking or who exploited victims of such trafficking.



Antigua does not contribute troops to international peacekeeping
efforts.



-- L. If the country has an identified problem of child sex
tourists coming to the country, what are the countries of origin
for sex tourists? How many foreign pedophiles did the government
prosecute or deport/extradite to their country of origin? If your
host country's nationals are perpetrators of child sex tourism, do
the country's child sexual abuse laws have extraterritorial
coverage (similar to the U.S. PROTECT Act) to allow the prosecution
of suspected sex tourists for crimes committed abroad? If so, how
many of the country's nationals were prosecuted and/or convicted
during the reporting period under the extraterritorial provision(s)
for traveling to other countries to engage in child sex tourism?



There have been no reports of child sex tourism in Antigua.

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

Para 28 - Protection and Assistance to Victims

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




5. (SBU)



-- A. What kind of protection is the government able under
existing law to provide for victims and witnesses? Does it provide
these protections in practice?



The GOAB and National Coalition members lack the resources to
establish a permanent shelter that could protect and provide
anonymity for victims, due to the size of the country and its
limited governmental resources. Therefore, the Gender Affairs
Directorate established "Emergency Safe Havens," where the victims'
location can be hidden from their victimizers. This innovative
safe haven network consists of locations provided by businesses,
churches, clinics, and individuals.



-- B. Does the country have victim care facilities (shelters or
drop-in centers) which are accessible to trafficking victims? Do
foreign victims have the same access to care as domestic
trafficking victims? Where are child victims placed (e.g., in
shelters, foster care, or juvenile justice detention centers)?
Does the country have specialized care for adults in addition to
children? Does the country have specialized care for male victims
as well as female? Does the country have specialized facilities
dedicated to helping victims of trafficking? Are these facilities
operated by the government or by NGOs? What is the funding source
of these facilities? Please estimate the amount the government
spent (in U.S. dollar equivalent) on these specialized facilities
dedicated to helping trafficking victims during the reporting
period.



Through the GOAB's Directorate of Gender Affairs, victims of
trafficking have benefited from various legal, health, advocacy,
and crisis services. All victims of trafficking, foreign or local,
can access the services offered through Gender Affairs.



-- C. Does the government provide trafficking victims with access
to legal, medical and psychological services? If so, please
specify the kind of assistance provided. Does the government
provide funding or other forms of support to foreign or domestic
NGOs and/or international organizations for providing these
services to trafficking victims? Please explain and provide any
funding amounts in U.S. dollar equivalent. If assistance provided
was in-kind, please specify exact assistance. Please specify if
funding for assistance comes from a federal budget or from regional
or local governments.



The Directorate of Gender Affairs has recruited Spanish-speaking
volunteers to assist with several cases of suspected abuse of
Dominican Republic nationals. Funding is provided to the Gender
Affairs Directorate to coordinate the work of the Anti-TIP
Coalition, as well as cover multiple services to victims of
domestic abuse, rape, and other forms of violence and exploitation.
However, most victims, if discovered by immigration and/or the
police, are generally arrested or detained for immigration
violations and are expeditiously deported.

-- D. Does the government assist foreign trafficking victims, for
example, by providing temporary to permanent residency status, or
other relief from deportation? If so, please explain.



No.



-- E. Does the government provide longer-term shelter or housing
benefits to victims or other resources to aid the victims in
rebuilding their lives?



No. All victims are assisted in their repatriation to their home
countries.



-- F. Does the government have a referral process to transfer
victims detained, arrested or placed in protective custody by law
enforcement authorities to institutions that provide short- or
long-term care (either government or NGO-run)?



Any victims of trafficking identified by the government will be
referred to the Gender Affairs Directorate for support services.



-- G. What is the total number of trafficking victims identified
during the reporting period? Of these, how many victims were
referred to care facilities for assistance by law enforcement
authorities during the reporting period? By social services
officials? What is the number of victims assisted by
government-funded assistance programs and those not funded by the
government during the reporting period?



There were no trafficking cases reported during the reporting
period.



-- H. Do the government's law enforcement, immigration, and social
services personnel have a formal system of proactively identifying
victims of trafficking among high-risk persons with whom they come
in contact (e.g., foreign persons arrested for prostitution or
immigration violations)? For countries with legalized
prostitution, does the government have a mechanism for screening
for trafficking victims among persons involved in the
legal/regulated commercial sex trade?



The GOAB does not conduct screening for potential TIP victims. The
Gender Affairs Directorate and the National Coalition Against
Trafficking in Persons are able to identify TIP victims as well as
suspected cases of trafficking, and modify their efforts
accordingly.



-- I. Are the rights of victims respected? Are trafficking victims
detained or jailed? If so, for how long? Are victims fined? Are
victims prosecuted for violations of other laws, such as those
governing immigration or prostitution?



Victims are treated with compassion and respect by the Gender
Affairs Directorate and affiliated NGOs, community advocates, and
religious representatives. However, they are treated as

undocumented criminals by many in the police force and immigration.



-- J. Does the government encourage victims to assist in the
investigation and prosecution of trafficking? How many victims
assisted in the investigation and prosecution of traffickers during
the reporting period? May victims file civil suits or seek legal
action against traffickers? Does anyone impede victim access to
such legal redress? If a victim is a material witness in a court
case against a former employer, is the victim permitted to obtain
other employment or to leave the country pending trial proceedings?
Are there means by which a victim may obtain restitution?



No. The victims in the two known cases from the 2008 reporting
period were assisted in their repatriation before they could assist
in investigations or prosecutions. There were no cases reported
during the current reporting period.
Q

-- K. Does the government provide any specialized training for
government officials in identifying trafficking victims and in the
provision of assistance to trafficked victims, including the
special needs of trafficked children? Does the government provide
training on protections and assistance to its embassies and
consulates in foreign countries that are destination or transit
countries? What is the number of trafficking victims assisted by
the host country's embassies or consulates abroad during the
reporting period? Please explain the type of assistance provided
(travel documents, referrals to assistance, payment for
transportation home).



The Gender Affairs Directorate runs a gender awareness training for
the Antigua and Barbuda Royal Police Force.



Antigua has very few Embassies world-wide and has not provided
assistance through any of its embassies during the current
reporting period.



-- L. Does the government provide assistance, such as medical aid,
shelter, or financial help, to its nationals who are repatriated as
victims of trafficking?



There have been no reported cases of Antiguans being trafficked.
Gender Affairs has specialized services in place should a case
arise.



-- M. Which international organizations or NGOs, if any, work with
trafficking victims? What type of services do they provide? What
sort of cooperation do they receive from local authorities?



Other than general funding for the social services operations of
the Gender Affairs Directorate, the GOAB has not allocated funding
toward anti-TIP specific protection services. However, these social
services can be and have been provided to TIP victims. Other NGOs
provide services such as health screening and assistance in
repatriation.



Organizations that wQk with trafficking victims are the Caribbean
Conference of Churches, Caribbean International HIV/AIDS Alliance,
Population Services International, and the Red Cross. UNHCR
provides medical assistance and help with repatriation.

Cooperation from police and immigration needs improvement. In
addition, the GOAB should provide increased funding to its Gender
Affairs Directorate and the National Coalition Against Trafficking
in Persons, as both have proven track records as the most effective
and knowledgeable institutions to prevent trafficking, identify
cases and protect victims.



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

Para 29 - Prevention

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




6. (SBU):



-- A. Did the government conduct anti-trafficking information or
education campaigns during the reporting period? If so, briefly
describe the campaign(s),including their objectives and
effectiveness. Please provide the number of people reached by such
awareness efforts, if available. Do these campaigns target
potential trafficking victims and/or the demand for trafficking
(e.g. "clients" of prostitutes or beneficiaries of forced labor)?
(Note: This can be an especially noteworthy effort where
prostitution is legal. End Note.)



The government has provided education and awareness campaigns in
the form of brochures and radio spots. These campaigns have been
bilingual in many instances to reach the Spanish-speaking
population in Antigua.



-- B. Does the government monitor immigration and emigration
patterns for evidence of trafficking?



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. The GOAB also provided some human and
material resources to assist with the Advanced Passenger
Information System (APIS),which runs background criminal history
checks on travelers before they depart their countries of origin.
Through this region-wide network, law enforcement agencies share
information, which leads to investigations and detainment of
suspected criminals once they arrive at immigration and customs.



-- C. Is there a mechanism for coordination and communication
between various agencies, internal, international, and multilateral
on trafficking-related matters, such as a multi-agency working
group or a task force?



The GOAB formed the National Coalition Against Trafficking in
Persons, which 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 is coordinated by the Directorate of
Gender Affairs, and 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.



-- D. Does the government have a national plan of action to address
trafficking in persons? If the plan was developed during the

reporting period, which agencies were involved in developing it?
Were NGOs consulted in the process? What steps has the government
taken to implement the action plan?



The National Coalition has a national action plan that focuses on
educating immigrants, the general public, and frontline workers on
human trafficking; establishes a spokesperson to represent the
Coalition; combining outreach and protection efforts with the
Gender Affairs crisis hotline; and creating a legislative review of
anti-TIP laws and statutory instruments in Antigua and Barbuda;
share information and cooperate with law enforcement
investigations. NGOs, religious groups, and community advocates
were consulted and take part in the monthly meetings. The plan is
transparent and shared with any person who assists in anti-TIP
efforts.



-- E: What measures has the government taken during the reporting
period to reduce the demand for commercial sex acts?



Commercial sex is illegal in Antigua and Barbuda; however, it is
not a priority. There have been no government programs to reduce
demand for commercial sex during the rating period.



-- F. What measures has the government taken during the reporting
period to reduce the participation in international child sex
tourism by nationals of the country?



There have been no reports of international sex tourism. Neither
the government, nor local NGOs have any evidence that child sex
tourism occurs in Antigua. There are no laws or programs designed
to reduce the participation of Antiguans' participation in child
sex tourism outside of the country.



The GOAB National Coalition Against Trafficking in Persons appears
very concerned about TIP and works very well with regional and
local NGOs, religious representatives and community advocates to
better organize their efforts and outreach.



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

Para 30 - Partnerships

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




7. (U)



-- A. Does the government engage with other governments, civil
society, and/or multilateral organizations to focus attention and
devote resources to addressing human trafficking? If so, please
provide details.



The GOAB regularly participates in regional fora focused on TIP
issues. Gender Affairs has played a lead role in working with the
IOM and speakers from G-TIP in the past to promote multilateral
cooperation to combat trafficking.



-- B. What sort of international assistance does the government

provide to other countries to address TIP?



None.
HARDT