JAMAICA: TRAFFICKING IN PERSONS ASSESSMENT

UNCLAS KINGSTON 000244 SENSITIVE SIPDIS STATE FOR WHA/CAR (VELIA DEPIRRO, WILLARD SMITH, JOSLYN MACK-WILSON, MICHAEL FORTIN G (LAURA PENA) G/TIP (AMY ROFMAN) E.O. 12958: N/A TAGS: PHUM SMIG KTIP KCRM KWMN KFRD ASEC PREF ELAB XL JM SUBJECT: JAMAICA: TRAFFICKING IN PERSONS ASSESSMENT REF: STATE 002094 ¶1. (U) Per Reftel, the following is Embassy Kingston's submission of information requested for the 2010 Trafficking in Persons (TIP) report: ¶2. (SBU) Jamaica's TIP Situation -------------- ¶A. Sources of information include: Jamaican media; the Government of Jamaica (GOJ)'s TIP Task Force; the Ministry of National Security (MNS); Ministry of Labour and Social Security (MLSS); Jamaica Constabulary Force (JCF); the Bureau of Women's Affairs (BWA); the Office of the Children's Advocate (OCA); the Ministry of Justice (MOJ); the Director of Public Prosecutions (DPP); Embassy Kingston's Narcotics Affairs Section (NAS); Immigration and Customs Enforcement (ICE); U.S. Agency for International Development (USAID); NGO Children First; NGO Independent Jamaica Council on Human Rights (IJCHR); NGO Hear the Children Cry; NGO International Organization for Migration (IOM); NGO Women's Incorporated; NGO People's Action for Community Transformation (PACT); NGO Theodora Project; NGO Western Society for Upliftment of Children (WSUC); and NGO Organization for Strategic Development in Jamaica (OSDJ). Each of these sources may be considered generally reliable, but none may be considered authoritative. The last comprehensive study of Jamaica's TIP situation was in 2005, and no additional studies are planned in the near term. ¶B. Jamaica is a source, transit, and destination country for women and children trafficked for the purpose of sexual exploitation and forced labor. The majority of victims are poor Jamaican women and girls, and increasingly boys, who are trafficked from rural to urban and tourist areas for commercial sexual exploitation. Trafficking is also purported to occur into and within Jamaica's garrison communities, which are effectively territories outside of the government's control. There are also reports of children being forced to sell items in informal marketplaces. Child sex tourism in resort areas has been identified as a problem. Some Jamaican women and girls have been trafficked to Canada, the United States, the Bahamas, and other Caribbean destinations for commercial sexual exploitation. However, instances of trafficking from Russia and Eastern Europe have reportedly been curtailed due to higher work permit fees for foreign exotic dancers. There has been one successful TIP prosecution under Jamaica's 2007 Trafficking Act, in 2008. However, the Ministry of Justice advises that many TIP cases are prosecuted in local Resident Magistrate courts under different laws (under the Child Protection Act, for example, or as prostitution, kidnapping, or carnal abuse offenses) and are therefore not reported as trafficking cases. The JCF superintendent in Negril confirmed this, noting that there had been at least three TIP cases filed under non-TIP charges in the local Resident Magistrate's court since August 2009; this is likely the case in other jurisdictions as well. Given that there is inadequate coordination and communication between GOJ authorities in Kingston and local officials on the ground, it is likely that TIP cases are routinely underreported. ¶C. Trafficking victims are generally subjected to involuntary prostitution in locations far from their home communities. Victims are generally forced to work in bars, restaurants, nightclubs, brothels, resorts, on the streets or on beaches, and have little capacity to return to their home communities due to lack of funds. ¶D. Generally, women and girls from rural and inner-city garrison communities are more at risk of human trafficking, although young boys are increasingly at risk as well. ¶E. There do not appear to be any large scale trafficking organizations at work in Jamaica, although small scale operations are likely to exist. Young girls are purportedly trafficked into and within garrison communities for purposes of forced prostitution by the criminal syndicates that control such enclaves. There is a widespread belief among the NGO community that many if not most of those children reported as "missing" are trafficked into garrison communities or tourist destinations. Similarly, much of the prostitution in Montego Bay appears to be under the control of pimps, referred to as "bosses" or "big men," although contacts in Negril doubted that such was the case in that resort area. Victims are typically recruited by persons close to them or newspaper advertisements promoting work as spa attendants, masseuses, dancers, or to work in the tourist industry; after being recruited, victims are coerced into prostitution. The JCF superintendent in Negril also reported the increasing use of the Internet and cell phone text messages to lure TIP victims into the commercial sex trade in tourist areas. In one case, a contact reported that she and a friend answered an advertisement to work as a masseuse. After traveling from Montego Bay to Kingston by bus, their passports and other documents were taken from them during their initial "job interview." Luckily, the two friends escaped, leaving their documents behind, and were forced to beg money for the return bus fare home. ¶3. (SBU) Setting the Scene for the GOJ's Anti-TIP Efforts -------------- -------------- - ¶A. The GOJ took significant steps to apprehend, investigate, prosecute, and convict trafficking offenders during 2009. The GOJ prohibits all forms of trafficking through its comprehensive Trafficking Act of Jamaica (2007). The Act, which prescribes sufficiently stringent penalties of up to 10 years' imprisonment, applies to those who committed, facilitated, or knowingly benefited from the offense. The GOJ acknowledges that trafficking occurs and is a concern, and has shown considerable dedication and resoluteness in addressing the issue. In July, Parliament approved a child pornography bill, criminalizing commercial sexual exploitation of children. The law applies to the production, possession, importation, exportation and distribution of child pornography, and carries a maximum penalty of 20 years' imprisonment and a fine of USD 5,600. ¶B. The GOJ's National Anti-Trafficking Task Force, located administratively in the Ministry of National Security, coordinates among various NGOs and government agencies - including the MOJ, MLSS, JCF, BWA, OCA, CDA, DPP, IOM, PACT, and Women's Incorporated - on trafficking-related matters as per the national action plan. Major Richard Reese, the MNS Permanent Secretary (PS),serves as the Chairman of the National Anti-Trafficking Task Force. A specialized police anti-trafficking unit within the Organized Crime Division of the JCF compiled data on trafficking investigations and related legal proceedings. ¶C. Limitations on the GOJ's ability to address TIP problems in practice include: the generally slow pace of the Jamaican judicial process, with most cases taking months or even years to litigate; the lack of communication and coordination between the GOJ and local authorities; GOJ financial constraints due to Jamaica's historically poor economic performance and inordinately high debt-to-GDP ratio, which has resulted in most government revenues being used to service the GOJ's debt. Nevertheless, despite these constraints, Post believes that the GOJ continues to make good faith efforts to prosecute TIP cases, through both the Trafficking Act and other legislation, as evidenced by the three cases initiated in Negril in 2009 as well as the arrest and prosecution of a prominent Jamaican-American evangelist for carnal abuse of two underage girls in Savannah-la-Mar. ¶D. The GOJ has done a commendable job of monitoring and reporting on its anti-TIP efforts, and has been forthcoming with those assessments with the USG and other international organizations. ¶E. The GOJ establishes the identity of local populations through a virtually universal birth registration system and a national electoral registration system. ¶F. Despite fiscal constraints and the lack of coordination between the national government and local authorities, the GOJ is capable of gathering the data required for an in-depth assessment of law enforcement efforts. The last major study, "Human trafficking for sexual exploitation and forced labour in Jamaica," was released in 2007, although it used non-random sampling methods. The primary gaps appear to be lack of coordination between the DPP, MOJ and local Resident Magistrate courts, and between the MNS/JCF and local JCF units in the field. While economic growth and an improved fiscal climate might ameliorate the situation, much of the problem appears systemic and engrained in the political culture, with local authorities often not reporting on their activities to, or coordinating with, the national government. ¶4. (SBU) Investigation and Prosecution of Traffickers -------------- -------------- ¶A. The GOJ's Trafficking Act became law in 2007. Trafficking cases also may be prosecuted under the Child Protection Act of 2004, which specifically prohibits the trafficking of minors, as well as statutes prohibiting prostitution, kidnapping, and carnal abuse. In 2009, the Offences against the Persons Act was amended to provide greater protections to children, by omitting references to "girls and women" and replacing them with the more inclusive "persons". Parliament also passed the Sexual Offences Act, which provided for the establishment of a Sexual Offender Registry and for the first time collected all offenses of a sexual nature under one piece of legislation. The Child Pornography Prevention Act, enacted by Parliament to address the issues of pornography and pornographic performances, will provide for prison sentences of up to 20 years, as well as fines of up to USD 500,000. ¶B. The Trafficking in Persons Act provides penalties of up to 10 years' imprisonment for permitting or facilitating trafficking. It also allows for restitution to the victim. The Child Care and Protection Act specifically prohibits the sale or trafficking of minors and provides that violators receive the maximum penalty under the law. This law subjects convicted traffickers to a fine or imprisonment with hard labor for a term not exceeding 10 years, or both. ¶C. Punishment of labor trafficking offenses carries the same penalties as trafficking for sexual exploitation. ¶D. Under the 2009 Sexual Offences Act, the crime of rape carries a maximum penalty of 25 years imprisonment. ¶E. During 2009, the JCF conducted at least four raids and made two arrests on trafficking charges, although there were no convictions under the Trafficking Act or the Child Care and Protection Act. However, at least three cases were brought in Resident Magistrates court in Negril on carnal abuse charges that met the G/TIP definition for trafficking, and it is likely that similar TIP cases filed under different statutes were prosecuted in other jurisdictions. For example, in June, a prominent Jamaican-American evangelist was arrested on carnal abuse charges in Savannah-la-Mar for having sex with a 15 year-old girl in his hotel room while a 14 year-old girl was present, after which he gave them money. The case was filed in Resident Magistrates court in Savannah-la-Mar and is ongoing. Four outstanding cases were mentioned in the 2009 TIP report. In one, four minors pleaded guilty to lesser charges, and in return were cooperating with authorities in building a trafficking case against an adult suspect. In another, authorities and family members decided to repatriate the victim, a Burmese national, to her home country rather than press charges. A third case is scheduled to go to trial in March 2010, while in the fourth the suspect has absconded while on bail and his current whereabouts are unknown. The GOJ's TIP Task Force reports that it had received information on 32 potential victims in 2009: 12 are involved in active cases that are currently before the courts, while the other 20 were involved in either cases for which sufficient evidence was not available for prosecution or cases in which overtures were made, but no offence occurred. ¶F. Law enforcement training taught ways to identify trafficking victims and directed police not to charge the victims with crimes such as solicitation or pandering. The IOM, in collaboration with the MNS and using its manual on prevention and suppression of trafficking, trained judicial authorities and attorneys in the DPP's office to adequately address such issues. In July, the MNS conducted training for Resident Magistrates, prosecutors, JCF anti-trafficking units, Narcotics and Transnational Units, the Ministry of Foreign Affairs and Foreign Trade (MFAFT),and NGOs during a two-day conference. The MNS also provided specialized training for operators in its Victim's Support Unit and maintained a trafficking hotline. ¶G. The GOJ does cooperate with other governments in the investigation and prosecution of trafficking cases. In January 2009, the GOJ cooperated with colonial authorities in Curacao regarding the cases of 10 Jamaicans who were lured to the Netherland Antilles by the promise of work, only to be locked up and forced into prostitution. Four victims escaped, but information was not available on the remaining six. ¶H. The GOJ did not extradite any persons charged with trafficking in other countries in 2009. ¶I. Although official corruption is endemic in Jamaica, there is no evidence of government involvement in, or tolerance of, trafficking on a local or institutional level. ¶J. Although there has been no evidence of government involvement in human trafficking, there have been a number of anti-corruption cases prosecuted against government officials in 2009 up to and including Members of Parliament and junior Cabinet ministers. Were any government officials involved in human trafficking, or if any cases are brought to light in the future, it appears likely that they would be prosecuted to the full extent of the law. ¶K. In early 2010, the GOJ contributed Jamaica Defence Force (JDF) troops to provide aid following the January 12 earthquake in Haiti. None of these troops are known to have engaged in or facilitated severe forms of trafficking or to have exploited victims of such trafficking, and therefore the GOJ did not have the occasion to investigate, prosecute, convict or sentence any nationals engaged in peacekeeping operations. ¶L. Child sex tourists visiting Jamaica hail primarily from the United States, Canada, and Europe. Although child sex tourism is widely believed to take place in popular tourist destinations such as Montego Bay and Negril, such cases are difficult to identify and there have been few arrests or prosecutions in recent years. However, in June, a prominent Jamaican-American evangelist was arrested on carnal abuse charges in Savannah-la-Mar for having sex with a 15 year-old girl in his hotel room while a 14 year-old girl was present, after which he gave them money. The case was filed in Resident Magistrates court in Savannah-la-Mar and is ongoing. Given the fact that most trafficking cases are likely prosecuted under other statutes in local Resident Magistrate courts, it would be difficult to ascertain the number of prosecutions or deportations/extraditions of foreign pedophiles. Jamaica's child sexual abuse laws do not have extraterritorial coverage. ¶5. (SBU) Protection and Assistance to Victims -------------- -------------- ¶A. Jamaica has free health care in all public hospitals and health centers, which provides medical and, if necessary, psychological treatment, for the public (both nationals and non-nationals); these services are not specifically reserved for victims. As part of GOJ rescue guidelines, medical attention is also provided early in the rescue team's contact with victims. In addition, the GOJ provides trafficking victims access to and pays for medical, psychological, legal, and victim protection services through a formal referral process to a private shelter for victims of domestic abuse operated by the NGO Women's Incorporated. Existing laws provide for the government to assist victims with: understanding the laws of Jamaica and their rights; obtaining any relevant documents and information to assist with legal proceedings; replacing travel documents; any necessary language interpretation and translation; meeting expenses related to criminal proceedings against their traffickers; and provision of shelters and assistance to cover expenses. ¶B. The GOJ is in the process of establishing three government-run shelters for trafficking victims, the first of which is expected to become operational in February or March 2010. In addition, the GOJ pays the expenses of trafficking victims referred to a private shelter for victims of domestic abuse operated by the NGO Women's Incorporated; these funds account for about 20 percent of the shelter's funding. A privately-run shelter, Theodora House, also operates in Negril without GOJ support. Foreign victims have the same access to care as domestic trafficking victims. The CDA managed facilities for at-risk children, and the government provided funding to NGOs that worked to reintegrate child laborers who were victims of trafficking. Child victims are typically returned to their families, and only referred to shelters, foster care, or juvenile justice detention centers as last resorts. There is no specialized care for male victims, although Jamaica has free health care in all public hospitals and health centers, which provides medical and, if necessary, psychological treatment, for the public (both nationals and non-nationals). ¶C. The GOJ provides trafficking victims with access to legal, medical, and psychological services through referrals to NGOs such as Women's Incorporated and provides funding for these referrals. Existing laws provide for the government to assist victims with: understanding the laws of Jamaica and their rights; obtaining any relevant documents and information to assist with legal proceedings; replacing travel documents; any necessary language interpretation and translation; meeting expenses related to criminal proceedings against their traffickers; and provision of shelters and assistance to cover expenses. ¶D. Victims are not penalized for immigration violations or other unlawful acts committed as a direct result of being trafficked. The GOJ allows foreign trafficking victims participating in a law enforcement investigation or prosecution to remain in Jamaica until their cases have been completed and their safe return to their home countries is certain. The MNS's Victim Support Unit and the IOM assists with voluntary repatriations. For example, in one 2008 case, a Burmese national who had entered Jamaica on a valid work permit was discovered to have been working in an unauthorized business, was not being paid, and had had her passport withheld from her by her Burmese-Jamaican employer. Based on the victim's preference, the GOJ and the IOM assisted in repatriating her back to family in Burma. ¶E. Through its referrals and grants to NGOs such as Woman's Inc., the GOJ does assist with counseling, skills training, and educational programs to assist trafficking victims in reintegrating into society and rebuilding their lives. ¶F. The JCF utilizes a referral process designed by IOM ("Investigative Manual for Jamaican Human Trafficking") to transfer victims detained, arrested or placed in protective custody to institutions providing short- or long-term care. ¶G. According to the Director of Public Prosecutions and the NGO Women's Inc., no new trafficking victims were identified in 2009. The Office of the Children's Registry received 13 reports of child trafficking in 2009. ¶H. The GOJ's law enforcement, immigration, and social services personnel are trained in and utilize formal systems of proactively identifying potential trafficking victims among high risk populations with whom they come in contact, and to refer these victims to NGOs for short- or long-term care. The JCF utilize an identification and referral process designed by IOM, the "Investigative Manual for Jamaican Human Trafficking." ¶I. The rights of trafficking victims are respected. If identified as such, trafficking victims are typically referred to shelters at GOJ expense or returned to family members. No TIP victims were knowingly fined or prosecuted for any violations in ¶2009. ¶J. Pursuant to its anti-trafficking statute, the GOJ encourages victims to assist in the investigation and prosecution of trafficking. Victims also may independently file civil suits or take other legal action against their traffickers in order to obtain restitution, and victim access to such legal redress is not impeded.. However, given that no cases were filed in 2009 under the Trafficking Act or Child Protection Act, and given that many trafficking cases are prosecuted in local Resident Magistrate courts under different statutes, it would be difficult to determine how many victims assisted in the investigation and prosecution of traffickers during the reporting period. Victims who are material witnesses in court cases against former employers are permitted to obtain other employment and/or to leave the country pending trial proceedings. ¶K. The GOJ and NGOs routinely provide specialized training for law enforcement personnel, immigration and customs agents, consular and embassy officials, judges, court clerks, and social service workers in identifying trafficking victims and in the provision of assistance to trafficking victims, including the special needs of trafficked children. ¶L. Once the Jamaican authorities have been advised that a victim is being repatriated, these services along with shelter arrangements are available. The MOJ's Victim Support Unit is active in this regard. ¶M. A number of international organizations and NGOs work with trafficking victims in Jamaica, including: U.S. Agency for International Development (USAID); NGO Children First; NGO Independent Jamaica Council on Human Rights (IJCHR); NGO Hear the Children Cry; NGO International Organization for Migration (IOM); NGO Women's Incorporated; NGO People's Action for Community Transformation (PACT); NGO Theodora Project; NGO Western Society for Upliftment of Children (WSUC); and NGO Organization for Strategic Development in Jamaica. Services provided include shelter, counseling, education, training, reintegration, and legal assistance. Cooperation with local authorities appears to vary, with very close working relationships between local authorities and NGOs in Kingston and less coordination in Negril and Montego Bay. ¶6. (SBU) Prevention -------------- ¶A. The GOJ made steady efforts to further raise the public's awareness of trafficking during the reporting period. The GOJ conducted anti-trafficking education campaigns in schools and rural communities and operated telephone hot lines to report abuses. Local NGOs used videos, billboards, and live theatrical performances to highlight the dangers of trafficking, and also included anti-trafficking components in outreach to vulnerable populations, especially in popular tourist destinations. The campaigns targeted potential trafficking victims. ¶B. The GOJ's Passport and Immigration Control Authority (PICA) monitored immigration and emigration patterns for evidence of trafficking. ¶C. The GOJ's TIP Task Force, housed in the MNS, is responsible for coordinating and communicating between the various agencies (internal, international, and multilateral) and NGOs working on trafficking-related matters. ¶D. The GOJ has a national plan of action, drafted in 2005, to address trafficking in persons and continues to make progress in its implementation. NGOs were involved in crafting the national plan of action. ¶E. The GOJ funds an active public health awareness campaign to promote safe sex and condom usage, primarily as a means of combating HIV/AIDS. However, such messages are also relevant toward reducing the demand for commercial sex acts. ¶F. The GOJ continued its policy of restricting the issuance of, and significantly raising fees on, "exotic dancer" work permits for Jamaican hotel establishments, which reportedly has virtually removed Russian and Eastern Europeans from Jamaica's adult nightclubs. This may be effective in preventing sex trafficking. Beginning in late 2009, the JCF has initiated a campaign to curtail incidents of prostitution (much of it by underage girls, many of whom have been reported missing) in the Backroads area between Kingston and Portmore. PICA has also been more vigilant in denying entry to visitors it suspects are potential trafficking victims. ¶G. Not applicable. ¶7. (SBU) Partnerships -------------- ¶A. Since its inception in 2005, the GOJ's TIP Task Force has been a model for coordination between government (MNS, MOJ, PICA, MLSS, BWA, CDA, JCF, OCA, DPP),civil society (PACT, Women's Incorporated),and multilateral organizations (IOM). This collaboration has resulted in the successful development of a national plan of action, the implementation of anti-trafficking legislation, the raising of public awareness regarding trafficking, and the expansion of shelters and treatment facilities, both NGO and GOJ, across the island. ¶B. The GOJ does not have the financial resources to provide international assistance to other countries to address TIP. ¶8. (SBU) New Requirements for the Child Soldiers Prevention Act -------------- -------------- -------------- ¶A. Not applicable, as Jamaica has not been the subject of allegations regarding unlawful child soldiering. ¶9. (SBU) Point of Contact -------------- ¶A. Embassy Kingston's point of contact on TIP matters is William Baker, Political Officer, FS-04, telephone (876) 702-6000, ext. 6149, IVG 929-6149, fax (876) 702-6336. This report was drafted in 18 hours; related investigations and meetings involved 40 hours. Parnell