TIP SUBMISSION - BARBADOS

UNCLAS BRIDGETOWN 000025 SIPDIS SENSITIVE STATE FOR G - LAURA PENA STATE FOR G/TIP - STEPHANIE KRONENBURG STATE FOR WHA/CAR - KAREN JO MCISAAC STATE FOR WHA/PPC STATE ALSO FOR INL, DRL, PRM E.O. 12958: N/A TAGS: PHUM PGOV PREF KTIP ELAB KCRM KFRD KMCA KWMN SMIG ASEC, XL SUBJECT: TIP SUBMISSION - BARBADOS ¶1. (U) As requested reftel, below are Post's responses to questions regarding Barbados for the annual Trafficking in Persons (TIP) Report. -------------- -------------- PARA 25 - THE COUNTRY'S TIP SITUATION -------------- -------------- ¶2. (SBU) -- A. What is (are) the source(s) of available information on human trafficking? What plans are in place (if any) to undertake further documentation of human trafficking? How reliable are these sources? The Gender Affairs Bureau is the focal point for much of the information on trafficking, documenting cases as they become known. The Business and Professional Women's Club of Barbados is a local non-governmental organization (NGO) that is partially funded by the Government of Barbados (GOB),which covers trafficking issues and documents trafficking. -- 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)? From where are people recruited or from where do they migrate prior to being subjected to these exploitative conditions? To what other countries are people trafficked and for what purposes? Provide, where possible, numbers or estimates for each group of trafficked victims. Have there been any changes in the TIP situation since the last TIP Report (e.g. changes in destinations)? Barbados has been reported to be 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. To what kind of conditions are the trafficking victims subjected? According to local news reports and other sources, there are a few "entertainment clubs" that operate as brothels in Barbados, where women from other Caribbean nations are prostituted. There are also private residences that operate as brothels. The conditions, according to sources, vary, but in most cases the women's travel documents are confiscated and they are threatened with deportation. -- D. Vulnerability to TIP: Are certain groups of persons more at risk of human trafficking (e.g. women and children, boys versus girls, certain ethnic groups, refugees, IDPs, etc.)? If so, please specify the type of exploitation for which these groups are most at risk (e.g. girls are more at risk of domestic servitude than boys). There are no reports of Barbadians being trafficked. Legal and illegal immigrants from 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 gain direct access to victims? For example, are the traffickers recruiting victims through lucrative job offers? Are victims sold by their families, or approached by friends of friends? Are victims "self-presenting" (approaching the exploiter without the involvement of a recruiter or transporter)? If recruitment or transportation is involved, what methods are used to recruit or transport 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 Embassy sources, the traffickers are largely members of Guyanese organizations, with Trinidadian and Barbadian cohorts 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 human trafficking is a problem in the country? If not, why not? Yes, the parliament has debated the issue and it is a government priority. Minister for Youth, Family and Sport Byer-Suckoo, as well as the governmens's Bureau of Gender Affairs, have maintained a regular and aggressive public campaign to raise awareness of TIP issues and promote changes in social norms that provide a permissive environment for certain kinds of TIP, primarily transactional sex involving minors. -- B. Which government agencies are involved in efforts to combat sex and labor trafficking - including forced labor - and, which agency, if any, has the lead in these efforts? A number of government agencies are involved in anti-trafficking efforts in Barbados. These include the Immigration Department, the Customs and Excise Department, the Royal Barbados Police Force, the Labor Department, the Welfare Department, the Child Care Board and the Bureau of Gender Affairs. The Bureau of Gender Affairs is the lead agency in combating TIP. -- C. What are the limitations on the government's ability to address these problems 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? The GOB recognizes the nature of the problem, however, law enforcement and immigration officials still do not yet have the appropriate training, funding, and other necessary mechanisms to monitor and investigate suspected cases of sexual and domestic servitude. The GOB has the resources to aid 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? The Police, Immigration, and Gender Affairs Bureau are tasked with anti-trafficking monitoring and efforts. Minister Byer-Suckoo stated recently that, while Barbados hasn't "seen much" trafficking, it must remain vigilant and work to "put the necessary systems in place to prevent [trafficking] from happening [in Barbados]." -- E. What measures has the government taken to establish the identity of local populations, including birth registration, citizenship, and nationality? Barbados has nation-wide registration, including the dissemination of national identification cards, with births universally registered. Citizenship and nationality are also identified via central registration techniques and issuance of citizenship documents such as passports. -- 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 GOB is fully capable of gathering datea required for an in-depth assessment and analysis of law enforcement efforts, and does so periodically for internal and public consumption. -------------- -------------- -------------- PARA 27 - INVESTIGATION AND PROSCECUTION OF TRAFFICKERS -------------- -------------- -------------- ¶4. (SBU) -- A. Existing Laws against TIP: Does the country have a law or laws specifically prohibiting trafficking in persons -- both 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 specific laws against TIP. However, Byer-Suckoo's ministry, as well as the Gender Affairs Bureau, have informed us that the anti-trafficking legislation drafting began in 2007. Since then, the Gender Affairs Bureau has been meeting with various stakeholders to further discuss human trafficking. 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, for example, 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 the trafficking of persons for commercial sexual exploitation, including for the forced prostitution of adults and the prostitution of children? The Sexual Offences Act, Cap. 154 and the Offences Against the Person Act, Cap. 141 address conduct which may amount to trafficking in persons both for sexual and non-sexual purposes. Part I of the Sexual Offences Act, which makes provisions for what amounts to a sexual offense, should be noted as these offenses may be similar to what amounts to an offense of trafficking in persons for sexual purposes or conduct that facilitates the offense of trafficking in persons for sexual purposes. -- C. Punishment of Labor Trafficking Offenses: What are the prescribed and imposed penalties for labor trafficking offenses, including all forms of forced 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 compelled service in the destination country? If your country is a destination for labor migrants (legal/regular or illegal/irregular),are there laws punishing employers or labor agents who confiscate workers' passports or travel documents for the purpose of labor trafficking, switch contracts without the worker's consent as a means to keep the worker in a state of compelled service, or withhold payment of salaries as means of keeping the worker in a state of compelled service? Section 14 of the Barbados constitution provides that no persons shall be held in slavery or servitude, and no persons shall be required to perform forced labor. Sections 33 and 34 of the Offences Against the Person Act speak to the crime of slavery. However, Sections 30 and 31 of the aforementioned Act should be noted as they speak directly to the respective crimes of kidnapping, abduction and wrongfully concealing a person, and that such conduct may be used to facilitate slavery. The GOB drafted a protocol for anti-TIP action in 2004, which the Gender Affairs Bureau has shared with other government agencies for comment. The protocol should be introduced in Parliament in April of this year. -- D. What are the prescribed penalties for rape or forcible sexual assault? (NOTE: This is necessary to evaluate a foreign government's compliance with TVPA Minimum Standard 2, which reads: "For the knowing commission of any act of sex trafficking ... the government of the country should prescribe punishment commensurate with that for grave crimes, such as forcible sexual assault (rape)." END NOTE) The penalty for rape or forcible sexual assault is 10 years to life in prison. -- E. Law Enforcement Statistics: Did the government take legal action 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 trafficking offenders 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). What were the actual punishments imposed on convicted trafficking offenders? Are they serving the time sentenced? If not, why not? According to the Gender Affairs Bureau, 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. -- F. Does the government provide any specialized training for law enforcement and immigration officials on identifying and treating victims of trafficking? Or training on investigating and prosecuting human trafficking crimes? Specify whether NGOs, international organizations, and/or the USG provide specialized training for host government officials. Barbadian officials regularly participate in anti-TIP training opportunities offered by the USG and the international community. In November, 2009 GOB officials participated in a USG-sponsored training in St. Kitts and Nevis. In January, 2010, GOB officials also participated in International Organization for Migration (IOM)-sponsored training. --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. Barbados cooperates regularly with other Caribbean countries via the Gender Affairs Unit at the CARICOM Secretariat in Guyana. The GOB has also fully cooperated with international law enforcement organizations to identify and track migration to and through Barbados. For example, the GOB has provided human as well as limited material and financial resources - in cooperation with the U.S. - for the Advanced Passenger Information System, which checks the criminal backgrounds and migration history of individuals traveling to or through Barbados before they depart their countries of origin. -- 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. No, there is no such evidence of government involvement in or tolerance of trafficking, on a local or institutional level. -- J. If government officials are involved in human trafficking, what steps has the government taken to end such complicity? Please indicate the number of government officials investigated and prosecuted for involvement in trafficking or trafficking-related criminal activities 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. There is no evidence suggesting government officials are involved in TIP, and no government officials have been charged or prosecuted for TIP offenses. -- 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. Barbados does not generally 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? Barbados does not have an identified problem of child sex tourists coming to the country. -------------- -------------- 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 GOB has no specific legal protections for victims of trafficking; however, existing programs to assist victims of other crimes could easily be used to support trafficking victims. For example, through the Gender Affairs Bureau, assistance can be provided to both victims and witnesses, in concert with local NGOs and attorneys. -- 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. There are government sponsored shelters run by the Barbados Business Professional Women's Club and the Salvation Army to house victims. Total funding for the two facilities is approximately USD $300,000 per year. -- 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. Victims are normally deported for immigration violations before any services can be provided, or they can assist in prosecutions. Without anti-TIP legislation, the Immigration Department is legally bound to detain and deport. -- 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. Assistance is available to TIP victims, in terms of shelter and medical care. These services are available to all victims of crime and are not specific to TIP victims. -- E. Does the government provide longer-term shelter or housing benefits to victims or other resources to aid the victims in rebuilding their lives? Not at present. -- 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)? Yes, any victims of trafficking identified by the government would be referred to the Bureau of Gender Affairs for support services. -- G. What is the total number of trafficking victims identified during the reporting period? (If available, please specify the type of exploitation of these victims - e.g. "The government identified X number of trafficking victims during the reporting period, Y or which were victims of trafficking for sexual exploitation and Z of which were victims of nonconsensual labor exploitation.) 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 reports of TIP victims 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? Yes, the GOB's law enforcement, immigration, and social services personnel do have proactive systems in place to identify potential victims of trafficking. These systems function at the air and sea ports as well as internally. -- 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 normally deported for immigration violations before any services can be provided, or they can assist in prosecutions. Without anti-TIP legislation, the Immigration Department is legally bound to detain and deport. -- 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? As there were no reports of TIP victims, practical references cannot be cited. -- 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 Bureau of Gender Affairs collaborates with the Business and Professional Women's Club of Barbados to sensitize government agencies on the differences between smuggling and trafficking, the importance of referral mechanisms and working with civil society groups, and the importance of implementing a trafficking-specific protocol and legislation to better target their efforts. Barbados has very few Embassies worldwide 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 Barbadians being trafficked. The Bureau of Gender Affairs has specialized services in place should a case arise, however. -- 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? Organizations that work 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 is provided by the Barbados Police Force and Immigration Department. -------------- 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 GOB has provided education and awareness campaigns in the form of workshops and press releases. It should also be noted that Minister for Youth, Family Affairs and Sport Byer-Suckoo has led public discussions on the issue. -- B. Does the government monitor immigration and emigration patterns for evidence of trafficking? Barbados is the headquarters and largest financial supporter of the Regional Security Service (RSS),a coalition of top-level police, customs, immigration, military, and Coast Guard representatives from across the Caribbean. The GOB 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? Various agencies coordinate and cooperate on illegal immigration issues as well as gender violence issues. There is no coordinated mechanism to address trafficking in persons specifically, however. -- 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 GOB does not have a "national plan of action" for TIP, but did draft a protocol for anti-TIP action in 2004 which the Bureau of Gender Affairs shared widely with other government agencies. The anti-TIP protocol should be introduced to Parliament in April, 2010 for additional discussion and action. -- E: Required of all Posts: What measures has the government taken during the reporting period to reduce the demand for commercial sex acts? (please see ref B, para. 9(3) for examples) Commercial sex is illegal in Barbados, and the GOB continued its public awareness campaign to reduce the demand for commercial sex acts. -- F. Required of all Posts: 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 child sex tourism. Neither the government nor local NGOs have any evidence that child sex tourism occurs in Barbados. -------------- PARA 30 - PARTNERSHIPS -------------- ¶7. (SBU) -- 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 GOB regularly engages with other governments, civil society and multilateral organizations, including the Caribbean Conference of Churches, Caribbean International HIV/AIDS Alliance, Population Services International, Red Cross, and UNHCR to focus attention and devote resources to address human trafficking. During the reporting period, immigration representatives also observed the anti-TIP methods employed by adjudicating officers in the Embassy's Consular Section. -- B. What sort of international assistance does the government provide to other countries to address TIP? International assistance is provided mainly through the RSS and regional organizations listed above. ¶8. (U) The Embassy point of contact is Poloff Jamal A. Al-Mussawi, who can be reached at Al-MussawiJA@state.gov; 246-227-4237 (office); 246-227-4174 (fax). The approximate number of hours spent by the FS-03 drafter was 40; FS-01 clearer, 8; and OC approver, 8. HARDT