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

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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

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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

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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

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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

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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

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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

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A. Not applicable, as Jamaica has not been the subject of
allegations regarding unlawful child soldiering.




9. (SBU) Point of Contact

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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