TIP SUBMISSION - ST KITTS AND NEVIS

UNCLAS BRIDGETOWN 000033

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 - ST KITTS AND NEVIS

REF: STATE 2094


1. (U) As requested in reftel, below are Post's responses to
questions regarding St. Kitts and Nevis 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
trafficking in persons? What plans are in place (if any) to
undertake further documentation of human trafficking? How
reliable are these sources?

There are four sources of TIP information available: the press, the
police, the Ministry of Gender Affairs, and the Prime Minister's
office, which is primarily contacted through
the press secretary. All sources are reliable, though the
government is careful about what information it releases to the
Embassy. The government and civil society do not consider TIP to be
problem in the country.

-- B. Is the country a country of origin, transit, and/or
destination for internationally trafficked men, women, or children?
Does trafficking occur within the country's borders? If so, does
internal trafficking occur in territory outside of the government's
control (e.g. in a civil war situation)? To where are people
trafficked? For what purposes are they trafficked? Provide, where
possible, numbers or estimates for each group of trafficking
victims. Have there been any changes in the TIP situation since the
last TIP Report (e.g. changes in destinations)?

St. Kitts and Nevis (SKN) is a small twin-island nation with a
population of 42,000. There have been no reports of TIP from the
government or the press during the reporting period.
In conversations with TIP contacts, the only potential TIP concerns
are persons being trafficked through St. Kitts and Nevis to the
U.S., Europe or Canada. St. Kitts and Nevis has
the potential to become a country of transit primarily for young
women from the Dominican Republic, Guyana, Venezuela or other
countries in the region. There are no reports of
trafficking occurring within the country's borders. There are no
sources of TIP statistics and estimates point to a minimal problem,
if any. There was no change in the TIP situation in 2009.

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

There have been no reports of women traveling or being trafficked
to SKN to engage in prostitution, but prostitution exists. There
have been no reports of sexual slavery or
trafficking of children for prostitution.

-- 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.)?



Young women are the most vulnerable group in SKN, but there is
currently no evidence that they are being trafficked.

-- 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?

There have been no reports of TIP by the press or the government.
Small business owners of establishments such as bars and/or
brothels may offer women employment as prostitutes, however there
is no evidence any women have been trafficked against their will.
There is no indication that employment, travel, or tourism
agencies, or marriage brokers, are involved in TIP.

--------------
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? If not, why not?

The government does not deny that TIP may occur in isolated
incidents, but does not acknowledge TIP is a serious problem, and
there have been no reports of TIP.

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

The police, Ministry of Gender affairs, Ministry of Justice and the
Ministry of National security are all involved in anti-TIP efforts.
The Ministry of Justice and the police
have the lead. The police investigate TIP cases and the Ministry of
Justice is responsible for prosecuting TIP cases.

-- 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?

Almost every government agency in St. Kitts and Nevis lacks
sufficient resources, including funding and staffing. The police
suffer from a lack of experience and training in TIP,
and are preoccupied with a serious and escalating crime situation.
They have few resources dedicated to potential trafficking cases
and enforcement against prostitution is
almost non-existent. The St. Kitts and Nevis Defense Force's
ability to patrol the country's coastline is limited.

-- 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 government does not take specific measures to monitor potential
trafficking and has no official reports or statistics.




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



GOSKN has a birth registration system for all children born in St.
Kitts and Nevis. All children born to citizens of St. Kitts and
Nevis abroad are entitled to citizenship. There is a formal
process for deriving citizenship through immigration.



--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 GOSKN has asked for international help to address gaps in the
country's law enforcement efforts. The United States, the EU and
Canada provide regular training and capacity building programs to
address these gaps.


--------------
PARA 27 - INVESTIGATION AND
PROSECUTION 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?

In August, 2008, St. Kitts and Nevis passed the Trafficking in
Persons Prevention Act in order to prevent, punish and suppress
trafficking in persons for both sexual exploitation and labor. The
trafficking in persons laws criminalize the act of trafficking in
persons and include all elements of the offense so that the person
who masterminds the trafficking is
just as culpable as the person who actively participates in the
offense. The law covers both internal and transnational forms of
trafficking. The law also addresses the restricting
of a person's movement by unlawfully withholding identification of
travel documents and allows the courts to order the perpetrator of
the trafficking to pay restitution to the victims.

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

The penalties for trafficking people for sexual exploitation is 20
years imprisonment or a $250,000 EC($92,500 US) fine, or both,
based on the court's discretion.

-- 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?

The penalties for trafficking people for sexual exploitation is 20
years imprisonment or a $250,000 EC ($92,500 US) fine, or both,
based on the court's discretion. St. Kitts is a
labor destination country, and under the Trafficking in Persons
Prevention Act, the government may prosecute anyone who
participates in TIP at any level.

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

The maximum penalty for rape or forcible sexual assault is life
imprisonment. Indecent assault on a minor carries a maximum penalty
of 10 years 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?

The government did not prosecute any cases against human
trafficking offenders. St. Kitts and Nevis is a labor destination
country, but there were no cases of labor agents confiscating
workers' 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.

The government has partnered with the International Organization
for Migration to provide some training on how to recognize and
investigate instances of trafficking.

--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.

There are no such cases on record.

-- 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.

The government has never extradited or charged anyone with
TIP-related crimes. Under the Trafficking in Persons Prevention
Act, TIP is an extraditable offense.

-- 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.

-- 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.

There is no evidence suggesting government officials are involved
in TIP, and no government officials have been charged or prosecuted
for TIP-related 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.


The GOSKN 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?

St. Kitts and Nevis 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 Trafficking in Persons Prevention Act provides protection for
victims of TIP and includes protections against recapture, threats,
reprisals and intimidation by the traffickers and associates. These
same protections apply to the victim's family.

-- 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.

St. Kitts and Nevis does not operate a victim care facility or
shelter.

-- 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 Ministry of Gender affairs is able to provide minimal
counseling for victims, but the government does not currently
provide funding or shelter.

-- 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.

The government does not provide access to legal and psychological
services, but would provide basic medical services to victims of
TIP through the state-run hospital.

-- 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.

-- 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)?

No.

-- 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 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?

There is no system in place to proactively identify TIP victims.

-- 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?

Since there were no reports of TIP victims, this information is
unavailable.

-- 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?

Since there were no reports of TIP victims, this information is
unavailable.

-- 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).

Various government employees have received training in identifying
potential TIP victims, but this training has not reached all
relevant personnel. There are no reports of the embassies of St.
Kitts and Nevis assisting TIP victims abroad.

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

The government does not provide any special services specific to
TIP victims. If victims of TIP who are nationals of St. Kitts and
Nevis are repatriated, only the normal social
services are available.

-- 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?

International Organization for Migration has provided some training
and assistance in developing standards and action plans, and
receives good cooperation from the government.

--------------
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 did not conduct anti-trafficking for education
campaigns. However, the government co-hosted a regional conference
with U.S. military support that addressed all aspects of illicit
trafficking, including human trafficking. The Prime Minister
addressed this event, and spoke at length about the Government's
commitment to combat trafficking in persons in St. Kitts and Nevis.


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

The government does not monitor immigration and emigration patterns
for evidence of trafficking.

-- 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?

There are no specific mechanisms for coordination and communication
between various agencies on trafficking-related matters aside from
normal communication on criminal activity among government
agencies.

-- 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?

There is no government plan of action to address TIP.

-- E: What measures has the government taken during the reporting
period to reduce the demand for commercial sex acts? (see ref B,
para. 9(3) for examples)

The government undertakes minimal action to stop prostitution as
part of its regular law enforcement responsibilities.

-- 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 is no evidence of participation in international child sex
tourism by nationals of St. Kitts and Nevis.

--------------
PARA 30 - PARTNERSHIPS


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


6. (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.



St. Kitts and Nevis regularly receives training from the USG, the
IOM and the UN on anti-trafficking efforts.



-- B. What sort of international assistance does the government
provide to other countries to address TIP?



St. Kitts and Nevis is a country of only 42,000 people and does not
generally provide assistance to other countries.
HARDT