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.



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PARA 25 - THE COUNTRY'S TIP SITUATION

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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.



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PARA 26 - SETTING THE SCENE FOR THE GOVERNMENT'S ANTI-TIP EFFORTS

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




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.



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PARA 27 - INVESTIGATION AND PROSCECUTION OF TRAFFICKERS

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




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.



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PARA 28 - PROTECTION AND ASSISTANCE TO VICTIMS

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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.



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PARA 29 - PREVENTION
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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.



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PARA 30 - PARTNERSHIPS

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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